The URL can be used to link to this page

2020-01-16 Regular Meeting 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 16, 2020, 6:30 p.m., Assembly Chambers Page 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 - 11 A. *Regular Meeting Minutes Of December 19, 2019 2019-12-19 RM 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 12 A. Stalking Awareness Month Proclamation STALKING AWARENESS 2020 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT Page 1 of 53 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13 - 22 A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. Output Document (AS - 1099) - Pdf 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 13.C. Ordinances for Introduction 23 - 29 1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. Output Document (AS - 1106) - Pdf 13.D. Other Items 1. * Releasing Prior Memos Regarding The Process For Loans Or Grants From The Facilities Fund: • 1994 Jamin, Ebell, Bolger, & Gentry • 2012 Wohlforth, Brecht, Cartledge and Brooking • 2014 Levesque Law Group, LLC 30 - 31 2. * Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Borough Invite to Dunleavy 32 - 33 3. * Public Comment Letter Regarding Humpback Whale Critical Habitat Designation Public Comment Letter for Humpback Whale Critical Habitat Designation 34 - 38 4. *Confirmation of Mayoral Appointment to the Parks and Page 2 of 53 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.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Recreation Committee (Mr. Jordan) PARKS AND REC 2020-01-09 Jordan 39 - 40 5. *Confirmation of Mayoral Appointment to the Planning and Zoning Commission City Seat (Ms. Harrington) PLANNING & ZONING 2020-01-10 Harrington 41 - 43 6. *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board Construction Business Representative Seat (Mr. Hogen) SWAB 2020-01-06 Hogen 44 - 46 7. *Declaring A Seat Vacant On The Architectural / Engineering Review Board (Mr. Steven Neff). ARB Roster 2019-12-18 Neff Resignation 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.B. Reports 47 - 53 1. December Projects Reports December 2019 Projects Report Page 3 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 1 of 8 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 19, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on December 19, 2019 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes Of December 5, 2019 were approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizen’s comments: Major Dave Davis Duncan Fields Kent Cross AWARDS AND PRESENTATIONS Assembly received a presentation from Executive Director, Aimee Williams from Discover Kodiak. Assembly received a presentation from Community Outreach Coordinator for Prince William Sound Regional Citizens’ Advisory Council (PWSRCAC), Betsi Oliver - PWSRCAC Regarding Notice of Public Scoping: Alaska Department of Environmental Conservation Oil Discharge Prevention and Contingency Plan Requirements. Assembly received a presentation from Bayside Fire Department Chief, Chief Howard S. Rue III, EFO. COMMITTEE REPORTS Assembly Member James Turner gave an update on the Consolidation Committee and Providence Health System Service Area Board. Assembly Member Skinner gave an update on Fisheries Workgroup. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 4 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 2 of 8 Assembly Member Dvorak gave an update on the Solid Waste Advisory Board. PUBLIC HEARING Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. DVORAK moved to adopt Ordinance No. FY2020-11 the Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS None. Mayor Roberts closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. Arndt moved to adopt Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. The objective of this ordinance is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent". Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS None. Mayor Roberts closed the public hearing and convened the regular meeting. Skinner Moved to amend Section 1 to read: This ordinance is of a general and limited nature and shall become a part of the Kodiak Island Borough Code of Ordinances and shall sunset on June 30, 2020. ROLL CALL VOTE ON MOTION TO AMEND SECTION 1 FAILED THREE TO FOUR: Kavanaugh, Skinner, Symmons (AYES); Dvorak, Schroeder, Turner, and Arndt (NOES). ARNDT moved to amend line 42 striking “to the Exxon Valdez Oil Spill Trustee Council.” AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 5 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 3 of 8 ROLL CALL VOTE ON MOTION TO AMEND LINE 42 CARRIED SIX TO ONE: Kavanaugh, Schroeder, Symmons, Turner, Arndt, Dvorak (AYES); Skinner (NO). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner (NO), Symmons, Turner, Arndt, Dvorak, and Kavanaugh. BOROUGH MANAGER’S REPORT Met the new Alaska Waste Manager for Kodiak. Followed up on removal of 2 trees identified as potential problems. Assisted Bayside Fire for their Annual Dinner. Met with local, state and federal officials regarding Saltery trail project. Worked on recipient, administration and timing. Met with staff and conversed with the Borough Attorney on several personnel matters. Met with KIBSD, staff and architect on various school projects including the Auxiliary Gym. Met with Department Heads regarding upcoming budgets. Talked with Jana Turvey, Leisnoi, regarding “17B” easements. Attended Agenda Setting and worked through upcoming agendas and other issues. Reviewed Governor’s Budget and discussed impacts with our lobbyist and KIBSD. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts spoke about holiday festivities. UNFINISHED BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer (DPO). Assembly Member Kavanaugh nominated Assembly Member Skinner as DPO. Assembly Member Turner nominated Assembly Member Arndt as DPO. Assembly Member Skinner received a majority vote of the Assembly and was elected DPO. NEW BUSINESS Contracts 1. Contract No. FY 2020-12 for a 4-year contract with Eurofins d/b/a Test America for Landfill Analytical Services. ARNDT moved to Approve Contract FY 2020-12 with Test America Kodiak Island Borough Facilities Landfill Analytical Services Contract. This contract is for laboratory services provided to Kodiak Island Borough Landfill. These services include sampling that is required for various permits and Alaska state regulations. Samples must be analyzed at a laboratory that is certified by ADEC or an approved National Environmental Laboratory Accreditation Program (NELAP) certified laboratory. Approved laboratories have established that they have the ability to implement a quality control program in accordance with the appropriate federal or state regulations or statutes. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 6 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 4 of 8 The Landfill Analytical Services Contract is currently with ARS Analytica which is due to expire December 31, 2019. The Kodiak Island Borough Engineering & Facilities Department (KIB EF Dept.) went out to bid for a new Landfill Analytical Services Contract on October 4, 2019 and was open/advertised until November 1, 2019. During that time, we only received two full bid packages; one from Eurofins d/b/a Test America and one from SGS North America, which are both certified/approved laboratories. Eurofins total bid came to $250,623.00 for the entire 4-year contract. SGS North America total bid came to $375,100.00 for the entire 4-year contract. KIB EF Dept. reviewed both bids with JACOBS (CH2M Hill) consultants to make sure both bids were complete and addressed our compliance needs with ADEC. This contract is scheduled to begin on January 1, 2020. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. 2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the KIBSD Auxiliary Gymnasium ARNDT moved to authorize the Manager to Execute Change Order No. 5 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $50,884. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the KIBSD Auxiliary Gym project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD is going to manage the design and construction process for this project but will be paying for the design costs through the Borough's term contract with Jensen Yorba Wall. ROLL CALL VOTE ON MOTION CARRIED: Symmons, Turner, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the North Star Elementary Siding Project. DVORAK moved to authorize the Manager to Execute Change Order No. 6 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $53,031. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the North Star Elementary Siding Phase 1 project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD will be providing funding for this project through their available fund balance. KIB is going to manage the design and construction process. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 7 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 5 of 8 The scope of this project is removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The siding and windows around the whole school are also experiencing deterioration, but due to schedule concerns Phase 1 of this project is focused on completing the gym exterior in summer 2020. This design change order includes schematic level design and a cost estimate for replacing siding and/or windows around the balance of school which would be considered Phase 2. Phase 2 work would occur in summer 2021 at the earliest. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. Resolutions 1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Borough School District for Major Maintenance and Construction Projects. ARNDT moved to adopt Resolution No. FY2020-17 for the MOA for Major Maintenance and Construction Projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. 2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project. ARNDT moved to adopt Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroder, Skinner, Symmons, Turner, and Arndt. Ordinances For Introduction 1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ARNDT moved to advance Ordinance No. FY 2020-12 version 1 to public hearing. After the last regular meeting on August 15th, the Clerk’s Office was asked to research the current Borough policy on Assembly member attendance. Specifically: • If Assembly members could be “excused” if they missed a meeting for work purposes • If there was anything in the code defining good cause or giving guidance/criteria in regard to when the Assembly should excuse an absence or not • Are there legal opinions on what constitutes a “meeting” for purposes of determining if an Assembly member has missed half of the meetings in a one-year period AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 8 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 6 of 8 After reading the KIB code and consulting with the former Borough Clerk and the Borough’s lawyer, Scott Brandt-Erichsen, I have come to the following conclusions: here are currently no criteria defining good cause or giving guidance in regard to Assembly member absences. KIB code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, 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. KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. • There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members’ absences from meetings which was reinterpreted by our lawyer, Scott Brandt- Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough’s possession and only the minutes and packets are available for interpretation. Mr. Brandt-Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt-Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. Regarding the excused versus unexcused issue, Mr. Brandt-Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. SKINNER moved to amend by substituting version 2. DVORAK moved to postpone Ordinance NO. FY2020-12 to the next Assembly Regular Meeting of January 16, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO TWO: Kavanaugh, Schroeder, Skinner, Symmons, and Dvorak (AYES); Turner and Arndt (NOES). Other Items 1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kodiak's Historical Salmon Fishery. SKINNER moved to approve a letter of support for Kodiak Salmon Workgroup Advocacy to maintain Kodiak’s historical salmon fishery. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. CITIZENS' COMMENTS AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 9 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 7 of 8 The following spoke under citizens’ comments: Kent Cross Ron Kavanaugh ASSEMBLY MEMBERS' COMMENTS Assembly Member Arndt wished everyone a Merry Christmas and Happy New Year. Assembly Member Dvorak wished everyone happy holidays and praised Chief Rue. Assembly Member Turner wished everyone happy holidays and thanked chief Rue. Assembly Member Schroeder thanked everyone for attending meeting and wished a happy holiday to all. Assembly Member Skinner thanked Chief Rue. Assembly Member Kavanaugh wished happy holidays. Assembly Member Symmons thanked Chief Rue. Announcements The next Assembly work session is scheduled for Thursday, January 9th, at 6:30 p.m. in the School District Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, January 16th, 2020, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. ARNDT moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting at 10:00 p.m. and convened the executive session. SKINNER moved to extend the executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 11:00 p.m. and announced that no action was taken as result of the executive session. ADJOURNMENT KAVANAUGH moved to adjourn the meeting. AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 10 of 53 Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 8 of 8 VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 11:00 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of December 19, 2019 Page 11 of 53 Office of the Mayor Kodiak Island Borough, Alaska Proclamation DECLARING JANUARY 2020 AS NATIONAL STALKING AWARENESS MONTH WHEREAS, under the laws of all fifty states, the District of Columbia, and federal government, stalking is a crime ; and WHEREAS, 7.5 million people over the age of 18 are stalked each year in the United States, and nearly 75% of victims are stalked by someone they know; and WHEREAS, three in four women killed by an intimate partner had been stalked by that intimate partner ; and WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population; and WHEREAS, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and WHEREAS, many stalkers use increasingly sophisticated devices, such as global positioning systems, cameras, and computer spyware, to track their victims; and WHEREAS, there is a greater need for increased public awareness about the nature, criminality, and potential lethality of stalking; and WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of law enforcement officers and aggressive investigation and prosecution of the crime; and WHEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers; and WHEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services; and WHEREAS, Kodiak Women’s Resource and Crisis Center is joining forces with victim service providers, criminal justice officials, and concerned citizens throughout Kodiak Island and the United States to observe and promote the 2020 theme, “National Stalking Awareness Month.” NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim the month of January 2020 as: Stalking Awareness Month and applaud the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. __________________________________ William Roberts, Borough Mayor Attest: ____________________________ Date: _____________________________ AGENDA ITEM #7.A. Stalking Awareness Month Proclamation Page 12 of 53 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 16, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ORIGINATOR: Scott Arndt RECOMMENDATION: Move to advance Ordinance No. FY 2020-12 to public hearing. DISCUSSION: After the last regular meeting on August 15th, the Clerk’s Office was asked to research the current Borough policy on Assembly member attendance. Specifically: •if Assembly members could be “excused” if they missed a meeting for work purposes •if there was anything in the code defining good cause or giving guidance/criteria in regards to when the Assembly should excuse an absence or not •are there legal opinions on what constitutes a “meeting” for purposes of determining if an Assembly member has missed half of the meetings in a one-year period After reading the KIB code and consulting with the former Borough Clerk and the Borough’s lawyer, Scott Brandt-Erichsen, I have come to the following conclusions: •There are currently no criteria defining good cause or giving guidance in regards to Assembly member absences. KIB code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, 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. •KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. •There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members’ absences from meetings which was reinterpreted by our lawyer, Scott Brandt-Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough’s possession and only the minutes and packets are available for interpretation. Mr. Brandt- Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt-Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. •Regarding the excused versus unexcused issue, Mr. Brandt-Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 13 of 53 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 16, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough ALTERNATIVES: FISCAL IMPACT: Minimum fiscal impact. If a seat were to be vacated and not filled, the compensation for that Assembly member would be withheld. 2.30.100 Miscellaneous. E. Compensation and Expenses. 1. Assembly members’ compensation shall be $300.00 per month. OTHER INFORMATION: AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 14 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Assembly Member Arndt 1 Drafted by: Assembly Member Arndt 2 Introduced on: 12/19/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCESTITLE 2 ADMINISTRATION AND 11 PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLY AND CHAPTER 2.30 RULES OF THE 12 ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. 13 14 WHEREAS, KIBC 2.25.060 provides that “If a member of the governing body misses one-half of 15 the meetings held in any year of his or her term of office, each year between November 1st and 16 October 31st, the seat shall be automatically vacated”; and 17 18 WHEREAS, there is currently no explanation as to what a meeting is; and 19 20 WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular 21 or special meeting of the assembly for good cause; and 22 23 WHEREAS, a full body of the Assembly allows for better debate and consensus reaching; and 24 25 WHEREAS, Assembly excusing should be limited to major medical and travel for borough 26 business. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 32 Kodiak Island Borough Code of Ordinances. 33 34 Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the 35 Kodiak Island Borough Code of Ordinances is amended to read as follows: 36 37 38 2.25.060 Declaring and filling vacancies. 39 40 B. If a member of the governing body misses one-half of the regular meetings and work session 41 meetings held in any year of his or her term of office, each year between November 1st and 42 October 31st, the seat shall be automatically vacated. 43 44 45 VERSION 1 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 15 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 2.25.070 Absences. 46 A No member of the assembly may request to be excused absent himself from any regular or 47 work session special meeting of the assembly except for good cause for reasons of major 48 medical or travel for borough business. An assembly member who is unable to attend a 49 meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that 50 absence. During the course of the meeting from which the member is absent, the chair shall cause 51 the record to reflect the absence of the member, the reason for the absence, and whether the 52 absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §6, 53 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. 54 55 2.30.020 General rules. 56 57 C. Absences. A No member of the assembly may request to be excused absent himself from 58 any regular or work session special meeting of the assembly except for good cause for reasons 59 of major medical or travel for borough business. An assembly member who is unable to attend 60 a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for 61 that absence. During the course of the meeting from which the member is absent, the chair shall 62 cause the record to reflect the absence of the member, the reason for the absence and whether 63 the absence is excused by the assembly. 64 65 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 66 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS __________ DAY OF _______________, 2019. 70 71 KODIAK ISLAND BOROUGH ATTEST: 72 73 74 ___________________________ ___________________________ 75 William Roberts, Mayor Tara Welinsky, Clerk 76 77 VOTES: 78 Ayes: 79 Noes: 80 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 16 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 2 Introduced by: Assembly Member Skinner 1 Drafted by: Assembly Member Skinner 2 Introduced on: 12/19/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND 11 PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLY AND CHAPTER 2.30 RULES OF 12 THE ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. 13 14 WHEREAS, having a full assembly in attendance allows for better debate and better 15 representation of various community perspectives; and 16 17 WHEREAS, the assembly recognizes the time commitment required to serve on the assembly 18 and the need to balance public office, work and family; and 19 20 WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular 21 or special meeting of the assembly only for good cause; and 22 23 WHEREAS, KIBC does not address what constitutes “good cause” in 2.30.020; and 24 25 WHEREAS, KIBC 2.25.060 provides that “If a member of the governing body misses one-half of 26 the meetings held in any year of his or her term of office, each year between November 1st and 27 October 31st, the seat shall be automatically vacated”; and 28 29 WHEREAS, KIBC does not clearly define “meeting” in 2.25.060; and 30 31 WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and 32 33 WHEREAS, the assembly desires to clarify code provisions related to assembly member 34 absences, while recognizing the value of providing flexibility and encouraging a diverse 35 assembly. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 41 Kodiak Island Borough Code of Ordinances. 42 43 Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the 44 Kodiak Island Borough Code of Ordinances is amended to read as follows: 45 46 Version 2 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 17 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 2 2.25.060 Declaring and filling vacancies. 47 48 A. The assembly shall declare an assembly member’s seat vacant when the assembly member: 49 … 50 9. If a member of the governing body misses three consecutively held regular meetings and is not 51 excused. 52 53 B. If a member of the governing body misses four consecutively held regular meetings 54 and is not excused then the assembly may declare the seat vacant. 55 56 B. C. If a member of the governing body misses one-half of the regular meetings and work 57 sessions held in any year of his or her term of office, each year between November 1st and 58 October 31st, the seat shall be automatically vacated. 59 60 C. D. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared 61 vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public 62 notice of the vacancy and, for 14 days after the first publication thereof, receive applications from 63 persons interested in being appointed to the vacant seat. The assembly shall review the 64 applications and may interview applicants. Not later than 30 days after the seat is declared vacant, 65 the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. 66 67 D. E. In appointing a person from among the applicants, the assembly shall utilize the voting 68 procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. 69 70 E. F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced 71 to fewer than four assembly members, then the remaining assembly members shall appoint as 72 many qualified persons to the assembly as is necessary to once again constitute a quorum. The 73 assembly shall utilize any procedure which is reasonable under the circumstances in making the 74 appointments required by this subsection and shall make said appointments not later than seven 75 days after the quorum was reduced to less than four assembly members. 76 77 F. G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time 78 a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-79 12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-80 O, 1979; Ord. 74-6-O §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060]. 81 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 82 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 83 84 2.25.070 Absences. 85 86 A. Absences. No member of the assembly may absent himself from any regular or special 87 meeting of the assembly except for good cause. An assembly member who is unable to attend a 88 meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that 89 absence. During the course of the meeting from which the member is absent, the chair shall cause 90 the record to reflect the absence of the member, the reason for the absence, and whether the 91 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 18 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 2 absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §6, 92 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. 93 94 B. Good Cause. If a member of the assembly is absent for any of the following reasons 95 their absence shall be considered for good cause and they shall be excused: 96 97 1. Travel for Borough business; 98 2. Any other reason the Assembly deems appropriate (for example, work, health or 99 medical, personal leave, etc. 100 101 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 102 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 103 104 105 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 106 THIS __________ DAY OF _______________, 2019. 107 108 KODIAK ISLAND BOROUGH ATTEST: 109 110 111 ___________________________ ___________________________ 112 William Roberts, Mayor Tara Welinsky, Clerk 113 114 VOTES: 115 Ayes: 116 Noes: 117 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 19 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 3 Introduced by: Assembly Member Kavanaugh 1 Drafted by: Assembly Member Kavanaugh 2 Introduced on: 12/19/2019 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND 11 PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLY AND CHAPTER 2.30 RULES OF 12 THE ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. 13 14 WHEREAS, having a full assembly in attendance allows for better debate and better 15 representation of various community perspectives; and 16 17 WHEREAS, the assembly recognizes the time commitment required to serve on the assembly 18 and the need to balance public office, work and family; and 19 20 WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular 21 or special meeting of the assembly only for good cause; and 22 23 WHEREAS, KIBC does not address what constitutes “good cause” in 2.30.020; and 24 25 WHEREAS, KIBC 2.25.060 provides that “If a member of the governing body misses one-half of 26 the meetings held in any year of his or her term of office, each year between November 1st and 27 October 31st, the seat shall be automatically vacated”; and 28 29 WHEREAS, KIBC does not clearly define “meeting” in 2.25.060; and 30 31 WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and 32 33 WHEREAS, the assembly desires to clarify code provisions related to assembly member 34 absences, while recognizing the value of providing flexibility and encouraging a diverse 35 assembly. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 41 Kodiak Island Borough Code of Ordinances. 42 43 Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the 44 Kodiak Island Borough Code of Ordinances is amended to read as follows: 45 46 Version 3 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 20 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 3 2.25.060 Declaring and filling vacancies. 47 48 A. The assembly shall declare an assembly member’s seat vacant when the assembly member: 49 … 50 9. If a member of the governing body misses three consecutively held regular meetings and is not 51 excused. 52 53 B. If a member of the governing body misses four consecutively held regular meetings 54 and is not excused then the assembly may declare the seat vacant. 55 56 B. C. If a member of the governing body misses one-half of the regular meetings and work 57 sessions held in any year of his or her term of office, each year between November 1st and 58 October 31st, the seat shall be automatically vacated. 59 60 C. D. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared 61 vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public 62 notice of the vacancy and, for 14 days after the first publication thereof, receive applications from 63 persons interested in being appointed to the vacant seat. The assembly shall review the 64 applications and may interview applicants. Not later than 30 days after the seat is declared vacant, 65 the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. 66 67 D. E. In appointing a person from among the applicants, the assembly shall utilize the voting 68 procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. 69 70 E. F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced 71 to fewer than four assembly members, then the remaining assembly members shall appoint as 72 many qualified persons to the assembly as is necessary to once again constitute a quorum. The 73 assembly shall utilize any procedure which is reasonable under the circumstances in making the 74 appointments required by this subsection and shall make said appointments not later than seven 75 days after the quorum was reduced to less than four assembly members. 76 77 F. G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time 78 a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-79 12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-80 O, 1979; Ord. 74-6-O §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060]. 81 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 82 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 83 84 2.25.070 Absences. 85 86 A. Absences. No member of the assembly may absent himself from any regular or special 87 meeting of the assembly except for good cause. An assembly member who is unable to attend a 88 meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that 89 absence. During the course of the meeting from which the member is absent, the chair shall cause 90 the record to reflect the absence of the member, the reason for the absence, and whether the 91 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 21 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-12 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 3 absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §6, 92 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. 93 94 B. Good Cause. If a member of the assembly is absent for any of the following reasons 95 their absence shall be considered for good cause and they shall be excused: 96 97 1. Travel for Borough business; 98 2. A voluntary submission of the circumstances for a member absence may be considered 99 by the Assembly in determining good cause. These submissions are not debatable. 100 101 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 102 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 103 104 105 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 106 THIS __________ DAY OF _______________, 2020. 107 108 KODIAK ISLAND BOROUGH ATTEST: 109 110 111 ___________________________ ___________________________ 112 William Roberts, Mayor Tara Welinsky, Clerk 113 114 VOTES: 115 Ayes: 116 Noes: 117 AGENDA ITEM #12.A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc...Page 22 of 53 KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 16, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2020-01B to public hearing. DISCUSSION: Due to the Governor's 50% budget funding cut to the State Aid for Costs of School Construction Debt program, this ordinance details changes and accounts for the addit ional funding needed to pay the Borough's general obligation bond payment for FY2020. Funds: Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 201 - Education Support Fund (transfer $1,632,815 to Fund 300 - Debt Service) • Fund 276 - Facilities Fund (receives $121,841 from Fund 469 - Renewal & Replacement Fund and transfers $417,596 to Fund 300 - Debt Service) • Fund 300 - Debt Service Fund (received $1,632,815 from Fund 201 - Education Support Fund and $417,596 from Fund 276 - Facilities Fund) Projects: Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the project itself is created. Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original estimates, or funds that remain at the completion of the project. The projects being amended by this budget amendment are: • Fund 469 - Revenues are decreased by $121,841 ALTERNATIVES: Not passing this ordinance means fund budget expenses may exceed their appropriations and projects may not be started and/or completed. FISCAL IMPACT: See 'Discussion' above. OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 23 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-01B Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-01B 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 ORDINANCE NO. FY2020-01, FISCAL YEAR 2020 BUDGET, BY AMENDING BUDGETS TO 11 ACCOUNT FOR THE GOVERNOR’S 50% FUNDING CUT TO THE STATE AID FOR COSTS 12 OF SCHOOL CONSTRUCTION DEBT PROGRAM. 13 14 WHEREAS, the assembly adopted the fiscal year 2020 budget on May 23, 2019; and 15 16 WHEREAS, the adopted budget presumed the State of Alaska would fully fund the State Aid for 17 Costs of School Construction Debt and the Borough would receive the normal reimbursement of 18 $5,263,053 (60-70% reimbursement of eligible bond interest and principal payments for the year); 19 and 20 21 WHEREAS, the Borough received official notification from the State of Alaska Division of School 22 Finance & Facilities that on June 28th, Governor Dunleavy reduced the program payments by 23 50%, thereby reducing the amount the Borough would receive to $2,631,527; and 24 25 WHEREAS, the assembly desires to reduce the amount of money transferred from the Facility 26 Fund to the Renewal & Replacement Fund by $121,841; and 27 28 WHEREAS, the assembly desires to transfer $417,596, which is 50% of the allowable 85% of the 29 prior year’s interest income, from the Facility Fund to the Debt Service Fund; and 30 31 WHEREAS, the Kodiak Island Borough School District received more revenue than anticipated 32 and desires to return $1,632,815 to the Borough in recognition of the economic challenges facing 33 the community with the cut to the bond reimbursement program. 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT: 38 39 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 40 Kodiak Island Borough Code of Ordinances. 41 42 Section 2: Fund 469 – Renewal & Replacement Fund is reduced by $121,841 and Fund 276 - 43 Facility Fund is increased by $121,841. 44 45 AGENDA ITEM #13.C.1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 24 of 53 Kodiak Island Borough, Alaska Ordinance No. FY2020-01B Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 Section 3: Fund 276 - Facility Fund transfers $417,596 to Fund 300 - Debt Service. 46 47 Section 5: Fund 201 – Education Support Fund transfers $1,632,815 to Fund 300 – Debt Service. 48 49 50 Effective Date: This ordinance takes effect upon adoption. 51 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS __________ DAY OF _______________, 2020. 54 55 KODIAK ISLAND BOROUGH ATTEST: 56 57 58 ___________________________ ___________________________ 59 William Roberts, Mayor Tara Welinsky, Clerk 60 61 VOTES: 62 Ayes: 63 Noes: 64 65 66 AGENDA ITEM #13.C.1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 25 of 53 12/23/19dlc07/01/2019BeginningCashBalance 472,706$BondPricipal,InterestandArbitrageExpenses (7,734,543)(TotaldueforFY2020)LeviedFY20PropertyTaxIncome 2,547,658$(Includes$303,074ofcontingency)EstimatedUncollectedTaxIncome (12,738)2,534,920(LevyTotalx0.5%DelinquentRate)MotorVehicleRegistrationTax(MVRT)Income 230,000$EstimatedUncollectedMVRTIncome (10,000)220,000(Received$220,392inFY19)ExpectedStateofAlaskaDebtReimb.Income 2,631,527(50%reimbursement)KIBSDexcessfundscontribution 1,632,815TransferFromFacilitiesFund 417,596(50%ofeligible85%)Estimated06/30/20EndingFundBalance175,021$(ReservePolicygoalis$275,000)FY2020DebtServiceFundSummaryKodiakIslandBoroughAGENDA ITEM #13.C.1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 26 of 53 AGENDA ITEM #13.C.1.Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 27 of 53 AGENDA ITEM #13.C.1.Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 28 of 53 AGENDA ITEM #13.C.1.Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 29 of 53 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 January 16, 2020 Office of Governor Michael J. Dunleavy 3rd Floor, State Capitol Fax: (907) 465-3532 PO Box 110001 Juneau, AK 99811 Re: Invitation to Visit Kodiak Island Borough Dear Governor Dunleavy: The Kodiak Island Borough invites you to visit Kodiak as part of your community outreach efforts to gather our critical input as to what Alaska should look like going forward. We ask that you come to Kodiak to hear directly from Kodiak residents and personally see the Kodiak community. Kodiak contributes to the state economy, and also relies on state services such as the ferry system and University of Alaska. Kodiak residents would appreciate the opportunity to share their perspectives and ideas on the future of these institutions. Things to consider about Kodiak: - Key contributor to Alaska’s economy, consistently ranking within the top five ports in the nation for volume and value of fish landings - Most diverse commercial fishing port in the state, home to over 600 vessels comprising jig, seiners, longliners, scallop boats, pot boats and trawlers - Home to the largest U.S Coast Guard base in the nation - Location of Alaska Aerospace Pacific Spaceport - Attracts between 20-30 cruise ships each summer - Stop on Alaska Marine Highway System and significant Southwest Region terminal - Home to Kodiak College (under University of Alaska Anchorage) and the Kodiak Fisheries and Marine Science Center (under University of Alaska Fairbanks) - 98% reliant on renewable energy (KEA hydroelectric and wind turbines) AGENDA ITEM #13.D.2. * Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Bo...Page 30 of 53 Kodiak is also one of the largest geographically distinct communities in the state. Over 13,000 residents live on the Kodiak road-system, making our community the fourth largest behind Anchorage, Fairbanks and Juneau. We look forward to hearing your response to our invitation. Thank you, Bill Roberts AGENDA ITEM #13.D.2. * Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Bo...Page 31 of 53 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 January 16, 2020 Endangered Species Division Office of Protected Resources Via Federal eRulemaking Portal National Marine Fisheries Service Attn: Humpback Whale Critical Habitat Proposed Rule 1315 East West Highway (SSMC3) Silver Spring, MD 20910 Re: Comments on Critical Habitat Proposed Rule; NOAA–NMFS–2019–0066 To Whom It May Concern: The Kodiak Island Borough (Borough) recognizes the importance of protecting critical habitat for humpback whales, however, we have concerns with potential negative impacts resulting from the designation that could harm the economic viability of the Borough. The Kodiak Island Borough encompasses over 12,000 square miles, including the entire Kodiak Archipelago as well as land along the coast of mainland Alaska. The Borough is home to approximately 13,000 residents, and the country’s largest U.S. Coast Guard base. Kodiak’s economy is driven by commercial fishing, and pollock deliveries caught throughout the archipelago in the federal fishery account for 50-60% of the fish across Kodiak docks each year. Juvenile pollock and other groundfish species are noted as potential prey for humpback whales, and most likely to be impacted by a critical habitat designation. The proposed critical habitat for Mexico and Western North Pacific humpback whale DPS groups overlays all the waters within the Kodiak Island Borough, including areas where significant commercial fishing activity occurs. The economic analysis accompanying the proposed rule gives short shrift to potential negative economic impacts, and does not include data on Kodiak’s economy or the Kodiak-based fishing industry. While the analysis briefly notes that fishery management is unlikely to change under a critical habitat designation, the dearth of information and our own past experience with Stellar sea lion restrictions give us pause. The preface to the 1993 proposed rule designating Stellar sea lion AGENDA ITEM #13.D.3. * Public Comment Letter Regarding Humpback Whale Critical Habitat Design...Page 32 of 53 (SSL) critical habitat 1 states, “The direct economic and other impacts resulting from this proposed critical habitat designation are expected to be minimal.” (emphasis added) On the contrary, impacts related to SSL closures were extreme; commercial fisheries were pushed farther offshore into more dangerous waters, it cost more on every trip just to reach the fishing grounds, and some traditional fishing areas were completely closed. Communities throughout the entire Gulf of Alaska continue to struggle with SSL restrictions in commercial fisheries, with little hope for relief. Building and maintaining port and harbor infrastructure also comes with increased regulatory burdens and costs associated with SSL measures. As an island community Kodiak relies on cargo ships to deliver groceries, freight, office supplies, clothing and everything else you would buy at the store. We rely on regular ferry service to transport people and vehicles between the Alaska mainland and Kodiak Island, and our local Visitors and Convention Bureau has worked hard to increase tourism contributions to the economy, including enticing cruise ship to add Kodiak as a port of call. As referenced above Kodiak is also home to the country’s largest United States Coast Guard base. Any ship coming to Kodiak would have to transit through the proposed critical habitat. We are concerned because if this rule is approved we will be completely surrounded by humpback whale critical habitat and the analyses gloss over potential limitations and negative impacts from that designation. Our experience with Stellar sea lion critical habitat and subsequent restrictions informs our caution on this issue, particularly given the large area proposed and the fact that it completely encloses Kodiak Island. Thank you, William Roberts Mayor, Kodiak Island Borough 1 Federal Register Volume 58, No. 61, April 1, 1993, at 17181 AGENDA ITEM #13.D.3. * Public Comment Letter Regarding Humpback Whale Critical Habitat Design...Page 33 of 53 Revision Date: 1/7/2020 Revised by: LC PARKS AND RECREATION COMMITTEE KODIAK ISLAND BOROUGH NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Patrick Saltonstall PO Box 1909 Kodiak, AK 99615 2021 (907) 486- 2634 (844) 425- 8844 pgsaltonstall@gmail.com Stephen Paulson 962 Mallard Way Kodiak, AK 99615 2021 (907) 486- 4750 (907) 539- 2077 spaulson@gci.net Eric Linscheid PO Box 316 Kodiak, AK 99615 2021 (907) 539- 6829 ericlinscheid@gmail.com Ben Millstein 523 Leta St. Kodiak, AK 99615 2020 (907) 486- 2537 (907) 942- 3083 bmills@ak.net Brian Himelbloom Po Box 1866 Kodiak, AK 99615 2022 (907) 486- 0822 907) 486- 1529 (907) 512- 7070 kayakadq@gmail.com VACANT 2020 VACANT 2020 NON-VOTING EX-OFFICIOS Assembly Representative Dennis Symmons PO Box 1522 Kodiak, AK 99615 2021 (907) 654- 1045 dennis.symmons@kibassembly.org State Representative Ben Shryock 1400 Abercrombie Dr. Kodiak, AK 99615 (907) 486- 6339 benjamin.shryock@alaska.gov City Parks & Rec. Representative Corey Gronn 315 Maple Ave. Kodiak, AK 99615 (907) 486- 8670 (907) 654- 7559 cgronn@city.kodiak.ak.us School District Representative Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 (907) 539- 1482 rbryant01@kibsd.org Roster continued on the next page…. AGENDA ITEM #13.D.4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committ...Page 34 of 53 Revision Date: 1/7/2020 Revised by: LC KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE PARKS AND RECREATION COMMITTEE NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL This committee is governed by Kodiak Island Borough Code 2.120 COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 CDD DIRECTOR, ERIN WELTY 486-9362 ewelty@kodiakak.us CODE ENFORCEMENT OFFICER, VACANT CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us STAFF: Planning and Zoning Commission Representative Vacant Vacant, Alternate AGENDA ITEM #13.D.4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committ...Page 35 of 53 1 Alise Rice From:noreply@civicplus.com Sent:Thursday, January 9, 2020 3:11 PM To:Clerks Subject:Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. 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. PERSONAL INFORMATION Select the Board, Commission, or Committee applying for Parks and Recreation Committee Designated seat or group representation (if applicable): Field not completed. Full Name Samuel Raymond Jordan Residence Address 3418 Spruce Cape Rd Unit 1 Kodiak, AK 99615 Mailing Address 3418 Spruce Cape Rd Unit 1 Kodiak, AK 99615 Email Address (This address will be used for correspondence) samuelrjordan@yahoo.com Home Phone Number (numeric only) 9079421072 Work Number (numeric only) 9079421072 Cell or Fax Number (numeric only) 9079421072 Employer/Occupation City of Kodiak/Lifeguard & Adult Swim Pgm Leader RESIDENCY INFORMATION Length of residency in Kodiak 12 years Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committ...Page 36 of 53 2 Length of Residence in Service Area Field not completed. ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? No If yes, which Field not completed. Organizations you belong to or participate in No Local Organizations Explain your main reason for applying I am a resident of Kodiak and intend to remain so indefinitely. My main reason for applying is to serve the Kodiak community in a relevant way. Since retiring from a career in the Coast Guard in 2017 and moving from Base housing into town, I've been able to take advantage of many of the recreation opportunities in Kodiak. Throughout the year, I ride mountain and road bicycles, run, hike, fish, hunt and otherwise spend a great deal of time outdoors. I have a true appreciation for recreation here. I've also been seeking opportunities to serve my community and this committee seems like a good fit for me as it is aligned with my current interests and activities. I'd like to provide the members of the community with a voice and also collaborate with the other committee members to provide the Borough with relevant plans, information, assessments and opinions. There is much work to be done to manage the current parks/recreation opportunities and room for new and expanded ones. What background, experience, or expertise will you bring to the board/committee/commission membership? In addition to the perspectives from 25 years of public services as an active duty officer and ship captain, I bring past Kodiak Borough board experience, past recreation program leadership experience, current recreation program employment and recent organized Kodiak recreation event participation perspectives. From 2008 to 2010, I served as the ex-officio Coast Guard representative to the Kodiak Island Borough School District Board. During these two years I gained a great deal of exposure to local government and boards/committees. I was active in the regular meetings, work sessions and special meetings. From 2007 to 2009, at Coast Guard Base Kodiak, I supervised the Morale, Well-Being and Recreation Director AGENDA ITEM #13.D.4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committ...Page 37 of 53 3 and his Department and their activities. During that time I provided leadership that resulted in my nomination and selection as the Coast Guard's Awardee for Excellence at the Armed Forces Recreation Society/National Recreation and Parks Association's annual meeting. I also was the safety officer for the Kodiak Eco-Challenge in 2008; an event that spanned many local jurisdictions and gave me an appreciation for the combined management of land use and recreational opportunities in Kodiak. Since retiring from the Coast Guard, I gained a lifeguard certification and subsequently began working at the Kodiak Pool by leading an adult fitness swimming program and teaching adult swimming lessons. I've competed in many Kodiak sporting events including Run The Rock Marathon in 2018 and 2019, Crab Fest Half Marathon, Crab Fest Ididarock Triathlon, Earth Day Triathlon and other shorter races. Are you available for regular meetings? Yes Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. 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 ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committ...Page 38 of 53 Revision Date: 12/20/19 Revised by: LC PLANNING AND ZONING COMMISSION CDD DIRECTOR, ERIN WELTY 486-9362 ewelty@kodiakak.us CODE ENFORCEMENT OFFICER, VACANT CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE CELL PHONE EMAIL VACANT (C) 2021 Kent Cross (B) PO Box 3164 Kodiak, AK 99615 2021 (907) 942-3189 (907) 942-3189 kent.cross@kibplanning.org Matthew Novello (B) 3941 Woodland Drive Kodiak, AK 99615 2021 (757) 635-5051 (757) 635-5051 novey1@msn.com Alan Schmitt (C) 3295 Woody Way Loop Kodiak, AK 99615 2020 (907) 486-5314 (907) 942-0435 alan.schmitt@kibplanning.org Dave Townsend (B) Chair PO Box 9044 Kodiak, AK 99615 2020 None (907) 654-4123 dave.townsend@kibplanning.org Kyle Blondin (B) 3469 Harlequin Kodiak, AK 99615 2022 (907) 942-3703 (907) 942-3703 blondin_builder37@hotmail.com Joseph Delgado (C) 1225 Selief LN #4 Kodiak, AK 99615 2022 (907) 512-7508 (907) 512-7508 egdelgado64@gmail.com B=Borough Seat C=City Seat This commission is governed by Kodiak Island Borough Code 2.105 AGENDA ITEM #13.D.5. *Confirmation of Mayoral Appointment to the Planning and Zoning Commissi...Page 39 of 53 City Clerk's Office 710 MillBay Road,Rm.110 Kodiak,AK 99615 (907)486-8636 /(907)486-8600 (fax) ADVISORY BOARD APPLICATIONWWIM)'lw\NAME ./\”lD*\W?>3‘-i’l.I?.miuipl/»@¢ \hwI.m,,,HOME TELEPHONE WORK TELEEHONE FAX EMAIL J {Ill 6 Qe'kik!¢e'(’‘Dr. RESIDENCE (STREET)ADDRESS Vii $7,v?3'-M» MAILINGADDRESS l0 i£%°\.\/g 0 N14; LENGT F RESIDENCE IN KODIAK L NGTHIO RESIDENCE IN ALASKA Are you a registered voter in the City of Kodiak?Yes No [] Do you own property in the City of Kodiak?Yes No [] On which boards are you interested in serving?List your areas of expertise and education that would (List in order of preference benefit the boards for which you are applying. Eh»«3*'<**'\\>i—5l’CLi/In C«>i,m.Y\;l;\—&fVu\Q(;\MivmmwuwlEx:L4/izoxu. .I)Q u la QQ/I/§Dy\l’\Lr‘E004/A _(\y\UxlolrovMxoi @_,L¢ <§\\3_p\me Hi C"w\VV{‘55\Br\at Kti£"(’\./‘('1'Si»Muumw _?\»v\I>(J Community Activities:Professional Activities: MolwvolzlmxAV §)\J}~/Vizg?xS(,L‘?\D1\¢—2L‘l\v?r c~°£H\5% \/ Qtmkk tuvrw -'I,»(,c~5lmL{,v,0 Nxl/t5«U«\hm:4-—\l¢0\ /\4KW I;03 1 ig ‘t?re \Dae Return application to City Clerk,710 MillBay Road,Rm.110,Kodiak,AK 99615 Fax:486~8600 Revised:October 2019 AGENDA ITEM #13.D.5. *Confirmation of Mayoral Appointment to the Planning and Zoning Commissi...Page 40 of 53 Revision Date: 06/27/19 Revised by: LC SOLID WASTE ADVISORY BOARD E/F DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us E/F SECRETARY, PATRICIA VALERIO 486-9343 pvalerio@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Nick Szabo (Chair) PO Box 1633 Kodiak, AK 99615 2021 (907) 486- 3853 (907) 654- 3853 76taku77@gmail.com Laine Welch 315 High St Kodiak, AK 99615 2020 (907) 486- 2391 (907) 654- 9111 msfish@alaskan.com VACANT 2022 Nathan Svoboda 389 Neva Way Kodiak, AK 99615 2022 (907) 486- 1863 (907) 202- 1837 nathan.svoboda@alaska.gov Patrick Cummings 418 A Lilly Drive Kodiak, AK 99615 2022 (907) 654- 4486 patrickc@seattleu.edu Construction Business Representative VACANT 2021 Retail Business Representative Jason Jardine 3564 Patrick Ct Kodiak, AK 99615 2021 (907) 481- 1670 (208) 569- 8858 webasboy@gmail.com NON-VOTING EX-OFFICIOS Assembly Representative Mr. Duane Dvorak 415 Cedar St Kodiak, AK 99615 (907) 942- 2912 (907) 942- 2912 duane.dvorak@kibassembly.org KIB Staff Representative Dave Conrad (907) 486- 9357 dconrad@kodiakak.us U.S.C.G. Representative Jennifer N. Nutt, Environmental Division Chief Base Kodiak (907) 854- 4514 (907) 487- 5494 jennifer.n.nutt@uscg.mil City of Kodiak Representative Craig Walton 2410 Mill Bay Road Kodiak, AK 99615 (907) 486- 8060 (907) 486- 8066 cwalton@city.kodiak.ak.us This board is governed by Kodiak Island Borough Code 2.145 AGENDA ITEM #13.D.6. *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board C...Page 41 of 53 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Board Application Form Date:Monday, January 6, 2020 8:03:49 PM Board Application Form Please complete the online form below. 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. PERSONAL INFORMATION Select the Board, Commission, or Committee applying for Solid Waste Advisory Board Designated seat or group representation (if applicable): Field not completed. Full Name Douglas Hogen Residence Address 3099 Spruce Cape road Mailing Address 3099 Spruce Cape road Email Address (This address will be used for correspondence) dlhogen@gmail.com Home Phone Number (numeric only) 9074864407 Work Number (numeric only)9075395407 Cell or Fax Number (numeric only) 9075395407 Employer/Occupation Self employed/ Building contractor RESIDENCY INFORMATION Length of residency in Kodiak 42 years Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.6. *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board C...Page 42 of 53 Length of Residence in Service Area Field not completed. ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? No If yes, which Field not completed. Organizations you belong to or participate in Kodiak Audubon Explain your main reason for applying Been wanting to give my input for some time. What background, experience, or expertise will you bring to the board/committee/commission membership? 40 years in the construction trade here in town. I have owned my own construction company since 1991 here in Kodiak. Through that business I have had to deal with construction waste and am interested in giving input in that regard. Are you available for regular meetings? Yes Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. 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 ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.6. *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board C...Page 43 of 53 Revision Date: 1/8/2020 Revised by: AR ARCHITECTURAL/ENGINEERING REVIEW BOARD BUILDING CODE BOARD OF APPEALS KODIAK ISLAND BOROUGH DIRECTOR DAVID CONRAD 486-9357 dconrad@kodiakak.us PROJ. MGR./INSPECTOR, MATT GANDEL 486-9211 mgandel@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY KODIAK, AK 99615 STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Cliff Ford 1250 Beaver Way Kodiak, AK 99615 2021 (907) 486- 5353 (907) 486- 7742 (907) 539- 5342 clifff@acsalaska.net Jon Melin 2011 Mill Bay Road #2 Kodiak, AK 99615 2021 (907) 539- 1589 Jon.premier@alaska.net Rick Ryser PO Box 8908 Kodiak, AK 99615 2020 (907) 486- 5490 (907) 942- 2747 goldenalaska@gmail.com Jerrol Friend (Chair) 1950 Mill Bay Rd. Kodiak, AK 99615 2020 (907) 539- 1975 (907)486- 3908 (907) 539- 1975 jfriend@alaska.net Vacant 2020 Jascha Zbitnoff PO Box 9012 Kodiak, AK 99615 2022 (907) 942- 3215 jascha@brechan.com Dennis Hunt (Vice-Chair) 182 Alimaq Dr. Apt 308 Kodiak, AK 99615 2022 (907) 529- 6752 (907)486- 9525 (907) 529- 6752 dennis.hunt3@icloud.com NON-VOTING EX-OFFICIOS Assembly Representative Duane Dvorak 2022 (907) 942- 2912 (907) 942- 2912 duane.dvorak@kibassembly.org School Board Representative VACANT OR Duncan Fields PO Box 25 Kodiak, AK 99615 486-6393 486-8835 317-5959 dfields@ptialaska.net This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 AGENDA ITEM #13.D.7. *Declaring A Seat Vacant On The Architectural / Engineering Review Board...Page 44 of 53 1 Lina Cruz From:Matt Gandel Sent:Wednesday, December 18, 2019 11:22 AM To:Clerks Subject:FW: Bayside Exterior 100% Drawings FYI,Steven Neff sent me the email below about resigning from the ARB.I don’t know if he’s been in contact with you at all or if you need something more formal from him. Matt From:Steve Neff <swneff@gmail.com> Sent:Tuesday,December 17,2019 10:33 AM To:Matt Gandel <mgandel@kodiakak.us> Subject:Re:Bayside Exterior 100%Drawings Hello Matt: After looking at my schedule for the winter and coming year I have decided it would be best for me to relinquish my seat on the board.I will be out on Raspberry Island from Dec 19th thru March 15th and will also be off the island most of the summer and again in the fall.Clearly I will miss most if not all of the coming meetings. Hope you had a nice Thanksgiving and wish you and your family a very merry Christmas! Thank you, Steve Neff On Tue,Dec 17,2019 at 9:29 AM Matt Gandel <mgandel@kodiakak.us>wrote: ARB members, Attached are the 100%drawings for the Bayside Exterior project,incorporating the changes discussed at the last meeting.This project is scheduled to be issued for bid on Friday,December 20.If you have any comments on the attached drawings please get them to me no later than Thursday December 19,2019 at 12 pm. Matt Gandel AGENDA ITEM #13.D.7. *Declaring A Seat Vacant On The Architectural / Engineering Review Board...Page 45 of 53 2 Project Manager/Inspector Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road, Room 224 Kodiak AK 99615 Phone: 907-486-9211 Fax: 907-486-9347 Email: mgandel@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. AGENDA ITEM #13.D.7. *Declaring A Seat Vacant On The Architectural / Engineering Review Board...Page 46 of 53 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – December 2019 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending December 31, 2019 BALER BUILDING SEPTIC SYSTEM REPLACEMENT Project Description: This project is for installation of a septic tank and leachfield for the Baler Building. The current septic system does not meet code and needs to be upgraded. Current Status: Jacobs Engineering provided design documents for this project, which were reviewed by the Architectural/Engineering Review Board (ARB) on September 10, 2019. The ARB had some questions on the design and possible alternatives that were discussed at a follow up ARB meeting on November 5, 2019. The ARB approved the design and staff is now soliciting quotes for procurement of the new 1,000- gallon septic tank. Once the procurement is moving forward the design for installation will be put out for public bid. Change Orders this Period: None. BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and Landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. In late November 2019 the Alaska Department of Environmental Conservation tentatively approved a work plan to landfarm the contaminated soil at the landfill. Concurrently staff solicited bids for a new 4,000-gallon fuel tank to replace the UST, and in December 2019 the Assembly approved a contract with Greer Tank of Anchorage for procurement and delivery of the new tank. The new tank is tentatively scheduled to be installed in spring 2020. Change Orders this Period: Greer Tank, LLC – Contract FY2020-09 Change Order 01 - $0 1) The bid documents required the new 4,000-gallon fuel tank be delivered and received at the Kodiak Island Borough Baler Building no later than January 31, 2020. However, due to an extended award process KIB and the Contractor have agreed to extend the delivery date to March 15, 2020. AGENDA ITEM #18.B.1. December Projects Reports Page 47 of 53 Projects Report – December 2019 Page 2 BAYSIDE FIRE DEPARTMENT EXTERIOR IMPROVEMENTS Project Description: This project is replacement of exterior siding, windows, doors, and roofing at the older portion of Bayside Fire Department. The existing metal roofing and wood siding are over 35 years old and have reached the end of their useful life. Current Status: Jensen Yorba Wall (JYW) is the architect for this project and completed design documents that were approved by both the Fire Protection Area No. 1 Board and the Architectural/Engineering Review Board. The project was issued for public bid on December 20, 2019, and bids are due January 30, 2020. Construction is scheduled for spring/summer 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER & KODIAK HIGH SCHOOL ELECTRIC BOILERS Project Description: In 2018 KIB entered into joint agreements with Kodiak Electric Association (KEA) and the Kodiak Island Borough School District for interruptible electric service at Kodiak Fisheries Research Center (KFRC) and Kodiak High School (KHS). As part of the agreements KEA will reimburse KIB for the costs to install electric boilers at both buildings and offer a reduced rate for the power to operate the boilers at 90% the cost of fuel oil. KIB has contracted with RSA Engineers to provide design and bid documents for both new boilers. Current Status: Wolverine Supply, Inc. (Wolverine) is the contractor for this project and started work at the end of September 2019. As of December 2019, the existing fuel oil boiler has been removed and new underground conduits have been installed at KHS, and concrete pads for new electrical equipment have been completed at both facilities. The new electric boilers and switchgear all arrived in December 2019, and installation is expected to begin in earnest in January 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW will be producing 65% design documents and a detailed construction cost estimate so a decision can be made to replace all the siding and roofing or to only focus on areas showing the most deterioration. These initial design documents are scheduled to be completed by March 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project is for the replacement of the fire alarm panel and devices at Kodiak Fisheries Research Center (KFRC). The system is original to the building’s construction in 1997 and has reached the end of its useful life. Replacement parts are difficult to find, and the panel is no longer supported by the manufacturer. AGENDA ITEM #18.B.1. December Projects Reports Page 48 of 53 Projects Report – December 2019 Page 3 Current Status: Projects Office staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. The Assembly approved a change order for the design cost on October 17, 2019, and JYW and RSA are now working on design. Change Orders this Period: None. KODIAK ISLAND BOROUGH SCHOOL DISTRICT AUXILIARY GYM Project Description: This project is to renovate the old High School pool area into a gymnasium for school and community use. The project is being funded and managed by the Kodiak Island Borough School District, with limited involvement by KIB staff. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for this project. KIBSD is going to manage the design and construction process for this project, through the Borough’s term contract with JYW. JYW is working to complete 95% design documents by mid-January 2020, at which point they will be presented to the Architectural/Engineering Review Board prior to being issued for public bid. Change Orders this Period: Jensen Yorba Wall – Contract FY2019-10 Change Order 05 - $50,884.00 (Approved by Assembly on 12/19/19) 1) Provide design and construction administration services for KIBSD Auxiliary Gym project. NORTH STAR ELEMENTARY SIDING PHASE I Project Description: This project is for the removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The goal is to complete Phase I for the gym in summer 2020; Phase II would include replacement of the siding and possibly the windows around the rest of the school but will require further design investigation and cost estimates before proceeding. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for Phase I and begin preliminary design work for Phase II. JYW is working to complete 95% design documents for Phase I by mid-January 2020, at which point they will be presented to the Architectural/Engineering Review Board. Change Orders this Period: Jensen Yorba Wall – Contract FY2019-10 Change Order 06 – $53,031.00 (Approved by Assembly on 12/19/19) 1) Provide design and construction administration services for Phase I of the North Star Elementary Siding project and schematic level design for Phase II. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. AGENDA ITEM #18.B.1. December Projects Reports Page 49 of 53 Projects Report – December 2019 Page 4 Current Status: Staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. JYW/RSA provided several options for tank sizing which KIB and PKIMC have discussed and provided direction. JYW/RSA is now working on a bid package to procure the new tank and will then complete design for the concrete pad and piping to install the tank. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. The first stage in this project is geotechnical investigation to determine the subsurface conditions. That information will be used to complete conceptual design to repair or replace the wall. Current Status: At the end of September 2019 PND Engineers (PND) and Discovery Drilling traveled to Kodiak to drill several bore holes along the existing wall for soil sample analysis. The initial findings are that bedrock is below the bottom of the existing wall, and the soil behind the wall looks has promising stability. A geotechnical report from PND was received in late December 2019, and a final report with design recommendations is scheduled to be received in early January 2020. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER STRUCTURAL ANALYSIS/PROJECT LIST DEVELOPMENT Project Description: This project is to perform a structural analysis of the older portions of the Providence Kodiak Island Medical Center and develop a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. Current Status: On December 5, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete this assessment and list development. JYW is working with PND Engineers to complete the structural assessment, which is tentatively scheduled to be received by late January 2020. Change Orders this Period: Jensen Yorba Wall – Contract FY2018-28 Change Order 04 - $42,340.00 (Approved by Assembly 12/5/19) 1) Provide structural analysis and project list development services per proposal. Deliverables to include structural analysis of 1968 and 1978 portions of Providence Kodiak Island Medical Center, conceptual design for structural upgrades, graphic representation of possible replacement options for single-story wing and project list for future renewal and replacement projects. AGENDA ITEM #18.B.1. December Projects Reports Page 50 of 53 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 26,252$ 748$ 8,000$ Admin 5,000$ 5,000$ 583$ -$ 4,417$ TOTAL 40,000$ 40,000$ 26,835$ 748$ 12,417$ Original Budget Ord 2020-01A Current Budget Expenses Obligated Remaining Design 40,000$ -$ 40,000$ 12,890$ 30,408$ (3,299)$ Construction 40,000$ 40,000$ 80,000$ 21,020$ 52,122$ 6,858$ Admin 10,000$ 20,000$ 30,000$ 3,422$ -$ 26,578$ TOTAL 90,000$ 60,000$ 150,000$ 37,332$ 82,530$ 30,138$ Original Budget Current Budget Expenses Obligated Remaining Design 22,000$ 22,000$ 14,707$ 7,430$ (137)$ Admin 3,000$ 3,000$ 4,524$ -$ (1,524)$ TOTAL 25,000$ 25,000$ 19,231$ 7,430$ (1,661)$ Original Budget Current Budget Expenses Obligated Remaining Design 51,000$ 51,000$ 32,282$ 16,492$ 2,226$ Construction 650,000$ 650,000$ 119,108$ 523,672$ 7,220$ Admin 34,000$ 34,000$ 38,112$ -$ (4,112)$ Contingency 40,000$ 40,000$ -$ -$ 40,000$ TOTAL 775,000$ 775,000$ 189,502$ 540,164$ 45,334$ Kodiak Fisheries Research Center & Kodiak High School Electric Boilers - 19001/19002 Funding: Fund 469 - Renewal & Replacement ($564,000) and Fund 555 - KFRC ($211,000) (Costs will be reimbursed by Kodiak Electric Association) Bayside Fire Department Exterior Improvements - 19009 Funding: Fire Protection Area No. 1 Funding: Fund 530 - Solid Waste Collection and Disposal Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending December 31, 2019 Baler Building Underground Storage Tank Replacement - 18005 Baler Building Septic System Replacement - 18004 Funding: Fund 530 - Solid Waste Collection and Disposal Project Budget Status Page 1 of 3 AGENDA ITEM #18.B.1.December Projects ReportsPage 51 of 53 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending December 31, 2019 Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ 2,572$ 49,267$ 23,161$ Admin 25,000$ 25,000$ 1,327$ -$ 23,673$ TOTAL 100,000$ 100,000$ 3,899$ 49,267$ 46,834$ Original Budget Current Budget Expenses Obligated Remaining Design 25,000$ 25,000$ 2,909$ 20,711$ 1,380$ Construction 100,000$ 100,000$ -$ -$ 100,000$ Admin 10,000$ 10,000$ 1,865$ -$ 8,135$ Contingency 15,000$ 15,000$ -$ -$ 15,000$ TOTAL 150,000$ 150,000$ 4,774$ 20,711$ 124,515$ Original Budget Current Budget Expenses Obligated Remaining Design 55,000$ 55,000$ -$ 50,884$ 4,116$ Admin 5,000$ 5,000$ 965$ -$ 4,035$ TOTAL 60,000$ 60,000$ 965$ 50,884$ 8,151$ Original Budget Current Budget Expenses Obligated Remaining Design 26,193$ 26,193$ -$ 53,031$ (26,838)$ Construction 436,556$ 436,556$ -$ -$ 436,556$ Admin 17,462$ 17,462$ 1,033$ -$ 16,429$ Contingency 21,828$ 21,828$ -$ -$ 21,828$ TOTAL 502,039$ 502,039$ 1,033$ 53,031$ 447,975$ Funding: Fund 555 - KFRC Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 Funding: Fund 555 - KFRC North Star Elementary Siding Replacement - 20008 Funding: Fund 415 - Capital Project (Borough) (Funding provided by Kodiak Island Borough School District) KIBSD Auxiliary Gym - 20007 Funding: Fund 415 - Capital Project (Borough) (Costs will be reimbursed by Kodiak Island Borough School District) Kodiak Fisheries Research Center Exterior Upgrade - 20004 Project Budget Status Page 2 of 3 AGENDA ITEM #18.B.1.December Projects ReportsPage 52 of 53 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending December 31, 2019 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 4,998$ 25,552$ 4,451$ Admin 15,000$ 15,000$ 1,227$ -$ 13,773$ TOTAL 50,000$ 50,000$ 6,224$ 25,552$ 18,224$ Original Budget Current Budget Expenses Obligated Remaining Design 125,000$ 125,000$ 64,376$ 31,354$ 29,270$ Admin 25,000$ 25,000$ 2,980$ -$ 22,020$ TOTAL 150,000$ 150,000$ 67,356$ 31,354$ 51,290$ Original Budget Current Budget Expenses Obligated Remaining Design 43,000$ 43,000$ -$ 42,340$ 660$ Admin 7,000$ 7,000$ -$ -$ 7,000$ TOTAL 50,000$ 50,000$ -$ 42,340$ 7,660$ Providence Kodiak Island Medical Center Retaining Wall - 20003 Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Structural Analysis and Project List Development - 20006 Funding: Fund 495 - Capital Project - Hospital Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Fuel Tank - 20001 Project Budget Status Page 3 of 3 AGENDA ITEM #18.B.1.December Projects ReportsPage 53 of 53 KODIAK ISLAND BOROUGH rf,� Meeting Type: Date:' �`�[ 262-0 Please PRINT your name legibly Please PRINT your name legibly Regular Special Convened: O KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: 1 0- Adjournid- Cl) BY: BY: BY: A BY: 54 BY: EV SECOND:� SECOND: SECOND: SECOND: �j SECOND: piwo,o�� V, _ noe- �AV 3�46911 YES NO YES NO YES' -:NO YES NO YES'.'NOL Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt V Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvora Mr. Dvorak 1/ Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaug f Mr. Schroeder V Mr. Schroeder Mr. Schroeder Mr. Schroeder ✓ Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner I V1 Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD A YONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: I TOTAL: 17 UTOTAL: 1 TOTAL: (� The mayor may nol.vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: Lo Adjourned: W BY: SECOND: BY: �% SECOND: VA A k a u��ts� p4V T BY: or BY: Si SECOND: V SECOND: V 14 tAVV BY: 5y+ SECOND: V VVV YES'' 'NO YES NO YESIF NO YES NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak ve, Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder- Mr. Schroede Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner .WOULD ANYONE LIKE TO CHAN THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL:I (all I TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the asserAbly are present and there is a three/three tie vote of the assembly. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. January 16, 2020 Kodiak Island Borough O ce ofthe Borough Mayor 710 Nli11 Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Endangered Species Division Office of Protected Resources Via Federal eRulernaking Portal National Marine Fisheries Service Attn: Humpback Whale Critical Habitat Proposed Rule 1315 East West Highway (SSMC3) Silver Spring, MD 20910 Re: Comments on Critical Habitat Proposed Rule, NOAA-NMFS-2019-0066 To Whom It May Concern: The Kodiak Island Borough (Borough) recognizes the importance of protecting critical habitat for humpback whales, however, we have concerns with potential negative impacts resulting from the designation that could harm the economic viability of the Borough. The Kodiak Island Borough encompasses over 12,000 square miles, including the entire Kodiak Archipelago as well as land along the coast of mainland Alaska. The Borough is home to approximately 13,000 residents, and the country's largest U.S. Coast Guard base. Kodiak's economy is driven by commercial fishing, and pollock deliveries caught throughout the archipelago in the federal fishery account for 50-60% of the fish across Kodiak docks each year. Juvenile pollock and other groundfish species are noted as potential prey for humpback whales, and most likely to be impacted by a critical habitat designation. The proposed critical habitat for Mexico and Western North Pacific humpback whale DPS groups overlays all the waters within the Kodiak Island Borough, including areas where significant commercial fishing activity occurs. The economic analysis accompanying the proposed rule gives short shrift to potential negative economic impacts and does not include data on Kodiak's economy or the Kodiak -based fishing industry. While the analysis briefly notes that fishery management is unlikely to change under a critical habitat designation, the dearth of information and our own past experience with Stellar sea lion restrictions give us pause. The preface to the 1993 proposed rule designating Stellar sea lion (SSL) critical habitat' states, "The direct economic and other impacts resulting from this proposed critical habitat desienation are expected to be minimal." (emphasis added) On the contrary, 1 Federal Register Volume 58, No. 61, April 1, 1993, at 17181 impacts related to SSL closures were extreme; commercial fisheries were pushed farther offshore into more dangerous waters, it cost more on every trip just to reach the fishing grounds, and some traditional fishing areas were completely closed. Communities throughout the entire Gulf of Alaska continue to struggle with SSL restrictions in commercial fisheries, with little hope for relief. Building and maintaining port and harbor infrastructure also comes with increased regulatory burdens and costs associated with SSL measures. As an island community Kodiak relies on cargo ships to deliver groceries, freight, office supplies, clothing and everything else you would buy at the store. We rely on regular ferry service to transport people and vehicles between the Alaska mainland and Kodiak Island, and our local Visitors and Convention Bureau has worked hard to increase tourism contributions to the economy, including enticing cruise ship to add Kodiak as a port of call. As referenced above Kodiak is also home to the country's largest United States Coast Guard base. Any ship coming to Kodiak would have to transit through the proposed critical habitat. We are concerned about the direct effects the proposed designation will have on our local economy. While Service estimates indicate minimal increases, even small percentages on the holistic projects we face, would be significant. We feel that the Service's assessments inadequately consider the direct cost of the applicant. These additional costs include delays of projects, outside consultants, attorneys, and additional staff time. We believe there is a significant unrecognized cost to the resident/consumer. These costs are related to delayed, diminished, and/or lack of services; elevated cost of goods and services; and a risk to health and safety. We are concerned because if this rule is approved, we will be completely surrounded by humpback whale critical habitat and the analyses gloss over potential limitations and negative impacts from that designation. Our experience with Stellar sea lion critical habitat and subsequent restrictions informs our caution on this issue, particularly given the large area proposed and the fact that it completely encloses Kodiak Island. Thank you, Williamk+ Mayor, Kodiak Island Borough Tara Wellinsky From: My Federal Register<noreply@mail.federalregister.gov> Sent: Friday, January 17, 2020 10:10 AM To: Tara Welinsky Subject: [FR] Your comment on Endangered and Threatened Wildlife and Plants: Proposed Rule To Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales E# Thank you for creating a comment, your feedback is important. We have successfully submitted your comment to Regulations.gov for review by the National Oceanic and Atmospheric Administration. Your comment tracking number is below and can be used to retrieve your comment from Regulations.gov once it has been reviewed and if it is publicly posted by the National Oceanic and Atmospheric Administration. Comment Tracking Number: ].k4-9ehv--u7fs As a registered MyFR user you can also view your comment status and manage any followup subscriptions via your My Comments page. Below are details on the comment you submitted: Endangered and Threatened Wildlife and Plants: Proposed Rule To Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales A Proposed Rule by the National Oceanic and Atmospheric Administration Document URL https://www.federalregister.gov1d/2019-25759 Published On 11/27/2019 Comment Submission Date 01117/2020 at 2:08 pm First Name Tara Last Name Welinsky Mailing Address 710 Mill Bay Road Mailing Address 2 city Kodiak Country United States State or Province Alaska ZIP/Postal Code 99615 Email Address twelinsky@kodiakak.us Phone Number 9074869310 Fax Number Organization Name Kodiak Island Borough Comment See attached file(s) Uploaded Files Public Comment Letter for Humpback Whale Critical Habitat Designation FINAL.pdf Your comment may be viewable on Regulations.gov once the National Oceanic and Atmospheric Administration has reviewed it. This process is dependent on agency public submission policies/procedures and processing times. Use your tracking number to find out the status of your comment. Subscribe to Any Search Subscribe to an Agency's Result 0 - Documents Did you know that you can subscribe to any From any agency page on search result? After performing any search on Federal Registe r.gov you can choose to Federal Register. gov you can choose to receive receive email updates of new documents from any future documents that match your search viathat agency. Choices of subscriptions include email. Just click the subscribe button on the rightDocuments on Public Inspection, Newly side of the search box. Published Documents, and Documents Deemed Significant. Follow Federal Register on Twitter I Like Federal Register on_Facebook egister gov uses your email address to enable you to receive email notifications according to your preferences. We retain only the only the personally e information minimally necessary to operate the tvlyFR service. For more information. please read our Privacy and Security Policy. manage my subscriptions 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. FY2020, No. 46 January 17, 2020 At Its Regular Meeting Of January 16, 2020, The Kodiak Island Borough Assembly Took The Following Actions: PROCLAIMED The Month Of January 2020 As National Stalking Awareness Month And Applauded The Efforts Of The Many Victim Service Providers, Police Officers, Prosecutors, National And Community Organizations, And Private Sector Supporters For Their Efforts In Promoting Awareness About Stalking. POSTPONED INDEFINITELY Ordinance No. FY2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ADVANCED Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut To The State Aid For Costs Of School Construction Debt Program To Public Hearing At The Next Regular Meeting Of The Assembly. RELEASED Memos Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney: Levesque (January 2014), Wohlforth (July 2012) and Jarmin (August 1994). APPROVED A Letter From Mayor Roberts Inviting Governor Dunleavy To Visit Kodiak Island Borough. AMENDED, APPROVED A Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. CONFIRMED The Mayoral Appointment Of Mr. Samuel Jordan To The Parks And Recreation Committee For A Term To Expire December 31, 2020. CONFIRMED The Mayoral Appointment Of Ms. Sarah Harrington To The Planning And Zoning Commission City Seat For A Term To Expire December 2021. CONFIRMED The Mayoral Appointment Of Mr. Douglas Hogen To The Solid Waste Advisory Board Construction Business Representative Seat. DECLARED The City Seat Of Mr. Steven Neff Vacant On The Solid Waste Advisory Board. CONVENED Into Executive Session For The Purpose Of Confidential Communications With, And Providing Direction To, The Borough's Representative Regarding Labor Negotiations With The IBEW . Invited The Mayor, Assembly, Borough Manager, Finance Director, And Borough Clerk Into Executive Session. ANNOUNCED That No Action Was Taken As The Result Of The Executive Session.