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2020-01-16 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 16, 2020, 6:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 11 A. *Regular Meeting Minutes Of December 19, 2019 2019-12-19 RM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 12 A. Stalking Awareness Month Proclamation STALKING AWARENESS 2020 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.tacebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 93 Page 1 of 53 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13-22 A. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. Output Document (AS - 1099) - Pdf 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 13.C. Ordinances for Introduction 23-29 1. Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. Outaut Document (AS - 1106) - Pdf 13.D. Other Items 1. * Releasing Prior Memos Regarding The Process For Loans Or Grants From The Facilities Fund: • 1994 Jamin, Ebell, Bolger, & Gentry • 2012 Wohlforth, Brecht, Cartledge and Brooking • 2014 Levesque Law Group, LLC 30-31 2. * Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Borough Invite to Dunleavv 32-33 3. * Public Comment Letter Regarding Humpback Whale Critical Habitat Designation Public Comment Letter for Humpback Whale Critical Habitat Designation 34-38 4. *Confirmation of Mayoral Appointment to the Parks and Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.tacebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us In Page 2 of 53 Recreation Committee (Mr. Jordan) PARKS AND REC 2020-01-09 Jordan 39-40 5. *Confirmation of Mayoral Appointment to the Planning and Zoning Commission City Seat (Ms. Harrington) PLANNING & ZONING 2020-01-10 Harrington 41 -43 6. *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board Construction Business Representative Seat (Mr. Hogen) SWAB 2020-01-06 Hoaen 44-46 7. *Declaring A Seat Vacant On The Architectural / Engineering Review Board (Mr. Steven Neff). ARB Roster 2019-12-18 Neff Resianation 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 18.13. Reports 47-53 1. December Projects Reports December 2019 Projects Report Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.tacebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us 93 Page 3 of 53 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting December 19, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on December 19, 2019 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes Of December 5, 2019 were approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizen's comments: • Major Dave Davis • Duncan Fields • Kent Cross AWARDS AND PRESENTATIONS Assembly received a presentation from Executive Kodiak. Director, Aimee Williams from Discover Assembly received a presentation from Community Outreach Coordinator for Prince William Sound Regional Citizens' Advisory Council (PWSRCAC), Betsi Oliver - PWSRCAC Regarding Notice of Public Scoping: Alaska Department of Environmental Conservation Oil Discharge Prevention and Contingency Plan Requirements. Assembly received a presentation from Bayside Fire Department Chief, Chief Howard S. Rue III, EFO. COMMITTEE REPORTS • Assembly Member James Turner gave an update on the Consolidation Committee and Providence Health System Service Area Board. • Assembly Member Skinner gave an update on Fisheries Workgroup. Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 1 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 4 of 53 AGENDA ITEM #5.A. • Assembly Member Dvorak gave an update on the Solid Waste Advisory Board. PUBLIC HEARING • Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. DVORAK moved to adopt Ordinance No. FY2020-11 the Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS None. Mayor Roberts closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. • Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. Arndt moved to adopt Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. The objective of this ordinance is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent". Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS None. Mayor Roberts closed the public hearing and convened the regular meeting. Skinner Moved to amend Section 1 to read: This ordinance is of a general and limited nature and shall become a part of the Kodiak Island Borough Code of Ordinances and shall sunset on June 30, 2020. ROLL CALL VOTE ON MOTION TO AMEND SECTION 1 FAILED THREE TO FOUR: Kavanaugh, Skinner, Symmons (AYES); Dvorak, Schroeder, Turner, and Arndt (NOES). ARNDT moved to amend line 42 striking "to the Exxon Valdez Oil Spill Trustee Council." Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 2 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 5 of 53 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION TO AMEND LINE 42 CARRIED SIX TO ONE: Kavanaugh, Schroeder, Symmons, Turner, Arndt, Dvorak (AYES); Skinner (NO). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner (NO), Symmons, Turner, Arndt, Dvorak, and Kavanaugh. BOROUGH MANAGER'S REPORT • Met the new Alaska Waste Manager for Kodiak. • Followed up on removal of 2 trees identified as potential problems. • Assisted Bayside Fire for their Annual Dinner. • Met with local, state and federal officials regarding Saltery trail project. Worked on recipient, administration and timing. • Met with staff and conversed with the Borough Attorney on several personnel matters. • Met with KIBSD, staff and architect on various school projects including the Auxiliary Gym. • Met with Department Heads regarding upcoming budgets. • Talked with Jana Turvey, Leisnoi, regarding "1713" easements. • Attended Agenda Setting and worked through upcoming agendas and other issues. • Reviewed Governor's Budget and discussed impacts with our lobbyist and KIBSD. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts spoke about holiday festivities. UNFINISHED BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer (DPO). Assembly Member Kavanaugh nominated Assembly Member Skinner as DPO. Assembly Member Turner nominated Assembly Member Arndt as DPO. Assembly Member Skinner received a majority vote of the Assembly and was elected DPO. NEW BUSINESS Contracts 1. Contract No. FY 2020-12 for a 4 -year contract with Eurofins d/b/a Test America for Landfill Analytical Services. ARNDT moved to Approve Contract FY 2020-12 with Test America Kodiak Island Borough Facilities Landfill Analytical Services Contract. This contract is for laboratory services provided to Kodiak Island Borough Landfill. These services include sampling that is required for various permits and Alaska state regulations. Samples must be analyzed at a laboratory that is certified by ADEC or an approved National Environmental Laboratory Accreditation Program (NELAP) certified laboratory. Approved laboratories have established that they have the ability to implement a quality control program in accordance with the appropriate federal or state regulations or statutes. Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 3 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 6 of 53 AGENDA ITEM #5.A. The Landfill Analytical Services Contract is currently with ARS Analytica which is due to expire December 31, 2019. The Kodiak Island Borough Engineering & Facilities Department (KIB EF Dept.) went out to bid for a new Landfill Analytical Services Contract on October 4, 2019 and was open/advertised until November 1, 2019. During that time, we only received two full bid packages; one from Eurofins d/b/a Test America and one from SGS North America, which are both certified/approved laboratories. Eurofins total bid came to $250,623.00 for the entire 4 -year contract. SGS North America total bid came to $375,100.00 for the entire 4 -year contract. KIB EF Dept. reviewed both bids with JACOBS (CH2M Hill) consultants to make sure both bids were complete and addressed our compliance needs with ADEC. This contract is scheduled to begin on January 1, 2020. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. 2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the KIBSD Auxiliary Gymnasium ARNDT moved to authorize the Manager to Execute Change Order No. 5 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $50,884. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the KIBSD Auxiliary Gym project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD is going to manage the design and construction process for this project but will be paying for the design costs through the Borough's term contract with Jensen Yorba Wall. ROLL CALL VOTE ON MOTION CARRIED: Symmons, Turner, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the North Star Elementary Siding Project. DVORAK moved to authorize the Manager to Execute Change Order No. 6 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $53,031. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the North Star Elementary Siding Phase 1 project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD will be providing funding for this project through their available fund balance. KIB is going to manage the design and construction process. Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 4 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 7 of 53 AGENDA ITEM #5.A. The scope of this project is removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The siding and windows around the whole school are also experiencing deterioration, but due to schedule concerns Phase 1 of this project is focused on completing the gym exterior in summer 2020. This design change order includes schematic level design and a cost estimate for replacing siding and/or windows around the balance of school which would be considered Phase 2. Phase 2 work would occur in summer 2021 at the earliest. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. Resolutions Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Borough School District for Major Maintenance and Construction Projects. ARNDT moved to adopt Resolution No. FY2020-17 for the MOA for Major Maintenance and Construction Projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. 2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project. ARNDT moved to adopt Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroder, Skinner, Symmons, Turner, and Arndt. Ordinances For Introduction 1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ARNDT moved to advance Ordinance No. FY 2020-12 version 1 to public hearing. After the last regular meeting on August 15th, the Clerk's Office was asked to research the current Borough policy on Assembly member attendance. Specifically: • If Assembly members could be "excused" if they missed a meeting for work purposes • If there was anything in the code defining good cause or giving guidance/criteria in regard to when the Assembly should excuse an absence or not • Are there legal opinions on what constitutes a "meeting" for purposes of determining if an Assembly member has missed half of the meetings in a one-year period Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 5 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 8 of 53 AGENDA ITEM #5.A. After reading the KIB code and consulting with the former Borough Clerk and the Borough's lawyer, Scott Brandt -Erichsen, I have come to the following conclusions: here are currently no criteria defining good cause or giving guidance in regard to Assembly member absences. KIB code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31 st, the seat shall be automatically vacated. • There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members' absences from meetings which was reinterpreted by our lawyer, Scott Brandt - Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough's possession and only the minutes and packets are available for interpretation. Mr. Brandt -Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt -Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. Regarding the excused versus unexcused issue, Mr. Brandt -Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. SKINNER moved to amend by substituting version 2. DVORAK moved to postpone Ordinance NO. FY2020-12 to the next Assembly Regular Meeting of January 16, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO TWO: Kavanaugh, Schroeder, Skinner, Symmons, and Dvorak (AYES); Turner and Arndt (NOES). Other Items 1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kodiak's Historical Salmon Fishery. SKINNER moved to approve a letter of support for Kodiak Salmon Workgroup Advocacy to maintain Kodiak's historical salmon fishery. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. CITIZENS' COMMENTS Kodiak Island Borough December 19, 2019 Assembly Regular Meeting Minutes Page 6 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 9 of 53 AGENDA ITEM #5.A. The following spoke under citizens' comments: • Kent Cross • Ron Kavanaugh ASSEMBLY MEMBERS' COMMENTS • Assembly Member Arndt wished everyone a Merry Christmas and Happy New Year. • Assembly Member Dvorak wished everyone happy holidays and praised Chief Rue. • Assembly Member Turner wished everyone happy holidays and thanked chief Rue. • Assembly Member Schroeder thanked everyone for attending meeting and wished a happy holiday to all. • Assembly Member Skinner thanked Chief Rue. • Assembly Member Kavanaugh wished happy holidays. • Assembly Member Symmons thanked Chief Rue. Announcements The next Assembly work session is scheduled for Thursday, January 9th, at 6:30 p.m. in the School District Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, January 16th, 2020, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. ARNDT moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting at 10:00 p.m. and convened the executive session. SKINNER moved to extend the executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 11:00 p.m. and announced that no action was taken as result of the executive session. ADJOURNMENT KAVANAUGH moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 7 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 10 of 53 VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 11:00 p.m. ATTEST: Tara Welinsky, Borough Clerk Kodiak Island Borough December 19, 2019 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH William Roberts, Mayor Approved on: Assembly Regular Meeting Minutes Page 8 of 8 *Regular Meeting Minutes Of December 19, 2019 Page 11 of 53 O ce fthe CUgor GV,oakk c7slaamd (:5&Fr6 _q -h, Alaska �oc1'��tior� DECLARING JANUARY 2020 AS NATIONAL STALKING AWARENESS MONTH WHEREAS, under the laws of all fifty states, the District of Columbia, and federal government, stalking is a crime; and WHEREAS, 7.5 million people over the age of 18 are stalked each year in the United States, and nearly 75% of victims are stalked by someone they know; and WHEREAS, three in four women killed by an intimate partner had been stalked by that intimate partner; and WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population; and WHEREAS, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and WHEREAS, many stalkers use increasingly sophisticated devices, such as global positioning systems, cameras, and computer spyware, to track their victims; and WHEREAS, there is a greater need for increased public awareness about the nature, criminality, and potential lethality of stalking; and WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of law enforcement officers and aggressive investigation and prosecution of the crime; and WHEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers; and WHEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services; and WHEREAS, Kodiak Women's Resource and Crisis Center is joining forces with victim service providers, criminal justice officials, and concerned citizens throughout Kodiak Island and the United States to observe and promote the 2020 theme, "National Stalking Awareness Month." NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim the month of January 2020 as: Stalking Awareness Month and applaud the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CL7n witness whereof, CL7hane hereunto set mp wand and cause this seal to be afwd. Cl'illiam C�oberts Corouyh GUqpor Attest: ceate.� AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 16, 2020 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ORIGINATOR: Scott Arndt RECOMMENDATION: Move to advance Ordinance No. FY 2020-12 to public hearing. DISCUSSION: After the last regular meeting on August 15th, the Clerk's Office was asked to research the current Borough policy on Assembly member attendance. Specifically: •if Assembly members could be "excused" if they missed a meeting for work purposes •if there was anything in the code defining good cause or giving guidance/criteria in regards to when the Assembly should excuse an absence or not •are there legal opinions on what constitutes a "meeting" for purposes of determining if an Assembly member has missed half of the meetings in a one-year period After reading the KIB code and consulting with the former Borough Clerk and the Borough's lawyer, Scott Brandt -Erichsen, I have come to the following conclusions: •There are currently no criteria defining good cause or giving guidance in regards to Assembly member absences. KIB code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. •KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1 st and October 31 st, the seat shall be automatically vacated. •There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members' absences from meetings which was reinterpreted by our lawyer, Scott Brandt -Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough's possession and only the minutes and packets are available for interpretation. Mr. Brandt - Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt -Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. •Regarding the excused versus unexcused issue, Mr. Brandt -Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. Kodiak Island Borough Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 13 of 53 ALTERNATIVES: KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 16, 2020 ASSEMBLY REGULAR MEETING AGENDA ITEM #12.A. FISCAL IMPACT: Minimum fiscal impact. If a seat were to be vacated and not filled, the compensation for that Assembly member would be withheld. 2.30.100 Miscellaneous. E. Compensation and Expenses. Assembly members' compensation shall be $300.00 per month. OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 14 of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #12.A. Introduced by: Assembly Member Arndt VERSION Drafted by: Assembly Member Arndt Introduced on: 12/19/2019 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2020-12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCESTITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLYAND CHAPTER 2.30 RULES OF THE ASSEMBLYTO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. WHEREAS, KIBC 2.25.060 provides that "If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated"; and WHEREAS, there is currently no explanation as to what a meeting is; and WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular or special meeting of the assembly for good cause; and WHEREAS, a full body of the Assembly allows for better debate and consensus reaching; and WHEREAS, Assembly excusing should be limited to major medical and travel for borough business. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.25.060 Declaring and filling vacancies. B. If a member of the governing body misses one-half of the regular meetings and work session meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-12 Page 1 of 2 Version 1 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 15 of 53 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 AGENDA ITEM #12.A. 2.25.070 Absences. A No member of the assembly may request to be excused abCent himself from any regular or work session special meeting of the assembly ^^^t f^r ^^^A ^^ ^^ for reasons of major medical or travel for borough business. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-0, 1979; Ord. 74-6-0 §6, 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. 2.30.020 General rules. C. Absences. A No member of the assembly may request to be excused absent him-s^df from any regular or work session special meeting of the assembly eXGept fOr geed GaUSe for reasons of major medical or travel for borough business. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence and whether the absence is excused by the assembly. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2019. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Tara Welinsky, Clerk Ordinance No. FY2020-12 Page 2 of 2 Version 1 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 16 of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #12.A. Introduced by: Assembly Member Skinner Version 2 Drafted by: Assembly Member Skinner Introduced on: 12/19/2019 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2020-12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLYAND CHAPTER 2.30 RULES OF THE ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. WHEREAS, having a full assembly in attendance allows for better debate and better representation of various community perspectives; and WHEREAS, the assembly recognizes the time commitment required to serve on the assembly and the need to balance public office, work and family; and WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular or special meeting of the assembly only for good cause; and WHEREAS, KIBC does not address what constitutes "good cause" in 2.30.020; and WHEREAS, KIBC 2.25.060 provides that "If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated"; and WHEREAS, KIBC does not clearly define "meeting" in 2.25.060; and WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and WHEREAS, the assembly desires to clarify code provisions related to assembly member absences, while recognizing the value of providing flexibility and encouraging a diverse assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-12 Page 1 of 3 Version 2 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 17 of 53 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #12.A. 2.25.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: B. If a member of the governing body misses four consecutively held regular meetings and is not excused then the assembly may declare the seat vacant. C. If a member of the governing body misses one-half of the regular meetings and work sessions held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. G. D. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. E. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members. F—G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008- 12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11- 0, 1979; Ord. 74-6-0 §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060]. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) 2.25.070 Absences. A. Absences. No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-12 Page 2 of 3 Version 2 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 18 of 53 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 AGENDA ITEM #12.A. absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-0, 1979; Ord. 74-6-0 §6, 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. B. Good Cause. If a member of the assembly is absent for any of the following reasons their absence shall be considered for good cause and they shall be excused: 1. Travel for Borough business; 2. Any other reason the Assembly deems appropriate (for example, work, health or medical, personal leave, etc. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2019. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Tara Welinsky, Clerk Ordinance No. FY2020-12 Page 3 of 3 Version 2 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 19 of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #12.A. Introduced by: Assembly Member Kavanaugh Version 3 Drafted by: Assembly Member Kavanaugh Introduced on: 12/19/2019 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2020-12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.25 BOROUGH ASSEMBLYAND CHAPTER 2.30 RULES OF THE ASSEMBLY TO CHANGE DECLARING AND FILLING VACANCIES AND ABSENCES. WHEREAS, having a full assembly in attendance allows for better debate and better representation of various community perspectives; and WHEREAS, the assembly recognizes the time commitment required to serve on the assembly and the need to balance public office, work and family; and WHEREAS, KIBC 2.30.020 allows a member of the assembly to absent himself from any regular or special meeting of the assembly only for good cause; and WHEREAS, KIBC does not address what constitutes "good cause" in 2.30.020; and WHEREAS, KIBC 2.25.060 provides that "If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated"; and WHEREAS, KIBC does not clearly define "meeting" in 2.25.060; and WHEREAS, vacating an assembly seat of a duly elected official is a significant action; and WHEREAS, the assembly desires to clarify code provisions related to assembly member absences, while recognizing the value of providing flexibility and encouraging a diverse assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Chapter 2.25 Borough Assembly and Chapter 2.30 Rules of the Assembly of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-12 Page 1 of 3 Version 3 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 20 of 53 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #12.A. 2.25.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: B. If a member of the governing body misses four consecutively held regular meetings and is not excused then the assembly may declare the seat vacant. C. If a member of the governing body misses one-half of the regular meetings and work sessions held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. G. D. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. E. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. F. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members. F—G. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008- 12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11- 0, 1979; Ord. 74-6-0 §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060]. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) 2.25.070 Absences. A. Absences. No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-12 Page 2 of 3 Version 3 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 21 of 53 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 AGENDA ITEM #12.A. absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-0, 1979; Ord. 74-6-0 §6, 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070]. B. Good Cause. If a member of the assembly is absent for any of the following reasons their absence shall be considered for good cause and they shall be excused: 1. Travel for Borough business; 2. A voluntary submission of the circumstances for a member absence may be considered by the Assembly in determining good cause. These submissions are not debatable. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2020. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Tara Welinsky, Clerk Ordinance No. FY2020-12 Page 3 of 3 Version 3 Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinanc... Page 22 of 53 AGENDA ITEM #13.C. I. KODIAK ISLAND BOROUGH STAFF REPORT JANUARY 16, 2020 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2020-01 B to public hearing. DISCUSSION: Due to the Governor's 50% budget funding cut to the State Aid for Costs of School Construction Debt program, this ordinance details changes and accounts for the additional funding needed to pay the Borough's general obligation bond payment for FY2020. Funds: Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 201 - Education Support Fund (transfer $1,632,815 to Fund 300 - Debt Service) • Fund 276 - Facilities Fund (receives $121,841 from Fund 469 - Renewal & Replacement Fund and transfers $417,596 to Fund 300 - Debt Service) • Fund 300 - Debt Service Fund (received $1,632,815 from Fund 201 - Education Support Fund and $417,596 from Fund 276 - Facilities Fund) Protects: Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the project itself is created. Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original estimates, or funds that remain at the completion of the project. The projects being amended by this budget amendment are: • Fund 469 - Revenues are decreased by $121,841 ALTERNATIVES: Not passing this ordinance means fund budget expenses may exceed their appropriations and projects may not be started and/or completed. FISCAL IMPACT: See 'Discussion' above. OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2... Page 23 of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #13.C. I. Introduced by: Finance Director Drafted by: Finance Director Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2020-01B AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2020-01, FISCAL YEAR 2020 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR THE GOVERNOR'S 50% FUNDING CUT TO THE STATE AID FOR COSTS OF SCHOOL CONSTRUCTION DEBT PROGRAM. WHEREAS, the assembly adopted the fiscal year 2020 budget on May 23, 2019; and WHEREAS, the adopted budget presumed the State of Alaska would fully fund the State Aid for Costs of School Construction Debt and the Borough would receive the normal reimbursement of $5,263,053 (60-70% reimbursement of eligible bond interest and principal payments for the year); and WHEREAS, the Borough received official notification from the State of Alaska Division of School Finance & Facilities that on June 28th, Governor Dunleavy reduced the program payments by 50%, thereby reducing the amount the Borough would receive to $2,631,527; and WHEREAS, the assembly desires to reduce the amount of money transferred from the Facility Fund to the Renewal & Replacement Fund by $121,841; and WHEREAS, the assembly desires to transfer $417,596, which is 50% of the allowable 85% of the prior year's interest income, from the Facility Fund to the Debt Service Fund; and WHEREAS, the Kodiak Island Borough School District received more revenue than anticipated and desires to return $1,632,815 to the Borough in recognition of the economic challenges facing the community with the cut to the bond reimbursement program. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Fund 469 — Renewal & Replacement Fund is reduced by $121,841 and Fund 276 - Facility Fund is increased by $121,841. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-01 B Page 1 of 2 Version 1 Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2... Page 24 of 53 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 AGENDA ITEM #13.C. I. Section 3: Fund 276 - Facility Fund transfers $417,596 to Fund 300 - Debt Service. Section 5: Fund 201 — Education Support Fund transfers $1,632,815 to Fund 300 — Debt Service. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2020. KODIAK ISLAND BOROUGH William Roberts, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Tara Welinsky, Clerk Ordinance No. FY2020-01 B Page 2 of 2 Version 1 Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2... Page 25 of 53 Kodiak Island Borough FY2020 Debt Service Fund Summa 07/01/2019 Beginning Cash Balance Bond Pricipal, Interest and Arbitrage Expenses Levied FY20 Property Tax Income $ 2,547,658 Estimated Uncollected Tax Income (12,738) Motor Vehicle Registration Tax (MVRT) Income $ 230,000 Estimated Uncollected MVRT Income (10,000) Expected State of Alaska Debt Reimb. Income KIBSD excess funds contribution Transfer From Facilities Fund $ 472,706 (7,734,543) (TotaIdue for FY2020) (Includes $303,074 of contingency) 2,534,920 (Levy Total x 0.5% Delinquent Rate) 220,000 (Received $220,392 in FY19) 2,631,527 1,632,815 417,596 (50% reimbursement) (50% of eligible 85%) Estimated 06/30/20 Ending Fund Balance $ 175,021 (Reserve Policy goal is $275,000) N 0 01 CO 12/23/19 dlc THE STATE 01ALASKA - GOVERNOR MIKE DUNLEAVY °Pa4A91�N July 26, 2019 Dora Cross Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Cross: AGENDA ITEM #13.C. I. Department of Education & Early Development Division of School Finance & Facilities 801 West 109, Skeet, Suite 200 P.O. Box 110500 Juneau, Alaska 99811-0500 Main: 907.465.8665 Fox: 907.465.8910 Elwin,B Iockwell,lvolosko.gov On June 28th, Governor Dunleavy announced a reduction of 50% to the FY2020 school debt reimbursement program. The procedures in our office will remain the same for reimbursement request submissions, with the exception of reducing the reimbursement. The department wants to ensure that everyone is informed of this reduction. Should you have internal tracking methods for what the borough will receive from this program, you will want to include the 50% reduction in that calculation. If you have any questions, please do not hesitate to contact me by phone at 907-465-8665 or through email at elwin.blackwell@alaska.gov Sincerely, a '" sz� Elwin Blackwell School Finance Manager Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2... Page 27 of 53 AGENDA ITEM #13.C. I. Kodiak Island Borough School District 722 Mill Bay Rd Kodiak, AK 99615 (907)486-7556 To: Board of Educat' n Through: Larry LeDoux, h.D., Superintende n From: Sandy Daws, Chief Financial Officer Janette Agmata, Business Office Supervisor Date: November 14, 2019 Subject: FY19 Fund Balance Budget Revision Request Our I -Y 19 Fund Balance numbers were higher than projected as of June 30, 2019. Sereral factors contributed to our fund balance numbers f ERS(TRS Forfeiture from the state $763,739. Defined Contribution Retirement forfeiture funds arc created %hen a non -rested or partial[) vested employee terminates employment and returns a portion or all their DCR. The large amount returned to the district was over n span of many )cars. The S20 million onetime grant based on SB 142 was not revieced until June 13, 2019 KIBSD portion was $415,514. Districts around the state did not know when or if this money would be received, Self -Insurance 52,014,897: Kodiak Island Borough School District (KIBSD) health insurance is self- insured. Meaning we fund our plan each year based on our brokers advice in consultation with actuarial tables to cover the District's potential liabilities Also, 51,743,336 from a mild winter and other unexpected 2019 fiscal year budgetary savings contributed to our fund balance. Always, when School District fund balances are discussed it's important to remember that the District must keep between 51,000,000 and $2,000.000 dollars in fund balance reserves to bridge accounts payable before receivables arrive and to cover District obligations should unforeseen changes in either expenses or revenue occur. Currently, KIBSD spendable fund balance is 56,318,213. Each year, after the District's annual audit is complete, the School Administration and the School Bonrd review the District's fund balance and the District's strategic plan and policy priorities. If there is fund balance beyond projected needs, the District then authorizes use of excess fund balance for District projects, many of which are capital projects that Kodiak Island Borough as the owner of school facilities %ould otherwise need to pay for. For the reasons outlined above, the 2019 School District excess fund balance is substantially more than the District's fund balance in previous ) cars The administration is recommending a set aside of 51,500,000 to maintain an adequate fund balance through FY 2020. Next the administration, referencing the District's strategic plan and educational priorities. has identified a number of safety and educational Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2... Page 28 of 53 AGENDA ITEM #13.C. I. needs that should be addressed. In addition, the administration has identified maintenance projects needing immediate attention and an important community needs project. (see attachment) Nevertheless, 51,632,813 of the District's 2019 excess fund balance remains uncommitted. 'rhis year, the Kodiak Island Borough Assembly is dealing with an unbudgeted and unexpected expense because ilia State of Alaska reduced the State's contribution to KIB bond debt by about $2.5 million dollars. Given Ilia School District's excess fund balance beyond allocations for immediate safety, educational, maintenance and community use needs, Superintendent LeDoux is also requesting board action to allocate 51,632,815 to Kodiak Island Borough (KIB) recognizing; the economic challenges lite community is facing with Elie bond debt reimbursement. KIBSD is requesting board action on this use of fund balance as outlined above, budget revision to the function, and object code as outlined in the projects list. Ordinance No. FY2020-01 B Amending Ordinance No. FY2020-01, Fiscal Year 2... Page 29 of 53 January 16, 2020 AGENDA ITEM #13.D.2. Kodiak Island Borough Offce ofthe Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Office of Governor Michael J. Dunleavy 3rd Floor, State Capitol Fax: (907) 465-3532 PO Box 110001 Juneau, AK 99811 Re: Invitation to Visit Kodiak Island Borough Dear Governor Dunleavy: The Kodiak Island Borough invites you to visit Kodiak as part of your community outreach efforts to gather our critical input as to what Alaska should look like going forward. We ask that you come to Kodiak to hear directly from Kodiak residents and personally see the Kodiak community. Kodiak contributes to the state economy, and also relies on state services such as the ferry system and University of Alaska. Kodiak residents would appreciate the opportunity to share their perspectives and ideas on the future of these institutions. Things to consider about Kodiak: - Key contributor to Alaska's economy, consistently ranking within the top five ports in the nation for volume and value of fish landings - Most diverse commercial fishing port in the state, home to over 600 vessels comprising jig, seiners, longliners, scallop boats, pot boats and trawlers - Home to the largest U.S Coast Guard base in the nation - Location of Alaska Aerospace Pacific Spaceport - Attracts between 20-30 cruise ships each summer - Stop on Alaska Marine Highway System and significant Southwest Region terminal - Home to Kodiak College (under University of Alaska Anchorage) and the Kodiak Fisheries and Marine Science Center (under University of Alaska Fairbanks) - 98% reliant on renewable energy (KEA hydroelectric and wind turbines) * Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Bo... Page 30 of 53 AGENDA ITEM #13.D.2. Kodiak is also one of the largest geographically distinct communities in the state. Over 13,000 residents live on the Kodiak road -system, making our community the fourth largest behind Anchorage, Fairbanks and Juneau. We look forward to hearing your response to our invitation. Thank you, Bill Roberts * Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Bo... Page 31 of 53 January 16, 2020 Endangered Species Division Office of Protected Resources AGENDA ITEM #13.D.3. Kodiak Island Borough Offce ofthe Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 National Marine Fisheries Service Attn: Humpback Whale Critical Habitat Proposed Rule 1315 East West Highway (SSMC3) Silver Spring, MD 20910 Via Federal eRulemaking Portal Re: Comments on Critical Habitat Proposed Rule; NOAA NMFS-2019-0066 To Whom It May Concern: The Kodiak Island Borough (Borough) recognizes the importance of protecting critical habitat for humpback whales, however, we have concerns with potential negative impacts resulting from the designation that could harm the economic viability of the Borough. The Kodiak Island Borough encompasses over 12,000 square miles, including the entire Kodiak Archipelago as well as land along the coast of mainland Alaska. The Borough is home to approximately 13,000 residents, and the country's largest U.S. Coast Guard base. Kodiak's economy is driven by commercial fishing, and pollock deliveries caught throughout the archipelago in the federal fishery account for 50-60% of the fish across Kodiak docks each year. Juvenile pollock and other groundfish species are noted as potential prey for humpback whales, and most likely to be impacted by a critical habitat designation. The proposed critical habitat for Mexico and Western North Pacific humpback whale DPS groups overlays all the waters within the Kodiak Island Borough, including areas where significant commercial fishing activity occurs. The economic analysis accompanying the proposed rule gives short shrift to potential negative economic impacts, and does not include data on Kodiak's economy or the Kodiak -based fishing industry. While the analysis briefly notes that fishery management is unlikely to change under a critical habitat designation, the dearth of information and our own past experience with Stellar sea lion restrictions give us pause. The preface to the 1993 proposed rule designating Stellar sea lion * Public Comment Letter Regarding Humpback Whale Critical Habitat Design... Page 32 of 53 AGENDA ITEM #13.D.3. (SSL) critical habitat' states, "The direct economic and other impacts resulting from this proposed critical habitat designation are expected to be minimal." (emphasis added) On the contrary, impacts related to SSL closures were extreme; commercial fisheries were pushed farther offshore into more dangerous waters, it cost more on every trip just to reach the fishing grounds, and some traditional fishing areas were completely closed. Communities throughout the entire Gulf of Alaska continue to struggle with SSL restrictions in commercial fisheries, with little hope for relief. Building and maintaining port and harbor infrastructure also comes with increased regulatory burdens and costs associated with SSL measures. As an island community Kodiak relies on cargo ships to deliver groceries, freight, office supplies, clothing and everything else you would buy at the store. We rely on regular ferry service to transport people and vehicles between the Alaska mainland and Kodiak Island, and our local Visitors and Convention Bureau has worked hard to increase tourism contributions to the economy, including enticing cruise ship to add Kodiak as a port of call. As referenced above Kodiak is also home to the country's largest United States Coast Guard base. Any ship coming to Kodiak would have to transit through the proposed critical habitat. We are concerned because if this rule is approved we will be completely surrounded by humpback whale critical habitat and the analyses gloss over potential limitations and negative impacts from that designation. Our experience with Stellar sea lion critical habitat and subsequent restrictions informs our caution on this issue, particularly given the large area proposed and the fact that it completely encloses Kodiak Island. Thank you, William Roberts Mayor, Kodiak Island Borough 'Federal Register Volume 58, No. 61, April 1, 1993, at 17181 * Public Comment Letter Regarding Humpback Whale Critical Habitat Design... Page 33 of 53 4 NAME Patrick Saltonstall PO Box 1909 Kodiak, AK 99615 Stephen Paulson 962 Mallard Way Kodiak, AK 99615 Eric Linscheid PO Box 316 Kodiak, AK 99615 Ben Millstein 523 Leta St. Kodiak, AK 99615 Brian Himelbloom Po Box 1866 Kodiak, AK 99615 VACANT AGENDA ITEM #13.D.4. KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE TERM HOME WORK CELL EMAIL PHONE PHONE PHONE 2021 (907) 486- (844) 425- pgsaltonstall(a�gmail. com 2634 8844 2021 (907) 486- (907) 539- spaulson(a)gci.net 4750 2077 2021 (907) 539- ericlinscheid(a)gmail.com 6829 2020 (907) 486- (907) 942- bmills(cDak.net 2537 3083 2022 (907) 486- 907) 486- (907) 512- kavakadg(cDgmail.com 0822 1529 7070 2020 VACANT 2020 NON-VOTING EX-OFFICIOS 2021 Assembly Representative Dennis Symmons PO Box 1522 Kodiak, AK 99615 State Representative Ben Shryock 1400 Abercrombie Dr. Kodiak, AK 99615 City Parks & Rec. Representative Corey Gronn 315 Maple Ave. Kodiak, AK 99615 School District Representative Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 Roster continued on the next page.... (907) 654- 1045 (907) 486- 6339 (907) 486- (907) 654- 8670 7559 (907) 539- 1482 den nis.symmons(cDkibassembly.org ben 'am in.shryocKia alaska.gov cgronn(cDcity.kodiak.ak.us rbryant01(cDkibsd.org Revision Date: 1/7/2020 *Confirmation of Mayoral Appointment to the Parks and Recreation Committ... Page 34 of ttyed by: LC AGENDA ITEM #13.D.4. 110,V KODIAK ISLAND BOROUGH OOd � i d 0 PARKS AND RECREATION COMMITTEE NAME Planning and Zoning Commission Representative Vacant Vacant, Alternate TERM HOME WORK CELL PHONE PHONE PHONE This committee is governed by Kodiak Island Borough Code 2.120 STAFF: CDD DIRECTOR, ERIN WELTY CODE ENFORCEMENT OFFICER, VACANT CDD SECRETARY, SHEILA SMITH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 486-9362 ewelt�kodiakak.us 486-9363 ssmithssmith�kodiakak.us EMAIL Revision Date: 1/7/2020 *Confirmation of Mayoral Appointment to the Parks and Recreation Committ... Page 35 of /yed by: LC Alise Rice AGENDA ITEM #13.D.4. From: noreply@civicplus.com Sent: Thursday, January 9, 2020 3:11 PM To: Clerks Subject: Online Form Submittal: Board Application Form Board Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Commission, Parks and Recreation Committee or Committee applying for Designated seat or group representation (if applicable): Full Name Residence Address Mailing Address Email Address (This address will be used for correspondence) Home Phone Number (numeric only) Field not completed. Samuel Raymond Jordan 3418 Spruce Cape Rd Unit 1 Kodiak, AK 99615 3418 Spruce Cape Rd Unit 1 Kodiak, AK 99615 samuelrjordan@yahoo.com 9079421072 Work Number (numeric only) 9079421072 Cell or Fax Number (numeric only) Employer/Occupation RESIDENCY INFORMATION 9079421072 City of Kodiak/Lifeguard & Adult Swim Pgm Leader Length of residency in Kodiak 12 years Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS 1 *Confirmation of Mayoral Appointment to the Parks and Recreation Committ... Page 36 of 53 Length of Residence in Service Field not completed. Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? If yes, which Organizations you belong to or participate in m Field not completed. No Local Organizations AGENDA ITEM #13.D.4. Explain your main reason for I am a resident of Kodiak and intend to remain so applying indefinitely. My main reason for applying is to serve the Kodiak community in a relevant way. Since retiring from a career in the Coast Guard in 2017 and moving from Base housing into town, I've been able to take advantage of many of the recreation opportunities in Kodiak. Throughout the year, I ride mountain and road bicycles, run, hike, fish, hunt and otherwise spend a great deal of time outdoors. I have a true appreciation for recreation here. I've also been seeking opportunities to serve my community and this committee seems like a good fit for me as it is aligned with my current interests and activities. I'd like to provide the members of the community with a voice and also collaborate with the other committee members to provide the Borough with relevant plans, information, assessments and opinions. There is much work to be done to manage the current parks/recreation opportunities and room for new and expanded ones. What background, experience, In addition to the perspectives from 25 years of public or expertise will you bring to services as an active duty officer and ship captain, I bring the past Kodiak Borough board experience, past recreation board/committee/commission program leadership experience, current recreation program membership? employment and recent organized Kodiak recreation event participation perspectives. From 2008 to 2010, 1 served as the ex -officio Coast Guard representative to the Kodiak Island Borough School District Board. During these two years I gained a great deal of exposure to local government and boards/committees. I was active in the regular meetings, work sessions and special meetings. From 2007 to 2009, at Coast Guard Base Kodiak, I supervised the Morale, Well -Being and Recreation Director 2 *Confirmation of Mayoral Appointment to the Parks and Recreation Committ... Page 37 of 53 AGENDA ITEM #13.D.4. and his Department and their activities. During that time I provided leadership that resulted in my nomination and selection as the Coast Guard's Awardee for Excellence at the Armed Forces Recreation Society/National Recreation and Parks Association's annual meeting. I also was the safety officer for the Kodiak Eco -Challenge in 2008; an event that spanned many local jurisdictions and gave me an appreciation for the combined management of land use and recreational opportunities in Kodiak. Since retiring from the Coast Guard, I gained a lifeguard certification and subsequently began working at the Kodiak Pool by leading an adult fitness swimming program and teaching adult swimming lessons. I've competed in many Kodiak sporting events including Run The Rock Marathon in 2018 and 2019, Crab Fest Half Marathon, Crab Fest Ididarock Triathlon, Earth Day Triathlon and other shorter races. Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y N Applicant's Residence: Borough City Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached On File Email not displaying correctly? View it in your browser. 3 *Confirmation of Mayoral Appointment to the Parks and Recreation Committ... Page 38 of 53 *Cc AGENDA ITEM #13.D.5. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION NAME VACANT (C) Kent Cross (B) PO Box 3164 Kodiak, AK 99615 Matthew Novello (B) 3941 Woodland Drive Kodiak, AK 99615 Alan Schmitt (C) 3295 Woody Way Loop Kodiak, AK 99615 Dave Townsend (B) Chair PO Box 9044 Kodiak, AK 99615 Kyle Blondin (B) 3469 Harlequin Kodiak, AK 99615 Joseph Delgado (C) 1225 Selief LN #4 Kodiak, AK 99615 B=Borough Seat C=City Seat TERM HOME PHONE 2021 CELL PHONE 2021 (907) 942-3189 (907) 942-3189 2021 (757) 635-5051 (757) 635-5051 EMAIL kent.cross(a)kibplanning.org novey1(c-msn.com 2020 (907) 486-5314 (907) 942-0435 alan.schmitt(a)kibplanning.org 2020 None (907) 654-4123 dave.townsendt�kibplanning.org 2022 (907) 942-3703 (907) 942-3703 blondin builder37(@hotmail.com 2022 (907) 512-7508 (907) 512-7508 This commission is governed by Kodiak Island Borough Code 2.105 STAFF: CDD DIRECTOR, ERIN WELTY CODE ENFORCEMENT OFFICER, VACANT CDD SECRETARY, SHEILA SMITH 486-9362 eweltyCEDkodiakak.us 486-9363 ssmith(ftodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 )nfirmation of Mayoral Appointment to the Planning and Zoning Commissi egdelgado64(aD-gmail.com Revision Date: 12/20/19 Page 39 of ttyed by: LC City Clerk's Office a 710 Mill Bay Road, Rm. 110 Kodiak, AK 99615 S (907) 486-86361(907) 486-8600 (fax) ADVISORY BOA NAME HOME TELEPHONE WORK TELEPHONE (II( t 9-2 0k pIV-- RESIDENCE (STREET) ADDRESS V� 0, t-ic 341 MAILING ADDRESS 10 M -.vs LENGT F RESIDENCE IN KODIAK AGENDA ITEM #13.D.5. RD APPLICATION FAX 'dk41-5V� . LENGTH QF RESIDENCE IN ALASKA Are you a registered voter in the City of Kodiak? Yes No[ ] Do you own property in the City of Kodiak? Yes No[ ] On which boards are you interested in serving? (List in order of preference -✓tiy, G' M ham; Community Activities: ` t D� A c �(-Om EMAIL List your areas of expertise and education that would benefit the boards for which you are applying. V a U,6Lcr 01h c Lyo L,4 iJ J�--tk-AkP\SMu V klr t o WJej'- Professional Activities: )j r-- (� b3 Da e Return application to City Clerk, 710 Mill Bay Road, Rm. 110, Kodiak, AK 99615 Fax: 486-8600 Revised: October 2019 *Confirmation of Mayoral Appointment to the Planning and Zoning Commissi... Page 40 of 53 KODIAK ISLAND BOROUGH SOLID WASTE ADVISORY BOARD NAME TERM HOME WORK CELL PHONE PHONE PHONE AGENDA ITEM #13.D.6. EMAIL Nick Szabo (Chair) 2021 (907) 486- (907) 654- 76tak076c gmail.com PO Box 1633 3853 3853 Kodiak, AK 99615 Laine Welch 2020 (907) 486- (907) 654- msfish(c�alaskan.com 315 High St 2391 9111 Kodiak, AK 99615 VACANT 2022 Nathan Svoboda 2022 (907) 486- (907) 202- nathan.svoboda(@alaska.gov 389 Neva Way 1863 1837 Kodiak, AK 99615 Patrick Cummings 2022 (907) 654- patrickc(c�seattleu.edu 418 A Lilly Drive 4486 Kodiak, AK 99615 Construction Business Representative 2021 VACANT Retail Business Representative 2021 (907) 481- (208) 569- webasbovCc�gmail.com Jason Jardine 1670 8858 3564 Patrick Ct Kodiak, AK 99615 NON-VOTING EX-OFFICIOS (907) 942- (907) 942 - Assembly Representative 2912 2912 Mr. Duane Dvorak duane.dvorak(cDkibassemblv.org 415 Cedar St Kodiak, AK 99615 KIB Staff Representative (907) 486 - Dave Conrad 9357 dconradCa�kodiakak.us U.S.C.G. Representative (907)854- (907)487 - Jennifer N. Nutt, 4514 5494 jennifer.n.nutt(aDuscg.mil Environmental Division Chief Base Kodiak City of Kodiak Representative (907) 486- (907) 486 - Craig Walton 8060 8066 cwalton(a�city.kodiak.ak.us 2410 Mill Bay Road Kodiak, AK 99615 STAFF: E/F DIRECTOR, DAVID CONRAD 486-9357 dconrad(a)kodiakak.us E/F SECRETARY, PATRICIA VALERIO 486-9343 pvalerio(a)kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 Revision Date: 06/27/19 *CoTiMA?iard I a i%jA0� (M#W n?A�0M9WM9 U111ory Board C... Page 41 of env sed by: LC AGENDA ITEM #13.D.6. From: noreplyCcbcivicplus.com To: Clerks Subject: Online Form Submittal: Board Application Form Date: Monday, January 6, 2020 8:03:49 PM Board Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Commission, or Committee applying for Designated seat or group representation (if applicable): Solid Waste Advisory Board Field not completed. Full Name Douglas Hogen Residence Address 3099 Spruce Cape road Mailing Address 3099 Spruce Cape road Email Address (This address dlhogen@gmail.com will be used for correspondence) Home Phone Number 9074864407 (numeric only) Work Number (numeric only) 9075395407 Cell or Fax Number (numeric 9075395407 only) Employer/Occupation RESIDENCY INFORMATION Length of residency in Kodiak Registered to vote in Kodiak? Self employed/ Building contractor 4L years Yes FOR SERVICE AREA BOARD APPLICANTS *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board C... Page 42 of 53 AGENDA ITEM #13.D.6. Length of Residence in Field not completed. Service Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Kodiak Audubon or participate in Explain your main reason for Been wanting to give my input for some time. applying What background, 40 years in the construction trade here in town. I have experience, or expertise will owned my own construction company since 1991 here in you bring to the Kodiak. Through that business I have had to deal with board/committee/commission construction waste and am interested in giving input in membership? that regard. Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y N Applicant's Residence: Borough City Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached On File Email not displaying correctly? View it in your browser. *Confirmation of Mayoral Appointment To The Solid Waste Advisory Board C... Page 43 of 53 AGENDA ITEM #13.D.7. o KODIAK ISLAND BOROUGH 'ARCHITECTURAL/ENGINEERING REVIEW BOARD BUILDING CODE BOARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Cliff Ford 2021 (907) 486- (907) 486- (907) 539- clifff(cDacsalaska.net 1250 Beaver Way 5353 7742 5342 Kodiak, AK 99615 Jon Melin 2021 (907) 539- Jon. Premier(cDalaska.net 2011 Mill Bay Road #2 1589 Kodiak, AK 99615 Rick Ryser 2020 (907) 486- (907) 942- goldenalaska(cDgmail.com PO Box 8908 5490 2747 Kodiak, AK 99615 Jerrol Friend (Chair) 2020 (907) 539- (907)486- (907)539- 907)539-1950 1950Mill Bay Rd. 1975 3908 1975 Kodiak, AK 99615 Vacant 2020 Jascha Zbitnoff 2022 (907) 942- jaschagbrechan.com PO Box 9012 3215 Kodiak, AK 99615 Dennis Hunt (Vice -Chair) 2022 (907) 529- (907)486- (907) 529- dennis.hunt3(5icloud.com 182 Alimaq Dr. Apt 308 6752 9525 6752 Kodiak, AK 99615 NON-VOTING EX-OFFICIOS 2022 (907) 942- duane.dvorak@kibassembly.org Assembly Representative 2912 (907) 942 - Duane Dvorak 2912 School Board Representative VACANT OR Duncan Fields 486-6393 486-8835 317-5959 dfields(a)ptialaska.net PO Box 25 Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 STAFF: DIRECTOR DAVID CONRAD 486-9357 dconrad( kodiakak.us PROJ. MGRANSPECTOR, MATT GANDEL 486-9211 mgandel(akodiakak.us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY KODIAK, AK 99615 *Declaring A Seat Vacant On The Architectural / Engineering Review Board Revision Date: 1/8/2020 Page 44 oftged by: AR AGENDA ITEM #13.D.7. Lina Cruz From: Matt Gandel Sent: Wednesday, December 18, 2019 11:22 AM To: Clerks Subject: FW: Bayside Exterior 100% Drawings FYI, Steven Neff sent me the email below about resigning from the ARB. I don't know if he's been in contact with you at all or if you need something more formal from him. Matt From: Steve Neff <swneff@gmail.com> Sent: Tuesday, December 17, 2019 10:33 AM To: Matt Gandel <mgandel@kodiakak.us> Subject: Re: Bayside Exterior 100% Drawings Hello Matt: After looking at my schedule for the winter and coming year I have decided it would be best for me to relinquish my seat on the board. I will be out on Raspberry Island from Dec 19th thru March 15th and will also be off the island most of the summer and again in the fall. Clearly I will miss most if not all of the coming meetings. Hope you had a nice Thanksgiving and wish you and your family a very merry Christmas! Thank you, Steve Neff On Tue, Dec 17, 2019 at 9:29 AM Matt Gandel <mgandel@kodiakak.us> wrote: ARB members, Attached are the 100% drawings for the Bayside Exterior project, incorporating the changes discussed at the last meeting. This project is scheduled to be issued for bid on Friday, December 20. If you have any comments on the attached drawings please get them to me no later than Thursday December 19, 2019 at 12 pm. Matt Gandel *Declaring A Seat Vacant On The Architectural / Engineering Review Board... Page 45 of 53 AGENDA ITEM #13.D.7. Project Manager/Inspector Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road, Room 224 Kodiak AK 99615 Phone: 907-486-9211 Fax: 907-486-9347 Email: mgandel@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. *Declaring A Seat Vacant On The Architectural / Engineering Review Board... Page 46 of 53 AGENDA ITEM #18.B.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending December 31, 2019 BALER BUILDING SEPTIC SYSTEM REPLACEMENT Project Description: This project is for installation of a septic tank and leachfield for the Baler Building. The current septic system does not meet code and needs to be upgraded. Current Status: Jacobs Engineering provided design documents for this project, which were reviewed by the Architectural/Engineering Review Board (ARB) on September 10, 2019. The ARB had some questions on the design and possible alternatives that were discussed at a follow up ARB meeting on November 5, 2019. The ARB approved the design and staff is now soliciting quotes for procurement of the new 1,000 - gallon septic tank. Once the procurement is moving forward the design for installation will be put out for public bid. Change Orders this Period: None. BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and Landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. In late November 2019 the Alaska Department of Environmental Conservation tentatively approved a work plan to landfarm the contaminated soil at the landfill. Concurrently staff solicited bids for a new 4,000 -gallon fuel tank to replace the UST, and in December 2019 the Assembly approved a contract with Greer Tank of Anchorage for procurement and delivery of the new tank. The new tank is tentatively scheduled to be installed in spring 2020. Change Orders this Period: Greer Tank, LLC —Contract FY2020-09 Change Order 01 - $0 1) The bid documents required the new 4,000 -gallon fuel tank be delivered and received at the Kodiak Island Borough Baler Building no later than January 31, 2020. However, due to an extended award process KIB and the Contractor have agreed to extend the delivery date to March 15, 2020. Projects Report — December 2019 December Projects Reports Page 1 Page 47 of 53 AGENDA ITEM #18.6.1. BAYSIDE FIRE DEPARTMENT EXTERIOR IMPROVEMENTS Project Description: This project is replacement of exterior siding, windows, doors, and roofing at the older portion of Bayside Fire Department. The existing metal roofing and wood siding are over 35 years old and have reached the end of their useful life. Current Status: Jensen Yorba Wall (JYW) is the architect for this project and completed design documents that were approved by both the Fire Protection Area No. 1 Board and the Architectural/Engineering Review Board. The project was issued for public bid on December 20, 2019, and bids are due January 30, 2020. Construction is scheduled for spring/summer 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER & KODIAK HIGH SCHOOL ELECTRIC BOILERS Project Description: In 2018 KIB entered into joint agreements with Kodiak Electric Association (KEA) and the Kodiak Island Borough School District for interruptible electric service at Kodiak Fisheries Research Center (KFRC) and Kodiak High School (KHS). As part of the agreements KEA will reimburse KIB for the costs to install electric boilers at both buildings and offer a reduced rate for the power to operate the boilers at 90% the cost of fuel oil. KIB has contracted with RSA Engineers to provide design and bid documents for both new boilers. Current Status: Wolverine Supply, Inc. (Wolverine) is the contractor for this project and started work at the end of September 2019. As of December 2019, the existing fuel oil boiler has been removed and new underground conduits have been installed at KHS, and concrete pads for new electrical equipment have been completed at both facilities. The new electric boilers and switchgear all arrived in December 2019, and installation is expected to begin in earnest in January 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW will be producing 65% design documents and a detailed construction cost estimate so a decision can be made to replace all the siding and roofing or to only focus on areas showing the most deterioration. These initial design documents are scheduled to be completed by March 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project Fisheries Research Center (KFRC). reached the end of its useful life supported by the manufacturer. Projects Report — December 2019 December Projects Reports is for the replacement of the fire alarm panel and devices at Kodiak The system is original to the building's construction in 1997 and has Replacement parts are difficult to find, and the panel is no longer Page 2 Page 48 of 53 AGENDA ITEM #18.6.1. Current Status: Projects Office staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. The Assembly approved a change order for the design cost on October 17, 2019, and JYW and RSA are now working on design. Change Orders this Period: None. KODIAK ISLAND BOROUGH SCHOOL DISTRICT AUXILIARY GYM Project Description: This project is to renovate the old High School pool area into a gymnasium for school and community use. The project is being funded and managed by the Kodiak Island Borough School District, with limited involvement by KIB staff. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for this project. KIBSD is going to manage the design and construction process for this project, through the Borough's term contract with JYW. JYW is working to complete 95% design documents by mid-January 2020, at which point they will be presented to the Architectural/Engineering Review Board prior to being issued for public bid. Change Orders this Period: ■ Jensen Yorba Wall — Contract FY2019-10 Change Order 05 - $50,884.00 (Approved by Assembly on 12/19/19) 1) Provide design and construction administration services for KIBSD Auxiliary Gym project. NORTH STAR ELEMENTARY SIDING PHASE I Project Description: This project is for the removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The goal is to complete Phase I for the gym in summer 2020; Phase II would include replacement of the siding and possibly the windows around the rest of the school but will require further design investigation and cost estimates before proceeding. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for Phase I and begin preliminary design work for Phase II. JYW is working to complete 95% design documents for Phase I by mid-January 2020, at which point they will be presented to the Architectural/Engineering Review Board. Change Orders this Period: ■ Jensen Yorba Wall — Contract FY2019-10 Change Order 06 — $53,031.00 (Approved by Assembly on 12119/19) 1) Provide design and construction administration services for Phase I of the North Star Elementary Siding project and schematic level design for Phase 11. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. Projects Report — December 2019 December Projects Reports Page 3 Page 49 of 53 AGENDA ITEM #18.6.1. Current Status: Staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. JYW/RSA provided several options for tank sizing which KIB and PKIMC have discussed and provided direction. JYW/RSA is now working on a bid package to procure the new tank and will then complete design for the concrete pad and piping to install the tank. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. The first stage in this project is geotechnical investigation to determine the subsurface conditions. That information will be used to complete conceptual design to repair or replace the wall. Current Status: At the end of September 2019 PND Engineers (PND) and Discovery Drilling traveled to Kodiak to drill several bore holes along the existing wall for soil sample analysis. The initial findings are that bedrock is below the bottom of the existing wall, and the soil behind the wall looks has promising stability. A geotechnical report from PND was received in late December 2019, and a final report with design recommendations is scheduled to be received in early January 2020. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER STRUCTURAL ANALYSIS/PROJECT LIST DEVELOPMENT Project Description: This project is to perform a structural analysis of the older portions of the Providence Kodiak Island Medical Center and develop a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. Current Status: On December 5, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete this assessment and list development. JYW is working with PND Engineers to complete the structural assessment, which is tentatively scheduled to be received by late January 2020. Change Orders this Period: ■ Jensen Yorba Wall — Contract FY2018-28 Change Order 04 - $42,340.00 (Approved by Assembly 12/5/19) 1) Provide structural analysis and project list development services per proposal. Deliverables to include structural analysis of 1968 and 1978 portions of Providence Kodiak Island Medical Center, conceptual design for structural upgrades, graphic representation of possible replacement options for single -story wing and project list for future renewal and replacement projects. Projects Report — December 2019 December Projects Reports Page 4 Page 50 of 53 O m m 3 m Kodiak Island Borough Project Budget Status - Period Ending December 31, 2019 Budget and Adjustments Current Budget Status ZJ CD Baler Building Septic System Replacement - 18004 Baler Building Underground Storage Tank Replacement - 18005 Original Budget Current Budget Expenses Obligated Remaining DAign $ 35,000 $ 35,000 $ 26,252 $ 748 $ 8,000 Admin $ 5,000 $ 5,000 $ 583 $ - $ 4,417 TOTAL $ 40,000 $ 40,000 $ 26,835 $ 748 $ 12,417 Funding: Fund 530 - Solid Waste Collection and Disposal $ (3,299) Baler Building Underground Storage Tank Replacement - 18005 Bayside Fire Department Exterior Improvements - 19009 Original Budget Original Budget Ord 2020-01A Expenses Current Budget Design $ 22,000 Expenses 14,707 $ Obligated Admin $ 3,000 Remaining Design $ 40,000 $ - $ 40,000 $ 12,890 $ 30,408 $ (3,299) Construction $ 40,000 $ 40,000 $ 80,000 $ 21,020 $ 52,122 $ 6,858 Admin $ 10,000 $ 20,000 $ 30,000 $ 3,422 $ - $ 26,578 TOTAL $ 90,000 $ 60,000 $ 150,000 $ 37,332 $ 82,530 $ 30,138 Funding: Fund 530 - Solid Waste Collection and Disposal $ 775,000 $ 189,502 $ 540,164 $ 45,334 Bayside Fire Department Exterior Improvements - 19009 Original Budget Current Budget Expenses Obligated Remaining Design $ 22,000 $ 22,000 $ 14,707 $ 7,430 $ (137) Admin $ 3,000 $ 3,000 $ 4,524 $ - $ (1,524) TOTAL $ 25,000 $ 25,000 $ 19,231 $ 7,430 $ (1,661) Funding: Fire Protection Area No. 1 16,492 $ 2,226 Kodiak Fisheries Research Center & Kodiak High School Electric Boilers - 19001/19002 cn 0 �1 M W Project Budget Status Page 1 of 3 Original Budget Current Budget Expenses Obligated Remaining Design $ 51,000 $ 51,000 $ 32,282 $ 16,492 $ 2,226 Construction $ 650,000 $ 650,000 $ 119,108 $ 523,672 $ 7,220 Admin $ 34,000 $ 34,000 $ 38,112 $ - $ (4,112) tingency $ 40,000 $ 40,000 $ - $ - $ 40,000 TOTAL $ 775,000 $ 775,000 $ 189,502 $ 540,164 $ 45,334 FOMding: Fund 469 - Renewal & Replacement ($564,000) and Fund 555 - KFRC ($211,000) (Costs will be reimbursed by Kodiak Electric Association) cn 0 �1 M W Project Budget Status Page 1 of 3 0 (D n m 3 m Kodiak Island Borough Project Budget Status - Period Ending December 31, 2019 Budget and Adjustments Current Budget Status ZJ (D Kodiak Fisheries Research Center Exterior Upgrade - 20004 O Original Budget Original Budget Current Budget Current Budget Expenses Expenses Obligated Obligated Remaining DAign $ 75,000 $ 75,000 $ 2,572 $ 49,267 $ 23,161 Admin $ 25,000 $ 25,000 $ 1,327 $ - $ 23,673 TOTAL $ 100,000 $ 100,000 $ 3,899 $ 49,267 $ 46,834 Funding: Fund 555 - KFRC $ $ 15,000 TOTAL $ 150,000 $ 150,000 $ Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 KIBSD Auxiliary Gym - 20007 Original Budget Current Budget Current Budget Design Expenses 55,000 $ Obligated Remaining Design $ 25,000 $ 25,000 $ 2,909 $ 20,711 $ 1,380 Construction $ 100,000 $ 100,000 $ - $ - $ 100,000 Admin $ 10,000 $ 10,000 $ 1,865 $ $ 8,135 Contingency $ 15,000 $ 15,000 $ - $ $ 15,000 TOTAL $ 150,000 $ 150,000 $ 4,774 $ 20,71111 $ 124,515 Funding: Fund 555 - KFRC KIBSD Auxiliary Gym - 20007 North Star Elementary Siding Replacement - 20008 Original Budget Original Budget Current Budget Expenses Obligated Remaining Design $ 55,000 $ 55,000 $ - $ 50,884 $ 4,116 Admin $ 5,000 $ 5,000 $ 965 $ - $ 4,035 TOTAL $ 60,000 $ 60,000 $ 965 $ 50,884 $ 8,151 Funding: Fund 415 - Capital Project (Borough) (Costs will be reimbursed by Kodiak Island Borough School District) $ - $ North Star Elementary Siding Replacement - 20008 Original Budget Current Budget Expenses Obligated Remaining Design $ 26,193 $ 26,193 $ $ 53,031 $ (26,838) Construction $ 436,556 $ 436,556 $ $ - $ 436,556 in $ 17,462 $ 17,462 $ 1,033 $ $ 16,429 Ontingency $ 21,828 $ 21,828 $ - $ $ 21,828 T®TAL $ 502,039 $ 502,039 $ 1,033 $ 53,0311$ 447,975 ding: Fund 415 - Capital Project (Borough) (Funding provided by Kodiak Island Borough School District) O 01 W Project Budget Status Page 2 of 3 O m m 3 m Kodiak Island Borough Project Budget Status - Period Ending December 31, 2019 Budget and Adjustments Current Budget Status ZJ CD Providence Kodiak Island Medical Center Fuel Tank - 20001 O Original Budget Current Budget Expenses Obligated Remaining DAign $ 35,000 $ 35,000 $ 4,998 $ 25,552 $ 4,451 Admin $ 15,000 $ 15,000 $ 1,227 $ - $ 13,773 TOTAL $ 50,000 $ 50,000 $ 6,224 $ 25,552 $ 18,224 Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Retaining Wall - 20003 Original Budget Current Budget Expenses Obligated Remaining Design $ 125,000 $ 125,000 $ 64,376 $ 31,354 $ 29,270 Admin $ 25,000 $ 25,000 $ 2,980 $ - $ 22,020 TOTAL $ 150,000 $ 150,000 $ 67,356 $ 31,354 $ 51,290 Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Structural Analysis and Project List Development - 20006 v CD U1 W O Cal W Project Budget Status Page 3 of 3 Original Budget Current Budget Expenses Obligated Remaining Design $ 43,000 $ 43,000 $ $ 42,340 $ 660 Admin $ 7,000 $ 7,000 $ $ - $ 7,000 TOTAL $ 50,000 $ 50,000 $ $ 42,340 $ 7,660 Funding: Fund 495 - Capital Project - Hospital v CD U1 W O Cal W Project Budget Status Page 3 of 3 January 16, 2020 Kodiak Island Borough OHce of the Borough Mayor 710 NO Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Endangered Species Division Office of Protected Resources Via Federal eRulernakiug Portal National Marine Fisheries Service Attn: Humpback Whale Critical Habitat Proposed Rule 1315 East West Highway (SSMC3) Silver Spring, MD 20910 Re: Comments on Critical Habitat Proposed Rule: NOAA—NMFS _2019-0066 To Whom It May Concern: The Kodiak Island Borough (Borough) recognizes the importance of protecting critical habitat for humpback whales, however, we have concerns with potential negative impacts resulting from the designation that could harm the economic viability of the Borough. The Kodiak Island Borough encompasses over 12,000 square miles, including the entire Kodiak Archipelago as well as land along the coast of mainland Alaska. The Borough is home to approximately 13,000 residents, and the country's largest U.S. Coast Guard base. Kodiak's economy is driven by commercial fishing, and pollock deliveries caught throughout the archipelago in the federal fishery account for 50-60% of the fish across Kodiak docks each year. Juvenile pollock and other groundfish species are noted as potential prey for humpback whales, and most likely to be impacted by a critical habitat designation. The proposed critical habitat for Mexico and Western North Pacific humpback whale DPS groups overlays all the waters within the Kodiak Island Borough, including areas where significant commercial fishing activity occurs. The economic analysis accompanying the proposed rule gives short shrift to potential negative economic impacts and does not include data on Kodiak's economy or the Kodiak -based fishing industry. While the analysis briefly notes that fishery management is unlikely to change under a critical habitat designation, the dearth of information and our own past experience with Stellar sea lion restrictions give us pause. The preface to the 1993 proposed rule designating Stellar sea lion (SSL) critical habitat' states, "The direct economic and other impacts resulting from this proposed critical habitat designation are expected to be minimal." (emphasis added) On the contrary, ' Federal Register Volume 58, No. 61, April 1, 1993, at 17181 impacts related to SSL closures were extreme; commercial fisheries were pushed farther offshore into more dangerous waters, it cost more on every trip just to reach the fishing grounds, and some traditional fishing areas were completely closed. Communities throughout the entire Gulf of Alaska continue to struggle with SSL restrictions in commercial fisheries, with little hope for relief. Building and maintaining port and harbor infrastructure also comes with increased regulatory burdens and costs associated with SSL measures. As an island community Kodiak relies on cargo ships to deliver groceries, freight, office supplies, clothing and everything else you would buy at the store. We rely on regular ferry service to transport people and vehicles between the Alaska mainland and Kodiak Island, and our local Visitors and Convention Bureau has worked hard to increase tourism contributions to the economy, including enticing cruise ship to add Kodiak as a port of call. As referenced above Kodiak is also home to the country's largest United States Coast Guard base. Any ship coming to Kodiak would have to transit through the proposed critical habitat. We are concerned about the direct effects the proposed designation will have on our local economy. While Service estimates indicate minimal increases, even small percentages on the holistic projects we face, would be significant. We feel that the Service's assessments inadequately consider the direct cost of the applicant. These additional costs include delays of projects, outside consultants, attorneys, and additional staff time. We believe there is a significant unrecognized cost to the resident/consumer. These costs are related to delayed, diminished, and/or lack of services; elevated cost of goods and services; and a risk to health and safety. We are concerned because if this rule is approved, we will be completely surrounded by humpback whale critical habitat and the analyses gloss over potential limitations and negative impacts from that designation. Our experience with Stellar sea lion critical habitat and subsequent restrictions informs our caution on this issue, particularly given the large area proposed and the fact that it completely encloses Kodiak Island. Thank you, ; "<-77-7-- William Ro e Mayor, Kodiak Island Borough Tara Wellinsky From: My Federal Register<noreply@mail.federalregister.gov> Sent: Friday, January 17, 2020 10:10 AM To: Tara Welinsky Subject: [FR] Your comment on Endangered and Threatened Wildlife and Plants: Proposed Rule To Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales Thank you for creating a comment, your feedback is important. We have successfully submitted your comment to Regulations.gov for review by the National Oceanic and Atmospheric Administration. Your comment tracking number is below and can be used to retrieve your comment from Regulations.gov once it has been reviewed and if it is publicly posted by the National Oceanic and Atmospheric Administration. Comment Tracking Number: 1k4-9ehv--u7fs As a registered MyFR user you can also view your comment status and manage any followup subscriptions via your My Comments Rage. Below are details on the comment you submitted: Endangered and Threatened Wildlife and Plants: Proposed Rule To Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales A Proposed Rule by the National Oceanic and Atmospheric Administration Document URL https:/lwww.federalregister.dov; dr2019-25759 Published On 11/27/2019 Comment Submission Date 01 /17/2020 at 2:08 pm First Name Ta ra Last Name Welinsky Mailing Address 710 Mill Bay Road I Mailing Address 2 city Kodiak Country United States State or Province Alaska ZIP/Postal Code 99615 Ismail Address twelinsky@kodiakak.us Phone Number 9074869310 Fax Number Organization Name Kodiak Island Borough Comment See attached file(s) Uploaded Files Public Comment Letter for Humpback Whale Critical Habitat Designation FINAL.pdf Your comment may be viewable on Regulations.gov once the National Oceanic and Atmospheric Administration has reviewed it. This process is dependent on agency public submission policies/procedures and processing times. Use your tracking number to find out the status of your comment. 19Subscribe to Any Search Subscribe to an Agency's . Result 191-1 Documents Did you know that you can subscribe to any From any agency page on search result? After performing any search on Federal Register.gov you can choose to Federal Register.gov you can choose to receive receive email updates of new documents from any future documents that match your search viathat agency. Choices of subscriptions include email. Just click the subscribe button on the rightDocuments on Public Inspection, Newly side of the search box. Published Documents, and Documents Deemed Significant. Follow Federal Register on Twitter I Like Federal Register on Facebook gov uses your email address to enable you to receive email notifications according to your preferences. We retain only the only the personally manage my subscriptions N KODIAK ISLAND BOROUGH Meeting Type: Date:' k2bZO rlddbw rRlltl 1 yvul lldlllu luguny llyd,tr rl'[11V 1 YUUl lldlrlU ltr 1[.11 "P", .JtM.w�Cc,�. ��h•--. r c_ KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: o Convened: -714O Recessed: Reconvened: Adjourn d: BY: BY: BY: 9 BY: 54 BY: 19 SECOND: SECOND: SECOND: o SECOND: SECOND:si � 5 o � YES NO YES NO YES NO YES NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvora Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaug Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder ✓ Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner V Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons V Mr. Turner V Mr. Turner Mr. Turner I Mr. Turner i vli-Tmr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD A YONE LIKE TO CHANGE THEIR VOTE? TOTAL: 1771 TOTAL: I I TOTAL: TOTAL: ,0 TOTAL: The mayor may nolmote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Roberts I V1 I Mayor Roberts I I I Mayor Roberts I I I Mayor Roberts I I I Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Recessed: Reconvened: Adjourned: W A BY: +� SECOND: � {ICY � wVVV BY: �% SECOND: V1 A a u kn 'l A` � � 1 [/``/�/v BY: SECONDJ2 �,,,� � ,tA BY: SECOND: �� . V BY: SECOND: VV YES '-70 00NO YES NO YES NO YES NO YES NO Mr. Arndt Mr. ArndtMr. 0. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak i7o Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh V Ms. Kavanaugh -11 Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder. Mr. Schroede4 01Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner VMs. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons VFOMr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHAN THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the asse bly are present and there is a threelthree tie vote of the assembly. Roberts Mayor Roberts—FT I Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership {quorum}. Point of Order and Recess. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2020, No. 46 January 17, 2020 At Its Regular Meeting Of January 16, 2020, The Kodiak Island Borough Assembly Took The Following Actions: PROCLAIMED The Month Of January 2020 As National Stalking Awareness Month And Applauded The Efforts Of The Many Victim Service Providers, Police Officers, Prosecutors, National And Community Organizations, And Private Sector Supporters For Their Efforts In Promoting Awareness About Stalking. POSTPONED INDEFINITELY Ordinance No. FY2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ADVANCED Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut To The State Aid For Costs Of School Construction Debt Program To Public Hearing At The Next Regular Meeting Of The Assembly. RELEASED Memos Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney: Levesque (January 2014), Wohlforth (July 2012) and Jarmin (August 1994). APPROVED A Letter From Mayor Roberts Inviting Governor Dunleavy To Visit Kodiak Island Borough. AMENDED, APPROVED A Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. CONFIRMED The Mayoral Appointment Of Mr. Samuel Jordan To The Parks And Recreation Committee For A Term To Expire December 31, 2020. CONFIRMED The Mayoral Appointment Of Ms. Sarah Harrington To The Planning And Zoning Commission City Seat For A Term To Expire December 2021. CONFIRMED The Mayoral Appointment Of Mr. Douglas Hogen To The Solid Waste Advisory Board Construction Business Representative Seat. DECLARED The City Seat Of Mr. Steven Neff Vacant On The Solid Waste Advisory Board. CONVENED Into Executive Session For The Purpose Of Confidential Communications With, And Providing Direction To, The Borough's Representative Regarding Labor Negotiations With The IBEW . Invited The Mayor, Assembly, Borough Manager, Finance Director, And Borough Clerk Into Executive Session. ANNOUNCED That No Action Was Taken As The Result Of The Executive Session.