2008-01-09 Regular Meeting
SOLID WASTE ADVISORY BOARD
REGULAR MEETING MINUTES
January 9, 2008 @ 5:15 PM
Borough Conference Room
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Call to Order
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Chair Ed Mahoney called to order the Regular Meeting ofthe SWAB at 5:15pm on January 9,
2008 at KIB Conference Room.
Roll Call
M. Barber conducted a roll call and a quorum was established. The following persons were present:
Board Members Present Not Present Excused
Altenhof, Barry ./
Hinkle, Bill ./
Holm, Freya ./
Owen, Marion ./
Pillans, Richard ./
Mahoney, Ed ./
Rohrer, Dan ./
Also in attendance were:
Ex-Officio Members: Deb Darminio, Mark Kozak, Chris Lynch and Tracy Mitchell. Rick Gifford, Woody
Koning, Nova Javier and Mary Barber, Kodiak Island Borough. Larry Van Deale, ADF&G, Caroll Tracy,
Kodiak Sanitation and Steve Allbee, USCG ISC Kodiak. Others present were Bart and Debra Rippey, Alan
Torres, Hunter Roesler, Misty Maynard and Ben Millstein.
ApprovalofA2enda
M. Owen made a motion for the removal of items of the agenda and Chair Mahoney passed out
a new agenda for approval. Motion carried with a roll call vote.
Approval of Minutes - December 5, 2007
Chair asked for approval of minutes with the correction of spelling from new to knew.
Correction was made and minutes were approved.
Visitor Comments
A. Torres stated that he is a 15 year resident of Kodiak and when the SWAB was created they
knew it was a large job and there should have been weekly meetings to accomplish the job at
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hand. He stated he was very disappointed in the Board and that the Board should devote more
than a monthly meeting to developing a contract.
R. Pillans agreed with A. Torres. He stated the Board has a lot of work to do and should be
meeting more often.
C. Tracy wanted to let the Board know she handed out a picture showing a bear with a cart in
Canada. Refer to packet.
B. Millstein said he would like to see the Board enlist grad students who do research on
innovative solid waste programs around the country.
L. Van Daele handed out a letter written by him, State Dept. of Fish & Game to J. Selby
complimenting the Borough Assembly for devoting the time and resources necessary to take a
comprehensive look at the challenge of solid waste management here on Kodiak. He wanted
the Board and the Assembly to consider the impact their actions will have on the bear safety
program that has been developed for Kodiak. Refer to packet for complete letter.
Reports
Chair's Report
E. Mahoney told the Board he would like to see the Board get on track. Start having work
sessions along with the Board's regular meetings. He stated he was put out by Bell &
Associates pushing the process through without the Board having a handle on the big picture
first. He felt Bell & Associates were circumventing the process. Refer to packet for full report.
He stated that at Threshold's meeting January 8th there was discussion that the KIB might
extend the collections contract, so he feels the Board should go a new direction.
Discussion:
C. Lynch stated if the Board deviates from the contract the KIB could incur more cost.
D. Rohrer felt Bell & Associates was not encouraging the big picture. By piecing the RFP
together it's hard to know what the costs will be in the end. He likes the idea of putting the
collections part back into the pie.
M. Kozak agreed with D. Rohrer and said that since the very beginning it feels like there has
been a push to hurry the process along.
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B. Hinkle agreed with everyone, but stated the delay could end up costing the KIB quite a bit
more money. He felt the memo from Bell & Associates was pretty much what the Board
wanted to see in the RFP. He felt the process is confusing and understands the push, but likes
the extension concept.
E. Mahoney asked R. Gifford if the KIB has extended the collections contract.
R. Gifford said there is talk of an extension, but it will need to go before the Assembly for
approval.
D. Rohrer suggested that the RFP be removed from the contract if the collections contract is
extended.
R. Gifford stated that if the collections contract is extended for 2 years, time goes by fast and
collections will need to be part of the final product.
D. Rohrer suggested the Board move away from collections, possibly work on transfer stations.
M. Kozak said there are issues with snow and ice where trash is concerned. Tuesday trash
wasn't picked up in Aleutian homes and it was being blown all over the place. Trucks do have a
hard time when there are snow berms in front of or beside the trash bins.
Unfinished Business
None
New Business
Removal of the RFP process from Bell & Associates Study.
Discussion:
E. Mahoney stated he was hesitant on moving forward with the collections RFP.
D. Rohrer wasn't sure if the Board should remove it or bump it to the end of the process.
E. Mahoney said it should be moved to the end. He stated he is very impressed with the Juneau
study and feels the Board should follow it.
F. Holm would like the Board to ask Bell & Associates help develop the next stage of the study
to work on.
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E. Mahoney wants to have a work session to decide what the next item to work on should be.
D. Rohrer reminded the Board that Bell is working off a contract and they should be the ones to
decide the next step. According to the email dated December 20, 2007 from C. Bell to R.
Gifford, the longer the Board and the Borough reconsider prior decisions the more expensive
this process will become.
F. Holm asked R. Gifford about the collections RFP and ifthere was going to be an extension on
the current contract.
R. Gifford said that the Board is only seeing one side of the emails between the KIB and Bell. He
understands the Boards concerns, but ultimately the Borough is responsible for keeping Bell &
Associates up to date on the Boards process.
E. Mahoney said he has a problem with the Borough going to Bell and not the Board.
R. Gifford reminded the Board that the Borough has the contract with Bell.
C. Lynch suggested if the Board is going to pick a different item to work on they need to use the
guidance survey that Bell & Associates gave to them in the beginning of this process. There is a
flowchart of items and that's where the Board needs to put their focus.
E. Mahoney stated that was good advice. Take a piece of the puzzle and start from there.
M. Kozak wanted to know if there is any actual figures as to what the difference in cost of
current contract would be if the process is fast or not?
T. Mitchell stated there would be an increase of approximately $400,000 to the current
contract.
E. Mahoney said the Board doesn't need to get into the specifics of the current collections
contract cost. Asked the Board about moving the RFP process or remove it completely?
R. Pillans wanted to know about delaying the RFP.
D. Rohrer made a motion to recommend to the Assembly to move the RFP in Bell's contract
from 5B to lOB.
Discussion:
B. Millstein stated that the Board may be able to leave that up to the Manager.
R. Gifford told the Board that he needs to know what the Board wants.
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E. Mahoney said the Board wants the final draft prior to going to the Assembly with
recommendations.
D. Rohrer said the Board may not need the final draft.
R. Pillans asked if the scope of work changed how it would affect Bell's cost.
Being no second on the motion the motion died.
Visitor Comments
A. Torres said the cost to the community the first year will be substantial and even more the
second year if the collections contract is extended.
W. Koning addressed two points to the Board. One being a RFP doesn't take a couple of weeks
to go out and get, one must develop the RFP, advertising and selection all take time. Also, he
wanted to let the Board know that an RFI is nothing more than a recruiting effort to see what
interest if any is out there. Second point is that the Board should continue to make decisions
that Bell & Associates organizes for the Board to recommend to the Assembly. This doesn't set
these recommendations in stone; it just keeps the process moving forward.
Board Comments
M. Owen wanted a recommendation from W. Koning about which piece of the pie the Board
should work on next.
W. Koning stated that Staff should talk to Bell & Associates for a recommendation.
M. Owen wondered about the landfill life and felt the Board should have more meetings to get
this study moving along.
F. Holm - none
D. Rohrer stated Bell & Associates have another twelve months by extending the collections
contract, so he felt the Board should meet every couple of weeks.
C. Lynch - none
M. Kozak said W. Koning had valid points. He didn't see any reason why the Board can't move
forward with the information already addressed and forwarded to Bell.
B. Hinkle said he agreed with the Board having more meetings. Need to sit down and figure it
all out. He didn't understand the recycling part of the RFP.
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T. Mitchell- none
B. Altenhof said he was glad about the discussion that took place tonight.
R. Pillans also said he was happy with the discussion and wants the Board to have more
meetings, possibly meet once a week.
D. Darminio - none
E. Mahoney said he felt the Board has reached a turning point. He agrees with the rest of the
Board to have more meetings. He wants to begin looking at the big picture. He asked the
Manager to check with Bell & Associates for topic they feel should be addressed.
Meetin2 Scheduled
None. Board will wait to hear from R. Gifford, once he has spoken to Bell & Associates before
setting a date for a work session.
Adiourn
There being no further business, Chair adjourned the meeting at 7:00PM.
SUBMITTED BY:
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Mary J. Bar cretary
KIB Engineering/Facilities Department
Date:
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Date:
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SARAH PALIN, GOVERNOR
DEPARTMENT OF FISH AND GAME
211 Mission Road
Kodiak, AK 99615
PHONE: (907) 486-1880
FAX: (907) 486-1869
E-MAIL: larry.vandaele@alaska.gov
DIVISION OF WILDLIFE CONSERVATION
October 25, 2007
Jerome M. Selby, Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Mayor Selby,
I would like to compliment you and the Borough Assembly for devoting the time and resources
necessary to take a comprehensive look at the challenge of solid waste management here on
Kodiak. Mr. Mahoney invited me to attend the solid waste advisory board's meeting last night as
Bell and Associates presented their preliminary recommendations pertaining to collection
options. During the presentation it was obvious that the consultants have a good start at
gathering information about our community and synthesizing that information into plans that can
reduce the "waste stream", encourage recycling, and fairly distribute the cost of disposal.
As the Advisory Committee and the Assembly consider the options presented by Bell and
Associates, I strongly recommend you consider the impacts of your actions on the cooperative
bear safety program we have developed for Kodiak during the past several years. Because of this
joint effort, we have reduced bear problems considerably even though bears continue to frequent
our area. The key factors to this success include public education and minimizing opportunities
for bears to get in to any human-related foods (including garbage). I am concerned that our
efforts could be undermined, however, if collection methods are changed to include curbside
pick-up for areas outside of the city limits. Such a system would increase property damage
caused by bears and ultimately reduce public safety.
Thank you again for your efforts in tackling this difficult subject and for allowing me to share my
professional opinions. I will be glad to assist you in any way I can throughout the planning and
implementation process.
Sincerely,
ff-
Larry Van Daele, Ph.D.
Kodiak Area Wildlife Biologist
cc: Kodiak Island Borough Assembly members
Chair Report
Meeting of 1-09-08
. Oct 5-2()()(i Ltr from CH2MHill Re; Proposal for Design and Construction
Services f Kodiak Landfill Lateral Expansion.
. On 9 Oct 2006- ON Site Leachate Treatment Evaluation for Lateral
Expansion. (I think that was for $14-16K)
. On or about Nov. 16,2006 Sole Source contract with CH2MHill for
$392,599.00 based on a landfill date of June 08.
. Change order dated Jan-I5-07 for $9,994.00 to evaluate the remaining
landfill life. (Discovers that there is 8.6 yrs life left in landfill).
'"
. Change order dated Feb 27,07 for "Ground Truth evaluation" of above.
(Could have 13.5 years left in landfIll)
. Dec 18, 2007 I go to Engineering and Faculties and view Bell fIle. I discover
no Business Lic and no Corporate certificate of authority. I inform Tracy
and end up with Woody. Woody informs me he will get me a report.
. I attend KIB Assembly work session on Tue Dec. 18, 2007 and gain support
for the board to do the work intended. ~ l ~ ~
. Dec 19, 2007 I discover that Bell has the business license.
. 'I meet with Woody on or about Dec 27, 2007 and informed him that Bell was
still not on line with the Corporate Certificate of authority. He informed me
that Bell did not need to be professionalt licensed in the state which I agree
with. I again reminded him that per the em ail I gave him, the Corporate
Certificate of authority is a must. ~ ~ ~
. I also requested a records search for certain information from the KIB
Clerk. (I received that information Yesterday)
. On Jan 2rd I asked Tracy to make copies of Juneau' MSW report and the
Bell response to the RFP KIB put out.
. I picked up the reports on Jan 3rd and started handing them out. I feel the
Juneau report will be very similar to the Kodiak fmal report.
. On Jan 8th I got the information I requested and made copies of an email to
Rick Gifford from Chris Bell regarding SW progress. You have that copy.
. I also received an email dated Dec. 21, 2007 from Chris Bell indication he
indicated he works exclusively with subcontractors and has no employees as it
makes life and the paper work much easier. I would suggest that those
subcontractors have to operate within the guidelines of #19 Subcontractine: in
the Agreement of the Solid Waste Mgmt Study. I do not think that has
happened. (supplied to you) .
. And f'mally I reviewed the minutes of the May 16,2007 meeting of Public
Works and Facilities Committee Meeting in Juneau. Chris Bell states, "The
biggest component is Disposal, both for the short- and long-term."
...
Andrew Carmichael
From:
Sent:
To:
Cc:
Subject:
Rick,
I ~ '-:'~1"''''~~-
Chris Bell [solidwaste@comcast.net]
Tflursday, December 20,20071:04 PM
Rick Gifford "'Ai""
Ti'acyL. Mitchell; Woody Koning; RHertzbg@aol.com; 'Constance Hornig'
SW Progress
J"l @)'fN; 771,< I)~? Tf4r-y tw.~~~
ll-n the progress of the SW Study andiUir.,diicUSSiOllle,OJtN,~_~
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Time Frame: So far, the RFP process has been pushed back two mqnths. The longer we wait for the Assembly to provide
the necessary approval of the current process, the more expensive it will be for the Borough. Right now, we have the
opportunity to get the word out that Kodiak is seeking services. As I told Tracy, people are more apt to dOing desk work
and reading when the weather is cold and dark, so right now is when we need to be moving on this process. It will be
very difficult to keeps potential bidder's attention when the weather turns warm and the fish are running.
_he longer the SWAB and the Borough reconsider prior decisions, the more expensive this process
will become. If we can move forward with the decisions that have already been mil de, we can keep this project within
the budget. If it is decided to slow down the process, then I need to review the additional hours that will be necessary to
'accommodate the Borough~ .u - ,_L......._ ..a__l'-~ V -I '1 .....ei8;Y$iw!1l.f1Ot.Pf kNMIIAW)tU~.tlKMU9~"'t
I'" - -- -..- .&--.".... Uil
Conflicts of Interest"~L -~.,,~ ."-~~-'t ~-"""'Ia -.-... ~".i-. ~_... t~ \,'--...16. +- b.....
. One of the issues that keeps coming up in the discussion with the SWAB is what are the specific
details of the upcoming RFPs. 0 ou there will I be a few eo Ie that will Rualify 0 be in the
development phase of the RFP because of their c~s. Lv . aeP
RFP Process: We need to get the approval of the Assembly for the proposed collection system. M..- ..I~"tlc~_~'.
~'~,y;;:=based,en,t~e<approVal_ttle,.c.w.uw 6aP.tter.
. liT . tq,~.....,-~......Decembet:mUtjn85<totM,.~pd,ask.toI:elther
.ii' r n~ iU'U'l '. --"~iI"JP:~MIilbM:la,aFlJ. Our timeline is dependent on being able to do a majority of the work
in Janua~ '
Give me a call either today or tomorrow (after 11:00 am your time) to discuss the issues further.
Chris
Chris 8ell, CPA
Bell & Associates, Inc.
Ph. 360-326-8937
Fax 360-326-8925
Cell 360-773-7676
/,- From:
, ",,-,,",, Sent:
To:
Subject:
Chris Bell [solidwaste @corncast.net]
Friday, December 21,200712:48 PM
Tracy L Mitchell
RE: Certificate of Insurance
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Tracy,
No employees. I work witl1"" . 'L,,' -, 'T .io:.L _..L_ ~ "'~.It makes life, and the paper work, much easier.
Chris ~
From: Tracy L Mitchell [mailto:tmitchell@kodiakak.us]
Sent: Friday, December 21, 2007 10:41 AM
To: Chris Bell
Cc: Mary Barber
Subject: Certificate of Insurance
I
Hi Chris,
IL _Jf ~dI O~. .
I have been requested to request, if you have employees, to show, on your certificate of insurance, the workers
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compensation requirement in the agreement between Bell & KIB.
Thanks.
Tracy
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(5) Reasonable evidence that the project cannot be completed for the unpaid balance
of the contract sum;
(6) Reasonable evidence that the project will not be completed within the contract
time
(7) Persistent failure to perfonn the services in accordance with the contract
documents.
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16. Final Comoletion and Final Payment. If the project is totally complete the KIB will
cause a final certificate' of payment and make payment to the Consultant within thirty (30)
days of the date that the project was certified as finally complete on the conditions set forth
below.
17. Termination and Default. If the Consultant is adjudged a bankrupt, or if he makes a
general assignment for the benefit of his creditors, or if a receiver is appointed on account
of his insolvency, or if he refuses or fails, except in cases for which extension of time is
provided, to supply enough properly skilled professionals or proper services, or if he fails
to make prompt payment to subcontractors or for mllterials or labor after he has been paid,
or persistently disregards, laws, ordinances, rules, regulations or order of any public
authority having jurisdiction, or otherwise is guilty of a violation of a provision of this
Agreement, then the KIB may, without prejudice to any right or remedy and after giving
the Consultant seven (7) days written notice, terminate the employment of the Consultant
and take possession of all materials and documents prepared by the Consultant in
connection with the project, and may finish the work by whatever method he may deem
expedient. In such case the Consultant shaH not be entitled to receive any further payment
until the work is finished.
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(i). If the unpaid balance of the contract sum exceeds the costs of finishing the project,
including compensation for the Project Manager's additional services made necessary
thereby, such excess shall be paid to the Consultant. The amount to be paid to the
Consultant shall be certified by the Project Manager, upon application, and this obligation
for payment shall survi ve the termination of the contract.
18. Asshmment. This Agreement shan not be assigned by operation of law or through
negotiated agreement by the Consultant without the written pennission of KIB. However,
subcontracting portions of the project to be performed pursuant to this Agreement shall not
be considered an assignment for the purposes of this Agreement.
19. J~_L~'~lg~-.- "f"~~&W~Wb~,qpraa~~D.conge~
. . ~ li~lII JI -,;-~.-~ . ,.A)I~g;;!(()'be;boundby,.c.on~
20. Waiver. Failure of the KIB or the Consultant to enforce a specific section of this
Agreement against one another or to (fnforce a particular demand of the KIB or the
Consultant made pursuant to the terms of this Agreement shall not effect a waiver of any of
the KlB's or the Consultant's rights and powers as set forth in this Agreement.
Agreement Solid Waste Mgmt Study FlNAL.doc
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