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2004-09-09 Work SessionASSEMBLY WORK SESSION September 9, 2004 - 7:30 p.m. Borough Conference Room AGENDA CITIZENS' COMMENTS (limited to three minutes per speaker) ITEMS FOR DISCUSSION PACKET REVIEW MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLYMEMBER COMMENTS Items for future Assembly work session discussion: Airport Car Crusher Facilities Fund Gravel Landfill - Transfer Stations - Garbage in General Management Review of Borough Operations Meeting with P &Z - Mobile Home Ordinance Changes - Appeal Ordinance Changes Noise Ordinance Swimming Pool ON LEAVE Branson - September 26- October 3 September 2004 9- 7:30 pm Assembly Work Session - CR 7:30 pm City Council Regular Meeting - AC 14- 7:00 pm Parks and Recreation Committee Meeting - AC 7:00 pm ARB Committee Meeting - KFRC 15- 7:30 pm Planning and Zoning Commission Regular Meeting - AC 16- 7:30 pm Assembly Regular Meeting - AC 18- 6:30 pm Bayside Fire Station Award Banquet - BFH 20- 7:00 pm Board of Education Regular Meeting - AC 21- 7:30 pm Planning and Zoning Commission Special Meeting - AC City Council Work Session - SD /CR 23- 7:30 pm City Council Regular Meeting - AC 24- Providence Regional Board Meeting 28- 7:00 pm Parks and Recreation Committee Meeting - AC 30- 7:30 pm Assembly Work Session - CR 4- 5- 7- 12- 13- 14- 18- 19- 20- 26- 28- 7:00 pm ELECTION 7:30 pm 7:00 pm 7:30 pm 7:30 pm 7:30 pm 7.30 pm 7:00 pm 7:30 pm 7:30 pm 7:00 pm 7:30 pm 7:30 pm 7:30 pm 1- 7:00 pm 2- ELECTION 4- 7:30 pm 9- 7:00 pm 7:30 pm 10- 7:30 pm 11- CLOSED 7:30 pm 15- 7:00 pm 16- 7:30 pm 17- 7:30 pm 18- 7:30 pm 23- 7:00 pm 7:30 pm 25- CLOSED 7:30 pm 30- 7:30 pm ASSEMBLY CALENDAR October 2004 Board of Education Work Session - SD /CR Municipal Election Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Planning and Zoning Commission Work Session - CR Assembly Work Session - CR City Council Regular Meeting - AC Board of Education Regular Meeting - AC Planning and Zoning Commission Regular Meeting - AC Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Assembly Work Session - CR City Council Regular Meeting - AC November 2004 Board of Education Work Session - SD /CR General Election Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Planning and Zoning Commission Work Session - CR Borough Offices Closed in Observance of Veteran's Day City Council Regular Meeting - AC Board of Education Regular Meeting - AC Assembly Work Session - CR Planning and Zoning Commission Regular Meeting - AC Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Borough Offices Closed in Observance of Thanksgiving Day City Council Regular Meeting - AC Assembly Work Session - CR ASSEMBLY WORK SESSION September 9, 2004 - 7:30 p.m. Borough Conference Room AGENDA CITIZENS' COMMENTS (limited to three minutes per speaker) ITEMS FOR DISCUSSION PACKET REVIEW MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLYMEMBER COMMENTS September 2004 9- 7:30 pm Assembly Work Session - CR 7:30 pm City Council Regular Meeting - AC 14- 7:00 pm Parks and Recreation Committee Meeting - AC 7:00 pm ARB Committee Meeting - KFRC 15- 7:30 pm Planning and Zoning Commission Regular Meeting - AC 16- 7:30 pm Assembly Regular Meeting - AC 18- 6:30 pm Bayside Fire Station Award Banquet - BFH 20- 7:00 pm Board of Education Regular Meeting - AC 21- 7:30 pm Planning and Zoning Commission Special Meeting - AC City Council Work Session - SD /CR 23- 7:30 pm City Council Regular Meeting - AC 24- Providence Regional Board Meeting 28- 7:00 pm Parks and Recreation Committee Meeting - AC 30- 7:30 pm Assembly Work Session - CR 4- 7:00 pm 5- ELECTION 7- 7:30 pm 12- 7:00 pm 7:30 pm 13- 7:30 pm 14- 7:30 pm 7:30 pm 18- 7:00 pm 19- 7:30 pm 20- 7:30 pm 26- 7:00 pm 7:30 pm 28- 7:30 pm 7:30 pm 1- 7:00 pm 2- ELECTION 4- 7:30 pm 9- 7:00 pm 7:30 pm 10- 7:30 pm 11- CLOSED 7:30 pm 15- 7:00 pm 16- 7:30 pm 17- 7:30 pm 18- 7:30 pm 23- 7:00 pm 7:30 pm 25- CLOSED 7:30 pm 30- 7:30 pm ASSEMBLY CALENDAR October 2004 Board of Education Work Session - SD /CR Municipal Election Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Planning and Zoning Commission Work Session - CR Assembly Work Session - CR City Council Regular Meeting - AC Board of Education Regular Meeting - AC Planning and Zoning Commission Regular Meeting - AC Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Assembly Work Session - CR City Council Regular Meeting - AC November 2004 Board of Education Work Session - SD /CR General Election Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Planning and Zoning Commission Work Session - CR Borough Offices Closed in Observance of Veteran's Day City Council Regular Meeting - AC Board of Education Regular Meeting - AC Assembly Work Session - CR Planning and Zoning Commission Regular Meeting - AC Assembly Regular Meeting - AC Parks and Recreation Committee Meeting - CR City Council Work Session - SD /CR Borough Offices Closed in Observance of Thanksgiving Day City Council Regular Meeting - AC Assembly Work Session - CR Judi Nielsen From: Nancy Wells [nwells @kanaweb.org] Sent: Friday, September 03, 2004 11:47 AM To: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson Subject: slaughterhouse Judy, Could you please get the tax records for this property. I would like info on who has been paying each year and amount of tax before our work session next week. Pat may have already gotten this together for my previous request. Thanks Nancy 1 Judi Nielsen From: Nancy Wells [nwells @kanaweb.org] Sent: Tuesday, September 07, 2004 8:59 AM To: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson Subject: Women's Bay Council Meeting Tonight The fence issue around Brechan's Asphalt plant is going to come up tonight. There are a few leaning posts and some strands of wire that in most places are on the ground but most people would not refer to this as a fence. There was a requirement for fencing in the purchase agreement with the borough. Community rumor is that Brechan has not been given a the deed to this property that it still rests with KIB because though Brechan paid off the note, there are still stipulations in the agreement that have not been fulfilled. Could we please get this clear once and for all. Did KIB deem the purchase agreement fulfilled and give clear title and deed to Brechan and when, and if not then we really need to talk about this as an assembly. Pat, I know you may not be able to get this info back to me by the end of the day, but we need to get this cleared up. Second, I believe that the Women's Bay Council is going to sponsor a meet the candidates meeting this month. Just heads for those people running. Date should be set tonight. Nancy 1 Judi Nielsen From: Pat Carlson Sent: Tuesday, September 07, 2004 10:24 AM To: 'Nancy Wells'; Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E -mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail) Subject: RE: Women's Bay Council Meeting Tonight Hi Nancy, here is my best shot at the situation. Brechan received Quit Claim title from the Borough subject to a Deed of Trust that was further subject to the approved development plan as ammended by KIB Resolution 81 -1 -8. The minutes of this action reflect the addition to the plan that passed 6 -1 for "The planting of trees along Uyak and the erection of a fence." per the minutes *. Without benefit of legal counsel and review, my understanding is that KIB potentially has the authority to seek judicial action for enforcement of the development plan as a foreclosure for failure to complete the terms of the deed of trust, hence a "cloud" on the title. I would look to the Assembly for direction on this issue given the need for legal review and direction. As we discussed there is no fencing requirement in the Industrial zone at this time. I hope this helps answer some of the questions...Thanks Pat It is assumed this means Uyak Drive in the Development plan. This street has been renamed to Bells Flats Road to the intersection of and including Salmonberry Drive. In other words the paved way to Middle Bay Drive from South Sargent Creek Road pass the old pit and Asphalt plant. Original Message From: Nancy Wells [mailto:nwells @kanaweb.org] Sent: Tuesday, September 07, 2004 8:59 AM To: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E mail); Tuck Bonney (E -mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson Subject: Women's Bay Council Meeting Tonight The fence issue around Brechan's Asphalt plant is going to come up tonight. There are a few leaning posts and some strands of wire that in most places are on the ground but most people would not refer to this as a fence. There was a requirement for fencing in the purchase agreement with the borough. Community rumor is that Brechan has not been given a the deed to this property that it still rests with KIB because though Brechan paid off the note, there are still stipulations in the agreement that have not been fulfilled. Could we please get this clear once and for all. Did KIB deem the purchase agreement fulfilled and give clear title and deed to Brechan and when, and if not then we really need to talk about this as an assembly. Pat, I know you may not be able to get this info back to me by the end of the day, but we need to get this cleared up. Second, I believe that the Women's Bay Council is going to sponsor a meet the candidates meeting this month. Just heads for those people running. Date should be set tonight. Nancy Judi Nielsen From: Sent: To: Subject: Pat Carlson Tuesday, September 07, 2004 10:55 AM 'Nancy Wells'; Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E -mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail) RE: Slaughterhouse Tax Data. Slaughterhouse Taxes.xls Hi again Nancy, I have compiled the current assessed values and taxes for the Slaughterhouse property on the attached spreadsheet. As you will notice, the parties have internally allocated the whole tract, which the assessment on the land reflects the whole tract as the parcel is not legally subdivided and a request to accomplish that has been denied. Please let me know if this covers your request.... Thanks Pat 1 SubParcel Description Co -Op Slaughterhouse Co -Op Russell Shop Only Co -Op Jacobsen Shop Only Co -Op Fields Trailer Co -Op Fields Storage Co -Op Burton Co -Op Burton Co -Op Stratman Metals Area Co -Op Dorman Barn Co -Op Dorman Totals = 27.950 *Taxes reflect 2005 levy @ 13.5 mills Land Land Allocation Value 4.512 $79,000 - $ - $ - 5.271 $ 92,200 1.970 $34,500 1.003 $17,600 1.404 $24,600 4.631 $ 81,000 5.000 $ 87,500 4.159 $ 72,800 Building Value $ 184,900 $ 69,000 $ 136,100 $ 61,300 $ 7,800 $ - $ - $ - $ 54,600 $ - Total Value $ 263,900 $ 69,000 $ 136,100 $ 153,500 $ 42,300 $ 17,600 $ 24,600 $ 81,000 $ 142,100 $ 72,800 *Taxes with Road & Fire $ 3,563 $ 932 1,837 2,072 571 238 332 1,094 1,918 983 489,200 513,700 1,002,900 13,539.150 These parcels were allocated based on the Co -Op requests to simplify there books. Judi Nielsen From: Nancy Wells [nwells @kanaweb.org] Sent: Tuesday, September 07, 2004 2:02 PM To: Pat Carlson Cc: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E -mail) Subject: Re: Women's Bay Council Meeting Tonight Thanks Pat, I guess my suggestion is we need to take this up as an Assembly and discuss what to do next. Pat Carlson wrote: > Hi Nancy, here is my best shot at the situation. Brechan received Quit Claim title from the Borough subject to a Deed of Trust that was further subject to the approved development plan as ammended by KIB Resolution 81 -1 -8. The minutes of this action reflect the addition to the plan that passed 6 -1 for "The planting of trees along Uyak and the erection of a fence." per the minutes *. Without benefit of legal counsel and review, my understanding is that KIB potentially has the authority to seek judicial action for enforcement of the development plan as a foreclosure for failure to complete the terms of the deed of trust, hence a "cloud" on the title. I would look to the Assembly for direction on this issue given the need for legal review and direction. As we discussed there is no fencing requirement in the Industrial zone at this time. I hope this helps answer some of the questions..Thanks Pat > It is assumed this means Uyak Drive in the Development plan. This street has been renamed to Bells Flats Road to the intersection of and including Salmonberry Drive. In other words the paved way to Middle Bay Drive from South Sargent Creek Road pass the old pit and Asphalt plant. > Original Message > From: Nancy Wells [mailto:nwells @kanaweb.orgj > Sent: Tuesday, September 07, 2004 8:59 AM > To: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E -mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson > Subject: Women's Bay Council Meeting Tonight > The fence issue around Brechan's Asphalt plant is going to come up tonight. There are a few leaning posts and some strands of wire that in most places are on the ground but most people would not refer to this as a fence. There was a requirement for fencing in the purchase agreement with the borough. > Community rumor is that Brechan has not been given a the deed to this property that it still rests with KIB because though Brechan paid off the note, there are still stipulations in the agreement that have not been fulfilled. Could we please get this clear once and for all. Did KIB deem the purchase agreement fulfilled and give clear title and deed to Brechan and when, and if not then we really need to talk about this as an assembly Pat, I know you may not be able to get this info back to me by the end of the day, but we need to get this cleared up. > Second, I believe that the Women's Bay Council is going to sponsor a meet the candidates meeting this month. Just heads for those people running. Date should be set tonight. > Nancy 1 Judi Nielsen From: Nancy Wells [nwells @kanaweb.org] Sent: Tuesday, September 07, 2004 2:06 PM To: Pat Carlson Cc: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E -mail) Subject: Re: Slaughterhouse Tax Data. Thanks again Pat. Last question, is the Kodiak Co -op paying the taxes, or are all the individual members paying with separate checks? Pat Carlson wrote: > Hi again Nancy, I have compiled the current assessed values and taxes for the Slaughterhouse property on the attached spreadsheet. As you will notice, the parties have internally allocated the whole tract, which the assessment on the land reflects the whole tract as the parcel is not legally subdivided and a request to accomplish that has been denied. Please let me know if this covers your request.... Thanks Pat > Slaughterhouse Taxes.xls excel) > Encoding: base64 Name: Slaughterhouse Taxes.xls Type: Microsoft Excel Worksheet (application /vnd.ms- > Description: Slaughterhouse Taxes.xls 1 From: Pat Carlson Sent: Tuesday, September 07, 2004 3:18 PM To: 'Nancy Wells' Cc: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E -mail) Subject: RE: Slaughterhouse Tax Data. As I recall we set the billings up so each party could monitor there "share ". We would have to confirm through records research how they are paying the bill which would take some time, but I believe it comes from the Co -Op. Original Message From: Nancy Wells [mailto:nwells @kanaweb.org] Sent: Tuesday, September 07, 2004 2:06 PM To: Pat Carlson Cc: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E -mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E -mail) Subject: Re: Slaughterhouse Tax Data. Thanks again Pat. Last question, is the Kodiak Co -op paying the taxes, or are all the individual members paying with separate checks? Pat Carlson wrote: > Hi again Nancy, I have compiled the current assessed values and taxes > for the Slaughterhouse property on the attached spreadsheet. As you > will notice, the parties have internally allocated the whole tract, > which the assessment on the land reflects the whole tract as the > parcel is not legally subdivided and a request to accomplish that has > been denied. Please let me know if this covers your request....Thanks > Pat Judi Nielsen > Slaughterhouse Taxes.xls excel) Name: Slaughterhouse Taxes.xls Type: Microsoft Excel Worksheet (application /vnd.ms- Encoding: base64 Description: Slaughterhouse Taxes.xls 1 Judi Nielsen From: Nancy Wells [nwells @kanaweb.org] Sent: Wednesday, September 08, 2004 11:18 AM To: Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin lieinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson Subject: DEC - General Permits, Women's Bay Women's Bay Council is not having candidates night. To many things going on. But they are inviting all of the Borough Assembly and the candidates for borough offices to the "Meet the Truck" celebration, scheduled for Sept. 25th, a picnic, barbecue informal opportunity to meet the community and see the new fire truck. They will be sending out an invitation soon. I had placed a call to DEC yesterday morning to try and find out info on the general permits. Beverly Williams, DEC, returned that call today re General permits for asphalt plants. Last year when these were up for public imput there was talk of permanent plant permits versus moveable, temporary etc. New permits have language that speaks to having 2 years on any site if relocated, and 1 year if the relocation took place during the re permitting process last year. It doesn't seem to speak to plants that were sited. My concern is that this 2 year provision NOT apply to Brechan and also to understand what ramifications would be if Brechan chose in the future to move, re: if Salonie were to be developed into some sort of industrial park. As we have a proposal coming from KISA regarding Salonie, I want to have all the info we can to use on our crystal ball. Beverly will be researching and getting back to us. Have a good day. Nancy 1 Judi Nielsen From: Sent: To: Subject: Brechan's Location Regirements... Wow! Answer 1. Especially in light of answer number 2. I am floored. What do we want to do now? Nancy Nancy Wells [nwells @kanaweb.org] Thursday, September 09, 2004 11:04 AM Judi Nielsen; Gabrielle LeDoux; Tom Abell (E- mail); Mike Anderson (E- mail); Tuck Bonney (E- mail 2); Pat Branson (E -mail 2); Robin Heinrichs (E- mail); Cecil Ranney (E- mail); Pat Carlson [Fwd: Brechan's Location Reqirements as required by GP3] 1 Brechan's Location Reqirements as required by GP3 Page 1 of 1 Judi Nielsen From: Williams, Beverley [Beverley_williams @dec.state.ak.us] Sent: Wednesday, September 08, 2004 3:46 PM To: 'Nancy Wells' Cc: Baumgartner, Jim; Espinoza, Cynthia; Dolan, Robert; 'Bob Hales'; 'Bill Oliver' Subject: Brechan's Location Reqirements as required by GP3 Nancy, I have investigated your two questions you have asked regarding the GP3 siting location requirements of the General Permit #3 (GP3) for Asphalt Plants constructed or modified after June 11, 1973. 1. What is Brechan location requirements under the current permit? Since Brechan moved a new asphalt AESCO /MADSEN asphalt plant (construction permit 0125 -AC007 issued June 22, 2001) from the Kodiak Airport (operated in 2001) to the Bell Flats Area in the spring 2002, and was combined with the existing cedar rapids Batch Mix Plant (332GP301 issued on 5/1/1998). This combined unit is now recognized as the Bell Flats Asphalt Plant (332GP302 issued on September 12, 2003). This source did operate in 2003 at the Bell Flats location. Brechan is subject to GP3 condition 38b for location requirements, and if they have operated during the 2004 construction period, this is the last season they can operate the asphalt plant at this Bell Flats location. 2. What if Borough has another property that they could offer to Brechan or another asphalt plant to move to, what is the requirements of the GP? Assuming that the asphalt plant want to operate under the GP3, the answer to that one can be found in condition 38, the source can operate up to two construction seasons with distance requirements outlined which is dependent the terrain the source is located in. An asphalt plant has the option to apply for a Title V Operating Permit if they wish to stay in a the same location for more than two construction seasons. The GP3 requirements may change due to the up coming Minor Permit Program currently under development. Thank you, Bev 9/9/2004 Message Page 1 of 2 Judi Nielsen From: Pat Carlson Sent: Thursday, September 09, 2004 11:54 AM To: Judi Nielsen Subject: FW: Brechan's Location Reqirements as required by GP3 Hi Judi, can you forward this to the Assembly...Thanks Pat Original Message From: Bill Oliver [mailto:fandrinc @gci.net] Sent: Thursday, September 09, 2004 11:42 AM To: Pat Carlson Subject: Fw: Brechan's Location Reqirements as required by GP3 Original Message From: Bill Oliver To: Williams, Beverley ; 'Nancy Wells' Cc: Baumgartner Jim ; Espinoza, Cynthia ; Dolan Robert ; 'Bob Hales' ; Tom Chapple ; Michael Martin ; Eric Fjelstad Sent: Thursday, September 09, 2004 11:08 AM Subject: Re: Brechan's Location Reqirements as required by GP3 Beverly: We disagree in the strongest possible terms with your conclusion that this is the last season we can operate the asphalt plant on our Bells Flat property. We moved the Aesco/Madsen component onto this location on October 25, 2001 and I have the time cards to prove it. We believe that we are in compliance with the distance limitations in section 38b of the general permit. We do not believe 38b applies to to our case anyway, because we did not move to this location under this permit. Two years ago Brechan Enterprises was put to considerable effort and expense by inaccurate information coming out of ADEC. I refer to the model projecting excessive air emissions from out plant. Your conclusion that we can not operate our plant at Bells Fat next year is the same sort of inaccruate, damaging information, and should be corrected immediately. Bill Oliver From: Williams Beverley To: 'Nancy Wells' Cc: Baumgartner, Jim ; Espinoza, Cynthia ; Dolan, Robert ; 'Bob Hales' ; 'Bill Oliver' Sent: Wednesday, September 08, 2004 3:45 PM Subject: Brechan's Location Reqirements as required by GP3 Nancy, I have investigated your two questions you have asked regarding the GP3 siting location requirements of the General Permit #3 (GP3) for Asphalt Plants constructed or modified after June 11, 1973. 1. What is Brechan location requirements under the current permit? Since Brechan moved a new asphalt AESCO /MADSEN asphalt plant (construction permit 0125 -AC007 issued June 22, 2001) from the Kodiak Airport (operated in 2001) to the Bell Flats Area in the spring 2002, and was combined with the existing cedar rapids Batch Mix Plant (332GP301 issued on 5/1/1998). This combined unit is now recognized as the Bell Flats Asphalt Plant 9/9/2004 Message Page 2 of 2 (332GP302 issued on September 12, 2003). This source did operate in 2003 at the Bell Flats location. Brechan is subject to GP3 condition 38b for location requirements, and if they have operated during the 2004 construction period, this is the last season they can operate the asphalt plant at this Bell Flats location. 2. What if Borough has another property that they could offer to Brechan or another asphalt plant to move to, what is the requirements of the GP? Assuming that the asphalt plant want to operate under the GP3, the answer to that one can be found in condition 38, the source can operate up to two construction seasons with distance requirements outlined which is dependent the terrain the source is located in. An asphalt plant has the option to apply for a Title V Operating Permit if they wish to stay in a the same location for more than two construction seasons. The GP3 requirements may change due to the up coming Minor Permit Program currently under development. Thank you, Bev 9/9/2004 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — September 16, 2004 APPROVED: Motion to adjourn. SUMMARY APPROVED: Motion to enter into Executive Session to discuss the Superintendent's Evaluation and to include Superintendent Betty Walters. p tCEflE SEP 2 1 2004 D BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH WORK SESSIONN MEETING_ Work Session Meeting of: ` ..e pierAb &( I O(4 please print your name / 1. ccn/,/ // j coll 6. 7. 8. 9. 10 . 11 . 12. 13. 14. 15. MANAGER'S COMMENTS Present were Mayor Gabrielle LeDoux, Tom Abell, Mike Anderson, Pat Branson, Cecil Ranney, and Nancy Wells. Absent were Tuck Bonney and Robin Heinrichs. Staff present were Pat Carlson, Manager; Judi Nielsen, Borough Clerk; and Laura Casey, Assistant Clerk. The meeting was called to order at 7:30 p.m. CITIZENS' COMMENTS - None ITEMS FOR DISCUSSION - None PACKET REVIEW ASSEMBLY WORK SESSION September 9, 2004 - 7:30 p.m. Borough Conference Room Contract No. 2004 -46 Larsen Bay Electric Fencing Project - EVOS KIB WMP Manager Carlson reviewed the Contract will have a full recommendation before the Assembly at the next regular meeting. The EVOS grant is ending at the end of September. Tom Abell said with not having the bids before them, he questioned the job being awarded to a foreign country and that they did not complete the work. Pat Branson would like to proceed with the contract especially with the time frame. Mike Anderson gave a back ground on his bid to explain how the bidding formula came about with the foreign country not completing the work. Contract No. 2004 -47 Purchase of Fencing Material for Port Lions - EVOS KIB WMP Manager Carlson said that the EVOS was working with all of the communities and he ask that it be awarded to Bugni Enterprise to expedite having it done. He said that the projects would have to be completed by September 30 or as much done as possible because the funding would not be available after that date. Contract No. 2004 -48 Agreement for Provision of E -911 Operation and Maintenance Services. Manager Carlson had been working with Linda Freed, City Manager, to draft a document for a three year agreement with an out clause. It allows for flexibility and how the payments would be made. It would be treated as a trust fund. He would seek Assembly approval before presenting it to the City Council. October 5, 2004 Regular Municipal Election Workers. Clerk Nielsen said this is based on the code that the Assembly approve the election workers. She ask for Assembly approval. In response to Nancy Wells, it was not the Clerk's responsibility to find election workers for the primary and state elections. Authorization for Manager to Negotiate a Sole Source Contract for Unique Professional Services for a Fiber Optic Marine Survey from Anchorage to Kodiak. Manager Carlson said this was an extension of the previous assembly approval. This action will only allow him to negotiate the package and contract to bring back for the assembly approval. Nancy Wells asked for clarification on the negotiation. In respone to Mike Anderson, Manager Carlson said the Kenai Cable Company was an Old Harbor Native Corporation. Tom Abell clarified this would come before the assembly for approval so there would not be any unexpected change orders. Manager Carlson clarified this was just for negotiation purposes. Because this was a lot of money, Mike Anderson request back information regarding who exactly the owners were and that it was not just an LLC. wants to know who exactly the owners are and not just an LLC. Manger Carlson said he would email the information. Manager referred to written report. He said Linda Freed, City Manager, requested a joint work session for November 16` Nancy Wells ask that Linda give a presentation regarding a new covered play ground. Manager Carlson that it should also go to Community Development to be placed on their Capital Improvement List. CLERK'S COMMENTS Clerk Nielsen said her office was gearing up for the municipal election. She asked for Assembly consensus on having reminder items placed at the bottum of the work session agenda. After much discussion, it was concluded that the Manager keep up to date the priority list, incorporating the list from the bottum of the agenda. They would also like to have a calendar of events that happen every year. They also would like to look at a possible new format. MAYOR'S COMMENTS Mayor LeDoux asked the Assembly if they would like to give their imput on the mixing of zones during the extended comment period from the Department of Environmental. Mike Anderson requested more information before making the appropriate comment. Spruce Island Development has invited the Mayor and Assembly to Ouzinkie next friday. Authoration was given to the Mayor to travel, along with her traveling would be Assemblymembers Mike Anderson, Pat Branson, Cecil Rainey, and possibly Nancy Wells. She requested approval to write a letter asking for increased grant funding for the Leaders Program. The Assembly requested back up information. ASSEMBLYMEMBER COMMENTS Assemblymember Rainey commented on the letter written to the editor regarding the garbage problem in Kodiak. He would like to be able to educate the community about the garbage. After much discussion and ideas the Assembly asked to have this placed at the top of their priority list. Manager Carlson advised them, Waste Management's contract expires at the end of the fiscal year. Tom Abell asked for costs of curbside pickup in the Woodland Acres and Bells Falts area. Mike Anderson said it was important to go out for bid since this was a prive enterprise. Assemblymember Anderson discussed the contract policy regarding the Trinity Island Paving project. He stated that a change order was executed without having gone befor the Assembly and having the correct number of signitures. He said it was important that there are no code violations and that the code needed to be reviewed. Pat Branson said for Mike to bring the changes before the Assembly to be clarfied and update the code. Assemblymember Abell had no comment. Assemblymember Branson as for a scope of work that would be in the voter pamphlet to also be in the Borough Newspage. She also requested a information plan that would be going out to the public regarding the bond issues. Assemblymember Wells was distressed to hear Michelle Steams, Community Development Director, was leavint. She asked the Assembly to consider doing exit interviews when a department head resigns. There was much discussion about finding out the scope of work the departments are doing. a iii, work session was aujuuucu at >.•ru p.ui. TO: FROM: DATE: SUBJECT: MEMORANDUM - CONFIDENTIAL- Kodiak Island Borough Mayor and Assembly Manager September 9, 2004 Managers Report for Work Session of September 9, 2004. r New Items: Alaska Shared Fisheries Business Tax: We have received this year's application for the Shared Fishery Business Tax. As you recall this requires a resolution documenting the amount of Fishery impacts under either the long form method or by mutual agreement and resolution of all participating municipalities to a different formula. One significant change from last year for the smaller municipalities is the disproportionate impact the loss of state revenues has caused their budgets and the corresponding need for income from any and all sources. AKDOT Statewide Transportation Improvement Program (STIP): This is an annual event to nominate projects for inclusion in the statewide transportation plan scoring and schedule. We are reviewing the current project inventory and will be coming to the assembly soon with projects to be considered for action. SWAMC Final Fish Refund Payment: This issue pertains to the formula adopted by the Central Gulf Technical group for distribution of the unclaimed funds allocated to this area by the SWAMC Stellar Sea Lion Mitigation Fund program The groups understanding was the funds would be forwarded to the Borough and City of Kodiak based on the formula distribution at the end of the program Dialogue is underway regarding approval of that distribution by the SWAMC board Motor Vehicle Registration Tax: This forthcoming project is being researched for the impacts and viability of a potential change to the existing KIB Motor Vehicle Tax rate in order to increase the revenues needed to pay for the current subsidy to our junk car removal program. Mark Hicky Lobbyist Trip 9/30 Mr. Hickey has scheduled his annual trip to Kodiak at the end of the month and looks forward to meeting with the Assembly collectively at the work session of 9/30 and individually if desired. He will be coming in on the noon Thursday flight and leaving on the afternoon Friday flight and will be reviewing projects, issues and new agenda items in the field with the Manager, along with any additional items the Assembly members may have for him. Requests for Information: fIRr_T n..Afal AT...:..., ,.f Violation _A �va..v SJ t4LI W- ll1�V41VV V1 T 1V1611V11 V ''' v In response to Assembly request we have documented the current status of our actions and response to the NOV as reflected in the attached memorandum. I have also attached the inspection report that gave rise to the NOV. I would like to stress that this issue is taken very seriously by staff that take pride in our landfill operation. Attachments: ADEC NOV Inspection and KIB Response Reports. NOV Issued from ADEC Solid Waste Program _Received 8/11/04 1. Failure to cover solid waste daily under 18 AAC 60340(a): NOV states: The horizontal working face of the landfill was not covered. The exposed trash and sewage solids in this area present a disease vector to landfill workers and birds. Regulation states: solid waste will be covered with six inches of earthen material at the end of each operating day or at more frequent intervals if necessary to control disease vectors, fire, odor, blowing litter, animals, or scavenging. MB. Shortly before the inspection there were problems with the baler and we had to resort to loose fill. At the time of inspection this area was approximately 25' x 40'. Staff had been working to stabilize this area in an effort to make ready for cover. (Enough bales need to be placed in front of the loose trash to keep it in position and then have it meet the elevation of the adjacent bales. This also helps to minimize precious landfill space and rock costs.) The inspector states that this exposed waste and sewage solids - although it is approximately 100' away from the active working face - presents a disease vector to landfill workers and birds. It is also stated that there were birds flocking around the exposed horizontal face. Landfill workers are aware of the disease vector potential of the sewage sludge. Staff is provided with Hepatitis A and B vaccinations, come into minimal contact and do not expose themselves directly with this waste source. Also, there has been some treatment of this waste before it is delivered to the landfill from the City Wastewater Treatment Plant. The KIB manages sewage sludge in the same manner that the Kenai Peninsula Borough. To our knowledge this has not posed a problem for the KPB during inspections by ADEC. In addition birds were not seen in the photo the inspector provides as evidence of this violation. The landfill staff complies with daily cover regulations. Loose fill is an infrequent event. Also, because of where the landfill's current elevation is sewage sludge waste may not be completely "used up" or placed onto bales in one day due to the amount of sewage waste that comes our way. Corrective action: Photographic evidence within one day of receipt of NOV. > Done 2. Failure to contain or control leachate seeps at the boundary under 18 AAC 60.225(b)(3) Regulation states: "Prevent contain or control visible leachate seeps at the boundary of the waste management area ". NOV states: The retention basin for wetland treatment system was short- circuiting as noted in the 2002 and 2003 inspection reports as well. Water was flowing over top of the liner and down into the treatment wetlands, allowing leachate to flow, untreated, out of the landfill management area. MB. A small flow of water was flowing over the top of the "upper pond" basin into the C:\Documents and Settings\pcarlson\Local Settings \Temporary Internet Files \OLKII\NOV Summary for Assemblyl.doc Page I of 4 9/9/04 treatment wetlands cells. The design of the "upper pond" called for the rock to be replaced once every 5 years. KIB had replaced the rock in 2002. However, there appears to be a recurring design problem with this portion of the system and staff has been in contact with CH2MHi11 to resolve. This information was provided to the inspector. NOTE: The leachate is flowing into the treatment wetland cells, which allows for some treatment before entering the outflow. Corrective Action: Complete repairs/corrective action. Submit plan for corrective action within 10 days of receipt of this NOV and complete corrective action within 30 days of receipt of Dept. approval of proposed plan. ➢ A corrective action plan was submitted to ADEC within the required timeframe and has been approved. Because the corrective action proposed will take significantly longer than 30 days KIB requested a timeline that would allow for the corrective action to be complete by December 31, 2004. Staff will move forward to develop scope of work, advertise project and seek Assembly approval depending on the costs. 3. Failure to control explosive gases under 18 AAC 60.350 Regulations state: Regulations are very long but will be provided upon request. NOV states: Gas monitoring is not conducted as required, under 18 AAC 60.350. MB. During the inspection the inspector was informed that KIB recently purchased the equipment needed to conduct gas monitoring. As per KIB's monitoring plan most of the gas monitoring sites require quarterly reports. The groundwater monitoring wellheads are biannual. Corrective Action: Conduct gas monitoring and submit monitoring results to the Department with three days of receipt of this notice. Continue the gas monitoring program in accordance with July 2000 KIB Landfill Monitoring Plan, and submit quarterly result to the Department within three (3) days of each monitoring event. ➢ Done. Results reported August 17, 2004 and are in compliance. 4. Failure to meet water - monitoring requirements under 18 AAC 60.810 and 60.830. Regulations state: Regulations are very long but will be provided upon request. 18 AAC 60.810 refers to surface water monitoring. NOV states: The sampling sites for the surface water monitoring system are too far from the landfill to meet 18 AAC 60.810(b). The 2003 inspection report stipulated that the KIB must propose two new surface water sample collection points for Department approval. The new b sam po h ave not been added to the surface water-monitoring monitoring ___gram sampling points have not wl.ii added LV the JU116�.c Wtltcl-111V111lVllllb' t/1Vb'1 QIll MB: In the 2003 inspection it was stipulated that we locate two new surface water monitoring points for ADEC approval. We did some initial testing as recommended by Henry Friedman (formerly of CH2MHi11 and who had worked extensively with the MB landfill issues) to determine if the two locations that the 2003 inspectors were concemed about were indicative of containing leachate. The results of this testing were within acceptable parameters. This was C:\Documents and Settings\pcarlson\Local Settings \Temporary Internet Files \OLKIIWOV Summary for Assemblyl.doc Page 2 of 4 9/9/04 communicated to the 2004 inspector. Because the samples were within acceptable parameters these sites were not sampled during our biannual sampling event. However, they will be included in the next sampling event in October. Regulations state: Regulations are very long but will be provided upon request. 60.830 has to do with groundwater sampling and analysis. NOV states: Water monitoring reports are not submitted on a regular basis. In addition, the information that is submitted is the raw data set, directly from the analytical laboratory. The permit stipulates monitoring reports must be submitted to the Department within 60 days of receiving the report back from the laboratory. Reports must have a statistical analysis run on them as described in 18 AAC 60.830(h) and the July 2000 KM Landfill Monitoring Plan. KIB KIB's submittals of water monitoring results have always been sent. However there have been a few occasions when they have been sent late. KIB staff tried to email the water monitoring results to the inspector the day after the inspection as well as the following day. However, they kept bouncing back because the files were too large to be received at ADEC. When staff called to let the inspector know that they would have to be sent another way the inspector stated "No, she had them all now ". All were within the ADEC offices. In addition, while I was employed at ADEC there were other community solid waste facilities, which routinely submitted their water monitoring results as raw data. During the inspection the inspector was told that KIB had recently contracted with a new laboratory and will be having them conduct the required statistical analysis. Corrective Action: Conduct the October 2004 water - monitoring event and submit your report within 60 days of receiving the report back from the laboratory. Reporting must be in accordance with the permit and state solid waste regulations. Monitoring must be conducted in accordance with the July 2000 KIB Landfill Monitoring Plan. In addition, proper reporting for previous sampling events, including 2001, 2002, 2003 and April 2004 must be submitted in accordance with the permit and state solid waste regulations. All reports must be submitted by December 31, 2004. > As stated above previous sampling event results have been located within ADEC offices. Clarification is needed from ADEC about what their definition of "proper reporting" is. At this time it is the KIB staff's understanding that ADEC is referring to statistical analysis. 5. Failure to meet financial assurance requirements under 18 AAC 60.398 Regulations state: "The owner or operator of a Class I or Class lI MSWLF shall meet the financial assurance requirements of 40 CFR 258, Subpart G, revised as of July 1, 1998, adopted by reference." NOV states: Submit proper financial assurance documentation to the Department within ten (10) business days of receipt of this notice. KIB. During the inspection a copy of KIB's 2003 Closure/Post- Closure Memo was given to the inspector when financial assurance information was requested. (The KIB financial auditors require a Closure/Post- Closure Memo.) At that time KIB staff asked if that would satisfy the C:\Documents and Settings\pcarlson\Local Settings \Temporary Internet Files \OLKIIWOV Summary for Assemblyl.doc Page 3 of 4 9/9/04 Category Score Category Description Professionalism 65% Effectiveness of the record keeping, documentation and training Health & Safety Concems 68% Disease control rating, work site, safety, and animal control Nuisance Control 63% Dust, litter, odor, noise, and animal control effectiveness Environmental Protection 85% Prevention of leachate formation, health of surrounding vegetation, and control of air and water pollution DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL HEALTH SOLID WASTE PROGRAM August 10, 2004 Mr. Bud Cassidy, Director Engineering and Facilities Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: August 4, 2004 Inspection Kodiak Island Borough Municipal Landfill Dear Mr. Cassidy, The following is a summary of my inspection: /FRANK H. MURKOWSKI, GOVERNOR 555 Cordova Street Anchorage, Alaska 99501 PHONE: (907) 269 -1099 FAX: (907) 269 -7655 http.//www.state.alc.us/dec/ Certified Mail #7001 2510 0002 7772 9196 Return Receipt Requested AUG 1 1 2003 ENGIFAC KODIAK ISLAND BOROUGH I conducted an inspection of the Kodiak Island Borough Municipal Landfill on August 4, 2004, accompanied by Tracy Mitchell. I appreciate the time your staff spent with me during the inspection. Attached is a copy of my inspection report. Overall, the facility received 266 out of 360 points, for an overall score of 72 %. Scores for specific categories are: 1. Overall, the baler building was clean and all equipment was fi,nctinning at the time of the inspection. 2. The vertical working face was small and older bales were covered. However, part of the horizontal working face was not covered. Your staff explained that during a baler malfunction, loose trash was placed directly at the working face. This trash would not be covered until enough bales were placed in front of the loose trash to keep it in position, Mr. Bud Cassidy, Director, KIB Facilities and Engineering 8/10/2004 Kodiak Island Borough Municipal Landfill Inspection, August 4, 2004 Page 2 of 3 and the elevation of the adjacent bales was met (about 4 bales high). The exposed trash and sewage solids in this area present a disease vector to landfill workers and birds, and should be covered daily, as stipulated in the regulations (18 AAC 60.340(a)). Some birds were flocking around the exposed horizontal face. (Photo 1 in the attached Photographic Log). 3. I observed standing water in several places throughout the landfill (Photos 2 and 3) Sloping the horizontal surfaces slightly to one side will help to decrease the number of depressions and will promote stormwater flow off the landfill. This will also reduce the amount of leachate generated in the landfill. 4. I observed some litter in the drainage ditches and trees, which should be addressed. I did note the litter in the drainage ditches was greatly reduced compared to the 2003 inspection. 5. During the 2003 inspection, the Borough was working to create and implement a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP I was shown during my inspection is the 1997 SWPPP, submitted with the initial permit application. This document has not been updated, and does not meet current regulations. The 2002 inspection report noted the lack of compliance with stormwater requirements, as well. 6. The 2002 and 2003 inspection reports documented the lack of proper signage at the facility entrance. Adequate signage, as specified in the permit, still had not been installed at the time of my inspection (Photo 4). 7. The retention basin for the wetland treatment system was short circuiting, as noted in the 2002 and 2003 inspection reports, as well. Water was flowing over top of the liner and down into the treatment wetlands (Photos 5 and 6). In addition, the liner seams are separating in a few small areas. 8. The sampling sites for the surface water monitoring system are too far from the landfill to meet 18 AC 60.810(b). The 2003 inspection report stipulated that the Borough must propose two new surface water sample collection points for Department approval. Tracy Mitchell stated new locations were confirmed during the 2003 inspection by Jason Weigle and Glen Miller, of our office (Photo 7). The sampling points are approved; however, they have not been added to the surface water monitoring program, as required. 9. Water monitoring reports are not submitted on a regular basis. In addition, the information that is submitted is the raw data set, directly from the analytical laboratory. The permit stipulates monitoring reports must be submitted to the Department within 60 days of receiving the report back from the laboratory. Reports must have a statistical analysis run on them as described in 18 AAC 60.830(h) and the landfill monitoring plan. Mr. Bud Cassidy, Director, KIB Facilities and Engineering 8/10/2004 Kodiak Island Borough Municipal Landfill Inspection, August 4, 2004 10. Gas monitoring is not conducted as required by regulation. Conduct and record gas monitoring as described in the landfill's monitoring plan and keep the records in the record. The 2003 inspection report also noted this deficiency in monitoring. 11. The Borough did not provide proper financial assurance documentation during the inspection. Financial assurance must meet the requirements of 18 AAC 60.398 and 40 CFR Part 258, Subpart G. With the exceptions noted above, the landfill operators manage the facility well. Compliance with the monitoring program and reporting requirements must be improved. Based on the results of my inspection, the Department has issued the accompanying Notice of Violation (NOV) for the Kodiak Island Borough Municipal Landfill. Thank you again for the time your staff gave me during the landfill inspection. If you have any questions or comments, please feel free to contact me at 907 - 269 -1099 or through email at kim stricklan @dec.state.akus. Sincerely, Kim Stricklan, P.E. Environmental Specialist Attachments: Photographic Log Inspection Score sheet Page 3 of 3