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2005-12-22 Work SessionITEMS FOR DISCUSSION ASSEMBLY WORK SESSION December 22, 2005 — 6:30 p.m. Borough Conference Room 1 AGENDA CITIZENS' COMMENTS (limited to three minutes per speaker) 1. Legislators — Senator Gary Stevens; Representative Gabrielle LeDoux a. Legislative Discussion List ON LEAVE Branson - January 2 -8 Nielsen — December 21 - January 3 Gifford — December 24- January 9 Williams — January 3 -31 Abell February 1— 28 Oswalt - February 1 — March 31 December 2005 22 6:30 pm Cancelled 26 Holiday 27 7:00 pm 29 Canceled January 2006 2 Holiday 5 1:30 p.m. 5 Canceled 9 5:30 p.m. 7:00 p.m. 10 7:00 p.m. 11 7:30 p.m. 12 7:30 p.m. 16 Holiday 18 7:30 p.m. 19 7:30p.m. 23 7:00 p.m. 24 7:00 p.m. 26 7:30 pan. 7:30 p.m. AC - Assembly Chambers CR - Conference Room SD /CR - School District Conference Room AC /CR - Assembly Chambers Conference Room C /CR - City Conference Room D /CR - Hospital Doctors= Conference Room H/PL - Hospital Physicians Library CALENDAR Assembly Work Session — CR City Council Regular Meeting Borough Offices Closed for Christmas Holiday Parks and Recreation Committee Meeting — CR Assembly Work Session — CR Borough Offices Closed for New Year's Holiday Local Emergency Planning Committee Meeting - AC Assembly Regular Meeting —AC Gravel Task Force Meeting — CR School Board Work Session — SD /CR Parks and Recreation Committee Meeting — CR Planning and Zoning Commission Work Session — CR Assembly Work Session — CR Borough Offices Closed for Marin Luther King Jr. Birthday Planning and Zoning Commission Regular Meeting — AC Assembly Regular Meeting — AC School District Regular Meeting — AC Parks and Recreation Committee Meeting — CR Assembly Work Session — CR City Council Regular Meeting — AC BFH - Bayside Fire Hall HC - Hospital Cafeteria WBFH - Womens Bay Fire Hall H/BR - Hospital Board Room MHGR - Mental Health Group Room H/DL - Hospital Doctors= Lounge KODIAK ISLAND BOROUGH WORK SESSION MEE G Work Session Meeting of: please print your name 1. i ++ icc I+ e r5_ 2. Al f A � /� 3. S,-" 17( /0 �0 4. p prdE o N6,4 5. ct. CG f c4 6. 4r'uyVoo4tQ 7. 8. 9. 10. 11. 12. 13. 14. 15. KODIAK ISLAND BOROUGH OFFICE of the MANAGER MEMORANDUM TO: The Honorable Mayor and Assembly of the Kodiak Island Borough FROM: Rick Gifford, Borough Manager it"— DATE: December 14, 2005 SUBJECT: Legislative Discussion List The following is a suggested list for discussion with the Borough's Legislator's at the December 22, 2005 work session: 1. Supplemental budget to address school district's increased utilities 2. Increased funding for school district's to meet increased costs of education 3. Funding for PERS/TRS debt 4. Municipal Revenue Sharing /Community Dividend 5. Capital Improvement Projects — KIB and Rural Communities 6. STIP — Otmeloi Way 7. Funding for Seismic repairs for school buildings 8. Additional funding and/or higher debt reimbursement for school bond projects due to significant construction cost increases as a result of the hurricanes in the southern United States and fuel cost increases. 9. KIB Resolution No. FY2005 -21 urging the Alaska State Legislature to designate the state owned land on Narrow Cape as a permanent public use area administered by the Department of Natural Resources and to ensure that, if the State of Alaska decides to sell or convey the property, the Kodiak Island Borough be granted the "Right of First Refusal ". 10. KIB Resolution No. FY2006 -17 urging the United States Department of Justice and the State of Alaska to reopen the 1991 civil settlement from the Exxon Valdez Oil Spill and claim the full $100 million for mitigation of unanticipated long -term harm. Introduced by: Manager Gifford Requested by: Assembly Introduced: 10/06/2005 Adopted: 10/06/2005 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -13 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 — 2010 AND ESTABLISHING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok, and Old Harbor; and WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010; and WHEREAS, per Borough code, the Kodiak Island Borough Planning and Zoning Commission has recommended approval of the prioritized fiscal year 2006 capital improvement priorities at its meeting, in accordance with Kodiak Island Borough Code 2.40.030E; and WHEREAS, the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance; and WHEREAS, the Kodiak Island Borough is also served by the State of Alaska which maintains highways, roads and other public facilities including the Chiniak Highway, the Pasagshak/Narrow Cape Road, Rezanof.Drive, Mill Bay Road, Monashka Bay Road, Antone Larsen Bay Road, etc.; and WHEREAS, the State of Alaska administers the federal airport improvement program funds for the Kodiak Airport; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's five (5) year Capital Improvement Program (CIP), for FY 2006 to 2010, priorities are as follow: KIBSD SEISMIC REPAIRS AND SCHOOL FACILITY PROJECTS 1. Kodiak Middle School Facility Seismic Upgrades $ 1,636,000 2. Kodiak High School Library/Science Lab Seismic Upgrades $ 545,500 3. Ouzinkie School Facility Seismic Upgrades $ 763,700 4. Kodiak High School Gym Non structural wall seismic upgrade $ 109,000 5. Old Harbor School Earthquake Mtigation Project $ 54,550 (drainage) improtements 54,550 $ 1 6. Kodiak Middle School Seismic Retaining Wall replacement $ 5 7. North Star Elementary School Drainage Improvement 218,200 8. Old Harbor Gym Roof Replacement 218,200 9. Larsen Bay Gym and Old Wing Roof Replacement $ 10. Village Earthquake projects (earth removal around buildings) $ 327,300 Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 1 of 4 11. District Wide - Suspended Ceiling Reinforcement 12. District Wide - non - structural improvements (anchoring systems) 13. District Wide - Emergency Generators Plug and Electrical Panel 14. Building Boiler replacement and fuel tank replacement 15. High School Parking Lot Repaving 16. Middle School Access Road Paving 17. Peterson School Parking Lot Paving 18. Main and East Elementary Over & Under Pedestrian Passes 19. North Star Classroom Addition 20. New Kodiak High School FACILITY PROJECTS TRANSPORTATION PROJECTS 1. Anton Larsen Bay Road Extension to Ice Free Port 2. Sharatin Road Pavement 3. Woodland Acres (3rd -8th Addition) Pavement 4. Lilly Drive Pavement 5. Antone Way Pavement 6. Monashka Bay Boat Ramp & Parking 7. Pasagshak Boat Ramp & Parking 8. Perenosa Drive Construction (600') 1. Mill Bay Beach Access and Recreation Upgrade 2. Island Lake Trail Upgrade 3. Lake Miam /Lake Summitt ATV Trail Improvements 4. White Sands Beach Park Upgrade 5. East Elementary Softball Field Upgrade 6. Bike Path Extensions Study 7. Men's Softball Field 8. All Purpose Field Complex 9. Kodiak Rodeo and State Fairgrounds Improvements Kodiak Island Borough Alaska RECREATION & CULTURE PROJECTS TOTAL 1 Womens Bay Tsunami Shelter 2. Providence Kodiak Island Medical Clinic (KIB Match) 3. NewADF &G Building Construction and ADF &G term lease paKnent 4. Kodiak College CommunityVocational Building (Phase I) 8. Chiniak Tsunami Shelter Addition 9. Armory Relocation Plan and Preliminary Design 10. KIB -Admin Building Renovation and Communication System 11. Maritime Museum Feasibility Study 12. Central Solid Waste Transfer Stations Planning & Design TOTAL TOTAL TOTAL $ 1,636,500 $ 300,000 $ 1,028,290 $ 821,860 $ 1,000,000 $ 48,000 $ 220,000 $ 106,000 $ 3,805,500 $ 67.500.000 $ 80,502,250 $ 636,000 $ 848,000 $ 7,150,000 $ 10,600,000 $ 265,000 $ 265,000 $ 2,517,500 $ 53,000 • $ 318.000 $ 22,652,500 $ 21,000,000 $ 300,000 $ 900,000 $ 300,000 $ 250,000 $ 318,000 $ 318,000 $ 100.000 $ 23,486,000 $ 53,000 $ 65,000 $ 23,000 $ 53,000 $ 25,000 $ 53,000 $ 20,000 $ 825,000 $ 106,000 $ 1,223,000 Resolution No. FY2006 -13 Page 2 of 4 UTILITY & OTHER PROJECTS 1. Landfill Lateral Expansion Design $ 500,000 2. Landfill Lateral Expansion Construction, Closure & Post Closure $ 6,755,000 3. Baler Building Condition Survey $ 31,000 4. Baler Building Roof Repairs $ 100,000 26,500 5. Second Chiniak Tsunami Siren $ 159,000 6. Tsunami Siren Replacement $ 53,000 7. Pasagshak Tsunami Siren 90,000 8. Spare Vertical Turbine Pump - KFRC $ $ 2 5390 ,000 9. Tanker Truck for Bayside Fire $ 265,000 10. Fire Engine for Bayside Fire $ 265,000 11. Construction and Demolition Shredder 65,000 12. Metals Baler $ $ 1 2 265,000 13. Monashka Water $Sewer Design TOTAL $ 9,952,500 KIBSD MAINTENANCE AND OPERATIONS PROJECTS 1. Emergency Communications $ 30,000 75,000 2. Tech Services - UPS Upgrade 00 , 1750 3. Emergency power to District Server room at KMS $ 8 4 00 4. Underground Storage Tank Removal - Villages and Town $ 427,000 5. Maintenance: Install Additional Storage Mezzanine $ 4 70,880 6. Add Storage to back of Building - East Elementary $ 15,000 7. Replace Phone System - East Elementary 5,000 8. Replace Phone System - Peterson Elementary $ $ 3 11 8,000 9. Add Parking - East Elementary 15,000 10. Install New Fire Suppression in Server Room $ $ 1 11 5,000 11. District Wide Security Video Surveillance, Intrusion 43,600 $ 10,000 4 3 12. Replace Rotten Roof on Bridge Over Playground $ 13. Replace Rotten Window Sills $ 2 14. Replace Kitchen Floor 28,100 15. Paint Exterior Of Building - Old Harbor and Akhiok $ 900 16. Paint Exposed Membrane on Gym Roof - Middle School $ 3 13,5 17. $ 18,300 3 8 17. Metal Roofing Upgrade - East Elementary 18. Upgrade Crossing Lights /Flashers -Main Elementary 21,800 19. Install Crossing Lights /Flashers for Safety on Road - North Star $ 130,000 20. Ve Replacement $ 20,000 21. Village Upgrade Energy Lighting (Ouzinkie, Old Harbor, Larsen Bay, Karluk) 50,000 22. Town Upgrade Energy Lighting - (East, Peterson, High School) $ 12,000 23. Repair /Re- commission HVAC Equipment -Middle School $ 24. Vocational Education Equipment Upgrades $ 180,000 25. Technology Upgrades $ 380,000 26. Village Communications IP Phones $ 60,000 27. Fire Alarm Panel Upgrades - (High School, KMS. Auditorium, $ 45,000 East, Karluk) $ 10,000 28. ADA Hearing Impaired Systems District Wide 40,000 29. Fire Alarm Magnetic Door Closures - Middle School $ 30,000 30. Fire Alarm Magnetic Door Closures - East Elementary $ 31. Fire Alarm Magnetic Door Closures - High School $ 60,000 Kodiak Island Borough Alaska Resolution No. FY2006 -13 Page 3 of 4 32. Basketball Court Replacement -Old Harbor $ 21,800 33. Replace Old Wing Roofing - Larsen Bay $ 130,000 34. Floor Finishes in Hallways - Port Lions $ 18,000 35. Replace Floor Finishes Old Wing - Larsen Bay $ 26,160 36. Replace Floor Finishes - East Elementary $ 272,500 37. Floor Finishes - Peterson Elementary $ 272,500 38. Repair, Topcoat and Restripe Parking Lot - High School $ 1,237,172 39. Add Parking - High School $ 250,000 40. Pave Parking and Driveway- Peterson Elementary $ 275,000 41. Repair, Topcoat and Restripe Parking Lot - Middle School $ 45,099 42. Pave Dirt Parking Area -Main Elementary $ 143,880 43. Add Parking and Impro're Access - North Star Elementary $ 1,700,000 44. Shelter Storage at each Building $ 250,000 45. Exterior Door Replacement - District Wide $ 41,000 (East, High School, Audit, Main, Karluk, Larsen Bay) 46. Replace Elevator Controls - Middle School $ 48,800 47. Replace Asbestos Siding on Borough Home - Akhiok $ 23,980 48. Replace Heating Controls - Karluk $ 80,660 49. Interior Finishes (Paint) -Main Elementary $ 98,880 50. Interior Finishes (Paint) -East Elementary $ 103,786 51. Interior Finishes (Paint) - Auditorium $ 167,315 52. Interior and Exterior Finishes (Paint) - Middle School $ 239,000 53. Interior and Exterior Finishes (Paint) - Larsen Bay $ 9,268 54. Interior Finishes (Paint) - Peterson Elementary $ 119,900 55. Interior Finishes (Paint) -High School $ 348,800 56. Replace Exterior Siding - East Elementary $ 228,900 57. Replace Plumbing Piping -East Elementary $ 31,610 58. Interior Finishes (Paint) - Akhiok $ 33,790 59. Interior and Exterior Finishes (Paint) - Karluk $ 65,520 60. Interior Floor Finishes - Karluk $ 32,700 61. Exterior Window Replacement Old Wing - East Elementary $ 147,150 62. Classroom Furniture - District Wide $ 120,000 63. Gym Floor Replacement - High School $ 175,000 64. Village Playground Replacement $ 220,000 65. Village Teacher Housing - Phase 1 $ 1,000,000 (1 Fourplex and 2 Duplexes in the Villages) ATTEST: adt L Jt fith A. Nielsen, CMC'-Borough Clerk Kodiak Island Borough Alaska Je tme M. Selby, Mayo TOTAL $ 11,572,520 section 2: The Kodiak Island Borough administration is hereby instructed to advise the governor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF OCTOBER, 2005 Resolution No. FY2006 -13 Page 4 of 4 Introduced by: Manager Gifford Requested by: Assembly Introduced: 10/20/2005 Adopted: 10/20/2005 Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -15 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006 — 2010 AND ESTABLISHING A RURAL COMMUNITIES CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough represents a community of more than 14,000 people, some of whom are also citizens of the City of Kodiak, and other incorporated communities located throughout the Kodiak Island Borough including Larsen Bay, Port Lions, Ouzinkie, Karluk, Akhiok and Old Harbor; and WHEREAS, a five -year Capital Improvement Program has been prepared by the Kodiak Island Borough for fiscal years 2006 through 2010; and WHEREAS, the Kodiak Island Borough provides for many important roads, services and public facilities serving the Kodiak Island Borough community, either directly or through service areas and contracts for construction and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's Rural Communities five (5) year Capital Improvement Program (CIP), for FY 2006 to 2010, priorities are as follow: Akhlok 1. Backhoe or Front End Loader $ 50,0000 2. Power Stats and Computers $ 40,000 3. New Generator $ 30,000 TOTAL $ 120,000 Larsen Bay 1. Deep Sea Dock Facility $ 5,000,000 2. Replacement Aggregate for Road System $ 100,000 3. Power plant upgrades $ 1,000,000 4. Rock Screener /Separator $ 75,000 5. Equipment Replacement $ 100,000 TOTAL $ 6,275,000 Old Harbor 1. Hydroelectric Power Project $ 4,500,000 2. Water Tank $ 2,000,000 3. Dock and Harbor Improvements $ 3,000,000 4. Airport Improvements $ 450,000 5. Industrial /Economic Development $ 300,000 6. Multi -use Sports field $ 15,000 7. Maintenance Equipment $ 400,000 TOTAL $ 10,665,000 Resolution No. FY2006 -15 Page 1 of 2 Ouzinkie 1. Alternative Energy Wind Generation System $ 250,000 2. Industrial Area Development Replacement Dock $ 5,727,000 3. Heavy Equipment Storage Building $ 250,000 4. Ouzinkie /Kodiak Island Rural Training and Development Center $ 500,000 5. Small Boat Harbor Parking and Access $ 350,000 6. Road Resurfacing, Repair and Rock Crusher $ 3,575,000 7. Landfill Maintenance Equipment $ 100,000 8. Improved Access to Hydro - Electric Plant $ 135,000 9. Fire Hydrant Replacement and Addition $ 100,000 10. Tourism, Recreational and Economic Development $ 100,000 11. John Deere Tractor with Backhoe $ 135,000 TOTAL $ 11,222,000 Port Lions 1. Public Dock Facility $ 5,000,000 2. Water Plant Upgrade $ 669,000 3. City Large Equipment $ 1,150,000 4. Solid Waste Disposal Site $ 350,000 5. Harbor Water Main $ 750,000 6. Road Upgrades and Extension $ 1,150,000 7. Public Safety Building $ 800,000 8. Maintenance Improvement Facility $ 100,000 9. Harbor Building $ 75,000 10. Municipal Building $ 250,000 11. Search and Rescue Skiff & Truck $ 100,000 12. New Subdivision $ 400,000 13. Outer Breakwater Stub $ 3,000,000 14. Boat Storage /Dry Dock Facility $ 650,000 15. Cold Storage Facility $ 250,000 TOTAL $ 14,694,000 Section 2: ATTEST: The Kodiak Island Borough administration is hereby instructed to advise the governor, legislature, and appropriate agencies of the State of Alaska of the Capital Improvement Program and priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF OCTOBER 2005 udith A. Nielsen, u MC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH J some M. Selby, May Resolution No. FY2006-15 Page 2 of 2 KODIAK ISL ND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: December 3, 2005 TO: Borough Assembly THRU: Rick Gifford, or gh Manager Ati FROM: Bud Cassidy�rztor�of Engineering and Facilities RE: 2006 -2009 Statewide Transportation Improvement Program (STIP) I. INTRODUCTION STIP is a program that provides funding to improve roads, intersections, traffic flow and other transportation oriented projects. There is an annual review of the STIP with this year's review deadline on December 31, 2005. For more information on the State's STIP process, visit the DOT web site at http: / /www.dot.state.ak.us. STIP is defined as a "staged, multi year, statewide, intermodal program of surface transportation projects which is governed by the surface transportation regulations and funded primarily with the surface transportation program funds ". STIP projects are reviewed and rated by the Alaska Department of Transportation (ADOT) and approved by the Federal Transit Administration and the Federal Highway Administration. The STIP program is required by Federal law and is funded through the Federal Transportation Bill. Based on ADOT evaluation criteria projects are nominated by the localities and scored by the State of Alaska Department of Transportation and only those projects that receive the highest score are included in the STIP. These projects are then scheduled for construction and funding sources are identified. Some projects like Otmeloi Road (funded to the tune of $3.3 million) are "Earmarks" identified by Congress and do not have to go through the STIP rating process, however they are included on the STIP list. Projects that are funded require a local match. That match varies depending on the project and can require anywhere from a 7 -20% local match. II. KODIAK PROJECTS The following Kodiak projects are listed in the 2006 -2009 STIP: • New Kodiak Marine Terminal • Rezanof "Y" Intersection • Port Lions Road Safety Improvements and Resurfacing • Chiniak "Switchback" Mile 23.7 Improvements • Chiniak Road Rehabilitation • Otmeloi Road • Pasagshak Road Realignment/Upgrade • Rezanof Drive Rehabilitation III. PROJECTS NOT INCLUDED IN THE STIP Some projects are not listed and KIB staff has contacted ADOT to determine why they were not included in the STIP. Our letter to the State will ask that these unlisted projects be included. The unlisted projects are: • Kodiak Roads — North Star bike trails - $1,429,043 • Rezanof Intersection (with Mill Bay Road) Rehabilitation, Lighting and Intersection Safety Improvements - $1,000,000. • CIP projects — Anton Larsen Bay Road to Ice Free Water Because the STIP is only a draft document, these projects may have inadvertently been left off and there are other things in this draft document that need attention. Some of the projects listed have the wrong vicinity maps or the project has been partially completed. IV. OTHER PROJECTS PREVIOUSLY PROPOSED AND NOT ON STIP There have been other projects nominated by KIB staff for the STIP. Many of the projects are Borough road paving projects or intersection work and studies. Though nominated, these projects did not make STIP. There are a few potential projects that should be considered for nomination, most of which have to do with traffic flow. These include: • Make portions of Rezanof Drive a three lane road similar to Mill Bay Road • Create turning lanes at certain intersections (Sharatin, both ends of Woody Way, Cutoff Road, etc) • Create School bus turn-outs along Rezanof Drive • More street lights along State roads V. CONCLUSION The State's review criteria determines which projects are funded through the STIP. This includes state owned and locally owned roads. The state has done a good job of improving the roads that they own. These include the majority of Chiniak Highway, all of Monashka Bay Road to White Sands beach, Anton Larsen Bay Road as far as the golf course and improvements to Pasagshak Road This process also allows local governments to convey their surface transportation priorities. These priorities can center on issues such as road conditions (need for paving or for repair), safety features, traffic flow and intersection type issues. Staff will be talking to ADOT staff and drafting a letter to the State with our comments on the "Draft" STIP has identified above. S7T\H [USE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES REGIONAL DIRECTOR - CENTRAL REGION November 16, 2005 Rick Gifford, Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 RE: Otmeloi Way Rehabilitation Mr. Gifford: TV /lm Sincerely, Crn_frAZ ordon C. Keith, P.E. Regional Director cc: Bud Cassidy, Borough Engineering & Facilities, Kodiak Island Borough FRANK H. MURKOWSKI, GOVERNOR 4111 AVIATION AVENUE P.O. BOX 196900 ANCHORAGE, ALASKA 99519 -6900 (907) 269 -0770 (FAX 248 -1573) (TTY 269-0473) The Department received a $3.3 million general fund appropriation for Otmeloi Way Rehabilitation in the 3006 capital budget. We want to know whether the Kodiak Island Borough is interested in taking over ownership of the road and developing the project. Otmeloi Way, currently a state owned and maintained facility, primarily serves local residents and accesses an elementary school. We propose that the ownership of Otmeloi Way be transferred to the Kodiak Island Borough, along with the $3.3 million in general funds, for the design and construction of the project. This would enable the Borough maximum flexibility in developing the project to meet the community's needs and desires. If the Borough prefers the Department manage the design and construction, we would do so under an agreement with the Borough to accept ownership and maintenance of the road upon the project completion. The agreement would further require the Borough be responsible for any costs that exceed the general fund appropriation. The Department's project manager is Judy Dougherty. She can be reached at 269 -0566 or by e:mail at Judy Doughertyadot.state.ak.us. We look forward to hearing from you in the near future. ECCEIV _ NOV 2 1 2005 KIB MANAGER KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -21 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE ALASKA STATE LEGISLATURE TO DESIGNATE THE STATE OWNED LAND ON NARROW CAPE AS A PERMANENT PUBLIC USE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES AND TO ENSURE THAT, IF THE STATE OF ALASKA DECIDES TO SELL OR CONVEY THE PROPERTY, THE KODIAK ISLAND BOROUGH BE GRANTED THE "RIGHT OF FIRST REFUSAL" WHEREAS, the Alaska Department of Natural Resources (DNR) currently maintains control of State owned land at Narrow Cape on Kodiak Island; and WHEREAS, DNR currently has a land use agreement with the Alaska Aerospace Development Corporation; and WHEREAS, 2,486 Kodiak Island Borough residents signed a petition that opposed closure of public access to state lands at Narrow Cape; and WHEREAS, Kodiak Island Borough residents value the Narrow Cape area and there is a high level of concern that access to this important area be maintained; and WHEREAS, the Kodiak Island Borough is desirous that this land can never be sold and that public use of the area's trails, beaches, and natural resources are to be maintained as a permanently designated public use and recreational use area by DNR; and WHEREAS, the Kodiak Island Borough is desirous of having the "Right of First Refusal" if the State of Alaska ever decides to sell or convey the property; and WHEREAS, the Hatcher Pass area and the Nelchina area have been designated public use areas by the Alaska State Legislature; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Alaska State Legislature designate the state owned land on Narrow Cape as a permanent public use area administered by DNR that prevents it from being sold or closed to public use; and NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that if the State of Alaska decides to sell or convey the property in the future that they give the Borough the "Right of First Refusal" with a five -year time -frame to secure the funds to purchase the property; and NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the existing leases be allowed to continue as long as there is no long -term restrictions to public use by the lease holders. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF APRIL 2005 ATTEST: Je;•me M. Selby, Borough Mayor ii� udith A. N ielse e n CMC, Borough Clerk Kodiak Island Borough, Alaska Introduced by: Assemblymember Bonney Requested by: Assemblymember Bonney Introduced: 04/07/2005 Adopted: 04/07/2005 KODIAK ISLAND BOROUGH Resolution No. FY2005 -21 Page 1 of 1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -17 Introduced by: Mayor Selby Requested by: Assembly Introduced: 11/03/2005 Adopted: 11/03/2005 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING THE UNITED STATES DEPARTMENT OF JUSTICE AND THE STATE OF ALASKA TO REOPEN THE 1991 CIVIL SETTLEMENT FROM THE EXXON VALDEZ OIL SPILL AND CLAIM THE FULL $100 MILLION FOR MITIGATION OF UNANTICIPATED LONG -TERM HARM WHEREAS, on October 9, 1991, the U.S. District Court of Alaska in Anchorage approved a settlement among Exxon, the United States, and the state of Alaska for damages to "natural resources" (publicly -owned wildlife and wild lands) from the Exxon Valdez oil spill (EVOS); and WHEREAS, this settlement included a clause that provided a "Reopener for Unknown Injury, " which states (essentially) that, between September 1, 2002, and September 1, 2006, Exxon shall pay to the Governments such additional sums as are required (up to $100 million) to restore oil- damaged populations, habitats, or species in the spill zone if the injury could not reasonably have been known nor anticipated at the time of the settlement; and WHEREAS, unanticipated long -term harm from the Exxon Valdez oil spill has been clearly and conclusively demonstrated by scientists funded through the EVOS Trustee Council and, separately, through federal and state agencies, universities, and private foundations; and WHEREAS, unforeseen damage includes delayed recovery of: 5 -6 years for pink salmon, about 8 years for black oystercatchers and river otters; and 15 or more years for mussel beds and beach communities, sea otters, and fish- eating areas (from slow replacement of losses after spill); and WHEREAS, unforeseen damage includes species not recovered after 15 or more years such as: harlequin ducks, Pacific herring, pigeon guillemots, harbor seals (from slow replacement of losses after spill), and mammal- eating orcas (from spill losses and impaired reproduction due to high body burdens of PCBs); and WHEREAS, unforeseen damage includes indirect effects to species like black - legged kittiwakes that were not initially harmed by the spill, but were harmed through spill - related loss of prey species such as Pacific herring; and WHEREAS, much of the documented unforeseen damage stems from unexpectedly high levels of spilled oil, which remains buried in the intertidal zone and which NOAA scientists now estimate will take at least another 20 years to naturally degrade; and WHEREAS, all of these long -term damages from oil were completely unanticipated at the time of settlement because the understanding of oil toxicity then held that oil only caused short -term harm at water levels of parts per million, while scientists now realize that oil also causes long -term harm at water levels of parts per billion and trillion: and WHEREAS, because of the scientific finding that oil is more toxic than previously thought, it is critical to educate the public as to this finding and take measures to reduce risk of spills as well as to mitigate lingering harm; and Kodiak Island Borough Alaska Resolution No. FY2006 -17 Page 1 of 2 .$ /0 WHEREAS, none of the three parties to the settlement - Exxon, the federal government or the State of Alaska -have petitioned to reopen the settlement. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly hereby urges the United States Department of Justice and the State of Alaska to Reopen the 1991 Civil Settlement From the Exxon Valdez Oil Spill and Claim the Full $100 Million for Mitigation of Unanticipated Long -Term Harm: and BE IT FURTHER RESOLVED THAT the US Justice Department and the State of Alaska consider, at a minimum, the following potential mitigation projects: Mitigation of lingering harm: 1. Monitor weathering and toxicity of residual oil under beaches 2. Monitor recovery of, and oil contamination in, subsistence foods on oiled beaches 3. Continue to monitor species that hake not yet recovered 4. Establish, and compensate for, cost of unforeseen injury to species 5. Conduct a feasibility study and cohort epidemiology study on cleanup workers whose health may have been impaired by the EVOS cleanup 6. Study of treated and untreated beaches to determine if any treatment methods used during the EVOS cleanup actually worked; i.e., improved recovery of beach ecology over the long -term Public education: 1. Fund an assessment of injured resources through the National Research Council 2. Fund a review and assessment of oil spill cleanup products that are not toxic to humans or the environment through the National Research Council 3. Develop and implement national education programs on new understanding that oil is more toxic than previously thought to humans and the environment (like tobacco industry settlement) Measures to reduce risk of large spills: 1. Endow citizen oversight council for the Trans - Alaska Pipeline System (estimated cost: $25 million) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF NOVEMBER 2005 Kodiak Island Borough ATTEST: Je M. Selby, Borough av�l yob udith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough Alaska Resolution No. FY2006 -17 Page 2 of 2