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2018-08-28 Special MeetingKodiak Island Borough Assembly Special Meeting Agenda Tuesday, August 28, 2018, 6:30 p.m. ASSEMBLY CHAMBERS This special meeting was called by Assembly Members Kavanaugh, Symmons, and Van Daele. 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Waiving of the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska. 4. ADJOURNMENT Visit our website atwww_tacebook;com/Kodiakislandborouoh © @KodiakBorough www.kodiakak.us Kodiak Island Borough Assembly Special Meeting Guidelines August 28, 2018, 6:30 p.m., Borough Assembly Chambers 1. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member who is absent due to personal leave. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Waiving of the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska Recommended motion: Move to waive the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska. Staff Report – Manager Powers. Assembly discussion. If the Assembly wishes to convene into executive session, the recommended motion is: Move to convene an executive session to receive privileged legal advice from the Borough Attorney regarding the waiver of privilege as it relates to the Borough's legal strategy for compelling Alaska Aerospace Corporation's compliance with Borough land use ordinances regarding the Pacific Spaceport Complex — Alaska. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, Borough Attorney, Borough Manager, CDD Acting Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 28, 2018 Page 1 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 received privileged legal advice from the Borough Attorney regarding the waiver of privilege as it relates to the Borough's legal strategy for compelling Alaska Aerospace Corporation's compliance with Borough land use ordinances regarding the Pacific Spaceport Complex — Alaska. • 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. ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. ROLL CALL VOTE ON THE MOTION TO "WAIVE CONFIDENTIALITY" MOTION. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 28, 2018 Page 2 To: the Kodiak Island Borough Assembly, Mayor and Manager, 8/28/18 Good Evening, 1 am happy to see your interest in the Alaska Aerospace Co. development at Narrow Cape and that you are pursuing legal opinion on what your options are for enforcing your own codes and leverage on what they are doing to the best and largest piece of public land on our road system. I have written you many times before about my concerns that the public is losing access to the most popular recreation area on our road system by the unregulated expansion of the rocket launch facility. And, I am puzzled that it has taken you this long to step up and take an interest in what is your responsibility to protect. Right now, there are so many fences, so much barbed wire, no- trespassing signs, new buildings, new gates, un -used launch pads and new roads out there that one has to run the gauntlet through these things just to make their way to Fossil Beach if they don't turn back by sheer intimidation. The waste of taxpayer's money thrown at this development is deplorable including a huge new "temporary" housing facility for the Israeli Military that sits idle for how long costing additional taxpayer's money each day to maintain. They were scheduled to launch experimental interceptors this summer from a new launch pad built especially for them and they never showed up. Some more recent news from a transcript of an AAC Board of Directors meeting is particularly troubling. It was revealed that they were in negotiations with a new customer that wants to build their own launch facility on the very end of Narrow Cape and sublease the "public" land from the AAC who is already leasing the land from the State of Alaska. How can this possibly happen? If it does, the public will lose even more access to that whole area that has well-established public use including hiking trails, and whale watching during Kodiak Whale Fest, an annual celebration established in 1995 before the development of the rocket launch facility. Narrow Cape is regarded as one of the best places in North America to view the migration of Gray Whales on their northern journey. Each spring, locals and tourists flock out there to stand on the high cliffs and watch the whales swim by. A popular hiking trail that is published in the Audubon Hiking and Birding Guide leads clear around the cape on the 5 -mile hike that is unique on our road system and greatly coveted by the public. The Kodiak Audubon Society published their popular Hiking and Birding Guide 20 years ago that shows trails and other public use areas at Narrow Cape. Why aren't the public's interests taken into consideration in the planning of yet more development that will harm and pollute the environment in addition to obstructing the freedom of enjoyment of these wondrous natural resources by the public on their own public land? Clearly our interests are not being protected and 1 hope you will step up and rein in or stop the development out there. You are the only governmental body that can do that and you have the codes in place. just PLEASE enforce them. It is your duty. Sincerely, Stacy Studebaker August 27, 2018 Mayor Rohrer, Assembly Members, Borough Manager: I am unable to attend tonight's special meeting due to a medical appointment in Anchorage. The Alaska Aerospace Corporation in its early years consistently assured us that the footprint of the Pacific Spaceport Complex Alaska would be small. If you have driven out to the facility in recent months, you know that this is not true. There are now at least five separate launch pads out there with more being proposed, including one on the far side of Fossil Beach up on Narrow Cape itself. In its early years, AAC also assured the community that they would conform to Borough Land Use Ordinances even though they believed that as a state entity they are exempt from those ordinances. I believe that they actually did apply for a Conditional Use Permit in the 1990s. You now have a legal opinion Regarding Legal Strategies for Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex Alaska. This opinion should be made public. The community deserves to know exactly how much control the Borough can exert over the rampant industrial development that is rapidly overtaking one of the largest areas of recreational public land accessible on the road system. If, however, the Assembly feels that making the opinion public could damage their efforts to initiate legal action against AAC, I would support keeping it confidential. If you do not want to alert AAC as to possible legal actions by the KIB, then you are justified in keeping it confidential so long as you follow through with those actions. AAC has chosen to allow launches to be scheduled on weekends, thus blocking public access to Fossil Beach and Narrow Cape during the days of highest use, proving their total disregard for our community. It is time for the Kodiak Island Borough to do everything in its power to reign in this unrestricted development. How many launch pads does a facility that has averaged less than one launch per year actually need? How long will empty "temporary" housing that is reportedly exempt from our building codes be allowed to remain in place? Publish the legal opinion so we know what, if any, power we have to preserve the recreational uses of Narrow Cape. Pursue all legal means to allow for public input on land use issues at Narrow Cape related to the Launch Facility. Thank you. Mike Sirofchuck Kodiak KODIAK ISLAND BOROUGH Meeting Type: A550116 t( SPP -da Mee;N4% Date: ogle lg Please PRINT your name legibly Please PRINT your name legibly C"?u�, OIAAAOLiE r ti^bLC-y Macai�/T"as-ft View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2019, No. 6 August 29, 2018 At Its Special Meeting Of August 28, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, September 06, 2018, At 6:30 p.m. In The Borough Assembly Chambers. POSTPONED THE DECISION ON WAIVING The Confidentiality Of The Attorney-Client Privileged Legal Opinion Relating To Compelling Alaska Aerospace Corporation To Comply With Borough Land Use Ordinances With Respect To Its Development Of The Pacific Spaceport Complex – Alaska To The September 20, 2018 Regular Meeting Of The Assembly.