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2015-05-21 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 21 , 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 5 - 20 A. *Regular Meetings of April 2 and April 16, 2015; and Special Meetings of April 23 and April 30, 2015. April 2015 Meeting Minutes.pf 6. AWARDS AND PRESENTATIONS 21 - 27 A. Discover Kodiak Update to the Assembly - Chastity McCarthy Discover Kodiak eport to Assembly May 2015.pdf 28 - 123 B. FY2016 Budget Presentation - Finance Director Karl Short FY2016 Budget Presentation - Finance Director Short.pdf 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 124 - 126 A. Resolution No. FY2016-01 Establishing the Minimum Tax Levy 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 363 and the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016. Resolution No. Y2016-01 School District Funding - f 127 - 135 B. Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That Are Over Budget, Accept Grants, and Provide for Additional Expenditures. Ordinance No. Y2015-01 B FY1 5 Miyear Budqet Amendment - f 136 - 168 C. State of Alaska Alcoholic Beverage Control Board for a Liquor ,A License Transfer of Ownership and Restaurant Designation Permit for Island Hotels, LLC dba Chart Room #600. Liguor License Transfer - Chart Room #600 - Pdf KIB Director Responses - Liquor License #600 Chart Ro om.pf cult, Marva - Chart Room #600 PH Response.pd f 169 - 186 D. State of Alaska Alcohol Beverage Control Board Liquor License Transfer of Ownership for Island Hotels, LLC dba Kodiak Harbor Convention Center#3480. Liquor License Transfer - Kodiak Harbor Convention Center #3480 - Pdf KIB Director Responses - Liquor License #3480 Harbor Convention Center.pf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 187 - 197 A. Approval of Amendment B to Contract No. FY2013-14 To Extend the Borough Manager's Contract. orough Manager's Contract Amendment B - Pdf 198 - 234 B. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. Ordinance No. Y2015-10 Title 3 Amendments - Foreclosure - f 235 - 241 C. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. Ordinance Y2015-11 Title 3 Amendments - Boats - Pdf 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 363 13. NEW BUSINESS A. Contracts B. Resolutions 242 - 304 1. Resolution No. FY2015-22 Opposing Navy Training Exercises in the Gulf of Alaska in June 2015. GOA Navy Trair ing - Pdf Resolution No. FY2015-22 Opposing Navv Exercise - Corrected Copy.pf C. Ordinances for Introduction 305 - 313 1. Ordinance No. FY2016-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commending on the First Day of July 2015 and Ending on the Thirtieth Day of June 2016 (Fiscal Year 2016 Budget). Ordinance No. Y2016-01 FY16 Budg et - Pdf D. Other Items 314 - 333 1. Authorization for a letter to the North Pacific Fisheries Management Council Requesting an Emergency Rule. NPFMC Emergency Rule Letter - Pdf 05212015 NPFMC Emergency Rule Letter Versions 1, 2 3.pdf 334 - 352 2. Confirmation of Mayoral Appointments to the Joint Building Code Review Committee (Bill Barton and Scott Arndt). Jt. Buildinq Code Review Committee - Pdf 353 - 354 3. *Declaring a Seat on the Architectural/Engineering Review Board Vacant (Gregg Hacker). ARB Resimation and Roster - Pdf 355 - 357 4. *Declaring Seats on the Fire Protection Area No. 1 Board Vacant (Jim Pickett and Kiela Pickett). A No. 1 Resimations and Roster - Pdf 358 - 360 5. *Declaring a City Seat on the Planning and Zoning Commission Vacant (Patricia Olsen). ZC esignation - Patricia Olsen - 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 3 of 363 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 361 - 363 1. Womens Bay Service Area Board RM, April 7 and April 21, 2015. Meetinq Minutes of Other B oars.pf 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 4 of 363 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 2, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on April 2, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:39 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 LYNCH moved to approve the agenda and consent agenda. PETERSON moved to amend the agenda to add item no. 13.A.1 Approval of Change Order No. 42 Amending Contract No. FY2013-24 for the Kodiak High School Addition and Renovation P roj e ct. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, and Skinner. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, and LeDoux. APPROVAL OF MINUTES Regular meeting minutes of February 19 and March 5, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of April 2015 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in efforts to prevent child abuse, strengthening all communities in which we live. Mayor Friend proclaimed the month of April 2015 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness of sexual assault in Alaska so we may eliminate this heinous crime. Mayor Friend proclaimed April 2015 as the Month of the Military Child in Kodiak, encouraging all Kodiak residents to show appreciation, support, and understanding to the military children in the community. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 5 of 363 AGENDA ITEM #5.A. Mayor Friend proclaimed April 11 through April 18, 2015 Week of the Young Child, encouraging all citizens to work to make a good investment in early childhood in Kodiak, Alaska. Mayor Friend presented the student of the month award for March 2015 to Shaloni Hochmuth, a senior at Larsen Bay School. CITIZENS' COMMENTS Melvin Stephens spoke on the Borough Budget and Comprehensive Annual Financial Report (CAFR)and suggested amendments to the budget funds. Betty McTavish reported on the 2015 County Health Ranking. She also spoke on the future development of Borough land located across from the Kodiak Area Native Association facility, "KANA Field". Judy Kidder spoke on the CAFR and encouraged the Assembly to review Ordinance FY2008- 08. COMMITTEE REPORTS Assembly member Peterson spoke on the Economic Development Training held on April 1-2, and the recommendation of an advisory committee be established. PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Control Board for a New Liquor License Application for a Brewpub License for Olds River Inn (Licensee/Applicant: Circle B, LLC). LYNCH moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for a New Liquor License Application for a Brewpub License for Olds River Inn (Licensee/Applicant: Circle B LLC). The application was for a new brewpub liquor license at the Olds River Inn. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to four landowners. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Spoke on topics during the Legislative Reception held in Juneau on March 26 that included reducing the state budget, marijuana, fisheries, Tustemena replacement funding, paving and upgrading Otmeloi Way, and home porting a fast response Coast Guard Cutter vessel in Kodiak. • Expressed gratitude to Borough Lobbyist Mark Hickey and Tuck Bonney of Alaska Pacific Seafoods, for their diligent effort on preparations for the Legislative Reception. • He stated that OSHA had inspected the landfill and the Borough was penalized $2400. The issues for which the penalties had occurred had been addressed. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 2 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 6 of 363 AGENDA ITEM #5.A. • Met with Superintendent Stewart McDonald and discussed the budget and the upcoming joint work session on April 23. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced the Comfish event of April 2-4. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Approval of Change Order No. 42 Amending Contract No. FY2013-24 for the Kodiak High School Addition and Renovation Project. PETERSON moved to authorize the Manager to approve Change Order No. 42 amending Contract No. FY2013-24 with Watterson Construction Company for the Kodiak High School Addition and Renovation Project in the amount of$210,169. The scope of the Kodiak High Addition and Renovation project included demolition of half of the existing Learning Center building to allow for parking and traffic through the new main entrance. The building was constructed in 1968 and was known to have asbestos containing materials such as fireproofing and floor mastic. The abatement of the existing material was shown on the design documents and was included in the contract for Watterson Construction. However, during the abatement work it was discovered that the concrete block exterior walls contained vermiculite insulation, which was an asbestos contaminated material. The asbestos material was not shown on any prior or existing drawings or documentation, and there was no way to know it existed prior to starting demolition activities. Upon discovery of the vermiculite, Borough project management staff worked with Jensen Yorba Lott architects, EHS-Alaska Environmental Consulting, Watterson Construction, and its subcontractors to come up with a plan for abatement. Because of the qualities of the material and its location in the cells of the concrete block, removal and containment required a lot of hand work and was very time consuming. Watterson Construction had submitted a change order request in the amount of$210,169. Staff recommended approving the change order on a time and materials basis, not to exceed $210,169. In addition, the equipment on site for demolition of the building was currently sitting idle, and Watterson Construction had stated that once the change order was resolved and they were notified to proceed with abatement of the vermiculite, an additional change order request would be submitted for $2,053 per day that the demolition had been delayed. It was imperative that the change order was resolved to keep down the delay costs. The construction contingency for the project was currently $2,136,686. There were adequate contingency funds to pay for the work required for the unforeseen condition. SKINNER moved to amend the main motion by changing the amount from $210,169 to $192,100. ROLL CALL VOTE ON MOTION AS AMENDED FAILED THREE TO TWO: Rohrer, LeDoux, and Peterson (No); Skinner and Lynch (Ayes). Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 3 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 7 of 363 AGENDA ITEM #5.A. ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO ONE: LeDoux, Lynch, Peterson, and Rohrer(Ayes); Skinner(No). Resolutions None. Ordinances for Introduction None. Other Items 1. Assembly Authorization to Allow the Appointment of the Same Person Whose Confirmation Was Failed by the Assembly. LEDOUX moved to authorize the allowance of the appointment of the same person whose confirmation was previously failed by the Assembly. At its regular meeting of March 5, 2015, the Assembly was presented with the mayoral appointment of Mr. Greg Spalinger to the Planning and Zoning Commission. Confirmation of the mayoral appointment failed two to two. If the Assembly allowed the appointment of the same person whose confirmation was previously failed by the Assembly, action to confirm the mayoral appointment would follow. If the Assembly did not authorize the appointment of the previously failed confirmation, confirmation of the Mayoral appointment would not take place. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: LeDoux, Peterson, Rohrer, and Skinner(Ayes); Lynch (No). 2. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Greg Spalinger). LEDOUX moved to confirm the Mayoral appointment of Mr. Greg Spalinger to the Planning and Zoning Commission for a Borough seat with a term to expire December 31, 2017. There was one vacant Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2017. The Clerk's Office received applications from the following: Kyle Crow, February 5, 2015 Steven Neff, February 5, 2015 Greg Spalinger, February 11, 2015 Jasha Zbitnoff, February 20, 2015 Mayor Friend requested that the Assembly confirm his appointment of Mr. Greg Spalinger for the Borough seat with a term ending December 31, 2017. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Peterson, Rohrer, Skinner, and LeDoux(Ayes); Lynch (No) CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 8 of 363 AGENDA ITEM #5.A. EXECUTIVE SESSION 1. Borough Manager's Evaluation ROHRER moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. Mayor Friend invited the Assembly members and Manager to join in the executive session. After the vote, Mayor Friend recessed the regular meeting and convened the executive session at 8:48 p.m. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 9:16 p.m. and announced no action was taken as a result of the executive session. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch addressed Mr. Rolan Ruoss's comment during the Special Work Session of April 2 and assured the competency and integrity of the Borough's Project Managers. She congratulated the Student of the Month Award recipient Shaloni Hochmuth. She also announced the next Kodiak Fisheries Work Group (KFWG)was scheduled on April 8 and a public roundtable forum was scheduled on May 12. The KFWG was soliciting for concerns and participation for the forum. Assembly member Lynch requested that a discussion on fireworks be placed on a work session agenda in the near future. She also commented on the Legislative Reception held in Juneau, March 26. Assembly member LeDoux spoke on residential construction costs. He requested an inquiry on obtaining road lighting between the City and the airport. And addressed concerns on the lack of pedestrian safety around the Coon Field area and suggested a pedestrian overpass. He spoke on his attendance at Comfish and commented on the valuable conversations he'd had. Assembly member Rohrer addressed Assembly member Lynch's inquiry on the fireworks discussion. He spoke on the Joint Building Code Review Board appointment process of filling seats and reestablishing. He also reported that Amy Fogle and Corey Gronn requested presentation time regarding the future use of the old swimming pool space. He also inquired about the fast response Coast Guard cutter vessels in Kodiak. Assembly member Skinner requested Clerk Javier send a compiled list of questions concerning the CAFR to the Assembly for future reference by Finance Director Short. She commented on the Comfish forum presenters Governor Mallott, Representative Stutes, Alaska Department of Fish and Game Commercial Fisheries Director Regnart, and Alaska Department of Fish and Game Director Cotten. She expressed gratitude to the community for attending the Assembly meetings and valued their comments. She announced the North Pacific Fisheries Management Council meetings being held on April 6-10 in Anchorage, Alaska. Announcements Mayor Friend announced the Assembly would hold a special work session on Thursday, April 9 at 6:30 p.m. in the Borough Conference Room to continue the review of the Comprehensive Annual Financial Report(CAFR). The special work session would be followed by a regular work session of the Assembly at 7:30 p.m. The next regular meeting was scheduled on Thursday, April 16 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 5 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 9 of 363 AGENDA ITEM #5.A. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, LeDoux, Lynch, and Peterson. The meeting was adjourned at 9:29 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 6 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 10 of 363 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 16, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on April 16, 2015, in the Assembly Chambers 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, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Borough Assessor Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. PETERSON moved to excuse Assembly member Griffin who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of March 19, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Cassidy presented the Employee of the Quarter Award for the first quarter of 2015 to Eddie Arellano, Maintenance Mechanic in the Engineering and Facilities Department. Manager Cassidy presented five-year longevity awards to Eddie Arellano, Maintenance Mechanic, Dave Conrad, Constructor Inspector/Engineer, and Martha Barnett, Interpretive Specialist/Receptionist in the Engineering and Facilities Department and presented ten-year longevity awards to Jessica Kilborn, Deputy Clerk in the Borough Clerk's Office and Sheila Smith, Secretary III in the Community Development Department. Engineering and Facilities Project Manager Matt Gandel provided an update and presentation on the Kodiak High School Addition and Renovation Project and change order process. CITIZENS' COMMENTS Paul VanDyke spoke on the issues with fireworks and provided options for consideration. Stephen Taufen spoke on fisheries issues and urged for the re-establishment of the Kodiak Fisheries Advisory Committee. Neal Cooper spoke to the fireworks issues, encouraged more presentations and accountability for borough funds, and spoke to school district funding. He also urged the Assembly to consider that the sports field near the Kodiak Area Native Association building be considered for Borough residents' recreational use. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1 of 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 11 of 363 AGENDA ITEM #5.A. Kyle Crow spoke to the need for restrictions on fireworks in residential or urban areas, but spoke against restrictions on beaches or rural areas. Mel Stephens spoke on Amendment B to Contract No. FY2013-14 regarding the extension of the Borough Manager's employment contract. Jonathan Strong, Senior Citizens of Kodiak representative, spoke to the benefits and needs of the Kodiak Area Transit System (KATS) in Kodiak. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Current Legislative Session in Juneau; • Gave an overview of the various projects that would be funded through the Capital budget; • Evergreen Timber and Transplant of Afognak Island owed money to the Borough, efforts to collect that money were underway; and • Interviews with Resource Management candidates would be conducted in the near future. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • Prince William Sound Regional Citizens Advisory Council; candidates were to be provided for recommendation for the Village Mayors seat at the annual meeting on May 6 in Valdez. Mayor Friend would write a letter of support or call a special meeting if there was more than one candidate submitted; and • He announced that the Kodiak Fisheries Advisory Council would be discussed at a the next Joint Work Session with the City Council. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2006-37A Amending Contract No. FY2006-37 Kodiak Island Borough Clerk Employment Agreement. LYNCH moved to approve Contract No. FY2006-37A amending Contract No. FY2006-37 Kodiak Island Borough Clerk Employment Agreement. A summary of the negotiation was reflected in the memo provided by Deputy Presiding Officer Dan Rohrer. The Kodiak Island Borough Assembly employed the services of the Borough Clerk on April 27, 2006. The Clerk was an at-will employee who served at the pleasure of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 2 of 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 12 of 363 AGENDA ITEM #5.A. With the recent completion and adoption of the Fox Lawson Study and during the 2014 Clerk's evaluation, it was agreed on by the Clerk and the Assembly to renegotiate the existing contract at a reduced rate of salary. A subcommittee of the Assembly composing of Assembly members Rohrer, Lynch, and Griffin was formed. The subcommittee and Clerk Javier met in negotiations on February 23, 2015. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Peterson, Rohrer, and Skinner. 2. Approval of Amendment B to Contract No. FY2013-14 To Extend the Borough Manager's Contract and Provide Direction to Staff To Begin Advertising and Proceed Forward in Searching for a New Borough Manager. PETERSON moved to approve Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016, and also to provide direction to staff to begin advertising for and proceed with the new Borough Manager hiring process. ROHRER moved that the motion be divided and to consider separately the motions of: • Approving Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016; and • Providing direction to staff to begin advertising for and proceed with the new Borough Manager hiring process. Clerk's Note: A unanimous voice vote was necessary to divide the question. If the voice vote failed, a roll call vote would be conducted. VOICE VOTE ON MOTION FAILED ONE TO FIVE: Austerman, LeDoux, Peterson, Rohrer, and Skinner(Ayes); Lynch (No). ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman (Ayes); Lynch (No). The Manager's three-year employment contract would expire on January 16, 2016. During his two year evaluation held on April 2, 2015, Manager Cassidy announced that he would not seek another three-year term and provided the Assembly with nine months' notice of his retirement. The Manager also communicated interest in a short term extension of his employment contract beyond the January 16, 2016 date, if needed, and in an effort to provide overlap and transition to the new incoming manager. Such an extension; however, would not exceed June 30, 2016. If an interest existed to extend the manager's contract beyond the January 16, 2016 date, it was proposed that the extension, at a minimum, would continue until April 30, 2016. Further extensions, if necessary, will be at the will of the Assembly and could continue on a month to month basis for the months of May and June 2016. Should the manager's contract be extended beyond the January 16, 2016 date, it would be done so with no increase in pay and an accumulation of sick and vacation leave in accordance with the borough personnel manual. With the departure of the Manager, it was important to begin advertising and the process for the new manager hiring. Mayor Friend announced that the motion to approve Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016 was before the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 3 of 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 13 of 363 AGENDA ITEM #5.A. LEDOUX moved to postpone Amendment B to Contract No. FY2013-14 to the regular Assembly meeting of May 21, 2015. ROLL CALL VOTE ON MOTION TO POSTPONE APPROVING AMENDMENT B TO CONTRACT NO. FY2013-14 CARRIED FOUR TO TWO: Peterson, Rohrer, Skinner, and LeDoux(Ayes); Austerman and Lynch (Noes). Mayor Friend announced that the motion to provide direction to staff to proceed forward in searching for a borough manager was before the Assembly. ROLL CALL VOTE ON MOTION TO DIRECT STAFF TO PROCEED WITH THE NEW BOROUGH MANAGER HIRING PROCESS CARRIED FIVE TO ONE: Peterson, Rohrer, Skinner, LeDoux, and Lynch (Ayes); Austerman (No). Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. ROHRER moved to adopt Ordinance No. FY2015-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance would align foreclosure sections of the Borough code, specifically 3.35.160 Foreclosures (renamed), with Alaska State Statues and repeal others, 3.35.170 Publication of the foreclosure list through 3.35.260 Deed to borough, in favor of the established State Statue processes. It would also clarify delivery requirements for tax payments. The proposed ordinance would also clarify the definition of"mobile home", and, when the mobile home resided on rented property, it would be assigned the identity of responsible parties for ownership updates to the Borough in order to facilitate tax collections. It also reaffirmed that delinquent taxes on mobile homes could be collected by a personal action suit against the owner. The ordinance would specify any Board of Equalization appeals were to be filed in the Third Judicial District, Kodiak, Alaska. The ordinance would also update any staff titles from Treasurer to Finance Director that were mentioned within Borough Code sections 3.35.010-3.35.160. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Austerman, LeDoux, Lynch, and Peterson. 2. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. LYNCH moved to adopt Ordinance No. FY2015-11 in first reading to advance to public hearing at the next regular meeting of the Assembly. Boats and vessels with an overall length longer than 20 feet, measured bow to stern and used for commercial purposes, were currently taxed at a rate of $1 per foot. One purpose of the tax Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 4 of 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 14 of 363 AGENDA ITEM #5.A. was to track vessels for future ad valorem taxation. In addition to the vessel personal property tax, the Borough collected both raw fish tax and severance tax from the fishing fleet. The tax rate of $1 per foot in tax did not provide enough funds to make the administration and maintenance of these personal property accounts cost effective for the Borough, therefore it was the Assessor's recommendation to remove section 3.40.070 Classification of boats and vessels from the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Austerman, LeDoux, Lynch, Peterson, and Rohrer. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly members Lynch and Rohrer congratulated longevity and employee of the quarter award recipients, and commended Mr. Gandel for the presentation. Assembly member Austerman spoke to the Assembly's actions regarding the Borough Manager contract extension. Assembly member LeDoux thanked the Engineering and Facilities staff for the hard work on the Kodiak High School Addition and Renovation project. He spoke on his visit to Fairbanks where he was able to tour their transfer station/site, described the site, and encouraged the Borough to look at a similar design for future transfer stations. He also visited the Borough Landfill and commended the staff for its hard work on the project. He attended the recent Kodiak Fisheries Work Group meeting and spoke to the topics brought forth at that meeting. He also spoke to several safety concern areas for community residents and children and requested that the item be added to the next joint work session agenda with the City Council. He addressed the retirement of Manager Cassidy. Assembly member Lynch thanked Mr. Strong for the update on KATS. Announcements The Assembly would hold a joint work session with the School Board on Thursday, April 23 at 6:30 p.m. in the School District Conference Room. The next Assembly work session would be held on Thursday, April 30 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 7 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Peterson, Rohrer, and Skinner. The meeting was adjourned at 9:25 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 5 of 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 15 of 363 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 6 of 4 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 16 of 363 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting April 23, 2015 A special meeting of the Kodiak Island Borough Assembly was held on April 23, 2015, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:37 p.m. Present were Mayor Friend, Assembly members Aaron Griffin, 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. ROHRER moved to excuse Assembly member Carol Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Confirmation of the Mayoral Recommendation to the Prince William Sound Regional Citizens'Advisory Council - Kodiak Village Mayors Association Seat. LEDOUX moved to confirm the Mayoral recommendations of Ms. Melissa Berns to the Prince William Sound Regional Citizens'Advisory Council Kodiak Village Mayor's Association seat and Mr. Mike Carlson to serve as the alternate for two-year terms to expire May 2017. The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) requested that the Borough Mayor provide a recommendation of a representative to the Kodiak Village Mayor's Association (KVMA) prior to the PWSRCAC's annual meeting of May 7, 2015. This individual could potentially have the opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. PWSRCAC requires the Kodiak Village Communities to have an active seat on the Council in order to participate. The current seat has lacked participation since May 2013 and PWSRCAC has advised the Borough Mayor that the KVMA seat is in jeopardy of being removed due to its inactivity. Solicitation went out to the rural communities and Rural Leadership Forum. Letters of interest were received from the following by the deadline of Friday, April 17, 2015: Melissa Berns and Mike Carlson. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. Kodiak Island Borough Assembly Minutes April 23, 2015 Page 1 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 17 of 363 AGENDA ITEM #5.A. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Griffin. The meeting was adjourned at 8:41 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes April 23, 2015 Page 2 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 18 of 363 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting April 30, 2015 A special meeting of the Kodiak Island Borough Assembly was held on April 30, 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. Present were Mayor Friend, Assembly members Carol Austerman, Larry LeDoux, Frank Peterson, Jr., Dan Rohrer, and Rebecca Skinner. Staff members present were Borough Manager Bud Cassidy and Borough Clerk Nova Javier. PETERSON moved to excuse Assembly members Carol Austerman and Aaron Griffin who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Note: Assembly members Griffin and Lynch arrived at 7:31 p.m. CITIZENS' COMMENTS Judi Kidder spoke on exploring changes to the landfill hours and the days that they are open. Patrick O'Donnell spoke on restoring the Kodiak Fisheries Advisory Committee. Betty MacTavish opposed the restriction of fireworks. Roberta Austring thanked the Assembly for its contributions to the Senior Citizens of Kodiak (SCOK). She also provided an update regarding the services SCOK provides to Kodiak. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Olga Sockeye Salmon Letter of Support for an Alaska Sea Grant. ROHRER moved to authorize the Mayor to sign the Olga Sockeye Salmon letter of support for an Alaska Sea Grant. The letter was requested by Fishery Biologist Heather Finkle as support to their proposal to the Alaska Sea Grant for studying the linkages among South Olga lakes sockeye salmon, their habitat and climate. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. Kodiak Island Borough Assembly Special Meeting Minutes April 30, 2015 Page 1 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 19 of 363 AGENDA ITEM #5.A. B. Executive Session to Discuss Litigation, Trial Strategy and Tactics Regarding Markham's Appeal to the Supreme Court. PETERSON moved to convene into executive session to discuss litigation, and trial strategy and tactics regarding Markham's Appeal to the Supreme Court. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman. LYNCH moved to invite the Borough Assembly, Borough Manager, Borough Assessor, Borough Attorney via teleconference, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, Austerman, and Griffin. After the vote, Mayor Friend recessed the special meeting at 7:45 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the special meeting and announced no action was to be taken as a result of the executive session. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Austerman, Griffin, and LeDoux The meeting was adjourned at 9:45 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Special Meeting Minutes April 30, 2015 Page 2 *Regular Meetings of April 2 and April 16, 2015; and Special... Page 20 of 363 AGENDA ITEM #6.A. DISCOVER KODIAK 2016 BUDGET PRESENTATION AND ANNUAL REPORT February 2015 DESTINATION MARKETING &TOURISM DEVELOPMENT PROGRAM AGREEMENT Achievements 2014-2015 0 �vww]<och,al,,,org had over 357,000 views in 2014. 0 Provided membership services to 208 members, added 7 members. 0 Hosted the annual meeting for our membership. & Submitted RFP's to over 8 convention holders around the state. 0 Continued our monthly Bear Tracks newsletter. 0 Produced additional co-op advertising opportunities for our membership. a New and updated downtown walking map produced,color coded walking trails 0 2 page winter spread introduced in 2015 Visitor Guide,encouraging year round 0 Hosted two media/travel writers which resulted in 5 stories,social media exposure and a video series. a Completed Kodiak specific market research which will be used to direct future advertising purchases. 0 Supported the production of two television shows "Island Life" and "Buying 0 Hosted our annual fundraising event which was a sold out event. 0 Hosted a community scavenger hunt that led the public to membership businesses during the 2014 Crab Festival. 9 Created new proprietary products for the visitor center. 9 Created a partnership system to better advertise non-member businesses. a Accepted a bid to produce a new Kodiak Island feature video. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Conu-nittee to accomplish the following tasks identified in the document, such as: a. Produce collateral marketing materials, including the Explore Kodiak Visitor Guide . Kodiak Visitor Guide revised and produced each year. IN Press Media Kits developed to target specific media. IN 2015 membership directory re-recreated IN Downtown walking maps re-created with additional features b. Continue to provide information about Kodiak region to the traveling public Served approximately 9172 cruise ship passengers & crew plus 11,000 independent travelers, Coast Guard families, convention and business travelers and local residents. Discover Kodiak Update to the Assembly- Chastity McCarthy Page 21of383 AGENDA ITEM #6.A. ■ Visitor Center worked with Fish N Game to produce outdoor walking plaque c. Maintain and staff the Kodiak Visitor Center ■ Staff visitor center full-time, year round. 6 days a week from May- September. d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry ■ Attend Borough assembly and/or workshops as requested, ■ Provide quarterly reports ■ Provide relevant information to membership in regards to Borough information e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs ■ Maintain community partnership level with ATIA_ ■ Maintain listing in Official Alaska Travel planner ■ Participated in ATIA cooperative marketing programs ■ Director served on ATIA Marketing Committee f. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies ■ Participated in the Downtown Beautification Comi-nittee ■ Serve in an advisory capacity to the BearTown Market ■ Coordinated public workshop on small business social media development and maintenance ■ Attended the Welcome Aboard fair at the Coast Guard base ■ Director serves on KUBS committee g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy ■ Serve as Tourism Representative on the Kodiak Chamber of Commerce Board of Directors ■ Meet regularly with Chamber of Commerce ED to develop ways to improve downtown business,especially as related to cruise tourism ■ Serve on the Crab Fest committee h. Continue development of the kodiak.org website to improve its usability and visibility to visitors,potential businesses and residents ■ Further developed an 1MAP location system ■ Updated Kodiak specific statistics for media/press page ■ Created partnership opportunities for purchase by non members i. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry. ■ Attended Career Day at the Kodiak HS ■ Partnered with the Learning Caf6 in hiring a student for seasonal help ■ Attended the Kodiak flealth Fair at the college ■ Served on the Advisory Council for the Kodiak College Discover Kodiak Update to the Assembly - Chastity McCarthy Page 22 of 363 AGENDA ITEM #6.A. Hosted the Arctic Council to the new Afognak building as a possible meeting space for 2017 tribe relations. j. Develop a travel press kit to be available on the kodiak.org website,develop a distribution plan for the kit to various travel media • Developed several travel press kits with different criteria, each with a different target consumer. All downloadable. • Created a site landing page for media/press. • Distributed to media at one on one appointments through the Alaska Media Road Show k. Explore new employment and business opportunities related to the Kodiak visitor industry • Serve in advisory capacity to the BearTown Market • Assist members in development of business plans; notify membership of gaps in visitor services. • Hold roundtable sessions with our members to discuss future business operations and opportunities. • Assist members in development of social media as a marketing tool • Began offering social media management as a member benefit 1. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region • Maintain relationship with Alaska Airlines and Era Aviation to encourage expanded flights and lower airfares to Kodiak. • Keep informed about airport closures and/or construction. Lobby for minimal interruptions. • Partner with ERA and Alaska Airlines to create cheaper package options for Alaska residents traveling to Kodiak. • Maintained airport rack brochure program at the Kodiak Airport • Partnered with Seward for a travel trade program m. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry • Attend CEDS meetings and report on tourism and keep abreast of borough-wide issues. • Attended the Borough's suggested FIMA course on Disaster Discover Kodiak Update to the Assembly - Chastity McCarthy Page 23of383 AGENDA ITEM #6.A. W Borough k, 61K Board of Directors Jim Rippey,President(Russian River Roadhouse) Jan Chatto,Secretary(Pearson Cove B&B) Marya Halvorsen,Treasurer(Alutiiq Museum) Darlene Turner A Smiling Bear B&B Summer Wood, Kodiak Chamber of Commerce Jeff Peterson,Kodiak Combos Mike Rostad,A Kodiak Welcome B&B Tiffany Brunson, Baranov Museum Barb Hughes, Pickled Willy's Staff: Chastity McCarthy,Executive Director Jenifer Miranda,Membership Services Denise Sproat,Visitor Services Historical Overview: The Kodiak Island Convention&Visitors Bureau was incorporated as a 501(c)6 in 1985.The City of Kodiak allocated bed tax the same year. (COK Code 3.08.025) In 1996 the Kodiak Island Borough passed an ordinance introducing a bed tax to be used solely for the purpose of tourism development,enhancement and beautification.(KIB Code 3.55.010) Being as 501 C 6 organization means that we are not eligible for the typical grants and charitable giving programs.We are not tax deductible and most organizations or companies will not provide grants for that reason.We are not eligible for the same outside funding sources as many of the other local Kodiak non-profits. For this reason, Discover Kodiak works to create revenue opportunities that bring in over$150,000 each year. Typical messages we see are: In order to be eligible to rthe program,each Alaska 501c(3p organization must certify that it meets certain requirements established in the law.The law states; Purpose: The purpose of the Kodiak Island Convention&Visitors Bureau,dba Discover Kodiak,shall be to promote sustainable development of the tourism and convention industry throughout the Kodiak Island Borough and City, thereby increasing economic opportunities,jobs and local tax revenues. Discover Kodiak encourages travel by the public to and through the Kodiak Island Borough while maintaining a continuing interest in the well-being of travelers to the area. CHART 3,Al..k.ViAt-,V.1—, F.11 Y.aa 2012-13,By E-It M-A. Kodiak Borough Numbers in Relation to Tourism: Employment:8% Bed Tax: $96,640 C-11" hip 04106 Fishing/Tagging License:$28,350 9370 &a portion of sales tax. so,C-00 Accomplishments in FY 2014 496 -rC)--FA,L VISIT 0-RS: 1,8A9,700 • Incorporation of new revenue earning website features Discover Kodiak Update to the Assembly - Chastity McCarthy Page 24 of 363 AGENDA ITEM #6.A. Chan ES 1.T.La8 ViAtor Ind-by-Mated Era p ant in Alaska,2011-12 • Production of the 2015 Visitors Guide Far■a lA • Production of the new community walking map with color coded walking trail 'x300 features • Increased traffic to www.kodiak.org • Social Media o Facebook: 26,000 likes and several give-a-way promotions o Twitter: 1009 followers o Pinterest and You Tube:200 followers • Sold out fundraiser six years; meet or exceed fundraising expectations °� 2 stated • Completed market research project to gain knowledge about the travelers Spending In Alaska,2DI112 to Kodiak Far North MOIL S. s%ss�m • Increased retail store revenues as a result of new product development p • Membership drive resulted in 7 new members within a 4-month period • Director attended the Alaska Travel Industry Convention in Fairbanks • Hosted and served 9172 passengers traveling on 9 ships «' • Successful in increasing the number of cruise ships to Kodiak to 12 for 2015 • Served 9063 visitors to the visitor information center • Partnered with KMXT&other nonprofits to promote events and public service announcements • Partnered with both the Alutiiq and Baranov Museums to do community outreach and cruise ship activities. • Director elected to serve on the State of Alaska Marketing Committee • Director serves on LEPC Board for the Borough and City. • Director serves as tourism representative on Chamber of Commerce Board of Directors. • Director serves as tourism representative on CEDS committee. • Director serves on the Kodiak College Advisory Council. Magazine advertising appeared in the following magazines in 2014-2015 Fish Alaska Magazine Life After 50 AAA Midwest Traveler Alaska State Travel Planner AAA Home and Away Smart Meetings Alaska Magazine Northwest Meeting Planners Guide Sunset Magazine Reel News Vacation Country Travel Guide Where Magazine Kodiak Visitor Guide Placement FY 2014-2015 • JATA World Tourism Congress(Japanese Association of Travel Agents) Jan 2014 • International Tourism Exchange (ITB) Berlin March 2014 ■ New York Times Travel Show April 2014 ■ World Travel Market (London) Sept. 2014 ■ AARP Consumer Show(San Diego) Sept 2014 ■ IEX America (business travel) Oct. 2014 ■ Travel Leaders Franchise Group Meeting Nov 2014 ■ Taipei International Travel Fair(consumer) Nov 2014 ■ Pacific Marine Expo(commercial fish)Seattle,WA Dec 2014 Discover Kodiak Update to the Assembly - Chastity McCarthy Page 25 of 363 AGENDA ITEM #6.A. • Seattle Boat Show(consumer)Seattle, WA Nov 2014 KICVB Shows Attended by Staff or Board • Adventures in Travel Expo (Chicago, Illinois) Ian 2014 • Los Angeles Times Travel Show(LA, California) Ian 2014 • Boston Globe Travel Show(Boston, A) Feb 2014 • Great Alaska Sportsman's Show,Anchorage (consumer) March 2014 • Fairbanks Outdoor Show(consumer) April 2014 • Mini-Trade Business Travel (Phoenix,AZ) Sept 2014 ■ Alaska Media Road Show, Santa Barbara, CA Oct 2014 Proposed Budget Breakdown FY16 FY15 Public Funding $193,000 $190,000 Earned Revenues $149,700 $160,050 TOTAL: $342,700 $350,050 Program Expenses $155,100 $164,750 Operating Expenses $187,600 $185,300 TOTAL: $342,700 $350,050 The noticeable difference in program expenses and earned revenue comes from our production of the Kodiak Community Map project that we will not be doing again until FY17. Additional funding would support known arbitrary increases in operating/miscellaneous expenses: Meeting increased costs of operating expenses and fulfillment $2500 *Postage, Printing,Staff Hourly Pay* TOTAL nondiscretionary increases: $2500 Hiking Map Increase Discover Kodiak Board of Directors and staff has long wanted to show our community in a move active, people based way.Together,with the Borough mapping department, Discover Kodiak would like to create a Kodiak Island Hiking and Activity Map.This map would be a fold out brochure with detailed trails.The trails would indicate levels of hardness, activities allowed on the trail (mountain biking, hiking,snow shoeing), bear/animal alerts, and length.This map would also display photographs of trail heads,as well as photographs inside the brochure of different people completing these activities.This would be a brochure that is not only beneficial to incoming visitors who are looking to hike(which we know about 60%of visitors are), but it would be very useful to the community as well.We currently distribute the Borough hiking map and Audubon binding guide, both of which are not very user friendly. We also spend quite a bit of money in visitor center expenses per year to keep the Audubon guides in stock. Program TOTAL: $6,000 Discover Kodiak Update to the Assembly - Chastity McCarthy Page 26 of 363 AGENDA ITEM #6.A. Visitor Center Development In conjunction (but can also be done separately)with the development of a new Kodiak island Hiking and Activity Map, Discover Kodiak would like to install a trail guide kiosk in the downtown visitor center. With this kiosk, all hiking questions could be answered not only with words but with mapped out details. Discover Kodiak staff is often asked about trails,what they are like, level of roughness, etc.The hiking/activity kiosk would allow staff to walk the visitor/community member over,select a trail and let the visitor watch the trail with their own eyes. If you are interested in seeing how the kiosk would work, please visit: The kiosk would also present the same information as the hiking and activity map such as trail length, animal alerts,etc.This can also be used to map out safe kayaking paths among other sports. In addition,the information and maps would be accessible via our website. "This is a multi-year project that will take a few years of additional funding.*** Program TOTAL:$8,000 Total nondiscretionary expense increase: $2,500 Total program expense increase: $14,000 TOTAL INCREASE IN EXPENSES- $16,500 TOTAL Request for 2016 Budget: $85,000 Discover Kodiak Update to the Assembly - Chastity McCarthy Page 27of383 AGENDA ITEM #6.B. 1»��ia I• i �I FY2016 Budget Presentation - Finance Director Karl Short Page 28 of 363 AGENDA ITEM #6.B. lo� Iw, Wmmm m W WWWWW WW � �� IIIIIIIII f ��111111 Y 1. FY2016 Budget Presentation - Finance Director Karl Short Page 29 of 363 AGENDA ITEM #6.B. 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RE if r j r r r i Itll FY2016 Budget Presentation - Finance Director Karl Short Page 123 of 363 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2016-01 Establishing the Minimum Tax Levy and the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: Yes 10,320,000 FUNDS AVAILABLE: Yes Account Number: various Amount Budgeted: 10,320,000 SUMMARY STATEMENT: KIBC 3.15.030B provides that the school district shall submit to the manager the proposed budget and local support requirements for the school by the 30th of April. The School Board submitted their Budget on April 23, 2015. Alaska Statutes 14.14.060c provides that if the assembly does not, within 30 days, furnish the School Board with a statement(resolution)of the sum to be made available, the amount requested in the School Board budget is automatically approved. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution)of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060E provides that the property tax levy for school and municipal purposes shall be separately made and fixed. KIBC 3.60.020 provides that all motor vehicle registration taxes will be allocated to the area wide school system. The Kodiak Island Borough School District has requested a local contribution of$10,905,600. At a mill rate of 8.25 mills the estimated property tax revenues for education will be $10,320,000. RECOMMENDED MOTION: Move to adopt Resolution No. FY2016-01. Kodiak Island Borough Resolution No. FY2016-01 Establishing the Minimum Tax Levy a... Page 124 of 363 AGENDA ITEM #9.A. 1 Introduced by: Borough Manager 2 Requested by: School District Board Drafted by: Finance Director 3 Introduced on: 05/21/2015 4 Public Hearing: 05/21/2015 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2016-01 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 11 BOROUGH ESTABLISHING THE MINIMUM AMOUNT OF FUNDS TO BE 12 MADE AVAILABLE FROM LOCAL SOURCES FOR THE KODIAK ISLAND 13 BOROUGH SCHOOL DISTRICT FOR THE FISCAL YEAR BEGINNING 14 JULY 1,2016 AND ENDING JUNE 30,2016 15 16 WHEREAS, Kodiak Island Borough Code of Ordinances 3.15.030B provides that the 17 Kodiak Island Borough Board of Education shall submit the proposed budget and local 18 support requirements for the schools by April 30;and 19 20 WHEREAS, the Kodiak Island Borough Board of Education submitted their proposed 21 budget and local support requirements for the schools on April 30;and 22 23 WHEREAS, within thirty days after receipt of the school district budget, the assembly shall 24 determine the amount of funds to be made available from local sources for school purposes 25 and shall furnish the Board of Education with a statement of the sum to be made available; 26 and 27 28 WHEREAS, the Board of Education has submitted their FY2016 budget at $46,923,938 29 which includes a request for local funding(Kodiak Island Borough)of$10,905,600. 30 31 WHEREAS, the amount of funds to be appropriated from local sources for school purposes 32 will be incorporated into Ordinance No. FY2016-01, the Borough's fiscal year 2016 33 appropriation and tax levy ordinance;and 34 35 WHEREAS, FY2016 motor vehicle registration taxes are estimated at$280,000;and 36 37 WHEREAS, $140,000 can be transferred into the Education Support Fund from the 38 Facilities Fund for School Building Insurance;and 39 40 WHEREAS,the Fiscal Year 2016 assessed value is estimated at$1,200,000,000(one billion, 41 two hundred million);and 42 WHEREAS, at an assessed value of$1,200,000,000(one billion,two hundred million)and a 43 mill rate of 8.25 mills the education support fund will receive$9,900,000 in real and personal 44 property tax revenues;and Kodiak Island Borough,Alaska Resolution No. FY2016-01 Page 1 of 2 Resolution No. FY2016-01 Establishing the Minimum Tax Levy a... Page 125 of 363 AGENDA ITEM #9.A. 45 WHEREAS, the School District appropriation stated in this resolution may be adjusted as 46 part of the Borough budget process. 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH that the minimum amount to be made available to the Kodiak Island Borough 50 School District from local sources for the fiscal year ending June 30, 2016 is set at 51 $10,320,000 for both the direct appropriation and in kind services. 52 53 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 54 ISLAND BOROUGH that a mill levy of at least 8.25 mills for education support will be set for 55 the fiscal year ending June 30,2016. 56 57 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 58 ISLAND BOROUGH that a determination regarding additional funding may be made available 59 to the Kodiak Island Borough School District based upon federal, state, and local funding 60 available for the fiscal year ending June 30,2016. 61 62 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 63 ISLAND BOROUGH any in-kind service expenditures over the budgeted amounts will have to 64 be absorbed by the Kodiak Island Borough School District. 65 66 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 67 THIS DAY OF MAY,2016 68 69 KODIAK ISLAND BOROUGH 70 71 72 73 Jerrol Friend, Borough Mayor 74 75 ATTEST: 76 77 78 79 Nova M.Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No. FY2016-01 Page 2 of 2 Resolution No. FY2016-01 Establishing the Minimum Tax Levy a... Page 126 of 363 AGENDA ITEM O.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That Are Over Budget, Accept Grants, and Provide for Additional Expenditures. ORIGINATOR: Karl Short FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This budget adjustment accounts for the following: • State PERS on behalf revenues and expenditures.-I • Moves the Renewal and Repacement fund loans from the Facilities Fund to the Hospital Enterprise Fund. • Moves $764,149 from the Hospital Fund to the Facilites Fund paying off that inter-fund loan. • Accepts two grants. • Approves spending $200,000 of the Womens Bay Fire Department's fund balance on the Womens Bay Fire Hall addition. • Increases the Borough Attorney's budget by$47,500 due to unanticipated litigation expenses. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-01 B. Kodiak Island Borough Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 127 of 363 AGENDA ITEM O.B. Introduced by: Borough Manager 1 t a„,.. L..' t III a„,.. L....L., L.... � D Requested by: Finance Director 2 Drafted by: Finance Director Introduced: 05/07/2015 3 Public Hearing: 05/21/2015 4 Adopted: 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO.FY2016-01B 9 10 ORDINANCE NO. FY2016-01B AMENDING ORDINANCE NO. FY2016-01 11 FISCAL YEAR 2016 BUDGET BY AMENDING BUDGETS TO ACCOUNT FOR 12 VARIOUS REVENUES THAT ARE OVER BUDGET, ACCEPT GRANTS, AND 13 PROVIDE FOR ADDITIONAL EXPENDITURES 14 15 WHEREAS, PERS was budgeted at the net rate of 22% and should have been budgeted at 16 64.41%of salaries and State revenues should have been budgeted at 42.41%of salaries. This 17 adjustment will have no net effect on revenues and expenditures;and 18 19 WHEREAS, the General Fund, borough attorney's department will exceed its budget due to 20 unanticipated litigation expenses;and 21 22 WIHIEJRIEAS, the (:31e eraal Fund, finance department has spent significant astaaf uime and raflort 23 r,.reaauing the leaseagreimient for the new Long Ilerm Care Facility,and 24 25 WHEREAS, the Womens Bay Fire Department needs to use $200,000 of their fund balance 26 for expansion of the Womens Bay Fire Department addition;and 27 28 WHEREAS, the Borough received a grant for$200,000 for the Landfill Lateral Expansion;and 29 30 WHEREAS, the Hospital Enterprise Fund has available funds to assume the Facilities Fund 31 Loan to the Renewal&Replacement Fund;and 32 33 WHEREAS, the Borough received a grant for$50,000 for the Chiniak Playground;and 34 35 WHIERIEAS, on October !,2014 I113,oros.ugh voters approved the issuance aa1 1:31r.neraal Obligation 36 tour,„arias in the amount of $10,230,000 to finance the renewal and replacement schedule related 37 to borough aasrrned school faar Illulr as;and 38 39 WHEREAS, the Hospital Enterprise fund has sufficient cash to pay off the Hospital Loan to 40 the Facilities Fund;and 41 42 WHEREAS, the FY2014 financials recorded the State portion of PERS for the Resource 43 Management Fund, Building and Grounds Fund, Bayside Fire Department, Solid Waste 44 Disposal Fund,and KFRC in the General Fund and these should be split into different funds. 45 Kodiak Island Borough,Alaska Ordinance No. FY2015-01B Page 1 of 3 Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 128 of 363 AGENDA ITEM O.B. 46 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 47 BOROUGH THAT: 48 49 Section 1: This ordinance is not of general application and shall not be codified. 50 51 Section 2: The FY2015 budget will be amended per the attached three fr:ar.ur page schedule. 52 53 Seati'doin' : "he II In ante Department will allocate $20,000 of em Hoye.,, s alparjr..0 aand tueneftu:as 54 to the Long If r rm Carr II aaclllty isrrajran. 55 56 Section 34: The Womens Bay Fire Department will increase its use of fund balance by 57 $200,000; increase account 252-214-470-070 buildings by $100,000; increase 58 transfer to Fund 430 by $100,000; and increase transfers in and project 10032, 59 Womens Bay Emergency Center Fund 430 by$100,000. 60 61 Section6: The Borough accepts a$50,000 grant for the Chiniak Playground. 62 63 Section 46: The Borough accepts a$200,000 grant for the lateral expansion of the landfill. 64 65 Section 67: On June 30, 2015 the Hospital Fund will transfer$794,149 to the facilities fund 66 paying off the Facilities Fund loan to the Hospital Enterprise Fund. 67 68 Section 78: On June 30 the Hospital Enterprise Fund will transfer$2,745,029 to the Facilities 69 Fund and the Hospital Facilities Fund will then own the Inter-fund loans 70 previously made from the Facilities Fund to the Renewal and Replacement Fund. 71 72 Section 99: The terms of the loan from the Hospital Enterprise Fund to the Renewal & 73 Replacement Fund will be as follows: 74 a. The 3 separate Renewal & Replacement loans will be combined into one 75 loan. 76 b. The loan will be for 15 years with the first payment due on June 30,2016 77 c. Payments will be made annually. 78 d. The interest rate on the loan will be 4.5%. 79 e. The loan can be prepaid in full or in part. 80 f. An area wide tax, less any other funding sources, will be assessed for the 81 payment of this loan. 82 83 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 84 THIS DAY OF 2016 85 86 87 KODIAK ISLAND BOROUGH 88 89 90 Kodiak Island Borough,Alaska Ordinance No. FY2015-01B Page 2 of 3 Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 129 of 363 AGENDA ITEM O.B. 91 Jerrol Friend, Borough Mayor 92 93 ATTEST: 94 95 96 97 Nova M.Javier, MMC, Borough Clerk 98 99 Kodiak Island Borough,Alaska Ordinance No. FY2015-01B Page 3 of 3 Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... 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CU: q as w rj rj rj rj 0 r uaa"d IIJJ U IIJJ A "Ji r, c3 1- 0 (D u U E z 0 0 0 0 0 aJb 1 03 03 A A D 0 r,3 A W j 93 I G5 rj rj U w 5 5 r5 CU o o ;) m 0 M `�' Cu 0 0 M a 0 a� 2 95 G-5 M 0 2 1 6- d- 2 2 2 6- 2 111 1 j 0- 1z 0- 1 0 0 n- ry A 0 Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fi... Page 134 of 363 AGENDA ITEM $9.B. \ = g 32 = 3 / \ ) C, 2 // \ �ƒ 7 S / Cu e ' » \ \ \ n & 2 � m � 0 2 § / \ \ \ 2 m \ \ r § Ordinance No FY2015 01B Amending Ordinance No FY2015 O] F. Page 135 G 363 AGENDA ITEM #9.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and Restaurant Designation Permit for Island Hotels, LLC dba Chart Room#600. ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This application is for a liquor license transfer of ownership and restaurant designation permit for the Chart Room. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Note: Public hearing notices were mailed to 177 landowners as referenced above. RECOMMENDED MOTION: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and Restaurant Designation Permit for Island Hotels, LLC dba Chart Room#600. Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 136 of 363 AGENDA ITEM #9.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING Kodiak Island Borough State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 137 of 363 AGENDA ITEM #9.C. �'%�'�o Kodiak Island Borough �., 4 � Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks(c kodiakak.us /WWWekodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. May 21. 2016, and the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak,Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application or intent to approve the transfer of ownership or issuance of a new liquor license. License#: 600 License Type: Beverage Dispensary-Tourism D.B.A.: Chart Room Licensee/Applicant: Island Hotels, LLC Location: 236 W Rezanof Drive, Kodiak,AK 99615 Per Kodiak Island Borough Code 6.01.030 New license and transfer procedure. ......the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to clerks @kodiakak.us,fax to(907)486-9391, mail or hand deliver to the Office of the Borough Clerk by 12 p.m. on Thursday, May 215 2016. If you have any questions, please call us at(907)486-9310. Name: Mailing Address: Comments: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 138 of 363 AGENDA ITEM #9.C. KJ HERMAN AL DEGIES MARK BLAKESLEE PO BOX 3350 PO BOX 3115 PO BOX 2356 KODIAK,AK 99615 ANDERSON,IN 46018 KODIAK,AK 99615 THELMAJOHNSON TOM ESTEP WILLIAM M COSTELLO 6819 AURORA AVE N 314 HIGH ST PO BOX 547 SEATTLE,WA 98103 KODIAK,AK 99615 KODIAK,AK 99615 ED VENTURES INC JOSE H TOSTADO ANCHOR APARTMENTS LLC 11900 CANGE ST PO BOX 324 PO BOX 613 ANCHORAGE,AK 99516 KODIAK,AK 99615 KODIAK,AK 99615 STEPHEN O'BRIEN LODGER DOCHTERMANN CITY OF KODIAK 315 HIGH AVE PO BOX 714 P.O.BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CHARLES KING III RELLA MAE CORP ROBERT WILLIAMS PO BOX 1573 SHELIKOF LODGE ADMIN OFFICE 2400 HISTORIC DECATUR RD STE 107 KODIAK,AK 99615 4128 148TH AVE,NE SAN DIEGO,CA 92106 REDMOND,WA98052 GARY GILBERT AJA KODIAK PROPERTIES,LLC ROLLAND JONES C/O KAREN HEDGES 507 2ND AVE PO BOX 375 PO BOX 182571 FAIRBANKS,AK 99701 KODIAK,AK 99615 COLUMBUS,OH 43218 MCDONALDS REAL ESTATE CO MARYA NAULT TRUE WORLD TRAVEL OF AK LLC PO BOX 66207 P O BOX 922 119 YUKON ST AMF,O'HARE KODIAK,AK 99615 KODIAK,AK 99615 CHICAGO,IL 60666 DAN VAN MUN CHRISTIAN SCIENCE SOCIETY KODIAK OIL SALES INC PO BOX 8524 312 CAROLYN ST PO BOX 240108 KODIAK,AK 99615 KODIAK,AK 99615 ANCHORAGE,AK 99524 JAMES KOOB ELKS LODGE#1772 SUNG KIM PO BOX 879702 PO BOX 846 P.O.BOX 769 WASILLA,AK 99687 KODIAK,AK 99615 KODIAK,AK 99615 CREDIT UNION 1 TONYA BROCKMAN ETAL MICHAEL BACH ETAL 1941 ABBOTT RD 171 OTTER AVE 210 REZANOF DRIVE ANCHORAGE,AK 99507 KODIAK,AK 99615 KODIAK,AK 99615 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 139 of 363 AGENDA ITEM #9.C. LELAND ROBBINS ETAL MARY CAULFIELD MK ENTERPRISES,LLC PO BOX 1426 65174 HIGH RIDGE DR PO BOX 2338 KODIAK,AK 99615 BEND,OR 97701 KODIAK,AK 99615 TYEE ENTERPRISES LLC KODIAK ISL HSG AUTHORITY GABRIELLE LEDOUX PO BOX 853 3137 MILL BAY RD 8859 CROSS POINTE LOOP KODIAK,AK 99615 KODIAK,AK 99615 ANCHORAGE,AK 99504 NAOMI EMMERT FILOMENO BRAVO GERALD MARKHAM 217 MILL BAY ROAD 103 CENTER ST 211 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DALK,LLC GREGORY SPALINGER KODIAK AREA NATIVE ASSOC 201 CENTER AVE. PO BOX 2635 3449 REZANOF DR E KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JOHN FLETCHER ELKE M SAUNDERS KODIAK INN,INC 102 CENTER AVE PO BOX 1333 236 W REZANOF DRIVE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK PLAZA I INC JOHN JOHNSON TRIDENT SEAFOODS CORP ATTN: JIM DAVIS 236 REZANOF DR 5303 SHILSHOLE AVE NW P O BOX 2042 KODIAK,AK 99615 SEATTLE,WA 98107 KODIAK,AK 99615 JOYCE GREGORY JEREMIAH MYERS CHARLES WALKER ESTATE 215 W.HILLCREST ST P.O.BOX 1948 C/O ARLENE CHERNOFF SKINNER KODIAK,AK 99615 KODIAK,AK 99615 P O BOX 2280 KODIAK,AK 99615 ISLAND HOLDINGS LLC KODIAK REAL EST.&INVEST.INC. PAUL LUMSDEN ETAL C/O KODIAK INN 202 CENTER AVE#101 111 MARINE WAY 236 W REZANOF DRIVE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 PATRICIA OLSEN THE STRAUT BUILDING,LLC PHILLIP ANDERSON P O BOX 1014 PO BOX 1365 323 MAPLE AVE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CHRISTINA LYNCH KATHRYN JANE HALL HENRY'S GREAT ALASKAN REST 11175 LAKE ORBIN DR GENERAL DELIVERY 512 W.MARINE WAY KODIAK,AK 99615 NOME,AK 99762 KODIAK,AK 99615 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 140 of 363 AGENDA ITEM #9.C. LESLIE T&MARY A JAMES FIRST NAIL BANK ALASKA TREVOR JENSEN PO BOX 536 ACCOUNTING/REPORTING UNIT 1524 MISSION ROAD#12 KODIAK,AK 99615 P O BOX 10-0720 KODIAK,AK 99615 ANCHORAGE,AK 99510 BARBARA ZIMMERMAN ETAL ALLAN THIELEN GARY PETERSON P.O.BOX 1157 318 W HILLCRESTST P.O.BOX 1221 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 ANNA MARIA KALOUMENOU DIANA MACDONELL KEY BANK OF ALASKA 1515 BARANOF ST PO BOX 2730 PO BOX 22055 KODIAK,AK 99615 KODIAK,AK 99615 ALBANY,NY 12201 ALAGNAK INC TONYA M BROCKMAN JANE SAVER P.O.BOX 1275 171 OTTER AVE 1436"O"ST KODIAK,AK 99615 KODIAK,AK 99615 ANCHORAGE,AK 99501 KERRY KEARNS LIEF NORMAN TRUST ROBERT LACHOWSKY FAMILY TRUST PO BOX 8256 P O BOX 9046 315 COPE STREET KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 LESLIE JAMES GEORGE LEE ALEXUS KWACHKA P O BOX 536 171 OTTER AVE 326 COPE ST KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 HARRY ARDINGER ROBERTA WARD MARGARET HOLM 1710 MILL BAY RD PO BOX 1438 303 COPE ST. KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 BETTY WALTERS ROBERT JOHNSON ELIZABETH FLEMING PO BOX 3336 305 COPE STREET PO BOX 1068 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 WADE BALL DERRON L BALL KODIAK RENTAL COMPANY,LLC PO BOX 3361 PO BOX 1699 PO BOX 2531 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 MONTE NEDROW POLARIS PROPERTIES,LLC RICHARD PRIDDY FAMILY TRUST PO BOX 8983 PO BOX 1129 1021 S ROOSEVELT KODIAK,AK 99615 KODIAK,AK 99615 TEMPE,AZ 85281 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 141 of 363 AGENDA ITEM #9.C. THOMAS KOUREMETIS MICHAEL RESOFF GEOFFREY SMITH ETAL PO BOX 1392 PO BOX 911 PO BOX 2364 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 MICHAEL HELLIGSO GLENN DICK TERESA C BISHOP 318 W.REZANOF DR 11879 MIDDLE BAY DR 402 MARINE WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 AMERICAN LEGION INC SHOONAQTRIBE OF KODIAK LEIF BROCKMAN 318 CENTER AVE 312 W.MARINE WAY PO BOX 99 KODIAK,AK 99615 KODIAK,AK 99615 BLACHLY,OR 97412 MARK ANDERSON KYLE CROW LANAJANE MONTEIRO 1124 STELLER WAY 410 W.REZANOF DR PO BOX 1072 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 RANDALL C BISHOP CHRISTOPHER WING UNITED STATES OF AMERICA 402 MARINE WAY PO BOX 2827 USFW/DIVISION OF REALTY KODIAK,AK 99615 KODIAK,AK 99615 1011 E.TUDOR RD ANCHORAGE,AK 99503 ISLAND FISH CO.,LLC KODIAK MARINE SUPPLY INC ALASKA STATE BLDG AUTH 317 SHELIKOF ST PO BOX 99098 P.O.BOX 230329 KODIAK,AK 99615 SEATTLE,WA 98139 ANCHORAGE,AK 99523 WELLS FARGO-DOWNTOWN BRANCH MICHELLE JOHNSON DALE NELSON C/O THOMSON REUTERS 410 SHELIKOF ST 420 W.REZANOF#B PO BOX 2609 KODIAK,AK 99615 KODIAK,AK 99615 CARLSBAD,CA 92108 WESTWARD SEAFOODS,INC INTT SEAFOODS OF ALASKA BJM,LLC 2101 4TH AVE SUITE 1700 PO BOX 2997 P.O.BOX 993 SEATTLE,WA 98121 KODIAK,AK 99615 KODIAK,AK 99615 JOHN HANSEN STATE OF ALASKA CHRISTIE CHERNOFF PO BOX 663 DEPT OF TRANSPORTATION&PUBLIC 225 ALDER LANE KODIAK,AK 99615 FACILITIES KODIAK,AK 99615 4111 AVIATION AVENUE ANCHORAGE.AK 99519 FRANCIS COSTELLO MICHAEL HAYMAKER DUANE FREEMAN P O BOX 547 PO BOX 2150 1720 SIMEONOFF ST KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 142 of 363 AGENDA ITEM #9.C. JOHN ANTHONY JAMES PEARSON ETAL ENERGY PLUS HOMES,INC 210 HILLCRESTST W 118 W.HILLCRESTST PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JAMES HAYDEN LOUIS SHOLL CECIL SHOLL JR 305 NEVA WAY PO BOX 681 PO BOX 681 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 YUKON NORTH,LLC DEAN BROWN ETAL RONALD ACARREGUI PO BOX 8652 4254 CLIFFSIDE DR PO BOX 8204 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 ANDREW CRAWLEY CLARENCE J MCCLAREN PAUL YATSIK PO BOX 8652 C/O MAX MCCLAREN P.O.BOX 9016 KODIAK,AK 99615 101 NATALIA WAY KODIAK,AK 99615 KODIAK,AK 99615 MARYA SPRINGHILL NAULT TANGIBLE INVESTMENTS,LLC NORMAN URSIN SR P.O.BOX 922 523 LETA ST 1715 W.NICKERSON ST KODIAK,AK 99615 KODIAK,AK 99615 SEATTLE,WA 98119 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 143 of 363 AGENDA ITEM #9.C. ,xr f 1.113 `i'A`I'E Department o Commerce, Community, and Economic Development of �CA_ _.-_. ALA SI ALCOHOLIC 1C lry v RACI Co r zot..BOARD_. GOVERNOR BILL WALKER 2400 Viking Drve Anchorage,Alaska 99501 Main:907.269.0350 l DD:907 465.5437 Fax:907.3342285 April 10,2015 City of Kodiak Attn: Debra Marlar,City Clerk VIA Email: clerk&city.kodiak.ak.us Cc: niavier iodiakak.us Island Hotels,LLC.—Beverage Dispensary-Tourism License#600 DBA Chart Room ❑ New Application I Transfer of Ownership ❑ Transfer of Location Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses(see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a"protest"by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(l 1)may protest the approval of an application(s)pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary, capricious and unreasonable". Instead,in accordance with AS O4.11.510(b),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630.IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11 A20(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation.or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O1.11.420(a)are two separate and distinct subjects.Please bear that in mind in responding to this notice. State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 144 of 363 AGENDA ITEM #9.C. AS O4.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s), If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant.For additional information please refer to 3 AAC 304.9 45,Local Governing Body Protest. Note:Applications applied for under AS 04.11.400(8),3 AAC 304.335(a)(3),AS O4.11.090(e), and 3 AAC 304.660(e)must be approved by the governing body. /Sincerely, Jane Sawyer Business Registration Examiner 907-269-0359 J anc.:;atUyct�C�alask�t.go_v State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 145 of 363 AGENDA ITEM #9.C. State of Alaska Alcoholic Beverage Control Board Date of Notice:April 10,2015 Application Type: NEW x TRANSFER x Ownership Location Name Change Governing Body: City of Kodiak Community Councils:None License#: 600 License Type: Beverage Dispensary-Tourisin D.B.A.: Chart Room Licensee/Applicant: Island Hotels,LLC. Physical Location: 236 W Rezanof Drive,Kodiak,AK 99615 Mail Address: 236 W Rezanof'Drive,Kodiak,AK 99615 Telephone#: 907-486-5712 E.lN: 47-2488349 Corp/LLC Agent: Address Phone Date and State of Good Incorporation standing? Susan Johnson 236 W.ReranofDrive 907-486-5712 12/2/2014 Yes Kodiak,AK 99615 Alaska Please note.the Members/OTtcersIDirectors/Shareholders(principals)listed below are the principal members. There may be additional members that we are not aware ofbecause they are notprimary members. We have listed all principal members and those who hold at least 10%shares. Member/Officer/Director: DOB Address Phone Title/Shares Susan Johnson 12/10/1974 406.Neva Way 907-486-5712 51% President Kodiak,AK 99615 Daniel Gilbert 3/25/1974 406 Neva Way, 907-486-5712 49% Vice President Kodiak,AK 99615 If transfer application,current license information: License#: 600 Current D.B.A.: Chart Roorn Current Licensee: Kodiak Inn,Inc. Current Location: 236 W Rezanof Drive,Kodiak,AK 99615 Additional comments:Restaurant Designation Permit Application attached. State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 146 of 363 AGENDA ITEM #9.C. Page 2 A local governing body as defined under AS 04.21.090(l 1)may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable". Instead,in accordance with AS 04.11.510(6),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630.IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS O4.11.420(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of die regulation or ordinance has been approved. Under AS O4.11.420(b)municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. protest undo AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a)are two separate and distinct subjects.Please bear that in mind in responding to this notice. AS O4.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. please show proof of service upon the applicant.For additional information please refer to 3 AAC 304.145,Local Governing Body Protest. Note:Applications applied for under AS O4.11.400(g),3 AAC 304.335(a)(3),AS O4.11.090(e), and 3 AAC 304.660(e)must be approved by the governing body. Sincerely, Jane Sawyer Business Registration Examiner jaue.sawyer�)alaska.go�� 907-269-0359 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 147 of 363 AGENDA ITEM #9.C. Alcoholic Beverage Control Board Transfer Liquor License (907)269-0350 2400 Viking Drive Fax:(907)334-2285 Anchorage,AK 99501 http://commerce.alaska.gov/dnn/abe/Home.aspx is: Full Year OR ❑Seasonal List Dates of Operation: SECTION A-LICENSE INFORMATION FEES /5 !—'?SU P License Year. License Type: Statute Reference '�; Filing Fee: $100.00 /�-y j3zv i S�k h/1�tJ. 'owv/ y s©e.o4.n.`f(?G Lnease li: 0 0 ' Rest.Desig.Permit Local�Governing Body:(City,,,Borough or Unorganized) Community KbC4.. ., Council/N({am,c(s)�&/Mailing Address Fe (%50.00) .1al, '1k1`TmC'J Fingerprint; p $ (357.I0Pe P nn) X Name of Applicant(Corp/I,LC/IP/I,IP/Individua)/ParMmhip): 71 -p y/ $ / / / } TOTAL Doing Business,Ass(-Business Name): Business 1'elephone Number: q S Wa Fax Number: Marling Address Street Address or Location of Premises: Emai]Address: au�VtI 936 City, � /� 1n- 'O@ iQ in nice State,/� K L_ / �IL Is any shareholder related to the current owner? Ikes ❑No If"yes"please state the relationship_ld164.19U �.t. SECTION B- TRANSFER INFORMATION Name and Mailin g 2 Address of CURRENT Licensee: r[ IAI Regular Transfer [dJ /y/ —3_�f El Transfer with security interest:Any instrument executed under AS 04.11.670 for purposes of applying AS O4.11.360(4)(b)in a later Business Name(dba)BEFORE transfer: involuntary transfer,must be filed with this Application Real orpersonal n , U��.YI property conveyed with this transfer must be described.Provide security t2.r.' _ interest documents. Str+e�et Address o�r,I,/pcanon BEFO�R�E�•t-r urssf7e�r:' ❑Involuntary Transfer.Attach documents which evidence default under Ot 3�7 tA✓i AS 04.11.670. L� SECTION C-PREMISES TO BE LICENSED Distance to closest school grounds: Distanceand and: ❑Premises is GREATER than 50 miles from the boundaries of an (t�� _ ❑❑AS 04.11 410 OR incorporated city,borough,or unified municipality. t V Local ordinance No. ❑Premises is LESS than 50 miles from the boundaries of an incorporated city, Distance to closest church: Distance measured and boreugh'or unified municipality. h+t LI AS 04.11.410 OR Not applicable it J-( ❑Local ordinance No. ❑ Plans submitted to Fire Marshall(required for new&proposed buildings) Premises to be licensed is: �3(,Diagram ofpremises attached ❑Proposed building Existing facility ❑New building Transfer Application Page 1 of 3 Rev.01/03/14 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 148 of 363 AGENDA ITEM #9.C. Alcoholic Beverage Control Board Transfer Liquor License 2400 Viking Drive (907)334-0350 Anchorage,AK 99.501 Fax:ka.g /dnn/be http://commerce.alaska.gov/dnn/abc SECTION D—LICENSEE INFORMATION 1. Does any individual,corporate officer,director,limited liability organization member,manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state? XYes No If Yes,complete the following. Attach additional sheets if necessary. Name Name of Business Type of License Business Street Address State S 5Zrllo n sc y) T, e, & q w 3((T 11 j4& C 2. Has any individual,corporate officer,director,limited liability organization member,manager or partner named in this application been convicted of a felony,a violation of AS 04,or been convicted as a liccnsec or manager of licensed premises in another state of the liquor laws of that state? ❑ Yes ), No If Yes,attach written explanation. SECTION E—OWNERSHIP INFORMATION-CORPORATION Corporations,LLCs,LLPs and LPs must be registered with the Dept of Community and Economic Development. Name of Rntity(Corpomtion/LLC/LLP/LP)(or N/A if an Individual ownership): Telephone Number: Fax Number: 1--s 1W Hf LLCM q01- . �� 67-1k&-3513z) Corporate Mailing Addres: city: State: Zip Code: / J /S Name,Mailing Address and Tetephone ber of Registered Agent: Dale of Incorporation OR State of Incorporation: _ �c � y-4 ��(Fr�,�'.c;?^�,,ws.>✓?,..'�].n,c,rC: Certification with DCED: -Suss Lh"�-.�durtA07) i Is the Entity in"Good Standing"with the Alaska Division of Corporations? P(Yes ❑No Una,attach written explanation.Your entity must be in compliance with Title 10 of the Alaska Statutes to be a valid liquor licensee- Entity Members(Must include President, ecretaryTreas urer,Vice-President,Manager and Shareholder/Membervith at least 10% Name Title % Home Address&Telephone Number Work Telephone Date of Birth Number a5 � 51 ©(v l�ev�1a�ra )K�l�a) , y r ° -�'7i� 1z 1a 7q I ' ) J �!1, oto New � 9st vs�� D7 �fv-57f Cf3 7S Transfer Application Page 2 of 3 Rev.01103/14 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 149 of 363 AGENDA ITEM #9.C. Alcoholic Beverage Control Board Transfer Liquor.License (907)269-0350 2400 Viking Drive Pax:(907)334-2285 Anchorage,AK 99501 http:liwnvneres.alaskn.go v/dnniabe./Home.asps IVOTR:a If nu m.-d additional space,please attach a separmte sheer_ SECTION F—OWNERSHIP INFORMATION—SOLE PROPRIETORSHIP(INDIVIDUAL OWNER&SPOUSE) IndividuaCl Licensees/Affiliates(The ABC Board defines an 'Afl'iliatc"as the s cuss or sis ificant afher ofa licen>ee. Each Affilmte must be listed.) Name .JL( n� L"�+�75u,.1, Applicant'M Name Applicant❑ Address Y� 'j " Affiliate ❑ Address: ATlin, ❑ ] ,It',A fiEC Date of 7'3irih: Datt aP Birth: Horne lhone:e/p 7)44 9'1E' 619 Hone Phone: Work Phone: 74,7` 1 7/:)-. 7-11 '7� Work Phone: Name:3>e�tt.wti f' 6i j�1 Applicant M Nome: Applieaut ❑ Address 7 b IU'L YG 1,66 hj AR hate ❑ Address: Affiliate ❑ l l r 2 D t at l3irth: Dafe oY Bhth: Horne.Phone:%7)1&"41r fir Borne Phone: Work Phone:9 e, 4 f�& -,.i fie ' Work Phone: — Declaration • 1 decl:n- under penalty of perjury that I have examined this application,including the aocompavyiug schedules and statcrments,and to the best of my knowledge and beliefit is true,correct and complete,and this application is not in violation of any security interest or other contracted obligations. • I hereby certify that there have been no changes in officers oz stockholders that have not been reported to the Alcoholic Beverage Control Board. The undersigned certifies on behalf of'the organized entity,it is understood that a misrepresentation of fact is cause for rejection of this application or revocation of anv license issued. • I farther certify that I have read and•mr familiar wrath 15fie 4 of1he Al.,k,n stahrirs and its 000lotions,.and that in au;ordance with AS 04.11.450, no person other than the licensee(s)has any direct or indirect financial interest in the licensed business_ • i agree,to provide all information reefurred b?r the,Alcoholic Beverage Control Board in support e f Ihis apphuutnn Si rwrirre of Current ilcensr Si natrc o4"'TransPcrec s S [i ue ,,E��^^ s Signature Signs'ure Signature N., T t1 (P,lu Pai.tt)) Na &Tlfle(11k.- r nt 0" s , S1l Subs. d nd to eft tns ribe nd wonto b efoio us this day f tj�i �✓��/J(/ULP11 day of Notary Public rd for the State of flat ' p? Notanv Public in and - re State of Alaska _ Lti t 3 1C Q r� y g/9 ��y�aattasap2� MY OCnarssusa r <zxphes: t ti a, .�'�� A 7vly co. con oxpi ?v1�" AAs y107 & {may+ h �k?UC, m °N oP� sAUN 1 4°a n o Transfer Application Page 3 of 3 aev.01,126n5 State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 150 of 363 AGENDA ITEM #9.C. STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT AS 04.16.049&3 AAC 304.715—794 The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining,and persons between the ages of 16—20 for employment. If for employment,please indicate in detail what the employment duties will be in question#3. License Number: ll Type, A'L £'i This application is for designation of premises where: (Please check the appropriate items below) 1. X Bona fide restaurant pursuant to 3 AAC 304.305&3 AAC 304.715-794. 2. �_ Persons 16—20 years of age may dine unaccompanied. 3. Persons under 16 may dine accompanied by a person 21 years of age or older. 4. Persons between 16—20 years of aged ' may be employed. "(See note below) Licensee's Name: _T5 ` 100 & °—'— , Name of Business: Y`1 Business Address: A�)u I k) � R Y' city: t l rLitP 4_ 1. Hours of operation Cl Ylto0/YY�_. TellJephone Number. `"(� !`-1 6�V'r��r�- 2. Have police been called to your premises for any reason? [ ]Yes Y4_No (If you answered yes,please explain below). // 3. *Duties of employment: �11l S l i lfl ,yt 5 i�s� , we d i5 6,w ws k Ey- 4. Are video games available to the public on your premises? [ ]Yes NP No 5. Do you provide live entertainment,such as live music,pool tables,karaoyk^e,dancing,sports or pin-ball? Yes []No 6. How is food served? Table Service [ ]Buffett Service []Counter Service [ ]Other 7. Is an owner,manager or supervisor 21 years of age or older always present during business hours? [(]`Yes [ ]No —A MENU AND DETAILED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION— "Employees 16 and 17 years of age must have a valid work permit and a letter maintained in your files from a parent or guardian authorizing employment at your establishment. "Please attach additional sheets of paper if more space Is needed to describe food service,entertainment,etc. Licensee Signature -- Local Governing Body Approval 0 p Subscribeo,and sworn to/before me thisyyal] If1f/( r < ( '"2 t ��r�sat?\4,1 E la Date ��i�i Nota Publi 'n and for Alaska My Commission expires; 03-1311a '�10TARY i = Director,ABC Board �✓r/%q�FOF PVti�� Date Rev.03172014 fy��/J{(lill)(5�1A�At� State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 151 of 363 AGENDA ITEM #9.C. emu. C p pill�r 3 � . o � w ` Sef' rver Station Hostess Stand .,. 17"wide Lounge Area x : .............._............................................. kitchen ............... ...._... .................. .................. Uiti c ! € 5'wide € a> ......... ..................a...........................< o Z» ...... .... ..._...: G ............... I,.,,.., 1....,,.... f�l 14 wide State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 152 of 363 AGENDA ITEM #9.C. Q I � N V II 1 umwre,inlw Reception desk n 0 O State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 153 of 363 AGENDA ITEM #9.C. STATE OF ALASKA ALCOHOL BEVERAGE CONTROL BOARD Licensed Premises Diagram INSTRUCTIONS: Draw a detailed floor plan of your present or proposed licensed premises on the graph below; show all entrances and exits,and all fixtures such as tables,booty,games,counters,bars,coolers,stages,etc. DBA: C LA� yY� d l PREMISES LOCATION: Pm LN�U...�'�lJ Indicate scale by x after appropriate statement or show length and width of premises. 1 SQ.=4 FT. SCALE A: --- I SQ.=I FT. SCALE B: Length and width of premises in feet: l 0X -G Outline the area to be designated for sale,service torag and consumption of alcoholic beverages in red. DO NOT USE BLUE INK OR PENCIL ON T AGRAM. — r ( f ( [ . I I 1 1 [ - _. --- td] 1.- -1- 1 o I State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 154 of 363 AGENDA ITEM #9.C. r 6 F!i x .� Kt J x rt, dn. t x y State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 155 of 363 AGENDA ITEM #9.C. r C)ne prnand I°lE �_ K� b2pound M ,. Sagcc.sr BBO.cla srr,or e:etra hot c�SlacAos 41S rr 1 Salsa,Sorer C.;"rec rr+and t,:,mcam�lr. 1 490 k' rtai4s X13flr � r ?,,. 5tuffed,wbCiecfcfarer?n'f-or,eradi,h Serned with Apple 1e, c-pli.5fam r S nlr of thx day C q ,„' B".1 d10 ("illld .,at R'—; L alR. li uscSalad: 5}nu11I7 Lwy 61.E Pmsnrrtte/1spzrags and LFrie �M= .5ouce,Rarzcf,13(ue G7,eese, y- � j'��,, Balsarruc i'in aigrette �-�F , TFrovs+�rrrf/slancfHurrey Roasted Garlic Z- 1"C""', RP'ustard Duck C-fit,P—:etta.G—i Owese a,,d Roasted Tomato Saha y e i A'rt�.D m , jolepeno Cilantro Crevn mgiaja xicd King Crab $19 Crab o5 ATtichoke Dip _ $16 Roao,dRell Peppers,Rracfisnes,Parx:ena arrd Av---I,Ci1a,a.'ru C�r�¢rm Grilled Raque tte Cab l ac aa.d Check _ *a16 '8 ud-G.rcjo,,,,_..___...._w�li 4a&ed with gd mkedCord. h'rc chat,Pears,GoaP C:e-e and Ras.pherry 1"ea,9wo C--'Brie,Gorq�nzola,Olive", Grilled Romaine Heart,Shaved P,nrnaesan and Roasted Papper,Cline Oi€.&Aornic fu"ror,tua,Add Vinegar,and French R.,,grette chicken 26 �5raoren5i Sao SCrru,t r M Salr.eon$6 Looking for a unique 6 c[uality during experience for your next cvcwy Our � x Fels,CCtla,—ta Oli-v,Pure A'o,,d.:rapefrrait t: rr d'L errrc #asit 7r�nulretta r talented tears can Put together caystont menus for an inttemte gathering of 20 �r . p-inacht an-d—Spag hic:Stt_ q.R qJL —5 5 People„or large 300 person avant. N p,kta h, s,f'rys,!rredPa,7lerat r and esilla u Orange Vinatryretle "LBkc',e ern F—bc,ck'C p am Rama Rc=,r ..m K,d;,k R—;,zJ W State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 156 of 363 AGENDA ITEM #9.C. "i H r�^ 4.iaha1ta,Lettuce,Twwfo,Onion undl'asilla {r ,,r, ,9noeredo Creanr 'j salmon, a e h� 9,16 n + C;iaGa Ct¢Leztuc f`,rraaeo,f?nioa�and Pkk(ed Asparagus R,,dish Dream C—i—b—4%AaVar — "t P'ry, E wa, Elrgvoe e,Poached Eq.,—d"ipe ach Chicken 6 Suiokcd - DiJon Spinach and Poached Agy Ciahatia,73asil,T-a,t.e,(aline tidtago .. Ttl7ild"uduahmoan Ragout 3eef�Butee�__ _ _.. $1? Letts.e,Tomatr,,1?,d Onion d'.ealorra1,3nrrrsta Bali(R ivh Add(:hens.&2 CAe dl,B,k,G,,,4..;orq."Ja or l', -(cuic R-Oagcd _- AddBacon SddM Add Mushroom,SIM R,,,emar{t(;rusted with Crand Alarnier. Peadcs Frys and Pears SPECIALS T{SS'1 Friday 6 Sat a t i�" Bire,d e ,P-c"tt¢and ko. nwrj , 1 -C ?oz 43.3 or 9oz - w2� Fish f3`.- hips --_- ---.. W;tb Au fiis frI-stor eiadr_fr Cream :� bi✓Fth Lennon and Tarear 5ar cz Brunch (Sun lay) G,,J$14 d-latibr:,,irac, �r c --- Omelets,breakfast favorites,salads, sandtr l es f hua Ma le H oesu 5 eash 1—,q a B—urger Brew cn-s .ay� �*issackisa�rda52�da �� 7 rdrarrqu F°emrel fd duction C Bit yei with fries and a 16oz beer $10 125 R"'I P,pp,C'ouU5 A S /-!e, i 'C ,1J,}�.r bra. 'it C.�'ne f'oaraid xraed with D,v,,,,,Mutter Ian e,ta,Ast..araquc Tips and.5ege t✓rearn '[� ��. i pac 6 ➢ �� llcr'v„^s k 1 k AL STJ4).g,n,45c S17, �.csq,ic ac�.am.PVca�cn;dcs w.ch cznc�a GrotmdBeef,tiaarsaye,Bell PeppersandO,,x-s ppyy 99 t�99 nfi�]fi95or e�g�aay me�caven��ue�inu ei foo�Lroruc.ibiox. bnw+:anxaGc.Iwu4- Wild Mushroorns and Ruf lerrtnt.S'driash Pzrxdc5 of 60:more Gave mandatnrp 1S°/bra very added State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 157 of 363 AGENDA ITEM #9.C. WVC t y h '" V'�°` � "'" t f �,S ter'..^ ••..� State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 158 of 363 AGENDA ITEM #9.C. 4 m�' m..A K .Ids "`1 Ouido-S-taidon— 412 Greats your orwr Omel a the Ingredients.Sen>ed rrrlde!oast. lwo ESQ AdefBa o r Sausage or Ham untfr Taasi ,e $17 S oz.Smp Steak and Toust cgs FS ea dz .i Sll ;sx N ,W'ICHE,5,; Z Poacf ed A' qs and t:arraefrsn ttaton c+n an rnylish 17ujfin"wh Hollaadaive FYCT rh'FOa4S AddBacon,Saus,ye or Ham Cia6aua„Let(um 7omaso.Onion andPasilk Buttermilk Bread a,rr[h.Seraxnblyd Eggs, ,d?>oa:rzc{r Crearaa Cheese,and Bacon,.5'ausa<1e or 11 firjukfast Bmieo. __ . alsrx� asd as P�-- "�i6 CW,,Oa,Lettuces.'F-oneato,Onion uadPxk1,d Chorizo and Lggs with Sour Crean,6 Saba ds para y.c us R,,Iixh Cream Butt+yrii2ijk �cakae: _�� Add Bacon,Sausage or Ham Baguette,I'aachsd Egg and sl>rnach semis _____._.._.........._...__..--.._----------...,.....— ll C hickeii 6 Smoked With 1leua berries or R-Pberries ancd _ Mascarpone.cream ,tucmaaoW, (-:iahu.ta..ft rsil.7<,rnato fi 6;Dli?,z tL?a jo Sony of the day: CUP$'+ Row!$10 t„:ar+rndted Onion and Gorgonzola Creana H.sc Salad: Small.l"7 E.ar cde$113 13 sartces:Ranch,Blue Cheer. NaCsmn,c 17; igra rte. 1...... 1 Panceou,Spinach.Basil and Tomato Island andHoney Afmgrrd Imredi ;�eriC;na„ .usariiaibtiti;�''I+u�,:.T,aa ,°r ."w . Lei ue,Tamara Red Cnian SALADS A,1W C:hee;e$2 0,fll—Bik,C t.Coryonzoda or Proocxfone AddB,o:"UM Raastcd 13c1[1 epees Nad has.1 anc tia and �d ,�, a s asar._ _T11 Fish .48 '; 8Y ith Lamnn and Tartar Sauce Grilled Romaine HQ rnh arn<II a mt sun and d+, a "t..auhrron.tt HYthu+ ?.0 Crotons Add- Ll &r $i,S7n n =.y RQas m ,=Land-.'_EA3guJjn.�,Ta.. Lod$11 ' ud 'InI:d&1xi4Mu1nP.4� 1Afld, a2k' A�i01JK Fef a,Kalaanata Olives.Pine;4'tr2s,Grapefruit � and Lemon Ravi Viu grette State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 159 of 363 AGENDA ITEM #9.C. Kodiak Island Boro i - `1 - , Office of the Borough Cl APB 17 ' 710 Mill Bay Road 4 Kodiak, Alaska 99615 � - ' Phone (907) 486-9310 Fax (907 ` MEMO TO: Bud Cassidy Botough Mafia gor. ; Bill Roberts,Assessing Department Bob Pederson,Community Development Department Neil Hom,Code Enforcement Officer Bob Tucker, Engineering/Facilities Department Karl Short, Finance Department Building Official Fire Marshall FROM: Jessica Kilbom, CMC,Deputy C DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership-Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application fortransfer of!ownership for: From: To: License#:600 License#:600 License Type: Beverage Dispensary-Tourism License Type: Beverage Dispensary-Tourism D.B.A.:Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels,LLC Location:236 W Rezanof Drive,Kodiak,AK 99615 Location:236 W Rezanof Drive,Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030(A1), please indicate,with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by M,60 1 ,i= 11�0. LIQUOR LICENSE.TRANSFER OF OWNERSHIP FOR CHART ROOM#600 ➢ With regard to the AIR—*W I 0--e- Department, the Borough has NO interest, which can be protected by prof sting the application for transfer. f Signature. 3z Date: ➢ With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 160 of 363 AGENDA ITEM #9.C. Kodiak Island Borough of A � Office of the Borough Clerk 710 Mill Bay Road � Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Lill Roberts,Assessing Department Bob Pederson, Community Development Department Neil Hom,Code Enforcement Officer Bob Tucker, Engineering/Facilities Department Kart Short, Finance Department Building Official Fire Marshall FROM: Jessica Kilbom,CIVIC, Deputy CI DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#:600 License#:600 License Type: Beverage Dispensary-Tourism License Type:Beverage Dispensary-Tourism D.B.A.: Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels,LLC Location:236 W Rezanof Drive,Kodiak,AK 99615 Location:236 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate,with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by tl�lityllgrU7.` 415. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR CHART ROOM#600 ➢ With regard to the A� (nr 6`7_ Department, the Borough has NO interest, which can be protected by protestin a lid ion for trans er. Signature: WL 4L6/Date: �/s With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 161 of 363 AGENDA ITEM #9.C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 ' Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department svb Pederson,Community Development Department RECEIVED Nalt Horn,code Enforcement Officer "— ------ Bob Tucker, Engineering/Facilities Department Karl Short,Finance Department APR 2 10 22015 Building Official Fire Marshall 80ROur,H C=LERK'S OFFICE FROM: Jessica Kilbom,CIVIC, Deputy Cle KODLAK,A(ASKA DATE: April -16, 2015 SUBJECT: Liquor License Transfer of Ownership—Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License #:600 License#:600 License Type:Beverage Dispensary-Tourism License Type:Beverage Dispensary-Tourism D.B.A.:Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels, LLG Location:236 W Rezanof Drive,Kodiak,AK 99615 Location.236 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by Moi'dau,.Ai r1147;' 15. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR CHART ROOM#60U With regard to the (OMrtati=1;,Y POz-70,0AWDepartment, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: I=b.��n15'�rr,r./ Date: 20 Y With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 162 of 363 AGENDA ITEM #9.C. .E Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road { Kodiak, Alaska 99615 Phone (907) 486-93 10 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department Neil Hom,Code Enforcement Officer Bob Tucker,Engineering/Faci[ities Department'' Karl Short,Finance Department Building Official Fire Marshall FROM: Jessica Kilbom, CMC, Deputy Clerk* DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#: 600 License#:600 License Type: Beverage Dispensary-Tourism License Type: Beverage Dispensary-Tourism D.B.A.:Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels, LLC Location:236 W Rezanof Drive,Kodiak,AK 99615 Location:236 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock.Please return the form below to the clerk's office by�iAirttlrlgt42ik2ffl LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR CHART ROOM#600 ➢ With regard to the EF Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: Date:7�4 / With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 163 of 363 AGENDA ITEM #9.C. vk Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 48 6-93 10 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department Neil Hom,Code Enforcement Officer Bob Tucker, Engineering/Facilities Department 1:; Short,Finance Department' Building Official Fire Marshall FROM: Jessica Kilbom, CMC, Deputy Clem ��/�V DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#: 600 License#:600 License Type: Beverage Dispensary-Tourism License Type: Beverage Dispensary-Tourism D.B.A.: Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant:Island Hotels, LLC Location:236 W Rezano#Drive,Kodiak,AK 99615 Location:236 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by NfrtiiV, ikylCit' w78. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR CHART ROOM#6130 ➢ With regard to the h r,ot, Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: �--x-, Date: 1 J ➢ With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 164 of 363 AGENDA ITEM #9.C. s Kodiak Island Borough A Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 ` Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department RECEIVED Neil Hom,Code Enforcement Officer Bob Tucker,Engineering/Facilities Department Karl Short, Finance Department APR 2 1 2015 Building Official'' Fire Marshall BOROUGH CLERK'S OFFIC FROM: Jessica Kilbom, CIVIC,Deputy Cle I KODIAK,ALASKA . A DATE: April 16,2015 E27 SUBJECT: Liquor License Transfer of Ownership—Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for From* To: License#:600 License#: 600 License Type:Beverage Dispensary-Tourism License Type: Beverage Dispensary-Tourism D.B.A.:Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels, LLC Location:236 W Rezanof Drive,Kodiak,AK 99615 Location:236 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate,with regard to your department, if the Borough has an interest which can be protected by protesting.the approval of the transfer of stock.Please return the form below to the clerk's office by M'd �;° i A >f 1141y 6- LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR CHART ROOM#600 With regard to the _ Department, the Borough has NO interest, which can be protected by protesting the ap6lication for transfer. Signature: Date: y /71 With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 165 of 363 AGENDA ITEM #9.C. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road jg Kodiak, Alaska 99615 ` Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department EC�IU�� Neil Hom,Code Enforcement Officer Bob Tucker,Engineering/Facilities Department Karl Short, Finance Department Building Official APR 20 2015 Fire IVfarsha. ll FROM: Jessica Kilbom, CIVIC,Deputy Cle BOROUGH ca_E� or�icE � ty KDUTAK,AIRS S DATE: April 16,2015 t* !r SUBJECT: Liquor License Transfer of Ownership—Chart Room#600 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#:600 License#: 600 License Type: Beverage Dispensary-Tourism License Type: Beverage Dispensary-Tourism D.B.A.:Chart Room D.B.A.:Chart Room Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels, LLC Location:236 W Rezanof Drive,Kodiak,AK 99615 Location:236 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by M6hat Ayari1 71-jIlt. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR CHART ROOM#6GO With regard to thef ttk I'I POPP-11 Department, the Borough has NO interest, which can be protected by prot tin a location for transfer. Signature: Date: i� 1rS r With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 166 of 363 AGENDA ITEM #9.C. � m Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks@kodiakak.us/www.kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, May 21, 2015, and the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers,710 Mill Bay Road, Kodiak,Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application or intent to approve the transfer of ownership or issuance of a new liquor license. License#: 600 License Type: Beverage Dispensary-Tourism D.B.A.: Chart Room Licensee/Applicant: Island Hotels, LLC Location: 236 W Rezanof Drive,Kodiak,AK 99615 Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ......the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to clerks @kodiakak.us, fax to (907) 486-9391, mail or hand deliver to the Office of the Borough Clerk by 12 p.m. on Thursday, May 21, 2015. If you have any questions,please call us at(907)486-9310. Name: ........... ......... ........... ... . . ............................................................................................................................................................................................... Mailing Address: ._.�,.......... �°° Comments: *. "`....... ..................m. R .F ROUGH CI_E MSC OFRCE KODIAK,ALASKA State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 167 of 363 AGENDA ITEM #9.C. State of Alaska Alcoholic Beverage Control Board for a Liquo... Page 168 of 363 AGENDA ITEM #9.D. KODIAK ISLAND BOROUGH AGENDA STATEMENT '� � MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: State of Alaska Alcohol Beverage Control Board Liquor License Transfer of Ownership for Island Hotels, LLC dba Kodiak Harbor Convention Center #3480. ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This application is for a liquor license transfer of ownership for the Kodiak Harbor Convention Center. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Note: Public hearing notices were mailed to 145 landowners as referenced above. RECOMMENDED MOTION: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a liquor license transfer of ownership for Island Hotels, LLC dba Kodiak Harbor Convention Center #3480. Kodiak Island Borough State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 169 of 363 AGENDA ITEM #9.D. �'%�'�o Kodiak Island Borough �., 4 � Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks(c kodiakak.us /WWWekodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. May 21. 2016, and the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak,Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application or intent to approve the transfer of ownership or issuance of a new liquor license. License#: 3480 License Type: Beverage Dispensary D.B.A.: Harbor Convention Center Licensee/Applicant: Island Hotels, LLC Location: 211 W Rezanof Drive, Kodiak,AK 99615 Per Kodiak Island Borough Code 6.01.030 New license and transfer procedure. ......the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to clerks @kodiakak.us,fax to(907)486-9391, mail or hand deliver to the Office of the Borough Clerk by 12 p.m. on Thursday, May 215 2016. If you have any questions, please call us at(907)486-9310. Name: Mailing Address: Comments: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 170 of 363 AGENDA ITEM #9.D. HOBART DAWSON BARBARA SALTONSTALL ALAN AUSTERMAN P.O.BOX 2039 PO BOX 8818 401 LIGHTFOOT AVE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 UNITED STATES POSTAL SERVICE KJ HERMAN, AL DEGIES 419 LOWER MILL BAY RD PO BOX 3350 PO BOX 3115 KODIAK,AK 99615 KODIAK,AK 99615 ANDERSON,IN 46018 ALAN SKAW MARK BLAKESLEE CITY OF KODIAK P.O.BOX 842 PO BOX 2356 P.O.BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 THELMAJOHNSON TOMMIE ESTEP WILLIAM M COSTELLO 6819 AURORA AVE N 314 HIGH ST PO BOX 547 SEATTLE,WA 98103 KODIAK,AK 99615 KODIAK,AK 99615 ED VENTURES INC JOSE H TOSTADO ANCHOR APARTMENTS LLC 11900 CANGE ST PO BOX 324 PO BOX 613 ANCHORAGE,AK 99516 KODIAK,AK 99615 KODIAK,AK 99615 STEPHEN O'BRIEN LODGER DOCHTERMANN MARTIN LYDICK 315 HIGH AVE PO BOX 714 PO BOX 3243 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CHARLES KING III DEWAYNE WILLIAMS THOMAS MERRIMAN PO BOX 1573 415 CAROLYN ST P.O.BOX 1155 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 RELLA MAE CORP GRETCHEN SAUPE ROBERT WILLIAMS SHELIKOF LODGE ADMIN OFFICE P.O.BOX 1194 2400 HISTORIC DECATUR RD STE 107 0 KODIAK,AK 99615 SAN DIEGO,CA 92106 REDMOND,WA 98052 EFREN DIESTA ETAL GARY GILBERT AJA KODIAK PROPERTIES,LLC 410 CAROLYN ST C/O KAREN HEDGES 507 2ND AVE KODIAK,AK 99615 0 FAIRBANKS,AK 99701 COLUMBUS,OH 43218 ROLLAND JONES MCDONALDS REAL ESTATE CO SHIRLEY HEGLIN PO BOX 375 PO BOX 66207 P.O.BOX 1043 KODIAK,AK 99615 0 KODIAK,AK 99615 CHICAGO,IL 60666 State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 171 of 363 AGENDA ITEM #9.D. 011 Il in 3"l,AzE Department of Commerce, Community, -� "ALASKA and cono is evelo e t ALCOI10LIC BEVERAGE CONTROL BOARD '" GOVERNOR 131L:L WALKER 2400 Viking Drive o *. Anchorage,Alaska 99501 Main:907.269.0350 7[70:907.465.5437 Fax:907.334.2285 April 13,2015 City of Kodiak Attn: Debra Marlar,City Clerk VIA Email: clerk(a)city.lcodiak.ak.us Cc: n.arrcr(a%kodiakldc,,u_5 Island Hotels,LLC.—Beverage Dispensary License#3480 DBA Kodiak Harbor Convention Center ❑ New Application Transfer of Ownership ❑ Transfer of Location ❑ Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses(see attached application documents) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a"protest"by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(l 1)may protest the approval of an application(s)pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary, capricious and unreasonable". Instead,in accordance with AS 04.11.51 0(b),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630_IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a)are two separate and distinct subjects.Please bear that in mind in responding to this notice. State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 172 of 363 AGENDA ITEM #9.D. AS O4.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant.For additional information please refer to 3 AAA.304.145,Local Governing Body Protest. Note:Applications applied for under AS O4.11.400(g),3 AAG 304.335(a)(3),AS O4,11.090(e), and 3 AAC,304.660(e)must be approved by the governing body. Sincerely, Jan Sawyer Business Registration Examiner 907-269-0359 Innc.sawyer&alaska.gov State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 173 of 363 AGENDA ITEM #9.D. State of Alaska Alcoholic Beverage Control Board Date of Notice:April 13,2015 Application Typc: NEW .-_TRANSFER x Ownership Local ion Name Change Governing Body: City of Kodiak Community Councils: None License#: 3480 License'1'ype: Beverage Dispensary D.B.A.: Kodiak I larbor Convention Center Licensee/Applicant: Island Hotels,1J,C, Physical Location: 211 Rezanof Drive W.,Kodiak,AK 99615 Mail Address: 236 Rezanof Drive W.,Kodiak,AK 99615 Telephone#: 907-486-5712 EIN: 47-2488349 Corp/LLC Agent: Address Phone Date and State of Good Incorporation standing? Susan Johnson 236 W.Rezanof Drive 907-486-5712 12/2/201.4 Yes Kodiak,AK 99615 Alaska Please note:the Members/OfFicers/Directors/Shareholders(principals)listed below are the principal members. There maybe additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10%shares. Member/Officer/Director: DOB Address Phone Title/Shares -- - - - - Susan Johnson 12./10/1974 4(}6 Neva Way 907-486-5712 51% President Kodiak,AK.99615 Daniel Gilbert 3/25/1974 406 Neva Way, 907-486-5712 49"/o Vice President Kodiak,AK 99615 If transfer application,current license information: License#: 3480 Current D.B.A.: Kodiak Harbor Convention Center Current Licensee: Kodiak Inn,Inc. Current Location: 211 Rezanof W.,Kodiak,AK 99615 Additional comments: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 174 of 363 AGENDA ITEM #9.D. Page 2 A local governing body as defined under AS 04.21.080(l 1)may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable". Instead,in accordance with AS 04.11.510(b),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630.IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b)municipalities must.inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a)arc two separate and distinct subjects.Please bear that in mind in responding to this notice. AS 04,21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed tune. Please show proof of service upon the applicant.For additional information please refer to 3 AAC 304.145,Local Governing Body Protest. Note:Applications applied for under AS O4.11.400(g),3 AAC 304.335(a)(3),AS 04.11.090(e), and 3 AAC 304.660(e)must be approved by the governing body. Sincerely, jq' jae Business Registration Examiner i ane.saw�et-L&ala ska.gov 907-269-0359 State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 175 of 363 AGENDA ITEM #9.D. Alcobolic Beverage Control Board Transfer Liquor License (907)269-0350 2400 Viking Drive Fax:(907)334-2285 Anchorage,AK 99501 http://coTnmerce.alaska.gov/dnn/abc/Honie.aspx License is: Full Year OR 0 Seasonal List Dates of Operation: FEES SECTION A-LICENSE INFORMATION License Year: c I�C�eomcc te of to at Is St S See 04 Filing Fee: $100.00 Rest,Desig.Permit Local Governing Body:(City,Borough or Unorganiz:ed) Community Council Name(s)&Mailing Address: Fee:($50.00) $ :�E54V LLC- Doing Business As(Business Name): Busi—sTelophome Number: '707)V66 WDL r—Number: Mailing Address: Sir-Address or 1--tion fP—is..: 8 a� city,state,zip Is any shareholder related to the current owner? gYes ONo If"yes"please state the relationship 14m, Name and Mailing Address of CURRENT Liccnsce: gRegular Transfer 0'transfer with security interest:Any instrument c,secuted order AS X0 I-,a—L 04.11.670 for purposes ofapplying AS 04,11.360(4)(b)ina later Business Name(db.)BEFORE n—f, involuntary transfer,must be filed with this Application.Real or personal Ll property conveyed with this transfer most be described. Provide security —J-Odiak interest documents. Street Add—or L..ti—BEFORE transfer: D Involuntary Transfer-Amich documents which eridence default under AS 04A 1 670. SECTION C-PREMISES TO BE LICENSED Distance to closest school grounds- Disea.c..-s—d jid., 0 Premises is GREATER than 50 miles from the boundaries ofan XAS 04.11.410 OR incotporated city,borough,or unified municipality. 0 Local cadinsure No. 0 Premises is LESS than 50 uiflc�from the boundaries of an in—porated city, Dist m ce,to closest church: Diw—e--ed nd-, borough'or unified municipality. 5&AS 04 11.410 OR Net applicable, 0 Local ordinance No. 0 Plans submitted to Fire Marshall(required for &proposed buildings) Worris.,to be licensed is: Diagram of premises attached 11 Proposed building mg facility Transfer Application Page 1 of 3 Rev,01/03/14 State of Alaska Alcohol Beverage Control Board Liquor Licenn— Page 178of383 AGENDA ITEM #9.D. Alcoholic Beverage Control Board Transfer Liquor License 2400 Viking Drive (907)334-0350 Anchorage,AK 99501 Fax:ka.gov dnn/ab5 http:/lcornmerce.ataska.govldnn/abc SECTION D—LICENSEE INFORMATION 1. Does any individual,corporate officer,director,limited liability organization member,manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska cr any other state? /K Yes ❑No If Yes,complete the following. Attach additional sheets if necessary. Name Name of Business a of License Business Street Address State J<• >7'Y`7 rl��.�Y 5 .TE1C.�'7tM1�� 'V s F'� Ch'1G, P f 6^`' P-{dG !`aL y/ D 1✓.a See,Y, ,S pTtnvi,�a . 3� UL)a nLr etLr— 2. Has any individual,corporate officer,director,limited liability organization member,manager or partner named in this application been convicted of a felony,a violation of AS 04,or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state? ❑ Yes No If Ves,attach written explanation. SECTION E—OWNERSHIP INFORMATION-CORPORATION Corporations,LLCs,LLPs and LPs must be registered with the Dept.of Community and Economic Development. Name of Entity(Corporation/1.1.C/I,LP/LP)(or N/A if an Individual ownership): Telephone Number: Fax Number: /07 — _ Corporate Mailing Address: City: State: .' Zip Coda g p registered Agent: °e,. ,rry1 z-p�,+ Date of Incorporation OR State of Incorporation: e,Mailm A�ress and e hone tuber off R u Ll i �} Certification with DCED: J�-../ t - lJ 1 d "-Is the Entity m Good Standing"with the Alaska Division ofCorporations7 Yce ❑No ifno,attach written explanation.Your entity must be in compliance with Title 10 of the Alaska Statutes to be a valid liquor licensee. Entity Members Must include President,Sccreta ,Treasurer,Vice-President,Manager and Shareholder/Member with at least 10 Name Title % Home Address&Telephone Number Work Telephone Date of Birth g Number r �7 7 Ll �ci� w r � 701 49(r ST7/ 1216— Transfer Application Page 2 of 3 Rev.01/03/14 State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 177 of 363 AGENDA ITEM #9.D. Alcoholie Conl,ol Board Transfer Liquor License (107)269-0350 'o� I J, SECTION F—OWNFRSJI IP INFORMATION—SOLE PROPRIETORSHIP(INDIVIDUAL OWNER&SPOUSE) )at 11)W'57 Dat—fl3i'll, Date of Birth: Work Phone Affiliate 0 I declare under penalty ofperjuiy that I hay.examined this application,i—luding the accompanying schedules and statements,and to the best of my kno,ledge and beliefit is true.correct and complete,and this application is not in violation ofany security interest or other contmeted 1 1,er.b�ec,ti fy that t!....have I-en-,A—ges io ffic—or,,t—kL.lda,-s th.t h—e aot been eported to tire Aleohli�Bev- ge 0.trot Bou-d The undersigned certifies on behalfofthe organized entity,it is understood that a misrepresentation of fact is cause for rejection ofthis application or revocation ofany license issued, I further cortiAl that I have read and am iumilia.-ith Tit].4 ofthe Alaska l.tutes and its regulatio—,and that in accordance vvith AS 04.1 lA50, no person other than the licensce(s)has anydircet or indirect financial intorest in the,licensed business. I agree to provide all information rcquired by the Alcoholic l3cvcjagc Control Board in support ofthi.s application. SC" IfI11111111 SUbscilbodand wom to before me this 'th My- XN1 0' oc Transfer Application Page 3 of 3 State nf Alaska Alcohol Beverage Control Board Liquor Licenn— Page 178of363 AGENDA ITEM #9.D. j 0 t." TF F -I�WmiICM "M 7 L-.-J J,z il L State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 179 of 363 AGENDA ITEM #9.D. Kodiak Island Boro �� Office of the Borough Cl i F 1 7 710 Mill Bay Road APR Kodiak, Alaska 9961 ' Phone (907) 486-9310 Fax (90 - MEMO TO: EWd Cas8JdY,80.r0Ugh Managero Bill Roberts,Assessing Department Bob Pederson,Community Development Department Neil Hom,Code Enforcement Officer Bob Tucker, Engineering/Facilities Department Karl Short, Finance Department Building Official Fire Marshall FROM: Jessica Kilbom,CIVIC, Deputy Clerk DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center#3480 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#: 3480 License#:3480 License Type: Beverage Dispensary License Type:Beverage Dispensary D.B.A.: Kodiak Harbor Convention Center D.B.A.:Kodiak Harbor Convention Center Licensee/Applicant:Island Hotels, LLC Licensee/Applicant. Island Hotels,LLC Location:211 W Rezanof Drive, Kodiak,AK 99615 Location:211 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock.Please return the form below to the clerk's office b mo��12 9 LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 ➢ With regard to the s Department, the Borough has NO interest, which can be protected by protesting the app ication for transfer. / Signature: 2�.. _ Date: ➢ With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 180 of 363 AGENDA ITEM #9.D. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road � Kodiak, Alaska 99615 4L5 ,.L Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager i Bob Pederson,Community Development Department Neil Hom,Code Enforcement Officer Bob Tucker,Engineering/Facilities Department Karl Short, Finance Department Building Official Fire Marshall FROM: Jessica Kilbom, CIVIC, Deputy Cl DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center#3480 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From; To: License#:3480 License#: 3480 License Type: Beverage Dispensary License Type: Beverage Dispensary D.B.A.:Kodiak Harbor Convention Center D.B.A.: Kodiak Harbor Convention Center Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels, LLC Location:211 W Rezanof Drive,Kodiak,AK 99615 Location:211 W Rezanof Drive,Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate,with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock.Please return the form below to the cleric's office by Mnr%fav Aril7. Q1 . LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 r With regard to the Department, the Borough has NO interest, which can be protected by protesting a 06atj r transfer. Signature: Date: /� � With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 181 of 363 AGENDA ITEM #9.D. Kodiak Island Borough Office of the Borough Clerk � ... 710 Mill Bay Road Kodiak, Alaska 99615 Mo Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager D Bill Roberts,Assessing Department f�isiirltk�a Bob Tucker, EngineeringlFacilities Department APR 2 R 2015 Karl Short, Finance Department Building Official 90ROUGH M FPK�S OFFICE Fire Marshall KODIAK,ALASKA FROM: Jessica Kllbom, CIVIC, Deputy C DATE: April -16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center#3480 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#:3480 License#: 3480 License Type: Beverage Dispensary License Type: Beverage Dispensary D.B.A.:Kodiak Harbor Convention Center D.B.A.: Kodiak Harbor Convention Center Licensee/Applicant: Island Hotels, LLC Licensee/Applicant: Island Hotels,LLC Location:211 W Rezanof Drive, Kodiak,AK 99615 Location:211 W Rezanof Drive,Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by M646ay.°i4 arIVW2 ` 018. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 ➢ With regard to the 6c omoA;y &-VL,7o---J- Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: A�6 le z,) Date: ➢ With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 182 of 363 AGENDA ITEM #9.D. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9314 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department Nell Hom,Code Enforcement Officer vis�ab� Karl Short, Finance Department Building Official Fire Marshall FROM: Jessica Kilbom, CIVIC,Deputy CI DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center#3480 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To- License#: 3480 License#: 3480 License Type: Beverage Dispensary License Type: Beverage Dispensary D.B.A.:Kodiak Harbor Convention Center D.B.A.:Kodiak Harbor Convention Center Licensee/Applicant: Island Hotels, LLC Licensee/Applicant: Island Hotels, LLC Location:211 W Rezanof Drive, Kodiak,AK 99615 Location:211 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (Al), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by Moriay Airi7,;, �1. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 D With regard to the Department, the Borough has NO interest, which can be protected by rotesting the application for transfer. Signature: Date: y With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 183 of 363 AGENDA ITEM #9.D. Kodiak Island Borough ° r Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 " Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department Bob Pederson, Community Development Department Neil Hom, Code Enforcement Officer RECEIVED Bob Tucker, Engineering/Facilities Department ED Building Official Fire Marshall AE— BOROUGH FROM: Jessica Kilbom,CIVIC, Deputy Cie r>=RKs oFFI c KODIAK.ALASKA DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center#348 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To: License#:3480 License#:3480 License Type:Beverage Dispensary License Type:Beverage Dispensary D.B.A.: Kodiak Harbor Convention Center D.B.A.: Kodiak Harbor Convention Center Licensee/Applicant: Island Hotels, LLC Licensee/Applicant: Island Hotels,LLC Location 211 W Rezanof Drive, Kodiak,AK 99615 Location:211 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by Mor ela A'nl 27 q18. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 r With regard to the Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: Date: �� 1 With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 184 of 363 AGENDA ITEM #9.D. Kodiak Island Borough R4 , Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 ` Phone (907) 486-9310 Fax (907) 486-9391 9 MEMO TO: Bud Cassidy, Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department Neil Hom,Code Enforcement Off icer RECEIVED Bob Tucker, Engineering/Facilities Department Karl Short,Finance Department APR 2 1 2015 Fire Marshall FROM: Jessica Kilbom,CIVIC, Deputy Cle BOROUGH�ALASKA KO)I DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center#3480 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From- To: License#: 3480 License#:3480 License Type: Beverage Dispensary License Type:Beverage Dispensary D.B.A.:Kodiak Harbor Convention Center D.B.A.:Kodiak Harbor Convention Center Licensee/Applicant: Island Hotels, LLC Licensee/Applicant:Island Hotels, LLC Location:211 W Rezanof Drive, Kodiak,AK 99615 Location:211 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock.Please return the form below to the clerk's office by Monda A t it�7.,2015. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 Y With regard to the b 1 W jz Department, the Borough has NO interest, which can be protected by protesting the a plication for transfer. Signature: E) /!/'�� .-� '� Date: With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature. Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 185 of 363 AGENDA ITEM #9.D. Kodiak Island Borough Office of the Borough Clerk 714 Mill Bay Road z : Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts, Assessing Department RECEIVE D Bob Pederson, Community Development Department Neil Hom, Code Enforcement Officer Bob Tucker, Engineering/Facilities Department APR 2 0 2015 Karl Short, Finance Department Building Official INN m BOROUrH CLERK'S OFFICE KO XAK,ALASKA FROM: Jessica Kilbom,CMC, Deputy Cl DATE: April 16,2015 SUBJECT: Liquor License Transfer of Ownership—Kodiak Harbor Convention Center 43480 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership for: From: To- License#:3480 License#:3480 License Type:Beverage Dispensary License Type:Beverage Dispensary D.B.A.: Kodiak Harbor Convention Center D.B.A.: Kodiak Harbor Convention Center Licensee/Applicant: Island Hotels,LLC Licensee/Applicant: Island Hotels, LLC Location: 211 W Rezanof Drive,Kodiak,AK 99615 Location:211 W Rezanof Drive, Kodiak,AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the transfer of stock. Please return the form below to the clerk's office by Magid A"rr127 2015. LIQUOR LICENSE TRANSFER OF OWNERSHIP FOR KODIAK HARBOR CONVENTION CENTER#3480 With regard to the �ttiE M&S,-H Department, the Borough has NO interest, which can be protected by p t ting th application for transfer. Signature: Date: With regard/to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer.The interest(s)to be protected are stated below: Signature: Date: State of Alaska Alcohol Beverage Control Board Liquor Licens... Page 186 of 363 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Approval of Amendment B to Contract No. FY2013-14 To Extend the Borough Manager's Contract. ORIGINATOR: Bud Cassidy FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This item was postponed from the April 16th regular meeting. The original motion before the Assembly was to approve Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016, and also to provide direction to staff to proceed forward in searching for a borough manager. The Assembly ended up dividing the motion and postponed the approval of the contract to May 21, 2015. Direction was given to staff to proceed forward in searching for a Borough manager. Manager Cassidy provided a revised Amendment B which is attached. RECOMMENDED MOTION: The motion that was before the Assembly from the April 16, 2015 meeting was to approve amendment B to Contract No. FY2013-14 extending the Borough Manager's Contract to May 30, 2016. Kodiak Island Borough Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 187 of 363 AGENDA ITEM #12.A. AMENDMENT NO.2to EMPLOYMENT CONTRACT This Amendment No.2 is the second amendment to the EMPLOYMENT CONTRACT (Borough Contract FY2013-14)between the Kodiak Island Borough and Charles E."Bud" Cassidy,Jr.dated the 17`h day of January,2013. The Employment Contract was previously amended on January 7,2015,modifying Section 3C of the contract and deleted section 3D of the contact to reflect an increase in salary approved by the Kodiak Island Borough Assembly on July 17,2014. This second amendment extends the term of the contract from January 17,2016 through June 30,2016. WHEREAS,the KODIAK ISLAND BOROUGH,hereinafter called "Borough,"and CHARLES E.CASSIDYJR,hereinafter called "Manager"entered into an EMPLOYMENT CONTRACT for services as the Borough Manager of the Kodiak Island Borough on January 17,2013 envisioning a three year term through January 16,2016; WHEREAS,the continuation of the existing EMPLOYMENT CONTRACT from January 17,2016, through June 30,2016,is desirous to both the Borough and Manager; NOW,THEREFORE,in consideration of mutual exchange of the promises of the parties,the parties agree to amend the EMPLOYMENT CONTRACT to reflect an increase in contract term and accrual of annual leave,approved at the Regular Meeting of the Kodiak Island Borough's on May 21,2015.Said changes are as follows: Section 2.Contract Term and Notice Requirements. Section 2 of the EMPLOYMENT CONTRACT is hereby amended to extend the term of this contract from January 17,2016 through June 30,2016. Section 3:Salary and Benefits. Sc ticn 3(1 (of the I Ml 11 AYIV1:;1"� I A011I 1:tAC1 is ho-cloy '11TICIMIC 1;IS fcppcv SS: F. Manager shall accrue annual leave of thirty(30)days annually with thirty(30)days provided in advance upon the start date of this contract and each anniversary date for the life of the contract.Annual leave can be accrued from year to year with a maximum accrual limit of one hundred (100)days(800 hours)and no limit on cash out but the Manager must take at least eighty(80)hours of leave annually. Annual leave use of more than five(5)days shall be noticed to the assembly at least two(2)weeks in advance,except in an emergency. After hall ,11`r 16, 2016, ItJ 1lM'1ger Shy' ;Miwal cave ill the iTiallincr c onsistont with Chapter C 1I1 AVI,Scc tlon 701 of the I(IR I"ersoni d Code, Amendment No.2 to Borough Manager Employment Contract Pg 1 of 3 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 188 of 363 AGENDA ITEM #12.A. Section 4:Separation of Employment and Severance Pay. Sca tlons 4A and 411 arc aincin d e d 'IS fCIIOWS: A. The Borough Assembly may terminate Manager at any time,for any reason or for no reason, by delivering to Manager written notice of termination. 1. Termination for other than good cause: a. In the event of termination other than for good cause,Borough shall pay to Manager as severance pay an amount equal to six(6) month's salary plus one additional month for each year of service to the Borough as Manager. Manager shall also be compensated for all accrued annual leave. In lieu of severance pay in the event of termination for other than good cause,Manager may exercise the option provided in paragraph 4.A.1.b immediately below. After h'111U11'y 16, 2016, ire t Manager is terry hated other Iry vvv�°�'t ISJi;:i�;:, tls'M fCr good C;IUSC, R01'O gh Shall pay to I°vianago,as scveran e pay an amount Cqual to thirrce(3)uTionths Salary and Manager vrsavCS his I'lght to Mill ;'M sdov;al;:l 1C I10SiUC11 Witsii°l the 1001'O Ugh F01'WhiCh IIC is b. In the event of termination for other than good cause during the three(3)year term of this contract,unless otherwise agreed, Manager retains the right to fill any available position within the borough for which he is qualified. I!i!ffc:tive hanuary 17, 2116, °'IM':gCr vM;avCS his I'lght to fill ;'My;:v;al;:l VC I10SitIO11 Witsirl the 1001'O Ugh fCr Whin h Iry is fr,;:lific f. 2. Termination for good cause: a. In the event Manager is terminated for good cause,Borough shall not pay severance pay to Manager; however,Manager shall be compensated for all accrued annual leave. b. In the event of termination of Manager for good cause during the three(3)year term of this contract,unless otherwise agreed, Manager retains the right to fill any available position within the Borough for which he is qualified. I!i!ffc:tive hanuary 17, 2116, °'IM':gCr vM;avCS his I'lght to fill ;'My;:v;al;:l VC I10SitIO11 Witsirl the 1001'O Ugh fCr Whin h Iry is fr,;:lific f. Amendment No.2 to Borough Manager Employment Contract Pg 2 of 3 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 189 of 363 AGENDA ITEM #12.A. B. Manager may voluntarily resign his employment as Borough Manager at any time,for any reason,or for no reason,by delivering to the Borough Assembly notice of resignation at least(90)days prior to the effective date of resignation,unless the parties agree otherwise. If Manager voluntarily resigns,Borough will not be obligated to pay severance pay to Manager. Manager retains the right to fill any available position within the Borough for which he is qualified, however cffc:Uvc 1;1W,'Iry'17, 2016, Man ago,walvcs his right to fill ;'My rdMfflk':laie I10siti011 Withii°l the aoros,gh for Whin h Irc is fr,;:lific f. Section 9:General Provisions. Sca tlon 9C of the I:;IMl"I.,A`r IMI I� I"'AAI l I liAS I° is Ircrcla}r;'IITIcMfed;:s folloWs: I his Agrccincint shall l c iin cffc:t until lunc 30, 2016,or until Manager resigns or is tcrmli atcd under the provisions of Sc:tlon 4,above. EXCEPT AS PROVIDED HEREIN,all other terms and conditions of the AGREEMENT dated January 17,2013,as amended on January 7,2015 [Amendment No.1] remain the same. KODIAK ISLAND BOROUGH (BOROUGH) BOROUGH MANAGER (MANAGER) Jerrol Friend Charles E.Cassidy,Jr. Mayor Manager Date: Date: Amendment No.2 to Borough Manager Employment Contract Pg 3 of 3 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 190 of 363 AGENDA ITEM #12.A. AMENDMENT B TO CONTRACT NO.FY2013-14 AMENDMENT'B'to the EMPLOYMENT CONTRACT(Borough Contract FY2013-14)between the Kodiak Island Borough and Charles E."Bud"Cassidy,Jr.dated the 17`h day of January,2013 is hereby amended as follows: WHEREAS,the KODIAK ISLAND BOROUGH with offices at Kodiak,Alaska,hereinafter called "Borough,"and CHARLES E.CASSIDY JR who resides at Kodiak,Alaska,hereinafter called"Manager" entered into an EMPLOYMENT CONTRACT for services as the Borough Manager of the Kodiak Island Borough on January 17,2013;and WHEREAS,the continuation of the existing EMPLOYMENT CONTRACT is desirous to both the Borough and Manager. NOW,THEREFORE,in consideration of mutual exchange of the promises of the parties,the parties agree to amend the EMPLOYMENT CONTRACT to reflect an increase in contract term and accrual of annual leave.approved at the Regular Meeting of the Kodiak Island Borough's on April 16,2015.Said changes are as follows: Section 2:Contract Term and Notice Requirements Section 2 of the EMPLOYMENT CONTRACT is hereby amended to extend the term of this contract from January 16,2016 through April 30,2016 and thereafter may be extended on a month to month base for the months of May 2016 and June 2016 based on the discretion of the Borough Assemlby. Section 3:Salary and Benefits Section 3 of the EMPLOYEMENT CONTRACT is hereby amended to change the first sentence of section F to read: F.Manager shall accrue annual leave in the manner consistent with Chapter 7-LEAVE,Section 701 of the KIB Personnel Code. EXCEPT AS PROVIDED HEREIN,all other terms and conditions of the AGREEMENT dated January 17,2013 remain the same. KODIAK ISLAND BOROUGH(BOROUGH) BOROUGH MANAGER(MANAGER) Jerrol Friend Charles E.Cassidy,Jr. Mayor Manager Date: Date: Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 191 of 363 AGENDA ITEM #12.A. AMENDMENT NO.1 AMENDMENT NO.1 to the EMPLOYMENT CONTRACT between the Kodiak Island Borough and Charles E."Bud"Cassidy,Jr.entered into on the 17`h day of January,2013 is hereby amended as follows: WHEREAS, the KODIAK ISLAND BOROUGH with offices at Kodiak, Alaska, hereinafter called "Borough,"and CHARLES E. CASSIDY JR.who resides at Kodiak,Alaska,hereinafter called "Manager" entered into an EMPLOYMENT CONTRACT for services as the Borough Manager of the Kodiak Island Borough on January 17,2013;and WHEREAS,the continuation of the existing EMPLOYMENT CONTRACT is desirous to both the Borough and Manager. NOW,THEREFORE, in consideration of mutual exchange of the promises of the parties, the parties agree to amend the EMPLOYMENT CONTRACT to reflect an increase in salary approved at the regular meeting of the Kodiak Island Borough Assembly on July 17,2014.Said changes are as follows: Section 3.Salary and Benefits Section 3C.of the EMPLOYMENT CONTRACT is hereby amended to increase Manager's annual salary to$155,000 retroactive to January 1,2014. Section 3D.of the EMPLOYMENT CONTRACT is hereby deleted. EXCEPT AS PROVIDED HEREIN,all other terms and conditions of the AGREEMENT dated January 17,2013 remain the same. KODIAK ISLAND BOROUGH(BOROUGH) BOROUGH MANAGER(MANGER) rrol Friend Charles E.Cassidy,Jr. Mayor Manager � Date: / Date:, /! /s� — Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 192 of 363 AGENDA ITEM #12.A. �Jo. T�c,2013--14 EMPLOYMENT CONTRACT THIS AGREEMENT is made and entered into this 17th day of January, 2013, between the Kodiak Island Borough Assembly(hereinafter Borough)and Charles E. "Bud" Cassidy, Jr., (hereinafter Manager). WHEREAS, Borough wishes to employ the services of Charles E. "Bud"Cassidy, Jr., as Manager of the Kodiak Island Borough;and WHEREAS, Borough and Manager desire to provide for certain procedures, benefits, and requirements regarding the employment of Manager by Borough;and WHEREAS,Manager wishes to accept employment as Manager of said Borough;and NOW,THEREFORE, Borough and Manager agree to the following terms and conditions: Section 1: Duties and Nature of Employment. A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at-will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and/or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from time to time prescribe. Section 2:Contract Term and Notice Requirements. While this is an at-will employment contract, both parties anticipate that it shall be in effect for three (3)years, January 17, 2013, through January 16, 2016, with a ninety(90)day notice, by either party,to renew or not renew said contract by mutual consent. Borough Manager Employment Contract Page 1 of 5 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 193 of 363 AGENDA ITEM #12.A. Section 3:Salary and Benefits. A. Borough agrees to pay Manager for his services, payable in installments at the same time as other employees of the Borough, at the initial rate of One Hundred Twenty- Five and 00 1100 Dollars($125,000)annually. B. Manager's performance shall be reviewed, in executive session, six (6) months after the effective date of the agreement and the Manager's salary will be adjusted to One Hundred Thirty Thousand and 00/100 Dollars ($130,000) annually upon mutual review and determination of satisfactory job performance. C. Manager's performance shall be reviewed, in executive session, twelve (12) months after the effective date of the agreement and the Manager's annual salary will be adjusted to One Hundred Thirty-Five Thousand and 00/100 Dollars($135,000)annually upon mutual review and determination of satisfactory job performance. D. Manager's performance shall be reviewed, in executive session, twenty-four (24) months after the effective date of the agreement and the Manager's annual salary will be adjusted to One Hundred Forty Thousand and 00/100 Dollars($140,000) annually upon mutual review and determination of satisfactory job performance. E. Subsequent performance reviews shall take place in executive session at the request of the Assembly or Manager, but no less than annually on or before the Manager's anniversary date. F. Manager shall accrue annual leave of thirty(30)days annually with thirty(30)days provided in advance upon the start date of this contract and each anniversary date for the life of the contract. Annual leave can be accrued from year to year with a maximum accrual limit of one hundred (100)days (800 hours)and no limit on cash out but the Manager must take at least eighty(80) hours of leave annually.Annual leave use of more than five (5) days shall be noticed to the assembly at least two(2)weeks in advance,except in an emergency. G. Sick leave, health insurance, life insurance, disability insurance, workers' compensation insurance,jury duty, holidays,and contributions to the Alaska Public Employees Retirement System will be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees except that the Borough shall pay 100%of the cost of health insurance for Manager and his family. Borough will pay for annual physical if not covered by health insurance. H. Except to the extent specifically referenced to in this Agreement, provisions of the Kodiak Island Borough Personnel Manual are not applicable to Manager's personnel status as a Borough employee. I. Borough will provide an automobile for Manager's business use only, including commuting to/from work. Borough will provide gas,oil,maintenance,and liability insurance. Borough Manager Employment Contract Page 2 of 5 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 194 of 363 AGENDA ITEM #12.A. Section 4: Separation of Employment and Severance Pay. A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. 1. Termination for other than good cause: a. In the event of termination other than for good cause, Borough shall pay to Manager as severance pay an amount equal to six (6) month's salary plus one additional month for each year of service to the Borough as Manager. Manager shalt also be compensated for all accrued annual leave. In lieu of severance pay in the event of termination for other than good cause, Manager may exercise the option provided in paragraph 4.A.1.b immediately below. b. In the event of termination for other than good cause during the three(3)year term of this contract, unless otherwise agreed, Manager retains the right to fill any available position within the borough for which he is qualified. 2. Termination for good cause: a. In the event Manager is terminated for good cause, Borough shall not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. b. In the event of termination of Manager for good cause during the three (3) year term of this contract, Manager retains the right to fill any available position within the Borough for which he is qualified. B. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least (90) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resigns, Borough will not be obligated to pay severance pay to Manager. Manager retains the right to fill any available position within the Borough for which he is qualified. C. For the purpose of this section,the term"good cause"shall mean: 1. A willful breach, disregard,or gross neglect of the duties assigned to the Manager by law or by the Borough Assembly, or incompetence, which is defined as the inability or the intentional failure to perform the manager's duties in a satisfactory manner. However, termination for incompetence will require written notice and reasonable time allowed,along with appropriate resources provided,to affect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as a felony or a misdemeanor that tends to reflect dishonesty. Borough Manager Employment Contract Page 3 of 5 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 195 of 363 AGENDA ITEM #12.A. Section 5: Conditions of Employment. Manager shall receive the salary and benefits, and shall work under the terms and conditions, specified in this document during the three year term of this contract with a ninety (90) day notice by either party to renew or not renew by mutual consent after that time. Section 6: Dues and Subscriptions. Borough agrees to budget and to pay the dues of Manager for membership in professional and civic organizations and subscriptions of Manager necessary for his continuation and full participation in national, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Borough, as budgeted/approved by the Borough Assembly. Section 7: Professional Development. A. Borough hereby agrees to budget and pay the travel and subsistence expenses of Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of Manager and to adequately pursue necessary official and other functions for Borough, including, but not limited to, the Alaska Municipal Managers Association(AMMA)and the International City/County Management Association(ICMA). B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and/or reimburse Manager for transportation costs and other costs incidental to such travel, and of a normal and necessary nature. Such expenses would include: hotel rooms, auto rental, taxi fare, and telephone. This section applies to short courses, institutes, and seminars that are necessary for his professional development and for the good of Borough, as budgeted by the Borough Assembly along with all other Borough related travel. Section 8:Indemnification. A. Borough agrees to defend, save and hold harmless, and indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of his employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: f. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to Borough;or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime, which reflects dishonesty. Borough Manager Employment Contract Page 4 of 5 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 196 of 363 AGENDA ITEM #12.A. B. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgment rendered thereon. Section 9:General Provisions. A. This Agreement shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs-at-law and executors of Manager. C. This Agreement shall be in effect for three (3) years or until Manager resigns or is terminated under the provisions of Section 4,above. D. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement or any portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 10: No Reduction of Benefits;Good Faith and Fair Dealing. A. Borough shall not at any time during the term of employment with this agreement reduce the salary,compensation,or other financial benefits to Manager. B. All contract provisions shall be subject to good faith and fair dealing. IN WITNESS WHEREOF,the parties have executed this Agreement effective the 17th day of January,2013, KODIAK ISLAND BOROUGH BOROUGH MANAGER JEROME SELBY�,/Borough Ma or Charles E."Bud"Cassidy,Jr. Date: I �Z-O 2013 Date: / 2$ ,2013 m-yx (/' \ ) SKA1 Borough Manager Employment Contract Page 5 of 5 Approval of Amendment B to Contract No. FY2013-14 To Extend ... Page 197 of 363 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. ORIGINATOR: Dora Cross FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance will align foreclosure sections of borough code with State Statutes and repeal others in favor of established State Statute processes. It will also clarify delivery requirements for tax payments. This ordinance will also clarify the definition of mobile home, and, when the mobile home resides on rented property, it will assign the identity of responsible parties for ownership updates to the borough in order to facilitate tax collections. This will specify any Board of Equalization appeals are to be filed in the Third Judicial District. It will also update any staff titles mentioned in code sections 3.35.010-3.35.160 (i.e. Treasurer to Finance Director). On May 7, 2015, this ordinance was postponed to the next regular meeting of the Assembly. A revised substituted version is attached in the packet proposing removal of the wording in Lines 155-158 that state the following words "if this information is not received by the assessor by February 1, all mobile homes, structures and fixtures situated on the land shall be assessed to the land owner unless the borough otherwise confirms ownership by another owner of record." The motion before the Assembly is to adopt Ordinance No. FY2015-10. It will be necessary to amend the ordinance by substitution. RECOMMENDED MOTION: Move to amend Ordinance No. FY2015-10 by substitution. Kodiak Island Borough Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 198 of 363 AGENDA ITEM #12.B. Introduced by: Borough Manager Requested by: Finance Director 1 Drafted by: Revenue Accountant S U S 2 III I III III III Introduced: 04/16/2015 �� t Public Hearing: 05/07/2015 3 Amended: 05/07/2015 4 III III"VIII N!!!! III NIIIII6 �� Postponed: 05/21/2015 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3 REVENUE 11 AND FINANCE CHAPTER 3.36 REAL PROPERTY TAX 12 13 WHEREAS, the Borough assesses, taxes and forecloses on property pursuant to 14 borough code and state statute, and this ordinance will align this section of borough code 15 with the state;and 16 17 WHEREAS, it would clarify the definition of mobile home and the responsibility of 18 persons subject to taxation;and 19 20 WHEREAS, it would assign the identity of the party responsible for annual ownership 21 updates of mobile homes residing on rented property;and 22 23 WHEREAS, it would clarify the Judicial District to which Board of Equalization appeals 24 are to be made;and 25 26 WHEREAS, it would clarify the delivery requirements for timely and delinquent tax 27 payments;and 28 29 WHEREAS, it would repeal foreclosure codes in favor of establishing the foreclosure 30 process as defined by Alaska State Statutes. 31 32 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH that: 34 35 Section 1: This ordinance is of a general and permanent nature and shall become a 36 part of the Kodiak Island Borough Code of Ordinances. 37 38 Section 2: That the list of sections set forth at Title 3 Revenue and Finance, Chapter 39 3.35 Real Property Tax, is hereby amended as follows: 40 41 CHAPTER 3.36 42 REAL PROPERTY TAX 43 Sections: 44 3.35.010 State law adopted NO CHANGES 45 3.35.020 Property subject to tax. 46 3.35.030 Real and personal property exempted from taxation NO CHANGES 47 3.35.040 Method of assessment. Kodiak Island Borough,Alaska Ordinance No.FY2015-10 Page 1 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 199 of 363 AGENDA ITEM #12.B. 48 3.35.050 Board of equalization. 49 3.35.060 Final and supplemental assessment rolls. NO CHANGES 50 3.35.070 Addresses—Responsibility of persons subject to taxation. 51 3.35.080 Repealed. NO CHANGES 52 3.35.085 Method of determining the assessed value of property that qualifies for a 53 low-income housing tax credit under 26 USC 42. NO CHANGES 54 3.35.090 Property tax billing. 55 3.35.100 Correction of errors. 56 3.35.110 City taxes. NO CHANGES 57 3.35.120 Tax due dates and delinquency. 58 3.35.130 Exceptions. NO CHANGES 59 3.35.140 Late payments—Penalty and interest. 60 3.35.150 Enforcement of tax liens on real property. 61 3.35.160 1ureparction of the foreclosure lisit. Foie a lllr su.uir , 62 :3 35 1 d0 d uubllcLWon of the foreclosure list,,. 63 64 65 3.3t+ 3. 11`44Gc Of deicclGr,u:urc liSt tcr...lIeR 116r3er„ 67 :3 35 22n t knforcer4nent by personal action 68 335230 ereclosuure(proceedings 69 . 70 1144Ge of explii ctue.r4 ed uc eeirl tuerro.,„ 71 3. t+ Mr3 �ee9 to I oireae914 72 73 Section 3: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 74 3.35.020 Property subject to tax is hereby amended as follows: 75 76 3.36.020 Property subject to tax 77 A. All real and personal property situated within the borough that is not exempt under the 78 laws of the State of Alaska, the Alaska Constitution, or the ordinances of this borough, is 79 subject to taxation at a rate not to exceed three percent of its full and true value in money 80 as assessed on the first day of January of the assessment year. 81 1. There is no limitation on taxes to pay bonds. 82 B. A private leasehold, contract, preferential use agreement, or other interest in any real 83 or personal property that is exempt from taxation pursuant to state or federal law, or for 84 any other reason, remains taxable to the extent of the private interest.(AS 29.45.030(A)). 85 C. The following definitions shall apply to this section unless otherwise expressly 86 indicated: 87 1. "Personal property" includes all property, whether corporeal or incorporeal, that 88 is not specifically included in this section's definition of "real property," and 89 includes mobile homes, trailers, house trailers, trailer coaches, and camper 90 trailers, so long as they are not attached to the land or connected to water,gas, 91 electric, or sewage facilities, and are not registered with the State of Alaska 92 Department of Motor Vehicles as rolling stock. Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 2 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 200 of 363 AGENDA ITEM #12.B. 93 2. "Real property" includes not only the land itself, whether laid out in lots or 94 otherwise, but also all buildings, structures, improvements, fixtures of any kind 95 thereon, and also any possessory rights and privileges belonging to or in any 96 way appertaining thereto. The word "tract" includes all lands, pieces, or parcels 97 of land which may be separately assessed, together with fixtures and 98 improvements thereon. "Real property" also includes mobile homes, trailers, 99 house trailers, double-wide-type mobile or modular homes, trailer coaches and 100 similar property,which are used or intended to be used for residential, office, or 101 commercial purposes, and are attached to the land or connected to water, gas, 102 electric, or sewage facilities, except for those mobile homes and house trailers 103 which are held for sale by persons engaged in the business of selling mobile 104 homes. [Ord. FY2014-10 §3, 2014; Ord. 84-16-0 §1, 1984; prior code Ch. 3 105 subch. 1 §2. Formerly§3.20.020]. 106 3, "If ohiillle Ihmm in s," nioire slp diifiiimmWIllly alllassiiifiii d as "nia inumfactumir d Ihma umsiilin " 107 are ailll fm irons of Ipir filbimlicated Ihmm umsiilin tlhmat !!is Illairgelllly ass imrmli led iiiim 108 factoirli s aim imf flhm irm firaim islpoirfeci fay siiifes of use,'The d fiilinliifiiloin m f flhm teirin!!!in 109 the Unliited States!!is it a umlllated Iby f of irM Illaw(Code of IF afar mU Re umlllatiiloins, 110 24 CIFR 3280), Ipairalplhmiras d Ihm it : Manufactured d Ihma ins are lbumiiilllit as 111 dwe'11llllliiiirm¢ a 1niiifs Of at least 320 square feet(30 ni) !!!in size with a Ip Irma ineir't 112 alh assiiis 'to assure the ulinliifiiiM aind coinifiiiirmu ed 'train slpoirtalU iii III Iify of the Ihma imp . 113 The t qumiiii° inein't 'to Ihave a w1heelll d a lhassiiis Ip irina iim iimfllly attached ed 114 diiff it irmrtiates "mainufactumir d Ihmm umsiilin " firm in m flh eir types of Ipir falbirlimmated 115 hma in s,such as i iodumlllair Ihma in s. IFoir purposes s m f flhmiiis code a niolhille Ihma imrm 116 or main ullactu iced I !!is a dweI1llllliiiirm¢ structure r Ibumiiilllf oin a steelll mmlh assiiis aind 117 fitted with w1heellls flh at!!is iiiirmrteinmfed fay lime Ih aumlll d fo a umsumMIllly Ip irina ineir't suite, 118 119 Section 4: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 120 3.35.040 Method of assessment is hereby amended as follows: 121 122 3.36.040 Method of assessment 123 A. All taxable property must be assessed at its full and true value as of the first day of 124 January of the assessment year. The full and true value is the estimated price that the 125 property would bring in an open market sale between a willing seller and a willing buyer 126 both conversant with the property, under the then-prevailing market conditions and with 127 prevailing general price levels. The assessor shall strive to make all assessments fair and 128 equitable. Taxable interests in otherwise non-taxable property, both real and personal, 129 shall be taxed based on the lessee's possessory interest in the property. 130 1. Real property shall be assessed to the owner of record as shown on the 131 records of the Kodiak district recorder; provided, however,that any other person 132 having an interest in the property may be listed on the assessment records with 133 the owner. The person in whose name any property is listed as owner thereof 134 shall be conclusively presumed to be the legal owner of record for tax purposes. 135 If the owner of the land is unknown,such land may be assessed to the unknown 136 owner or unknown owners. No assessment shall be invalidated by a mistake, 137 omission or error in the matter of the owner of real property assessed, if the 138 property is correctly described, and it shall be the responsibility of the owners of Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 3 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 201 of 363 AGENDA ITEM #12.B. 139 the property to keep the assessor properly informed as to their current address 140 and no assessment shall be invalidated on the basis of improper notice if it is 141 shown that the notice of value has been sent to the last known address of the 142 owner of record. 143 2. Personal property shall be assessed to the last reported owner of record as 144 contained in borough records. No assessment shall be invalidated by a mistake 145 or omission or error regarding ownership of personal property. It is the 146 responsibility of the owners of personal property to keep the assessor properly 147 informed as to the current status of their business, whether active or inactive 148 and their current mailing address. 149 3, Oin sir before February°9st of each year, the omr weirs of niolbille h onie Ipairlks 150 sir oth it properties ulpoin whiilch are siiifuated oine sir nioire niolblille h hoes 151 flhmaf do not belloingtothe om ineir oft1he undeirlyling land,shMIlll sulbum iliif fay flhm 152 boar a ghm assessor air 1poirf flhmaf, fay the Ibest of fh iiiir Ikirmowill dge, i!I!deirmfiiifiii es 153 the owineir of it coird Moir each niolblille h onie Illocated oin thellir property, as 154 wellllll as the niailliling adder ss s acrd oflh eir coinfact i!I!inforniafioin fa it those 155 omr weirs If thils unfmmFuauaCGn us...uuai.Fsceuved Ilmy the.-assessmau...limy Illeblicualicy 4..,a 156 157 158 159 u3„4. The assessor may list real property located in any subdivision by lot and block 160 or tract description, and unsubdivided property according to the land office, 161 section and township survey description, or by giving the boundaries thereof, or 162 by reference to the book and page of the records of the Kodiak district recorder 163 where the description may be found, or by designation of tax lot number 164 referring to a public record kept by the assessor of descriptions of real property, 165 or in such other manner as to cause the description to be capable of being 166 made certain. Initial letter, abbreviations, fractions and exponents to designate 167 the township, range, section or part of a section, or the number of any lot or 168 block or part thereof, or any distance, course, bearing, or direction may be 169 employed in any such description of real property. 170 .':C„.,, . A private interest in public property is taxable. When any real or personal 171 property which would otherwise be exempt from taxation because of ownership 172 or control by a federal, state, or municipal government, or by some other tax 173 exempt entity is leased, loaned, or otherwise made available to and used by a 174 private person,such person's interest therein shall be taxed in the same manner 175 as taxes assessed to owners of real property,except that taxes assessed under 176 this subsection shall be a lien only on the interest in the property of such person. 177 Private leaseholds, contracts or other interest in land,or property owned or held 178 by the United States, the state, or other political subdivisions and other tax 179 exempt entities shall be taxable to the extent of the value of the possessory 180 interest. 181 G, The assessor,either personally,or through any designated assistant,shall,after 182 identifying themselves, have the right to enter upon and inspect the premises of 183 any person at reasonable times for the purpose of making an examination, 184 evaluation or assessment of the real property. The assessor or the assessor's Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 4 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 202 of 363 AGENDA ITEM #12.B. 185 agent shall have access to and may examine all property records relevant to its 186 valuation, including but not limited to income and expense statements, rent rolls, 187 leases, pertinent income tax forms, and sale closing documents. Any person 188 shall, upon request,furnish to the assessor or designated assistant every facility 189 and assistance for the purpose of such examination,evaluation,or assessment. 190 c(;w''. The borough shall keep confidential all proprietary records received by the 191 assessor's office, for which there exists a reasonable expectation of 192 confidentiality. Such records may include tax returns, rent rolls, income and 193 expense statements, sales and finance information, and other financial 194 information that is not readily accessible by some other means. 195 B. Contents of Assessment Roll. The assessor shall complete the listing of the annual 196 assessment roll of all real and personal property within the corporate limits of the borough 197 before the last day of February of that assessment year. The assessor shall prepare an 198 annual assessment roll upon which shall be entered the following particulars: 199 1. The names and last known addresses of all persons with property liable to 200 assessment and taxation; 201 2. A description of all taxable property;and 202 3. The assessed value of all taxable property. 203 C. Notice, Publication,and Correction of Assessment Roll. 204 1. The assessor shall give to every person named in the assessment roll a notice 205 of assessment showing the assessed value of his property. On the assessment 206 notice shall be printed a brief summary of the information for the taxpayer;of the 207 dates when the taxes are payable, delinquent and subject to interest and 208 penalty; final dates for appeal of the assessment to the board of equalization; 209 dates when the board will sit for equalization purposes;and any other particulars 210 specified by the borough assembly. The assessment notice shall be directed to 211 the person to whom it is to be given and shall be sufficiently given if it is mailed 212 by first-class mail addressed to, or is delivered at, his address as last known by 213 the assessor. If the address is not known to the assessor, the notice may be 214 addressed to the person at the post office nearest to the place where the 215 property is situated. The date on which the notice is mailed shall be deemed to 216 be the date on which the notice is given for purposes of this chapter. 217 2. When valuation notices have been mailed, the assessor shall cause notice that 218 the assessment rolls have been completed to be published in a newspaper of 219 general circulation, published in the borough at least once each week for two 220 successive weeks. If no newspaper of general circulation is published in the 221 borough, the assessor shall have the notice posted at two public places for a 222 period of two weeks. The notice shall state when and where the equalization 223 hearings will be held. 224 3. The assessor may correct an error or supply an omission in the assessment roll 225 at any time before the sitting of the board of equalization. It shall be the duty of 226 every person who receives a notice of assessment to advise the borough 227 assessor of any error or omission in the assessment of the person's property,so 228 that the borough assessor may correct any errors in the assessment roll. Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 5 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 203 of 363 AGENDA ITEM #12.B. 229 4. Period of Review. The borough assessor or designees may perform reviews of 230 assessed values within 30 days of the date that assessment notices have been 231 mailed. 232 a. A property owner may appeal an assessment of their property to the 233 assessor or designees and upon providing credible information or 234 upon a more in depth inspection and analysis of the property at the 235 owner's request the assessor may adjust the assessment 236 appropriately if found to be in error. 237 b. The property owner may appeal the assessor's valuation to the board 238 of equalization, using forms provided by the borough, within the 239 original 30-day time frame from the mailing of the original notice. The 240 assessor review will not suspend or delay the final date of written 241 appeal to the board of equalization. [Ord. FY2014-10 §5, 2014; Ord. 242 82-33-0, 1982; Ord. 81-47-0, 1981; Ord. 71-4-0, 1971; prior code 243 Ch. 3 subch. 1 §4A. Formerly§3.20.040]. 244 245 Section 6: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 246 3.35.050 Board of equalization is hereby amended as follows: 247 248 3.36.060 Board of equalization 249 A. Membership,Qualification, Duties,Terms. 250 1. Members. The board of equalization shall be composed of five persons, not 251 assembly members, appointed by the assembly. At least one alternate member 252 shall be appointed. 253 2. Qualifications. Members and alternate members should be appointed on the 254 basis of their expertise in real and personal property appraisal, the real estate 255 market, the personal property market, and other fields related to their functions 256 as board members. Each member shall be a qualified voter of the borough and 257 shall remain a resident of the borough while in office. Borough employees may 258 be appointed to serve on the board of equalization unless they are employed by 259 the finance or assessing departments. 260 3. Duties.The board may determine equalizations on properties brought before the 261 board by appellants. It shall only hear appeals for relief from an alleged error in 262 valuation on properties before the board by an appellant. 263 4. Terms of Office. Upon confirmation, members and alternate members shall 264 serve for three years or until their successors are appointed and confirmed. Of 265 the members initially appointed, two shall serve three-year terms, two shall 266 serve two-year terms,and one shall serve a one-year term. 267 5. Hearing Dates.The board shall commence hearings on the first Monday in May, 268 unless otherwise changed by resolution. Hearings will continue from day to day 269 as established by the board and the borough clerk until all properly filed appeals 270 have been heard. 271 B. Chairperson. The board annually shall elect a member to serve as its chairperson. 272 The chairperson may call meetings of the board, shall exercise such control over 273 meetings as to ensure the fair and orderly resolution of appeals, shall make rulings 274 on the admissibility of evidence, and shall conduct the proceedings of the board in Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 6 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 204 of 363 AGENDA ITEM #12.B. 275 conformity with this chapter.A vice-chairperson shall also be selected to serve in the 276 chairperson's absence. If both are absent, the members present shall select a 277 person to preside. 278 C. Appeals to the Board. 279 1. A person whose name appears on the assessment roll, or the authorized 280 representative of that person, may appeal to the board for relief for an alleged 281 error in valuation not adjusted by the assessor to the taxpayer's satisfaction. 282 The authorized representative shall be named by the property owner in writing 283 to the assessor and board of equalization at the time of filing or no later than 284 three days in advance of hearing. The time requirement for providing a 285 representative in writing may be waived at the determination of the board during 286 the hearing if good cause is shown that may include, but not limited to, the 287 following: stranded from Kodiak due to inclement weather, serious medical 288 condition,serious family emergency,or death in the family. 289 2. The appellant shall,within 30 calendar days after the date of mailing of notice of 290 assessment, submit to the assessor a written appeal specifying grounds for 291 such appeal. The board shall prescribe the form in which written notices of 292 appeal shall be made. Otherwise,the right of appeal ceases unless the board of 293 equalization finds that the taxpayer was unable to comply within the 30-day 294 appeal period and grants a hearing to the appellant. 295 3. The assessor shall notify the appellant by mail,and email if provided,of the time 296 and place for the hearing and assign a docket number of appeal. 297 4. If parties to whom notice was mailed as provided herein fail to appear,the board 298 may proceed with the hearing in their absence. All parties, their authorized 299 representatives,and witnesses must appear in person at the hearing. 300 5. The assessor shall prepare for use by the board of equalization a summary of 301 assessment data relating to each assessment that is appealed. This summary 302 shall be provided to the board and made available to the appellant at least 10 303 calendar days before the hearing. Summary of assessment data for late-filed 304 appeals granted by the board will be provided as soon as practicable. 305 6. A city in the borough may appeal an assessment to the borough board of 306 equalization in the same manner as a taxpayer.Within five days after receipt of 307 the appeal, the assessor shall notify the person whose property assessment is 308 being appealed by the city. 309 7. A property owner who seeks to appeal the assessor's valuation,after the 30-day 310 filing period has closed, shall file a letter with the assessor stating the reasons 311 why the property owner was unable to comply with the 30-day appeal period. 312 The deadline to file a late-file request is on April 15th of the current assessment 313 year. Should April 15th fall on a Saturday or Sunday, late filers shall have until 314 4:30 p.m.on the first Monday following to file their request. 315 316 On the next business day following the deadline to file a late-file request or as 317 soon as is practicable, the board shall consider each letter and shall only 318 consider reasons the appellant was unable to comply with the 30-day appeal 319 period. It shall not consider evidence regarding property valuation.The appellant 320 may not make an oral presentation at the hearing. The determination shall be Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 7 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 205 of 363 AGENDA ITEM #12.B. 321 based on the letter and supporting documents. The board shall interpret the 322 term "unable to comply" as meaning that a property owner must demonstrate 323 compelling reasons or circumstances which would prevent a reasonable person 324 under the circumstances from filing an appeal in a timely manner during the 30- 325 day appeal period. 326 327 If the late-file request is granted, the property owner shall have five calendar 328 days from the decision of the board to file an appeal and submit to the 329 assessor's office all documentary evidence in their possession which they wish 330 to be considered and which is relevant to the resolution of the appeal. If the late- 331 file request is denied,the assessor shall notify the property owner of the board's 332 decision in writing. 333 D. Quorum and Voting. 334 1. Quorum.A quorum shall consist of four members. 335 2. Voting. The granting of any appeal or part thereof shall require the concurring 336 vote of at least three board members. Any appeal or part thereof which is not 337 granted by the board shall be considered denied. 338 E. Hearings, Procedures. 339 1. Record. The clerk is the ex officio clerk of the board and shall prepare the 340 board's minutes. The clerk shall keep electronic recordings of the board's 341 hearings per the borough retention schedule. The board of equalization 342 summary certification will constitute the board's minutes. 343 2. Counsel. All parties may be represented by counsel during hearings before the 344 board. On procedural matters, the borough attorney may offer legal counsel to 345 the board in the course of its proceedings. Upon the recommendation of the 346 borough attorney,the board may retain legal counsel from another attorney for a 347 particular matter. 348 3. Appeal Number. Every appeal shall be assigned a docket number which, along 349 with the name of the appellant,shall be read into the record before the hearings 350 on the appeal may commence. 351 4. Burden of Proof. The burden of proof rests with the appellant, who must 352 convince the board by clear and convincing evidence that the assessment was 353 unequal, excessive, improper, or undervalued based on the facts stated in a 354 written appeal or proven at the appeal hearing in accordance with subsections 355 (E)(5) and (7) of this section. If the valuation is found to be too low, the board 356 may raise the assessment.The borough shall make available to the appellant all 357 reasonably pertinent documents requested for presentation of the appeal, 358 including but not limited to documents presented or requested by the board of 359 equalization for presentation of the appeal in accordance with subsection (C)(5) 360 of this section. 361 5. Rules of Evidence. Evidence shall only be presented by the appellant and the 362 assessor or their authorized representative.The board shall not be restricted by 363 the formal rules of evidence; however, the chairperson may exclude evidence 364 irrelevant to the issues appealed. Hearsay evidence may be considered, 365 provided there are adequate guarantees of its trustworthiness and that it is more 366 probative on the point for which it is offered than any other evidence which the Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 8 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 206 of 363 AGENDA ITEM #12.B. 367 proponent can procure by reasonable efforts. The appellant must submit to the 368 assessor's office by April 15th all documentary evidence in their possession 369 which they wish to be considered and which is relevant to the resolution of the 370 appeal. Should April 15th fall on a Saturday or Sunday, appellants shall have 371 until 4:30 p.m.on the first Monday following to submit their evidence. 372 373 This evidence includes but is not limited to purchase and closing documents, 374 appraisal reports, brokers' opinion of value, engineers' reports, estimates to 375 repair, rent rolls, leases, and income and expense information. The board of 376 equalization may in its discretion decline to accept documents offered at the 377 hearing which should have been provided by April 15th. In exercising this 378 discretion, the board shall consider the relevance and probative value of the 379 documents which are under consideration, accepting those documents which in 380 all fairness are necessary to a fair resolution of the appeal. Prior to the board 381 meeting, the appellant and assessor may agree to an extension of time for the 382 production of evidence. 383 6. Order of Presentation.The order of presentation is as follows: 384 a. The appellant shall present evidence and argument not to exceed 385 five minutes. 386 b. Following the appellant, the assessor shall present the borough's 387 evidence and argument not to exceed five minutes. 388 c. The appellant may make a rebuttal presentation directed solely to 389 the issues raised by the assessor not to exceed two minutes. 390 d. The assessor may address the rebuttal by the appellant not to 391 exceed two minutes. 392 Each party shall be allowed a total of five minutes to present evidence and make 393 oral argument. The time limits allotted include presentations from either the 394 appellant's or assessor's authorized representatives, counsels, or witnesses. 395 Additional time may be permitted by the board depending on the complexity of 396 the case. The members of the board may ask questions, through the 397 chairperson, of either the appellant or the assessor, authorized representatives, 398 counsels, or witnesses at any time during the hearing. After both the appellant 399 and the assessor have made their presentations, each may question the other 400 through the chairperson.The chairperson may end the questioning and call for a 401 motion from the other members. 402 7. Witnesses, Exhibits and Other Evidence. The appellant and the assessor may 403 offer the oral testimony of witnesses and documentary evidence during the 404 hearing. At the request of the appellant, evidence submitted pursuant to 405 subsection (E)(5) of this section relating to the assessed valuation of property 406 used in an income-producing commercial enterprise shall be confidential. The 407 assessor and the appellant may stipulate to facts to be presented to the board, 408 provided the assessor has received credible and reliable evidence to establish 409 the facts. 410 411 The only exhibits that shall be admitted into the record at the hearing are those 412 exhibits provided pursuant to subsection (E)(5)of this section. However, at the Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 9 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 207 of 363 AGENDA ITEM #12.B. 413 hearing, parties may use demonstrative or illustrative exhibits; provided, that all 414 such exhibits are duplicates of exhibits or information provided to the board 415 pursuant to subsection (E)(5) of this section. Additionally, witnesses may write 416 on a board while orally testifying to illustrate their testimony. The limitation on 417 the use of exhibits in this section shall not preclude the parties from presenting 418 oral testimony at the hearing. 419 8. Decisions. 420 a. The assessor may recommend changes to the existing value during 421 the hearing. 422 b. After the appellant and assessor have presented their cases, the 423 hearing shall be closed by the chairperson, and no further evidence 424 shall be offered or considered in deliberations unless a member of 425 the board of equalization asks for additional information from either 426 party. Both parties shall be given an equal opportunity to respond to 427 any such requests for additional information. 428 c. The board may decide the appeal after the presentations, or it may 429 defer a decision no later than 30 days after the hearing date. Final 430 board action shall be taken by motions that set out specific findings 431 of fact at the meeting and shall not be reconsidered, amended, or 432 rescinded by the board. Only one motion may be on the floor at a 433 time, and the board shall vote on the motions until its findings are 434 established. The vote must be taken and entered in the permanent 435 record of the proceedings.The motions available for the board are: 436 i. Motion to uphold the assessor's valuation. 437 ii. Motion to reduce the assessment. 438 iii. Motion to increase the assessment. 439 iv. Motion to dismiss the appeal. 440 V. Motion to defer the decision. 441 vi. Or any other motion set out in Alaska Statutes and 442 regulations governing board of equalization appeals. 443 d. No later than 30 days following the hearing,the board shall render a 444 written decision which includes findings of fact based on evidence 445 presented at the hearing clearly stating the grounds upon which the 446 panel relied to reach its decision and advising all parties of their right 447 to appeal the decision to superior court. 448 9. Certification. The board shall certify its actions to the assessor within seven 449 days following its adjournment. 450 F. Further Appeals.Any appeal of a decision of the board shall be made to the Ssuperior 451 Ccourt, 'll"IMmi ird Ju dliiiclIiiM IDiiistriilct, State of Alaslka. No appeal of a board's decision to the 452 superior court may be taken unless the action is filed and the borough attorney is served 453 with notice of such appeal within 30 days following the board's written decision. [Ord. 454 FY2014-10§6,2014; Ord. FY2012-04§4,2011; Ord. FY2011-12§2,2011; Ord. 98-03§2, 455 1998;Ord. 78-21-0§1, 1978. Formerly§3.20.050]. 456 Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 10 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 208 of 363 AGENDA ITEM #12.B. 457 Section 6: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax and Chapter 458 3.35.070, Addresses — Responsibility of persons subject to taxation, is 459 hereby amended as follows: 460 461 3.36.070 Addresses—Responsibility of persons subject to taxation 462 It shall be the responsibility of every person who owns or controls real or personal property 463 subject to tax by the municipality to file with the office of the assessor the address where 464 he will receive notices, bills, or other correspondence regarding taxation. No person shall 465 be excused from paying taxes or penalties thereon for the reason that he did not receive a 466 tax notice, bill, or any other correspondence due to an improper mailing of assessment 467 notice, billings, or other correspondence. "Me owneo-.s of nioli liillle Ihmonnes Illocated wiitlhmiiiin 468 molblille h oni i or Firm lair d not owined Ikzy the niolblille h oni owineir, are not 469 exenilptedfironithe t qu.uiiiir mints of thins s ctiion, irio,twliflhmsf irmmfilirm9 fh Ipirovilii sill oins sit 470 forth of section 3,36.040(A)(3). [Ord. FY2014-10 §7, 2014; Ord. 78-21-0 §4, 1978. 471 Formerly§3.20.062]. 472 473 Section 7: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax and Chapter 474 3.35.090, Property tax billing,is hereby amended as follows: 475 476 3.36.090 Property tax billing 477 The d1iiirectoir, upon receipt of the certified assessment roll and with the 478 millage rate established by the assembly, will cause to produce property tax bills for all 479 property owners of record.These tax bills will be mailed to the most recent address on file. 480 [Ord. FY2014-10§8,2014;Ord. 82-7-0, 1982. Formerly§3.20.085]. 481 482 Section 8: Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax and Chapter 483 3.35.100, Correction of errors, is hereby amended as follows: 484 485 3.36.100 Correction of errors 486 A. Correction of Error in Billing of Penalty and Interest. When it is shown to the G4=El' 487 �4sGad cU'lGei� fiilinaip ce d1iiirectoir that a taxpayer has been billed erroneously for tax, tax 488 penalty, or interest because of administrative error by the borough, the 489 fiil inaipmce mfiiiirectoir may adjust the tax bill accordingly. 490 B. Correction of Errors in Assessment. The assessor may correct errors or omissions in 491 the roll before the board of equalization hearing. No changes to the roll can be made once 492 the board has certified their actions except: 493 1. The assessor may correct a manifest clerical error in the assessment roll at any 494 time.A manifest clerical error is a typographical, computational, or other similar 495 error readily apparent from the assessment notice, tax statement or other 496 borough tax and assessment records and made by a borough employee in the 497 performance of typing, record keeping, filing or other similar duties. A manifest 498 clerical error does not require extrinsic evidence to make it clear. 499 2. The assessor may correct an omission of the roll as described in KIBC 500 3.35.060(C)at any time. 501 C. All rights provided by this chapter, including but not limited to rights to appeal and 502 times for making payments, shall be reserved to the person receiving a corrected Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 11 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 209 of 363 AGENDA ITEM #12.B. 503 assessment or tax bill as of the time the new assessment or billing is mailed. [Ord. 504 FY2014-10§10,2014; Ord.82-7-0, 1982; Ord.78-21-0§3, 1978. Formerly§3.20.086]. 505 506 Section 9: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 507 3.35.120 Tax due dates and delinquency is hereby amended as follows: 508 509 3.36.120 Tax due dates and delinquency 510 Taxes are due when billed. If payment is by a single payment, such payment must be 511 p16mysiiiaWIllly received in the lboir um¢ Ihm finance office oin or Ibefoire fiifi"teein clay of October iilin 512 the year iilin w1hiiimmlhm taxes are IIloviiied, or postmarked by the United States Postal Service 513 Q4Ge(USP wU), not metered machines, pi�lor 4)a:G.1a 449114.-ere or d4e�oire()Gto yea 4,1)"'' by the e 514 clue elate Taxes levied in any given year may be paid in two equal installments. If the 515 taxpayer elects this option, then the first half is delinquent unless it is 4@ 516 PlhmysiiiaWIl11y irecelllved II the borough office or postmarked by the USPa` S, not metered 517 machines,prior Uri reridnIgM on or before the fifteenth day of August in the year in which the 518 taxes are levied. The second half of the taxes thus levied is delinquent unless it is 519 delvered k) IPlhmysiiiaWIl11y irecelllved II the borough fiilinaipmce office or postmarked by the 520 USP S, not metered machines, pner to r::ik44914 on or before the fifteenth day of 521 November in the year in which the taxes are levied. If the annual levy is made on or after 522 the first day of June, the borough assembly may by resolution establish a later 523 delinquency date. Taxes normally become delinquent after the dates mentioned in this 524 section. [Ord. 99-02§2, 1999; Ord. 88-30-0, §2, 1987; Ord. 84-24-0, 1984; Ord. 82-33-0, 525 1982. Formerly§3.20.088]. 526 527 Section 10: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 528 3.35.140 Late payments — Penalty and interest is hereby amended as 529 follows: 530 531 3.36.140 Late payments—Penalty and interest 532 If the first payment is not paid when due, the entire tax becomes delinquent and subject to 533 a penalty of 10 percent of the entire tax and interest shall accrue on the unpaid principal 534 balance, excluding the penalty, at the rate of 12 percent per year. If the first payment is 535 paid when due but the second payment is not paid when due, the unpaid balance of the 536 tax becomes delinquent and subject to a penalty of 10 percent of the unpaid balance, and 537 interest shall accrue on the unpaid principal balance, excluding the penalty, at the rate of 538 12 percent per year. Partial payments shall be applied first to accrued penalties, then to 539 interest, then to principal. Notwithstanding the acceptance of partial payment, the unpaid 540 balance remains delinquent and the lien therefore enforceable in accordance with law. For 541 the purposes of this section, a payment is paid when due only if it is physically received in 542 the lboir um¢ Ihm finance office by the due date or is postmarked by the �Uinliited States 543 1 Service, beet me�tei ed HGlaG417ek4,...pner 4e. ro-r4449 4 on or before the due date. 544 Payrneints it celllved afteirthe clue elate tlh at 1I a Ipostvinairlk gein ire ted II a nieteir d 545 u°mm m lhiiline tlh at !!is not iilin the IPA ss ssiiloin and cointroll of the U nliited States IPA s'UaU 546 Service s1hmW111 15e mUe unecl dellliiiipmq,umein't [Ord. 99-02 §2, 1999; Ord. 93-36 §2, 1993; Ord. 547 86-25-0, 1986;Ord.82-33-0, 1982; Ord.80-22-0§1, 1980. Formerly§3.20.090]. 548 Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 12 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 210 of 363 AGENDA ITEM #12.B. 549 Section 11: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 550 3.35.150 Enforcement of tax liens on real property is hereby amended as 551 follows: 552 553 3.36.160 Enforcement of tax liens on real property 554 A. Real Property Tax, Lien, Date. Taxes on real property are a prior and paramount lien 555 on the property upon which the taxes are levied. The lien includes any penalty or interest 556 which may accrue from the delinquency date. The lien attaches on the first day of the tax 557 and/or assessment year in which the taxes are levied. 558 B. If the tax on real property is not paid when due,the ;tea Iboir ugh may enforce a 559 lien on the tax by the sale of the property assessed after foreclosure in the special 560 proceedings provided for by the Alaska Statutes, by order of the superior court of the 561 district where the property assessed is located„,with the exception t16mat dellliiiinq,uein't real 562 praolgorfy faxes faor nioldiiilllo Ihmaonies flhmaf are located aoirw lair d flhmaf !!is not aowined by the 563 niolk liilllo Ihmaoo- ie's rowineir rof irecoird niay Ido einfroireed by a IForsroipnai ictililloipn against the 564 dell i!I!nquoir't fax1payor brought iiiirw the diiisfriilat or su 1perliaor court, iiiirw acid!!iifiiiaoirw 'to aofhor 565 reniediiies aoailllaldlllo fao oirwrfaoree tlhme Illiiieirr. 566 C. If the tax on a leasehold interest in a tax exempt property is not paid when due, the 567 borough may enforce the tax by a personal action against the delinquent taxpayer brought 568 in the magistrate or superior court, in addition to other remedies available to enforce the 569 lien. [Ord.84-1-0§1, 1984;prior code Ch.3 subch. 1 §9. Formerly§3.20.100]. 570 571 Section 12: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 572 3.35.160 d rolaaratrara a�...-t479 4�c*ae4oao-dra... (o-dt. Foreclosure, is hereby 573 amended as follows: 574 575 3.36.160 RicepaFatiGn of-tllm foroollcsuuuce...11usi Faorealllaosuro 576 theR 41e LWFeMl.aly elleatS to Ir)roeeed a:Ir7der 41e Alasl,tia.- Wk 4es to er4oree the...11ere of 577 taxe,�agalr4st real Iprolbei 4y, the treasaa Irer-;!hall, viltlllr7 sa 44 blade as the asseairhly-direets 578 a„irade uajp a roll ir4 daslblrea�te of all peal Iprolper4y;su 1 ;eet to d'oreelo,aaWe :P he s14811 ellorrr 579 the ramie of each person appearing on the latent tae roll as thee-owner of tae delinquent 580 pir eaeigyr a deaaaGFlP40ae E4 eaedl ;aaolberh;r....as rt appears Gr4 the latest taa roll, 41e year 01 581 yeare for vililGh tdre taxe��are delG.r4g7 ser4t the aro-ror.,aae4 of gellrequaer7t..:t8,KeS for eaeh year ar7d 582 penalty arrrl interest thereon accruing the day six nior7Uis after the day of dellnqaency of 583 taxeua of khe latest year C::he treor�s�i er shall eaedorse oR the roll a-eeihrfreate...wa(Aer dile har7d 584 585 aoroasgdl..aor thee-years showra f Ih.e roll shall be hr4.ovira ae khe loreello,�re 4i t of the lboreas91.4 586 f'or the-year lre whreh 4 art. rrrade.Wp; RR(4 khe 04944 of r4-shall l.ae frled IA1414 the allerlu and 587 remalr7..oper7 to-lr4speetlore l.ay khe Irbual.alie,...; rd 92-4 y1, :1-P92:1 ;arbor Bode...Qiw 3 waa 44Gli c1. 588 §1d l ornierly§.4 2n 1101 589 A. The Iboirouau¢ Ihm slh M1111 Igo-molgao-mo airw air inuauall faoired11aosuauire Illiiisf Ipuauo-.suauairwif fao XS.29,46.330, 590 B. The Ipiroviiisiill oirws aof XS.29,46.330 flh irouau¢ Ihm 29,46.490 alplpllly fao 1boirouau¢ Ihm dellliiiirwquauen't 591 graolgorfy fa)u faoo-mourlllaosuauires. 592 C, The Iboirouau¢ Ihm slhmal1111 not faoirealllaoso against property flhmaf iiif Idirwaows Ihmas Iboairw 593 deteinniilined by a Ilederai state or IllrocM agein uy fro Ido coip'tanniilinated or i fro 594 coirwrfaiin hazardous ardouaus niaforiiialls subject t 'to re uaulllafiiiaoirw by a Iled hall, state or Illaoew Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 13 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 211 of 363 AGENDA ITEM #12.B. 595 goveirinnnein't, The Iboirou gh niay proceed with a peirsoinW actioin as the 596 dell!I!nq uoin'tta)(1paye irto coll III eattlihe tax,costs, Ipeirwaity air d lin'teirest, 597 598 Section 13: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 599 3.35.170 Publication of the foreclosure list is hereby repealed: 600 601 336.470 1112ublicatlaii!;afthe faiaoclQsum ist 602 A4eF 111e eompetion of the foiceclo.swe k+ the WeaosweF shall, uwdeF Whe dbeetion of the 603 604 0l qeReFal GiFGHl4GIR iR khe b0F0H9b d(e,41914ated i the asSeMbly;a R4&e a� r4der khe har4d 605 606 cornjple11e arvJ open for p flblic insjpec4lon a4 Hhe office of the clerk, and that on a day certain 607 neh leure tbar4 39 days a4eF khe 1IRL�I `)HbIIGL4I0R OF postlr4q, where postlr4q IF,as 414014&ed oi'„ 608 the R4Ge,the f0FeGk,)sHFe list will be po�ser4ed k)khe swfnei�lor Go, �4 of IuoJqr:iier4t ar4d order 609 of sarne [()rd 824 0, 1982, prior code Ch 3 subch I §I I l::orimerly§3 20 1201 610 611 Section 14: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 612 3.35.180 Notice of foreclosure proceeding is hereby repealed: 613 614 3;36w480 1114atics QffaroolIGsuice picacesding 615 A On Uie day designa4ed in the noke provided herein, a cei-Wied copy of the 616 foiceclosrwe list togeflheF w4h a petition for jrmdgr:nen shall be )Fesenr ed ic the sjseFor 617 618 the felFeGIGSHFe llF4 irr a-Re1A1ej)8j)eF of qeReFaI GIFGWIL41on in the porow9b der49nated by khe 619 assernbly i he f irsit I-A flblication shall be made on the day of the f il Ing of the I sit and pe4!4Ion 620 he price charged by Hhe newspaper shall be at Hhe rate Marc by laws 1 he p lbllcLWon 621 of the 144 IF, s4riGier4 seFVlee OR each IPerFsorr RLWiRg an iRterer,4 irr the 622 w4blr4 10 days a4ertbe r:Rall Ito eaGb 623 pei sor4 k) whom a 4raG4-II a asse��sed, at 14le as4 kr4owr4 addee�F, a notice d(eo)Fl1,)IR9 khe 624 pi�efnei-ty and khe ar:iieasr4 dwe ae sWed or4 the foi�eeloswre I stw 625 1:1 in the evenit there is no newspaper being published in the bororqh, the assenibly 626 Hlay, lRetead 0l I)HbIIGL4Ior4 in the r4e'osjpafner, -x'M4 the 144Ge RR(4 is4lFeGIGSWIFe list at the 627 fFORt(40OF Of khe Post 0ff!Ge RR(4 khFee other GORepEA sGWS IA 44ile paces With!R the bGFGa 628 1 h positing of the foreclosrmre list is sufficient service on each person initeresited in the 629 prefnei-tyw II I,, 4 khe notice IS ')0w4ed, the qFeLWwee� sball, w4blr4 44 days a4er the 630 posting; r:inail to each peFson to whom a ticaot Is assessed, at his lent li'mown address .a 631 R(Alee d(eo)F!1�4R9 the PR)pei-ty and the ar:iieasr4t dwe as stL4ed or4 khe fereekmAwe l4 4,. 632 Qw 41 persone owr4ing or GlalmlRq irr4edFer,4 in ')FOlPe4y lRGlWded in he f0FeGIGSWFe list aFe 633 634 prior code Ch 3 srmbch .1...§12 l::orrnerly§3 20 1301 635 636 Section 16: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 637 3.35.190 Clearing delinquencies before sale is hereby repealed: 638 639 136AS6 Clsalhi!;q dolli!;quencies beftice sacs Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 14 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 212 of 363 AGENDA ITEM #12.B. 640 A if 41-Fe 4reasrwer receives delinquenit tax Ivayrerents at least one week before the'filing of 641 the loreelosr we 144 and petition„ the treassrweF shaf l reo„:rove the fecopeAy lceo„ir both..:Whe list 642 sue,, - 643 9w llr4 lr4q the pwlih reatlon or Irxm fling oP the loreoke,wre list arrd a:sp 4o the...flro-e oP sAale,..a 644 peisorr r ay pay the taxes, together with the penal4y ar4d lr 4ererq arrd..-a Iv ro;aer4rosra4e 645 share e1.Uie costs of Ivrflbloeatoon and foreclosure f he treasrwer shall nialke a no11 lon of 646 the Ivaor errt on both the original dellr7q.aer 4 tall,roll and loreelor'�wre lls4 [r4: 924 Q0 647 49824 (prier code Ghw 3 s4behw 1 §43 d oicrrei Ii§3,r24 1 fgl.,. 648 649 Section 16: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 650 3.35.200 Notice of foreclosure list to lien holder is hereby repealed: 651 652 136400 I16satics-cf f aroolIcaeuce I1-1i-a4 tc IIllion Ilssalldoic 653 Aw Ad holder ol:..a rrrortgage er....oidher-reeorded..-lrerr er7...real property sGFay 4le...w4h khe 654 toeasrwer a reques4 flhx4 no lcc of a foreclosure-lis4 which includes the -real property in 655 which he has a lien be given to hlror f he regrmes�4 shall eao„roan„r the o„rarore and address oP 656 the person Piling 4, the deseroln41on oP the gropehy, the nar�e of the owneic-and the date of' 657 expliatror4 oP the.-lrerr II4o�tdee r4eed not Ibe._giverr after ear;aGliGatlon of the liesr.r.mess,a 4wther- 658 Fedasek 4 f'or r4 4Gee is, Pled If the Illerr holder 4WRlshes a (4o4liea4e Gf his,regrre;4 for notree, 659 the treasurer shall certify on of to the filing and re4 win of to the person rnalring the request 660 d t Whenever property described in the-reques4 for notice is included in a-foreelosure lost, 661 the toearusrweF shall send-saro4te„r notice by registered rirall to the lien holdeiaw At the:tor:ne oP 662 r:ilarlirrg the r4e4Gee, the P easwrei shall note that fact irr rrr4 rr the la4est taar moll olppes4e the 663 deseriln460rr of khe InF0Ine14y f he-notation in the tax cell !F,pi ieila -faeie evlderree khat khe 664 notoee was resoled Where the sarere Hen holder has filed regiments for notice err..ove or 665 more properties....inckmded irr a Ioreelosrwe list, one notice may be resoled covering all 666 aio;aeidders ;d1rd,.-64-A d,, ..'4992 PFIOFeede..d"I7 h e4bGhw 1 §44w l 01FRFerly"'l w2Q 1dudl,,. 667 668 Section 17: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 669 3.35.210 Apportionment of costs is hereby repealed: 670 671 136410 c4 aast!rs 672 A toreeda.sHFe arr.d Ip4blroatror4 tree, as set by iesok 4lorr OP khe a,:ei4iL y, will be added to 673 each prell on the foreelosuwe lost Dhe in en of 4Ir'is lee is to cover all costs of 674 �pr r s iea4ios air lei ee orr,re r -td_dM r .d, tdd;. 0 Fror code F d.;a s e F : � � -ora area y 675 §34 20 1c:ad0..,, 676 677 Section 18: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 678 3.35.220 Enforcement by personal action is hereby repealed: 679 680 0 36w 400 IV nftFoongont by peiFs.c.u,;W aatiGn 681 A he ro-q 8 148ger array,-a4 any 44s:111e;anoF'ko eXeer46orr 0P deed to I)014)asg14 Fesirove prolner�ty 682 f'rosir the toreel )SHre lrF4 When khe frlRaRG!al berre'di4F, of PeFeGk,)sasGFe are eXeeeded by khe 683 684 bormym h shall Hherealter eollce4 any real property 4ar:es dime, plr:*; penalties, costs and 685 4 4ereks4;..by a i aetrosr a98€11R„At the..11andoYAReFw Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 15 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 213 of 363 AGENDA ITEM #12.B. 686 14 the ti4le to any pralcer4y which is reiniased firorn the f`oreclosia re list after a decree of 687 f'ereclosa e has been entered shall reweA to 4he IpaFtles ent4led Whereto:: ocd 39 03 §2 688 131& a'drd 90 .38.+§ 13190 I oicFne ly?y.3 20 i o a, 1:: 689 690 Section 19: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 691 3.35.230 Foreclosure proceedings is hereby repealed: 692 693 2 2d 230.II s cocIfcsuauca IIi�lw acesd4.ngs 694 :Pie borow9h shall hrirR4.-eree 3elReral ;areeeediae4 to fereGkme e khe We lreres a4alre.4 each oif 695 the prelae 4reka lreclasded €GAR the ferecle;aawe 144 I IIhe ;aerated„R whoa'e reariie.--apjpears are khe 696 la4es4 to* Fall as 4he oviner of a property desecibed shall be eansidered the owner of the 697 property: 698 699 QF khe day of the f lrs4 hs4blaea4aer7. a ceid4led cehstiy.of the fdFecle,atHFe l44 shall be I-sretaeae4ed 700 to the superlor..court, :together.wvi4h a petition (praying for a lud4riienit ared .decree 701 foreclosing the We lieres...:ihe deieelos, we-proceedings doF:the eF4o eer:neno of We (lens an 702 real IpicopeAy shall eero ply with 4he I)Feeislons ed Adla.Alra lows IsFere4y lin feree or as 703 a4ie+4Je44- 704 705 All real properties geld 4o Hhe borough amnder the (provisions of Hhe Alaska dtakltes shall be 706 held by Hhe borough for one year Irani Hhe date of lud4rrient and decree of fereedosawe, 707 aweless sooner Fedeer:ned,w N4rwbid...the one year pened, a 2eFson having an bio4 Fewt lin the 708 srepeidtir„...a4 the date of the Ited4a:GiierRt ar7d...decree...of fereckmAwe, or aiRy helr or deedsee oif 709 710 dds4nct or public a&Hty diitrlc4 l a Hen are Hhe property may-redeern the (property by 711 paying Hhe arnca,mnit applicable amnder the jadgnienit and decree with init res4..as (provided by 712 lawn ar4d the ce.4., Gb ai 4ed adalres4 khe pirepertyw I uroperhy .redeero-ied is stab. ect 4e 713 714 ;an+a4e-o wreershilr A peG=serR I4e1drae4 a rrie14484e...OF etheGF IlerR ef..,.recerd, Govern„R4..a Iae.Grt 715 erRly ef..-a parcel- of real property raeelasded rae 4as4drFeae4..arsA (Aeeree of f�elFeclesHGFe, aiiay 716 redeem-flat part by paying the prat ,)rtiodnate aniounit applicable ureder the jamd4rnenit and 717 r3ecree [IlllFlo r cede Qb w 3 sral.acli :4 §14r PZ0F14F ealy§3:29:4 yQ]:: 718 719 Section 20: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 720 3.35.240 Effect of redemption is hereby repealed: 721 722 8 26 240 Il ff ct Qf ucedewsialla4tsa.u,,,i 723 ::I die reoerpa of khe redeailptreae aiaerRey,by the 4FeLWWreF elceGFateta 4e.-GRhea.Ae.-all claiIMS of the 724 ieoasgb..rar7der the 4w4qiFFer4 of fAleeleaar.re 4e the pirepeudy redeeriied f41e 4reasa��s�reF, OiF 725 receipt of the redenipition money, shall iriiriicd'iately riialie Hhe proper lincrcase lin Hie 726 reeordtr-ef his ef4ice showlin4 that the picopeihy has been Fedeerd ed fFordi the sale of 4he 727 boirotsgb- arsA be shall ..delrwer.:k) the 1perseae..re(Aeeai4re.4 the Iarel er4y....a certrfuea4e Of' 728 redeaiils�tdeae f he...cerditieate Shall..eereWrae...a deto)41a44e14 Of the Prelaer4y Fedeeaiied, the toWl 729 730 he cer4dfdcate shall lie signed by Hhe treaswer and shall be filed by the rederi ptioner with 731 the reG0144er WbGh erR IPatir+.rrieae4 0f the reG0Fdrae4 �ee, Shall...ed„Roar 4he...eeid4rea4e a„R 4h.e...IFFeIser Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 16 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 214 of 363 AGENDA ITEM #12.B. 732 records of his office fhe clerk of flhe court shall then file:flhe cei-Wicate of rede„er,aion as 733 paid el 411e I�edgru e„7t Fell iro 41re lereclws, Fe IsFoeeedings ;Ord 82 i... 14 82: Irkroer cede QIF. 734 n 735 736 Section 21: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 737 3.35.250 Notice of expiration of redemption is hereby repealed: 738 739 136460 Notice..ci"expliratiGn of...uedon4liAlaiu,,,; 740 Not earl-lei than-4d datirs lselere 4he exfeii a4lore of the ceder:iij41or7 Iperaed, the Veasasi�er shall 741 ;a�44s4F..-a ceder:ii1btier7 period ke(felFataer7....RGtlee....Phe 14e�tace 814L ll eent8€114 the date of 742 jr dgr:nenro the do4e el e*jsiication...of the period ed....reder:njstlen and a warming to Whe effeet, 743 that all properties ordered sold rmnder flhe,ludgrilent, ur less redeeinied, shall be deeded 4e 744 the boiFoa.gh aro-r:iFedaa4eld or, exp!FL 410re of the Iperled of redero-p; ler� ar7d 414a4 evenr.-G�lg4F4 or 745 4 4eaekq of ahy perser7 lre kre I-*opeatles shall he lede4ed loiGever to the hole oaglr 44Fe r4 4iee 746 shall be I-Afl lashed acne a week for four consecMive weeks in a newspaper of general 747 748 roo4ice by eeFt4ied rirail to cash cecard owneF of fecorkei3y against wheror a ;r dgr:ne„o4 of' 749 G'ereGk,)S4Fe has heeR tall 441e_r4otaee will he ro-ailed wlthlir7 dive daye of f4rs4 Ip4blaea4ler7 4e 750 the last...addae,r;�; of receFd of 4he Irrelber4d...o r7er 11re ng44 of rederiipv lor7...explies :39 dads 751 utter the date of first pr flblication of flhe no ice [Ord 82 d--O, 130 �Ord d4--:1 1--0§1, IW,4 752 {ener cede CIF 3 srmbch 1...§,16 I eirrircrly§3 20 13161.,, 753 754 Section 22: Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 755 3.35.260 Deed to borough is hereby repealed: 756 757 146466 Il..tced 4!c bQFougllr 758 N,,tlbore f4l€lr4g I-*oo� of ;a4i4GL41en-et nataee el esl4a4len el redeairla�4ieae, 4he PFGPeid4ekr rout 759 redeerk ed w4hlr4 khe eree-;rear period shall he deeded 4e khe L)0FGHg14 h ahe elei*' of the 760 761 rekerr et,,.Gor4ra:Gi.Fatier7 of the rral.e...OF Gf the deed,ke 4he LK)FO Wgil le ReeeSSaryw IlllrielF cede 762 CIF 3 coach 1 §:19 I en„rely§3 2n t ddl.: 763 764 Section 23: This ordinance will take effect upon adoption. 765 766 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 767 THIS DAY OF 2016 768 769 KODIAK ISLAND BOROUGH 770 771 772 773 ATTEST: Jerrol Friend, Borough Mayor 774 775 776 777 Nova M.Javier, Ml Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2015-10 Page 17 of 17 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 215 of 363 AGENDA ITEM #12.B. Alaska Statutes: Title 29 Municipal Government 2014 Updates from the 28th Legislature 2"d Session: January April 2014 AL Ew Sean Parnell, Governor State of Alaska Susan K.Bell, Commissioner Department of Commerce, Community, and Economic Development Lawrence Blood,Acting Director Division of Community and Regional Affairs Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 216 of 363 AGENDA ITEM #12.B. Sec.29.45.330. ALASKA STATUTES Sec.29.45.350. action against the delinquent taxpayer brought in the district or superior court,in addition to other remedies available to enforce the lien.(§ 12 ch 74 SLA 1985) Sec.29.45.330.Foreclosure list. (a)A municipality shall (1)annually present a petition for judgment and a certified copy of the foreclosure list for the previous year's delinquent taxes in the superior court for judgment; (2)publish the foreclosure list for four consecutive weeks in a newspaper of general circulation distributed in the municipality or,if there is no newspaper of general circulation distributed in the municipality,post the list at three public places for at least 30 days; (3)within 10 days after the first publication or posting,mail to the last known owner of each property as the owner's name and address appear on the list a notice advising of the foreclosure proceeding in which a petition for judgment of foreclosure has been filed and describing the property and the amount due as stated on the list. (b)The list must be arranged in alphabetical order as to the last name and shall include (1)the last known owner; (2)the property description as stated on the assessment roll; (3)years and amounts of delinquency; (4)penalty and interest due; (5)a statement that the list is available for public inspection at the clerk's office; (6)a statement that the list has been presented to the superior court with a petition for judgment and decree. (c)Completion of the requirements of(a)of this section constitutes and has the same force and effect as the filing of an individual and separate complaint and service of summons to foreclose a lien against each property described on the foreclosure list. (§ 12 ch 74 SLA 1985) Sec.29.45.340.Clearing delinquencies. During the publication or posting of the foreclosure list and up to the time of transfer to the municipality a person may pay the taxes,together with the penalty, interest,and costs.The collector shall note payment on the foreclosure list.(§ 12 ch 74 SLA 1985) Sec.29.45.350.List to lienholder. A holder of a mortgage or other lien on real property may request the clerk to send by certified mail notice of a foreclosure list that includes the real property.(§ 12 ch 74 SLA 1985) 158 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 217 of 363 AGENDA ITEM #12.B. Sec.29.45.360. ALASKA STATUTES Sec.29.45.400. Sec.29.45.360.General foreclosure. A municipality shall bring one general foreclosure proceeding in rem against the properties included in the foreclosure list.If the owner is unknown,the property is proceeded against as belonging to"unknown owner." (§ 12 ch 74 SLA 1985) Sec.29.45.370.Answer and objection. A person having an interest in a lot on the foreclosure list may file an answer within 30 days after the date of last publication,specifying the person's objection.The court shall make its decision in summary proceedings.The foreclosure list is prima facie evidence that the assessment and levy of the tax is valid and that the tax is unpaid.(§ 12 ch 74 SLA 1985) Sec.29.45.380.Judgment. The court shall in a proper case give judgment and decree that the tax liens be foreclosed.It is a several judgment against each lot and a lien on each lot.(§ 12 ch 74 SLA 1985) Sec.29.45.390.Transfer and appeal. (a)Foreclosed properties are transferred to the municipality for the lien amount. When answers are filed the court may enter judgment against and order the transfer to the municipality of all other properties on the list pending determination of the matters in controversy.The court shall hear and determine the issues raised by the complaint and answers in the same manner and under the same rules as it hears and determines other actions. (b)The court clerk shall deliver a certified copy of the judgment and decree to the municipal clerk.The certified judgment and decree constitutes a transfer to the municipality. (c)The judgment and decree stops objections to it that could have been presented before judgment and decree.Appeal from a judgment and decree of foreclosure,or from a final order in the proceeding,may be taken in a manner provided for appeals in civil actions.(§ 12 ch 74 SLA 1985) Sec.29.45.400.Redemption period. Properties transferred to the municipality are held by the municipality for at least one year.During the redemption period a party having an interest in the property may redeem it by paying the lien amount plus penalties,interest,and costs,including all costs incurred under AS 29.45.440(a).Property redeemed is subject to all accrued taxes, assessments,liens,and claims as though it had continued in private ownership.Only the amount applicable under the judgment and decree must be paid in order to redeem the property.(§ 12 ch 74 SLA 1985) 159 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 218 of 363 AGENDA ITEM #12.B. Sec.29.45.410. ALASKA STATUTES Sec.29.45.440. Sec.29.45.410.Effect. Receipt of redemption money by the municipality releases the judgment obtained under AS 29.45.380.The cleric or the cleric's designee shall record the redemption and issue a certificate containing a property description,the redemption amount,and the dates of judgment and decree of foreclosure.The cleric or the cleric's designee shall collect the recording fee at the time of redemption and shall file the certificate with the record as part of the judgment roll.(§ 12 ch 74 SLA 1985) Sec.29.45.420.Additional liens. If a property included in a foreclosure list is removed after payment of delinquencies or redemption by another lienholder, the payment represented by receipt for payment constitutes an additional lien on the property,collectible by the lienholder in the same manner as the original lien.(§ 12 ch 74 SLA 1985) Sec.29.45.430.Possession during redemption period. Foreclosure does not affect the former owner's right to possession during the redemption period.If waste is committed by the former owner or by anyone acting under the permission or control of the former owner,the municipality may declare an immediate forfeiture of the right to possession.(§ 12 ch 74 SLA 1985) Sec.29.45.440.Expiration. (a)At least 30 days before the expiration of the redemption period the cleric or the cleric's designee shall publish a redemption period expiration notice.The notice must contain the date of judgment,the date of expiration of the period of redemption,and a warning that all properties ordered sold under the judgment,unless redeemed,shall be deeded to the municipality immediately on expiration of the period of redemption and that every right or interest of a person in the properties will be forfeited forever to the municipality.The notice appears once a week for four consecutive weeks in a newspaper of general circulation distributed in the municipality.If there is no newspaper of general circulation distributed in the municipality,the notice is posted in three public places for at least four consecutive weeks.The clerk shall send a copy of the notice by certified mail to each record owner of property against which a judgment of foreclosure has been taken and,if the assessed value of the property is more than$10,000,to all holders of mortgages or other liens of record on the property.The notice shall be mailed within five days after the first publication.The mailing shall be sufficient if mailed to the property owner and to the holder of a mortgage or recorded lien at the last address of record. (b)The right of redemption expires 30 days after the date of the first notice publication. (c)Costs incurred in the determination of holders of mortgages and other liens of record and costs of notice publication incurred by a municipality under(a)of this section are a lien on the property and may be recovered by the municipality.(§ 12 ch 74 SLA 1985) 160 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 219 of 363 AGENDA ITEM #12.B. Sec.29.45.450. ALASKA STATUTES Sec.29.45.470. Sec.29.45.450.Deed to borough or city. (a)Unredeemed property in the area of the borough outside all cities is deeded to the borough by the cleric of the court.Unredeemed property in a city is deeded to the city subject to the payment by the city of unpaid borough taxes and costs of foreclosure levied against the property before foreclosure.The deed shall be recorded in the recording district in which the property is located. (b)Conveyance gives the municipality clear title,except for prior recorded tax liens of the United States and the state. (c)If unredeemed property lies in a city and if the city has no immediate public use for the property but the borough does have an immediate public use,the city shall deed the property to the borough.If unredeemed property lies in the borough outside all cities and if the borough does not have an immediate public use for the property but a city does have an immediate public use,the borough shall deed the property to the city. (d)A deed is not invalid for irregularities,omissions,or defects in the proceedings under this chapter unless the former owner has been misled so as to be injured.Two years after the date of the deed,its validity is conclusively presumed and a claim of the former owner or other person having an interest in the property is forever barred.(§ 12 ch 74 SLA 1985) Sec.29.45.460.Disposition and sale of foreclosed property. (a)The municipality shall determine by ordinance whether foreclosed property deeded to the municipality shall be retained for a public purpose.The ordinance must contain the legal description of the property,the address or a general description of the property sufficient to provide the public with notice of its location,and the name of the last record owner of the property as the name appears on the assessment rolls. (b)Tax-foreclosed property conveyed to a municipality by tax foreclosure and not required for a public purpose may be sold.Before the sale of tax-foreclosed property held for a public purpose,the municipality,by ordinance,shall determine that a public need does not exist.The ordinance must contain the information required under(a)of this section. (c)The cleric or the cleric's designee shall send a copy of the published notice of hearing of an ordinance to consider a determination required under(a)or(b)of this section by certified mail to the former record owner of the property that is the subject of the ordinance.The notice shall be mailed within five days after its first publication and shall be sufficient if mailed to the last record owner of the property as the name appears on the assessment rolls of the municipality. (d)The provisions of(c)of this section do not apply with respect to property that has been held by the municipality for a period of more than 10 years after the close of the redemption period.(§ 12 ch 74 SLA 1985) Sec.29.45.470.Repurchase by record owner. (a)The record owner at the time of tax foreclosure of property acquired by a municipality,or the assigns of that record owner,may,within 10 years and before the sale or contract of sale of the tax-foreclosed property by the municipality,repurchase 161 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 220 of 363 AGENDA ITEM #12.B. Sec.29.45.480. ALASKA STATUTES Sec.29.45.490. the property.The municipality shall sell the property for the full amount applicable to the property under the judgment and decree plus (1)interest not to exceed 15 percent a year from the date of entry of the judgment of foreclosure to the date of repurchase; (2)delinquent taxes assessed and levied as though it had continued in private ownership; (3)costs of foreclosure and sale incurred by the municipality;and (4)costs of maintaining and managing the property incurred by the municipality including insurance,repairs,association dues,and management fees,that exceed amounts received by the municipality for the use of the property. (b)After adoption of an ordinance providing for the retention of tax-foreclosed property by the municipality for a public purpose,the right of the former record owner to repurchase the property ceases.(§ 12 ch 74 SLA 1985;am§ 1 ch 192 SLA 1990) Effect of amendments. The 1990 amendment rewrote the second sentence of subsection(a). Sec.29.45.480.Proceeds of tax sale. (a)On sale of foreclosed real or personal property the municipality shall divide the proceeds less cost of collection,between the borough and the city having unpaid taxes against the property.The division is in proportion to the respective municipal taxes against the property at the time of foreclosure. (b)If tax-foreclosed real property that has been held by a municipality for less than 10 years after the close of the redemption period and never designated for a public purpose is sold at a tax-foreclosure sale,the former record owner is entitled to the portion of the proceeds of the sale that exceeds the amount of unpaid taxes,the amount equal to taxes that would have been assessed and levied after foreclosure if the property had continued in private ownership,penalty,interest,and costs to the municipality of foreclosing and selling the property,and costs to the municipality of maintaining and managing the property that exceed amounts received by the municipality for the use of the property.If the proceeds of the sale of tax-foreclosed property exceed the total of unpaid and delinquent taxes,penalty,interest,and costs,the municipality shall provide the former owner of the property written notice advising of the amount of the excess and the manner in which a claim for the balance of the proceeds may be submitted.Notice is sufficient under this subsection if mailed to the former record owner at the last address of record of the former record owner.On presentation of a proper claim,the municipality shall remit the excess to the former record owner.A claim for the excess filed after six months of the date of sale is forever barred.(§ 12 ch 74 SLA 1985;am§2 ch 192 SLA 1990) Effect of amendments. The 1990 amendment,in subsection(b),added all ofthe language of the first sentence beginning"and costs to the municipality." Sec.29.45.490.Payment of taxes upon public utilization. If a municipality takes title to tax-foreclosed property for a public purpose,the municipality shall satisfy unpaid taxes and assessments against the property held by other municipalities,with accrued interest but without penalty.If the amount required to satisfy 162 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 221 of 363 AGENDA ITEM #12.B. Sec.29.45.500. ALASKA STATUTES Sec.29.45.560. the unpaid taxes and assessments exceeds the assessed value of the property,the municipality shall pay the other municipalities the assessed value,which shall be divided between the other municipalities in proportion to their respective taxes and assessments against the property at the time of foreclosure.(§ 12 ch 74 SLA 1985) Sec.29.45.500.Refund of taxes. (a)If a taxpayer pays taxes under protest,the taxpayer may bring suit in the superior court against the municipality for recovery of the taxes.If judgment for recovery is given against the municipality,or,if in the absence of suit,it becomes obvious to the governing body that judgment for recovery of the taxes would be obtained if legal proceedings were brought,the municipality shall refund the amount of the taxes to the taxpayer with interest at eight percent from the date of payment plus costs. (b)If,in payment of taxes legally imposed,a remittance by a taxpayer through error or otherwise exceeds the amount due,and the municipality,on audit of the account in question,is satisfied that this is the case,the municipality shall refund the excess to the taxpayer with interest at eight percent from the date of payment.A claim for refund filed one year after the due date of the tax is forever barred. (c)The governing body may correct manifest clerical errors at any time.(§ 12 ch 74 SLA 1985) Article 3.City Property Tax. Section 550. Cities outside boroughs 600. Combining property tax with 560. Cities inside boroughs incorporation of a second class city 580. Differential tax zones 590. Limited property taxing power for second class cities Sec.29.45.550.Cities outside boroughs. Home rule and first class cities outside boroughs may assess,levy,and collect a property tax.A property tax if levied must be assessed,levied,and collected as provided by AS 29.45.010—29.45.500.(§ 12 ch 74 SLA 1985) Sec.29.45.560.Cities inside boroughs. Home rule and first class cities inside boroughs may levy a property tax.A property tax,if levied,is subject to AS 29.45.010—29.45.050,29.45.090—29.45.100, 29.45.250,29.45.400—29.45.440 and 29.45.460—29.45.500.The council shall by June 15 of each year present to the assembly a statement of the city's rate of levy unless a different date is agreed upon by the borough and city.(§ 12 ch 74 SLA 1985) 163 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 222 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC ux� mro o NO mm'f .......... _.......,.,. 3380 C Street,Suite 202 Anchorage,Alaska 99503 Phone: (907)261-5935 Fax: (206)309-0667 Email: joe @levesquelawgroup.com MEMORANDUM OPINION TO: Bill Roberts Kodiak Island Borough Assessor FROM: Joseph N. Levesque Borough Attorney DATE: April 4, 2015 RE: Proposed Revisions to KIBC Chapter 3.35 The Kodiak Island Borough ("Borough") has requested an opinion regarding the legal sufficiency of certain proposed amendments to Chapter 3.35 of the Kodiak Island Borough Code ("KIBC"). In addition to significantly simplifying the KIBC provisions governing its tax foreclosure process, the proposed amendments create the rebuttable presumption that mobile homes are owned by the owner of the land upon which they are situated, and grant the Borough broad discretion to choose an appropriate method for enforcing tax liens against mobile homes. Notably, the proposed amendments also prohibit the Borough from foreclosing upon property that is "determined...to be contaminated or found to contain hazardous materials," and authorize it in those instances to instead seek enforcement of delinquent taxes by means of civil action.' General Summary and Overview As this Memorandum explains, the proposed amendments relating to the Borough's general foreclosure procedures appear to accurately describe, and thus provide legally sufficient notice to taxpayers regarding the Borough's procedures. Although this set of proposed amendments, if enacted, would likely be valid and 1 Borough staff have also proposed minor amendments to several other sections of Chapter 3.35. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 223 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC WMMMMMMMMME=ffgoWW MIMMXMMffMOMMOWKWO April 4,2015 P a g e 12 enforceable,the Borough should nonetheless consider drafting detailed policies that more clearly establish its foreclosure practices, to ensure that its process is consistent for all similarly-situated property owners within the Borough. Other proposed amendments would require the Borough to enforce real property tax liens against mobile homes that are attached to land that is also owned by the owner of the mobile home through the foreclosure process. In contrast, the proposed amendments provide that delinquent taxes assessed against mobile homes that are attached to land that is not owned by the owner of the mobile home could be collected either by means of foreclosure, or by judicial action. Because this enforcement scheme is specifically authorized by Alaska law, this proposed revision, if enacted, would also likely be valid and enforceable. However, the Borough should develop and incorporate such standards into its detailed foreclosure policies. Additionally,one proposed amendment would require the"owners of mobile home parks or any other properties to which are attached one or more mobile homes that do not belong to the owner of the underlying land" to submit a report to the Borough that provides the names and contact information for the owners of those mobile homes. In the absence of information showing that a mobile home does not belong to the owner of the land upon which it is situated, it would be assessed to the land owner. Because the proposed amendment is probably consistent with the general rule that real property is assessed to the record owner, it would likely be valid and enforceable if enacted. Finally, proposed KIBC 3.35.160(C) would prohibit the Borough from foreclosing upon property that has been determined to be "contaminated or found to contain hazardous materials...." Instead, the proposed section provides that the Borough may instead seek to collect any delinquent tax with respect to such properties by means of judicial action. While this amendment would restrict the Borough's ability to foreclose against all such properties, if enacted it would likely be valid and enforceable. Proposed Revisions to the Borough's Foreclosure Ordinances KIBC 3.35.160 through 3.35.260 currently set forth a detailed description of the Borough's foreclosure process. Borough staff has proposed amendments that would remove sections 3.35.170 through 3.35.260 in their entirety, and would revise section 3.35.160 to provide a simplified summary of the Borough's authority to enforce delinquent real property tax obligations through the foreclosure procedures prescribed by Alaska Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 224 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC April 4,2015 P a g e 13 law.2 It does not appear that the removal of KIBC 3.35.170 through 3.35.260 would conflict with any provision of Alaska law or local ordinance.Although the Alaska Statutes governing the municipal tax foreclosure process do require that certain steps must themselves be authorized by ordinance,3 they do not mandate that municipalities must adopt code provisions that set forth specific details to taxpayers regarding the municipality's foreclosure procedures. Similarly,the KIBC contains no provision requiring that the Borough's foreclosure procedures be explicitly set forth. In addition, it does not appear that the Alaska Supreme Court has ever interpreted the Alaska Statutes as requiring that municipalities do so. Further, the proposed revisions provide actual notice to the Borough's taxpayers that delinquent real property taxes will be enforced through foreclosure,4 that the Borough has adopted the foreclosure procedures prescribed by Alaska law, and incorporate the applicable Alaska Statutes by express reference.5 Importantly, other second-class boroughs in Alaska have elected to adopt general foreclosure provisions in lieu of detailed descriptions of the borough's foreclosure process.6 Because the proposed amendments would remove the current, more comprehensive description of the Borough's foreclosure process, it should ensure that it has in place a set of policies and procedures to govern and guide its annual foreclosures. Not only would this ensure that foreclosures are processed uniformly as to all property owners, it would serve to insulate the Borough against challenges by taxpayers that assert disparate treatment, and could potentially give rise to due process and other constitutional claims. Both the Matanuska-Susitna Borough and the Fairbanks North Star Borough appear to have drafted and implemented such policy guides, which I have attached to this Memorandum for your reference. It is important to note that, if adopted, the proposed revisions to KIBC 3.35.160- .260 would relieve the Borough from several specific foreclosure procedures imposed by 2 Municipal tax foreclosures are authorized and governed by AS 29,45,320-.490. 3 For example,AS 29.45.460 provides that,prior to selling a tax-foreclosed property that has been deeded to and held by a municipality for more than 10 years,the governing body must first determine by ordinance whether it"shall be retained for a public purpose"or"that a public need does not exrest." 4 Proposed KIBC 3.35.160(A)provides that,"The borough shall prepare an annual foreclosure list pursuant to A.S.29.45.330." 5 Proposed KIBC 3.35.160(B)provides that,"The provisions of A.S.29.45.330 through A.S.29.45.490 apply to borough delinquent property tax foreclosures." 6 See Matanuska-Susitna Borough Code 3.15.250. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 225 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC ...........w....._._., April 4,2015 P a g e 14 ordinance, but not otherwise required by Alaska law. For example,the current version of KIBC 3.35.160 requires that the Borough "make up a roll in duplicate of all real property subject to foreclosure," while state statute ostensibly requires that only one foreclosure list be prepared.' KIBC 3.35.160 also currently provides that the Assembly must direct Borough staff to prepare the foreclosure list,while the proposed revision would authorize Borough staff to do so without formal directive.The Borough would no longer be required to comply with several other various procedures.8 The Enforcement of Real Property Taxes With Respect to Mobile Homes The Borough currently considers most mobile homes to be real property for taxation purposes.9 The second notable set of revisions that Borough staff has proposed would essentially assign an enforcement procedure for the collection of real property taxes with respect to mobile homes depending upon whether there is a unity of ownership between the mobile home and the land to which it is attached. According to the proposed revisions, if there is unity of ownership between the mobile home and the land, real property taxes would be enforced through foreclosure.10 When that unity does not exist, the proposed revisions would permit the Borough to recover unpaid taxes through civil action against the taxpayer, "in addition to other remedies available to enforce the lien."'1 It appears clear that the Borough is permitted to enforce real property taxes for mobile homes through civil actions. Although Alaska law generally requires that 11 municipaliffies]shall enforce delinquent real property tax liens by annual foreclosure," it expressly provides that real property taxes assessed with respect to mobile homes may be enforced "by a personal action against the delinquent taxpayer brought in the district or superior court."12 Similarly, the Borough is likely permitted to foreclose upon a mobile 7 A.S.29.45.330(a)(1). 8 These include,but are by no means limited to,the requirements that:(1)the Assembly direct Borough staff to publish the annual notice of foreclosure(KIBC 3.35.170);(2)that the first date of publication of the notice must be on the same date that the foreclosure list and petition of foreclosure are submitted to the superior court(KIBC 3,35.180(A));(3)that the Assembly direct Borough staff to post the notice in three public places if required(KIBC 3.35.180(8));and,(4)that the notice must also be posted at the front door of the post office(KIBC 3.35.180(B)). 9 KIBC 3.35.020(C)(2). 10 See Proposed KIBC 3,35.150(6). 11 Id. 12 A.S.29.45.320. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 226 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LILC ....................... April 4,2015 P a g e IS home even absent a unity of ownership with the land upon which it is situated.13 Alaska law expressly authorizes the collection of real property taxes for mobile homes by means of personal action against the taxpayer, and the proposed amendment to KIBC 3.35.150(8) clearly and unambiguously notifies taxpayers that the Borough has elected to do so when there exists no unity of ownership between a mobile home and the land to which it is attached. Therefore,the proposed amendment to KIBC 3.35.150(B), if adopted,would likely be valid and enforceable. The Responsibilities of Mobile Home Park Owners The Borough has also proposed an amendment to KIBC 3,35.040(A),which would add a new subsection 3. That proposed amendment would create a new requirement for the owners of mobile home parks, as well as the owners of any other land to which any mobile home not owned by the landowner is attached. Pursuant to proposed KIBC 3.35.040(A)(3), land owners would be required to submit an annual report to the Borough that identifies the mobile homes that do not belong to the landowner, and provides the Borough with the names and addresses of the true owners, if known. The proposed amendment provides that, unless the Borough can attribute ownership to another, mobile homes will be presumed to be the property of owner of the land to which they are attached, and assessed accordingly. This proposed amendment is similar to a provision of the Matanuska-Susitna Borough Code ("MSBC"), which requires those who lease, rent, or permit individuals to locate a mobile home on their property to provide the borough with the names and mailing address of the mobile home's owners,upon the assessor's request.14 However,proposed KIBC 3.35.040(A)(3)is different in two primary respects. First, unlike the MSBC, it places the burden on the landowner to annually report the names and contact information for the owners of mobile homes. Second, it explicitly provides that, if the landowner fails to do so, each mobile home for which the Borough is unable to identify an alternate owner of record will be presumed as belonging to the landowner, and will be assessed as such. Nonetheless, if enacted, proposed KIBC 3.35.040(A)(3) would probably be valid 13 See Coo/Homes v.Fairbanks North Star Borough,860 P.2d 1248, 1254-1255(Alaska 1993)(holding that the Borough was permitted to foreclose on houses affixed to land,despite the fact that there was no unity of ownership.). 14 See Matanuska-Susitna Borough Code 3.15.160(B). Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 227 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC ............... April 4,2015 P a g e 16 and enforceable. As a preliminary matter, it does not appear to conflict with Alaska's statutes that govern municipal taxation, or the Borough's own ordinances. Further, requiring land owners to provide mobile home ownership information may be the only reasonable method of determining that ownership for taxation purposes. Alaska law provides that"Real property is assessed to the record owner."15 The record owner for real property is typically confirmed by reviewing the information regarding transfers of ownership interests in real property obtained from the district recorder's office.16 Although Alaska law provides that most mobile homes that are attached to land or to public utilities are by default considered real property for municipal tax purposes,17 ownership cannot be reasonably confirmed using district recorder information when they are attached to land that the owner has leased, rented, or obtained permission to use. Additionally, even if a landowner is assessed real property tax that includes assessments for mobile homes that the landowner does not own, several safeguards ensure that the assessment may be corrected. First, the proposed amendment makes it clear that the Borough will only employ the presumption of ownership if it is unable to otherwise confirm that a mobile home belongs to another owner of record.'8 The Borough Assessor has interpreted this provision as permitting landowners to rebut the proposed section's presumption of ownership by either identifying a mobile home's last known owner of record. Landowners may also simply explain that the mobile home does not belong to the landowner, and that the landowner is unsure of the true owner's identity, in which case the property may be assessed to"unknown."19 Finally, the KIBC creates several opportunities for landowners to contest tax assessments that they believe to be in error. KIBC 3.35.100 provides that the Borough may adjust tax bills when they are shown to be erroneous any time before the Board of Equalization certifies the assessment roll. KIBC 3.35.050(C)provides that a taxpayer who believes that an assessment is erroneous may also appeal it to the Board of Equalization. Thus, notwithstanding the affirmative obligation that would be imposed by proposed KIBC 3.35.040(A)(3), and the presumption of ownership arising from the Borough's failure to confirm that a mobile home has another owner of record, landowners would have ample opportunity to explain their non-ownership,and to accordingly have their tax bills adjusted 15 A.S.29.45.160(b). 16 Id. 17 A.S.29.45.070- 18 See Proposed KIBC 3.35.040(A)(3) 19 KIBC 135.040(A)(1). Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 228 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC April 4,2015 P a g e 17 to remove any erroneous assessments. Prohibition Against Foreclosing Upon Contaminated Properties Another notable proposed amendment prohibits the Borough from foreclosing tax liens against certain property known to be contaminated. Proposed KIBC 3.35.160(C) provides: The borough shall not foreclose against property that it knows has been determined by a federal,state, or local agency to be contaminated or found to contain hazardous materials subject to regulation by a federal, state or local government.The borough may proceed with a personal action against the delinquent taxpayer to collect the tax, costs, penalty and interest. It is important to note that, if enacted in its current form,the proposed amendment would absolutely prevent the Borough from foreclosing upon any property that it knows has been deemed contaminated. It would not appear to affect the Borough's ownership of property that it learns is contaminated only after taking ownership through foreclosure. The proposed amendment appears to be intended to insulate the Borough from the financial burden of insuring and maintaining contaminated properties during the period of ownership,especially if the contamination prevents their sale. However,this provision would not permit the Borough to foreclose on a known contaminated property even if the costs of insuring,maintaining and rehabilitating the property would be outweighed by the potential economic or public benefit to the Borough. Conclusion Borough staff has proposed several amendments to Chapter 3.35 of the KIBC. While most are minor,four sets of proposed amendments are notable. The first of these would remove sections 3.35.170-260 in their entirety, and replace KIBC 3.35.160 with a brief summary of the Borough's foreclosure process,which incorporates the requirements of the applicable Alaska Statutes by reference. The adoption of this amendment would significantly modified certain foreclosure procedures that the Borough has codified, but which are not required by Alaska law.As this Memorandum explains,these amendments, if adopted, would likely be valid and legally enforceable. However, because they would remove from the Code more detailed descriptions of the Borough's foreclosure process, the Borough should ensure that it has in place comprehensive policies and procedures to Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 229 of 363 AGENDA ITEM #12.B. LEVESQUE LAW GROUP, LLC "MMMONSIMMMMI MMAREMM April 4,2015 P a g e 18 govern and guide the execution of its annual foreclosures. Another amendment would permit the Borough to enforce real property taxes that are assessed with respect to mobile homes that are attached to land not owned by the taxpayer by means of judicial action. Because this enforcement method is expressly authorized by statute, the amendment, if adopted, would likely be valid and enforceable. The third notable amendment would require landowners who permit mobile homes owned by others to be attached to their property to submit an annual report to the Borough. That report would identify those mobile homes not owned by the landowner, and provide the Borough with the name, address, and other contact information for the mobile home's owner of record, if that information is known. Proposed KIBC 3.35.040(A)(3)further provides that, if the Borough does not receive that information, and the Assessor is unable to confirm ownership by another, the mobile homes will be assessed to the owner of the land to which they are attached. Requiring this information from such landowners may be the only reasonable means of confirming ownership of mobile homes that are situated on land that is not also owned by the mobile home's owner. Further, there exists ample opportunity for a landowner who does not submit the required report,and is assessed real property taxes for mobile homes that are owned by others, to appeal the assessment. Consequently, this proposed amendment, if adopted, would also likely be valid and enforceable. Finally, a proposed amendment to KIBC 3.35.160(C)would absolutely prohibit the Borough from foreclosing upon properties that it knows to be contaminated, or to contain hazardous materials. The proposed amendment would serve to insulate the Borough against the costs of insuring, maintaining, and potentially rehabilitating such properties after acquiring them. However, as currently written the prohibition is absolute, even in those instances in which the potential economic or public benefit of acquiring the property is outweighed by the Borough's costs of carrying and remedying the contamination. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 230 of 363 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH Foreclosure Procedures/Tracking Responsibility Item Completion Authority Finance Prepares preliminary procedure tracking for TYXXXX Foreclosure process. Finance A foreclosure and publication fee shall be added to each property on the Foreclosure List. A proportionate share of the costs of publication and KIB 3.35.160 foreclosure shall be paid in clearing delinquencies.If delinquent tax AS 29.45.340 payments,together with penalties,interest,and costs,are received before AS 29.45.440 filing the Foreclosure List and Petition with the Superior Court,those properties shall be removed from the list and the draft Petition. Finance/ Notice of the foreclosure proceedings and filing of Petition for Judgment with Published: Attorney the Superior Court shall be given by four(4)weekly publications in the official newspaper designated by the Assembly. Wk 1 KIB 3.35.160 Proposed Publication Dates: Week 1 Wk 2 A.S.29.45.330 Week 2 Wk 3 Week 3 Wk 4 Week 4 Attorney On the day designated in the Notice published,a certified copy of the Filed with the Foreclosure List together with a Petition for Judgment of Foreclosure shall court: KIB 3.35.160 be presented to the Superior Court. AS 29.45.360 Proposed Date: Signed by Court: Finance The Treasurer shall,within 10 days after the first date of publication in the Mailed: newspaper,mail to each person to whom a tract is assessed,at his last KIB 3.35.160 known address,a notice describing the property and the amount due as AS 29.45.330 stated in the Petition for Judgment. Proposed Date: Finance Treasurer shall send written notice by registered mail to any lien holder who has made a request for notice of a foreclosure list. KIB 3.35.160 Proposed Date: AS 29.45.350 Any person having an interest in a lot on the Foreclosure List may file an answer within 30 days after the date of last publication. KIB 3.35.160 Proposed Last date to file Obiections: AS 29.45.370 Attorney A Motion for Transfer of Property to Borough is filed with the Superior Court, Done: along with an Affidavit of Mailing and Publication(by Finance Director) KIB 3.35.160 certifying to mailing Notices of Foreclosure to property owners and Proof of AS 29.45.390 Publication,attaching Proofs of Publication from newspaper. Also prepare and file a proposed Order and Judgment for the Court's signature. Proposed Date: Court The Superior Court shall enter Judgment of Foreclosure(begin one year KIB 3.35.160 redemption period) AS 29.45.380 Estimated Date: Finance Obtain Certified Copy of Judgment of Foreclosure from Superior Court. Send Certified Judgment of Foreclosure to District Recording Office,with KIB 3.35.160 original recorded Judgment to be returned to Attorney. AS 29.45.390 BEGINNING OF ONE-YEAR REDEMPTION PERIOD Date: KIB 3.35.160 Begins from date of Court's Entry of Judgment AS 29.45.400 Estimated Date: Finance Issue Certificates of Redemption to those who redeem properties under As Needed KIB 3.35.160 Judgment of Foreclosure. Have Certificates Recorded at District Recording AS 29.45.410 Office. o � 1 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 231 of 363 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH Foreclosure Procedures/Tracking Responsibility Item Completion Authority Finance Order title search for delinquent properties not yet redeemed.Add cost to KIB 3.35.160 properties. AS 29.45.400 Proposed Date: Finance Publish Notice of Expiration of Redemption Period in newspaper for four(4) Published: consecutive weeks.(Must be commenced no sooner than 30 days from end KIB 3.35.160 of Redemption period(estimated to be ) Wk 1 AS 29.45.440 Proposed Publication Dates: Week 1 Wk 2 Week 2 Wk 3 Week 3 Wk 4 Week 4 Finance Mail certified letters to property owners and interested parties(i.e.,lien holders)providing a copy of the notice published within 5 days of first KIB 3.35.160 publication date. AS 29.45.440 Proposed Date: END OF ONE-YEAR REDEMPTION PERIOD (Estimated Date: ) Finance/Land Inform Land Resource Manager of unredeemed properties and create Resource Manager subproject numbers for expense tracking. Land Resource Manager should perform inspection of properties anticipated to be deeded. Identify any properties with abatement issues;properties currently occupied;properties that may serve a community purpose; properties that may be contaminated;identify properties of any general concern if deeded to the Borough. Finance/Borough The manager may remove property from the foreclosure list where Manager/Attorney contamination is found,when financial benefits of foreclosure are exceeded by the costs of foreclosure and liabilities of the ownership of the property KIB 3.35.160 involved. The Borough shall then collect taxes due,plus penalties,costs& interest by a personal action against the landowner. Removal from the Foreclosure List must be made before execution of a deed to the Borough. Proposed Date: Attorney File with Superior Court Satisfaction of Judgment for any properties KIB 3.35.160 redeemed to correct Court record. AS 29.45.440 Attorney Prepare and file with Superior Court Motion for Issuance of Clerk's Deed, Done: along with supporting Affidavit of Mailing and Publication signed by KIB 3.35.160 Treasurer/Finance Director(attaching Affidavits of Publication from AS 29.45.450 newspaper),and proposed Order for Issuance of Clerk's Deed and proposed Clerk's Deed. Proposed Date: Attorney Once Clerk's Deed is issued by Superior Court,send Certified Copy to be Done: KIB 3.35.160 Recorded at District Recorder's Office AS 29.45.450 Finance Notify Assessing and arrange for KIB designation on Clerk's Deeded properties in PACS o 12 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 232 of 363 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH Foreclosure Procedures/Tracking Responsibility Item Completion Authority Finance/Engineering Suggested precautions and risk management to be taken on properties and Facilities/Land deeded to the Borough: Resource Manger 1. Extend liability insurance to cover properties deeded to Borough 2. Winterize&Board Up any abandoned properties with appropriate notice posted as Foreclosed Property owned by the Borough. 3. Establish a policy of"no return"once the property has been abandoned. 4. Make determination on handling of properties currently occupied, such as liability for utilities,etc. Borough Manager/ Consider if wish to hold the properties for 2 year period or 10 year period. Finance/Land Resource Manger Determine how to dispose of properties deeded to the Borough: 1) Select any properties to be kept by Borough for public or community KIB 3.35.160 purpose; AS 29.45.450(d) 2) Select any properties to be condemned; AS 29.45.460(d) 3) Select properties to be sold at foreclosure sale; 4) Select properties to hold in foreclosure inventory. Finance Prepare Ordinance for Assembly action on properties to be retained for KIB 3.35.160 public purpose and to be sold. AS 29.45.460 Finance Send certified letter to former record property owner a copy of published notice of hearing of an ordinance to consider how to dispose of property KIB 3.35.160 Within 5 days of 1st publication of notice of hearing(on Ordinance) AS 29.45.460 Proposed Date: [Notice not required when property has been held more than 10 years after the close of Redemption period.] o 13 Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 233 of 363 AGENDA ITEM #12.B. A KODIAKISLAND B OR O UGH Assessing Department MEMORANDUM TO: Borough Assembly Members FROM: Bill Roberts,Assessor DATE: April 17,2015 SUBJECT: Mobile Homes in Parks At the April 16 assembly meeting Mr. Rohrer asked home many mobile home were located in mobile home parks and what was their aggregate value. The following information is provided in answer to that question. Mobile Homes* Total Assessed Value Total Tax Liability 265 $5,700,300 $61,278.23 • This includes mobile homes in mobile home parks and also some mobile homes that are located on private parcels of land not owned by the mobile home owner. Ordinance No. FY2015-10 Amending Various Sections in Title 3... Page 234 of 363 AGENDA ITEM #12.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iffmi� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. ORIGINATOR: Bill Roberts FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Boats and vessels with an overall length longer than 20 feet, measured bow to stern, and used for commercial purposes are currently taxed at a rate of$1 per foot. One purpose of this tax was to track vessels for future ad valorem taxation. In addition to the vessel personal property tax, the Borough collects both raw fish tax and severance tax from the fishing fleet. The tax rate of$1 per foot in tax does not provide enough funds to make the administration and maintenance of these personal property accounts cost effective for the borough. On May 7, 2015, this ordinance was postponed to the next regular meeting of the Assembly. The motion to adopt Ordinance No. FY2015-10 is before the Assembly.At the agenda setting on Monday, May 11, it was recommended that adoption of the ordinance be postponed to the regular Assembly meeting of August 20, 2015. RECOMMENDED MOTION: Move to postpone Ordinance No. FY2015-11 to the regular Assembly meeting of August 20, 2015. Kodiak Island Borough Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 235 of 363 AGENDA ITEM #12.C. 1 Introduced by: Borough Assembly Requested by: Borough Manager 2 Drafted by: Borough Assessor 3 Introduced: 04/16/2015 4 Public Hearing: 05/07/2015 Postponed 05/21/2015 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2016-11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 11 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3 12 REVENUE AND FINANCE CHAPTER 3.40 PERSONAL 13 PROPERTY TAX 14 15 WHEREAS, AS 29.45.050 (b) (2)allows a municipality to classify as to type and exempt or 16 partially exempt some or all types of personal property from ad valorem taxes;and 17 18 WHEREAS, KIBC 3.40.070 was written with the intention of taxing boats and vessels at a 19 rate determined annually by the assembly during the budget adoption process for boats with 20 an overall length longer than 20 feet, measured bow to stern, rather than on an ad valorem 21 basis;and 22 23 WHEREAS, the current tax rate on boats and vessels is $1 per foot with boats that are 24 equal to or less than 20 feet long exempt from tax;and 25 26 WHEREAS, the current tax rate of$1 per foot does not provide enough funds to make the 27 administration and maintenance of these accounts cost effective for the borough;and 28 29 WHEREAS, the borough collects both raw fish tax and severance tax from the fishing fleet; 30 and 31 32 WHEREAS, it is the intent of the Kodiak Island Borough Assembly to exempt boats and 33 vessels used for commercial purposes from property tax. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH THAT: 37 38 Section 1: This ordinance is of a general and permanent nature and shall become a part of 39 the Kodiak Island Borough Code of Ordinances. 40 41 Section 2: Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax is hereby 42 amended as follows: 43 44 Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 1 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 236 of 363 AGENDA ITEM #12.C. 45 Sections: 46 3.40.010 Property subject to taxation. 47 3.40.020 Exemptions. 48 3.40.030 Assessment return. 49 3.40.040 Tax situs of personal property. 50 3.40.050 Liability for and collection of personal property taxes. 51 3.40.060 Penalties and interest. 52 � ,49:.949 CdaSF,144G 4014 o (boats ar74..ve,*4F, 53 3.40.09970 Classification of aircraft. 54 55 * For statutory provisions granting the power to assess and collect taxes, see AS 29.35.170; 56 for provisions governing municipal assessment and taxation generally,see AS 29.45. 57 58 Prior legislation: Code 1974 §§ 3.24.060, 3.24.070, 3.24.080 and 3.24.090 and Ords. 83-53- 59 0, 84-25-0,96-21 and 2007-16. 60 61 3.40.010 Property subject to taxation. 62 A.Tangible personal property with a tax situs within the borough is subject to taxation,except 63 where otherwise exempted by borough ordinance or state statute.Tangible personal property 64 includes all personal property including, but not limited to, furniture, furnishings, fixtures, 65 machinery,equipment used by a business, stock animals,watercraft,aircraft,tools,dies,jigs, 66 patterns and stock used in trade (including inventories, supplies, materials in process, and 67 other similar items). 68 B. All private interests in personal property which is otherwise exempt due to ownership by 69 the federal government,state, borough,other state municipal subdivision or other tax-exempt 70 entity is taxable under this code to the extent of that interest. [Ord. FY2014-10 §11, 2014; 71 Ord. FY2011-07§2,2010]. 72 73 3.40.020 Exemptions. 74 A. Individual personal property utilized solely and exclusively for personal, nonbusiness, 75 noncommercial, nonagricultural and nonincome producing uses or purposes is exempt from 76 taxation under this chapter. This includes aircraft, boats and vessels used for nonbusiness, 77 nonagricultural,noncommercial and nonincome producing purposes. 78 B.A taxpayer who files a timely business property return with the assessor shall be exempted 79 the first$20,000 of assessed value of business personal property. For a taxpayer with more 80 than one business personal property tax account, the$20,000 exemption shall be distributed 81 pro rata among all of the taxpayer accounts, based on the proportion of the assessed value in 82 each account to the total assessed value of that taxpayer's business personal property. 83 C. Pursuant to AS 29.45.050(b)(2),the inventories of businesses possessing a valid business 84 license from the state of Alaska are exempt from the tax imposed by this chapter. As used 85 herein, "inventories" means personal property in the hands of a retail or wholesale merchant 86 held for sale or personal property held in the form of raw materials or component parts for the 87 manufacture or production of goods. Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 2 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 237 of 363 AGENDA ITEM #12.C. 88 D. Pursuant to AS 29.45.050(b)(2), Iboats air d vessels used llor c n i nneirallil purposes s 89 such as c n i nneireliial fiiiislh iilin , c1harter Ib at fi"iiislh iilin , or firelight Ihmau llliilin , air d fishing gear 90 (i.e., nets, seines, crab pots, long lines, trawls) and any or all associated paraphernalia 91 utilized for commercial fishing is exempt from property tax. [Ord. FY2014-10 §12, 2014; 92 amended during 7/11 supplement;Ord. FY2011-07§2,2010]. 93 94 3.40.030 Assessment return. 95 A. Every person with ownership in taxable personal property shall submit to the borough 96 assessor a personal property return of any property owned by him, or in which he has an 97 interest, and of the property held or controlled by him in a representative capacity, in the 98 manner prescribed,which return shall be based on property values existing as of the first day 99 of January of the year for which the return is made. The person making the return in every 100 case shall state an address to which all notices required to be given to him under this section 101 may be mailed or delivered. The return shall show the nature; quantity; description, including 102 date of manufacture; amount; value; purchase price, new or used; depreciable basis; and 103 current condition of all personal property, the place where the property is situated, and said 104 return shall be in such form and include such additional information as the assessor may 105 prescribe, and shall be signed and verified under oath by the person liable, or his or its 106 authorized agent or representative. 107 B. Said return shall be filed on or before the fifteenth day of January of each tax year, unless 108 the property owner requests, and the assessor approves, an extension that may not exceed 109 30 days.The extension must be requested prior to the January 15th due date. 110 C. The borough assessor may, by notice in writing to any person by whom a return has been 111 made, require from him a further return containing additional details and more explicit 112 particulars and, upon receipt of the notice,that person shall comply fully with its requirements 113 within 30 days. 114 D. In the event of any person failing, refusing, or neglecting to make or file said personal 115 property return of property owned by him, as required herein, the assessor shall make an 116 assessment which shall be as fair and equitable as he is able to make from the best 117 information in his possession concerning said property and this assessment shall be prima 118 facie evidence for all legal purposes and any related proceedings. (AS 29.45.130(a)) [Ord. 119 FY2014-10 §13, 2014; Ord. FY2011-07 §2, 2010; Ord. FY2011-05 §2, 2010; Ord. 92-25 §2, 120 1992; prior code Ch.3 subch.2§1. Formerly§3.40.010.Code 1974§3.24.010]. 121 122 3.40.040 Tax situs of personal property. 123 A.The tax situs of personal property is presumed to be the Kodiak Island Borough if: 124 1. It is located within the borough on January 1st of the assessment year, and has been 125 located in the borough for more than a temporary period in the year prior to January;or 126 2. It is normally located within the borough, even though it is outside the borough on 127 January 1st of the assessment year, if it is located outside the borough for only a 128 temporary period of time during the year prior to January 1 st of the assessment year;or 129 3. It is not located in the borough on January 1st, but has been kept or used within the 130 borough for any 60 days during the year preceding the January 1 st assessment date;or Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 3 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 238 of 363 AGENDA ITEM #12.C. 131 4. It normally is returned to the borough between uses elsewhere, and is not located in 132 any one place for more than a temporary period. 133 B. For purposes of this code, "temporary period"is defined as 60 days. [Ord. FY2014-10§14, 134 2014; Ord. FY2011-07 §2, 2010; Ord. 85-12-0 §1, 1985. Formerly §3.40.015. Code 1974 135 §3.24.015]. 136 137 3.40.060 Liability for and collection of personal property taxes. 138 A. The owner of personal property assessed is personally liable for the amount of taxes 139 assessed against the property. The tax, together with penalty and interest, may be collected 140 in a personal action brought in the name of the borough. 141 B. If the tax on personal property is not paid when due, the borough may, in addition to other 142 remedies available, enforce the tax lien by distraint and sale of the property after first making 143 demand of the person assessed for the amount of the tax, penalty, and interest.The demand 144 shall be in writing addressed to the person whose name appears on the last assessment roll 145 as the owner of the property, describing the personal property assessed and the amount of 146 the tax, penalty,and interest and demanding that the total be paid within 10 days after service 147 of the demand personally or by registered mail. 148 C. If the tax has not been paid after the expiration of 10 days from service of demand, the 149 clerk may issue a warrant directing a peace officer to seize the personal property for which 150 the tax was levied and to sell it at public auction after at least 15 days' notice of the sale by 151 posting and publication. If the proceeds from the property sold are not sufficient to satisfy the 152 tax, penalty, interest and costs of sale, the warrant may authorize the seizure of other 153 personal property sufficient to satisfy the tax, penalty, interest,and costs of sale. 154 D. The borough has the right to seek payment of any unpaid portion of the tax, penalty and 155 interest by all methods available under law. [Ord. FY2014-10 §15, 2014; Ord. FY2011-07 §2, 156 2010; Ord. 74-12-0 §1, 1974; prior code Ch. 3 subch. 2 §2. Formerly§3.40.020. Code 1974 157 §3.24.020]. 158 159 3.40.060 Penalties and interest. 160 A.A person who files a completed return after the filing deadline, but before the mailing of the 161 assessment notices shall, in addition to other penalties provided by law,be liable for a penalty 162 of five percent of the tax assessed against said personal property for that tax year. 163 B.A person who,either for himself or as agent for another,or as agent,officer,or manager of 164 a corporation,fails to file a return as required by this code prior to February 28th of the current 165 assessment year shall be fined a penalty in the amount of$300.00. 166 C. A person who, either on his own behalf, as agent for another, or as the agent, officer, or 167 manager of a corporation, knowingly makes a false statement, return or list required by this 168 section relating to the amount, kind, or value of personal property subject to taxation by the 169 borough with intent to avoid or evade the assessment on taxation of the property,or part of it, 170 is guilty of a violation of this chapter, and this action is punishable by a fine of$1,000. (AS 171 29.45.140). [Ord. FY2014-10§16,2014; Ord. FY2011-07§2,2010; Ord. 93-36§4, 1993; Ord. 172 92-25 §2, 1992; Ord. 74-8-0 §3, 1974; Ord. 69-4-0 §1, 1969; Ord. 67-11-0 §1, 1967; prior 173 code Ch. 3 subch.2§3. Formerly§3.40.030. Code 1974§3.24.030]. 174 Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 4 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 239 of 363 AGENDA ITEM #12.C. 175 140470 Qassiidcaiaau;.-ct Il eais..and vessels., 176 k)AS ",d Idu dxi0(L}(�}, boats ar4d ae,,edrr are clarrraa led �cr o Wxa4ar4 as...a 177 special ea0egory-arrd shall be 0axed at Ode ra0e de0erralned annually by the aa„enibly damring 178 the budget adol-Rion process for boats w4h an overall leingta longer than.2d lee0, rineasured 179 bew taa!4eicn, FaOer Oar7...en aro ad valcFem basis ;'a"drd:: :::Y2044 d d...§„ 204..0, 4 :^'2n-Q a-:10 180 §2. 2(4961 mdrd ....9"a �4-0;..499x4, Ord 8c4.-144_0 ci, 11981,, .t 9 ddud Cede 1t9/4, 181 p 0x40].,, 182 183 3.40.08070 Classification of aircraft. 184 A. Pursuant to AS 29.45.050(b)(2), for purposes of taxation, commercial aircraft that have 185 been issued an N number by the Federal Aviation Administration ("FAA') by January 1st of 186 the tax year and are less than 12,500 pounds takeoff weight shall be totally exempted from ad 187 valorem taxes and shall be taxed at the rate determined annually by the assembly during the 188 budget adoption process. 189 B. The owner of record of an aircraft that has been dismantled, destroyed or crashed and the 190 FAA N number has been retained by the aircraft's owner of record may submit to the 191 assessor proof of condition that would allow for taxation of that aircraft, if approved by the 192 assessor, at a rate determined by the assembly during the budget adoption process. Aircraft 193 for which such registration or licensing has lapsed or that has not passed the annual 194 inspection required by the FAA shall not qualify on this basis alone for ad valorem taxation 195 unless it has been dismantled,destroyed or crashed. 196 C. Commercial aircraft with a gross takeoff weight of more than 12,500 pounds shall be taxed 197 on an ad valorem basis and in accordance with the Kodiak Island Borough landing schedule 198 formula. The KIB landing schedule formula provides for the prorated calculation of scheduled 199 aircraft by dividing the total hours in a year into the total time aircraft operated by a scheduled 200 carrier are in the Kodiak Island Borough, and multiplying the result by the assessed value of 201 each aircraft. 202 D. Definitions. For purposes of this section: 203 "Aircraft" means any engine powered contrivance invented, used, or designed to navigate, or 204 fly in,the air and that is capable of being manned and is required by the FAA to be registered 205 and certified in order to be manned. 206 "Commercial aircraft"means any aircraft transporting passengers and/or cargo or is employed 207 for fish spotting, agricultural, aquacultural or other purposes for some payment, or other 208 consideration,including money or services rendered. 209 "Crashed" means aircraft for which only parts remain that, due to their condition, can no 210 longer be assembled to create any contrivable aircraft. This shall be evidenced by an FAA 211 accident report and/or copy of an insurance claim that determines the aircraft to be a total 212 loss. 213 "Destroyed"means aircraft that have been damaged by age,weather, neglect and/or external 214 influences outside the owner's control, and only unusable parts remain that, due to their 215 condition, can no longer be assembled to create any contrivable aircraft. This shall be 216 evidenced by photographs and a physical inspection by the borough assessing staff appraiser 217 if deemed necessary by the borough assessor. Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 5 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 240 of 363 AGENDA ITEM #12.C. 218 "Dismantled" means aircraft that have been voluntarily disassembled and only parts remain 219 that can no longer be assembled to create any contrivable aircraft. Evidence such as 220 photographs and a physical inspection by the borough assessing staff appraiser shall be 221 provided or allowed if deemed necessary by the borough assessor. 222 E. An aircraft owner may appeal the determination of the borough assessor under 223 subsections B and C of this section using the same procedures for appeal of real and 224 personal property assessments as set out in KIBC 3.35.040(C)(3) and 3.35.050(C). [Ord. 225 FY2011-07§2,2010]. 226 227 Section 3: This ordinance shall take effect on January 1,2016. 228 229 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 230 THIS DAY OF 2016 231 KODIAK ISLAND BOROUGH 232 233 234 235 Jerrol Friend, Borough Mayor 236 237 ATTEST: 238 239 240 241 Nova M.Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2015-11 Page 6 of 6 Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 241 of 363 AGENDA ITEM #B.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iffmi� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2015-22 Opposing Navy Training Exercises in the Gulf of Alaska in June 2015. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This item was requested by Assembly member Lynch to start discussion whether the Assembly wishes to submit a letter or resolution regarding the GOA Navy Training off the coast of Kodiak.Attached is a resolution adopted by the City of Cordova. Mr. Tom Lance will be present at the May 21, 2015 Regular Meeting to address the assembly regarding this matter. At the May 14 work session of the Assembly, it was decided to add a resolution to the meeting packet of May 21 for approval. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-22. Kodiak Island Borough Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 242 of 363 AGENDA ITEM #B.1. 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Borough Clerk 4 Introduced on: 05/21/2015 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2016-22 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 OPPOSING NAVY TRAINING EXERCISES IN THE GULF OF ALASKA IN 11 JUNE 2016 12 13 WHEREAS, the Kodiak Island Borough is the governing body with the full power and authority 14 as recognized by the citizens of Kodiak,to act for its members,and has responsibility to provide 15 government for the good health and welfare of its citizens;and 16 17 WHEREAS, these trainings will pollute the waters of the Gulf of Alaska by annually releasing 18 approximately 352,000 pounds of expended materials including 10,000 pounds of hazardous 19 materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, 20 chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, 21 ammonium perchlorate, fulminate of mercury, and lead oxide into waters designated by NOAA 22 as Essential Fish Habitat for a multitude of species that support the economic development in 23 Alaskan coastal communities and harvest of wild Alaskan salmon for global markets;and 24 25 WHEREAS, the training area and vicinity is a highly productive region for many marine fish 26 and shellfish populations and supports some of the most productive fisheries in the United 27 States. It is also an important spawning area for many fishes, and the training is scheduled to 28 take place during the summer season when many fish populations are migrating and spawning. 29 At least 383 species belonging to 84 families of marine and anadromous fishes have been 30 reported from the predominant ecosystems found in the training area;and 31 32 WHEREAS, the port of Cordova is often ranked in the top 15 U.S. ports for quantity of 33 seafood landed and dollar value of seafood harvests(Fisheries of the U.S., NOAH), illustrating 34 coastal Alaska's reliance on the fish and wildlife resources in the Gulf of Alaska for their 35 subsistence harvest and the livelihoods supported by commercial fishing;and 36 37 WHEREAS, the Kodiak Island Borough supports all cultural, traditional and subsistence 38 activities historically and continually practiced by Native and non-Native peoples in the Gulf of 39 Alaska;and 40 41 WHEREAS, the Kodiak Island Borough finds no scientific information or traditional knowledge 42 demonstrating that the training activities can take place without negatively affecting salmon, 43 whale, bird and other marine habitats. 44 45 NOW, THEREFORE BE IT RESOLVED that the Assembly of the Kodiak Island Borough, 46 Alaska does hereby request that the Navy refrain from using live ordnance or sonar in any Kodiak Island Borough Resolution No. FY2015-22 Page 1 of 2 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 243 of 363 AGENDA ITEM #B.1. 47 Marine Protected Area, including NO AA Fisheries Marine Protected Areas, State Marine 48 Protected Areas and Habitat Areas of Particular Concern; and, the Kodiak Island Borough 49 requests the Navy move these trainings 200 nautical miles from Alaskan shoreline. 50 51 BE IT FURTHER RESOLVED that the Assembly of the Kodiak Island Borough, Alaska 52 recommends that the Navy training exercises be moved to a later date, after the middle of 53 September 2015, so as not to impact migrating salmon and be relocated in the far southeast 54 corner of the designated training area. 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS DAY OF 2016 58 59 KODIAK ISLAND BOROUGH 60 61 62 63 Jerrol Friend, Borough Mayor 64 65 ATTEST: 66 67 68 69 Nova M.Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2015-22 Page 2 of 2 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 244 of 363 AGENDA ITEM #B.1. CITY OF CORDOVA,ALASKA RESOLUTION 05-15-25 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CORDOVA, ALASKA TO OPPOSE NAVY TRAINING EXERCISES IN TIM GULF OFALASKA IN JUNE 2015 WHEREAS,the City of Cordova is the governing body with the full power and authority as recognized by the citizens of Cordova,to act for its members, and has responsibility to provide government for the good health and welfare of its citizens;and WHEREAS, these trainings will pollute the waters of the Gulf of Alaska by annually releasing approximately 352,000 pounds of expended materials including 10,000 pounds ofhazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds,lead oxide,potassium Perchlorate,lead chromate,ammonium Perchlorate,fulminate of mercury,and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine 'fish and shellfish populations and supports some of the most productive fisheries in the United States. It is also an important spawning area for many fishes,and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning.At least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area;and WHEREAS,the port of Cordova is often ranked in the top 15 U.S.ports for quantity of seafood landed and dollar value of seafood harvests(Fisheries of the U.S.,NOAA),illustrating coastal Alaska's reliance on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing;and WHEREAS,the City of Cordova supports all cultural,traditional and subsistence activities historically and continually practiced by Native and non-Native peoples in the Gulf ofAlaska;and WHEREAS,the City of Cordova finds no scientific information or traditional knowledge demonstrating that the training activities can take place without negatively affecting salmon, whale, bird and other marine habitats. NOW,TIIEREFORE BE IT RESOLVED that the City Council of the City of Cordova,Alaska does hereby request that the Navy refrain from using live ordnance or sonar in any Marine Protected Area,including NOAA Fisheries Marine Protected Areas,State Marine Protected Areas and Habitat Areas of Particular Concern; and,the City of Cordova requests the Navy move these trainings 200 nautical miles from Alaskan shoreline. BE IT FURTIIER RESOLVED that the City Council of the City of Cordova,Alaska recommends that the Navy training exercises be moved to a later date, after the middle of September 2015, so as not to impact migrating salmon and be relocated in the far southeast corner of the designated training area. PASSED AND APPROVED THIS 6t OF MAY 2015 ,161flt/t o� co, c Jim Kacsh,Mayor p ATTEST: Su ourg ,CMC,City Clerk //teoutn�e°� Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 245 of 363 AGENDA ITEM #B.1. WEBSITE:_http:g/eyakpreservationcouncil.org/navy-training-facts/ / / Navy Training Facts Navy hlett Navy fact Sheet SendalLattertotheNaww IF T4 Send al LetterfoAlaska"s The Navy isgoingtobombfheGulfof Legislature Aaska starting fumet5th20,15. Additional Information The fullkuyrirg are excerpts from the Navy's Environmental IrrWct Statement ,ivah dt Please reviewrthe following and send letter r using (left). Rearfinfullatwrwuvenaei srorn. j tr i� i s EI'SSection16 Fill i Read In Fulll Far: �a6a(� Currently the GOAsupports habitatsof"endangered°and'threatened'populationsof high seas salmon (Chinook,coho,chum,and sockeye,salmon,and steelhead) Five species of Pacific salmon(Chinook,coho,chum,pink,and sockeyesalmon)have EFH designated within theTMAA The effects[of the trainiings]an fish could include direct physical injury,such as potential for death,injury;or failureto(or an increase'inthetime needed to)reach the next developmental stage. Stress to fish populations in warfare areas includes environmental stressors,acoustic effects of underwater sounds to fish,effects of underwater impulsive sounds,explosive ordnance,nonexplosive ordnance,and expended materials. Potential effects of explosive change detonations on fish and EFH include disruption of habitat,exposure to chemical by-products~disturbance,injury,or death from the shock(pressure)wave;acoustic"impacts;and indirect effects including those an prey species and other components of the food welt, Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 246 of 363 AGENDA ITEM #B.1. 1r,1ereFemratrA.srr . There(have been very few stud lies oin the effects that human-generated)sound.may have on f'sh. The imaryoirtty of studies soften Ilaclr alppropriate controls„statistical rigor,and/or expert analysis of the results More smell-controllled studies are needed on the Ihea Wing thresholds for fish species and on temporary and permanent hearing I oss associa ted with exposure to sounds. The effects of sound may not only be species speciiftc,but also depend on the mass of the fiisb lespecilallly where any injuries are being cons idered)and I life(history phase(eggs and larvae maybe more or Iless vu Ineraiblle to exposuire than adult fish). No studies have estab I!shod effects of cumu.Ilativc exposure of fish to any type of sound or have determined whether subtle and long-term effects on(behavior or(physiology could have an[impact upon survival of fish populations. tMWcra�nrtawru-Crartstetrron�s: Read In Full petroleum hydrocarbons released during an accident are harimfiul to fish.Jletffuel is toxic to fish. Unburned fuel may be spread over a l arge area Fuell spii l is and maternal released from weapons and targets could occur at different lecationsand at different times. Potenhiall impacts from Navy explosives traming Include degradation of substrate and introductiion of toxic chem ic.a Is into the water call um,n. PIS Section 3.14 Public Saffei Read In Full Undetanated ordnance on the ocean floor may pose a risk to fishermen,particularly(bottom trawlers.If a trawl contacted an a ndetonated'.ordnance iitem,the item could detonate. Cl 1.11uminum-coated pof:ymer fib—,inside of a launching mechanism)will be used during the training, Upon deployment,the chaff and srn a II M.pieces of plastic are expended).The purpose of chaff'is to counter avoid aircraft detection by radar by masking the ai ircra�ht and to provide false radar returns to defeat radar-guided anti-aircraft defensive systems.Chaff willl form a Marge cloud of fiber that disperses slowly,which could affect Ipu bll ic.safety. Some solid training items expended at seas coulld migrate to the shoreliine where tlhe public coulld encounter them.(Included among these items are targets and sonobuioys. Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 247 of 363 AGENDA ITEM #B.1. 3.6 Fish Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 248 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) 3.6 FISH 3.6.1 Affected Environment For purposes of this Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS), the Region of Influence (ROI)for fish is the Gulf of Alaska(GOA)Temporary Maritime Activities Area(TMAA).The TMAA is more than 12 nautical miles(nm)(22 kilometers[km])from the closest point of land and is therefore outside of United States (U.S.) territorial seas. Thus, this section provides an overview of the species, distribution, and occurrence of fishes that are either resident or migratory through the GOA TMAA.A brief discussion of Essential Fish Habitat(EFH)is provided in Section 3.6.1.2 of this EIS/OEIS and a brief discussion of federally listed threatened and endangered fish species protected under the Endangered Species Act(ESA)in the TMAA is provided in Section 3.6.1.3. In the GOA,the majority of the fishery resources are found along the broad continental shelf ecosystem (Richardson and Erickson 2005). Important marine species include salmonids (Chinook, coho, chum, pink and sockeye salmon, and steelhead), Pacific halibut, shelf and slope groundfish(walleye pollock, Pacific, sablefish, rockfishes, rex sole, Dover sole, arrowtooth flounder), dungeness crab, and scallops (U.S. Department of Commerce, National Oceanic and Atmospheric Administration [USDC, NOAA] 2005; Richardson and Erickson 2005). The Pacific high seas salmon are arguably the most important living marine resource within the GOA. Currently the GOA supports habitats of "endangered" and "threatened"populations of high seas salmon(Chinook,coho,chum,and sockeye salmon,and steelhead) (Section 3.6.1.3)(NMFS 2005b,2005c). The TMAA falls within the Alaska Current(AC)and the Alaska Coastal Current(ACC) systems.Both currents flow in a northerly direction off southeastern Alaska and then turn southwestward along the Alaska coast. Beyond Kodiak Island, the AC intensifies and becomes the Alaskan Stream as it flows along Alaskan Peninsula and the Aleutian Archipelago(Reed and Schumacher 1986).The AC system is rich in microscopic organisms (i.e., large-celled diatoms, small cyanobacteria, microflagellates, micro- /meso-zooplankton)which form the base of the food chain in the GOA.Grazers like forage species and small pelagic fish depend on this planktonic food supply,and in turn are forage for larger species,such as highly migratory species(e.g.,high seas salmon)(Parsons 1986). The TMAA and vicinity is a highly productive region for various marine fish and shellfish populations and supports some of the most productive fisheries in the United States.(Lanksbury et al.2005).It is also an important spawning area for many fishes, supporting a diverse array of larval fish species influenced by bathymetric features (i.e., shelf, slope, etc.)in the spring and bathymetry/circulation features in the autumn(Doyle et al.2002,Matarese et al.2003,Doyle et al.2005,Lanksbury et al.2005).At least 383 species belonging to 84 families of marine and anadrolnous fishes have been reported from the predominant ecosystems found in the GOA TMAA:nearshore,continental shelf/slope,and offshore areas (Mecklenburg et al. 2002). Bony fishes (e.g., sculpins, snailfish, rockfish, and flatfish) dominate the number of species in the GOA with less than 10 percent of species being cartilaginous fishes(e.g.,sharks, skates) (Mundy and Hollowed 2005). Shellfish (arthropods [e.g., crabs/shrimps] and mollusks (e.g., scallops,squids,and octopuses])along with other benthic invertebrates comprise the bottom assemblage on the shelf/slope and nearshore areas in number of species and biomass(Feder and Jewett 1986; Outer Continental Shelf Environmental Assessment program[OCSEAP] 1986). The fish fauna of the GOA consists of a mix of temperate and subarctic species, resulting in a large gradient in species composition along the shelf from the eastern to the western GOA (Hart 1973). Nearshore areas(e.g.,Kodiak Island,lower Cook Inlet,and Prince William Sound)consisting of habitats such as rocky/kelp, epipelagic,intertidal beaches, subtidal shelves, and deeper bottom of bays serve as important spawning and nursery grounds for juveniles of numerous demersal and pelagic species(Rogers 1986, Rogers et al. 1986). These species include high seas salmon, walleye pollock,Pacific cod, crab, FISH 3.6-3 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 249 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) flatfish,and various forage species(Mueter 2004).The life history of many of these species is closely tied to the cyclonic boundary currents (e.g., subarctic), which transport eggs and larvae, and serve as important migratory pathways for juvenile salmon(Beamish et al.2005). Offshore areas are dominated by large epipelagic species that are capable of moving independently of currents (i.e., nekton), such as high seas salmon throughout the year with Pacific pomfret (Brama japonica), Pacific saury (Cololabis saira), and albacore tuna being common in the summer. These offshore areas in the GOA provide the principal feeding habitat for many species,particularly high seas salmon(Brodeur et al. 1999).All of these various species display a strong latitudinal gradient with their distribution correlating with sea surface temperature(Mueter 2004). 3.6.1.1 Existing Conditions The following discussion provides an overview of the predominant fish species and habitat types known to occur in the TMAA. Two fish categories are described: salmonids and groundfish. As discussed in Section 3.5,Marine Plants and Invertebrates,the TMAA is over 12 nm(22.2 km)offshore and includes primarily offshore open ocean habitats including pelagic, continental shelf, slope, and abyssal plain regions,which are influenced by both the ACC and the Alaska Gyre. Salmonids There are six dominant species of salmon that occur in the GOA and have the potential of occurring in the TMAA:Chinook(O. tshawytscha),coho(O. kisutch),chum(O. keta),pink(O.gorbuscha),sockeye(O. nerka),and steelhead(O.mykiss).Salmonids found in the GOA are anadromous fish species that spend at least part of their adult life in the ocean but return to freshwater environments to spawn. Pacific salmon(genus Oncorhynchus)range from San Francisco Bay, California, northward around the Pacific Rim through Alaska and southward along the coasts of Russia, Japan, and Korea(Myers et al. 1998).There are seven species of Pacific salmon; two species,masu(Oncorhynchur mason)and amago (O.rhodurus)only occur in Asia,and five species,Chinook,coho,chum,pink,and sockeye reproduce in North America and Asia(Groot and Margolis 1991;DFO 2002;USDC,NOAA 2005). Until 1988, steelhead(the anadromous form of rainbow trout)was classified in the genus Salmo along with Atlantic salmon, brown trout, and several western trout species. With additional osteology and biochemistry data, biologists have now reclassified steelhead as members of the genus Oncorhynchus. The reason for this is that new information suggested that steelhead are more closely related to Pacific salmon than to brown trout and Atlantic salmon. As such, the American Fisheries Society- American Society of Ichthyologists Committee on Names of Fishes voted unanimously to accept Oncorhynchus as the proper generic name.For full scientific details, see Smith and Stearley 1989.As such,the scientific name of steelhead was changed from Salmo gairdneri to Oncorhynchur mykiss. In general,the life history of Pacific salmon and steelhead includes incubation,hatching and emergence in freshwater,migration to the ocean,and subsequent initiation of maturation and return to freshwater for completion of maturation and spawning (Eggers 2004). Salmon are anadromous, meaning that they migrate up rivers and streams from the sea to spawn in freshwater.Pacific salmon spawn in gravel beds in rivers,streams and along lake-shores where females lay their eggs in nests or"redd"(Groot and Margolis 1991,Eggers 2004).Depending on the species,they spend between 1 to 7 years at sea,with most making extensive and complicated migrations(Quinn 2005).Generally,Pacific salmon return to their natal rivers to spawn and,with few exceptions,die soon after(Quinn 2005).The death of these salmon returns much- needed nutrients from the ocean to the otherwise nutrient-poor streams (Groot and Margolis 1991). Anadromy and the strong fidelity of homing to their natal streams have resulted in the development of many reproductively isolated subpopulations(little inbreeding occurs between salmon from one river and FISH 3.6-4 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 250 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) another)referred to as stocks(Quinn 2005).These subpopulations are exposed to different physical and biotic factors such as temperature,flow,gravel size,predators,prey,competitors,and pathogens(Quinn 2005).These variations between streams have led to the evolution of specializations to help the salmon survive in their home rivers(PFMC 2000).These distinct habitat dynamics require these subpopulations be managed individually rather than as one homogenous species(Duffy et al.2005). Groundfish Species Groundfish species (i.e., flatfish, rockfish, roundfish, skates, sharks and chimeras) support important commercial and recreational fisheries.A brief summary of the fisheries management is provided below. Many species of groundfish have EEH in the TMAA,and are discussed in more detail in Section 3.6.1.2 Groundfish range throughout the EEZ and occupy diverse habitats at all stages in their life histories. Some species are broadly dispersed during specific life stages, especially those with pelagic eggs and larvae. The distribution of other species and/or life stages may be relatively limited, as with adults of many nearshore rockfish which show strong affinities to a particular location or substrate type. The continental shelf/slope supports a large biomass of groundfishes, particularly the wide shelf and banks around Kodiak Island, northwest of the GOA TMAA (Mueter 2004). Typically, the groundfish community in the GOA exhibits strong-depth gradient in species composition and diversity(Mueter and Norcross 2002)found in many other demersal fish communities inhabiting shelf and upper slope regions (Colvocoresses and Musick 1984, Jay 1996,Mahon et al. 1998).Information is lacking about demersal species on the deeper parts of the slope,continental rise,in the deep central basin,and on the numerous seamounts(Mueter 2004).Faunal assemblages collected from GOA seamounts,south of the TMAA,were dominated by giant(Albatrossia pectoralis)and Pacific(Coryphaenoides aerolepis)grenadiers,rockfish (Sebastes spp.and Sebastolobur sp.),and sablefish(Hoff and Stevens 2005)and may be representative of other seamounts in the GOA(Maloney 2004,Morato and Pauly 2004). Flatfish are represented by halibut,flounders,soles,turbots,and plaice(Mecklenburg et al.2002).Flatfish are demersal, meaning they live on the seafloor.Most marine flatfishes have planktonic egg and larval stages and they drift with currents for periods of weeks to months;therefore,larvae depend on features of currents to either retain them or transport them to suitable nursery areas.Most species change their diet from zooplankton to benthic animals as they settle on the bottom.Flatfishes often have highly specific habitat requirements for their juvenile and adult stages (Gibson 1994). In regions characterized by a landscape of suitable habitat,fragmented by barriers of unsuitable habitat such as deep sea valleys and canyons, colonization and recruitment are likely to depend on larval drift rather than movement of juveniles or adults across such barriers(Bailey et al.2003).In the GOA,the landscape of suitable juvenile habitat is fragmented by troughs, sea valleys, and rocky areas. Delivery of larvae into suitable nursery areas is unpredictable due to the highly variable Alaska Coastal Current.In general,flatfish do not exhibit large-scale migration,but most of them move to shallower waters in spring and return to deeper waters in autumn. Halibut exhibit similar life history traits.Previous research suggests that important settlement and nursery grounds for the eastern Pacific halibut population are located primarily in shallow coastal waters, extending from Dixon Entrance in British Columbia to the Bristol Bay region of the southeastern Bering Sea.Following approximately two years of residence on the nursery grounds,juveniles are believed to migrate in a southeasterly direction,arriving on the fishing grounds as four-or five-year-olds.Present day halibut fisheries harvest fish throughout the continental shelf of Canada and the United States on the species' summer feeding grounds. During the winter months, most of these fish depart the relatively shallow waters of the shelf to aggregate and spawn in deeper waters along the shelf-edge, at spawning grounds that stretch from at least the Queen Charlotte Islands through the Bering Sea and westward; however,rather than simply moving offshore from the locations at which they feed,conventional tagging FISH 3.6-5 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 251 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) data suggest that many halibut may move considerable distances along the shore during the seasonal migration.Halibut appear to aggregate in northern GOA in the winter and may emigrate (arrive)from British Columbia and areas south of the Alaska Peninsula. Rockfish of the Family Scorpaenidae inhabit rocky areas in shallow to moderately deep water or occur farther offshore on silty and sandy, soft bottoms in the marine waters of the TMAA and are represented by the genera Sebastes and Sebastolobur(Mecklenburg et al.2002).Approximately 32 of the 36 species of Sebastes and two of the three species Sebastolobur species have been documented in the TMAA. Rockfish diversity is highest in southern southeast Alaska with the number of species declining markedly west of the central GOA (Enticknap and Sheard 2005). The rockfishes have been divided into three assemblages for management purposes based on species habitat and distribution,as well as commercial composition data: slope, demersal shelf, and pelagic shelf, whereas the thornyheads are managed independently(O'Connell et al.2003;USDC,NOAA 2005).Rockfish are long-lived and sexual maturity is attained between 5 and 20 years of age. Spawning for most species generally takes place in the early spring(April)or late fall.Once hatched(late winter to mid-summer)the juvenile larvae form part of the pelagic community for up to 3 years and use nearshore habitats.Due to their long lives and late sexual maturity,rockfish are extremely susceptible to over harvest and stock depletion. Species of sharks and skates that are known to occur in the GOA include salmon shark(Lamna ditro pis), spiny dogfish(Sgualur acanthias),big skate(Raja binoculata),and longnose skate(R.china).Sharks and skates form part of the benthic and near-bottom fish communities and are not classified as food fish. These species are often caught as bycatch in groundfish fisheries. Summary of Fisheries Management The oldest fisheries in the GOA are the native subsistence fisheries for Pacific halibut,cod,herring,and other species.Catches were traded or sold to the Russians and later to the Americans after the purchase of Alaska by the United States in 1867.Groundfish and herring are still important sources of food to many groups of Alaskan natives, although these subsistence harvests are now dwarfed by commercial operations(North Pacific Fishery Management Council[NPFMC]2009). The commercial fishery for halibut began in coastal waters off Washington and British Columbia and expanded from there into the GOA after World War L Both U.S.and Canadian nationals were involved in the fisheries,and in 1923 the United States and Canada ratified a halibut conservation treaty to regulate the fishery and to conduct research.The convention established the International Fisheries Commission, which was changed to the International Pacific Halibut Commission in 1953.Because of a combination of overfishing and environmental factors, the abundance of halibut declined and a new convention was signed in 1930 to broaden the Commission's regulatory powers for the rebuilding of the halibut stocks. Under scientific management, the halibut stocks were gradually rebuilt(NPFMC 2009). The potential adverse impact on halibut from the commercial groundfish fisheries is such that it must be taken into account in the management of the groundfish fishery. Commercial groundfish are managed through the NPFMC's GOA Groundfish Fishery Management Plans, but the International Pacific Halibut Commission is responsible for management of the North American Pacific halibut fishery,under the authority of the Convention for the Preservation of the Halibut Fishery of the North Pacific Ocean and the Bering Sea.Within the Groundfish Fishery Management Plan, the flatfish assemblage has been divided into several categories for management purposes. Catch limits for flatfish are specified separately for the deep water flatfish complex(Dover sole,Greenland turbot,and deep-sea sole),rex sole,the shallow water flatfish complex(rock sole,yellowfin sole,Alaska plaice,and other flatfish),flathead sole,and arrowtooth flounder. FISH 3.6-6 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 252 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) The eastern north Pacific halibut resource is presently managed under the assumption that a single panmictic population (i.e., a fully mixed population in which members from all geographic regions regularly interbreed)exists from California through the eastern Bering Sea(International Pacific Halibut Commission[IPHC]2010).This assumption rests largely upon studies that indicate northwesterly larval drift throughout the GOA and into the Bering Sea,balanced by southeasterly migration of juveniles and adults over broad geographic expanses. In addition, limited genetic studies have failed to demonstrate significant difference between northern and southern stock components. Thus, Pacific halibut in the eastern Pacific Ocean are treated as a single unit stock with regard to reproduction and recruitment,and managed as a series of regulatory areas with respect to harvest guidelines(IPHC 2010). The IPHC regulatory or statistical areas are depicted in Figure 3.6-1. The boundaries of the TMAA overlap with five IPHC statistical areas:230,240,250,260, and 270.The overlap with statistical areas 230 and 270 is very small compared with a larger overlap in areas 240,250,and 260.The halibut fishery is conducted in these areas between March through November(IPHC 2010).The majority of the fishery occurs over the shelf in waters 200 meters or less; however there have been reports of halibut caught in much deeper waters (up to 500 meters) during the summer months (Adams pers. comm. 2010). The Alaska Fisheries Science Center of NMFS conducts annual surveys in the GOA and has found that the frequency of occurrence of halibut in the summer occurs at depths between 100-150 meters and the frequency sharply falls off at 200 meters.For example,out of 3,004 individuals caught in waters up to 550 meters deep, 2,958 individuals were caught in depths less than 200 meters, 46 individuals caught between 200-550 meters, and of those 46 fish only 8 individuals were caught at depths between 400 to 500 meters(Von Szalay pers.comm.2010). The sablefish fishery began about 1906,and was relatively unimportant until about 1935 when the catch began to increase with effort continuing through 1945. Since 1946, the harvest has fluctuated and, following a period of stock decline, the fishery has now expanded to all areas of the GOA (NPFMC 2009). Fish Habitat in the Gulf of Alaska TMAA Habitat characteristics include geomorphic, physical, biological, and chemical parameters. Interactions between environmental parameters make up habitat and determine the biological niche of a species. Habitat parameters affecting fish distribution throughout the TMAA include both physical (depth, substrate, temperature, salinity, and dissolved oxygen) and biological (competitors, predators, and facilitators) variables (NMFS-Northwest Region [NWR] 2005). Habitat types in the GOA can be separated into two zoogeographic provinces: coastal Aleutian(Aleutian Islands to Sitka,Alaska,Dixon Entrance,or Cape Flattery,Washington)and oceanic Subarctic(GOA to Latitude 43°N).These provinces can further be broken down into the following habitat types utilized by managed fishes within the GOA (Briggs 1974,Feder and Jewett 1986,O'Clair and Zimmerman 1986,Allen and Smith 1988,Malecha et al.2005,Peterson 2005). As discussed in Section 3.5,the TMAA is over 12 nm(22.2 km)offshore and does not include nearshore habitat,but primarily consists of offshore open ocean habitats including pelagic,continental shelf,slope, and abyssal plain regions,which are influenced by both the ACC and the Alaska Gyre.However,a brief description of nearshore habitats is provided since some fishes may utilize this habitat throughout their life cycle. FISH 3.6-7 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 253 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Nearshore Habitats Embayments Embayments include bays, fjords, and inlets influenced by both the ocean and river and serve as the transitional zone between fresh and saltwater. Major embayments found north and northwest of the TMAA include Prince William Sound,Resurrection Bay,and lower Cook Inlet. Islands Islands include areas separated from the mainland by straits (Kodiak Island by Shelikof Strait) or occurring at mouth of embayments(Montague Island—Prince William Sound or Barrens Island—lower Cook Inlet). Nearshore Biogenic Habitats Nearshore biogenic habitats include kelp,seagrass,and epifaunal invertebrates.The biological component (kelp, seagrass,or epifaunal invertebrates)associated with the habitat is generally the feature that makes that habitat suitable for a particular species or life stage(e.g.,groundfish). Nearshore Unconsolidated Bottom(silt,mud,gravel,or mixed) Composed of small particles(gravel, sand,mud, silt,or mixtures of these particles),these areas contain little to no vegetation due to the lack of stable surfaces for attachment. Contains infaunal invertebrates (i.e., polychaetes, other worms, bivalves) and abundant transient consumers (e.g., fishes, crustaceans, shorebirds). Nearshore Hardbottom Nearshore hardbottom is composed of bedrock,boulders,cobble,or gravel/cobble.Nearshore hardbottom is one of the least abundant benthic habitats,but one of the most important for fishes,especially rockfish (e.g.,Sebastes spp.), lingcod, and sculpins. Most Alaska Pacific herring stocks spawn in intertidal and shallow subtidal hardbottom. Nearshore Water Column The nearshore water column, or coastal epipelagic zone, includes egg,juvenile, and larval stages of groundfish commonly associated with macrophyte canopies or drift algae. Offshore(Shelf and Slope Habitats) Offshore Biogenic Habitats(corals,sponges,etc.) Biogenic habitats include structure-forming invertebrates such as corals, basketstars, brittlestars, demosponges, gooseneck barnacles, sea anemones, sea lilies, sea urchins, sea whips, tube wonns, and vase sponges. Offshore Unconsolidated Bottom(silt,mud,sand,gravel,or mixed) Unconsolidated bottom is composed of cobble,gravel,sand,or silt which contains little to no vegetation due to the lack of stable surfaces for attachment. Offshore Hardbottom The hardbottom is composed of bedrock, boulders, cobble, or gravel/cobble. Large, mobile, demersal fishes(e.g.,rockfish,sablefish,Pacific hake,spotted ratfish)are typically associated with this habitat. FISH 3.6-A Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 254 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS IIII FINAL(MARCH 2011) rw II�II a 0 r rot //riiiiii/ % rr. !i�r cur /i °o /ll�/i %��'"^, o'er / „di U�✓�j7; � � ��/%irj„� iy y er,„, '4'y. i) / rri LU Z u� sn- Figure 3.6-1:International Pacific Halibut Commission Statistical Areas FISH 3.6-9 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 255 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Offshore Artificial Structures Artificial structures include artificial reefs utilized by rockfish. Artificial reefs are often composed of concrete,tires,or sunken ships;these features create habitat for sea life. Offshore Water Column:Pelagic Zone The pelagic zone is home to the highly migratory species(e.g.,high seas salmon),other relatively large pelagics, and early life stages of groundfish inhabiting the epipelagic/mesopelagic area or that are in association with fronts, current systems, and macrophyte canopies or drift algae associated with the TMAA. 3.6.1.2 Essential Fish Habitat The Magnuson-Stevens Fishery Conservation and Management Act(MSFCMA)(16 United States Code [U.S.C.] §1801 et seq.),as amended by the Sustainable Fisheries Act(SEA),mandates identification and conservation of EFH.The MSFCMA defines EFH as those waters and substrates necessary(required to support a sustainable fishery and the managed species)to fish for spawning,breeding,feeding,or growth to maturity (i.e., full life cycle). These waters include aquatic areas and their associated physical, chemical, and biological properties used by fish, and may include areas historically used by fish. Substrate types include sediment,hard bottom,structures underlying the waters,and associated biological communities.Federal agencies are required to consult with NMFS and to prepare an EFH Assessment if potential adverse effects on EFH are anticipated from their activities. A detailed EFH Assessment has been prepared for the TMAA. The NMES and regional Fishery Management Councils(FMCS)develop EFH descriptions for federally managed fish species and include them in their respective Fishery Management Plans(FMPs).The FMPs identify and describe EFT,describe the EFH impacts(fishing and nonfishing),and suggest measures to conserve and enhance the EFH. The NPFMC developed FMPs for all fisheries occurring within the boundary of the TMAA.A description of designated EFH for the life stage that occurs within the TMAA is presented in Tables 3.6-1 and 3.6-2. The GOA is defined in the FMP as the U.S. EEZ of the North Pacific Ocean,exclusive of the Bering Sea,between the eastern Aleutian Islands at 170'W longitude and Dixon Entrance at 132°40'W longitude and includes the Western,Central, and Eastern regulatory areas (USDC,NOAA 2005). Table 3.6-1:The Fish and Invertebrate Species with EFH Designated in the Gulf of Alaska TMAA Fishery Management Early Late Species Eggs Larvae Adult ' Plan Juvenile Juvenile. Scallop Weathervane scallop X X Arrowtooth flounder X X X Atka mackerel X Dover sole X X X X Dusky rockfish X X Flathead sole X X X X Groundfish Northern rockfish X X Pacific cod X X X X Pacific ocean perch X X X Rex sole X X X X Rock sole X X X Sablefish X X X X Sculpins X X FISH 3.6-10 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 256 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-1:The Fish and Invertebrate Species with EFH Designated in the Gulf of Alaska TMAA (continued) Fishery Early Late Management Plan Species Eggs Larvae Juvenile Juvenile Adult Shortraker/rougheye rockfish X X Skates X Groundfish Squid X X (continued) Thornyhead rockfish X X X Walleye Pollock X X X X Yelloweye rockfish X X X Table 3.6-2:Salmon Species with EFH Designated in the Gulf of Alaska TMAA Fishery Freshwater Marine Freshwater Estuarine Marine Irnmaturel Freshwater Management Species Larvae/ Maturing'Eggs Juveniles Juveniles" Adults" Plan Juveniles Adults: Chinook X X Chum X X Salmon Coho X X Pink X X Sockeye X X The status, distribution, habitat preference (substrate, depth, temperature, and salinity), life history (migration, movements, and spawning), common prey species, and EEH designations of the species complexes and/or individual species are summarized in greater detail in an EEH Assessment prepared by the Navy. Habitat Areas of Particular Concern(HAPCs)are a subset of EFH.FMCS are encouraged to designate HAPCs under the MSFCMA. HAPCs are identified based on habitat level considerations rather than species life stages as are identified with EFH. EEH guidelines published in federal regulations identify HAPCs as types or areas of habitat within EEH that are identified based on one or more of the following considerations: • The importance of the ecological function provided by the habitat. • The extent to which the habitat is sensitive to human-induced environmental degradation. • Whether,and to what extent,development activities are or will be stressing the habitat type. • The rarity of the habitat type(50 Code of Federal Regulations[C.F.R.]600.815(a)(8)) Several habitat types identified as HAPCs(areas with living substrates in shallow/deep waters)focus on specific habitat locations, such as seamounts and hard coral areas(NPFMC 2005a).Amendments to the FMP for salmon fisheries in the EEZ off the coast of Alaska,the FMP for the scallop fishery off Alaska, and the FMP for groundfish of the GOA have established the following Habitat Conservation Areas and Habitat Protection Areas in the GOA: 10 Gulf of Alaska Slope Habitat Conservation Areas (GOASHCAs), 15 Alaska Seamount Habitat Protection Areas (ASHPAs), and 5 Gulf of Alaska Coral Habitat Protection Areas(NMFS 2006).Within the TMAA,one GOASHCA(Cable)and three ASHPAs (ball, Giacomini, and Quinn Seamounts)occur almost entirely within the TMAA (Figure 1-24). Other FISH 3.6-11 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 257 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) areas, such as the Kodiak Seamount and Middleton West GOASHCA are partially located in the TMAA (see Figure 3.5-7). Scallop Fishery Management Plan Scallops are managed jointly by NMFS and Alaska Department of Fish and Game (ADFG)under the IMP for the Scallop Fishery off Alaska(NPFMC 2004b). This IMP covers all scallop stocks off the coast of Alaska including the weathervane (Patinopecten caurinus), pink(Chlamys ruhida), spiny (C. hastata), and rock(Crassadoma gigantea), scallops representing the family Pectinidae (USDC,NOAA 2005).Of the four scallop species,the weathervane scallop is the only commercially exploited scallop in Alaskan waters that has EFH designated within the TMAA(USDC,NOAA 2005). Therefore, the other three scallop species are not discussed further.A description of EFH for the life stage that occurs within the TMAA is presented in Table 3.6-1. Groundfish Fishery Management Plan The GOA Groundfish IMP and its management regime govern all stocks of finfish(including squid and octopus), except salmon, steelhead, halibut, herring, and tuna. The groundfish complex separates the species into five categories:(1)prohibited species—species and/or species of groups whose catch must be returned to the sea with a minimum of injury except when their retention is authorized by other applicable law (e.g., King and Tanner crabs [Paralithodes/Lithodes spp. and Chionoecetes spp.], Pacific halibut, Pacific herring [Chipea Pallasifl, Pacific salmon, steelhead trout); (2) target species — commercially important species generally targeted by groundfish fishery(e.g.,walleye pollock,Pacific cod); (3)other species — are not usually targeted, have little current economic value, but may contain significant components of the ecosystem or have economic potential(e.g.,sharks,sculpins);(4)forage fish species— critical food source for many marine mammals,seabirds,and fish species(e.g.,smelts,euphausiids);and (5) nonspecified species — species and species groups of no current economic value taken by the groundfish fishery only as incidental catch in the target fisheries(e.g.,grenadiers,eelpouts, sea urchins, mussels,etc.)(USDC,NOAA 2005;NPFMC 2005a).EFH provisions of the MSFCMA do not apply to prohibited and nonspecified species(unless these species are included in the fishery management unit of another IMP),e.g.,Bering Sea/Aleutian Island crab species or salmon fisheries(USDC,NOAA 2005). Target species consist of the following groups: 13 flatfish species(right-eye flounders) consisting of a single family, 32 rockfish and two thornyheads in the family Scorpaenidae; four roundfish species representing three families; and five skate species in the family Rajidae. Other species consist of six sculpins representing two families, three sharks from three families, four squids consisting of two families,and two octopuses representing two families(see Table 3.6-1)(NPFMC 2005b).The forage fish species comprises nine fish families and one crustacean order Euphausiacea (NPFMC 2005a). EFH designation is based upon the aquatic habitat necessary for groundfish production in supporting a long- term sustainable fisheries and contributing to a healthy ecosystem(USDC,NOAA 2005).According to the Final EIS (FEIS)for EFH Identification and Conservation in Alaska, other species, such as sharks, octopi, and forage fishes are lacking sufficient information to define EFH (USDC, NOAA 2005). Therefore,of all the species or assemblages listed in the Groundfish IMP,18 species or assemblages have sufficient information and designated EFH within the TMAA(Table 3.6-1). Description Fifty-nine of the 66 NPFMC managed groundfish species are known to occur in the GOA,including the TMAA(USDC,NOAA 2005).These groundfish species occupy various marine environments including estuaries, tideland marshes, bays, fjords, sandy beaches, unprotected rocky shores, river deltas, and a variety of continental shelf, slope, seamounts, and deep ocean habitats encompassing different physical and biological attributes at various stages in their life histories(Hood and Zimmerman 1986).Research on the life histories and habitats of these species varies in completeness, so while some species are well FISH 3.6-12 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 258 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) studied,there is relatively little information on other species. The status,distribution,habitat preference (substrate,depth,temperature,and salinity),life history(migration,movements,and spawning),common prey species,and EEH designations of the species complexes and/or individual species are summarized below,with greater detail provided in an EEH Assessment prepared by the Navy(NPFMC 1990,2004b, 2005b). The flatfishes in the GOA have been divided into several categories for management purposes.With the exception of arrowtooth flounder,rex sole,and flathead sole,which are managed as individual species, the remaining flatfishes are managed as"shallow-water"and"deepwater"assemblages(USDC,NOAA 2005). Each of the managed individual species has its own EEH designation(Table 3.6-1). The EEH designation of the Alaska plaice and rock and yellowfin soles best represents the shallow-water assemblage,whereas the Dover sole best represents the deepwater assemblage(USDC,NOAA 2005). Status According to NMES (2005a) and NPEMC(2004a), no groundfish stocks are designated as overfished. The abundances of Pacific cod(Gadus maeroeephalus),Pacific ocean perch(Sebaste ahaus), northern rockfish (S. Polyspinis), dusky rockfish (S. eiliatus), thornyheads, flathead sole (Hippoglossoides elassodon), Dover sole, and arrowtooth flounder are above target stock size, whereas abundances of walleye Pollock are below target stock size(NPEMC 2004a).The relative abundances of other deepwater flatfish, shallow-water flatfish, rex sole, shortraker rockfish (S. borealis), rougheye rockfish (S. aleutianus), demersal shelf rockfish, other pelagic shelf rockfish, other slope rockfish, Atka mackerel (Plemrogrammus monoptelygius),and skates are unknown(NMFS 2004a). Currently,the various individual species comprising the groundfish complex are not listed as threatened or endangered or species of concern (formerly candidate species) under the ESA in the TMAA. Five groundfish species are on the IUCN Red List of Threatened Species. Bocaccio (S. Paueispinis) is considered critically endangered due to an estimated reduction of at least 80 percent of its population over the last 10 years or three generations.The shortspine thornyhead(Sebastolobur alaseanus)is considered endangered due to an estimated reduction of at least 50 percent of its population over the last 10 years or three generations.The salmon shark is listed as data deficient,and the big skate is listed as lower risk,but near threatened. The spiny dogfishes' northeast Pacific subpopulation is listed as vulnerable due to the fisheries overexploitation of this species because of its late maturity,low capacity to reproduce,longevity, generation time(25 to 40 years),and a low intrinsic population rate increase of 2 to 7 percent per year. According to the Food and Agriculture Organization(FAO),the salmon shark is listed as category 1 due to a lack of fisheries data(Castro et al.1999). High Seas Salmon Plan Fishery Management Plan Description Five species of Pacific salmon(Chinook,coho,chum,pink, and sockeye salmon)have EFH designated within the TMAA(Duffy et al.2005).All species are similar in appearance and have an anadromous life history(USDC,NOAA 2005).Anadromous salmon depend on the ecological integrity and connectivity of a suite of habitats extending from the natal freshwater spawning or rearing streams to estuaries and then to coastal, shelf, and offshore waters for their growth (Groot and Margolis 1991). The relative importance of estuarine and coastal marine environments differs within and among the various salmon species due to differences in residence times and utilization of these environments (DICES 2004). All species of salmon spawn in gravel beds in freshwater rivers and streams, or along lake-shores(Thorpe 1994, Anchor Environmental L.L.C. and People for Puget Sound 2002). Coho and Chinook salmon typically migrate to sea after extended periods of rearing as juveniles in freshwaters;whereas pink salmon do not rear long in freshwater and migrate to sea soon after emergence from natal gravel beds(Duffy et al.2005).Juvenile salmon reside mainly in nearshore intertidal waters,which provide five key functions: FISH 3.6-13 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 259 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) migration corridors,food production,physiological refuge,refuge from predators,and high-energy refuge (Good et al.2005).After achieving some size threshold or after a temporal cue(e.g.,a specific residence time), salmon move from shallow nearshore to offshore surface waters in estuarine and marine waters (NMFS 2005b,2005c,USEWS 2005). EFH Designations Salmon EFH includes streams, lakes, ponds, wetlands, and other water bodies currently or historically accessible to salmon.The geographic extent of marine EFH for salmon extends from the nearshore and tidal submerged environments within state territorial seas out to the full extent of the Exclusive Economic Zone(EEZ),200 nm offshore(PFMC 2000,USDC;NOAA 2005).Freshwater EFH for salmon(streams, lakes,ponds,or wetlands)is not within the TMAA.For more information on freshwater EFT,see USDC, NOAA(2005). Status None of these high seas salmon are currently listed on the International Union for Conservation of Nature and Natural Resources (IUCN) red list of threatened species. Those species listed under the ESA are discussed in Section 3.6.1.3. 3.6.1.3 Threatened and Endangered Species The Navy is currently conducting ESA Section 7 consultations with NMFS to address effects to listed fish species for the Preferred Alternative(Alternative 2). Federally listed species of fish are identified by Evolutionarily Significant Units (ESUs) or Distinct Population Segments(DPSs). This policy indicates that one or more naturally reproducing populations will be considered to be distinct population segments and, hence, a species under the ESA, if they represent an ESU or DPS of the biological species.To be considered an ESU,a population must satisfy two criteria:(1)It must be reproductively isolated from other population units of the same species,and(2) it must represent an important component in the evolutionary legacy of the biological species(Good et al. 2005).The first criterion,reproductive isolation,need not be absolute but must have been strong enough to permit evolutionarily important differences to occur in different population units.The second criterion is met if the population contributes substantially to the ecological or genetic diversity of the species as a whole(NMFS 1999).The DPS policy adopts criteria similar to,but somewhat different from,those in the ESU policy for determining when a group of vertebrates constitutes a DPS: the group must be discrete from other populations and it must be significant to its taxon(NMFS 2006). Once an ESU or DPS is listed,the ESA requires NOAA and USFWS to designate"critical habitat'for the species. "Critical habitat'is defined as: 1) specific areas within the geographical area occupied by the species at the time of listing,if they contain physical or biological features essential to conservation,and those features may require special management considerations or protection;and 2)specific areas outside the geographical area occupied by the species if the agency determines that the area itself is essential for conservation. Salmonids Various listed ESUs or DPSs of salmonids (Chinook salmon, coho salmon, chum salmon, sockeye salmon,and steelhead)migrate north to mature in the GOA and may occur in the TMAA(Table 3.6-3). While these listed salmonids have designated critical habitat,none of the critical habitat occurs within the TMAA. Salmon (Chinook and coho, in particular) support important traditional, commercial, and recreational fisheries in the GOA and have long been an integral part of the Native American culture (NPFMC 1990).Salmon are extremely important to both marine and terrestrial ecosystems(Gende et al. 2002). FISH 3.6-14 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 260 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-3:Pacific Salmonid ESUs and DPSs in the TMAA and Vicinity Species ESU ESA Listing Critical Habitat in Status TMAA'! Sacramento River Winter-run Endangered No Upper Columbia River Spring-run Endangered No Snake River Spring/Summer-run Threatened No Snake River Fall-run Threatened No Chinook Central Valley Spring-run Threatened No Salmon California Coastal Threatened No Puget Sound Threatened No Lower Columbia River Threatened No Upper Willamette River Threatened No Central California Coast Endangered No Coho Southern Oregon/Northern California Coasts Threatened No Salmon Lower Columbia River Threatened No Oregon Coast Threatened No Chum Hood Canal Summer-run Threatened No Salmon Columbia River Threatened No Sockeye Snake River Endangered No Salmon Ozette Lake Threatened No Southern California Endangered No Upper Columbia River Threatened No Snake River Basin Threatened No Middle Columbia River Threatened No Lower Columbia River Threatened No Steelhead Upper Willamette River Threatened No Trout South-Central California Coast Threatened No Central California Coast Threatened No Northern California Threatened No California Central Valley Threatened No Puget Sound Threatened No Source:WES 2009 Chinook Salmon The Chinook salmon's historical range in North America extended from the Ventura River in California to Point Hope, Alaska(Myers et al. 1998). The natural freshwater range for Chinook salmon extends throughout the Pacific Rim of North America. This species has been identified from the San Joaquin River in California to the Mackenzie River in northern Canada (Healey 1991). The oceanic range encompasses Washington,Oregon,California,throughout the north Pacific Ocean,and as far south as the U.S./Mexico border (PFMC 2000). Offshore ocean distribution is generally more limited (within 200 miles[mi]of the coast)for Chinook than other Pacific salmonids(NPFMC 1990). Chinook salmon exhibit one of the more diverse and complex life history strategies of all Pacific salmon and are separated into two generalized life-history types: stream-type and ocean-type(Myers et al. 1998, PFMC 2000).Timing of migration to seawater for juveniles is highly variable(PFMC 2000).Ocean-type juveniles may migrate to the ocean immediately after hatching in the late winter or early spring,but most FISH 3.6-15 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 261 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) remain in freshwater for 30 to 90 days (USDC, NOAA 2005). Ocean-type juveniles typically inhabit estuaries for several months before migrating to higher salinity waters (PFMC 2000). Stream-type juveniles pass quickly through estuaries,are highly migratory,and may make extensive migrations in the open ocean(USDC,NOAA 2005).Fry enter the upper reaches of estuaries in late winter for the more southern populations or early spring for the more northern populations(PFMC 2000).For a year or more, they reside as fry or parr in freshwater where they exhibit downstream dispersal and utilize a variety of freshwater rearing environments before migrating to sea(Healey 1991).They perform extensive offshore oceanic migrations and return to their natal river during the spring and early summer, several months prior to spawning(Healey 1991).Ocean residency varies but may last from 1 to 6 years(Healey 1991). Stream-type adults often enter freshwater in the spring and summer as immature fish and spawn in upper watersheds in late summer or early fall (PFMC 2000). Stream-type life histories are most common in Alaska,but ocean-type populations are also present in a few watersheds(USDC,NOAA 2005). Ocean-type Chinook migrate to the ocean within the first year (typically within a few months) after emergence where they spend an average of 4 to 5 years. (Myers et al. 1998,PFMC 2000,Augerot and Foley 2005).Ocean-type Chinook salmon spend most of their ocean life in coastal waters,and return to their natal rivers from spring to winter (Healey 1991). Spawning may range from May/June to December/January depending on location but periods are specific for each run and/or stock(Emmett et al. 1991, Healey 1991, PFMC 2000). Spawning may occur from the tidewater to 1,988 mi (3,200 km) upstream(Healey 1991). Stream-type and ocean-type spawning populations are separated considerably (Healey 1991).In North America there seems to be a sudden shift from stream-type to ocean-type stocks somewhere around Alaska-British Columbia border(Healey 1991).South of approximately 56°N,stream- type Chinook are only found in larger rivers with ocean-type salmon dominating the majority of the runs (Healey 1991). Chinook salmon may return to their natal streams during any month but there are one to three peaks associated with salmon migratory activity (Healey 1991). These peaks vary between river systems. Northern river systems generally see a single peak in migratory activity around June,although runs can possibly occur from April to August(Healey 1991). As you go farther south,runs occur progressively later(Healey 1991). Within the TMAA, early life history stages for Chinook occur in freshwater but juveniles and adults utilize marine habitats. Juvenile Chinook prefer coastal areas (less than 34 mi [55 km]) throughout California, Oregon, and Washington, north to the Strait of Georgia and the Inland Passage, Alaska (PFMC 2000). The majority of marine juveniles are found within 17 mi (28 km) of the coast(PFMC 2000). They tend to concentrate around areas of pronounced coastal upwellings (PFMC 2000). Populations originating north of Cape Blanco, Oregon migrate north to the GOA, while populations originating south of Cape Blanco migrate south and west into the waters off California and Oregon (PFMC 2000). Chinook salmon spawning in rivers south of the Rogue River in Oregon rear in marine waters off California and Oregon,whereas,salmon spawning in rivers north of the Rogue River migrate north and west along the Pacific coast(USDC, NOAA 2005). These migrations are important from a management perspective since fish from Oregon, Washington, British Columbia, and Alaska have the potential of being harvested in the GOA(USDC,NOAA 2005). Coho Salmon Coho salmon are found in freshwater drainages from Monterey Bay,California north along the west coast of North America to Alaska,around the Bering Sea south through Russia to Hokkaido,Japan(California Department of Fish and Game [CDFG] 2002). Oceanic lifestages are found from Camalu Bay, Baja California north to Point Hope,Alaska and through the Aleutian Islands(Marine Biological Consultants [MBC] 1987, Sandercock 1991, USDC,NOAA 2005). In the northeastern Pacific, coho can be found south of 40°N,but only in the coastal waters of the California Current(MBC 1987).Tagging studies have FISH 3.6-16 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 262 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) shown coho originating from Washington and Oregon as far north as 60°N latitude and coho originating from California as far north as 58°N latitude (PFMC 2000). Oregon coho have been taken in offshore waters near Kodiak Island in the northern Gulf of Alaska.Westward migration of coho salmon appears to extend beyond the EEZ beginning at approximately 45°N latitude off the coast of Oregon(PFMC 2000). In strong upwelling years coho are more dispersed offshore, whereas in weak upwelling years they concentrate near submarine canyons and areas of consistent upwelling. Adult coho migrate into streams where they deposit their eggs in gravel (Sandercock 1991). Eggs incubate throughout the winter and emerge in the spring as free-swimming fry (Sandercock 1991). Typical freshwater and estuarine residency time in Alaska is one to two years,though coho may spend up to 5 years if their growth is slow(USDC,NOAA 2005).Juveniles spend a minimum of 18 months at sea before returning to their natal streams to repeat the process(NPFMC 1990,Sandercock 1991). Adult coho salmon migrate to their natal streams from June to February with northern populations beginning their return earlier than southern populations (Emmett et al. 1991, Sandercock 1991). Throughout their range,coho exhibit a variety of return timing patterns(Sandercock 1991).Most juvenile migration occurs from April to August with a peak in May(Emmett et al. 1991).Generally,as you move farther north, estuarine residency time for juveniles increases (PFMC 2000).Upon entering the ocean, coho may spend several weeks or their entire first summer in coastal waters before migrating north (PFMC 2000).In Alaska,coho spend up to 4 months in coastal waters before migrating offshore(USDC, NOAA 2005). Tag, release, and recovery studies suggest that coho salmon of California origin can be found as far north as southeast Alaska and salmon from Oregon and Washington as far north as the northern GOA (PFMC 2000). The extent of coho migrations appears to extend westward along the Aleutian Island chain ending somewhere around Emperor Seamount(believed to be an area of high prey abundance; PFMC 2000). The southern extent of the population expands and contracts annually, with Point Conception, California generally considered the faunal break for the coho and other temperate marine species(PFMC 2000).Offshore,juvenile coho are generally found in waters over the continental shelf,ranging from 23 to 46 mi(37 to 74 km)from shore(USDC,NOAA 2005).Adult coho may enter freshwater as early as July in the Alaska and as late as December or January in California(Sandercock 1991, PFMC 2000). Summer-run coho may enter rivers exceptionally early (spring or early summer; PFMC 2000).Larger rivers have a wider range of entry times than smaller systems(PFMC 2000). Because of the coho's extended residency in freshwater environments(streams,ponds, and lakes), they are especially vulnerable to anthropogenic activities such as timber harvesting,mining,and road building (NPFMC 1990).Catch rates for coho in Alaska are at historically high levels and most stocks are rated as stable(USDC,NOAA 2005). Chum Salmon Chum salmon have the largest range of natural geographic and spawning distribution of all the Pacific salmon species (Pauley et al. 1988). Historically, in North America, chum salmon occurred from Monterey,California to the Arctic coast of Alaska and east to the Mackenzie River which flows into the Beaufort Sea. Present spawning populations are now found only as far south as Tillamook Bay on the northern Oregon coast(Salo 1991).Juvenile chum occur along the coast of North America and Alaska in a band that extends out to 22 mi(36 km)(Salo 1991). Chum salmon are an anadromous species distributed throughout the North Pacific Ocean(Salo 1991). They are highly migratory with fry heading seaward immediately after emergence (NPFMC 1990, Salo 1991).Chum salmon do not have the clearly defined smolt stages that occur in other salmonids;however they are capable of adapting to seawater soon after emergence from the gravel(Salo 1991).Migrations of juvenile chum are correlated with the warming of nearshore waters(Salo 1991).They migrate to estuaries during their first spring or summer and spend little time rearing in freshwater (Pauley et al. 1988). FISH 3.6-17 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 263 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Juveniles enter estuaries from March to mid-May where they remain for several months(Emmett et al. 1991).As chum salmon grow,there is a general movement toward the ocean,moving offshore from April to June(Emmett et al.1991).They then head north along the continental shelf until they reach the Gulf of Alaska(Emmett et al.1991).Adults return to their natal streams at various ages but generally within 2 to 5 years(Salo 1991).Chum salmon return to their natal streams from June to January with more northern populations returning earlier than those to the south (USDC, NOAA 2005). The majority of chum spawning in Alaska is finished by November(USDC,NOAA 2005). For chum salmon, two spawning stocks exist: a northern stock that spawns from June to September and a southern(late-run) stock that spawns from August to January(Emmett et al.1991). Within the TMAA,early life history stages for chum salmon occur in freshwater but juveniles and adults utilize marine habitats. Juvenile chum migrations follow the GOA coastal belt to the north, west, and south during their first summer at sea(Salo 1991). While overall migration patterns of juvenile chum salmon within the GOA are understood, nearshore residency times and offshore migrations patterns are still unclear(Salo 1991).Migrations of immature fish during the late summer,fall,and winter occur in a broad southeasterly fashion,primarily south of 50°N and east of 155°W in the GOA.During the spring and early summer, chum salmon migrate to the north and west(Salo 1991).Maturing fish destined for North American streams are widely distributed throughout the GOA during the spring and summer(Salo 1991). Sockeye Salmon The sockeye salmon are primarily anadromous,where they migrate as juveniles from freshwater habitats to marine environments and return to freshwater habitats to spawn,but there are also distinct landlocked populations (kokanee) which never migrate to marine waters, spending their entire life cycle in fresh water habitats(Burgner 1991,Emmett et al.1991). After emergence,sockeye typically rear in lakes or glacial river sloughs for 1 to 3 years before migrating to the ocean (NPFMC 1990, Burgner 1991). Anadromous sockeye spend 1 to 4 years at sea before returning to their natal streams in the summer and autumn to spawn and eventually die. Offshore movements of sockeye are complex and are affected by a variety of physical factors (e.g., season, temperature,and salinity)and biological factors(e.g.,life stage,age and size,availability and distribution of prey,and stock-of-origin;Burgner 1991).Juveniles generally remain in a band close to the coast upon entering the ocean environment (USDC, NOAA 2005). In British Columbia and southeast Alaska, juveniles are usually present in the open sea by late June. These fish are found moving northwestward into the GOA during July. This northwestward movement up the eastern Pacific Rim is followed by a southwestward migration along the Alaskan Peninsula(USDC,NOAA 2005). In North America, spawning populations are found from the Sacramento River in California, north to Kotzebue Sound(Burgner 1991). Spawning is temperature-dependent and varies by location generally occurring from August to December and peaking in October(Emmett et al. 1991). Sockeye generally spawn in streams associated with lakes where the juveniles rear in the li metic zone before they smoltify and migrate to the ocean(Pauley et al.1989,Burgner 1991,Emmett et al.1991).For this reason,the two largest spawning complexes are the Bristol Bay watershed in southwestern Alaska and the Fraser River watershed in British Columbia,both of which have extensive lake rearing habitats accessible to sockeye (Burgner 1991). Within the TMAA, early life history stages for sockeye occurs in lakes and streams,but juveniles and adults utilize marine habitats and vicinity.Seaward migrations in Alaska begin in mid-May in association with salinity gradients(NPFMC 1990). Soon after entering the ocean,juvenile sockeye(excluding those from Bristol Bay)begin moving north into the GOA where they remain along the coastal belt until late- fall or early-winter. They then disperse offshore moving west and south(Emmett et al. 1991). In the FISH 3.6-I8 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 264 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) GOA,sockeye move north during the spring and summer and south and west during the winter(Emmett et al.1991).Ocean residency for sockeye is 1 to 4 years(Pauley et al.1989). Steelhead Trout Steelhead trout exhibit a great diversity of life history patterns,and are phylogenetically and ecologically complex. Steelhead may exhibit either an anadromous life style, or a freshwater residency,where they spend their entire life in freshwater(NMFS 1997).Freshwater residents are referred to as rainbow trout. Different life history forms include anadromous and nonanadromous,winter or summer steelhead,inland or coastal groupings, and half-pounder strategies. Some anadromous forms spend up to 7 years in freshwater and 3 years in the ocean prior to their first spawning (Busby et al. 1996), while other anadromous steelhead typically spend the first 2 years of their lives in freshwater,migrate to the marine environment and spend 2 to 3 years there,before returning to the freshwater environment to spawn at 4 to 5 years of age(McEwan and Jackson 1996,Schultz 2004). Steelhead have excellent homing abilities and have been separated into two races depending on their return to their natal stream (winter-run and summer-run; Emmett et al. 1991). Winter-run steelhead migrate upstream during the fall,winter,and early spring,whereas summer-run steelhead migrate during the spring, summer, and early fall (Emmett et al. 1991). Winter steelhead enter their home stream in various stages of sexual maturation from November to April,and spawn within a few months of entering the river between late March and early May(Pauley et al.1986).They are the most widespread of the two reproductive types. Coastal streams are dominated by winter steelhead, and there are only a few occurrences of inland winter steelhead populations (Busby et al. 1996). Juveniles generally rear in freshwater for 1 to 4 years before migrating to the ocean where they reside from 1 to 5 years(Emmett et al. 1991). Steelhead may also exhibit a"half-pounder"run(mostly summer steelhead)where they return to natal streams after only a few months at sea,overwinter,and then migrate back to the ocean(Emmett et al. 1991).Steelhead spend little time in estuaries and are abundant throughout the North Pacific and Gulf of Alaska(Emmett et al.1991). Spawning typically occurs from December to June; peaks are in February and March (McEwan and Jackson 1996). Steelhead can spawn more than once (iteroparity); all other species of Pacific Oncorhynchus spawn once and then die (semelparity).North of Oregon, repeat spawning is relatively uncommon and more than two spawning migrations is rare.Iteroparity occurs predominantly in females (Busby et al.1996). In the TMAA and vicinity,early life history stages of the steelhead are found only in freshwater habitats, while the later life history stages of the anadromous life form(i.e.,juveniles and adults)utilize the marine environment.In the spring,Alaskan steelhead smolt leave their natal streams and enter the ocean where they reside for 1 to 3 years before returning to spawn(USDC,NOAA 2005).Populations may return in July (summer-run) or in August, September, and October (fall-run; USDC, NOAA 2005). Summer returns are rare in Alaska and are only found in a few southeast Alaska streams.Fall-run steelhead are much more common in Alaska, north of Frederick Sound, and are found in rivers, such as the Anchor, Nahu, Karluk, and Situk. Steelhead also exhibit spring runs (April, May, and June), but they are predominately found in southeast Alaska. 3.6.1.4 Hearing in Fish All fish have two sensory systems that are used to detect sound in the water including the inner ear,which functions very much like the inner ear found in other vertebrates,and the lateral line,which consists of a series of receptors along the body of the fish (Popper 2008). The inner ear generally detects higher frequency sounds while the lateral line detects water motion at low frequencies(below a few hundred Hz) (Hastings and Popper 2005).A sound source produces both a pressure wave and motion of the medium FISH 3.6-19 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 265 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) particles (water molecules in this case), both of which may be important to fish. Fish detect particle motion with the inner ear.Pressure signals are initially detected by the gas-filled swim bladder or other air pockets in the body, which then re-radiate the signal to the inner ear (Popper 2008). Because particle motion attenuates relatively quickly,the pressure component of sound usually dominates as distance from the source increases. The lateral line system of a fish allows for sensitivity to sound(Hastings and Popper 2005).This system is a series of receptors along the body of the fish that detects water motion relative to the fish that arise from sources within a few body lengths of the animal. The sensitivity of the lateral line system is generally from below 1 Hz to a few hundred Hz(Coombs and Montgomery 1999,Webb et al.2008).The only study on the effect of exposure to sound on the lateral line system(conducted on one freshwater species) suggests no effect on these sensory cells by intense pure tone signals (Hastings et al. 1996). While studies on the effect of sound on the lateral line are limited,Hasting et al.'s(1996)work,showing limited sensitivity to within a few body lengths and to sounds below a few hundred Hz,make the effect of the mid-frequency sonar of the Proposed Action unlikely to affect a fish's lateral line system.Therefore, further discussion of the lateral line in this analysis in unwarranted. Broadly, fish can be categorized as either hearing specialists or hearing generalists (Scholik and Yan 2002).Fish in the hearing specialist category have a broad frequency range with a low auditory threshold due to a mechanical connection between an air filled cavity, such as a swimbladder, and the inner ear. Specialists detect both the particle motion and pressure components of sound and can hear at levels above 1 kilohertz(kHz).Generalists are limited to detection of the particle motion component of low-frequency sounds at relatively high sound intensities(Amoser and Ladich 2005). It is possible that a species will exhibit characteristics of generalists and specialists and will sometimes be referred to as an"intermediate" hearing specialist. For example, most damselfish are typically categorized as generalists, but because some larger damselfish have demonstrated the ability to hear higher frequencies expected of specialists, they are sometimes categorized as intermediate. Of the fish species with distributions overlapping the TMAA for which hearing sensitivities are known, most are hearing generalists,including salmonid species. Although hearing capability data only exists for fewer than 100 of the 29,000 fish species(Popper 2008), current data suggest that most species of fish detect sounds from 0.05 to 1.0 kHz,with few fish hearing sounds above 4 kHz (Popper 2008). Moreover, studies indicate that hearing specializations in marine species are quite rare and that most marine fish are considered hearing generalists(Popper 2003,Amoser and Ladich 2005). Specifically, the following species are all believed to be hearing generalists: elasmobranchs (i.e., sharks and rays) (Casper et al. 2003, Casper and Mann 2006, Myrberg 2001), scorpaeniforms(i.e., scorpionfishes, searobins, sculpins)(Lovell et al.2005), scombrids(i.e., albacores, bonitos, mackerels, tunas) (Iversen 1967, Iversen 1969, Popper 1981, Song et al. 2006), damselfishes (Egner and Mann 2005, Kenyon 1996, Wright et al. 2005, Wright et al. 2007), and more specifically, midshipman fish(Porichthys notatus)(Sisneros and Bass 2003),Atlantic salmon(Salmo salar)(Hawkins and Johnstone 1978), and Gulf toadfish(OPsanus beta) (Remage-Healey et al. 2006). Moreover, it is believed that the majority of marine fish have their best hearing sensitivity at or below 0.3 kHz(Popper 2003).However,it has been demonstrated that marine hearing specialists, such as some Clupeidae,can detect sounds above 100 kHz.A list offish hearing sensitivities is presented in Table 3.6-4. In contrast to marine fish, several thousand freshwater species are thought to be hearing specialists. Nelson(1994)estimates that 6,600 of 10,000 freshwater species are otophysans(catfish and minnows), which are hearing specialists. Interestingly, many generalist freshwater species, such as perciforms (percids, gobiids) and scorpaeniforms (sculpins) are thought to have derived from marine habitats (Amoser and Ladich 2005).It is also thought that Clupeidae may have evolved from freshwater habitats FISH 3.6-20 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 266 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) (Popper et al.2004).This supports the theory that hearing specializations likely evolved in quiet habitats common to freshwater and the deep sea because only in such habitats can hearing specialists use their excellent hearing abilities(Amoser and Ladich 2005). Table 3.6-4:Marine Fish Hearing Sensitivities Description Common Scientific Sensitivity Family Ran e'kHz Hearing Greatest S Sensitivity of Family Name Name Classification Low High (kHz) Albulidae Bonefishes Bonefish A/bula vul es 0.1 0.7 0.3 Generalist An uillidae Eels European eel Anguilla an uilla 0.01 0.3 0.04-0.1 Generalist Ariidae Catfish Hardhead Ariopsis felis 0.05 1 0.1 Generalist sea catfish Midshipman Porichthys .065 0.385 Generalist Batrachoididae Toadfishes notatus Gulf toadfish Cpsanus beta <1 Generalist A/osa Alewife pseudoharengu 0.12 Specialist s Blueback A/osa aestivalis 0.12 Specialist herring American A/osa 0.2-0.8 and Herrings, shad sapidissima 0.1 0'18 0.025-0.15 Specialist Clupeidae shads, Gulf Brevoortia 0.1 Specialist menhadens, menhaden patronus sardines Bay anchovy Anchoa mitchilli 4 Specialist Scaled Harengula 4 Specialist sardine jaguana Spanish Sardinella aurita 4 Specialist sardine Pacific Clupea pa/lasii 0.1 5 Specialist herring Chondrichthyes Cartilaginous [Class] fishes,rays, 0.2 1 Generalist sharks,skates Cods, Gadidae gadiforms, Cod Gadus morhua 0.002 0.5 0.02 Generalist grenadiers, hakes Gobidae Gobies Black goby Gobius ni er 0.1 0.8 1 Generalist Shoulderbar Myripristis 0.1 3.0 0.4-0.5 Specialist Holocentridae Squirrelfish soldierfish kuntee and soldierfish Hawaiian Adioryx 0.1 0.8 Generalist squirrelfish xantherythrus Tautog Tautoga onitis 0.01 0.5 0.037- Generalist Labridae Wrasses 0.050 wrass Blue-head ifascisoma 0.1 1.3 0.3-0.6 Generalist wrasse bifasciatum Lutjanidae Snappers Schoolmaster Lutjanus apodus 0.1 1.0 0.3 Generalist sna2per Myctophidae Lanternfishes Warming's Ceratoscopelus Specialist lanternfish warmingii Flatfish, Dab Limanda 0.03 0.27 0.1 Generalist Pleuronectidae including limanda Pacific halibut European Pleuronectes 0.03 0.2 T 0.11 Generalist plaice platessa FISH 3.6-21 Resolution No. FY2015-22 Opposing Navy Training Exercises in... 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GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-4:Marine Fish Hearing Sensitivities(continued) Description Common' Scientific Hearing G reatest Sensitivity Family Ran e(kHz Sensitivity of Family Name Name Classification Low High (kHz) Pomadasyidae Grunts Blue striped Haemulon 0.1 1.0 Generalist runts sciurus Sergeant Abudefduf Generalist/ major saxatilis 0.1 1.6 0.1-0.4 Intermediate damselfish Pomacentridae Damselfish Bicolor Stegastes 0.1 1.0 0.5 Generalist/ damselfish artitus Intermediate Nagasaki Pomacentrus Generalist/ damselfish nag asakiensis 0.1 2.0 <0.3 Intermediate Salmonidae Salmons Atlantic Sa/mo sa/ar <0.1 0.58 Generalist salmon Atlantic Micropogonias 0.1 1.0 0.3 Generalist croaker undulatus Spotted sea Cynoscion Generalist trout nebulosus Kingfish Menticirrhus Generalist Drums, amencanus Sciaenidae weakfish, Spot Leiost rus xanthuus 0.2 0.7 0.4 Generalist croakers Black drum Pogonias 0.1 0.8 0.1-0.5 Generalist cromis Weakfish Cynoscion 0.2 2.0 0.5 Specialist re alis Silver perch Sairdiella 0.1 4.0 0.6-0.8 Specialist chrysoura Bluefin tuna Thunnus 1.0 Generalist th nnus Albacores, yellowfin tuna Thunnus 0.5 1.1 Generalist Scombridae bonitos, a/bacares mackerels, Kawakawa Euthynnus tunas affinis 0.1 1.1 0.5 Generalist Skipjack tuna Katsuwonus Generalist pelamis Scorpionfishes Taurulus Scorpaenidae searobins, Sea scorpion bubalis Generalist scut ins Serranidae Seabasses, Red hind Epinephelus 0.1 1.1 0.2 Generalist groupers guttatus Sparidae Porgies Pinfish Lagodon 0.1 1.0 0.3 Generalist rhomboides Scorpionfish, Leopard Prionotus Triglidae searobins, searobin scitulus 0.1 0.8 0.39 Generalist scut ins Sources:Astrup 1999;Astrup and Mehl 1993;Casper and Mann 2006;Casper et al.2003;Coombs and Popper 1979;Dunning et al.1992;Egner and Mann 2005;Gregory and Clabburn 2003;Hawkins and Johnstone 1978;Higgs et al.2004;Iversen 1967,1969; Jorgensen et al.2005;Kenyon 1996;Lovell et al.2005;Mann et al.1997,2001,2005;Myrberg 2001;Nestler 2002;Popper 1981, 2008;Popper and Carlson 1998;Popper and Tavolga 1981;Ramcharitar and Popper 2004;Ramcharitar et al.2001,2004,2006a; Remage-Healey et al.2006;Ross et al.1996;Sisneros and Bass 2003;Song et al.2006;Wright et al.2005,2007 Some investigators (e.g., Amoser and Ladich 2005)hypothesize that, within a family of fish, different species can live under different ambient sound conditions, which requires them to adapt their hearing abilities.Under this scenario,a species' probability of survival would be greater if it increased the range over which the acoustic environment,consisting of various biotic(sounds from other aquatic animals)and abiotic(wind,waves,precipitation)sources,could be detected.For the marine environment,Amoser and FISH 3.6-22 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 268 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Ladich(2005) cite the differences in the hearing ability of two species of Holocentridae as a possible example of such environmentally-derived specialization. Both the shoulderbar soldierfish (MyriPristis kuntee)and the Hawaiian squirrelfish(Adiolyx xanthei ythrus)can detect sounds at 0.1 kHz.However,the high-frequency end of the auditory range extends towards 3 kHz for the shoulderbar soldierfish but only to 0.8 kHz for the Hawaiian squirrelfish(Coombs and Popper 1979). Though these two species live in close proximity on the same reefs, it is not certain that differing environmental conditions cause the hearing variations(Popper 2008).Wysocki and Ladich(2005)suggest that ambient sound regimes may limit acoustic communication and orientation of hearing specialists in particular. Generally, a clear correlation between hearing capability and the environment cannot be asserted or refuted due to limited knowledge of ambient sound levels in marine habitats and a lack of comparative studies. Susceptibility to the effects of anthropogenic sounds has been shown to be influenced by developmental and genetic differences in the same species offish.In an exposure experiment,Popper et al.(2007)found that experimental groups of rainbow trout had substantial differences in hearing thresholds. While fish were attained from the same supplier,it is possible different husbandry techniques may be the reason for the differences in hearing sensitivity.These results emphasize that caution should be used in extrapolating data beyond their intent. Among all fishes studied to date,perhaps the greatest variability is found within the family Sciaenidae (i.e., drumfish, weakfish, croaker), where there is extensive diversity in inner ear structure and the relationship between the swim bladder and the inner ear. Specifically, the Atlantic croaker's (MieroPogonias undulatus)swim bladder has forwardly directed diverticulae that come near the ear but do not actually touch it.However,the swim bladders in the spot(Leiostomus xanthurur)and black drum (Pogonias eromis)are further from the ear and lack anterior horns or diverticulae.These differences are associated with variation in both sound production and hearing capabilities (Ladich and Popper 2004; Ramcharitar et al.2006a).Ramcharitar and Popper(2004)discovered that the black drum responded to sounds from 0.1 to 0.8 kHz and was most sensitive between 0.1 and 0.5 kHz,while the Atlantic croaker responded to sounds from 0.1 to 1 kHz and was most sensitive at 0.3 kHz.Additional sciaenid research by Ramcharitar et al.(2006b)investigated the hearing sensitivity of weakfish(Cynoseion regalis)and spot. Weakfish were found to detect frequencies up to 2 kHz,while spot detected frequencies only up to 0.7 kHz. The sciaenid with the greatest hearing sensitivity discovered thus far is the silver perch (Bairdiella ehlysoura),which has demonstrated auditory thresholds similar to goldfish,responding to sounds up to 4 kHz(Ramcharitar et al.2004).Silver perch swim bladders have anterior horns that terminate close to the ear.The Ramcharitar et al.(2004)research supports the suggestion that the swim bladder can potentially expand the frequency range of sound detection.Furthermore,Sprague and Luczkovich(2004)calculated silver perch are capable of producing drumming sounds ranging from 128 to 135 decibels (dB). Since drumming sounds are produced by males during courtship, it can be inferred that silver perch detect sounds within this range. The most widely noted hearing specialists are otophysans(i.e.,members of the super order Ostariophysi), which have bony Weberian ossicles (bones that connect the swim bladder to the ear), along which vibrations are transmitted from the swim bladder to the inner ear(Amoser and Ladich 2003).However, only a few otophysans inhabit marine waters.In an investigation of a marine otophysan,the hardhead sea catfish(ArioPsis felis),Popper and Tavolga(1981)determined that this species was able to detect sounds from 0.05 to 1 kHz,which is considered a much lower and narrower frequency range than that common to freshwater otophysans(i.e.,above 3 kHz)(Ladich and Bass 2003).The difference in hearing capabilities in the respective freshwater and marine catfish appears to be related to the inner ear structure(Popper and Tavolga 1981). FISH 3.6-23 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 269 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Experiments on marine fish have obtained responses to frequencies between 40 kHz and 180 kHz (University of South Florida 2007). These responses were from several species of the Clupeidae (i.e., herrings, shads, and menhadens)(Astrup 1999); however, not all clupeid species tested have responded and species that can detect these high frequency sounds do not perceive sound equally well at all detectable frequencies. Studies conducted on the following species showed avoidance to sound at frequencies over 100 kHz: alewife (Alosa Bseudoharengus) (Dunning et al. 1992, Ross et al. 1996), blueback herring(A. aestivalis)(Nestler 2002),Gulf menhaden(Brevoortia Batronur)(Mann et al.200 1) and American shad (A. saBidissima) (Popper and Carlson 1998). The highest frequency to solicit a response in any marine fish was 180 kHz for the American shad(Mann et al.1998,Gregory and Clabburn 2003,Higgs et al.2004). Astrup (1999) and Mann et al. (1998) hypothesized that high frequency detecting species may have developed such high sensitivities to avoid predation by odontocetes (i.e., members of the suborder of cetaceans that have teeth).Mann et al.(1998)reported that the American shad can detect sounds from 0.1 to 180 kHz with two regions of best sensitivity: one from 0.2 to 0.8 kHz,and the other from 25 kHz to 150 kHz.The poorest sensitivity was found from 3.2 kHz to 12.5 kHz.The Alosa species have relatively low thresholds(about 145 dB re 1 micropascal [µPa]),which should enable the fish to detect odontocete clicks at distances up to about 656 feet (ft) (200 meters [m]) (Mann et al. 1997). For example, echolocation clicks ranging from 200 to 220 dB could be detected by shad with a hearing threshold of 170 dB at distances from 82 to 591 ft (25 to 180 m) (University of South Florida 2007). In contrast, the Clupeidae bay anchovy (Anehoa mitehilli), scaled sardine (Harengula jaguana), and Spanish sardine (Sardinella attrita)did not respond to frequencies over 4 kHz(Gregory and Clabburn 2003,Mann et al. 2001). Mann et al.(2005)found hearing thresholds(0.1 kHz to 5 kHz)for Pacific herring(Chipea Ballasii)that were typical of non-high frequency detecting clupeids and that Pacific herring could not detect high frequency signals at received levels up to 185 dB re 1 µPa.Mann et al.(2005)cautioned that an earlier study by Wilson and Dill(2002)seeming to indicate Pacific herring responded to high frequency actually used a broadband sound source that contained less energy above 4 kHz (in the mid-frequency to high frequency range) therefore, it was not clear whether the herring were responding to the higher energy, lower-frequency components of the experiment or to the mid and high frequency. Although few non-clupeid species have been tested for responses to high frequency sound(Mann et al. 2001),the only other non-clupeid species shown to possibly be able to detect high frequency is the cod (Gadus morhua)(Astrup and Mohl 1993).However,in Astrup and Moh's(1993)study it is feasible that the cod was detecting the stimulus using touch receptors that were over driven by very intense fish- finding sonar emissions(Astrup 1999,Ladich and Popper 2004).Nevertheless,Astrup and Mohl(1993) indicated that cod have high frequency thresholds of up to 38 kHz at 185 to 200 dB re 1µPa,which likely only allows for detection of odontocete's clicks at distances no greater than 33 to 98 ft (10 to 30 m) (Astrup 1999). As mentioned above, investigations into the hearing ability of marine fishes have most often yielded results exhibiting poor hearing sensitivity.Experiments on elasmobranch fish(i.e.,sharks and rays)have demonstrated poor hearing abilities and frequency sensitivity from 0.02 kHz to 1 kHz, with best sensitivity at lower ranges(Casper et al.2003,Casper and Mann 2006,Myrberg 2001).Though only five elasmobranch species have been tested for hearing thresholds,it is believed that all elasmobranchs will only detect low-frequency sounds because they lack a swim bladder,which resonates sound to the inner ear. Theoretically, fishes without an air-filled cavity are limited to detecting particle motion and not pressure and,therefore have poor hearing abilities(Casper and Mann 2006). FISH 3.6-24 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 270 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) By examining the morphology of the inner ear of bluefin tuna(Thunnzrs thynnus), Song et al. (2006) hypothesized that bluefin tuna probably do not detect sounds too much over 1 kHz (if that high). This research concurred with the few other studies conducted on tuna species. Iversen (1967) found that yellowfin tuna(T. alhacares)can detect sounds from 0.05 to 1.1 kHz,with best sensitivity of 89 dB(re 1 µPa)at 0.5 kHz.Kawakawa(Euthynnzrs affnus)appear to be able to detect sounds from 0.1 to 1.1 kHz but with best sensitivity of 107 dB (re 1 µPa) at 0.5 kHz (Iversen 1969).Additionally, Popper(1981) looked at the inner ear structure of a skipjack tuna(Katsuwonus Pelamis)and found it to be typical of a hearing generalist.While only a few species of tuna have been studied,and in a number of fish groups both generalists and specialists exist,it is reasonable to suggest that unless bluefin tuna are exposed to very high intensity sounds from which they cannot swim away, short- and long-term effects may be minimal or nonexistent(Song et al.2006). Some damselfish have been shown to be able to hear frequencies of up to 2 kHz,with best sensitivity well below 1 kHz.Egner and Mann(2005)found that juvenile sergeant major damselfish(Ahudefdufsaxatilis) were most sensitive to lower frequencies (0.1 to 0.4 kHz); however, larger fish (greater than 50 millimeters [mm])responded to sounds up to 1.6 kHz. Still,the sergeant major damselfish is considered to have poor sensitivity in comparison even to other hearing generalists(Egner and Mann 2005).Kenyon (1996) studied another marine generalist, the bicolor damselfish (Stegastes Partitus), and found the bicolor damselfish responded to sounds up to 1.6 kHz with the most sensitive frequency at 0.5 kHz. Further,larval and juvenile Nagasaki damselfish(Pomacenh-its nagasakiensis)have been found to hear at frequencies between 0.1 and 2 kHz, however, they are most sensitive to frequencies less than 0.3 kHz (Wright et al.2005,Wright et al.2007).Thus, damselfish appear to be primarily generalists with some ability to hear slightly higher frequencies expected of specialists(Popper 2008). Female midshipman fish apparently use the auditory sense to detect and locate vocalizing males during the breeding season. Interestingly, female midshipman fish go through a shift in hearing sensitivity depending on their reproductive status.Reproductive females showed temporal encoding up to 0.34 kHz, while nonreproductive females showed comparable encoding only up to 0.1 kHz (Sisneros and Bass 2003). The hearing capability of Atlantic salmon (Samo salar), a hearing generalist, indicates a rather low sensitivity to sound(Hawkins and Johnstone 1978). Laboratory experiments yielded responses only to 0.58 kHz and only at high sound levels.Salmon's poor hearing is likely due to the lack of a link between the swim bladder and inner ear(Jorgensen et al.2004). Furthermore,investigations into the inner ear structure of fishes belonging to the order Scorpaeniformes have suggested that these fishes have generalist hearing abilities (Lovell et al. 2005). Although an audiogram (which provides a measure of hearing sensitivity) has yet to be performed, the lack of a swimbladder is indicative of these species having poor hearing ability (Lovell et al. 2005). However, studies of the leopard robin (Prionotus scitulus), another species in this order that do contain swim bladders,indicated that they are hearing generalists as well(Tavolga and Wodinski 1963),which makes extrapolation on hearing from this species to all members of the group very difficult to do(Popper 2008). 3.6.1.5 Current Requirements and Practices Mitigation measures,implemented for marine mammals and sea turtles,also offer protections to habitats associated with fish communities.Mitigation is discussed in more detail in Chapter 5. 3.6.2 Environmental Consequences As noted in Section 3.6.1,the ROI for fish is the GOA TMAA,which is more than 12 nm(22 km)from the closest point of land.As such,this section distinguishes between U.S.territorial seas(shoreline to 12 nm)and nonterritorial seas,(seaward of 12 nm)for the purposes of applying the appropriate regulations (National Environmental Policy Act [NEPA] or Executive Order [EO] 12114) to analyze potential FISH 3.6-25 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 271 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) environmental effects. Environmental effects in the open ocean beyond the U.S. territorial seas are analyzed in this EIS/OEIS pursuant to EO 12114. 3.6.2.1 Regulatory Framework The primary laws that make up the regulatory framework for fish and EFH include the MSECMA and the ESA.These,along with other applicable laws,are briefly described below: Magnuson-Stevens Fishery Conservation and Management Act The NPEMC manages the groundfish fisheries,while management of the salmon fisheries is deferred to the State of Alaska. All waters that support anadromous fish are considered EEH by NMFS (NPEMC 2008),while EEH for groundfish varies by species.Federal agencies are required to consult with NMES and to prepare an EFH Assessment if potential adverse effects on EFH are anticipated from their activities.An EFH Assessment has been prepared for the TMAA. Sustainable Fisheries Act In 1996 (later amended in 2002 and 2006), the MSFCMA was reauthorized and amended by the Sustainable Fisheries Act(SFA). The SFA provides a new habitat conservation tool in the form of the EFH mandate. The EFH mandate requires that the regional FMCS, through federal IMP, describe and identify EFH for each federally managed species, minimize to the extent practicable adverse effects on such habitat caused by fishing,and identify other actions to encourage the conservation and enhancement of such habitats. Authority to implement the SFA is given to the Secretary of Commerce through the NMFS. The SFA requires that the EFH be identified and described for each federally managed species. The SFA requires federal agencies to consult with the NMFS on activities that may adversely affect EFH. For actions that affect a threatened or endangered species, its critical habitat, and its EFH, federal agencies must initiate ESA and EFH consultations.Adverse effects mean any impact that reduces quality and/or quantity of EFH.Adverse effects may include direct or indirect physical,chemical, or biological alterations of the waters or substrate and loss of, or injury to,benthic organisms,prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH.Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions(50 C.F.R.600.810[a]). Endangered Species Act The ESA (16 U.S.C. §§ 1531 to 1543)established protection over and conservation of threatened and endangered species. The ESA applies to federal actions in two separate respects: the ESA requires that federal agencies,in consultation with the responsible wildlife agency,ensure that Proposed Actions are not likely to jeopardize the continued existence of any endangered species or threatened species,or result in the destruction or adverse modification of a critical habitat.Regulations implementing the ESA expand the consultation requirement to include those actions that "may affect" a listed species or adversely modify critical habitat. If an agency's Proposed Action would take a listed species, the agency must obtain an incidental take statement from the responsible wildlife agency.The ESA defines the term"take"to mean"harass,harm, pursue,hunt,shoot,wound,kill,trap,capture,or collect,or attempt any such conduct." Executive Order 12962 EO 12962 on Recreational Fisheries(60 Federal Register[FR]30769)was enacted in 1995 to ensure that federal agencies strive to improve the "quantity, function, sustainable productivity, and distribution of U.S. aquatic resources" so that recreational fishing opportunities nationwide can increase. The primary goal of this order is to promote the conservation,restoration,and enhancement of aquatic systems and fish FISH 3.6-26 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 272 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) populations by increasing fishing access, education and outreach, and multiagency partnerships. The National Recreational Fisheries Coordination Council, co-chaired by the Secretaries of the Interior and Commerce,is charged with overseeing federal actions and programs that are mandated by this order. Northern Pacific Halibut Act The Northern Pacific Halibut Act of 1982(16 U.S.C.§§773-773k)calls for the United States and Canada to implement the 1979 Protocol for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and the Bering Sea. The Act provides for the appointment of U.S. Commissioners to the International Pacific Halibut Commission.In addition,the Act authorizes the NPFMC to develop regulations to limit access and govern the Pacific halibut catch in waters off Alaska.All Council action must be approved and implemented by the U.S.Secretary of Commerce. National Fishery Enhancement Act In 1984,Congress passed the National Fishery Enhancement Act(NFEA)(33 U.S.C. §§2101 et seq.)in recognition of the social and economic value of artificial reefs in enhancing fishery resources.Under this act,the Secretary of Commerce and the U.S.Army Corps of Engineers are charged with the responsibility for encouraging and regulating artificial reefs in the navigable waters of the United States. One of the primary directives of the NFEA was the preparation of a long-term National Artificial Reef Plan (33 U.S.C.§§2103). Pacific Salmon Treaty The Pacific Salmon Treaty(PST)of 1985 (16 U.S.C. §§3631 et seq.)was established between Canada and the United States to establish a framework for managing salmon populations between the two countries.The Treaty principles were to(a)prevent overfishing and provide for optimum production;and (b)provide equivalent production benefits from salmon originating from the respective country's waters. The Treaty requires the United States and Canada to meet international conservation and allocation objectives by taking into account ways of reducing interceptions and avoiding disruption of existing fisheries and stock abundances. This Treaty also called for the establishment of the Pacific Salmon Commission(PSC), to oversee the implementation of the Treaty. The PSC is composed of representatives of both countries to provide regulatory and technical advice. Fisheries regulation is a shared responsibility of the United States and Canada. On June 30, 1999,the following PST provisions were implemented:(a)establish abundance-based fishing regimes for Pacific salmon fisheries under the jurisdiction of the PSC; (b) create two bilaterally based funds to promote cooperation, improve fishery management, and aid stock and habitat enhancement. Additionally, the PST includes provisions to enhance bilateral cooperation,improve the scientific basis for salmon management,and apply institutional changes to the PSC. 3.6.2.2 Approach to Analysis This section describes potential environmental effects on fish associated with conducting naval activities for three alternative scenarios in the TMAA.The activities include active sonar activities; surface vessel, submarine, and aircraft warfare training activities; weapons firing; explosives ordnance use; nonexplosives ordnance use; electronic combat;and discharges of expendable materials.These activities are configured in various combinations to define seven warfare areas,as previously described in Chapter 2. The effects on fish could include direct physical injury,such as potential for death,injury,or failure to(or an increase in the time needed to) reach the next developmental stage. Potential effects on fish eggs, larvae,and adult fish were evaluated in the analysis and results presented in the following subsections.In FISH 3.6-27 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 273 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) addition, a review of the literature regarding potential effects on fish common to most activities is presented.These include warfare areas and environmental stressors,acoustic effects of underwater sounds to fish, effects of underwater impulsive sounds, explosive ordnance, nonexplosive ordnance, and expended materials. Data Sources A comprehensive and systematic review of relevant literature and data has been conducted in order to complete this analysis for fish and EFH. Of the available scientific literature (both published and unpublished), the following types of documents were utilized in the assessment: journals, books, periodicals,bulletins,Department of Defense(DoD)operations reports,EIS s,and other technical reports published by goverrnnent agencies, private businesses, consulting firms, or nongovernmental conservation organizations. The scientific literature was also consulted during the search for geographic location data on the occurrence of resources within the TMAA.The primary sources of information used to describe the affected environment for fish and EFH was the U.S. Pacific Fleet Marine Resource Assessment(MRA)for the GOA Operating Area(Department of Navy [DoN] 2006). The MRA report provides compilations of the most recent data and information on the occurrence of marine resources in the TMAA. Assessment Methods Impact Thresholds This EIS/OEIS analyzes potential effects to fish and EFH in the context of the MSFCMA (federally managed species and EFH),ESA(species listed under the ESA only),and EO 12114.The factors used to assess the significance of effects vary under these Acts. Pursuant to 50 CFR 600.910(a), an"adverse effect"on EFH is defined as any impact that reduces the quality and/or quantity of EFH(NMFS 2004a, 2004b). To help identify Navy activities that may reduce the quality and/or quantity of EFH and fall within the adverse effect definition,the Navy has determined that temporary or minimal impacts are not considered to "adversely affect"EFH. The MSFCMA EFH regulations(50 CFR 600.815[a][2][ii])and the EFH Final Rule(67 Fed.Reg.2354)were used as guidance for this determination,as they highlight activities with impacts that are more than minimal and not temporary in nature, as opposed to those activities resulting in inconsequential changes to habitat'.Temporary effects are those that are limited in duration and allow the particular environment to recover without measurable impact(67 Fed.Reg.2354). Minimal effects are those that may result in relatively small changes in the affected environment and insignificant changes in ecological functions(67 Fed.Reg.2354).Whether an impact is minimal depends on a number of factors: • The intensity of the impact at the specific site being affected; • The spatial extent of the impact relative to the availability of the habitat type affected; • The sensitivity/vulnerability of the habitat to the impact; • The habitat functions that may be altered by the impact(e.g.,shelter from predators);and While the"more than minimal and not temporary"criteria referenced in the EFT-1 regulations is specific to assessing impacts on EFH from fishing activities,in the absence of similar guidance/criteria for assessing nonfishing impacts on EFH,the same criteria will be used for determining whether Navy's non-fishing impacts reduce the quality and/or quantity of EFH. 2 NNIFS.2002.Considerations for Conducting a Thorough Analysis of Options to N&nimize the Adverse Effects of Fishing on EFH.Available at httpJ/w .nmfs.noaa.gov/habitat/habitatprotection/pdf/efi/fisbmgmt/fishing impacts considerations final.pdf FISH 3.6-28 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 274 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) • The timing of the impact relative to when the species or life stage needs the habitat. The factors outlined above were also considered in determining the significance of effects under EO 12114. For purposes of ESA compliance, effects of the action were analyzed to make the Navy's determination of effect for listed species.The definitions used in making the determination of effect under Section 7 of the ESA are based on the USFWS and NMFS Endangered Species Consultation Handbook (USFWS 1998). Warfare Areas and Associated Environmental Stressors The Navy used a screening process to identify aspects of the Proposed Action that could act as stressors to fish and EFH.Navy subject matter experts de-constructed the warfare areas and activities included in the Proposed Action to identify specific activities that could act as stressors. Public and agency scoping comments,previous environmental analyses,previous agency consultations,laws,regulations,EOs,and resource-specific information were also evaluated. This process was used to focus the information presented and analyzed in the affected environment and environmental consequences sections of this EIS/OEIS. Potential stressors to fish and EFH include vessel movements (disturbance and collisions), aircraft overflights (disturbance), explosive ordnance, sonar training (disturbance), weapons firing/nonexplosive ordnance use (disturbance and strikes), and expended materials (ordnance-related materials,targets,sonobuoys,and marine markers). Acoustic Effects of Underwater Sounds to Fish There have been very few studies on the effects that human-generated sound may have on fish;these have been reviewed in a number of places(e.g.,NRC, 1994,2003,Popper 2003,Popper et al.2004,Hastings and Popper 2005,Popper 2008,Popper and Hastings 2009),and some more recent experimental studies have provided additional insight into the issues(e.g.,Doksocter et al.2009,Govoni et al.2003,McCauley et al.2003,Popper et al.2005,2007).Most investigations,however,have been in the gray literature(non peer-reviewed reports—see Hastings and Popper 2005,Popper 2008,and Popper and Hastings 2009)for extensive critical reviews of this material). While some of these studies provide insight into effects of sound on fish,the majority of the gray literature studies often lack appropriate controls, statistical rigor, and/or expert analysis of the results. There are a wide range of potential effects on fish that range from no effect at all(e.g.,the fish does not detect the sound or it"ignores"the sound)to immediate mortality.In between these extremes are a range of potential effects that parallel the potential effects on marine mammals that were illustrated by Richardson et al.(1995).These include,but may not be limited to: • No effect behaviorally or physiologically: The animal may not detect the signal,or the signal is not one that would elicit any response from the fish. • Small and inconsequential behavioral effects: Fish may show a temporary "awareness" of the presence of the sound but soon return to normal activities. • Behavioral changes that result in the fish moving from its current site:This may involve leaving a feeding or breeding ground. Solve behavioral changes can result in lost feeding or reproduction opportunities,or make fish vulnerable to other stressors in the environment such as the presence of predators.This effect may be temporary,in that the fish return to the site after some period of time(perhaps after a period of acclimation or when the sound terminates),or permanent. • Temporary loss of hearing(often called Temporary Threshold Shift—TTS): This recovers over minutes,hours,or days. FISH 3.6-29 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 275 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) • Physical damage to auditory or nonauditory tissues(e.g.,swim bladder,blood vessels,brain):The damage may be only temporary, and the tissue "heals"with little impact on fish survival, or it may be more long term,permanent,or may result in death.Death from physical damage could be a direct effect of the tissue damage or the result of the fish being more subject to predation than a healthy individual. Studies on effects on hearing have generally been of two types. In one set of studies, the investigators exposed fish to long-term increases in background sound to determine if there are changes in hearing, growth, or survival of the fish.While data are limited to a few freshwater species,it appears that some increase in ambient sound level,even to above 170 dB re 1 µPa,does not permanently alter the hearing ability of the hearing generalist species studied, even if the increase in sound level is for an extended period of time.However,this may not be the case for all hearing generalists,though it is likely that any temporary hearing loss in such species would be considerably less than for specialists receiving the same sound exposure.It is critical to note that more extensive data are needed on additional species,and if there are places where the ambient levels exceed 170 to 180 dB,it would be important to do a quantitative study of effects of long-term sound exposure at these levels.It is also clear that there is a larger temporary hearing loss in hearing specialists.Again,however,extrapolation from the few freshwater species to other species(freshwater or marine)must be done with caution until there are data for a wider range of species, and especially species with other types of hearing specializations than those found in the species studied to date(all of which are otophysan fishes and have the same specializations to enhance hearing). In the second type of studies,fish were exposed to short duration but high intensity signals such as might be found near a high intensity sonar,pile driving, or seismic air gun survey. The investigators in such studies were examining whether there was not only hearing loss and other long-term effects, but also short-term effects that could result in death to the exposed fish.Because study results vary,it is difficult to speculate why there are many differences in the studies,including species,precise sound source,and spectrum of the sound(Popper 2008,Popper and Hastings 2009). One study tested effects of seismic air guns, a highly impulsive and intense sound source. This study demonstrated differences in the effects of air guns on the hearing thresholds of different species.In effect, these results substantiate the argument made by Hastings et al.(1996)and McCauley et al.(2003)that it is difficult to extrapolate between species with regard to the effects of intense sounds. Another study examined the effects of Surveillance Towed Array Sensor System Low-Frequency Active (SURTASS LFA)sonar;this study determined there was no effect on ear tissue(Popper et al.2007). Other earlier studies suggested that there may be some loss of sensory hair cells due to high intensity sources.However,these studies did not concurrently investigate effects on hearing or nonauditory tissues (Enger 1981,Hastings et al. 1996). In neither study was the hair cell loss more than a relatively small percent of the total sensory hair cells in the hearing organs(Popper 2008). Effects of Underwater Impulsive Sounds Air gun studies on very few species resulted in a small hearing loss in several species, with complete recovery within 18 hours (Popper et al. 2005). Other species showed no hearing loss with the same exposure. There appeared to be no effects on the structure of the ear, and a limited examination of nonauditory tissues,including the swim bladder, showed no apparent damage(Popper et al.2005). One other study of effects of an air gun exposure showed some damage to the sensory cells of the ear (McCauley et al. 2003); it is difficult to differentiate these two studies. However, the two studies employed different methods of exposing fish,and used different species.Other studies have demonstrated some behavioral effects on fish during air gun exposure used in seismic exploration(e.g.,Pearson et al. FISH 3.6-30 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 276 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) 1987,1992,Engas et al.1996,Engas and Lokkeborg 2002,Slotte et al.2004),but the data are limited and it would be very difficult to extrapolate to other species,as well as to other sound sources. Explosive Sources A number of studies have examined the effects of explosives on fish; these are reviewed in detail in Hastings and Popper(2005).However,these studies are often variable,so extrapolation from one study to another,or to other sources, such as those used by the Navy,is not really possible.While many of these studies show that fish are killed if they are near the source,and there are some suggestions that there is a correlation between size of the fish and death (Yelverton et al. 1975), little is known about the very important issues of nonmortality damage in the short-and long-term,and nothing is known about effects on behavior offish. The major issue in explosives is that the gas oscillations induced in the swim bladder or other air bubble in fishes caused by high sound pressure levels can potentially result in tearing or rupturing of the chamber. This has been suggested to occur in some (but not all) species in several gray literature unpublished reports on effects of explosives (e.g., Aplin 1947, Coker and Hollis 1950, Gaspin 1975, Yelverton et al. 1975),whereas other published studies do not show such rupture(e.g.,the peer reviewed study by Govom et al.2003).Key variables that appear to control the physical interaction of sound with fishes include the size of the fish relative to the wavelength of sound, mass of the fish, anatomical variation,and location of the fish in the water column relative to the sound source(e.g.,Yelverton et al. 1975,Govoni et al.2003). Explosive blast pressure waves consist of an extremely high peak pressure with very rapid rise times(<1 millisecond[ms]).Yelverton et al.(1975)exposed eight different species of freshwater fish to blasts of 1- pound(lb)spheres of Pentolite(high explosive)in an artificial pond.The test specimens ranged from 0.02 grams (g) (guppy) to 744 g (large carp) body mass and included small and large animals from each species.The fish were exposed to blasts having extremely high peak overpressures with varying impulse lengths. The investigators found what appears to be a direct correlation between body mass and the magnitude of the "impulse,"characterized by the product of peak overpressure and the time it took the overpressure to rise and fall back to zero (units in pounds per square inch(psi)-ms), which caused 50 percent mortality(see Hastings and Popper 2005 for detailed analysis). One issue raised by Yelverton et al.(1975)was whether there was a difference in lethality between fish which have their swim bladders connected by a duct to the gut and fish which do not have such an opening.The issue is that it is possible that a fish with such a connection could rapidly release gas from the swim bladder on compression,thereby not increasing its internal pressure.However,Yelverton et al. (1975)found no correlation between lethal effects on fish and the presence or lack of connection to the gut. While these data suggest that fishes with both types of swim bladders are affected in the same way by explosive blasts,this may not be the case for other types of sounds,and especially those with longer rise or fall times that would allow time for a biomechanical response of the swim bladder (Hastings and Popper 2005).Moreover,there is some evidence that the effects of explosives on fishes without a swim bladder are less than those on fishes with a swim bladder(e.g.,Gaspin 1975,Goertner et al.1994,Keevin et al. 1997). Thus, if internal damage is, even in part, an indirect result of swim bladder(or other air bubble)damage,fishes without this organ may show very different secondary effects after exposure to high sound pressure levels. Still,it must be understood that the data on effects of impulsive sources and explosives on fish are limited in number and quality of the studies, and in the diversity of fish species studied.Thus,extrapolation from the few studies available to other species or other devices must be done with the utmost caution. FISH 3.6-31 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 277 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) In a more recent published report,Govoni et al.(2003)found damage to a number of organs in juvenile pinfish(Lagodon lrhomhoidr) and spot(Leiostomus xanthulrur)when they were exposed to underwater detonations at a distance of 11.8 ft (3.6 m), and most of the effects, according to the authors, were sublethal. Effects on other organ systems that would be considered irreversible(and presumably lethal) only occurred in a small percentage of fish exposed to the explosives.Moreover,there was virtually no effect on the same sized animals when they were at a distance of 24.6 ft(7.5 m),and more pinfish than spot were affected. Based upon currently available data it is not possible to predict specific effects of Navy impulsive sources on fish. At the same time, there are several results that are at least suggestive of potential effects that result in death or damage.First,there are data from impulsive sources such as pile driving and seismic air guns that indicate that any mortality declines with distance,presumably because of lower signal levels. Second,there is also evidence from studies of explosives(Yelverton et al. 1975)that smaller animals are more affected than larger animals.Finally, there is also some evidence that fish without an air bubble, such as flatfish and sharks and rays,are less likely to be affected by explosives and other sources than are fish with a swim bladder or other air bubble. Yet,as indicated for other sources,the evidence of short-and long-term behavioral effects,as defined by changes in fish movement,etc.,is nonexistent.Thus,it is unknown if the presence of an explosion or an impulsive source at some distance, while not physically harming a fish, will alter its behavior in any significant way. Expended Materials Falling Material and Small-Arms Rounds Inert bombs, intact missiles, and targets could impact the water with great force and produce a large impulse and loud sound.Physical disruption of the water column by the shock wave and bubble pulse is a localized,temporary effect,and would be limited to within tens of meters of the impact area and would persist for a matter of minutes.Large objects hitting the water produce sounds with source levels on the order of 240 to 271 dB re 1 µPa and pulse durations of 0.1 to 2 ms,depending on the size of the object (McLennan 1997). Physical and chemical properties of seawater would be temporarily affected (e.g., increased oxygen concentrations due to turbulent mixing with the atmosphere), but there would be no lasting adverse effect on the water column habitat from this physical disruption. Given the size of the TMAA,the infrequency of the activities,and the distribution of fish species,a remote possibility exists that some individual fish at or near the surface may be directly impacted(i.e., direct strike)if they are in the target area at the point of physical impact at the time of nonexplosive ordnance delivery.Therefore, effects of shock waves from inert bombs and intact missiles and targets hitting the water surface on fish are expected to be localized and minimal. However, most missiles hit their target or are disabled before hitting the water. Thus, most of these missiles and aerial targets hit the water as fragments,which quickly dissipate their kinetic energy within a short distance from the surface.Similarly,expended small-arms rounds may also strike the water surface with sufficient force to cause injury. Most fish swim some distance below the surface of the water. Therefore,fewer fish are exposed to mortality from falling fragments whose effects are limited to the near surface, than mortality from intact missiles and targets whose effects can extend well below the water surface. Munitions Constituents Munitions constituents can be released from sonobuoys,targets,torpedoes,missiles,aerial targets,and at sea explosions.Petroleum hydrocarbons released during an accident are harmful to fish.Jet fuel is toxic to fish but floats and vaporizes very quickly.Assuming that a target disintegrates on contact with the water, FISH 3.6-32 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 278 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) any residual unburned fuel may be spread over a large area and dissipate quickly.In addition,fuel spills and material released from weapons and targets could occur at different locations and at different times. Potential impacts from Navy explosives training include degradation of substrate and introduction of toxic chemicals into the water column. Combustion products from the detonation of high explosives carbon monoxide(CO),carbon dioxide(CO2),hydrogen(Hz),water(H20),nitrogen(N2),and ammonia (NH3) are commonly found in sea water. The primary constituents that would be released from explosives training are nitroaromatic compounds such as trinitrotoluene (TNT), cyclonite (Royal Demolition Explosive or RDX), and octogen (High Melting Explosive or HMX) (FIRS 2000). Initial concentrations of explosion by-products are not expected to be hazardous to marine life(DoN 2001)and would not accumulate in the training area because exercises are spread out over time and the chemicals disperse in the ocean. The water quality effects of the explosions would be infrequent, temporary, and localized,and would have no long-term adverse effect on water quality.Effects on marine fish associated with the release of munitions constituents and other materials are expected to be minimal. 3.6.2.3 No Action Alternative Under the No Action Alternative, baseline levels of activities would remain unchanged from current conditions. Fish would have the potential to be affected by vessel movement, aircraft overflights, explosive ordnance,nonexplosive ordnance use,weapons firing disturbance,and expended materials. Vessel Movements Many of the ongoing and proposed activities within the TMAA involve maneuvers by various types of surface vessels, most of which use propellers for propulsion. When moving,vessels generally displace water from the hull,and an even greater volume from propeller wash.Currently,approximately four Navy vessels will be operating in the TMAA, but the number can vary based on training schedules and scenarios.Activities involving vessel movements occur intermittently and are short in duration,generally a few hours in duration.These activities are widely dispersed throughout the TMAA,which is a vast area encompassing 42,146 square nm(nm)(144,557 square km[km�])of surface/subsurface ocean. Vessel movements have the potential to expose fish to sound and general disturbance,which could result in short-term behavioral and/or physiological responses (swimming away, increased heart rate). Such responses would not be expected to compromise the general health or condition of individual fish. The probability of collisions between vessels and adult fish,which could result in injury or mortality,would be extremely low because this life stage is highly mobile and Navy vessel density in the TMAA is low. Vessel movements would result in short-term and localized disturbances to the water column,but benthic habitats would not be affected.Ichthyoplankton(fish eggs and larvae)in the upper portions of the water column could be displaced, injured, or killed by vessel and propeller movements. However, no measurable effects on fish recruitment would occur because the number of eggs and larvae exposed to vessel movements would be low relative to total ichthyoplankton biomass.Vessel movements under the No Action Alternative would not result in adverse effects to fish populations or EFH as defined under the MSFCMA.In accordance with EO 11214,harm to fish populations or habitat from vessel movements in nonterritorial seas would be minimal under the No Action Alternative. Aircraft Overflights Aircraft overflights produce airborne sound and some of this energy would be transmitted into the water. However, sound does not transmit well from air to water.Predicted sound levels resulting from HC-130 aircraft flying at 1,000 ft(305 m)and 250 ft(76 m)were 110 and 121 dB re 1 µPa,respectively,directly under the flight path at a depth of 1 ft(maximum one-third octave level for frequencies 20 hertz [Hz]-5 kHz).The same sound levels resulting from an HH-60 helicopter flying at 1,000 ft(305 m),flying at 100 ft(30 m),and hovering 10 ft(3 m)were 110, 129,and 143 dB re 1 µPa(respectively)directly under the FISH 3.6-33 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 279 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) helicopter at a depth of 1 ft(0.3 m)(USAF 1999).The sound levels would decline at increasing lateral distances from the aircraft's track or location and with increasing depth in the water,and the underwater sounds originating from the aircraft would decline rapidly after the aircraft has passed.It is unlikely that these sound levels would cause physical damage or even behavioral effects in fish based on the sound levels that have been found to cause such effects.In addition to sound,helicopters flying at low levels can create a vertical down wash of air(rotor wash)that becomes a surface wind,which may disturb the water surface below the aircraft and displace any fishes in the general vicinity. Such responses would not compromise the general health or condition of individual fish. Aircraft overflights under the No Action Alternative would not result in adverse effects to fish populations or EFH as defined under MSFCMA. In accordance with EO 11214, harm to fish populations or habitat from aircraft overflight movements in nonterritorial seas under the No Action Alternative would be minimal. Explosive Ordnance Explosions that occur under the No Action Alternative in the TMAA are associated with training exercises that use explosive ordnance, including bombs (BOMBEX), missiles (MISSILEX), and naval gun shells (GUNEX), 5-inch (in) high explosive rounds (see Table 3.6-8 for number of explosive ordnance expended annually for all Alternatives).Potential effects of explosive charge detonations on fish and EFH include disruption of habitat; exposure to chemical by-products; disturbance, injury, or death from the shock(pressure)wave;acoustic impacts;and indirect effects including those on prey species and other components of the food web. Concern about potential fish mortality associated with the use of at-sea explosives led military researchers to develop mathematical and computer models that predict safe ranges for fish and other animals from explosions of various sizes (e.g., Yelverton et al. 1975, Goertner 1982, Goertner et al. 1994). Young's (1991) equations for 90-percent survivability were used to estimate fish mortality in the Seawolf Shipshock Trial EIS (DoN 1998). In that document, Yelverton's(1981)equations were used to predict survival offish with swim bladders,although the equations apply to simple explosives,and may not apply to all the explosives used in the TMAA.The impulse levels that kill or damage fish with swim bladders have been determined empirically to be as follows(from Yelverton 1981): • 50 percent Mortality ln(I)=3.6136+0.3201 In(M) • 1 percent Mortality ln(I)=3.0158+0.3201 In(M) • No Injuries ln(I)-2.0042+0.3201 ln(M) Where I=impulse(in Pascal-seconds or Pass)and M=body mass of a fish(g)with a swim bladder. Yelverton(198 1)cautioned against using these equations for fish weighing more than a few kg because fish used in the experiments from which these equations were derived did not weigh more than 2.2 lb(1 kg).Young's parameters include the size of the fish and its location relative to the explosive source,but are independent of environmental conditions (e.g., depth of fish and explosive shot frequency). An example of such model predictions is shown in Table 3.6-5,which provides the radius of effect of various charges,depths,and fish size.The 10-percent mortality range is the distance beyond which 90 percent of the fish present would be expected to survive. FISH 3.6-34 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 280 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-5:Range of Effects for at-Sea Explosions Charge Charge Depth Effect Criterion Range of Effect' 338 ft(103 m)for 1-ounce fish 1 lb 9.8 ft(3.0 m) 10%Mortality 180 ft(55 m)for 1-pound.fish 89 ft(27 m)for 30-pound fish 656 ft(200 m)for 1-ounce fish 10 Ibs 125 ft(38 m) 10%Mortality 423 ft(129 m)s for 1-pound fish 259 ft(79 m)for 30-pound fish 856 ft(261 m)for 1-ounce fish 20 Ibs 62 ft(19 m) 10%Mortality 554 ft(169 m)for 1-pound fish 348 ft(106 m)for 30-pound fish 928 ft(283 m)for 1-ounce fish 20 Ibs 125 ft(38 m) 10%Mortality 597 ft(182 m)for 1-pound fish 364 ft(111 m)for 30-pound fish Typically,BOMBEX at sea involve one or more aircraft bombing a target simulating a hostile surface vessel. Practice bombs entering the water would be devoid of combustion chemicals found in the warheads of explosive bombs, and would generate physical shock entering the water, but would not explode. After sinking to the bottom, the physical structure of bombs would be incorporated into the marine environment by natural encrustation and/or sedimentation(discussed later in Expended Materials Section).Air-to-ground bombing using explosive ordnance is mostly conducted on land ranges which are outside the scope of the ROI; however, some live bombs may be dropped at sea(see Table 3.6-8 for number of explosive ordnance expended annually for all Alternatives). As with underwater detonations, the range within which fish may sustain injury or death from an exploding bomb would depend on environmental parameters,the size,location, and species of the fish, and its internal anatomy(e.g.,whether it has a swim bladder)(DoN 2005).Fish without swim bladders are far more resistant to explosions than those with swim bladders(Keevin and Hempen 1997).Explosive bombs will be fused to detonate on contact with the water and it is estimated that 99 percent of them will explode within 5 ft(1.5 m) of the ocean surface (DoN 2005). Table 3.6-6, based on Young's (1991) model, displays 10-percent mortality (90-percent survival)ranges for the largest explosive bombs that may be deployed during at-sea exercises. Table 3.6-6:Estimated Fish-Effects Ranges for Explosive Bombs Warhead Weight 10%Mortality Range by Weight of Fish NEW(lb-TNT) 1 ounce 1 pound 30 pounds 500 Ibs 1,289 ft(393 m) 899 ft(274 m) 578 ft(176 m) 1,000 Ibs 1,343 ft(409 m) 937 ft(286 m) 602 ft(184 m) 2,000 Ibs 1,900 ft(579 m) 1,325 ft(404 m) 852 ft(260 m) Note:NEW=Net Explosive Weight Potential effects from the use of Naval gun systems have been analyzed in a variety of environmental documents(DoN 2000,2001b,2002,2004,2007). The 5-inch gun has the largest warhead fired during routine gunnery exercises. Most training uses nonexplosive 5-in rounds. The surface area of the ocean impacted by a nonexplosive 5-in round has been estimated to be 20 square in(in')(129 square cm[cm2]) (DoN 2007). Considering the vast expanse of the TMAA, few fish would be directly struck by a shell from a 5-in gun. FISH 3.6-35 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 281 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Explosive rounds would have the greatest potential for impacts to fish in surface waters.As previously indicated, biological effects of at sea explosions depend on many factors,including the size, type, and depth of both the animal and the explosive,the depth of the water column,the standoff distance from the charge to the animal, and the sound-propagation properties of the environment. Potential impacts can range from brief acoustic effects,tactile perception,and physical discomfort, to slight injury to internal organs and the auditory system,to death of the animal(Keevin and Hempen 1997). Table 3.6-7 provides an estimation of the potential range of lethal effects on swim bladder fish based on Young's (1991) model for five-in explosive projectiles. These rounds have a Net Explosive Weight (NEW)of TNT of approximately 8 lb(3.6 kg)and are assumed to detonate at a depth of 5 ft(1.3 m). Behavioral reactions of fish would extend over a substantially larger area.The overall impacts to water- column habitat would,however,be minor as fish would return following the activity.The abundance and diversity of fish and the quality and quantity of fish habitat within the range is unlikely to decrease as a result of gun fire training. Table 3.6-7:Estimated Fish-Effects Ranges for 5-in Naval Gunfire Rounds Weight of Fish 10%Mortality Range feet meters 1 ounce(28 g) 405 123 1 lb(0.4 kg) 282 86 30 Ibs(13.6 kg) 181 55 Impacts to fish under the No Action Alternative from explosions would be possible,but these elements of the action are not expected to have measurable or detectable impacts to fish given the vast area encompassing the TMAA (42,146 nm' [144,557 km�]); further reduced using conservative estimates assuming that activities occur across 20 percent of the TMAA(Table 3.6-8).While serious injury and/or mortality to individual fish would be expected if they were present in the immediate vicinity of explosive ordnance use,explosions under the No Action Alternative would not result in impacts to fish populations based on the low number of fish, in relation to the size of the population that would be affected. Disturbances to the water column would be short-term and localized,while disturbance to benthic habitats from explosions would be unlikely due to the water depth where training activities occur. Habitat disturbance and fish injury and mortality from explosions are reduced by Navy mitigation measures, as discussed in Chapter 5.Explosive ordnance under the No Action Alternative would not result in adverse effects to fish populations or EEH as defined under MSECMA. In accordance with EO 11214, harm to fish populations or habitat from explosive ordnance use in nonterritorial seas would be minimal under the No Action Alternative. Weapons Firing Disturbance When a gun is fired from a surface ship,a blast wave propagates away from the gun muzzle.When the blast wave meets the water, most of the energy is reflected back into the air, but some energy is transmitted into the water.A series of pressure measurements were taken during the firing of a 5-in gun aboard the USS Cole in June 2000(Dahlgren 2000).The average peak pressure measured was about 200 dB re 1 µPa at the point of the air and water interface. Down-range peak pressure level, estimated for spherical spreading of the sound in water,would be 160 dB re 1 µPa at 328 ft(100 m)and 185 dB re 1 µPa at—18 ft(5.5 m). The resulting ensonified areas(semi-circles with radius 328 ft[100 m] and 18 ft [5.5 m])would be 0.004 nm'(0.015 km2)and—60 yd2(50 in),respectively. FISH 3.6-36 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 282 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-8:Number of Explosive Ordnance Expended Annually in 20%of the TMAA for the No Action Alternative,Alternative 1,and Alternative 2 No Action Alternative 1 Alternative 2 Alternative Ordnance Number Number % Number 2 Increase 2 Increase 2 Number per nm Nurnber from No per s� Number pram�fo per sm ( 2?� Action (gym Action 0.006 0(&002)009 0.017 Bombs 48 0.002 72 50% 166 246% 0.005 Naval Gunshells 40 0.005 56 40% 0.007 112 180% 0.013 (5-inch/76 (0.001) (0.002) (0.004) mm) I E E R 0.005 0.009 Sonobuoys 0 0 40 NA (0.001) 80 NA (0.003) SINKEX 0 0 0 NA 0 858 NA 0.102 (0.030) Total 88 (0-010) 91% 0.020 1,194 1,257% 0.142 (0.003) (0.006) (0.041) *Total may vary due to rounding. Because effects to fish can occur from impulsive sounds greater than 180 dB (Popper et al.2005),only those in the immediate vicinity (0.004 ran [0.015 km2] area)would be affected and effects would be limited to short-term,transitory alarm or startle responses.Since activities are infrequent(see Table 3.6-8) and widely dispersed throughout the TMAA,weapons firing under the No Action Alternative would not result in adverse effects to fish populations or E TI as defined under the MSFCMA.Furthermore,harm to fish populations or habitat from weapons firing disturbance movements in nonterritorial seas would be minimal in accordance with EO 11214. Expended Materials The Navy uses a variety of expended materials during training exercises conducted in the TMAA. The types and quantities of expended materials used and information regarding fate and transport of these materials within the marine environment are summarized in Table 3.6-9,and are discussed in Sections 3.2 (Expended Materials)and 3.3(Water Resources).The analyses presented in these sections predict that the majority of the expended materials would rapidly sink to the sea floor, become encrusted by natural processes,and incorporated into the sea floor,with no significant accumulations in any particular area and no significant negative effects to water quality or marine benthic communities. Nonexplosive Ordnance Current Navy training activities in the TMAA such as MISSILEX, BOMBEX, and GUNEX include firing a variety of weapons and employ a variety of nonexplosive training rounds,including bombs,naval gun shells,cannon shells,and small caliber ammunition.These materials are used in the TMAA located in the open ocean beyond 20 nm (37 km). Direct ordnance strikes from firing weapons are potential stressors to fish. FISH 3.6-37 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 283 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-9:Expended Training Materials in the TMAA—All Alternatives No Action Alternative I Alternative 2 Alternative %Increase 0%increase from Nc fromi No Trainin g Material Number Number Action. Number Action Bombs 120 180 50% 360 200% Missiles 22 33 50% 66 200% Targets and Pyrotechnics 252 322 28% 644 160% Naval Gunshells 10,564 13,188 25% 26,376 150% Small Caliber Rounds 5,000 5,700 14% 11,400 128% Sonobuo s 24 793 3,204% 1,587 6,513% PUTR 0 7 NA 7 NA SINKEX 0 0 NA 858 NA Total 15,982 20,223 26% 41,298 160% Number per nm (km)within 1.9(0.5) 2.4(0.7) 4.9(l.4) 20%of TMAA Nonexplosive bombs and intact targets could impact the water with great force and produce a large impulse and loud sound.Physical disruption of the water column by the shock wave and bubble pulse is a localized,temporary effect,and would be limited to within tens of meters of the impact area and persist for a matter of minutes.Physical and chemical properties would be temporarily affected(e.g.,increased oxygen concentrations due to turbulent mixing with the atmosphere), but there would be no lasting adverse effect on the water column habitat from this physical disruption. Large objects hitting the water produce sounds with source levels on the order of 240 to 271 dB re 1 µPa and pulse durations of 0.1 to 2 ms,depending on the size of the object(McLennan 1997).Impulses of this magnitude could potentially injure fish.Because the rise times of these shock waves are very short,the impulses causing injury and mortality derived for explosive sources were used to estimate effects of shock pulses created by missile and target effects. While serious injury and/or mortality to individual fish would be expected if they were present in the immediate vicinity of a nonexplosive ordnance use,under the No Action Alternative,the total number of nonexplosive ordnance in the TMAA would be 15,770 items per year.Based on a TMAA size of 42,146 ran(144,557 km2)and conservatively assuming that activities occur across 20 percent of the TMAA,the concentration of expended ordnance would be 1.9 per ran(0.5 per km2).More than 97 percent of these items would be from gunshells and small caliber rounds.Based on the low density of use,nonexplosive ordnance use would not result in significant impacts to fish populations.Disturbances to the water column would be short-term and localized, while disturbance to benthic habitats would be unlikely due to the water depth where training activities are proposed. Nonexplosive ordnance use under the No Action Alternative would not result in adverse effects to fish populations or EEH as defined under the MSECMA. Harm to fish populations or habitat from nonexplosive ordnance use in nonterritorial seas would be minimal in accordance with EO 11214. The probability offish ingesting expended ordnance would depend on factors such as the location of the spent materials, size of the materials, and the level of benthic foraging that occurs in the impact area, which is a function of benthic habitat quality,prey availability,and species-specific foraging strategies.It is possible that persistent expended ordnance could be colonized by benthic organisms,and mistaken for prey,or that expended ordnance could be accidentally ingested while foraging for natural prey items.As FISH 3.6-38 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 284 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) discussed in Section 3.2, no long-term impacts to water or sediment quality are anticipated from ordnance-related materials. Ingestion of expended ordnance may affect individual fish;however,ordnance-related expended materials under the No Action Alternative would not result in adverse effects to fish populations or EEH as defined under the MSFCMA.Harm to fish populations or habitat from ordnance-related materials in nonterritorial seas would be minimal in accordance with EO 11214 under the No Action Alternative. Target Related Materials A variety of at-sea targets would be used in the TMAA, ranging from high-tech remotely operated airborne and surface targets (such as airborne drones) to low-tech floating at-sea targets (such as inflatable targets)and airborne towed banners.Many of the targets are designed to be recovered for reuse and are not destroyed during training.Under the No Action Alternative, LUU-213/13 illuminating flares, Tactical Air Launched Decoys(TALDs),BQM-74E unmanned aircraft,and MK-58 marine markers will not be recovered,resulting in approximately 1.53 tons(1,388 kg)of expended training materials. Illuminating flares and marine markers are consumed during use. Smoke from marine markers rapidly diffuses by air movement.The MK-58 marine marker is approximately 2 ft(0.6 m)in length,and sinks to the bottom intact; these targets present no ingestion hazard to fish. It produces chemical flames and regions of surface smoke and are used in various training exercises to mark a surface position to simulate divers, ships,and points of contact on the surface of the ocean.The smoke dissipates in the air,having little effect on the marine environment. The marker itself is not designed to be recovered, and will eventually sink to the bottom and become encrusted or incorporated into the sediments. Phosphorus contained in the marker settles to the sea floor,where it reacts with the water to produce phosphoric acid until all phosphorus is consumed. Combustion of red phosphorus produces phosphorus oxides, which have a low toxicity to aquatic organisms.Red phosphorus released during training is not anticipated to substantially affect the marine environment(DoN 2006). Approximately 20 marine markers would be used in the TMAA under the No Action Alternative.Given the size of the TMAA and the low number of markers used,it would be very unlikely that fish would be affected by use of marine markers. Under the No Action Alternative,eight TALDs would be used annually.TALDs operate as an expendable vehicle with no recovery capabilities,and use lithium sulfur dioxide batteries.An important component of the thermal battery is a hermetically-sealed casing of welded stainless steel 0.03- to 0.1-in thick that is resistant to the battery electrolytes.As discussed in Section 3.2,in the evaluation of the potential effects associated with seawater batteries, it is expected that in the marine environment, lithium potentially released from these batteries would be essentially nontoxic in seawater.Because of these factors,lithium batteries would not adversely affect fish. The TALD will not result in any significant physical impacts to the sea floor,as it is unlikely that it would remain intact upon contact with the water.Therefore,small sections would be dispersed by currents prior to settling to the bottom.These pieces would sink into a soft bottom or would lie on a hard bottom,where they may provide a substrate for benthic colonization or eventually be covered by shifting sediments. Metal components are corroded by seawater at slow rates.Natural encrustation of exposed surfaces would eventually occur as invertebrates grow on the surfaces of the sunken objects. As the exterior becomes progressively more encrusted,the rates at which the metals will dissolve into the surrounding water will also decrease.Rates of deterioration would vary,depending on material and conditions in the immediate marine and benthic environment. Factors such as oxygen content, salinity, temperature, and pH all contribute to the manner and speed at which metals will dissolve. Over a period of years, the TALDs would degrade, corrode, and become encrusted or incorporated into the sediments, thus precluding adverse effects to fish. FISH 3.6-39 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 285 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) The BQM-74E is a remote-controlled, subsonic,jet-powered aerial target that can be launched from the air or surface and recovered on land or at sea. It is powered by a jet engine, and thus contains oils, hydraulic fluid,batteries,and explosive cartridges.The hazardous materials of concern include propellant, petroleum products, metals, and batteries; however, the hazardous materials in aerial targets would be mostly consumed during training use. As discussed in Section 3.2,expended seawater-activated batteries will not have a substantial impact to the environment because chemical reactions in batteries continue until battery life ends,with only a small amount of reactants remaining.Remaining chemicals will leach slowly,and will be diluted by ocean and tidal currents.Also discussed in Section 3.2,most target fragments will sink quickly in the sea.Expended material that sinks to the sea floor would gradually degrade, be overgrown by marine life, or be incorporated into bottom sediments. Chaff Chaff consists of aluminum-coated polymer fibers inside of a launching mechanism.Upon deployment, the chaff and small pieces of plastic are expended. Chaff may be deployed mechanically or pyrotechnically. Mechanical deployment results in expended paper materials, along with the chaff. Pyrotechnic deployment uses a small explosive cartridge to eject the chaff from a small tube.Chaff fibers are widely dispersed on deployment.Chaff settling on the ocean surface may temporarily raise turbidity, but will quickly disperse with particles eventually settling to the ocean floor. An extensive review of literature, combined with controlled experiments, revealed that chaff use pose little risk to the environment or animals (U.S. Air Force 1997,Naval Research Laboratory 1999). The materials in chaff are generally nontoxic except in quantities significantly larger than those any marine fish could reasonably be exposed to from normal usage. Particulate tests and a screening health risk assessment concluded that the concern about chaff breaking down into respirable particle sizes is not a significant issue. Experiments have shown that animals should not suffer toxic or physical effects from chaff ingestion(U.S.Air Force 1997,Naval Research Laboratory 1999).There is no published evidence that chaff exposure has caused the death of a marine fish,and experiments have shown no direct effects of chaff on marine animals(U.S.Air Force 1997,Naval Research Laboratory 1999),therefore no effects of chaff on fish are expected. Sonobuoys Under the No Action Alternative,24 SSQ-36 Bathythermograph(BT)sonobuoys will be expended.The SSQ-36 BT is designed to record the thermal gradient of the water at various depths.The primary source of contaminants in each sonobuoy is the seawater battery;these batteries have a maximum operational life of 8 hours,after which the chemical constituents in the battery are consumed.As described in Section 3.2, the immediate water and sediment quality may be affected by chemical leaching from expended sonobuoys,but ocean and tidal current will quickly disperse chemicals to nontoxic levels. Given the size of the TMAA and the low number of sonobuoys used,it would be very unlikely that fish would be affected by use of sonobuoys.Sonobuoy emissions are not anticipated to accumulate or result in additive effects on water or sediment quality as would occur within an enclosed body of water since the constituents of sonobuoys would be widely dispersed in space and time throughout training areas. In addition, dispersion of released metals and other chemical constituents due to currents near the ocean floor would help minimize any long-term degradation of water and sediment quality. Therefore, sonobuoy-related materials under the No Action Alternative may have a short-term and localized effect, but would not result in adverse effects to fish populations or EFH as defined under the MSFCMA. In accordance with EO 11214, harm to fish populations or habitat from sonobuoy related materials in nonterritorial seas would be minimal under the No Action Alternative. FISH 3.6-40 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 286 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Summary of Impacts from Expended Materials Nonexplosive training round, target, sonobuoy, chaff, and marine marker use under the No Action Alternative may affect fish,but the effects would be minimal because these elements of the action are not expected to have measurable or detectable impacts to fish. Expended materials under the No Action Alternative would not result in adverse affects to fish populations or EFH as defined under the MSFCMA. In accordance with EO 11214, harm to fish populations or habitat from expended materials in nonterritorial seas would be minimal under the No Action Alternative. Threatened and Endangered Species,and Critical Habitat As discussed in Section 3.6.1.3,species of ESA-designated salmonids with known or potential occurrence in the TMAA include:Chinook,coho,chum,and sockeye salmon;and steelhead.No critical habitat(e.g., riparian, estuarine, nearshore marine, or offshore marine) occurs within the TMAA; however, impacts may occur to migratory juvenile or adult individuals, as discussed above for each activity. Based on analysis methods presented in Section 3.6.2.2, physical injury to salmonids could occur within the distances of an explosion shown in Tables 3.6-5 and 3.6-6.Fish injury and mortality from explosions are reduced by Navy protective measures,as discussed in Chapter 5.The Navy finds the activities associated with the No Action Alternative may affect the threatened salmonid species in the TMAA and the Navy is currently conducting ESA Section 7 consultations with NMFS to address effects to listed fish species for the Preferred Alternative(Alternative 2); however,no destruction or adverse modification of designated critical habitat would result from implementation of the No Action Alternative. Essential Fish Habitat This section discusses the potential impacts of the No Action Alternative to EFH and managed species. Species within all FMPs may utilize both nearshore and offshore areas during their lives, as eggs and larvae for most species are planktonic and can occur in nearshore and offshore waters,while adults may be present in nearshore and/or offshore waters. Therefore, all project activities under the No Action Alternative can potentially affect a lifestage of a managed species. The proposed activities in the TMAA have the potential to result in the following impacts: • Physical disruption of habitat; • Physical destruction or adverse modification of benthic habitats; • Alteration of water or sediment quality from expended material or discharge;and • Cumulative impacts. Effects to EFH could potentially result from vessel movements, aircraft overflights, explosive ordnance use, sonar activities, nonexplosive ordnance use, weapons firing disturbance, expended materials, and target related materials,all of which have been analyzed in the previous sections,and with a more focused analysis in a separate EFH Assessment. The analyses indicate that impacts to the water column habitat and fish would be short-term and localized,that adverse disturbance to benthic habitats would be unlikely due to the water depth where training activities occur and the avoidance of HAPCs (see Section 3.5, Marine Plants and Invertebrates).Therefore,the No Action Alternative would not result in adverse affects to EFH as defined under the MSFCMA. 3.6.2.4 Alternative 1 Under Alternative 1, the general level of some activities in the TMAA would increase relative to those under the No Action Alternative. In addition, training activities associated with force structure changes would be implemented for the EA-18G Growler, SSGN, P-8 MMA, DEG 1000, and UASs. Force FISH 3.6-41 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 287 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) structure changes associated with new weapons systems would include new sonobuoys.Force structure changes associated with new training instrumentation include the PUTR. Vessel Movements As described for the No Action Alternative, the number of Navy vessels operating during training activities varies,but generally includes up to seven surface ships and one submarine(collectively referred to as vessels).Under Alternative 1, steaming hours would increase from current conditions,although the increase in steaming hours would not measurably increase potential effects to fish.Disturbance impacts to fish from vessel movements under Alternative 1 would be the same as those described for the No Action Alternative. Vessel movements under Alternative 1 would not result in adverse effects to fish populations or EFH as defined under the MSFCMA. In accordance with EO 11214 harm to fish populations or habitat from vessel movements in nonterritorial seas would be minimal under Alternative 1. Aircraft Overflights As described for the No Action Alternative, aircraft overflight responses would not compromise the general health or condition of individual fish or fish populations, and under Alternative 1, overflights would increase from current conditions. The increase in potential exposure to visual and sound disturbance would not measurably increase effects to fish. Thus, the impacts of overflights under Alternative 1 would be the same as those for the No Action Alternative. Aircraft overflights under Alternative 1 would not result in adverse effects to fish populations or EFH as defined under MSFCMA.In accordance with EO 11214,harm to fish populations or habitat from aircraft overflights in nonterritorial seas would be minimal under Alternative 1. Explosive Ordnance Explosive ordnance use would increase under Alternative 1 compared to the No Action Alternative(Table 3.6-8).In addition,Alternative 1 would include the use of the Improved Extended Echo Ranging(IEER) sonobuoys(IEER will be replaced by the Multi-Static Active Coherent[MAC] sonobuoy).Unlike other sonobuoys,IEER sonobuoys contain two Signal,Underwater Sound(SUS)explosive payloads(Class A) weighing 4.2 lb(1.9 kg)each.Explosive source sonobuoys could affect water quality by the release of explosive by-products, and could affect bottom habitats releasing chemicals (primarily from batteries) into the sediment.The sonobuoy explosive package consists primarily of HEX(i.e.,explosive cord)and small amounts of plastic-bonded molding powder.Explosions create gaseous by-products,many of which travel to the surface and escape into the atmosphere.A small amount of the gas,however,dissolves into the water column. Although several by-products are produced, the products with greatest potential to result in toxicity are hydrogen fluoride compounds.However,only a minute amount of these substances are expected to be introduced, and they would be rapidly diluted by water movement. It is therefore considered unlikely that the explosive reactions associated with sonobuoys will result in localized impacts. As described for the No Action Alternative,impacts to fish from explosions would be possible,but these elements of the action are not expected to have measurable or detectable impacts to fish given the vast area encompassing the TMAA (42,146 nm' [144,557 km2]); impacts are further reduced using conservative estimates assuming that activities occur across 20 percent of the TMAA (Table 3.6-8). Habitat disturbance and fish injury and mortality from explosions are reduced by Navy mitigation measures, as discussed in Chapter 5. While serious injury and/or mortality to individual fish would be expected if they were present in the immediate vicinity of explosive ordnance use, explosions under Alternative 1 would not result in impacts to fish populations based on the low number of fish that would FISH 3.6-42 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 288 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) be affected.Disturbance to water column and benthic habitats from explosions would be short-term and localized.The effects of other expended materials in sonobuoys(e.g.,batteries)are discussed in Section 3.2. In accordance with EO 11214, harm to fish populations or habitat from explosive ordnance use in nonterritorial seas would be minimal under Alternative 1. Impacts to fish under the No Action Alternative from explosions would be possible, but because these elements of the action are not expected to have measurable or detectable impacts to fish given the vast area encompassing the TMAA (42,146 nm' [144,557 km2]); impacts are further reduced using conservative estimates assuming that activities occur across 20 percent of the TMAA(Table 3.6-8). Sonar Effects to fish populations and EEH from sonar use could potentially result from acoustic impacts if that sonar use was within their auditory or sensory detection capabilities (Table 3.6-10). Anti-Submarine Warfare(ASW)exercises include training sonar operators to detect,classify,and track underwater objects and targets.There are two basic types of sonar:passive and active.Passive sonars only listen to incoming sounds and,since they do not emit sound energy in the water,lack the potential to acoustically affect the environment. Active sonars emit acoustic energy to obtain information about a distant object from the reflected sound energy.Active sonars are the most effective detection systems against modern,ultra-quiet submarines and sea mines in shallow water. Modern sonar technology has developed a multitude of sonar sensor and processing systems.In concept, the simplest active sonars emit acoustic pulses("pings")and time the arrival of the reflected echoes from the target object to determine range. More sophisticated active sonars emit a ping and then scan the received beam to provide directional as well as range information.Only about half of the Navy's ships are equipped with active sonar and their use is generally limited to training and maintenance activities; 90 percent of sonar activity by the Navy is passive(DoN 2007). Active sonars operate at different frequencies, depending on their purpose. High-frequency sonar(>10 kHz) is mainly used for establishing water depth, detecting mines, and guiding torpedoes. At higher frequencies, sound energy is greatly attenuated by scattering and absorption as it travels through the water. This results in shorter ranges, typically less than 5 nm (9.2 km). Mid-frequency sonar is the primary tool for identifying and tracking submarines. Mid-frequency sonar (1 kHz - 10 kHz) suffers moderate attenuation and has typical ranges of 1-10 nm(1.8-18.5 km). Low-frequency sonar(<1 kHz) has the least attenuation, achieving ranges over 100 nm(185 km). Low-frequency sonars are primarily used for long-range search and surveillance of submarines. SURTASS LEA is the U.S. Navy's low- frequency sonar system(DoN 2001b);it employs a vertical array of 18 projectors using the 100-500 Hz frequency range but is not proposed for use in the TMAA. Sonars used in ASW are predominantly in the mid-frequency range (DoN 2007). ASW sonar systems may be deployed from surface ships,submarines,and rotary and fixed wing aircraft.The surface ships are typically equipped with hull-mounted sonar but may tow sonar arrays as well.Helicopters are equipped with dipping sonar(lowered into the water). Helicopters and fixed wing aircraft may also deploy both active and passive sonobuoys and towed sonar arrays to search for and track submarines. Submarines also use sonars to detect and locate other subs and surface ships. A submarine's mission revolves around stealth, and therefore submarines use their active sonar very infrequently since the pinging of active sonar gives away their location. Submarines are also equipped with several types of auxiliary sonar systems for mine avoidance,for top and bottom soundings to determine the submarine's position in the water column, and for acoustic communications. ASW training targets simulating submarines may also emit sonic signals through acoustic projectors. FISH 3.6-43 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 289 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-10:Active Systems and Platforms Proposed for Use in the TMAA Hours Modeled System Annual Associated Platform/Use' Alt 1 Alt 2 AN/SQS-53 289 578 DDG and CG hull-mounted sonar AN/SQS-56 26 52 FFG hull-mounted sonar AN/BQQ-10 24 48 Submarine hull-mounted sonar AN/AQS-13 or AN/AQS-22 96 192 Helicopter dipping sonar BQS-15 12 24 SSN navigation PUTR Transponders 40 80 Portable Undersea Tracking Range MK-84 Range Tracking Pingers 40 80 Ships,submarines,ASW targets DICASS sonobuoy(AN/SSQ-62) 133 266 MPA deployed sonobuoys IEER Sonobuoy(AN/SSQ-110A) 20 40 MPA deployed sonobuoys MAC Sonobuoy(AN/SSQ-125) 20 40 MPA deployed sonobuoys SUS,MK-84 12 24 Surface Ships and Aircraft EMATT 6 12 Surface Ships and Aircraft CG—Guided Missile Cruiser;DDG—Guided Missile Destroyer;EEG—Fast Frigate;DICASS—Directional Command-Activated Sonobuoy System;HE—High-Frequency;ME—Mid-Frequency. Torpedoes use high-frequency, low-power, active sonar. Their guidance systems can be autonomous or electronically controlled from the launching platform through an attached wire.The autonomous guidance systems are acoustically based.They operate either passively,exploiting the emitted sound energy by the target,or actively,ensonifying the target and using the received echoes for tracking and targeting. Military sonars for establishing depth and most commercial depth sounders and fish finders operate at high frequencies,typically between 24 and 200 kHz.Although low-frequency sonar is not proposed for use in the TMAA,the following text summarizes the types and potential impacts associated with the three main types of sonar. Low-Frequency Sonar Low-frequency sound travels efficiently in the deep ocean and is used by whales for long-distance communication(Richardson et al.1995,NRC 2003,2005).Concern about the potential for low-frequency sonar(<1 kHz) to interfere with cetacean behavior and communication has prompted extensive debate and research(DoN 2001b,2007,NRC 2000,2003). Some studies have shown that low-frequency sound will alter the behavior offish.For example,research on low-frequency devices used to deter fish away from turbine inlets of hydroelectric power plants showed stronger avoidance responses from sounds in the infrasound range (5-10 Hz)than from 50 and 150 Hz sounds (Knudsen et al. 1992, 1994). In test pools,wild salmon exhibit an apparent avoidance response by swimming to a deeper section of the pool when exposed to low-frequency sound(Knudsen et al.1997). Turnpenny et al.(1994)reviewed the risks to marine life,including fish,of high intensity,low-frequency sonar.Their review focused on the effects of pure tones(sine waves)at frequencies between 50 Hz and 1 kHz.Johnson(2001)evaluated the potential for environmental impacts of employing the SURTASS LFA sonar system. While concentrating on the potential effects on whales, the analysis did consider the potential effects on fish,including bony fish and sharks.It appears that the swimbladders of most fish are FISH 3.6-44 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 290 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) too small to resonate at low frequencies and that only large pelagic species such as tunas have swimbladders big enough to resonate in the low-frequency range.However,investigations by Sand and Hawkins(1973)and Sand and Karlsen(1986)revealed resonance frequencies of cod swim bladders from 2 kHz down to 100 Hz. Popper et al. (2005, 2007)investigated the impact of Navy SURTASS LFA sonar on hearing and on nonauditory tissues of several fish species. In this study, three species of fish in Plexiglass cages suspended in a freshwater lake were exposed to high-intensity LFA sonar pulses for periods of time considerably longer than likely LFA exposure. Kane et al. (2010) also conducted similar experiments using LFA,and similarly,results showed no mortality and no damage to body tissues either at the gross or histological level.Some individuals exhibited temporary hearing loss but recovered within several days of exposure. They noted that it could be possible that wild fishes(not caged)exposed to high intensity sounds might show behavioral responses that may affect feeding,reproduction, exposure avoidance or other important behaviors; however, the studies suggest that SURTASS LFA sonar does not kill or damage fish even in a worst case scenario. Mid-Frequency Sonar ASW training activities use sound sources mainly in the mid-frequency(1 kHz-10 kHz)range and at or above the 3.5 kHz center frequency of the SQS-53 hull mounted sonar. The best available science indicates that with few exceptions, fish cannot hear sounds above about 3 kHz, and the majority of species are only able to detect sounds to 1 kHz or even below(Popper 2003,Hastings and Popper 2005). Thus, it is expected that most fish species would not be able to hear the ASW mid-frequency sonar proposed for use in the TMAA. Some investigations have been conducted on the effect on fish of acoustic devices designed to deter marine mammals from gillnets(Gearin et al. 2000, Culik et al. 2001). While the devices used in these experiments had output that included a portion of the mid-frequency range,they are not otherwise similar to the sonar devices that would be used in ASW exercises.Gearin et al.(2000)concluded adult sockeye salmon were not disturbed by the sound from these devices. In field experiments to determine the reactions of herring(Clupea harengus)and harbor porpoise to acoustic alarm deterrent devices,Culik et al.,(2001)found herring were not affected by the devices. Jorgensen et al.(2005)examined the effects of 1 kHz to 6.5 kHz sounds on survival, development,and behavior offish larvae and juvenile Atlantic herring(Clupea harengus),Atlantic cod(Gadus morhua), saithe(Pollaehius vixens),and spotted wolfish(Anarhiehas minor).Swimbladder resonance experiments were also attempted on the herring,cod,and saithe.The investigators variously characterized the sound sources used in these exposure experiments as"low frequency sonar", "Low Frequency Active Sonars (MFAS)"and as having"simulating real sonar"and"sonar signals"but all in reference to sonar systems on Royal Norwegian Navy frigates and helicopters. The sounds tested were unlike any produced from U.S.Navy sonar3 proposed for use in the TMAA but do provide data points for understanding affects from sound exposures longer in duration and closer to the center frequency of hearing for these species. 3 For example U.S.Navy hull mounted mid-frequency anti-submarine systems do not include the 1.5 kHz range;the SQS-53 has a center frequency at 3.5 kHz;The continuous wave sounds were one second in duration repeated every five seconds (a least six times more frequent) for up to 100 exposures (too many to be representative; an approximate seven minute exposure);The frequency modulated signals tested were a sweep from 1 kHz to 3 kHz, which is much too broad a frequency sweep. FISH 3.6-45 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 291 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) The 82 experimental exposures by Jorgensen et al. (2005)did not cause any significant direct mortality among the exposed fish except in two experiments'where significant mortality(approximately 20 to 30 percent)was observed for some larval and juvenile herring in the group.This was in contrast to the other 40 experiments on larval and juvenile herring having no significant mortality. Some incidents of behavioral reactions were observed in the herring"during or after"sound at 1.5 kHz or to frequency sweeps(starting at 1 kHz and ending at 3 kHz)for exposures up to 100 seconds in duration. Sounds of this frequency and duration are not like mid-frequency sonar proposed for use in the TMAA. Histological studies found no physiological obvious affects from the sound exposure. Kvadsheim and Sevaldsen(2005)undertook further analysis of Jorgensen et al.(2005)to determine if use of the same signals were extrapolated to the wild, would there be a significant impact on larvae and juvenile fish over a spawning ground. They conjectured that"normal sonar"operations would affect a smaller percentage than is subject to natural daily mortality.Based on the two incidents of mortality in 40 exposures seen in Jorgensen et al. (2005), Kvadsheim and Sevaldsen (2005) did suggest use of continuous-wave transmissions within the frequency band corresponding to swim bladder resonance of small herring could increase the predicted mortality by an order of magnitude. To reiterate, the sound frequency and duration upon which this prediction was made is not representative of the type of U.S. Navy sonar proposed for use by this EIS/OEIS. Doksocter et al. (2009) more recently investigated exposure of herring to mid-frequency sonar and concluded that,"the operation of sonar systems at the tested frequencies and source levels above 1 kHz and 209 dB rms re 1 Pa at 1 in will not have any large scale detrimental effects on overwintering herring populations or on the commercial herring fishery."The investigators concluded that,"Military sonars of such frequencies and source levels may thus be operated in areas of overwintering herring without substantially affecting herring behavior or herring fishery"(Doksocter et al.2009). Experiments on fish classified as hearing specialists(but not those classified as hearing generalists)have shown that exposure to loud sound can result in temporary hearing loss,but it is not evident that this may lead to long-term behavioral disruptions in fish that are biologically significant(Amoser and Ladich 2003, Smith et al. 2004 a,b). There is no information available that suggests that exposure to nonimpulsive acoustic sources results in fish mortality. In summary,proposed ASW training activities use mid-frequency sound sources at or above the 3.5 kHz center frequency of the SQS-53 hull mounted sonar and with few exceptions, fish cannot hear sounds above about 3 kHz(Popper 2003,Hastings and Popper 2005).Thus,it is expected that most fish species would not be able to hear the mid-frequency sonar proposed for use in the TMAA.If responses to mid- frequency sonar use do occur, behavioral responses would be brief, reversible, and not biologically significant.Sustained auditory damage is not expected(Kane et al.2010). Sensitive life stages(uvenile fish,larvae and eggs)very close to the sonar source may experience injury or mortality,but below the level of loss of larval and juvenile fish from natural causes.The use of Navy mid-frequency sonar would not compromise the productivity offish or adversely affect their habitat. High-Frequency Sonar Although most fish cannot hear high frequencies sound,some shad and herring species can detect sounds over 20 kHz.(Mann et al.2001,Higgs et al.2004).Ross et al.(1996)reviewed the use of high-frequency °Experiment 21-One second exposures every five seconds at 1.5 kHz and 189 dB(20 times)for 100 seconds and Experiment 40-one second exposures every five seconds at 3.4 kHz and 179 dB(20 times)for 100 seconds. FISH 3.6-46 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 292 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) sound to deter alewives from entering power station inlets and suggested that impingement of alewives was reduced by 81-84%.The alewife,a member of the shad family(Alosinae)which can hear sounds at high frequencies (Mann et al. 2001), uses high-frequency hearing to detect and avoid predation by cetaceans.Wilson and Dill(2002)demonstrated that exposure to broadband sounds with high frequencies cause behavioral modification in Pacific herring. Since high-frequency sound attenuates quickly in water, high levels of sound from sonars in this range would be restricted to within a few meters of the source. Even for fish able to hear sound at high frequencies,only short-term exposure would occur,thus high-frequency military sonars are not expected to have significant effects on resident fish populations. Because a torpedo emits sonar pulses intermittently and is traveling through the water at a high speed, individual fish would be exposed to sonar from a torpedo for a brief period.At most,an individual animal would hear one or two pings from a torpedo and would be unlikely to hear pings from multiple torpedoes over an exercise period. Most fish hear best in the low- to mid-frequency range and, therefore, are unlikely to be disturbed by torpedo pings. The effects of high-frequency sonar on fish behavior for species that can hear high-frequency sonar would be transitory and of little biological consequence.Most species of fish would not hear these sounds and would therefore experience no disturbance. Conclusion—Sonar Use While the impact of anthropogenic sound on marine mammals has been extensively studied,the effects of sound on fish are largely unknown(Popper 2003,Hastings and Popper 2005,Popper 2008,Popper and Hastings 2009).There is a dearth of empirical information on the effects of exposure to sound,let alone sonar, for the vast majority of fish. The few studies on sonar effects have focused on behavior of individuals of a few species and it is unlikely their responses are representative of the wide diversity of other marine fish species (Popper and Hastings 2009). The literature on vulnerability to injury from exposure to loud sounds is similarly limited, relevant to particular species, and, because of the great diversity of fish, not easily extrapolated. More well-controlled studies are needed on the hearing thresholds for fish species and on temporary and permanent hearing loss associated with exposure to sounds. The effects of sound may not only be species specific,but also depend on the mass of the fish (especially where any injuries are being considered)and life history phase(eggs and larvae may be more or less vulnerable to exposure than adult fish).The use of sounds during spawning by some fish,and their potential vulnerability to masking by anthropogenic sound sources,also requires further investigation.No studies have established effects of cumulative exposure of fish to any type of sound or have determined whether subtle and long-term effects on behavior or physiology could have an impact upon survival of fish populations. The use of sounds during spawning by some fish and their potential vulnerability to masking by anthropogenic sound sources requires closer investigation. With these caveats and qualifications in mind, the limited information currently available suggests that populations of fish are unlikely to be affected by the projected rates and areas of use of military sonar. Most fish species are not capable of hearing mid-frequency and high frequency sonar. Short-term behavioral responses such as startle and avoidance may occur, but are not likely to adversely affect indigenous fish communities. Auditory damage from sonar signals is not expected and there is no indication that nonimpulsive acoustic sources would result in mortality to fish populations. Thus, sonar use in TMAA training is not anticipated to result in adverse affects to fish populations or EEH as defined under the MSECMA.In accordance with EO 11214,harm to fish populations or habitat from sonar use in nonterritorial seas would be minimal under Alternative 1. FISH 3.6-47 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 293 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Weapons Firing Disturbance Under Alternative 1,weapons firing activities would increase by 40 percent(Table 3.6-8),but because fish apparently only react to impulsive sounds greater than 160 dB,only those in the immediate vicinity (0.004 nm2 [0.015 km2] area)would be affected and effects would be limited to short-term, transitory alarm or startle responses.Since activities are infrequent and widely dispersed throughout the TMAA,the impacts to fish would be the same as those described for the No Action Alternative. Under Alternative 1,weapons firing may affect fish,but this effect would be minimal. Weapons firing under Alternative 1 would not result in adverse effects to fish populations or EEH as defined under the MSFCMA.Furthermore,harm to fish from weapons firing would not be likely in nonterritorial seas in accordance with EO 12114. Expended Materials Under Alternative 1, the total number of expended ordnance in the TMAA would be 20,223 items per year, an increase of 26 percent. Based on an open ocean area of 42,146 nm2 (144,557 km2) and conservatively assuming that activities occur across 20 percent of the TMAA,2.4 items per nm2(0.07 per km2)per year would be deposited in the ocean(see Table 3.6-9). More than 93 percent of these items would be from gunshells and small caliber rounds. The increase in potential exposure would not measurably increase effects to fish.Given the large area of the TMAA and low concentration of expended materials,with no potential for long-term degradation of water and sediment quality(See Section 3.2,Expended Materials,and 3.3,Water Resources),the impacts to fish would be the same as those described for the No Action Alternative. Similarly, ingestion of expended materials is possible, but has a low potential for occurrence, as described for the No Action Alternative.Habitat disturbance and fish injury and mortality from expended materials use are reduced by Navy mitigation measures,as discussed in Chapter 5.While serious injury and/or mortality to individual fish would be expected if they were present in the immediate vicinity of expended materials contacting the ocean surface,implementation of Alternative 1 would not result in impacts to fish populations based on the low number offish that would be affected.Disturbances to water column and benthic habitats from expended materials would be short-term and localized. Expended materials under Alternative 1 would not result in adverse effects to fish populations or EFH as defined under the MSFCMA. In accordance with EO 11214, harm to fish populations or habitat from expended materials in nonterritorial seas would be minimal under Alternative 1. Portable Undersea Tracking Range The PUTR is a self-contained,portable,undersea tracking capability that employs modern technologies to support coordinated undersea warfare training for Forward Deployed Naval Forces(FDNF).PUTR will be available in two variants to support both shallow and deep water remote activities in keeping with Navy requirements to exercise and evaluate weapons systems and crews in the environments that replicate the potential combat area. The system will be capable of tracking submarines, surface ships, weapons, targets, and Unmanned Underwater Vehicles (UUVs) and distribute the data to a data processing and display system,either aboard ship,or at a shore site. No area supporting a PUTR system has been identified; however, potential impacts to EFH can be assessed based on several assumptions.Assuming that transponders are deployed on soft-bottom habitats, impacts would be similar to those discussed for expended materials.There would be direct impact to soft bottom habitat where the clump weight contacted the bottom,which may result in localized mortality to epifauna and infauna within the footprint,although it is anticipated that recolonization would occur within a relatively short period of time.Upon completion of the exercise,the transponders are recovered,which FISH 3.6-48 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 294 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) eliminates any potential impacts associated with hazardous materials such as batteries and electronic components. The clump weight is not recovered, and since it is composed of inert material, it is not a potential source of contaminants, and could provide a substrate for benthic fauna. There may also be indirect effects associated with increased turbidity due to resuspension of sediments from the clump weight contacting the bottom.The turbidity plume is expected to be localized and temporary,as sediment would eventually settle to the ocean floor or be dispersed by ocean currents. Therefore, localized and temporary impacts to benthic fauna and water quality may occur from the PUTR, but no long-term impacts are anticipated. Impacts from the PUTR under the Alternative 1 would not result in adverse effects to fish populations or EEH as defined under MSFCMA. In accordance with EO 11214, harm to fish populations or habitat from explosive ordnance use in nonterritorial seas would be minimal under the No Action Alternative. Threatened and Endangered Species and Critical Habitat As discussed in Section 3.6.1.3,species of ESA-designated salmonids with known or potential occurrence in the TMAA include Chinook,coho,chum,and sockeye salmon;and steelhead.No critical habitat(e.g., riparian, estuarine, nearshore marine, or offshore marine) occurs within the TMAA.However,impacts may occur to migratory juvenile or adult individuals, as discussed for No Action Alternative.Based on analysis methods presented in Section 3.6.2,physical injury to salmonids could occur within the distances of an explosion shown in Tables 3.6-6 and 3.6-7.Fish injury and mortality from explosions are reduced by Navy protective measures,as discussed in Chapter 5. Pursuant to the ESA,Section 7,the Navy finds the activities associated with Alternative 1 may affect the threatened salmonid species in the TMAA;the Navy is currently conducting Section 7 consultations with NMFS to address effects to listed fish species for the Preferred Alternative(Alternative 2).No destruction or adverse modification of designated critical habitat would result from implementation of Alternative 1. Essential Fish Habitat Under Alternative 1,the level of activities in the TMAA would increase relative to the baseline No Action Alternative.However,these increases would not measurably increase potential effects to EFH.The EFH assessment concludes that vessel movements, aircraft overflights, explosive ordnance use, sonar activities, weapons firing disturbance, expended materials, and target related materials under Alternative 1 would not result in adverse affects to EFH as defined under the MSFCMA. 3.6.2.5 Alternative 2 Implementation of Alternative 2 would include all elements of Alternative 1 (accommodating training activities currently conducted,increasing specific training activities to include the use of active sonar,and accommodating force structure changes).In addition,under Alternative 2 the following activities would occur: • Conduct one additional separate summertime CSG exercise lasting up to 21 days within the ATA. • Conduct a SINKEX in each summertime exercise(a maximum of two)in the TMAA. Vessel Movements As described for the other alternatives, the number of Navy vessels operating during training exercises varies and would average eight vessels per activity.Under Alternative 2,steaming hours would increase from current conditions,although the increase in steaming hours would not measurably increase potential effects to fish.Disturbance impacts to fish from vessel movements under Alternative 2 would be the same as those described for the No Action Alternative. FISH 3.6-49 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 295 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Vessel movements under Alternative 2 would not result in adverse effects to fish populations or EEH as defined under the MSFCMA.Furthermore,harm to fish populations or habitat from vessel movements in nonterritorial seas would be minimal in accordance with EO 11214. Aircraft Overflights As described for the No Action Alternative, aircraft overflight responses would not compromise the general health or condition of individual fish or fish populations, and under Alternative 2, overflights would increase from current conditions. The increase in potential exposure to visual and sound disturbance would not measurably increase effects to fish. Thus, the impacts of overflights under Alternative 2 would be the same as those for the No Action Alternative. Aircraft overflights under Alternative 2 would not result in adverse effects to fish populations or EFH as defined under MSFCMA. Furthermore, harm to fish populations or habitat from aircraft overflights in nonterritorial seas would be minimal in accordance with EO 11214. Explosive Ordnance Explosive ordnance use would increase under Alternative 2 compared to the No Action Alternative(Table 3.6-8). And similar to Alternative 1, Alternative 2 would include the use of the IEER sonobuoy. As described for the No Action Alternative, impacts to fish from explosions would be possible, but these elements of the action are not expected to have measurable or detectable impacts to fish given the vast area encompassing the TMAA (42,146 nm' [144,557 km2]); impacts are further reduced using conservative estimates assuming that activities occur across 20 percent of the TMAA (Table 3.6-8). Habitat disturbance and fish injury and mortality from explosions are reduced by Navy mitigation measures, as discussed in Chapter 5. While serious injury and/or mortality to individual fish would be expected if they were present in the immediate vicinity of explosive ordnance use, explosions under Alternative 2 would not result in impacts to fish populations based on the low number of fish that would be affected.Disturbances to water column and benthic habitats from explosions would be short-term and localized.The effects of other expended materials in sonobuoys are discussed in Section 3.2. Sonar Under Alternative 2,sonar would have the potential to affect fish in the TMAA.Most fish species would not be able to detect mid-frequency and high frequency sonar. Short-term behavioral responses such as startle and avoidance may occur, but are not likely to adversely affect indigenous fish communities. Auditory damage from sonar signals is not expected and there is no indication that nonimpulsive acoustic sources result in fish mortality.Sonar use under Alternative 2 would not result in adverse effects to fish populations or EFH as defined under the MSFCMA. Furthermore, harm to fish populations or habitat from sonar use in nonterritorial seas would be minimal in accordance with EO 11214. Weapons Firing Disturbance Under Alternative 2,weapons firing activities would increase by 180 percent(Table 3.6-8),but because fish apparently only react to impulsive sounds greater than 160 dB,only those in the immediate vicinity (0.015 km�area)would be affected and effects would be limited to short-term,transitory alarm or startle responses.Since activities are infrequent and widely dispersed throughout the TMAA,the impacts to fish would be the same as those described for the No Action Alternative. Under the Alternative 2,weapons firing may affect fish,but this affect would be minimal.Weapons firing under Alternative 2 would not result in adverse effects to fish populations or EFH as defined under the MSFCMA.Furthermore,harm to fish from weapons firing would not be likely in nonterritorial seas in accordance with EO 12114. FISH 3.6-50 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 296 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Expended Materials Under Alternative 2, expended materials in the TMAA would increase approximately 160 percent over the No Action Alternative(see Table 3.6-9).Based on an open ocean area of 42,146 run'(144,557 kin) and conservatively assuming that activities occur across 20 percent of the TMAA,4.9 items per nm2(1.4 per km2)per year would be deposited in the ocean.More than 91 percent of these items would be from gunshells and small caliber rounds.Despite the increase in expended materials,given the large area of the TMAA and low concentration of expended materials, with no potential for long-term degradation of water and sediment quality(See Section 3.2,Expended Materials,and 3.3,Water Resources),the impacts to fish would be the same as those described for the No Action Alternative. Under Alternative 2,ingestion of expended materials is possible,but has a low potential for occurrence, as described for the No Action Alternative. Expended materials under Alternative 2 would not result in adverse effects to fish populations or EEH as defined under the MSFCMA. Furthermore, harm to fish populations or habitat from expended materials in nonterritorial seas would be minimal in accordance with EO 11214. Portable Undersea Tracking Range Under Alternative 2,impacts from the PUTR would be similar to those described for Alternative 1,with localized and temporary impacts to benthic fauna, water quality, and EFT, but no long-term adverse impacts are anticipated. SINKEX Under Alternative 2,a SINKEX is typically conducted by aircraft,surface ships,and submarines in order to take advantage of a full size ship target and an opportunity to fire live weapons.The target is typically a decommissioned combatant or merchant ship that has been made environmentally safe for sinking according to standards set by the U.S. Environmental Protection Agency (USEPA). It is placed in a specific location that is greater than 50 nm(93 km)out to sea and in water depths greater than 6,000 ft (1,830 m)(40 C.F.R. §229.2)so that when it sinks it will serve another purpose,such as a reef,or be in deep water where it will not be a navigation hazard to other shipping.Ship,aircraft,and submarine crews typically are scheduled to attack the target with coordinated tactics and deliver live ordnance to sink the target. Aspects of the exercise that have potential effects on fish are vessel movement,aircraft overflights,active sonar,surface firing noise,shock waves from munitions hitting the water,munitions constituents,missile launches, shock waves, underwater detonations, and presence of expended materials (fragments of missiles and bombs). These stressors have been analyzed separately in previous sections, and while serious injury and/or mortality to individual fish would be expected if they were present in the immediate vicinity of several of these stressors(e.g.,explosive ordnance), SINKEX under Alternative 2 would not result in impacts to fish populations based on the low number of fish that would be affected and the avoidance of HAPCs.Disturbances to water column and benthic habitats from SINKEX would be short- term and localized(See Section 3.5). Threatened and Endangered Species and Critical Habitat As discussed in Section 3.6.1.3,species of ESA-designated salmonids with known or potential occurrence in the TMAA include Chinook,coho,chum,and sockeye salmon;and steelhead.No critical habitat(e.g., riparian, estuarine, nearshore marine, or offshore marine) occurs within the TMAA.However,impacts may occur to migratory juvenile or adult individuals, as discussed for No Action Alternative.Based on analysis methods presented in Section 3.6.2,physical injury to salmonids could occur within the distances FISH 3.6-51 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 297 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) of an explosion shown in Tables 3.6-6 and 3.6-7.Fish injury and mortality from explosions are reduced by Navy protective measures,as discussed in Chapter 5. Pursuant to the ESA,Section 7,the Navy finds the activities associated with Alternative 2 may affect the threatened salmonid species in the TMAA;the Navy is currently conducting Section 7 consultations with NMFS to address effects to listed fish species for the Preferred Alternative(Alternative 2).No destruction or adverse modification of designated critical habitat would result from implementation of Alternative 2. Essential Fish Habitat Under Alternative 2,the level of activities in the TMAA would increase relative to the baseline No Action Alternative.However,these increases would not measurably increase potential effects to EFH.The EFH assessment concludes that vessel movements, aircraft overflights, explosive ordnance use, sonar activities,weapons firing disturbance,expended materials,and target-related materials under Alternative 2 would not result in adverse affects to EFH as defined under the MSFCMA. 3.6.3 Mitigation As summarized in Section 3.6.4,the alternatives proposed in the EIS/OEIS would be expected to affect individual fish and have localized effects on their habitats, but would not affect communities or populations of species or their use of the TMAA. Mitigation measures for at-sea activities involving explosive ordnance,implemented for marine mammals and sea turtles, also offer protections to habitats associated with fish communities. These current protective measures detailed in Chapter 5 (such as utilization of general maritime measures and buffer zones for marine mammals as well as marine vegetative communities)would continue to be implemented,and no further mitigation measures would be needed to protected fish in the TMAA. 3.6.4 Summary of Effects by Alternative Table 3.6-11 summarizes the effects of the No Action Alternative,Alternative 1,and Alternative 2 on fish and EFH under both NEPA and EO 12114. FISH 3.6-52 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 298 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-11:Summary of Effects by Alternative Alternative NEPA EO 12114 U.S.Territorial Seas,0 to 12 nm (Non-U.S.Territorial Seas,>12 nm • Vessel movement,aircraft overflight,weapons firing disturbance,and expended materials would result in minimal harm to fish or EFH. Given the TMAA size and using conservative estimates,the concentration of expended materials would be 1.9 per nm2(0.5 per km2). More than 97 percent of these items would be from gunshells and small caliber rounds. • Overflights would not adversely • Explosive ordnance use may result in injury or No Action affect fish populations or EFH as mortality to individual fish but would not result in Alternative defined under the MSFCMA.See impacts to fish populations.Given the TMAA page 3.6-30. size and using conservative estimates,the concentration of explosive ordnance would be 0.010 per nm2(0.003 per km2). • Activities would not adversely affect fish populations or EFH as defined under the MSFCMA. • May affect ESA-listed fish species. • No effect to designated critical habitat. FISH 3.6-53 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 299 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-11:Summary of Effects by Alternative(continued) Alternative NEPA EO 12114 U.S.Territorial Seas,0 to 12 nm (Non-U.S.Territorial Seas,>12 nm • Vessel movement,aircraft overflight,weapons firing disturbance,and expended materials would result in minimal harm to fish or EFH. Given the TMAA size and using conservative estimates,the concentration of expended materials would be 2.4 per nm2(0.7 per km2). More than 93 percent of these items would be from gunshells and small caliber rounds. • Explosive ordnance use may result in injury or mortality to individual fish but would not result in impacts to fish populations.Given the TMAA • Overflights would not adversely size and using conservative estimates,the Alternative affect fish populations or EFH as concentration of explosive ordnance would be 1 defined under the MSFCMA.See 0.020 per nm2(0.006 per km2). page 3.6-38. • Because only a few species offish maybe able to hear the relatively higher frequencies of mid-frequency sonar,sonar used in Navy exercises would result in minimal harm to fish or fish habitat. • Activities would not adversely affect fish populations or EFH as defined under the MSFCMA.. • May affect ESA-listed species. • No effect to designated critical habitat. FISH 3.6-54 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 300 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) Table 3.6-11:Summary of Effects by Alternative(continued) Alternative ! NEPA EO12114 U.S.Territorial Seas,0 to 12 nm Non-US.Territorial Seas,>12 nm • Vessel movement,aircraft overflight, weapons firing disturbance,and expended materials would result in minimal harm to fish or EFH.Given the TMAA size and using conservative estimates,the concentration of expended materials would be 4.9 per nm2(1.4 per km2).More than 91 percent of these items would be from gunshells and small caliber rounds. • Explosive ordnance use may result in injury or mortality to individual fish but would not result in impacts to fish Alternative 2 • Overflights would not adversely populations.Given the TMAA size and (Preferred affect fish populations or EFH as using conservative estimates,the defined under the MSFCMA.See concentration of explosive ordnance would Alternative) page 3.6-45. be 0.142 per nm2(0.041 perk m). • Because only a few species offish may be able to hear the relatively higher frequencies of mid-frequency sonar,sonar used in Navy exercises would result in minimal harm to fish or fish habitat. • Activities would not adversely affect fish populations or EFH as defined under the MSFCMA.No SINKEXs would be conducted in HAPCs. • May affect ESA-listed species. • No effect to designated critical habitat. FISH 3.6-55 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 301 of 363 AGENDA ITEM #B.1. GULF OF ALASKA NAVY TRAINING ACTIVITIES EIS/OEIS FINAL(MARCH 2011) This page intentionally left blank FISH 3.6-56 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 302 of 363 AGENDA ITEM #B.1. CORRECTED COPY 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Borough Clerk 4 Introduced on: 05/21/2015 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2015-22 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 OPPOSING NAVY TRAINING EXERCISES IN THE GULF OF ALASKA IN 11 JUNE 2015 12 13 WHEREAS, the Kodiak Island Borough is the governing body with the full power and 14 authority as recognized by the citizens of Kodiak, to act for its members, and has responsibility 15 to provide government for the good health and welfare of its citizens; and 16 17 WHEREAS, these trainings will pollute the waters of the Gulf of Alaska by annually releasing 18 approximately 352,000 pounds of expended materials including 10,000 pounds of hazardous 19 materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, 20 chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead 21 chromate, ammonium perchlorate, fulminate of mercury, and lead oxide into waters 22 designated by NOAA as Essential Fish Habitat for a multitude of species that support the 23 economic development in Alaskan coastal communities and harvest of wild Alaskan salmon 24 for global markets; and 25 26 WHEREAS, the training area and vicinity is a highly productive region for many marine fish 27 and shellfish populations and supports some of the most productive fisheries in the United 28 States. It is also an important spawning area for many fishes, and the training is scheduled to 29 take place during the summer season when many fish populations are migrating and 30 spawning. At least 383 species belonging to 84 families of marine and anadromous fishes 31 have been reported from the predominant ecosystems found in the training area; and 32 33 WHEREAS, the port of Q(:H'deva Kodiak, is often ranked in the top 13 3 U.S. ports for 34 quantity of seafood landed and dollar value of seafood harvests (Fisheries of the U.S., NOAA), 35 illustrating coastal Alaska's reliance on the fish and wildlife resources in the Gulf of Alaska for 36 their subsistence harvest and the livelihoods supported by commercial fishing; and 37 38 WHEREAS, the Kodiak Island Borough supports all cultural, traditional and subsistence 39 activities historically and continually practiced by Native and non-Native peoples in the Gulf of 40 Alaska; and 41 42 WHEREAS, the Kodiak Island Borough finds no scientific information or traditional 43 knowledge demonstrating that the training activities can take place without negatively affecting 44 salmon, whale, bird and other marine habitats. 45 Kodiak Island Borough, Alaska Resolution No. FY2015-22 Page 1 of 2 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 303 of 363 AGENDA ITEM #B.1. 46 NOW, THEREFORE BE IT RESOLVED that the Assembly of the Kodiak Island Borough, 47 Alaska does hereby request that the Navy refrain from using live ordnance or sonar in any 48 Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine 49 Protected Areas and Habitat Areas of Particular Concern; and, the Kodiak Island Borough 50 requests the Navy move these trainings 200 nautical miles from Alaskan shoreline. 51 52 BE IT FURTHER RESOLVED that the Assembly of the Kodiak Island Borough, Alaska 53 recommends that the Navy training exercises be moved to a later date, after the middle of 54 September 2015, so as not to impact migrating salmon and be relocated in the far southeast 55 corner of the designated training area. 56 57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 THIS DAY OF 2015 59 60 KODIAK ISLAND BOROUGH 61 62 63 64 Jerrol Friend, Borough Mayor 65 66 ATTEST: 67 68 69 70 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2015-22 Page 2 of 2 Resolution No. FY2015-22 Opposing Navy Training Exercises in... Page 304 of 363 AGENDA ITEM #C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iffmi� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commending on the First Day of July 2015 and Ending on the Thirtieth Day of June 2016 (Fiscal Year 2016 Budget). ORIGINATOR: Karl Short FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance budgets for FY2016 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. This ordinance also adds multi-year projects to the capital project funds. This ordinance sets FY2016 mill rates and sets the tax rates for commercial aircraft. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 305 of 363 AGENDA ITEM #C.1. 1 Introduced by: Borough Manager Requested by: KIB Assembly 2 Drafted by: Finance Director 3 Introduced: 5/21/2015 4 Public Hearing: Adopted: 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2016-01 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 11 BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND 12 PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH 13 FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND 14 BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST 15 DAY OF JULY 2016 AND ENDING ON THE THIRTIETH DAY OF JUNE 16 2016(FISCAL YEAR 2016 BUDGET) 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 19 BOROUGH THAT: 20 21 Section 1: This ordinance is not of general application and shall not be codified. 22 23 Section 2: The following sums of money, or as much thereof as may be authorized by 24 law, as may be needed or deemed necessary to defray all expenses and 25 liabilities of the Kodiak Island Borough, be and the same, is hereby 26 appropriated for municipal purposes and objects of the Kodiak Island 27 Borough and other taxing entities hereinafter specified for the fiscal year 28 commencing on the first day of July 2015 and ending on the thirtieth day of 29 June 2016. 30 31 Section 3: Adoption of this ordinance recognizes that funds are appropriated at 32 department and/or project level. Compositions of these figures are as 33 delineated in the full detail budget document. The full document is available 34 to all elected and appointed officials for their use.Copies may be reviewed by 35 interested citizens at the Borough Building during normal working hours and 36 also at the A. Holmes Johnson, Chiniak, and village public libraries during 37 their normal operating hours. 38 39 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby 40 levied for the value as of January 1, 2015, to be used for the purposes as 41 specified in the Budget for the Fiscal Year 2016 of the Kodiak Island Borough 42 commencing on the first day of July 2015 and ending on the thirtieth day of 43 June 2016 to defray expenses and liabilities of said entity as enumerated in 44 the applicable budgets. 45 46 The millage rates by taxing entity are as follows: 47 A. Kodiak Island Borough General Fund 10 mills 48 B. Education Support.Fund 8.25 mills 49 C.Womens Bay Road Service Area 2.50 mills 50 D.Womens Bay Fire Dept. 1.25 mills 51 E. Bay View Road Service Area 1.50 mills Kodiak Island Borough,Alaska Ordinance No. FY2016-01 Page 1 of 2 Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 306 of 363 AGENDA ITEM #C.1. 52 F. Fire Protection Area No. 1 1.50 mills 53 G. Monashka Bay Road Service Area 2.50 mills 54 H. Service Area No. 1 Roads 1.50 mills 55 I. Woodland Acres Street Light Area 0.25 mills 56 J. Service Area No.2 0.00 mills 57 K. KIB Airport.Fire Area 1.25 mills 58 L.Trinity Islands Street Light Service Area .50 mills 59 M. Mission Lake Tide Gate Service Area 1.00 mills 60 N. Debt Service 1.90 mills 61 O. Renewal and Replacement Fund .50 mills 62 63 Section 6: Commercial Aircraft that have been issued an N number by the Federal 64 Aviation Administration and are less than 12,500 pounds takeoff weight are 65 taxed using the following table: 66 FIXED WING ROTORCRAFT Gross Lbs Annual Tax Gross Lbs Annual Tax Non Flyable $50 0-1,000 $100 0-2,000 $400 1,001-2,000 $200 2,001-3,000 $800 2,001-3,000 $400 3,001-4,000 $1,000 3,001-4,000 $600 4,001-7,000 $1,400 4,001-5,000 $800 7,001-12,500 $1,600 5,001-6,000 $1,000 6,001-7,000 $1,200 7,001-8,000 $1,300 9,001-10,000 $1,400 10,001-12,500 $1,500 67 68 Section 6: The tax rate on boats is$1 per foot. Boats that are equal to or less than 20 69 feet long are exempt. 70 71 Section 7: Kodiak Island Borough Staff is hereby authorized and directed to effect the 72 necessary line item changes within the limits established above by fund, 73 project, and department to properly monitor, account, and reportt on the 74 expenditure of these funds. 75 76 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 77 THIS DAY OF JUNE 2016 78 79 KODIAK ISLAND BOROUGH 80 81 82 83 ATTEST: Jerrol Friend, Borough Mayor 84 85 86 87 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2016-01 Page 2 of 2 Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 307 of 363 AGENDA ITEM #C.1. A. General Fund(100) Revenues Percentage Taxes Real Property 1.58% 108,000 Personal Property 0.18% 12,000 Non ad valorem taxes 0.73% 50,000 Payment in lieu of taxes 19.53% 1,334,000 Severance Taxes 27.09% 1,850,000 Penalties&Interest on Tax 2.56% 175,000 Licenses&Permits 0.97% 66,000 Federal Shared Revenue 2.23% 152,400 State Shared Revenue 36.54% 2,495,277 Investments Earnings 0.44% 30,000 Other 0.23% 15,500 Sale of Fixed Assets 0.07% 5,000 Use of Fund Balance 7.86% 536,481 Total General Fund Revenues 100.00% $ 6,829,658 Expenditures FTE Legislative 4 2.86% 195,554 Personnel Services 31,200 Fringe Benefits 5,474 Lobbyist 75,000 Support Services 83,880 Borough Management 5 12.44% 849,710 Personnel Services 472,923 Fringe Benefits 333,994 Contracted Services 1,200 Support Services 68,593 Allocated (27,000) Borough Clerk 3 8.35% 570,376 Personnel Services 260,063 Fringe Benefits 151,129 Support Services 159,184 Capital Outlay 0 Legal Services 0 2.69% 184,000 Legal Fees 160,000 1 Ordinance No.FY2016-01 Backup Info Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 308 of 363 AGENDA ITEM #C.1. Support Services 24,000 Finance/Accounting 7 15.06% 1,028,867 Personnel Services 542,155 Fringe Benefits 368,912 Contracted Services 10,000 Support Services 126,800 Allocated to Projects (19,000) Finance/MIS 4 15.23% 1,040,054 Personnel Services 383,062 Fringe Benefits 219,492 Contracted Services 25,000 Support Services 376,500 Capital Outlay 62,000 Allocated (26,000) Assessing 5 10.34% 706,463 Personnel Services 393,726 Fringe Benefits 246,007 Contracted Services 1,500 Support Services 68,230 Allocated to other funds (3,000) Engineering/Facilities 2 2.40% 163,573 Personnel Services 68,972 Fringe Benefits 41,501 Professional Services 1,000 Support Services 52,100 Community Development 5 10.47% 715,262 Personnel Services 359,743 Fringe Benefits 227,719 Professional Services 30,000 Support Services 98,300 Allocated to Projects (500) Building Inspectors 0 2.29% 156,484 Contracted Services 145,000 Support Goods and Services 11,484 2 Ordinance No.FY2016-01 Backup Info Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 309 of 363 AGENDA ITEM #C.1. Economic Development 1 1.12% 76,600 Personnel Services 35,000 Fringe Benefits - Professional Services 15,000 Contributions 0 Support Goods&Services 26,600 General Administration 0 3.25% 222,100 Personnel Services 500 Audit Expense 120,000 Contracted Services - Support Services 101,600 Parks and Recreation 0 2.24% 153,000 Personnel Services 23,000 Contracted Services 100,000 Support Services 30,000 Emergency Preparedness 0 0.69% 47,000 Personnel Services 15,500 Contracted Services 10,000 Support Goods and Services 21,500 Animal Control 1.60% 109,415 Contracted Services 109,415 Education,Culture&Recreation 0 0.30% 20,200 Contributions 20,200 College and Libraries 0 2.86% 195,000 Contributions 195,000 Non Profit Funding 5.71% 390,000 Contributions 390,000 Transfers Out 0 0.09% 6,000 Transfers 10,000 Total General Fund Expenditures $ 6,829,658 3 Ordinance No.FY2016-01 Backup Info Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 310 of 363 AGENDA ITEM #C.1. B. Special Revenue Funds (Revenues and Expenditures) 1 Education Support Fund(201) 10,320,000 2 Land Sales(210) 211,222 3 Buildings&Grounds Fund(220) per KS 672,557 4 Local Emergency Planning Committee(234) 12,000 5 Women's Bay Road Service Area(240) 208,500 6 Service Area No. 1 (242) 477,000 7 Service Area No.2(243) 100 8 Monashka Bay Road Services Area(244) 60,000 9 Bay View Road Service Area(246) 15,257 10 Fire Protection Area No.1 (254) 776,005 11 Women's Bay Fire Department(252) 221,000 12 KIB Airport Fire Area(254) 14,300 13 Woodland Acres Street Light Area(260) 11,850 14 Trinity Acres Lighting Dist.(261) 5,750 15 Mission Lake Tide Gate(262) 5,400 17 Facilities Fund(276) 700,000 18 Tourism Development(277) 98,000 19 Fern Fuller Trust(290) 66,500 20 Special Projects(295) 0 Total Special Revenue Funds $ 13,875,441 4 Ordinance No.FY2016-01 Backup Info Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 311 of 363 AGENDA ITEM #C.1. C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service(300) 6,960,506 Total Debt Service Funds $ 6,960,506 D. Capital Project Funds (Revenues and Expenditures) Only new projects or additions to current projects are included 1 Capital Project-Borough,Various(410) 0 2 Capital Project-School Bonds(420) 0 3 Capital Projects-State Grants(430) 0 4 Capital Project-from 2010 on(450) 0 5 Kodiak High School Renovation and Addition(460) 0 6 Repair and Replacement Projects(469) 0 7 Capital Projects-Landfill(490) 0 8 Capital Projects-Hospital(495) 0 Total Capital Projects Funds $ - 5 Ordinance No.FY2016-01 Backup Info Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 312 of 363 AGENDA ITEM #C.1. E. Enterprise Funds 1 Solid Waste Disposal Fund(530) 2,071,038 2 Hospital Enterprise Fund(540) 1,789,744 3 Kodiak Fisheries Research Center(555) 40,000 4 911 Service(560) 40,000 Total Enterprise Funds $ 3,940,782 Total all Funds $ 31,606,387 6 Ordinance No.FY2016-01 Backup Info Ordinance No. FY2016-01 Levying Taxes on All Taxable Real an... Page 313 of 363 AGENDA ITEM #D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Authorization for a letter to the North Pacific Fisheries Management Council Requesting an Emergency Rule. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: At the Kodiak Fisheries Work Group meeting of May 6, 2015, the work group recommended that Ms. Julie Bonney and Fishery Analyst Heather McCarthy draft two letters to present to the City Council and Borough Assembly. These letters are: • Observer Advisory Committee for Monitoring Improvement • North Pacific Fisheries Management Council Requesting an Emergency Rule On Monday, May 11, it was noted that the attached letter is the only letter that is being requested by the Industry. Assembly member Skinner submitted a revised version of the letter which is attached to this packet. There are two versions of the letters in this packet, Ms. Julie Bonney's letter and Assembly member Skinner's letter. The Assembly may further revise any of these letters as they see appropriate. RECOMMENDED MOTION: Move to grant authorization for the Mayor to sign the letter to the North Pacific Fisheries Management Council requesting an emergency rule. Kodiak Island Borough Authorization for a letter to the North Pacific Fisheries Ma... Page 314 of 363 AGENDA ITEM #D.1. Kodiak Island Borough JAI Office of the Borough Mayor 710 Mill Bay Road Kodiak,AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email.• jerrolfriend @kibasseinbly.org website:www.kodiakczk.us May 26,2015 JAJLIF p30NNq°,Y S, Vq°,N.S,10 Chairman Dan Hull North Pacific Fishery Management Council 605 West 41h,Suite 306 Anchorage,AK 99501-2252 RE:Chinook salmon PSC closure for the GOA CV non-pollock non-rockfish trawl sector Dear Mr.Hull, The GOA non-pollock non-rockfish CV sector fisheries closed on May 3 due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap on these fisheries. According to the EA/RIR/IRFA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this limit,"the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 mt of harvest,$28.5 million in first wholesale revenue"' The only community to be affected by the present closure is the community of Kodiak, since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the Gulf of Alaska.The economic loss of the closure will be substantial and will directly impact the community of Kodiak.In considering the effect of the loss to Kodiak, it should be noted that the only shoreside impact in the analysis estimate is the harvester's and processor's loss.The economic base of Kodiak is largely dependent on fishery support industries,including local water,sewer,and electric utilities,ftiel suppliers, shippers,vessel maintenance facilities,and harbor facilities to name a few. The losses to the community are greatly underestimated by the analysis because it fails to consider the dependence of these support industries on these trawl fisheries.Even assuming a small multiplier,it is clear that the community will suffer greatly from the losses associated with suspending the fleet's fishing. While dollar estimates of losses would give some idea of the magnitude of the immediate losses that will be suffered by the closure,they cannot begin to capture the true effect of the closure on the community.The near year-round operation of the trawl fleet fills critical gaps in economic activity that arise because of the seasonality of other fisheries, such as the salmon,fixed gear groundfish and herring fisheries.The activity generated by the trawl fleet allows the community to maintain many year round residents that might Authorization for a letter to the North Pacific Fisheries Ma... Page 315 of 363 AGENDA ITEM #D.1. North Pacific Fishery Management Council May 22,2015 Page 2 otherwise occupy a transient workforce.Maintaining this segment of the population is important to the social fabric of the community.Clearly,the losses to Kodiak from the closure will be substantial and irrevocable. The social repercussions of these types of losses are extremely detrimental to a community and its residents. We respectively request that National Oceans and Atmospheric Administration(NOAA) work with the Secretary of Commerce to promulgate emergency regulations that would make additional Chinook salmon available to the non-pollock non-rockfish GOA catcher vessel fisheries so that these fisheries can be open for the remainder of 2015.The proposed action to allocate additional Chinook salmon to the fishery is a reasonable response to a circumstance where inaction will result in substantial and irrevocable harm to these fisheries and the community of Kodiak.In considering this action,the Council should consider that the scientific data has improved since the Council's action establishing the cap.The primary motivation for the Council's action was speculation that the Chinook salmon taken in the trawl fisheries were wild salmon from Alaskan stocks of concern.Recent salmon genetic data suggest that 97%of the fish caught as bycatch in the trawl fisheries are from Southeast,British Columbia,and the Pacific Northwest where the stocks consist mostly of hatchery fish and that wild Alaskan stocks are virtually unaffected by this bycatch. We also ask that the Council immediately task its staff with the development of a discussion paper to examine this issue.The paper should first explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks)is a reasonable basis for the limit.The paper should also examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery,dependent industries,and the Kodiak community. Finally,we ask that the Council expedite the development of the GOA trawl bycatch management program that is presently scheduled for the Council's October meeting.That action is critical to allowing fishery participants to achieve the Council's bycatch management objectives while maintaining balanced and sustainable fisheries and healthy harvesting and processing sectors.We encourage timely Council progress in advancing a cooperative management program to provide tools for the fleet to address bycatch restrictions. Sincerely, OFFICE OF THE MAYOR Jerrol Friend 'http://www.fegulations.�,ov/##!doCLi mentDetail;D—NOAA-NMFS-2013-0077-00l l page 25 Authorization for a letter to the North Pacific Fisheries Ma... Page 316 of 363 AGENDA ITEM #D.1. � * � Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak,AK 99615 LjWf �� Phone (907) 486-9310 Fax (907) 486-9391 Email: jerrolfriend @kibasseinbly.org website:www.kodiakczk.us May 26,2015 Chairman Dan Hull NH3F,CC/L ":`J<1NNFN VF,N"`u10]" North Pacific Fishery Management Council 605 West 4`h,Suite 306 Anchorage,Alaska 99501-2252 Re: Emergency Rule Request for additional Chinook in GOA CV non Pollock non-rockfish trawl fishery Dear Chairman Hull: The Kodiak Island Borough respectfully requests that the Council take emergency action directing National Oceanic and Atmospheric Administration(NOAA)to work with the Secretary of Commerce to promulgate emergency regulations making additional Chinook salmon available to the non-pollock non-rockfish GOA catcher vessel fisheries for the remainder of 2015. An emergency action is appropriate in this instance because inaction will result in substantial economic harm to Kodiak,our resident trawl operations,onshore processors and dependent businesses and recent genetic data suggest that 97%of the Chinook taken in the Central GOA trawl fisheries are hatchery fish from Washington,BC and SE Alaska. We ask that the Council weigh the significant harm to Kodiak against these indications that wild Alaskan stocks will be virtually unaffected by this hatchery Chinook bycatch. The GOA non-pollock non-rockfish CV sector fisheries closed on May 3,2015,due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap in these fisheries. According the EA/RIR/IFRA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this decision, "the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 metric tons of harvest,$28.5 million in first wholesale revenue." Authorization for a letter to the North Pacific Fisheries Ma... Page 317 of 363 AGENDA ITEM #D.1. North Pacific Fishery Management Council May 22,2015 Page 2 The only community affected by the present closure is the community of Kodiak,since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the Gulf of Alaska. The economic loss of the closure will be substantial to Kodiak,and it should be noted that the only Shoreside impact addressed in the analysis is the harvester's and processor's loss. The Council did not consider losses in industries that support the trawl fishery,including local water,sewer and electric utilities,fuel suppliers,shippers,vessel maintenance facilities and harbor facilities,just to name a few. Even assuming a very small economic multiplier effect it is clear that the Kodiak community will suffer greatly from the losses associated with suspending the fleet's fishing. Dollar estimates of losses give some idea of the immediate losses facing onshore processing plants,but do not begin to capture the true effects of the closure on the community. The near year-round nature of the trawl fleet allows the processing plants to operate throughout the year and allows the community to maintain a resident processing workforce that would not otherwise be possible given the seasonality of other fisheries,such as salmon,fixed gear groundfish and herring fisheries. Without trawl fisheries to maintain an ongoing flow of work through the plants the processing workforce will become transient in nature,impacting overall population,real estate tax,student population and ultimately have indelible impact on the social fabric of the community. Clearly,the losses to Kodiak from the closure will be substantial and irrevocable, with detrimental social repercussions to the community and its residents. The Council should consider that scientific data has improved since the Council's action establishing the GOA Chinook cap. The primary motivation for the Council's action was speculation that the Chinook salmon taken in the trawl fisheries were wild salmon form Alaskan stocks of concern. Recent salmon genetic data suggest that 97%of the fish caught as bycatch in the trawl fisheries are from Southeast,British Columbia,and the Pacific Northwest where the stocks consist mostly of hatchery fish and that wild Alaskan stocks are virtually unaffected by this bycatch. We also ask that the Council immediately task its staff with the development of a discussion paper to examine this issue. The paper should explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks)is furthered by a Chinook hardcap in a fishery where the vast maj ority of Chinook taken appear to be hatchery Chinook. If hatchery Chinook from outside of Alaska are treated on par with Alaskan wild stock Chinook then the paper should examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery, dependent industries,and the Kodiak community as a whole. The paper should further analyze allocating Chinook PSC separately for the Western GOA from the Central GOA in light of the different fishing patterns of each area. Authorization for a letter to the North Pacific Fisheries Ma... Page 318 of 363 AGENDA ITEM #D.1. North Pacific Fishery Management Council May 22,2015 Page 3 Kodiak is a fishing community,and many of our residents rely on subsistence fish and game resources. We understand the importance of Chinook,particularly for subsistence users in times of low abundance such as we are in today,and the need for the trawl fishery to make meaningful progress with bycatch management. However,given that recent genetic studies indicate most of the Chinook taken in the central GOA are neither wild nor Alaskan we feel that the harm to Kodiak far outweighs the benefit of protecting what are essential hatchery Chinook,and ask for emergency action providing additional Chinook for the 2015 non-pollock non-rockfish GOA trawl fishery. Sincerely, OFFICE OF THE MAYOR Jerrol Friend Cc: Commissioner Sam Cotten Senator Lisa Murkowski Senator Dan Sullivan Representative Don Young Governor Bill Walker Lt.Governor Byron Mallott Senator Gary Stevens Representative Louise Stutes Authorization for a letter to the North Pacific Fisheries Ma... Page 319 of 363 AGENDA ITEM #D.1. Back ground of the KFWG meeting and the draft letter under consideration by the Kodiak Island Borough The Trawl industry informed the Kodiak Fishery Work Group(KFWG)at their May 6'' meeting of the recent non-pollock non-rockfish catcher vessel sector closure on May 3ra that shut down the flatfish and cod fishery for the Gulf of Alaska catcher vessel trawl sector for the remainder of the year. Julie Bonney gave a status report to the work group about the closure and potential options to mitigate the economic impacts to the industry and the community,both short term and long term.During her presentation she noted that the trawl industry hadn't met yet to develop a position about what the"ask"should be to the community governments.She also noted that the Agency was still waiting for some recent observer data to enter the system so the final Chinook salmon numbers were not yet available to understand what the Chinook salmon bycatch was in comparison to the 2,700 fish cap for the sector. Items that were discussed at the work group meeting included concerns about how the bycatch data is generated to manage the fishery—basket samples versus census trip counts,temporal observer deployments within the ODDS system and observer deployment issues for vessels that deliver to tenders.To restart the fishery,Julie suggested that the governments could potentially ask the Council/NOAA for an emergency rile to make additional Chinook salmon available to the CV non-pollock non- rockfish cap to support additional fishing opportunity in 2015. The KFWG requested that Heather draft letters to help in both these efforts. To be clear,the proposed letter that is being considered at the KIB work session was not presented to the KFWG,so does not come with a recommendation,but the KFWG did have a discussion about two of the three basic points in the letter.Those two were 1) transferring,or rolling over,available Chinook salmon bycatch into the closed fishery so it could be prosecuted,and 2)the importance of moving forward with the"tools"package at the Council to help avoid such problems in the future. The letter also suggests that the Council should undertake a discussion paper,essentially starting a new process to take a look at the size of the chinook bycatch cap because of the preponderance of hatchery chinook in the bycatch,according to the genetic reports.The FWG did not discuss this issue. On the first point,rolling over salmon at the FWG meeting,Julie talked about rolling over salmon from the rockfish fishery as well as asking for emergency action to allow rollover of Chinook salmon from potentially the pollock cap.This letter is more general, so leaves it open as to where the added salmon bycatch allowance might come from.It should be noted that Amendment 97 allows Chinook salmon savings to be rolled from the rockfish program(RP)to the CV non-pollock non-rockfish fisheries on October 1.This is not an"ask"to the Council since it is already authorized. Presently,the likelihood that the industry can save the fall trawl non-pollock non-rockfish fishery with RP Chinook salmon savings is highly unlikely due to the present overage of 150—200 Chinook in the CV non-pollock non-rockfish sector,the requirement for 150 Chinook to remain Authorization for a letter to the North Pacific Fisheries Ma... Page 320 of 363 AGENDA ITEM #D.1. available to the RP until Nov 15 when the RP fishery closes and the needed Chinook salmon to support fishing within the RP fisheries from May 1 to Oct 1 (600 fish if the industry's bycatch rates is the lowest on record within the RP fishery).The Chinook salmon cap for the RP program is 1,200 fish and between 400 and 500 fish is needed to support fishing by the non-pollock non-rockfish fisheries in October. The total projected usage in comparison to the 1,200 RP cap is 950 fish,not enough rollover(350 fish)to restart the fishery.Thus only way to restart the fishery is to get additional Chinook salmon from a different source. On the second point,the encouragement to the Council to move forward with GTBM,the FWG certainly has discussed this a number of times,and the City and Borough put it into their most recent letter to the Council. According the KIB/City letter sent to the NPFMC on April 1,2014,"We strongly support the Council's initiate to reduce bycatch and encourage timely Council progress in advancing a cooperative management program as a tool in this effort." Authorization for a letter to the North Pacific Fisheries Ma... Page 321 of 363 AGENDA ITEM #D.1. Front. Heather McCarty To: Nova Javier Cc Julie Bonney;Bill Roberts;Chris Lynch;John Whiddon Subject: Re:One letter to NPFMC Date: Monday,May 11,2015 4:30:39 PM ......................................................................................................................................................................................................................................................................................................................................................................... Thanks,Nova. To be clear,the letter was not presented to the KFWG,so does not come with a recommendation,but the FWG did have a discussion about two of the three basic points in the letter.Those two were 1)transferring,or rolling over,available salmon bycatch into the closed fishery so it could be prosecuted,and 2)the importance of moving forward with the"tools" package at the Council to help avoid such problems in the future. On the first point,at the FWG meeting,Julie,you talked about rolling over salmon from the rockfish fishery as well as asking for emergency action to allow rollover from pollock.This letter is more general,so leaves it open as to where the added salmon bycatch allowance might come from. Also,this letter suggests that the Council should undertake a discussion paper,essentially starting a new process to take a look at the size of the chinook bycatch cap because of the preponderance of hatchery chinook in the bycatch,according to the genetic reports.The FWG did not discuss this,so I think the case should be made to the Borough Assembly. On the second point,the encouragement to the Council to move forward with GTBM,the FWG certainly has discussed this a number of times,and the City and Borough put it into their most recent letter to the Council--albeit a ways back! The only sticking point there might be that the letter asks specifically for cooperative management,which is choosing a path.I'm not sure how the Assembly will deal with this.I am happy to help by doing a summary of the previous position,or you could just provide the old letter. Best,Heather On May 11,2015,at 8:40 AM,Nova Javier wrote: Hello, Attached is the formatted letter. I corrected the wording to"be open for the remainder of 2016"as requested. I will remove the Draft Letter to the Observer Advisory Committee for Monitoring Improvement and keep the Draft Letter to the North Pacific Fisheries Management Council Requesting an Emergency Rule on the agenda. Thank you, Nova Ms.Nova M.Javier, MMC Borough Clerk Authorization for a letter to the North Pacific Fisheries Ma... Page 322 of 363 AGENDA ITEM #D.1. 710 Mill Bay Road Kodiak,AK 99615 Office Number (907)486-9310 IIIJIN IC I'll I)I11('I 0"U"I I lfl�,um ail md I('.,Ipow,( to t lfl. uil),ail m C, ulhlu(t to pi ovi.Jowi o t hu Alh.Jk,�',t,�t utu md 111,�Y he 111,0C, w,aHhlhlu to(hu pulhIk upol) I C,(I u('.t <NPFMC Request for Emergency Rule Revised.doc> Authorization for a letter to the North Pacific Fisheries Ma... Page 323 of 363 AGENDA ITEM #D.1. pie sign #l....1 ICI? Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak,AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email.• jerrolfriend @kibasseinbly.org website:www.kodiakczk.us May 26,2015 JAJLIF p30NNq°,Y S, Vq°,N.S,10 Chairman Dan Hull North Pacific Fishery Management Council 605 West 41h,Suite 306 Anchorage,AK 99501-2252 RE:Chinook salmon PSC closure for the GOA CV non-pollock non-rockfish trawl sector Dear Mr.Hull, The GOA non-pollock non-rockfish CV sector fisheries closed on May 3 due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap on these fisheries. According to the EA/RIR/IRFA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this limit,"the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 mt of harvest,$28.5 million in first wholesale revenue"' The only community to be affected by the present closure is the community of Kodiak, since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the Gulf of Alaska.The economic loss of the closure will be substantial and will directly impact the community of Kodiak.In considering the effect of the loss to Kodiak, it should be noted that the only shoreside impact in the analysis estimate is the harvester's and processor's loss.The economic base of Kodiak is largely dependent on fishery support industries,including local water,sewer,and electric utilities,ftiel suppliers, shippers,vessel maintenance facilities,and harbor facilities to name a few. The losses to the community are greatly underestimated by the analysis because it fails to consider the dependence of these support industries on these trawl fisheries.Even assuming a small multiplier,it is clear that the community will suffer greatly from the losses associated with suspending the fleet's fishing. While dollar estimates of losses would give some idea of the magnitude of the immediate losses that will be suffered by the closure,they cannot begin to capture the true effect of the closure on the community.The near year-round operation of the trawl fleet fills critical gaps in economic activity that arise because of the seasonality of other fisheries, such as the salmon,fixed gear groundfish and herring fisheries.The activity generated by the trawl fleet allows the community to maintain many year round residents that might Authorization for a letter to the North Pacific Fisheries Ma... Page 324 of 363 AGENDA ITEM #D.1. North Pacific Fishery Management Council May 22,2015 Page 2 otherwise occupy a transient workforce.Maintaining this segment of the population is important to the social fabric of the community.Clearly,the losses to Kodiak from the closure will be substantial and irrevocable. The social repercussions of these types of losses are extremely detrimental to a community and its residents. We respectively request that National Oceans and Atmospheric Administration(NOAA) work with the Secretary of Commerce to promulgate emergency regulations that would make additional Chinook salmon available to the non-pollock non-rockfish GOA catcher vessel fisheries so that these fisheries can be open for the remainder of 2015.The proposed action to allocate additional Chinook salmon to the fishery is a reasonable response to a circumstance where inaction will result in substantial and irrevocable harm to these fisheries and the community of Kodiak.In considering this action,the Council should consider that the scientific data has improved since the Council's action establishing the cap.The primary motivation for the Council's action was speculation that the Chinook salmon taken in the trawl fisheries were wild salmon from Alaskan stocks of concern.Recent salmon genetic data suggest that 97%of the fish caught as bycatch in the trawl fisheries are from Southeast,British Columbia,and the Pacific Northwest where the stocks consist mostly of hatchery fish and that wild Alaskan stocks are virtually unaffected by this bycatch. We also ask that the Council immediately task its staff with the development of a discussion paper to examine this issue.The paper should first explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks)is a reasonable basis for the limit.The paper should also examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery,dependent industries,and the Kodiak community. Finally,we ask that the Council expedite the development of the GOA trawl bycatch management program that is presently scheduled for the Council's October meeting.That action is critical to allowing fishery participants to achieve the Council's bycatch management objectives while maintaining balanced and sustainable fisheries and healthy harvesting and processing sectors.We encourage timely Council progress in advancing a cooperative management program to provide tools for the fleet to address bycatch restrictions. Sincerely, OFFICE OF THE MAYOR Jerrol Friend 'http://www.fegulations.�,ov/##!doCLi mentDetail;D—NOAA-NMFS-2013-0077-00l l page 25 Authorization for a letter to the North Pacific Fisheries Ma... Page 325 of 363 AGENDA ITEM #D.1. Vei's:u:0111 2.... A Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak,AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email: jerrolfriend @kibasseinbly.org website:www.kodiakczk.us May 26,2015 Chairman Dan Hull NH3F,CC/L ":`J<1NNFN VF,N"`u10]" North Pacific Fishery Management Council 605 West 4`h,Suite 306 Anchorage,Alaska 99501-2252 Re: Emergency Rule Request for additional Chinook in GOA CV non Pollock non-rockfish trawl fishery Dear Chairman Hull: The Kodiak Island Borough respectfully requests that the Council take emergency action directing National Oceanic and Atmospheric Administration(NOAA)to work with the Secretary of Commerce to promulgate emergency regulations making additional Chinook salmon available to the non-pollock non-rockfish GOA catcher vessel fisheries for the remainder of 2015. An emergency action is appropriate in this instance because inaction will result in substantial economic harm to Kodiak,our resident trawl operations,onshore processors and dependent businesses and recent genetic data suggest that 97%of the Chinook taken in the Central GOA trawl fisheries are hatchery fish from Washington,BC and SE Alaska. We ask that the Council weigh the significant harm to Kodiak against these indications that wild Alaskan stocks will be virtually unaffected by this hatchery Chinook bycatch. The GOA non-pollock non-rockfish CV sector fisheries closed on May 3,2015,due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap in these fisheries. According the EA/RIR/IFRA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this decision, "the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 metric tons of harvest,$28.5 million in first wholesale revenue." Authorization for a letter to the North Pacific Fisheries Ma... Page 326 of 363 AGENDA ITEM #D.1. North Pacific Fishery Management Council May 22,2015 Page 2 The only community affected by the present closure is the community of Kodiak,since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the Gulf of Alaska. The economic loss of the closure will be substantial to Kodiak,and it should be noted that the only Shoreside impact addressed in the analysis is the harvester's and processor's loss. The Council did not consider losses in industries that support the trawl fishery,including local water,sewer and electric utilities,fuel suppliers,shippers,vessel maintenance facilities and harbor facilities,just to name a few. Even assuming a very small economic multiplier effect it is clear that the Kodiak community will suffer greatly from the losses associated with suspending the fleet's fishing. Dollar estimates of losses give some idea of the immediate losses facing onshore processing plants,but do not begin to capture the true effects of the closure on the community. The near year-round nature of the trawl fleet allows the processing plants to operate throughout the year and allows the community to maintain a resident processing workforce that would not otherwise be possible given the seasonality of other fisheries,such as salmon,fixed gear groundfish and herring fisheries. Without trawl fisheries to maintain an ongoing flow of work through the plants the processing workforce will become transient in nature,impacting overall population,real estate tax,student population and ultimately have indelible impact on the social fabric of the community. Clearly,the losses to Kodiak from the closure will be substantial and irrevocable, with detrimental social repercussions to the community and its residents. The Council should consider that scientific data has improved since the Council's action establishing the GOA Chinook cap. The primary motivation for the Council's action was speculation that the Chinook salmon taken in the trawl fisheries were wild salmon form Alaskan stocks of concern. Recent salmon genetic data suggest that 97%of the fish caught as bycatch in the trawl fisheries are from Southeast,British Columbia,and the Pacific Northwest where the stocks consist mostly of hatchery fish and that wild Alaskan stocks are virtually unaffected by this bycatch. We also ask that the Council immediately task its staff with the development of a discussion paper to examine this issue. The paper should explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks)is furthered by a Chinook hardcap in a fishery where the vast maj ority of Chinook taken appear to be hatchery Chinook. If hatchery Chinook from outside of Alaska are treated on par with Alaskan wild stock Chinook then the paper should examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery, dependent industries,and the Kodiak community as a whole. The paper should further analyze allocating Chinook PSC separately for the Western GOA from the Central GOA in light of the different fishing patterns of each area. Authorization for a letter to the North Pacific Fisheries Ma... Page 327 of 363 AGENDA ITEM #D.1. North Pacific Fishery Management Council May 22,2015 Page 3 Kodiak is a fishing community,and many of our residents rely on subsistence fish and game resources. We understand the importance of Chinook,particularly for subsistence users in times of low abundance such as we are in today,and the need for the trawl fishery to make meaningful progress with bycatch management. However,given that recent genetic studies indicate most of the Chinook taken in the central GOA are neither wild nor Alaskan we feel that the harm to Kodiak far outweighs the benefit of protecting what are essential hatchery Chinook,and ask for emergency action providing additional Chinook for the 2015 non-pollock non-rockfish GOA trawl fishery. Sincerely, OFFICE OF THE MAYOR Jerrol Friend Cc: Commissioner Sam Cotten Senator Lisa Murkowski Senator Dan Sullivan Representative Don Young Governor Bill Walker Lt.Governor Byron Mallott Senator Gary Stevens Representative Louise Stutes Authorization for a letter to the North Pacific Fisheries Ma... Page 328 of 363 AGENDA ITEM #D.1. ervS01 u.... May 26,2015 Chairman Dan Hull North Pacific Fishery Management Council 605 West 4th,Suite 306 Anchorage,AK 99501-2252 RE:Chinook salmon PSC closure for the GOA CV non-pollock non-rockfish trawl sectorDear Mr.Hull, The GOA non-pollock non-rockfish CV sector fisheries closed on May 3 due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap on these fisheries.According to the EA/RIR/IRFA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this limit,"the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 metric tons of harvest,$28.5 million in first wholesale revenue"' The only community to be affected by the present closure is the community of Kodiak,since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the Gulf of Alaska.While the extent of the economic loss of the closure is yet to be quantified,it will be substantially greater than projected by Council analysis. The only consideration in the analyst's estimate is the harvester's and processor's loss. The reduction in landings and associated processing labor hours has immediately impacted our community. The economic base of Kodiak is largely dependent on fishery support industries,including local water,sewer,and electric utilities,fuel suppliers,shippers,vessel maintenance facilities,and harbor facilities. These consequences of this action will resonate throughout our community as the economic losses spread throughout the workforce and support industries. The near year-round operation of the trawl fleet fills critical gaps in economic activity that arise because of the seasonality of other fisheries,such as the salmon,fixed gear groundfish and herring fisheries.The activity generated by the trawl fleet allows the community to support the largest residential processing workforce in Alaska.This segment of the population is vital to the social and cultural fabric of our community as multi-generational residential workers are thoroughly integrated in every aspect of life in Kodiak. Clearly,the losses to Kodiak from the closure will be substantial and irrevocable.The social repercussions of these types of losses are extremely detrimental to a community and its residents. We propose two responses to this trawl closure. First,we request that the Council immediately task its staff with the development of a discussion paper to examine this issue.The paper should first explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks) is a reasonable basis for the limit.The paper should also examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery,dependent industries,and the Kodiak community. Second,we ask that the Council move forward with the development of the GOA trawl bycatch management program that is presently scheduled for the Council's October meeting.That action is critical to allowing fishery participants to achieve the Council's bycatch management objectives while maintaining balanced and sustainable fisheries and healthy harvesting and processing sectors. We encourage timely Council progress in advancing a cooperative management program to provide tools for the fleet to address bycatch restrictions. Sincerely, OFFICE OF THE MAYOR Authorization for a letter to the North Pacific Fisheries Ma... Page 329 of 363 AGENDA ITEM #D.1. Back ground of the KFWG meeting and the draft letter under consideration by the Kodiak Island Borough The Trawl industry informed the Kodiak Fishery Work Group(KFWG)at their May 6'' meeting of the recent non-pollock non-rockfish catcher vessel sector closure on May 3ra that shut down the flatfish and cod fishery for the Gulf of Alaska catcher vessel trawl sector for the remainder of the year. Julie Bonney gave a status report to the work group about the closure and potential options to mitigate the economic impacts to the industry and the community,both short term and long term.During her presentation she noted that the trawl industry hadn't met yet to develop a position about what the"ask"should be to the community governments.She also noted that the Agency was still waiting for some recent observer data to enter the system so the final Chinook salmon numbers were not yet available to understand what the Chinook salmon bycatch was in comparison to the 2,700 fish cap for the sector. Items that were discussed at the work group meeting included concerns about how the bycatch data is generated to manage the fishery—basket samples versus census trip counts,temporal observer deployments within the ODDS system and observer deployment issues for vessels that deliver to tenders.To restart the fishery,Julie suggested that the governments could potentially ask the Council/NOAA for an emergency rile to make additional Chinook salmon available to the CV non-pollock non- rockfish cap to support additional fishing opportunity in 2015. The KFWG requested that Heather draft letters to help in both these efforts. To be clear,the proposed letter that is being considered at the KIB work session was not presented to the KFWG,so does not come with a recommendation,but the KFWG did have a discussion about two of the three basic points in the letter.Those two were 1) transferring,or rolling over,available Chinook salmon bycatch into the closed fishery so it could be prosecuted,and 2)the importance of moving forward with the"tools"package at the Council to help avoid such problems in the future. The letter also suggests that the Council should undertake a discussion paper,essentially starting a new process to take a look at the size of the chinook bycatch cap because of the preponderance of hatchery chinook in the bycatch,according to the genetic reports.The FWG did not discuss this issue. On the first point,rolling over salmon at the FWG meeting,Julie talked about rolling over salmon from the rockfish fishery as well as asking for emergency action to allow rollover of Chinook salmon from potentially the pollock cap.This letter is more general, so leaves it open as to where the added salmon bycatch allowance might come from.It should be noted that Amendment 97 allows Chinook salmon savings to be rolled from the rockfish program(RP)to the CV non-pollock non-rockfish fisheries on October 1.This is not an"ask"to the Council since it is already authorized. Presently,the likelihood that the industry can save the fall trawl non-pollock non-rockfish fishery with RP Chinook salmon savings is highly unlikely due to the present overage of 150—200 Chinook in the CV non-pollock non-rockfish sector,the requirement for 150 Chinook to remain Authorization for a letter to the North Pacific Fisheries Ma... Page 330 of 363 AGENDA ITEM #D.1. available to the RP until Nov 15 when the RP fishery closes and the needed Chinook salmon to support fishing within the RP fisheries from May 1 to Oct 1 (600 fish if the industry's bycatch rates is the lowest on record within the RP fishery).The Chinook salmon cap for the RP program is 1,200 fish and between 400 and 500 fish is needed to support fishing by the non-pollock non-rockfish fisheries in October. The total projected usage in comparison to the 1,200 RP cap is 950 fish,not enough rollover(350 fish)to restart the fishery.Thus only way to restart the fishery is to get additional Chinook salmon from a different source. On the second point,the encouragement to the Council to move forward with GTBM,the FWG certainly has discussed this a number of times,and the City and Borough put it into their most recent letter to the Council. According the KIB/City letter sent to the NPFMC on April 1,2014,"We strongly support the Council's initiate to reduce bycatch and encourage timely Council progress in advancing a cooperative management program as a tool in this effort." Authorization for a letter to the North Pacific Fisheries Ma... Page 331 of 363 AGENDA ITEM #D.1. Front. Heather McCarty To: Nova Javier Cc Julie Bonney;Bill Roberts;Chris Lynch;John Whiddon Subject: Re:One letter to NPFMC Date: Monday,May 11,2015 4:30:39 PM ......................................................................................................................................................................................................................................................................................................................................................................... Thanks,Nova. To be clear,the letter was not presented to the KFWG,so does not come with a recommendation,but the FWG did have a discussion about two of the three basic points in the letter.Those two were 1)transferring,or rolling over,available salmon bycatch into the closed fishery so it could be prosecuted,and 2)the importance of moving forward with the"tools" package at the Council to help avoid such problems in the future. On the first point,at the FWG meeting,Julie,you talked about rolling over salmon from the rockfish fishery as well as asking for emergency action to allow rollover from pollock.This letter is more general,so leaves it open as to where the added salmon bycatch allowance might come from. Also,this letter suggests that the Council should undertake a discussion paper,essentially starting a new process to take a look at the size of the chinook bycatch cap because of the preponderance of hatchery chinook in the bycatch,according to the genetic reports.The FWG did not discuss this,so I think the case should be made to the Borough Assembly. On the second point,the encouragement to the Council to move forward with GTBM,the FWG certainly has discussed this a number of times,and the City and Borough put it into their most recent letter to the Council--albeit a ways back! The only sticking point there might be that the letter asks specifically for cooperative management,which is choosing a path.I'm not sure how the Assembly will deal with this.I am happy to help by doing a summary of the previous position,or you could just provide the old letter. Best,Heather On May 11,2015,at 8:40 AM,Nova Javier wrote: Hello, Attached is the formatted letter. I corrected the wording to"be open for the remainder of 2016"as requested. I will remove the Draft Letter to the Observer Advisory Committee for Monitoring Improvement and keep the Draft Letter to the North Pacific Fisheries Management Council Requesting an Emergency Rule on the agenda. Thank you, Nova Ms.Nova M.Javier, MMC Borough Clerk Authorization for a letter to the North Pacific Fisheries Ma... Page 332 of 363 AGENDA ITEM #D.1. 710 Mill Bay Road Kodiak,AK 99615 Office Number (907)486-9310 IIIJIN IC I'll I)I11('I 0"U"I I lfl�,um ail md I('.,Ipow,( to t lfl. uil),ail m C, ulhlu(t to pi ovi.Jowi o t hu Alh.Jk,�',t,�t utu md 111,�Y he 111,0C, w,aHhlhlu to(hu pulhIk upol) I C,(I u('.t <NPFMC Request for Emergency Rule Revised.doc> Authorization for a letter to the North Pacific Fisheries Ma... Page 333 of 363 AGENDA ITEM #D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: Confirmation of Mayoral Appointments to the Joint Building Code Review Committee (Bill Barton and Scott Arndt). ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Mayor and Assembly wish to resurrect the Joint Building Code Review Committee. Since most of the seats have expired on the Committee, it is necessary to appoint new members. The Clerk emailed the Architectural Review Board Members and the following responded by the deadline of Friday, May 8. • Robert"Bill" Barton (see email attached) • Scott Arndt(expressed his interest to the Clerk on April 30, 2015. These seats are appointed by the Mayor and confirmed by the Assembly. The composition of this Committee will be comprised of two representatives from the Borough and an Assembly member(Dan Rohrer)and two City representatives and a City Council member. In the past, there were three appointments from the City plus a Council member. City Clerk Marlar noted that the Council agreed that both the Borough and City should only have two regular representatives on the Committee. Additional historical documents are attached to this packet. Based on the documentation provided, the Borough representatives are appointed from the Architectural Review Board. RECOMMENDED MOTION: Move to confirm the Mayoral appointments of Bill Barton for a seat to expire 2015 and Scott Arndt for a seat to expire 2016 on the Joint Building Code Review Committee. Kodiak Island Borough Confirmation of Mayoral Appointments to the Joint Building C... Page 334 of 363 AGENDA ITEM #D.2. Memorandum To: Mayor&Council Date: January 19,2005 From: Debra Marlar Subject. Appointment to the Joint City Clerk Building Code Review Committee The following building codes adopted by the City are outdated: Uniform Plumbing Code, International Building Code,International Mechanical Code,and International Fire Code. The Building Official would like to identify the City Building Code Review Committee members so he can begin the review process and recommend adoption of the current codes. At the January 11th work session, the Council was asked to clarify how these appointments will be made and to identify the term length. The Council directed staff to inquire howthe Borough makes its appointments to the committee.The Borough Clerkwas consulted and was not able to determine how the Borough appoints its members to the committee. Mike Anderson is presently the Borough Assembly representative on the Borough Architectural Review Board/Building Code Board of Appeals, and it is assumed that he will also be the Assembly member on the Joint Building Code Review Committee. Except for the appointment of Ken Smith upon consensus of the Council at the May 22, 2001, work session, it appears City committee appointments have been made by the Building Official or Clerk at the Council's direction. (See included documentation) At a joint work session in 1996 the City Council and Borough Assembly voiced a consensus that the composition of the Joint Building Code Review Committee would include one City Council member and Borough Assembly member and two members each from, the City Building Code Board of Appeals and the Borough Architectural Review Board Prior to that time,it appears that the committee was comprised of three members �;J 0, ac of the City Building Code Board of Appeals and Borough Architectural Review Board, one e Planning and Zoning Commissioner, one City Council member, and one Borough rAssembly member. If Mr.Smith's appointment to the committee expires at the end of his term on the Building Code Board of Appeals in 2005, a Councilmember and a member of the Building Code Board of Appeals need to be appointed before the Building Official can begin the review process. If Mr. Smith's term was intended for a shorter duration, two members of the Building Code Board of Appeals need to be appointed, in addition to a Council member. We believe that Councilmember Davidson is the current City Council representative. Staff requests direction regarding the City appointments to the committee. Confirmation of Mayoral Appointments to the Joint Building C... Page 335 of 363 AGENDA ITEM #D.2. office of the mayor and Council 710 Mill Bay Road,Room 220,Kodiak,Alaska 99615 January 27,2005 Honorable Jerome Selby,Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Dear Mayor Selby: At the January 22, 2005,City Council planning work session,the City Council discussed the composition of City appointees to the Joint Building Code Review Committee and directed staff to advertise for a licensed plumber, electrician, engineer, and contractor/builder.The Council intends to interview interested applicants for appointment as City representatives to the Committee,along with one City Council representative, It has not yet been determined when the appointments will be made.The City Council has one regular meeting on February 24 and one on March 24 with a return to the regular schedule in April. As best as I can determine,the most recent composition of this Committee was discussed at a joint work session on January 23, 1996. At that time a consensus was voiced to appoint three members from the City Building Code Review Board and three members from the Borough Architect Review Board, along with a Borough Assembly member and a Council member. The building official has indicated that four building codes are presently outdated and need to be reviewed. Sincerely, CITY OF KODIAK OJA-t� gla"� Debra L. Marlar City Clerk cc: Building Official Telephone(907)486-8636 Fax(907)486-8633 c1erk@c1ty.kodiak.ak.us Confirmation of Mayoral Appointments to the Joint Building C... Page 336 of 363 AGENDA ITEM #D.2. MEMORANDUM OF AGREEMENT between the KODIAK ISLAND BOROUGH and the CITY OF KODUK BUILDING INSPECTION PROGRAM On April 15,1988,the Kodiak Island Borough and the City of Kodiak established a single program for the inspection of buildings within the jurisdiction of both governments.In the past there has been one building inspector/official for each local government.This memorandum of agreement(MOA) reestablishes the parameters of the single building inspection program that serves the residents of both jurisdictions,and replaces the original Building Inspection MOA of 1988. Objectives 1. To provide for a single building inspection program for the City of Kodiak and the Kodiak Island Borough. 2. To ensure a consistent application of building regulations in the City of Kodiak and the Kodiak Island Borough. 3. To reduce the total cost of building inspection services in the Kodiak Island Borough and the City of Kodiak. 4. To provide an economical,efficient,and effective building inspection program for residents of i the Kodiak Island Borough and the City of Kodiak. Points of Agreement 1. The Kodiak Island Borough(hereinafter"Borough")hereby contracts with the City of Kodiak (hereinafter"City")for building inspection services.Personnel aspects of the program are the responsibility of the City, and the building official and assistant building official shall be employees of the City. A This service will include the following: (1)a full-time building official; (2)a full-time assistant building official; (3)a halt time administrative assistant; (4)all other necessary and typical functions associated with an operational building inspection program; (5)administration and enforcement of Borough Code Title 15,Buildings and Construction, including issuing permits,checking plans, performing field inspections,maintaining records of each permit,and maintaining statistical records; Memorandum of Agieement—milling Inspection Pmgmm Kodiak Island tlo,ougivoty of Kodiak page I of 4 Confirmation of Mayoral Appointments to the Joint Building C... Page 337 of 363 AGENDA ITEM #D.2. (6)records will be kept on each building permit and will include at a minimum,the following applicable information: building permit applications, approved plans and specifications; the as-built site plan; compaction report on engineered fills; and inspection reports on all inspections performed;and (7)issuance of a certificate of occupancy and/or final inspection report when construction, for which a permit was issued,is completed.The borough assessor shall be provided with a copy of all certificates of occupancy and/or final inspection reports on a monthly basis. B. The Borough will supply the office space for the building inspection program. C. The City will supply the vehicle for the building inspection program. D. The building inspection office will be tied into both the Borough and the City telephone and remote communication systems,and the BoroughAS14M computer for access to property record files.Building inspection program staff will implement the HTE Building Permit soft- ware application once it has been installed and training has been provided by the Borough. E Monthly and annual reports of building permit activities will be submitted on forms agreed to by the Borough and the City. 2. In all cases, the building official will be responsible for ensuring that all structures are in compliance with adopted codes.The Kodiak Island Borough or the City of Kodiak may,on a case-by-case basis,request from the building official approval to use altemative personnel for ensuring that public construction projects meet adopted codes.The building official may deny approval for the use of alternative personnel based on the lack of appropriate qualifications of the personnel.All code compliance inspection reports or similar records generated for public construction projects shall become part of the building file maintained in the building inspection program office. If approvaal is granted by the building official for the use of alternative personnel,a permit fee will bot be charged for the portion of the project inspected by the alternative personnel;however, the'value of any portion of a public construction project inspected by alternative personnel will be included in the project owner's portion of the permit value calculations for building inspection program operations.If building inspection program staff perform code compliance inspections for a public construction project,then the project will be charged the applicable building permit,electrical permit,or plumbing permit fees,and the project,or portion of the project inspected will not be included in the permit value calculations for building inspection program operations. The cost of-the building inspection program will be split between the City and the Borough based on the dollar value of the permits issued inside the City(City responsibility)and outside ' the City(Borough responsibility).Payments by the Borough shall be made promptly upon billings submitted by the City. 3. The Community Development Department will work with the building inspection program office to ensure adherence to this MOA is implemented.This MOA is not intended to replace current day-today communications between staff,which are encouraged to continue.All policy issues, Memorandum of Agreement—Building Inspection Program Kodiak Island ui;Kity or Kodiak Page 2 of 4 Confirmation of Mayoral Appointments to the Joint Building C... Page 338 of 363 AGENDA ITEM #D.2. whether City,Borough,or joint,will be referred to the Borough Mayor and City Manager for joint resolution. A. The MOA for zoning compliance is incorporated, in total, in this MOA and is labeled Appendix A. B.,The MOA for the building fire safety inspection program for the Kodiak road system is incorporated,in total,in this MOA and is labeled Appendix B. 4. The Borough and the City shall review and revise their respective Building Codes and strive to maintain identical regulations that include,but are not limited to,the following: A. IM-Unifottn-Building Codes; B. National Electrical Code; C. Uni#mn Plumbing Code; D. Drivewaypermits; E. Ordinances providing for fire safety review and approval of plans and specifications and the enforcement of state fire statutes and regulations;and F. Building Valuations and Pee Schedules, 5. The Borough shall adopt an ordinance that shall require the identification of lot corners in the field prior to commencement of construction. 6. Insurance A. The City shall provide liability insurance.Upon request the City shall provide the Borough with evidence of the insurance coverage in force at any time. If the Borough should conclude that the insurance coverage obtained by the City is inadequate to protect its interest,the Borough shall give the City written notice of its concerns and shall request that the insurance coverage maintained by the City be broadened or increased in certain u particulars.If the City fails to agree to the Borough's request and obtain the broadened, increased coverage within thirty(30)days after receipt of the request,then the Borough may either obtain such additional insurance coverage as it has requested and deduct the proven cost thereof from any payments otherwise due to the City or terminate this agreement in accordance with Section 9. p G i B. Any liability insurance policy obtained by either the City or the Borough shall contain a waiver of all subrogation claims against the other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection Menwrandum or Agreement—Building lnspedion Program Kodiak Island norougliaty or Kodiak Page 3 of 4 Confirmation of Mayoral Appointments to the Joint Building C... Page 339 of 363 AGENDA ITEM #D.2. program which are associated primarily with implementation of this agreement with respect to property lying outside of the City and the City agrees to indemnify and hold harmless the Borough from any and all uninsured claims or damages arising out of actions or omissions of the staff of the building inspection program which are associated primarily with implementation of this agreement with respect to property tying within the City. 7. The Borough and the City shall separately assume any legal costs associated with building inspection program enforcerylent within their respective jurisdictions. 8. It is the responsibility of the building inspection program staff to initiate Borough and City building and related code updates.All Borough and City code revisions that may affect the building inspection program shall be provided to the building official for review and comment. 9. This agreement maybe terrninated by either party upon ninety(90)days advance written notice to the other party. DATED this 16th day of May,1997. KODIAK ISIAND BOROUGH CITY OF KODIAK I Mq Jerome M.Selby, 135A r William D. on s,City Manager i Atlest: Attest: i o6e QcTc �a h O�Pvd, L,ft� CI,c.,Y- r i Memorandum of Agreement—Building Insrx:ction Pmgmm Kodiak island Bomugloty of Kalink pngc A of M Confirmation of Mayoral Appointments to the Joint Building C... Page 340 of 363 AGENDA ITEM #D.2. ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MOA On March 1,1984,the Kodiak Island Borough(Borough)and the City of Kodiak(City)established a coordinated procedure for the enforcement of zoning regulations within the city limits. This Appendix replaces the original Zoning Compliance MOA of 1984,and provides a procedure for the inspection of zoning requirements through the building inspection program. Objectives 1. To provide zoning compliance inspections in conjunction with building inspections. i 2. To ensure a coordinated and consistent zoning compliance inspection program. 3. To provide a specific and acceptable process that defines the responsibilities of the Kodiak Island Borough and the City of Kodiak for implementing zoning compliance inspections as a function of the building inspection program. Points of Agreement 1. No building permit will be issued without written zoning authorization from the Borough,except as may be otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be on a form provided by the Borough and printed in a format mutually agreed to by the City and the Borough.The format shall include at a minimum the following information: A. property comer markers with identification or other acceptable markers must be in place and available for verification of setback distances;and 1 B. applicant acknowledgment that the information provided on the authorization is correct,and that the applicant agrees to comply with all ordinances and laws regulating zoning com- pliance. 3. The written zoning authorization will be specific in its identification of regulations that require compliance,including any approvals or conditions specified by the Borough Planning and Zoning Commission. d 4. While conducting site inspections as part of the building permit process, it will be the responsibility of the building inspection program staff to note all violations of the written zoning authorization and to inform both the applicant and the Borough Community Development Department of any violations including,but not limited to,the following: a. setback requirements; Appendix&Memorandum or Agreement--Building Inspection 15rcagram Zoning compliance Program Page I nr2 Confirmation of Mayoral Appointments to the Joint Building C... Page 341 of 363 AGENDA ITEM #D.2. b. height restrictions; c. off-street parldng requirements and development standards;and d. permitted uses. S. In cases of confusion or conflict between the appricant and the building inspection program staff over either the written zoning authorization or the imposition of specific zoning regulations,the issue will be brought to the Community Development Department for resolution. 6. In cases when there are violations of both the zoning and building codes,the Community Development Department and building inspection program staffs shall engage in joint enforcement action to the greatest extent possible.This includes,but is not limited to,joint signatures on violation letters and joint site inspections. i i I i i i i i Appendix A,Memorandum or Agrecment—Building Inspection Pmmun Zoning Complinncc Program Page 2 or Confirmation of Mayoral Appointments to the Joint Building C... Page 342 of 363 AGENDA ITEM #D.2. BUILDING FIRE SAFETY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Island Borough and the City of Kodiak wish to establish a coordinated building fire safety inspection program throughout each respective jurisdiction. Objective ii To enforce Stale fire safety laws as established in AS 18.70 and AS 18.72 and all regulations adopted pursuant to these statutes through a local building fire safety program. r Points of Agreement 1 1. ]twill be the responsibility of the City of Kodiak Fire Department to administer and enforce the requirements of the building fire safety program on the contiguous Kodiak road system. 2. inspections requested by the Borough will be scheduled in as timely a manner as possible by the City Fire Department I 3. The Borough shall be financially responsible for the building fire safety inspection program j outside the boundaries of the City. i i i 1 Appendix B.Memorandum ofAgreenrunt—Building hisrLdion Prognn® Building Fire Safety Inspection Program Page:I of 1 Confirmation of Mayoral Appointments to the Joint Building C... Page 343 of 363 AGENDA ITEM #D.2. MEMORANDUM OF AGREEMENT 1 BETWEEN THE CITY OF KODIAK � AND THE i KODIAK ISLAND BOROUGH I i The City of Kodiak and the Kodiak Island Borough wish to provide for code compliance inspections on Borough projects within the City of Kodiak. i it shall be the responsibility of the Kodiak Island Borough to provide j i certification to the City of Kodiak that projects undertaken by the Borough f within the City of Kodiak comply with all National Building Codes adopted by the City in effect at the time the project is undertaken. This certification can be accomplished by a letter from the Kodiak Island Borough to the City Building Official stating that inspections have been com- pleted and that the building complies with all Nations] Building Codes adopted by the City. DATED this 2nd day of August , 1984. CITY OF RO AK, ALASKA i r 'I KODIAK IEMM BOROUGH, ALASKA BO Confirmation of Mayoral Appointments to the Joint Building C... Page 344 of 363 AGENDA ITEM #D.2. DEPARTMENT OF PUBLIC SAFETY DIMON OF FIRE PREVENTION 5700 K Tudor Road Anchorage,Alaska 99507-1275 Audxwity: 13 AAC S0.07S(s) APPLICATION FOR E7EMMON FROM PLAN REVIEW AND DEFERRING FIRE CODE ENFORCEMENTPFM SAFETY VaPE(TIONS Name of Municipality/Skate Component City of Kodiak - Kodiak Island Borough Road System Address PO Box 1397, Kodiak, AK 99615-1397 Lid Codes Stamdm*and Ordinaaoes adopted(include edition year): 1994 UBC, UHC, upC, uRC - 1996 NEC 1994 IIF� i i Names,TiflOM d Tvoe(a)of certifications of the pen ms dmpd with enforcing the above: Leonard Kimball, 0, Certified Plans Examiner, Building Official, Building Inspector, Combination Dwelling I nspector, Plumbing-Inspector, Engineering Technician Douglas Hat hers: Building Inspector. mechanical Inspector, Combination Drre ng aspec or, i'lumblug Inspector Andrew au t: Fire o e nspector 7 I certify that I have examined the foregoing information and find flGhft iacoffect. NAME: William D. Jones (rYPe or print) (Signature) DATE: °�� C ty eager ([itle) SUBSCRIBED AND SWORN to before me this 1L day of 1997 (Sed) j NOTARY PUBLIC 0 and f I e Stets f Alaska My Commission Expires NOTE. Ate: M nicioalitr 1) A copy of the adopting ordinances and an outline of operating procedures. k 2) A carrcat map outlining the boundaries of your jurisdiction. 3) Provide copy(s)of ICBO/fFCI certificates for enforcement personnel. State Corruxbmt 1) Proposed written agreement for exemption and deferment 2) Outline of operating procedures. 3) Map outlining the boundaries of the geographic area under consideration. 4) Number of State Statute that grants Law Enforcement Authority. 5) Copy(s)of ICBO/IFCI Certificates for enforcement personnel. REV 06/93 Confirmation of Mayoral Appointments to the Joint Building C... Page 345 of 363 AGENDA ITEM #D.2. CITY OF KODIAK ORDINANCE NUMBER 1043 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KODIAK AUTHORIZING THE CONDUCT OF FIRE SAFETY INSPECTION AND ENFORCEMENT ACTIVITIES UNDER STATE LAWS, REGULATIONS,AND CODES WHEREAS Alaska Administrative Code section 13 AAC 50.075 allows the State Fire Marshal to defer to local authorities responsibility for enforcement of state fire laws and regulations;and WHEREAS the City of Kodiak has qualified personnel to enforce state fire laws and regulations; and WHEREAS the City of Kodiak desires to obtain a deferral from the State Fire Marshal, NOW,THEREFORE,BE IT ORDAINED by the Council of the City of Kodiak,Alaska,as follows: i Section 1.The City Manager is hereby authorized to apply for a deferral from the State Fire Marshal and to execute a deferral agreement and any other necessary action. Section 2.The City of Kodiak agrees to act under the deferral by the Stale Fire Marshal to undertake enforcement activities pursuant to all applicable State fire laws and regulations. Section 3.The Kodiak City Code is hereby amended by the addition of a new section 14.24.040 to read: 14.24.040 Plan review—fire safety inspection program.As required by the exemption granted by the state fire marshal under the authority of 13 AAC 50.075,the city will provide review and approval of plans and specifications and the enforcement of stale fire statutes and regulations.In addition,the city will conduct a building fire safety program which meets or exceeds the program conducted by the stale division of fire prevention. Section 4.This ordinance shall become effective upon obtaining the deferral from the Stale Fire Marshal,but in no case less than thirty days after final passage. CITY OF KODIAK A�AYOR ATTEST: Gti.GGG�- CITY CLERK First Reading:November 14,1996 Second Reading:April 10, 1997 Effective Date:no earlier than May 10,1997 Confirmation of Mayoral Appointments to the Joint Building C... Page 346 of 363 AGENDA ITEM #D.2. AGREEMENT FOR DEFERRAL OF PLAN REVIEWS AND LIFE SAFETY INSPECTIONS PURSUANT TO 13 AAC 50.027 AND.075 The City of Kodiak,through its undersigned authorized representative,hereby seeks exemption of compliance with 13 AAC 50.027 and for deferral of authority to enforce State ire laws and regulations with the area of the Kodiak Island Borough road system. If granted this deferral,the City of Kodiak hereby agrees to the following: (a) to enforce the State fire laws as established in AS 18.70 and 18.72 and all regulations and codes adopted under the statutes—these laws and regulations set the minimum acceptable standard and variances below the standard will not be granted; (b) to maintain on its enforcement staff at least one person with a current International Conference of Building Officials(ICBO)certificate as a plans examiner and one person with a current International Fire Code Institute certificate as a uniform fire code inspector; (c)that all plan reviews for buildings in the deferred area will be done or supervised by an 1CBO a approved plan examiner; (d) that the City of Kodiak Building Official has the responsibility for providing final plan approval,code interpretations,and modification approvals; (e)to follow the same procedures for approving modifications as outlined in 13 AAC 55.130, and that a permanent written record of all modifications will be maintained; (I)that any construction inspections done by the City will be done or supervised by an ICBO- certified inspector, (g)that the Fire Department immediately implement a building fire safety inspection program that meets or exceeds the program conducted by the State Division of Fire Prevention; (h)to take full responsibility for the monitoring,tracking,and complete correction of all open fire and building code violations that have been identified by the State Fire Marshal'office during previous inspections;and (i)to periodic reviews of all City records of plan reviews,construction inspections,and fire safety inspections``upon reasonable Inotice by the State Fire Marshal's office. Dated this 10*day of 6Pt11 ,1997. CITY OF KODIAK WILLIAM D.JOPO- City Manager Agreement for Deferral of Plan Reviews and Lire Safety inspections Confirmation of Mayoral Appointments to the Joint Building C... Page 347 of 363 AGENDA ITEM #D.2. Establishment of Division of Fire Prevention:A Division of Fire Prevention for the Fire Department of the City of Kodiak is hereby established The Fire t operate will esignate an officer(Fire Marshal) and such number of assistants as required P Division of Fire Prevention. Duties of the Fire Marshal:The officers of the Division of Fire Prevention will enforce all laws and ordinances of the State and City for 1.The prevention of fires; 1 2.The storage and use of explosives and flammables; 3.The installation and maintenance of automaaticsprin1der systems and other fire alarm systems and fire extinguisher equipment; 4.The maintenance and regulation of fire escapes, 5.The means and adequacy of exits in case of fire from factories,schools,hotels, lodging houses,asylums,hospitals,churches,halls,theaters,amphitheaters,and all other places in which numbers of persons work,live,or congregate from time to time for any purpose. 6.The investigation of the cause,origin,and circumstances of foes; 7.Such other regulations of duties as may be directed from time to time by the Fire Chief, Initiation of Fire Investigations:The Fire Marshal or his designee�mhve investigate has cause,origin and circumstances of every fire occurring in the city by property been destroyed or damaged,and as far as possible,will determine whether the fire is the residt of carelessness or design.Investigations by the Fire Marshal will occur if the appropriate responding agency lacks the capabilities or if there is no appropriate agency designated for the area.All investigations will begin immediately upon occurrence or upon notification by the appropriate agency. R�.rnrdS Required:The office of the Division of Fire Prevention will have a record of all fires and of all the facts concerning the same,including statistics as to the extent of such fires and the damage caused,and whether insurance covered such losses,and if so,in what amount julptedm The chief of the fire departm�tfsrhe and lixafesafety codes.Inspections shall structures to insure compliance with p include all electrical,heating,and mechanical appliances built into or used upon the premises.Such inspection may cause the same to be removed or restored to a safe condition when deemed by the fire chief to be dangerous or violating any adopted fire or life safety code.The fire chief will exercise and enforce any other thing necessary for the prevention of fire. (KCC Ord.855 1989) i Confirmation of Mayoral Appointments to the Joint Building C... Page 348 of 363 AGENDA ITEM #D.2. Routine Inspections The Fire Marshal will inspect or cause to be inspected,as often as may be necessary residentially zoned districts,areas zoned for commercial,industrial or other high density uses in the closely built portions of the jurisdictional area:all buildings, premises,and public thoroughfares,except the interiors of private dwellings,for purposes of asserting the causing to be corrected any conditions liable to cause fire or any violation of the provisions or intent of any ordinance or regulations related to fire hazards. Whenever any inspector finds in any building or upon any premises,combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste paper,boxes,shavings,or any highly flammable materials especially liable to fire and which is so situated as to endanger property,or will find obstruction to fire escapes or on,stairs,passageways,doors,or windows liable to interfere with the operations of the fine department or egress of occupants in case of fire,he will order the same to be removed and remedied. AuthoA"enforce:The service ofany such order may be made upon the occupant of premises to whom it is directed,either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises,or in case no such person is found upon the premises,by affixing a copy thereof in conspicuous place on the said premises.Whenever it may be necessary to serve such an order upon the owner of premises,such order may be served either by delivering to and leaving with said person a copy of said order,or,if such owner is absent from the jurisdiction of the officer making the order,by mailing such copy to the owner"s last known post office address. i Inspections of Reau.�t:.The Fire Marshal or his designee upon the complaint of any 1 person or whenever deemed necessary,shall inspect all building and premises within the Jurisdiction.Whenever any of said officers shall find any building or other structure which,for want of repairs,lack of or insufficient fire escapes,automatic or other fire alarm apparatus,fire extinguishing equipment,by reason of age,dilapidated condition,or from any other cause is especially Liable to fire and which is so situated as to endanger the property or the occupants thereof,and whenever such an person shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof,he shall order such dangerous conditions or materials to be removed or remedied and such order shall forthwith be complied with by the owner or occupant of such premises or building.If such order is made by the Fire Marshal or his designee,such owner or occupancy may within 24 hours appeal to the Fire Chief;who shall within fire(5)days review such order and file his decision thereon,and unless by his authority the order is revoked or modified,it shall remain in full force and be complied with within the time fixed in said order or decision of the Fire Chief Entry for Inspections Authorized:The Fire Chief or any member of the Division of Fire Prevention may,at all reasonable hours,enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which,under the provisions of the title,he or they may deem necessary to be made. Confirmation of Mayoral Appointments to the Joint Building C... Page 349 of 363 AGENDA ITEM #D.2. Confirmation of Mayoral Appointments to the Joint Building C... Page 350 of 363 AGENDA ITEM #D.2. „y KODIAK ISLAND BOROUGH /ENGINEERING REVIEW BOARD OARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Arndt(Chair) 2016 414-791- SAME SAME sla3745(cDyahoo.com PO Box 76 3745 FAX Kodiak,AK 99615 481-3333 Bill Barton 2015 486-4870 486-4870 539-6870 mandbbarton(cDatt.net PO Box 8995 Kodiak,AK 99615 Cliff Ford 2015 486-5353 486-7742 539-5342 clifff(cDacsalaska.net 1250 Beaver Way Kodiak,AK 99615 Kelsea Kearns 2017 942-5278 486-3215 942-5278 kkearns(cDgci.net PO Box 759 Kodiak,AK 99615 Steven Neff 2017 486-2033 486-2033 573-247- swneff(cDgmail.com 3240 Lake View Dr. 6064 Kodiak,AK 99615 Rick Ryser 2017 486-5490 942-2747 goldenalaska(cDgmail.com PO Box 8908 Kodiak,AK 99615 VACANT 2016 NON-VOTING EX-OFFICIOS lerrol.friend(cDkibassembly.org Assembly Representative Ifriend(c�alaska.net Jerrol Friend 539-1975 PO Box 175 Kodiak,AK 99615 School Board Representative Norm Wooten 539-1419 nwooten(cDgci.net PO Box 3016 nwooten(cDaasb.org Kodiak,AK 99615 This board is governed by Kodiak Island Borough Code 2.126 and 16.46.010 486-9343 btucker®hodiakak.us GANDEL 486-9211 mcandel(d)kodiakak.us PETERS 486-9210 kpeters(d)kodiakak.us PtPARTMENT Revision Date:4/29/2015 Revised by:AM Confirmation of Mayoral Appointments to the Joint Building C... Page 351 of 363 AGENDA ITEM #D.2. This Committee will be composed of 2 reps from the City plus a Council member and 2 reps from Borough and an Assembly member. , r KODIAK ISLAND BOROUGH I CITY OF KODIAK r gggi, 111111 ��!!"i� �� 1��)�l�l%////�"°;� � �� E REVIEW COMMITTEED NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE CITY BUILDING CODE BOARD OF APPEALS REPRESENTATIVES Scott Arndt 2012 481-3745 414491- sla3745CcDvahoo.com PO Box 76 3745 Kodiak,AK 99615 John Butler 2012 486-4604 486-3706 Ibihsirpotialaska.net PO Box 2610 Kodiak,AK 99615 Ed Mahoney 2012 486-5759 486-5759 builderscliptialaska.net 3944 Spruce Cape Rd. Kodiak,AK 99615 BOROUGH ARCHITECTURAL REVIEW BOARD REPRESENTATIVES Scott Bonney 2014 486-4005 654-7938 stralaska()a amail.com PO Box 5524 Chiniak,AK 99615 Gregg Hacker Resigned 2016 486-4392 481-2288 539-5230 ahacker01Cabkibsd.oro 1310 Baranof St from ARB Kodiak,AK 99615-0967 NON-VOTING EX-OFFICIOS 486-0977 486-4949 539-5836 Assembly Representative dan.rohrer0ftibassemblv.ora Dan Rohrer 2015 PO Box 786 Kodiak,AK 99615 City Council Representative 2012 486-3364 909-238- randvb 24@hotmail.com Rai ndalV i::iu lluopa 0494 402 West Marine Way,Suite 300 Kodiak,AK 99615 This ad hoc committee's mission is to review building, plumbing,fire, and electrical code revisions, etc. and make recommendations to the Borough Assembly and City Council. For building code appeals see KIBC 15.45.010. A SRS/� 488-8072 d�a�oltv.kodiak.ak.us DEgROUGH Revision Date:11/7/2014 Revised by!AM Confirmation of Mayoral Appointments to the Joint Building C... Page 352 of 363 AGENDA ITEM #D.3. RECEIVED To: Kodiak Island Borough ARR 2 9 2015 From: Gregg Hacker,Vice Chair KIB Architectural Review Boar aoouGH r:rRWs orno KOMAK.A Re: Resignation Date: April 29, 2015 After over 20 years as a member please consider this memo my resignation from the Architectural Review Board and Building Code Board of Appeals effective May 1,2015. It has been a privilege to serve on this Board. *Declaring a Seat on the Architectural/Engineering Review Bo... Page 353 of 363 AGENDA ITEM #D.3. o ��110� �'� KODIAK ISLAND BOROUGH /ENGINEERING REVIEW BOARD OARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Arndt(Chair) 2016 414-791- SAME SAME sla3745(LDyahoo.com PO Box 76 3745 FAX Kodiak,AK 99615 481-3333 Bill Barton 2015 486-4870 486-4870 539-6870 mandbbarton(LDatt.net PO Box 8995 Kodiak,AK 99615 Cliff Ford 2015 486-5353 486-7742 539-5342 clifff(LDacsalaska.net 1250 Beaver Way Kodiak,AK 99615 Kelsea Kearns 2017 942-5278 486-3215 942-5278 kkearns(cD_gci.net PO Box 759 Kodiak,AK 99615 Steven Neff 2017 486-2033 486-2033 573-247- swneff(LDgmail.com 3240 Lake View Dr. 6064 Kodiak,AK 99615 Rick Ryser 2017 486-5490 942-2747 goldenalaska(cD_gmail.com PO Box 8908 Kodiak,AK 99615 Ita,AP::r 0t"^iG /N AP" C''Y 2016 486-4392 481-2288 539-5230 ghacker01(LDkibsd.org Gregg Hacker(Vice Chair) 1310 Baranof Street Kodiak,AK 99615 NON-VOTING EX-OFFICIOS lerrol.friend(c_kibassembly.org Assembly Representative net Jerrol Friend 539-1975 PO Box 175 Kodiak,AK 99615 School Board Representative Norm Wooten 539-1419 nwooten(LDgci.net PO Box 3016 nwooten(LDaasb.orq Kodiak,AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 486-8343 btuckerCilkodiakak.us // (iAMUEL 486-8211 mgandelCilkodiakak.us �� 6'ETERB 486-8210 kpeters(cDkodiakak.us - jEPARTMENT Revision Date:5/11/2015 Revised by:AM *Declaring a Seat on the Architectural/Engineering Review Bo... Page 354 of 363 AGENDA ITEM #D.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: *Declaring Seats on the Fire Protection Area No. 1 Board Vacant(Jim Pickett and Kiela Pickett). ORIGINATOR: Angela MacKenzie FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: On April 28, 2015, Mr. Jim Pickett and Mrs. Kiela Pickett submitted their resignations from the Fire Protection Area No. 1 Board for seat terms to expire December 2015 and December 2016. 2.100.070 Vacancies. A. Other than by expiration of the member's term,the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough.The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. RECOMMENDED MOTION: Move to accept, with regret, the resignations of Mr. Jim Pickett and Mrs. Kiela Pickett from the Fire Protection Area No. 1 Board for terms to expire December 2015 and December 2016, and direct the Clerk to advertise the vacancies per Borough Code. Kodiak Island Borough *Declaring Seats on the Fire Protection Area No. 1 Board Vac... Page 355 of 363 AGENDA ITEM #D.4. RECEIVED James & Kiela Pickett AF41 2 8 21M5 SOROUGH CLERK'S U-1- KODIAK.ALASKA P.O.Box 521 Kodiak, Alaska 99615 April 27, 2015 To Whom it may concern, We regret to inform you be Jim and Kiela pickett will be resigning as board member's for the Fire service district number 1, as of April 27, 2015. We wish you the best of luck in your upcoming year. Thank you, Jim and Kiela Pickett a -4, M t! tj k, jo'6' *Declaring Seats on the Fire Protection Area No. 1 Board Vac... Page 356 of 363 AGENDA ITEM #D.4. /1' KODIAK ISLAND BOROUGH N AREA NO. 1 BOARD NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Arndt 2017 481-3745 486-3745 512-2765(Cell) sla3745a-yahoo.com PO Box 76 481-3333 414-791-3745 Kodiak,AK 99615 (Fax) (Alt. Cell) Richard Carstens 2017 486-4282 perfectparentsa-ak.net PO Box 2676 Kodiak,AK 99615 Rebecca Nelson(Chair) 2015 486-2527 487-5808 539-5592 huntressamci.net PO Box 3086 Ext. 1 Rebecca.I.nelsona-uscg.mil Kodiak,AK 99615 VACANT 2016 VACANT 2015 Non-Voting Ex-Officio 486-4536 bhimesa-kodiakak.us Bayside Fire Chief 486-2668 486-3025 654-2668 Robert Himes (Fax) Bayside Fire Hall 4606 Rezanof East Kodiak,AK 99615 This board is governed by Kodiak Island Borough Code 4.80 486-9343 btucker(d)kodiakak.us 486-9343 iclav(dkodiakak.us �SLPARTMENT Revision Date:4/28/2015 Revised by:AM *Declaring Seats on the Fire Protection Area No. 1 Board Vac... Page 357 of 363 AGENDA ITEM #D.5. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,a'iff�i,� MAY 21, 2015 Pew . uti ASSEMBLY REGULAR MEETING TITLE: *Declaring a City Seat on the Planning and Zoning Commission Vacant (Patricia Olsen). ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: On Wednesday, May 6, 2015, the Clerk's Office received a letter of resignation from Ms. Patricia Olsen for a City seat on the Planning and Zoning Commission for a seat term expiring December 31, 2016. KIBC 2.100.070 Vacancies. A. Other than by expiration of the member's term,the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough.The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new memberfor the remaining unexpired term in accordance with KIBC 2.100.030. Applications received for the vacancy will be forwarded to the City Clerk's Office for recommendation to the Assembly by the Kodiak City Council. RECOMMENDED MOTION: Move to declare the City seat on the Planning and Zoning Commission held by Ms. Patricia Olsen for a seat term to expire December 2016 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough *Declaring a City Seat on the Planning and Zoning Commission... Page 358 of 363 AGENDA ITEM #D.5. Sheila Smith From: Patricia Olsen <patricia.olsen @kibplanning.org> Sent: Tuesday,May 05,2015 8:48 PM To: Sheila Smith Subject: Resignation From Planning and Zoning Commission Please accept my letter of resignation effective upon receipt of this emaiLI will be spending the next four months in Anchorage and probably relocating.I have enjoyed working with the Commissioners and staff. Thank you for the opportunity to serve on the Planning and Zoning Commission. Sincerely, Patricia M.Olsen u *Declaring a City Seat on the Planning and Zoning Commission... Page 359 of 363 AGENDA ITEM #D.5. KODIAK ISLAND BOROUGH ONING COMMISSION �IIIIIIIIIIIIIIIIIIIIIIIII�III��//�,��,,,,, NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Arndt(B)Chair 2015 481-3745 414-791- sla3745a-yahoo.com PO Box 76 FAX 3745 Kodiak,AK 99615 481-3333 Jay Baldwin(B)Vice Chair 2016 942-0386 Jay.baldwin0_kibplanning.org 3343 Eider St kodiakiaya-yahoo.com Kodiak,AK 99615 Kathy Drabek(C) 2015 486-4449 654-4905 kathy.drabeka-kibplanning.org 220 Mill Bay Road Kodiak,AK 99615 Patricia Olsen(C) 2016 486-6752 654-4780 654-4780 Patricia.olsena-kibplanning.org PO Box 1014 Kodiak,AK 99615 Maria Painter(B) 2015 942-2560 maria.paintera-kibplanning.org 3901 Woodland Dr. Kodiak,AK 99615 Alan Schmitt(C) 2017 486-5314 alan.schmitta-kibplanning.org 3295 Woody Way Loop Kodiak,AK 99615 Greg Spalinger(B) 2017 486-8366 486-3725 greg.spalingera-kibplanning.org PO Box 2635 Kodiak,AK 99615 B=Borough Seat C=City Seat This commission is governed by Kodiak Island Borough Code 2.106 i - 486-9360 boederson(dkodiakak.us O ` f�,I„1f,61CK 486-9361 ml vd ic krd)kod i akak.us 486-9362 i makerrd)kod i akak.us FIL410RN 486-9364 nhorn(d)kodiakak.us / 486-9363 ssmith(dkodiakak.us rzrMENr Revision Date:4/06/2015 Revised by:AM *Declaring a City Seat on the Planning and Zoning Commission... Page 360 of 363 AGENDA ITEM #A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING RECEIVED Date: April 7,2015 M AY I � 2015 Call to order:7:05 pm BOROUGH CLEWS OFFICE Members Present: George Lee,Dave Heuman, Dave Conrad,Greg EI bAELKA Jessica Horn. Members excused:John Isadore Also present: Brandon Eskew,resident; Kevin Arndt,contractor,and Bob Tucker,KIB Eng.Fac. Public Comments: Brandon Eskew spoke of drainage issues from Gara Drive impacting his property and suggested improving ditching on the S side of Gara or working an easement through his property to divert runoff to S Russian Ck Rd below. Chairman's Comments: 4 open Work Orders outstanding; • Cotton wood Circle Junk • Sgt Creek Ditch erosion @ Picketts' curve • Asphalt Pothole repairs • BF Rd ditching @ Rices' driveway and curve Unfinished Business: Fire De artment • Emergency Shelter concrete footers were placed today. • Truck canopy interior storage pends arrival and installation. Road Service • FEMA: no update. • BEI got contract to install both road crossings for the Lake Orbin creek fish culverts, post award meeting 4.7.l5 New Business Fire Department • New Copier needed;FD and RS will split the cost,up to$2.5k each.Motion moved and 2"d, passed unanimously Womens Bay Service Area Board RM, April 7 and April 21, 2015... Page 361 of 363 AGENDA ITEM #A.1. BOARD ORIGINAL k1l,"IG L)L,A.R.Nd El' TING 17ire, truck brakt,.- perft •me(] by lliercc cerfified: mechanic Iduillic." pn K.�cxfi ak On othlu work., RMWSC, .................................... If No niew Nvork orders to be, to ssuicd unffl icur•elll.OWSt al Id D are cornpleted. New WD'S indude-, * Re gra(fing 110aids M * I'LlffliAg ditches on SgI.Ck ad011.g Cfifical idra inage area I lilt Abanidone(: culvmlat Chiniak/SF� ,t Ck Rfi area 1110 Middle Ray.Rd cross l at Chiniak Ott-intersection FY"016 Rom] 111)isc�,wsskml .......... ........................................................................................................................................................................................................ [earing priorily ,momd seefion 7 re- � hmu c. aw Worke(I through thit,,-diraft con"-,nct!s,,eefion by secUlDrI The.,revispons are to be re-written'by KIB EnIldnecring Facihfies s1,-df',ff'd .1 presaimed to SA B For cow.r;ensus, to be pre-,.;enteld ']t the SpecW Meeting, ApTil 21 at 7 pm, Next Meening May 5, 2015 "7100 1)3 at the WBFD .................C ......... ......... ................. ............................. 7 CHA.M.N.."ASON W FIN E,S S Womens Bay Service Area Board RM, April 7 and April 21, 2015... Page 362 of 363 AGENDA ITEM #A.1. ORIGIN Woml;.,,�'6 BAYSERV ICE, 1 0 ARD ................ .......... CaH to Order by ViCC CNAir 101111 J:s,,.td(.Ae @ 7-102 pin VS Membeirs prcsenV °oa irm . E 'c1e, 14euma�n, Hurn J -icret, Lt� iVilember Cxca.usec'E V��Rws okIGH CL K. Aji-ndt,Contuack)r, also Prcsc![)t, SOIR �6%51wJL 2) Agenda approvaL Unjnirniuu�s 3) FY p6 Cion�lract cliscrussiow Gad Ameinded re.,q),onsic IInnn es b) 21"'n Sanderincremsod to 5 yd cap c) R.eordicr Stiow/Ice,GoMr:A in'to sectuenGal sections (6 &7) d) Reorder Flrtority Sys enis ror,Ordered WO TIC.10 SeC60[1 IS e) Rewiove reqtAreune.nl for as push blade froun section 5,.A. Equnpnmm M.ofioni by (-'onraa to upprove contract�as correctcd, 21"'u 1710C. Voice vote,passed unanimOUS�y Adjiourneid @ 7�52 pm Next regLdar Meeting, May.5.201 S (j'i)'llim .............. /J,�/................ ............... A19,11ER.SON W FIN E S S Womens Bay Service Area Board RM, April 7 and April 21, 2015... Page 363 of 363 • Motions required for 213 vote to carry. 7 present requires 5; 6 resent r uires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. iTiotions required for 2/3 vote to carry. 7 present requires 5; entTeguir= 4; 5 present requires 4; 4 present requires'3 J Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote is majority of the membership (quorum). Point of Order and Recess. • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4;-4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: Convened: Recessed: Reconvened: Adjourned: A— BY: BY: BY: BY: BY: SECOND kC 1 SEC0NDC-AUS-k1rVW-- SECOND: I z SECOND: ISECOND: K Ito A L nt YES OF NO, OF "T I . ......... . . 71-77 L N Austerman Ms. Auster Ms. Austerman Ms. Austerman Ms. Austerman Mr. Griffin = = Mr. Griffin E Mr. Griffin Mr. Griffin Mr. Griffin .LeDoux I Mr. LeDoux Mr. LeDoux Mr. LeDoux i Mr. LeDoux Ms. Lynch Ms. Lynch _ Ms. Lynch Ms. Lynch Ms. Lynch Vf V/ 1 4 4— Mr. Rohrer E Mr. Rohrer Mr. Rohrer i Mr. Roh rer Mr. R ohrer Skinner Ms. Skinner Ms Skinner I i Ms. Skinner Ms. Skinner V/ V Ms. Skinner TE? CHANGE OF VOTIE? CHANG : OF VOTE? C HANGE OF V ET E HANGE OF VOTE? CHANGE OF VOTE? C-HANGE OF VOT TOTAL: -T- TOTAL: TOTAL: TOTAL: TOTAL: -y. T i m—bers o-'-- are rw sen'an e- is a fl -re Wee tie vote n- -hemayo��r--may-o'Evo-eexcemoti..--,,he-�asewn-reon-,,s-x U-e sse -e a-n e. e.1t f -he assemb Mayor Friend i Mayor Friend Mayor Friend i mayor Friend Mayor Friend • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires k,-4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Kodiak Island Borough Assembly Regular Meeting Guidelines May 21, 2015, 7:30 p.m., Borough Assembly Chambers 11::::11 ANNOUNCE: f"Please reaii.,,irnbeir 111:1r,.) tuirn off idingers on your ciell ioiir Il ut tlllielffli oriu 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 Assembly member Frank Peterson Jr. who is absent due to personal leave. 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 April 2 and April 16 2015; and Special Meetings of April 23 and April 30, 2015. • *Declaring a Seat on the Architectural/Engineering Review Board Vacant (Gregg Hacker). • *Declaring Seats on the Fire Protection Area No. 1 Board Vacant (Jim Pickett and Kiela Pickett). • *Declaring a City Seat on the Planning and Zoning Commission Vacant (Patricia Olsen). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 51, APPROVAL OF MINUTES A. *Regular Meeting Minutes of April 2 and April 16 2015; and Special Meetings of April 23 and April 30, 2015. 6. AWARDS AND PRESENTATIONS A. Discover Kodiak Update to the Assembly- Executive Director Chastity McCarthy B. FY2016 Budget Presentation - Finance Director Karl Short Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 1 7, CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Pillease to: ,L sign in 2. state their nairne k:)ir relcoirld 3 tuiriir �xn, the mlicrop'hoinie before splealdim] a. COMMITTEE REPORTS 9. PUBLIC HEARING A. Resolution No. FY2016-01 Establishing the Minimum Tax Levy and the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016. Recommended motion: Move to adopt Resolution No. FY2016-01. Staff Report— Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 2 B. Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That are Over Budget, Accept Grants, and Provide for Additional Expenditures. Recommended motion: Move to adopt Ordinance No. FY2015-01 B. Clerk's Note: A substituted version of Ordinance No. FY2015-01 B is attached on yellow paper. Staff Report—Manager Cassidy Recommended motion: Move to amend Ordinance No. FY2015-01 B by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Continued on next page... Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 3 C. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership and Restaurant Designation Permit for Island Hotels, LLC dba Chart Room #600. Recommended motion: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and Restaurant Designation Permit for Island Hotels, LLC dba Chart Room #600. Clerk's Note: Public hearing notices were mailed to 177 landowners on May 4, 2015. One public hearing response was received and is attached on - - Staff Report—Deputy Clerk Kilborn Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. State of Alaska Alcohol Beverage Control Board Liquor License Transfer of Ownership for Island Hotels, LLC dba Kodiak Harbor Convention Center#3480. Recommended motion: Move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a liquor license transfer of ownership for Island Hotels, LLC dba Kodiak Harbor Convention Center#3480. Clerk's Note: Public hearing notices were mailed to 145 landowners on May 4, 2015. There were no public hearing responses received. Staff Report—Deputy Clerk Kilborn Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 4 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Approval of Amendment B to Contract No. FY2013-14 to Extend the Borough Manager's Contract. The motion before the Assembly is to approve amendment B to Contract No. FY2013-14 extending the Borough Manager's Contract to May 30, 2016. Staff Report—Manager Cassidy Recommended motion: Move to further amend Amendment B to Contract No. FY2013-14 to change the extension date to June 30, 2016 and accept the changes to the contract terms as presented. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. B. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Rea!Property Tax. The motions before the Assembly are to adopt Ordinance No. FY2015-10 and to amend Ordinance No. FY2015-10 by substitution (No.1). Clerk's Note: A second substituted version of Ordinance No. FY2015-10 was presented at the May 14 work session. It is necessary to hold a public hearing on the second version. Staff Report—Manager Cassidy Recommended motion: Move to amend Ordinance No. FY2015-10 by Substitution No. 2 and advance Ordinance No. FY2015-10 to public hearing at the regular Assembly meeting of June 4, 2015. Assembly discussion and further amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 5 C. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. The motion before the Assembly is to adopt Ordinance No. FY2015-11. Staff Report— Manager Cassidy Recommended motion: Move to postpone Ordinance No. FY2015-11 to the regular Assembly meeting of August 20, 2015. Assembly discussion. ROLL CALL VOTE ON MOTION TO POSTPONE. 13. NEW BUSINESS A. Resolutions 1. Resolution No. FY2015-22 Opposing Navy Training Exercises in the Gulf of Alaska in June 2015. Clerk's Note: Attached on buff paper is a corrected copy of Resolution No. FY2015-22. Recommended motion: Move to adopt Resolution No. FY2015-22. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. B. Ordinances for Introduction 1. Ordinance No. FY2016-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commending on the First Day of July 2015 and Ending on the Thirtieth Day of June 2016 (Fiscal Year 2016 Budget). Recommended motion: Move to adopt Ordinance No. FY2016-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Clerk's note: A corrected copy of the backup to Ordinance No. FY2016-01 is attached on V"'" ' (and has been made available to the public. Staff Report—Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 6 C. Other Items 1. Authorization for a Letter to the North Pacific Fishery Management Council Requesting an Emergency Rule (Chinook Salmon). Clerk's Note: Attached on I gold paper is a third version of the letter received by our office on May 21. Copies of all three versions have been made available to the public. Recommended motion: Move to grant authorization for the Mayor to sign the letter (version # . ,,. rrrrrrrrr ) to the North Pacific Fishery Management Council requesting an emergency rule. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of Mayoral Appointments to the Joint Building Code Review Committee (Bill Barton and Scott Arndt). Recommended motion: Move to confirm the Mayoral appointments of Bill Barton for a seat to expire 2015 and Scott Arndt for a seat to expire 2016 on the Joint Building Code Review Committee. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. *Declaring a Seat on the Architectural/Engineering Review Board Vacant (Gregg Hacker). 4. *Declaring Seats on the Fire Protection Area No. 1 Board Vacant (Jim Pickett and Kiela Pickett). 5. *Declaring a City Seat on the Planning and Zoning Commission Vacant (Patricia Olsen). 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Tall Free is 1-855-492-9202. 1121111 a.se ask speakers to: 1. sigur Iiin 22 state flheioi„ uiiaui"inie for tifine irecoiu° l 3. tL1111 aria oin tlp°ie miiiicm°ophorme before spealll,:ing Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 7 15. ASSEMBLY MEMBERS' COMMENTS Announcements—Mayor Friend The Borough Offices will be closed on Monday, May 25 in observance of the Memorial Day holiday. The next Assembly work session will be held on Thursday, May 28 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 4 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 21, 2015 Page 8 Version #,'l Kodiak Island Borough Office of the Borough Mayor a 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 Entail: jerrol friendo�;kibassembly.org website° ti.�w kor�"i�� k,��j May 26,2015 EYRA1:,T .,Vi'�...l lE 1301114P IIf::Y' S 'VF i.SI(3' Chairman Dan Hull North Pacific Fishery Management Counci 605 West 4"',Suite 306 Anchorage,AK 99501-2252 RE:Chinook salmon PSC closure for the GOA CV non-pollock non-rockfish trawl sector Dear Mr. Hull, The GOA non-pollock non-rockfish CV sector fisheries closed on May 3 due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap on these fisheries. According to the EAIRIR/IRFA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this limit,"the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 mt of harvest,$28.5 million in first wholesale revenue"' ' The only community to be affected by the present closure is the community of Kodiak, since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates a May in the Gulfof Alaska.The economic loss of the closure will be substantial an d will directly impact the community of Kodiak. In considering the effect of the loss to Ko r , hould be noted that the only shoreside impact in the analysis estimate is the harvester's and processor's loss.The economic base of Kodiak is largely dependent on fishery support industries, including local water,sewer,and electric utilities, fuel suppliers, shippers,vessel maintenance facilities,and harbor facilities to name a few. The losses to ^" the community are greatly underestimated by the analysis because it fails to consider the dependence of these support industries on these trawl fisheries. Even assuming a small multiplier, it is clear that the community will suffer greatly from the losses associated with suspending the fleet's fishing. While dollar estimates of losses would give some idea of the magnitude of the immediate Iosses that will be suffered by the closure,they cannot begin to capture the true effect of the closure on the community.The near year-round operation of the trawl fleet fills critical gaps in economic activity that arise because of the seasonality of other fisheries, such as the salmon, fixed gear groundfish and herring fisheries The activity generated by the trawl fleet allows the community to maintain many year round residents that might qaWLM North Pacific Fishery Management Council May 22,2015 Page 2 otherwise occupy a transient workforce. Maintaining this segment of the population is important to the social fabric of the community.Clearly,the losses to Kodiak from the closure will be substantial and irrevocable. The social repercussions of these types of losses are extremely detrimental to a community and its residents. We X�rijuest that National Oceans and Atmospheric Administration(NOAA) work with the Secretary of Commerce to promulgate emergency regulations that would make additional Chinook salmon available to the non-pollock non-rockfish GOA catcher vessel fisheries so that these fisheries can be open for the remainder of 2015.The proposed action to allocate additional Chinook salmon to the fishery is a reasonable response to a circumstance where inaction wil ' suit in substantial and irrevocable harm k to these fisheries and the community of Kodiak. considering this action,the Council should consider that the scientific data haESrn6i5ved since the Council's action establishing the cap.The primary motivation for the Council's action was speculation that the Chinook salmon taken in the trawl fisheries were wild salmon from Alaskan stocks of concern. Recent salmon genetic data suggest that 97%of the fish caught as bycatch in the trawl fisheries are from Southeast, British Columbia,and the Pacific Northwest where the stocks consist mostly of hatchery fish and that wild Alaskan stocks are virtually unaffected by this bycatch. We also ask that the Council immediately task its staff with the development of a discussion paper to examine this issue.The paper should first explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks)is a reasonable basis for the limit.The paper should also examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery,dependent industries,and the Kodiak community. Finally,we ask that the Council expedite the development of the GOA trawl bycatch management program that is presently scheduled for the Council's October meeting.That action is critical to allowing fishery participants to achieve the Council's bycatch management objectives while maintaining balanced and sustainable fisheries and healthy harvesting and processing sectors. We encourage timely Council progress in advancing a cooperative management program to provide tools for the fleet to address bycatch restrictions. Sincerely, OFFICE OF THE MAYOR Jerrol Friend I I �11 Jj 1,page 25 S401 � xd O/�� . 'r Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, AK 99615 Phone (90 7) 486-9310 Fax (90 7) 486-9391 Email: jerrolfiriend@kibassembly.org website:nuTnvw.kodicakak,us I May 26,,2015 DRAFT Chairman Dan Hull 1t:E E('.,,A 1I.'51<J11NN1D11 , V E.11S 1ON North Pacific Fishery Management Council 605 West 4h,Suite 306 Anchorage,Alaska 99501-2252 NP Re, Emergency Rule Reguest for additional Chinook in G A CV non-Pollock non-rockfish trawl fishery Dear Chairman Hull: The Kodiak Island Borough respectfully requests that the Council take emergency action directing National Oceanic and Atmospheric Administration(NO AA)to work with the Secretary of Commerce to promulgate emergency regulations making additional Chinook salmon available to the non-Pollock non-rockfish GOA catcher vessel fisheries for the remainder of 2015. An emergency action is appropriate in this instance because inaction will result in substantial economic harm to Kodiak,our resident trawl operations,onshore processors and dependent businesses and recent genetic data Suggest that 97%of the Chinook taken in the Central G A trawl Fisheries are hatchery fish from Washington,BC and SE Alaska. We ask that the Council weigh the significant harm to Kodiak against these indications that wild Alaskan stocks will be virtually unaffected by this hatchery Chinook bycatch. The GOA non-pol lock non-rockfish CV sector fisheries closed on May 3,2015,due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap in these fisheries. According the EA/RlR/lFRA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this decision, "the impact of the earliest closure(mid-April)to the CV sector is estimated to be 22,000 metric tons of harvest,$28.5 million in first wholesale revenue." i North Pacific Fishery Management Council May 22,2015 Page 2 The only community affected by the present closure is the community of Kodiak,since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the Gulf of Alaska. The economic loss of the closure vvil I be substantial to Kodiak,and it should be noted that the only Shoreside impact addressed in the analysis is the harvester's and processor's loss, The Council did not consider losses in industries that support the trawl fishery,including local water,sewer and electric utilities,fuel suppliers,shippers,vessel maintenance facilities and harbor facilities,just to name a few. Even assuming a very small economic multiplier effect it is clear that the Kodiak community will suffer greatly from the losses associated with suspending the fleet's fishing. Dollar estimates of losses give some idea of the immediate losses facing onshore processing plants,but do not begin to capture the true effects of the closure on the community. The near year-round nature of the trawl fleet allows the processing plants to operate throughout the year and allows the community to maintain a resident processing work-force that would not otherwise be possible given the seasonality of other fisheries,such as salmon, fixed gear ground fish and herring fisheries. Without trawl fisheries to maintain an ongoing flow of work through the plants the processing work-force will become transient in nature,impacting overall population,real estate tax,student population and ultimately have indelible impact on the social fabric of the community. Clearly,the losses to Kodiak from the closure will be substantial and irrevocable, with detrimental social repercussions to the community and its residents, The Council should consider that scientific data has improved since the Council's action establishing the GOA Chinook cap. The primary motivation for the Council's action was speculation that the Chinook salmon taken in the trawl fisheries were wild salmon form Alaskan stocks of concern. Recent salmon genetic data suggest that 97%of the fish caught as bycatch in the trawl fisheries are from Southeast,British Columbia,and the Pacific Northwest where the stocks consist mostly of hatchery Fish and that wild Alaskan stocks are virtually unaffected by this bycatch. We also ask that the Council immediately task its staff with the development of discussion paper to examine this issue. The paper should explore whether the foundation of the Council's action(i.e.,the protection of Alaska salmon stocks)is furthered by a Chinook hardcap in a fishery where the vast majority of Chinook taken appear to be hatchery Chinook. If hatchery Chinook from outside of Alaska are treated on par with Alaskan wild stock Chinook[hen the paper should examine the breadth and scope of effects of the closure on the Kodiak--based trawl fishery, dependent industries,and the Kodiak community as a%,6 hole. The paper should further analyze allocating Chinook PSC separately for the Western GOA from the Central GOA in light of the different Fishing patterns of each area. North Pacific Fishery Management Council May 22,2015 Page 3 Kodiak is a fishing community,and many of our residents rely on subsistence fish and game resources. We understand the importance of Chinook,particularly for subsistence users in times of low abundance such as we are in today,and the need for the trawl fishery to make meaningful progress with bycatch management. However,given that recent genetic studies indicate most of the Chinook taken in the central GOA are neither wild nor Alaskan we feel that the harm to Kodiak far outweighs the benefit of protecting what are essential hatchery Chinook,and ask for emergency action providing additional Chinook for the 2015 non-pollock non-rockfish GOA trawl fishery. Sincerely, OFFICE OF THE MAYOR Jerrol Friend Cc: Commissioner Sam Cotten Senator Lisa Murkowski Senator Dan Sullivan Representative Don Young Governor Bill Walker Lt.Governor Byron Mallott Senator Gary Stevens Representative Louise Stutes Ita�u�� o May 26,2415 �r � °l,�W ILin.iN6II ain nid Jcihrm Chairman Dan Hull piroviid j to C'lly of IKod�iii kll it North Pacific Fishery Management Council Gcju ld 605 West 4th,Suite 306 Anchorage,AK 99501-2252 RE:Chinook salmon PSC closure for the GOA CV non-pollock non-rockfish trawl sectorDear Mr. Hull, The GOA non-pollock non-rockfish CV sector fisheries closed on May 3 due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap on these fisheries.According to the EA/RIR/IRFA for the Chinook Salmon Prohibited Species Catch in the GOA non-pollock trawl fisheries that supported the decision implementing this limit,"the impact o earliest closure(mid-April)to the CV sector is estimated to be 22,000 metric tons of harves , 28.5 million in first wholesale revenue"1 The only community to be affected by the present closure is the community of Kodiak,since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in t G If of Alaska.While the extent of the economic loss of the closure is yet to be quantified,it e substantially greater than projected by Council analysis. The only consideration in the analyst's estimate is the harvester's and processor's loss. The reduction in landings and associated processing labor hours has immediately impacted our community. The economic base of Kodiak is largely dependent on fishery support industries,including local water,sewer,and electric utilities,fuel suppliers, ' rs,vessel maintenance facilities,and harbor facilities. These consequences of this action ar411 throughout our community as the economic losses spread throughout the workforce and support industries. The near year-round operation of the trawl fleet fills critical gaps in economic activity that arise because of the seasonality of other fisheries,such as the salmon,fixed gear groundfish and herring fisheries.The activity generated by the trawl fleet allows the community to support the largest residential processing workforce in Alaska.This segment of the population is vital to the social and cultural fabric of our community as multi-generational residential workers are thoroughly integrated in every aspect of life in Kodiak. Clearly,the losses to Kodiak from the closure will be substantial and irrevocable.The social repercussions of these types of losses are extremely detrimental to a community and its residents. We propose two responses to this trawl closure. First,we request that the Council immediately task its staff with the development of a discussion paper to examine this issue. °r e a mon sj is t.The paper should also examine the breadth and scope of effects of the closure on the Kodiak-based trawl fishery,dependent industries{and the Kodiak unity. L,71, Second,we ask that the Council move forward with the f A tra yc ch management program that is presently scheduled for the Council's October meeting.Thetiion is critical to allowing fishery participants to achieve the Council's bycatch management objectives while maintaining balanced and sustainable fisheries and healthy harvesting and processing sectors. We encourage timely Council progress in advancing a cooperative management program to provide tools for the fleet to address bycatch restrictions. Sincerely, OFFICE OF THE MAYOR � i r m Back ground of the KFWG meeting and the draft letter under co/ervessel tion by the Kodiak Island Borough The Trawl industry informed the Kodiak Fishery Work Group(KFWir May 6"' meeting of the recent non-Pollock non-rockfish catcher vessel sector n May 3`a that shut down the flatfish and cod fishery for the Gulf of Alaska ca f trawl sector for the remainder of the year. Julie Bonney gave a status r5port to the work group about the closure and potential options to mitigate the econom kim pacts to the industry and the community,both short term and Iong term. During herpresentation she noted that the trawl industry hadn't met yet to develop a position about`what the"ask"should be to the community governments.She also noted that the Agency was still waiting for some recent observer data to enter the system so the final Chinook salmon numbers were not yet available to understand what the Chinook salmorybycatch was in comparison to the 2,700 fish cap for the sector. Items that were discussed at the work group meeting included concerns about how the bycatch data is generated to manage the fishery basket samples versus census trip counts,temporal observer deployments within the ODDS system and observer deployment issues for vessels that deliver to tenders.To restart the fishery,Julie suggested that the governments could,p'otentially ask the Council/NOAA for an emergency rule to make additional Chinook salmon available to the CV non-pollock non- rockfish cap to support additional fishing opportunity in 2015. The KFWG requested that Heather draft letters to help in bo h these efforts. To be clear,the proposed iette'r that is being considered at the KIB work session was not presented to the KFWG,so does not come with a recommendation,but the KFWG did have a discussion about�wo of the three basic points in the letter.Those two were 1) transferring,or rolling/over,available Chinook salmon bycatch into the closed fishery so it could be prosecuted,and 2)the importance of moving forward with the"tools"package at the Council toh1 1p avoid such problems in the future. The letter also suggests that the Council should undertake a discussion paper,essentially starting a new,process to take a look at the size of the chinook bycatch cap because of the preponderance of hatchery chinook in the bycatch,according to the genetic reports.The FWG did not discuss this issue. On the,lirst point,rolling over salmon at the FWG meeting,Julie talked about rolling over salmon from the rockfish fishery as well as asking for emergency action to allow rollover of Chinook salmon from potentially the pollock cap.This letter is more general, so heaves it open as to where the added salmon bycatch allowance might come from. It ,Aould be noted that Amendment 97 allows Chinook salmon savings to be rolled from the rockfish program(RP)to the CV non-pollock non-rockfish fisheries on October 1.This is not an"ask"to the Council since it is already authorized. Presently,the likelihood that the industry can save the fall trawl non-pollock non-rockfish fishery with Rp Chinook salmon savings is highly unlikely due to the present overage of 150-200 Chinook in the CV non-pollock non-rockfish sector,the requirement for 150 Chinook to remain t May 26,2015` Chairman Dan Hull !North Pacific Fishery Management Council 605 West 4th,Suite 306 Anchorage,AK 99501-2252 RE:Chinook salmon PSC closure for the GOA CV non-pollock non-rockfish trawl sectorDear Mr.Hull, The GOA non-pollock non-rockfish CV sector fisheries closed on May 3 due to the newly implemented regulation,Amendment 97,which imposes a 2,700 Chinook salmon hard cap on these fisheries.According to the EA/R1R/IRFA for the Chinook Salmon Prohibited Species Catch in the GOA' non-Pollock trawl fisheries that supported the decision implementing this limit, "the impact of the 4 earliest closure(mid-April)to the CV sector is estimated to be 22,000 metric tons of harvest,$28.5 million in first wholesale revenue"N' fi The only community to be affected by the present closure is the community of Kodiak,since the Kodiak fleet is the only non-pollock trawl catcher vessel fleet that operates after May in the ww,Gulf,��of Alaska.While the extent of the economic loss of the closure is yet be quantified,it.%*bE+""'rw substantially greater than projected by Council analysis. The only consideration in the analyst's estimate is the harvester's and processor's loss. The reduction in landings and associated processing labor hours has immediately impacted our community. The economic base of Kodiak is largely dependent on fishery support industries,including local water,sewer,and electric utilities,fuel, suppliers,s ' ,vessel maintenance facilities,and harbor facilities. These consequences of this action eso to throughout our community as the economic losses spread throughout the workforce and support industries. The near year-round operation of the trawl fleet fills critical gaps in economic activity that arise because of the seasonality of other fisheries,such as the salmon,fixed gear groundfish and herring fisheries.The activity generated by the trawl fleet allows the community to support the largest residential processing workforce in Alaska.This segment of the population is vital to the social and cultural fabric of our community as multi-generational residential workers are thoroughly integrated in every aspect of life in Kodiak. Clearly,the losses to Kodiak from the closure will be substantial and - evocable.The social repercussions of these types of losses are extremely detrimental to a m, communi and its reside We propose a trawl closure. First,we request that the Council immediately task'' its staff with the development of a discussion paper to examine this issue.' �.' elplore whether of. ks) is ' ' . he paper should also examine the breadth and scope of effects of 101 t the closure on the Kodiak-based trawl fishery,dependent industries,and the Kodiak community. W' All - �� Second,we ask that the Council move forward with the deyehYFrnent of&GOA trawl b ch I management program that is presently scheduled for the Council's October meetin hat action is critical to allowing fishery participants to achieve the Council's bycatch management objectives while maintaining balanced and sustainable fisheries and healthy harvesting and processing sectors. We encourage timely Council progress in advancing a cooperative`management program to provide tools for the fleet to address bycatch restrictions. Sincerely, OFFICE OF THE MAYOR KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: ...................................... Please PRINT your name Please 1111 your name rosbIA wjbj� w INK MH G eve- ... ...... ..... ............ . N Vol ............ i N j 8 nuo^9u" � w 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, June 4, 2015, at 7:30 p.m. in the Borough Assembly Chambers. At its Regular Meeting of May 7, 2015, Kodiak Island Borough Assembly Took the Following Actions: At its Regular Meeting of May 21, 2015, Kodiak Island Borough Assembly Took the Following Actions: RECEIVED an Update on Discover Kodiak from Executive Director Chastity McCarthy. RECEIVED an FY2016 Budget Presentation from Finance Director Karl Short. ADOPTED Resolution No. FY2016-01 Establishing the Minimum tax Levy and the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016. AMENDED, ADOPTED Ordinance No. FY2015-01B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That are Over Budget, Accept Grants, and Provide for Additional Expenditures. VOICED NON PROTEST to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and Restaurant Designation Permit for Island Hotels, LLC dba Chart Room #600. VOICED NON PROTEST to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership for Island Hotels, LLC dba Kodiak Harbor Convention Center #3480. AMENDED, APPROVED Amendment B to Contract No. FY2013-14 to Change the Extension Date to June 30, 2016 and ACCEPTED the Changes to the Contract Terms as Presented. AMENDED, ADVANCED Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax by Substitution No. 2 to Public Hearing at the Next Regular Meeting of the Assembly. POSTPONED Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax to the Regular Assembly Meeting of August 20, 2015. ADOPTED Resolution No. FY2015-22 Opposing Navy Training Exercises in the Gulf of Alaska in June 2015. ADVANCED Ordinance No. FY2016-01 Levying Taxes on all Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First day of July 2015 and Ending on the Thirtieth day of June 2016 (Fiscal Year 2016 Budget) to Public Hearing at the Next Regular Meeting of the Assembly. AUTHORIZED the Mayor to Sign the Letter to the North Pacific Fishery Management Council Requesting an Emergency Rule (Chinook Salmon). CONFIRMED the Mayoral Appointments of Mr. Bill Barton for a Seat to Expire 2015 and Mr. Scott Arndt for a Seat to Expire 2016 on the Joint Building Code Review Committee. DECLARED a Seat on the Architectural/Engineering Review Board Vacant (Gregg Hacker). DECLARED Seats on the Fire Protection Area No. 1 Board Vacant (Jim Pickett and Kiela Pickett). DECLARED a City Seat on the Planning and Zoning Commission Vacant (Patricia Olsen). Vol. FY2015, No. 24 May 22, 2015 Kodiak Island Borough Assembly Newsletter