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2017-03-23 Regular Meeting
Page Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 23, 2017, 6:30 p.m., Conference Room 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (') are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. "APPROVAL OF MINUTES 4-68 A. 'Regular Meeting Minutes of October 6, 2016, November 3, 2016, December 1, 2016, December 15, 2016, February 2, 2017, February 16, 2017,and March 9, 2017 and Special Meeting Minutes of March 2, 2017. Assembly Minutes 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS 69-100 A. Presentation Addressing Issues Relating To The U.S. Navy ;� Training Exercises In The Gulf Of Alaska in 2017 Presentation Attachment 8. COMMITTEE REPORTS Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook. cam/Kodiakisland borough @KodiakBorough www.kodiakak.us 91 0 Page 1 of 146 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 101 - 107 1. Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-26 Professional Services Agreement With McCarty and Associates for Fisheries Analyst Consulting And Related Services (Joint Contract Of The Kodiak Island Borough and City of Kodiak With McCarty and Associates of Juneau, Alaska). Contract No. FY2014-26 B - Pdf 13.13. Resolutions 108-111 1. Resolution No. FY2017-33 Advocating For The Establishment Of Consistent Communication Between The Kodiak Island Borough And The Kodiak Island Borough Board Of Education For The Purposes Of Effective Governance Of Issues Such As, But Not Limited To, In - Kind Services, Facilities Upkeep And Maintenance, And Various Budgetary Items. Resolution No. FY2017-33 KIB and KIBSD joint work sessions - Pdf 112-128 2. Resolution No. FY2017-35 Urging the Legislature To Adopt House Concurrent Resolution No. 8 To Maintain The Kodiak Seafood And Marine Science Center As An Important Resource In The State. Resolution No. FY2017-35 KSMSC - Pdf 13.C. Ordinances for Introduction 129-131 1. *Ordinance No. FY2017-28 Enacting A New Kodiak Island Borough Code Section Within Title 5, Marijuana Businesses, 5.02.005, Local Regulatory Authority, To Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at �v facebook com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 2 of 146 Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To AS 17.38.210. Ordinance No. FY2017-28 Designating Local Regulatory Authority - Pdf 13.D. Other Items 132-135 1. Appointment To The Prince William Sound Regional Citizens Advisory Council Kodiak Village Mayors Association Seat (Melissa Berns). Prince William Sound RCAC Appointment Melissa Berns - Pdf 136-140 2. Confirmation Of The Assembly Appointments To The Citizens Board Of Equalization (Ms. Carrie Morton And Ms. Cheryl McNeil). Assembly Appointments to the BOE - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Strategies In Negotiating The Hospital Lease 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.13. Reports 141 -146 1. February 2017 Project Reports, Change Order Report, And Bond Project Update February 2017 Project Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at ,vim facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 3 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting October 6, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on October 6, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson Jr., Dan Rohrer, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe. ROHRER moved to excuse Assembly member Rebecca Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of October 2016 as Domestic Violence Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Mayor Friend proclaimed the month of October 2016 as Filipino American National History Awareness Month as established by the trustees of the Filipino American National Historical Society. Mayor Friend proclaimed the month of October 2016 as Fire Prevention Month and encouraged all citizens to test their smoke alarms at least every month and to support the many safety activities and efforts of the Borough volunteer fire departments and emergency services during the month. COMMITTEE REPORTS Assembly member Crow gave an update regarding the Kodiak Fisheries Work Group that was held on September 29. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 1 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 4 of 146 AGENDA ITEM #5.A. Assembly member Rohrer gave an update regarding the Marijuana Task Force and the Lands Committee. Assembly member Symmons gave an update regarding the Solid Waste Advisory Board's activities. Bayside Fire Chief Rue announced the open house scheduled on Monday, October 10. ROHRER moved to suspend the rules and move the Board of Adjustment (BOA) proceedings before Ordinance No. FY2017-17. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Friend recessed the regular meeting and convened the BOA at 6:58 p.m. Board Of Adjustment Appeal — Planning and Zoning Commission (P&ZC) Case No. 16- 010. Request A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Mayor Friend announced the board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. The oral argument was held as follows: • Borough Staff: Community Development Director Sara Mason gave an overview of the project. She provided a recap of the events that transpired. She noted that the Borough does not have an ordinance that deals with cell towers and that there was clearly a need because at this point the applicant has to procure a permit. • Appellant: Mark Moderow, Senior Counsel Representing Alaska Wireless Network introduced his staff, expressed gratitude to the Community Development Department (CDD) and Clerk's Office staff for their attendance. He stated that GCI presented a complete and detailed application. He addressed each of the findings of fact adopted by the Commission. He noted that the request was consistent with the other towers in town and the tower was built to highest standards and would stand wind speeds. He asked the BOA to grant the variance. Private person supporting the appeal: Stosh Anderson spoke in support of the appeal and encouraged the BOA to allow the tower and grant the variance. He noted that it would help with providing the community better cell coverage. Considerations were also looked at to remain neighborly. • Private person opposing the appeal: Kevin Arndt was originally opposed to the variance because it would limit what he could do with his adjacent property. He discussed his concern about the fall zone, which was within his property (radius of his property). He asked if other parcels had been looked at for consideration. • Appellant for rebuttal: Mark Moderow voiced that a fall zone was not a requirement and it would be discriminatory to enforce it now. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 2 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 5 of 146 AGENDA ITEM #5.A. Board of Adjustment discussion: • In response to Assembly member Smiley, CDD Director Mason noted that all findings of fact from Staff were positive and in support of granting the variance. • In response to Assembly member Crow, Appellant Mark Moderow said that there was not an alternative place on Pillar Mountain. He noted that this site was literally the only site that was suitable to their needs. • In response to Assembly member Rohrer, the appellant noted that each provider by Federal law shall have adequate coverage on the road system. He explained the definition of adequate coverage. • In response to Assembly member Symmons, he said that the Borough would be in violation if they do not approve the request. • In response to Assembly member Peterson, he explained the coverage issues regarding LTE technology. He noted that the information was recorded and included in the packet. • Further discussion ensued regarding co-sharing/co-location of towers. Co -location was a recognized truce in the industry. • Mr. Arndt, in response to Assembly member LeDoux, noted that the P&ZC approved the 50 - foot tower and it was not a concern to him and would accept it. • CDD Director Mason noted that Brechan's yard was zoned business, which was the same zoning as the proposed parcels, and there were no setback requirements. • Assembly member Rohrer reiterated that the code did not address exceeding 50 feet. The Borough currently stated that buildings could not exceed 50 feet, what the appellant was requesting was a variance to exceed 50 feet. The commission did not present evidence on what this would do to the nature and character of the area that would be influenced unduly by the request of the additional 17 feet. CROW moved to reverse in whole the Planning and Zoning Commission's Decision on Case No. 16-010 Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network) and by substituting the findings of fact for those presented in the supplemental staff report with recommendation date April 6, 2016. The five findings of fact reflected are as follows: 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the B -Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 3 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 6 of 146 AGENDA ITEM #5.A. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Peterson, Smiley, and Symmons (Ayes); Rohrer (No). Mayor Friend announced that the Board of Adjustment was adjourned and reconvened the regular meeting at 7:53 p.m. PUBLIC HEARING 1. Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, R1 -Single - Family Residential, R2 -Two -Family Residential, And R3 -Multi -Family Residential Zoning Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. ROHRER moved to adopt Ordinance No. FY2017-17. The ordinance was requested and introduced by Assembly Member Crow in an effort to address public comment supporting the keeping of chickens and other animals useful to people in residential zoning districts. Although such activities were permitted uses in three low density residential districts, they were prohibited uses in one low density district and all medium and high density districts. The ordinance places a temporary moratorium on the enforcement of Title 17 Zoning codes that prohibit such uses in those residential districts and initiates a Planning and Zoning Commission code review to consider amendments that would allow such uses. The ordinance also directs staff to perform a concurrent review of Chapter 6.04 Animal Control to recommend amendments that more specifically address the control of chickens and other animals useful to people. The temporary moratorium only applied to enforcement of Title 17 Zoning codes. Title 6 Animal Control codes that address animal cruelty, control of animals, animal waste, etc., would continue to be enforced. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Smiley, Symmons, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 4 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 7 of 146 AGENDA ITEM O.A. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Union and hospital negotiations • Juneau Lobbyist Mark Hickey's visit to Kodiak • Purchasing manuals and related documents were being revised MESSAGES FROM THE BOROUGH MAYOR Mayor Friend congratulated Assembly member Van Daele and Smiley and Mayor Rohrer. He appreciated everyone who ran for office. UNFINISHED BUSINESS 1. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. The item was postponed from the regular meetings of September 1 and September 15, 2016. The motion before the Assembly was to "Move to amend Contract FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract Section 11, Timber Operations, Subsection "C" Slash Operations, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough, by adopting the contract amendment identified as Substitute Version 2 of KIB Contract FY2016-45A. " Private property owners adjoining borough land had been considering the need to remove both fire damaged and live trees on their respective properties to be salvaged by the borough timber contractor A-1 Timber. While this constituted a separate arrangement between the property owners and A-1, the best way to remove the timber, with the least amount of disruption to other private property owners, was by bringing the harvested timber out over borough land. This would require Iimbing and topping to occur on borough land thereby creating additional slash piles. The creation of slash piles within 500 feet of residential properties was not permitted under KIB Contract No. FY2016-45, Section 11.C. For this reason staff recommended that an exception to the standard be allowed by the assembly so that the clearing of neighboring lots may proceed without undue cost to the property owner or the borough for moving slash beyond 500 feet that was generated from outside the designated borough salvage logging area. It was expected that the slash generated from this activity would still be located more than 200 feet away from the salvage logging boundary and much further from actual residential structures. Staff recommended that a written request form be required from each property owner acknowledging that slash from logging activities on their lot may be stacked within 500 feet of their respective properties. A map depicting the potential lots in question was attached to the packet. Note: The initial submittal for this agenda item was prepared on information relayed through the borough's forest management consultant. Staff put the information together for the original agenda item and copied it to A-1 Timber. A-1 Timber requested to have further input to clarify the implications of the contract language in order to facilitate a reasonable compromise. Staff Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 5 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 8 of 146 AGENDA ITEM #5.A. modified the motion below to recommend adoption of the Substitute Version 2 contract amendment. LEDOUX moved to postpone Contract No. FY2016-45A to the next regular meeting of the Assembly. LEDOUX moved to withdraw his motion to postpone Contract No. FY2016-45A. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Smiley, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Rohrer, Smiley, Simmons, Crow, LeDoux, and Peterson. NEW BUSINESS Contracts None. Resolutions 1. *Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees for the Kodiak Island Borough. This item was approved under the consent agenda. This amends the original FY2017 Fee Schedule which was approved on June 16, 2016, reestablishing the plan review fees which were inadvertently omitted. This amendment also included a definition for vehicles disposed of at the landfill. This item was approved under the consent agenda. 2. *Resolution No. FY2017-11 Authorizing An Amendment To The Borough's Participation Agreement With The Public Employees' Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. This item was approved under the consent agenda. The resolution would amend the Borough's agreement with the Public Employees' Retirement System (PERS) of Alaska to exclude seasonal employees from participation in PERS. This item was approved under the consent agenda. 3. Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session. PETERSON moved to adopted Resolution No. FY2017-13. In accordance with KIBC 2.105.030(E), the Planning and Zoning Commission reviews and updates a list of project priorities for the Borough's Capital Improvement Program (CIP). The Commission was required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1 st of each year. The Commission generally reviews the prior year's resolution, removes projects which have been funded, and adds new community projects that have come to its attention. The Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 6 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 9 of 146 AGENDA ITEM #5.A. commission received input from the Parks and Recreation Committee and requested input from the public. The Assembly has historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requests legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly may add projects, amend language and figures as well as remove projects. The adopted list would be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. PETERSON moved to postpone Resolution No. FY2017-13 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Peterson, and Rohrer. Ordinances for Introduction 1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1 -Single-family Residential District To B -Business District (P&Z Case No. 16- 038). Assembly member LeDoux requested a five minute break at 8:54 p.m. Mayor Friend reconvened the meeting at 8:59 p.m. LEDOUX moved to adopt Ordinance No. FY2017-18 in first reading to advance to public hearing at the next regular meeting of the Assembly. This rezone request was the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned property in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Alaska's Kodiak Island Resort) had been in operation on the subject lot since 2005. The applicant desired to bring the existing lodge into compliance with the requirements of Title 17 Zoning of the Borough code by rezoning the lot to a district that permits such use. Lodges had been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which were permitted uses in B -Business zoning. B - Business zoning was also consistent with the lot's Commercial Future Land Use Designation and with various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B - Business was requested. The Planning and Zoning Commission held a public hearing on the rezone request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, and Smiley. 2. Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 7 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 10 of 146 AGENDA ITEM #5.A. Future Land Use Designation Of Lot 4, Block 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039). PETERSON moved to adopt Ordinance No. FY2017-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Future Land Use Designation change was requested by the City of Port Lions in conjunction with a request to rezone the property from PL -Public Use Lands to R2 -Two-family Residential. The City of Port Lions owned the subject parcel, which was developed with a structure that once served as the community clinic and had most recently been used as housing for the Village Public Safety Officer. The City can no longer afford to maintain the structure and would like to dispose of the property by offering it for sale to the public. A rezone to a zoning district that allowed a single-family residence was required to accommodate the sale. Although such a rezone was consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning, it was not consistent with the lot's current Public Land Future Land Use Designation. Accordingly, that designation must be changed to facilitate the rezone. The Planning and Zoning Commission held a public hearing on the Comprehensive Plan amendment request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the Future Land Use Designation change. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Smiley, and Symmons. 3. Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL - Public Use Lands District To R2 -Two -Family Residential District (P&Z Case No. 16-040). CROW moved to adopt Ordinance No. FY2017-20 in first reading to advance to public hearing at the next regular meeting of the Assembly. The City of Port Lions requested to rezone the subject parcel from PL -Public Use Lands District to R2 -Two-family Residential District follows a Comprehensive Plan amendment request for the same parcel (P&Z Case No. 16-039). The rezone was consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning. Should the Comprehensive Plan amendment be approved, the subsequent rezone would also be consistent with the lot's newly assigned Residential Future Land Use Designation. The Planning and Zoning Commission held a public hearing on the rezone request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Smiley, Symmons, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 8 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 11 of 146 AGENDA ITEM #5.A. Other Items 1. APPEAL TO THE BOARD OF ADJUSTMENT - Board Of Adjustment Appeal - Case No. 16-010. Request A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). This item was moved up before Ordinance No. FY2017-17 by suspension of rules. CITIZENS' COMMENTS Judi Kidder congratulated the newly elected officials. She addressed EPA requirements and its applicability to personal residences. She appreciated the assistance being provided by landfill personnel. ROHRER moved to suspend the rules to move up Assembly members comments before going into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Smiley, Symmons, Crow, and LeDoux. ASSEMBLY MEMBERS' COMMENTS Assembly member LeDoux thanked the Clerk's Office staff and election workers, he looked forward to the Joint Work Session with the School Board. He asked that Robbie Townsend be invited to give an update regarding the Rural Leadership Forum. Assembly member Crow congratulated the newly elected officials and thanked outgoing Mayor Friend. Assembly member Symmons expressed gratitude to outgoing Mayor Friend and thanked the Clerk commending her parliamentary skills. He thanked the different Boards for their work and thanked the public for their continuous involvement. Assembly member Smiley appreciated the recently held joint work session with the Commission. He was in support of having regular joint work sessions with the School Board. He was thankful to be elected on the Assembly. Assembly member Rohrer congratulated the newly elected officials and thanked those who supported him on his candidacy. Mayor announced Friend announced the Assembly, City Council, and School District Board will hold a joint work session/public forum with Governor Walker tomorrow from 1:45 to 2:45 p.m. in the City Library Multi -Purpose Room. Announcements The next Assembly work session will be held on Thursday, October 13 at 6:30 p.m. in the Borough Conference Room. The next Assembly regular meeting was scheduled on Thursday, October 20 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 9 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 12 of 146 AGENDA ITEM #5.A. The Assembly and City Council were scheduled to meet in a Joint Work Session on Wednesday, October 19 at 7:30 p.m. in the City Library Multi -Purpose Room. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW PETERSON moved to convene into executive session to discuss matters involving negotiations with the IBEW, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Smiley, Symmons, Crow, LeDoux, and Peterson. PETERSON moved to invite the Borough Mayor, Assembly, Manager, Finance Director, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Peterson, and Rohrer. After the vote, Mayor Friend recessed the regular meeting at 9:36 P.M. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10:32 p.m. and announced no action was to be taken as a result of the executive session. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, and Smiley. The meeting was adjourned at 10:32 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough October 6, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Assembly Regular Meeting Minutes Page 10 of 10 `Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 13 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting November 3, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on November 3, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. Clerk's note: There was one vacant seat on the Assembly. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Dave Townsend congratulated the newly elected assembly members. He spoke in support of Resolution No. FY2017-19. Sara Fish and Virginia Adams encouraged the Assembly to reach out to the Chiniak School Board before cutting more trees around the Chiniak School. AWARDS AND PRESENTATIONS Mayor Rohrer presented a proclamation of appreciation to the City Parks and Recreation Department and encouraged all citizens to recognize the accomplishments and contributions of the City Parks and Recreation Department to Kodiak. The Assembly received an update via a PowerPoint presentation on the Kodiak Archipelago Rural Regional Leadership Forum from Roberta Townsend Vennel. COMMITTEE REPORTS Assembly member Symmons gave an update regarding the Marijuana Task Force meeting. Assembly member Van Daele thanked Bayside Fire Chief Rue for the tour of the Bayside Fire Hall. Kodiak Island Borough November 3, 2016 'Regular Meeting Minutes of October 6, 2016, November 3, 201. Assembly Regular Meeting Minutes Page 1 of 7 Page 14 of 146 AGENDA ITEM #5.A. PUBLIC HEARING 1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. VAN DAELE moved to adopt Ordinance No. FY2017-16. The ordinance was recommended to the assembly by the Borough Lands Committee (BLC) in order to address certain matters related to borough land disposal and land sales. The BLC established a subcommittee of its members in order to delve into the various provisions of KIBC Chapter 18.20 Real Property Disposal - In General. The subcommittee met over the course of several months to consider all provisions of KIBC 18.20. In the end, the subcommittee recommended a limited range of recommended amendments. This recommendation was subsequently reviewed by the full BLC and forwarded on to the assembly with the committee's recommendation. Note: The item was referred by staff to the Borough Lands Committee at its September 14, 2016 regular meeting. The BLC did not wish to make further changes to the recommended amendments. The BLC requested staff return the item to the assembly agenda "as -is". The recommended changes in the ordinance were considered by the BLC as necessary preparation for a spring land sale. The issue of alternative land disposal methods for disposals not by land sale would be addressed at another time after the preparations for a land sale had been completed. Mayor Rohrer opened the public hearing. Mel Stephens urged the Assembly to defeat the ordinance. He noted the rebate would be a waste. Dave Townsend spoke in support of the rebate being offered. He would like the rebate increased to 25% and the Assembly to establish guidelines on how to approach this. Mayor Rohrer closed the public hearing. Assembly member Skinner asked for clarity regarding the eligibility for rebate. Assembly member Crow appreciated the effort and sentiment that had gone into this, and he was not in support of this at this time. He hoped that the rebates were more directed to first time homebuyers. Assembly member LeDoux clarified his position and said that this was not the sole solution to achieve affordable housing but it was a piece of the puzzle. Assembly member Smiley noted that the rebate was trivial in the whale scheme of things. He was in support of the Ordinance. Assembly member Van Daele spoke in support of the Ordinance stating that this was one tool in the toolbox. Doing nothing does not help. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 2 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 15 of 146 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: LeDoux, Smiley, Van Daele, and Rohrer (Ayes); Crow, Skinner, and Symmons (Noes). BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Chiniak wood permits were available in the area that had been logged on Lesnoi property • Updates on fixing doors and windows at the Bayside Fire Hall • Attended the Coast Guard event on behalf of the Assembly • Navy Seals had been conducting training activities and were looking for more suitable areas to conduct future activities • Auditing bills for appropriate expenditures MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer provided an update regarding his meetings with the Cook Inlet Regional Advisory Council staff and his meeting with Kathie Wasserman, Alaska Municipal League executive director. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly. Election of the Deputy Presiding Officer. KIBC 2.30.040 states the provisions regarding the Assembly organization and the election of the deputy presiding officer. SMILEY moved to nominate Assembly member LeDoux as Deputy Presiding Officer. CROW moved to nominate Assembly member Skinner as Deputy Presiding Officer. The Clerk distributed ballots for the Assembly members to cast their ballots. Assembly member LeDoux was nominated as Deputy Presiding Officer. He received four votes and Assembly member Skinner received two. Contracts None. Resolutions 1. Resolution No. FY2017-19 Requesting The Alaska Legislature And Governor Walker To Not Impose Any More Cuts To The ADFG Budget And Particularly To The Division Of Commercial Fisheries Budget And Any Tax Revenue Generated From New Or Increased State Taxes On The Commercial Seafood Industry Be Used To Fill The Funding Gap For ADFG And Pay For Continuing Effective Management Of Alaska's Commercial Fisheries. Kodiak Island Borough November 3, 2016 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 3 of 7 Page 16 of 146 AGENDA ITEM #5.A. SKINNER moved to adopt Resolution No. FY2017-19. The resolution was discussed by the Kodiak Fisheries Work Group. It was also mentioned during the Assembly work session of October 13 and was discussed jointly by the Kodiak Island Borough Assembly and the City of Kodiak Council on October 19. The resolution requested the Alaska Legislature and Governor Walker to not impose any more cuts to the ADFG budget and particularly to the Division of Commercial Fisheries budget and any tax revenue generated from new or increased state taxes on the commercial seafood industry be used to fill the funding gap for ADFG and pay for continuing effective management of Alaska's commercial fisheries. This is going to be submitted to the Alaska Municipal League for its consideration. • It would be offered to the Resolution Committee on Wednesday, November 16 at 5 p.m. • It required support of representatives of five (5) member municipalities • If the Resolution Committee accepts the resolution, copies need to be made available for the AML business meeting on Friday, November 18 • It would be reviewed, debated, and acted upon by the AML membership. • The Borough who was the sponsor would be given an opportunity to discuss and support the resolution at the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Van Daele, and Crow. 2. Resolution No. FY2017-20 Authorizing The Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant (AFG) Program. LEDOUX moved to adopt Resolution No. FY2017-20. Bayside Fire Chief Rue submitted an application to the Assistance to Firefighters Grant program to purchase installation of an exhaust ventilation system and gear to include self-contained breathing apparatus (SCBA), bunker gear, and thermal imaging devices. The application was due by November 18. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. Ordinances for Introduction None. Other Items 1. Approval of the Kodiak Island Borough Assembly 2017 Meeting Schedule. LEDOUX moved to approve the Assembly 2017 meeting schedule. The calendar reflected the Assembly meetings for the upcoming year. Annually the calendar was presented to the Assembly for review and approval for the upcoming year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, and Skinner. 2. Assembly Review and Taking Official Action In Support To The Alaska Municipal League Resolution No. 2017-04 Real Property Disclosure in Alaska, Resolution No. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 4 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 17 of 146 AGENDA ITEM #5.A. 2017-10 Inclusion Of The Port Of Anchorage On A Statewide GO Bond, Resolution No. 2017-12 Addition of Port and Harbor Employees Covered by AS 12.55.135, and Resolution No. 2017-13 Changes To Alaska Statutes Improving The Management And Prevention Of Derelict Vessels. SMILEY moved to support to AML Resolution No. FY2017-04. The Assembly reviewed the AML Strategy Packet and Resolutions at its work session of October 27. Since authorization would be granted to a delegate who would be voting on behalf of the Borough, it was important for the Assembly to take positions on the resolutions. The Assembly was in agreement to support all the resolutions in the AML packet except for the following: Resolution No. 2017-04, Resolution No. 2017-10, Resolution No. 2017-12, and Resolution No. 2017-13. ROLL CALL VOTE ON MOTION FAILED FOUR TO TWO: Symmons, Van Daele, Crow, and LeDoux (Noes); Skinner and Smiley (Noes). SMILEY moved to support to AML Resolution No. FY2017-10. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Van Daele, LeDoux, Skinner, Smiley, and Symmons (Ayes); Crow (No). SMILEY moved to support to AML Resolution No. FY2017-12. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Crow, Skinner, Smiley, and Symmons (Noes); LeDoux and Van Daele (Ayes). SMILEY moved to support to AML Resolution No. FY2017-13. ROLL CALL VOTE ON MOTION FAILED FOUR TO THREE: Skinner, Symmons, Crow, and Rohrer (Noes); LeDoux, Smiley, and Van Daele (Ayes). 3. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. LEDOUX moved to approve the candidacy of Assembly member SMILEY to the Alaska Municipal Board of Directors, District 10 seat. There was a seat open on the Alaska Municipal Board of Directors (District 10). The City of Kodiak Mayor served as the Vice -President of AML and a Council Member served as the National League of Cities representative on the Board. Due to the financial commitment involved, potential candidates should file their intent and obtain Assembly approval for the candidacy. Note: Assembly member Skinner would serve on SWAMC until the Spring Annual Conference. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 5 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 18 of 146 AGENDA ITEM #S.A. CITIZENS' COMMENTS Scott Bonney commented regarding the trees around the Chiniak School and the value of notifications to Chiniak residents. He was in favor of the Accessory Dwelling Units and commented that they were willing to work with the Borough to give guidance regarding the Comprehensive Plan. ASSEMBLY MEMBERS' COMMENTS Assembly member Smiley was glad for the support for the AML Board nomination. He thanked the applicants who had applied for the vacant Assembly seat. Assembly member Symmons also thanked the Assembly seat applicants. He thanked Bayside Fire Chief Rue for his attendance at the Assembly meetings. Assembly member Ledoux also was thankful for the applicants. He thanked Assembly member Skinner for her service as the Deputy Presiding Officer for the past year. He commented about the Capital Improvement Projects (CIP) list. Assembly member Skinner thanked the Assembly seat applicants. She would like the CIP lists better coordinated next year. Assembly member Crow encouraged the Chiniak residents to consider forming a service area or a committee as an avenue to bring forth their concerns. Assembly member Van Daele thanked the applicants for the vacant seat, thanked the audience for allowing him to serve the community. Announcements Mayor Rohrer announced that an Assembly special meeting followed by a regular work session was scheduled for Thursday, November 10 at 6:30 p.m. in the borough conference room. The regular meeting scheduled for Thursday, November 17 had been canceled due to the Mayor and Assembly members attending the Alaska Municipal League Conference in Anchorage, Alaska November 14-18, 2016. There was an Assembly special meeting followed by a regular work session scheduled for Tuesday, November 29, 2016 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, December 1 at 6:30 p.m. in the Borough Assembly Chambers. The Borough offices would be closed Friday, November 11 in observance of Veterans Day. The Kodiak Island Borough was seeking applicants to fill a vacant Assembly member seat for an appointment to expire October 2017. Applications were available in the Borough Clerk's Office and on the Kodiak Island Borough website. They may be faxed to 907-486-9391, e- mailed to clerks@kodiakak.us, mailed, or hand delivered to Room 234, 710 Mill Bay Road, Kodiak, AK 99615 through tomorrow, November 4, 2016. If you have any questions, please call the Borough Clerk's Office at 486-9310. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 6 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 19 of 146 AGENDA ITEM #5.A. EXECUTIVE SESSION 1. Matters Involving Negotiations With The IBEW. VAN DAELE moved to convene into executive session to discuss Matters Involving Negotiations With The IBEW, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, and Skinner. CROW moved to invite the Borough Mayor, Assembly, Manager, and Clerk into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Skinner, and Smiley. After the vote, Mayor Rohrer recessed the regular meeting at 8:45 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9:50 p.m. and announced that direction was given to the Borough Manager on how to precede with the IBEW negotiations. ADJOURNMENT LeDoux moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. The meeting was adjourned at 9:51 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 7 of 7 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 20 of 146 AGENDA ITEM #S.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting December 1, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on December 1, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. SKINNER moved to amend the agenda by removing the following: Item 13.C.1, Ordinance No. FY2017-12 Rezoning Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision From PL -Public Use Lands District To Rl-Single-Family Residential District (P&Z Case No. 16-028). Item 13.D.4, Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Skinner, Smiley, Symmons, and Van Daele. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. APPROVAL OF MINUTES Regular Meeting Minutes of July 21, August 4, August 18, September 1, and September 15, 2016 and Special Meeting Minutes of August 11, August 25, September 22, and October 27, 2016 were approved under the consent agenda. CITIZENS' COMMENTS The following spoke under citizens comments regarding Resolutions No. FY2017-24 and 2017- 25: Stacy Studebaker Debra Nielsen Braxton Dew Slosh Anderson Theresa Peterson Jan Chatto Claudia Anderson Kodiak Island Borough December 1. 2016 Dan Urban Jill Wittenbrader Joseph Stanton Jeff Stewart Mike Milligan Cindy Trussell Peter Hanley Josh Fitzgerald Jay Johnston Molly Miller Dick Rohrer Curtis Bradham Pete Hannah Mike Sirofchuck Assembly Regular Meeting Minutes Page 1 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 21 of 146 Linda Himelbloom Tia Leber Summer Christiansen Deborah Carver Fred Fogle Steve Grey Mark Blakeslee Rae Jean Blaschka AGENDA ITEM #S.A. Chad Pusher Chad Barbour Mel Stephens Duane Dvorak, Resource Management Officer, spoke to the land issues relating to Resolutions No. FY2017-24 and FY2017-25. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Van Daele announced the next Borough Lands Committee meeting. He noted that the Borough was extremely fortunate to have Clerk Nova Javier who was currently serving as the President for the Alaska Association of Municipal Clerks (AAMC). He noted that Kodiak was taking leadership roles in the State. Assembly member Smiley was also selected to serve on the Alaska Municipal League (AML) Executive Board and the City of Kodiak currently held a seat on the Board as well. He gave an update regarding the resolution that was submitted to AML and was glad that they were able to garner support. Assembly member Symmons provided a brief update on the activities of the Marijuana Task Force. Assembly member Smiley gave an update regarding his attendance at the Newly Elected Officials (NEO) training and the (AML) conference. He was glad to represent the Borough on the AML Board. Assembly member Townsend felt that the NEO/AML training was valuable and informative. He appreciated the opportunity to attend. Assembly member Crow also attended AML and gave an overview of the Governor's presentation on the State budget. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Alaska Municipal Manager's Association and NEO/AML Conference attendance • Alaska Manager's training opportunities • Revenue sharing and State budget discussions • Potential Lands Trusts in Alaska • Karl Short was honored during the AML/JIA breakfast • Gave kudos to Bayside Fire Chief Rue and Community Development Department Director Sara Mason • Reached out to the Juneau and DC Lobbyists • Update that the school issues in Akhiok were being worked on Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 2 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 22 of 146 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced the upcoming Joint Work Session with the School District Board. He also provided an update regarding the Marijuana Task Force tasks that had been completed and the presentation of its recommendations to the Assembly. He welcomed Assembly member Townsend to the Assembly. UNFINISHED BUSINESS 1. Resolution No. FY2017-05 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision (P&Z Case No. 16-026). The motion on the floor was to adopt Resolution No. FY2017-05. The item was postponed at the September 1 regular meeting to November 17, 2016 Regular Meeting. The November 17 meeting was cancelled due to the attendance of Assembly members to the Alaska Municipal League Conference in Anchorage. The land disposal request was recommended by the Borough Lands Committee and initiated by the Borough Assembly. The intent of the request was to offer the parcels for sale to the public at a future Borough land sale. The Planning and Zoning Commission held a public hearing on the land disposal request at its July 13, 2016 regular meeting. During the public hearing, the Commission raised concerns over lot area and topographical constraints that would restrict the development of suitable residential building sites on each individual lot as currently platted. The Commission determined that Lots 2 and 3 should be replatted into a single parcel to ensure a suitable residential building site could be developed. Accordingly, the Commission voted four to two in favor of recommending that the Assembly approve the disposal of lots 2 and 3 as one lot. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. NEW BUSINESS Contracts Approval Of Change Order No. 1 Amending Contract FY2016-28 With Playcraft Direct Inc, To Purchase Playground Equipment For The Playground Replacements Project. SKINNER moved to approve Change Order No. 1 amending Contract FY2016-28 with Playcraft Direct Inc., in the amount of $355,136.38 to purchase playground equipment for the Playground Replacements project. Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority required Assembly approval for a change order exceeding $200,000. One of the bond projects approved by voters in the 2014 election was replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. After completing three other bond projects under budget during the summer of 2016, staff requested and received approval from the Alaska Department of Education and Early Development to redirect funds from those projects to replace the equipment in Larsen Bay as well. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 3 of 11 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 23 of 146 AGENDA ITEM #5.A. The Assembly approved Contract FY2016-28 with Playcraft Direct Inc. in May 2016, and Playcraft subsequently provided several options to meet the equipment budget for each school. In June and July 2016 Projects Office staff traveled to each village to meet with community members and receive input on their preferences. The results of these meetings were sent back to Playcraft who provided updated layouts and pricing for each site, which were then offered to each village for final approval. The change order was for approval to order the equipment selected by each village. The total budget for construction was $705,320, of which half was designated for equipment procurement and half for installation. The proposed cost for all the equipment was $355,136.38. An invitation to Bid for installation was scheduled to be issued in early 2017, and installation would occur in summer 2017. Funding for the project would come from general obligation bonds and a Designated Legislative Grant of $50,000 for the Chiniak playground. The bond funds were eligible for 70% reimbursement by the State of Alaska. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. Resolutions 1. Resolution No. FY2017-24 Accepting Conservation Easements For Habitat Preservation And Public Access On Leisnoi Incorporated Land At Long Island. TOWNSEND moved to adopt Resolution No. FY2017-24. Approximately one year ago, native corporation Leisnoi Incorporated proposed to sell conservation easements on Long Island to the Exxon Valdez Oil Spill Trustee Council (EVOSTC) for a total of 1,258.5 acres in two parcels. At that time, the assembly adopted KIB Resolution No. FY2016-14, indicating a willingness to consider holding the conservation easement agreements in order to benefit the local community and to allow the process to move forward. After a thorough process facilitated by conservation organization Great Land Trust, an easement agreement had been drafted based on extensive due diligence activities and reviewed by the various parties to the agreements. The completed draft conservation easement agreements were presented for review and acceptance by the assembly on behalf of the Kodiak Island Borough community. Assembly member Van Daele recused himself from this item and left the Assembly Chambers for the remainder of the discussion. CROW moved to amend Resolution No. FY2017-24 to include a section that included an indemnity drafted by the Borough attorney. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Symmons, Crow, and Skinner (Ayes); Smiley, LeDoux, Townsend, and Rohrer (Noes). Clerk's note: Mayor Rohrer voted to break a tie. ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO TWO: Symmons, LeDoux, Townsend, and Smiley (Ayes); Crow and Skinner (Noes). 2. Resolution No. FY2017-25 Accepting A Conservation Easement For Habitat Kodiak Island Borough Assembly Regular Meeting Minutes December 1. 2016 Page 4 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 24 of 146 AGENDA ITEM #5.A. Preservation And Public Access On Leisnoi Incorporated Land At Termination Point LEDOUX moved to adopt Resolution No. FY2017-25. Approximately one year ago, native corporation Leisnoi Incorporated had proposed to sell a conservation easement to the Exxon Valdez Oil Spill Trustee Council (EVOSTC) for a 1,028 acre parcel of land at Termination Point. At that time, the assembly adopted KIB Resolution No. FY2016-13, indicating a willingness to consider holding the conservation easement agreement in order to benefit the local community and to allow the process to move forward. After a thorough process facilitated by conservation organization Great Land Trust, an easement agreement had been drafted based on extensive due diligence activities and reviewed by the various parties to the agreement. The completed draft conservation easement was being presented for review and acceptance by the assembly on behalf of the Kodiak Island Borough community. CROW moved to amend Resolution No. FY2017-25 to include a section that included an indemnity drafted by the Borough attorney. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Crow, Skinner, Symmons (Ayes); LeDoux, Townsend, Smiley, and Rohrer (Noes). Clerk's note: Mayor Rohrer voted to break a tie. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: LeDoux, Townsend, Smiley, and Symmons (Ayes); Skinner and Crow (Noes). SYMMONS moved to recess the meeting at 8:46 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer reconvened the meeting at 8:55 p.m. and invited Assembly member Van Daele back to the dais. 3. Resolution No. FY2017-26 A Resolution Of The Assembly Of The Kodiak Island Borough In Support Of Full Funding From The State of Alaska For The School Bond Debt Reimbursement And State Aid For Construction In Regional Education Attendance Areas. SKINNER moved to adopt Resolution No. FY2017-26. The resolution was in support of municipalities asking for the State of Alaska to pay out the full funding of FY2017 school bond debt reimbursement as well as funding in full the State Aid for Construction in Regional Education Attendance Areas and encouraging the State to not decrease the funding in these areas in the future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. 4. Resolution No. FY2017-21 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1 st Addition (P&Z Case No. 17-003). Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 5 of 11 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 25 of 146 AGENDA ITEM #5.A. SKINNER moved to adopt Resolution No. FY2017-21. On September 21, 2016, the Planning and Zoning Commission voted to adopt P&Z Resolution No. FY2017-09, in support of retaining Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition. The case was originally heard on August 17, 2016, but was postponed to allow for additional public participation. 37 additional public hearing notices were received prior to the public hearing on September 21, 2016; 36 of which opposed disposal. A number of respondents brought to staffs attention the existing drainage issues in the area, in addition to the uses of the land by the public that staff was originally unaware of. Staffs original recommendation on August 17, 2016 was in support of disposal. However, based on new information provided through public input, staffs recommendation at the September 21, 2016 meeting supported retention of the parcel. ROLL CALL VOTE ON MOTION FAILED THREE TO FOUR: Smiley, Symmons, and Van Daele (Ayes); Crow, LeDoux, Townsend, and Skinner (Noes). 5. Resolution No. FY2017-23 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lot 3, Lake Orbin Subdivision (P&Z Case No. 17-007). LEDOUX moved to adopt Resolution No. FY2017-23. The land disposal request was recommended by the Borough Lands Committee and initiated by the Borough Assembly. The subject parcel was previously approved for disposal in 2001 by KIB Resolution No. 2001-02. However, given the length of time since that approval, a new disposal request was initiated in order to make the community, particularly property owners in the surrounding area, aware of the proposal to dispose of the property. The parcel was identified as Rural Residential in the 2008 Comprehensive Plan and was zoned RR1-Rural Residential One, which made it suitable for residential development. There was a perceived need for additional residential land in the community. Accordingly, the disposal was an effort to address that need by offering the parcel for sale to the public at a future Borough land sale. The Planning and Zoning Commission held a public hearing on the land disposal request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the land disposal. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, Townsend, and Skinner. 6. Resolution No. FY2017-22 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lots 1 and 2, Raven Hills Subdivision (P&Z Case No. 17-006). SKINNER moved to adopt Resolution No. FY2017-22. Kodiak Island Borough December 1. 2016 Assembly Regular Meeting Minutes Page 6 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 26 of 146 AGENDA ITEM #5.A. The land disposal request was recommended by the Borough Lands Committee and initiated by the Borough Assembly. The land was previously approved for disposal in 2001 by KIB Resolution No. 2001-02. However, given the length of time since that approval, a new disposal request was initiated in order to make the community, particularly property owners in the surrounding area, aware of the proposal to dispose of this property. Both Parcels were identified as Rural Residential in the 2008 Comprehensive Plan and were zoned RR1-Rural Residential One, which made it suitable for residential development. There was a perceived need for additional residential land in the community. Accordingly, the disposal was an effort to address that need by offering the parcel for sale to the public at a future Borough land sale. The Planning and Zoning Commission held a public hearing on the land disposal request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the land disposal. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Townsend, Skinner, and Smiley. Ordinances for Introduction 1. Ordinance No. FY2017-12 Rezoning Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision From PL -Public Use Lands District To R1 -Single -Family Residential District (P&Z Case No. 16-028). This item was removed under approval of the agenda. 2. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two - Family Dwellings. CROW moved to adopt Ordinance No. FY2017-22 (Version 2) in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance returns the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code were discussed at the Borough Assembly's October 27, 2016 Work Session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt -out for single-family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as written, assumed option 2 cited above. However, appropriate language was also included in the packet should the Assembly wish to pursue inclusion of an opt -out provision. Issues identified in relation to the opt -out provision and potential management/mitigation strategies were outlined in staffs memo. VANDAELE moved to amend Ordinance No. FY2017-22 by substitution (Version 3). ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FIVE: Smiley and Van Daele (Ayes); Crow, LeDoux, Townsend, Skinner, and Symmons (Noes). Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 7 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 27 of 146 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Townsend, Skinner, Smiley, and Symmons. Other Items 1. Procurement Of A Ford F350 1 Ton 4X4 Truck for the Kodiak Island Borough Leachate Treatment Plant. This item was approved under the consent agenda. 2. State Of Alaska Alcoholic Beverage Control Board Request For Renewal Of Liquor License Applications Within The Kodiak Island Borough Jurisdiction. This item was approved under the consent agenda 3. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. SKINNER moved to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, Cities and Villages with two changes noted by Mayor Rohrer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Skinner, Smiley, Symmons, and Van Daele. 4. Confirmation Of The Annual Mayoral Appointments To The Various Boards, Committees, And Commissions. This item was removed under Approval of the Agenda Consent Agenda. 5. Confirmation Of The Mayoral Appointment To The Kodiak Workforce Regional Advisory Council Health And Sports Fitness Seat (Ms. Melissa Passarello). SKINNER moved to appoint Ms. Melissa Passarello to the Health and Sports Fitness seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2020. On October 12, 2016 the Clerk' Office received an application from Ms. Melissa Passarello for the Health and Sports Fitness seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. 6. Confirmation Of The Mayoral Appointment To The Planning And Zoning Commission City Seat (Mr. Chris Hatch). SKINNER moved to confirm the Mayoral appointment of Mr. Chris Hatch to the City Seat on the Planning and Zoning Commission for a seat to expire December 31, 2019. There was one vacant City seat on the Planning and Zoning Commission. The seat had been vacant since December 2015. It was advertised per Borough Code and an application was received from Mr. Chris Hatch. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 8 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 28 of 146 AGENDA ITEM #5.A. The City of Kodiak forwarded a recommendation after its meeting on Thursday, November 10 to appoint Mr. Hatch to the vacant city seat for a term to expire December 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. SKINNER moved to extend the meeting to 11 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. CITIZENS' COMMENTS Les James expressed his disappointment regarding the result of the votes on Resolution No. FY2017-21. Jeff Stewart commented regarding the building code changes. VAN DAELE moved to suspend the rules to move the Assembly members' comments before the executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY ASSEMBLY MEMBERS' COMMENTS Assembly member Van Daele would definitely continue to look for options to increase lands available to the public. Assembly member Crow commented on property development in Kodiak. He was happy for Leisnoi and Kodiak for being able to enjoy the easements. He would be happy to work on building codes to provide exemption outside of the City. Assembly member Smiley gave a rundown of the resolutions adopted by AML and an overview of the items covered during the AML Conference. Assembly member LeDoux thanked the Borough Lands Committee and urged them to continue being proactive. He appreciated those who attended the meeting. He further commented on the decision of the Assembly to retain the property addressed through Resolution No. FY2017-21. He thanked Assembly member Skinner for her service on the Kodiak Fisheries Work Group. In response to his inquiry about wood permits, Manager Powers explained the process. Assembly member Symmons was pleased with the Manager's work and thanked the public members for their attendance. Announcements Mayor Rohrer announced the Assembly would hold a Joint Work Session with the School District Board on Tuesday, December 6 in the School District's Conference Room. The next Assembly work session would be held on Thursday, December 8 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, December 15 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 9 of 11 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 29 of 146 AGENDA ITEM #5.A. EXECUTIVE SESSION 1. Strategies In Negotiating The Hospital Lease. SKINNER moved to convene into executive session to discuss strategies in negotiating the hospital lease which qualifies for executive session per KIBC 2.30.030(F.1.b) any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Skinner, Smiley, Symmons, and Van Daele. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. After the vote, Mayor Rohrer recessed the regular meeting at 10:28 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:56 p.m. and announced that no action was taken as a result of the executive session. 2. Matters Involving Negotiations With The IBEW SKINNER moved to convene into executive session to discuss Matters Involving Negotiations With The IBEW which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. After the vote, Mayor Rohrer recessed the regular meeting at 10:57 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:58 p.m. and announced that direction was given to the Manager to continue with the negotiations. ADJOURNMENT SKINNER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, Townsend, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 10 of 11 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 30 of 146 The meeting was adjourned at 10:58 p.m. ATTEST: AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough December 1, 2016 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 11 of 11 Page 31 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting December 15, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on December 15, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Daniel Rohrer, Assembly members Kyle Crow, Larry LeDoux, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. CROW moved to excuse Assembly member Rebecca Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA CROW moved to approve the agenda and consent agenda. APPROVAL OF MINUTES Regular meeting minutes of June 16 and October 20, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Duane Dvorak, Shop Steward for the IBEW Bargaining Unit, appreciated the important and clear direction coming from the Assembly. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly Van Daele gave an update regarding the work being done by the Borough Lands Committee. He also looked forward to the spring land sale. PUBLIC HEARING A. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two - Family Dwellings. TOWNSEND moved to adopt Ordinance No. FY2017-22 Version 2. The ordinance returns the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 1 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 32 of 146 AGENDA ITEM #5.A. were discussed at the Borough Assembly's October 27, 2016 Work Session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt -out for single-family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligns with option 3 cited above. Several memos had been provided by staff and were provided in the packet as historical documentation. At the December 1, 2016 Meeting, Version 2 of the ordinance was advanced to public hearing. The City of Kodiak City Council provided a letter to the Borough regarding the building code and the MOA on December 8, 2016, which was also included in the packet. Version 2, as advanced on December 1, 2016 was included in the packet, as well as a draft which began to address the City's concerns. This draft was labeled as Ordinance No. FY2017- 22 Version 4. Mayor Rohrer opened the public hearing. Jeffrey Stewart voiced concerns on the "opt out" clause in regards to potentially opting out of adhering to the fire codes and potential harm that could be posed to neighbors. Bob Bowhay voiced concerns that there was a need for proper road access to the new parcels that were opened up for sale and that there should be parameters in place to allow people to build safely. There was a history of development that hadn't been able to meet the needs of fire equipment access. He stated that parameters must be in place to protect the community and safety must come first. Mayor Rohrer closed the public hearing. CROW moved to amend by substitution version 4 and postpone Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readapt The 2012 International Residential Code For One And Two -Family Dwellings to the next regular meeting of the Assembly and direction was given to staff to provide policy recommendations to related issues. SMILEY moved to call the question. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Townsend, Smiley, Van Daele (Ayes); Symmons (No). ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: LeDoux, Townsend, Smiley, Van Daele, Crow (Ayes); Symmons (No). BOROUGH MANAGER'S REPORT Manager Powers reported on the following: Update on the State Funding reduction was received today as of 7:45 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 2 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 33 of 146 AGENDA ITEM #5.A. • Meeting with representatives from Afognak regarding the lease parcels • Bayside Fire was busy with equipment inventory • Hospital related update • Metals cleaned up from the villages MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS 1. Ordinance No. FY2017-11 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 2 And 3, Block 38, East Addition Subdivision From Public Facilities/Ownership to Urban Residential (P&Z Case No. 16-027). CROW moved to adopt Ordinance No. FY2017-11 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Future Land Use Designation change request was recommended by the Borough Lands Committee and initiated by the Borough Assembly in conjunction with P&Z Case No. 16-026 (land disposal) and P&Z Case No. 16-028 (rezone). The Planning and Zoning Commission held a public hearing on the Comprehensive Plan amendment request at its July 13, 2016 regular meeting. The Commission voted five to one in favor of recommending that the Assembly approve the Future Land Use Designation change. At its December 1, 2016 regular meeting the Assembly voted against disposing of these lots. However, per KIBC 17.205.055 and KIBC 17.205.060, the Assembly must take action on this amendment and thus cannot remove the item permanently from the agenda. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Townsend, Smiley, Symmons, Van Daele, Crow, and LeDoux. NEW BUSINESS Contracts 1. Contract No. FY2017-15 Award Of Bid For Spruce Tree Seedling Hand Planting In Chiniak. VAN DAELE moved to authorize the manager to award Borough Contract FY2017-15 with Carter & Carter Enterprises for the bid for spruce tree seedling hand planting in Chiniak in the amount of $186,400. Staff distributed a bid solicitation and project specifications by targeted email to five (5) qualified vendors on October 17, 2016. The solicitation had a closing date of November 8, 2016 at 3 p.m. At bid closing, the Borough had received two (2) timely and responsive bids one from Carter & Carter Enterprises, Inc. ($186,260.00) and another from Future Forests ($222,400.00). Additional information was attached to the packet to show the invitation to bid and submitted bid documents. After reviewing the bids with the Borough's Forest Management Consultant, Wade Wahrenbrock, staff recommended that the assembly award Borough Contract FY2017-15 to Carter & Carter Enterprises, Inc. in the amount of $186,260.00. Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 3 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 34 of 146 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Smiley, Van Daele, Crow, LeDoux, and Townsend (Ayes); Symmons (No). VAN DAELE moved to recess the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the meeting at 8:21 p.m Mayor Rohrer reconvened the meeting at 8:27 p.m 2. Contract Change Order For KIB Contract FY2016-53 To Increase The Amount Of Contract By $15,000 For Forest Management Consulting Services To Complete Salvage Harvest Compliance Monitoring And Prepare For 2017 Reforestation Efforts. SMILEY moved to approve Change Order No. 1 for Borough Contract FY2016-53 in the amount of $15,000. The Borough had engaged the services of Forest Management Consultant, Wade Wahrenbrock, under Borough Contract FY2016-53 since May 2016 after the decision was made to conduct a timber salvage sale and harvest operation on borough land in Chiniak. The project was determined to be necessary after several months of investigation in the aftermath of the Twin Creeks Fire. Borough staff was not experienced in forest management matters and it was determined to be advisable to bring in the necessary technical expertise to look out for the Borough's interest under Salvage Timber Sale Contract FY2016-45 and to ensure compliance with the Alaska Forest Resources and Practices Act. Based on estimated costs derived from the timber cruise for the borough land in question, staff budgeted $100,000.00 for technical services, administrative oversight and miscellaneous expenses related to the project. To date, approximately $54,000.00 had been spent from the budgeted amount. The details were provided in the memorandum attached to the packet. Due to unanticipated time and expense devoted to multiple contract changes, boundary changes, riparian management issues, school salvage plans and other activities related to reforestation bid preparation and planning, the contract as originally approved was nearly depleted as of this writing. Because A-1 Timber was going on hiatus for the month of December, there was time to consider adjusting the contract in order to finish out the project. While certain activities such as road building and resource extraction were going to wind down now, activities in preparation for the reforestation phase would be picking up as the project continued to move forward. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Symmons, Crow, LeDoux, Townsend, and Smiley (Ayes); Van Daele (No). 3. Contract No. FY 2017-17 Snow Removal And Ice Control Services For Various Kodiak Island Borough Facilities. Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 4 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 35 of 146 AGENDA ITEM #S.A. SMILEY moved to authorize the Manager to execute Contract No. FY2017-17 Snow Removal And Ice Control Services For Various Kodiak Island Borough Facilities with MK Enterprises, LLC. Contract No. FY 2017-17 was for the Snow Removal and Ice Control Services for Various Kodiak Island Borough facilities for time and materials based on the proposals submitted for the period of December 15, 2016 through June 30, 2018. The Kodiak Island Borough Engineering and Facilities (E/F) Department advertised the need for Snow Removal and Ice Control Services for parking lot snow removal, sanding at the Borough Schools, Administrative Building, Kodiak Fisheries Research Center (KFRC), and Landfill/ Treatment Plant. Four proposals were received from Brechan Construction, LLC; AIM Maintenance; Kodiak Lawn Care and Snow Removal; and MK Enterprises, LLC. The proposal opening happened on November 21, 2016 in the borough conference room. The submitted proposals had individual price quotes for snow and Ice control at each facility along with hourly rates for additional equipment. Proposal tabulations were completed and reviewed by the E/F Department staff members. The proposals were analyzed using the tabulation form setup before the RFP went out and was part of the RFP packet. The tabulation form reflected an average cost per facility total to determine the lowest responsive proposal. Questions were raised at the pre-bid meeting and were all answered in an addendum. The Bid tabulations of the four bidding firms were provided along with all backup documentation. ADDITIONAL FUNDING INFORMATION These services would be funded from the following funds; 220-232 Borough Building, 530-731- 701 & 702 Landfill and Treatment Plant, 555-758 Kodiak Fisheries Research Center, 201 Education Support Funding. A total of $107,000 had been budgeted for all the funds combined. The E/F Department recommended awarding the contract for the Snow Removal and Ice Control Services for Various Kodiak Island Borough Facilities to MK Enterprises, LLC. The Contract would name MK Enterprises, LLC as the Contractor of the work, and all invoicing, etc. would be provided through the Contractor. The contract was an 18 month contract with the option of two one-year extensions. Mayor Rohrer disclosed his brother was one of the bidders but his company did not win the contract and that does not pose a conflict of interest. Assembly member Townsend also disclosed he worked for Brechan Construction but was not involved in snow removal and did not pose a conflict of interest. Assembly member Symmons also disclosed he worked closely with all the bidders but not involved in snow removal and did not pose a conflict of interest. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Van Daele, Crow, LeDoux, Townsend, and Smiley (Ayes); Symmons (No). 4. Contract No. FY2017-18 Collective Bargaining Agreement with the International Brotherhood of Electrical Workers Local 1547. Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 5 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 36 of 146 AGENDA ITEM #5.A. SMILEY moved to authorize the manager to execute Contract No. FY2017-18 with the International Brotherhood of Electrical Workers, Local Union 1547 and to adjust the Borough Salary Schedule to reflect the COLA for all Borough employees (union and non-union) effective January 1, 2017 and for subsequent years as agreed upon in the contract. The Borough had one Collective Bargaining Unit (IBEW) that represented a significant number of positions within the Borough. The other employees were not represented. Historically, the Borough and IBEW had negotiated three-year agreements covering nearly all aspects of employment with the Borough. While wages often take "center stage', there were numerous working condition items contained in the Collective Bargaining Agreement (CBA). In this round of negotiating a new CBA, they worked together to consider various topics. Many housekeeping items were addressed to updating title/position information; definition of family; and other small edits to improve the document. In terms of substantive issues, amended were the severance provisions for long-term employees that would be laid off should the Borough experience a reduction in force; amended the recall provisions for employees laid off due to reductions in force; increased compensation by 2.5% over three years; amended the previously negotiated "Birthday Holiday" to allow flexibility for both the Borough and the employee to take the day within three months of their birthday; changed the language regarding special training/education reimbursement to be uniform in the various sections; amended the language for cash -in of annual leave to more accurately reflect its purpose; and cleaned up Chapter 19 to read in a more logical manner; as well as memorializing Letters of Agreement previously approved. Further, outside of the Agreement, it was agreed to include IBEW as one of the advertisers of vacant positions and hopefully laid the groundwork to clean up any lingering issues associated with classifications. While the team did not memorialize any provisions regarding the Salary Schedule, the Borough's negotiating team opines that, prior to the end of the Agreement, a salary study should be completed and we should seek the assistance of IBEW to complete the study. Historically, the non-union employees were provided changes in the salary schedule that mimic the changes in the Collective Bargaining unit and were included in this action. The items negotiated and agreed upon as outlined were provided in the packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Smiley, Symmons, and Van Daele. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2017-12 Rezoning Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision From PL -Public Use Lands District To R1 -Single -Family Residential District (P&Z Case No. 16-028). SYMMONS moved to adopt Ordinance No. FY2017-12 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 6 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 37 of 146 AGENDA ITEM #5.A. The rezone request was recommended by the Borough Lands Committee and initiated by the Borough Assembly in conjunction with P&Z Case No. 16-026 (land disposal) and P&Z Case No. 16-027 (Comprehensive Plan amendment). The request was to rezone the subject parcels from PL -Public Use Lands District to R2 -Two- family Residential District. During the Planning & Zoning Commission's Review of the associated cases, the Commission determined that R1 -Single-family Residential Zoning was more consistent with surrounding zoning and uses than the requested R2 -Two-family Residential zoning. Accordingly, the Commission moved to rezone the subject parcels to R1 - Single -family residential rather than R2 -Two-family residential. The Planning and Zoning Commission held a public hearing on the rezone request at its July 13, 2016 regular meeting. The Commission voted five to one in favor of recommending that the Assembly approve the rezone. Staff notes: This was first added to the agenda on September 1, 2016. The Assembly did not make a motion to introduce the ordinance. It would be an ordinance for introduction again the next time it was added to the agenda. At its December 1 regular meeting the Assembly voted against Resolution No. FY2017-21 which disposed of these lots. At the same meeting, the Assembly removed the ordinance off the agenda; however, per KIBC 17.205.055 and KIBC 17.205.060, the Assembly must take action on this amendment and thus this ordinance was before the Assembly again for official action. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: LeDoux, Townsend, Smiley, Symmons, Van Daele, and Crow. Other Items 1. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. LEDOUX moved to confirm the following Mayoral appointments: • Scott Arndt and Colin Young for terms to expire 2019 and Jerrol Friend for a term to expire 2017 on the Architectural Review Board • Steven Neff, Nathan Svoboda, and Jeffrey Stewart for terms to expire 2019 on the Solid Waste Advisory Board • Colin Young for a term to expire 2019 on the Planning and Zoning Commission • Robert Hoedel for a term to expire 2019 on the Mission Lake Tide Gate Service Area Board The Clerk's Office advertised the impending vacancies per Borough code. A copy of the ad was attached to the packet. Applications were received from the following: Architectural Review Board - Two (Three -Year Terms), One (One -Year Term) • Colin Young (Incumbent) • Scott Arndt (Incumbent) Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 7 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 38 of 146 AGENDA ITEM #S.A. • Jerrol Friend (Appointed to a one year term) • Steven Neff (Already on the Board) Solid Waste Advisory Board - Three (Three -Year Terms) • Steven Neff (Incumbent) • Nathan Svoboda (Incumbent) • Jeffrey Stewart (Incumbent) Planning and Zoning Commission - One (Three -Year Term) • Steven Neff • Colin Young Mission Lake Tide Gate • Robert Hoedel (Incumbent) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Smiley, Symmons, Van Daele, Crow, and LeDoux. 2. Approval Of A Letter To Send To The Alaska State Legislature To Impose No Further Cuts To the ADF&G Budget Particularly To The Division of Commercial Fisheries. VAN DAELE moved to Approve A Letter To Send To The Alaska State Legislature To Impose No Further Cuts To the ADF&G Budget Particularly To The Division of Commercial Fisheries. The letter was requested by the Kodiak Fisheries Work Group (KFWG). This was the third letter recommended by KFWG. The other two below were approved on Monday, November 28 during a special meeting. Kodiak Island Borough And City Of Kodiak Comment Letter To North Pacific Fisheries Management Council December 2016 Meeting Regarding Gulf Of Alaska Trawl Bycatch Management Action. Letter Of Support For A 2017 Saltonstall-Kennedy (S -K) Research Program Pre - Proposal Number [012]: "Improving Chinook Salmon Bycatch Estimates For The Gulf Of Alaska Trawl Fleet: Alternatives Addressing Accuracy, Cost, And Timeliness." ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. CITIZENS' COMMENTS Paul VanDyke, Fire Protection Area No. 1 Chair, congratulated Fire Chief Rue on his one year anniversary working for the Borough. He noted Chief Rue's work and accomplishments. Duane Dvorak expressed thanks to the Assembly for the approval of the bargaining unit contract. Jeffrey Stewart commented regarding the density of the trees in the proposed tree -replanting contract. ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough December 15. 2016 Assembly Regular Meeting Minutes Page 8 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 39 of 146 AGENDA ITEM #5.A. Assembly member Van Daele spoke to his experience at AML and quoted one of the closing speakers "I wish you a lifetime of happiness, peace, and prosperity and a life filled with love because that is what matters most'. Have a wonderful and blessed holiday season. Assembly member Crow wished everyone a Merry Christmas and a Happy New Year. Assembly member LeDoux commented regarding the Joint Assembly and School Board resolution that was coming forward that established consistent communication between the two bodies. In celebration of the holiday, he asked to keep in mind those who were in need in the community. Assembly member Symmons encouraged community members to attend meetings and he thanked those who participated during public comments. He asked that the public use caution and yield to the road crews who were working on the roads. Assembly member Smiley wished everyone Happy Holidays. Assembly member Townsend expressed enjoyment in his new capacity as an assembly member. Announcements Mayor Rohrer announced that the Assembly would hold a joint work session with the City Council on Wednesday, December 21 at 7:30 p.m. in the borough assembly chambers. The Assembly work session scheduled on Thursday, December 29 and the regular meetings scheduled on Thursday, January 5 were canceled. An Assembly special work session had been scheduled for Thursday, January 5 at 6:30 p.m. in the borough assembly chambers. A meeting was scheduled on Tuesday, January 10 at 6:30 p.m. at the Bayside Fire Hall regarding the Otmeloi Way paving project. The Mayor and a quorum of the Assembly may be in attendance. The next Assembly work session would be held on Thursday, January 12 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, January 19 at 6:30 p.m. in the borough assembly chambers. The Borough offices would be closed on Monday, December 26 and Monday, January 2 in observance of the Christmas and New Year's Day holidays. EXECUTIVE SESSION 1. Strategies In Negotiating The Hospital Lease. CROW moved to convene into executive session to discuss strategies in negotiating the hospital lease which qualifies for executive session per KIBC 2.30.030(F.1.b) any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Townsend, and Smiley. CROW moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 9 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 40 of 146 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Townsend, Smiley, and Symmons. After the vote, Mayor Rohrer recessed the regular meeting at 9:22 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9:53 p.m. and announced that direction was given to the Manager to continue with the negotiations. 2. Settlement Negotiations Between The Kodiak Island Borough and Energy Plus Homes. CROW moved to convene into executive session to discuss Settlement Negotiations Between The Kodiak Island Borough and Energy Plus Homes which qualifies for executive session per KIBC 2.30.030(F.1.b) any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Smiley, Symmons, and Van Daele. CROW moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Townsend, Smiley, Symmons, Van Daele, and Crow. After the vote, Mayor Rohrer recesses the regular meeting at 9:55 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:01 p.m. and announced that direction was given to manager to continue with the settlement negotiations. ADJOURNMENT TOWNSEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: The meeting was adjourned at 10:02 p.m ATTEST: KODIAK ISLAND BOROUGH Daniel Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes December 15, 2016 Page 10 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 41 of 146 Kodiak Island Borough December 15, 2016 AGENDA ITEM #5.A. Assembly Regular Meeting Minutes Page 11 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 42 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting February 2, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on February 2, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation and the Pledge of Allegiance was led by Mayor Rohrer. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. CROW moved to excuse Assembly member Rebecca Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. LEDOUX moved to suspend the rules to move awards and presentations ahead of citizens' comments. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: LeDoux, Smiley, Symmons, Townsend, and Van Daele (Ayes); Crow (Noes). AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of February 2017 as Teen Dating Violence Awareness And Prevention Month in Kodiak and applauded the efforts of the Kodiak Women's Resource and Crisis Center for their efforts in promoting awareness about teen dating violence. Mayor Rohrer proclaimed February 18, 2017 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize our Coast Guard community for their individual efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Manager Powers presented the Employee of the Quarter Award for the Fourth Quarter of 2016 to Brandi Wagner, Secretary III, in the Finance Department. VAN DAELE moved to suspend the rules to allow public comments to 5 minutes per person each. Kodiak Island Borough February 2, 2017 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 1 of 7 Page 43 of 146 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: LeDoux, Symmons, Van Daele, and Crow (Ayes); Smiley and Townsend (Noes). CITIZENS' COMMENTS The following citizens commented on Ordinance No. FY2017-22 Jerrol Friend Rachel Whiddon Paula Laird Don Roberts Fred Stager Lisa Kostelecky Ray Nordgulen Wayne Aboussleman Mike Scannel Merissa Koller -Williams Bill St. Clair Bruce McNeil Aaron Griffin Steel McNeil Craig Olsen Dan Beehler Chris Kostelecky Rebecca Nelson Judi Kidder Justin Thran Nick Szabo Cheryl McNeil David Wilmot Judy Mullican Paul VanDyke Jonathan Strong commented on the extension of the sunset clause for the Marijuana ordinance. Tiffany Stuart from the Kodiak Historical Society expressed appreciation for receiving nonprofit funding and she provided a brief update on what the money was used for. Major Dave Davis from the Salvation Army also expressed appreciation for the nonprofit funding. Mayor Rohrer called a five-minute recess at 8:20 p.m. and reconvened the meeting at 8:26 p.m. COMMITTEE REPORTS Assembly member LeDoux announced that the Kodiak Fisheries Work Group (KFWG) would meet on February 8 to discuss its organization. Assembly member Van Daele announced that the Borough Lands Committee (BLC) would be meeting the first Wednesday of the month for two hours. PUBLIC HEARING Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. LEDOUX moved to adopt Ordinance No. FY2017-25. The Kodiak Island Borough had adopted Roberts Rules of Order (RRO) as its parliamentary authority. According to RRO, a motion may not be postponed beyond the next regular meeting. There were times when it was in the best interest of the Assembly to postpone an action for several meetings or months in order to gather additional information or to request further research on the part of the administration so that an informed decision could be made. At other times, the Assembly may wish to wait for action on the part of other boards, governing bodies, or the State Legislature before acting on an item that was before the Assembly, as their actions may affect the Borough's stance. The ordinance seeks to enact a special parliamentary rule allowing the Assembly, by majority vote, to postpone an action item beyond the one meeting limitation set out in RRO. This would Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 2 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 44 of 146 AGENDA ITEM #5.A. allow the Assembly to continue its past practice of postponing beyond the next meeting without violating its adopted parliamentary rules and procedures. Mayor Rohrer opened the public hearing. Judi Kidder spoke in favor of Ordinance No. FY2017-25. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • KIB Staff met with Providence Staff and continued the lease negotiations. • Budget preparation • Review of investment opportunities specifically looking into longer term securities MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer welcomed Clerk Javier back from her vacation. He announced the February 15 Joint Work Session with the City of Kodiak. UNFINISHED BUSINESS 1. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two - Family Dwellings. The motion on the floor was to adopt Ordinance No. FY2017-22 (Version 4a). The ordinance returned the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code were discussed at the Assembly's October 27, 2016 Work Session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt -out for single-family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligned with option 3 cited above. Several memos had been provided by staff and were attached to the packet as historical documentation. At the December 1, 2016 meeting, Version 2 of the ordinance was advanced to public hearing. The City of Kodiak City Council provided a letter to the Borough regarding the building code and the MOA on December 8, 2016, which was included in the packet. Version 2, as advanced on December 1, 2016 was included in the packet, as well as a draft which begins to address the City's concerns. The draft was labeled as Ordinance No. FY2017- 22 Version 4. At the December 15, 2016 meeting, the Assembly held a public hearing on version 2 and then amended version 2 by substitution with version 4, postponed version 4 to the next regular Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 3 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 45 of 146 AGENDA ITEM #5.A. meeting of January 19, 2016 and directed staff to provide recommendations to the policy questions raised by staff at that meeting. At the January 19, 2017 meeting, the Assembly amended version 4 and postponed to the February 2, 2017 regular meeting. Staff had prepared a memo related to the implementation of Ordinance No. FY2017-22 for discussion at the meeting. At the January 26, 2017 Work Session, Assembly members discussed options for bifurcating the two issues being dealt with in the ordinance. In response, staff had drafted Version 4B (included both reversion to 2012 IRC and "opt out" provision), Version 5 (included only reversion to 2012 IRC), and Version 6 (included only "opt out" provision) for consideration at the February 2, 2017 Regular Meeting. VAN DAELE moved that the motion to adopt Ordinance No. FY2017-22 (Version 4A) be divided and consider lines 1-174 (Split A) and lines 194-208 (Split B) separately. ROLL CALL VOTE TO DIVIDE THE ORDINANCE CARRIED FIVE TO ONE: Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Symmons (No). Clerk's note: Crow changed his vote from a No vote to a Yes vote. Mayor Rohrer announced that lines 1-174 (Split A) was before the Assembly. CROW moved to postpone to the next regular meeting of the Assembly. VAN DAELE moved to call the question to end discussion. ROLL CALL VOTE TO END DISCUSSION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO ONE: Van Daele, LeDoux, Smiley, Townsend, and Crow (Noes); Symmons (Ayes). ROLL CALL VOTE ON MOTION TO ADOPT SPLIT A CARRIED UNANIMOUSLY: Crow, LeDoux, Smiley, Symmons, Townsend, and Van Daele. Mayor Rohrer announced that Split B was now before the Assembly. TOWNSEND moved to amend Ordinance No. FY2017-22 Version 4A, Split B by adding on lines 189-191 (from version 7) which read: "C. In order to seek an exemption under KIBC 15.010.050 an individual must not have received prior exemptions under KIBC 15.10.050.B for a parcel or tax lot which is different than that for which the current exemption is being sought." ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Smiley, Symmons, Townsend, Van Daele, and Crow (Ayes); LeDoux (Noes). VAN DAELE moved to call the question. ROLL CALL VOTE TO CLOSE DEBATE FAILED FOUR TO THREE: Symmons, Townsend, Crow, and Rohrer (Noes); Smiley, Van Daele, and LeDoux (Noes). CROW moved to amend Split B to state that the ordinance takes effect 90 days from adoption. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 4 of 7 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 46 of 146 AGENDA ITEM #S.A. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. CROW moved to call the question on Split B. VOICE VOTE TO END DISCUSSION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON SPLIT B MAIN MOTION AS AMENDED FAILED FOUR TO TWO: LeDoux, Smiley, Van Daele, and Crow (Noes); Symmons and Townsend (Ayes). Clerk's note: Assembly member Crow changed his Yes vote to a no vote. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2017-28 Supporting Pink Salmon Disaster Relief and Urging Congress to Appropriate Disaster Relief Funding. LEDOUX moved to adopt Resolution No. FY2017-28. Due to poor pink salmon returns throughout the Gulf of Alaska during the 2016 pink salmon fishery, Governor Walker requested and received a determination of a commercial fishery failure (disaster) from the US Department of Commerce. The disaster declaration included the Kodiak Area pink salmon fishery. The Borough's lobbying contractor had recommended passing a resolution in favor of pink salmon disaster relief. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Symmons, Townsend, Van Daele, and Crow. Ordinances for Introduction 1. Ordinance No. FY2016-17A Amending Ordinance No. FY2016-17 To Extend The Sunset Date Relating To The Current Regulation Of Marijuana Businesses From February 28, 2017 To April 30, 2017. SYMMONS moved to adopt Ordinance No. FY2016-17A in first reading to advance to public hearing at the next regular meeting of the Assembly. Ordinance No. FY2016-17 created KIBC 5.02 Marijuana Businesses. The ordinance also included a sunset date in which the provisions identified in KIBC 5.02 became null and void. The date was February 28, 2017. The proposed amendment before the Assembly moved the sunset date to April 30, 2017. The additional time allowed for the Assembly and Planning and Zoning Commission to review the proposed regulations put forward by the Marijuana Task Force (created by Resolution No. FY2016-31) and to receive additional public comment on the issue. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. 2. Ordinance No. FY2017-26 Amending KIBC Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.040 Organization And Deputy Presiding Officer To Clarify The Role Of The Mayor In Appointing A Deputy Presiding Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 5 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 47 of 146 AGENDA ITEM #5.A. Officer Or A New Assembly Member In Case Of A Tie LEDOUX moved to adopt Ordinance No. FY2017-26 in first reading to advance to public hearing at the next regular meeting of the assembly. KIBC 2.30.040 lays out the procedure for the election of a deputy presiding officer and the same provision was used for appointing an Assembly member to a vacated seat. An amendment to this section was necessary to provide for a mechanism to resolve a tie and to avoid an impasse. KIBC 2.30.070 (F)(4) provided that the Mayor may vote in case of a three/three tie vote and Alaska Statute 29.20.250 provided further guidance which stated "The mayor may not vote, except that the mayor of a first class city or a mayor of a borough with a manager form of government may vote in the case of a tie. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, and Smiley. Other Items 1. Declaring A Seat On The Parks And Recreation Committee Vacant (Ms. Marnie Leist). VAN DAELE moved to declare the seat held by Ms. Marnie Leist on the Parks and Recreation Committee for a seat term to expire December 2017 vacant and direct the Clerk to advertise the vacancy per Borough Code. On January 17, 2017 the Clerk's Office received notice of the resignation of Ms. Marnie Leist, who served on the Parks and Recreation Committee since February 2015. Per KIBC 2.100.070(A)Vacancies, it was necessary to declare the seat held by Ms. Leist vacant, and according to KIBC 2.100.070(D) the vacancy shall be advertised for new applicants for a seat term to expire December 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. 2. Letter Of Support For Fish And Game Who Is Pursuing Federal Funding For Its Weir On Buskin River. SMILEY moved to approve a letter of support for Fish and Game to pursue Federal Funding for its weir on Buskin River. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Smiley, Symmons, and Townsend. CITIZENS' COMMENTS Judi Kidder spoke regarding the investment options of the Borough. Mike Milligan expressed appreciation to the Assembly for its deliberations on these difficult issues. Aaron Griffin commented that he would be willing to seat on the committee that would look at exemption codes in the future. Jeff Stewart suggested the value of restating motions before they were voted on. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 6 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 48 of 146 AGENDA ITEM #5.A. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend spoke to consistency and allowing more time to work on issues. He recognized the Assembly struggle in making policy decisions to meet the needs of the entire Borough. He encouraged the public to start discussing issues with their neighbors. Assembly member Smiley appreciated the turn out and the discussion on the building codes. Assembly member Symmons retracted his comment that pertained to community members who were "born with a silver spoon in their mouths." He appreciated the public turn out at this meeting. VAN DAELE moved to extend the meeting by 10 minutes. VOICE VOTE CARRIED UNANIMOUSLY. Assembly member LeDoux appreciated the diversity of the Assembly. He reminded the audience that it was possible that items could be reconsidered at the next regular meeting. Assembly member Crow spoke to the challenges of serving on the Assembly. He recapped how many of the public spoke. He reminded everyone that the Assembly serves the public. Assembly member Van Daele appreciated and complimented Ms. Brandi Wagner. He was glad to see that the Assembly was able to work the issues in an optimistic manner for the community. ADJOURNMENT LEDOUX moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:40 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: February 2, 2017 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 7 of 7 Page 49 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting February 16, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on February 16, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Deputy Presiding Officer LeDoux led the Pledge of Allegiance. Present were Deputy Presiding Officer Larry LeDoux, Assembly members Kyle Crow, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. VAN DAELE moved to excuse Mayor Dan Rohrer who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Judi Kidder commented on road conditions and advocated for the Assembly to contact DOT and legislators. Betty MacTavish spoke on the consolidation topic that was discussed during the Joint Work Session with the City of Kodiak. The following spoke regarding the reconsideration of Ordinance No. FY2017-22, Split B. Aaron Griffin Mark Anderson Sylvia Kavnaugh Rae Jean Blaschka Bill St. Clair Art Schultz Jeff TrenerV Wayne Aboussleman Justin Thran Jonathan Strong Sulua Stager Rebecca Nelson Greg Egle Monique Lewis JudV Mullican Fred Stager Julie Kavanaugh Caleb Griffin Cheryl McNeil Marco Patitucci Lisa Kostelecky Roberta Austring gave a quarterly report regarding the Senior Citizens of Kodiak (SCOK) activities. Scott Arndt spoke on Contract No. FY2017-22 and explained why the Assembly should vote down the contract. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 1 of 7 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 50 of 146 AGENDA ITEM #5.A. AWARDS AND PRESENTATIONS Manager Powers presented the Employee of the Year Award for 2016 to Angela MacKenzie, Deputy Clerk, in the Clerk's office. Bayside Fire Chief Howard Rue provided an update to the Assembly on the Bayside Fire Department. COMMITTEE REPORTS Assembly members Crow and Van Daele commented regarding the recent Kodiak Fisheries Work Group regular meeting held on February 16, 2017. PUBLIC HEARING 1. Ordinance No. FY2016-17A Amending Ordinance No. FY2016-17 To Extend The Sunset Date Relating To The Current Regulation Of Marijuana Businesses From February 28, 2017 To April 30, 2017. SYMMONS moved to adopt Ordinance FY2016-17A. Ordinance No. FY2016-17 created KIBC 5.02 Marijuana Businesses. The ordinance also included a sunset date in which the provisions identified in KIBC 5.02 became null and void. The date was February 28, 2017 and the proposed amendment before the Assembly moved the sunset date to April 30, 2017. The additional time would allow for the Assembly and Commission to review regulations and seek public comments. Deputy Presiding Officer LeDoux opened the public hearing. The following spoke under public hearing: Jonathan Strong, Joanne Shaker, and Jill Wittenbrader. Deputy Presiding Officer LeDoux closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Crow, LeDoux, Smiley, Symmons, and Van Daele (Ayes); Skinner and Townsend (Noes). 2. Ordinance No. FY2017-26 Amending KIBC Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.040 Organization And Deputy Presiding Officer To Clarify The Role Of The Mayor In Appointing A Deputy Presiding Officer Or A New Assembly Member In Case Of A Tie. VAN DAELE moved to adopt Ordinance No. FY2017-26. KIBC 2.30.040 lays out the procedure for the election of a deputy presiding officer and the same provision was used for appointing an Assembly member to a vacated seat. An amendment to the section was necessary to provide for a mechanism to resolve a tie and to avoid an impasse. KIBC 2.30.070 (F)(4) provided that the Mayor may vote in case of a three/three tie vote and Alaska Statute 29.20.250 provided further guidance which stated "The mayor may not vote, except that the mayor of a first class city or a mayor of a borough with a manager form of government may vote in the case of a tie. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 2 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 51 of 146 AGENDA ITEM #5.A. Deputy Presiding Officer LeDoux opened the public hearing. Seeing and hearing none, Deputy Presiding Officer LeDoux closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Request for proposals (RFP) for audit services • RFP for solid waste management • Bids for playground equipment • Bids for flooring • Salonie property for gravel extraction MESSAGES FROM THE BOROUGH MAYOR None. The Deputy Presiding Officer recessed the meeting at 9:39 p.m. The meeting was reconvened at 9:45 p.m. UNFINISHED BUSINESS 1. Reconsideration Of The Result Of The Split Vote Taken On Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions. CROW moved to reconsider the vote taken on the result of the split vote taken on Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions (Split B). At the last regular meeting of February 2, 2017, the Assembly made a motion to divide the motion on Ordinance No. FY2017-22. The first division was on readopting the 2012 Uniform Building Code for one and two family dwellings. The motion passed. The second division was for providing for exemptions in section 15.10.050 Remote Area Exemptions. The motion failed. On February 3, 2017, Assembly member Crow, seconded by Assembly member Symmons filed a motion to reconsider the vote taken on the second division. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED FOUR TO THREE: Skinner, Symmons, Townsend, and Crow (Ayes); Smiley, Van Daele, and LeDoux (Noes). The motion to reconsider automatically placed the motion on the floor which was to adopt Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions (Split B). VAN DAELE moved to call the question. ROLL CALL VOTE TO CLOSE DEBATE FAILED TWO TO FIVE: Van Daele and Smiley (Ayes); Symmons, Townsend, Crow, LeDoux, and Skinner (Noes). Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 3 of 7 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 52 of 146 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Symmons, Townsend, Crow, and Skinner (Ayes); Smiley, Van Daele, and LeDoux (Noes). NEW BUSINESS Contracts 1. Contract No. FY2017-22 Award Of Proposal For A New Engine And Tanker For Fire Protection Area No. 1. SMILEY moved to authorize the manager to execute Contract No. FY2017-22 Award Of Proposal For A New Engine And Tanker For Fire Protection Area No. 1 with Spartan Motors USA in the amount not to exceed $827,379. Bayside Fire Chief Rue had been reviewing the readiness of the Bayside Fire Station. In the review, the Chief recognized that Squad 10 was under-utilized as well as that Engine 11 and Tanker 10 were several years past their prime. The situation left the station with very little reserve in the case of two events in the district. The Chief approached the Fire Protection Aare No. 1 board (FPA1) and asked for consent to sell Squad 10 and pursue a used tanker. During the August 16, 2016 Regular Meeting, the FPA1 board gave approval to sell the squad vehicle and provided direction to pursue a new tanker and a new engine. Chief Rue proceeded to sell Squad 10 for $140,000.00 and write an RFP for a new engine and tanker. The FPA1 board approved the RFP specifications at the December 21, 2016 regular meeting. The RFP was put on the street and closed on January 17, 2017. The proposal from True North Emergency Equipment (a Spartan reseller) for a new engine and tanker was the only qualified response that the RFP received. There was also a 'no bid' response received from the Pierce Manufacturing representative. At the January 24, 2017 regular meeting, the (FPA1) board discussed the purchasing options for the new engine and tanker. The (FPA1) board voted to remove the shipping charges from the proposal and be responsible for the transportation from the factory, to True North's facility and to Kodiak. The (FPA1) board also voted to remove the performance bond requirements from the proposal, saving additional money. Lastly, the board voted to pay half of the final purchase price up front, saving an additional $7,318.00. The (FPA1) board voted to make the final decision for the remaining amount due before the vehicles were finished and ready for transportation. The majority of the (FPA1) board would prefer to finance the remaining balance with the Kodiak Island Borough at an interest rate that was favorable to both the service area and the Borough. If the Borough would not finance the remaining balance, the service area would pursue financing with another lender. However, the service area did have enough money currently in the fund balance to pay for the remainder of the balance due if a loan was not available. Chief Rue had applied for two large grants that would help the station with facility and equipment upgrades. If these grants were not awarded, the department would be using fund balance to procure these items. The (FPA1) board had also identified several deferred maintenance items around the station that needed attention and did not wish to deplete the fund balance solely with the purchase of new apparatus. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. Kodiak Island Borough February 16, 2017 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 4 of 7 Page 53 of 146 AGENDA ITEM #5.A. Resolutions None. Ordinances for Introduction None. Other Items 1. Request For Review of Planning and Zoning Commission Actions Denying The Future Land Use Designation Change And Rezone Of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (P&Z Cases 17-004 and 17-005). SMILEY moved to take up the Planning and Zoning Commision's action denying the future land use designation change and rezone of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (P&Z Cases 17-004 and 17-005). Mr. Duane Dvorak, Resource Management Officer for the Kodiak Island Borough attached the submitted elevation of requests relating to Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (P&Z Case Nos. 17-003, 17-004, and 17-005) to the packet. This was a request that the Commission's action be taken up by the Assembly. This was NOT an appeal. Per KIBC 17.202.055(B) B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Mr. Dvorak submitted the request in a timely manner on September 22, 2016. 1. The Assembly should treat the review as a legislative matter and there would be no quasi-judicial action. 2. Upon submission of a written statement requesting that the denial of a rezone be taken up by the Assembly, an ordinance amending the zoning map should be submitted for action by the Assembly. 3. The Assembly was required to submit Findings of Fact in order to evidence that its action for rezone was supported by a reasonable basis, if the Assembly determined to pass legislation for a rezone. 4. The ordinance would be treated as all other legislation including proper notice and public hearing. Since the request was filed, P&Z Case No. 17-003 had been heard by the Borough Assembly, per KIBC 18.20.030. Resolution No. FY2017-21, recommending retention of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition, failed at the Borough Assembly's December 1, 2016 Regular Meeting. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Crow, Skinner, Smiley, Symmons, and Townsend (Ayes); Van Daele, and LeDoux (Noes). SKINNER moved to set the case for introduction and continue the rezone process. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 5 of 7 `Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 54 of 146 AGENDA ITEM #5.A. ROLL CALL ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. CITIZENS' COMMENTS Judi Kidder spoke on the Bayside Fire Contract, land use, and the expansion of water and sewer services to Service Area No. 2. She liked the flowchart presented to the Assembly and would like to see more flowcharts created for the other processes in the Borough. Cheryl McNeil spoke on the safety consideration of the lives of firefighters (comments pertained to Ordinance No. FY2017-22, Split B "exemption ordinance'.) Betty MacTavish said Ordinance No. FY2017-22, Split B would benefit those who needed it. She thanked the Assembly members for their service. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend recognized that there was a fear from the unknown and cited examples such as codes pertaining to Marijuana, building codes, ADUS, and land sites. He felt the Assembly should embrace opportunities and continue exploring options. Assembly member Smiley congratulated Employee of the Year Deputy Clerk MacKenzie and thanked Clerk Javier and Assistant Clerk Pardoe. He noted that Deputy MacKenzie's acceptance speech was great and she was deserving of the award. He thanked Chief Rue for the tour of the fire station. He thought there was a pretty fair representation of the community members giving their opinions that evening. He was concerned that the Planning and Zoning Commission was slowing down the process regarding the Marijuana discussion. Assembly member Symmons was grateful for the turn out. He thanked the public servants who were working for the Borough. LeDoux moved to extend by 10 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Assembly member Skinner announced the Kodiak Aleutians Rural Advisory Council would meet in Kodiak on February 22. A community potluck was also to be held by the Sunaq Tribe that same day from 6 p.m. to 9 p.m. at the Kodiak Seafood Marine Science Center. Assembly member Crow was not comfortable with the direction of the consolidation issue. He said that he did not run for office to go with the flow. Assembly member Van Daele had strong mixed feelings about the meeting and was not happy when community members were being lumped and labels were assigned to them. He saw people as viable members of the public and that there was a need to see everyone as essential parts of the community. He would like to see a compromise that works for everybody. Assembly member LeDoux commented on the work being done regarding the Kodiak Seafood and Marine Science Center by a group in Kodiak. He enjoyed the last Joint Work Session with the City. He did not like the word "bureaucrat" being used because there were a lot of people who were passionate and care about the work they do. He appreciated Duane Dvorak for communicating and clarifying a complicated process for the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 6 of 7 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 55 of 146 AGENDA ITEM #5.A. Announcements Deputy Presiding Officer LeDoux announced the Assembly work session scheduled for Thursday, February 23 had been canceled due to Assembly attendance of the Alaska Municipal League Conference in Juneau, AK. The next Assembly work session would be held on Thursday, March 2 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, March 9 at 6:30 p.m. in the borough conference room. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY The meeting was adjourned at 10:40 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: February 16, 2017 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 7 of 7 Page 56 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 9, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on March 9, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation and the Pledge of Allegiance was led by Mayor Rohrer. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. LEDOUX moved to amend the agenda by removing Contract No. FY2014-26B from the agenda. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Carlie Franz commented on the quality of service being provided at Providence Kodiak Island Medical Center. Fred Stager thanked the Assembly members who voted for the rural opt out and asked those who opposed for reconsidering their votes. Nick Szabo noted that homes could be built inexpensively with the existing code. Alan Wolf commented how pleased he was with how Providence was running its business in Kodiak. Jack Mann noted that building codes were essential for the home owner, future buyers, and EMS personnel's protection. He supported keeping the code and thanked the Mayor for the veto. Aaron Griffin thanked the Assembly for its work on the building code exemption. He noted that the codes were worth taking a look at again and he urged that the Assembly recondition the Joint Building Code Review Committee. Greg Egle advocated that the Assembly use logic and look at the facts. He agreed with Mr. Stager's comments. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 1 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 57 of 146 AGENDA ITEM #5.A. Oliver Holm commented that the current codes were complex and he would prefer to see simpler and easier codes to work with. Sulua Stager Holmes would like to see that the Alaskan lifestyle be retained in Kodiak. She did not care to see the expansive government intrusion; and she advocated for owner built homes. Malina Holm protested the Mayoral veto. She would like to see easing of building codes. Cheryl McNeil publicly thanked Mayor Rohrer for the veto. She voiced concerns about the division that the issue had caused in the community. She felt the issue had veered the Assembly off topic. Art Zimmer noted that he preferred the vote of the Assembly be upheld and not the veto. Monte Hawver spoke in support of Providence Health Systems mentioning the type of services they give to the Brother Francis Shelter. Providence also was providing financial support to the Brother Francis Shelter. The financial support provided assistance to 30 families. He urged the Assembly to renew the lease with Providence. Jeremiah Wagner asked that the wishes of the Assembly regarding the rural exemption be honored. Bill St. Clair shared and corrected some facts that were misstated regarding comments made about the exemption codes. Sandy Kavanaugh hoped that the Assembly members would override the mayoral veto. She would like the government to ease off on regulations. Craig DeHart spoke to the mayoral veto and Resolution No. FY2017-29. Justin Thran suggested the Assembly adjust the current codes and make them work for the citizens of Kodiak. Jonathan Strong expressed support to Providence noting they were a huge asset to the community. Jim Cole asked that the Assembly override the veto. His letter to the Mayor and Assembly members were read into the record. Jaiman Krytall phoned in support of the building exemptions. Julie Kavanaugh spoke in support of the opt -out ordinance. Marko Patitucci agreed with Ms. Kavanaugh's comments and spoke in support of the opt -out ordinance. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of March 2017 as National Women's History Month and urged residents to increase their knowledge and appreciation of the valuable role women play in our lives. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 2 of 10 "Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 58 of 146 AGENDA ITEM #5.A. Mayor Rohrer proclaimed Kodiak was a municipality that did "Choose Respect" and asked that all residents join in standing up against these crimes, and create a movement across the country that would restore a culture of respect and action for future generations. Chief Executive Officer Barbara Bigelow gave a presentation regarding Providence Kodiak Island Medical Center (PKIMC) Community Health Needs Assessment. COMMITTEE REPORTS Assembly member Skinner reported on her attendance to the Southwest Alaska Municipal Conference (SWAMC) and SWAMC business meeting. She noted that SWAMC adopted six resolutions and gave an overview what those resolutions were. She was also elected as the President of the SWAMC Board. Assembly member LeDoux gave an update regarding the letter that was adopted pertaining to the Cook Inlet Genetic Study. He advised that the letter was hand -delivered by the Fisheries Analyst to the Board of Fish. The next Kodiak Fisheries Work Group meeting was scheduled on March 21, 2017 at 9 a.m. Assembly member Van Daele reported on the "Chicken Ordinance" meeting held at Bayside Fire Hall. PUBLIC HEARING 1. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Ownership From The North West Company dba A.C. Express/Bells Flats To Willie's Quick Mart, LLC dba Willie's Quick Mart #1796. LEDOUX moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of ownership FROM The North West Company dba AC Express/Bells Flats TO Willie's Quick Mart, LLC dba Willie's Quick Mart located at 11012 W. Rezanof Dr. for License No. 1796. The application was for a liquor license transfer of ownership for License No. 1796 Package Store located at 11012 Rezanof Dr. West Kodiak, AK. currently known as A.C. Express/Bells Flats. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to 43 landowners and none were returned. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • "Chicken Ordinance" meeting and the need for the Assembly to give guidance to the Planning and Zoning Commission • Otmeloi Road project • SWAMC conference Kodiak Island Borough March 9, 2017 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 3 of 10 Page 59 of 146 AGENDA ITEM #5.A. • Marijuana issues (Working with the attorney on clarifications about referring matters to the Planning and Zoning Commission and also working on the referendum submitted) • State Joint Armed Services Committee looking for people to serve on the committee and participation of the Borough in the future with the Association of Defense Communities MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • Met with City Mayor Branson and Providence Staff regarding opiate -related issues in Kodiak • Met with National Wildlife Refuge staff • Met with Kodiak Women's Resource and Crisis Center staff and had a tour of the facility • Testified during Finance Committee Hearings at the LIO Office UNFINISHED BUSINESS 1. Mayoral Veto Of Ordinance No. FY2017-22, Version 4A, Split B, Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions. CROW moved to override the mayoral veto on Ordinance No. FY2017-22, Version A, Split B On February 16, 2017, Ordinance No. FY2017-22, Version 4A, Split B was reconsidered and adopted by the Assembly. A Mayoral Veto was filed which nullified the Ordinance on February 22, 2017. In response, on March 2, 2017, Assembly member Crow requested that the Mayoral veto be added on the March 9 agenda. A veto may be overridden by a two-thirds vote of the authorized membership (5 members) of the governing body within 21 days following exercise of the veto or at the next regular meeting with ever was later. ROLL CALL VOTE ON MOTION FAILED FOUR TO THREE: Skinner, Symmons, Townsend, and Crow (Ayes); LeDoux, Smiley, and Van Daele (Noes). A recess was called at 8:45 p.m. Mayor Rohrer reconvened the meeting at 9:01 p.m. NEW BUSINESS Contracts 1. *Contract No. FY2017-23 Flooring Replacement - Akhiok, Karluk, Ouzinkie. This item was approved under consent agenda. Kodiak Island Borough Code 3.30.020 Limitation on Managers Authority stated that a contract exceeding $25,000 required Assembly approval. The contract was for construction of the East Elementary Renovation Phase 1 project, one of the bond projects approved by voters in 2014. The scope of work for Phase 1 included complete renovation of several individual and group restrooms, including new floor and wall finishes, plumbing fixtures, toilet accessories, and doors. The work was scheduled to be completed that summer. Phase 2 was scheduled for summer 2018 and would include hazardous material abatement and installation of new flooring, cabinets, countertops, and doors. Design for both Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 4 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 60 of 146 AGENDA ITEM #5.A. phases was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on January 25, 2017, and bids were due and opened on February 15, 2017. Three bids were received. After reviewing bids, Staff had determined that Wolverine Supply, Inc. was the lowest responsive bidder. A copy of the bid tabulation was attached. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for reimbursement by the State. The budget for construction for Phase 1 was $403,179 and the contract was for $357,000. A copy of the current budget was attached to the packet. 2. 'Contract No. FY2017-24 East Elementary Renovation Phase 1 This item was approved under consent agenda. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the Flooring Replacement - Akhiok, Karluk, Ouzinkie project, one of the bond projects approved by voters in 2014. The base bid scope of work included hazardous material abatement and installation of new flooring at the schools in Akhiok, Karluk, and Ouzinkie. Three bid alternates were also included: 1) Installation of seamless athletic flooring at the gyms in Akhiok and Karluk, 2) Installation of new vinyl tile at the kitchen in Ouzinkie, and 3) Installation of sheet vinyl athletic flooring at the gyms in Akhiok and Karluk. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. The work was scheduled to be completed before the start of school that fall. An invitation to bid was issued on January 17, 2017, and bids were due and opened on February 9, 2017. Five bids were received. After reviewing bids, Staff had determined that Environmental Contracting Solutions was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. The proposed contract included award of the base bid and alternate 2 for new flooring at the kitchen in Ouzinkie. Alternates 1 and 3 were not recommended for award because they substantially exceed the available budget. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for reimbursement by the State. The budget for construction was $319,574 and the contract slightly exceeded that at $329,911. The budget for the project also included $15,979 for contingency which would be used to cover the overage. A copy of the current budget was attached to the packet. 3. `Contract No. FY2017-27 Kodiak Middle School Fire Alarm, Controls, And Elevator. This item was approved under consent agenda. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. Kodiak Island Borough March 9, 2017 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Regular Meeting Minutes Page 5 of 10 Page 61 of 146 AGENDA ITEM #5.A. The contract was for construction of the Kodiak Middle School Fire Alarm, Controls, and Elevator project, one of the bond projects approved by voters in 2014. The scope of work was replacement of the entire fire alarm and mechanical controls systems, and modernization of the existing elevator. The work was scheduled to be completed that summer. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on January 23, 2017, and bids were due and opened on February 21, 2017. Five bids were received. After reviewing bids, Staff had determined that Wolverine Supply, Inc. was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for reimbursement by the State. The budget was $1,641,285 and the contract was for $1,067,000. A copy of the current budget was attached to the packet. 4. 'Contract No. FY2017-25 Rural School Playground Replacements. This item was approved under consent agenda. 5. Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-26 Professional Services Agreement With McCarty and Associates for Fisheries Analyst Consulting And Related Services (Joint Contract Of The Kodiak Island Borough and City of Kodiak With McCarty and Associates of Juneau, Alaska). This item was removed under the consent agenda. Resolutions 1. Resolution No. FY2017-29 Approving The Disposal Of A ± 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To B&R Fish Byproducts, Inc. For The Purposes Of Resource Extraction And Stockpiling (P&Z Case No. 17-013). VAN DAELE moved to adopt Resolution No. FY2017-29. This was requested by a second interested party for disposal of a ± 35 acre portion of an 8,331.92 acre Borough owned C -Conservation zoned parcel in the Salonie Creek drainage area. The applicant for the request, B&R Fish Byproducts Inc., desired to lease the site at fair market value for the purposes of resource (gravel) extraction and stockpiling. A previous request for disposal of the site by the same method and purpose was submitted by Golden Alaska Excavating, LLC. At the January 19, 2017 regular meeting, the Assembly failed a resolution approving that disposal (KIB Resolution No. 2017-27/P&Z Case No. 17-012). The failing of that resolution was largely based on the knowledge that the second request had been submitted, which indicated that there was a competitive interest in the site. Due to that competitive interest, it was determined that disposal by direct negotiation of a lease to a specific entity was not appropriate. As was the case with Golden Alaska Excavating's request, the Planning and Zoning Commission had determined the site to be surplus to the public's need and was recommending disposal as stated in the provided resolution. Kodiak Island Borough Code 18.20.020.13 stated that land disposals must be approved by an Assembly resolution that specified the terms and conditions upon which the disposal would be offered. Accordingly, the provided Assembly Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 6 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 62 of 146 AGENDA ITEM #5.A. resolution specified that the disposal would be by direct negotiation of a lease at fair market value to B&R Fish Byproducts Inc. for the purposes of resource extraction and stockpiling, which was consistent with the applicant's request. It was important to note that should the Assembly also fail this disposal resolution, the Borough would have the option to submit a request for disposal of the site by one of the competitive processes listed in Chapter 18.20 Real property disposal — in general of the Borough Code. If such a disposal were approved, all parties interested in the site would have the option of participating in that competitive process. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. 2. Resolution No. FY2017-30 Authorizing Land Sale Number Nineteen and Establishing Terms and Conditions. TOWNSEND moved to adopt Resolution No. FY2017-30. The resolution was consistent with the recommendation of the Planning and Zoning Commission (P&ZC) to dispose of the listed properties. After conducting public hearings, it was determined that the listed properties were surplus to the public's need and could be made available at a future land sale. By this resolution, the Assembly established the terms and conditions of the sale and set the schedule for the outcry auction of these properties. 1. Lot 1, Raven Hills Subdivision 2. Lot 2, Raven Hills Subdivision 3. Lot 5, Block 5, Monashka Bay Subdivision 4. Lot 7A, Block 2, Monashka Bay Subdivision Staff did not include a provision in the draft resolution for a rebate on this sale. A copy of KIB Ordinance No. FY2017-16 was attached to the packet for assembly consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. 3. 'Resolution No. FY2017-31 Adopting an Alternative Allocation Method for the FY17 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. This resolution was approved under the consent agenda. The State of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and sharing the collected taxes with affected municipalities. Applications must be submitted annually by municipalities to receive an allocation from the program. This year the deadline was March 17, 2017. The resolution would allow the Kodiak Island Borough to submit its application for the FY2017 Shared Fisheries Business Tax Program using an alternative method. The resolution indicating approval of the application was a required portion of the application. The FY2017 Shared Fisheries Business Tax allocation would be based on the population of Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 7 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 63 of 146 AGENDA ITEM #5.A. each of the cities within the borough, and the Borough's allocation would be based on the total population of the Borough, less the population of each of the cities (Ahkiok, City of Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions). Last year the Kodiak Island Borough received $80,783.18 as its share. The total allocation to the Kodiak Area FMA for FY2016 was $256,924. For FY2017, the Kodiak Island Borough was estimated to receive $78,886.15 as its share and the total allocation to the Kodiak FMA was $247,159.31. This item was proposed under consent since it was a routine and annual item. Ordinances for Introduction Other Items 1. Declaring A Seat On The Kodiak Workforce Regional Advisory Council Vacant (Ms. Melissa Passarello). SKINNER moved to accept, with regret, the resignation of Ms. Melissa Passarello from the Kodiak Workforce Regional Advisory Council and directed the Borough Clerk to advertise the vacancy per Borough code. Ms. Melissa Passarello was appointed to the Kodiak Workforce Regional Advisory Council on December 1, 2017. Ms. Passarello announced her resignation to clerk staff on February 13, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 2. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee. SKINNER moved to confirm the Mayoral appointments of Mr. Dale Stratton for a term to expire December 2017 and Ms. Paige Simeonoff for a term to expire December 2019 on the Parks and Recreation Committee. There were three vacant seats on the Parks and Recreation Committee for two terms to expire December 31, 2017 and one term to expire December 31, 2019. The Borough Clerk's Office had received applications from the following: • Mr. Dale Stratton • Ms. Paige Simeonoff VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 3. Confirmation Of An Assembly Appointment To The Personnel Advisory Board (Mr. James Turner). SKINNER moved to confirm the Assembly appointment of Mr. Turner to the Personnel Advisory Board for a term to expire December 31, 2018. On February 24, 2017, the Borough Clerk's Office received an application from Mr. James Turner for a seat on the Personnel Advisory Board. There were three vacant seats on the Personnel Advisory Board. Of those vacant seats, one term would expire December 31, 2018 and two terms would expire December 31, 2019. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 8 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 64 of 146 AGENDA ITEM #5.A. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Symmons congratulated Assembly member LeDoux on his appointment as the new Kodiak Island Borough School District Superintendent. He was glad to see solutions regarding opiate problems in Kodiak. He attended SWAMC and was sorry to have missed half of the deliveries there. Assembly member Smiley congratulated Assembly member LeDoux and praised the School Board for what he thought was an excellent and thorough selection process. Assembly member Townsend also congratulated Assembly member LeDoux. He congratulated Assembly member Skinner for being elected as the SWAMC President. He attended the .'chicken ordinance' meeting and thought it was fairly informative but not as well attended as he had expected. Assembly member Skinner heard about the attendance regarding the "chicken ordinance" meeting. She would like the Mayor, Assembly, and/or Staff to evaluate the existence of current Borough Boards and Committees. Caution would need to be taken before starting more committees without evaluating those that were already in existence. She looked forward to the budget discussions and would like information regarding the FPA1 board being able to take a loan. The Assembly would need to understand the implications of a loan, if any. Assembly member Crow encouraged everyone to check out the new Borough meetings portal and feedback should be given to the Clerk's Office. He was glad to hear the good news about the school bond debt reimbursements. He congratulated Assembly member LeDoux and Assembly member Skinner. He apologized to anyone that he might have offended during the discussion of the exemption ordinance. Assembly member Van Daele congratulated Assembly member LeDoux and was thrilled to get him back in the school system. Announcements Mayor Rohrer announced that the next Assembly work session was scheduled on Thursday, March 16 and the next regular meeting would be on Thursday, March 23. Both meetings would be held in the borough conference room. The Assembly would also hold a budget special work session on Wednesday, March 22 from 5:30 to 7:30 p.m. in the borough conference room. EXECUTIVE SESSION 1. Executive Session To Address Strategies And Tactics Going Forward With Respect To The Markham Litigation. SKINNER moved to convene into executive session to address strategies and tactics with respect to the Markham litigation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele. Crow, LeDoux, Skinner, and Smiley. SKINNER moved to invite the Borough Mayor, Assembly, Manager, Assessor, Borough Attorney via teleconference, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 9 of 10 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 65 of 146 AGENDA ITEM #5.A. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:29 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9:56 p.m. and announced that no action was to be taken as a result of the executive session. SKINNER moved to extend the meeting to 11 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 2. Strategies In Negotiating The Hospital Lease. SKINNER moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele. Crow, LeDoux, Skinner, Smiley, and Symmons. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:57 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the meeting at 10:57 p.m. and announced that the Manager was given direction on how to proceed with negotiations. ADJOURNMENT SKINNER moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting we adjourned at 10:59 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohrer, Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 10 of 10 *Regular Meeting Minutes of October 6, 2016, November 3, 201... Page 66 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting March 2, 2017 A special meeting of the Kodiak Island Borough Assembly was held on March 2, 2017, in the borough conference room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Scott Smiley, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, and Borough Clerk Nova Javier. LeDoux moved to excuse Assembly members Rebecca Skinner and Dennis Symmons who were absent due to their attendance to the Southwest Alaska Municipal Conference. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) There were no citizens comments. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Joint Borough and City of Kodiak Letter to the Alaska Board of Fish Supporting Kodiak's Fisheries. LeDoux moved to authorize the Mayor to sign the joint Borough and City of Kodiak letter to the Alaska Board of Fish supporting Kodiak's Fisheries. At the recent meeting of the City and Borough's Kodiak Fisheries Work Group, harvesters asked for support to respectfully request the Board of Fisheries (BOF) to not take up any hasty reactions stemming from the recent salmon genetic study, and instead work towards the continuation of balanced and science -driven approaches. Additionally, if the BOF decided to form its own working group comprised of representatives of stakeholder sectors, the Borough and City asked that Kodiak area harvesters and other impacted groups were included as equal partners. All of the communities in Kodiak were salmon -dependent communities, and decades of effective State management had maintained healthy returns that contribute to the backbone of the Kodiak Archipelago's economy. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Smiley, Townsend, and Van Daele. ADJOURNMENT Crow moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough March 2, 2017 'Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Special Meeting Minutes Page 1 of 2 Page 67 of 146 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough March 2, 2017 "Regular Meeting Minutes of October 6, 2016, November 3, 201... Assembly Special Meeting Minutes Page 2 of 2 Page 68 of 146 AGENDA ITEM #7.A. I Introduced by: KIB Assembly 2 Drafted by: Tom Lance and Emily Stolarcyk, 3 Requestors 4 Introduced on: March 23, 2017 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2017-34 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDRESSING 11 ISSUES RELATING TO THE U.S. NAVY TRAINING EXERCISES IN THE GULF OF ALASKA 12 IN 2017 13 14 WHEREAS, the Kodiak Island Borough is the governing body with the full power and authority 15 as recognized by the citizens of Kodiak, to act for its members, and has responsibility to provide 16 government for the good health and welfare of its citizens; and 17 18 WHEREAS, the U.S. Navy plans to conduct_ training activities utilizing -explosives, live 19 ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on -marine life and 20 habitat vital to the interests of Kodiak and its citizens; and 21 22 WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing 23 up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of 24 hazardous materials including cyanide, chromium, ,lead, tungsten, nickel, cadmium, barium 25 chromate, chlorides, phosphorus;, titanium compounds, lead oxide, potassium perchlorate, lead 26 chromate, ammonium perchlorate; fulminate of mercury, and lead azide into waters designated 27 by NOAA as Essential Fish Habitat for a multitude of species that support the economic 28 development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish 29 for global markets; and 30 31 WHEREAS, the training area and vicinity is a highly productive region for many marine fish 32 and shellfish 'populations and, supports some of the most productive fisheries in the United 33 States, and an important spawning area for many fishes, and the training is scheduled to take 34 place during the summer season -when many fish populations are migrating and spawning (at 35 least 383 species belonging to 84 families of marine and anadromous fishes have been 36 reported from the predominant ecosystems found in the training area); and 37 38 WHEREAS, the ports of Kodiak are reliant on the fish and wildlife resources in the Gulf of 39 Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and 40 41 WHEREAS, the Kodiak Island Borough supports all cultural, traditional and subsistence 42 activities historically and continually practiced by Native and non -Native peoples in the Gulf of 43 Alaska; and 44 Kodiak Island Borough, Alaska Resolution No. FY2017-34 Page 1 of 2 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 69 of 146 AGENDA ITEM #7.A. 45 WHEREAS, the Kodiak Island Borough finds no scientific information or traditional knowledge 46 demonstrating that the U.S. Navy's training activities can take place without negatively affecting 47 salmon, marine mammal, bird and other marine habitats. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 50 BOROUGH that the Kodiak Island Borough of Kodiak, Alaska does hereby request that the U.S. 51 Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA 52 Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Concern; and BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough of Kodiak, Alaska hereby requests that the U.S. Navy relocate its training area to the far southeast corner of the, current..designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seam"ounts; and BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough of Kodiak, Alaska requests the U.S. Navy to conduct its training exercises after the middle of September and befo the Spring, so as not,to"impact migrating salmon and other species. ADOPTED BY THE ASS HE KODIAK ISLAND BOROUGH THIS Y O 2077. Kodiak Island Borough, Alaska Nova M. Javier, MMC, Clerk Resolution No. FY2017-34 Page 2 of 2 Presentation %ddressing Issues Relating To The U.S. Navy Tra... Page 70 of 146 AGENDA ITEM #7.A. KODIAK ISLAND BOROUGH PUBLIC AGENDA/PRESENTATION REQUEST FORM Desired date for the item to appear on an Assembly agenda: _3.23.2017_ Name: Emily Stolarcyk and Thomas Lance Organization: Eyak Preservation Council and Sun'aq Tribe of Kodiak Address: PO Box 460 Cordova, AK 99574 1 312 W Marine Way, Kodiak, AK 99615 Cell #: 907-491-1564 907-654-5878 1 Email: emily@redzone.org talance@sunaq.org Please state the item you wish to have placed on the agenda and submit any applicable documents with this form. A resolution regarding the current location and timing of the U.S. Navy's Northern Edge training activities in the Gulf of Alaska. NOTE: This resolution is very similar to the one passed by the Kodiak Island Borough in May, 2015. Please state the desired action of the Assembly: Add resolution to agenda for their 3.23.2017 meeting and vote to pass it, as seven other communities have done. Timing is critical to advise Navy of KIB's concerns prior to their March 30, 2017 visit to ComFish, where Navy will meet with community and Tribes. Do you wish to present this to the Assembly? _X_ Yes No Presentations are normally limited to 15 minutes. If more time is desired, please state how many minutes is requested: Do you need to have access to equipment for this presentation such as a computer, projector, DVD player? If so, please state the equipment needed below: Projector. We will provide our own computer. Please see additional information on the back of this form. Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 71 of 146 AGENDA ITEM V.A. KODIAK ISLAND BOROUGH PUBLIC AGENDA/PRESENTATION REQUEST The Assembly meets on the first and third Thursdays of each month for their regular meetings and they normally meet a week before in work sessions before the regular meetings. If you have a specific topic that you would like the Borough Assembly to discuss at a future work session/meeting, OR if you wish to make a presentation to the Assembly, please complete this form and submit it to the Borough Clerk's Office. The item will possibly be scheduled for a future meeting or forwarded to Borough Staff for appropriate action. Please return this form to: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough 710 Mill Bay Road, Kodiak, AK 99615 Email: niavier(cDkodiakak.us Phone: (907) 486-9310 Fax: (907) 486-9391 For Staff Use Only: Received by the Clerk's Office on: Distributed to the Manager/Assembly on: Discussed at the agenda setting on: Approved for agenda item on: Work session date: Regular meeting date: Informed requestor on: Notes: Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 72 of 146 M,, PRESERVATION C O U N C I L PRESERVING WILD SALMON HABITAT EY INDIGENOUS CULTURE AGENDA ITEM #7.A. City Council Memorandum DATE: February 27, 2017 TO: Kodiak Island Borough Assembly FROM: Emily Stolarcyk, Program Manager - Eyak Preservation Council SUBJECT: Supplemental Information/ Overview of Resolution addressing the US Navy's 2017 trainings in the Gulf of Alaska Board of Directors Thank you for the opportunity to provide context and information to support the Resolution addressing the US Navy's 2017 training plans in the Gulf of Alaska. This Dune Lankard Founder & President Resolution was passed by the communities of Cordova, Homer, Valdez, Phillip Blanchett Sitka, Girdwood, Tenakee Springs, and Whittier, Alaska. Director It Vice President industries, communities and the environment must be balanced. We are asking for Carol Kalafatic On March 31'% 2016, US Navy representatives speaking at ComFish in Kodiak, AK Director & Secretary stated that the Navy had pre -selected training dates for 2017 in the Gulf of Alaska. Carol Hoover Their dates are May I —12, 2017. These dates are problematic and pose risks to our Director & Treasurer commercial and subsistence fisheries. As coastal communities, we need to engage Rion Schmidt the Navy and support an alternative time of their `Northern Edge' training exercises. Director (LOA) or a permit from the National Marine Fisheries Service (NMFS) for the Advisory Council The Eyak Preservation Council supports a well-trained Navy and is not asking for the exercises to be discontinued. We are asking that the Navy work with local Niis Boisen communities to find the best time and location for training that poses the least Susanna Colloredo amount of risk to the valuable habitat within the Gulf of Alaska; the needs of local David Lynn Grimes industries, communities and the environment must be balanced. We are asking for Chief Gary Harrison the Navy to conduct their exercises between mid-September and March exclusively. Darcie Houck, Esq. Robbin La Vine Some additional points for consideration: Timothy Metz Mariah Parker • The Navy selected 2017 training dates before securing a Letter of Authorization Pamela Smith (LOA) or a permit from the National Marine Fisheries Service (NMFS) for the Alan Trist 2017 trainings. Selecting dates before securing a LOA is a serious breach of protocol and legality by the US Navy. In the 43 years that the Navy has conducted trainings in the GOA, only twice have trainings occurred in May (2007, 2008). The use of active sonar, only permitted since 2011, has never occurred in May. Historically, trainings took place in winter months (1973 — 2003). Only in 2004 was Northern Edge moved to the summer months. May is one of the prime months for species migration into the GOA. The Navy has not conducted any additional research to prove that training in May, including the use of active sonar, will not harm or have negative effects on migrating fish and marine mammals. • The Navy and NMFS recently lost a federal lawsuit about Naval exercises and permit processes regarding the Navy's activities in their Hawaii/Southern PO BOX 460 CORDOVA AK 99574 • 907.424.5890 • EYAKPRFSERVATIONCOUNCIL.ORG • EYAK@REDZONE.ORG PAGE 1 OF I Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 73 of 146 AGENDA ITEM #7.A. California ranges. As a result, the Navy is now restricted from training in Biologically Important Areas (BIA's) during certain times of the year because of the species present. The resolution asks that the same protections awarded to E YA K Hawaii/Southern California be extended to the Gulf of Alaska. PRESERVATION • The Navy has previously identified that both September and October are C 0® acceptable months in which `Northern Edge' can be conducted. PRESERVING WILD • Our environment is changing. The Nary has not conducted any research nor SALMON HAWAT Et presented any information about the safety and/or long term impacts their INDIGENOUS CULTURE trainings pose to our marine environments including Essential Fish Habitat. In these changing times, it is our responsibly to take every measure to safeguard the future of our fisheries. Allowing the Navy to train in May could have a number of unintended consequences and unfavorable impacts to our fisheries including: o Immediate decline in catch due to direct physical injury and mortality from weapons and sonar; o Delays in fish runs as a result of scattering effects from sonar (observed after 2015 trainings in Bristol Bay and other fisheries); o Exposure and contamination of fish from Navy -sourced expended materials such as cyanide, mercury and lead; o Failure to (or an increase in the time needed to) reach the next developmental stage of juvenile fish populations. In summary, allowing the Navy to conduct their training exercise `Northern Edge' in May puts our fishing industries and subsistence resources at undue risk. The Navy is already changing their activities in other Pacific ranges. The Navy needs to hear from communities now, well in advance of their trainings, in order to make the necessary changes to their schedule. Please contact me with additional questions and/ or concerns. Thank you, Emily Stolarcyk Program Manager 907-424-5890 emily@redzone.org PO BOX 460 CORDOVA AK 99574 • 907.4Z4.5890 • EYAKPRESERVATIONCOUNCIL.ORG . EYAK@REDZONE.ORG PAGE 2 OF 2 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 74 of 146 AGENDA ITEM #7.A. Dune tankard Currently, these exercises are planned during the most prolific breeding and migratory • 1 d Navy Military Training Exercises in the Gulf of Alaska Phillip Blanched: Gulf of Alaska, which has still not fully recovered from the Exxon Valdez oil spill, is EYAK SUMMARY Carol Kaiafauc The US Navy seeks to continue military training activities called "Northern Edge" in the PRESERVATION Gulf of Alaska to "achieve and maintain readiness." (Source www.goaeis.com). C O U N C I L Tlingit and Aleut, and collectively constitute 30 percent of the area's overall population. Director it Treasurer On March 31" 2016, US Navy representatives speaking at ComFish in Kodiak, AK stated Rion Schmidt that the Navy had pre -selected training dates for 2017. Their planned dates are May 1 — PRESERVING WILD 12, 2017. Regional communities and fisheries find these dates problematic and feel that SALMON HABITAT EL training in May pose risks to our commercial and subsistence fisheries. We seek to INDIGENOUS CULTURE engage the Navy and support an alternative time of their `Northern Edge' training Alan Trist exercises to take place exclusively between mid-September and March. Board of Directors agency with support from the National Marine Fisheries Service (NMFS). The Navy is Dune tankard Currently, these exercises are planned during the most prolific breeding and migratory Founder a President periods of the marine supported life in the region (salmon, whales, birds and more). The Phillip Blanched: Gulf of Alaska, which has still not fully recovered from the Exxon Valdez oil spill, is Director vice President home to Alaska's most diverse population of Indigenous Peoples who rely on its bounties Carol Kaiafauc for sustenance, commercial and traditional hunting and gathering activities. Natives living Director & secretary on the northern coast of the Gulf of Alaska include Eskimo, Eyak, Athabascan, Alutiiq, Carol Hoover Tlingit and Aleut, and collectively constitute 30 percent of the area's overall population. Director it Treasurer (Source: Alaska Native Commissions Report, https://alutiigmuseum.org/learn/the- Rion Schmidt alutiiq-sugpiaq-people). Director Advisory Council Background According to the EIS preferred plans, these "war games" will involve use of high - Nits Boisen frequency and mid -frequency sonar (235 dB) for submarine exercises, plus authorized use Susanna Colloredo of a wide variety of live weapons and explosives deployment - bombs, heavy deck guns, David Lynn crimes torpedoes, missiles, large carver strikes (ships blown up & sunk) none of which will ever Chief Gary Harrison be recovered. Although military training exercises have been conducted in the GOA Darcie Houck, Esq. intermittently for the last 40 years, those proposed in the current EIS are a massive Robbin La Vine increase from any conducted before 2011 (e.g. a 6,500% increase in sonobuoys). The use of active sonar was permitted for the first time in 2011. Timothy Metz Mariah Parker The Navy has applied for permits to conduct training exercises in the Gulf of Alaska Pamela Smith (GOA) for up to 42 days (from April to October) annually for a five-year period, 2016 — Alan Trist 2020. The National Oceanic and Atmospheric Administration (NOAA) is the permitting agency with support from the National Marine Fisheries Service (NMFS). The Navy is required to complete a supplemental EIS (released 7/29/2016). Significance The GOA is the pathway and breeding grounds that provides traditional food sources and is the primary sustainable economic engine for Indigenous and non-native communities alike in Alaska. Of all species of fish and marine mammals Indigenous people in the region use for food and cultural traditions, none is more iconic than wild salmon. Wild salmon are at the heart of Alaska's image the world over. These proposed Navy training exercises pose a large risk to all types of fish and marine mammals that live in or travel through the GOA, including all five species of Pacific Salmon. The area where the Navy conducts its activity is vital habitat for many species. The Gulf PO BOX 460 CORDOVA AK 99574 • 907.424.58% • EYAKPRESERVATIONCOUNCIL.ORG • EYM@REDZONE.ORG PAGE I OF 1 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 75 of 146 AGENDA ITEM #7.A. The Navy acknowledges the harm and deaths the exercises pose to marine mammals and refers to the thousands of "takes" that are anticipated when these exercises are carried out (over 36,000 takes annually, >182,000 over five years). When it comes to fish, including salmon, it is clear from the EIS that the extent of the damage and risk are largely unknown. Much more scientific research is needed to know the effects these trainings have on fish populations. A quote from the EIS Section 3.6 Fish on Explosive Sources states: "...little is known about the very important issues ofnonmortality damage in the short and long-term, and nothing is known about effects on behavior offish. " The GOA, south of Prince William Sound, is essential habitat and traveling pathways for all of the rich diversity of sea life and mammals. It is unacceptable to host military training exercises in the spring and summer, year after year, during the most prolific breeding and migratory periods for all of the marine supported life in the entire region especially when the Navy has previously identified that both September and October are acceptable months in which `Northern Edge' can be conducted and historically the Navy only trained in the winter months. Summary Conclusion The Eyak Preservation Council (EPC) is extremely concerned about these trainings and their potential for negative effects on humans, animals and the environment. EPC believes that these trainings pose a risk to Native and Non -Native Subsistence Foods culture and harvests as well as commercial fisheries. This paper references fish and does not delve into the effects of these trainings on marine mammals. The trainings will take place in areas that include Essential Fish Habitat. The proposed activities in the TMAA (Temporary Marine Activities Area, map on page 7) have the potential to result in the following impacts: - Physical disruption of habitat; - Physical destruction or adverse modification of benthic habitats; - Alteration of water or sediment quality from expended material or discharge; - Cumulative impacts. Please refer to Notes on subsequent pages PO BOX 460 CORDOVA AK 99574 • 907.4Z4.5890 • EYAKPRESERVATIONCOUNCIL.ORG • EYAK@REDZONE.ORG PAGE 2 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 76 of 146 of Alaska supports the most sustainable and economically valuable fisheries left in the a USA. Commercial fishing is the largest private sector employer in Alaska, providing over E YA K 63,000 jobs. Immediate harm to marine life includes death from explosions and sonar and the ® PRESERVATION destruction of essential habitat areas. Long-term risks include exposure to hazardous ® chemical by-products left from the expended materials (bombs, sunken vessels, etc), and C O U N C I I. the bioaccumulation of hazardous chemicals that can be assimilated into the food chain. These risks threaten the cultural freedoms and economic livelihoods of Indigenous PRESERVING WILD peoples that depend on these animals today and have for thousands of years. These SALMON HAMAT Et trainings and the toxic debris they leave behind will cause irrevocable damage to fish, INDIGENOUS CULTURE marine mammals, sea birds, their habitats, and the human communities that reply on the ocean for food and sustenance. The Navy acknowledges the harm and deaths the exercises pose to marine mammals and refers to the thousands of "takes" that are anticipated when these exercises are carried out (over 36,000 takes annually, >182,000 over five years). When it comes to fish, including salmon, it is clear from the EIS that the extent of the damage and risk are largely unknown. Much more scientific research is needed to know the effects these trainings have on fish populations. A quote from the EIS Section 3.6 Fish on Explosive Sources states: "...little is known about the very important issues ofnonmortality damage in the short and long-term, and nothing is known about effects on behavior offish. " The GOA, south of Prince William Sound, is essential habitat and traveling pathways for all of the rich diversity of sea life and mammals. It is unacceptable to host military training exercises in the spring and summer, year after year, during the most prolific breeding and migratory periods for all of the marine supported life in the entire region especially when the Navy has previously identified that both September and October are acceptable months in which `Northern Edge' can be conducted and historically the Navy only trained in the winter months. Summary Conclusion The Eyak Preservation Council (EPC) is extremely concerned about these trainings and their potential for negative effects on humans, animals and the environment. EPC believes that these trainings pose a risk to Native and Non -Native Subsistence Foods culture and harvests as well as commercial fisheries. This paper references fish and does not delve into the effects of these trainings on marine mammals. The trainings will take place in areas that include Essential Fish Habitat. The proposed activities in the TMAA (Temporary Marine Activities Area, map on page 7) have the potential to result in the following impacts: - Physical disruption of habitat; - Physical destruction or adverse modification of benthic habitats; - Alteration of water or sediment quality from expended material or discharge; - Cumulative impacts. Please refer to Notes on subsequent pages PO BOX 460 CORDOVA AK 99574 • 907.4Z4.5890 • EYAKPRESERVATIONCOUNCIL.ORG • EYAK@REDZONE.ORG PAGE 2 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 76 of 146 PRESERVATION C O U N C I L PRESERVING WILD SALMON HABITAT ft INDIGENOUS CULTURE AGENDA ITEM #7.A. NOTES' The following are excerpts from the Navy's Environmental Impact Statement and can be read in full at www.goaeis.com. EIS Section 3.6 Fish: - The TMAA and vicinity is a highly productive region for various marine fish and shellfish populations and supports some of the most productive fisheries in the United States* - The TMAA falls within the Alaska Current (AC) and the Alaska Coastal Current (ACC) systems. Both currents flow in a northerly direction off southeastern Alaska and then tum southwestward along the Alaska coast** - Currently the GOA supports habitats of "endangered" and "threatened" populations of high seas salmon (Chinook, coho, chum, and sockeye salmon, and steelhead) - The TMAA and vicinity is a highly productive region for various marine fish and shellfish populations and supports some of the most productive fisheries in the United States. It is also an important spawning area for many fishes - At least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the GOA TMAA - 59 of the 66 managed groundfish species are known to occur in the TMAA - Five species of Pacific salmon (Chinook, coho, chum, pink, and sockeye salmon) have EFH designated within the TMAA - Of the five species of Pacific Salmon, Chinook would he the most affected by the Navy's trainings - The effects [of the trainings] on fish could include direct physical injury, such as potential for death, injury, or failure to (or an increase in the time needed to) reach the next developmental stage. - Stress to fish populations in warfare areas includes environmental stressors, acoustic effects of underwater sounds to fish, effects of underwater impulsive sounds, explosive ordnance, nonexplosive ordnance, and expended materials. - Potential stressors to fish and EFH include vessel movements (disturbance and collisions), aircraft overflights (disturbance), explosive ordnance, sonar training (disturbance), weapons firing/nonexplosive ordnance use (disturbance and strikes), and expended materials (ordnance - related materials, targets, sonobuoys, and marine markers). - Potential effects of explosive charge detonations on fish and EFH include disruption of habitat; exposure to chemical by-products; disturbance, injury, or death from the shock (pressure) wave; acoustic impacts; and indirect effects including those on prey species and other components of the food web. * These trainings will occur during fishing season. Commercial fishing is the largest private sector employer in the state of Alaska and supports over 63,000 jobs. ** This means that the expended materials left in the water after the trainings will flow towards Alaska's coastline. In reference to Sonar: - There have been very few studies on the effects that human -generated sound may have on fish - The majority of studies often lack appropriate controls, statistical rigor, and/or expert analysis of the results - Hearing capability data only exists for fewer than 100 of the 29,000 fish species - Generally, a clear correlation between hearing capability and the environment cannot be asserted or refuted due to limited knowledge of ambient sound levels in marine habitats and a lack of comparative studies PO BOX 460 CORDOVA AK 99574 • 907.424.5890 • EYAKPRESERVATIONCOUNCILORG • EYAY4WEDZ0NE.0RG PAGE 3 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 77 of 146 AGENDA ITEM #7.A. Munitions Constituents: Petroleum hydrocarbons released during an accident are harmful to fish. Jet fuel is toxic to fish. Unburned fuel may be spread over a large area Fuel spills and material released from weapons and targets could occur at different locations and at different times. Potential impacts from Navy explosives training include degradation of substrate and introduction of toxic chemicals into the water column EIS Section 3.14 Public Safety: Undetonated ordnance on the ocean floor may pose a risk to fishermen, particularly bottom trawlers. If a trawl contacted an undetonated ordnance item, the item could detonate. Chaff (aluminum -coated polymer fibers inside of a launching mechanism) will be used during the trainings. Upon deployment, the chaff and small pieces of plastic are expended. The purpose of chaff is to counter avoid aircraft detection by radar by masking the aircraft and to provide false radar returns to defeat radar -guided anti-aircraft defensive systems. Chaff will form a large cloud of fiber that disperses slowly, which could affect public safety. Some solid training items expended at sea could migrate to the shoreline where the public could encounter them. Included among these items are targets and sonobuoys. Hazardous materials from the trainines left in the water include heavy metals. Propellants, and explosives. Including the following: Cyanide, Chromium, Lead, Tungsten, Nickel, Cadmium, Barium chromate, Chlorides, Phosphorus, Titanium compounds, Lead oxide, Barium chromate, Potassium Perchlorate, Lead chromate, Ammonium perchlorate, Potassium perchlorate, Fulminate of mercury, Potassium perchlorate and Lead azide. The Navy was permitted Alternative 2 (their preferred). PO BOX 460 CORDOVA AK 99574 • 907.424.5890 • EYAKPRESERVATIONCOUNCIL.ORG • EYAKCREDZONE.ORG PAGE 4 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 78 of 146 Based upon currently available data it is not possible to predict specific effects of Navy N • impulsive sources on fish. At the same time, there are several results that are at least suggestive of potential effects that result in death or damage The literature on vulnerability to injury from exposure to loud sounds is similarly limited, E YA K relevant to particular species, and, because of the great diversity of fish, not easily extrapolated PRESERVATION We just don't know: C O U N C I L - The effects of sound on fish are largely unknown - A number of studies have examined the effects of explosives on fish. However, these studies PRESERVING WILD are often variable, so extrapolation from one study to another, or to other sources, such as SALMON HABITAT fit those used by the Navy, is not really possible INDIGENOUS CULTURE Little is known about the very important issues of nonmortality damage in the short- and long- term, and nothing is known about effects on behavior of fish. - More well-controlled studies are needed on the hearing thresholds for fish species and on temporary and permanent hearing loss associated with exposure to sounds. - The effects of sound may not only be species specific, but also depend on the mass of the fish (especially where any injuries are being considered) and life history phase (eggs and larvae may be more or less vulnerable to exposure than adult fish). - No studies have established effects of cumulative exposure of fish to any type of sound or have determined whether subtle and long-term effects on behavior or physiology could have an impact upon survival of fish populations. Munitions Constituents: Petroleum hydrocarbons released during an accident are harmful to fish. Jet fuel is toxic to fish. Unburned fuel may be spread over a large area Fuel spills and material released from weapons and targets could occur at different locations and at different times. Potential impacts from Navy explosives training include degradation of substrate and introduction of toxic chemicals into the water column EIS Section 3.14 Public Safety: Undetonated ordnance on the ocean floor may pose a risk to fishermen, particularly bottom trawlers. If a trawl contacted an undetonated ordnance item, the item could detonate. Chaff (aluminum -coated polymer fibers inside of a launching mechanism) will be used during the trainings. Upon deployment, the chaff and small pieces of plastic are expended. The purpose of chaff is to counter avoid aircraft detection by radar by masking the aircraft and to provide false radar returns to defeat radar -guided anti-aircraft defensive systems. Chaff will form a large cloud of fiber that disperses slowly, which could affect public safety. Some solid training items expended at sea could migrate to the shoreline where the public could encounter them. Included among these items are targets and sonobuoys. Hazardous materials from the trainines left in the water include heavy metals. Propellants, and explosives. Including the following: Cyanide, Chromium, Lead, Tungsten, Nickel, Cadmium, Barium chromate, Chlorides, Phosphorus, Titanium compounds, Lead oxide, Barium chromate, Potassium Perchlorate, Lead chromate, Ammonium perchlorate, Potassium perchlorate, Fulminate of mercury, Potassium perchlorate and Lead azide. The Navy was permitted Alternative 2 (their preferred). PO BOX 460 CORDOVA AK 99574 • 907.424.5890 • EYAKPRESERVATIONCOUNCIL.ORG • EYAKCREDZONE.ORG PAGE 4 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 78 of 146 PRESERVATION C O U N C I L PRESERVING WILD SALMON HABITAT FL INDIGENOUS CULTURE AGENDA ITEM #7.A. Table 3.2-18: Numbers and Weights of Expended Training Materials — Alternative 2 Type of Training Material Quantity of Training Materials Alternative 2 No Action Alternative Number Weight Ib Number Weight Ib Increase under Alternative 2 % Number Weight Bombs 360 160,000 120 54,000 200 200 Missiles 66 20,300 22 6 770 200 200 Tar ets/Pyrotechnics 644 11 .200 252 3,610 160 210 Naval gun shells 26,376 27,500 10,564 10,700 150 160 Small arms rounds 11,400 420 5,ODO 180 130 130 Sonobuoys 1,587 61,900 24 936 6,500 6,500 MMR 7 2,100 0 0 NA NA SINKER 8511 70,000 0 0 NA NA Total 41,298 352 000 15 982 76 2011 180 360 It is up to us. Alaska regulations on expended and hazardous materials are not applicable to Navy training in the TMAA because no training activities take place within State waters (up to three nm from shore). Alaska has not developed any state -specific military munitions regulations. Assuming Navy training under Alternative 2 would remain consistent over periods of five and 20 years, the Navy would expend approximately 880 tons (209 Ib per nm2 1275 kg per km2]) and 3,520 tons (835 Ib per nm2 II10 kg per km2]) of training material in the TMAA, respectively. Continued, nest page PO BOX 460 CORDOVA AK 99574 • 907.424.5890 • EYAKPRESERVATIONCOUNCIL.ORG • EYAKp+REDZONE.ORG PAGE 5 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 79 of 146 AGENDA ITEM #7.A. List of Weapons to be Used in the GOA Trainings EYAK Table 3.2-1: Hazardous Constituents of Expendable Training Materials, by Training Item PRESERVATION C O U N C I L PRESERVING WILD SALMON HABITAT tt INDIGENOUS CULTURE Training Rem AIM -7 Spemlw missile ✓ Hazrdous CooatRwnt ✓ ✓ ✓ __ _ NM -9 SkleviVider missde ✓ ✓ ✓ ✓ A"k120 Advanced Medium -Range Air -to -Air MisHe ✓ ✓ StandaN�RHssYe-1 ✓ ✓ ✓ AGM -65 Maverick✓ ✓ ✓ Missiles ZiW4 ----- ✓ ✓ ✓ ✓ AGMLIKSWk1dQLand AdackMiasN—E3VwwW ✓ ✓ ✓ Respoms SLAM -ER) ✓ AGM4W High SpeedMY-RsdbOanMW9e RiMM AGM -114 HaNni '� '� ✓ ✓ AGM -119 W"s Pracme ✓ ✓ Bonflsa MK42 5WIxx nd T) bomb (1922 Net Explosive MaWtINEW k HE ✓ ✓ MK -63 f 0004b barnb 4159 HE ✓ ✓ E MK442.000-lb bomb .7 Wft ME - swfilen) gun ✓ ✓ 5454 -cal gun SM ✓ ✓ ✓ Novo] Gun 76- mWknNer gun shed O M) ✓ 76 -mm gun shall (tee) ✓ ♦ ✓ fIaIM Shaft 57-mmgunshel ✓ ✓ ✓ 254= gun ahel ✓ 20-mni gun sties ✓ Small Amu 0.50-n1 ffwd** gin ✓ ✓ Roods 7M -mm FaIie Elle ✓ ✓ 00M -74E uRsrn ned seriN WW✓ ✓ Tatgs4 skid LIIU-2B par�me ✓ I MK36 Marine ✓ ✓ pymwdwg= MK -39 Expandable Moble M9Ssb nadirs Wwkm TaiNrg Tege (EIAATT) ✓ I 5so-35e0ry waPh15T) ✓ SSO.53 DUeoionsl Freq awwy Analysis and Recxding AR ✓ ✓ SSG -62 Directional Commend Activated Sawbuoy (DICASS) ✓ ✓ SSG -77 Vertical Life Array Dkecdonal Frequency Arel andRecording (VLAO) ✓ ✓ SSG-11oAE)deMed Echo ER ✓ ✓ ✓ TI MKJ6 Advanced CapaOidy (ADCAP lor�edo ALE -43 Dopenser(AuMM( pias reR) ✓ ✓ ✓ ✓ ✓ PO BOX 460 CORDOVA AK 99574 • 907.424.5890 • EYAKPRESERVATIONCOUNCIL.ORG • EYAK@REDZONE.ORG PAGE 6 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 80 of 146 .! oom PRESERVATION CO PRESERVING WILD SALMON HABITAT It INDIGENOUS CULTURE Ua,.:.:_ AGENDA ITEM #7.A. J Joint Base Ehnendorf- Anchorage•---- :' Richardson ordova Iniski .- ,, _ Homer , , _ - Yakutat Cape Doug/ase l4S.C'0 11 st agd. Base K Ak Kodiak - h y , f� ^ Legend • Town/CRy Department of Defense Installation — 12 -Nautical Mile Umit U.S. Air Force Isobath (depth in meters) ■ U.S. Coast Guard Temporary Maritime Special Use Airspace 1J "•A (Study Area) � V. �� J Joint Base Ehnendorf- Anchorage•---- :' Richardson ordova Iniski .- ,, _ Homer , , _ - Yakutat Cape Doug/ase l4S.C'0 11 st agd. Base K Ak Kodiak - h y , f� ^ Legend • Town/CRy Department of Defense Installation — 12 -Nautical Mile Umit U.S. Air Force Isobath (depth in meters) ■ U.S. Coast Guard Temporary Maritime Special Use Airspace ® Activities Area (TMAA) O Warning Area (Study Area) o n rm xro uw o n s rm Projection: NGS Be, UTM BN N Sources: U.S. Novy. NGA A PO BOX 460 CORDOVA AK 99574 ° 907.424.5890 ° EYAKPRESERVATIONCOUNCIL.ORG ° EYAK@REDZONE.ORG PAGE 7 OF 7 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 81 of 146 AGENDA ITEM V.A. 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Borough Clerk 4 Introduced on: 05/212015 5 Adopted on: 05/212015 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2015-22 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 OPPOSING NAVY TRAINING EXERCISES IN THE GULF OF ALASKA IN 12 JUNE 2015 13 14 WHEREAS, the Kodiak Island Borough is the governing body with the full power and 15 authority as recognized by the citizens of Kodiak, to act for its members, and has responsibility 16 to provide government for the good health and welfare of its citizens; and 17 18 WHEREAS, these trainings will pollute the waters of the Gulf of Alaska by annually releasing 19 approximately 352,000 pounds of expended materials including 10,000 pounds of hazardous 20 materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, 21 chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead 22 chromate, ammonium perchlorate, fulminate of mercury, and lead oxide into waters 23 designated by NOAA as Essential Fish Habitat for a multitude of species that support the 24 economic development in Alaskan coastal communities and harvest of wild Alaskan salmon 25 for global markets; and 26 27 WHEREAS, the training area and vicinity is a highly productive region for many marine fish 28 and shellfish populations and supports some of the most productive fisheries in the United 29 States. It is also an important spawning area for many fishes, and the training is scheduled to 30 take place during the summer season when many fish populations are migrating and 31 spawning. At least 383 species belonging to 84 families of marine and anadromous fishes 32 have been reported from the predominant ecosystems found in the training area; and 33 34 WHEREAS, the port of Kodiak is often ranked in the top 3 U.S. ports for quantity of seafood 35 landed and dollar value of seafood harvests (Fisheries of the U.S., NOAA), illustrating coastal 36 Alaska's reliance on the fish and wildlife resources in the Gulf of Alaska for their subsistence 37 harvest and the livelihoods supported by commercial fishing; and 38 39 WHEREAS, the Kodiak Island Borough supports all cultural, traditional and subsistence 40 activities historically and continually practiced by Native and non -Native peoples in the Gulf of 41 Alaska; and 42 43 WHEREAS, the Kodiak Island Borough finds no scientific information or traditional 44 knowledge demonstrating that the training activities can take place without negatively affecting 45 salmon, whale, bird and other marine habitats. 46 Kodiak Island Borough, Alaska Resolution No. FY2015-22 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 82 of 13Wje 1 of 2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 AGENDA ITEM #7.A. NOW, THEREFORE BE IT RESOLVED that the Assembly of the Kodiak Island Borough, Alaska does hereby request that the Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern; and, the Kodiak Island Borough requests the Navy move these trainings 200 nautical miles from Alaskan shoreline. BE IT FURTHER RESOLVED that the Assembly of the Kodiak Island Borough, Alaska recommends that the Navy training exercises be moved to a later date, after the middle of September 2015, so as not to impact migrating salmon and be relocated in the far southeast corner of the designated training area. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY FIRST DAY OF MAY, 2015 62 Nova M. Javier, NWC, Borough Clerk Presentation AddrKWfft IWM9 RgaIN116,191 U.S. Navy Tra... RgsWigg bkolW2015-22 Page 2 of 2 .4p1.DEj Iq 0" q� c� �r �NmES IN Edo The Honorable Senator Murkowski United States Senate Washington, D.C. 20510-0203 Dear Lisa, AGENDA ITEM #7.A. March 8, 2017 Office of the Mayor The Valdez City Council has approved this letter expressing opposition to the timing of the U.S. Navy Training Operation scheduled to be held May 1 thru May 12, 2017 in the Gulf of Alaska. As you know, these exercises are not new to our area, but the timing is something that we have not seen before. There is much concern over this timing and how it will affect our salmon runs. We had a disastrous pink salmon return last year and there has not been a definitive answer as to why our money fish returned in such extremely low numbers. If the Navy is allowed to run these exercises this Spring, during the return, that will be one more variable added to the possible reasons for reduced salmon returns, if that occurs again this year. The researchers will not be able to separate the effects of sonar and live ordnance from that of the chemical and physical changes in our ocean when they try to discover the reason for low returns. This added variable will also slow down finding a solution to help restore future, healthy runs. Last October the City Council approved the enclosed Resolution stating that we are not opposed to the training, but we are opposed to the timing. Valdez depends on healthy salmon runs and wildlife. Therefore, as your constituents we ask that you make a direct request to the U.S. Navy to postpone the on -water portion of Northern Edge 2017 and all future training exercises in the Gulf of Alaska to occur only after mid-September and before mid-March, as they have been conducted in the past. Thank you Senator, for your service to our state and the country. Respectfully, Ruth E. Knight Mayor, City of Valdez, Alaska City of Valdez, PO Box 307, Valdez, AK 99686 Phone: 907-834-3408 Fax: 907-835-2992 Email: rknighKiD.6valdez.ak.us Website: www.ci.valdez.ak.us Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 84 of 146 AGENDA ITEM #7.A. CITY OF VALDEZ, ALASKA RESOLUTION # 16-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALDEZ, ALASKA, OPPOSING LOCATION AND TIMING OF U.S. NAVY TRAINING EXERCISES THAT POSE RISKS TO FISHERIES, WILDLIFE, AND MARINE HABITATS IN THE GULF OF ALASKA WHEREAS, the City of Valdez is the governing body with the full power and authority as recognized by the citizens of Valdez, to act for its members, and has responsibility to provide government for the good health and welfare of its citizens; and WHEREAS, the U.S. Navy plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat vital to the interests of the City of Valdez and its citizens; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fishes, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area); and WHEREAS, the port of Valdez is reliant on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and WHEREAS, the City of Valdez supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, the City of Valdez finds no scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats. Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 85 of 146 AGENDA ITEM #7.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VALDEZ, ALASKA, that Section 1. The Valdez City Council hereby requests that the U.S. Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas, and Habitat Areas of Particular Concern. Section 2. The Valdez City Council hereby requests that the U.S. Navy relocate its training area to the far southeast comer of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts. Section 3. The Valdez City Council hereby requests the U.S. Navy to conduct its training exercises after the middle of September and before the Spring, so as not to impact migrating salmon and other species. PASSED AND APQROVED BY T CITY COUNCIL OF THE CITY OF VALDEZ, ALASKA, this •Lday of ZF �,7� , 2016. ATTEST: . K 2L) 4heri MMC, City Clerk CITY OF VALDEZ, ALASKA EN i,• ..af' OF e 0 ••� D ;SCO ��"'', SNC. 19� •� ••, Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 86 of 146 AGENDA ITEM #7.A. CITY OF VALDEZ, ALASKA RESOLUTION # 16-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALDEZ, ALASKA, OPPOSING LOCATION AND TIMING OF U.S. NAVY TRAINING EXERCISES THAT POSE RISKS TO FISHERIES, WILDLIFE, AND MARINE HABITATS IN THE GULF OF ALASKA WHEREAS, the City of Valdez is the governing body with the full power and authority as recognized by the citizens of Valdez, to act for its members, and has responsibility to provide government for the good health and welfare of its citizens; and WHEREAS, the U.S. Navy plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat vital to the interests of the City of Valdez and its citizens; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fishes, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area); and WHEREAS, the port of Valdez is reliant on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and WHEREAS, the City of Valdez supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, the City of Valdez finds no scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats. Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 87 of 146 AGENDA ITEM #7.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VALDEZ, ALASKA, that Section 1. The Valdez City Council hereby requests that the U.S. Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas, and Habitat Areas of Particular Concern. Section 2. The Valdez City Council hereby requests that the U.S. Navy relocate its training area to the far southeast comer of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts. Section 3. The Valdez City Council hereby requests the U.S. Navy to conduct its training exercises after the middle of September and before the Spring, so as not to impact migrating salmon and other species. PASSED AND APQROVED BY TF�E CITY COUNCIL OF THE CITY OF VALDEZ, ALASKA, this � day of (J a ) '2016. ATTEST: 'ZZ7�1 - K 2L) hed L. Pierce, MMC, City Clerk CITY OF VALDEZ, ALASKA Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 88 of 146 AGENDA ITEM #7.A. CITY OF CORDOVA, ALASKA RESOLUTION 06-16-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORDOVA, ALASKA OPPOSING SITING AND TIMING OF U.S. NAVY TRAINING EXERCISES THAT POSE RISKS TO FISH AND FISHERIES IN THE GULF OF ALASKA WHEREAS, the City of Cordova is the governing body with the full power and authority as recognized by the citizens of Cordova, to act for its members, and has the responsibility to provide government for the good health and welfare of its citizens; and WHEREAS, the U.S. Navy has plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat vital to the interests of the City of Cordova and its citizens; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fish, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fish have been reported from the predominant ecosystems found in the training area); and WHEREAS, the port of Cordova is often ranked in the top 15 U.S. ports for quantity of seafood landed and dollar value of seafood harvests (Fisheries of the U.S., NOAA), illustrating coastal Alaska's reliance on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and WHEREAS, the City of Cordova supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cordova, Alaska does hereby request that the U.S. Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern; and Res 06-16-24 Page I oft Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 89 of 146 AGENDA ITEM #7.A. BE IT FURTHER RESOLVED that the City Council of the City of Cordova, Alaska hereby requests that the U.S. Navy relocate its training area to the far southeast comer of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts; and BE IT FURTHER RESOLVED that the City Council of the City of Cordova, Alaska requests that the U.S. Navy conduct its training exercises after the middle of September and before the Spring, so as not to impact migrating salmon and other species. PASSED AND APPROVED THIS 22nd DAY OF JUNE, 2016 uOF.C'O ,,'� ... RO, Clay Koplm, Mayor rURPO ' 'S �tF ATTEST: kAj. :D c rG Sus ourg MC, City Clerk a: Res 06-16-24 Page 2 ort Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 90 of 146 Municipality of Anchorage P.O Bay 390 GinAwd,.9/a ka 99357 bry&l1 waaa.mm a ers/viror Ethan Berkowitz, Mayor AGENDA ITEM #7.A. GIRDWOOD VALLEYSERVICE AREA BOARD OF SUPERVISORS Sam Daniel/Jerry For, Ca -Chairs Tommy O'Malk�q Roherr Snitzer, Eryn Boone Resolution 2016-13 Of the Girdwood Board of Supervisors A RESOLUTION IN SUPPORT OF CHANGING EXISTING SITE AND SEASON OF U.S. NAVY TRAINING EXERCISES IN THE GULF OF ALASKA WHEREAS, the Girdwood Board of Supervisors is recognized as the Girdwood Community Council Ex -Officio, with the Girdwood Land Use Committee as the recognized one-person, one -vote representative body of the citizens of the Girdwood Valley; and WHEREAS, the U.S. Navy plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat of interest to residents of the Girdwood Valley; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fishes, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area); and WHEREAS, the residents of Girdwood are reliant on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 91 of 146 AGENDA ITEM #7.A. WhIEREAS, Girdwood supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, Girdwood finds no scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats; and WHEREAS, the Girdwood Land Use Committee, which has heard presentations and public testimony regarding this matter on October 10, 2016 and on November 14, 2016, and has recommended this GBOS Resolution of Support by a vole of the public attending the Regular meeting of the Girdwood Land Use Committee on November 14, 2016 by a vote of 9 for and 0 against with 3 abstaining. NOW, THEREFORE BE IT RESOLVED that the Girdwood Board of Supervisors does hereby request that the U.S. Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern; BE IT FURTHER RESOLVED that the Girdwood Board of Supervisors requests that the U.S. Navy relocate its training area to the far southeast corner of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts; and BE IT FURTHER RESOLVED that the Girdwood Board of Supervisors requests the U.S. Navy to conduct its training exercises after September 20 and before March 20 annually, so as not to impact migrating salmon and other species. PASSED AND APPROVED by the Girdwood Board of Supervisors this 21" day of November, 2016 by a vote of 5 in favor, 0 opposed. Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 92 of 146 AGENDA ITEM #7.A. 1 CITY OF HOMER 2 HOMER, ALASKA 3 Lewis 4 RESOLUTION 16-081(A) 5 6 A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, 7 OPPOSING SITING AND TIMING OF U.S. NAW TRAINING 8 EXERCISES THAT POSE RISKS TO FISH AND FISHERIES IN THE 9 GULF OFALASKA. 10 11 WHEREAS, The City of Homer is the governing body with the full power and authority 12 as recognized by the citizens of Homer, to act for its members, and has responsibility to 13 provide government forthe good health and welfare of its citizens; and 14 15 WHEREAS, The City of Homer recognizes the value of naval practices in preparing our 16 Navy for wartime activities; and 17 18 WHEREAS, The U.S. Navy plans to conduct training activities utilizing explosives, live 19 ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and 20 habitat vital to the interests of the City of Homer and its citizens; and 21 22 WHEREAS, These trainings will impact the waters of the Gulf of Alaska by annually 23 releasing up to approximately 352,000 pounds of expended materials including up to 10,500 24 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, 25 cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, 26 potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and 27 lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species 28 that support the economic development in Alaskan coastal communities and harvest of wild 29 Alaskan salmon and other fish for global markets; and 30 31 WHEREAS, The training area and vicinity is a highly productive region for many marine 32 fish and shellfish populations and supports some of the most productive fisheries in the 33 United States, and an important spawning area for many fishes, and the training is scheduled 34 to take place during the summer season when many fish populations are migrating and 35 spawning (at least 383 species belonging to 84 families of marine and anadromous fishes 36 have been reported from the predominant ecosystems found in the training area); and 37 38 WHEREAS, The port of Homer is reliant on the fish and wildlife resources in the Gulf of 39 Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and 40 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 93 of 146 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 AGENDA ITEM #7.A. Page 2 of 2 RESOLUTION 16-081(A) CITY OF HOMER WHEREAS, The City of Homer supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, The City of Homer finds no scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats. NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska, does hereby request that the U.S. Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern. BE IT FURTHER RESOLVED that the City Council of the Homer, Alaska, hereby requests that the U.S. Navy relocate its training area to the far southeast corner of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts. BE IT FURTHER RESOLVED that the City Council of Homer, Alaska, requests the U.S. Navy to conduct its training exercises after the middle of September and before the spring, so as not to impact migrating salmon and other species. PASSED AND ADOPTED by the Homer City Council this 8t1i day of August, 2016. Fiscal Note: N/A CITY OF HOMER MARY E. WYTHI , AYOR Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 94 of 146 AGENDA ITEM #7.A. CITY AND BOROUGH OF SITKA RESOLUTION NO. 2016-23 A RESOLUTION OF THE CITY AND BOROUGH OF SITKA OPPOSING SITING AND TIMING OF U.S. NAVY TRAINING EXERCISES THAT POSE RISKS TO FISH AND FISHERIES IN THE GULF OF ALASKA WHEREAS, the City and Borough of Sitka is the governing body with the full power and authority as recognized by the citizens of Sitka, to act for its members, and has responsibility to provide government for the good health and welfare of its citizens; and WHEREAS, the U.S. Navy plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat vital to the interests of the City of Sitka and its citizens; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fishes, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area); and WHEREAS, the port of Sitka is reliant on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and WHEREAS, the City and Borough of Sitka supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, the City and Borough of Sitka finds no scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats. NOW, THEREFORE BE IT RESOLVED that the Assembly of the City and Borough of Sitka does hereby request that the U.S. Navy refrain from using live ordnance or sonar in any Marine Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 95 of 146 AGENDA ITEM #7.A. Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern; BE IT FURTHER RESOLVED that the Assembly of the City and Borough of Sitka hereby requests that the U.S. Navy relocate its training area to the far southeast corner of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts; and BE IT FURTHER RESOLVED that the Assembly of the City and Borough of Sitka requests the U.S. Navy to conduct its training exercises after the middle of September and before the Spring, so as not to impact migrating salmon and other species. PASSED, APPROVED, AND ADOPTED by the Assembly of the City and Borough of Sitka, Alaska, on this 8°i day of November, 2016. Matthew Hunter, Mayor ATTEST: A- po�w Sara Peterson, CMC Municipal Clerk I" and final reading 11/8/16 Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 96 of 146 AGENDA ITEM #7.A. City of Tenakee Springs RESOLUTION 2017-05 In the Council Introduced by December 29, 2016 Steve Lewis A RESOLUTION FOR THE CITY OF TENAKEE SPRINGS, ALASKA OPPOSING SITING AND TUVIING OF US. NAVY TRAINING EXERCISES THAT POSE RISKS TO FISH AND FISHERIES IN THE GULF OF ALASKA WHEREAS, the City of Tenakee Springs is the governing body with the full power and authority as recognized by the citizens of Tenakee Springs, to act for its members, and has responsibility to provide government for the good health and welfare of its citizens; and WHEREAS, the U.S. Navy plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat vital to the interests of the City of Tenakee Springs and its citizens; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium perchlorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fishes, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area); and WHEREAS, Residents of Tenakee Springs depend on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 97 of 146 AGENDA ITEM #7.A. City of Tenakee Springs Resolution 2017-05 WHEREAS, the City of Tenakee Springs supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, the City of Tenakee Springs finds no scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Tenakee Springs, Alaska does hereby request that the U.S. Navy refrain from using live ordnance or sonar in any Marine Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern; BE IT FURTHER RESOLVED that the City Council of the City of Tenakee Springs, Alaska hereby requests that the U.S. Navy relocate its training area to the far southeast corner of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts; and BE IT FURTHER RESOLVED that the City Council of the City of Tenakee Springs, Alaska requests the U.S. Navy to conduct its training exercises after the middle of September and before the Spring, so as not to impact migrating salmon and other species. ADOPTED 5 Yes, 2 Absent THIS 2T DAY OF December 2016 — o(� ��ti 4bVfi �ott Joh4Wis augh City Council President Ex officio MAYOR ATTEST: Mary Almy City Clerk Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 98 of 146 AGENDA ITEM #7.A. CITY OF WHITTIER, ALASKA RESOLUTION 02-2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHITTIER, ALASKA OPPOSING SITING AND TIMING OF U.S. NAVY TRAINING EXERCISES THAT POSE RISKS TO FISH AND FISHERIES IN THE GULF OF ALASKA WHEREAS, the City of Whittier is the governing body with the full power and authority as recognized by the citizens of Whittier, to act for its members, and has responsibility to provide government for the good health and welfare of its citizens; and WHEREAS, the U.S. Navy plans to conduct training activities utilizing explosives, live ordnance, and sonar in the Gulf of Alaska in 2017 that will have impacts on marine life and habitat vital to the interests of the City of Whittier and its citizens; and WHEREAS, these trainings will impact the waters of the Gulf of Alaska by annually releasing up to approximately 352,000 pounds of expended materials including up to 10,500 pounds of hazardous materials including cyanide, chromium, lead, tungsten, nickel, cadmium, barium chromate, chlorides, phosphorus, titanium compounds, lead oxide, potassium perchlorate, lead chromate, ammonium percblorate, fulminate of mercury, and lead azide into waters designated by NOAA as Essential Fish Habitat for a multitude of species that support the economic development in Alaskan coastal communities and harvest of wild Alaskan salmon and other fish for global markets; and WHEREAS, the training area and vicinity is a highly productive region for many marine fish and shellfish populations and supports some of the most productive fisheries in the United States, and an important spawning area for many fishes, and the training is scheduled to take place during the summer season when many fish populations are migrating and spawning (at least 383 species belonging to 84 families of marine and anadromous fishes have been reported from the predominant ecosystems found in the training area); and WHEREAS, the port of Whittier is reliant on the fish and wildlife resources in the Gulf of Alaska for their subsistence harvest and the livelihoods supported by commercial fishing; and WHEREAS, the City of Whittier supports all cultural, traditional and subsistence activities historically and continually practiced by Native and non -Native peoples in the Gulf of Alaska; and WHEREAS, the City of Whittier finds limited scientific information or traditional knowledge demonstrating that the U.S. Navy's training activities can take place without negatively affecting salmon, marine mammal, bird and other marine habitats. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Whittier, Alaska does hereby request that the U.S. Navy refrain from using live ordnance or sonar in any Marine Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 99 of 146 AGENDA ITEM #7.A. Protected Area, including NOAA Fisheries Marine Protected Areas, State Marine Protected Areas and Habitat Areas of Particular Concern; BE TT FURTHER RESOLVED that the City Council of the City of Whittier, Alaska hereby requests that the U.S. Navy relocate its training area to the far southeast comer of the current designated training area, off the Continental Shelf areas of the Gulf of Alaska, and away from seamounts; and BE TT FURTHER RESOLVED that the Whittier City Council supports a well-trained Navy and requests that the U.S. Navy conduct its training exercises after the middle of September and before the Spring, so as not to impact migrating salmon and other species. PASSED AND ADOPTED by a duly constituted quorum of the Whittier City Council on this 21" day of February 2017. ATTEST: A Z h2 Jeng(feRo&4rs Ci rk Ayes: 7 Nays: 0 Absent: 0 Abstain: 0 Daniel Blair Mayor Presentation Addressing Issues Relating To The U.S. Navy Tra... Page 100 of 146 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 23, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-26 Professional Services Agreement With McCarty and Associates for Fisheries Analyst Consulting And Related Services (Joint Contract Of The Kodiak Island Borough and City of Kodiak With McCarty and Associates of Juneau, Alaska). ORIGINATOR: Michael Powers RECOMMENDATION: Authorize the Manager to execute Contract No. FY2014-26B amendment #2 to Contract No. FY2014-26 professional services agreement with McCarty and Associates. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 101 of 146 AGENDA ITEM #13.A.1. AMENDMENT NO. 2 Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services This Amendment No 2 to the professional services agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services (Amendment No. 2) is made and entered into effective as of March 1, 2017, by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the Borough; the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the City; and MCCARTY AND ASSOCIATES, a sole proprietor company authorized to do business in Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the Contractor (collectively referred to as the Parties). RECITALS WHEREAS, the Parties entered into a Professional ServicesAgreemenl made as of February 7, 2014, for Contractor to monitor, analyze and report on fisheries Issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; for a two- yearterm ending on February 6, 2016 (Agreement); and WHEREAS, the Parties amended the Agreement with Amendment No. 1, effective March 1, 2016, which provided that the Agreement may be extended for one year upon approval by the Borough, City, and Contractor; and WHEREAS, the Parties desire to amend and extend theAgreement NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated herein by reference, and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree asfollows: .1. Amendments to Agreement The following amendments are made to the Agreement by this Amendment No. 2: Sectlon2.01renn of Agreemenlisamendedinitsentiretytoreadasfollows This Agreement shall take effect March 1, 2017. This Agreement shall remain in full force and effect for one year, expiring on February 28, 2018. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. Section 3.0 Fees is amended in its entirety to read as follows: Contractor will be paid $4,584 per month. Contractor shall be reimbursed for travel -related costs including airfare, local transportation, lodging and per diem for meals based on the current US Government Services Administration (GSA) Amendment Na. 2 to PMaaalonal aaMces ApnemMl Pape 1 ors Wflh McGarry and Assedmaa Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 102 of 146 AGENDA ITEM #13.A.1. agency schedule when preapproved by the Fisheries Work Group (FWG) co- chairs. The contractor shall submit monthly invoices, no later than the 10' of the following month, detailing work and expenses incurred. The Borough and City will each pay one half of each accurate monthly invoice. Section4.0 Scope ofServices is amended to read asfollows: The Borough, City, and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit B, to provide Fisheries Analyst Services based on approved standards and instructions. Contractor will attend monthly meetings of the Kodiak Fisheries Work Group either in person or via monthly -Work Sessions of the Assembly and Council via teleconference_as requested by the FWG Co-chairs. Attendance at othermeelings in Kodiak may be requested by the Borough/City Fisheries Work Group. Additional Contractor fee for additional meetings (if any) must be agreed to, In writing, and approved by the Borough/City Fisheries Work Group. In addition, Section 4 C of Exhibit B is amended to read: Provide the written monthly reportss Prepared for the FWG meetings -lo both the Borough Assembly and the City Council through the Clerks, and aad-make monthly presentations As teleconference at ioint work sessions of the Borough and City-wofk, as requested by the FWG Co-chairs. sessions. Reporting should include discussions or updates of ongoing concems, introductions of proposed changes, and a summary of work performed since the previous report. This Scope of Services can only be changed in writing pursuant to Section 25.0 of the original Agreement. Section 5.0 ReportScheduleis amended in itsentiretyto read asfollows Written monthly reports shall be provided to the Borough and City to be presented at monthly Borough Assembly and City Council work sessions and scheduled Fisheries Work Group meetings. Contractor shall also provide monthly fisheries updates at Joint Work Sessions of the Borough and City work sessions -orally via teleconference, as requested by the Co-chairs of the FWG. Contractor shall report in writing and orally —to the Borough/Cily, Fisheries Work Group on each fisheries meeting attended. Contractor shall attend telephonically and report to Borough/Cily, Joint Work Sessions when requested by the Borough Assembly and City Council. Joint Work Sessions are anticipated to occuron a quarterly basis. Section 6.0 Personnel/Organization is amended in its entirety to read as follows: Key Personnel. Fisheries Analyst Services provided by the Contractor will be performed by Heather McCarty. Ato-Mm of No. 2 to PWovtlonel seMoes Agreement Pape 2 or b Nth Md sot, ani Aneedeleo Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 103 of 146 Chances in Key Personnel. The Contractor shall give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaluate the impact of such substitution on this Agreement No substitutions or other changes shall be made without the written consentofthe Borough and City. The contact person(s) on Issues related to agenda setting and fisheries related issues of the Joint Fisheries Work Group, or direction on topics identified in the contract scope of work are the current co-chairs of the Fisheries Work Group. The contact persons) on the administration of this contract are the City Manager and Borough Manager. Contractor will provide the Managers a listing of clients that are currently contracting with the Contractor. Any new clients will be divulged to the Managers. Section 9.0 Compliance With Laws is amended in its entirety to read as follows The Contractor shall be familiar with and at all times comply with and observe all applicable federal, stale and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, the City or the service which may be in effect now or during performance of the services. Contractor shall maintain a current Stale of Alaska business license and shall provide a copy to both the Borough and City. Section 11.0 Insurance is amended in ilsentiretylo read asfollows: The Contractor understands that no Borough or City insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation (if Contractor has employees), general public liability, automobile, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement until the Contractor provides the Borough and City with certificates of insurance evidencing that all required Insurance has been obtained. Contractor shall provide an updated insurance certificate at least ten days before expiration. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: Borough and City are additional insured hereunder as respects liability arising out of or from the work performed by Contractor. Borough and City will be given thirty (30) days prior notice of cancellation or AmerMsneM No. 2 to Prerxalxal geMcea Agreement MM McCarty and Asscelates Pape p of 9 AGENDA ITEM #13.A.1. Comment JHM1J: I am not completely certain what tontracmal liability endorsemenC means In this contest I have standard liability insurance for my amp and orrice Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 104 of 146 AGENDA ITEM #13.A.1. material alteration of any of the insurance policies specified inthe certificate Insurer waives all rights of subrogation against Borough and City and their employees or elected officials. The insurance coverage is primary to any comparable liability insurance carried by the Borough and City. Upon request, Contractor shall permit the Borough and City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the Contracting Officers' request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard ofthe industry. Section 28.0 Notices is amended in its entirety to read as follows: Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid, to the addresses noted below: Kodiak Island Borough McCarty and Associates Attn: Borough Manager Attn: Heather McCarty 710 Mill Bay Road, Room 125 1537 Pine Street Kodiak, AK 99615 Juneau, AK 99801 mpowers@kodiakak.us hdmccarty@gmail.com City of Kodiak Attn: City Manager 710 Mill Bay Road, Room 113 Kodiak, AK 99615 mtvenge@city.kodiak.ek.us 2. Effect and Continuation of Agreement Terms. Except as specifically modified herein, all of the terms, provisions, covenants and conditions of the Agreement continue in full force and effect without modification or change. The Parties hereby covenant, ratify and reaffirm each and every of their respective obligations under the Agreement as amended bythisAmendment No. 2. 3. Effective Date. This Amendment No. 2 is effective as of March 1, 2017. 4. Authority The Parties represent and warrant to each other that each has the full, complete and absolute authority to enter into this Amendment No. 2 that this Amendment No. 2 has been duty authorized by is local governing body or Ameldmed Na. 3 to Pr .W.nal Send«s Apreernent Pape 4 a S W,N McCarty and Associates Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 105 of 146 owners; that the person executing this Amendment No. ton is behalf has the full power and authority to do so; and this Amendment No. 2 is binding and enforceable against t in accordance with is terms. 5. Counterparts. For the convenience of the Parties hereto, this Amendment No. 2 maybe executed, including byfacsimile signature, in one or more counterparts, each identical to the other, so long as the counterparts in a set contain the signatures of all the Parties tothisAmendment. IN WITNESS WHEREOF, the parties have entered into this Amendment No. 2 effective as ofthe date and year hereinabove firstwriften. KODIAK ISLAND BOROUGH By: Michael Powers Title: Borough Manager ATTEST: Nova Javier, MMC Borough Clerk CITY OF KODIAK By: Mike Tvenge Title: Acting City Manager ATTEST: Debra Mader, MMC City Clerk McCarty and Associates By: Heather McCarty Title: Owner State of Alaska Third Judicial District The foregoing Instrument was acknowledged before me by A e"rnent No. 2 to PMesslanal SeMeas Agreement with Mccarty aM Associates Date Pape 5 of 5 AGENDA ITEM #13.A.1. Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 106 of 146 AGENDA ITEM #13.A.1. an this day of 2017. L.S. Notary Public in and for Alaska My Commission Expires: Amendment No. 2 to Professional SeMees ABtaement Page 5 or 5 With McCall and Associates Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-... Page 107 of 146 AGENDA ITEM #13.6.9. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 23, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2017-33 Advocating For The Establishment Of Consistent Communication Between The Kodiak Island Borough And The Kodiak Island Borough Board Of Education For The Purposes Of Effective Governance Of Issues Such As, But Not Limited To, In -Kind Services, Facilities Upkeep And Maintenance, And Various Budgetary Items. ORIGINATOR: Larry LeDoux RECOMMENDATION: Move to adopt Resolution No. FY2017-33. DISCUSSION: The Assembly met with the School Board on December 6, 2016 in a joint meeting. The discussion led to the drafting of the attached resolution by Assembly member LeDoux and School Board member Tracy Chandler. This resolution is in support of consistent collaborative communication between the elected officials of the Kodiak Island Borough School Board and the Borough Assembly. The resolution advocates that the Assembly and School Board hold a minimum of three joint work sessions a year, it details that AdHoc Committees may be form when deemed necessary for specific tasking, it encourages the School District Superintendent and the Borough Manager to meet on a monthly basis to review and discuss operational challenges. The School District Board adopted their resolution on January 23, 2017. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2017-33 Advocating For The Establishment Of... Page 108 of 146 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #93.6.1. Introduced by: Assembly member LeDoux Drafted by: Assembly member LeDoux and School Board member Chandler Introduced on: 03/23/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-33 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADVOCATING FOR THE ESTABLISHMENT OF CONSISTENT COMMUNICATION BETWEEN THE KODIAK ISLAND BOROUGH AND THE KODIAK ISLAND BOROUGH BOARD OF EDUCATION FOR THE PURPOSES OF EFFECTIVE GOVERNANCE OF ISSUES SUCH AS, BUT NOT LIMITED TO, IN-KIND SERVICES, FACILITIES UPKEEP AND MAINTENANCE, AND VARIOUS BUDGETARY ITEMS WHEREAS, it is of the public interest to have the Assembly and the School Board work collaboratively; and WHEREAS, the Assembly members and School Board members are elected to serve the people of the Kodiak Island Borough; and WHEREAS, the Kodiak Island Borough and the Kodiak Island Borough School District each have statutory responsibilities for public education; and WHEREAS, consistent and focused dialogue leads to a deeper understanding of shared challenges and opportunities; and WHEREAS, it is in the public interest for the Borough and School District to provide educational services in the fiscally responsible manner that supports the State education policy; and WHEREAS, it is in the common interest to ensure that Borough -owned school facilities are maintained through responsibilities defined in Alaska Statute 14.14.060 with regard to custodial and routine maintenance and major rehabilitation and repair of school buildings; and WHEREAS, mutual understanding of Borough and School District strategic planning priorities leads to collaborative planning; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1. The Kodiak Island Borough Assembly and Kodiak Island Borough School Board shall hold a minimum of three joint work sessions per year. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Resolution No. FY2017-33 Page 1 of 2 Resolution No. FY2017-33 Advocating For The Establishment Of... Page 109 of 146 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 AGENDA ITEM #13.8.1. Section 2. Ad Hoc Committees comprising of members of both bodies shall be established when deemed necessary for specific tasking. Section 3. The School District Superintendent and the Borough Manager are encouraged to meet on a monthly basis to review and discuss operational challenges. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 12017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-33 Page 2 of 2 Version 1 Resolution No. FY2017-33 Advocating For The Establishment Of... Page 110 of 146 AGENDA ITEM #13.8.1. Kodiak Island Borough School District 722 Mill Bay Road (907)481-6200 Resolution 16-17-001 Joint KIBSD/KIB resolution in support of increased communication A resolution of the Kodiak Island Borough Board of Education advocating for the establishment of consistent communication between the Kodiak Island Borough Assembly and the Kodiak Island Borough Board or Education for purposes of effective governance of issues such as, but not limited to, in-kind services, facilities upkeep and maintenance, and various budgetary items. WHEREAS, it is of the public interest to have the Assembly and the School Board work collaboratively; and WHEREAS, the Assembly members and School Board members are elected to serve the people of the Kodiak Island Borough; and WHEREAS, the Kodiak Island Borough and the Kodiak Island Borough School District each have statutory responsibilities for public education; and WHEREAS, consistent and focused diologue leads to a deeper understanding or shared challenges and opportunities; and WHEREAS, it is in the public interest for the Borough and School District to provide educational services in a fiscally responsible manner that supports the State education policy; and WHEREAS, it is in the common interest to ensure that Borough owned school facilities are maintained through responsibilities defined in Alaska Statute 14.14.060 with regard to custodial and routine maintenance and major rehabilitation and repair of school buildings; and WHEREAS, mutual understanding of Borough and School District strategic planning priorities leads to collaborative planning; and THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Board of Education that: • The Kodiak Island Borough Assembly and Kodiak Island Borough School Board shall (told a minimum of three joint work sessions per year. • Ad Hoc Committees comprising of members of both bodies shall be established when deemed necessary for specific tasking. • The School District Superintendent and the Borough Manager are encouraged to meet on a monthly basis to review and discuss operational challenges. ADOPTED this- day of arms/' j _,2017 V� Robert Foy, President Kodiak Island Borough Sch 1 District Board of Education Resolution No. FY2017-33 Advocating For The Establishment Of... Page 111 of 146 AGENDA ITEM #13.8.2. KODIAK ISLAND BOROUGH STAFF REPORT f MARCH 23, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2017-35 Urging the Legislature To Adopt House Concurrent Resolution No. 8 To Maintain The Kodiak Seafood And Marine Science Center As An Important Resource In The State. ORIGINATOR: Larry LeDoux RECOMMENDATION: Adopt Resolution No. FY2017-35. DISCUSSION: This is for the Assembly to discuss adoption of Resolution No. FY2017-35 in support of House Concurrent Resolution No. 8. The Assembly have taken the following actions in the past: • October 30, 2015, A Joint Borough and City Letter was submitted to UA President James R. Johnsen urging the University of Alaska to reconsider the decision to close UAF's University of Alaska Fairbanks' Kodiak Seafood and Marine Science Center formerly, and in Alaska Statute (Title 16, Chapter 52), referred to as the Fishery Industrial Technology Center • November 5, 2015, Adopted Resolution No. FY2016-21 submitted to the Alaska Municipal League for consideration and adoption. AML membership adopted a resolution in November of 2015. • February 25, 2016, Resolution No. FY2016-28 was adopted and submitted to SWAMC for consideration and adoption. SWAMC adopted the resolution in support in 2016 and also in 2017. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 112 of 146 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 AGENDA ITEM #13.6.2. Introduced by: KIB Assembly Drafted by: Clerk Introduced on:03/23/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-35 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE LEGISLATURE TO ADOPT CONCURRENT RESOLUTION NO. 8 EXPRESSING STRONG SUPPORT FOR THE KODIAK SEAFOOD AND MARINE SCIENCE CENTER; AND URGING THE UNIVERSITY OF ALASKA TO MAINTAIN THE KODIAK SEAFOOD AND MARINE SCIENCE CENTER AS AN IMPORTANT RESOURCE FOR THE ENTIRE STATE OF ALASKA WHEREAS, the Kodiak Seafood and Marine Science Center, known in Alaska Statute (Title 16 Chapter 52) as the Fisheries Industrial Technology Center (FITC), was created in Kodiak by the Alaska Legislature as an applied science partnership between harvesters and processors from the fishing industry, coastal communities and the University to provide service, teaching and research; and WHEREAS, that service, teaching and research is in support of the responsible development of natural resources as well as jobs, industry and the economic vitality of the State that the University of Alaska is charged to serve; and WHEREAS, service, teaching and research conducted by KSMSC scientists, staff and students has improved our understanding of natural resource communities, vulnerable marine bird and mammal populations, as well as fishery processing technology, stock sustainability, seafood safety, processing efficiency, food preservation and increased catch utilization across the State of Alaska; and WHEREAS, there is a strong support from Alaska State agencies, NGOs such as ASMI, UFA and AFDF and Alaska's Seafood Industry as well as the Alaska Municipal League and the Southwest Alaska Municipal Conference to find a solution that would keep the KSMSC operating and stable; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH, that the Alaska State Legislature is hereby urged by the Kodiak Island Borough to adopt Concurrent Resolution No. 8 expressing strong support for the Kodiak Seafood and Marine Science Center; and urging the University of Alaska to maintain the Kodiak Seafood and Marine Science Center as an important resource for the entire State of Alaska. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2017-35 Page 1 of 1 Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 113 of 146 AGENDA ITEM #13.6.2. 30-LS05841A HOUSE CONCURRENT RESOLUTION NO. 8 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTIETH LEGISLATURE - FIRST SESSION BY THE HOUSE SPECIAL COANIITTEE ON FISHERIES Introduced: 3/1/17 Referred: House Special Committee on Fisheries A RESOLUTION 1 Expressing the strong support of the Alaska State Legislature for the Kodiak Seafood 2 and Marine Science Center; and urging the University of Alaska to maintain the Kodiak 3 Seafood and Marine Science Center as an important resource in the state. 4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 WHEREAS the Alaska seafood industry employs more workers than any other 6 private sector industry in the state, employing 60,000 workers annually and providing those 7 workers with $1,600,000,000 in annual earnings; and 8 WHEREAS significant economic benefits accrue to the state directly from the 9 activities of the state's seafood industry; in 2014, the seafood had a harvest value of 10 $1,900,000,000 and a first wholesale value of $4,200,000,000; and I I WHEREAS the number of seafood industryjobs in the state that require technical and 12 professional skill is increasing and the state is at a crossroads in its need to diversify and 13 expand its economy; and 14 WHEREAS, in 1974, a group of Alaskans from the coastal regions of the state 15 worked together to develop plans for a Fishery Industrial Technology Center that would HCRO08a -I- HCR 8 New Tex[ Underlined [DELETED TEXT BRACKETED] Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 114 of 146 AGENDA ITEM #13.8.2. 30-LS0584\A 1 provide teaching, research, and services relating to the seafood industry, through the 2 University of Alaska, to citizens and businesses in the state; and 3 WHEREAS, in 1981, the Fishery Industrial Technology Center was established in 4 state statute as part of the University of Alaska; and 5 WHEREAS the statutory duties of the center include creating employment 6 opportunities in the state's fishing industry, providing training to citizens of the state in the 7 harvesting, processing, and conservation of the state's fishery resources, providing research 8 and development activities to enhance the effectiveness and economic viability of the state's 9 fishing industry, and encouraging joint projects between industry and government to use 10 industrial experience and government programs to enhance the productivity of the industry; 11 and 12 WHEREAS teaching, training, research, and technical assistance carried out at the 13 center serves all Alaskans, being primarily delivered by Alaska Sea Grant and fisheries 14 faculty who, in fiscal year 2016, provided workforce training to 265 industry members, 15 educational opportunities to 25 graduate and undergraduate students, and technical assistance 16 to over 70 seafood businesses, tribes, and communities; and 17 WHEREAS the Department of Environmental Conservation has designated the center 18 and its faculty as "process authorities" for the purposes of certifying the safety of the state's 19 seafood; and 20 WHEREAS the state built the Alfred Owen Building in 1991 to be the home for the 21 Fishery Industrial Technology Center using $10,800,000 from the state's settlement of the 22 criminal case originating from the Exxon Valdez Oil Spill, and, in 2011, the name of the 23 center was changed to the Kodiak Seafood and Marine Science Center; the facility is 20,000 24 square feet in size and has five dedicated laboratories, a pilot plant 5,000 square feet in size, 25 three freezers, and numerous offices and conference rooms; and 26 WHEREAS the state built the center on Near Island, on land that the City of Kodiak 27 donated to the University of Alaska; and 28 WHEREAS the activities of the center are guided by a seven -member Fishery 29 Industrial Technology Policy Council, composed of two members who represent the state's 30 seafood processing industry, two members who are commercial fishermen in the state, and 31 three public members who, together, assist the Board of Regents of the University of Alaska IICR 8 -2- 11CR008a New Tex[ Underlined (DELETED TEXT BRACKETED) Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 115 of 146 AGENDA ITEM #13.6.2. 30-LS0584W 1 in preparing an annual report to the Alaska State Legislature on the center's activities; and 2 WHEREAS the center is a unique and well-positioned hub of knowledge, inquiry, 3 research, and work that serves many industry partners, including the Department of Fish and 4 Game, the Department of Environmental Conservation, the Department of Commerce, 5 Community, and Economic Development, the Department of Natural Resources, the Alaska 6 Fisheries Development Foundation, the Alaska Seafood Marketing Institute, the North Pacific 7 Fisheries Management Council, the National Marine Fisheries Service, the Department of 8 Education and Early Development, the Department of Labor and Workforce Development, 9 and other entities; and 10 WHEREAS the Alfred Owen Building is a key asset in delivering the opportunities I 1 that the center is statutorily directed to provide and, in 2016, the legislative research services 12 described the building as continuing to be ready to meet the center's statutorily prescribed 13 duties; 14 BE IT RESOLVED that the Alaska State Legislature strongly supports the Kodiak 15 Seafood and Marine Science Center, formerly the Fishery Industrial Technology Center, as a 16 statewide hub for research, training, and technical assistance efforts to support fisheries across 17 the entire state and urges the University of Alaska to find a solution that keeps the center 18 operating and stable. HCR008a -3- IR 1z 8 New Text Underlined [DELETED TEXT BRACKETED] Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 116 of 146 Kodiak Island Borough 710 Mill Bay Road, Rm. 101 Kodiak, AK 99615 907.486.9310 October 30, 2015 President James R. Johnsen University of Alaska Office of the President P.O. Box 755000 Fairbanks, AK 99775-5001) Dear President Johnsen: AGENDA ITEM #13.6.2. City of Kodiak 710 Mill Bay Road, Rm. 216 Kodiak, AK 99615 907.486.8636 On behalf on the citizens of the City of Kodiak, the Kodiak Island Borough, and other Alaska communities engaged in commercial, sports and subsistence related fishing pursuits, we respectfully urge the University of Alaska to reconsider the decision to close UAFs Kodiak Seafood and Marine Science Center, formerly, and in Alaska Statute (Title 16 Chapter 52), referred to as the Fishery Industrial Technology Center or FITC. The applied research conducted by faculty, staff, students, and visiting scientists at FITC has improved fishery processing technology, seafood safety, and Increased catch utilization across the state. In addition, the work of FITC based scientists has brought better understanding to marine ecosystem energetics and the interactions of marine mammals in the North Pacific Kodiak -based and visiting scientists use FITC facilities and its specialized equipment to further a deeper understanding of the complex ocean ecosystems; an understanding necessary to both develop and maintain sustainable Alaska fisheries policies. The sudden and unexpected decision by the University to close FITC at the end of the fiscal year, absent any community or industry dialogue, suggests that the University of Alaska is preparing to abandon both a commitment to applied fisheries research as well as the close community and industry partnerships that provide the foundation for a healthy university system. It is not our collective Intent to join the cacophony of voices demanding that local programs be spared the budget knife. Tough times require tough decisions. Our communities are also weathering the complex logistical and personnel challenges created when declining revenues test our commitment to mission and vision. However, we believe the key to an Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 117 of 146 AGENDA ITEM #13.6.2. President Johnsen October 30, 2015 Page 2 effective response to a fiscal crisis is transparent and collaborative dialogue with our citizenry. It is in this spirit, that we invite the University to work collaboratively with our community to develop alternative sources for revenue to support the critical research conducted by FITC. Maintenance of FITC research, equipment, and staff through fiscal year 2017 will provide time to explore new sources of revenue while preserving the universities role In these applied fisheries related activities. The FITC facility and equipment are critical to achieving the mission. Transference of the Alfred Owen Building to another campus without underlining a requirement that it be used to support future applied fisheries research (as outlined in Alaska Statute Title 16 Chapter 52) will make it difficult to revitalize the program in the future. Plans to ship millions of dollars worth of specialized seafood processing equipment from the pilot plant and the dedicated laboratory equipment in the Organismal, Biochemistry, Chemistry, and Microbiology labs at the Alfred Owen Building to another site will be expensive and will also severely limit the potential for future productivity at the facility. Recent discussions to develop a maritime trades program by the local college are exciting and timely, but should not be used to Justify eliminating FITC. If anything, FITC can be a critical hub for learning these trades. The University of Alaska is undergoing significant leadership changes with a new statewide president, UAF chancellor, and a new UAF School of Fisheries and Ocean Sciences dean. Delaying this potentially devastating decision for one fiscal year will provide sufficient time for leadership to review and evaluate the critical role FITC plays statewide. Because FITC was created by Alaska Statute with a continuing appropriation, it will be important to consult with Legislative leaders before eliminating the program. Maintenance of even partial funding for a year will provide time for the scientific community, civic leaders, fishers, processors and those who see the value in applied fisheries research to explore other funding streams. Partnerships with other Sea Grant institutions, public and private grants or new fisheries research opportunities with interested state or federal agencies are feasible, plentiful, and worthy of exploring. The decision and timing to close FITC was made in the absence of community dialogue. Once a decision is announced, the community is placed in a reactive or defensive posture rather than engaged in the positive and proactive process necessary for effective problem solving. The current fiscal crisis can represent an opportunity for the University to collaborate with stakeholders to identify Innovative strategies to renew and revitalize FITC. Or it can be used to cloak and Justify top down program cuts made in the absence of community dialog and without input from the largest employment sector in the state. The University of Alaska was charged with supporting and maintaining the Fishery Industrial Technology Center, a vision of 24 citizens from coastal Alaska more than 30 years ago. It was brought to fruition by the Alaska Legislature with its mission and functions encoded in Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 118 of 146 AGENDA ITEM #13.6.2. President Johnsen October 30, 2015 Page 3 Stale Statute. Transferring the Alfred Owen Building's administrative home, moving faculty to different campuses and cannibalizing the equipment housed at FITC surely represents an abrogation of the responsibility the University accepted when the Alaska State Legislature created FITC. Alaska's fishing industry cannot afford to stand idly by while critical fisheries research programs wither away until their purpose, vitality and vision is no longer recognizable. We eagerly anticipate a professional discourse with University leadership to address and hopefully resolve this issue. ;Sincerelyriend, Mayor Kodiak Island Borough Cc: Governor Bill Walker Senator Gary Stevens Representative Louise Stutes Q�Z)/ on, Mayor City of Kodiak Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 119 of 146 AGENDA ITEM #13.B.2. Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 120 of 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #13.8.2. Introduced by: KIB Assembly Requested by: KIB Assembly Drafted by: Assembly members LeDoux and Crow Introduced on: 11/052015 Adopted on: 11/052015 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2016-21 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE UNIVERSITY OF ALASKA TO RECONSIDER THE DECISION TO CLOSE THE UNIVERSITY OF ALASKA FAIRBANKS' KODIAK SEAFOOD AND MARINE SCIENCE CENTER, FORMERLY, AND IN ALASKA STATUTE (TITLE 16 CHAPTER 52), REFERRED TO AS THE FISHERY INDUSTRIAL TECHNOLOGY CENTER (FITC) WHEREAS, the State of Alaska is currently facing fiscal difficulties as a result of an overdependence on oil prices and needs a more diversified base of income and, WHEREAS, the State of Alaska has an abundance of other natural resources, including a rich and robust abundance of fish that drives Alaska's largest economic employment sector, it is Imperative that this resource is well managed to ensure it is sustainably and safely harvested, processed, marketed, and distributed to provide the maximum benefit and value to the State of Alaska WHEREAS, the Kodiak Seafood and Marine Science Center, known in Alaska Statute as the Fisheries Industrial Technology Center (FITC) in Kodiak, was created by the University in response to a charge by the Alaska Legislature (Title 16 Chapter 52) to represent an applied science partnership between the fishing industry, coastal communities and the University where members of the Alaska Seafood Industry (harvesters, processors and community members) present the questions they need answered and scientists at FITC endeavor to answer them. WHEREAS, academic research represents a core mission of UAF, applied research supports the jobs, industry and economic vitality of the communities the University of Alaska is charged to serve. WHEREAS, Applied Seafood Research conducted by FITC scientists staff, students and visiting scientists has improved fishery processing technology, stock sustainability, seafood safely, processing efficiency, food preservation and increased catch utilization across the state; and WHEREAS, the University of Alaska Fairbanks (UAF) has announced the closure of the Kodiak Seafood and Marine Science Center in Kodiak, the transfer of the Alfred Owen Building's administrative home, the transfer of remaining faculty and the dismantling of the seafood processing Pilot Plant; and Kodiak Island Borough Resolution No. FY2016-21 Page 1 of 2 Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 121 of 146 AGENDA ITEM #13.8.2. 47 48 WHEREAS, the decision to close the facility was copducted without consultation with FITC 49 staff, fishing communities, industry or others dependent of the fishing industry; and 50 51 WHEREAS, the FITC facility and equipment are critical to achieving the mission; and 52 53 WHEREAS, the sudden and unexpected decision by the UAF to close the FITC at the end 54 of the fiscal year suggests that UAF is preparing to abandon both a commitment to applied 55 fisheries research as well as the close community and industry partnerships that provide the 56 foundation for a healthy University system; and 57 5B WHEREAS, the key to an effect response to a fiscal crisis is transparent and collaborative 59 dialogue with the citizenry it serves; and 60 61 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 62 BOROUGH, that the University of Alaska maintain FITC research, facilities, equipment and 63 staff through fiscal year 2017 to allow sufficient time for the University and Alaska's communities 64 to discuss challenges and opportunities related to the mission, operation and funding of the 65 FITC. 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Bo 81 82 83 84 85 86 87 88 BE IT FURTHER RESOLVED that new university leaders in the offices of statewide system president, UAF chancellor and UAF School of Fisheries and Ocean Sciences dean engage in open dialogue with Alaska's fishing communities relative to the preservation of the FITC as a focus of the universities commitment to the critical need for applied fisheries research. BE IT FURTHER RESOLVED that upon adoption, this Resolution shall be submitted to the membership of the Alaska Municipal League for consideration and adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF NOVEMBER 2005 ATT ST: Nova 0.'Javier, MMC, Bora gh Clerk Kodiak Island Borough •a] VIA U912 mo Friend, orough Mayor Resolution No. FY2016-21 Page 2 of 2 Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 122 of 146 AGENDA ITEM #93.6.2. oncs�Pwe,SG 200 e • Juneau, Alaska 99801 Tel (907) 586-1325 • Fax (907) 463-5480 • w .akml.org ALASKA MUNICIPAL LEAGUE RESOLUTION #2016-10 A RESOLUTION URGING THE UNIVERSITY OF ALASKATO RECONSIDER THE DECISION TO CLOSE THE UNIVERSITY OF ALASKA/FAIRBANKS' KODIAK SEAFOOD AND MARINE SCIENCE CENTER, FORMERLY KNOWN AS AND REFERRED TO IN ALASKA STATUTE (TITLE 16, CHAPTER 52) AS THE FISHERY INDUSTRIAL TECHNOLOGY CENTER (FITC) WHEREAS, the State of Alaska is currently facing fiscal difficulties as a result of an overdependence on oil prices and needs a more diversified base of income; and WHEREAS, the State of Alaska has an abundance of other natural resources, including a rich and robust abundance of fish that drives Alaska's largest economic employment sector, it is imperative that this resource is well managed to ensure it is sustainably and safely harvested, processed, marketed, and distributed to provide the maximum benefit and value to the State of Alaska; and WHEREAS, the Kodiak Seafood and Marine Science Center, known in Alaska Statute as the Fisheries Industrial Technology Center (FITC) in Kodiak, was created by the University in response to a charge by the Alaska Legislature (Title 16, Chapter 52) to represent an applied science partnership between the fishing industry, coastal communities, and the University, where members of the Alaska seafood industry (harvesters, processors and community members) present the questions they need answered and scientists at FITC endeavor to answer them; and WHEREAS, academic research represents a core mission of UAF, applied research supports the jobs, industry, and economic vitality of the communities the University of Alaska is charged to serve; and WHEREAS, applied seafood research conducted by FITC scientists, staff, students and visiting scientists has improved fishery processing technology, stock sustainability, seafood safety, processing efficiency, food preservation, and increased catch utilization across the state; and WHEREAS, the University of Alaska/Fairbanks (UAF) has announced the closure of the Kodiak Seafood and Marine Science Center in Kodiak, the transfer of the Alfred Owen Building's administrative home, the transfer of remaining faculty and the dismantling of the seafood processing Pilot Plant; and Member of the National League of Cities and the National Association of Counties Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 123 of 146 AGENDA ITEM #13.8.2. WHEREAS, the decision to close the faculty was conducted without consultation with FITC staff, fishing communities, industry or others dependent on the fishing industry; and WHEREAS, the FITC faculty and equipment are critical to achieving the mission; and WHEREAS, the sudden and unexpected decision by the UAF to close the FITC at the end of the fiscal year suggests that UAF is preparing to abandon both a commitment to applied fisheries research, as well as the close community and Industry partnerships that provide the foundation for a healthy University system; and WHEREAS, the key to an effective response to a fiscal crisis is transparent and collaborative dialogue with the citizenry if serves. NOW, THEREFORE BE IT RESOLVED that the University of Alaska maintain FITC research, facilities, equipment and staff through fiscal year 2017 to allow sufficient time for the University and Alaska's communities to discuss challenges and opportunities related to the mission, operation, and funding of the FITC. BE IT FURTHER RESOLVED that new University leaders in the offices of statewide system President, UAF Chancellor and UAF School of Fisheries and Ocean Sciences Dean, engage in open dialogue with Alaska's fishing communities relative to the preservation of the FITC as a focus of the University's commitment to the critical need for applied fisheries research. PASSED AND APPROVED by the Alaska Municipal League on this 201h day of November, 2015. 11 Signed: Bob Harcharek, President, Alaska Municipal League Attest: Kathie Wasserman, Executive Director, Alaska Municipal League Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 124 of 146 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #93.6.2. Introduced by: KIB Assembly Requested by: KIB Assembly Member Skinner Drafted by: Assembly members LeDoux and Crow Introduced on: 02/2512016 Adopted on: 02/252016 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2016-28 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE UNIVERSITY OF ALASKA TO RECONSIDER THE DECISION TO CLOSE THE UNIVERSITY OF ALASKA FAIRBANKS' KODIAK SEAFOOD AND MARINE SCIENCE CENTER, FORMERLY, AND IN ALASKA STATUTE (TITLE 16 CHAPTER 52), REFERRED TO AS THE FISHERY INDUSTRIAL TECHNOLOGY CENTER (FITC) AND UPON ADOPTION, SUBMITTING THIS RESOLUTION TO THE SOUTHWEST ALASKA MUNICIPAL CONFERENCE FOR CONSIDERATION AND ADOPTION WHEREAS, the State of Alaska is currently facing fiscal difficulties as a result of an overdependence on oil prices and needs a more diversified base of income and, WHEREAS, the State of Alaska has an abundance of other natural resources, including a rich and robust abundance of fish that drives Alaska's largest economic employment sector, it is imperative that this resource is well managed to ensure it is sustainably and safely harvested, processed, marketed, and distributed to provide the maximum benefit and value to the State of Alaska WHEREAS, the Kodiak Seafood and Marine Science Center, known in Alaska Statute as the Fisheries Industrial Technology Center (FITC) in Kodiak, was created by the University in response to a charge by the Alaska Legislature (Title 16 Chapter 52) to represent an applied science partnership between the fishing industry, coastal communities and the University where members of the Alaska Seafood Industry (harvesters, processors and community members) present the questions they need answered and scientists at FITC endeavor to answer them. WHEREAS, academic research represents a core mission of UAF, applied research supports the jobs, industry and economic vitality of the communities the University of Alaska is charged to serve. WHEREAS, Applied Seafood Research conducted by FITC scientists staff, students and visiting scientists has improved fishery processing technology, stock sustainability, seafood safety, processing efficiency, food preservation and increased catch utilization across the state; and Kodiak Island Borough Resolution No. FY2016-28 Page 1 of 2 Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 125 of 146 45 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 AGENDA ITEM #13.6.2. WHEREAS, the University of Alaska Fairbanks (UAF) has announced the closure of the Kodiak Seafood and Marine Science Center in Kodiak, the transfer of the Alfred Owen Building's administrative home, the transfer of remaining faculty and the dismantling of the seafood processing Pilot Plant; and WHEREAS, the decision to close the facility was conducted without consultation with FITC staff, fishing communities, industry or others dependent of the fishing industry; and WHEREAS, the FITC facility and equipment are critical to achieving the mission; and WHEREAS, the sudden and unexpected decision by the UAF to close the FITC at the end of the fiscal year suggests that UAF is preparing to abandon both a commitment to applied fisheries research as well as the close community and industry partnerships that provide the foundation for a healthy University system; and WHEREAS, the key to an effect response to a fiscal crisis is transparent and collaborative dialogue with the citizenry it serves; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH, that the University of Alaska maintain FITC research, facilities, equipment and staff through fiscal year 2017 to allow sufficient time for the University and Alaska's communities to discuss challenges and opportunities related to the mission, operation and funding of the FITC. BE IT FURTHER RESOLVED that new university leaders in the offices of statewide system president, UAF chancellor and UAF School of Fisheries and Ocean Sciences dean engage in open dialogue with Alaska's fishing communities relative to the preservation of the FITC as a focus of the universities commitment to the critical need for applied fisheries research. BE IT FURTHER RESOLVED that upon adoption, this Resolution shall be submitted to the membership of the Southwest Alaska Municipal Conference for consideration and adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY FIFTH DAY OF FEBRUARY, 2016 KODIAK ISLAND BOROU H r �l Z43 ATTEST: J rrol den , ugh Mayor 81 Nova M. Javier, WC, Borough Clerk Kodiak Island Borough Resolution No. FY2016-28 Page 2 of 2 Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 126 of 146 AGENDA ITEM #13.6.2. z._ '6111A ASP"'p Southwest Alaska Municipal Conference 3300 Ardic Boulevard, Suite 203 Anchorage, AK 99503 P: 907.562.7380 www.swannc.org MEMBERSHIP RESOLUTION FY17-04 A RESOLUTION BYTHE SOUTHWEST ALASKA MUNICIPAL CONFERENCE (SWAMC) MEMBERSHIP GIVING STRONG SUPPORT FOR THE KODIAK SEAFOOD AND MARINE SCIENCE CENTER AND URGING THE UNIVERSITY OF ALASKA TO MAINTAIN THE CENTER AS AN IMPORTANT RESOURCE FOR THE STATE Alaska Peninsula Aleutian Chain Bristol Bay Kodiak Island Pribilof Islands WHEREAS, the Alaska seafood industry employs more workers than any other private sector industry In the state, employing 60,000 workers and providing those workers with $1.6 billion annual earnings; and WHEREAS, significant economic benefits accrue to Alaskans from activities of the state's seafood industry; In 2014, seafood had a harvest value of $1.9 billion and a first wholesale value of $4.2 billion; and WHEREAS, the number of seafood industry jobs in the state that require technical and professional skill is increasing and the state is at a crossroads In its need to diversify and expand its economy; and WHEREAS, the statutory duties of the Kodiak Seafood and Marine Science Center (KSMSC) include creating employment opportunities in the state's fishing industry, providing training to citizens of the state In the harvesting, processing, and conservation of the state's fishery resources, providing research and development activities to enhance the effectiveness and economic viability of the state's fishing industry, and encouraging joint projects between industry and government to use industrial experience and government programs to enhance the productivity of the industry; and WHEREAS, Alaska Sea Grant services focusing on teaching, training, research, and technical assistance carried out at KSMSC serves all Alaskans, and in fiscal year 2016 provided workforce training to 265 industry members, educational opportunities to 25 graduate and undergraduate students, and technical assistance to over 70 seafood businesses, tribes, and communities; and WHEREAS the Department of Environmental Conservation has designated the center and its faculty as "process authorities" for the purposes of certifying the safety of the state's seafood; and WHEREAS, the center is a unique and well-positioned hub of knowledge, inquiry, research, and work, serving industry partners, state and federal agencies and commissions, and the Kodiak community; and WHEREAS, Sea Grant is a key SWAMC Partner to the federally designated National Institute of Standards and Technology's Manufacturing Extension Program (NIST MEP), distributing up to $500,000 of funding annually and could compromise Alaska's effective management of the NIST MEP program without the services provided by Sea Grant at the KSMSC; and WHEREAS, KSMSC Is a community asset, statutorily directed to provide support and opportunity. -MORE- Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 127 of 146 Board Resolution FY17-04 AGENDA ITEM #13.8.2. Page 2 of 2 NOW BE IT RESOLVED that the Southwest Alaska Municipal Conference Membership strongly supports the Kodiak Seafood and Marine Science Center as a statewide hub for research, training, and technical assistance efforts to support fisheries across the entire state and urges the State of Alaska and University of Alaska to adequately fund this vital center and find a solution that keeps the center operating and stable. PASSED AND ADOPTED by the Southwest Alaska Municipal Conference Membership this 3rd day of March, 2017. IN WITNESS THERETO: Rebecca Skinner, SWAMC President B. Doug Griffin, SWAMC Executive Director Resolution No. FY2017-35 Urging the Legislature To Adopt Hou... Page 128 of 146 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 23. 2017 ASSEMBLY REGULAR MEETING SUBJECT: 'Ordinance No. FY2017-28 Enacting A New Kodiak Island Borough Code Section Within Title 5, Marijuana Businesses, 5.02.005, Local Regulatory Authority, To Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To AS 17.38.210. ORIGINATOR: Dora Cross RECOMMENDATION: To advance Ordinance No. FY2017-28 to public hearing at the next regular meeting. DISCUSSION: This ordinance designates the Kodiak Island Borough Assembly as the local regulatory authority which will permit the Borough to provide input to the State Marijuana Control Board regarding applications for marijuana establishments that, if granted, will be situated within the Borough. ALTERNATIVES: FISCAL IMPACT: Unknown. This Ordinance entitles the Borough to a copy of each application and one half of any application fee paid to the State of Alaska. OTHER INFORMATION: Kodiak Island Borough 'Ordinance No. FY2017-28 Enacting A New Kodiak Island Boroug... Page 129 of 146 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #13.C.1. Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 03/23/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-28 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ENACTING A NEW KODIAK ISLAND BOROUGH CODE SECTION 5.02.005, LOCAL REGULATORY AUTHORITY, TO DESIGNATE THE BOROUGH ASSEMBLY AS THE LOCAL REGULATORY AUTHORITY FOR THE KODIAK ISLAND BOROUGH, PURSUANT TO A.S. 17.38.210. WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has legalized various marijuana -related activities, and authorized the State to regulate and tax such activities; and WHEREAS, AS 17.38.210 authorizes local governments to enact ordinances and regulations governing the time, place, manner, and number of marijuana establishment operations that do not conflict with State law; and WHEREAS, AS 17.38.210 authorizes the Borough to designate a local regulatory authority that is responsible for processing any applications submitted for a registration to operate a marijuana establishment within the Borough; and, WHEREAS, AS 17.38.200 provides that a copy of each application and one half of any application fee paid to the State of Alaska will be forwarded to the applicable local regulatory authority; and, WHEREAS, designating the Kodiak Island Borough Assembly as the local regulatory authority will permit the Borough to provide input to the State Marijuana Control Board regarding applications for marijuana establishments that, if granted, will be situated within the Borough, and to receive one half of the application fees for such marijuana establishments. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Chapter 5.02.005 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 5.02.005 Local regulatory authority. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Page 1 of 2 'Ordinance No. FY2017-28 Enacting A New Kodiak Island Boroug... Page 130 of 146 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 AGENDA ITEM #13.C.1. A. The Kodiak Island Borough Assembly is the local regulatory authority for the regulation of marijuana establishments in all areas of the borough outside of cities as provided by AS 17.38 and any implementing regulations. B. The Assembly is authorized to provide comments to the State of Alaska Marijuana Control Board regarding any application for a license to operate any marijuana establishment within the Kodiak Island Borough, consistent with the standards set forth at AS 17.38 and 3 AAC 306. Effective Date: This ordinance takes effect immediately upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017 KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-27 Page 2 of 2 'Ordinance No. FY2017-28 Enacting A New Kodiak Island Boroug... Page 131 of 146 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH STAFF REPORT Ali MARCH 23. 2017 ASSEMBLY REGULAR MEETING SUBJECT: Appointment To The Prince William Sound Regional Citizens Advisory Council Kodiak Village Mayors Association Seat (Melissa Berns). ORIGINATOR: RECOMMENDATION: Move to confirm the mayoral recommendation of Ms. Melissa Berns to the Prince William Sound Regional Citizens' Advisory Council, Kodiak Village Mayors Association seat for a two year term to expire May 2019. DISCUSSION: The Prince William Sound Regional Citizens Advisory Council (PWS RCAC) requested that the Borough Mayor provide a recommendation of a representative to the Kodiak Village Mayors Association (KVMA) prior to the PWSRAC's annual meeting of May 2017. The individual appointed could potentially have the opportunity to influence decisions having profound implications for oil transportation safety in Alaska for the state's oil spill prevention and response capabilities. The current seat was held by Ms. Berns and she expressed interest serving a second term. In December 2016, we have emailed solicitation letters to the Cities, Villages, and also to the Rural Leadership Forum. The Clerk's Office staff advertised this seat starting in February 2017 with an application deadline date of March 15, 2017. The solicitation letter asked for recommendation for a regular and alternate seat. Aside from Ms. Berns letter, there were no other letters of interest received. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Appointment To The Prince William Sound Regional Citizens Ad... Page 132 of 146 AGENDA ITEM #13.D.1. From: Mel'sU Berns To: Nova lavier Subject: RE: Prince William Sound Sart for the Kodiak Village Mayor's Association Date: Monday, February 06, 20171:33:18 PM Good afternoon Nova, Thank you for contacting me. I have enjoyed my time working with the RCAC and would like to be considered for a second term. Regards, Melissa From: Nova Javier [mailto:njavier@kodlakak.usj Sent: Monday, December 19, 2016 1:01 PM To: Melissa Bems Cc: Roberta Townsend-Vennel Subject: Prince William Sound Seat for the Kodiak Village Mayor's Association Hello Melissa, Happy Holidays) Your seat on the Prince William Sound Regional Advisory Council will expire at the Council's annual in May of 2017. 1 am inquiring if you would be interested in being reappointed to the seat. I am also copying Robbie just in case there are others who may be interested to serve or serve as an alternate. Robbie, Would you run this by the Rural Leadership Forum attendees please. We ask that we be notified of any interest by March 15, 2017. Thank you, Nova Ms. Nova M. Javier, MMC Kodiak Island Borough Clerk AAMC President 710 Mill Bay Road Kodiak, AK 99615 Phone: (907) 486-9310 PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Appointment To The Prince William Sound Regional Citizens Ad... Page 133 of 146 AGENDA ITEM #13.D.1. Disclaimer The Information contained in this communication from the sender Is confidential. It Is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this Information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an Innovator in Software as a Service (Seas) for business. Providing a safer and more useful place for your human generated data. Specializing In; Security, archiving and compliance. To find out more Clirk Here. Appointment To The Prince William Sound Regional Citizens Ad... Page 134 of 146 AGENDA ITEM #13.D.1. , o-` t RCAC `° Regional Citizens Advisory Council / "Citizens promoting environmentally safe operation of the Alyeska terminal and associated rankers." In Anchorage: 3709 Spenard Road / Suite 100 / Anchorage, Alaska 99503 / (907) 277-7222 / FAX (907) 2774523 In Valdez: P.O. Box 3089 / 130 South Meals / Suite 202 / Valdez, Alaska 99686 / (907) 834-5000 / FAX (907) 835-5926 MEMBERS February 14, 2017 Alaska stale Sent via email and USPS mail Chamber of Cmnmerce Dan Rohrer Kodiak Village Mayors' Association Chugad,Alaska 710 Mill Ba Road Caiporafmn y Kodiak, AK 99615 City ofco,dova Dear Borough Mayor Rohrer: City or Homer The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to advise you that Melissa Berns's term on our Board of Directors expires at the upcoming May 4-5, Cly of Kodiak 2017, annual meeting in Valdez. city ofSeldmia The dedicated seat for the Kodiak Village Mayors' Association is its opportunity to Influence decisions having profound implications for oil transportation safety in Alaska, and for the City or sexara state's o0 spill prevention and response capabilities. We greatly value your past participation. Kodiak Village Mayors' Association would best be served by a representative who: City of Valdes Understands her/his community, Its needs, concerns and perspectives; • Has at least a rudimentary familiarity with oil transportation issues; Cly of Whinier Has a home and work schedule flexible enough to allow participation and travel; • Is committed to our mission of promoting environmentally safe operation of the comm.niy of Alyeska terminal and associated tankers; and Chenega say Seeks opportunities to foster cooperative and constructive relationships between citizens, industry and regulatory agencies. Community of Tamlei, A PWSRCAC director can expect to devote an average of 15 hours a month on PWSRCAC business. The full Board conducts three 2 -day meetings in January, May, and September. In Coal.. Doldct addition, annual budget and planning meetings are held, as well as special meetings and Hsheren. united opportunities to participate In committees or work groups. PWSRCAC staff provides support to board members whenever possible. Kenai BonouPld Borough Please notify us in writing, no later than March 28, 2017, of your selected individual For the Kodiak Village Mayors' Association's next two-year term on the PWSRCAC board. Ideally, this Kodiak Island individual will then be expected to attend our May 4-5, 2017, meeting in Valdez for Borough confirmation and participation. if Melissa Berns will continue to be your representative, we ask that you still notify PWSRCAC In writing. Kodiak Village Mayors Association If you have further questions about the PWSRCAC or the responsibilities of its directors, please don't hesitate to call. Thank you for your cooperation, and we look forward to the Oil Will Region Kodiak Village Mayors' Association's continued contribution. Envlronmentol Coalition Sincerely,. Ion Gahanagant cmpomron Prince William Sound Aquaculmm Cc via email: Melissa Berns corporation Appointment To The Prince William Sound Regional Citizens Ad... Page 135 of 146 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 23. 2017 r ` ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of The Assembly Appointments To The Citizens Board Of Equalization (Ms. Carrie Morton And Ms. Cheryl McNeil). ORIGINATOR: Angela MacKenzie RECOMMENDATION: To confirm the Assembly Appointments to the Board of Equalization of Ms. Carrie Morton to the seat expiring December 31, 2019 and Ms. Cheryl McNeil to the Alternate seat expiring December 31, 2019. DISCUSSION: There are currently two vacant seats on the Citizens Board of Equalization (BOE) and both terms are to expire December 31, 2019. The Clerk's office reached out to the incumbents, Ms. Carrie Morton and Ms. Cheryl McNeil and asked if they would be willing to continue their service. Both agreed to continue their service on the board. KIBC 3.35.050 Board of equalization A.1. Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. At least two alternate members shall be appointed. A.5. Hearing Dates. The board shall commence hearings on the first Monday in May, unless otherwise changed by resolution. Hearings will continue from day to day as established by the board and the borough clerk until all properly filed appeals have been heard. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Confirmation Of The Assembly Appointments To The Citizens Bo... Page 136 of 146 °% KOKODIAK ISLAND BOROUGH CITIZENS BOARD OF EQUALIZATION NAME Mark Anderson (Vice Chair) 1124 Stellar Way Kodiak, AK 99615 Paula Laird 410 Hillside Dr. #4 Kodiak, AK 99615 Ed Mahoney 3944 Spruce Cape Road Kodiak, AK 99615 VACANT Since January 2017 John Parker (Chair) PO Box 191 Kodiak, AK 99615 Two Alternates VACANT (Alternate) Since January 2017 TERM HOME WORK CELL PHONE PHONE PHONE 2018 486-3377 486-3215 2017 942-0444 512-2771 2018 486-1968 539-1234 539-1234 2019 2017 486-3084 486-3084 2019 AGENDA ITEM #13.D.2. EMAIL mark.anderson(o)gci.net PaulaL(a)gci.net builder(beci.net toybox(a)gci.net Grant Shields (Alternate) 2017 539-2663 486-4663 FAX grantsCa gci.net PO Box 651 486-5676 Kodiak, AK 99615 KIBC 3.35.050 Members. The board of equalization shall be composed of five (5) persons and two alternates, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 . BILL ROBERTS CLERK, NOVA M. JAVIER ASSESSING DEPARTMENT 710 MILL BAY ROAD ROOM 228 KODIAK, AK 99615 485-9350 broberts0kodiakak.us 4869310 ni.vi.rIskodlakak.us OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD ROOM 234 KODIAK, AK 99615 Revision Date: 3/212017 Revised by: LP Confirmation Of The Assembly Appointments To The Citizens Bo... Page 137 of 146 AGENDA ITEM #13.D.2. Pulled for reference Last application on file Angela MacKenzie From: noreply@civicplus.com Sent: Thursday, January 09, 2014 4:50 PM To: Clerks Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Board of Equalization Designated seat or group representation (if applicable): Full Name: Carrie A. Morton Residence Address: 3434 Spruce Cape Road Mailing Address : P.O. Box 2601 Email Address (This address will be used for correspondence): mortonc(@residentialmt¢.com Home Phone Number (numeric only): 9074868877 Work Number (numeric only): 9074811044 Cell or Fax Number (numeric only): 9075391235 Employer/Occupation: Residential Mortgage, LLC Please provide ONE of the following: Date of Birth or Last 4 digits of SSNN: 2678 Length of residency in Kodiak: 25 years Registered to vote in Kodiak?: Yes Length of Residence in Service Area: Are you currently serving on other Boards, Commissions, or Committees?: Yes If yes, which: Lions Club and Senior Citizens Endowment Organizations you belong to or participate in: Lions Club Elks Explain your main reason for applying: My most recent term expired and I really enjoyed my time serving on the BOE. What background, experience, or expertise will you bring to the board/committee/commission membership?: 23 Years mortgage lending in Kodiak. Are you available for regular meetings?: Yes Confirmation Of The Assembly Appointments To The Citizens Bo... Page 138 of 146 AGENDA ITEM #13.D.2. FOR CLERKS OFFICE STAFF ONLY: Registered Voter of the Borough: Y N Applicant's Residence: Borough City_: Date of Appointment: Term Expires On: Appointment Letter: Roster: Oath of Office: APOC POFD Statement: N/A Attached On File Additional Information: Form submitted on: 1/9/2014 4:50:15 PM Submitted from IP Address: 65.74.80.26 Referrer Page: No Referrer- Direct Link Form Address: htto•//www.kodiakak.us/Forms.aspx?FID=72 2 Confirmation Of The Assembly Appointments To The Citizens Bo... Page 139 of 146 AGENDA ITEM #13.D.2. Pulled for Reference KODIAK ISLAND BOROUGH Last Application on file OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 t% nlavier@kodlakak.us APPLICATION FOR APPOINTMENT TO BOARDS,, COMMITTEES, AND COMMISSIONS Board/Committee/Commission: f 6LlA'L-+.ba�—ion/ Designated seat or group representation (K applicable) : Please be aware that the Information given on your application Is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: Daytime Phone: Residence Address: y4 j 4C5!�T7 W / Evening Phone: 1o7_SL ys Mailing Address: SCell Phone: Email Address: / r�rW, d,rr, Fax Number. Length of Residence In Kodiak: Arn- -Registered to vote in Kodiak? es No Please provide one of the following, Date of irth y9 t� Last 4 digits of SSN# EmployerlOccupation: /fJp141611 �r Organizations you belong to or participate In: Explain your main reason for applying: What background, experience, or expertise will you bring to the hoard/committee/commission membership? AT ��C6- Are you available for regular meetings? —IZ-5—Pwsuant to KI8C 2.100.070(0.6) Other than by expiration of the members lemt, the assembly shall declare a teat vacant when a member misses three consecutively hell regular meetings and Is not excused. 10/ Signature ofApplignt:Date: �3�3 A resume or letter of Interest may be attached, but Is obt required. This application will be kept on Ale for one year. Please be aware that there may be an application deadline. Application deadines, If applicable, era available on the Borough website at www.kodlakek.us aria the Notice orvacancy announcements advertised In the Kodiak DailyWror. rlsGts ... c. -. fMd end LNc ... ' Apptior4'<R!ekkidd 'ab-0lVj city( ) Roster: . °ateorAppokinuil6 Oath ofoltice: OCT 2 3 2013 Term Eypho on: .. APOCPOFoswamartkiachedl )On File( ) BOROUGH CLERICS OFFICE SKA Confirmation Of The Assembly Appointments To The Citizens Bo... Page 140 of 146 TO: Mayor and Assembly AGENDA ITEM #18.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending February 28, 2017 RURAL SCHOOL PLAYGROUND REPLACEMENTS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions. In June and July 2016 staff travelled to all seven sites to meet with community members and get input on what types, styles, colors, etc. of equipment best suits their needs. The equipment is currently in fabrication and is scheduled to be delivered to Kodiak in May 2017. An Invitation to Bid for installation was issued on January 20, 2017. Bids were due on February 16, 2017 and six bids were received. Staff will be recommending the Assembly award a contract to the low bidder, AIM Maintenance, at the regular meeting on March 9, 2017. The low bid exceeds the available budget by approximately $60,000; the Alaska Department of Education and Early Development has agreed to allow redirection of excess funds from the East Elementary Roof project to make up the difference. EAST ELEMENTARY INTERIOR RENOVATION This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. Jensen Yorba Lott completed design for this project, and an Invitation to Bid for Phase 1 was issued on January 25, 2017. Bids were due on February 15, 2017 and three bids were received. Staff will be recommending the Assembly award a contract to the low bidder, Wolverine Supply, at the regular meeting on March 9, 2017. Construction is scheduled for summer 2017. Phase 1 is renovation of existing restrooms and is scheduled for summer 2017. Phase 2 will be hazardous material abatement and installation of new flooring, cabinets, countertops, and doors, and is scheduled for summer 2018. KODIAK MIDDLE SCHOOL FIRE ALARM, CONTROLS, ELEVATOR This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of fire alarm devices, mechanical controls, and elevator controls at Kodiak Middle School. Jensen Yorba Lott completed design for this project, and an Invitation to Bid was issued on January 23, 2017. Bids were due on February 21, 2017, and five bids were received. Staff will be recommending the Assembly award a contract to the low bidder, Wolverine Supply, at the regular meeting on March 9, 2017. Construction is scheduled for summer 2017. FLOORING REPLACEMENT—AKHIOK, KARLUK, OUZINKIE This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring at the schools in Akhiok, Karluk, and Ouzinkie. Jensen Yorba Lott completed February 2017 Project Reports, Change Order Report, And Bond... Page 141 of 146 AGENDA ITEM #18.6.1. design for this project, and an Invitation to Bid was issued on January 17, 2017. Bids were due on February 9, 2017, and five bids were received. Staff will be recommending the Assembly award a contract to the low bidder, ECS Environmental, at the regular meeting on March 9, 2017. Construction is scheduled for summer 2017. BALER BUILDING EXTERIOR IMPROVEMENTS Design has been underway to replace the roof of the Baler Building which leaks badly and has not been replaced since the building was originally constructed. Jensen Yorba Lott (JYL) is working on design for this project. The Architectural/Engineering Review Board reviewed the design documents and questioned the decision to overlay the existing metal roof rather than tear it off and replace it with a new metal roof or insulated panel system. JYL has redesigned the project to include a base bid for a new metal roof and an alternate bid for an insulated panel roofing system. There have also been discussions about replacing the exterior siding at the same time as the roof, depending on availability of funding. JYL is currently working on design for the siding replacement. Once they are complete the decision will be made to bid both the roof and siding as one project, or only proceed with one at this time. CHINIAK TSUNAMI SHELTER Staff has had several meetings with the Chiniak community to discuss the details of a new building to replace the shelter and library lost in the Twin Creeks fire. Jensen Yorba Lott completed a conceptual design that was presented and well received by the Chiniak community. Staff is currently working out the details with the insurance company before proceeding further with design. Construction is tentatively scheduled for summer 2017. LAKE ORBIN FISH PASSAGE In 2014 and 2015 KIB assisted the Kodiak Soil and Water Conservation District (KSWCD) with replacing three culverts leading from Lake Orbin to the Russian River, in order to aid fish passage. KSWCD has received additional funding from the United States Fish and Wildlife Service (USFWS) to replace a culvert under Middle Bay Drive and remove a debris dam at Beaver Lake. KIB is managing the design and construction of this work, in conjunction with both KSWCD and USFWS. Inter-Fluve Inc., a hydrology consultant, has been contracted to produce surveys of the two sites and preliminary design work. Their initial design work is currently under review by USFWS. Costs for this project are reimbursed by USFWS through KSWCSD. MAIN ELEMENTARY WALKWAY The walkway that leads from Powell Avenue to the main entrance at Main Elementary was closed in September 2016 due to concerns about corroding metal decking and concrete. Staff has contracted with PND Engineers, Inc. to provide a design to replace the walkway. PND has provided some design options with different materials than the concrete and metal decking that was previously installed, and staff is currently reviewing these options. Construction is tentatively scheduled for summer 2017. Project Status Report — February 2017 Page 2 February 2017 Project Reports, Change Order Report, And Bond... Page 142 of 146 AGENDA ITEM #18.6.1. February 2017 Project Reports, Change Order Report, And Bond... Page 143 of 146 N V N 00 m N m u V V N LD a m W r -i ri 0 Y a 0 v �n an in o an co W C o a v ry n a s r E v a E d d Q `o a o a o w m oho vi o 06 0 Lri a, m w v� v� Oba N O N 3 3 N w co a ate. m c v m + O w v o E '(f 0) Z3 bi t2 N 3 f0 w 'v 'v E _ Co c ,y m o m CO +� oho m \ v o v' c mo^m� LD W m`o C 2 M w omao m` -13ai y N W ti a a c an o vt o in rn an a m m Q m H Q 00 C a U '8 a C 0 G C O G ' Oi U f0 Y vi ,O� ate+ z E r c u Q v U v v v m C7 E (7 � l7 c Uv c a m c f0 Q 0, c d, c o om c Ea W Ui O`�i v tkoN N N m w Y Ll J February 2017 Project Reports, Change Order Report, And Bond... Page 143 of 146 AGENDA ITEM #98.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending February 28, 2017 Below is a summary of approved change orders for capital projects for February 2017: Baler Building Jensen Yorba Lott. Inc. — Contract 2014-13 Change Order #40 - $27,350.00 Provide design, bidding, and construction administration services for replacement of exterior siding, windows, man doors, and lower roof areas at the Baler Building. Work to be completed on a time and materials basis. This is a change order to term contract 2014-13 for architectural and engineering services. Projects previously completed or currently underway under this contract include Anton Larsen Bay Dock Replacement, Baler Building Roof, Chiniak Tsnunami Shelter, Chiniak OST Replacement, East Roof Replacement, East Interior Renovation, Four School Generators, KMS Bus Canopy Replacement, KMS Concrete Repairs, KMS Fire Alarm, Controls and Elevator, Main Gym and Peterson Flooring, Peterson Boilers and Controls, Port Lions Painting, Village School Flooring, and Womens Bay Emergency Shelter. Change Orders — February 2017 February 2017 Project Reports, Change Order Report, And Bond... Page 144 of 146 L W 7 O m V C m N Y 10 V Y February 2017 Y � Q, O s ell Order RE I port, And Bond... AGENDA ITEM #18.6.9. Page 145 of 146 AGENDA ITEM #18.6.1. February 2017 Project Reports, Change Order Report, And Bond... 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E p 5 v .�-- p m_ m L d CL >_ cn o L CU L c � c E O m NQ cn O cn O N O 0 cu > +� NQ v t6 'O cu E .N cn cn >+ p y 2 O +�+ c cn +'' •— + ' cu_ CD i Jc (n i � � � cn c4 ('".' O cn co 'a O O O Q E Q 2 .Q E N = ca "= ca co I 0 E m cn I' -:- U) N LO LO 0 cm `O cc �t p C R o 0 r to t > Q•� v y) O U > — O ° O. a) _ 3 > ca L 0 O m C a O A N N O m >+ O L O o o O 0 0 O C A O Y Q O. r O C O. - NM O O E V 4tr r L) Q Oo r R um 'a*k O M U �# N ta O O U 0 E m cn N LO LO 0 r M C Q r 40cn .... t t Q•� v � > — c ° 00 o _ M L a `r' m a O A N N O m >+ O L O o o O O C Y Q O. r O C O. - NM O O E V 4tr r L) N 0 E m cn ►� U. Z O U m CD c J H W .. +, u esu Kodiak Island Borough Assembly Regular Meeting Guidelines March 23, 2017, 6:30 p.m., Borough Conference Room PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly members who may be absent due to personal leave. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: Regular meeting minutes of October 6, November 3, December 1 and December 15, 2016; and February 2, February 16, and March 9, 2017; and special meeting minutes of March 2, 2017. # Ordinance No. FY2017-28 Enacting A New Kodiak Island Borough Code Section 5.02.005, Local Regulatory Authority, To Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To AS 17.38.210. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION Kodiak Island Borough Assembly Guidelines March 23, 2017 Page 1 5. APPROVAL OF MINUTES # Regular meeting minutes of October 6, November 3, December 1 and December 15, 2016; and February 2, February 16, and March 9, 2017; and special meeting minutes of March 2, 2017. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 7. AWARDS AND PRESENTATIONS A. Presentation Addressing Issues Relating To The U.S. Navy Training Exercises In The Gulf Of Alaska in 2017. 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-26 Professional Services Agreement With McCarty and Associates For Fisheries Analyst Consulting And Related Services (Joint Contract Of The Kodiak Island Borough And City Of Kodiak With McCarty And Associates Of Juneau, Alaska). Recommended motion: Move to authorize the Manager to execute Contract No. FY2014-26B Amendment #2 to Contract No. FY2014-26 professional services agreement with McCarty and Associates. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines March 23, 2017 Page 2 B. Resolutions 1. Resolution No. FY2017-33 Advocating For The Establishment Of Consistent Communication Between The Kodiak Island Borough And The Kodiak Island Borough Board Of Education For The Purposes Of Effective Governance Of Issues Such As, But Not Limited To, In -Kind Services, Facilities Upkeep And Maintenance, And Various Budgetary Items. Recommended motion: Move to adopt Resolution No. FY2017-33. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2017-35 Urging the Legislature To Adopt House Concurrent Resolution No. 8 To Maintain The Kodiak Seafood And Marine Science Center As An Important Resource In The State. Recommended motion: Move to adopt Resolution No. FY2017-35. Staff Report —Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. * Ordinance No. FY2017-28 Enacting A New Kodiak Island Borough Code Section 5.02.005, Local Regulatory Authority, To Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To AS 17.38.210. Kodiak Island Borough Assembly Guidelines March 23, 2017 Page 3 D. Other Items 1. Appointment To The Prince William Sound Regional Citizens Advisory Council Kodiak Village Mayors Association Seat (Ms. Melissa Berns). Recommended motion: Move to confirm the mayoral recommendation of Ms. Melissa Berns to the Prince William Sound Regional Citizens' Advisory Council, Kodiak Village Mayors Association seat for a two year term to expire May 2019. Assembly discussion. VOICE VOTE ON MOTION. 2. Confirmation Of The Assembly Appointments To The Citizens Board Of Equalization (Ms. Carrie Morton And Ms. Cheryl McNeil). Recommended motion: Move to confirm the Assembly appointments to the Board of Equalization of Ms. Carrie Morton to the seat expiring December 31, 2019 and Ms. Cheryl McNeil to the Alternate seat expiring December 31, 2019. Assembly discussion. VOICE VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Rohrer There will be an Assembly special work session on Wednesday, March 29 at 5:30 p.m. in the borough conference room followed by a special meeting at 7:30 p.m. The next Assembly work session is scheduled on Thursday, March 30 in the borough conference room and the next regular meeting is on Thursday, April 6 in the borough assembly chambers. Kodiak Island Borough Assembly Guidelines March 23, 2017 Page 4 16. EXECUTIVE SESSION A. Strategies In Negotiating The Hospital Lease. Recommended motion: Move to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed strategies in Negotiating the Hospital Lease and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 23, 2017 Page 5 `CJ W W 2 U) J J Q U J J O 2 J m 2 W a 2 0 m O 2 O m a Z Q J in Y a Y a) m 0 ca U m 0 N N m (1) Cc b, a) rz a) C O U a) a) a) N a) a) U a) A V. v v m N o y m c � N � N N m � C'.0 ro v a 0-(D p � ro CC N N X -O N N CL O CD p p ri E N d N U-5 E N `' � p O C C O O O' N N p_ d C L N ` n o. N ro Z m E ca U al 0v E 6- ;a) « O> m O a > a«— s o c � p E N p N Q ` N N "NO o C C .T ° Oo o w'm 2icc2 o z > a1 a) a) (� Z O o � c Y >` E C o >, ) m O m `0 ca LL O LLJ J « 0 P U U J U m m F- > (j Z Fa- y o °. W m U) ¢ O F- > w m 0 'L Cl. w N O W .0 W } \\ ? > ` > \ ] 2 O ro p T Ly Z 3 °U) p a�i E a c o U Z U.o m N Ir vU E CO rn F- cca > o. w o m N :"O> 0O LL O a W> Z E w ` \ s, cu Vi) C= �`', 3 c ro , E C D ~p p o Q O U U (n H > LL. 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O o c y of a) V �i 0 3 U c E H> 0 U �' ¢ 0 0 0 U m � rn U I— E E > co fj z Q U w x y a o w } F O 3 xa) O d a1 O m p �/ U U Y E U) >, U) 0 F>¢ m O J H c a cc o T m U) U O- ox ro O zO 0, W o 0 uj N > W U W U` o C ca E `o p a) 7 7 3 7 0 O T m N O E_ of O a U E F U G� U � H> H co m m 0 � o m C � m 0' N N m o `o_ o Lr)CD v 0. m N N 0 d N is Cr N p a C v ro C C N m � � X E a) CL— EO o ui .E E m d u N vS E ro 2 `0 0 C 0 C N o CT N y CL CL CL� d N ZN E UN a 0 o E 5 E r > (a v 0 `o o` c -iF 0 0 E O N Q ro N N-0 o C c •- 4 o `0 o Q 'm >CC � KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: Please PRINT your name Please PRINT your name 7,31 P4 pvz Rax,x fFas f U View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Regular Meeting Of March 23, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, April 6, 2017, At 6:30 P.M. In The Borough Assembly Chambers. RECEIVED A Presentation Addressing Issues Relating To The U.S. Navy Training Exercises In The Gulf Of Alaska In 2017 From The Eyak Preservation Council And Sun’aq Tribe of Kodiak. AUTHORIZED The Borough Manager To Execute Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-26 Professional Services Agreement With McCarty And Associates For Fisheries Analyst Consulting And Related Services (Joint Contract Of The Kodiak Island Borough And City Of Kodiak With McCarty And Associates Of Juneau, Alaska). ADOPTED Resolution No. FY2017-33 Advocating For The Establishment Of Consistent Communication Between The Kodiak Island Borough And The Kodiak Island Borough Board Of Education For The Purposes Of Effective Governance Of Issues Such As, But Not Limited To, In-Kind Services, Facilities Upkeep And Maintenance, And Various Budgetary Items. ADOPTED Resolution No. FY2017-35 Urging The Legislature To Adopt House Concurrent Resolution No. 8 To Maintain The Kodiak Seafood And Marine Science Center As An Important Resource In The State. ADVANCED Ordinance No. FY2017-28 Enacting A New Kodiak Island Borough Code Section Within Title 5, Marijuana Businesses, 5.02.005, Local Regulatory Authority, To Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To AS 17.38.210 To Public Hearing At The Next Regular Meeting Of The Assembly. CONFIRMED The Mayoral Recommendation Of Ms. Melissa Berns To The Prince William Sound Regional Citizens' Advisory Council, Kodiak Village Mayors Association Seat For A Two Year Term To Expire May 2019. CONFIRMED The Assembly Appointments To The Board Of Equalization Of Ms. Carrie Morton To The Seat Expiring December 31, 2019 And Ms. Cheryl McNeil To The Alternate Seat Expiring December 31, 2019. CONVENED Into Executive Session To Discuss Strategies In Negotiating The Hospital Lease, A Subject Matter That The Immediate Public Knowledge Of Which Would Tend To Affect Adversely The Finances Of The Borough, INVITED The Borough Mayor, Assembly, Manager, Finance Director, And Clerk’s Office Staff Into Executive Session; And ANNOUNCED That No Action Is To Be Taken As A Result Of The Executive Session. Vol. FY2017, No. 23 March 24, 2017 Kodiak Island Borough Assembly Newsletter