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2015-02-19 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 19, 2015, 7:30 p.m., Assembly Chambers Page 1 . INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 15 A. *Regular Meeting Minutes of January 8 and January 22, 2015 and Special Meeting Minutes of January 29, 2015. Assembly Meeting Minutes 6. AWARDS AND PRESENTATIONS A. Employee of the Year Award 16 B. National Teen Dating Violence Awareness and Prevention Month Teen Dating Violence Awareness and Prevention 2015.pdf 17 - 37 C. Kodiak Seafood and Marine Science Center Presentation by Mr. Quentin Fong Kodiak Seafood and Marine Science Center.pdf 2-19 KSMSC Borough Presentation.pdf D. Finance Department Update to the Assembly E. Review of the Comprehensive Annual Financial Report (CAFR) 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 72 Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 38 - 50 1. Resolution No. FY2015-17 Supporting a Law in Alaska to Make All Workplaces 100% Smoke Free to Protect the Health and Safety of All Workers and Visitors From the Dangers of Secondhand Smoke. Resolution No. FY2015-17 - Pdf 51 - 53 2. Resolution No. FY2015-18 Adopting an Alternative Allocation Method for the FY15 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. FY2015-18 Shared Fisheries Business Tax Form - Pdf 54 - 59 3. Resolution No. FY2015-19 Adopting A Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2016. Resolution FY2015-19 Federal CIP - Pdf 13.C. Ordinances for Introduction 13.D. Other Items 60 - 64 1. *Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Marnie Leist). Mayoral Appointment to Parks and Recreation Committee - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free(855) 492-9202 and Local 486-3231. Page 2 of 72 15. EXECUTIVE SESSION A. Attorney Client Privilege Communications to Discuss Litigation, and Trial Strategy and Tactics: Wren's Appeal from Board of Adjustment, Markham's Appeals from Board of Equalization, Red Hook Settlement, and Stephens vs. Brooking/Selby Litigation. 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 65 - 72 1 . Regular Meeting Minutes of Fire Protection Area No. 1 Board, January 6 and January 20, 2015 and Womens Bay Service Area Board, January 6, 2015. Regular Meeting Minutes of Other Boards.pdf 18.B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 3 of 72 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 8, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on January 8, 2015, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. PETERSON moved to excuse Assembly members Carol Austerman and Aaron Griffin who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of December 4, 2014, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of January 2015 as National Stalking Awareness Month and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CITIZENS' COMMENTS None. COMMITTEE REPORTS Planning and Zoning Commissioner Alan Schmitt gave an update on the progress of the code revision project. Assembly member Lynch gave an update on the Kodiak Fisheries Work Group meeting that was held on Wednesday, January 7. Kodiak Island Borough Assembly Regular Meeting Minutes January 8, 2015 Page 1 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 4 of 72 AGENDA ITEM #5.A. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • He, Mayor Friend, and Assembly member Rohrer met with Representative Austerman regarding the upcoming Legislative Session issues such as budgets and Capital Improvements Projects Lists (CIP). • He attended the Fire Protection Area No. 1 Board meeting and gave an update on the Bayside Fire Chiefs hiring status and the stipend of the Interim Deputy Fire Chief. • Asked and was given direction to send out the Island Trails Network grant letter of support. • Announced there would be a surplus sale in the near future and notices would be provided to the public. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend thanked Mr. Don Roberts for his involvement on Facebook regarding the Code Revisions. Mayor Friend gave a historical background on the process, noting it had been a public process from the beginning. He encouraged citizens to make suggestions, propose changes, and give options to the Commission. He also noted that the process did not end at the Commission level and that there would be an Assembly review of the reasons later on in the process. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ROHRER moved to adopt Resolution No. FY2015-15. As a regional government, the Borough represented the communities of the Kodiak Island Archipelago. Those communities included the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. In those communities there were improvements and infrastructure that included docks, airports, community utilities, and facilities. Projects needed to be identified and prioritized by each community and forwarded to the Borough for inclusion in the 2015 State Legislative Capital Improvement Projects Priority List to be sent to the Governor and State Legislative Delegation. Kodiak Island Borough Assembly Regular Meeting Minutes January 8, 2015 Page 2 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 5 of 72 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, and Skinner. Ordinances for Introduction 1. Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision from R2-Two-Family Residential Zoning District to B-Business Zoning District (P&Z Case No. 15-007). LEDOUX moved to adopt Ordinance No. FY2015-09 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone request was a continuation of the applicant's effort to develop the site for business use. A loading dock that served as a warehouse on the adjacent Business zoned parcel was constructed on the site. Although the nearby warehouse and loading dock were a permitted conditional use in Business zoning, they were not permitted in Two-Family Residential zoning; therefore, a rezone to Business was required to accommodate the existing and desired development. As a precursor to the request, the Borough Assembly recently approved an amendment to the 2008 Comprehensive Plan Future Land Use Maps. The amendment changed the Future Land Use Designation from Rural Residential to Commercial/Business. The rezone was now consistent with the Comprehensive Plan and satisfied the requirements of Title 17 of the Borough Code. The Planning and Zoning Commission held a public hearing on the rezone request at its December 17, 2014 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, and LeDoux. Other Items 1. Assembly Direction to the Treasurer/Finance Director to Prepare and Publish the 2014 Roll of Real Properties Subject to Foreclosure. LYNCH moved to direct the Finance Director to prepare and publish a roll of real property subject to foreclosure and make said roll available for public inspection. The action was required as directed by KIBC 3.35.160 Preparation of the foreclosure list and KIBC 3.35.170 Publication of the foreclosure list. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. 2. Confirmation of the Assembly Appointments to the Citizens Board of Equalization (Laird and Shields). Kodiak Island Borough Assembly Regular Meeting Minutes January 8, 2015 Page 3 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 6 of 72 AGENDA ITEM #5.A. LEDOUX moved to confirm the Assembly Appointments to the Board of Equalization of Ms. Paula Laird to the seat term expiring December 31, 2017 and Mr. Grant Shields to the Alternate seat term expiring December 31, 2017. There were currently two vacant seats on the Citizens Board of Equalization. Annual appointments were made on December 4 for terms ending on December 31, 2014; however, one vacancy remained after the deadline to receive applications. On December 18, the Assembly amended KIBC 3.35.050 Members to add a second alternate seat to the board. Applications were received from Ms. Paula Laird and Mr. Grant Shields on November 24, 2014, for consideration for the two vacancies. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, LeDoux, Lynch, and Peterson. 3. Declaring a Seat on the Parks and Recreation Committee Vacant(John Neff). LYNCH moved to declare the seat on the Parks and Recreation Committee held by Mr. John Neff for a term expiring December 31, 2016 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. The Parks and Recreation Committee held six meetings during the period of January 1 through December 31, 2014. Of those six meetings held, Mr. John Neff missed four of them. Per KIBC 2.100.070(B) Vacancies the seat held by Mr. Neff for a term expiring December 31, 2016, needed to be declared vacant and advertised for applications. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, LeDoux, Lynch, Peterson, and Rohrer. CITIZENS' COMMENTS Scott Arndt, Fire Protection Area No. 1 Vice Chair, gave an update on the Bayside Fire Chief hiring process. Neil Cooper voiced his objections to the ongoing Planning and Zoning Commission code revisions. Mark Anderson, Alagnak Corporation Representative, spoke on Ordinance No. FY2015-09. He noted that the Corporation was taking the necessary steps to vacate the lot line as mentioned during the Planning and Zoning Commission process. ASSEMBLY MEMBERS' COMMENTS Assembly member Rohrer inquired about the length of time it was taking to hire the new Bayside Fire Chief. He encouraged quicker transitions in the future for critical Borough positions which concerned public safety. Kodiak Island Borough Assembly Regular Meeting Minutes January 8, 2015 Page 4 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 7 of 72 AGENDA ITEM #5.A. Assembly member LeDoux looked forward to the Strategic Planning Work Session scheduled on Saturday, January 17. He noted he would like to explore the possibility of converting the old swimming pool space into a community gym. He requested that Lobbyist Mark Hickey brief the Assembly on the Governor's State of the State address at a future assembly work session. Assembly member Peterson was glad to hear there was ongoing conversation about the code revisions. He noted he was not too worried about the transition for the Bayside Fire Chief position. Announcements—Mayor Friend The Assembly and School Board would meet in a joint work session on Thursday, January 15 at 6:30 p.m. in the Borough Assembly Chambers. The scheduled Assembly work session would immediately follow the joint work session. The next regular meeting was scheduled on Thursday, January 22 at 7:30 p.m. in the Borough Conference Room. The Assembly and Department Head Staff were scheduled to meet on Saturday, January 17, at 8 a.m. in the Borough Assembly Chambers to discuss the Borough's Strategic Plan. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, and Skinner. The meeting was adjourned at 8:27 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes January 8, 2015 Page 5 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 8 of 72 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 22, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on January 22, 2015, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Larry LeDoux, Chris Lynch, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy and Borough Clerk Nova Javier. AUSTERMAN moved to excuse Assembly members Aaron Griffin and Frank Peterson who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LYNCH moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES *Regular Meeting Minutes of December 18, 2014, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Cassidy presented the Employee of the Quarter Award for the second quarter of FY2015 to Debbie Rippey, Property Appraiser in the Assessing department. CITIZENS' COMMENTS Jonathan Strong and Dave Blacketer spoke in support of Resolution No. FY2015-16. They also noted the expansion plan for the bus system. COMMITTEE REPORTS Assembly member Skinner attended the School District Budget Advisory Committee meeting and gave an update specifically on KIBSD's fund balance. The next meeting was scheduled on January 31. Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2015 Page 1 of 4 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 9 of 72 AGENDA ITEM #5.A. PUBLIC HEARING Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision from R2-Two-Family Residential Zoning District to B-Business Zoning District(P&Z Case No. 15-007). LEDOUX moved to adopt Ordinance No. FY2015-09. The rezone request was a continuation of the applicant's effort to develop the site for business use. A loading dock that served a warehouse on the adjacent Business zoned parcel was constructed on the site. Although the nearby warehouse and loading dock were a permitted conditional use in Business zoning, they were not permitted in Two-Family Residential zoning; therefore, a rezone to Business was required to accommodate the existing and desired development. As a precursor to the request, the Borough Assembly recently approved an amendment to the 2008 Comprehensive Plan Future Land Use Maps. That amendment changed the Future Land Use Designation from Rural Residential to Commercial/Business. The rezone was now consistent with the Comprehensive Plan and satisfied the requirements of Title 17 of the Borough Code. The Planning and Zoning Commission held a public hearing on the rezone request at its December 17, 2014 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. Thirty public hearing notices were sent out on January 22, 2015, none were returned. Mayor Friend opened the public hearing. Mark Anderson, applicant, was pleased that this case finally made it this far since the process started in 2012. He was available to answer any questions that the Assembly may have. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Rohrer, and Skinner. BOROUGH MANAGER'S REPORT • Manager Cassidy reported on the following: • Mark Hickey, Juneau Lobbyist, will teleconference at the next work session to provide update regarding the Governor's State of the State address. • Approval of six lots instead of nine in the proposed Killarney Hills subdivision/properties for disposal by the Planning and Zoning Commission. • February 4, 2015 Meeting of the Planning and Zoning Commission at the Auditorium and KMXT's involvement with broadcasting and providing phone-in capabilities. • Media streaming in the Assembly Chambers had been moderately successful. IT Department was looking at improving the system. • Noted upcoming meetings next week. • Encouraged everyone to contact the Clerk regarding upcoming travel. Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2015 Page 2 of 4 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 10 of 72 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • Attendance to the Legislative reception in March in order to also meet with the Fish and Game Commissioner. • Noted upcoming meetings such as Borough Mayors Conference, Energy Summit Meeting, and Rural Leadership Forum. • Encouraged everyone to attend the KIB Mayors Conference on Monday, January 26. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2015-16 Adopting the Priorities of the Kodiak Area Coordinated Transportation Plan. LYNCH moved to adopt Resolution No. FY2015-16. The resolution was requested by City of Kodiak Mayor Pat Branson to express continued support to the Kodiak Area Transit System in its goal to provide safe and reliable transportation to those residents who needed it the most so they might remain living independently for as long as possible. Mayor Branson also noted in an email that the Kodiak Area Coordinated Transportation Plan was going to be updated by July 1st and would come before the Assembly at a later date. Assembly member Lynch was glad to see the possible expansion of routes in the near future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Rohrer, Skinner, and Austerman. Ordinances for Introduction None. Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2015 Page 3 of 4 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 11 of 72 AGENDA ITEM #5.A. Other Items 1. *Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Jennifer Culbertson). This item was approved under the consent agenda. There were three at-large vacant seats and one Retail Business Representative seat on the Solid Waste Advisory Board; two seats would expire December 31, 2016 and one seat to expire December 31, 2017. On January 5, 2015, the Clerk's Office received an application from Ms. Jennifer Culbertson indicating her desire to be appointed to one of the vacant seats on the board. According to KIBC 2.100.030 Appointments the Assembly confirmed the Mayoral appointment of Ms. Culbertson to the Solid Waste Advisory Board for a term to expire December 31, 2017. 2. *Confirmation of the Mayoral Appointment to the Architectural/Engineering Review Board (Kelsea Kearns). This item was approved under the consent agenda. There were currently two vacant seats on the Architectural/Engineering Review Board for terms to expire December 31, 2017. The Clerk's Office received an application from Ms. Kelsea Kearns on January 9, 2015 for one of the vacancies on the board. According to KIBC 2.100.030 Appointments the Assembly confirmed the Mayoral appointment of Ms. Kearns to the Architectural/Engineering Review Board for a term to expire December 31, 2017. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Rohrer inquired about the process for land disposal. He requested a timeline scenario be provided to the Assembly in writing when it comes to how the Borough code works for rezones. Assembly member LeDoux thanked the Borough staff members for their attendance to the Strategic Planning meeting. He looked forward to seeing the actions that would result from that plan. He would like to see a formalized committee to solely focus on land sales development. Assembly member Austerman congratulated the Employee of the Quarter. She noted that she woud be attending the SWAMC Energy Summit next week. Assembly member Shields noted that some of the corporations are planning a land summit to talk about what lands they have, what is happening on their lands, and possibly their plans for the future. She supported the idea of having the Borough's involvement with the Native Corporations, tribes, and major landholders in a land working group. ADJOURNMENT LYNCH moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2015 Page 4 of 4 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 12 of 72 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Rohrer, Skinner, Austerman, and LeDoux. The meeting was adjourned at 8:20 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2015 Page 5 of 4 `Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 13 of 72 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting January 29, 2015 A special meeting of the Kodiak Island Borough Assembly was held on January 29, 2015, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:15 p.m. Present were Mayor Jerrol Friend and Assembly members Carol Austerman, Larry LeDoux, Chris Lynch, Frank Peterson, Jr., Dan Rohrer, and Rebecca Skinner Staff members present were Borough Manager Bud Cassidy, and Borough Clerk Nova Javier. AUSTERMAN moved to excuse Assembly member Aaron Griffin and Chris Lynch who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Clerk's note: Assembly member Chris Lynch arrived at 7:17 p.m. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2015-24 Trail Hardening and Improvements to the Saltery Cove and Portage Bay Trails. LEDOUX moved to authorize the Manager to execute Contract No. FY2015-24 with Island Trails Network for the Trail Hardening and Improvements to the Saltery Cove and Portage Bay Trails in the amount not to exceed $200,000. In March 2014, the Borough was awarded a Coastal Impacts Assistance Program (CTAP) grant in the amount of $208,540 for improvements to the Saltery Cove and Portage Bay Trails. The project would serve to protect the wildlife habitat, the environment, and provide safer passage for the community on the heavily used trails. Only one bidder responded to the Request for Proposal (RFP)which was Island Trails Networks (ITN). ITN had a great deal of experience with similar projects on Kodiak. Staff assessed the proposal and was confident of a successful project. Borough staff would work closely with ITN on the project due to the sensitive habitat and land ownership permitting requirements. The grant funding was capped at $208,540 and $200,000 was being allotted for the contract, allowing $8,540 for Borough staff time and contingencies. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Peterson, Rohrer and Skinner. Kodiak Island Borough Assembly Special Meeting Minutes January 29,2015 Page 1 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 14 of 72 AGENDA ITEM #5.A. B. Declaring a Seat on the Planning and Zoning Commission Vacant(Ms. Jennifer Richcreek). PETERSON moved to accept, with regret, the resignation of Ms. Jennifer Richcreek from the Planning and Zoning Commission for a Borough seat term to expire December 2017, and direct the Clerk to advertise the vacancy per Borough Code. On January 23, 2014, Ms. Jennifer Richcreek submitted a letter of resignation for a term to expire December 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Austerman, and LeDoux. The meeting was adjourned at 7:25 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Special Meeting Minutes January 29,2015 Page 2 *Regular Meeting Minutes of January 8 and January 22, 2015 a... Page 15 of 72 AGENDA ITEM #6.B. i1 d�1ce of the cCfapar �] C eraiak c5sland o` araugh, Alaska ' i iff, retiataation DECLARING FEBRUARY 2015 AS �' NATIONAL TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH WHEREAS, teen dating violence, a pattern of controlling behaviors by one teen over another � ��, in a relationship, is a crime that impacts youth and families in Alaska and across the country; .t 'i) and „1. WHEREAS, protecting Alaska's most valuable resource, our youth. demands both awareness 11 and action as we strive to ensure their health, safety, and well-being as they develop into the C• V next generation of leaders, parents,and strong role models; and iL 4\ WHEREAS, teen dating violence includes verbal, emotional, or physical abuse. One in I I , adolescents reports being a victim of physical dating violence, while more than one in four �� , I teenagers have been in a relationship where a partner is verbally abusive; and �; 1 WHEREAS, victims of violent relationships in adolescence suffer not only from the crime �� ( L. itself, but from severe potential long-term consequences, including higher risk for substance � �1� abuse and eating disorders;and 1 L WHEREAS, every teen represent the potential of a wonderful life, and the State of Alaska V, `� joins with both Houses of Congress and Americans across the country in working to increase awareness and prevention of teen dating violence. `� , 1 NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby `v` L proclaim the month of February 2015 as: /t : National Teen Dating Violence Awareness and Prevention Month `./ q "LAT/I ntnesf,nc�,w/ &Awe heretiniO fel IT, `�� J &end and carve drur sad la be'o a/ �� L .a.„, . : , aii , ,, , , ri „ ,,,Thr , , ,,,,, ,,.., .. . . .r ..„ .„:„ , . National Teen Dating Violence Awareness and Prevention Month Page 16 of 72 AGENDA ITEM #6.C. About FITC Page 1 of I ICodlak•Seafood and Ma a lne Sci lice Genie s x" � uHiT " k MS,emus.a esti% KSMSC Home About Kodiak Seafood and Marine Science Center About KSMSC The mission of the UAF Kodiak Seafood and Marine Science Center is to increase the value of Alaska's fishing Industry and Teaching marine resources through research,technological development,education and service. Research Service Alaska's commercial fishing industry Our Students Alaska accounts for more than 60%of the continental shelf area and more than hall the shoreline of the entire United States. KSMSC Faculty a Staff Alaska's share of wild Irish harvested for human food is about 75%0l the US total,worth upward of$3,0 bltlion annualty. F¢llltles Created by the Alaska legislature In 1901,Kodiak Seafood and Marine Science Center(Immerly FITC)works with the industry to develop new solutions to Industry's problems.We direct our efforts in five areas:seafood harvesting technology, SFOS Home seafood processing technology,seafood quality and safety,contaminants,and collaborative ecosystems research. For Students Located in Kodiak,Alaska,at the center of Alaska's fishing Industry,the KSMSC Is housed in a 20,000 sq.ft.stsee.of the'art SF05 Faculty&Staff facility built on Near Island in 1991. News&Events Promoting the sustainable use or Alaska fisheries through collaborative research,application,education end SF05 Divisions information transfer In areas of: Directory Contact Us Seafood safety mySPOS • Safe handling and preservation techniques Webmall • Spoilage:factors affecting shelf life end microbial 't, growth !keywords i site search • Marine blatoxins:Harmful Algal Blooms,such as • ' • last name directoryPSP and donwlc acid Seafood quality Contact us: • Nutritional Convent Kodiak Seafood and Menne • Effects of capture,handling and processing �3 .., $done Center procedures i 4 ♦""W M t'fi qj as tie Trident way A.n r 341‘,�""� "yk • Effects of changing ocean conditions . tf '• Tel e0 AK 99515 7401Ta.-a44.1)lY Tel 90>.ABfi.1500 9yeehM1 reduction w � /0 ! i .A e �fax 907-406.1540 • Gear and techniques to reduce Capture of non- swiss target Species,Including marine mammalss itaihgo t >Ltlr Product markets and development (. p.,h5'a` Ata le 'a d Novel and enhanced markets for underutilized dominate Maaunverloota the Inst rotten or KD]Ida,Al sk Kodiak.Kodiak.iFn wv species the third Nmoth lamest rohltd ,[in e nation ot9 ay Sew Smcv ••I • Non-consumptive uses:blodlesel,pharmaceuticals • T-,...441,4 • Adding value through postprocessing enhancement n t• • • Full utilization of seafood byproducts Kodiak webcam • Technology transfer Environmental concerns • Offal discharge management • Energy-eldcient processing • Competition between humans,commercial interests and protected species Marine Advisory Program ektension More than 75%of Alaska's 731,000 residents eve on the coastline.Marine Advisory Program sdentisla work within these communities to Increase economic dive6lfleatlen and to conserve marine resources through access to technical assistance and taaMng. • Kodiak MAP Agent: Julie Matwevog-Supporting economic development in the Kodiak region • Statewide MAP Specialists: Marine Mammals-Kale Wynne Seafood Marketing-Ouentin Fong Seafood Technology-0ID0%Cfagg JSMSC Monthly Activity Revolts ll gSMSC History KSMSC Policy Council. Useful Links Moo tied q)lanwry rep2l0ero.qotiozaomiMn..eo eg amr ewsenlemaieesun-n ow.meAsto=2 AttiMia Sanaa blips://www.sfos.uaf.edu/ksmsc/about/ 2/9/2015 Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 17 of 72 AGENDA ►TEM #6.C. Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 18 of 72 AGENDA ITEM #6.C. Quentin Fong,Seafood Marketing Specialist Marine Advisory Program Alaska Sea Grant Page 1 of 2 ,sb Marine Advisory Program Home About us Events News Marine Advisory Research Education eeokstore Focus Anchorage S'd m;n . Food markets and marketing managementBevedv Bradley t • Business management and planning w Y Paula Co gs= . Trade and the environment .t / )deed gdibeck :J 4 . Aquaculture and fisheries economics Terry Nihon*, , - tu4 I 's. [[.bosh Her: Quentin Fong Ray Ral onde Expertise Seafood Marketing specialist Terri Srhlmmeck . Twelve years of commercial fishing Professor,OAF Marilyn Slanaa Mane. Ten years of seafood trade and marketingannil gsroncMN 1516 E.mae:Rsrdig61l516e edu • Eight years of commercial and research diving Benne advisory Program Bethel . Two years of shellfish fano operation Kodiak Seafood and Marine Currently unfilled P 5aeaco Center lis fridmi way Kodiak,AX 99615 Cordova Affiliations Jorie Baker . International Fisheries Economics and Trade Association . USDA Committee on Seafood Markets,Trade,and Environment Gillingham . Kodiak Salmon Branding and Marketing Committee Gabe Dunham . World Aquaculture Society Ketchikan Gary Freitag Education . B.5.,M.S.Marine Biology,Florida Institute of Technology Kodiak . M.S.Marine Resource Economics,University of Rhode island nnentin Fong . Ph.D.Environmental and Natural Resource Economics,University of Rhode Island )Wit Malwevou Draw Witteveea Kate Wynne Current projects . Marketing workshops to Alaskan coastal communities None . Potential for perishable products from Alaska to Asia Gov sheffleld . Shellfish markets In the U.S.—Opportunities for Alaska? Economic feasibility far shellfish farms in Alaska Petersburg • The Kodiak Experience-Report(An Exit Survey from Passengers Using the Alaska Marine eunnv Rim Highway System)(ERe; 162 KB) . The Kodiak Experience-Power Point Presentation(FQE;355 KB)(EU; ).7 Ne) Unalaska . Attracting Woking Professionals in Rural Alaskan Communities(pDF;24kb) Melissa Good . Tlas for Direct Mnrktter,:Workino with a Broker of Trader[pdf;380kb] Regional )erre DzumaA http://seagrant.uaf.edu/map/staff/fong.html 2/9/2015 Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 19 of 72 AGENDA ITEM #6.C. Quentin Fong,Seafood Marketing Specialist I Marine Advisory Program I Alaska Sea Grant Page 2 of 2 Home Marine Advisory Program Bookstore News Meetings Sl:emap Contact us South Q?f .SSI C3 � n° .7,„ Ik1aaiv�s� rectGbk Twitter YsuTube wee Last modified 25 April 2012,4:41pm AKOT.Contact:Alaska Sea Grant web coordinator. Alaska Sea Grant College Program,ICJ Bog 755040,Fairbanks,Alaska,99775.5040,sea.granteaiaska.edu,(907)474-7086. Alaska Sea Grant Is part of the School of fisheries and Ocean Sciences at the University of Alaska Fairbanks and part of the National Sea Grant Program,a division of NOAH.The Unire,nity of Alaska Fail banks is an affirmative action/equal opportunity employer and educational instllutiaa XMML H CSS http://seagrant.uaf.edu/map/staff/fong.html 2/9/2015 Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 20 of 72 AGENDA ITEM #6.C. Advisory Committee I Alaska Sea Grant Page I of 3 sue Alaska Sea Grant Home About us Events NemMarine Advisory Research Education Bookstore Alaska Sea Grant Advisory Committee Related links Alaska Sea Grant created a dedicated Advisory Committee In 2003,composed of Individuals 3019 Advkory Committee from an array of stakeholder groups representing all regions of the state.The Advisory prelim orecentatione Committee provides valuable guidance In Identifying state priorities(or research,education, 2411 Advisory Committee and extension within the subset of National Sea Grant focus areas.The Advisory Committee011110111 participates In strategic planning efforts and plays an Integral part In the review of research 24ID A_dvisory CommlNee proposals. meeting 4 ' �i Gt s r'w,ia3.4x, �' "�/,V�?t+ Advisers.Committee Charter ,Lye 1 ��.l r 11�i ]r ,,' revised November 2010[PDF; .f np w .tyhLS' 119 K47 kf.V- e �(j'� Vr' y0 l'�YAff� V� I�,d�}gg vgr i 2019:2SlagatealcoWn ✓, "`"1:11.1./-0,.', / s yaii I'k m' , r liF,„/V f?Vt' i'' 34Q4-2gli stra[ralc olap / ° tiK i t••• la cm; ar¢r�- a• r l. t i s, • Protect directory stv,v at rp About Alaska Sea Grant gg • 1dl '" t i� T� "1 £. P ; ) l ,4 ,R• ef' t y }3.YtR$ I '‘ �1 1y� "', '.i 0 i rtfiv.F $5trtyc l �1:Pj,A] 4'.jy` y'_>i ;,P p."��"'.vY�� '(3Cw' {, Nr�bf: 2014 Advisory Committee meeting in Anchorage,Left to right,back group:Eric vork,Dave Vlitherell, Kelly Harrell,Steve bans,Steve Dora,Jeff Stephan,Front group:Pete Esquire,Dan O'Hara,Bob 1Rntree,Peggy Cowan,Arles Sturgulervski,Vera Newell,Fred Schlutt,Nary Pete http://seagrantuaf.edu/about/advisoty.html 2/9/2015 Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 21 of 72 AGENDA ITEM #6.C. Advisory Committee I Alaska Sea Grant Page 2 of 3 Committee chair io or'-' Jeff see ha Mampar t '�/ ., Ulla Fishermen[Merlon AMotatmn r Membersd r James ealalger,Alaska Regional Adminlnntor lc 'w Margie ( , } Steve Rotel,Principal ty NOM No bona,MarInsist Service 1 .f+ Boren Consorting Servs-es x 1 II A Ria r Bruce Bustamaate,VP Community and Public t _� a Peggy Cowan,Superintendent si ARaln I; Nanh Ste Borough Shoal District f Princess coves ` 'fl . , r " • Steve Davis,Regional NEPA coardbiam. . .VPete eaquiro Katona,Marine FNMry rs's SeWa . aril1• SkO 'rn {.-33ry.Iurn- John Garner,Chia Operating Officer }J.e ?t -: Reny Herren,E*«ut]ve Director - * k i Hann PNtC Seafoods 1!tri j 4 A:asks Medoc Conaenafon Ulundi it,;,..;-, `.`.- Ric*Mania,Executive Vice President f't'-'} I goon maskete Alaska Regional Director [amnia Carygranpl`. r 4 u no N W1idiiie service m9 "1_i4,d`,a y� � M it'�\ Vic 55, - Lea elinsan.Pr silent ,J' rAl Jennifer Lincoln,Director,Alaska Pacific Offer ay Cemmerctai FfcMng end Agmculture Sae 1..,,,,1 ". Int tn Institute for Omipational safety and"atm ip La. (yve Lry Molly Nc4mmen,Executive Director 1$� '`�y:\!j� Vera Metcalf,pRMw 341; L Alasks Mean Observing System �{j i(v`.f Eskimo Walrus Commission et Kawerak Inc Atfr �'V'i`J ' 6�e t l:c eHenry Mitchell,FisheriesConsultantW ',ii Daniel O'Hara,Mayor r xi i Anchorage.Alaska 3„i Bnz[d Bey Bomugn gg''ia�'yy J�iA Gt L.hi' 1 Mary Pete,Director 4F r "a` Fred Schen,Jr,Vice Provost for Outreach• € �., AiKuskolam Campus university of Rinke Falrbarks � ' Engagement,and[Sector,Cooperative } l'. I£af l t t Extension Service J 5 1 University of Nasky FaVpsnkn V. . . John Shively,Executive Committee Member Chris Siddon,Marine Fisheries Scientist 41,43'1,,,$„,3 Nesourca DCvnrOpment CounO1 Alaska Department Or Fish end Game http://seagrant.uaf edu/aboudadvisory.html 2/9/2015 Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 22 of 72 AGENDA ITEM #6.C. Advisory Committee I Alaska Sea Grant Page 3 of 3 rip, ant Strasser,Environmental Stadler Leader AGMs smrgulewekl,former state senator + BP eaploratlon AnU«ape talk, log Thomas.former state senator David Wigglesworth,Coastal Program Manager, } rvNenks Southcentral Alaska ,. g. US Fish and Parade Service t t (Alternate for Geoff Hackett) SL 'Yv -, � T3 3 Bob Wormer.Alaska Regional Science Advisor p,,. A.j prvM WRM1amp,Deputy.mentor iltn I National Pah Service `i» North PYJIIC flahNy Mdnageminf COYntli R =Fame Marine Advisory Program Bookstore New, Meetings Snemap Contract us Seaeth Atm ,A tacebook Twiner voutoee PS5 Last Modified 24 October 2014,1:11pm AKOt Contact:Alaska Sea Gant web coordinator Alaska Sea Grant Coaege Program,PO Box 755040,Fairbanks,Alaska,99775-5040.sea grant@alaska.edu,(907)471.7016 Alaska Sea Grant Is part of the School of Fisheries and Ocean Sciences at the University of Alaska Fairbanks and part of the National Sea Grant Program,a division orNOAA.the University of Alaska Fairbanks is an affirmative action/equal opportunity employer and educational instllution. XNTML I I CSS http://seagrant.uaf.edu/aboutladvisory.html 2/9/2015 Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 23 of 72 AGENDA ITEM #6.C. Kodiak Seafood and Marine Science Center Presentation by Mr.... Page 24 of 72 0 0 a m T; ya w a o O co Kodiak Seafood and �`+ UNIVERSITY OF ALASKA �. FAIRBANKS N Marine Science Center Fisheries Division o 3. o co c Fei • Research -r s 4 • Teaching cr j5. • :; ; 4° • Public Outreach �r ;, Alaska Sea Grant Marine Advisory n = ~" =>— Program Z ---- _.. N °n o N y www.sfos.uaf.edu/ksmsc niP p O Q v Ei0 CD CD Seafood in Kodiak's Economy Q Cu • In 2013, Kodiak ranked third in the volume and value of seafood landed in the nation with 425M lbs. cocn D worth $154M n CD CD • About 30% of Kodiak workforce in the seafood Fir harvesting and processing sector 53 w v • Private sector services e.g. SeaLand • Govt. services e.g. USCG, NOAA, A®FG, UA I f 1 I ( IS _ � g- t i t � . 1 „I ' li 41 �s�' � ; o 121914 n �� ® i I� I�/g/.rt t ,a1 ti %:911:� t Y J! tt; 104131 t iiffi lgal* 01F94 O41di J/ra,l�+ 1/2 ,0,411 N yyyP.„� Ill a "fie �'17. t,ta�Y -. .-. k+ pkmtynamn�.� DS _ xr d� a3++y 1, �'. 'Ott_ , j�� f°' — u� "1"^° .t. topsi ,.E.x 4.,..L.,,,,„ . 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Page 28 of 72 Kodiak Seafood and Marine Science Center Presentation by Mr.... 0 0 a CT) 7 Cn KSMSC Facult 0y a ea • Quentin Fong — Seafood Marketing Specialist • Brian Himelbloom — Seafood Microbiology & Safety • Julie Matweyou - Kodiak Marine Advisory Agent n • Chris Sannito — Segi afood Technology Specialist ci co • Briana Witteveen — Marine Mammal Specialist D • Kate Wynne — Marine Mammal Specialist cr V. e; 's4 ..Gj 4 it titk a .. y x N �` ' c Kate s' O c a . �s t Julie '� r *� w a n Quentin Qt x '' 7 o !r41t J At 1,1 • .. i . .!FST 3 rn n a 0 a 1 KSMSC Research itis, a . r,7 Ca Seafood _Th-g? . VaMtltdk.,t,_„„ et. ' 1 0 —Ter Safe handling and preservation techniques .' r ' a, a • Factors affecting shelf life and microbial spoilage Seafood Quality n • Capture, handling and processing effects • Nutritional content • Effects of changing ocean conditions Ec Product Markets and Development s • Novel and enhanced markets for underutilized species • Non-consumptive uses: biodiesel, pharmaceuticals • Adding value through post-processing enhancement • Full utilization of seafood , . Y I. , t byproducts .., ,. , l 1�- gra s m • Technology transfer l4 ' --*: ,ry.�` z CIEdible fish oils 4t P (I 0 a ET) cr `1-7 .19:4- KSMSC Research Lµyj} .FsyrL '- S" `Y ,•."X }" - '�" ,-;r4 a 44P-Kodiak. AFC Gulf Apex Predator-Prey Project • Predator-prey interactions in the western Gulf of Alaska as they relate to the decline of the western stock of Steller sea lions Fp Environmental Concerns • Offal discharge management • Energy-efficient processing • Competition between humans, commercial interests and protected species Harmful Algal Blooms and Marine Biotoxins • Applied use of emerging technology towards reduced-cost testing for PSP toxins o • Monitoring for seasonal toxin patterns N y O a v' Cn co Er 0 KSMSC Teaching Q a) • Undergraduate 3-credit courses: co 0. - Introduction to Fisheries Utilization o — Seafood Business 7 (D • Undergraduate Interns u, v • Graduate Students o y a f -, Ka 3° •s� ' 7 g ii a, ,& c +'� ' ^,y4.447417:4);4-444" ' vJ. + rn orD f � { .` { i ; Ga 1.) . "` " ,', ti, " R \":", 1 , h 0 Q cn KS Service : Seafood Processing a v Q E ® Business and marketing workshops and consultations for Alaskan food and seafood processors _ cpc • Smoked Salmon Workshops 0 Alaska Seafood Processor Leadership Institute 63 Ow ® Better Process Control School 0 o Seafood Processor Quality Control ® Ammonia Refrigeration Ymania o Hazard Analysis and Critical Control Point R d f m - = raw. , < ', `! .� w "` a �� #' ,� ig 0 a A 0 KSMSC Service : Seafood Harvesters a 5-1 • On-board Refrigeration maintenance 0 • Alaska Young Fishermen Summit • Cold water survival and safety training • Net repair seminars for harvesters • Vessel Insurance Seminar 7e SF�, _ • NPFMC Process Seminar • Collaboration with Kodiak College ck( .441.);'-'•. � ` �� 41* ray on vessel maintenance and repair w ,.. . yco �; . A .'z.n,' W "' 0 0 0 a cn 0 KSMSC Service : Kodiak Community 0 N v • Filipino-American Association • Latina Women Association of Alaska 0 00 • Participation in Local Seminar Series n • Kodiak Area Marine Science Symposium ii ow • Collaborate with the Kodiak College and Kodiak co School System to deliver Marine Literacy Program 6 as�`>•-- `M�, a i m �--gym, m IN LI _."' �--'I:177r i$ ) ,." Via_ , L:11, rn o coru co N � •^..k1 : �_ryr• A f si. �XY ^ � ` / 0 a Ct %fr 13 KSMSC Facility: Public Use a E About 5, co person-hours use by various groups: gs • Providence Mental Health Center n • Island Trails Network ea • Kodiak Island Search and Rescue • Cooperative Extension Service • 4-H Office -Y _ Y , ._, Z MI7IN I t , , c.1 Zi eco A d; % rn P AGENDA ITEM #6.C. ,..,,,t‘wrait.„ ,,.,.,,r.t.,..ia.,11,4), ., „:r.. ‘ .!-ir,. .2".3.;:k. .i,N1:2itiljr-l.."0 7iS'_'::•••-,a 4Jtor.:'r, AI .441,-.' .4,Nri,„-,..,,-1:4.tftf,.r.,5„..ig,x,:,;•$,:::..7!„.•4',.z... .-i:.--2-1,7,:t..-t,;;;;(4.- 'i ••.!.,, •1.1'..:•1•;:7 -7.. i..'? .„4VdilkWrir.. ::.{4h.1• •.:::-•:: • 7i.-':- -CP,r ..1.. 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'.!.. - ••i 7%.... • i AA..- - --‘..4 -• A t'AV4'-r-'• . - ,I,F, i.‘ - -..' .41=1, • ' --!1;-60,, - ',- iii: I ..2 ; - -:-- ....1;-•- ::,,'"',-:-..,:-_ - 1 ,* i• 4 -rot-. , .Th; -4..... . , - - - -,:y. 4 ti...____ . ,L4„.. - 1t%' %_ %sic!-4,,t,,-. .„.... • , r,'", - .,,j,-' ,1 i. •'.,.,,;' '';.4 .;*• '. :.' '-`"'It 2,,,ut. ,' -nit,t, ._ L,.' —" - Page 37 of 72 Kodiak Seafood and Marine Science Center Presentation by Mr.... AGENDA ITEM #13.B.1. KODIAK ISLAND BOROUGH >a� AGENDA STATEMENT FEBRUARY 19, 2015 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2015-17 Supporting a Law in Alaska to Make All Workplaces 100% Smoke Free to Protect the Health and Safety of All Workers and Visitors From the Dangers of Secondhand Smoke. ORIGINATOR: Aaron Griffin FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Ms. Betty MacTavish requested the attached resolution. Assembly member Griffin is the sponsor of this resolution which supports a law in Alaska to make all workplaces 100% smokefree to protect the health and safety of all workers and visitors from the dangers of secondhand smoke. Backup information is provided in the packet regarding Senate Bill No. 1 "An Act Prohibiting Smoking in Certain places; Relating to Education on the Smoking Prohibition; and Providing for an Effective date." Ms. MacTavish asks that the Assembly adopt this resolution to support lobbying efforts in support of Senate Bill No. 1. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-17. Kodiak Island Borough Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 38 of 72 AGENDA ITEM #13.8.1. 1 Introduced by: Assembly Member Griffin 2 Requested by: Betty MacTavish 3 Drafted by: Betty Mecraysh 4 Introduced on: 02/19/2015 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2015-17 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 SUPPORTING A LAW IN ALASKA TO MAKE ALL WORKPLACES 100% 12 SMOKE FREE TO PROTECT THE HEALTH AND SAFETY OF ALL WORKERS 13 AND VISITORS FROM THE DANGERS OF SECONDHAND SMOKE 14 15 WHEREAS, secondhand smoke contains more than 7,000 chemicals, including at least 69 of 16 which are known to cause cancer, including formaldehyde, benzene, vinyl chloride, arsenic, 17 ammonia and hydrogen cyanide, and people who are exposed to secondhand smoke are 18 inhaling many of the same cancer-causing substances and poisons as smokers; and 19 20 WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor 21 air pollution and that breathing secondhand smoke is a cause of disease in healthy 22 nonsmokers, including heart disease,stroke, respiratory disease and lung cancer; and 23 24 WHEREAS, the 2006 U.S. Surgeon General's Report, "The Health Consequences of 25 Involuntary Exposure to Tobacco Smoke,"concluded that there is no risk-free level of exposure 26 to secondhand smoke; ventilation and other air cleaning technologies cannot eliminate 27 exposure of nonsmokers to secondhand smoke; and smokefree workplace policies are the only 28 effective way to eliminate secondhand smoke exposure in the workplace; and 29 30 WHEREAS, the 2010 U.S. Surgeon General's Report, "How Tobacco Smoke Causes 31 Disease,"determined that even occasional exposure to secondhand smoke is harmful; and 32 33 WHEREAS, there are serious questions about the safety of inhaling the substances in some 34 e-cigarette aerosol, and ecigarettes have not been subject to thorough, independent testing, 35 making it difficult for users to be sure of what they are actually inhaling. Some studies have 36 shown that some e-cigarettes can cause short-term lung changes and irritations and the long- 37 term health effects, are unknown; and 38 39 WHEREAS, for every nine smokers who die, one nonsmoker dies from exposure to 40 secondhand smoke;and 41 42 WHEREAS, approximately half of Alaska's population is not protected by a smokefree 43 workplace law; and 44 45 WHEREAS, among those who work primarily indoors, young adults aged 18 to 29 are 46 significantly less likely to be protected by a smokefree indoor workplace policy than other Alaska 47 adults; and 48 49 WHEREAS, research in communities where smokefree laws have been adopted has 50 consistently shown neutral or positive economic effects to the hospitality industry following a 51 smokefree workplace requirement;and Kodiak Island Borough Resolution No. FY2015-17 Page 1 of 2 Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 39 of 72 AGENDA ITEM #13.B.1. 52 53 WHEREAS, smokefree workplace laws protect people from secondhand smoke, reduce 54 tobacco use overall and reduce health care costs; and 55 56 WHEREAS, all Alaskans have the right to breathe smokefree air; and 57 58 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 59 BOROUGH that we hereby support a law in Alaska to make all workplaces 100%smokefree to 60 protect the health and safety of all workers and visitors from the dangers of secondhand smoke. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF 2015 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerrol Friend,Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M.Javier, MMC, Borough Clerk 76 Kodiak Island Borough Resolution No. FY2015-17 Page 2 of 2 Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 40 of 72 AGENDA ITEM #13.6.1. 29-LS000341 SENATE BILL NO. 1 IN THE LEGISLATURE OF THE SPATE OF ALASKA TWENTY-NINTH LEGISLATURE-FIRST SESSION BY SENATOR'IICCICBE Introduced: 1/9/15 Referred: Prefiled A BILL FOR AN ACT ENTITLED 1 "Au Act prohibiting smoking in certain places; relating to education on the smoking 2 prohibition;and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 *Section 1.AS 18.35 is amended by adding new sections to read: 5 Article 4.Prohibition of Smoking in Certain Places. 6 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an 7 enclosed area in a public place,including an enclosed area 8 (1) at an entertainment venue or a sports arena; 9 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 10 public transportation; II (3) at a public transit depot, bus shelter, airport terminal, or other 12 public transportation facility; 13 (4) at a retail store or shopping center; 14 (5) at a place of government or public assembly located on property 80000IA -1- 513 I New Text Underlined IOCLG:rsn TExT BRACKETED] Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 41 of 72 AGENDA ITEM #13.6.1. 29-LS0003W I that is owned or operated by the state, a municipality, or a regional educational 2 attendance arca, or by an agent of the state, a municipality, or a regional educational 3 attendance area. 4 (b) Smoking is prohibited in an enclosed area in the following places: 5 (I) at an offree building, office, hotel, motel, restaurant, bar, retail 6 store,or common area in an apartment building or multiple-family dwelling; 7 (2) in a place of employment; 8 (3) in a building or residence that is used to provide paid child care, 9 whether or not children are present in the building or residence; 10 (4) at a health care facility; 11 (5) in a vehicle that is a place of employment; 12 (6) ata public or private educational facility; 13 (7) in a residence at which the care of adults is provided on a fee-for- 14 service basis; 15 (8) at a residence in a health care facility,hotel,or motel. 16 (c) Smoking is prohibited outdoors 17 (1) at an area located at a'public or private school or a state or 18 municipal park that is primarily designated as a place for children to play; 19 (2) in a seating area for an outdoor arena,stadium,or amphitheater; 20 (3) within 21 (A) 50 feet of an entrance to a health care facility; 22 (B) 10 feet of an entrance to a bar or restaurant that serves 23 alcoholic beverages; 24 (C) 20 feet of an entrance, open window, or heating or 25 ventilation system air intake vent at an enclosed area at a place where smoking 26 is prohibited under this section;or 27 (D) a reasonable distance of an entrance, open window, or 28 heating or ventilation system air intake vent on a marine vessel covered by this 29 section as determined by the vessel owner or operator in charge. 30 (3) Notwithstanding(a)of this section,unless the owner or operator prohibits 31 it,smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail SI3 1 -2- St10001A New Text Underlined (DELETED TEXT BRACKETED] Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 42 of 72 AGENDA ITEM #13.B.1. 29-LS00031H tobacco or e-cigarette store' 2 (I) means a retail store 3 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 4 and products containing tobacco, and pipes and other smoking or c-cigarette 5 accessories; 6 (B) in which the sale of other products is incidental; 7 (C) that derives at least 90 percent of its gross revenue from the 8 sale of cigarettes,e-cigarettes,cigars,tobacco and products containing tobacco, 9 and pipes and other smoking or e-cigarette accessories;and 10 (D) that is a freestanding building not attached to another I I business or to a residence; 12 (2) does not include 13 (A) a tobacco or e-cigarette department or section of a business 14 that does not meet the criteria in(I)or this subsection; 15 (B) a business that is also a restaurant or grocery store; 16 (C) a business that is licensed under AS 04.1 I to serve 17 alcoholic beverages at an outd oar location; I S (D) a business that is licensed under AS 05.15 to sell pull-tabs; 19 (E) a business that is licensed under AS 43.70.075 to sell 20 tobacco but that does not meet the requirements of this subsection;or 21 (F) a retail store that is within an indoor public place or 22 workplace. 23 (e) Notwithstanding(h)of this section,unless the owner or operator prohibits 24 it,smoking is allowed in a vehicle or on a marine vessel that is a place of employment 25 when the vehicle or vessel is used exclusively by one person. 26 (t) Nothing in this section prohibits smoking at 27 (I) a private club that does not serve alcoholic beverages and is not a 28 place of employment, unless the private club is hosting an event that is open to the 29 public;in this paragraph,"private club"means a building or portion of a building used 30 only for a recreational, fraternal, social, patriotic, political, benevolent, or athletic 31 purpose by one organization that has been granted an exemption from the payment of SRN I A -3- SB I New Text: Underlined [OEbES'EO TEXT RrACKETEnj Resolution No. FY2015-17 Supporting a Law in Alaska to Make .., Page 43 of 72 AGENDA ITEM #13.B.1. 29-1.50003111 federal income tax as a club under 26 U.S.C.501 (Internal Revenue Code); 2 (2) a private residence, except a private residence described in (b) of 3 this section. 4 (g) Notwithstanding(b)of this section, the department may adopt regulations 5 authorizing smoking in a stand-alone shelter. At a minimum, the regulations must 6 provide 7 (1) that no food or drink be sold in the stand-alone shelter; 8 (2) that at least 50 percent of one side of the shelter be completely 9 open to the outside;and 10 (3) for minimum distance requirements consistent with (c) of this 11 section. 12 Sec.18.35.306.Notice of prohibition.(a)A person who is in charge of a place 13 or vehicle where smoking is pmhihited under AS 18.35-30) shall conspicuously 14 display in the place or vehicle a sign that 15 (1) reads"Smoking Prohibited by Law--Maximum Fine$100";and 16 (2) includes the international symbol for no smoking or the words"No • 17 Puffin" with a pictorial representation of a Homed Puffin or Tufted Puffin holding a 18 burning cigarette enclosed in a red circle crossed with a red bar. 19 (b) A person in charge of a building at which smoking is prohibited within a 20 specific distance from the entrance of the building under AS 18.35.301(e) shall 21 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 22 Entrance Prohibited by Law--Maximum Fine 5100" visible frosts the outside of each 23 entrance to the building. 24 (c) The department shall furnish signs required under this section to a person 25 who requests them with the intention of displaying them. 26 Sec.18.35.311.Duty of employers and building managers.(a)An employer 27 may not permit an employee, customer, or other person to smoke inside an enclosed 28 area at a place of employment. 29 (b) The owner,operator,manager,or other person who manages a building or 30 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 31 or other smoking accessories for use in that building or place. SB 1 -4- S130001A New Text Underlined (DELETED TEXT BRACKETED( Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 44 of 72 AGENDA ITEM #13.B.1. 294S0003\t1 l Sec. 18.35 316. Powers and duties of the commissioner. (a) The 2 commissioner shall 3 (1) administer and enforce the requirements of AS 18.35.301 - 4 18.35.399; 5 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 6 necessary to early out the duties under this section. 7 (b) In addition to other powers granted the commissioner under AS 18.35.301 8 - 18.35399, the commissioner may delegate to another agency the authority to 9 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 10 (c) Nothing in this section limits the authority of a peace officer to enforce the 11 provisions of AS 18.35.301 - 18.35399. 12 Sec. 18.35,321. Public education. (a) The commissioner shall ensure that 13 employers,property owners,property operators, and other members of the public are 14 provided ongoing access to 15 (I) a program of education regarding the requirements in AS 18.35.301 16 - 18.35.399; 17 (2) an electronically published printable brochure that summarizes the 18 requirements in AS 18,35.301 -18.35.399. 19 (h) The program of education under (a) of this section may he provided in 20 combination with the comprehensive smoking education,tobacco use prevention,and 21 tobacco control program established in AS 44.29.020(a)(14). 22 Sec. 18.35.326. Nonrelaliation.(a)An employer may not discharge,refuse to 23 hire,or in any other mariner retaliate against an employee or applicant for employment 24 because the employee or applicant cooperates with or initiates enforcement of a 25 requirement in AS 18.35.301 - 18.35.399. 26 (b) The owner or operator of a vehicle or other place that is subject to a 27 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 28 member of the public for cooperating with or initiating enforcement of a requirement 29 in AS 18.35.301 - 18.35.399. 30 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35,301 31 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 580001 A -5- SR I Nov Tex: Underlined (DELSTE[: TEXT BRACKETED] Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 45 of 72 AGENDA ITEM #13.B.1. 29-LS0003V1 (I) additional limitations on smoking;or 2 (2) additional duties on employers, owners, operators, and other 3 persons who are subject to the requirements of AS 18.35306 or 18 35.311 related to 4 smoking. 5 See. 18.35.336. Violations and civil penalties. (a) The commissioner shall 6 adopt by regulation procedures for filing, processing, and investigating reports of 7 violations of AS 18.35.301, 18.35.306, 18.35.311,and 18.35.326. 8 (b) If, after investigating a report made under this section, the conmtissioner 9 determines that a violation has occurred,the commissioner may 10 (1) file a civil complaint in the district court to enforce the provisions 11 of AS 18 35.301, 18.35.306, 18.35.311,and 18.35.326;or 12 (2) issue a citation under AS 18.35.346(h). 13 (e) A person who violates AS 18.35.301 and against whom the commissioner 14 has filed a civil complaint under this section is punishable by a civil penalty of not 15 more than$100. 16 (d) A person who fails to comply with a duty imposed on that person by 17 AS 18.35.306 or 18.35311 and against whom'the commissioner has filed a civil 18 complaint under this section is punishable by a civil penalty of not more than 19 (I) 5100 for a first failure to comply; 20 (2) $200 for a second failure to comply that occurs within 24 months 21 after the date the person was fined for a first failure to comply; 22 (3) 5500 for each failure to comply that occurs within 24 months after 23 the date the person was fined for a second failure to comply. 24 (e) A person who violates AS 18.35.326 and against whom the commissioner 25 has filed a civil complaint under this section is punishable by a civil penalty of not 26 more than$1,000. 27 (I) The department may provide for the payment of a civil penalty under this 28 section by mail. 29 Sec. 18.35.346.Citations; fines.(a)A peace officer may issue a citation for a 30 violation of AS 18.35.301 committed in the offtder's presence or for a violation of 31 AS 18.35.306, 18.35.311, or 18.35.326. The provisions of AS 12.25.175 - 12.25.230 SB I -6- SB000IA New Text ✓nderlioed [DELETED TEXT BRACKETED] Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 46 of 72 AGENDA ITEM #13.8.1. 29-Ls000S11 apply to the issuance of a citation under this subsection. 2 (b) An employee of the department designated by the commissioner to enforce 3 the provisions of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 may issue a 4 citation for a violation of AS 18.35.301, 18.35.306, 18.35311,or 18.35.326 regardless 5 of whether the violation was committed in the employee's presence. A citation issued 6 under this subsection shall be in the same forst and shall be processed in the same 7 manner as a citation issued by a peace officer under(a) of this section. An employee 8 of the department may not arrest a person for a violation of AS 18.35.301, 18.35.306, 9 18.35.311,or 18.35.326. 10 (c) A person who violates AS 18.35.301 as alleged in a citation under(a) or 11 (hi of this section is guilty of a violation, as defined in AS )1.81.900(6), and upon 12 conviction is punishable by a fine of not more than$100 for each violation. 13 (tl) A person who fails to comply tvith a duty imposed on that person by 14 AS 18.35.306 or 18.35.311 as alleged in a citation under (a) or (b) of this section is 15 guilty of a violation as defined inn AS 11.81.900(6) and punishable by a line of not 16 more than 17 (I) $100 for a first failure to comply; l8 (2) $200 for a second failure to comply that occurs within 24 months 19 after the date the person was fined under this section for a first failure to comply; 20 (3) $500 for each failure to comply that occurs within 24 months after 21 the date the person was fined tinder this section for a second failure to comply. 22 (e) A person who violates AS 18.35.326 as alleged in a citation under(a)or 23 (h) of this section is guilty of a violation, as defined in AS 11.81.900(6), and 24 punishable by a fine of not more than S 1,000 for each violation. 25 (1) The supreme court shall establish a schedule of hail amounts for violations 26 of AS 18.35.301, 1835.306, 18.35.311, and 18.35.326, but in no event may the hail 27 amount exceed the maximum tine that may he imposed for the violation under(c)-(c) 28 of this section.The bail a too trill for a violation must appear on the citation. 29 (g) If a persons cited for a violation under this section does not contest the 30 citation,the person may.on or before the 30th day after the date of the citation, mail 31 or personally deliver to the clerk of the court in which the citation is filed SR0001A -7- SR 1 Yav rex[ n,rierlinea (DELETED TEXT PRACXCTED) Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 47 of 72 AGENDA ITEM #13.B.1. 29-LS00031H 1 (1) the amount of hail indicated on the.citation for that violation;and 2 (2) a copy of the citation indicating that the right to an appearance is 3 waived,a plea of no contest is entered,and the hail is forfeited. 4 (h) When bail has been forfeited under (g) of this section, a judgment of 5 conviction shall be entered. Forfeiture of bail is a complete satisfaction for the 6 violation. The clerk of the court accepting the bail shall provide the violator with a 7 receipt stating that fact if requested. 8 (i) A person cited under this section is guilty of failure to obey a citation under 9 AS 12.25.230 if the person fails to pay the bail amount established under (f) of this 10 section or fails to appear in court as required. 11 Sec. 18.35.351. Injunctions.The commissioner or another affected party may 12 bring a civil action in the.superior court to enjoin a violation of AS 18.35.301. 13 1835.306, 18.35.311,or 1835.326. 14 Sec. 18.35.399.Definitions.In AS 18.35.301 -18.35.399, 15 (I) "business" means a for-profit or nonprofit sole proprietorship, 16 partnership, joint venture, corporation, professional corporation, private club, retail 17 seller of goods or services,or other business entity; 18 (2) "commissioner" means the commissioner of health and social 19 services or the commissioner's designee; 20 (3) "department"means the Department of Health and Social Services; 21 (4) "e-cigarette" means an electronic device that uses a heating 22 clement, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a 23 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other 24 lighted or heated tobacco or plant product intended for inhalation; 25 (5) "employee" means a person who is employed by a business for 26 compensation or works for a business as a volunteer without compensation; 27 (6) "employer" means the state, a municipality, a regional educational 28 attendance area,and a person or a business with one or more employees; 29 (7) "enclosed area" means space between a floor and a ceiling that is 30 bounded on two or more sides by a combination of walls, doorways, windows, or 31 other physical barriers that may be open,partially open,closed,retractable,temporary, SB 1 -8- SB0001A New Text Underlined (DELETeD TEXT BRACKETED; Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 48 of 72 AGENDA ITEM #13.B.1. 29-1.50003Vtl or permanent; 2 (8) "health care facility" means an office or institution providing care 3 or treatment for physical,mental,emotional,or other medical,dental,physiological,or 4 psychological diseases Or conditions; a private, municipal, or state hospital; 5 independent diagnostic testing facility;primary care outpatient facility;skilled nursing 6 facility; kidney disease treatment center, including freestanding hemodialysis units; 7 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Nome or 8 Alaska Veterans' Home administered by the Department of Health and Social Services 9 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 10 treatment center, as defined in AS 13.07.111 or AS 47.32.900. and other facilities. I I places of employment or offices operated for use by doctors, nurses, surgeons, 12 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other 13 processional health care providers to provide health care; 14 (9) "place of employment"means work areas,private offices,hotel and 15 motel rooms,employee lounges, restrooms, conference rooms,classrooms,cafeterias, 16 hallways, vehicles, and other employee work areas that are under the control of an 17 employer; 18 (10) "public place' includes 19 (A) an area to which the public is invited or into which the 20 public is admitted; 21 (B) a place where services, goods, or tncililies are offered to 22 the public. 23 (ll) "smoking" means using an e-cigarette or other oral smoking 24 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 25 pipe,or tobacco or plant product intended for inhalation. 26 * Sec.2.AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.340, 18.35.341, 27 18.35.342, 18.35.343,18.35.350, 18.35.355,and 18.35 365 are repealed. 28 * Sec.3.The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. AS 18.35301, 18.35.306, 18.35311, 18.35.316, 18.35.321, 31 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351,and 18.35.399,added by sec. I of this SBOOOI A -9- tin I Mew Text Underlined IeSLETGC TEXT 5H/c'XEI'GD] Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 49 of 72 AGENDA ITEM #13.8.1. 29-LS0003\H I Act,apply to violations or failures to comply that occur on or after the effective date of sec, I 2 of this Act. 3 *Sec.4.The uncodified law of the State of Alaska is amended by adding a new section to 4 read: 5 TRANSITION; REGULATIONS.The Department of Health and Social Services may 6 adopt regulations necessary to implement AS 18.35.301, 1835.306, 18.35.311, 18.35.316, 7 18.35.321, 18.35,326, 18.35.331, 18.35.336, 18.35.346, 18.35.351. and 18.35,399, added by 8 sec.1 of this Act.The regulations take effect under AS 44.62(Administrative Procedure Act), 9 but not before the effective date of sec. I of this Act. 111 *Sec.5.Section 4 of this Act takes effect immediately under AS 01.10,070(c). I I *Sec.6.Except as provided in sec.5 of this Act,this Act takes effect October I,2015. SB I -t0- SR0001A Ke, Text Underlined (DELETED TART BRACKETED) Resolution No. FY2015-17 Supporting a Law in Alaska to Make ... Page 50 of 72 AGENDA ITEM #13.6.2. KODIAK ISLAND BOROUGH ` et AGENDA STATEMENT x«„ FEBRUARY 19, 2015 �« ASSEMBLY REGULAR MEETING nu TITLE: Resolution No. FY2015-18 Adopting an Alternative Allocation Method for the FY15 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. ORIGINATOR: Karl Short FISCAL IMPACT: Yes Approximately FUNDS AVAILABLE: 40,000-60,000 Account Number: Amount Budgeted: SUMMARY STATEMENT: This resolution will allow the Kodiak Island Borough to submit its application for the FY15 Shared Fisheries Business Tax Program using an alternative method.The resolution indicating approval of the application is a required portion of the application. This year,the different cities in the Borough have been working to develop a simpler method to allocate the FY2015 Shared Fisheries Business Tax Program. In FY2014, $141,182 was divided up among the various cities and the Kodiak Island Borough. In FY2015, the total allocation will be$94,680. To prepare the standard"long"form takes considerable staff time of all of the cities and the Borough. For FY2015, we are proposing that the FY2015 Shared Fisheries allocation will be based on the population of each of the cities and the Borough's will be the total population of the Borough, less the population of each of the cities. RECOMMENDED MOTION: Move to adopt Resolution FY2015-18. Kodiak Island Borough Resolution No. FY2015-18 Adopting an Alternative Allocation ... Page 51 of 72 AGENDA ITEM #13.6.2. 1 Introduced by: Manager Cassidy 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on' 02/19/15 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2015-18 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE 11 FY15 SHARED FISHERIES BUSINESS TAX PROGRAM AND 12 CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY 13 REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF 14 FISHERIES BUSINESS ACTIVITY IN FMA 13:KODIAK ISLAND 15 16 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY15 17 Shared Fisheries Business Tax Program, the municipality must demonstrate to the 18 Department of Commerce, Community, and Economic Development that the 19 municipality suffered significant effects during calendar year 2013 from fisheries 20 business activities;and 21 22 WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding 23 to eligible municipalities located within fisheries management areas specified by the 24 Department of Commerce, Community, and Economic Development;and 25 WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department 26 of Commerce, Community, and Economic Development, of alternative allocation 27 methods which may be used within fisheries management areas if all eligible zs municipalities within the area agree to use the method, and the method incorporates 29 some measure of the relative significant effect of fisheries business activity on the 30 respective municipalities in the area; and 31 WHEREAS, the Kodiak Island Borough proposes to use an alternative allocation method 32 for allocation of FY15 funding available within the FMA 13: KODIAK ISLAND in agreement 33 with all other municipalities in this area participating in the FY15 Shared Fisheries 34 Business Tax Program. 35 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 36 ISLAND BOROUGH that by this resolution certifies that the following alternative allocation 37 method fairly represents the distribution of significant effects during 2013 of fisheries 38 business activity in FMA 13: KODIAK ISLAND 39 All municipalities share equally 50%of allocation; all municipalities share remaining 50% 40 on a per capita basis. Kodiak Island Borough,Alaska Resolution Na FY2015-18 Page 1 of 2 Resolution No. FY2015-18 Adopting an Alternative Allocation ... Page 52 of 72 AGENDA ITEM #13.8.2. 41 The Kodiak Island Borough population is reduced by the population of the Cities of 42 Akhiok, Kodiak, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS DAY OF FEBRUARY 2015 45 46 KODIAK ISLAND BOROUGH 47 48 49 50 ATTEST: Jerrol Friend, Borough Mayor 51 52 53 54 Nova M.Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No, FY2015-18 Page 2 of 2 Resolution No. FY2015-18 Adopting an Alternative Allocation ... Page 53 of 72 AGENDA ITEM #13.6.3. KODIAK ISLAND BOROUGH 7/, r, , AGENDA STATEMENT °file;:CFEBRUARY 19, 2015 : n ASSEMBLY REGULAR MEETING :6,%- TITLE: Resolution No. FY2015-19 Adopting A Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2016. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This resolution designates the Borough's federal legislative funding priorities for federal fiscal year 2016. The Borough forwards this list to our congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects and support the programs that have been identified as priorities in our community. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-19 Kodiak Island Borough Resolution No. FY2015-19 Adopting A Federal Capital Improvem... Page 54 of 72 AGENDA ITEM #13.B.3. Introduced by: Manager Cassidy 2 Requested by: Borough Assembly 3 Drafted by: Special Projects Support Introduced on: 02/19/2015 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO.FY2015-19 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY • 10 ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM AND II IDENTIFYING FEDERAL PROGRAM PRIORITIES FOR FEDERAL 12 FISCAL YEAR 2016 13 14 WHEREAS, a capital improvement program has been adopted by the Kodiak Island 15 Borough Assembly that identifies the needs of the community over the next five years;and 16 17 WHEREAS, the Kodiak Island Borough has identified a capital improvement project list IS to submit to the Alaska Congressional Delegation for funding consideration;and 19 211 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak 21 Island Borough on which federal programs should be considered priorities for rural Alaskan 22 communities and their residents. 23 24 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that: 26 27 Section 1: The Kodiak Island Borough's federal capital improvement project priorities for 28 federal fiscal year 2016 are as follows: 29 30 1. Kodiak Landfill Wastewater Treatment Plant 31 Total Estimated Cost of the Project: $16,000,000 32 Funding Sources: local and state $14,175,000 33 Federal Funding Request: $1,825,000 34 35 The Kodiak Island Borough's landfill is near the limits of its permitted capacity. To 36 address this problem a lateral expansion project constructing new cells adjacent 37 to the existing landfill is underway. Current Alaska Department of Environmental 38 Conservation regulations implementing the federal Clean Water Act require the 39 new cells to be fully lined to capture all leachate or fluids produced by the waste. 40 The captured leachate will be processed in a newly constructed wastewater 41 treatment plant on-site. This treatment represents an unfunded federal mandate. 42 Federal assistance to communities to comply with this federal mandate has been 43 available in the past through EPA's State and Tribal Assistance Grant Program 44 (the "STAG" Program). The Kodiak Island Borough is seeking the Alaska 45 Delegation's assistance for including a pot of money in the FY '16 Interior 46 appropriations bill to be used for a competitive grant program in rural areas to 47 provide a federal match with state and local funding which is being used to 48 comply with EPA's unfunded environmental mandates. 49 Kodiak Island Borough,Alaska Resolution No. FY2015-19 Page 1 of 5 Resolution No. FY2015-19 Adopting A Federal Capital lmprovem... Page 55 of 72 AGENDA ITEM #13.8.3. 50 51 Section 2: The Kodiak Island Borough's views and recommendations on priority federal 52 programs are as follows: 53 54 1. Payment-In-Lieu-of-Taxes: There are over 2.8 million acres removed by the 55 Federal Government from taxation within the boundaries of the Kodiak Island 56 Borough. This is land that would otherwise be available to the private sector to 57 develop, creating jobs for the residents of Kodiak and the rural Kodiak Island 58 communities. This in turn would create tax revenues for the Kodiak Island 59 Borough. PILT was enacted by Congress to help offset the loss of revenues to 60 municipal entities caused by federal land withdrawals within local government 61 boundaries. The KIB uses these funds to provide basic social services, including 62 medical facilities, emergency fire and rescue services, roads, and schools. The 63 Kodiak Island Borough is seeking the Delegation's assistance in reauthorizing the 64 program for three to five years. 65 66 2. Refuge Revenue Sharing:The National Wildlife Refuge Fund is a critical source of 67 replacement revenue to communities like ours that have the presence of a large 68 Federal wildlife refuge within their boundaries. That presence removes 69 substantial amounts of property from the local property tax base. The share we 70 receive from the Fund is based on a formula that partially compensates us for our 71 tax losses due to the existence of the Kodiak National Wildlife Refuge. The 72 Refuge is over 1.9 million acres in size and therefore has permanently removed 73 from private ownership, development and taxation over half the property on the 74 island. The Kodiak Island Borough is seeking the Alaska Delegation's assistance 75 in providing level funding for this program. 76 77 3. Karluk Lake Enrichment Project: The Karluk Lake system on the west side of 78 Kodiak Island is the largest producer of sockeye salmon in the Kodiak area and 79 supports a large portion of the area's commercial and subsistence sockeye 80 fisheries. Since 2007, returns of adult sockeye to the Karluk system have been 81 extremely poor, most likely due to over escapement of spawning adults in earlier 82 years. Continuing low returns will not only deprive local fisheries, low spawning 83 escapements will also reduce the supply of marine derived nutrients to the lake 84 system. Thus, the system may remain in a low state of productivity indefinitely 85 into the future. 86 In order to bring the Karluk Lake ecosystem back to its earlier, higher level of 87 production, the Kodiak Regional Aquaculture Association (KRAA) proposes to 88 apply nutrients over the course of up to five years. This lake enrichment project 89 follows established protocols for rehabilitating sockeye salmon rearing 90 environments. However, because Karluk Lake is within the Kodiak National 91 Wildlife Refuge and a pre-statehood withdrawal, it appears that approval is 92 required from the U.S. Fish and Wildlife Service. 93 The USFWS has issued a draft environmental assessment of KRAA's proposal 94 and has invited public comment. The Borough appreciates the Alaska 95 Delegation's timely comments for the record in support of moving forward with the 96 KRAA proposal. It is the Borough's intent to work with the USFWS and the 97 Delegation in the coming months to advocate for approval of the KRAA proposal. 98 99 4. Groundfish Surveys: The North Pacific Fishery Management Council has raised 100 concerns with the National Oceanic and Atmospheric Administration about what Kodiak Island Borough,Alaska Resolution No.FY2015-19 Page 2 of 5 Resolution No. FY2015-19 Adopting A Federal Capital Improvem... Page 56 of 72 AGENDA ITEM #13.B.3. 101 appears to be a reduction in the number,the spatial extent and the consistency of 102 the winter and summer groundfish surveys occurring in the Gulf of Alaska. The 103 diminution in these surveys will eventually negatively affect Kodiak fishermen and 104 processors should the North Pacific Fisheries Management Council add 105 additional precautionary buffers to what already exists in the establishment of 106 annual groundfish quotas due to insufficient stock assessment data. A reduction 107 in federal groundfish quotas for pollock, cod, and rockfish would result in lost Io8 economic opportunities for Kodiak residents and lower raw fish tax receipts over 109 time. The President's Budget request for Fiscal Year 2016 recommends 110 $24,503,000 for the Surveys & Monitoring line item of the National Marine 111 Fisheries Service budget, and increase of$503,000 over the 2015 funded level. 112 The Kodiak Island Borough recommends that the Alaska Delegation support this 113 line item at the proposed funding level 114 115 5. Federal Subsistence Management And Rural Determination: The Borough is 116 concerned that the review being conducted by the Departments of Interior and I17 Agriculture could result in a change in the definition of rural communities that I IA would eliminate the ability of Borough residents to harvest fish and game on a I19 subsistence basis. The Borough opposes use of a population threshold in 120 making rural determination decisions that would overlook Kodiak's remote 121 location; transportation access limitations; distance and difficulty accessing 122 commercial food stores, particularly in inclement weather; and the long-standing 123 reliance of many of the community's residents on subsistence harvest to feed 124 themselves and their families, among other factors. We request that the Alaska 125 Delegation closely monitor the subsistence management review and at the 126 appropriate time convey these concerns directly to the Departments. 127 128 6. Federal Fisheries Observer Program Funding: While the Kodiak Island Borough 129 recognizes the value of the real time data gathered by human observers placed 130 on local fleet vessels, the cost of the program to vessel owners is excessive. In 131 addition to cost, space and safety become complicating factors when human 132 observers are required to travel and work on the smaller vessels in Kodiak's fleet, 133 especially those less than 30 feet in length. The National Marine Fisheries 134 Service and the Regional Fishery Management Councils are exploring the 135 feasibility of using electronic monitoring technology to complement and, in some 136 cases, replace human observers. The Fiscal Year 2016 President's Budget 137 request adds an additional $5,596,000 to the NMFS budget for electronic 138 monitoring activities. The Kodiak Borough supports this funding proposal, and 139 requests that the Alaska Delegation advocate for a fair share of these funds to be 140 used in the North Pacific to explore the feasibility of using cameras to monitor 141 fisheries in lieu of human observers. 142 143 7. EPA's "Waters of the U.S." Rule: The Environmental Protection Agency and the 144 U.S.Army Corps of Engineers are moving forward with a proposed "Waters of the 145 United States" rule that would expand Federal permitting and other requirements 146 to many waters currently regulated by State and Local governments. The Kodiak Island Borough,Alaska Resolution No, FY2015-19 Page 3 of 5 Resolution No. FY2015-19 Adopting A Federal Capital Improvem... Page 57 of 72 AGENDA ITEM #13.8.3. 147 proposed rule would also apply to private landowners. The key change being 148 proposed would expand Clean Water Act coverage to"other waters"where there 149 is a "significant nexus" to currently covered interstate waters, territorial seas and 150 navigable waterways. That determination is meant to be "case-specific" but has 151 not been fully defined and the concern is that "significant nexus" could be 152 interpreted to include floodplains, certain man-made waterways and ditches, self- 153 contained water bodies such as ponds or temporary/isolated wetlands. Under 154 this model, Alaska's extensive acreage of wetlands would likely mean that 155 wetlands and other water bodies, including small streams and tributaries, that are 156 seemingly isolated and geographically far removed from any current CWA- 157 covered waterway would fall under the new definition. The Kodiak Island 158 Borough feels that the proposed rule would add extra layers of bureaucracy to the 159 efforts of Kodiak citizens to use their land and for the Borough to engage in future 160 public works projects. The Borough is requesting that the Alaska Delegation 161 support legislative initiatives to curtail this proposed rule. 162 163 8. EPA's Fishing Vessel Discharge Rule:EPA has promulgated two rules to require 164 commercial fishermen to obtain Clean Water Act incidental discharge permits as 16s a condition for operating both small and large fishing vessels. The permits would 166 cover ballast water, fish hold water, anchor chain mud, deck wash/runoff, bilge 167 pump discharge, gray or "stick" water, laundry, shower, and galley sink water. 168 The permits require burdensome reporting, monitoring, inspections and 169 compliance activities — all subject to heavy fines and citizen lawsuits under the 170 Clean Water Act for what seems to be minimal environmental protection. The 171 Congress has imposed a three year moratorium preventing EPA from 172 implementing the Small Vessel General Permit Rule and the Vessel General 173 Permit Rule. Efforts are underway within the Congress to make the moratorium 174 permanent. The Kodiak Island Borough is requesting that the Alaska Delegation 175 actively support a permanent moratorium. 176 177 9. Homeporting Coast Guard Vessels: The final Omnibus Appropriation bill for 178 Fiscal Year 2015 provided $632 million to build a National Security Cutter("NSC") 179 and $110 million to build two Fast Response Cutters ("FRC"). The Fiscal Year 180 2016 President's Budget Request calls for an additional $340 million to build six 181 FRCs and acquisition funding to begin the Offshore Patrol Cutter ("OPC") 182 program. The Kodiak Island Borough would like to emphasize that Kodiak 183 remains the ideal location for the deployment of NRCs and OPCs, and the 184 clustering of FRCs. Kodiak sits at the crossroads of one of the largest fisheries in 185 the world as well as some of the busiest shipping lanes in U.S. waters. Kodiak 186 offers unmatched geographic advantage for timely mission response and 187 deployment to the myriad of marine incidents in the Alaska area of operation. 188 The Borough recognizes that Kodiak Island also presents unique mission support 189 challenges such as a constraint on housing and mooring facilities. The Borough 190 stands ready to work with the Coast Guard in whatever way possible to keep this 191 location ideal for capital asset placement. The Borough supports the President's 192 Budget Request for Coast Guard vessel construction. We request that the Kodiak Island Borough,Alaska Resolution No.FY2015-19 Page 4 of 5 Resolution No. FY2015-19 Adopting A Federal Capital Improvem... Page 58 of 72 AGENDA ITEM #13.8.3. 193 Delegation actively monitor the Coast Guard's planning process for future 194 deployment of new assets in the Arctic and promote Kodiak as a homeport for 195 these new vessel classes. 196 197 10.Marine Ferries: The Congress is considering the reauthorization of the 198 Federal Highway Trust Fund in the 114th Congress. The Alaska Marine Highway 199 System is a critical element of the interstate movement of passengers and cargo 200 to the coastal communities and coastal villages in the Gulf of Alaska. The 201 TUSTUMENA has less than ten years left on its useful life and is in need of 202 replacement. Marine ferries have a separate sub-account funded as part of the 203 Federal Highway Trust Fund. As the Congress moves forward with its 204 deliberations on reauthorization of the Fund, the Kodiak Island Borough is 205 requesting that the Alaska Delegation make the Marine Ferry sub-account a high 206 priority for increased funding. 207 208 BE IT FURTHER RESOLVED that the Kodiak Island Borough administration is hereby 209 instructed to advise Congress and the appropriate agencies of the United States Federal 210 Government of the Capital Improvement Program and priorities adopted by the Kodiak 211 Island Borough Assembly. 212 213 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 214 THIS DAY OF 2015 215 216 KODIAK ISLAND BOROUGH 217 218 219 220 ATTEST: Jerrol Friend, Borough Mayor 221 222 223 224 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Resolution No. FY2015-19 Page 5 of 5 Resolution No. FY2015-19 Adopting A Federal Capital Improvem... Page 59 of 72 AGENDA ITEM #13.0.1. KODIAK ISLAND BOROUGH 4, AGENDA STATEMENT tFEBRUARY 19, 2015 ASSEMBLY REGULAR MEETING TITLE: 'Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Marnie Leist). ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There are currently four at-large vacant seats on the Parks and Recreation Committee; one seat expires December 31, 2016 and three seats expire December 31, 2017. On January 26, the Clerk's Office received one application from Ms. Marnie Leist indicating her desire to be appointed to one of the vacant seats on the board. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Ms. Marnie Leist to the Parks and Recreation Committee for a term to expire December 31, 2017. Kodiak Island Borough *Confirmation of the Mayoral Appointment to the Parks and Re... Page 60 of 72 AGENDA ITEM #13.0.1. Angela MacKenzie Subject FW:Online Form Submittal:Board Application Form From:noreply@civicplus.com Sent:Monday,January 26,2015 4:06:17 PM(UTC-09:00)Alaska To:Clerks Subject:Online Form Submittal:Board Application Form The following form was submitted via your website:Board Application Form Select the Board,Commission,or Committee applying for:Parks and Recreation Committee Designated seat or group representation(if applicable):: Full Name:Mamie Leist Residence Address:214 East Rezanof B Mailing Address'.214 East Rezanof B Email Address(This address will 6e used for correspondence):luckyandmarnie@yahoo.com Home Phone Number(numeric only):9079425526 Work Number(numeric only):9074567004 Cell or Fax Number(numeric only):9079425526 Employer/Occupation:Alutiiq Museum Please provide ONE of the following:Date of Birth or Last 4 digits of SSW:5913 Length of residency in Kodiak:10 years Registered to vote in Kodiak?:Yes Length of Residence in Service Area: Are you currently serving on other Boards,Commissions,or Committees?:No If yes,which: Organizations you belong to or participate in:Kodiak Maritime Museum Kodiak Humane Society Explain your main reason for applying:I often utilize KIB land for recreational uses,including berry picking and hiking.As KIB land is developed in the future,I hope to ensure that parks and public uses are available close to town for future generations. I was often informed that the committee has not been able to hold meetings due to lack of quorum. 'Confirmation of the Mayoral Appointment to the Parks and Re... Page 61 of 72 AGENDA ITEM #13.D.1. What background,experience,or expertise will you bring to the board/committee/commission membership?:I have served on several Boards and Committees in the past and have demonstrated successful outcomes.For example,as a volunteer Board member for Kodiak Maritime Museum I help organize the Harbor Lights Festival.I also served on the City of Kodiak Downtown Revitalization Committee.Our recommendations have helped the City Council in future planning. Are you available for regular meetings?:Yes FOR CLERKS OFFICE STAFF ONLY: Registered Voter of the Borough: V N Applicant's Residence:Borough City • Date of Appointment: Term Expires On: Appointment Letter: Roster: Oath of Office: APOC POFD Statement:N/A Attached On File Additional Information: Form submitted on:1/26/2015 4:06:17 PM Submitted from IP Address:65.74.80.21 Referrer Page:http://www.kodiakak.us/index.aspx?nid=278 Form Address:http://www.kodiakak.us/Forms.aspx?FID=72 z *Confirmation of the Mayoral Appointment to the Parks and Re... Page 62 of 72 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH - ♦ a r vim"^• _ I.., .. era "9, i RECREATION AND COMMITTEE m. NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Helm Johnson 2015 539-5014 539-5014 539-5014 helm@rideakimbo.com PO Box 261 Kodiak,AK 99615 Patrick Saltonstall (Vice Chair) 2015 486-2634 486-7004 pgsalton@qci.net PO Box 1909 patrick@alutiigmuseum.orq Kodiak,AK 99615 Sharon Wolkoff 2015 539-2292 486-9824 539-2292 sharonwolKoff@hotmail.com PO Box 2607 Kodiak,AK 99615 Vacant 2016 Vacant 2017 Vacant 2017 Vacant 2017 NON-VOTING EX-OFFICIOS Assembly Representative Aaron Griffin 539-1040 aaron.griffin@kibassembly.orq PO Box 8836 Kodiak,AK 99615 State Representative Vacant City Parks&Rec.Representative Corey Gronn 486-8670 654-7559 cgronn(g@city.kodiak.ak.us 315 Maple Ave. Kodiak,AK 99615 School District Representative Ron Bryant 539-1482 rbryant01@kibsd.orq 722 Mill Bay Road Kodiak,AK 99615 Roster continued on the next page.... Revision Date:1/12/2015 Revised by:am *Confirmation of the Mayoral Appointment to the Parks and Re... Page 63 of 72 AGENDA ITEM #13.0.1. KODIAK ISLAND BOROUGH An 4: PARKS AND RECREATION COMMITTEE n. . — NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Planning and Zoning Commission Representative alan.schmitt( kibplanninq.orq Alan Schmitt 466-5314 942-0404 3295 Woody Way Loop Kodiak,AK 99615 Vacant,Alternate This committee is governed by Kodiak Island Borough Code 2.120 STAFF L #a 1.M " - iain ifraoi;air COD DIRECTOR,BOB PEDERSON 486-9363 b tl ek dipkak.us CODE ENFORCEMENT OFFICER,NEIL HORN 486-9364 nhorn(Akodiakak.us COD SECRETARY,SHEILA SMITH, 486-9363sni'Nrwlcodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 205 KODIAK,AK 99615 Revision Date:1/12/2015 Revised by:am *Confirmation of the Mayoral Appointment to the Parks and Re... Page 64 of 72 AGENDA ITEM #18.A.1. FIRE PROTECTION DISTRICT NO.1 BOARD SPECIAL MEETING JANUARY 6,2015 6:05 p.m. BAYSIDE FIRE HALL I.CALL TO ORDER CHAIR NELSON called the regular meeting to order at 6:02 PM 2. ROLL CALL Board Members present were Richard Carstens, Chair Rebecca Nelson, Scott Arndt, and Jim Pickett. Also present were Borough Manager Bud Cassidy, Borough HR Officer Lauri Whiddon, Borough Clerk Nova Javier, Borough Information Technology Paul Van Dyke,Jason Waggoner, Raters-Jeff Halcomb, Mike Dolph, Doug Mathers, Firefighter Troy Brevik and Secretary Jenny Clay. Board member Kiela Pickett was absent. 3.ACCEPTANCE/APPROVAL OF AGENDA ARNDT moved to accept and approve the agenda for January 6,2015. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT CARSTENS moved to acknowledge receipt of the Financial Report. Arndt reported to the board his concerns with several items in the Financial Report. Chair Nelson stated that she was aware of the concerns and was working with staff to obtain more information. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES ARNDT moved to approve the minutes of December 9, 2014 and December 30,2014. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. 6.CHIEF REPORT Acting Chief Doug Mathers reported Bayside Fire Deparment had a call Sunday night in which several volunteers responded and all went well. There was a drill Monday night which included medical training, fixed chains for the engines and testing of Scott Packs. He would be installing the dishwasher and doing some computer work. He was still waiting on keys to get in the apartment so that he could do some repairs. 7.CHAIR REPORT Fire Protection Area Nu. I Board Regular Meeting January 6,2015 Page 1 of4 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 65 of 72 AGENDA ITEM #18.A.1. Chair Nelson was working on the budget for next year. She planned on addressing the Financial Report concerns expressed by Arndt. She would be meeting with Bob Tucker the Engineering and Facility Director for the Borough on the windows and the plan for the Bayside Fire apartment. S.STAFF REPORT None 9. VISITOR COMMENTS Bud Cassidy the Borough Manager introduced staff that was present to the hoard. Troy Brevik wanted to thank all who helped with Chief Himes Retirement gathering. It was well attended with 47 people. 10.ACTION ITEMS A.Chief Hiring Process Jim Pickett asked to be excused from this item in the meeting due to conflict of interest. Chair Nelson accepted. Chair Nelson introduced Lauri Whiddon who eplained the hiring process to the Board and the other Raters. Board discussion ensued. Board formed additional questions to be sent to all applicants. CARSTENS moved to proceed with the four questions as written. ROLL CALL VOTE ON MOTION CARRIED 3 TO 0. CARSTENS moved to request that the four questions be sent to all applicants and the response to be no more than 2 total pages and received back by January 15, 2015 by the close of business Alaska Standard Time. ROLL CALL VOTE ON MOTION CARRIED 3 TO O. Chair Nelson excused the Rating team and Jim Pickett was introduced back into the meeting. B.Acting Chief Stipend Arndt requested from the Board that the Acting Chief's stipend be $2,500 per month and then would go to the assembly for approval. There are no benefits other than the stipend. Time spent by Doug Mathers Acting Chief would be about 10-15 hours per week. Board discussion ensued. ARNDT moved to approve the acting Chief be paid a$2,500 per month stipend. Carstens asked that the effective date be included back to January I,2015. Fire Protection Area No. I Board Regular Meeting January 6,2015 Page 2 of 4 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 66 of 72 AGENDA ITEM #18.A.1. ARNDT moved to amend the motion to show the effective date as January 1,2015. ROLL CALL VOTE ON AMENDED MOTION CARRIED 4 TO O. ROLL CALL VOTE ON MAIN MOTION CARRIED 4 TO 0. 11.VISITOR COMMENTS Jason Waggoner mentioned that you only need an executive session if what you are going to say could defame or prejudice the reputation of the person. If you are just talking about a person's background you do not need an executive session. Paul Van Dyke thanked Chair Nelson for allowing him to speak during the hiring process. He suggested the board take a hard look and start cutting candidates. The fewer people you have to talk about in or out of executive session the better. lie liked what Mr. Carstens had to say about the candidates and their response or lack of in the questions. Their interest in the position of Chief will show. It was a good decision to add the additional questions. Now the Board needs to push forward expeditiously. Bud Cassidy was impressed by the dedication and passion of the board. Liked what Mr. Carstens said about finding a candidate with passion. He thinks the board is doing a good job. Laurie Whiddon wanted to thank the board for participating in the process to make it successful. She felt good about the all the input that was given today. She was here to help in any way to move forward with the process. Doug Mathers thanked the board for their support and would do his best. He would request assistance once he was familiar with processes. He was in support of the executive session so that he could speak freely. 12.BOARD COMMENTS 1. Pickett—Would like to have an agenda item added to the next meeting. S. Arndt—None R.Carstens—None Chair Nelson-The Board came up with a plan for the next step of the hiring process and continuity has been maintained. We continue to move forward as a team. 13. NEXT MEETING SCHEDULE The next two meetings were scheduled for January 20, 2015 and January 27,2015. Fire Protection Area No. I Board Regular Meeting January 6,2015 Page 3 of 4 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 67 of 72 AGENDA ITEM #18.A.1. 14.ADJOURNMENT The meeting was adjourned at 8:20 p.m. SUBMITTED BY: ,lA//�!' !� Date: / o20(ie01 Jr Je ny Clay, oard Sec tary KIB Engineering/Facilities Department APPROVED BY: j 6)Jan / / Date: 1 I2c( Is Chair Rebecca Nets Fire Protection Area No. 1 Board Regular Meeting January 6.2015 Page 4 or4 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 68 of 72 AGENDA ITEM #18.A.1. FIRE PROTECTION DISTRICT NO.1 BOARE REGULAR MEETING RECEIVED JANUARY 20,2015 6:05 p.m. BAYSIDE FIRE HALL JAN 2 9 205 1.CALL TO ORDER BOROUGH CLERK'S OFFICE KODIAK,ALASKA CHAIR NELSON called the regular meeting to order at 6:07 PM 2. ROLL CALL Board Members present were Richard Carstens, Chair Rebecca Nelson, Jim Pickett and Kiela Picket (via teleconference). Also present were Acting Chief Doug Mathers, Borough IT Supervisor Paul Van Dyke,Jason Waggoner,and Secretary Jenny Clay. Board member Scott Arndt was absent. 3.ACCEPTANCE/APPROVAL OF AGENDA J.PICKETT moved to accept and approve the agenda for January 20,2015. Chair Nelson postponed Item B. Chief Hiring Process on the agenda until the January 27, 2015 meeting as board member Arndt was absent and the Pickett's were excused due to conflict of interest.There would be no quorum. J. PICKET('amended Motion to accept and approve agenda with the exception of Item B. Chief Hiring Process to be postponed until January 27,2015 meeting. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. VOICE VOTE ON ORIGINAL MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT CARSTENS moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES J. PICKETT moved to approve the minutes of January 6,2015. Chief Mather pointed out the misspelling of Scott Pack. Chair Nelson directed Secretary J. Clay to correct. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. 6.CHIEF REPORT Acting Chief Mathers reported Bayside Fire Department had five (5) calls since Chief Nimes retired. He conducted a two-hour training session with volunteers on building construction. Fire Prosection Arca No. I Board Regular Meeting January 20,2015 Page I of 3 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 69 of 72 AGENDA ITEM #18.A.1. 7. CHAIR REPORT Chair Nelson was working on the budget for FY2016. She would present it at the January 27th meeting. She was working on the Respiratory Protection Program and looking into ordering batteries for handheld radios. Acting Chief Mathers'stated that KARES expressed interest in caring for the batteries at the station. With their expertise they would keep them functioning. He also reported that all Scott Packs were updated. Board discussion ensued. 8.STAFF REPORT None 9.VISITOR COMMENTS Paul VanDyke restated concerns from the last meeting on the Financial Report Expenditures and percentages category that was used half way through the year. Chair Nelson was waiting on inventory and detailed reports from Borough Finance Department so she could respond regarding the Financial Report. Carstens stated the insurance line item was paid only once per year not monthly. Jason Waggoner wanted to talk about the animal policy the board was to discuss in Line Item A. He stated it was quality of life to be able to bring your dog to the station. There have been problem dogs in the past but would like the board to consider the dogs on a case by case basis. 10.ACTION ITEMS A.Review of Animal Policy Chair Nelson read the Kodiak Island Borough code 6.04.100 Control of Animals aloud to the board. Board discussion ensued on A. and B. of the code which focuses on controlling your animal and the impoundment of the animal. Chair Nelson supported having dogs in the station and suggested a bed for the dogs to stay on during their time in station. She also suggested dogs be cleaned in the utility sink only and also should be under voice or leash control at all times. Acting Chief Mathers offered to discuss matter with volunteers at the next Monday night drill. CARSTENS moved that the Acting Chief Mathers review the animal policy with entire Fire Department and the KASAR group next Monday night. VOICE VOTE ON MOTION CARRED UNANIMOUSLY. 11.VISITOR COMMENTS Jason Waggoner thanked the board for their consideration allowing animals at the Fire Station. He commented that because of the mistake of one dog,all dogs should not be punished. Fire Protection Area No. 1 Board Regular Meeting January 20.2015 Page 2 of 3 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 70 of 72 AGENDA ITEM #18.A.1. 12.BOARD COMMENTS R. Carstens—He questioned who must attend the meetings during the Chief Hiring Process. The Raters may be absent but the board must have a quorum of three (3) members. He was disappointed that they were unable to discuss the Chief Hiring Process as he canceled a vacation to be there. In the future board members should make every possible effort to be there or phone in. K. Pickett—None J. Pickett — Appreciated everyone who had helped clean the station. He also appreciated that Acting Chief Mathers attended all calls no matter what the hour. He had 100 smoke alarms from First Alert. He worked with American Red Cross from Wasilla and would have a smoke alarm give a way in March 2015 including the installation. He hoped to get CO2 detectors. Chair Nelson- Both she and J. Pickett would meet regarding the Safe Kids Child Safety Restraint Program.This was funded through donations to inspect and install car seats. 13.NEXT MEETING SCHEDULE The next meeting was scheduled for January 27,2015. 14.ADJOURNMENT The meeting was adjourned at 6:45 p.m. SUBMITTED BY: o &dtr Date: /24//3 Jenh y Clay, Board Secretary KIB Engineering/Facilities Department ROVED BY: We. 41101 Date: //22l/ S Chair :•+E a Nelson Fire Prosection Area No. I Board Regular Meeting January 20,2015 Page 3 of 3 Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 71 of 72 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD ORIGINAL REGULAR MEETING Date:January 6,2015 Call to order:07:08 pm Members Present:George Lee,Dave Heuman,John Isadore, Dave Conrad,Greg Egle, Jessica Home. Excused: Bill Ecret. Also present: Kevin Arndt-Contractor Contractor comments: Drive around conducted with Board Chair G. Lee last week. Unfinished Business. F.D: Emergency shelter construction to begin mid March weather permitting. FD discussing reutilization of generator being removed from the Karluk school. Need to verify size,condition,repair costs. It may be possible to reutilize this generator for minimal cost to the overall project. Road SVC: FEMA: Letter has awarded funds for the root-wad revetment project. Further discussion to follow w/KIB ENG/FAC/Army COE. Lake Orbin fish culvert—ADF&G has habitat funding,permitting in progress. New Business FD: Turnout gear replacement pending(coats and pants)to be phased in over several years. Road Service: Lively discussion re: road grading quality control.Overarching concern from board due to previous mill rate raise and additional gravel put on roads to build up base,only to be graded off to the side and 'wasted' by new grader operator.QC by Contractor to mitigate this issue. Next meeting is on Feb 3,2015. Adjourned at 8:30pm. CHAIRPERSON WITNE S Regular Meeting Minutes of Fire Protection Area No. 1 Board,... Page 72 of 72 Kodiak Island Borough Assembly Regular Meeting Guidelines February 19, 2015, 7:30 p.m., Borough Conference Room PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Michael Bates of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly member who may be absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: • *Regular Meeting Minutes of January 8 and January 22, 2015 and Special Meeting Minutes of January 29, 2015. • *Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Marnie Leist). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of January 8 and January 22, 2015 and Special Meeting Minutes of January 29, 2015. Kodiak Island Borough Assembly Guidelines February 19, 2015 Page 1 6. AWARDS AND PRESENTATIONS A. Employee of the Year Award — Manager Cassidy • Dave Conrad, Construction Manager in the Engineering and Facilities department. B. National Teen Dating Violence Awareness and Prevention Month — Mayor Friend • Accepting: Sandra Wilkins, Kodiak Womens Resource and Crisis Center C. Kodiak Seafood and Marine Science Center Presentation by Mr. Quentin Fong D. Finance Department Update to the Assembly — Manager Cassidy/Finance Director Short E. Review of the Comprehensive Annual Financial Report (CAFR) — Manager Cassidy/Finance Director Short 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Please ask speakers to: 1. sign in 2. state their name for the record 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2015-17 Supporting a Law in Alaska to Make All Workplaces 100% Smoke Free to Protect the Health and Safety of All Workers and Visitors From the Dangers of Secondhand Smoke. Recommended motion: Move to adopt Resolution No. FY2015-17. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 19, 2015 Page 2 2. Resolution No. FY2015-18 Adopting an Alternative Allocation Method for the FY15 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. Recommended motion: Move to adopt Resolution No. FY2015-18. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2015-19 Adopting A Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2016. Recommended motion: Move to adopt Resolution No. FY2015-19. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinance for Introduction — None. D. Other Items 1. *Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Marnie Leist). 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Continued on next page... Kodiak Island Borough Assembly Guidelines February 19, 2015 Page 3 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 19, 2015 Page 5 led: I-IP Recessed: Reconvened: BY: Uj.- BY: A BY: L l,,, ( BY: L 3ND: I SECOND: fc} I SECOND: /C L SECOND: .,t, SECOND: DR ritiVt---- P\ la,015--.11 Pi r0"151"g(71\ rt (9-011.1 01 clAci cP . ;ROS/ NO ® ® YES. NO, NO . ES Y ' •NO ' - - •YES Ms. Austerman I a Ms. Austerman, v . Ms. Austerman ( Ms. Austerman Mr. Griffin Mr. Griffin i Mr. Griffin . Mr. Griffin111=1 Mr. Griffin V Mr. LeDoux �1 Mr. LeDoux _ Mr. LeDoux MI Mr. LeDoux Mr. LeDoux 0 I. Ms. Lynch MI Ms. Lynch Ms. Lynch ( M Ms. Lynch i V Mr. Peterson ■ Mr. Peterson _ Mr. Peterson I Mr. Peterson MI Mr. Peterson V Mr..-Rohrer Mr. Rohrer f Mr. Rohrer Mr. RohrerI Mr. Rohrer 1 PI VMs. Skinner IIEMIIIMMIMIIIIIIIIII Ms. Skinner Ms. Skinner Ms. Skinner ^uANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT I TOTAL: TOTAL: ri n i TOTAL: elo TOTAL: --a where only six members of the assembly are present and there is a three/three tie vote of the ass, 1 Mayor Friend ) l i Mayor Friend ( i ( Mayor Friend ;d: Recessed:1J1 Reconvened: Pt • t J OR BY: DK.. BY: 0 BY: BY: ND: ,1/1--, SECOND: {j SECOND: SECOND: SECOND: ?jittegat W t \"\11.\#QJ Si \ - YESNO YES 'NO' -YES .NO .YES NO, . . YES. Ms. Austerman V Ms. Austerman V ( Ms. Austerman ✓ Ms. Austerman Ms. Austerman Mr. Griffin Mr. Griffin 7-1 Mr. Griffin Vi Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux y'° Mr. LeDoux '7� Mr. LeDoux Mr. LeDoux Y _ Ms. Lynch - i Ms. Lynch / Ms. Lynch . Ms. Lynch ! Ms. Lynch Mr. Peterson I Mr. Peterson i4,7– Mr. Peterson Y Mr. Peterson I Mr. Peterson I Mr. Rohrer Mr. Rohrer Mr. Rohrer t'' 7 Mr. Rohrer Mr. Rohrer "c Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner ^F VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VO –^TAL: 1 I 1 b I TOTAL: 1 rj () TOTAL: TOTAL: Univ six members of the assembly are present and there is a three/three tie vote of the as KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: fAnhRso /91 ZeES Please PRINT your name Please PRINT your name Karl _ch ,</-4 &ger' CirCrt hl vcc/fc Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk’s Office or on the Kodiak Island Borough’s website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, March 5, 2015, at 7:30 p.m. in the Borough Assembly Chambers. At its Regular Meeting of February 19, 2015, Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Employee of the Year Award for 2014 to Dave Conrad, Construction Manager in the Engineering/Facilities Department. PROCLAIMED the Month of February 2015 as National Teen Dating Violence Awareness and Prevention Month. RECEIVED a Presentation on the Kodiak Seafood and Marine Science Center From Seafood Marketing Specialist Quentin Fong. RECEIVED a Finance Department Update From Finance Director Short. REVIEWED the Comprehensive Annual Financial Report (CAFR) Presented by Manager Cassidy and Finance Director Short. ADOPTED Resolution No. FY2015-17 Supporting a Law in Alaska to Make All Workplaces 100% Smoke Free to Protect the Health and Safety of all Workers and Visitors From the Dangers of Secondhand Smoke. ADOPTED Resolution No. FY2015-18 Adopting an Alternative Allocation Method for the FY15 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activit y in FMA 13: Kodiak Island. ADOPTED Resolution No. FY2015-19 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2016. CONFIRMED the Mayoral Appointment of Ms. Marnie Leist to the Parks and Recreation Committee for a Term to Expire December 31, 2017. CONVENED Into Executive Session to Discuss Litigation, and Trial Strategy and Tactics Regarding Wren's Appeal From the Board of Adjustment, Markham's Appeals From the Board of Equalization, Red Hook Settlement (Contract Dispute), and Stephens vs. Brooking/Selby Litigation (APOC Complaint). Invited Into the Executive Session Were: Mayor Friend, Borough Assembly, Borough Manager, Borough Attorney via Teleconference, and Clerk’s Office Staff. Assessor Roberts Participated During Discussion on the Markham Appeal. Community Development Director Pederson Participated During Discussion on the Wren Appeal. No Action was Taken as a Result of the Executive Session. Direction was Given to the Borough Attorney Regarding the Stephens vs. Brooking/Selby Litigation (APOC Complaint). Vol. FY2015, No. 16 February 20, 2015 Kodiak Island Borough Assembly Newsletter