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2019-04-11 Work Session 17(b) EASEMENTS AGENDA ITEM #2.a. What are 17(b) Easements? Access routes reserved to the United States for the primary purpose of ƦƩƚǝźķźƓŭ ƦǒĬƌźĭ ğĭĭĻƭƭ ğĭƩƚƭƭ ƚƩ ŅğĭźƌźƷğƷźƓŭ ğĭĭĻƭƭ across ANCSA conveyed land to reach publicly owned lands AGENDA ITEM #2.a. and major waterways. 43 U.S.C. 1616(b) & 43 CFR 2650.4-7 How Were 17(b) Easements Created? AGENDA ITEM #2.a. What 17(b) Easements Are Not: Access to private/corporation land. Long-term campgrounds. Long-term parking lots. Depending on the type of easement, most do not permit even stopping on the easement. AGENDA ITEM #2.a. 25-FOOT TRAIL50-FOOT TRAIL 25-feet wide50-feet wide Point A to Point B access only Point A to Point B access only (no stopping)(no stopping) Travel permitted by:All 25-foot trail uses PLUS: FootLarge all-lbs gross weight) Dogsleds Tracked vehicles Animals AGENDA ITEM #2.a. Four-wheel drive Snowmobiles 2-& 3-wheeled off-highway vehicles Small all-lbs gross weight*) 60-FOOT ROAD1-ACRE SITE 60-feet wideActivities Permitted: Vehicle parking (aircrafts, boats, Point A to Point B access only all-terrain vehicles, snowmobiles, (no stopping) cars, and trucks) All 25-& 50-foot trail uses PLUS: Temporary camping Automobiles Temporary loading & unloading AGENDA ITEM #2.a. Trucks Temporary ƌźƒźƷĻķ Ʒƚ ЋЍ ŷƚǒƩƭ Activities NEVER permitted without Hunting Fishing AGENDA ITEM #2.a. Trapping Are 17(b) Easements Permanent? Vacated/Terminated BLM is solely responsible for Only by BLM taking actions such as Easement no longer necessary identifying, reserving, and Public notice & comment conforming easements to required of termination boundary surveys, conforming Acts of Nature easements to easement Wiped out agreements, record keeping, Access no longer feasible AGENDA ITEM #2.a. title affirmation, terminating, Relocated processing, and accepting Landowner must agree donations on all 17(b) easements. EASEMENTS ACROSS LEISNOI LAND Multiple easements across or on Leisnoi land. All-types of easements. Leisnoi honorsexisting easements. Trespass issues have and continue to occur. AGENDA ITEM #2.a. Working with BLM to resolve location & marking issues. AGENDA ITEM #2.a. AGENDA ITEM #2.a. AGENDA ITEM #2.a. AGENDA ITEM #2.a. AGENDA ITEM #2.a. AGENDA ITEM #2.a. AGENDA ITEM #2.a. RESOURCES: Questions? Bureau of Land Management www.blm.gov/ak (907)271-5960 QUYANAASINAQ Dept. of Natural Resources www.dnr.state.ak.us (907)269-8400 Koniag, Inc. www.koniag.com (907) 486-2530 AGENDA ITEM #2.a. AGENDA ITEM #2.b. AGENDA ITEM #2.b. Commented \[SF1\]: Its not clear how much has been expended and how much remains. It would be good to clarify whether the initial work referenced is part of the contemplated project budget. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 1 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 2 AGENDA ITEM #2.b. Commented \[SF2\]: It is a policy decision as whether KIB is willing to assume this risk. It is suggested that a revision to Part III.C be revised to include a statement that any obligation in this MOA requiring expenditure of funds by the Borough is subject to the availability of funds lawfully appropriated for that purpose. (This is also noted below at Part III.C.) The Borough may also wish to request a provision stating that if the state redirects or withdraws the $3.3 million, the Borough would have the option to terminate the agreement without further liability. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 3 AGENDA ITEM #2.b. Commented \[SF3\]: This authorization to proceed will act as a commitment to the remaining terms of the agreement. Nothing to change here, it is just highlighted to convey the impact of the written authorization. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 4 AGENDA ITEM #2.b. Commented \[SF4\]: Should the Borough request language stating that any obligation in this MOA requiring expenditure of funds by the Borough is subject to the availability of funds lawfully appropriated for that purpose? Commented \[SF5\]: This includes responses to change order requests (Section III(C)(4) and responses to other requests (Section III(C)(7). Commented \[SF6\]: Ask Scott to provide a more clear conveyance of this clauses intent. Commented \[SF7\]: Maintenance must be done to federal standards (23 CFR 1.27). Commented \[SF8\]: If money is not appropriated in advance, it may be impossible to meet the deadline and the Borough would be responsible for delay costs. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 5 AGENDA ITEM #2.b. Commented \[SF9\]: Add statement that the acceptance of ownership is also not a waiver of any claim for defective work. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 6 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 7 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 8 AGENDA ITEM #2.b. Commented \[SF10\]: Insure that the Boroughs insurance covers this risk. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 9 AGENDA ITEM #2.b. Commented \[SF11\]: Should a clause be added to protect the Borough in the event that the state redirects the appropriated funds for the project? (This is strongly recommended by legal counsel.) FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 10 AGENDA ITEM #2.b. l FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 11 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 12 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 13 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 14 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 15 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 16 AGENDA ITEM #2.b. FINAL date MOA between ADOT&PF and the Kodiak Island Borough Otmeloi Way Rehabilitation and Transfer 17 Kodiak Island Borough Landfill AGENDA ITEM #2.c. April 2019 UPDATE Recent Completed Projects Annual Rebuild of the Baler Assembly In House Staff Successfully Completed Loose Fill for 30 days Accommodate Roof Installed two new MBR Filter Cassettes Successfully processed and reduced leachate volume to stop ADEC NOV AGENDA ITEM #2.c. Drained Train 1 for inspection and system maintenance Removed one fouled MBR Filter and frame Current Projects Underway or In Design Baler Building Exterior Siding and Roof 80% Complete Remove / Replace UST at Baler Tank Removed / PCS Treatment Pending Install New Septic at Baler Additional Treatment at LTP Softening System or Aeration of Lagoon AGENDA ITEM #2.c. Scale Shack Replacement Scale Software and Camera Install New Insulated Panels AGENDA ITEM #2.c. Replacing Panels and Insulation AGENDA ITEM #2.c. ADEC Interaction ADEC Current Discussion to allow storage and treatment of PCS currently at the Middle School and Landfill KIB Materials Only ADEC Current Discussion to allow Aeration of Lagoon Continued Reporting regarding recent NOV from discharge. Nearing the end of Mercury Monitoring Project -Incinerator AGENDA ITEM #2.c. Pending Items Train New Staff Procure 2 Additional MBR Filter Cassettes New Haz Mat Sheds Critical Spare Procurement Discussion Interior Remodel and Upgrade Baler Facility AGENDA ITEM #2.c. Replace Depreciated Equipment Increase Hazardous Materials Consolidation/Disposal Frequency Leachate Lagoon During NOV AGENDA ITEM #2.c. Rain Sheet Collecting Storm Water AGENDA ITEM #2.c. Original Installation AGENDA ITEM #2.c. MBR Cassette Z-Weed Filters AGENDA ITEM #2.c. Calcification of Filter Membranes and Steel Frame AGENDA ITEM #2.c. Cassette Bottom Header and Fibers AGENDA ITEM #2.c. Diffuser Piping and Air Headers AGENDA ITEM #2.c. FUND 530 FY 2019 Projections for FY 2020 Budget Jul 18 -Feb 19Avg/MonthMar 19-Jun 20FY20 Total5% Incr Customer$ 730,773 $ 91,347 $ 365,386 $ 1,096,159 $ 1,150,967 AK Waste$ 1,965,540 $ 245,693 $ 982,770 $ 2,948,311 $ 3,095,726 USCG$ 237,087 $ 29,636 $ 118,543 $ 355,630 $ 373,412 W. Scrn.$ 15,052 $ 1,882 $ 7,526 $ 22,578 $ 23,707 Metals$ 25,188 $ 3,149 $ 12,594 $ 37,782 $ 39,671 AGENDA ITEM #2.c. Other Income (Interest,PERS)$ 137,711 $ 137,711 $ 2,973,640 $ 1,486,819 $ 4,598,171 $ 4,683,483 AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #2.d. AGENDA ITEM #4.a. CLERK’S OFFICE UPDATE Staffing Update Discover Kodiak Tour of Facilities Training Upcoming meetings AGENDA ITEM #3.a. Managers Report Michael Powers ICMA CM April 11, 2019 Activities Budgets-reviewed current state of legislation regarding the budget with our lobbyist, reviewed various news articles and interviews. Worked with staff regarding potential budget scenarios. Worked on Managers Budget. Followed up on PERS issues related to potential reductions in force. Staffing-working with staff on various recruitments. Met with shop steward to discuss a couple of issues. Emergency Management-participating in Alaska Shield exercise. Had a property owner apply for the rebate on buying borough land. Discussed with staff various issues at the landfill including the status of work at the bailer building, scale issues (20 lbs. increments), leachate issues and staffing. Held staff meeting, discussed various issues including agendas, staffing and budgets. Met with a couple of residents, both interested in potentially serving on Borough Committees Upcoming Participating in Alaska Shield. Good evening, I am Judy Aaron, Chiniak resident. I want to thank the Assembly for this opportunity to speak and I would also like to thank the Leisnoi representatives for joining us this evening. I wish to make a few remarks about the access to Leisnoi land out in Chiniak. In the last three years we have seen many points of entry blocked off by the Leisnoi corporation. Some of those blocks are to destinations of historical value and some are to places of recreation and subsistence use. Having easements to access these sites is incredibly important to us and anyone that visits Kodiak. It is critical that handicap persons, families with small children and the elderly are able to visit these points of interest. It would be a great value to the community to have all easements properly marked and open. I hope that the Leisnoi Corporation, the Kodiak Borough and the BLM can work together to find a solution that meets everyone's needs. Just think what could be accomplished if the Leisnoi Corporation and the residents of Chiniak/Kodiak could team up together to be good stewards of the land. Chiniak residents, in particular, work hard to keep our surrounding area clean and desirable to live in. This includes groups of residents walking local beaches and campgrounds picking up litter and monitoring land use. By making access to these areas more difficult or not possible at all, does not help to support local litter removal efforts by residents and others groups. Mcluk_rEefl �G\ ,,\ UA First of all thank you assembly members for all your service, time and willingness to make Kodiak a better place to live! You are appreciated! big and growing problem, BLM has been contacted and most easements are defined, but unmarked (BLM has said they don't have the funding to come to Kodiak to ma4he easements), while other easements are vague and it's unknown exactly where the easement is, such as the easement at Chiniak Creek. Where the BLM easement sign was originally posted it allowed access to a well -used camping area and gill net beach. BLM got back to me, nearly 3 years ago, and said they were going to meet with Leisnoi (Leisnoi feels the easement should be before the creek) to try to come to an agreement because their charts had the easement marked in a vague 5 acrea area at Chiniak creek, while the easement should be charted as one acre, so BLM and Leisnoi needed to agree where the easement is. Mr. Bitner, with BLM is no longer with BLM and nothing was ever accomplished that we know of. Now that easement marker sign just past Chiniak creek is gone and huge stumps line the access. This blocked the camping area, mostly used by mal campers and picnicers from town as well as off island visitors. The stumps also blocked the access to the beach where many people have subsistence fished for decades. I talked to Leisnoi patrol guys and called Jana when the access was blocked, she explained that this was blocked because recreptional vehicles were tearing up the land. I did explain that anothe r ' (since it was trenched out) was already made, making for more trails, and this is defeating the purpose, more trails are being made any time new ditches and blockages happen, this is tearing up the land even more, the blockages and trenches have proved to be counter-productive! People from town trailer out their 4 wheelers and side by sides by the dozens every week, it is not just Chiniak residents using these areas and making the trails. What jxW needs to happen is BLM, city, borough and state government, island trails and whoever else that has the knowledge and authority, get together and make a detailed map laying out the public access and 17B easements. Another big issue is, by what I understand all the old military roads are open for public use, last summer the road up to bunker hill (a military road) was trenched so vehicles can no longer access bunker hill. This is a big problem, tourists are asking how to get to bunker hill. Some that have asked are elders and unable to hike, they said they read about road access to bunker hill as a tourist attraction in our local Chamber of Commerce or Visitors Bureau fliers. This piece of military history and awesome view needs to be kept accessible! Is it possible for the Kodiak Island Borough to plead to the State of Alaska to purchase from Leisnoi the access lands that are not easements? Such as the small strips of land with access to Roslyn, Twin Creeks, Silver and Chiniak/Long Beaches? Or would Leisnoi consider donating these small strips of land near the beaches for the good of everyone? The beaches and awesome recreational opportunities are the reasons we o ��. ) i d(ZUL live%, if this continues everyone will have to skiff from town to access any of our Kalsin and Chiniak beaches, as it is everyone must purchase a permit to get to theseinasWul beaches. I hope we can all work together to keep our island beaches and streams accessable. Thank you Remarks to the Kodiak Island Borough Assembly —Working Session April 11, 2019 M Peter T. Hanley My name is Peter Hanley and I reside at 36795 Chiniak Highway. Thank you for this opportunity to comment. First I will like to commend the Kodiak Island Borough, Leisnoi Corporation and Great Land Trust in the recent agreement to conserve most of the land on Long Island. This will benefit all the people of the Kodiak Island Borough providing a new park and recreation opportunities. This follows the equally important conservation agreement for Termination Point. Another important land use issue you will here from tonight relates to 17b easements which are very important to the residents of Kodiak for access and recreation along the Kodiak road system. Tonight you will here from Jana Turvey of Leisnoi about their perspective on these easements which have been the subject of concerns for many Chiniak residents. Those concerns have been made to both this Assembly and the Bureau of Land Management, the federal agency under ANCSA responsible for management of 17b easements. I will save my comments on Leisnoi's presentation tonight for a future public comment opportunity, which I hope the Borough will offer, once I have benefited from Leisnoi's presentation and Assembly questions. It is important that the Leisnoi presentation should be the start of a process and dialogue among concerned parties including the residents of Chiniak and the BLM. I hope the Assembly will invite a representative from BLM to address the Assembly to discuss 17b easement management and state what the agency is doing to address public concerns. The Assembly should also request that the agency conduct field visits to resolve any ambiguities in 17b easement locations and assess current conditions. For Leisnoi's part, I understand that Ms. Turvey plans a visit to meet with Chiniak residents to discuss reforestation efforts and 17b easements perhaps as early as May which would be appreciated. Thank you for this opportunity to address the Assembly