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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 ASSEMBLY WORK SESSION Work Session of: Ll'la ',901 U Please PRINT your name Please PRINT your name › a G (._ G....,16 ,.,..„A Gn p hebert,t,Ati--ei AA t`c Lei 0'0,, _,--/ ___,-,---f-t- 11? , (7>.— 1 A3rkikb Lou , 5 ge-A le4 u i -3iac at , . T. 4-c.62_ e_. nev Sf Z M G%kel/ '4€2'" tIcut bouteji-e_- 1 )( SSO,• - D1 COA.ct- G Lik- ..d6e ems, K.e,ik Q€)v, c,w Fri:, 6. o l 6(AnD•r\ C L&S4[\ 1- r4 Sifiry KODIAK ISLAND BOROUGH ASSEMBLY WORK SESSION Work Session of: Ll'la ',901 U Please PRINT your name Please PRINT your name 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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(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