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.
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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
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FINAL date
MOA between ADOT&PF and
the Kodiak Island Borough
Otmeloi Way Rehabilitation and Transfer
12
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FINAL date
MOA between ADOT&PF and
the Kodiak Island Borough
Otmeloi Way Rehabilitation and Transfer
13
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FINAL date
MOA between ADOT&PF and
the Kodiak Island Borough
Otmeloi Way Rehabilitation and Transfer
14
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FINAL date
MOA between ADOT&PF and
the Kodiak Island Borough
Otmeloi Way Rehabilitation and Transfer
15
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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
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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