2010-04-29 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, April 29, 2010, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. Gravel Lease Contract B1, B2, B3, and B4 -A Tracts, Bells Flats Alaska Subdivision
2. National Pacific Fishery Management Council April Meeting Update - Trevor Brown
3. Review of FY2011 Draft Budget
PACKET REVIEW (Items marked with * are proposed under consent agenda.)
PUBLIC HEARING
Resolution No. FY2010 -33 Authorizing the Approval of a Long Term Lease and Material Sales
Contract With Brechan Enterprises, Inc. For Tracts B1, B2, B3, and B4 -A, Bells Flats Alaska
Subdivision.
UNFINISHED BUSINESS
Contract No. FY2010 -30 Solid Waste Collection Contract.
NEW BUSINESS
CONTRACTS
Contract No. FY2010 -34 Kodiak Auditorium Roofing Project.
RESOLUTIONS
*Resolution No. FY2010 -32 Approving the Village of Karluk and Its Native Village Council to
Participate in the FY2011 Community Revenue Sharing Program.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2010 -01 B Amending Ordinance No. FY2010 -01 to Appropriate Funds for the
Purpose of Providing Information on "An Initiative Creating an Alaska Anti - Corruption Act (Gag
Law)" which will be on the 2010 Alaska Primary Election Ballot.
OTHER ITEMS
Confirmation of the Assembly Appointment to the Service Area No. 1 Board.
*Declaring a Seat on the Planning and Zoning Commission Vacant.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
Kodiak Fisheries Advisor talking points for the North Pacific Fishery
Management Council April 2010 Meeting
The elected officials of the Kodiak Island Borough and City of Kodiak have sent
me as Kodiak's Fisheries Advisor to speak to you today as the Council considers
management options for the Gulf of Alaska Rockfish Fishery.
I am not here today to present a specific position on the Rockfish Program. I am
here to remind the Council that the fishing community of Kodiak is a stakeholder
in the Gulf of Alaska Rockfish Fishery. Like every other stakeholder in these
fisheries, Kodiak expects due consideration be given as the Council deliberates
management measures for the Gulf of Alaska Rockfish Fishery.
The Gulf of Alaska fisheries are the lifeblood of Kodiak. The eight fish processing
plants lining Kodiak's industrial waterfront operate year- round. In addition, two
remote plants on Kodiak Island process fish seasonally. Together, these Kodiak -
based plants employ a large permanent workforce and process roughly 300 million
pounds of product annually.
Kodiak also is homeport to one of the largest and most diversified commercial
fishing fleets in the Northwest with more than 700 vessels, ranging from 28 -foot
jiggers to 110 -foot trawlers and crabbers making up the fleet.
Clearly, the economic health and social welfare of the Kodiak region depends upon
the sustained ability of its residents to harvest and process the marine resources of
the Gulf of Alaska.
Thus, as the Council considers management options for the Gulf of Alaska
Rockfish Fishery and for other Gulf of Alaska species in the future, the Kodiak
Island Borough Assembly and the Kodiak City Council recognize that now is the
time to join together and speak with one voice to protect the socio- economic health
and future of Kodiak as a whole.
Now is the time to remind the Council that the socio- economic foundation of
Kodiak, one of the top three fishing ports in the nation, is built upon the harvesting
and processing sectors of the community.
Now is the time to remind the Council that Kodiak is a major stakeholder in the
Gulf of Alaska fisheries and must be given due consideration as such regarding all
Gulf of Alaska management decisions.
And now is the time to remind the Council that the Magnuson- Stevens
Reauthorization Act states that "Conservation and management measures shall be,
consistent with the conservation requirements of this Act ... take into account the
importance of fishery resources to fishing communities by utilizing economic and
social data ... in order to (A) provide for the sustained participation of such
communities, and (B) to the extent practicable, minimize adverse economic
impacts on such communities."
Representing the elected officials of Kodiak, I urge the Council to scrutinize the
Gulf of Alaska Rockfish program. Kodiak's wellbeing depends on the Council to
conduct a thorough analysis of the socio- economic impact of fishery management
programs on the Kodiak region, including our small rural communities. Kodiak's
future depends on the Council to take action on management plans that ensure
Kodiak continues to thrive as the robust marine resource -based community that it
has been for thousands of years.
June 7, 2010
Sitka, AK
October 4. 2010
Anchorage, AK Captain Cook
December 6, 2010
Anchorage, AK Hilton Hotel
Joint Protocol Committee (T)
SSL Biological Opinion: Review and comment (T)
SSL Measures: Action as necessary
SSL Measures: action as necessary
Am 91 Proposed Rule: Review
Research Priorities: Finalize
AM 80 GRS program: Report and action as necessary
Annual AFA Reporting Requirements: Initial Review (T)
BSAI P.cod Split: Discuss planlaction as necessary (T)
GOA P.cod sideboards for crab vessels: Initial Review
GOA P.cod sideboards for crab vessels: Final Action
P.cod Jig Fishery Management: Discussion Paper (T)
GOA Halibut PSC Discussion Paper: Preliminary Review
GOA Halibut PSC Discussion Paper: Review disc. paper
CQE area 3A D class purchase: Initial Review
CQE area 3A D class purchase: Final Action
CQE in Area 413: Review Discussion paper
Am 80 Lost Vessel Replacement: Final Action
Area 4B D shares on C vessels: Initial ReviewlFinal Action
Four new CQE eligible communities: InitiallFinal Action(T)
CGOA Rockfish Program: Final Action
Electronic Monitoring Research: Receive report
Observer Program Restructuring: OAC report; Initial Review
Observer Program Restructuring: Final Action
BSAI Crab ROFR: Initial Review
BSAI Crab ROFR: Final Action
BSAI Crab Rationalization 5 -year review' Receive report
BSAI Crab Emergency Relief: Initial Review
BSAI Crab Emergency Relief: Final Action
Economic Data Collection: Review discussion papers
Al P.cod Processing Sideboards: Initial Review
BSAI Chum Salmon Bycatch: Review Disc paper; finalize alts.;
Outreach Update
BSAI Chinook salmon bycatch EDR: Review regulations and forms
Salmon Bycatch Genetics' Receive update on research
Arrowtooth Flounder MRA' Initial Review
Arrowtooth Flounder MRA: Final Action
GOA Chinook Salmon Bycatch: Discussion paper
GOA Tanner Crab Bycatch: Final Action
BBRKC Spawning Area /fishing effects: Discussion paper (to Feb.)
BSAI Crab SAFE: Review and Approve
BSAI Crab ACLs /snow crab rebuiliding: Initial Review
BSAI Crab ACLs /snow crab rebuiliding: Final Action
Pribilof BKC Rebuilding Plan: Initial Review
Pribilof BKC Rebuilding Plan: Final Action
Sablefish Recruitment Factors: Discussion Paper (T)
Alaska MPA System Briefing: Review
MPA Nomination Discussion Paper Review
Scallop ACLs: Initial Review
Hagemeister Island: Initial Review
Hagemeister Island: Final Action
Scallop ACLs: Final Action
Groundfish Tier 6 methodology discussion (SSC Only)
Groundfish Specifications: Receive Plan Team Reports
Groundfish Specifications: PT reports; Approve SAFE;
Adopt Proposed Catch Limits
Adopt Final Catch Limits
HAPC: Review Proposals for Analysis
EFH Amendment: Initial Review (T)
DRAFT NPFMC THREE - MEETING OUTLOOK - updated 4/20/10
ACL - Annual Catch Limit
Al - Aleutian Islands
GOA - Gulf of Alaska
SSL - Steller Sea Lion
BKC - Bue King Crab
BOF - Board of Fisheries
FEP - Fishery Ecosystem Plan
COQ - Community Development Quota
VMS - Vessel Monitoring System
EFP - Exempted Fishing Permit
BiOp - Biological Opinion
MRA - Maximum Retainable Allowance
PSC - Prohibited Species Catch
TAC - Total Allowable Catch
BSAI - Bering Sea and Aleutian Islands
IFQ - Individual Fishing Quota
ROFR - Right of First Refusal
GHL - Guideline Harvest Level
EIS - Environmental Impact Statement
LLP - License Limitation Program
SAFE - Stock Assessment and Fishery Evaluation
MPA - Marine Protected Area
EFH - Essential Fish Habitat
HAPC - Habitat Areas of Particular Concern
Future Meeting Dates and Locations
June 7 - , 2010 in Sitka
Oct 4 -, 2010 in Anchorage (Captain Cook)
Dec 6- 2010 in Anchorage Hilton
January 31- February 8, 2011 - Seattle
March 28 -April 5, 2011 - Anchorage
June 2011 - Nome
September 26 -, 2011 in Unalaska
(T) Tentatively scheduled
Rockfish Program
At the April meeting, the Council conducted an initial review of the Central Gulf of Alaska
rockfish analysis and released it for public review. The Council, by striking specific options and
the catcher processer limited access alternative, suggested that it would not include these as
part of its preferred alternative during final action. Specific analysis associated with most of the
stricken provisions will remain in the public review analysis, however, should the Council elect to
revisit those provisions or the alternative in its preferred alternative. Finally, the Council modified
several options under consideration and added a few new options for consideration. The more
significant modifications and additions include:
❑ Inclusion of an option to allocate 1.5 to 5 percent of the TAC to harvesters that participated in
the pilot program entry level fishery. Distribution of this allocation amongst those that qualify
would be either: 1) in proportion to the number of years a license was used to make a delivery
to an entry level processor from 2007 to 2009, or 2) equally to all eligible entry level license
holders.
❑ Expanding the shore based processor cap to include 10 percent with a provision that would
adjust the cap and the grandfather amount in the event a grandfathered processor is not
available for processing or the cap might prevent fully processing rockfish catch.
❑ Exempt catcher vessels that participated in the West Yakutat rockfish fishery in 2006, 2007,
and 2008 and participated in the entry level pilot fishery for a least one year, from a sideboard
prohibition on directed fishing for West Yakutat primary rockfish species. Exempt vessel will be
side boarded at their catch history from 2006 -2008. An option to opt -out of the rockfish program
is also included for vessels that qualify for an allocation of shares due to participation in the
entry level pilot program.
A revised copy of the elements and options is provided on the Council website. The Council has
scheduled final action for the rockfish program for the June Council meeting. Staff contacts are
Mark
Fina and Jon McCracken.
GOA Chinook Bycatch
The Council reviewed a draft discussion paper on Chinook salmon bycatch in the GOA
groundfish fisheries, and asked that it be revised and expanded. The revised paper will update
and map bycatch patterns in the groundfish fisheries, and will discuss what would be required to
implement full retention of salmon in the GOA groundfish fisheries. Background information will
also be expanded with respect to Chinook salmon stock assessment data, environmental
variables affecting the abundance of salmon, stock of origin information, and the limitations of
using GOA observer data for inseason management of Chinook bycatch. The Council will also
request NMFS to accelerate analysis of GOA Chinook salmon bycatch samples, which can be
used to help identify stocks of origin. Staff contact is Diana Evans.
c
GOA Tanner
Crab Area Closures
The Council reviewed an analysis to close areas around Kodiak Island to the groundfish fishery
to protect Tanner crab. Four areas are proposed for closure, all on the northeastern side of
Kodiak Island. The alternatives include options to apply the closures year -round or seasonally,
and to different gear types. Additionally, some vessels may be exempted from the area closures
if they meet specific conditions such as using approved gear modifications, or a 100% observer
coverage requirement. At this meeting, the Council clarified the problem statement, modified the
alternatives, and requested additional information to be included in the analysis. The primary
changes to the alternatives are the following:
❑ limit the gear types that may be affected by the closures to trawl and pot gear (by removing
longline gear from the analysis);
❑ clarify that the areas in the analysis may be selected individually at final action;
❑ expand the boundary of the Marmot Bay closure; and
❑ modify the option to exempt vessels from the closures: pot
vessels must meet a 30% observer coverage requirement, trawl vessels must meet 100%
coverage requirement.
Additional information to be addressed in the analysis, to the extent that data allows, will include
mapping the distribution of Tanner crab abundance in the proposed area closures, using VMS
data to see how many unobserved vessels may be fishing in the closed areas, effects of
displacing vessels on catch per unit effort of target fish and bycatch of other prohibited species,
sex and age composition of Tanner crab bycatch, and differing definitions used to enforce
nonpelagic trawling prohibitions in Federal and State waters. Once the Council's requested
changes are made, the analysis will be released for public review, with final action scheduled for
the October 2010 meeting. The revised alternatives are also available on the Council website.
Staff contact is Diana Evans.
KODIAK ISLAND BOROUGH
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4 •
DATE: April 29, 2010
TO: Borough Mayor and Assembly
THRU: Rick Gifford, Manager
Woody Koning, E/F Director
FROM: yKen Smith, Project Manager
RE: Projects Status Report
CURRENT PROJECTS STATUS:
KODIAK ISLAND BOROUGH
ENGINEERING /FACILITIES DEPARTMENT
710 Mill Bay Road
Kodiak, AK 99615
(907) 486 -9341 Phone (907) 486 -9394 Fax
ksmith(5 kodiakak.us
MEMORANDUM
BAYSIDE FIRE STATION ADDITION
Dowland Construction is nearing completion of the Bayside Fire Station. The building shell is complete and
subcontractors will complete mechanical, sprinkler and electrical rough -in next week. Interior finish is
underway. Final grading is scheduled for next week. The project is currently scheduled for completion in May.
NEW KODIAK POOL
All of the items on the "punch list" have been resolved. Nine additional lockers for the ladies locker room are
on order and will be installed upon arrival. With that exception, all that remains is closeout paperwork.
Woody's stump farm on the northeast corner of the lot will soon take on a new look with planting of limited
landscaping in the area.
C: \Documents and Settings \wkoning \Local Settings \Temporary Internet
Files\ Content .Outlook \E4EJ4QHT \Project Status Report 100429.docx
OLD HARBOR GYM ADDITION
Wolverine Supply is making progress on the project.
Framing is complete. Siding is scheduled to arrive next
week. Mechanical and electrical subs are completing
rough -in. Poor and shoddy workmanship by the
contractor during the original construction is the cause
of a major structural deficiency that was discovered
during the repair of some of the roof trusses in the Gym.
The A &E's are currently working on a solution to the
problem. This will cause a delay in the installation of the
new gym floor and increased costs to the project. A cost
estimate will be forthcoming when engineering is
complete.
NEW ADF &G FACILITY
ECI /Hyer is nearing completion of the Design Development phase of the design work. Site survey and
geotechnical investigation have been completed. The re -plat of the property as required by the City of Kodiak
to transfer ownership of the property for the new facility to KIB is currently pending approval. The design is
scheduled to be completed in September and with approval of funding, construction could start early in
2011.
AUDITORIUM ROOF REPLACEMENT
Five bids were received and opened on April 7 for the replacement of the Auditorium roof. Jay Brant was the
low bidder and a contract in the amount of $635,679, below the engineers' estimate. Work will proceed in
early June pending approval of contract.
WOODLAND ACRES PAVING
Brechan Enterprises completed paving on Sharatin Road last fall. Puffin, Curlew and Gull will be completed
when the asphalt plant becomes operational expected mid June.
KHS UNDERGROUND FUEL TANK REMOVAL AND REPLACEMENT
Approximately 1,500 cubic yards of contaminated soil remains in stockpiles on the Boro Hill / KHS site. Tellus,
Inc. has completed the work plan which has been submitted and received prelim approval from ADEC. A
contract has been awarded to B &R Fish for trucking and placement of the contaminated material for
C: \Documents and Settings \wkoning \Local Settings \Temporary Internet
Files\ Content .Outlook \E4EJ4QHT \Project Status Report 100429.docx
We are here today to talk about the upcoming contract with the
current leaseholder of the gravel mining pits in Bells Flats. A meeting
was held at the fire hall last Tuesday, the 20th of April, to discuss our
concerns.
As residents and neighbors, we have been directly impacted by the
borough's lack of response or action to the questions and concerns
regarding the safety, pollution, and environmental impact of the
gravel mining operation on the families living near the pits.
Maybe an extended contract is inevitable. If this is so, there is a
responsibility on the behalf of the borough to mitigate the impact on
the residents by implementing "good neighbor" safety and operational
regulations as part of the new contract. We as a community have the
following concerns:
Safety is a major concern
People and pets have died in the gravel pits. And our neighbor Pat
was hit by a gravel truck speeding out of pit 2 last summer, breaking
both her back and ribs. And the current leaseholder has business
practices that require their drivers to drive fast. At our meeting last
week, a former employee explained how it works: Each truck
documents the number of loads of gravel it carried. If 10 drivers run
19 loads that day and you only run 17, you aren't going to work the
next day. In order to facilitate their speeding, they have a sort of half
road coming out of the pit that is still halfway in the regular road.
Frequently they do not even look before turning. Near misses by
these trucks speeding out of the pit are common. Pat, the lady who
was hit while walking her dog, says she can't believe the speeds they
reach when passing her house, and she lives right by the entrance to
the pits. We need a stop sign at pit 2, as well as a gate at the
entrance.
In conversations with a State Trooper last week regarding about
pedestrian safety on Middle Bay Road and he advised us that "It is
far too dangerous to walk and bike these roads ". This is
unacceptable. We don't want to wait until 7 or 8 at night to walk the
dog or for our kids to bike to a friend's house.
Noise and air pollution:
The noise, fumes and dust generated by the gravel pit need to be
addressed. We would like to be able to open our windows in the
summer without the constant noise and pollution of large construction
trucks and rock crushers. If you live nearby, it sounds like a stock
car race, running all day long, every day of the week. Add to this the
diesel fumes and dust. Any future contracts should include an
enforced schedule of operation defining normal business hours (8 -5,
M -F) in which the gravel pits are allowed to be in operation.
Another major concern of the residents is the dust. Bells Flats Road
hasn't been paved because the gravel trucks use it yet the trucks
cause tons and tons of dust. This has resulted in disease. For
residents to enjoy their property in health and safety, proper
measures need to be taken to reduce the dust. These measures
need to be regularly implemented, rather than being addressed only
after residents complain. And when residents complain to the
borough, it needs to be documented and responded to.
Calls of complaint last summer to the borough and the current
leaseholder are required by law to be reported to the DEC. When we
spoke to the DEC, they stated that they had not received any reports
of complaint from the Kodiak Island Borough, ever. Where is the
accountability?
Water Quality & Quantity
Also, we hear repeatedly that water quality or quantity is not an issue.
If this is true, we would like it to be a part of the new contract. There
are places in the state where operations such as these have affected
the water. Gravel pits lower the localized water tables and affect the
aquifers, depleting the wells, contaminating drinking water. Gravel
dredging may also change the direction and way that water flows, so
we need more than just the Borough Assembly's good faith
prediction that this will not happen here. One of big property value
issues in Bell's Flats is whether a home has good water quality and
pressure. Changing the water table in the gravel pit is a valid issue
that could affect a large percentage of the properties in the vicinity of
the pits.
Salmon in the river?
And can someone please tell us what is going on with the salmon in
the river? The water level in the Russian River extremely low to non-
existent where it runs next to the gravel pit, and according to ADF &G
it has been low for the past eight years; requiring more and more
runoff to replenish it. Have any studies been done to determine how
deeper dredging will affect the river? And the salmon? There seems
to be an abundance of salmon in the new little river that is inside of
the pit and an absence of salmon in the main Russian River. What
will happen with fifteen more years of dredging?
Many residents remember 15 years ago when the assembly
promised them the pit would close in 5 years, and the area would be
converted to lakes and parkland. People bought property and the
construction of many new homes took place based on this
information. The fact that this has not come to pass is not the fault of
the residents who believed the borough and invested in property and
are now paying taxes on it. And who are concerned about our
property values, our quality of life and about a long term contract that
will directly affect them both.
Financial accountability & future plans
The value of property taxes far outweighs the value of gravel sales.
The leaseholder bargaining for a long term contract so that they can
buy private equipment for private profit means that the borough is
essentially subsidizing the leaseholders private enterprise. How is
that legal?
In 2008 & 2007 the borough estimated an income of $40,000 in
gravel sales, and received only $23,835 (2008) & $16,159 (2007).
And this is for gravel that is rated to last for only five year roads,
rather then ten year roads, which is what we would get if we brought
in gravel from off island.
Add to this the fact that we just received a notice that the Women's
Bay Comprehensive Plan road service budget summary in which they
have requested an increase from 1 /2 mil to 2.5 mils for road service
budget.
So now the taxpayers in Bells Flats will be expected to pay for the
excessive maintenance and repairs caused by constant heavy gravel
laden trucks degrading our roads.
In 1978, the costs of the gravel were based on covering the cost of
the borough's administrative costs for handling the leases. At that
time the cost was established at 25 cents a yard. Today the cost has
only increased to 1.25 a yard. So why is there so little profit and so
much cost to the community? Where is the accountability of the
borough to the taxpayers?
The gravel in these pits is not an infinite resource, and it seems the
borough is not even considering the other locations listed in the
gravel study. What the policy seems to be to focus on the Bells Flats
pits to the exclusion of all other options because it is convenient for
the current leaseholder.
We want to be able to walk our dogs, ride our bikes, barbeque
and garden in the summertime. We pay high property taxes and
deserve some peace and quiet. The borough has encouraged the
residential growth, and now must take into account our right to
peacefully enjoy our properties. Pit operation hours of 8 -5 Monday
thru Friday should be sufficient, while we have our evenings and
weekends to enjoy our properties.
We understand the need for local gravel, but not to the extent that
people are being injured or killed, children are suffering disease, and
we are unable to walk down our roads at risk of severe injury.
We have been told that we need to give the current leaseholder
a `t'i year contract so that they can afford the new equipment to
dredge deeper into the gravel pit. But our question is, where are the
funds from the profits that have come from the cheap source of local
gravel that they have already been mining for the past forty years?
WE WANT, a year to year lease to encourage competition
and keep leaseholders interested in being good neighbors.
WE WANT, the Borough to keep residents informed, and
to end the secretive processes.
THE STATE LAW DEMANDS, a reclamation plan on file,
and funded before mining takes place.
WE WANT, answers to our questions and concerns, with
regular, timely communication.
WE WANT, noise level standards
WE WANT, a true estimate of the amount of gravel
remaining, and the time frame to mine the remaining gravel.
WE WANT, to be informed on the impacts on wells, septic
systems and foundations backed up by actual testing.
WE WANT, dust control measures that work, maybe a
water truck that works the route on every dry day, with the
leaseholder of the pit paying for this service.
WE WANT, leaseholders to adopt business practices that
encourage drivers to go the speed limit at all times, and not just
before the lease renewal. Maybe summertime speed bumps, or
the assurance that if we take down their license plates, they will
be banned from working in the neighborhoods. Our residents'
safety should be the top priority.
WE WANT, hours of operation to be 8 -5 Mon -Fri, because
everyone deserves to have peace and quiet in the evenings and
weekends to enjoy our properties.
WE WANT, the entrance of pit 2 to be modified with a stop
sign and notification to all drivers (Brechan employees,
subcontractors and state employees) to STOP, LOOK, and drive
safely at all times!
We also request that brush be cut to allow view of all 3 roads, to
protect the safety of oncoming residents and people around the
corner who might be walking their dog. We also want a good
gate at the entrance similar to the ones in Fort Abercrombie.
WE WANT, a guarantee from the Borough assuring the
protection of our water quality and quantity.
WE WANT, the protection of our salmon streams to be a
priority of the Borough Assembly.
WE WANT, a guarantee that current leaseholder has no
intention of bring in bigger, louder equipment.
WE WANT the Borough Assembly to find, and secure the
next source of gravel before the current source runs out, local
or imported.
WE WANT, the current leaseholder to come into
compliance with the past and existing contracts by putting
berms in place where they border people, even if it is in the form
of a wall or evergreen hedge. There is a Zoning ordinance that
requires a wall.
To date, our trusting nature to the words and promises of the
past assemblies have fallen very short of reality. We want our
safety, our health, and the ability to peacefully enjoy our
properties to be a priority for the Borough, shown through
action, not just words!
We don't want to have to constantly be overseeing the
leaseholder.
This is the cost of conducting a dangerous industrial business
in a residential neighborhood.
We hope the Assembly doesn't have plans to fast track this
contract. We need time to review and work out issues, not just
get a three minute statement at a Borough meeting, with
minimal time frame for public comment in a rush to award a
contract quickly and quietly.
Past contracts have completely omitted the safety and health of
the residents of Bells Flats, with devastating consequences, and
this is unacceptable.
Our safety has been unreasonably ignored by the borough and
by a company whose business practices disregard the safety of
residents.
Furthermore, any assembly member with anything but the most
minimal of business dealings with Breachan Enterprises should
follow borough procedure and recuse themselves from voting
on this contract due to conflict of interest.
We need people we can trust to make these
important decisions. Thank you for your attention to these
important matters.
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April 29, 2010
Dear Assembly Members,
BRECHAN ENTERPRISES, INC / GENERAL CONTRACTORS
2705 MILL BAY ROAD • KODIAK, ALASKA 9961 5
During a 2009 assembly session, you asked your staff to negotiate a long -term gravel lease with Brechan
Enterprises, Inc. (BEI), and I am pleased to announce that they have accomplished your goal.
As recognized by you, this partnership allows for an important resource to be extracted, while balancing the
needs of the Kodiak Community. This lease agreement also exhibits BEI as a major, local, economic force.
This limited gravel source is important for the supply of asphalt and concrete aggregate to the Kodiak
Community, and with this partnership, the Borough will be fairly compensated for the extraction.
The Borough Staff and BEI took into consideration community concerns including: noise, dust, habitat,
reclamation, hydrology, compensation, as well as SWAPP, ADEC, EPA and ADF &G regulations. During these
negotiations the Borough used resources from: ADF &G Sport Fish, ADF &G Habitat, engineers specializing in
hydrology, gravel quarry extraction and storm water protection prevention. In addition, the Negotiation
Team, Rick Gifford, Bob Scholze and Bud Cassidy, worked with the support of the Borough Attorney, Finance
Director and the Borough Assessor.
The negotiation was a combination of research, facts, costs, the balance of needs, community and
environmental protection, and fairness for all parties involved. It is important to note that the finalized
agreement includes compromises from both the Borough and BEI.
Our company is aware of the many difficult issues concerning this mining operation; please know that these
concerns have not gone unheard, and as members of this community, we will continue to work with our
neighbors to do what is best for all. My hope is that you will recognize the importance of this partnership,
and know that this is a reasonable and fair agreement.
Brechan Enterprises, Inc. is proud to be an important part of the Kodiak Community, and we appreciate the
opportunity to work with our neighbors on such an important issue.
Respectf ully,
-4?14 / qd
Michael Martin
President
PHONE: 907.486.3215 • FAX: 907.486.4889
ALASKA BUSINESS #001 858 • ALASKA CONTRACTORS #AA441
We Are An Equal Opportunity Employer