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2015-10-08 Work Session Kodiak Island Borough Assembly Work Session Thursday, October 8, 2015, 7.30 p.m., Borough Conference Room Work sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from star(.Although additional items not listed on the work session agenda are discussed when introduced by the Mayor,Assembly,or staff,no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at work sessions are NOT considered part of the official record.Citizen's comments intended for the"official record'should be made at a regular Assembly meeting, Page 1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS a. Long Term Care Closing Bonds 4 ­ 38 b. Engineering Requirements Ordinance En. ir�eerift� eouire ertt informatil�n 39 - 95 C. Conservation Easement for Habitat Preservation and Public Access on Land at Termination Point (Resolution No. FY2016-13) Conservation Easement at Termination Point Resolution No. FY201 -1 KIB RMO Memo On Termination Point Conservation Easement Great Land Trust Letter. Audu on Society. Public Comments 96 - 107 d. Economic Analysis Request for Proposal Economic Analysis �rrnation 108 - 113 e. Manager Hiring Timeline/Process M Manager irinq In orm ti n f. Discussion of Sale Source Agreement for Professional Services for Timber Appraisal 114 - 124 g. Fisheries Analyst Report of the Community Forum September 9, 2015 KFWG Co on 3. PACKET REVIEW PUBLIC HEARING Ordinance No. FY2016-08 Rezoning Lot 3A, Block 2, Tract F, Old Harbor Subdivision from R1-Single-family Residential District to R2- Visit our website at . � „ �Y�Q�,uIlld�irmr�IlW�d°�urd�ii��ir III KodiakBorou h .............................................................................. Pagel of 124 Two-family Residential District (P&Z Case No. 16-002). UNFINISHED BUSINESS Resolution No. FY2016-13 Supporting Negotiations Between the Borough and Leisnoi Native Corporation to Develop the Terms of a Conservation Easement for Habitat Preservation and Public Access on Land at Termination Point. NEW BUSINESS RESOLUTIONS Resolution No. FY2016-11 Participation in the AMLJIA Loss Control Incentive Program. Resolution No. FY2016-12 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. Resolution No. FY2016-15 Extending a Disposal of Land as Referenced in Resolution No. FY2014-19, for up to 27,720 Square Feet, Located on Top of the Active Landfill at 1203 Monashka Bay Road by License Agreement FY2013-15 And Amendment FY2013-15A to Allow the City of Kodiak to Temporarily Produce Class B Compost Until January 1, 2016. Resolution No. FY2016-16 Ratifying and Certifying the Results of the Municipal Election Held on October 6, 2015. OTHER ITEMS Administration of Oath of Office to Newly Elected Officials. Presentation to Outgoing Assembly Member(s). 4. MANAGER'S COMMENTS 5. CLERK'S COMMENTS 6. MAYOR'S COMMENTS 7. ASSEMBLY MEMBERS COMMENTS 8. FUTURE DISCUSSION ITEMS Budget Meetings with the City/School District, Renewal and Replacement Projects Funding, SD Mental Health Services Provided by the Counseling Center, School District Rental Rates, K1B Vacant Positions, Public/Private Land Development Partnership, MHP Land Sale, Teleconferencing Ordinance, In-Kind Documents, Action Plans, Traffic Along Mill Bay Road, KFAC Structure and Purpose, Affordable Housing in Kodiak, Village Presentations at Regular Meetings, Contracting and Procurement Process, KUBS Presentation, Non Profit Funding Process Discussion, Town Hall Meeting to Discuss Priorities, Visit e at �� website � ����w��, .`a d ���Ill������lll�����iir ��� llr:pl. �IY @KodialcBorough %AiNim r o��kdk „ Page 2 of 124 and Role of Elected Officials During in an Incident Command System, Consolidation of Fire Departments, Review of the Salary Schedule and Overview of the Hiring Process, Contract with Waste Management, Hospital Lease, Boards, Committees, and Commission Structures, Procurement Process Presentation, Long Term Care Closing Bonds at kodiekakvs �� `� VIII°a�: Ill . durmlll° pllllii�ll �mlll. u �. :;ig @KodiakBorough Visit our web to ru�n� Page 3 of 124 AGENDA ITEM #2.b. Introduced by: Borough Manager Requested by* Borough Assembly I Drafted by: CDD Introduced: XXIXx12o15 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-XX 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH AMENDING CHAPTER 15.10 KIBC (BUILDING CODES) 10 TO ADD A LOCAL EXCEPTION TO ELIMINATE THE REQUIREMENT 11 FOR ENGINEERING FOR CERTAIN RESIDENTIAL CONSTRUCTION 12 IN THE BOROUGH 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough has adopted KIBC 15 Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, 16 alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, 17 height, area,and maintenance of buildings or structures in the borough;and 18 19 WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough 20 adopted by reference the 2012 International Residential Code (IRC) for One- and Two- 21 Family Dwellings(Ordinance FY 2013-09); and 22 23 WHEREAS, the IRC requires engineering certification for structures that are not designed 24 to meet the prescriptive standards of the building code;and 25 26 WHEREAS, Chapter 15.10 KIBC includes a.number of local exemptions, exceptions, 27 and amendments to the standard building code requirements to reflect local conditons and 28 building practices;and 29 30 WHEREAS, in discussions related to the high cost of home construction in Kodiak, the 31 additional expense of engineering for certain new construction, additions, or remodeling 32 projects has been noted as a significant expense;and 33 34 WHEREAS, there are very few licensed practicing engineers in Kodiak,further adding to 35 the cost of complying with applicable engineering requirements for construction;and 36 37 WHEREAS, for decades prior to the 2013 adoption of the IRC, safe and structurally 38 sound residential buildings were erected without the need or expense of engineering to the 39 extent now required by the IRC; and 40 41 WHEREAS, the public necessity and general welfare of the community may be better 42 served by amending the code to reduce or eliminate some engineering requirements for 43 new or expanded residential construction rather than requiring strict adherence to existing 44 code requirements for engineering these structures;and 45 46 WHEREAS, the Kodiak Island Borough/City of Kodiak Joint Building Code Review 47 Committee and Building Official met on month xx, 2015 and XX to review the engineering 48 requirements and recommended adoption of the proposed amendments to Chapter 15.10 49 KIBC; and 50 51 WHEREAS, the amendments to Chapter 15.10 KIBC (Buildings and Construction), will 52 accomplish the stated public need; and Kodiak Island Borough,Alaska Ordinance No. FY2016-XX Page 1 of 2 Page 4 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. 53 54 WHEREAS, the Borough Assembly held work sessions or special meetings to review 55 the proposed changes to Chapter 15.10 KIBC on X,X, 2015 and x,x, 2015;and 56 57 WHEREAS, the Borough Assembly set aside time for public input and discussion at 58 each work session;and 59 60 WHEREAS, the Borough Assembly held a public hearing on x,x, 2015 and following the 61 x,x, 2015 public hearing, voted to adopt the amendments to eliminate certain engineering 62 requirements for residential construction; and 63 64 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 65 BOROUGH that: 66 67 Section 1: This ordinance is of a general and permanent nature and shall become a 68 part of the Kodiak Island Borough Code of Ordinances;and 69 70 Section 2: This ordinance shall be effective upon adoption. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS DAY OF 2015 74 75 76 KODIAK ISLAND BOROUGH 77 78 79 80 Jenrol Friend, Borough Mayor 81 82 ATTEST: 83 84 85 86 Nova M.Javier, MMC, Borough Clerk 87 88 Kodiak Island Borough,Alaska Ordinance Nor FY2016-xx Page 2 of 2 Page 5 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. BUILDING DEPARTMENT 710 MILL BAY ROAD,ROOM 208 KODIAK,ALASKA 99615 dma1hers(@citv.kodiak,ak.us TELEPHONE 907486-8070 thansenOteity.kodiak.ak.us 907486-8072 FAX 907486-86DO September 3,2015 Robert H.Pederscn AICP Director, Community Development Department, Kodiak Island Borough Dear Bob, With regard to a memo explaining the currently adopted Residential Building Code requirements about engineering homes,I guess die best place to start is with the information the adoption committee reviewed in the nine meetings held prior to making the recommendation to adopt to the Assembly. Exhibit A is 7 pages and is the document layin8 Out the step by step process for design requirements for the 2012 IRC.The first paragraph of page two is in reference to the code section that allows non-engineered design,IRC section R301.2.2.1.2,paragraph 2, referenced on page 4 of 7,exhibit A. Exhibit B is 10 pages and is the package of information trying to use the method referenced in IRC section R301.2.2.1.2,paragraph 1,referenced on page 4 of 7,exhibit A.This was the Building Departments attempt at allowing an additional method for contractors to design buildings out engineering as described in pages I and 2 of exhibit B.The end result of this exercise was the engineer's calculations determined it was not possible with this method. We have received feed back in the Building Department that there is concern about the requirements for engineering causing a lack of affordable housing.We do not believe this to be a factual statement based on the following example.A local contractor built his mother a home,it is two bedrooms, 1,080 S/F home with a 368 S/F attached garage, placed on a RI lot of 10,306 S/F.Just what the industry would consider a starter home. This home sold to the mother for$280,000,but appraised for$305,000.Nice of the son to give his mom a deal!The engineering on this home was$1,800.00,which is 0.59016% of the appraised price.This same contractor has another home under contract,a slightly larger two story unit and using a different engineer for design has said the engineering on I Page 6 f1 Engineering Requirements Ordinance AGENDA ITEM #2.b. that project is$2,000.00.We are aware of$5,000.00 engineering bills for new homes but these homes are typically much larger than what would be considered a starter home.So it does not appear that engineering is a significant cost to building a starter(affordable) home. Under the previously adopted Building Code we saw approximately 50%of the new houses being built either being Mly engineered or partially engineered because they could not be constructed under prescriptive design methods in a 1997 Uniform Building Code. Kodiak Island has eight know faults,six of which are in the Narrow Cape area,ref, Sauber and Team study seismic risk near Alaska launch facility 112003,and if you are a believer in a theory that global warming will bring more severe weather,why would you want to eliminate engineering for one and two family homes. The Building Department is astonished that the Assembly would feel the need to arbitrarily reduce the safety factor of a home just on the grounds that a lower income family would be purchasing it,and that be their public legacy for generations to come. In closing the 2012 I RC does have a method fora Rome Designer to build a one or two family home via a prescriptive method;it was discussed as an option during the Code adoption hearings.The opinion of a Building Department was that this method would not see much use since it would require the purchase of a 2012 Residential Building Code,the 2012 Wood Framed Construction ual and require sometime of the designer.And at the time of the discussion the Building Department was unaware of any Contractor in town owning a copy of the 1997 UBC,so they probably were not going to buy a copy of the 20121C,they would go the easier but more costly route and use an engineer for design.Since adopting the 2012 I C,one building code has been purchased from the Building Department and it was not by a contractor who regularly builds residential construction. Sincerely, Yd aHans?e Deputy Building Official City of Kodiak 1 Kodiak Island Borough Cc.Doug Mathers,Building Official Page 7 of 124 Engineering ire s Ordinance AGENDA ITEM #2.b. BUILDING DEPARTMENT 710 MILL BAY Z ALASKA 99615 d at iersQcitvkodiak,a .us TELEPHONE 907486-8070 en�.cit .koi .us 907-486-8072 FAX 907-486-8071 Tuesday,March 20,2012 Wind and Seismic prescriptive design requirements per the 2012 International esi tip l Code for light-frame construction. Wind: e . The Kodak Island Road System falls within the area required by the 2012 I C to have wind design per figure R301.2(4)B. Due to the high wind designation the 2012 I C allows the AF&PA Wood e Construction Manual 2012 )or the ICC Standard for Residential Construction in High-Wind Rgions ICC 600-08 o be used for prescriptive design per R3 01.2.1.1. The[CC 600-011 provides prescriptive design for a foundation and stem wall of concrete construction in B and C wind exposure categories with limitations on the height of the stem wall being three feet from grade to top of wall per 104.4. The[CC 600-08 references the VvTMC for design of the above foundation structure per 303.1. The WFCM 2012 uses a new basic wind speed based on a 700 year return period - second gust which for Kodiak laces our wind speed at 160 MPH,ref.Figure 1.1. Prescriptive design requirements of the WFCM limit wind exposure categories to B and C per 3.1°1. Seismic: The Kodak Island Load System is a seismic design category E per the 2012 T C 01.2.201 and Figure 01.2(2)based on soil site class D. The 2012 IRC allows for an alternate determination of seismic design category per 01.2.2.1.1.This method rases the IBC to lower the seismic design category to D2 based on a site specific soil classification. I Page 8 of 12 Engineering it t Ordinance AGENDA ITEM #2.b. jq g-of-7 The 2012 IRC does have asecond alternative which places additional restrictions on the building's construction allowing construction under the IRC. The WFCM requires the seismic design category to be below E to be utilized for wind design. 2 Page 9 of 124 Engineering Requirements Ordinance AGENDA ITEM #2A Part III—Building Planning and Construction CHAPTER 3 BUILDING PLANNING SECTION R301 code as liumed by the provisions of this section.Additional DESIGN CRITERIA criteria shall be established by the local jurisdiction and set 1®1 Application.Buildings and structures,and all puts f® in Table R301,20). themcf, shall be constructed to safely support all loads, R301.2.1 Wind design crileria.Buildings and portions including dead loads,live loads,roof loads,it loads,snow thereof shall be constructed in accordance with the wind loads, wind loads and seismic loads as prescribed by this provisions of this code using the basic winds in Table code.The construction of buildings and structures in accor, R301,2(1) as deternrined from Figure R301.2(4)A. 7`bc dance with the provisions of this code shall result in a system structural provisions of this code for wind loads am not at vIdes a complete load path that meets all requirements permitted where wind design is mquircil as spectilmd in th pro for the transfer of all loads from their point of origin through Section R301.2.1,1, Where,different construction meth- the load- fisting elements to ft foundation.Buildings and ods ands c materials am used for various purtions structures constructed asp d by this code am deemed of a building,the applicable requirements of this section to comply with the requirements or this section. for each portion shall apply.Where not otherwise sprei- R301.1.1 Alternative provisions.As an alternative to the tied®die wind to listed in Table R301.2(2)adjusted for requirements in Section R301.1 the following standards height and exposure using Table R301.2(3)shall be used are permitted subject to die firnitations of this cc&and the to determine design load performance requirements for limitations therein. Where engineered design is used in wall coverings,curtain walls,roof coverings,exterior win- conjunction with them standards.the design shall comply do s,skylights,g doors and exterior doors,Asphalt with ft International Building Code. shingles shall be designed for wind sperds in accordmice with Section R9(15.2.4. A continuous to path shall be I. AF&PA Wood Frame Construction Manuel provided to transmit the applicable uplift forces in Section (Wr-CM]L R8011 1.1 from the roof assembly to the foundation. 2. AISI Standard for Cold-Formed Steel FrmmoA­- R301.2-1.1 in Undtallons and wind design Prescriptive Method for One- and Two-Family required.Mm-will 1 3 losions of this code shall not 240*4——— Dwellings(AISI S230), _MVo the design'of buildings whem wind design is 3. [CC Standard an the Design and Construction of required in accordance with Figure R301.2(4)B or Log Structures(ICC 400), where the basic wind speed from figurc R301.2(4)A R301.1.2 Construction systems.1be requirements of this equals or exceeds 110 miles per hour(49 m1s), code am based on platform and bafloon-ftnic cotes c- Exceptia= tion for lighto buildings.The requirements for con- 1, For concrete construction.the wind provisions cretc and mosomy buildings are based on a balloon of this code shall apply in accordance with the framing system.Other fkarrung systems must bave rquLva- limitations;of Sections R404 and R611 lent detailing to ensure force tionsfer,continuity and com- patible deformations. 2. Fors ctu insulated panels,the wind provi- sions or this code shall apply in accordance R301.1.3 Engineered design.When a building of other- with the limitimans of Section 11613. wise conventional construction con usurs; structural ele- ments exceeding the limits of Section R301 at otherwise In regions where wind design is required in accor, not conforming to this code, these elements shall be dance with Figure 01. 4) or where the basic wind designed in accordance with accepted engineering prac- Wed shown on Figure R301.2(4)A equals or exceeds tice. The extent of such design need only demonstrate 110 miles per hour(49 ads),the design of buildings for compliance of nonconventional elements with other app li- wind loads shall be in accordance with one or more of cable provisions and shall be compatible with the rfor- the following methods-,3,—,-L44 o (q. mance of the conventional 15ramed system. Engineered 1. AF&PA Wood Frame Construction anual design in accordance with the Inte=donal Building Code (WFCM);or pile is pernifixed for aU buildings and inmctures, and parts 2 ICC Standard for Residential Constructon in thereof,included in the scope of this code. High-Wind Regions(ICC 600);or g R301.2 Climatic and geoirrephic design criteria.Buildings shall be constructed in accordance with the provisions of this 2012 INTERNATIONAL RESIDEMAL C000 25 Page 10 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. BUILDING PLANNING accelerations, Say. shown in Figure R301.2(2) am 2.3.Ile building is wah ► all of the based on soil Site Class M as defined in Section requirements of Section R301.2.2.2.5 16133.2 of the International Building Code.If soil for being considered as rcoular. conditions am other than Site Claw D, the short period design spectral response accelerations,Sag. R301.2-2.2 Scismic Design Category C. Structures for a site can be de rd according to Section assigned to Seismic Design Category C shall conform 1613:5 of the International Building Code. 'Me in the requirements of this section. value of Sea determined according to Section 1613-5 R301.2.12.1 Weights or materials.Average dead of the International Building Code is perraitted to be to shall not exceed 15 pounds per square foot used to set the seismic design category according to (720 Pa)for the combined roof and ceiling assem- Table R301.2.11.L and to interpolate between vat. bliss(on a horizontal projection)or 10 pounds per 110A ucs in Tables R602,10,1 ,R603 9.20)and other square foot(480 Pa)for floor assemblies,except as seismic design requirements of this code. further limited by Section R30102.2.Dead loads for TABLE R301.21.1.1 walls above grade shall not exceed: SEISMIC DESIGN CATEGORY DETERMINATION 1. Fifteen pounds per square fp,,.Yjt(720 Fa) for _S EJ SM I C'O"E'S"iG exterior light-frarne wood walls., 0.17K A 2. Fourteen pounds per square foot(670 Pa)for , 33Fg exterior light-frame cold-formed sire]walk. 033g I<S.5 0.3 1 Ott C 3.Ten pounds per square foot(480 Pal for inte. rior light-frame wood wails. 0.50g<So 5 41,67g Do 4, Five pounds per square foot(240 Pa)for inte. rior light-frame cold-forined steel wails. 0[till t 17g D, 5. Eighty pounds per square foot(3830 Pa)for 8- inch-thick(2 03 mon)milsonry walls. 8301.7-2.1.2 Alternative determination of Sais- 6. Eighty-five pounds per square foot(4070 Pa) ndc Design Category F_Buildings located in Seis® for 6-inch-thick(152 mm)concrete walls. one Design Category E in accordance with Figure 7. Ten pounds per square foot(480 Pa)for SIP R301.2(2)are permitted to be reclassified as being waus in Seismic Design Category D,provided one of the Exceptions. following is done- 1. Roof and ceiling dead loads not exceeding 1. A more detailed evaluation of the saismic 25 pounds per square foot(1190 Pa)shall design category is made in accordance with be permitted provided the wall bracing the provisions Lind maps of the International amounts in Chapter 6 me increased in BuiLding Code.Buildings located in Seismic accordance with Table R301.2.12.1. Design Category E per Table 1,2.2.1,1® but located in Seismic Design Category D per 2, Light-f : wells with stone of Masorsy the International Buildhig Code, may be veneer shall be permitted in accordance designed using the Seismic Design Category with the provisions of Sections R702.1 and D2 requirements of this code. R703. 2."Illuildings located in Seismic Design Category 3. Fireplaces and chimneys shall be pernsitted E that conform to the following additional in accordance with Chapter 10. restrictions am perrumnal to be constructed in TABLE R301222-1 accordance with the provisions for Seismic WALL BRACING ADJUSTMENT FACTORS BY Design Category D,of is code, a NG ROOF COQ It DEAD LOAD' REMI'ME1UNG DEAD AD 2.1.All exterior shear wall lines orb red WALL ISUPPOFFTItea 15 pal or Ins 25 pet wall panels am in one place vertically from the foundation to the uppermost Roof only 1.0 1.2 story. [Roof plus am or two;uides 1-0 1-1 2.2.Flours shall not canfilever past the For ST:I parim per Kam fma=0.0479 kP& Exterior waus. &Linear fs"Isdan 9:01 bc perafluml. L44 2012 INTERNATIONAL RESIDENTIAL CODE' Page 11 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. 1 BUILDING PLANNING ;r i a E e ;a g� =s. 6 Ks s R n W3 a:LLI Cab x � 3 N dr- o LU v �d a a 4 m S Q e r L 35 2012 INTERNATIONAL RESIDE AL CODE" " Page 12 of 124 Engineering it ns Ordinance AGENDA ITEM #2.b. �F (v -7 BUILDING PLAN ING r�N, m Cr VUI''' JiW'k"NP M1 "P" m`�k�µu� "�'""mw, III'm"^W h m 10 55x.mlµ��I�� )51 111 , n� mug SIR I� wwPr� m m ' 17d1 Icy; ,per P lw't ,..$N II NmP �C'"M`Mr�U �,N Lry q'NII 'siwwa N �m wl�W,�«� m,���'I IPW W,I6, p^ w 1 p k m'um in � CX 'i'IPH m P ~a I. mMr Ilwu r. w rw wu rj', wo'IIITro a lin r lll wggry t * QO ✓ IIII NN ,I ➢ uI��I� ::: maul "' v W :"III &'I:lwk w vill a o m lXj mw LI fll P�II�A���.. Ipd �J��„ 6pM N�a Ip I'�4 �I �� ..y.. ." 0. „s"'"�,.,,„,N,.„ ..,,dl �. � x r W IY !FY IrB "Wt' " a",mN N 'Im r"w m L m �m pIk� nu �m .n.. . �.,... u mM lip E" !E: u 111a �ry� C in uw pPai V: 111 114 Ww4 P 2012 I ERNATIONAL RESIDENTIAL CODE• 35 Page 13 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. I BUILDING PLA NiG k' 'SVIV w I U Diu. lil,, a ` • `i, °�" �� i � .'.III � it � � rc. r N LU .... 1 L� ( _ � N J 3 Owl f u o Co to ❑ ❑ ❑ U m d ba I b F mi I 2012 INTERNATIONAL RESIDENTIAL CODO 29 Page 14 Of 124 Engineering Requirements r inane AGENDA ITEM #2.b. 7 �'t BUILDING DEPARTMENT 710 MILL BAY ROAD,ROOM 2 KODIAK,ALASKA 99615 da ers citv.kodi. 0 907-486-8070 t en, city. odi .us 907A86-8072 FAX 907-486-8071 5/4/2012 Dear Glenn, Currently the Building Department is working with our local code adoption board in adopting a new residential building code and it seems we need the expertise of engineer to continue with the process. Currently the City of Kodiak the Kodiak Island o have adopted the 1997 UBC as the building code governing the construction of one and two family dwellings and we are contemplating adoption of the 2012 IRC to replace the 1997 UBC.The issue at hand is changes in how the 2012 IRC deals with wind and seismic compared to the 1997 UBC. Because of our 's high wind the IRC requires designers to use another method for prescriptive design,The methods referenced are AF&FP Wood a Construction Manual 2012 C or the ICC standard for residential construction in igh-Wind Regions 2008 OCC 600). The WFMC has applicability limitations for seismic loads and to allow its use in prescriptive design the seismic design category(SDC)must be D2 or lower and this limitation would carry to the[CC 600 as it references the WFMC for framing design,The IRC places the road system of Kodiak in SDC,E but allows for an alternate determination of seismic design category,utilizing section 1613 of the 2012 IBC.This is where you come into the picture.We would Iie to know if you believe based on calculation that we could comfortably reclassify to a SDC of D2,based on standard practices we see in excavation and soil profiles. Page 15 of 124 Engineering it t s Ordinan AGENDA ITEM #2.b. Generally most site preparation for foundations on one and two family dwellings is the contractor digging to solid shale then backfill and compaction with gravel of a few feet in depth.Occasionally the site is glacial till and excavation would be a minimum of three feet in depth then backfill and compaction with gravel of a few feet in depth. Our hope is to open up additional methods of prescriptive design that the Contractors can use. If it is not possihie to reclassify to SDC,D2 and the IRC is adopted then the design of any one or two family dwelling will be restricted to the requirements of 01.2.2.2.2 Alternative determination of seismic design category E item 2.,or full engineering of the structure. Sincerely, Ted Hansen en Deputy Building Official City of Kodiak 1 Kodiak Island Borough cc.Doug Mathers,Mark Kozak Page 16 of 124 Engineering a uire es Ordinance AGENDA ITEM #2.b. COMPUTATIONS °;. ''.`P.. !� • •�9 eRW9.S9424Y6P6 - ,�`�, tv a a - eat e pD� ®•`mr Je.rlo i�6e Pw"��+� &6"J'p wf6 ;:V ev'IP�D'!'wD S �YI•.1� a' ��� �'� A • d'� ,Dd^2 ° X � k M. (rEu e 3 �In, � r �Mw' � 4 Xe - J � 6 o n, II a wtl q,u".1 ° a - r P wt Page 17 of 124 Engineeeing Requirements r 'i AGENDA ITEM #2.b. CuIS 'W i r m ° "'�'�' ",V " � a ter'.°�',w "� "✓ aY'. "� u. �rh � w �x.. i e i ' �w I+ "J " kvaW,"' I y'✓ �4 upy' r. p�,e �r- W a p" r Av, 4 u' r " , ,. M1, , u � � HrA: pp , 2" �yx.m,„ .° r ,��r. " .,Ie w�rtm4mm'M�Por�•"uxWN.xm' � " " .w. - "w„!pu, :�, � Page 18 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. STRUCTURAL DESIGN structural system msultinA from torsion due to eccentricity gory,the ark category shall not be taken as lower than the between the center of application of the lateral fifircm;and the occupancy category specified the rem. center of rigidity of the lateral force resisding system. 1604.5.1 Multiple occupancies. Where a building or Every structures I be designed to resist the overturning structure is occupied by two or more occupancies not effects caused by the lateral forces specified in this chapter. included in the same risk category,it shall be assigned the See Section 1609 for wind loads,Section 1610 far lateral sail classification of the highest risk category corresponding to loads and Section 1613 for earthquake loads, the various occupancies. Wheire buildings o r s tructures 1604.5 Risk category.Each building and structure shall be have two or more Portion.%that Be Mutually Separated, assigned a risk category in accordance with Table 16045. each portion all be separately classified,Where a sepa. Where a ref nenced standard specifies an occupancy sate® rated portion of a building or structure paravides required TABLE16114.5 FRSK CATEGORY OF BUILDINGS AND OTHER STRUCTURES RISK CATEGORY NATURE OF OCCUPANCY Buildings land other structures that represent a low heeled to human life in the event of failure,including but nix limited to: Agricultural facilities. Certain temporary facilities. Minurstringe facilities. .......... 11 Buildings and entur structures exeept those listed in Risk Colegarics 1,111 and IV ......... Buildings and other structures that mprc=t a substantial hadard to human life in the event of failure,including but not limited to.- Buildings and other structures whose primary occupancy is public assembly with in occupant load greater than 30M Buildings and others tat continuing e1 en school,secorsdary school or day care facilities with an occupa load Mmater than 250. Buildings and other structures containing adult education facilities,such as colleges and univerames.with sa occupant land gnaw than 50M Group 1-2 occupancies with an occupant load of 50 or more resident cam recipients but not having surgery or Ili ca"arg"vey nagm m reedifics, Croup 1-3 occupancie& Any other occupancy with an occupant load greater than 5,0UfF, Power-sessersting stations®water treatment facilities for potable water,waste water treatment facilities and other public a6lity facilities not included in Risk Category TV mm. Bu , I. Istruct. udedin ag'an"' res" sea l i that: ateg Exceed maximum allowable quarsities per control area as given in Table 3011(1)or 307.1(2)or pF0r 5 outdoor rian ls asim in accordance with the International Fire Code.and Am sufficient to pose a threat to five public if mhiascd'. ..................... Buildings and offier structures des ignated as essential facilities,including on t not If mited to Group 1-2 occupancies having autatery ere ency treatment facilities. Faro,rescue,ambulance and police stations and emergency vehicle&liagss. Designated qtr e,hurricane or other emergency Shelters. Designated emergency preparedness,communications land operations centers and other facilities required for emergency resporim. Power-selvaresing stations and other public utility facitifles required as emergency backup facilities for Risk Category IV IV structures. Budding,-it other Asuclives containing uia.lues or highly toxic eride that: Exceed maximum allowable quarafties per control area as given in Table 307.1(2)or per outdoor cantral area in accordance with the International Fire Code and Are sufficient to sea threat to the public if released Aviation control lowers,air traffic c ccnana and emergency aircraft hxhgjrf, Buildings and other structures having critical national deferim functions. Water storage facilities and pump stmiclums;required to maintain water limssure for fire suppresid= ak,For purposes of occupant lead calculadon,occepsurres required by Table 1004.11 to Rate Fees floor area calculations shall be intention to use net noor areas to detarchinc an total occupant load b.where approved by the Willng offloal,also claullicafion of bulldin es.and cow suuctums at Rita Category ill or IV hased an it quanjaes or toxic, Ivjibly toxic orexplosive materials Is pichilued to be reduced to Rhk Category H.providW It can be demonstrated by a hazard assessment in amordance whit Section 13,1 or ASCE 7 that a Moss of the toxic,highly tonic or explosive manasis is net stupdam to poic;a threat to ft public. 336 2012 INTERNATIONAL BUILDING CODE' Page 19 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. -�3 STRUCTURAL DESIGN to resist flifttion, collapse and lateral move- MECHANICAL SYSTEMS. ment due to the effincts of wind and flood loads ORTHOGONAL. acting simultaneously.on all building compo- nents, and other to requirements of Chapter MSK-TARGETED MAXIMUM CONSIDERED I& EARTFIQUAKE(MCE,)GROUND MOTION 23. For breakeway is designed to have a resistance RESPONSE ACCELERATION. of more than 20 psf (0.96 kNW) det ed SEISMIC DESIGN CATEGORY. using allowable suess design.construction docu- SEISM11C F SYSTEM. ments shall include a statement that the breakaway SITE CLASS. wall is designed in accordance with ASCE 24. Sl[TE COEFFICIENTS. 16133 5 ground motion valve e& Seismic ground SECTION 1613 motion values shall be determined in accordance with this EARTHOUAKE LOADS section. 1613.1 Scope.Every structure,and portion thereof.including 16133.1 Mapped acceleration parnmelem The partutie. nonstructural components that am permanently attached to tens S,and S,shall be determined from the 0.2 and I-scc� stmicturra and their supports and attachments. shall be ands response accelerations shown an Figures designed and constructed to mist the effects of earthquake 1613.3.1(1)through 1613.3.1(6).Where Sr is less than or motions in accordance with AS CE 7.excluding Chapter 14 equal to 0.04 and S.is less than or equal to 0.15,the suar. and Appendix I IA.The seismic design category for a struc- tore is permitted to be assigned to Seismic Design Cate- lure is pertained to be determined in accordance with Section gory A,The parameters S.end S, shall be,respectively, 1613 or ASCE 7. 1.5 and 0.6 for Guam and 1.0 and DA for Amencan Exceptions- Samoa. 1. Detached one and two-family dwellings®assigned 1613-3.2 Site claw definitions. Based on the site soil to Seismic Design Category A.8 or C,or located properties,the site shall be classified as Site Class A.11,C, where the mapped short-pedod spectral response D, E or F in accordance with Chapter 26 or ASCH 1 acceleration.S.is less than 0.4 g. Where the soil properties are not known in sufficient detall 2. The seismic foree-resin tins system or w to determine the site class, Site Class D shall be used buildings that conform to the provisions of Section unless the building official or geritechnical-data deter- 230B am not required to be analyzed a s s pecified in mines Site Class E of F soils are pment at die site. 401 this section. 1613.3.3 Site coefficients and adjusted ma urn con- 3. Agricultural storage structures intended only for sidered carthilmike spectral response acceleration incidental human occupancy. parameters.The maximum considered earthquake spec- tral response acceleration for short periods,S,,,and at I- 4. Structures that mqhires ial consideration of it second period,S.,adjusted for site class effects shall be response characteristics and environment that am Sne'd by Equations 16-37 and I&3B,respectively: not addressed by this code or ASCE 7 and for which (Equation 16-37) other regulations provide scissitic criteria, such as J-D 2.-0 -38) vehicular bridges, electrical Isansmission lowers, (Equation 16 hydraulic structures. buried utility lines and their where,- %.W appurtenances and nuclear reactors. F.- Site coefficient defined in Table 16133.3(1)� 1613.2 Definition&Ile following to am defined in Chap F ter 2: ,= Site coefficient defined in Table 1613.3.3(2) DESIGN EARTHQUAKE GROUND MOTION. S, - The mapped spectral accelerations for short periods as determined in Section 16133.1 TABLE 1613.33(1) VALUES OF SiTE COEFFICIENT F. 811M CLASS MAPPED SPECTRAL RESPONSE ACCELERATION ATSHORT PERIOD a.:5&2S k-om : I.-IL75 as®t. 2_125 A 0.11 0.8 1 01 as 016 It 1.0 1.0 1 1.0 1.0 12 1.2 1.1 1.0 D 1.6 1.4 1.2 1.1 ILL- 2-5 1.7 1.2 0.9 0.9 a.Use straigIA-lbe Interpoladart for inwm4aut valms of inapped spactsal frapom aindermflon at disin Period,N. b.Values shall be damrminasl In acmda=with Sestim I I A 7 urASCE 7 368 2012 INTERNATIONAL BUILDING CDDV I Page 20 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. ID STRUCTURAL DESIGN S, = 'Me mapped spectral accelerations for a I-second 161334 Determination of s design cmtegary period as determined in Section 1613.3.1. Structures classified as Risk Category 1®11 or In that are 1613.3.4 Design spectral response acceleration pardme- located where the mapped spectral response acceleration tens®Five-percent damped design spectral response accel- partuttener at I-second period.S,is greater than or equal to cradon at sbart periods,Ss.and at I-second period,So& 0.75 shall be assigned to Seismic Design Category E. shall be determined from Equations 16-39 and 16-40, Structures classified as Risk Category IV that are located where the mapped spectral response acceleration paranne- ter at I-second period.S�is greater then or equal to 0,75 (Equation 16-39) shall be assigned to Seismic Design Category F.All other (M structures shall be assigned to a seismic design categary 2 based on their risk category and the design spectral SDI = 3S (Equation 1640) response acpeleration parameters,SDI and So,determined in accordance with Section 1613,3.4 or the site-specific where: procedures of ASCE 7.Each building antis ture shall S,e The maximum considered earthquake spectral be assigned to the more severe seismic design category in response accelerations for short period as accordance with Table 1613_15(1) or 1613.5.5(2), iffe- date ratined in Section 1613.3.3, spective. of the Fundamental period of vibration of the s cture, SA3= The maximum considered earthquake spectral tru response accelerations for I-second period as deteffnined in Section 16133.3. TABLE 1613.3.3(2) VALUES ORS CO CIE F,,- MAPPED SPECTRAL RESPONSE ACCELERA'DON AT I-SECOND PERIOD SITE CLASS 8'.0.2 St." 6,-4.4 XZos A 0,11 118 0.8.... 0.8 0.0 .. .... ..­_­ ........... B 110 1.0 I'D 1.0 LO C I I'd I 1.4 1.3 D 2.4 10 IA 1.6 1 4 2.4 b Note b Note Ir Note b Note b ­­El- .......... a.Use snalght-Rae Interpolvion for iraermadiou;vadoes of napped spectral rapamot accelcortion at I-lacond period.So. b.Veloas shad be degem.ined In accardance with Section 11,43 of ASCE 7. TABLE 1613.3.5(1) SEISMIC DESIGN CATEGORY BASED ON SHORT-PERIOD(02 second)RESPONSE ACCELERATIONS VALUE OF See RISK CAS. EGORY or n to tat S.<0A67jI A A A 0.1 7g 9 S.<033g H B C 0.338 5Sx4 0.50Z c D 0_50gs;SW D D D TABLE 1613.3 21 SEISMIC DESIGN CATEGORY BASED ON I-SECOND PERIOD RESPONSE ACC ELERAWN RISKCATEOCRY VALUE OF S, rare In IV So,e 0.()67g A A A O.Wlg 5 So,<0.133g B It C 0.1338 5 Sa,<020z C C D 0.208 5 Sap _D 2012 INTERNATIONAL BUILDING COD 99 3117 Page 21 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. STRUCTURAL DESIGN .............. Ali e 1 2 all i, may a� a Xl- " ZO Zo 2, 0� IE YJ e m... � . . `' N, Og- q�I � 1 ,,w j"°3° 'j r• n —° p gip. uwa 0 KC ul owl oft •. .P� � xa 6S ' uuuulpV � I � C1U9 2012INTERNATIONAL eUILGIHG CODO 3 Page 22 of 124 Engineering quir meat Ordinance AGENDA ITEM #2.b. r STRUCTURAL L DESIGN Or- will 21 z id a 0z h i s 71�® p°e .gam 8m µ �^6 .0� rar n '° i y. p jg y jjt � ® i 4 9gg� a 16 i q 3 cc MID INN Its ��t` ®' d N!INS IN d3� �� �n a 1 1 . 1 D N � INIIpN' � IN � � � � illNdll � ll n cc 0 N Ip...,�.....I..,. N 314 2012 IMIXIINATIONAL BUILDING C Page 23 of 124 Engineering it t s Ordinan AGENDA ITEM #2.b. 13 STRUCTURAL DESIGN 1613.35.1 Alternative seismic design category deter- SECTION 1615 mination. Whem S, is less than 0.75, the seismic STRUCTURAL INTEGRITY design category it permitted to be determined from 1615.1 General.High-rise buildings that am assigned to RLA, Table 1613.3.5(1) alone when all of the following Category III or IV shall comply with the nquimments of this apply° section.Frame structures shell comply with the requirements I. In each of the two orthogonal directions, the of Section 16113,Bearing walls ctu shall comply with approximate fundamental period of the structure, the requirements of Section 16154 Tk in each of the two orthogonal directions 1615.2 Definitions. Ile following words and terms am determined in accordance with Section 12.821 defined in Chapter 2; of ASCE 7, is less than 0A T, det ed in accordance with Section 11,4.5 of ASCF 7. BEARING WALL STRUCTURE. 2. In each of the two orthogonal directions,the fun- FRAME STRUCTURE. damented period of the structure used to calculate 16153 Frame structures. Frame structures shall comply the story drift is less than T,. with the requirements or this=tio, 3. Equation 12.8-2 of ASCE 7 is used to determine 16IS3.1 Concrete frame StrUClUreL Frame Structures the seismic response coafficlent,Cv constructed primarily of reinforced or prestressed con- 4, The diaphragms am rigid as defined in Section crate.either cast-m-pl ace.or psrccast,or a combination of 12.3,1 of ASCE 7 or, for diaphragms that am them,shall conform to the m4uirerrients of ACI 318 See flexible,the distances between vertical elements Lions 7.13, 13.3.8.5, 13.3.9.6, 16.5, 18,116, 111.12.7 and oft seismic force-resisting system do not 18.12.8 as applicable.Where ACI 318 requires that non- exceed 40 feet(12 192 mm). prestressed reinforcing or prestressing steel pus through ft region bounded by the longitudinal column rcuafmce- 1613.3.52 Simplified design procedure. Where the ment, that reinforcing or prestressing steel shall have a alternate simplified design procedure of ASCE 7 is minimum nominal tensile strength equal to two-thirds of used,the seismic design category shall be determined the required one-way vertical strength of the connection of in accordance with ASCE 7, the floor or rood'system to the column in each direction of 1613A At Ls to AS CF 7.The provisions of Section bum or slab reinfrimemrrit passing through the column. 1613„4 shall he penrmwd as alternatives to the relevant provi- Exception:Where concreAe slabs with continuous reui- sions of ASCE 7. romement having an RrczL not less than 0.OD15 times the 1613.4.1 Additional seismic force-resisting systems for concrete am in each of two orthogonal directions am se y Isolated structures.Add the following excep• present and am either monolithic with or equivalently tion to the end of'Section 17.5.4.2 or ASCE 7; bonded to beams,girders or columns,the longitudinal Exception; For isolated structures designed in accar, reinforcing or prestressing steel passing through the dance with this standard,the Structural System Unifta- column reinforcement shall have a nominal temile lions and the Buildiog Height Limitations m Table strength of one-third of the required one-way vertical 12.2-1 fora steel concentrically braced fi-amcs strength of the connection of the floor or mDf system to (O s) as defined in Chapter 11 and ordinary the column in each direction of beam or slab rcinloraz moment lounes(O s}as defined in Chapter 11 am m passing through the column, permitted to bet as 160 feet(48 768 mm)fors c° 16IS3.2 Structural steel,open web steel joist or Joist to assigned to Seismic Design Category D,E or F. girder,or composite skeel and concrete frame struc- provided that the following conditions are satisfied: tures.Frame structures constructed with a strucluml steel 1.The value of R,as defined in Chapter 17 is Laken frame or a frame composed of open web steel joists,joist as 1. girders wM or without other structural steel elements or a frame composed of composite steel or composite sled 1 For O and OCBFs,design is in accordance joists and reinforced concrete elements shall conform to me with AISC 341. the requirements of this section. 1615.3.2.1 Columns. Each column splice shall have SECTION 1614 the mimmuni design sftngth in tension to transfer the ATMOSPHERIC ICE LOADS design dead and live load tributary to the column between the splice and the splice or base immediately 1614.1 General.Ice-scusilivc structures shall be designed for below. atmospheric ice loads in accordance with Chapter la of ASCE 7. 16153.2.2 Beams.End connections of all beams and girders shall have a minimum nominal Wal tensile 376 21"2 INTERNATIONAL BUILDING CODEa Ah. Page 24 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. MEMORANDUM OF AGREEMENT between the KODIAK ISLAND BOROUGH and the CITY OF KODL4K BUILDING INSPECTION PROGRAM On April 15, 1998,the Kodiak island Borough and the City of Kodiak established a single program for U Inspedon orbdkfings vAtWn thelurisdiction of both governments.i n the past there has been one building Inspecim/oniciali tor each local government.7bis memorandum of agreement(MOA) reestablishes the parameters of the single building inspection program that serves the residents of both Jurisdictions,and replaces[he original Btfl1ding Inspection MOA of 1988. Objeclives I. To proAde ror a single building Inspection ® for the City of Kodiak and[he 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 o(bulkling Inspection services In the Kodiak Island Borough and the City or Kodiak. 4® To provide an econornical,eAlcient,and efflective building inspection program tor residents of the Kodiak Island Borough and the city or Kodiak. Points of Agreement 1. 7be Kodiak Island Borough(hereinaner'Borough*)hereby contracts mAth the py or Kodiak (hpreinafter"CiV)for building Inspection services.Personnel aspects of the r® are the responsibility or the City, and the building oflicial and assisWt building oflicial "it be employees or the Cily. A. This service%vill include the follovAng: (1)a full-time building oWiclal; (2)a rull-time assistant building arricial; 'a (4)all other necessary and typical functions associated with an operational building inspection program; (5)admilinistration and enforcement or Borough Code Tide 15,Buildings and Construction, including issuing permits, checking plans, perforrning field inspections, maintaining records of ea perrnit,and maintaining statistical records, Memrandum of AS@=tMW-1bAkfina Inmrwien 11"rant Kodiak Idared RomugIVOty orXoftk Page 25 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. records Wit be kept on each building permit and Wit include at a minimum, the follovving applicable Information: building permit applications, approved plans and specifications; the as-built site plan; compaction report on engineered rills; and Inspection reports on all inspections performed-,an Issuance ore certificale ofoccupancy and/or final inspection report when construction, for vvhIch s perrnit was issued4 Is le assessor shall be provided Ath a copy or all fi t of occupancy and/or final Inspection reports on a monthly bask B. e Borough WII supply the ollice space for e building Inspection program. C The City °Il supply the vehicle torte building inspection program. 13 Mw building inspection office Wit be fled Into both the Borough and the City telephone and remote communication systems,and the Borough computer for access to property record files. ing inspection pro staff WO implement a HTE Building Permit soft- ware application once it has installed and training has been provided by the Borough. E_ Mond*and annual reports of building permit activities °II be submitted on rorms agreed to by the Borough and e 2. In all cases® a uil ding official Wit be responsible forensuring that all structures are In compliance Wth adopted codes.The Kodiak Island Borough or the city of Kodiak may,an a case-by-case basis,request from a building official approval to use alternative pers el for ensuring u sc conMcdon projects e adopted codes.The building official may d y approval For the use of alternative personnel bised an the lack of appropriate ualifi tions or the nnel°All code compliance Inspection reports or similar records generated for public construction projects shall become part of building le maintained in a building Inspection program office. Ire Is sc e I ' f to a°ve r reel,a it Fee °il .h wt for i oaf 1 ti s et t to ati n a r, tielaaCj pc�stl®ri bf public panstrarctlort prr�ject itispted tagrIterrsative hei will included be in the project ownees portion of the pernfit value calculations for building program inspwilon operations.If building inspection pro staff perform code compliance ins pections fora public construction project,then the project Wil be charged the applicable building i4 electrical its or I it re es, ` r ° bt,or I it n in In' permit value ' i a„lai runs for building inspection, . program operations° The cast of-the building Inspection °it be split between the City and me Borough based on the dollar value of the permits Issued inside the City( r nsi fi )and outside e responsibility). a BorouSh shall be made promptly upon billings submitted e 3® 7be Community Development Department Wil work vviih the building inspection program office to ensure adherence to this MOA is implemented. i is not intended to replace current day-to-day communications e staff,which are encouraged to continue°All policy issues, Mamorandwn or s nk—BuMqg 1rupedian PnMmm Kodiak IslarKI Swo&OVCky of Kodiak P9 2 d A Page 26 of 124 Engineering it Ordinance AGENDA ITEM #2.b. whether ®Barougk or joint vdp be referred to the Borough mayor and City Manager for faint resolution. A. 7be A for zoning compriance is incorporated, in lotal, In is MOA and is labeled Apperift or the building tire safety Inspection r for the Kodiak mad system is incorporated,In total,in this MOA and is labeled Appencrix B. 4, The Borough and the City shall review and revise r respective Building maintain l regulations at Include,but are teat limited to, a fail strive rsili i B. NafiuriW Electrical e® C. Lkdfbrm Plumbing e; D. Driveway permits; Ordinances a fire and approval of plans and specifications,and the enrorcemeni or state fire statutes and regulations;and F. Building Valuations and Pee Schedules. Borough shall adopt an ordinance lhak shall require e identification of lot comers in e commencement of construction. 6. Insurance k The with City shall provide liability insurance.Upon request the.City shall provide the Borough evidence of the Insurance coverage in ford at e. If the Borough should conclude that the insurance coverage obtained by the City Is inadequate to project its interest,the Borough shall give the City written notice of its concerns shall request that Insurance coverage maintained the City be broadened or increased In certain particulars, If the City falls to agree to the Borough's request and obtain the broadened. Increased ire s after request, Borough a do additional insurance coverage as it has requested and deduct the proven cask thereor f any Payments othervAse due to the City or terminate this agreement in accordance with Section 9, 1 B. Any liability Insurance policy obtained by either the City or the Borough shall contain a fiver of all su ra atlon claims against e other party. C. The Borough agrees to indemnify and hold the City harmless from any and all uninsured claims arising out of actions or omissions of the staff of the building inspection Wnwrhndum of AVftrmt*—ouj1diog Impeulan PwRrirn Kodiak Island SomljiWaty or Kodiak 1 RC 3 or 4 Page 27 of 12 Engineering it Ordinance AGENDA ITEM #2.b. program which are associated pdmarily implementation of this agreement with respect to property bing outside of the City the City agrees to indemnify and hold harmless the Borough from any and all uninsured ai s or damages arising out of actions or ornisimns of the staff or the building inspection program which are associated primarily vAth implementation of this agreement respect to `n in the City. ® The Borough and the City shall separately assume any legal costs associated building Inspection o f e t within their respective jutisdictIons. IL It is the responsibilily of the building imVecdon program staff to Initiate and City � building and related code updates.All Borough and City code revisions that may affect the buildng inspection program shall be prWded to the Wilding official for iew and L 9. This agreement may be ternfinated either patty upon nine (9 )days advance written notice I to the other party. DATED is 16th day or a , 1997. KODIAK ISLAND I F r William Manager a el tlesty tests a P rr ena,rapresw�+ref Agmac wd—B ukRS09191S ML l f'"Mm Kodiak IsW4 tlom4UCky or KimPok Page A®r4 Page 28 of 12 Engineering it Ordinance AGENDA ITEM #2.b. ZONING COMPLIANCE PROGRAM Appendix A of the Building Inspection Program MCA 6 On March 1,1984,the Kodiak I and the City of Kodiak s a coordinated for the enforcement of zoning regulations Athin the city flmIK This original Appendbr replaces the ire g Compliance MOA of 1984,and provides a procedure the Inspection of zoning requirements I .n Inspection program. Objectives 1. To provide zoning compliance inspections in conjunction eildi Inspections. To ensure a coordinated and consistent zoning compliance inspection p . provide a specific and acceptable process that defines the responsibilities of the Kodak Island Borough and the aly of Kodiak for implementing zoni compliance Inspections as a function of the building inspection progra ° Points of Agreement 1. No building i ll be Issued without written zoning authorization from the orou h®except as may otherwise provided for in the Borough Code. 2. Written zoning authorization by the Borough will be an a faun provided by the Borough and printed In a forrnat mutually agreed the City and the Borough.7be format shall include at a minimum the following irate tics s property comer markers with iden lication or other acceptable markers must be in place and available far verificadon of c distances, B. aWicant acknowledgment Out the information provided on the authorization is correct,and that a applicant agrees to comply all ordinances laws regulating zolfing co m. prance.. 3. The written zonimil authorization vAll be specific in its Identification or regulations that require compliance, Including y approvals or conditions specified g the Borough Planning and Zoning o issia . 4. While conducting site insPeclions as part of the building permit process, It will be the responsibility e bulking inspection program staff to note all violations of the wdUen zoning authorization and to inrorm both the applicant and the Borough Community Development Department of any violations including,but not li lied to®the following: a. setback requirements, Appzidx A.Memewandum or ASr0Ln"--0nikHM Inspadion Prognoll ZonhV Compkance Program PMF P® !of 2 Page 29 of 1.24 Engineering it ements Ordi AGENDA ITEM #2.b. b. height restrictions; c. off street parking requirements and development standards;and d. permitted uses. S. In cam of confusion orconifict beftveen the a and the building inspection program staff over either the written zoning authorization or the Imposition of specific zoning regulations,the Issue vAll be brought to the Community Development Department for resolution. 6. In cases when there are violations a both the zoning and building codes, the Community Development Department and building Inspection program staffs shall engage in joint enrorcement action to the greatest extent possible.Wis Includes,but is not limited to,joint signatures on violation letters and joint site lnspecdonL Agft"m A,Mem=Wum of Agrwnwi—MUns In3pectim Pammn, rag i in P PaRe 2 of 2 Page 30 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. BUILDING FIRE SAITTY INSPECTION PROGRAM Appendix B of the Building Inspection Program The Kodiak Wand Borough and the City or Kodiak wish to establish a coordinated Wilding fire safety Inspection progmm throughout each respective judsdiclion. Objective To enforce Stale lire safety laws as established In AS 18.70 and AS 18.72 and all regulations adopted pursuant 10 these statutes through a local building fire sarety program. Points of Agreement i. It vAU be the responsibility or the Cily or Kodiak Fire Department to administer and enforce the requirements of the bulk ling fire safe ly program on the contiguous Kodiak road system. 2, Inspections requested by the Borough vvill be scheduled In as firnely a manner as possible by the City Fire Department. 3. The Borough shall be financially responsible for the building tire safety inspection program outside the boundazies of the City. EkAfind Fre SwMY lnsr.wakm pmpmn k Page 31 of 124 Engineering Requirements Ordinance AGENDA ITEM #2A MMRMDUM OF AGRF.EMrMT BEMEN THE CITY' OF KOD AND M MUM ISLAND BOROUGH rw City o t wish to provide for code complia= inspectimB on BmTugh projects widdn ft City of lWiak. it dz11 be the responsibility of the Kodiak Island Borough W provide certifir-ation, to the City of Kodiak that projects undertakm by the Barough widiin the City of KDdiak amply with &U NationaL BAIding Codes adopted by I the City in effect at the tim the project is undertaken. Ws certification can be acooWlisbed by a letter from -tbe Kodiak Island &=%h to tbp City BuUAing Official stating that lnqmLians bave been COM- pleted and that the building coaplies with all Natimal Bdl&mg 0x1es adopted hey ' City. DAM this 2nd day of August P 1984. CM W MM, AIASKA ............................ KODIAK 'ISUM MUM, AL4M Page 32 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. DnMMN OF FIRE PREVENnON 5700 L 7Ww Road AuMoi. 13 ® s) AM DEFERRING FM CODE ENFORCEMEMM SAFM DiMPEMONS Nme of i d d nd sots y PO Box 1397. Kodiak, AK 99615-1397 1Lilt 4 1 , . C, C ® 19 No Us of rd rtif ied PWs Exami i ie , B actor, ton attar, E eco , r We—CRE CingpeCtor, Luntion. e e dr. actor Uni r i i stn tc re a ecdg i I=tify&d I bave=mined 9z f fiad NAAM. William B. .Tones i (Type or pmt) Si�medtr�e} DATE, C t es Cr ide) SUBSCIIDPD AND SWORN to before me this„L day of q 19 ( ) YP C. f . S left my 0munusion Ens h= NOTM Ate: I) A oW of da adapting oWinami and an wd1w of 2) of J . 3) ' e s)ofl f nt pei r 1) Proposed wrimm agrwment for exemi&M t 2} Owdine of 3 gentaphic a=under considwain, 4) Number of Sbik,SMuta dw gomis Law Enfurament A s)of BC f® t i! Page 33 of 124 Engineering it Ordinance AGENDA ITEM #2A CITY OF KODIAR ORDINANCE ORDINANCE NUMBER 1043 AN L OFTHECITY OF KODIAK CONDUCT LAWS,OF FIRE SAFETY INSPEMON AND ENFORCEMENT ACMTIES UNDER STATE REGULATIONS,AND CODES WHEREAS Alaska Administrative Code section 13 AAC 50,075 allows the State Fire Marshal to deter to local authorities responsibility for enforcement of state Ore lam and regulations;and WHEREAS the City of Kodiak has qualified personnel to enforce state fire laves and regulations; and WHEREAS i e city of Kodiak it to obtain a deferral from e Skate Fire Marshal, i E,BE rr ORDAINED by the Council of the City of Kodiak, f Section 1,The City Manager is hereby authorized to apply for a deferral from the State Fire Marshal and la execute a deferral agreement any other necessary action. Section e City of Kodiak agrees to act under the deferral by the State Fire Marshal to un force ent acthAd rsuarat all applicable Slate fire lames and re fie Section m The Kodiak is hereby amended by the addition of a newsection 1 ®24® to s 14.24.040 PI n rule w—fire sarety Inspection program.As required by the exemption granted by the state fire marshal under the authority of 13 AAC 50®075,the city r i e review and approval a and specifications and a enforcement of state fire statutes and regulations.In a iti on,the city Wit conduct a building fire safety o meets or exceeds the program conducted by the stale division of Pre prevention. Section is ordinance shag become effective upon oblaining the deFerral from a Stale Fire Marshal,but in no case less than thirty days after final passage. CRY OF K Y CITY CLERK First Reading-November 14® 1 Second iri ;April 10. 1997 Effective no rfier than May 10, 1997 Page 34 of 124 Engineering it Ordinance AGENDA ITEM #2.b. AGREEMENT FOR DEFERRAL OF PIAN REVIEWS AND LIFE SAFETY INSPEC17ONS PURSUANT TO 13 AAC 50.027 AND .075 The City arKodlak,through Its hereby seeks exemption or compliance vAth 13 AAC 50,027 and for deferral or authority to enforce State fire laves and regulations with the area or the Kodiak Island Borough road system. irgranted this deferral,the City of Kodiak hereby f l n (a) tas esaforce the Stale fire laws as established in x.51 g.70 and 18,72 and all regulations and i codes adopted under the s tatutes—these laws and regulatio t the minimum acceptable standard and variances below the standard vAll not be granted„ i (b) to maintain on its enforcement staff at least one parson %villa a current International Conference of Building Officials(I COO) rerdricate as a pims examiner and one person with a current International Fire Code Institute certificate as a uniform fare code inspector, (c)that all playa reviews for buildings in the dererrad area will be done or supervised by an Woo approved i er, I (d) that the City of Kodlak Building Official has the responsibility for providing final playa approval,code interpretations.,and modification appr is, (e)to follows the same procedures for approving modifications as oulfned in 13 AA,C 55.130, and t o permanent written record of all modifications will be maintained; ( that any construction inspections done the City will be done or supervised an 1CBO- certified inspector, e Fire Department Immediately implement ul a7 fire safety inspection 1 that meets or exceeds the program conducted by the Stale Division or Fire Prevenflon, e full responsibility for a monitoring,tracking,and complete correction or all open fare and buikling code violations at have been identified e State Fire Marshal'office during previous inspections;and periodic to reviews It City records of plan reviews,construction Inspections,and tire safety Inspections upon reasonable notice by the State Fire arsaI°s o ace. Dated is 1dh day or , 1997. CITY OF KODIAK , a % L . C ity ana Rreel ftn4II'1um DdehllcrPllam'Rcviirw mca a W mr�Q IV mi ir. ii ass Page 5of1 Engineering it Ordinance AGENDA ITEM #2.b. tion for the I Establishment ivi of Dsion of Fire prevention:A Division of Fire Preven Fire Department of the City of Kodigk is hereby established.The Fire Chief i will desgnate an officer(Fire Marshal) and such number of assistants as required to operate the Division of Fire PreventiOlL Duties of the Fire Marshal:The OM=m of the Division of Fire Prevention will enforce BU laws and ordinances of the State and City for 1.The prevention Of fires; and flammables; 2.Ile storage and use of explosives c.sprWer systems and other fire 3.The kstldlafiOu and maintenance of m1tomad alarm systems and fire odinVishcr equipment; and regulation of fire escapes; 4.The maintenance i in case of fire from factories,schools,hotels, 5.The meaRS and adequacy Of exts lodging houses,asylum,hospitals,churches,balls,theatm,amphitheaw�and as woric,live.or congregate from time to all other places in which numbers of pem time for any-purpose. origin,and circUmSW=Of of d a fm; 6.The investigation Of the cause, as my be direcW from time to tim by the Fire 7.such other regiflations uties Chief, Initiation of Fire Investigations:The Fire Marshal or his designee Will investigge the cause,origin and circumstances of every fire occutTing in the city by which propertY has ible wiU determine whether the fire is the beca demyed or damaged,and as far as possi , if the result of Carelessness or design.Investigations by the Fire MRrSW win O= appropriate responding agency lacks the ffi ® or if there is no approprift agency designated for the area-All invesfigations will begin immediately upon occurrCace Or Won notification by the appropriate agency. BMQ0jLRaQUiMd:The office of die Division of Fire Prevention will have a record of aU fires and of all the facts c4mcenung the same,including StRtistics 85 to the exteut of such rm and the d=Me caused,and whAer insurance covered such losses,and if so,in what amount ILW&M.The chief of the fire department shall examine the construction of all stractares to insure compliance with adoptzd fire and life safety codes Inspections shall include allelectrical,heatin&and mechanical appliances built into or used upon the premises.Such inspection may cause the same to be removed or matured to a safe condition when deemed by the fire chief to be dangerous or violating any adopted fire or life wdety co&The fire chief will exercise and enforce any other thing necessary for the prevention of fire. (KCC Ord.855 1989) Page 36 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. RQKdnLLqSUmU"n - e ° Marshal will inspect or cause to be inspected.,as often as may be necessary residentially zoned districts,arm zoned for commercial,industrial or other hi0i density uses in the closely built portions of the jurisdictional area:an buildings, premises.and public thorougliares,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' t of any ordinance or regulations related to fire hazards. Whenever any inVector finds in any building or upon any premises,combustible or mcplosive matter or dangerous accumulations of rubbish or unnecessary accumulation of Wale PaM 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 I® to inter&re with the operations of the fire department or egress of occupants in case of fire,he will order the same to be ec®removed and remedied. The service ofany such order may be made upon the occupant of to whom it is directe4 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, r° 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 maging such copy to the ownee's last known post office address. The Fire Marshal or his designee upon the complaint of any person or whenever deemed necessary,shall inspect all building and premises within the jurisdictiom Whenever any of said officers shaill find any building or other stsucture which,for want of repairs,lack of or insufficient fife escapes,automatic or other fire alam.apPwatus,fire extinguishing equipment,by reason of aie.dilapidated condition,or fiorn any other cause is especially liable to fire and which is so situated as to endanger the pmperty or the occupants thereoC and whenever such an person shall find in any budding combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof,be 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 ChieC 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 for and be complied with within the time fixed in said order or decision of the Fire Chief -V-mA&ULAffl--flwn1md:The Fire Chief or any member of the Division of Fire Prevention may,at W1 reasonable hours,enter any budding or premises within his jurisdiction fnr the purpose of making any inspection or investigation which,under the provisions of the tifle,he or they may deem necessary to be made. Page 37 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.b. Page 38 of 124 Engineering Requirements Ordinance AGENDA ITEM #2.c. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 15, 2015 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2016-13 Supporting Negotiations Between the Borough and Leisnoi Native Corporation to Develop the Terms of a Conservation Easement for Habitat Preservation and Public Access on Land at Termination Point. ORIGINATOR: Duane Dvorak FISCAL IMPACT: No FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough has been provided an opportunity to sponsor a conservation easement on a large parcel of land in private ownership commonly referred to as Termination Point.As described in the attached backup material(previously presented to the Assembly at the work session on September 10,2015),the purpose of the easement would be to preserve certain habitat values for species that were injured during the Exxon Valdez Oil Spill,The easement would restrict development of the land,but would allow certain traditional uses for the land owner,An additional benefit the easement would provide is the creation of public access on these lands. Negotiations between the sponsor(Kodiak Island Borough)and land owner(Leisnoi, Inc.) would be facilitated by the Great Land Trust which has a great deal of experience in these matters.This facilitation would include determining the value of the easement and presenting the easement to the Exxon Valdez Oil Spill Trustee Council for approval and funding. It is not expected that the management of easement land at Termination Point will have a substantial impact on the borough budget or risk management liability. This resolution was introduced on October 1 and postponed by the Assembly to the October 15 meeting. RECOMMENDED MOTION: The motion before the Assembly is to adopt Resolution No. FY2016-13. Kodiak Island Borough Page 39 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. 1 Introduced by Borough Manager 2 Requested by ss Borough Aembly 3 Drafted by7 Resource Management Officer Introduced Gm 10101!2015 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO.FY2016-13 s 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 SUPPORTING NEGOTIATIONS BETWEEN THE BOROUGH AND 11 LEISNOI NATIVE CORPORATION,TO DEVELOP THE TERMS OF A 12 CONSERVATION EASEMENT FOR HABITAT PRESERVATION 13 AND PUBLIC ACCESS ON LAND AT TERMINATION POINT 14 15 WHEREAS, the Great Land Trust presented a proposal to acquire a conservation 16 easement for preservation of habitat and public access on land located at Termination 17 Point on September 10,2015;and 18 19 WHEREAS, the easement negotiation between the Kodiak Island Borough and land 20 owner, Leisnol Native Corporation, would be facilitated by the Great Land Trust and then 21 submitted for approval and funding by the Exxon Valdez Oil Spill Trustee Council;and 22 23 WHEREAS, the proposal requires borough sponsorship of the conservation easement 24 interest In Termination Point, therefore it is necessary for the Assembly to support the 25 process moving forward so that the Assembly can make an informed decision to accept 26 responsibility for said easement once negotiations have been concluded. 27 28 NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: The Assembly recognizes that an informed decision on the acceptance of 32 management responsibility for a Termination Point conservation easement 33 cannot be made until negotiations are concluded. 34 35 Section 2: Funding of the easement acquisition will be subject to approval of the Exxon 36 Valdez Oil Spill Trustee Council and the local sponsor Kodiak Island Borough 37 will be asked to assume management control over the easement Interest. 38 39 Section 3: The Assembly, therefore,expresses support for the initiation of negotiations 40 between Kodiak Island Borough and Leisnoi Native Corporation to acquire a 41 conservation easement for preservation of habitat and public access on lands 42 at Termination Point. 43 44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 45 THIS DAY OF 2015 46 47 KODIAK ISLAND BOROUGH 48 49 50 51 ATTEST: Jerrol Friend,Borough Mayor 52 53 54 55 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Resolution No FY2016-13 Page 1 of 1 Page 40 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA I .c. Great Land Trust/Exxon Val Oil ill T t Council Habitat Con ry tl n Pro Kodiak Island Borough Regular Meeting,October 1.2015 Overview Great Land Trust(GILT)is working with the Exxon Valdez Oil Spill(EVOS)Trustee Council to Identify and complete habitat conservation projects that benefit resources that were injured as a result of the oil spill.Through a priorilizalion process GLT Identified land within the oil spill area that is a high priority for conservation.,Among the high priority areas are Long Island and Termination Point-lands owned by Leisnoi,Inc.GLT has been working with Leisnoi.Inca since 2013 to negotiate the sale of conservation easements on these properties.The conservation easements are recorded legal agreements that will restrict development,allow for public access and transfer management responsibility to the holder of the easement.The underlying properly will still be owned by Leisnoi,Inc.As the tee owner„Leisnoi„Inc,will retain certain rights,such as the ability to install appropriate signage,maintain certain rights to archaeological sites and artifacts, engage in subsistence activities„and maintain ownership of any potential carbon credit value To bring these projects to completion„either the Stale of Alaska DNR or the Kodiak Island Borough will need to accept the conservation easements and to manage the properties as parks or protected areas.The acquisition will be funded by EVOS Trustee Council.Due to the sensitive nature of land transactions with a private party some of the details may remain confidential. Additional information will be presented to the public at EVOS Public Advisory Committee and EVOS Trustee Council meetings.Project steps and properly descriptions are listed below. Project Steps Conservation Easement The terms of each conservation easement are negotiated between the easement holder and the landowner.The conservation easement would require public access and prohibit development, Including limber harvest. Appraisall Purchase Price The fair market values of the conservation easements are being appraised according to EVOS Trustee Council appraisal guidelines.The appraisals will be reviewed by a third party appraiser. The acquisition and due diligence will be funded by the EVOS Trustee Council. Purctiase and riale Agmemant GLT and EVOS Trustee Council staff will work with Leisnoi.Inc.to draft a purchase and sale agreement establishing the purchase price and terms of each conservation easement transaction, Phase I Environmental Sile_A55essment A Phase I ESA will be conducted to determine the condition of each property and any potential environmental hazards. Titlel Survey A Preliminary Title Commitment will be reviewed to assess the condition of the title of the properties.A survey will be conducted if necessary. Page 41 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Great Land Tru IU Exxon Valdes Ofl Salll Trustee Cauncll Habitat Conservation ts Protec Kodiak 41 nd Borg gts Regular Meeting,October 1,2016 EVOS Trustee Council Resolulian The EVOS Trustee Council will vote on funding the project at their November 2015 meeting.GLT has been working closely with the EVOS Trustee Council staff throughout the project, Long Island Project description Long Island is located in the Gulf of Alaska off the northeastern coast of Kodiak Island The island is approximately 6 air miles from the city of Kodiak and is adjacent to Woody Island.Long Island is approximately 0.75 miles wide by 4 miles long and contains approximately 15.2 miles of coastline. The coastline is characterized by steep,rocky cliffs and outcrops.Sitka spruce and grasses, among other native plant species,sit atop the uplands.There are a number of freshwater ponds and lakes of varying size on the island.There are two known harbor seal hauloul areas on Long Island,Vera Bay and a site on the southeast point of the Island.Long Island serves other coastal wildlife communities such as sea otters and binds identified by the EVOS Trustee Council as Injured Species. Long Island provides coastal forage areas,colony and nesting habitat for several species of sea and shore binds,including:Pelagic Cormorants,Red-faced Cormorants, Glaucous-winged Gulls, Black-legged Kittiwakes,Black Oystercatcher,ducks,and bald eagles.Fish and Wildlife Service's National Wetlands Inventory map approximates 192.8 acres of wetland habitat within the parcel, described as freshwater forestedlshrub wetlands,freshwater emergent wetlands,estuarine and marine wetlands,estuarine and marine deepwater,and a number of freshwater lakes and ponds. Kelp beds occur along the perimeter of Long Island,which provide a productive and dynamic marine ecosystem.This continuous kelp provides important juvenile fish habitat that could bolster Injured commercial„sport and subsistence fisheries„particularly salmon fisheries.. Long Island is currently uninhabited and has no residential or commercial facilities,but it has been Inhabited in the past.The U.S.War Department acquired Long Island from the Bureau of Land Management(BLM)in 1941 Fort Tidball„a World War II coastal defense installation,was constructed between 1942 and 1943,and gun batteries were established on the island's eastern coast at Deer Point and Castle Bluff The other operational areas were the Headquarter Complex, Burl Point,the Garage Area,Point Head and North Cape.The fort was decommissioned in 1945 and abandoned in 1947 Long Island was returned to BLM jurisdiction in 1956 and eventually reserved for Native selection under the Alaska Native Claims Settlement Act(ANCSA) In 1971. Long Island was transferred under ANCSA to Leisnoi„Inc.Remnants of the defense installation are still present and visible on the Island.The U.S.Army Engineer District conducted site Inspections and restoration activities on Long Island between 1986 and 2003.Abandoned roads provide access for hiking on Long Island. 2 1 P Page 42 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Gnat Land T_rust!Exxon Valdez Oil Spill Trustee Council Habitat Conservation Projects Kodiak Island Borough Regular Meeting,October 1 2015 LaeatlenMap Wand � %l (III Aftowk 17� r� r �1 0 Lelsnoj Inc.Land-Long Island March 3,2015 LaWia l<Swfamo�r.Ko"cov awwnaa w� Appro*=1a Lapel Dauriplbn L Acnfne- Lots 1 A 2 of Sediom a and S.Lot 2 aM a portion of Lot 1 of Sacbm 9,and jot 1 of SeeboM 7 and A of T2K R 1&W, Sawed Merl I ,and Let 1 of Section 1,12.13.„and 14,,and Lol 7 of Sewn 11 of T2ES.ROW.s.LA„aed looted n Ihs Kodak IslwW Baronnph,.Kodak Raton*p DWrK Alsaka.cortak ft 1,193 a m„more or leas. A Greaf Und r” aVOS rae►:,1rMerftlanen�► 3! Page 43 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Great Land Tru U Exxon Valdez Oil SOO Trustee Council Habitat Conservation Protects Kodiak Island Borough Regular Meeting,October 1.2015 Zvi I all IIIII�I i Page 44 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. at Land Trust!Exxon Valdez 011 III Trustee Council Habitat Conservation Pro acts Kodiak Island Borough Regular Meeting,October 1.2015 Termination Point Project Description Termination Point parcel is located at the end of Monashka Bay Road near White Sands Beach,a 12 mile drive from Kodiak.The parcel is undeveloped and trailg leading to the parcel are accessible via the road system.The Termination Point parcel contains approximately 4 miles of convoluted shoreline that is characterized by rocky clilfs and protected beaches.The parcel consist of rolling wooded uplands to an elevation of 500 feet.The uplands of the parcel are covered with Sitka spruce and have an understory of shrubs and grasses.Termination Point serves coastal wildlife communities such as sea otters and birds identified by the EVOS Trustee Council as Injured species- The productive intertidal area and the adjacent Narrow Strait are important feeding areas for Marbled Murrelets and Pigeon Guillemots,as well as other manna birds.The mature Sitka spruce forest of Termination Point otters prime nesting habitat for Marbled Murrelets,a species for which recovery has been difficult to determine.A number of other Injured Species would benefit from acquisition of the Termination Point parcel,,Including sea otters,Pelagic Cormorants,MUlitz's Murdet,and Pigeon Guillemots.Conservation of the Termination Point parcel would provide permanent habitat protection for these species and assist the EVOS Trustee Council in reaching and maintaining its recovery objectives irnhe Kodiak Archipelago The parcel would add another 1,080 acres to public lands in the area and contribute to recreation and tounsm,which were identified by the EVOS Trustee Council as an Injured Service.The parcel possesses high recreational qualities for the residents of Kodiak because of its proximity to town and road access.The area is used by the public on a regular basis for both beach and existing trail use and is popular with local hikers. The property is at risk of being logged or subdivided,or both.Protection of this parcel will prevent habitat loss and fragmentation and would ensure that residents of and visitors to Kodiak would have access to a popular coastal recreational area. Page 45 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Great Land Trusts Exxon Valdez Oil Spill Trustee Council Habitat Conservation Pro acts Kodiak Island Borough Regular Meeting,October 7 2015 LecMhn Map Kodiak Kodnt s �rF A d J fM1 � 2 , Leisnol Inc.Land-Termination Point March 3,2015 Lwvo r„w S.P.Dwrwr:,Kom carp au b uemee o.ner AppmakruL Lapel Veser4glan A Acnsyr. TmO C N T27S.R19W.Seward Marklim.and located in Qm Kaiak hlsnd Borough.Kodak A— jig pishM.AWka.uxrdshing I,BBS sass,rnors wkase, [Larld Fmal A . EVDS HaWisl Prkddt&don` Page 46 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Great Land Trustf Exxon Valdez Oil Spill Trustee Council Habitat Conservation Prolects Kodiak Island Borough Regular Meeting,October 1.2015 I girl m� Photo:Termination Point coast Photo:Trail and coastal for habitat ii! jar' Photo-Termination Point and coastal wetlands Photo Coastal forest and wetland habitat 7 Yh..sh±:m Page 47 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. DRAFT Timeline for Exxon Valdez Oil Spill Trustee Council Projects Leisnoi,Inc.and Kodiak Island Borough Prepared by Great Land Trust,on behalf of the Trustee Council Spring 2014—Great Land Trust(GLT)completes initial habitat prioritization on behalf of EVOS Trustee Council for entire spill area from Prince William Sound to AK Peninsula. Summer 2014—GLT initiates outreach to key landowners with high priority parcels. Late Fall 2014--GLT contracts two appraisals on Termination Point and Long island after many discussions with Leisnoi,Inc.indicating interest in conserving parcels and AK State Parks'interest in accepting properties. Winter 2014—Appraisals contracted(timber cruise and valuation);conceptual agreement on projects reached with Leisnol Inc.,EVOS Trustee Council,and AK State Parks. Spring/Summer 2015—AK State Parks declines to accept projects;outreach begins with Kodiak Island Borough. Proposed project now consists of a conservation easement being held by KIB over lands owned by Leisnoi,Inc.at Long Island and Termination point Both parcels will be open to the public,except for a small portion of Long Island. Fall 2015-KI B requested to pass resolutions of support indicating interest in completing the projects,pending the completion of significant due diligence. Late October 2015—Draft conservation easements completed by Leisnoi Inc.,KIB, and EVOS Trustee Council,making completion of the final appraisals possible. November 2015—EVOS Trustee Council votes to consider funding of both projects subject to completed appraisals and due diligence, Winter 2015—Leisnoi,Inc.Board and KIB vote to consider EVOS Trustee Council purchase and sale agreements for both projects,subject to due diligence. Dec 2015-summer 2016—Extensive due diligence completed for both Termination Point and Long Island including title review and hazardous materials assessment. Fall 2016—pending successful due diligence and agreement by KIB,Leisnoi,Inc.and EVOS,transfer of conservation easements and management responsibilities of Termination Point and Long Island to KIB. Page 48 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Ko&ak Island Borough OFFICE ofthe MANAGER 710 Mill Bay Road,Room 108 yr'C Kodiak,Alaska 99615 l Phone(907)486-9304 Fax 90 486.9374 � � _ ,y � E-mail pllla�N r��k��,,.an.11,w,vip�mpglllyai,V,U^,mud. To: Kodiak Island Borough Assembly, ]erroll Friend, Mayor Through: Bill Roberts,Administrative Official From: Duane Dvorak, Resource Management Officer Date: October 6,2015 Re: Postponement of Resolution No. FY2016-13,supporting negotiations between the Borough and Leisnoi Native Corporation to develop the terms of a conservation easement for habitat preservation and public access on land at Termination Point. The assembly postponed action on the above reference resolution at the regular meeting of October 1,2015. Assembly members had expressed questions about the process and the implications of creating a conservation easement at Termination Point. The assembly postponed action on the resolution in order to provide an opportunity for Great Land Trust to respond to the questions that were asked at the meeting. Staff would also take this opportunity to provide additional information relevant to the conservation easement discussion from a borough policy perspective, in order to provide additional information for the assembly to consider. In preparing this memorandum, staff has primarily relied upon the adopted 2008 KIB Comprehensive Plan Update and the Kodiak Road System Trails Master Plan (2011). According to the comprehensive plan,the area at Termination Point is identified for Conservation use. This is a policy designation; however in this case, it does correspond to the C-Conservation zoning district standards which are currently applied to the property. The zoning allows a variety of natural resource extractive uses including timber harvest and mining. It also permits low density residential (on a minimum size parcel of 5 acres), farming, lodges and other potential uses. Page 49 of 124 Conservation Easement for Habitat Preservation and Public Ac.- AGENDA ITEM #2.c. Page 2 or2 According to the 2008 comprehensive plan, Leisnoi, Inc. owned 73,146 acres of land at that time. Most of this land is located on the Kodiak road system. This represents 1.6%of all borough uplands broken down by ownership percentage. Only a few years ago,the Kodiak Island Borough and Leisnoi, Inc. were in negotiations for a land trade or conservation easement that would have provided for public access to Leisnoi lands along the road system. These discussions included Termination Point,as well as Roslyn Beach, Silver Beach and the Olds River. These are identified as high value recreation lands in the 2008 KIB Comprehensive Plan Update which identified the lack of public access to these areas as a potential issue going forward if Leisnoi were to fully assert their private property ownership rights. The plan also talks about the need to make more land available for residential development, however no specific lands were identified and the reference to native owned lands recognizes that native lands managed for shareholders might not ever be developed. ANCSA lands are tax exempt until they are developed, so it is a major decision for a native corporation to develop land. Once the lands become taxable they cannot be undeveloped and returned to tax exempt status. The 2008 KIB Comprehensive Plan Update recognizes that the native corporation land owners in the Kodiak Island Borough have the wherewithal and governance to manage their own lands. Each organization approaches this management prerogative from the standpoint of their shareholder values and wishes. In this regard, it is unusual for the local government to suggest that a private land owner subordinate their wishes and landowner prerogatives for the sake of benefitting the larger community. That is unless there is clear guidance in the adopted comprehensive plan. In this case, there is no clear preference in adopted plans for the future residential use of the Termination Point, or any suggestion that it should be preserved for this purpose. What is evident in the 2008 Comprehensive Plan, and is amplified and made specific in the adopted 2011 Kodiak Road System Trails Master Plan, is that the Termination Point area is a top priority for the acquisition of public access for recreation purposes. Select pages from the cited plans are attached to this memorandum for the assembly's consideration. A considerable amount of effort went into these plans to gather public input and to craft policies, goals and objectives that are reflective of the community's desires in this matter. Page 50 of 124 Conservation Easement for Habitat Preservation and Public Ac... 0 0 U3 m to0 m Termination Point Area om ID If r r�rq w J r Q Q u / i i"V�a � •�P r '�pL t v i Itr cs 'tea �" i r �-• . Y �A .........................••.....«...... Kodiak Warm borough•Kodiak Urban Amc Plopmd Fmma Land Um m��wwwam� !M/'1 aw��uwxwmr it romaw;�Wxnnb,o��um wxw�» t iow.www»avnuaum��mw.mwm ,",�'�wauaum �r!�cminw���muwm�w m ....... mm�m ;lrm umo su�wm�msmmww.ml • �wmswwmmwm wwu��m�m�� m Qi a A AGENDA ITEM #2.c. k�O allr Und A711 110 ills ara Illy,rllra'ai"uaPLi lll�°iP�u Work with local communities to improve public and private AD /COK/2CC/Il sewage disposal systems to prevent the contamination of private B1,A wells and the pollution of wildgle habitat and other natural resources Encourage development,of public water and sewer faaciitfes KIB/AD / CC/kc borough-wide, Support focal community efforts to maintain,Improve and CCK/rC/KIB/CD / expand sewer and water foci files,as needed, 2CC/LC 111111 , I' l ill SEE= f m uu um ; Goal:MalMofn and/or improve access to publfrrecre liana/ , Iands.including 4la Native corporation or other private larl where possible, Estatnllsh 616"rid and a process"ffaaati can be use, to identify and P&RC/P&ZC/NC/ ,pa" llize Specific areas v4h a access is sae ed 6nd d,esired by -Stakeholders corrianunlly iesldents arti t visits z. AnvesligI ate and vas ss Cne f" sibility at s cifta tools for KIB/h1C/Slakeh „ eslabfishang or requiring access;z9eferrnfrue which,tools are most apgarepaibtle for sp iIid coraalfailiens or situ ation p„"e ne s and op rtunit s and staler su�tsa aaegofiations" CDDIP&ZC/Assa y/ ll"Warrcantedo to 8blaln land or easr;ments"faa"high'°olue fVC recrogtlou a9 Bea ads averaed Oy jh6 Lelsrnoi 146fiv'e Corporation. Goal:Ensure the long-term viability of and maintain a high level of quality of the recreation experience In Kodiafdfor boat, residents and visitors. Identify potential sites for marine parks that are located near, A5P/KhtMFYa heavily used recreation areas, Evaluate and identify those lands under Borough ownership that .P&RCIV MI"Il ZC would be appropriate for parks and recreation facilities,"with a goal of a comprehensive Parks and Recreation Plan to guide future decisions. Review urban areas for potential neighborhood and pocket CDD1 O&ZC/PE,Kz parks in areas of growth,Establish requirements and/or incentives to reserve land.build and maintain faci!iiNes i Develop standards for playground equipment and related P& C/ &ZC/EF improvements to ensure the highest"d 'degree of utllily at the lowest reasonable cosh Goal:Ensure that commercial recreation and tourism and i private recreation activities minimize adverse Impacts on the environment and other private landholders. i Evaluate the impact of commercial recreation and tourism ADF&GlKodlak development on sensitive fish and wildlife populations and their National Wildilte habitat,cultural resources and water quality. Relic /KNMWR ,g godEaki l and OROUGH amoaaiiw�o move l cup, a Page 52 of 124 Conservation Easement for Habitat Preservation and Public Ac... 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N�O�m!Ugmllas dlUmmflnJrwllanlA,m,flwnulSvKK�^m'+u'flwwAM1�ku,11um0u:a,.lareimtl�"vmnU,we. m&a•IluarAiw;wu 0�mx�ua k'llltll'p wiwm.R.11uu lR',M,rv:n @;rvmaJl RN llu!IIIk0lh,W,,ixflc Sam � Illw nkN tt'.mmmil'xiwxklllww"'nmweinromlluv�nxdwmrP'�ilk"m^ft�+ma�IMav�.lp�i+��uvnp� a r AGENDA ITEM #2.c. October 6,2015 Kodiak island Borough Assembly 700 Mill Bay Road Kodiak,Alaska 99615 BOARD DF DIRECTORS MONYWC-1mumn Ower (pear Members or the Kodiak Island Borough Assembly: mk Lerebm V#M MET As a representative for the Exxon Valdez Oil Spill JEVOS)Trustee'Council and facilitator ShAUDUff of a potential Termination Point conservation easement(Resolution M- 016-23),Great r4rugWrre Land Trust(GLT)would like to respond to questions from Assembly members and L-ItNt Straub provide further information about the project to assist you with your decision-making Awranry process.We appreciate the opportunity to present you with this Informadon and iohn Ualier welcome additional questions or opportunities for discussion, mnkutaa UM4 P44 Foremost,Resolution FY2016-13 would not authorize anything except expression of the Kodiak Island Borough's Interest In having conversations with Leisnol,Inc.and EVOS rAdnne Smith representatives to explore the possibility of the Kodiak Island Borough holding the Jim stmtqm conservation easement. We would anticipate working together in the months to come Ken Mirkir to better ascertain and esta bitsh each of the parties'needs and Incorporate that into a final docurnent,which would then come before the Kodiak Island Borough Assembly for STAFFMEMBERS a vote before It could be Implemented. niMrWord Elffudo&NUM, There have been several questions about what the role of GILT,the Kodiak island D"EMitchell Borough,and Leisnol,Inc.would be If the Assembly were to ultimately approve holding a conservation easement on Termination Point,with fee title being retained by LeIsnol, Inc.GLT has negotiated over thirty conservation easements,many of which have Involved public entities.Each conservation easement Is an Indlvidual contract between Awdo QWma-0zd&an parties—this time between the Kodiak Island Borough and Leisnol,Inc.In order to be cwwvwe;nor panwJff eligible for EVOS funding,the conservation easement would have to protect the property in perpetuity from subdivision and other development,while allowing for public access and trails. Although EVOS would have a role In approving the funding and provides the basic framework for the conservation easement,the final details contained in the conservation easement would be left in the hands of LeIsnol,Inc and the Kodlak island Borough. Tmi H*rm LandstnMe As mentioned a have,at a min 1 mum the conservation easement would require that the property be maintained In a natural state. In many of our past projects,local volunteers CONTACT US or organizations assist with monitoring and upkeep of the property,which could lessen Prt no%lot 272 the Kodiak Island Borough's costs related to the property.In our past projects,the Ancharage,AK995nt management costs have been minimal,especially when the property Is adjacent to lands already held by that entity,as is the case with Termination Point. (9Q?)27fl-4"8 Several members of the Assembly have asked what will happen If the Assembly does not approve Resolution FY2 OIG-13 at Its October 15,2015 meeting. This resolution Is needed prior to the upcoming Trustee Council annual meeting on November 12,2015. in order to get approval from the EVOS Trustee Council,we need to assure the Council that we have an entity that is willing to consider holding the easement.Approval from d4 Page 57 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Ow EVOS Trustee Council would mean that we could lock in the appraiised value,While GL'r wouid certainly explore other o1p:tions if the Kodiak Island Somogh didn't approve Resohitlon IFY2.03.6-13,It wouliJ affect 1prnj:T.t tinning,obtaliping a Final appralsall and ulfirnately the chances of thii:!projiect happening. BOARD 0MRIECTOMI It the Kodiii:ilir lslancl Borough approlmd Resolution FV202.6-13 but couldn't corne to,terms IMF MCCAKImma k"Anir an the conservation wen ment,the-funding allocation frorn the rru%tee Councill,lF MA 1.&khWr' approved,Ypould be returned,ta the EVOS himbitat acqkAMflon fimd."rhis resollution VICCO'lar provides no obligation Dn4he part of fire Kodiak Borough to ciornlip taterims an the shlrk4ftff conservation vasernent., Thwwwr QZhArsimub We al:preciate ycwr corisfider,110ori of thN letter avid would The happir to provide irrilarp... "m any finformation,if requested. juhm hker MIATU10m Slnicerely, Qauvh Ba PhIll Shelplimird EXecutlihm.Dlirecftw SAFF MEMIDER.115 1441MMOward &ftvdwMmr.bw U.nemikAdIl Onme'vatka Vardwr XIMSeAMIM AB rSu ftopum Mvchm, Auffin,Qulym-MA&via Cunw,naiwa Ps*dl Abaytr Mvumn Rub:m nrl�fqwwmk Emonhahaur Libby Mapek Mke Avanager ACU1111dallifln 140rhAlamw It"IINwydcun LaadSft%V"1 Vev, Page 58 of 124 Conservation Easement for Habitat Preservation and Public Ac... P.O. AGENDA ITEM #2.c. AuPUDON Box t lakp AK 99615 October 6tb,2 To;Kodiak Island Borough Assembly,Manager and Mayor From:Kodiak Audubon Society Rea Resolution for Termination Point Conservation Easement Dear K10 Assembly members,KIB Manager,and JOB Mayor, Please allow the u is process to continue by ass the resolution to enter Into negotiations for a conservation easement for Termination Polar, I am making comments on behalf of the Kodiak Audubon Society,founded in 1902 and the oldest most active conservation organization in Kodiak currently with over 100 members.Our fission Is to conserve Kodiales natural ecosystems focusing on birds,other wildlife,and their habitats For the benefit and enjoyment of current and future generations.For over 20 years,we have been strong advocates for hiking trails.We published our own,very popular"Kodiak .Audubon's Hiking and Birding Guide"that we have been selling for 12 years that describes the any wonderful trails accessible from our road system.wring the summer months,we promote our Summer Puking Program where our volunteers lead free,guided hikes each Saturday an Sunday from early June through August, Our membership has long supported the preservation of Termination Point and the acquisition of this important property from Leisnoi Inc by the Exxon Valdez Oil Spill Trustee Council Habitat Restoration Funds Over the last 15+years we have circulated petitions that were signed by hundreds of people when Termination Point was threatened. Now,before us is an opportunity of a lifetime to permanently protect that area for the long-term benefit of the public We don't understand the argument from some assembly members that they don't want to "lock u 'any more land on our road system.The conservation easement opens the land to everyone for recreational use,Because the land is presently privately owned,the landowner could choose to close it to public access at any time.This has already happened In the past at Chinfak on Leisnol Inc,land and other lands they own along our road system.One assembly member was concerned that already much of our island is within the Kodiak National Wildlife Refuge and why would we want any more public land?As you know,we can't drive to the Kodiak National Wildlife Refuge because it is not contiguous with our road system.Unlike Termination Point that is ri ht at one and of our road system,you can only access the refuge lands via expensive travel by plane or boat.That excludes most of the public from ever recreating there. Leisnol Inc,has the right to earn income for their shareholders.It is unfair for t the borough to restrict Lelsnol Inc.from developing their land the way they choose.In this case®they have chosen to consider the terms of a conservation easement to be purchased with the funds from the Exxon Valdez Oil Spill Trustee Council Habitat Restoration fund.This choice is a win-win situation for everyone.Lelsnol Inc.retains ownership of the land while generating income by not developing or logging it The KIR maintains the status quo access for the people and under the caveats of the EVOS Trustee Council agreement the pristine nature of the area and its natural resources are preserved. Page 59 of 124 Conservation ent for Habitat Preservation and Public „m AGENDA ITEM #2.c. I cannot stress hard enough at a unique piece of lan this is for public recreation,As you know, ost of the land along our road system is privately owned. Besides Fort Abercrombie State Park and the ear Island Parks,there are no other public lands on ur road to it developed trails.The only other large parcel of public land is at the end oft the road at arro ape and that also has access restrictions and has been heavily Impacted evelo eat of the Kodiak Launch Complex. Ifsome of the assembly a ers wonder why they haven't heard much from e public about this,it is because most everyone thought this was such aria brainer,that naturally the Borough o jump at the chance to manage the conservation easement an Insure public access to one of the most beautiful places and popular hiking areas on the road system. How ill you feel if you vote down the resolution to proceed with this once in lifetime opportunity and 5 years down the road we are looking s at Termination oin Will you really want that to be your legacy?Do you think e people who had the foresight and iso to set aside Central Park In the middle of Manhattan In e York I 160 years ago would regret that decision if they were alive today? We encourageyou to move forward with the nextstep with a resolution to supportthe acquisition oft the Termination Point property conservation easement while this offer is available. With e expert el rte Great Land Trust brokering the easement agreement e ee the Exxon Valdez Oil Spill Trustee Council and Leisnol Inc.and amminE the costs and all the work for due diligence,it would be a shame forte KIB to pass sip this unique o por u i for the good oft the Kodiak ic. Sincerely® Stacy Studebaker Kodiak u u o Society Conservation Committee Chair Box 175 Kodiak-AK 99615 Page 60 of 12 Conservation t for Habitat Preservation lip ... AGENDA ITEM #2.c. Javier Nova From, clau is<claar iaa.a hotrnaiL Sent. Tuesday,October 06,2015 10.24 AM Tot Clerks Subject: Tar ination Point and Long Island ova®could you please pass the following on tote Assembly members?Thank you. Dear Assembly Members, 1 do support our Borough accepting the incredible opportunity presented to it from oil spill litigation funds. Land is very valuable. Public access is valuable.Termination Point and Long Island are offered as GIFTS with the only restriction being we don't trash them or turn around and sell them off, These gifts would last well beyond our grandchildren, Leisno members thought long and hard about this.They recognize that the logging activity at Chiniak t very little value to our community. The offering of Termination Point and Long Island is a in in situation.Pitt the least,please all.w negotiations to go forward.L is have the opportunity to talk about this. Thank you for your consideration. Sincerely® Claudia Anderson Page 61 1 of 1 Conservation r Habitat Preservation lip „e AGENDA ITEM #2.c. ----OriBinal messne--- F'rorn:dlaudIia Imail to:cllaudlaa,a)r@d-iotirnallU,comI Seft nisesday,October 06,2015 6,57 AIA To.-Clerks Suhject:Termination I:Point and Long Island Nova,could you please Pass the following on to Rie AsseirnblV members?"n-tankyou., Dear Assembly Members, I do support.otir Borauio, accepting the Incredible opportunity presented to It from oU spill litigation funds, Land is very vaWable. PubIlc access Is valuable.Termination lPoint and Long Wand are offeire and as GIrTS wit IN the anily restriction h:Or%we don't trash them or turn around and se III th ern off,, The,5egiftswouid last well beyond our grandchildren. II irnembers thoue'ft lasing and hard about this."rhey recognize that the legging activity at ChWak brought very lRde vaIue to our con-ununity. "i"he offering of Tern h-iation Point and Long Island is an veln/winsituaflcorn,At the least,piease allow negotiations to Sao forward.Let's have the opportunity to talk about MIS., illw A Vou for your consider tion., SInceir0y, Oaudia Anderson Page 62 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Stash Anderson Box 310 Kodiak AK 99615 tosh aC@hotm ila Q 90-7 654 3674 7 October 2015 Mayor and Assembly Members Kodiak Island Borough Re.An opportunity to have your"Cake and Eat it Too", Mr.Mayor and Assembly Members I am requesting that the KIB move forward with negotiations to hold the public access easement that is offered by Lesnoi paid for by ES litigation funds. I see this as an opportunity to"HAVE YOUR CAKE AND EAT IT TOO". There will e a minor cost to the KIB to hold the easement and that can be identified In the process of negotiations, For the Lesnoi shareholders and the publics recreational value of the lands will be maintained. This has both esthetic and economic value to the community. Having access to these temperate rain Forests adjacent to our community will only make our growing tourist industry more attractive. For the Lesnoi Corporation and its'shareholers receiving these funds will provide capital for investment now and in the future that will benefit the economy of our community. 1 understand in these times of reduced funds available to our State Government it is prudent to be cautious of expenditures but urge you to try to bring the offered EVOS funds Into our community and at the same time take advantage of maintaining and improving the quality of life in our community. Thanks You Stosh Anderson Page 63 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From- mygarden@alaska.net Sent: Tuesday,October O5,2015 SAO AM To: Clerks SuubJe (Long Wand and Terrninabon Point Dear KIB Clerk, Please share the following statement from Marion and Marty Owen with all N8 Assembly members. Thank you! We strongly recommend that the KIIIB Assembly support a resoluutiDn to allow the public Iprooess to proceed for the conservation easements at tong Islam and Termination(point. We believe the Assembly should move forward with negotiations and eventually assume management thus Protecting these lands frurn deveOopment for future generations. This opportunity siuouu�d not be passed up w-the option is logging which forever ruins the natiwral beauty and ecology of the land. Please allow the fuoblio process to continual Sincerely,Marty and Marion Oweru Page 64 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier Frog; Hans Tschersich cxrayhans yahoo.com> Send Monday,October 65,2615 9:11 PM To: e clerk o iak.a ,us Subject, orou should assume Termination Point guardianship Please forward this letter tote members of the Borough Assembly,I will be off the Island and unable to comment during the meeting by phone or in persona Dear Members of the Kodiak Island Borough Assembly: As a long time Kodiak citizen and Audubon hike leader I cherish the unspoiled mature and beauty of the Termination Dint area.As a kayaker and naturalist I am well aware of the exceptional environmental d wildlife qualities of Lon Island. Therefore I strongly are the members of the Assembly to accept the unique and valuable offer by the administrators of the on-Valdez settlement agency. They offered to buy a conservation easement for natural restoration and recreational use of tee lands and thus prevent destructive clear cutting of i ere As I understand the deal,Lesnoi will remain the owner of the land but it will be saved for the enjoyment oft the wider community If the borough accepts the management oft the land without Incurring further costs of full ownership or usage fees for Leisnoi. this deal seems too good to be passed up and such an opportunity ay never return, Please vote for the preservation of Termination Point and Long Island. Sincerely, Hans U.Tsc ersic Sent from lone Hans-Ulrich Tsc ersice MID Page t 5f1 4 Conservation t for Habitat Preservation and Public c... AGENDA ITEM #2.c. Nova Javier Room From. Nova Javier Sent Monday,October 05,2015 4.50 PM TO: Assembly Member Griffin;Assembly Member Le.Doux;Assembly Member Lynch, Assembly Member Peterson;Assembly Member Rohrer Assembly Member Skinner, Assembly Member Symmons,LYNCH,Mayor Friend,Rebecca Skinner Personal Cc. CASSIDY;Bill Roberts Subject Pass the resolution to enter into negotiations for the Termination Point Conservation Easement Front.Voyage Thirty-four Sent. Monday,October 05,2015 4:46 PM To:Nova Javier Cc.Stacy Mae Studebaker Subject.Pass the resolution to enter Into negotiations fort Termination Point Conserve Fzsement Dear No= Please forward this letter to all members of the KIB Assembly,the Borough Manager,Community Development,and the acting Manager. Thanks, Mike Sirofchuck Dear Kodiak Island Borough Assembly: I encourage you to pass the resolution to enter into negotiations for a conservation easement for Termination Point. For many years,Kodiak residents have worked to preserve this area for recreation and protect it from development,especially logging. Petitions with hundreds of signatures supporting EVOS acquisition of this area have been sent to E in years past. Community support has been focused on EVOS because this is the body who was regarded as having the funds to acquire either outright title or a conservation easement to the area. I have not confi rmed this,but I believe that the KIB Assembly has passed at least one resolution supporting the EVOS acquisition of this area for habitat preservation. If you have not heard from the public as much as you think you should have,it is probably because most folks,myself included,assumed(mistakenly)that you understood the strong local support for preserving Termination Point. As was the case for Shuyak Island State Park,support for preserving Termination Point for recreational use is almost universal in our community. There has been some misuse of the to "locked-Lip"in relation to land issues recently. Land That is open to use by the public is not"locked-up";rather it is open for all to use-guaranteeing access is"unlocking" the land. Private ownership of land which restricts usage by the general public is the correct definition of"locked-up". If a landowner chooses to restrict or deny use of their land,then the land has been"locked-up." I feel that charging fees for access and activities on privately owned land is a form of"locking up"that land because it restricts access to those who can afford to pay the cost of access, If you have ever been to Scotland,you know how large are of land and river banks have been effectively priced out of the common man's ability to afford access. We cannot allow that happen here. A conservation easement for Termination Point creates universal access at no charge. In regard to other areas: Long Island is accessible only by k nyak,boat,or plane-trot everyone on the road system can access it easily. Page 66 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. The Kodiak National Wildlife Refuge is not accessible from the road system and also requires boat or plane access.It is not"at our doorstep"-it's quite a ways-away. In fact®the only large block of public land on our road system is the Narrow Cape area and even that has access restrictions thanks to the currently dormant Pacific Space Complex-Alaska. Termination Point IS accessible to every person on the road system;users do not have to charter transportation to enjoy this wonderful area or need anything more than a car or a ride from a friend to get there. any people ride their bikes out to the trailhend. The trails in this area have been used for decades-I first hiked there in 1987 and have hiked there many times and in all seasons-almost always there are other people hiking in the area. This is an extremely popular and well-used area. This one area has so many habitats and is so beautiful that most of us consider it the most important place to show visitors. We must preserve it for our community. Long considered the crown jewel in Kodiak hiking,I am surprised that the Assembly is not jumping at the chance to preserve this area for use by local residents and visitors and prevent it in "locked-up"by the current land owner. Entering into negotiations requires no commitment on the part of the KIB and it is my understanding that the purchase of the casement will not require KM funds. This is a win-win situation for our community and I encourage you to move forward and pass the current resolution. Sincerely, Mike Sirofchuck Kodiak Sent front my turquoise Princes%rotary phone IiL Page 67 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From- Patfpck Holmes <Ik12.jpath@gd. t> :karat: Tuesday,October 06,2015 5:54 P To, Clerks;aaro n,gdffun Mbassernb1y.oir ,Ilarry.leda ux kibassemblly.org, rhris.�yrich ilbasseinlbo y.or p franklpeterson lkibassembly.oir „ dan.rohrer Ikibasserniaiy.or ;relbecea,skinner kilbassernbly.oa g dennis.syrnnmons ukihassembo y.oirg;jetrall.fdend@kibassembly.org Swu J : Support for'Terrn'inatlon Pt.Easement Hello,folks. Patty and p would uld like to support the concept of a conservation easement for Termination Point. We understand that Exxon Valdez Oil Spill Trustee Council Habitat Restoration Fund will pay for the caseirnent.A. recent chat with one of The Leisn of hoard(that I've known for a long titre)advised me that they would not logged or developed,but would be presented in a natural strata once this action this is completed. We feel that that is a great concept that should receive your full support. Our family has treasured that bit of woods for more than 40 years, As p can't ever unake a statement without a story.,I'll he brief......Recalling when Patty and the boys got lost there 36 or so years ago.Our fp year old.son,Adam and 4yr.Arroia logically rationalized the situuuntion and lead the quay hack to White Sand's 6eaeh, l was gouge"out west working and was very proud to learn latteir that "the boys remembered Borne of tray survival stories"!. The concept is a wain flair all;as folks that trda cure the area will have its continued use and Lelsnoi will be able to irnvesu the money fair their members, probably most of which will trickle down into our eomrarrauunity in many ways.. Thanks for your consideration and support. We really appreciate your hard work trying to balance the needs of our community! Pat and batty Holmes n Page 68 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From., Mary Ann Kon o<kondrokaka@rocketmai[.com> Sent: Wednesday,October 07,2015 7:19 AM To: Clerks Subject. Termination Point conceml Dear City of Kodiak Clerk, This net elmessage is to request support of the proposal that the Kodiak Island Borough ass management of the conservation casements for Termination Point and Long Island and the resolution to move forward with the negotiations. Your assistance in forwarding my message to appropriate parties will be muchly appreciated. Mmy Ann Kondro 2267 Forest Drive Kodiak,AK 99615 907-518-1704 Sent from my Whone Page 69 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. I Nova Javier From. Peggy IRaaw off<pmawawoit mraaill,caama> Sent Wednesday,October 07,2015 9:01 AM Top Clamps Subject Termination Paint contemn Dear City or lea d lak Clerk, 'The f6flowing is to request: Support of the proposal that the Kodiak Island Borough assume management of the conservation easement for Tennination Point and Lang fsi aai and the resolution to move fa near l-with the negotiations. Best Regards, Peggy Rauwolf m Page 70 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From- Carol Hult<huitCraffn grnsiLcorrn> Sent: Wednesday,October 07,2015'9:52 AM To: earorr.gritffuuu ki sssernlblly.orgo Ilairry.umrtouuu ulkibassembUy.orga chiriflynch@kituassernbly,orgo ffrarnk pet irsorn@ kilbasserrubllyorgt rtan,rohrer WbassemWyoorgp irebeccaslkinner kilbassemlbly.org; uffennis,syur mops ukulbsssemlbiy„orgo jariro�.friend@lkilbassembly orge Clerks Subject: Nease continue negotiations for the Termination Point conservation a se roent Dear Borough Assembly members, As a Kodiak resident,II urge you to keep alive the opportuunhy to preserve Tennination PoW for its true value recreation,habitat,and natturaII beauty. Please vole'YES to support the resolution to allow the public process to proceed for The eonservadon easement being negotiated for Termination Point. Carol Hult 907.539M91 u Page 71 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From: Randy Busch enorthemerneirald0yahomcom> Sent: Wednesday,October D7,2015 114 AM 'To, aaron.9dffln@kJbassemMy,org;larry,ledoux@kibassernblly.org� chris.lynclOkibassembly.org;tirank.peterson@lkilbassemb y.org, clan,rohrerOkObassernbly.org;rebecco.sk uiner@kibassembi.y.org; deiinis,symimons@kibassemb�y.org-,-.jerrol.froend@IlCobassembly,org Cc Clerks Subject- Termination Point Conservation Easement Resolution Dear Mayor,Assembly Members and Borough Manager, i would first like to Onink you for passing the resolution In support of negotiations over a conservation easement on LongIsland, At the same time,I am deeply d1sappointed that you did not Include Terminakion IPointt in that resolution. I urge Von to pass a similar resolution in support of negotiations over a consemallon easement for Termination Point. My husband and I have Uved in Kodiak W 45 years,and we have spent many days hiking and exploring both the Termination Point area and Long Island, We have been fearful for several years that these wonderful areas could be lost tothepublic. Now is the opportunity to protect them for the use of the Kodiak cornimunky. Along with many other people who fill led the conference room and hallway,I attended the assembly work session when the 6 reat Land Trust irn ade their presentation and was pleased and excited that the discussion seemed so positive. Many of us did not speak because several people had already elegantly done so,and we did not want to waste Assembly members'firne with repetitive comments. Now It seems that we will all have to line up at assembly work sessions air meetings and Individually testify, After reading the article In our local newspaper,I am confused by assembly members'comments that were quoted. Going ahead with negotiations to acquire conservation easement rights forTennination Point so the public can access these areas seerns to me to be opening up land to the public that is currently privately owned. If this arrangement Balls thraulgh,I have heard that logging will take place In the next few years because iLesnol will need to generate income, I cannot believe that anyone an the Borough Assembly wants to be responsible W allowing the loss of this special area for the people of Kodiak, Please,please seize this excellent opportunkyl Respectfully submitted, Randy Busch Kodiak Page 72 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From Mary Lukens<rnklukensD1 gmaiLcom> Sera Wednesday,October 67,2015 12:09 PM To,. Clerks;aaronog6f n klbassernbiy.or ®la .ledoux kibassembly.org® frank.peterson kibassembly.orga dan.rahrer kibassembly,or a rebecco.s inner kibassernbly,org,dennis,syrr mons kibassembly.org® chfls.lynch@kibassembly.org.jurral,friend@kibassembly.org Subject: Termination Point Conservation Easement I would like to encourage all of you to support the public process in continuing the conservation easement negotiations forTerrnination Paint.As I understand it,the Borough would act as land managers and although Lelsnol would own the land,if the easement is granted,Exxon would pay them to NOT develop it and the lead would be permanently protected. Sounds like a win-win to rare. Since marry In Kodiak would enjoy accessing this area for hiking and recreation, it would be to the advantage of our whole community to preserve its natural beauty for today and future generations. Please consider the importance of this vote as I can only assume Lelsnol will consider logging It,unless they are paid not to lo& It would be a shame if we allowed this pristine wilderness,close to the city,to be stripped bare similar to C iniak, Thank you for your consideration on this Issue. Mary Lukens Kodiak Resident 1� Pugs 73 of 124 Conservation m n for Habitat Preservation and Public ... AGENDA I . . Angela MacKenzie From: Dan Busch <cohokodiak @gmail.com> Sent: Tuesday,October 06,2015 9:57 PM To: aaron.griffin @kibassembly.org;larry.ledoux @kibassembly.org; chris.lynch @kibassembly.org;frank.peterson @kibassembly.org; dan.rohrer @kibassembiy.org;rebecca.skinner @kibassembly.org; dennis.symmons @kibassembly.org;jerrol.friend @kibassembly.org [c: Clerks Subject: Termination'Point Conservation Easement Fallow Up Flag: Follow up Flag Status: Flagged Dear Mayor,Assembly Members and Borough Manager, After attending the work session when Lesnoi and the Great Land Trust presented their willingness to work together with the Kodiak Island Borough to create conservation easements on Long Island and Termination Point,I thought that the comments from Assembly members were mostly quite positive. I am surprised that the recently passed resolution only includes Long Island and cannot believe that there is any hesitation about doing the same for Termination Point. This is a win-win situation. There is money available from EVOS to purchase the easement,Lesnoi can realize some profit from their land without having to log it like In Chiniak,and the people of Kodiak will have two of the most loved recreational areas protected for our residents,visitors and their descendants. Don't be the Borough Assembly that let this chance go.Please pass a resolution in favor of negotiating a conservation easement for Termination Point. Sincerely, Dan Busch Kodiak t Page 74 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Ancilela MacKenzie Subject: FW:Termination Point -----Original Message----- From:My Email[mailto:thecoens @sci.netl Sent:Thursday,October 08,2015 9:28 AM To:Clerks Subject:Termination Point To the Borough Assembly: We support the resolution to allow the public process to proceed for the conservation easement that is being negotiated for Termination Point. Alice&Steve Coen 3085 Bay View drive 1 Page 75 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA I .c. Angela MacKenzie From: chocolatelily @hotmail.com on behalf of Shelly lawson <shellyrlawson @gmail com> Sent: Tuesday,October 06,201511:58 PM To: Clerks;jerrol.friend @kibassembly.org;dennis.symmons @kibassembly.org; rebecca.skinner @k'ibassembly.org;dan.rohrer@kibassembly.org; frank.peterson @kibassembly.org;chris.lynch @kibassembly.org; larry.ledoux @kibassembly.org;aaron,griffin @kibassembly.org Subject: Public Comment Follow Up Flag: Fallow up Flag Status: Flagged October 6,2015 Dear Borough Clerk,Borough Manager and Borough Assembly, My very first hike on Kodiak Island was to Termination Point in 1996.1 was in awe of the beautiful overlooks, beaches,wildflowers,dense forest,moss,giant Devil's Club,signs of wildlife and also the people that I encountered on the trail. Anyone 1 met on the trail greeted me with a welcome smile as they themselves were also having a wonderful experience. It continues today to be one of my favorite hiking areas. For example,it is where I chose to hike on my birthday this year with my friends and family. I usually always encounter people when I'm hiking to or in the area of Termination Point.Most other hikes I go on it is rare to see others. This is a testament to how popular this area is for recreation for community members. I was surprised to hear that some members of the assembly are opposed to the incredible opportunity to secure a conservation easement for this area. I feel this conservation easement is a win win. The community of Kodiak cherishes this beautiful location as a destination for hiking,camping,exploring and more. The Borough has the opportunity to gain access to this land for the community thus securing it for our enjoyment and at no cost to the Borough.This private land is Lesnoi's and as a corporation I'm sure they have goals to make money for their shareholders. Lesnoi would have the opportunity to receive payment for providing this access(with payment provided by the Exxon Valdez Oil Spill Trustee Council Habitat Restoration funds). Other positive outcomes: Lesnoi may benefit from some positive publicity in the community by opening up this land to the public;this cherished area can be protected from a potential timber harvest like we've seen in Chiniak;people can recreate on this land without worrying about getting or not having a permit. This opportunity for a conservation easement is something to celebrate! Please I ask you to embrace this gift that is being handed to us. I don't mean to sound dramatic,this is how I truly feel. Please don't let this slip through our fingers. It would be a tremendous loss.I'm asking you to support the resolution to allow the public process to proceed for the conservation easement that is being negotiated. Unfortunately I will be in Anchorage for work on Thursday and will be unable to attend the Borough Assembly meeting to share my opinion. I wish I could be there in person.Lastly, I would like to offer that if any of you 1 Page 76 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. have not ever hiked to Termination Point or have not been in a while, I would be happy to walk with you there so you can experience it and also so you can see the variety of people out enjoying the area. Thank you for taking time to read and consider my perspectives and for your service for our community. Sincerely, Kodiak resident and Termination Point fan, Shelly Lawson 1717 Mission Road Kodiak,AK 907-942-5409 Page 77 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: Marylynn McFarland <merwinalaska @gmail.com> Sent: Thursday,October 08,201511.19 AM To: Clerks Subject: Termination point Work session discussion Follow Up Flag: Follow up Flag Status: Flagged Please include these comments in the Assembly's packet for work session this evening and regular meeting October 15 where they will be discussing and making a decision on the Termination Point resolution. The McFarland Family is in total support of the resolution to allow the public process to proceed for the conservation easement that is currently being negotiated. This area has a long history of low impact community use and public access.The resolution before you is a quality of life issue for the residents of Kodiak. The revenue that the Borough may or may not get from future development should not cloud the fact that there are some areas on Kodiak Island not to be disturbed and Termination Point is one of those areas. Again,we are urging the representatives of the people of Kodiak to support this resolution.Thank you for your sincere consideration. Respectfully, Jack and Marylynn McFarland and family Sent from Gmail Mobile i Page 78 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: M Miller<mcmmiller @gmail.com> Sent: Thursday,October 08,2015 10:09 AM To: Clerks;aaron.grifiin @kibassembly.org;larry.ledoux @kibassembly.org; chris.lynch @kibassembly.org;frank.peterson @kibassembly.org; dan.rohrer @kibassembly.org;rebecca.skinner @kibassembly.org; Dennis.symmons @kibassembly.org;jerrol.friend @kibassembly.org Subject: Termination Point easement Dear Kodiak Island Borough Mayor,KIB clerk and manager,and KIB Assembly Members, I am writing to request that you vote to continue the negotiations to form a long term land use easement on the Termination Point land parcel.Although the upcoming vote In 10/15 doesn't guarantee a long term use easement,it is a step in the right direction. I believe this land should be conserved so that the community of Kodiak will continue to be able access and enjoy it's natural beauty.As others have mentioned,Termination Point was cited as the single most important land for obtaining public access rights by the 2011 Kodiak Area Master Tralls plan,based on numerous public meetings and many hours of public testimony.So,I ask you again to please vote to continue these negotiations for the benefit of the Kodiak community. Thank you and sincerely, Molly Miller 1 Page 79 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: Zoya Saltonstall <zoya @gci.net> Sent: Wednesday,October 07,2015 7:39 PM To: Clerks;aaron.griffin @kibassembly.org;larry.ledoux @kibassembly.org; chns.lynch @Wbassembly.org;frank.peterson @kibassembly.org; dan.rohrer @kibassembly.org;rebecca.skinner @kibassembly.org; dennis.symmons@kibassembly.org;jerrol.friend@kibassembly.org Subject: Termination Point Follow Up Flag: Follow up Flag Status: Flagged Dear Borough Assembly, First and foremost,thank you for the time you give to the Borough Assembly.I understand what a big time commitment it is and I am grateful for the hours you give to local government. I am e-mailing regarding Termination Point.I would like the borough Assembly to please pursue negotiations for conservation easement for Termination Point.This area is a favorite outdoor recreation area for so many and It is truly a one of a kind piece of land. As a lifelong Kodiakian,I would like to see this slice of Kodiak continue to be accessible for recreational use. Best wishes, Zoya Saltonstall 907-654-0860 1 Page 80 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: Mark Withrow <juergenswith row@gmail.com> Sent: Thursday„October 08,2015 8:32 AM To: Clerks Subject: Fwd:Termination Point Fallow Up Flag: Follow up Flag Status: Flagged Begin forwarded message: From: Mark Withrow<€uer en wit row _ rna l,com> Subject:Termination Point Date: October 8, 2015 at 8:15.59 AM AKDT Dear Assembly Members. Carol and I would like to add our support for preserving Termination Point.We think having one end of the road system remain pristine is in Kodiak's long term interest, Mark Withrow,37 year resident,6 year member/chair of Monashka Service Area Board;Carol Juergen,35 year resident, t Page 81 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: Don Z. <dshaker @gci.net> Sent: Wednesday,October 07,2015 4:38 PM To: aaron.griffin @kibassembly.org;larry.ledoux @kibassembly.org; chris.lynch @kibassembly.org;frank.peterson @kibassembly.org; dan.rohrer @kibassembly.org;rebecca.skinner @kibassembly.org; dennis.symmons @kibassembly.org;jerrol.friend @kibassembly.org;Clerks Subject: TERMANITION POINT Fallow Up Flag: Follow up Flag Status: Flagged Dear Borough Assembly Members I write to urge you to support the process that will give the Borough and the people of Kodiak the assurance that a beautiful parcel of land and an important recreation area will be forever protected from the kind of development that would likely leave it looking like logged areas in Chiniak.This process costs the borough and the Kodiak taxpayer nothing, either now or in the future.Such opportunities don't present themselves often.Please don't let this one slip away. While I support the need for the Borough to be active in helping make more land available for private development, Termination Point is not a good candidate. Thank You for your consideration. Don Zimmerman i Page 82 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: Robin Corcoran <robin,,,corcoran @yahoo.cam> Sent: Thursday,October 08,2015 11:50 AM To: Clerks;aaron.griffin @kibassembly.org;larry.ledoux @kibassembly.org; chris.lynch @kibassembly.org;frank.peterson @kibassembly.org; dan.rohrer @kibassemblyorg;rebecca.skinner @kibassembly.org; dennis.symmons@kibas5embly,org;jerrol,friend@kibassembly.org Subject Resolution FY2016.13 Termination Point Easement Negotiations Dear Borough Assembly Members; Please vote to allow the public process to continue on the conservation easement negotiations for Termination Point.It is my understanding that the easement would be completely paid for by Exxon Valdez Oil Spill Trustee Council Habitat Restoration funds and that Resolution FY2016-13 is a non-binding document.This resolution states that the borough will agree to discuss and negotiate the terms of an easement and that the borough could decline to hold the easement at any time prior to signing the final agreement.This is a necessary step in the process toward making a decision on the fate of Termination Point,not a final decision. Public beach and trail access are very important to both Kodiak residents and tourism. Many of the trails along the Kodiak road system are extremely challenging,and Termination Point is one of the few trails older and/or less experienced hikers can enjoy! Please take this first step to possibly prevent the beautiful spruce forest in that area from being cut down like those on Lesnoi land out in Chinink. Thank you for your time and consideration, Robin Corcoran PO Box 354 Kodiak,AK 99615 i Page 83 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: jeisemann010gmail.com Sent: Thursday,October 08,2015 12.50 PM To: aaron.griffin @kibassembly.org;larry.ledoux @kibassembly.org, chrs.lynch@kibassembly.org;frank.peterson @kibassembly.org; rebecca.skinner @kibassembly.org;dennis.symmons @kibassembly.org, jerrol.friend @kibassembly.org;Clerks,dan.rohrer @kibassembly.org Subject: Termination Point PLEASE support the resolution to keep Termination Point safe from development as well as keeping it a pristine environment for recreation.I am of town so cannot attend tonight's work session. Thanks to each and every one of you for your public service and I hope that your decision tonight at the work session reflects the majority of the publics wishes.It would be a shame to lose this opportunity to keep one of the few easily accessible recreational gems of our Kodiak community intact. Respectfully submitted, Jane Eisemann Sent from my Whone Page 84 of 124 Conservation Easement for Habitat Preservation and Public Ac... A 14GENDA ITEM #2.c. Amelia MacKenzie From* betsy lund <betsylund@hotmall.com> Sent: Thursday,October 08,2015 2:15 PM To: Clerks Subject: Letter for assembly members Please include this in tonighrs packet to assembly members.Thank youl -Betsy Lund Dear Assemblymembers After hearing and reading about some of the controversy surrounding the Kodiak Island Borough resolution regarding Termination Point,I would like to urge assemblymembers to vote in favor of pursuing negotiations with Lesnoi Inc.and Great Land Trust It seems the only valid issue is whether the community supports access to wilderness.Most other arguments I've heard against a borough- supported easement appear rife in misinformation. Instead of dwelling In the myths.I'd like to focus on why I appreciate Termination Point-In wintertime when the ground is firrn it's my favorite place to run or take my young kids on a hike.Living in Monashka,it has a feeling of being an extension of my backyard and Is easily accessible for my entire family,even our aging dog.Over the years.I've casually stumbled upon various Boy Scout troops setting up camp,awkwardly encountered Navy SEALs in training(I was lost),competed in navigational fool-races(I wasn't lost),witnessed a sow and cubs grazing ng— thankfully with a valley to buffer us—and logged my name into the guestbDok of the now-decrepit Monashka Say Inn Termination Point is without a doubt a campus for outdoorsmen. I would like to ask the assemblymembers whether they have had the pleasure of truly experiencing Termination Point land.It not,please do.To see this land used for anything other than passive recreational use is devastating to our children,already battling a nature deficit.This natural and culturally significant land is worthy of preserving Betsy Lund Page 85 of 124 Conservation Easement for Habitat Preservation and Public Ac.., AGENDA ITEM 2.c. Angela MacKenzie From: Tom Pogson <alaskakayakschool @gmal.com> Sent Thursday,October 08,2015 12:a9 PM To: Clerks Subject Please support easements for public access to Termination Point Dear Mayor and Assembly members- Rarely does u community like Kodiak get a chance to do something as positive and unequivocal as setting aside public use areas with guaranteed access to such a marvelous natural area that will benefit generations of residents, I urge you to boldly support and protect the casements for public access to the Termination Point area in question,The time to act is now, there have been many hours of public input on the matter over the years,i.e the Trails Master Plan. Thanks for your commitment to Cite quality of life on Kodiak that includes such wonderful opportunities like access to Termination Point,its trails and shorelines. Sincerely,Tom Tom Pogson PO Box 12 Kodiak,Alaska 99615 (907)299-0061 t Page 88 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie From: Tom Pogson <aiaskakayakschool @gmail,com> Sent Thursday„October 08,2015 1.06 PM To: Clerks Subject: Support(Resolution No.FY2016u13) To the Mayor and the rest of the Kodiak Island Borough Assembly- Please support of Conservation Easement for Habitat Preservation and Public Access on Land at Termination Point (Resolution No FY2016-13), Thanksll Tom Tom Pogson PO Box 12 Kodiak,Alaska 99615 (907)299-0061 v Page 87 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier From AIM M ejun perstoirm3ftmaflxam> sent: Thursday,October 08,2015 2.59 PM Clerks Su bjert: IFY 2016-13 Terrninafinin Parcel/Conservation Easement May Borough Assumbly IMe mben, My=me rs Anna Miller I%vu Imm mW rah al to Ka Nak and COM19flW 10 bc a k.I MM WVWMC RD a pnna my suppon fbw cooWnued negWaIltens In Or um a Wq Imm u-sa agreement Pov Whe TenNnakkm PoW tootcM. "renninsfion Point h;YiPluable as m remefta&P dot tin War Polkers,Lfters,WoNes,jurnft,and nallufalWa•.IN 6 nosly sommAle Voc lbwough and chy ffesUards DPW to row at Ike moriA kqx0ad and wow Owed Units on Kodiak. Nateefing this am*wdl bent ft malidents R9 KONA 1"years to COMIR 15fasse StMOVIY conswer wodUng towards l posseuvIng Inn Tau nlnalkm P Pond as a daslholWn for Kaft1k rasWenils oW theV If wnk%s Thank pw aad Sm.nelty, Amra AU er Page 88 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. NoVa Javier From: Anjuli Grantham c njuli rant a mail.com} Sent- Thursday,October 0 ,2015 3:09 P To: Clerks Subject: support easement Hello, 1 am unable to attend the work session tonight,but I want to voice my support for moving forward with the conservation easement for Tenninaflon Point, Conservation is an important aspect of borough planning one that I wish was more embraced by both the city and borough of Kodiak.Conservation enhances the livability of our island. Sincerely, njuli Grantham Page 89 of 124 Conservation Easement for Habitat Preservation Public ... AGENDA ITEM #2.c. Nova Javier From: Janet Kotwas <jItotwas@gmail.com� Sent: Thursday,October 08,2015 3:23 PM To, Clerks Subject: Tennination Point-Conservation Easement Dear Borough Assembly Members, Compared to most—I'm a fairly'new'resident to Kodiak; 1®5 years and counting. In that 1.5 years,my little family has spent any weekend days hiking the lush trails and wildemess encompassing our Emerald Isle. Termination Point,being one of the lengthier day hikes,has topped our most favorite list.The pristine views, natural habitat and recreational value,makes this out of to (but still close enough)area unique to many of us. Please consider the public's strong and worthy desire to keep Termination Point within the conservation casement. It would be devastating to our community,tourists and future generations should this land succumb tot same envirorunental issues surrounding Chiniak, Please ensure the public's interest,Termination Point's habitat should forever remain Qqdevelopcd and RM§Lerved. Thank you, Janet Kolwas Page 90 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Nova Javier Fro M. �c arthyo hotmall,com:- Sent: Thursday,October 08,2015 3;43 P To: Clerks,Nova Javier Subject: For KIB Assembly work session packet 10/8/2015 Termination Land Conservation Easement, ocx Thanks,Nova.Attached and elo is my email comment for the work session. Sincerely,Martha McKinney October,2015 Dear Borough Assembly Members, I urge you o fully support the negotiations process with Lesnol and the Land Trust regarding a conservation easement and KIB development rights fort the Termination Point land tract..Similar to our Investment In the bike trail,the conservation easement is a quality of life issue for present and future residents of the Borough. Approving the negotiations with Lesnoi by the Land Trust Is in line with the Borough's Comprehensive Plan. One need only research the input to committees,volunteering, ulic surveys used for the Comprehensive Plata;and artici ation data from Island Trails Network work,Audubon,other Kodiak groups to know that a majority of your citizens support this process,This Is the nature of Island living,one that makes life here unique,diversified,and collaborative. To miss this opportunity to guide any future development oft the lands'natural resources Is not In the best Interest of the Borough and the citizens that you represent.Don't let Lesnoi or another corporate interest eke decisions on resource development fort is historical area,which has been historically accessed by first peoples and those o followed for years and years.Just take a look at the destruction around Chiniak and on Afognak island if you need a reminder of the practices of corporate development and the actions of non- Korflaklans who harvest our natural resources. I believe that it is is uI a to consider the Termination property as a potential site for housing,taxable residential property,or business development location.The topography,lack of ater either through ells or a water system, let alone dealing with sewage and wastewater makes the cost of Infrastructure development prohibitive.Only the top 1 of residents could afford such location;and l believe adding the cost of well drilling,roads,electricity,and septic systems would narrow the number of those who might be Interested in an "ocean view"so far from town and services. 'thank you for your service on the Assembly and for listening to my comments.Please allow the negotiations to continue for the Termination Point Conservation Easement,as well as the public process,In which so many residents of Kodiak island have already participated Thank you and Sincerely, Martha McKinney PO Box 2037 Kodiak AK 99615 s Page 91 of 124 Conservation t for Habitat Preservation Public ... AGENDA ITEM #2.c. Termination Land Conservation Easement I urge you to fully support the agreement and support the development rights being held by the borough.Similar to our Investment in the bike trail, the conservation easement Is a quality of life issue for present and future residents of the Borough.Approving the negotiations with Les by tee, Trust, is is supported by the Comprehensive Plan and supported by a majority of citizens through their input in the Comprehensive plan.To miss this opportunity to guide any development of Natural resources in the best interest of the citizens of Kodiak Island. Don't let Les or another corporate interest make decisions for a historical and historically used piece of Kodiak's beauty. Take a look at the destruction around Chinlak and on Afognak Island if you need a reminder of the corporate interests and actions of non- Kodialdans. I believe that it Is misguided to consider the Termination property as a potential site for housing, taxable property, or development. The topography, lack of water either through wells or a water system, let alone dealing with sewage and wastewater makes the cost of infrastructure development prohibitive.Only the top 1% of residents could afford such a location,and I believe adding the cost of well drilling and septic systems would narrow the number of those who might be interested in an ocean view so far from town. The Borough has yet to support bringing up to code the roads lived on which we residents of Mona Bay reside.We on Sisters and Marmot pay the highest Road Service Fees and the highest Mill Rate in Kodiak;yet we cannot adequately fund minimum improvements that these roads continually require. The roads that was never built to code,are comprised of waste, tree stumps, and fill that builders and contractors dumped and smoothed over.The Borough's refusal to do right by the residents is ludicrous. Thank you for your service on the Assembly and For listening to my comments. Please allow the Page 92 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM .c. Negotiations to continue for the Termination Point Conservation Easement,and allow the public process in which so many residents of Kodiak island have already participated. Thank you, Page 93 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. An2ela MacKenzie From. ennstarrhollow@gmail.com Sent: Thursday,October 08,2015 4.17 PM To: Cleft Subject: Termination Point Follow Up Flag: Follow up Flag Status. Flagged Thank you to all our assembly members for their time and energy,and for being willing to look at the opportunity to secure an easement at Termination Point.You are sure to have any comments to hear tonight so I will present my thoughts simply:Termination Point is special to me because it is such a perfect balance or beauty,wildness,and accessibility. To me,that natural beauty and wildness is what makes Kodiak so wonderful.If we start letting go of these beloved places,we start letting go of the quality of life that makes Kodiak worth calling home.Thank you,Erin Starr- Hallow Page 94 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA ITEM #2.c. Angela MacKenzie...... From: Chloe Starr-Hollow<cocostar(hollow@gmall.com> Sent* Thursday,October 08,2015 4:15 PM To: Clerks Subject: Termination Point Follow Up Flag: Follow up Flag Status: Flagged I was bom in Kodiak and love every in oft is island.Termination Point is a perfect example of the beauty or Kodiak,if we begin to loose places he everyone enjoys,knows,and loves,what do we really have left?The reason Kodiak is such a great place is because of the nature.The bears,fish,gorgeous mountains,trails,lakes, animals,and more are what make Kodiak what it is.Places like Termination Point are important to the island and the people on the island. Page 95 of 124 Conservation Easement for Habitat Preservation and Public Ac... AGENDA I . . NO/1.711 i N e Kodiak Island Borough Economic Analysis Consulting i Proposal Request for Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486-9343 July 2015 Economic Analysis Consulting Services, 10 „ July 14,2015 Page 96 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.d ECONOMIC ANALYSIS CONSULTING SERVICES RFP 1. AUTHORITY A. The authority to issue this Request for Proposal (RFP) is granted under Kodiak Island Borough Code (KIBC) 3.30.110 Competitive sealed proposals — Negotiated Procurement. 2. PURPOSE AND INTENT A. It is the primary intent of this RFP to select a qualified firm to create baseline economic information about the effects of the fishing industry (harvesting, processing, labor support business, government taxes, etc.) on the economy of the City of Kodiak and Kodiak Island Borough. This baseline data will be used In the analysis of what affects actions by federal and state fishery managers and rule makers will have, positively and negatively, to the economy of the City of Kodiak and the Kodiak Island Borough. It also requests a cost estimate to create a "Kodiak model" so that future decisions can be analyzed. B. The term of the contract with the selected proposer will be for a period of two years. Another 1 year extension may be exercised at the discretion of the City of Kodiak and the Kodiak Island Borough. C. The work shall be performed in compliance with all applicable federal, state and local requirements. All work must be performed efficiently, cost effectively, and according to best business practices of the Industry. D. The proposer should be able to demonstrate expertise in all phases of economic analysis and document similar successful work history in Alaska within the last 5 years. E. Contracts exceeding $25,000 must be approved by the KIB Assembly. 3. SCOPE A. Develop baseline data about how the Gulf of Alaska fisheries, particularly the groundfish fisheries, that are the subject of North Pacific Fishery Management Council (NPFMC) action, contribute to the Kodiak Island economy. The contractor will clearly explain the economic effect of the fishing industry, processing sector, and business support activity on the community. Certain baseline data may be obtained through the Kodiak Chamber of Commerce, NPFMC, Department of Labor, Alaska Fisheries Science Center, and from processing plant owners. Economic Analysis �,,_,..... .............................. y Consulting Services July 10 2015 Page 97 of 124 Economic Analysis Request for Proposal ITEM . B. Provide an overview of what the communities contribute to the operation of the GOA fisheries and associated industries in the form of community Infrastructure investments (i.e. water and sewer utilities, waste water treatment, road operation and maintenance), and other services (solid waste collection/disposal/and treatment and boat harbor management operations, maintenance and other improvements). C. Using the data collected, the contractor will show, In a quantitative and qualitative manner, the potential effects on the economy of the communities of Kodiak due to proposed changes in fishery management policy by either State or Federal rule makers. In particular, the information will be used to determine the potential effects of options and alternatives of the pending NPFMC action on GOA Trawl Bycatch Management. The following are examples of Impacts from NPFMC actions that should be analyzed: • The distributive impacts of different levels of consolidation of the harvesting sector, and processing sector; • The potential for capital flight from the community under proposed management scenarios; • Employment opportunities to enter into the harvesting sector and make commercial fishing a career; and • The long term community impacts/viability (population, economy, resource tax, sales tax) to Kodiak City and Kodiak Island Borough as a major seafood processing location into the foreseeable future. 4.COMMUNITY SUPPLIED DATA A. The Kodiak Island Borough and the City of Kodiak will supply the following community data: • Community tax revenues, by fishery, for the last five years • Community infrastructure capital investments and operational costs, and fishing Industry use of community infrastructure, Including boatlift, harbor, electricity, water, water treatment and roads. • Joint Kodiak Island Borough and City of Kodiak resolution Identifying the ten (10) overarching purposes in creating a joint fish polity work group to address the management of prohibited Species catch (PSC) by the trawl fishery in the Gulf of Alaska. mEconomic Analysis Consulting Services,July 10,2015 Page 98 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.d. S.CONTRACTOR PROVIDED INFORMATION A. The Contractor will provide the following information as part of their analysis: • Fisheries harvest Information for the most recent five years, in state and federal waters, by fishery, gear type, volume, value, landings by month; • Information regarding trawl vessel owner residency, crew and skipper residency and payment, use and costs of leasing in current management programs,number of active vessels,number of active LLP'S; • By fishery, use of and impacts on support businesses, including gear and equipment suppliers, food providers, repair and machinery shops, fuel suppliers, freight and shipping companies; • Processing sector information, aggregated by a third party as needed, including employment numbers by month, residency of processing employees, operational timing and Interaction of various fisheries. 6. PHASE II -COST ESTIMATE TO DEVELOP A PREDICTIVE MODEL FOR KODIAK. A. Though development of a predictive model will not be performed under this RFP, provide an estimated cost to perform this Phase II effort using the data collected In Phase I, to produce a predictive model (using software such as IMPLAN) that shows the multiplier effect of fishing Industry activity in the community, and that can be used to determine the potential effects of proposed changes in fishery management policy at either the State or Federal level. In particular, such a model could be used to determine the potential effects of options and alternatives in the pending Council action on GOA Trawl Bycatch Management, once they are defined. For example, one could use such a model to determine the distributive impacts of different levels of consolidation of the harvesting sector or the processing sector. 7. REQUIRED PROPOSAL FORMAT A. Proposers are encouraged to submit proposals that exceed the minimum qualifications stated herein: 1. Qualifications The respondent should include timelines, projected required personnel and schedules for completing the project 2. Time-Cost In the Time -Cost section, the respondent must detail the time and costs that will be required to complete the project Economic Analysis Consulting Services,July 10,2015 I,u Page 99 of 124 Economic Analysis Request for Proposal AGENDA ITEM . B. Proposed Format Submit one (1) bound copy and ten (10 stapled) copies of the proposals and well as one electronic copy in Adobe Acrobat. The response must contain a statement of qualifications and a concise narrative which addresses, in the order presented, the evaluation criteria set forth In this solicitation. The narrative response shall not exceed fifteen (15 pages in length, exclusive of appendix, cover page, letter of transmittal, and table of contents. Proposals will be accepted until noon, on Tuesday, August 4, 2015. It is the proposer's responsibility to deliver proposals to: Manager's Office Room 125 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 00915 S. REQUIRED INFORMATION A. Proposals must include: • A letter of transmittal that shall include the following: a. The proposers name and address b. Company profile and consulting experience in Alaska and in the fishery analysis field. c. A statement that indicates the proposal is valid for at least 90 days from the proposal submission deadline; d. Statement that indicates the proposer's willingness to perform the services described in this RFP; e. A statement that all staff and other resources which are required to perform the services described In the RFP will be made available by our organization over the life of the anticipated contract f. Statement that the signatory has the authority to bind the proposer; and g. Signature of authorized individual. • Fee Schedule Provide an all-inclusive price for this consulting engagement that Includes but not limited to: incidental costs, travel, interview and data gathering costs, analysis, reports and meetings. • Client Reference Respondent's should include the name, address and telephone number of two (2) clients for whom services similar to those described in this RFP, has been performed. Reference should be relevant to the personnel described in the Statement of Qualifications. Please provide a brief description of services provided with each reference, as well as the name(s) of team members that provided the services. .�, _„—.��,.,.,.,. Economic Analysis Consulting Services,. 10,2415 Page 100 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.d. • Schedule The selection of a firm for award of the contract will be made by the Borough Assembly. Responsive firms will be ranked numerically. Responses will be evaluated on the basis of the advantages and disadvantages to the Kodiak Island Borough and the City of Kodiak using the criteria set below. 9. RFP REVIEW CRITERIA A. Evaluation Process + A review committee will review responsive proposals according to the following criteria and given relative weight shown on the table below. DISCUSSION OF PROPOSED APPROACH 3 FIRM'S QUALIFICATIONS AND EXPERIENCE 3 REFERENCES 20% ......................................,, ................___...w......................................_. PROPOSED PROJECT TEAM PROPOSED RATES 10% B. Discussion of Proposed Approach Weight 30% Provide a detailed description about your philosophical approach to responding to this RFP. What do you see as the steps to be taken to successfully guide us through this process. C. Firm's Qualifications and Experience Weight 30% Discussion of what makes you believe would qualify your firm for this project and description of your successes In providing identical or similar work. D. References Weight 20% Included should be detailed references and information on 2 (two) similar projects done on Alaska fisheries economic analysis using a similar methodology and tell us of the success and usefulness of the final product. E. PROPOSED PROJECT TEAM Weight 10% Provide the professional qualifications and experience of the proposed project team members and their expertise in working as a team on a recent project. Economic Analysis Consulting Services,July 10,2015 Page 101 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.d F. Proposed Rates Weight 10% Though qualifications of the firm is of primary importance, price will be Included as a weighted determinant. 10. INTERVIEWS A. Selected proposers may be requested for further interview. 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'TA14 SA.NAtABAk M 11 UNZ 887. `1,RaurrB'RR,UM%, A,M08, 'Y4W,Ak7 HAU-% 884,4'.4% 4A BMW 8Rn%Y'.R.%RA d,BAt m 35 M9.Pa'N,887 $ %'0,678,M78 OM.1 Oman 9kA,88.8 B92l 16If.6e'd".iAM ::AA,87% A%%,A%1 %.M"AU,A%8 JRRH tho S.,I�R mi'man8 $ !6R.Mn'T" dyma ' 1 qa Mt4 flR8 N„.AM8,5Aa5 %'%4P 'NR':.IWsu A.'R8{%A IMd'%.�R 8.,ff�,'8M4 T,Br%43'Y AR%q' '"?, 8&.'mB.ArFR XM.VRA —ii—Au MAWR% Pr RA4.31YYAW LAO "w99e, nM4 :xw. .srn cvRw✓nr+W.ar uul " ,8x , PU,� AGENDA ITEM #2.d. Month All Water Meters Cownercial and I nduschal FY05 FY06 FY07 FY 12 FY 13 rY14 July 111140430 185,928,320 103.4 ,875 62,945,310 60,115,390 74,748,020 Aug 113967220 144®980,370 124,918,740 80,641,250 87,564,890 1280191,570 Sept 91, ,510 84,589,720 10-4,771.640 136,336,220 107,9240309 136.726,810 Oct 37.252180 65.866,390 91,657.110 134,608,760 90.419,650 112,796,880 Noy 252186900 22,965,610 33,271.870 35.142.980 670418.270 48.044.200 Dec 1,334®680 11,178,730 18,350,050 13,091,220 27,525,650 26.139,140 Total 3W,58%ow 514,509,140 476,430,285 462,765,740 449,968,149 Jan 55.8558150 61,541,490 39,007,490 89,643,187 47.190,990 Fah 97.298,780 114.016,160 91,491,160 119.065,840 147.020,907 Mar 133,505,150 1612211,300 103®4 ,1157 187,030,870 117.862.193 April 73,959,740 104,155,500 130,302,660 74,917,410 71.363,380 May 42,418,740 30,450,680 63,570,730 49.182® 0 54,465,460 June 26,794,820 27.011,480 56356,630 42.522.000 38,197.864 Total 806,412,600 1,012.932,750 961.019,912 1.025,127.047 926,0513,943 Page 105 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.d 1 Introduced by. Borough Assembly 2 Requested by: Kodiak Fisheries Workgroup 3 Drafted by', Borough Clerk Introduced on: 09/2012012 4 Adopted on. 09120/2012 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO.FY2013-10 8 9 A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE 10 CITY OF KODIAK COUNCIL SUPPORTING COMMENTS TO THE NORTH PACIFIC 11 FISHERY MANAGEMENT COUNCIL ON PENDING ACTIONS REGARDING 12 COMPREHENSIVE MANAGEMENT OF PROHIBITED SPECIES CATCH(PSC) BY THE 13 TRAWL FISHERY IN THE CENTRAL GULL=OF ALASKA 14 15 WHEREAS, the North Pacific Fishery Management Council is considering the need for 16 and beginning development of a comprehensive program to manage prohibited species 17 catch by the trawl fleet of the central Gulf of Alaska; and 18 19 WHEREAS, any such comprehensive management program for fisheries in the central 20 Gulf of Alaska will have major and direct effects on the economy and well-being of 21 residents of the Kodiak region;and 22 23 WHEREAS, National Standards of the Magnuson-Stevens Fishery Conservation and 24 Management Act require that federal fishery management decisions take into account the 25 importance of fishery resources to `fishing communities, in order to provide for the 26 sustained participation of such communities and minimize adverse economic impacts on 27 such communities;and 28 29 WHEREAS, the Kodiak Island Borough and the City of Kodiak represent the 30 communities of the Kodiak region, rather than Individual user groups or fishing interests; 31 and 32 33 WHEREAS, the Kodiak Island Borough and the City of Kodiak have begun a program to 34 participate directly in public processes for fishery policy decision-making as outlined in 35 Resolution No. FY2013-09 of the Kodiak Island Borough 36 37 NOW,THEREFORE BE IT JOINTLY RESOLVED BY THE KODIAK ISLAND BOROUGH 38 ASSEMBLY AND THE CITY OF KODIAK COUNCIL that these bodies support the Kodiak 39 Fisheries Workgroup's proposed overarching purpose for consideration of fishery 40 management Issues of interest and concern to the Kodiak region as follows: 41 42 Ovorarching Purpose: 43 1. Maintain healthy, sustainable resources in the central(and western)Gulf of Alaska. 44 2. Promote a sustainable, vigorous economy in the Kodiak region with healthy and 45 competitive harvesting and processing sectors and support industries. 46 3. Maintain quality of life and social well-being in Kodiak. Kodiak Island Borough Resolution No FY2013-10 Page 1 of 2 Page 106 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.d. 47 48 NOW, THEREFORE BE IT FURTHER JOINTLY RESOLVED BY THE KODIAK ISLAND 49 BOROUGH ASSEMBLY AND THE CITY OF KODIAK COUNCIL_ that these bodies 5o support the Kodiak Fisheries Workgroup's proposed goals for management programs as 51 follows: 52 53 Goals for Management Programs: 54 1. Provide effective controls of prohibited species catch and other bycatch to provide 55 for balanced and sustainable fisheries and healthy harvesting and processing 56 sectors. 57 2. Maintain or Increase target fishery landings and revenues to Kodiak. 58 3. Maintain or increase employment opportunities for vessel crews, processing 59 workers,and support industries. 60 4. Provide increased opportunities for value-added processing. 61 5. Maintain opportunities for fishermen to enter the fishery. 62 6. Maintain opportunities for processors to enter the fishery. 63 7. Minimize adverse economic impacts of consolidation of the harvesting or 64 processing sectors. 65 8. MaxImIze active participation by owners of harvesting vessels and fishing 66 privileges. 67 9. Maintain the economic strength and vitality of Kodiak's working waterfront. 68 10.Establish methods to measure success and Impacts of all programs, including 69 collection and analysis of baseline and after-action data. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS TWENTIETH DAY OF SEPTEMBER,2012 73 74 75 KODIAK ISLAND BOROUGH 76 77 78 79 ATT T: Je me M, Selby, _h is r 80 81 82 83 NcWa M;Javier,MIMC Borough Clerk Kodiak Island Borough Resolution No, FY2013-10 Page 2 of 2 Page 107 of 124 Economic Analysis Request for Proposal AGENDA ITEM #2.e. MANAGER HIRING PROCESS NOVEMBER 6,2015 TO APRIL 18,2016 Advertisements D Kodiak Job Service > Kodiak Daily Mirror Friday, Nov 6 > Anchorage Daily News > Alaska Municipal League/Fax Alert > National Association of Counties > ICMA International City/County Management Association Jobs Available Thursday, Dec 31 Advertisement was"Open until filled with first application review date of December 31." Monday,Jan 4 Distribute packets to individual Assembly members include rating sheets Monday,Jan 11 Return rating sheets to the Clerk Work session Thursday,Jan 14 > Full review of finalists/narrow numbers for follow up questionnaire D Review and revise follow up questionnaire Tuesday,Jan 19 Send out questionnaire with a due date of Monday,January 25 Jan 29 to Feb 5 Review questionnaires returned by first round/cut of applicants Thursday, Feb 11 Decide on Skype interviewees Hold Skype interviews. February 22-27 > Conducted by the entire Assembly? > Record and post on YouTube? Feb 29—March 3 Rate Skype interviews Thursday,March 3 Submit Skype scores to Clerk Thursday, March Decide finalists and schedule interviews 10 March 11 —31 Background checks April 18-? Conduct interviews Provide Airfare, Hotel,and Per Diem? Mayor and one Assembly member negotiated with the successful candidate in the past(check with Borough Attorney if this needs to be in a public setting) Note: The topic of hiring for high profile positions was addressed during the 2014 Open Meetings Act at the Newly Elected Officials training. Rene Broker, Fairbanks North Star Borough Attorney and Michael Gatti from Wohlforth, Brech and Cartledge discussed transparency when hiring for managers,clerks,fire chiefs, police chiefs, etc.They noted that applications and scoring process are public as they are of general/public interest. Discussion of character or reputation qualifies for executive session. Candidates need to be advised that the Assembly is planning to hold an executive session and candidates may request a public discussion. Page 108 of 124 Manager Hiring Timeline/Process J AGENDA ITEM#2.e. Kodiak y office of the Clerk 710 Mill Bay Read Kodiak,Alaska 99615 Phone(907)486-9323 Fax(907)486-9392 DATE: April 7,201 MEMO TO- Mayor and Assembly FROM Nova Javier,MMC,Borough ark Hiring area er Process Is is to provide a historical background regard!ng the process That was followed in 2012 when the Assembly a borough manager. APRIL r I NG FROCESIIN 2012 MONTHS TIMEFRAME April 1 ,2012 Advertised In the following: > Kodiak Job Service a Kodiak Daily Mirror Anchorage Daily News P. Alaska Municipal Lea Alert National Association of Counties ICMA Intemational City/County Management Association > Jobs Available May 25,2012 Deadline to submit applications(seven weeks) May 29,2012 Initial Screening of applications Jayne 4,2012 Recruitment packaWRating seals distributed to Assembly June 11,2012 Full review of finalists/harrow numbers of finalists for interview Jung 15,2012 Follow up questionnaire sent out to first roundtcut of applicants Jane 2 „2012 Answers returned by first r ndicul or applicants June 28,29,and Jury 2 Skyps Interviews conducted e 109 Oft 4 Manager Hiring Timellne/Process AGENDA ITEM#2.e. July 30 2012 Skype Interviews rated July 19,2012 Decided on finallsts and Interview schedules July 19 to August 7 Background September 12-14 Mew In six applicants to Kodiak for final Interview,provided Aldare.Hotal,and er Diem Mayor Selby and Assembly member Stephens negotiated with the successful applicant October 1 g,2012 Scheduled the approval of the Managers Contract on the agenda with a start date of December 18.Candidate retracted his application and r tion was given to Clark to reopen recruitment for the Borough Managers position. MANAGER HIRING c S IN 2012 MONTHS TIMEFRAME October 25 Advertised in the following: Kodiak Job Service Kodiak Dally Mirror Anchorage Daily News Alaska Municipal LeagualFax Alert National Association®1 Counties ICMA International City/County nags enE Association Jobs Available November 21 Deadline to submit applications,1 applications receiv December 13,2012 During a special meeting of the Assembly,direction was given to start negotiations °t the Bud Cassidy as the new Borough Hager. January 17,2013 Approval of Contract No. 13-14 with Bud Cassidy Page 110 of 124 Manager Hiring Timeline/Process AGENDA ITEM #2.e. KODIAK ISLAND BOROUGH JOB DESCRIPTION Job Title: Borough Manager Department: Manager's Office Supervisor: Borough Assembly Job Status: Exempt Job Summary: Serves as the chief administrative officer of the borough and reports to the assembly. Upholds and enforces borough laws and ordinances. Administers the policies of the assembly and borough. Manages the borough budget and capital improvement program. Supervises department heads and manager's office staff. Must be a resident of the Kodiak Island Borough during term of contract. ESSENTIAL FUNCTIONS: No. Description of Essential Functions: I. Acts as chief administrative officer for the borough. Administers all borough affairs as mandated by law and ordinance. Supervises the enforcement of borough ordinances. PIans, organizes directs and coordinates the total function of borough operations. Establishes administrative policies for borough staff and operations. Participates in coordinated activities with federal, state, borough and other outside agencies. Represents the borough and other local government issues with other levels of government. Travels to carry out borough business and attend necessary meetings. Carries out directives of the borough assembly and the borough code of ordinances. 2. Appoints, suspends or removes borough employees, except as otherwise provided by statute and borough code. Directs and supervises the administration of the functions of all borough officers and employees except as otherwise provided by statute. Directly supervises the manager's office staff and department heads. Responsible to ensure staff is trained, motivated and evaluated; reviews progress and directs changes as needed. Administers any collective bargaining agreements. 3. Prepares the annual budget and capital improvement program for assembly action based on the assembly's goals and objectives. Executes the budget and capital improvement program as adopted. Makes monthly reports to the assembly on borough finances and operations at the regular assembly meetings. Reports to the assembly at the end of the fiscal year on the finances of the borough and administrative activities of the borough. Assures that assigned areas of responsibility are performed within budget. Performs cost control activities. Monitors revenues and expenditures in assigned area to assure sound fiscal control. Prepares annual budget requests. Assures effective and efficient use of budgeted funds, personnel, materials, facilities and time. Examines regularly the accounts, records, and operation of each borough department. Reviews the activities of the departments in relation to changing borough requirements and implements any needed improvements. Coordinates programs and planning with the department heads to make any necessary recommendations to the assembly for changes in policy. bar ffb 111aa*er Fav 1 of 3 SITS Page 111 of 124 Manager Hiring Timeline/Process AGENDA ITEM #2.e. 4. Provides professional advice to the assembly and department heads. Makes presentations to the assembly, councils, boards, commissions, civic groups and the general public. Prepares and submits to the assembly any reports as may be required by the assembly or as the manager may deem advisable to submit. Communicates official plans, policies and procedures to staff and the general public. Tracks legislative changes and makes related recommendations to the assembly. Reports to the assembly at its regular meetings regarding issues raised in conduct of the borough's business and anticipated future issues. Keeps the assembly fully advised on the financial condition and future needs of the borough and makes recommendations on borough affairs. Communicates with a variety of diverse groups, including citizens, employees, elected officials and representatives from other public agencies. Maintains contact with the citizens of Kodiak to determine problems and provide information. 5. Provides leadership and direction in the development of short and long-range plans. Gathers, interprets, and prepares data for studies, reports and recommendations. Coordinates department activities with other departments and agencies as needed. 6. Responsible for directing and administering the following: the care and custody of all borough buildings and of all real and personal property of the borough,except as provided otherwise by statute; and the construction, maintenance and operation of all borough roads, bridges, drains, buildings, service districts and other public works. 7. Monitors and administers the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the borough, including execution of change orders deemed to be necessary. 8. Prepares and makes available for public distribution an annual report on borough affairs. 9. Seeks state and federal grants and contracts that would be beneficial to the borough. 10. Executes other powers or duties specified by statute or by the assembly. OTHER RESPONSIBILITIES: 1. Performs other job related duties as assigned. Supervisory Oreanization: Borough Assembly Manager Department Heads I Department Employees MINIMUM REQUIREMENTS: Borough Manager fla 1111 MuuWr Paw 2 of J SIIS Page 112 of 124 Manager Hiring Timeline/Process AGENDA ITEM #2.e. Education and Experience: A bachelor's degree in business administration, public administration or a closely related field from an accredited college or university and five(5)years' experience as a municipal administrator is preferred. Experience as a municipal administrator in Alaska is preferred. A combination of education, training, and experience may be substituted for the required, education when the applicant possesses a demonstrated ability. A strong financial background and experience with grants and legislative matters is preferred. Applicant must possess strong organizational and planning skills. Knowledge and experience working within a diverse multicultural community is a plus. Knowledge and Skills: Knowledge of fundamental principles, practices, and policies of public administration and office management. Working knowledge of municipal finance, accounting practices, computer information systems, human resources, public works,and community development. Knowledge of Alaska Statutes and Alaska municipal law. Ability and skill in preparing and administering municipal budgets. Ability to prepare and analyze comprehensive reports. Ability to remain current with changes in federal, state and local laws, regulations, ordinances and pending legislation affecting municipal operations. Ability to use considerable initiative and independent judgment in carrying out special and general assignments,with a minimum of supervision. Ability to establish and maintain effective working relations with management, public officials and the general public. Ability to express ideas concisely and effectively,both orally and in writing. Ability to speak effectively in public settings. Ability to inspect borough facilities,properties and departments. Ability to perceive and analyze problems, develop alternatives and make or recommend sound decisions. Ability to administer labor contracts. Ability to travel using air, water or vehicle transportation to out-of-town meetings and functions. Ability to attend frequent evening and weekend meetings. Must be bondable. 6arou�A Maagrr pale 3 d3 5113 Page 113 of 124 Manager Hiring Timeline/Process AGENDA ITEM #2.g. Kodiak Community Forum September 9, 2015 Report Draft The Community Forum was a four-hour panel discussion at the Kodiak Convention Center,with all six members of the Kodiak Fishery Work Group (KFWG), the Fishery Analyst,and 10 volunteer participants.Also present as resources were the two expert speakers from the preceding evening. KFWG Co-chairs John Whiddon and Chris Lynch led the discussion. Panelists: KFWG members: City of Kodiak Council members John Whiddon, Pat Branson (Mayor) and Terry Haines; Kodiak Island Borough Assembly members Chris Lynch, Rebecca Skinner and Larry LeDoux; Fisheries Analyst Heather McCarty. Volunteer participants: Steven Taufen (Groundswell), Natasha Hardy (Native Village of Afognak), Paddy O'Donnell (trawl harvester),Alexus Kwachka (harvester),Jason Chandler(trawl harvester), Bob Krueger (Alaska Whitefish Trawlers Association),Teresa Peterson (Alaska Marine Conservation Council), Mike Okoniewski (Pacific Seafood), Julie Bonney(Alaska GroundFsh Data Bank), Paul Lumsden (Trident Seafoods). Expert speakers: Dr. Mark Fina (former chief economist, North Pacific Fishery Management Council; US Seafoods),and Josh Stoll (University of Maine; author of NMFS guidance document on community participation in fishery management programs). Page 114 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. Discussion points: The following points were provided to the participants as a discussion guide.The intent of the forum was to discuss key concepts of catch shares, allocation issues and cooperative management program design, as they apply to community goals established by Kodiak City and Borough resolutions. 1. What should be allocated? a. Should a program allocate target species and PSC (bycatch) species? b. Should a program allocate PSC species only? 2. To whom, and on what basis,should a program allocate harvest control rights, or catch shares? a. Should allocations be made based on historical catch? b. Should a program include allocations to skipper and/or crew? c. Should a program allocate catch shares to community entities? 3. What are the effects of elements regarding duration and transferability of harvest control rights? 4. The proposed program includes elements and options designed for community protection: consolidation levels for harvesters and processors, regional and port delivery requirements, community participation in coops,harvester participation eligibility requirements. How should a program design address community concerns such as providing for continued entry opportunities,and minimizing losses through residency changes? 5. What are the advantages and disadvantages of setting aside a percentage of catch shares to address unforeseen problems in the future (adaptive management)? b. What should be the role of processors in a cooperative management program? Page 915 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. Cammrat INMI I did nat have this Discussion' noted sa-nt to thetk on this siatcmc<tt � The discussion Focused on whether catch shares(fishery rights)of f target species and/or bycatch species should be allocated,and,if so, why,to whom and on what basis.Some participants felt that a catch u! share program with allocations based on historical participation, accessed through cooperatives,was the best form of management. Others opposed allocation of catch shares.Some believed that if catch ru' shares are allocated,that a community entity or entities should be the holders of some or all of the shares,in order to achieve community goals. d Bonney suggested that a new cooperative management program for groundfish trawl fisheries could result in increasing the number of fish !' crossing the docks in Kodiak,by increasing the harvest of under-utilized species,thus benefitting harvesters,processors and community. We Y want harvesting and processing to be successful. w i Peterson said that the new program should decrease bycatch caps for halibut and salmon.She believes that a catch share program should look at Individual Bycatch quota(IBQ),which could address issues in the state water fisheries,where state law prohibits allocation of target species. Krueger wanted the community to realize that trawlers are trying to harvest target species without exceeding bycatch caps.He said they want to focus on the positive aspects of a catch share program,by I reducing Prohibited Species Catch[PSC)in the pollock and cod fisheries so they have some left to allow harvest of other species. Chandler said the current rockfish program is an example of a successful catch share program and has not resulted in over- ' sunsets in ten g the ra ears from consolidation.He noted that allocations under the Rockfish program I' cannot be tnl and that p gram, implementation. Hayden said that the rockfish program has had the unintended consequence of trawlers taking large amounts of black cod,a high-value Page 116 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. species also harvested by other gear types. [Following on the discussion of complexity and simplicity in fisheries management] the simplest thing would be for existing harvesters to get together and figure it out for themselves rather than ask the government to hand over the resource to them. Taufen said that the discussion of catch shares was too narrow,that catch shares were not the answer, and other models should be explored, e.g., draw lots for who fishes in a particular week,or large users bidding for ability to fish. Okoniewski noted that we need tools to get the job done. Allocating PCS alone does not limit the race for fish,and time and geography are best tools to manage bycatch. He said that the program also needs a cooperative structure,as a catch share program without coops does not work well,as evidenced by the Pacific Coast trawl program. He noted that the trawl fishery is more like industrial-scale fishing requiring a lot of capital investment to catch fish. Kwachka said that the voluntary cooperative structure currently in use in the pollock trawl fishery could be extended, using annual allocations. He noted need for ability to control bad actors,and maintain flexibility- Don't build rigid boxes by allocating long term. Whiddon asked the group if all catch shares could be put into a community holding entity,then annually allocated to historic participants,but rolling back into the community entity. In response, Bonney said that of the 96 trawl licenses there are about 40 fishing- how would you decide who was able to fish,and how would you bring in new entrants? Fina said that what Whiddon suggested could be done according to the regulations, but would need to come with restrictions so the community would not reach too deeply into the business of fishing. Haines said that privatization of the fishery resource would change the economics of the fishery,but that is the point of this Council action- to Page 117 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. make the fishery look different than it is today,and that the industry could not be expected to support communities. Krueger said that Whiddon's idea would be very challenging. He said the harvesting industry would like to follow the rockfish model,which has showed that cooperative management works. He also said the trawl industry is economically fragile currently,and that consolidation for economic reasons may take place even without rationalization. Kwachka said that management of bycatch could be done without assigning ownership through catch shares. He said that the ramifications are huge when the public resource is commodified. He said that the Kodiak community has to be in the forefront, in part to prevent negative effects on other fisheries. Peterson said that community allocation would keep fishing in Kodiak, and could control lease fees and benefit outlying communities. It could be built around the 10 goals identified by community resolution. O'Donnell said we saw the impact of reducing PSC caps this year with May closure,and processing workers were impacted first. He said no one is doing Community Fishing Associations (CFA's),and that it would be better for community entities to purchase and bank fishing quota [through Regional Fishing Association structure as allowed under MSA]. Kwachka said that communities needing to buy quota is an impediment, and the high price of quota is the reason the Community Quota Entity (CQE) program is not working as it is supposed to. He said that currently no over 60-foot trawl licenses are available for sale,and that current asking price for under 60-foot trawl LLP was$150,000. Stoll described the regulatory difference in the Magnuson Stevens Act (MSA) between Fishing Community(FC) and Regional Fishing Association (RFA). FC's provide for initial allocation of fishing rights to the community,while RFA's can acquire quota after initial allocation. CFA's are not specifically referred to in the MSA. Regarding the issue of community protections built into a fishery management program,Taufen said that one needs to look at the whole Page 118 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. economic picture,and have transparency and full information from all participants. He discussed the importance of considering the ecological value of a management program,and the value of fish caught in one fishery to other directed fisheries. He pointed out that salmon, crab and halibut fishermen were under-represented in the discussion. Peterson said that the expansion oftrawling,to under-utilized bottomfish species could negatively affect other fisheries. Hayden said it was not the right of any governing body to give away fishing rights. Lumsden said that catch share programs give harvesters the ability to fish cleaner and throughout the year. He said that harvesters and processors have a huge investment in the Kodiak community and have the most at stake in the eventual management program. Chandler said that time is the biggest asset harvesters have to fish cleanly and do the best job possible in managing bycatch. Qkoniewski said there are different components of capital flight. Looking at this from efficiency perspective,will Seattle boats be as likely to drive their boats up to Kodiak to fish with less fishing opportunity available? Haines said don't make a "cash cow"out of a portion of the quota [as in a CFA]. if a community holds quota, it should benefit the current users of the resource. Fishing rights could be allocated to a community as a pass- through, with the imposition of community-specific criteria.The community needs initial allocation. Hayden said that instead of a severance tax on the industry, have a community association holding fishing rights. She asked,would that give trawlers the tools to manage bycatch? Fina said there is a question whether the MSA provides for a community holding fishing rights to lease those rights to harvesters. Page 119 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. Kwachka says this could all be done at the Council level, not at the community level. If annual allocations are done well you don't need adaptive management, CFAs or separate protections for skipper and crew. He said that when halibut was made into an IFQ fishery,the value of the fishery went from$50M to$600M,by making the rights into a commodity. Bonney said that the best way to manage is to make the allocation of fishing rights to a cooperative,which can successfully manage fleet behavior.She said the question of allocation, of what, to whom, is the big issue. She said that the community should ask itself what they want the fishery to look like in five or ten years. She said that the Council should make use of the elements in the current motion, including no transfer of shares for the first two years. Regarding the duration of shares, crab and halibut shares are permanent,while the MSA now requires catch shares to be only ten years in duration.She said that the program could include objectives such that participants are evaluated on performance of those objectives. Skinner indicated that voluntary cooperatives as have been suggested by other participants have no way to control bad actors in a fishery,who can cause the closure of a fishery for everyone. Chandler said he favored the motion currently on the table at the NPFMC,with perhaps the addition of fishermen protecting the community interests. He noted that fishermen are community too. Fina said the proposed program includes concern for biological effects, with no increase in PSC caps,and 100%observer coverage. O'Donnell said current voluntary coops have only peer pressure to control bad actors, and that voluntary coops are volatile and can fall apart. Panelists discussed that the current rockfish management program has an end date of 2021,with the program presumably reverting back to a limited license management program unless reauthorized. Page 120 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. LeDoux summarized what he had deduced from the discussion: regulatory flexibility is good; stop the race for fish; do no harm to the harvester, processor or processing worker; research is needed on effects of gear types,ocean warming and ocean acidification; consolidation is a business decision; bycatch affects other fisheries; it is difficult now to get into some fisheries. He asked how the community can be most effective as a governmental body,and how it can reach consensus. He said it was not good to use complexity as an excuse not to act. Fina said that the community could tick off the issues on which they could agree,such as the issue of avoiding over-consolidation. He said the Council is receptive to public testimony and to talking individually. Stoll said that the work of the KFWG has been a good step. He said in order to proceed, the community might need "skin in the game," through a community entity. Krueger said the harvesters want to best utilize PSC at the current levels, and better utilizing flatfish will not mean higher PSC limits. In reducing the biomass of predator fish, the important species might rebound. He said the community involvement so far has been a "marvelous job,"and he looked forward to participating in another discussion after the October meeting. Branson said she looked forward to continuing to testify at the NPFMC, and reacting to the State proposal and Council action in October. Fina said the community could request that Council analysts prioritize community issues in their preliminary analysis, not right before final action. Public comment: Lee Woodard said he has a large investment in trawling. He said that the crab rationalization program was driven by economics and a steep decline in the resource. Page 129 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. Matt Moir thanked the panelists for a great discussion that was essential to the community. He said that the crab program,the rockfish program and the proposed trawl program were all different. He said not all catch share programs were bad, and we need to design this one to benefit the community. Change is inevitable, he said, and the participants need access to the fisheries to provide benefits to the community. Bob Bowhay gave the group several ways the community could benefit the small boat fleet: ice available to the public, cold storage and a public crane. Darius Kasperzak also asked for those community small boat services, and indicated that he thought that the trawl management program should not include catch or quota shares that were transferable, and that would become a commodity. Steve Matthews said he was worried about consolidation and said that the fishery needed to be based on free enterprise. Kurt Waters said that the Lord made the fish and would help determine how to best manage the resource. Danielle Ringer asked how entry or succession in a fishery would work in a quota system. Sue Jeffrey suggested another way to stop the race for fish - that was not a catch share program-was to have annual registration for an equal share program,with the TAC divided among license holders perhaps based on boat size and/or history. She said she did not want to permanently allocate fishery rights. Panelists'concluding statements: Taufen said that catch shares are not the solution, and social concerns must be integrated with economics. Hardy said that she thought it was unprecedented what the KFWG has done,and that it was good for our community. She wants to determine Page 122 of 124 Fisheries Analyst Report of the Community Forum September 9,... AGENDA ITEM #2.g. what is best for the community, not necessarily what is best for one gear type. O'Donnell said it is better for fishermen to work together and stop the segregation by gear type. Kwachka said the discussion is all about having a healthy waterfront, and that this is a good start. Everyone in the community is important and should benefit from the new program. Chandler said he was confident of a good outcome and this was a good start. Skinner thanked Fina and Stoll for their evening presentations. She said she was looking forward to the State's proposal in October.She said a program could put community protections in a box,and create a CFA, but that was not necessarily the best result. She said we are all part of the community. Flexibility in the program is important. She said the crab fishery is different from the groundfish trawl fisheries. LeDoux said he was learning more about what he needed to know. He also said the KFWG needs to start talking about support for the small boat fleet. Krueger thanked the KFWG for making the effort to understand complex fisheries. The Fisheries Analyst and several other panelists said it would be good to have another forum after the October Council meeting. Okoniewski said that the meetings were resulting in more understanding and progress. He said we should ask what is this fishery going to look like if we don't change the management-ask the fishermen and processors. Bonney said we are talking about regulating an industry and an economy,with social and cultural goals also involved.She said that regulating a fishery and achieving bycatch goals in a voluntary cooperative was a huge undertaking and very difficult.She said the Page 123 of 124 Fisheries Analyst Report of the Community Forum September 9,..., AGENDA ITEM #2.g. rockfish program has the regulatory framework to build on, in determining how to get the fish out of the water in the best way. Lumsden said he thought we would find the right solution. Stoll said that listening to the respectful dialogue in the forum was "amazing" and that it was unique to have this kind of dialogue. He hopes we keep working. Fina said that it was good to see that the community can come together and have this kind of dialogue. He thinks the various sectors are starting to understand each other. He sees that even though there is not total consensus that the community can find some common ground. Page 124 of 124 Fisheries Analyst Report of the Community Forum September 9,... KODIAK ISLAND BOROUGH WORK SESSION Work Session of® ' Please PRINT your name Please PRENT your name '." Lv—ef tj i�n % .lid IL Wn M r ,w m KODIAK ISLAND BOROUGH WORK SESSION Work Session of: Please 1111!!IINT your name Please PRINT your name X�M ��