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2010-04-01 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 1, 2010, 7:30 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 A. *Regular Meetings of February 18, 2010, and March 4, 2010. 6. AWARDS AND PRESENTATIONS A. Student of the Month — March 2010 B. Child Abuse Prevention Proclamation C. Sexual Assault Awareness Proclamation D. Beautification Awards 7 CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Instituting a New Chapter 8.25 Solid Waste and Collection and Disposal Section 8.25.10 to Section 8.25.240. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. FY2010 -30 Solid Waste Collection Contract. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2010 -30 Approving a Sublease of a Mobile Home as a Caretaker's Unit by the Kodiak Island Sportsman's Association (KISA) on Tract B Within Lot 1, U.S. Survey 2539 Adjacent to the Salonie Creek Rifle Range. C. Ordinances for Introduction 1. Ordinance No. FY2010 -08 Rezoning Lot 11A, U.S. Survey 3474 From C- Conservation To RNC -Rural Neighborhood Commercial. D. Other Items 1. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. 2. *Declaring a Seat on the Solid Waste Advisory Board Vacant. 14. EXECUTIVE SESSION A. Review of the Respondents to the Legal Service Request for Proposals. 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Regular Meeting of February 9, 2010. 2. Mission Lake "Tidegate" Service Area Board Regular Meeting and Budget Public Hearing of March 3, 2010. 3. Parks and Recreation Committee Regular Meetings of February 9, 2010, and February 23, 2010. 4. Planning and Zoning Commission Regular Meeting of January 20, 2010. 5. Womens Bay Service Area Board Regular Meeting of March 8, 2010, and Budget Public Hearing of March 12, 2010. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting of February 22, 2010; and Special Meetings of February 15, 2010, and March 8, 2010. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting February 18, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, February 18, 2010, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of December 29, 2009, and regular meeting minutes of January 7 and 21, 2010, were approved under consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter award to Jessica Wolfe, Projects Assistant in the Engineering /Facilities Department. Mayor Selby presented the February Student of the Month award to Carolyn Craig, a Senior at Kodiak High School. Mayor Selby proclaimed the month of February 2010 as National Teen Dating Violence Awareness and Prevention Month. CITIZENS' COMMENTS Iver Malutin spoke in support of Resolution No. FY2010 -26. COMMITTEE REPORTS Assembly member Stutes reported on the Providence Kodiak Island Counseling Center survey and Southwest Alaska Municipal Conference (SWAMC) Board meeting held on February 18, 2010. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 763 PUBLIC HEARING A. Contract No. FY2010 -30 Solid Waste Collection Contract. JEFFREY moved to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. In May 2009, the KIB issued a request for proposal (RFP) for solid waste and recycling collection services. The RFP was developed based on the Solid Waste Management Plan (SWMP) which was approved by the Assembly on August 21, 2008. Two proposals were received. KIB staff selected the proposal submitted by Alaska Pacific Environmental Services, LLC dba Alaska Waste. Staff determined that the Alaska Waste proposal provided the most responsive approach to reach KIB's solid waste goals as identified in the Solid Waste Management Plan and the KIB Strategic Plan. Alaska Waste committed to adjust their service delivery as needed to accommodate future progressive steps toward KIB's solid waste goals and needs. Staff negotiated the details of the contract with Alaska Waste and recommended approval. Staff recommended that the Solid Waste Collection Contract be postponed to the regular meeting of March 4, 2010, in order to complete necessary information. Mayor Selby opened the public hearing. The following persons spoke under public hearing: Rob Baer, Mel Stephens, Don Lawhead, Chaz Glagolich, Rhonda Maker, Janet Buckingham, Rob Lindsey, Iver Malutin, George Griffing, Mark Majdic, Ron Kavanaugh, Carol Heitman, Mary Forbes, Sid Pruitt, George Reith, Alexus Kwachka, Leonard Roberson, Terri Miller, Bill Feda, Mary Jane Madjic, John McCarthy, Norman MuIlan, Christine Bushell, Scott Arndt, Tom Lance, Andy Lundquist, Rusty Pruitt, Julie Kavanaugh, David Sundberg, Jeff Johnson, Barbara Zimmerman, Geneneiva Pearson, Andy Dano, Joe Black, Kate Ballenger, Lorna -Lee Arndt, Ed Mahoney, Barry Altenhof, and Ben Millstein. Mayor Selby closed the public hearing. There was Assembly discussion addressing the contract at the next work session. BRANSON moved to postpone Contract No. FY2010 -30 Solid Waste Collection Contract to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Branson, Friend, Jeffrey, Kaplan, Lynch, and Stutes (Ayes); Fulp (No). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • February 2010 Legislative Lobbyist Report. • Thanked the Bayside Fire Department and Jim Pickett for their efforts with the installation of free smoke detectors in the community. • Grant application was approved for the construction of an emergency shelter in Womens Bay. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 764 • Met with Arne Fuglvog, Senator Lisa Murkowski's aide, and discussed federal legislative issues. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby concurred with Manager Gifford regarding their meeting with Arne Fuglvog. He also mentioned discussions regarding fisheries issues. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2010 -31 Accepting a Grant from Alaska Department of Transportation and Public Facilities to Partially Fund the Island -Wide Transportation Feasibility Study. This item was approved under consent agenda. This grant would provide partial funding to study the feasibility of a local ferry service using smaller vessels than those employed by the Alaska Marine Highway System (AMHS) to connect the outlying communities with the Port of Kodiak. Accepting the terms of the grant would provide funding in the amount of $100,000 of the $225,000 total project cost. A Denali Commission grant in the amount of $125,000 completes the proposed funding budget. Staff forwarded a grant request to Alaska Department of Transportation and Public Facilities (AK DOT /PF) and won approval. Accepting the grant award would provide total funding for this project. Staff recommended acceptance of the grant. Resolutions 1. Resolution No. FY2010 -25 Establishing Citizens Board of Equalization Dates for the Year 2010. BRANSON moved to adopt Resolution No. FY2010 -25. The Board of Equalization hearing of appeals from the 2010 assessed valuations of real and personal property within the Kodiak Island Borough would be held on Monday, May 10 and Tuesday, May 11, 2010, and would continue from day to day, as established by the Board of Equalization and the Borough Clerk, until all properly filed appeals had been heard. The meeting(s) would start at 7:30 p.m. in the Assembly Chambers of the Kodiak Island Borough. The resolution also reflected that taxes were due on October 15, 2010, unless the taxpayer elected to pay the taxes in two equal installments, then the first half was due on August 16, 2010, and the second half was due on November 15, 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Resolution No. FY2010 -26 Supporting Invasive Species Advisory Council. KAPLAN moved to adopt Resolution No. FY2010 -26. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 765 The resolution was requested by the Prince William Sound Regional Citizens Advisory Council (PWSRCAC) seeking support of the formation of a Statewide Invasive Species Advisory Council. The proposed council would work in a collaborative effort to reduce the introduction of new invasive species and manage efforts related to species that had already entered the state. States with invasive species councils were more likely to be successful in securing federal funding and a statewide council coordinating with federal partners would bring success to minimizing the impacts of invasive species in Alaska. The funding spent on a council would pay dividends in the significant amount of money not spent on managing weeds, pests, and aquatic invaders. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 3. Resolution No. FY2010 -27 Urging the University of Alaska Fairbanks Cooperative Extension Service to Establish a Cooperative Extension Service District Office With a Full Time Extension Agent in Kodiak. JEFFREY moved to adopt Resolution No. FY2010 -27. This resolution was requested by Assembly member Jeffrey urging the University of Alaska Fairbanks Cooperative Extension Service to establish a cooperative extension district office with a full -time extension agent in Kodiak. JEFFREY moved to amend Resolution No. FY2010 -27 to include: "WHEREAS, an extension agent and a Cooperative Service District Office in Kodiak would serve the Kodiak community of 13,500 residents, making Kodiak one of the top ten largest communities in the state." ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Ordinances for Introduction None. Other Items 1. Assembly Review of Case 10 -008 Planning and Zoning Commission Denial of a Rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential and Directing Staff to Prepare an Ordinance of Introduction. BRANSON moved to direct staff to prepare an ordinance for introduction relating to Case 10- 008 Rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3- Multi Family Residential. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 766 At its regular meeting of January 20, 2010, the Planning and Zoning Commission adopted findings of fact in support of its decision on December 16, 2009, to deny a rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential. In response, the Assembly needed to review Case 10 -008 to determine if the case should move forward by directing staff to prepare an ordinance for introduction that rezoned the parcel From RB- Retail Business To R3 -Multi Family Residential; or to uphold the Commission's decision and fail the motion. ROLL CALL VOTE ON MOTION FAILED FIVE TO TWO: Stutes, Branson, Friend, Fulp, Jeffrey (Noes); Kaplan and Lynch (Ayes). 2. Vacation in Accordance With KIBC 16.60 of a 10 -Foot Portion of a 20 -Foot Wide Utility Easement Located Along the Rear Lot Line of Lot 2B -1, Block 6, Miller Point Subdivision, First Addition. (Case S10 -005) JEFFREY moved to approve the vacation of a 10 -foot wide portion of a 20 -foot utility easement located at the rear of Lot 2B -1, Block 6, Miller Point Subdivision, First Addition. The petitioner requested the vacation of the 10 -foot portion of a utility easement found at the rear of their parcel. Public hearing notices were sent to neighbors as well as utility companies with interest in the easement. None of the utility companies expressed interest in accessing or utilizing the easement. The services provided by these companies were already in place without the benefit of the easement. At its January 20, 2010, regular meeting, the Planning and Zoning Commission agreed with the request to vacate that portion of the easement found on the petitioner's land and recommended the Assembly approve the request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 3. Appointments to the Providence Kodiak Island Service Area Board. This item was approved under consent agenda. Providence Kodiak Island Medical Center appointed Mr. Alvin Arboleda to fill the vacant seat on the Providence Kodiak Island Service Area Board. The board also reappointed Gretchen Saupe and Cecil Ranney. A letter from Providence regarding the appointments dated January 14, 2010, was provided. The Assembly voiced non - objection to the appointments to the Providence Kodiak Island Service Area Board. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. This item was approved under consent agenda. The Service Area No. 1 Board met on February 8, 2010, to review applications received for the vacant seat term to expire 2011. There were three applications that were submitted to the Service Area No. 1 Board from Tuck Bonney, Greg Spalinger, and Gary Turk Martin. The Board Kodiak Island Borough Assembly Minutes February 18, 2010 Page 767 recommended the appointment of Turk Martin to the vacant seat for a term to expire October 2011. The Assembly confirmed the appointment of Mr. Martin to the Service Area No. 1 Board. 5. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved under consent agenda. Mr. Rick Ryser submitted a notice of resignation from the Service Area No. 1 Board on January 21, 2010, for a term to expire October 2010. The Assembly accepted, with regret, the resignation of Mr. Ryser and directed the Borough Clerk to advertise the vacancy per Borough Code. 6. Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area Board. This item was approved under consent agenda. On January 28, 2010, Mr. Al Burch indicated his desire to be reappointed to the Mission Lake "Tidegate" Service Area Board for a term to expire December 2012. The Assembly confirmed the appointment of Mr. Burch to the Mission Lake "Tidegate" Service Area Board. 7. Declaring a Seat on the Bay View Road Service Area Board Vacant. This item was approved under consent agenda. Ms. Dawn Lea Black submitted a letter of resignation from the Bay View Road Service Area Board on February 4, 2010, for a term to expire October 2010. The Assembly accepted, with regret, the resignation of Ms. Black and directed the Borough Clerk to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Scott Arndt spoke regarding the proposed garbage collection contract. ASSEMBLY MEMBER COMMENTS Assembly member Lynch, Stutes, Kaplan, Friend, Jeffrey, Fulp, and Branson congratulated Jessica Wolfe, Employee of the Quarter, and Student of the Month, Carolyn Craig. Assembly members also thanked the public for their comments and participation in the Solid Waste Collection Contract process. Announcements Mayor Selby announced the next Assembly work session would be held on Thursday, February 25, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, March 4, 2010, at 7:30 p.m. in the Borough Assembly Chambers. The Mayor and members of the Assembly would be traveling to Juneau to attend the Legislative Reception on Wednesday, March 10, 2010. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 768 ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Branson. The meeting adjourned at 11:05 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes February 18, 2010 Page 769 APPROVAL OF MINUTES None. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 4, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 4, 2010, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Jeffrey who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA KAPLAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AWARDS AND PRESENTATIONS Mayor Selby presented the Kodiak Beautification Awards for an Individual Award to Kodiak Postmaster Bill Kersch, a Residence Award to Lee Robbins and Kim Swaneveld, and a Business Award to Ben and Hazel Ardinger, owners of Ardinger's Fine Furnishings and Gifts. Mayor Selby proclaimed March 2010 as National Women's History Month, urging residents to increase their knowledge and appreciation of the valuable role women play in our lives. CITIZENS' COMMENTS Mel Stephens addressed concerns regarding Ordinance No. FY2010 -07. COMMITTEE REPORTS None. PUBLIC HEARING A. Contract No. FY2010 -30 Solid Waste Collection Contract. Kodiak Island Borough Assembly Minutes March 4, 2010 Page 770 This item was postponed at the regular Assembly meeting of February 18, 2010. The motion before the Assembly was to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. Manager Gifford summarized the discussion held by the Assembly at the work session of February 25, 2010, outlining the changes to the contract. Manager Gifford recommended postponing the contract to the next regular meeting of the Assembly. Mayor Selby opened the public hearing. The following spoke regarding Contract No. FY2010 -30: Joe Black, Marion Owen, Dawn Black, Nick Szabo, Mel Stephens, Lorna Arndt, Del Green, Carolyn Heitman, and Shawn Dochtermann. A letter from Pat Szabo was read into the record. Mayor Selby closed the public hearing. Assembly members addressed changes that were made to the contract. FRIEND moved to postpone Contract No. FY2010 -30 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • The Borough's Popular Annual Financial Report, as of June 30, 2009, had been mailed to all residents and was available on the Borough website. • Applications for the FY2011 Nonprofit Funding had been mailed to current participants and were due to the Finance Department on Friday, April 30, 2010. • As of February 24, 2010, the Borough reported to the Department of Motor Vehicles a total of 90 vehicles that had been disposed of for a cost of $35,338.20. In addition, the Borough funded 96,440 lbs. of scrap metal for disposal from the Kodiak State Fair Board and the Kodiak Island Raceway Association for a total cost of $7,699.80. • The State of Alaska Division of Forestry donated a brush truck to the Kodiak Island Borough to be used to provide wild land fire protection. • A letter was received from the commissioner of the Department of Health and Social Services expressing appreciation for the efforts of the Child Care Assistance Program. Manager Gifford expressed appreciation to the Finance Department staff involved with the program. To provide time to make the requested changes to Contract No. FY2010 -30, Manager Gifford recommended rescheduling the work session on Thursday, March 11, 2010, to Tuesday, March 16, 2010. A consensus of the Assembly was given. Kodiak Island Borough Assembly Minutes March 4, 2010 Page 771 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced the passing of City of Ouzinkie Mayor Zack Chichenoff. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2010 -28 Approving the Proposed Amendments to the Cooperative Participation Agreement and Bylaws of the Alaska Municipal League /Joint Insurance Association (AML /JIA). BRANSON moved to adopt Resolution No. FY2010 -28. This resolution approved the changes proposed by AML /JIA to the Cooperative Participation Agreement and Bylaws of AML /JIA. The Kodiak Island Borough had been a member of the insurance pool since July 1990. One of the more significant changes to the agreement and bylaws dealt with the method of changing the bylaws. Staff recommended adoption of Resolution No. FY2010 -28 approving the proposed amendments to the Cooperative Participation Agreement and Bylaws of the Alaska Municipal League /Joint Insurance Association. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. 2. Resolution No. FY2010 -29 Approving Funding Support to the Kodiak Maritime Museum's (KMM) "Thelma C Interpretive Project ". KAPLAN moved to adopt Resolution No. FY2010 -29. This resolution was requested by the Kodiak Maritime Museum (KMM) for funding support in the amount of $25,000 for the "Thelma C Interpretive Project" which would include restoring and mounting the Thelma C, an historic 38 -foot wooden salmon fishing vessel, as a permanent interpretive exhibit near Oscar's Dock. In addition to the vessel, this project would bring Kodiak's fishing and harbor history to life with interpretive panels, hands -on displays, and cell phone accessible multimedia presentations to provide visitors with an appreciation of Kodiak's unique bond with the sea, and to encourage visitors and residents to spend time in the downtown area. The total amount of the project was $240,000, and KMM requested funding support from various sources such as: Alaska State Legislature, the City of Kodiak, the Rasmussen Foundation, Pebble Partnership, and the Kodiak Island Borough. Kodiak Island Borough Assembly Minutes March 4, 2010 Page 772 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. Ordinances for Introduction 1. Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Instituting a New Chapter 8.25 Solid Waste and Collection and Disposal Section 8.25.10 to Section 8.25.240. BRANSON moved to adopt Ordinance No. FY2010 -07 in first reading to advance to public hearing at the next regular meeting of the Assembly. The existing Solid Waste Collection and Disposal code that reflected the solid waste collection contract and disposal requirements at the landfill was put into place in 1986. Staff determined the need to bring the code into compliance with the modified solid waste collection contract and disposal requirements at the landfill. The revision would establish policies and procedures to effectively provide enforcement. The old KIBC Chapter 8.25 was being repealed in its entirety and a new Chapter 8.25 was being enacted. Staff's research and proposal took into consideration the Alaska Statutes, codes from other municipalities, and expertise from an attorney specializing in solid waste. Engineering and Facilities Department Director spoke on mechanisms that would be put into place regarding garbage infractions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. Other Items 1. Confirmation of Assembly Appointment to the Citizens Board of Equalization. BRANSON moved to confirm the Assembly appointment of Mr. Mark Anderson to the Citizens Board of Equalization for a term to expire December 2012. There was a vacant seat on the Citizens Board of Equalization. On February 11, 2010, Mr. Mark Anderson submitted an application for the term to expire December 2012. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Kodiak Island Borough Assembly Minutes March 4, 2010 Page 773 Assembly members congratulated the recipients of the Beautification Awards and thanked Assembly member Fulp for instituting the award program. Assembly member Branson inquired about the due date for the Legal Service Request for Proposals (RFP). Manager Gifford responded that proposals were due Friday, March 12, 2010. Assembly member Fulp thanked the community for its participation and comments on Contract No. FY2010 -30 and she encouraged Alaska Waste to become more involved with the Kodiak community. Assembly member Friend acknowledged the efforts by Borough staff on Contract No. FY2010- 30. Assembly member Stutes expressed condolences to the Chichenoff family. Announcements Mayor Selby announced the Mayor and members of the Assembly would be traveling to Juneau to attend the Legislative Reception on March 10, 2010. The next Assembly work session would be held on Tuesday, March 16, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, March 18, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Kaplan, and Lynch. The meeting adjourned at 8:50 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes March 4, 2010 Page 774 TITLE: Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Reenacting a New Chapter 8.25 Solid Waste Collection and Disposal Section 8.25.10 to Section 8.25.240. SUMMARY: The existing Solid Waste Collection and Disposal code was put in place in 1986 that reflected the solid waste collection contract and disposal requirements at the landfill. Staff determined the need to bring it into compliance with the modified solid waste collection contract and disposal requirements at the landfill and establishes policies and procedures to effectively provide enforcement. The old KIBC 8.25 is being repealed in its entirety and a new Chapter 8.25 is being established. Staff research and proposal considered Alaska Statutes, codes from other municipalities, and expertise from an attorney specializing in solid waste. The Borough Attorney has reviewed this ordinance for compliance. A substituted version of the ordinance is attached based on the changes suggested by the Borough Attorney. Staff asks that, after review, the Assembly consider the adoption of this ordinance. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 1, 2010 REGULAR MEETING APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -07. Form Ver. 06/30/2009 ITEM NO: 9.A 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 47 48 49 SUBSTITUTED VERSION AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 8 HEALTH AND SAFETY BY REPEALING THE EXISTING CHAPTER 8.25 SOLID WASTE COLLECTION AND DISPOSAL AND REENACTING A NEW CHAPTER 8.25 SOLID WASTE COLLECTION AND DISPOSAL SECTION 8.25.10 TO SECTION 8.25.240 WHEREAS, the existing Solid Waste Collection and Disposal code was ut in place in 1986; and WHEREAS, staff determined the need to bring the Solid Waste Collection a Disposal code into compliance with the modified solid waste collectio d dis I services; and WHEREAS, the existing KIBC 8.25 is being repealed in its entirety and a new Chapter 8.25 is being established. The new chapter includes policies that reflect the modified solid waste collection and disposal services, and establishes policies and procedures to effectively provide enforcement; and WHEREAS, staff research and proposal considered Alaska Statutes, codes from other municipalities, and expertise from an attorney specializing in solid waste; and WHEREAS, this ordinance was also reviewed by the Borough Attorney for compliance. NOW, THEREFORE, B BOROUGH THAT: Section 1: Section 2: Sections: 8.25.010 8.25.020 Kodiak Island Borough KODIAK ISLAND BOROUGH ORDINANCE NO. FY2010 -07 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Borough Assembly Borough Manager /Staff Env. Spec. Mitchell 03/04/2010 04/01/2010 NED BY THE ASSEMBLY OF THE KODIAK ISLAND This or ce is of a general and permanent nature and shall become a part of the Kodia ° Island Borough Code of Ordinances; The Kodiak Island Borough Code of Ordinances Title 8 Health and Safety, Chapter 8.25 Solid Waste Collection and Disposal is hereby repealed in its entirety as follows: _e _ • - • , • ! ! _ • ! _ Policy and purpose. Definitions. . . 8.25.0110 Repealed. 8.25.045 Services available. 8.25.050 Schedule of rates. 8.25.055 Vacancy. Chapter 8:zs Ordinance No. FY2010 -27 Page 1 of 19 50 51 52 53 54 55 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 56 57 58 59 60 89 90 91 92 93 94 95 96 97 98 It is hereby declared to be tho purpose of this chapter to welfare, and to enhance the environment-of -tho pceplo of-thc -be = - ' • [Ord. 86 39 0 §2, 1986. Formerly §8.20.0101. "Director" mcanc the manager or hic decigneo; 8.25.060 Solid waste st 8.25.065 Service roquocts, billing and collection. 8.25.070 Hazardouc and toxic wastoc. 8.25.080 Placement for collection. regulate tho ctoragc, collection, 1986. Formerly §8.20.0201. Kodiak Island Borough All solid wa-cte generated within the borough in the area outside cities and within the city of Ordinance No. FY2010 -07 Page 2 of 19 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 as set by resolution of the assembly. 116 117 118 Formerly §8.20.0110]. 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 outside the c limits of the city of Kodiak. Dumpstcrs will be located at or n ar for residential bag service or home business sow+se; and nor or an employee is observed dumping business re collection frequency between one and seven times per week with dumpster capacities ranging from two to six cubic yards, as selected by the customer. Federal facilities may provide their own B. Items such as beds, water heaters, furnaces, major appliances, and similar bulky household Kodiak Island Borough Ordinance No. FY2010 -07 Page 3 of 19 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 191 192 193 194 195 196 residential service, at no additional charge, except for the months of December, January, place to appear to discuss the change in classification, and shall in ' 1ho porcon or porsons the proposed change in category of service. [Ord. 96 20 §2, Formerly §8.20.0/11]. ; Ord. 86 52 0 §2, 1986. charged $10.00 more than the secured load charge. All othor unsecured loads shall be charged 178 179 180 181 182 183 184 185 186 187 188 189 190 will be required to roccrtify . account will be back billed as if no vacancy occurred. [Ord. 96 20 §2, 1996; Ord. 95 15 §3, 1995. Kodiak Island Borough writing that the premises remains in a vacant status when the director of finance immediately when the premises arc again Ordinance No. FY2010 -07 Page 4 of 19 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 of 20 pounds, and a maximum loaded weight of 60 pounds. Cane shall be tapered outward they shall be secured in such a manner that the lid is held by elastic cord, the top of the can and huge tight to the side of the can when removed from the top of the can. C. Bulky items of trash may be secured in tied bundles not over 15 inches in diameter, 36 placed in securely tied plastic bags and late charges ac outlin = + in KIBC 13.05.190. D. If the borough determines that a porcon applying for service, who is not tho owner of tho premises to be served, has not established credit in the community sufficient to create a will be returned on a request of the person making tho deposit if a record of timely payment has been established. Deposits posted with the borough will not be escrowed and the depociter will not earn interest during tho period the funds are retained by the borough. Kodiak Island Borough Ordinance No. FY2010 -07 Page 5 of 19 247 248 249 250 251 252 253 254 Formorly §8.20.0651. 255 256 257 258 259 260 261 262 263 264 265 266 267 268 291 292 293 294 295 E. Every chargo to a person mado by the borough in connection with garbage collection, to includo, but not bo limitod to, rosidontial can or bag sorvico, rosidontial carry out sorvico, residontial dumpstor service, commorcial bag sorvico, and commercial dumpstor sorvico, been levied or assessed as a property tax. The lien may be forocloced by the borough in tho 1 996; Ord. 95 15 §4, 1 995; Ord. 91 07 §2, 1 991; Ord. 91 07 §2, 1991; Ord. 86 52 0 §3, 1986. 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 86 30 0 §2, 1986. Formerly §8.20.080]. C. Items to be collected shall be placed within five feet of the route of the collection vehicle and garbago sorvicoc Kodiak Island Borough shall be located on the samo street or alloy unless otherwiso specified by • be of a firm accesciblo routo, froo from obctaclos and obstructions. [Ord. 86 52 0 §'l, 1986: Ord. Ordinance No. FY2010 -07 Page 6 of 19 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 C. Vehicles used for tho collection of garbage, rubbish, and trach shall bo kept cloan, well §2, 1986. Formerly §8.20.090]. A. Tho borough will maintain an appropriate site to be utilized as a baler facility and sanitary landfill for tho disposal of garbage, rubbish, and trach. B. No person may deposit or dispose of any material in the baler facility maintained by the 52 0 §5, 1986. Formerly §8.20.100]. Section 3: The Kodiak Island Borough Code of Ordinances Title 8 Health and Safety, Chapter 8.25 Solid Waste Collection and Disposal is hereby reenacted as follows: Chapter 8.25 SOLID WASTE COLLECTION AND D POSAL 8.25.010 Purpose 8.25.020 Definitions 8.25.030 Construction 8.25.040 Solid waste accumulation and prevention `. isance 8.25.050 Litter 8.25.060 Solid waste collection service 8.25.070 Solid waste storage and set -out 8.25.080 Solid waste discard 8.25.090 Billing and collection 8.25.100 Transportation 8.25.110 Disposal of solid waste 8.25.120 Disposal of hazardous and toxic wastes 8.25.130 Prohibition on burning of solid waste 8.25.140 Solid waste handling services 8.25.150 General conditions of service 8.25.160 Prohibition of scavenging 8.25.170 Ownership 8.25.180 Baler facility and sanitary landfill 8.25.190 User fee schedule 8.25.200 Prohibited disposal 8.25.210 Applicability of federal, state, and local solid waste law 8.25.220 Administration, implementation, and enforcement 8.25.230 Enforcement officer 8.25.240 Violations, enforcement actions, and remedies 338 8.25.010 Purpose. As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to 339 regulate the management of municipal solid waste, including storage, collection, processing, 340 recovery, and disposal of solid waste, for the following reasons: 341 1. to protect the public safety, health, and welfare of the people of the borough; 342 2. to protect, preserve, and enhance the environment of the people of the borough; and 343 3. to provide fiscally responsible solid waste management. 344 Kodiak Island Borough Ordinance No. FY2010 -07 Page 7 of 19 345 8.25.020 Definitions. In this chapter, each of the following terms has the respective 346 corresponding meaning: 347 "Bear Cart" means a cart designed to be resistant to opening by bears. 348 349 "Bin" means a receptacle for storing solid waste that is picked up with front end loading vehicles, 350 such as those having a three to eight -yard capacity, sometimes referred to as a "dumpster ". 351 352 "Bulky item(s)" means any large item of solid waste, as determined from time to time by the 353 manager which can be safely lifted by two individuals using a dolly, generated at residential 354 premises and discarded at residential set -out sites, such as the following: 355 1. furniture, including metal desks and storage cabinets; 356 2. pianos and organs; 357 3. televisions; 358 4. large appliances, including washers, driers, refrigerators, fr - ers, dishwashers and 359 stoves; 360 5. toys, bikes, and dismantled swing sets; 361 6. lawn mowers and snow blowers with no gas or Oil in them, up to fou • or pickup tires 362 per customer each calendar month, with rims removed; and 363 7. any item, other than lumber, that can be cut or bro down meetin e following 364 requirements: 365 a. not longer than four feet in length; and 366 b. weighing no more than 70 pounds. 367 368 "Bulky items" does not mean the following: 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 "Cart" means a wheeled receptacle for storing solid waste that can be emptied by either semi - 388 or fully- automated vehicles. 389 390 "Collection contract" means the contract described between the contract hauler and the 391 borough for collection of solid waste and transportation to the borough landfill. 392 393 394 395 396 397 1. material generated at non - residential premises, including commercial business operations; 2. bundled yard waste, branches; 3. sod, soil, and rock; 4. broken concrete and asphalt; 5. brick, block, and stone; 6. railroad ties or similar type of retaining wall timbers; 7. remodeling debris, including shingles; 8. carpeting; 9. sinks, concrete laundry tubs, and cast J umbing fixtures; 10. windows and doors; 11. lumber; 12. animal waste, including all excrement from domestic animals and fowl, and all hay, straw, or other materials that have been used for animals' or fowls' bedding; 13. liquids, including paint; 14. hazardous waste, including household hazardous waste; 15. fuel oil tanks; and 16. any automotive parts, including vehicle batteries and tires. "Collection service area" means all premises accessible by solid wasto colloction vohicios via roads maintained by the State of Alaska, the Borough, the City of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the Borough, except for the USCG facilities and past milepost one unpaved - portions of Anton Larsen Road. Kodiak Island Borough Ordinance No. FY2010 -07 Page 8 of 19 398 "Commercial" describes people, such as customers, places, such as premises, or things, such 399 as carts or types of solid waste, in the Borough that are not residential or multi - family. 400 401 "Compactor" means a receptacle containing a ram that pushes and compresses waste into a 402 container or bale. 403 404 "Contract hauler" means the contractor under the municipal solid waste collection contract. 405 406 "Disposal" or "Dispose" means the act or action of discarding solid waste. 407 408 "Hazardous or toxic waste" means any material that meets the definition of 40 CFR 261 and 409 AS 46.03.900 18 AAC 50, such as poisons, pesticides, acids, batteries, caustics, infectious or 410 pathological wastes, radioactive materials, explosive or highly flammable materials, oil and 411 petroleum products, and burning or smoldering materials. 412 413 414 415 "Borough landfill" means the landfill owned by orough. 416 417 "Manager" means the borough manager or designee. 418 419 420 421 422 423 424 425 426 commercial. 427 428 429 again or for a new use or function. 430 431 "Reside !al prem 432 1. it contains one, 433 2. each dwelling uni 434 individuals. 435 436 437 438 439 440 "Scavenging" means the controlled removal of waste materials for recycling or reuse. 441 442 "Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, 443 published in Test Methods for Evaluating Solid Waste, Physical /Chemical Methods, SW -846, 444 adopted by reference in 18 AAC 60.365, and has been removed from a wastewater treatment 445 system, sewer, septic tank, or other wastewater handling equipment; "sewage solids" includes 446 lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater treatment sludge. 447 448 "Solid waste" means "municipal solid waste" as defined in AS 46.03.900. "Household hazardous waste" means hazardous waste generated on residential premises. "Multi- family" describes people, such as customers, places, such as premises, or things, such as carts or types of solid waste, in the borough that are not residential premises. "Recyclables" means materials which can be reprocessed, "Multi- family premises" means premises that are not residential premises, and therefore contains four or more dwelling units, including apartment complexes and trailer courts. "Premises" means property having any habitable building, whether residential, multi - family, or reconditioned, or adapted to use eans a premises meeting both of the following conditions: three dwelling unit(s), and occupied by related individuals, or by five or fewer unrelated "Roll -off' means an open- topped rectangular receptacle for storage, collection, and transport of solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). Kodiak Island Borough Ordinance No. FY2010 -07 Page 9 of 19 449 450 "Solid waste collection" means the act of removing solid waste from the central storage point 451 of a primary generating source, such as a residence or business, to a place of solid waste 452 disposal. 453 454 "Solid waste disposal" means the orderly process of finally disposing of solid waste. 455 456 "Solid waste generator" means anyone who creates solid waste during everyday living and 457 working. 458 459 "Solid waste storage" means the interim containment of solid waste, in an approved manner, 460 after generation and prior to collection and disposal. 461 462 463 464 465 466 467 B. Designees. Reference to any individual borough , pets by title, such as the manager, 468 includes reference to the designee. 469 470 8.25.040 Solid waste accumulation and prevention of nu 471 A. Solid waste generators may not accumulate /store solid w: "' on their premises longer than 472 the period between their regularly scheduled collections or two weeks, whichever is greater. 473 474 B. A solid waste generator must keep solid waste stored on that generator's premises as follows: 475 1. in a clean and sanitary manner that does not create a public nuisance or health hazard, 476 in the judgment of the manager, and 477 2. in accordance with all other applicable federal, state and municipal statutes, ordinances, 478 rules, and regulations. 479 The borough may clean up solid waste that is not kept as required and charge the owner of the 480 premises the cost, in addition to prosecuting the owner for violation of this chapter. 481 482 483 484 485 486 487 488 8.25.050 Litter. In addition to the prohibitions in KIBC 8.20, no one may place solid waste in 489 another person's bin, cart or roll -off without that person's consent. No one may discard solid 490 waste, including litter, j ak, tia sla, fie, Of vehicles 491 1. public strcots, roads or alloys; 492 2. publicly owned property or promises occ 493 3. 494 495 496 8.25.060 Solid waste collection service. 497 A. Regular service. Every owner of premises in the collection service area must subscribe to 498 and pay for solid waste collection service at its premises by the contract hauler at least weekly, in 499 carts, including bear carts, bins or roll -offs, as authorized undor AS 29.35.210(a)(4), and 8.25.030 Construction. A. Citations. References to "section" or "article" refer to sections or articles in this chapter, unless other citation is provided. References to "subsection" refer to subsections within that section. C. While storing or handling human food, animal food or solid waste, no one may violate 5 AAC 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that attracts game, deleterious exotic wildlife, dogs or cats. No one may nogligontly food a boar, fox, attracts those or other animals (such as dogs, cats and rats). Kodiak Island Borough Ordinance No. FY2010 -07 Page 10 of 19 500 determined by the manager, even if that owner self -hauls all or a portion of its solid waste for 501 disposal at the borough landfill or recycling at a processing facility. 502 503 B. Temporary service in bins /dumpsters. Anyone who has a temporary need or conducts 504 construction or demolition on its premises may subscribe to and pay for solid waste collection 505 service from the contract hauler for bin or dumpster service. 506 8.25.070 Solid waste storage and set -out. 507 A. Storage. 508 tippod, such as by animal or windstorms. Thoy must cloco lids on containorc and koop out rain 509 anew. Each solid waste generator is responsible for the placement of that person's bin or cart 510 so that it will not easily be tipped, such as by an animal or the wind. Lids on the bin or cart must 511 be kept closed to keep out rain, snow and animals. Surplus liquids must be drained from solid 512 waste and placed _ _ _ _ _ _ _ _ . _ ... _ _ _ _ . _ _ in watertight 513 bags before discarding it in containers. 514 515 B. Set -out. 516 1. Site. Anyone who receives solid waste collection service in cart or bin smust place 517 their container in the following locations, or as instructed by the contract hauler: 518 a. roadside; 519 b. in an adjacent alley; or 520 c. within three feet of the roadway on which the contract hauler can drive its collection 521 vehicles. 522 For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the 523 contract hauler may instruct the customer to set -out containers on only one specified street, alley, 524 or roadway. 525 526 527 528 529 530 531 532 533 534 535 536 537 538 a. 539 b. 540 541 542 543 544 545 546 547 No one may discard any material in a roll -off except for the roll -off provided by the contract hauler 548 for that person's solid waste collection service. 549 2. Required actions. Anyone who receives solid waste collection roll -off service, whether in a cart, bin, or roll -off must do the following: a. discard only securely bagged or bundled solid waste inside the cart, bin, or roll -off provided by the contract hauler for that customer's use; and b. clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll -off. The contract hauler is not required to clean up solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin or roll -off, except for solid waste that the contract hauler spills during collection and transportation. 3. Prohibited Conduct. Anyone who receives solid waste collection service, whether in a cart, bin or roll -off, must not do any of the following: discard dead animals in the cart, bin, or roll -off; or discard any solid waste outside the cart, bin, or roll -off, including the following: i. litter; ii. bulky items, such as appliances, bed springs, mattresses, furniture; iii. non -bulky items listed in the definition of "bulky items" (such as construction /demolition waste, unless as allowed during temporary service as in KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste; and iv. hazardous or toxic waste. Kodiak Island Borough Ordinance No. FY2010 -07 Page 11 of 19 550 C. Clearance and access. A cart customer must maintain a minimum of three feet of clearance 551 between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 552 collection, including the arm on an automated collection truck. A cart customer must maintain 553 clear access to the cart set -out site so that the collection vehicles can lift and empty carts, 554 including clearing away snow and other obstructions, such as parked vehicles. 555 556 D. Bin sharing. Two or more bin customers must share bins, and the allocable service charges 557 for solid waste collection, if directed by the contract hauler when there is limited space for set -out 558 or collection of bins. 559 560 E. Safety. Each customer must maintain its set -out site so that it is safely accessible to contract 561 hauler's vehicles and employees. If the contract hauler determ that the set -out site is not 562 safe, it is not obligated to provide collection service there. Co ill coordinate safe set -out 563 location with customer for each occurrence. 564 565 8.25.080 Solid waste discard. 566 A. The contract hauler is not obligated to provide col ction service in any o 567 this section or in the collection contract. 568 1. Solid waste only No one may discard any material in a container for c lection by the 569 contract hauler except solid waste. The contract hauler may inspect the contents of any 570 container. The contract hauler must not collect any container that stores materials other 571 than solid waste. In that event, the customer must pay the contract hauler $50, or other 572 amount established by the manager. 573 2. Containerized. No one may discard any solid waste for collection by the contract hauler 574 outside their container except for bulky waste items discarded at the time when, and place 575 where, the contract hauler is obligated to collect bulky waste items. He must tightly close 576 container lids. They may not place solid waste on top of a container or allow solid waste to 577 protrude from the container. The contract hauler may refuse to collect any overfilled 578 container. 579 3. Within weight limits. No one may discard solid waste in containers in excess of the 580 weight limit that the contract hauler prescribes on the container. The contract hauler may 581 refuse to collect any overweight container. 582 4. At Proper Set -out Site: No one may discard solid waste for pickup by the contract hauler 583 anywhere except at the set -out site designated by the contract hauler. The contract hauler 584 may refuse to collect any misplaced container or bulky waste. 585 5. Contaminated recyclables. If the contract hauler provides recyclables collection service, 586 no one may discard any material in a recyclables container for collection by the contract 587 hauler except recyclables. The contract hauler may inspect the contents of any 588 recyclables container. The contract hauler must collect that container and discard its 589 contents as refuse. In that event, the customer must pay the contract hauler $50, or other 590 amount established by the manager. 591 592 B. No refills. No one may discard a second load of solid waste in a cart or bin immediately after 593 the contract hauler lifts and dumps the container. 594 595 8.25.090 Billing and collection. 596 A. Payment. Everyene owner of premises in the collection service area must pay the contract 597 hauler for solid waste collection service at the following times: 598 1. monthly by the 25 day of each month, in advance, or other time provided in the collection 599 contract; or 600 2. as determined by the manager. events listed in Kodiak Island Borough Ordinance No. FY2010 -07 Page 12 of 19 601 602 B. Late Fees. If the contract hauler is not timely paid, the contract hauler 603 may charge the following late payment fees: 604 1. established under the collection contract; or 605 2. ac dotorminod by the managor as outlinod in KIBC 13.05.190 one percent per month on 606 the outstanding balance with a minimum of $1.00 for each month. 607 608 C. Deposits. If following request by the contract hauler, the borough reasonably determines that 609 someone an owner of premises who is commencing new service has not established sufficient 610 credit in the community to assure timely payment of solid waste collection service charges, then 6 1 1 - e e - _ _ . e • • _ _ _ _ _ . _ _ _ _ _ the contract hauler may require a deposit in 612 WOO an amount equal to two (2) months billings for the collection service requested, or other 613 amount determined by the manager. The contract hauler may retain the deposit for up to one 614 year, after which the owner may request the contract hauler to return the deposit if the - borough 615 dotorminos that the owner has established a record of timely payment. Neither the borough nor 616 the contract hauler is obligated to escrow or pay interest on the deposit. 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 8.25.110 Disposal of solid w: ```. No one may dispose of solid waste generated in the collection 634 service area or USCG except in accordance with AS 20.35.210(a)( 'l) at state - permitted solid 635 waste processing and disposal facilities in the borough, including any recyclables processing 636 center operating in compliance with law and the borough landfill, unless exempted in writing by 637 the manager. 638 639 640 641 642 643 B. Residential used motor oil: Everyone must dispose of any used motor oil generated on 644 residential premises, at any facility operating in compliance with law, including the borough 645 landfill. The borough landfill will charge the following fees or other fees determined by the 646 manager: 647 1. up to five gallons per month without charge; or 648 2. in excess of five gallons per month, but less than ten gallons per month in containers not 649 exceeding five gallons in size, for the charge in the Borough User Fee Schedule. D. Liens. Charges for solid waste collection and disposal service constitute a lien chargeable against the property being serviced, as if the charge had been levied or assessed as a property tax. If a customer does not pay solid waste service charges, upon request of the contract hauler or by the determination by the borough, the borough may foreclose the solid waste collection service lien in the same manner as a property tax lien or as any other lien or mortgage against property. 8.25.100 Transportation. Everyone who transports cargo such as ashes, leaves, or other materials that might blow, fall, spill, drop, leak, sift, or otherwise escape from the transport vehicle during passage over a public alley, street, or road must contain the cargo by either of the following means: A. tight enclosure,;:, container that is an integral part of the vehicle; or B. a separate co cargo. at is fa . ned onto the vehicle and secures the top and all sides of the 8.25.120 Disposal of hazardous and toxic wastes; used motor oil; electronic waste. A. Non - Borough materials banned. No one may dispose of hazardous or toxic waste, or used motor oil, which is generated from outside the borough, in the borough. Kodiak Island Borough Ordinance No. FY2010 -07 Page 13 of 19 650 C. Household hazardous waste: Everyone must dispose of #eusehetd household hazardous 651 waste at the borough landfill, or other borough facility or sponsored collection event, and pay the 652 borough the following fees or other fees as determined by the manager: 653 1 up to 40 pounds per month without charge; or 654 2. more than 40 pounds per month for the charge in the borough user fee schedule. 655 656 Everyone must dispose of electronic waste, computer monitors, Cathode Ray Tubes, circuit 657 board containing components, cables, and cable boxes, generated on premises that are not 658 residential, such as businesses or schools, at a facility designated by the manager, or absent 659 designation, at a facility operating in compliance with law and pay the charges established at the 660 facility. 661 662 8.25.130 Prohibition on burning of solid waste. In addition to complying with KIBC 8.35, Nno 663 one may burn any materials that cause odor or black smoke that has an adverse effect on nearby 664 persons or property, as determined by the manager, including the following: 665 1. animal carcasses; 666 2. petroleum based materials such as plastic bags, or other materials contaminated with 667 petroleum or petroleum derivatives; and 668 3. any other solid waste. 669 670 671 672 673 674 675 676 677 8.25.150 General conditions of service. 678 A. Collection hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from time to 679 time by the manager. 680 681 682 683 684 685 C. Carts and Bins. The contract hauler will provide everyone that receives cart or bin services 686 with use of a cart, carts, bin or bins for storage of solid waste. Carts and bins will remain the 687 property of the contract hauler, unless otherwise provided in the collection contract. 688 689 D. Customer Rights notice. The contract hauler must provide each customer with a written 690 "Customer's Rights" notice, in format and content satisfactory to the manager, including the 691 following: 692 1. type and capacity of subscribed containers; 693 2. the day, or days, of service; 694 3. the location of the container set -out site; 695 4. a description of "solid waste" that may be discarded, and a list including examples of 696 materials that may not be discarded, such as household hazardous waste, with 697 alternatives for safe and legal discard; 698 5. schedule of monthly service charges; 8.25.140 Solid waste handling services. No one may directly or indirectly provide, organize, manage, direct, or sponsor solid waste handling services to someone else for compensation in cash, kind or credit, except the following: 1. the contract hauler; and 2. someone transporting solid waste as an incident of itsrimary business, such as a contractor transporting construction and demolition debris" n its own vehicles. B. Vehicles. Contract hauler will keep each vehicle that it uses to provide solid waste collection service clean, flushed and washed daily, well painted, and in good repair, in reasonable judgment of the manager. Kodiak Island Borough Ordinance No. FY2010 -07 Page 14 of 19 699 6. a description of optional services, such as scheduled or on -call collection of bulky waste, 700 collection of containers from on the premises rather than at the public set -out site, certain 701 container exchanges, bin locks, etc., with applicable charges; and 702 7. any other matters required by the manager. 703 704 8.25.160 Prohibition of scavenging and tampering. 705 A. Solid waste removal without permission. No one may remove solid waste from someone 706 else's container without the written permission of the individual or entity that pays for solid 707 waste collection services with that container or owns that container, except the following: 708 1. the contract hauler; 709 2. a law enforcement officer; 710 3. a borough employee; or 711 4. someone authorized and directed by the manager, such as someone conducting solid 712 waste audits. 713 714 B. Use of container without permission. No one may tamper with or use someone else's 715 container for any purpose without the written permission of the individual or entity that pays for 716 solid waste collection services with that container or owns that container. 717 718 719 generator until the occurrence of any of the following events: 720 721 A. Public trash cans. The generator legally discards the solid waste, for example, a restaurant 722 customer discards a beverage container into a refuse receptacle provided by the restaurant 723 where the customer purchased the beverage; or an automobile passenger discards litter in a 724 refuse receptacle located at a gas station for use of customers. 725 726 B. Self haul. The owner, occupant, manager or other person in possession, charge or control of 727 a premise where solid waste is generated removes solid waste located on the premise and legally 728 discards the solid waste, f•r example, a resident -If -hauls yard debris to the borough baler and 729 landfill. 730 731 C. Contract ha` ecti• a con ra auler collects solid waste from its customer and 732 recycles or disposes acco - with law. 733 Absent the occurrence o ese eve slid waste, or other material, remains the property of the 734 generator even if the generator aban• the solid waste, exercises no dominion or control over 735 the solid waste or asserts no ownership of the solid waste. If the generator abandons that solid 736 waste, for example by litter or illegal dumping, the manager may clean up and discard the solid 737 waste and charge the generator the related solid waste handling costs. 738 739 8.25.180 Baler facility and sanitary landfill. 740 A. The Borough will provide for the disposal of solid waste generated in the borough collection 741 service area, at the borough's baler facility and sanitary landfill or at another facility or in another 742 manner approved by the assembly, such as a materials processing or composting facility. 743 744 B. At the borough baler facility and sanitary landfill, no one may do any of the following: 745 1. enter outside of posted opening hours, unless otherwise authorized by the borough; or 746 2. deliver any materials prohibited under section 8.25.200; or 747 3. discard any material without first paying applicable user fees under section 8.25.190; or 748 4. dispose of any material in an area other than a designated area. 749 8.25.170 Ownership. Solid waste, or any other discarded material, remains the property of the Kodiak Island Borough Ordinance No. FY2010 -07 Page 15 of 19 750 8.25.190 User Fee Schedule. 751 A. Enterprise funding. By resolution, the assembly will set fees for solid waste management 752 services provided at the borough owned or operated facilities, including disposal of solid waste 753 and household hazardous waste at borough's baler facility and the sanitary landfill, sufficient to 754 cover the facilities' costs of operation, maintenance, and capital improvements without subsidy 755 from any other source, as an enterprise and nonsubsidized freestanding operation. 756 757 B. Cash or commercial charge accounts. No one may deliver any material to a facility owned 758 or operated by the borough without paying applicable fees established by resolution of the 759 assembly in cash upon delivery, except the following users: 760 1. the contract hauler and other commercial users determined by the manager, such as 761 contractors that regularly delivery construction and demolition debris to the borough landfill, 762 which may establish charge accounts under subsection D. 763 764 C. Schedule. The assembly will establish a user fee schedule, which may provide fees for 765 different categories of service, including the following: 766 1. per unit of weight, such as ton, of solid waste; 767 2. per unit of time such as a half -hour, for materials that require special handling by facility 768 personnel upon delivery, in addition to the applicable fees per ton; 769 3. for types and amounts of hazardous and toxic waste; or 770 4. for any other materials. 771 772 D. Charge accounts. The manager may extend credit for user fees as follows: 773 1. an applicant may obtain a credit application from the director of finance or his designee; 774 all credit applications are subject to approval by the director of finance in his discretion and this • 775 may include a deposit. _ :. ! ! ! . ! • • - • _ . • . _ _ _ . •_ _ _ _ _ . The borough 776 may retain the deposit for up to one year, after which the owner may request the return of the 777 deposit if KIB determines that the applicant has established a record of timely payment. The 778 borough is not obligated to escrow or pay interest on the deposit; 779 2. the charge account holder must pay bills within 30 days after the borough mails the monthly 780 bill; and 781 3. the director of finance may revoke credit and charging privileges without notice to the 782 charge account holder at any time an account becomes delinquent. 783 784 785 786 787 788 789 790 791 792 793 794 795 B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets the 796 following requirements: 797 1. it is mixed with nonexempt waste; 798 2. there is a public health, safety, or welfare threat or environmental problem associated with 799 management of the exempt waste as determined by the manager; or 800 3. the exempt waste is being managed in a manner that causes or contributes to a nuisance. or -USDA. Kodiak Island Borough 8.25.20 rohibited disposal A. Unpermitted. No one may deliver to, deposit at, or dispose in the borough landfill, any of the following materials: 1. material prohibited under the borough's solid waste disposal permit issued by the Alaska State Department of Environmental Conservation; 2. polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75 OR or 18 AAC 78; 3. sewage sludge for which no test results, required by law (e.g., 18 AAC 60.365) or as determined by the manager, have been submitted to the borough; and Ordinance No. FY2010 -07 Page 16 of 19 801 "Exempt wastes" means the following: 802 1. land clearing waste, including excavated dirt, rock, soil, butt ends, stumps, and other 803 similar waste; 804 2. tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a timber 805 harvest area; 806 3. bricks, mortar, and Portland cement type concrete, including reinforcing steel that cannot 807 be easily removed; 808 4. crumb rubber used in asphalt paving; 809 5. crushed glass; 810 6. crushed asphalt pavement used: 811 i. in a building pad or parking area as road base, or pavement; or 812 ii. as a material to construct a containment berm for a tank farm. 813 814 8.25.210 Applicability of federal, state, and local solid waste law. Solid waste law and the 815 rules, regulations, provisions, and conditions promulgated under that Iaw (as they may be 816 amended, repealed, or replaced) applies in the borough and failure to comply with solid waste Iaw 817 is a violation of this chapter. The borough may, but is not obligated, to take enforcement actions 818 or seek remedies for violation of solid waste law. 819 Examples of solid waste law follow: 820 A. with respect to environmental protection: 821 1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 822 U.S. C. §9601 et seq.)("CERCLA"); 823 2. Resource Conservation and Recovery Act (42 D.S.C. §6901 et seq.) ( "RCRA "); 824 3. Clean Air Act, (42 U.S.C. §1351 et seq., 42 U.S.C. §7401 - 7642); and California Clean Air 825 Act (Health & Safety Code Sections 1251 et seq. and Health and Safety Code §39000 et 826 seq.); 827 4. Emergency Planning and Community Right to Know Act, (42 U.S.C. §11001 et seq.); 828 5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60); 829 6. Litter Receptacles. (18 AAC 64.005 — 18 AAC 64.250); 830 7. Hazardous Waste. (18 AAC 62.010 — 18 AAC 62.990); 831 8. Pesticide Control. (18 AAC 90.010 — 18 AAC 90.990); and 832 9. Oil and Other Hazardous Substances Pollution Control. (18 AAC 75.005 — 18 AAC 833 75.990). 834 835 B. with respect to solid waste handling labor: 836 1. Occupational Safety and Health Act, (29 U.S.C. §651 et seq.), including the Solid Waste 837 Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., 838 Parts 257 and 258); 839 2. Immigration Reform and Control Act of 1986 (PL.99 -603); 840 841 C. Miscellaneous: 842 1. Civil Rights Act 1964 (Sub chapter VI or Chapter 21 of Title 42); 843 844 8.25.220 Administration, implementation, and enforcement. The manager is authorized to 845 administer, implement, and enforce this chapter and promulgate related solid waste policy, unless 846 this chapter expressly names another person. The manager may request assistance from other 847 persons or request that other persons administer, implement and enforce all or a portion of this 848 chapter. Examples of other persons are: 849 1. the director of finance or the auditor - controller, for example, with respect to collection of 850 user fees; 851 2. City of Kodiak Police Department; Kodiak Island Borough Ordinance No. FY2010 -07 Page 17 of 19 852 3. Borough attorney; 853 4. other borough departments; 854 5. District Attorney; 855 6. Alaska State Department of Environmental Conservation; 856 7. Alaska Department of Fish and Game; 857 8. Alaska State Troopers; and 858 9. an enforcement officer. 859 860 8.25.230 Enforcement officer. 861 A. Authority. The enforcement officer has the authority to issue citations, summons, and 862 complaint, or notices of violation to anyone who violates this chapter. 863 864 B. Citation. A citation filed in the district court charging a vio ion ander this chapter is deemed 865 as a lawful complaint for purposes of prosecution under this c ter. 866 867 8.25.240 Violations, enforcement actions and remedies. 868 A. Violations. 869 1. Per failure. Each failure to comply with any provision of this chapter or any I* r'ar regulation 870 promulgated under this chapter constitutes a separate violation. For example, scavenging 871 is a separate violation for each container from which materials are scavenged. 872 2. Per day. Each day a violation continues is a separate violation. For example, failure to 873 maintain a collection vehicle in accordance with Section 8.25.150B is a separate violation 874 for each day until the vehicle is repaired. 875 876 B. Infractions. Violation 877 infraction: 878 1. KIBC 8.25.010 through 8.25.090 879 and 880 2. KIBC 8.25.100 through 8.25.130 with respect to anyone other than the contract hauler. 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 of any of the following provisions of this Chapter constitutes an with respect to solid waste generator responsibilities; 1. KIBC 8.25.110 through 8.25.150 2. KIBC 8.25.100 through 8.25.130 3. KIBC 8.25.180 through 8.25.200 contract hauler responsibilities; with respect to contract hauler; and with respect to solid waste facilities. B. Enforcement Actions and Remedies. 1. . Actual Violations. If the manager believes violated any provision of this chapter, whether that person is acting or failing to act in the capacity of a principal, agent, employee or otherwise, then the manager may institute any enforcement action and exercise any legal or equitable remedy available to the borough under law, such as the following: penalty of up to $250 per violation; ii. civil actions seeking injunctive relief; Kodiak Island Borough that someone has civil actions seeking a Ordinance No. FY2010 -07 Page 18 of 19 900 901 902 903 iii. civil suits seeking damages or civil penalties, including the costs of any corrective action that the manager deems necessary to mitigate consequences of violations, whether acts or omissions; or 904 Cede. 905 v. proceedings to declare a property a public nuisance and abate the nuisance ender 906 _ -- " as 907 908 909 2. Immanent violations. If the manager believes that a person will 910 immanently violate any provision of this Chapter, whether that person is acting or failing to 911 act in the capacity of a principal, agent, employee, or otherwise, then the manager may 912 exercise any equitable remedy available to the borough under law, such as a temporary 913 restraining order or injunction. 914 3. Enforcement actions and remedies are cumulative, not exclusive. Enforcement 915 actions and remedies are cumulative, not mutually exclusive. The manager may institute 916 any single enforcement action or exercise any single remedy or a combination of multiple 917 enforcement actions and remedies, separately or simultaneously. The manager need not 918 conclude any particular enforcement action or exhaust any particular remedy before 919 instituting other enforcement action or exercising any other remedy. 920 4. Penalties and remedies are not limited. The penalties and remedies provided for 921 violation of this chapter are in addition to and not in lieu of any other penalty or remedy authorized by AS 46.03.870(c). 922 provided for in state law or otherwise. 923 924 925 926 927 928 929 930 931 932 933 934 935 936 ATTEST: 937 938 939 940 Nova M. Javier, MMC, Borough Clerk 941 942 ADOPTED BY THE T Section 3: Effective Date. This ordinance shall become effective on July 1, 2010. EMBLY OF THE KODIAK ISLAND BOROUGH DAY OF 2010 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2010 -07 Page 19 of 19 TITLE: Contract No. FY2010 -30 Solid Waste Collection Contract. SUMMARY: In May 2009, the KIB issued a request for proposal (RFP) for solid waste and recycling collection services. This RFP was developed based on the Solid Waste Management Plan (SWMP) which was approved by the Assembly on August 21, 2008. Two proposals were received. KIB staff selected the proposal submitted by Alaska Pacific Environmental Services, LLC dba Alaska Waste. Staff determined that the Alaska Waste proposal provided the most responsive approach to reach KIB's solid waste goals as identified in the Solid Waste Management Plan and the KIB Strategic Plan. Alaska Waste committed to adjust their service delivery as needed to accommodate future progressive steps toward KIB's solid waste goals and needs. Staff has negotiated the details of the contract with Alaska Waste and recommends approval. This ordinance was postponed to this meeting from the March 4, 2010 meeting. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 1, 2010 REGULAR MEETING 44 .4 ITEM NO: 12.A THE MOTION THAT IS BEFORE THE ASSEMBLY IS: Move to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. Jeff Riley Alaska Waste Mr. Riley, I thought you might be interested in some background information regarding our bear - resistant curbside carts. As you know, BearSaver has been fabricating and selling bear - resistant trash, recycling and food storage enclosures for many years. By far, our largest customer historically has been the Federal Government; the National Park Service, U.S. Forest Service, Fish and Game and BLM specifically. Although their main areas of concern are for public lands, there was always a concern for bears on private lands as well. To address these issues and a growing market, BearSaver was asked on many occasions to provide residential and commercial solutions. Our challenge was to design a residential curbside cart that was bear - resistant, easy to use and cost effective. We researched this for almost two years with the main elements of research being bear capabilities and human behavior. One of BearSaver's primary "claims to fame" has always been self - latching mechanisms that remove the need for unnecessary secondary operations in order to re -latch the container. This consistent on everything we make. In working with Alaska Fish and Game in the Kenai area, we observed in person what happens when it's left up to the individual property owners to make sure their cart is properly latched. In a study of over 100 "bear- resistant" carts with lid clips that were in service for about a year, it was recorder that over 80% of the lid clips were not properly engaged on both sides. This observance gave us our primary design criteria moving forward. We already knew by our years working with bear biologists from the National Park system, the basic capabilities of different bears. We had also done extensive testing at the Grizzly and Wolf Discovery Center in West Yellowstone, MT using the protocols established by the Interagency Grizzly Bear Committee. We tested ten different configurations during that process, most with bears that weighed more than 750 lbs. We learned where the weaknesses were and how to overcome those weaknesses. To date, there are about 40,000 BearSaver carts in service throughout the U.S. and Canada. Our failure rate is less than 1 %. Overfilling causes most failures, which bends the lid reinforcement thus causing a gap that any bear can compromise. In summary, reinforcing a plastic container, if done properly, can provide an excellent deterrent against bear intrusion. Normally, a bear will knock over the container, jump on it few times then walk away in search of an easier meal. Naturally, if given enough time, anything not made of steel will be compromised. However, under normal conditions, and with proper usage, BearSaver curbside carts prove to be are a very effective deterrent. Sincerely, Steve Thompson Director of Marketing and Sales, BearSaver PH 909 - 605 -1697, FAX 909 - 605 -7780 sales@bearsaver.com www.bearsaver.com 1390 S. Milliken Ave., Ontario, CA 91761 Contact: Tracy Mitchell Environmental Specialist, Kodiak Island Borough Phone: 486 -9348 Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9301 Fax (907) 486 -9374 FOR IMMEDIATE RELEASE Kodiak Island Borough Looks Forward to New and Improved Solid Waste Collection Services Introduction of new services and lifelong Alaska resident, Jeff Riley, of Alaska Waste Who is Jeff Riley? Born in Kenai, Jeff Riley loves to cook for his family and friends. He now lives in Anchorage with his wife and two daughters. Over the years, his family has enjoyed soccer, basketball, volleyball, plus golf and gardening during the summer. They keep a worm composting bin in their garage to recycle their food scraps. In the spring, Jeff uses the worm casings to supplement the soil in their patio garden of flowers. Mr. Riley has worked in the solid waste industry for over 16 years with considerable experience in establishing and providing management and support in all areas of daily operations, safety, and customer service. He oversees Alaska Waste's operations in the Municipality of Anchorage providing service to approximately 50,000 residential homes. He has a proven track record managing start up projects and new contracts. While at Alaska Waste the company has started two new "green" collection programs; used cooking oil and commingled residential curbside with plans for a third program with the start up of post consumer food waste collection. What are Alaska Waste's goals in providing solid waste collection services for residents of Kodiak? Alaska Waste's primary goal is to follow the collection plan outlined in the Solid Waste Management Plan (SWMP), adopted by the Kodiak Island Borough Assembly on August 22, 2008. The SWMP provides for: 1. Operational efficiency with a safe, uniform system of standardized carts 2. Rate stability: collection rates over the long -term (5 -10 years) will fluctuate less 3. Fair and equitable garbage rates based on how much you throw away, creating a direct economic incentive to reduce, reuse and recycle 4. Rate equity and elimination of waste generators that are currently being subsidized in the existing system 5. Removal of community dumpsters: Dumpsters are expensive and wasteful, by allowing an out -of- sight, out -of mind way to avoid the responsibility of paying for disposal, thus creating increased costs to all rate payers in the system 6. Higher level of service: Customer convenience is increased and litter and garbage in the streets is reduced 7. Addition of future services, such as curbside recycling How will the new service work? Kodiak residential customers will be serviced by 1 of 3 ways depending on where you live: 1. BEAR CART AREA: Weekly curbside pickup of standardized bear carts for the area located primarily north of the intersection of Mill Bay Road and East Rezanof. Carts available will come in 64- gallon or 96- gallon sizes. 2. DOWNTOWN CORE: Weekly curbside pickup of standard roll carts located primarily south of intersection of Mill Bay Road and East Rezanof. Carts available will come in 32- gallon, 64- gallon or 96- gallon sizes. 3. ROLL -OFFS: For residential users in Bells Flats, Chiniak and Pasagshak the service will continue to be provided by roll -off containers (dumpsters) in the same manner as today. Areas utilizing carts will be serviced by new automated or semi - automated collection vehicles. How will the bear area work? The bear area is viewed as a "test" area for wildlife experts to observe the behavior of humans, bears and the effectiveness of equipment. Alaska Waste will provide residents with regularly - scheduled weekly removal of waste. What will be the rate for the new residential service? The Kodiak Island Borough landfill operates as an Enterprise Fund which is similar to a not-for-profit business where revenues must meet expenses. For many years revenues were not meeting expenditures and there were regulatory compliance issues that were not being adequately addressed. Therefore, in 2003 residential and commercial rates were raised for the first time in 7 years. In 2005, commercial rates were raised again to balance the budget. The proposed monthly rates listed below are very similar to what residential customers are currently paying. While these proposed rates are not cast in stone, substantial rate increases are not expected to occur during the term of the collection contract. The following prices include use of the carts and residential roll -offs (dumpsters). In the bear area: $32.60 for 64- gallon cart $36.40 for 96- gallon cart In the downtown core area: $27.92 for 32- gallon cart $32.60 for 64- gallon cart $36.40 for 96- gallon cart In the area defined past Dead Man's Curve - Bell's Flats, Chiniak and Pasagshak: $36.40 per residence What if I live in an apartment building or multi - family housing? The new automated collection service will be available to all residential customers. Often larger housing units, such as triplexes, 4- plexes, condos and apartment buildings, have a commercial dumpster service. If you live in an apartment or multi - family dwelling your complex will be serviced by a commercial dumpster. What if I can't get my cart down to the pickup point? Alaska Waste is committed to tailoring their services to meet the individual needs of Kodiak customers and ensure consistent services at both the local and state levels. If you have a concern, special need or circumstance, contact Alaska Waste at the time the collection contract is implemented (most likely July 1, 2010) to communicate your needs. For more information please contact Tracy Mitchell, Environmental Specialist for the Kodiak Island Borough at 486 -9348. SOLID WASTE COLLECTION CONTRACT OPTIONS 3 -25 -2010 Under consideration below are three options for rate payers with the exception of residents beyond Deadman's Curve (Bells Flats, Chiniak and Pasagshak). Residents in that area will still pay the fixed rate of $38.31 and $2.52 for dumpster clean -up costs for a total of $40.83. The first option is the residential collection system proposed by Alaska Waste which reflects the Pay -As -You Throw structure as outlined in KIB's Solid Waste and Recycling Collection Services RFP (May 2009); and the second and third options, based primarily on a "status quo" condition, being proposed by the KIB Assembly. Option 1 is the system approved by the Assembly prior to the release of the RFP. This system would collect waste from residents using roll carts with the monthly rate dependent on the size of the cart selected. Residents in the outlying areas would be assigned a bear cart. The primary reason for implementing a cart based system is to establish an equitable rate structure that assigns the service and disposal costs to residents and small businesses that generate the waste. The following table details the proposed collection rates: Variable Rates 32 gallon: $28.90 64 gallon: $34.09 96 'gallon' $38.31 Fixed Rate w /surcharge Service & Disposal: $ 42.68 Dumpster Clean -up: $ 1.65 KIB Fixed Rate: $ 44.33 Excess Waste Surcharge (see explanation after Option 3) Kodiak City Variable Rates 32 gallon: $28.90 64 gallon: $34.09 96! gallon: $38.31 All residential dumpsters would be removed from the Borough and the City limits. Option 2 would keep the community dumpsters in the populated areas of the Borough while providing the variable cart system to the residents of Kodiak City. Collection rates for City residents would be based on the volume of the cart selected whereas the rate for Borough residents would be a fixed rate with a surcharge for excess waste. The proposed rate for Borough residents assumes the 1,580 residential customers will dispose of 70 pounds per week or 55 tons for the entire rate base (1,580 customers x 70 pounds / 2,000 pounds per ton). Any waste amounts collected over the assumed weekly amount of 55 tons would be invoiced monthly as an additional surcharge to the Borough residents. The calculation of the surcharge is detailed at the end of this memo. The following table details the proposed rates for Option 2: Kodiak City Variable Rates 32 gallon: $ 28.90 64 gallon: $ 34.09 96 gallon: $ 38.31, Page 1 of 3 Options for Solid Waste Collection Contract — KIB Assembly WS 3.25.10 Some residents of Kodiak City will benefit from this option because they will have a cart that is collected at their driveway and if they have a large item or excessive waste, they can easily drive to a KIB dumpster to dispose of their waste at no additional charge to them. Because of this, and other potential, undetermined system abuses (commercial dumping), the proposed rates for Borough customers must assume a higher volume of waste and therefore the higher rate; small waste generators, such as senior citizens, will pay a higher garbage bill to subsidize these larger waste generators and the anticipated abuse of the system that is expected to occur. All residential dumpsters would be removed from the City limits. Option 3 would keep the community dumpsters in the populated areas of the Borough and provide a cart system with a fixed rate to Kodiak City residential customers. The rate for City customers would be the 96 gallon cart rate of $38.31. As in Option 2, Borough residential customers would be charged a fixed rate of $38.31, a dumpster clean -up charge and, if warranted, as in Option 2, an excess waste surcharge. This system does not represent any semblance of a Pay -As- You -Throw system. The following table details the proposed rates for Option 3: Fixed Rate w /surcharge Service & Disposal: $ 38.31 Dumpster Clean -up: $ 1.65 KIB Fixed Rate: $ 39.96 Excess Waste Surcharge All residential dumpsters would be removed from the City limits. Kodiak City Fixed Rate $38.31 The excess waste surcharge represents the additional tonnage amounts, brought to the KIB landfill for disposal and therefore this cost would have to be passed back to the Borough rate payers (adjusted relative to the number of customers). The surcharge would simply be all amounts over the allotted 55 tons multiplied by the disposal rate and divided by the Borough customer count. The following table provides an example of surcharges assuming various additional waste tonnage amounts, multiplied by the $150 per ton disposal fee and then allocated over 1,580 Borough customers: Excess ass' Su ch cu €tton At 10% over tonnage allotment At 20% over tonnage allotment At 25% over tonnage allotment At 30% over tonnage allotment At 35% over tonnage allotment At 40% over tonnage allotment At 45% over tonnage allotment At 50% over tonnage allotment Excess Weekly Tons 5.5 11.1 13.8 16.6 19.4 22.1 24.9 27.7 Monthly Excess Tons 23.94 47.89 59.86 71.83 83.81 95.78 107.75 119.72 Disposal Cost $7,183.47 $8,979.34 $10,775.21 $12,571.07 $14,366.94 $16,162.81 $17,958.68 Page 2 of 3 Options for Solid Waste Collection Contract — KIB Assembly WS 3.25.10 Excess Surcharge $2.27 $4.55 $5.68 $6.82 $7.96 $9.09 $10.23 $11.37 Senior Discounts were not assumed in the Solid Waste and Recycling Collection Services RFP; therefore, any discounts granted need to be funded by either the KIB or subsidized by the all of the residential rate payers, including those past Deadman's Curve. There are 370 seniors currently receiving a discounted rate. Assuming 370 seniors, the following table details the financial impact of various discounts to either the KIB General Fund or all residential rate payers. Summary Table Alternative 2 Discount Discount Monthly Discount Cost Discount Rate Cost Payer Per Month Senior $5.00 $7.00 $10.00 $1,850 $2,590 $3,700 Fixed Rate w /surcharge Dumpsters: $44.33* w /surcharge Dumpsters: $39.96* Annual $22,200 $31,080 $44,400 Cost Per $0.74 $1.03 $1.47 Several jurisdictions provide discounted rates to seniors based on a financial need and not an age test. If this is considered by the KIB, the financial impact to either the General Fund or all residential rate payers would be less than the above calculations. Alternative 1 Alternative 3 Variable Rates 32 gallon: $28.90 64 gallon: $34.09 96 gallon: $38.31 Variable Rates 32 gallon: $28.90 64 gallon: $34.09 96 gallon: $38.31 Fixed Rate Fixed Rate *Plus excess waste surcharge as described previously. Variable Rates 2 gallon: $28.90 64 gallon: $34.09 96 gallon: $38.31 Carts: $38.31 Page 3 of 3 Options for Solid Waste Collection Contract — KIB Assembly WS 3.25.10 Fulp Amendment for Stabilization of Rates for KIB & Bells Flats Residential Collection Option 2 1. Add a 53 cent subsidy, $0.53, for all rate payers, which takes away the extra $3.50 added to MB residents over Bells Flats rates, because of charges for the excess rate surcharge. Both the Bells Flats rates and the KIB rates remain equal (plus no senior discount). It costs 15 cents for every dollar of subsidy, $0.15, to the contract. Times that by $3.50 (the amount MB rate was over Bells Flats rate) and you get 53 cents or $0.53, to make both the KIB and Bells Flats rates the same. Rates in City 1. 32 gallon—$29.43 2.64 gallon—$34.62 3.96 gallon -- $38.84 Rates in Bells Flats and KIB 1. $38.84- -the 96 gallon rate, plus $2.52 for dumpster clean -up cost, for total of $41.36 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 1, 2010 REGULAR MEETING ITEM NO: 13.B.1 Resolution No. FY2010 -30 Approving Sublease of a Mobile Home as a Caretaker's Unit by the Kodiak Island Sportsman's Association (KISA) on Tract B Within Lot 1, U.S. Survey 2539 Adjacent to the Salonie Creek Rifle Range. SUMMARY: Written consent of the Assembly is required by Section 11 of the ground lease for assignment or transfer of the lease, or any interest in it. This resolution would grant approval for the rental of the mobile home owned by KISA existing on the site to a tenant fulfilling responsibilities as caretaker for the term of the ground lease (until August 10, 2019). By requiring written approval by the manager or his designee for future changes of occupancy, providing that the principal tenets of the rental agreement do not change, instead of written Assembly consent, this resolution amends Section 11 of the ground lease. 18.40.110 Subleasing. Lands or interest therein leased from the borough may be subleased upon receiving prior written approval of the mayor. This approval shall not be unreasonably withheld. Utilization of constructed improvements shall be a substantial reason for the sublease. Subleases shall be in writing and be subject to all terms and conditions of the parent lease and this title. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -30. 1 Introduced by: Borough Manager 2 Requested by: Borough Manager Drafted by: Resource Management 3 Officer Scholze 4 Introduced on: 04/01/2010 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2010 -30 9 10 A RESOLUTION APPROVING THE SUBLEASE OF A MOBILE HOME AS A CARETAKER'S 11 UNIT BY THE KODIAK ISLAND SPORTSMAN'S ASSOCIATION (KISA) ON TRACT B WITHIN 12 LOT 1, U.S. SURVEY 2539 ADJACENT TO THE SALONIE CREEK RIFLE RANGE 13 14 WHEREAS, a ground lease between the Kodiak Island Borough and Kodiak Island 15 Sportsman's Association, a non - profit corporation, for land at Salonie Creek authorized by 16 Borough Resoultion No. 92 -26 was executed on August 11, 1994 to develop a shooting range for 17 the benefit of the citizens of the Kodiak Island Borough; and 18 19 WHEREAS, Resolution No. 96 -33 approved a 25 -year lease of a five acre parcel within Lot 1, 20 U.S. Survey 2539 to the Kodiak Island Sportsman's Association to provide for a caretaker's 21 residence adjacent to the Salonie Creek Rifle Range for the purposes of adding a visible 22 presence at the range to deter vandalism, and aiding in the collection of data about who utilizes 23 the Salonie Creek valley; and 24 25 WHEREAS, the original lease between the Kodiak Island Borough and Kodiak Island 26 Sportsman's Association authorized by Borough Resoultion No. 92 -26 and executed on August 27 11, 1994 was amended on September 17, 2001 to include Tract B (Caretaker's Site); and 28 29 WHEREAS, the amended lease of 2001 was further amended on May 10, 2005 to extend the 30 lease agreement in full until August 10, 2019; and 31 32 WHEREAS, Section 11 of the amended ground lease stipulates that the Kodiak Island 33 Sportsman's Association shall not sublet or assign or transfer this lease, or any interest in it, 34 without the prior written consent of the Borough Assembly; and 35 36 WHEREAS, KIBC 18.40.110 allows that land or interest therein leased from the Borough may 37 be subleased upon receiving prior written approval of the mayor. 38 39 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH THAT: 41 42 Section 1: Sublease of a mobile home as a caretaker's unit only by the Kodiak Island 43 Sportsman's Association on Tract B within Lot 1, U.S. Survey 2539 near the 44 entrance to the Salonie Creek rifle range along the Chiniak Highway, is hereby 45 approved. 46 47 Section 2: This approval is granted for the term of the ground lease, until August 10, 2019, 48 subject to the requirements that each change of occupancy must be approved in Kodiak Island Borough Resolution No. FY2010 -30 Page 1 of 2 49 writing by the Borough Manager or his designee, and that, except for term 50 (Section #1) and rent (Section #4), the rental agreement itself, including the 51 caretaker responsiblities stipulated, is not changed. 52 53 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 54 THIS DAY OF 2010 55 56 KODIAK ISLAND BOROUGH 57 58 59 60 Jerome M. Selby, Borough Mayor 61 62 ATTEST: 63 64 65 66 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -30 Page 2of2 March 3, 2010 Mr. Gifford Kodiak Island Sportsman 's Association P.O. BOX 1098 Kodiak Alaska 99615 www.kisaorg.com It has been brought to the attention of the Kodiak Island Sportsman's Association that approval is needed to re -lease the Mobil Home at Salonie Creek rifle range after a period of vacancy, as per Code Section 18.40.110. KISA owns the Mobil home but the Borough Owns the land so we have been instructed to bring this to your attention for approval as it would be a sublease of Borough land. We have done the repairs needed to start leasing this Mobil home again so that KISA has someone there looking after the clubs assets. Therefore we are requesting approval to sub lease the Mobil home at Salonie Creek Rifle Range. In addition we request approval for occupancy of the trailer for the term of the lease specifically regarding Tract B subject to the approval of the Borough manager if the tenant changes. As the "landlord" we screen each tenant, check references and perform background checks if necessarily. The list of the caretaker's responsibilities is attached. Thank you for your attention in this manner Jesse Glamann President, KISA ( HOUSE TRAILER RENTAL AGREEMENT By this agreement, made and entered into on the _ day of . 201C between Kodiak Island Sportsmen's Association of P.O. Box 1038, Kodiak, Alaska 99615 ( "KISA" or "Landlord ") and Robin Overall of ( "Overall" or "Tenant "), Landlord subleases to Tenant and Tenant rents from Landlord, for personal residential purposes only and upon the terms and conditions which follow, that certain house trailer located upon a 5 -acre tract of land owned by the Kodiak Island Borough which is leased to KISA and commonly known as the Caretaker's Parcel at the Salonie Creek Rife Range, which parcel is more specifically described as follows: That portion within the Northwest 1 /a of Section 6, Township 29 South, Range 20 West, Seward Meridian, Kodiak, Alaska with a Point of Beginning at the intersection of the Chiniak Highway Right of Way and the West boundary of the existing access road to Salome Creek, thence South along the meander of the west boundary of the access road 660', thence due West 330', thence North 660' to the Southerly edge of the Chiniak Highway Right of Way, thence East along the meander of the right of way to the Point of Beginning, containing 5 acres more or less. It is further mutually agreed between the parties as follows: 1. Term. This agreement shall create a tenancy beginning the ate! day of j ., 2010 and ending the day of 2010 ; provided, however, that in the event Tenant holds over at or after the end of said term, the tenancy shall thereupon be deemed a month -to -month tenancy commencing on the first day of the hold -over period. Landlord and Tenant acknowledge and agree that Landlord is not a mobile home park operator, that this agreement does not involve Landlord's leasing of space for the location of a mobile home owned by Tenant or a third party, and that Landlord's right to evict Tenant is not subject to the requirements of A.S. 34.03.225. 2. Tenant to Act as Caretaker. Notwithstanding the foregoing, it is explicitly acknowledged and understood that Overall's right to occupy the house trailer to which this lease relates is dependent upon Overall's being employed (as an independent contractor) by KISA as a caretaker of the Salome Creek Rifle Range. If, for any reason, Overall should ever cease to occupy the position of caretaker of the Salonie Creek Rifle Range, then KISA may terminate this agreement and Overall's 1 right to remain on the premises either immediately or upon the date rent otherwise would next be due or at such other date as KISA may select and specify. Overall's duties and compensation as caretaker shall be the subject of a separate agreement. 3. Approval of KIB Assembly Required. Tenant acknowledges that KISA is leasing from the Kodiak Island Borough the ground upon which the house trailer here in question is located and that it will be necessary for KISA to obtain the written consent of the Kodiak Island Borough Assembly to this agreement. If for any reason KISA is unable to obtain such consent, then this agreement shall be treated as void and no action shall be brought or damages claimed against KISA as a result. 4. Rent. The premises shall be used and occupied by Tenant as a personal residence and for no other use or purpose whatsoever at a rental of Six Hundred Dollars $600.00 per month, payable to Landlord in advance on or before the first day of each calendar month. Rent in the amount of $900.00 for the last half of March and the month of April shall be paid on or prior to March 16, 2010 and before Tenant occupies the trailer. Rent may be either paid in person to the KISA Treasurer (currently Erik Berggren) or such other person as KISA may direct or by mail to KISA at P.O. Box 1098, Kodiak, AK 99615. Rent which is mailed must be postmarked by the due date. 5. Number of Occupants. Tenant agrees that the leased premises shall be occupied solely by _ adults and _ children, whose names, dates of birth and social security numbers are as follows: Name Robin Overall d.o.b. SSN 6. Late Charges. Rent is due in advance on the first day of each calendar month. If Landlord elects to accept rent paid or postmarked after the third day of the month, a late charge of Fifty Dollars ($50.00) will be charged as additional rent. In addition, Tenant agrees to pay Landlord a service charge of Twenty -Five Dollars ($25.00) for any check returned for non - sufficient funds or other reasons. If Tenant's rent check is dishonored by the bank on one or more occasions, Tenant may, at Landlord's discretion, be required to make all further rent payments by cashier's check, bank draft or money order. 7. Utilities and Heating Oil. The parties acknowledge that the house trailer which is the subject of this agreement is located in a rural area and that it is not served by a municipal water or sewer system. Tenant, and not Landlord, shall be solely responsible for the cost of all heating fuel and utilities delivered to the house trailer or utilized by Tenant including, without limitation, electricity (which shall be obtained through an account placed in Tenant's name), garbage services (whether delivered to a dumpster or self - hauled to the municipal landfill) and cable television. Tenant shall be responsible for the cost of routine maintenance to the well and septic House Trailer Rental Agreement (KISAJOverall) Page2of4 2 system serving the house trailer, including any required pumping of the septic system, and Landlord shall be responsible for repairs to those systems. 8. Tenant's Conduct and Maintenance of the Trailer. Tenant shall keep the house trailer and surrounding grounds clean and safe; shall dispose of all rubbish, garbage and other waste in a clean and safe manner; keep all plumbing fixtures in the trailer as clean as their condition permits and winterize the same when and as necessary; use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, kitchen and other facilities; and not deliberately or negligently destroy, deface, damage, impair or remove any part of the trailer or knowingly permit any person to do so. Tenant shall be responsible for the cost of unplugging or clearing drains service the trailer and repairing or replacing the garbage disposal, if any, if blockage or damage results from misuse; and shall otherwise use the premises in a reasonable and sanitary manner. 9. Entry for Inspection. Landlord shall have the right to enter the trailer for inspection at all reasonable hours and upon reasonable notice to Tenant. No such advance notice need be given for outside inspections. 10. Extended Absences. Tenant shall notify Landlord in advance of any anticipated absences from the premises which are likely to be in excess of seven days. 11. Waste, Nuisance or Unlawful Use. No waste shall be committed on the premises, nor shall any nuisance be permitted or maintained thereon, nor shall the premises be used in any unlawful manner. 12. Notices. Any notice to Tenant addressed to Kodiak, Alaska 99615 or physically posted on the door of the trailer, and to Landlord at P.O. Box 1098, Kodiak, Alaska 99615 shall be sufficient if in writing and delivered in person or by mail; provided, however, that service upon any adult then living on the premises shall be deemed service upon Tenant personally. All notices or demands to Landlord, including legal process, shall be directed to Kodiak Island Sportsmen's Association, P.O. Box 1098, Kodiak, Alaska 99615, Attn.: President. 13. Assignment and Subletting. Because Tenant's occupation of the premises under this agreement is dependant upon Tenant's being retained by Landlord as caretaker of the Salonie Creek Rifle Range, Tenant shall not under any circumstances assign this lease or sublet the premises or any part thereof to any other person. 14. Re- delivery of Premises. At the end of the term of this agreement Tenant shall quit and deliver up to Landlord the house trailer and all furnishings, appliances and other items of personal property in as good condition as they are now, ordi- nary wear and tear, decay and damage by the elements excepted. If Tenant leaves the trailer or surrounding grounds in unclean or damaged condition, then Tenant shall be liable for the cost of repairs and cleaning. 15. Condition of Premises. Tenant stipulates that Tenant has examined the premises and that they are, at the date of this lease, in good order and repair and in a safe, clean and tenantable condi- tion. 16. Tenant's Default in Rent - Other De- fault. If rent is unpaid when due and Tenant fails to pay rent in full within seven (7) days after written notice by Landlord of nonpayment and the intention to terminate this rental agreement, the tenancy termi- nates and Landlord may immediately recover posses- sion of the premises and remove or require the re- moval of any property which Tenant has located thereon, without prejudice, however, to the right of Landlord to recover from Tenant all rent and other obligations then due. Landlord may re -enter and repossess the leased premises either with or without judicial process, and Tenant covenants and warrants that upon demand, Tenant will surrender and deliver quiet possession of the premises to Landlord. ADDITIONAL AGREEMENTS: House Trailer Rental Agreement (KISA/Overall) Page 3 of 4 3 Should Tenant default in any of Tenant's other obligations under this rental agreement or Alaska law, then Landlord may terminate the tenancy and recover possession of the premises after giving such notice as may be required by law. 17. Liability. Landlord SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGES TO Tenant's personal property or Tenant's guests, invitees or other persons on the premises except as provided by law and Tenant agrees to indemnify and save Landlord harmless from all costs, expenses and other damages arising out of any such incidents. Tenant understands and acknowledges that the care and protection of Tenant's vehicle and other personal property is Tenant's responsibility. 18. Waivers. A waiver by Landlord of a breach of any covenant or duty of Tenant under this lease is not a waiver of a breach of any other cove- nant or duty of Tenant, or of any subsequent breach of the same covenant or duty. 19. Costs and Attorney's Fees. Should an action be brought in a court of competent jurisdiction to enforce any rights arising out of this agreement, the prevailing party shall be entitled to recover as against the non - prevailing party its full costs and attorney's fees, so long as those costs and fees are not deemed to be unreasonable by the court hearing such action. 20. Entire Agreement and Modification. This lease contains the entire agreement between Landlord and Tenant herein, and no modification hereof shall be effective unless the same shall be in writing and signed by both parties to said modification. IN WITNESS WHEREOF, the parties have executed this lease on the date first stated above. Tenant: Landlord: Kodiak Island Sportsmen's Association Robin Overall By: Jesse Glamann Its: President House Trailer Rental Agreement (KISA /Overall) Page 4 of 4 4 Salonie Creek Caretaker Responsibilities The sole purpose of the Caretaker at the Salonie Creek Rifle Range is showing a human presence for a majority of the time, so that vandalism, littering and unauthorized use is limited. • To perform all responsibilities listed in the Rental Agreement • Monitor and report back to KISA board any unauthorized activity on the property, illegal activity must be reported immediately to the proper authorities. • Clean debris on Salonie Creek Roadway, Pistol Range, and Rifle Range to best of your ability • Open the main gate for open range days as directed by the KISA Board KODIAK ISLAND BOROUGH RESOLUTION NO. 96 -33 Introduced by: Mayor Selby Requested by: Community Development Department Drafted by: Community Development Department Introduced: 12/05/96 Adopted: 12/05/96 A RESOLUTION APPROVING THE 25 -YEAR LEASE OF A FIVE (5) ACRE PARCEL WITHIN LOT 1 U.S. SURVEY 2539 TO THE KODIAK ISLAND SPORTSMAN'S ASSOCIATION TO PRQVIDE FOR A CARETAKER'S RESIDENCE ADJACENT TO THE SALONIE CREEK RIFLE RANGE WHEREAS, a lease of land to the Kodiak Island Sportsman's Association, a non - profit corporation, for less than fair market value at this location will dovetail with the existing lease of the rifle range; and WHEREAS, the lease of a parcel of land will add a visible presence at the range that will deter the further vandalism to Borough -owned facilities; and WHEREAS, the presence of a caretaker unit at this site will aid in the collection of data about who utilizes the Salonie Creek valley and what types of uses occur; and WHEREAS, the Kodiak Island Sportsman's Association is a qualified non - profit organization and otherwise meets the requirements of Kodiak Island Borough Code 18.40.020C Negotiated Leases; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on this request and recommends approval of this request; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The disposal by twenty -five (25) year lease to the Kodiak Island Sportsman's Association for one dollar (51.00) per year of a five (5) acre tract on a portion of Lot 1 U.S. Survey 2539, near the entrance of the Salonie Creek Rifle Range along the Chiniak Highway, is hereby approved. Kodiak Island Borough, Alaska Resolution No. 96 -33 Page 1 of 2 Section 2: Section 3: Section 4: ATTEST: The site shall only be used for a caretaker residence and associated accessory building in conformance with Kodiak Island Borough Code Title 17 Zoning. Removal of vegetation from the site will be kept to a minimum. This lease shall terminate in 1999 should the previous lease of the Salonie Creek Rifle Range to the Kodiak Island Sportsman's Association not be renewed. Section 5: The Kodiak Island Borough mayor, or his designee, is authorized to negotiate all terms of the lease and sign all related documents. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF DECE,BER, 1996 o /YIG. 4-4 onna F. Smith, CMC /AAE, Borough Clerk KODIAK ISLAND BOROUGH Jer M. Selby, Borou Robin Heinrichs, Presiding Officer Kodiak Island Borough, Alaska Resolution No. 96 -33 Page 2 of 2 TITLE: Ordinance No. FY2010 -08 Rezoning Lot 11A, U.S. Survey 3474 From C- Conservation To RNC -Rural Neighborhood Commercial. SUMMARY: The applicant, Norman and Janice Botz, desire to reestablish the Roads End Bar and Restaurant in Chiniak. This former business was at one time a grandfathered non - conforming use in a residential district. Kodiak Island Borough code 17.140.050G Nonconforming uses of structures and land states that non conforming uses that cease to exist for more than a year lose their grandfathered (non- conforming) status and "shall not thereafter be used except in conformance with the regulations of the district in which it is located ". Fortunately, the 2008 Comprehensive identifies this area of Chiniak, including the Botz parcel, for future Rural/Mixed Use Commercial /Residential use. This request for a rezone from C- Conservation to RNC —Rural Neighborhood Commercial is consistent with the comprehensive plan. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 1, 2010 REGULAR MEETING ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2010 -08 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Manager Gifford Requested by: CDD Drafted by: CDD Director Cassidy Introduced: 04/01/2010 Public Hearing: Adopted: 1 2 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2010 -08 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 9 LOT 11A, U.S. SURVEY 3474 FROM C- CONSERVATION TO RNC- RURAL 10 NEIGHBORHOOD COMMERCIAL 11 12 WHEREAS, the Roads End Bar and Restaurant operated successfully out at the end of 13 Chiniak Road on what is now known as Lot 11A, U.S. Survey 3474 for many years; and 14 15 WHEREAS, this establishment has been closed and the new owners desire to reestablish its 16 historical use; and 17 18 WHEREAS, the current zoning district provides for primarily residential uses and a commercial 19 bar /restaurant is prohibited in a residential zoning district; and 20 21 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified this 22 area of Chiniak for a future "Rural Mixed Use Commercial /Residential" node ; and 23 24 WHEREAS, this request is consistent with the borough's comprehensive plan; and 25 26 WHEREAS, the commission held a properly noticed public hearing on this request and is 27 recommending that the Assembly approve the request to rezone this parcel from C- Conservation 28 to RNC- Rural Neighborhood Commercial. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is not of a general and permanent nature and shall not become a 34 part of the Kodiak Island Borough Code of Ordinances; 35 36 Section 2: Lot 11A, U.S. Survey 3474 is rezoned from C- Conservation to RNC- Rural 37 Neighborhood Commercial. 38 39 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 40 hereby confirmed as follows: 41 42 17.72.020 A. Findings as to the Need and Justification for a Change or 43 Amendment. 44 The rezoning of Lot 11A, U.S. Survey 3474 from C - Conservation Zoning District to 45 Rural Neighborhood Commercial would allow the property owner to re- establish a 46 historical use as a permitted use within the existing structure of the zoning code. 47 The rezoning of Lot 11A, U.S. Survey 3474 from C - Conservation Zoning District to 48 Rural Neighborhood Commercial would allow the property owner to expand amenities 49 and services, unencumbered by a "non- conforming" zoning designation. Kodiak Island Borough Ordinance No. FY2010 -08 Page 1 of 2 50 51 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the 52 Objectives of the Comprehensive Plan. 53 The rezoning of Lot 11A, U.S. Survey 3474 from C - Conservation Zoning District to 54 Rural Neighborhood Commercial would serve to implement the objectives of the 2008 55 Comprehensive Plan Update of the Kodiak Island Borough relating to the Chiniak 56 community. 57 58 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 THIS DAY OF 2010 62 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 Jerome M. Selby, Borough Mayor 69 70 ATTEST: 71 72 73 74 Nova M. Javier, MMC, Borough Clerk 75 76 Kodiak Island Borough Ordinance No. FY2010 -08 Page 2of2 Current Location P & Z Case # 10 -014 Botz, Norman & Janice Request: A rezone investigation. according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation to RNC -Rural Neighborhood Commercial. Kodiak Island Borough GIS System f ma= 11. Lulu This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. V! A Public Hearing Item VI -A I-J8,L March 11, 2U1U Kodiak Island Borough Zoning Map Community Development Department Current Zoning Request: A rezone investigation, according to KIBC 17.205.030.0 P & Z Case # 10 -014 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation to RNC -Rural Botz, norman & Janice& Neighborhood Commercial. 875 1,750 1 1 I r Feet i ri ... ,, ., „.„. ,.. „i„,„ , i......- if 3,500 Lot 11A USS 3474 Business Conservation Industrial Light Industrial Natural Use Zoning Legend Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential i, Rural Resic Rural Resic Split Lot Zan This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. e e e 1t tti NRCS_2004 Aerial P & Z Case # 10 -014 Botz, Norman & Janice ignimmir Request: A rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes). to consider a change of zoning for Lot 11A. U.S. Survey 3474 from C- Conservation to RNC -Rural Neighborhood Commercial. Kodiak Island Borough GIS System 1 Maren if Lulu This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. IA REOX 000 m QJ a LCN C I =a • . 11 Olds River Recreation Destination Mayflower Beach Recreation Destination Recreation �•, Kalsin Bay Destination Recreation tt„ Destination { 5 -acre minimum lot size Roslyn Beach Recreation Destination thionbs Up Oak stix.e Liana ISTHMUS BAY Mow./ FtleR Silver Beach Recreation Destination CHINIAK BAY 5 -acre minimum bt size O / diSh r / s , . f Sequel Point Recreation / /Destination / 0 !it 1 Cape Chiniak Recreation Destination G. Isana Cep. 2 Mlles Kodiak Island Borough - Chiniak Area: Proposed Future Land Use 0 WI Island UGH D."eniele , > Puv,Oea.r Gwen C... Gysi omprehensire Plan Update Conservation IIII Public Use Recreation/ Open Space Rural /Mixed Use Commercial /Residential Rural Residential (2 -acre minimum lots unless otherwise noted) - - 17b Easement Source: Kodiak Island Borough GIS. 2006 � Wiwi/ ru fly ...∎. .. 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907088f930Eg Item VI -A www.kib.co.kodiak.ak.us P8Z March 17, 2010 /I/arnxti awl ahice. Property owner's name a c.5sagi Applicant Information Pr9perty owner's mailing addres in ta k_ ff `1% Z-tfe6-ottSce State n3 h Zip j Home phone Work Phone E -mail Ad r. Norm f30 akE W y4 Agent's name (If applicable) Po P 5 hs Agent's mailing address -d-/2 9`i1e,/s~ City '! State I_ Zip 907 y 3 - (/7tQ YI j h e34-7_ 6 � Cr rrt Home phone Work Phone E -mail Addr. Property ID Number /s Legal Description Current Zoning: Property information 1 4 61s53g L /l,4 CO hg' lam(ek :ti 0'!1 Applicable Comprehensive Plan: , ets of Plan adoption: 7 A G ��T Present Use of Property: reS r I adlikg Proposed Use of Property: ref-kraukt 19-I k /od4 cati fi, {� , r 2 M r e_ >7u- h l rn ass 044 trec I dpi. cv (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as Indicated below. Additional Narrative/History Property Owner's Signature As -bulit Survey „ Photographs retell+ 4 pr's/' Gka Maps Other j ute Authorized Agent's Signature" 1 -13 - y 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from C, to RAJ (KIBC 17.72.030 and 030.C)* STAFF USE ONLY PAYMENT VERIFICATION *l tbange, 'Fee Schedule: (pe • -Kill Assembly Resolution , k;ff July 1, 2005) Le tq ''S ucros: $350.00 1 .76 1id $ if cr; 5 $750.Q 5.01 tu'40.00`acres 51.000.110 40.01 acres ur more 51.500.00 - 130 Lx "10 ass F`i`f N . - b- r_ Op ei4t1toL Lai G(S53 _ aka. tamas Ea_ _ -.. - _- - 24/0 _ _ 8 t. oto ek 4v 11( ,r 44 c la-4® Avg 4 .4r t - «sp y - a - r Wove la.rS_ _ o S '' Vf 1 - .._ sc!u 4C4tr oh m r p hi at., . 44-it _ kWrosi (,5 _ _. ctpp l tivf g. r -- - st J1 C s r _._ a -d ery tt _ - rr'o■ -co Worm. !`_fin_ +' ' f 400 ' 1a to - -4. rte I o (CA(4111, c nv, alla __ .. _110 ..124 _ ogierriis _ -4 ---- - L71 in -1 Geri e. I _..._ 14.4 0 4. 6 .c --- c.ohf_f'nµ.e. tkg- r'`s'" ``'' - - r rr Rte__ E l omfe4 o _ _cork && ter Les ate.__ _ -as__ f-s___.n_ amL1 _is _ 0.t _ 6 , 044 h- 4 _ . CkibiLc . h i 4 _R 3oru - - -el c, -Via- XiUC ICwQ 4 44.!' c a ss rea g.. ..b r -coh I t a 415. a. - pig - 4v 4 I ) t ° ff ,K _ _ s .,. , _ 06( 1 $ o roan Apfg., ptume, 1410tAM aI /OW - c P6 ca.J/nS res*4n /# AtearefAti / MEMORANDUM Public Hearing Item VI -A DATE: February 12, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 17, 2010 Regular Meeting CASE: 10-014 APPLICANT: Norman & Janice Botz AGENT: n/a REQUEST: A rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation IQ RNC -Rural Neighborhood Commercial. LOCATION: 43844 Chiniak Hwy ZONING: C - Conservation Zoning District (89) public hearing notices were mailed on February 25, 2010. Date of site visit: 1. Zoning History: The Kodiak Island Borough 1968 Comprehensive Plan did not address this area. Ordinance No. 77 -15 -0 rezoned all the lands within the corporate boundaries of the Kodiak Island Borough not previously addressed as C — Conservation. 2. Lot Size: 3.75 acres 3. Existing Land Use: Business 4. Surrounding Land Use and Zoning: North: Chiniak Highway ROW Use: Transportation corridor Zoning: C - Conservation Zoning District South: portion T29S R18W (Kodiak Island Borough) Use: Vacant / Undeveloped Zoning: C - Conservation Zoning District East: Lot 12 United States Survey 3474 Use: Single Family Residence Zoning: C - Conservation Zoning District West: Lot 10A United States Survey 3474 Use: Single Family Residence Zoning: C - Conservation Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan Update identifies this particular area (if not specific parcel) as a "Rural /Mixed Use Case 10- 014 - /Staff Report Page 1 of 7 P & Z: March 17, 2010 Commercial /Residential" node in the proposed Future Land Use Section (Chp 11 pg 76). 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Chapter 17.95RNC — RURAL NEIGHBORHOOD COMMERCIAL DISTRICT 17.95.010 Description and intent. The RNC rural neighborhood commercial zoning district is intended to be applied in areas where public sewer and water service is not available. The rural neighborhood commercial zoning district is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and limited opportunities to support the tourist industry. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or large volumes of traffic. It is intended to be compactly designed. Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers. Such consolidation may also economically provide for the appropriate screening and /or landscaping buffers needed to protect property values in adjacent residential areas. [Ord. 92 -13 §3, 1992. Formerly §17.22.010]. 17.95.020 Permitted principal uses and structures. The following land uses and activities are permitted in the rural neighborhood commercial district: A. Animal hospitals, veterinary clinics, and boarding kennels; B. Automobile service stations; C. Bed and breakfasts /motels; D. Churches; E. Commercial recreation facilities (e.g., racquetball courts, health clubs, ice rinks, etc.); F. Community halls and assembly areas; G. Parks and playgrounds; H. Restaurants and bars; I. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); Case 10- 014 - /Staff Report Page 2 of 7 P & Z: March 17, 2010 Public Hearing Item VI -A J. Schools /daycare facilities; K. A single - family dwelling if located on a lot with a structure containing a permitted business use; L. Warehouses; M. Vacation homes; N. Bed and breakfasts; and 0. Motels. [Ord. FY2007 -08 -0 §12, 2006; Ord. 92 -13 §3, 1992. Formerly §17.22.020]. 17.95.030 Permitted accessory uses and structures. A. Accessory buildings. [Ord. 92 -13 §3, 1992. Formerly §17.22.030]. 17.95.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); and B. Utility and service uses (e.g., substations). [Ord. 92 -13 §3, 1992. Formerly §17.22.040]. 17.95.050 Minimum lot area and width requirements. There is a minimum lot area requirement of two acres and a minimum width requirement of 180 feet. [Ord. 2001 -08 §2, 2001; Ord. 92 -13 §3, 1992. Formerly §17.22.050]. 17.95.060 Maximum lot coverage for structures. There is no maximum lot coverage requirement. [Ord. 92 -13 §3, 1992. Formerly §17.22.060]. 17.95.070 Maximum height of structures. The maximum height limit for structures in this district is 35 feet. [Ord. 92 -13 §3, 1992. Formerly §17.22.070]. 17.95.080 Setbacks from property lines. A. There is a required front yard setback of 25 feet; B. There is a required side setback of 15 feet; and C. There is a required rear setback of 20 feet. [Ord. 92 -13 §3, 1992. Formerly §17.22.080]. 17.95.090 Special district regulations. Corner lots are the preferred location for properties in this zoning district, especially those lots which front on arterial or collector streets, and which have adequate frontage for driveway separation from an intersection. [Ord. 92 -13 §3, 1992. Formerly §17.22.090]. 17.95.100 Performance standards. All permitted and conditional uses shall comply with the performance standards listed in this section. A. Groundcover. All areas not devoted to buildings, structures, surfaced drives, walks or parking areas shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to minimize dust, erosion and sedimentation. B. Lighting. Any lighting uses for advertising, display, or security purposes shall not produce glare on a public highway or neighboring residential property. C. Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission. [Ord. 2001 -08 §2, 2001; Ord. 92 -13 §3, 1992. Formerly §17.22.1001. 17.95.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in Chapter 17.140 KIBC. [Ord. 92 -13 §3, 1992. Formerly §17.22.1101. COASTAL MANAGEMENT APPLICABLE POLICIES Public Hearing Item VI -A 4.4 Enforceable Policies B. Coastal Development POLICY B -1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Case 10- 014 - /Staff Report Page 3 of 7 P & Z: March 17, 2010 Cons** b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consilit tie b, : tt18sp The project - location is'trot=.adjaceintto or within carastal-waters. POLICY B -3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Cansirtt r t VOL: The project location Is not adjacent to or within coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. location ia; notadtacent to or within coastal. waters. C. Natural Hazards POLICY C -1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Ifteitirofictfocatiort iss not116cetsd in a designated it hai rd area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Public Hearing Item VI -A will not involve the placement of strtlttures; "dredge; or flit material to location is not located in a steep :slope<aneo or identified as wifhirtan • D. Coastal Habitats and Resources POLICY D -5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. COWS* , - ,Yeas. The project doeS not involve a wind generation project. b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. ins046**-rt The projectidoes';not involve the development or to Olorr.otalt et l> liter H. Recreation POLICY H -1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, Case 10- 014 - /Staff Report Page 4 of 7 P & Z: March 17, 2010 constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency ' Yom, y he�pr a ct wIll be located on private land, that Is not subject to recreational es`:on alp establiihed permit only basis. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Ccnsiste `Yes. { The'Prited Is not located on or near a inter c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consisten rift e o is np an area si cally identl led °orxese for' recreational` u11 d � :250(c). I. Archaeological and Historic Resources POLICY 1 -1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consist ..t project Wadi:A i8± not located In an area ide tlflett as a Mato :or,Ptehlstoric aria. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Conslste t T "- t lotion le not located In an: area Identified as a historic or prehistoric rea. POLICY 1 -2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Case 10- 014 - /Staff Report of ap ipro val ma be i n d uct e d With th pp i �tio a ag ma nt a a re p p 'c, prehlatoric " archeologicif Im of located in an a -';` ntlfled for thee t t. e�in arstanding e history` under l 14:250(1). Page 5 of 7 Public Hearing Item VI -A P & Z: March 17, 2010 Case 10- 014 - /Staff Report STAFF COMMENTS Conformance with the Comprehensive Plan: The subject parcel has a long historical use as a restaurant / bar / lounge facility. It operated for many years burdened with the non - conforming use categorization following the application of the C - Conservation Zoning District in this area. The Kodiak Island Borough 2008 Comprehensive Plan Update identifies this particular area (if not specific parcel) as a "Rural /Mixed Use Commercial /Residential" node in the proposed Future Land Use Section (Chp 11 pg 76). From Chapter 11 Page77; "Several mixed use commercial /residential nodes would provide opportunities for small -scale commercial businesses. Only a portion of any mixed commercial /residential use area would be expected to be developed for commercial use (e.g., 40% or less). These areas would be intended for small local businesses to serve the Chiniak area and small scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. Large -scale businesses would be discouraged or prohibited through local zoning regulations." Zoninq /use: The requested rezoning to Rural Neighborhood Commercial would allow the property owner to re- establish the historical use, and to offer new amenities and expanded services catering to the growing recreation / tourist segment of our local economy. Land Suitability: With 3.75 acres of total lot area, the parcel easily exceeds the zoning district minimum of 2 acres. Sloping gently from front (Chiniak Hwy) to rear, the parcel is well drained and should present few problems from a development perspective. Careful placement of new improvements should afford views for the enjoyment of guests and preserve and protect the night sky scene for adjoining residential owners. Recent Development trends in the area: No notable development trends have been identified as a result of recent investment activities. A slow but steady progression of small -scale investments catering to tourists, i.e., bed & breakfast operations, continues. Traffic impacts: Re- establishing the historical use may result in a slight increase in daytime weekend traffic if the local Kodiak population again perceives the revived accommodations as a daytrip destination. However, overall, minimal traffic impacts are expected as a result of an approved rezone. RECOMMENDATION Public Hearing Item VI -A Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved Page 6 of 7 P & Z: March 17, 2010 CONDITION OF APPROVAL 1. None FINDINGS OF FACT APPROPRIATE MOTION Public Hearing Item VI -A Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 11A, U.S. Survey 3474 from C- Conservation t4 RNC- Rural Neighborhood Commercial, subject to no conditions of approval, and to adopt the "Findings of Fact" in the staff report dated February 12, 2010 in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezoning of Lot 11A from C - Conservation Zoning District to Rural Neighborhood Commercial would allow the property owner to re- establish a historical use as a permitted use within the existing structure of the zoning code. The rezoning of Lot 11A from C - Conservation Zoning District to Rural Neighborhood Commercial would allow the property owner to expand amenities and services, unencumbered by a "non- conforming" zoning designation. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezoning of Lot 11A from C - Conservation Zoning District to Rural Neighborhood Commercial would serve to implement the objectives of the 2008 Comprehensive Plan Update of the Kodiak Island Borough relating to the Chiniak community profile. Case 10- 014 - /Staff Report Page 7 of 7 P & Z: March 17, 2010 This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department prior to the meeting. Comments must be received by March 4, 2010 to be considered in the staff report. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. 4 10 . ) 0...12.? Name: I Q 74/1/7rt Mailing Address: 71) 5�U JtaJt Y our i Your description: 11 ! 1 5 5' / Lf+ 27 "Zrenb"`�' A A ) property Comments: 7h/.s ewe,/ h44 he useol 4 "9 4 re 6/%4 f-4441 l#7,9 h ' U 0 / >Lk La S-e A0 e 1? 4. --1- eMGi.4.44,-4'0 1 �1 air► Vile_ - can *0 eV e— .v ,4 , C y L . /5 Zee al tCe-ve -le, I. 1-7 tts P . LIAR - 4 2010 ' COMMUNITY DEYELOrMtNI ut'AHiMENI KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mi11 Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 10 -014 Norman & Janice Botz A rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation 14 RNC -Rural Neighborhood Commercial. 43844 Chiniak Highway C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department prior to the meeting. Comments must be received by March 4, 2010 to be considered in the staff report. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. t� Your Name: J H /� f A/ / 1 / C. c EL Mailing Address: A 5 6 0 7 (� Your property description: tor 1 1... At �'} 2- C ho/ ,e- tt 7 cc. Comments: TY/ S , O /V C / S CO" 57 s 757')7 G.f (77 ( S «rte- -T 770 5 �� 0 A) E / -r- (,✓4 s #9 Li_ , - om S M-' T ,-, c t ", (7-- 4 ( 6' �9 si"- S,) " � >'•E -/N 0 1 t I A} ( C G- c CA-- eAi , ,..7i/t ECEOdc 6 _ MAR - 4 2010 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 10-014 APPLICANT: Norman & Janice Botz Public Hearing Item VI -A A rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation 1S2 RNC -Rural Neighborhood Commercial. 43844 Chiniak Highway C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a Letter to the Community Development Department prior to the meeting. Comments must be received by March 4, 2010 to be considered in the staff report. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. /� ++ �`.` < i' Your Name: iktV l ft. (Ad( ( Mailing Address: T�1 552q K iA Your property description: 377O Gh ► V ak 4 w y Comments: W e kai'e klnowvt Norim + Z"ain ice 130t2 -For 3c, y ears . - i - I4e. are Hard we ri(.q avid arc a.t ctssef + -N^e Cony M ont •1 VJ e- siir porgy -14tet4 CIA -E-1e 1-ezoNte r-ere9t . n r , , LL 1i Nj1yD Mi nrDEPARlr: ;E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A 10 Norman & Janice Botz A rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation RNC -Rural Neighborhood Commercial. 43844 Chiniak Highway C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department prior to the meeting. Comments must be received by March 4, 2010 to be considered in the staff report. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, March 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name :.' /e/Y 1'y ,,/ldl -47W `!/GYIe, Mailing Address:0 r�/f //lf.9X Your property description: , .....2/744,1 6 * d( $4.''y Comments: kfziwf. 't�9en9 fia -ee �'6Gdle ie _6,7, _640,7' ,7' ... /,00.-- /„2 6/egs. & e. �, / out 9 p 7 Liee %2e, 4 .rs i _f--f.., i,A t v�L ,-L Li _vo// /!or: "� `� Cr At /0, 116 ,� ' ffu/r' --1 /i• elt.- /tOrLi •tirfr.,r v.. ig.Lr .c24 0G ` t ��✓ ,-errn e'if e fil lji G ,.,Le...z b1.f <t•Q%l".t,/�ft.�/ '/4:?7 , _ 1€ '7117# , _ ..UJL 47.Z/C-. ....i- /„ _'• - _// .i/ "dr/ L ei // !e-1 _ / /. /ri__.- /.- 'i 4 i -.0 •. � , ..„,±../. . i / i .e..,, _ _ / -,....__..,,k ."...c..... 4 • # t {/- e -.. /,' ' -4- ., ile'r / _./1 COMMUNITY DtWilfilligdVfielitiklatldlj be held on Wednesday, March 17, 2010. The meeting will begin at 7:30 p.iu. in tl,v Buiuugl Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH NITY DEVELOPMENT DEPARTMENT 710 Mi11 Bay Road, Kodiak, Alaska 99615 BLIC HEARING NOTICE Public Hearing Item VI -A 10 -014 Norman & Janice Botz A rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation to RNC -Rural Neighborhood Commercial. 43844 Chiniak Highway C- Conservation PUBLIC HEARINGS A) Case 10 -014. Request a rezone investigation, according to KIBC 17.205.030.0 (Amendments and Changes), to consider a change of zoning for Lot 11A, U.S. Survey 3474 from C- Conservation RNC -Rural Neighborhood Commercial. The applicants are Norman & Janice Botz and the zoning is C- Conservation. Cassidy stated this is a request for a rezone from Conservation to Rural Neighborhood Commercial. This effort seeks to reestablish the Road's End Restaurant and Bar. It's sort of a historic and grandfathered use and it's also called a non conforming use and when a non conforming use ceases to exist for a year it loses its grandfather rights, it loses it non conforming status so Mr. Botz has requested a rezone from a residential area to a commercial use that is consistent with the Comp Plan for the Chiniak area and because of that staff is recommending approval. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 11A, U.S. Survey 3474 from C- Conservation RNC -Rural Neighborhood Commercial, subject to no conditions of approval, and to adopt the "Findings of Fact" in the staff report dated February 12, 2010 in support of this recommendation. The public hearing was opened and closed: There was no public testimony given. Brief discussion FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment, The rezoning of Lot 11A from C - Conservation Zoning District 14 Rural Neighborhood Commercial would allow the property owner to re- establish a historical use as a permitted use within the existing structure of the zoning code. The rezoning of Lot 11A from C - Conservation Zoning District to Rural Neighborhood Commercial would allow the property owner to expand amenities and services, unencumbered by a "non- conforming" zoning designation. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan, The rezoning of Lot 11A from C - Conservation Zoning District 14 Rural Neighborhood Commercial would serve to implement the objectives of the 2008 Comprehensive Plan Update of the Kodiak Island Borough relating to the Chiniak community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY e 10 -015. Request a rezone investigation, according to KIBC 17.20 i .B (Ame . ents and Changes), to consider the development of new zo ' standards, either by a : • ing an existing zoning district or deve • . ' 1g a new zoning classification, for p ' le application to a 67,763 area generally located around Karluk Lake and in ' rluk River dr • ' • ge and which may be referred to as Interim Conveyance No. 117 un ' aska Native Claim Settlement Act, case file No. AA- 6677 -A, recorded . ook , ' age 875, et seq., Kodiak Recording District. The applicants the Planning & Zo Commission. The location is generally locate • • and Karluk Lake and in the Kar : 'ver Drainage and the zoning is • nservation. 3/17/2010 P &Z Minutes Page 3 of 8 TITLE: SUMMARY: FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 1, 2010 REGULAR MEETING Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. The Prince William Sound Regional Citizens' Advisory Council has requested that the Borough appoint a representative to the Board of Directors prior to the PWSRCAC's annual meeting in May 2010. This individual would have the opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. Currently, Mr. Al Burch serves on the PWSRCAC Board of Directors and has indicated his desire for reappointment to a two -year term to expire May 2012. 4 l ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Mr. Al Burch to the Prince William Sound Regional Citizens' Advisory Council for a two -year term to expire May 2012. City of Cordova City of Horner Cify of Kodiak City of Seldovia City of Seward City of Valdez City of Whittier Kenai Peninsula Borough Kodiak Island Borough oil Spill Region Environmental Coalition Prince William Sound Aquaculture Corporation Regional Citizens' Advisory Council / "Citizens promoting environmentally safe operation of the A/y .ska terminal and associated tankers." MEMBERS Alaska State Chamber of Commerce Community of Chenega Bay Community of Tatitlek Printed on Recycled Paper In Anchorage: In Valdez: February 19, 2010 Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Alaska Wilderness Dear Mr. Gifford: kecrection & Tourism Association The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is Triting to advise you that Al Burch's term on our Board of Directors expires at our May 6-7, 2010, Chugach Alaska annual meeting in Valdez. Corporation Please notify us in writing, no later than April 5, 2009, of your selected individual for the rd ,a r t a Kodiak Island Borough's next two -year term on the PWSRCAC board. This individual will Fishermen United then be expected to attend our May 6-7, 2010, meeting for confirmation. If Al Burch will continue to be your representative, we ask that you still notify PWSRCAC in writing. If you have further questions about the PWSRCAC or the responsibilities of its directors, please don't hesitate to call. Thank you for your cooperation, and we look forward to the Kodiak Island Borough's continued valuable contribution. Sincerely, Kodiak Village Mayors Association The dedicated seat for the Kodiak Island Boroughis its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. We greatly value your participation. Kodiak Island Borough would best be served by a representative who: • understands her/his community, its needs, concerns and perspectives; • has a rudimentary familiarity with oil transportation issues; • has a home and work schedule flexible enough to allow travel; • is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • seeks opportunities to foster cooperative relationships with citizens, industry and regulatory agencies. A PWSRCAC director can expect to devote an average of 10 hours a month on PWSRCAC A business. The full Board conducts three 2-day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. ; fie i . fer Fleming Executive As is nt Cc: Al Burch 3709 Spenard Road / Suite 100 r' Anchorage, Alaska a 99503 ! (907) 277-7222 / FAX (907) 277 -4523 P.O. Box 3069 /130 South Meals/Suite 202 /Valdez, Aiaska 99686 / (907) 834 -5000 / FAX (907) 835-5926 TITLE: Declaring a Seat on the Solid Waste Advisory Board Vacant. SUMMARY: Ms. Marion Owen submitted a letter of resignation from the Solid Waste Advisory Board on March 18, 2010, for a term to expire December 2010. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Marion Owen from the Solid Waste Advisory Board for a term to expire December 2010, and direct the Borough Clerk to advertise the vacancy per Borough Code. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 1, 2010 REGULAR MEETING 1,e4 ,4 ITEM NO: 13.D.2 March 17, 2010 TO: Borough Manager Rick Gifford, Mayor Jerome Selby & Kodiak Island Borough Assembly Members Re: Dissolving the Solid Waste Advisory Board and resignation from SWAB Dear Mr. Gifford, Mr. Selby and Assembly Members, With the new solid waste collection contract and changes to Borough code nearly complete, I believe the time is right to dissolve the Solid Waste Advisory Board (SWAB). On one level, SWAB fulfilled its primary purpose of assisting in establishing a solid waste management plan, which the Assembly approved in August 2008. On another, less visible, but more critical level, I feel SWAB should be dissolved because it lacks a rudder and direction, and thus is very dysfunctional. You only have to attend a couple SWAB meetings to see how they become mired in minutia and captiousness, all the while haggling over Robert's Rules and the Open Meetings Act. As one observer put it, "SWAB is an abomination and totally ineffective." If wishes were horses, SWAB would be replaced by a more casual "Citizen Waste Reduction Group.' These Garbage Cheerleaders would be comprised of volunteers - -not appointees - -who are creative thinkers and sincerely dedicated to the reduction of material in the waste stream in a "big picture" effort to beautify Kodiak and improve our community's quality of life. As for education and outreach, the Borough needs to be more proactive in bringing residents and businesses up to speed regarding solid waste management. The public outcry that occurred over the past few months was not unexpected and could have been mitigated had there been a public relations (PR) strategy in place, with implementation starting 12 months ago. Therefore, it is appropriate that the new enforcement position be charged with the responsibility of education and outreach, as should Borough staff and Alaska Waste. Ask any community such as Seattle (which operates world class solid waste programs) what the number one prerequisite for implementing changes and they'll tell you: Education and public relations on a multi - pronged, continuous effort. Without it, you end up with confusion, skepticism, fear and defiance. In closing, I am submitting my resignation from the Solid Waste Advisory Board, effective immediately. Respectfully yours, Marion Owen ACTION ITEMS: APPROVED: PRESENTED: PRESENTED: PRESENTED: PRESENTED: PRESENTED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — February 22, 2010 SUMMARY Motion to approve the agenda and consent agenda to include: *Approval of Minutes Regular Meeting Minutes of January 25, 2010 and Special Meeting Minutes of February 15, 2010 * FY 10 Title 1 School Improvement 1003(a) Grant Award in the amount of $10,073 * FY 10 NCLB Integrated Program Grant Award in the amount of $1,484,839 *Purchase Order Number 90051633, Association of Alaska School Boards in the amount of $15,845 *Approval of the Request to Bid 2010/2011 Supplies and Services *Approval of Revision to 2009/2010 BOE Committee Appointments Dan Canavan of Special Olympics Alaska - Kodiak Community, presented a Certificate of Recognition to members of the Kodiak High School Culinary Arts Program. Tom Quass of the Kodiak Arts Council presented a Spirit of Youth certificate to The Kodiak Island Drummers. School Board President Norm Wooten presented certificates of appreciation to School Board Pages Tracy Gatter, a North Star Elementary School fifth grade student, and Jacob Alwert, an East Elementary fifth grade student. School Board President Norm Wooten presented certificates of appreciation to Main Elementary School Volunteers of the Month Jennifer Doerksen and Matt Perez and to Ouzinkie School Volunteer of the Month Naphathai Bowden. Main Elementary Principal Nancy Moon accepted the certificate of appreciation on behalf of Matt Perez. Assistant Superintendent Ron Fried presented the 2009/2010 Inclusive Practice Award given by the Governor's Council on Disabilities to Peterson Elementary Autism Teacher Adrienna Holden. Kodiak Island Borough School District Board of Education Regular Meeting — February 22, 2010 SUMMARY Page 2 PUBLIC HEARING: School Board President Norm Wooten closed the Regular Meeting and opened a Public Hearing to allow for comments from members of the community regarding the FY 11 Budget. Two community members spoke about the budget during Community Comments. PUBLIC HEARING: School Board President Norm Wooten closed the Regular Meeting and opened a Public Hearing to allow for comments from members of the community regarding the new Kodiak Island Borough School District School Board Policy Manual. No comments were given. ADOPTED: Motion to adopt the new Kodiak Island Borough School District School Board Policy Manual as presented in the second reading. APPROVED: APPROVED: APPROVED: APPROVED: Motion to acknowledge receipt of the December 2009 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $16,621,550 and year -to -date general fund expenditures in the amount of $14,162,065. APPROVED: Motion to approve a surplus property disposal sale. Motion to allow student T.J. to enroll at the Learning Center to complete the requirements for a high school diploma and to waive tuition. Motion to approve purchase requisition number 00022652 to Lindamood- Bell in the amount of $11,303.10 for special education teacher training. Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. ACTION ITEMS: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — February 15, 2010 SUMMARY Motion to approve the New Visions Grant Intent to Apply and to accept the New Visions Grant Award in the amount of $10,000 to enhance art education. APPROVED: Motion to approve purchase requisition number 00022607 to General Communications, Inc. in the amount of $177,264 for FY 11 Kodiak area wide internet bandwidth for the period of July 1, 2010 to June 30, 2011. APPROVED: Motion to approve purchase requisition number 00022608 to General Communications, Inc. in the amount of $840,312 for FY 11 Kodiak Island rural schools internet bandwidth for the period of July 1, 2010 to June 30, 2011. APPROVED: Motion to approve purchase requisition number 00022609 to General Communications, Inc. in the amount of $140,052 for FY11 Danger Bay School internet bandwidth for the period of July 1, 2010 to June 30, 2011. APPROVED: Motion to enter into Executive Session to discuss legal matters and to include Superintendent Stewart McDonald, Assistant Superintendent Ron Fried and Director of Finance Luke Fulp. APPROVED: Motion to adjourn. ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — March 8, 2010 SUMMARY APPROVED: Motion to approve out -of -state student travel and to include purchase requisition number 00022665 to the Close Up Foundation in the amount of $29,070. APPROVED: Motion to approve purchase requisition number 090051226 to Human Resource Centers of Alaska in the amount of $75,000 to subsidize wages for student employees. APPROVED: Motion to approve a certificated contract for the remainder of the 2009/2010 school year to Matthew "Emil" West — MA +O /0 in the amount of $13,728 for 1.0 FTE Language Arts teacher at Kodiak High School for 56 days. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: (A-11 1,90 ( 0 Please PRINT your name Please PRINT your name /ef �e)`� 4 i SV ■'06 - W5 7,14'` s, a Kodiak Island Borough Assembly Regular Meeting Guidelines April 1, 2010, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... 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. Recommended motion: Move to excuse Assembly member Friend who is absent due to personal leave. VOICE VOTE ON MOTION. 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. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting minutes of February 18, 2010, and March 4, 2010. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. *Declaring a Seat on the Solid Waste Advisory Board Vacant. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting minutes of February 18, 2010, and March 4, 2010. 6. AWARDS AND PRESENTATIONS A. Student of the Month — Mayor Selby • March 2010 - Kayla Christensen, Junior at Old Harbor School. B. Child Abuse Prevention Proclamation — Mayor Selby C. Sexual Assault Awareness Proclamation — Mayor Selby D. Kodiak Beautification Awards — Mayor Selby This is the second year for the Kodiak Beautification Awards sponsored by Spenard Builders Supply and recognized by the Kodiak Island Borough. These awards will be given out each year to recognize an individual, a residence, and a business that has significantly contributed to beautifying the Kodiak Island Borough. The individual award was presented on March 4, 2010. Kodiak Island Borough Assembly Guidelines April 1, 2010 Page 1 The residence award goes to Lee Robbins and Kim Swaneveld at 208 Rezanof Drive. Kim and Lee transformed this neglected piece of property into a beautiful home and bed and breakfast, which has become an asset to the community and to the visitors' industry. Their work required removing junk vehicles, truckloads of debris, applying a new roof, siding, doors, windows, and a complete overhaul to the interior. They also employed the objectives of "reduce, reuse, and recycle" by using many construction materials found on site. The business beautification award goes to Ben and Hazel Ardinger, Owners of Ardinger's Fine Furnishings and Gifts for their efforts in remodeling and expanding their property at 1710 Mill Bay Road. Leaders in the community, the Ardingers' 1,800 square foot expansion is a beautiful addition to the business community and to Mill Bay Road; an important business artery in the Kodiak Island Borough. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Instituting a New Chapter 8.25 Solid Waste and Collection and Disposal Section 8.25.10 to Section 8.25.240. Recommended motion: Move to adopt Ordinance No. FY2010 -07. Clerk's Note: Attached on MN paper is page 8 of 19 of the substituted copy of Ordinance No. FY2010 -07. Copies have been made available to the public. Staff Report — Administrative Official Cassidy Recommended motion: Move to amend Ordinance No. FY2010 -07 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. Open public hearing. Read phone numbers: Local is 486 -3231 and toll free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines April 1, 2010 Page 2 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. FY2010 -30 Solid Waste Collection Contract. THE MOTION THAT IS BEFORE THE ASSEMBLY IS: Move to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2010 -30 Approving a Sublease of a Mobile Home as a Caretaker's Unit by the Kodiak Island Sportsman's Association (KISA) on Tract B Within Lot 1, U.S. Survey 2539 Adjacent to the Salonie Creek Rifle Range. Recommended motion: Move to adopt Resolution No. FY2010 -30. Staff report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2010 -08 Rezoning Lot 11A, U.S. Survey 3474 From C- Conservation To RNC -Rural Neighborhood Commercial. Recommended motion: Move to adopt Ordinance No. FY2010 -08 in first reading to advance to public hearing at the next regular Assembly meeting. Staff report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 1, 2010 Page 3 D. Other Items 1. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. 2. *Declaring a Seat on the Solid Waste Advisory Board Vacant. 14. EXECUTIVE SESSION A. Review of the Respondents to the Legal Service Request for Proposals. Recommended motion: Move to convene into executive session to review respondents to the Legal Service RFP which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person (firm). Please invite the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. 15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 16. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly and the Kodiak Island Borough School District Board will meet in a Joint Work Session on Tuesday, April 6, 2010, at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session will be held on Thursday, April 8, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, April 15, 2010, at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 1, 2010 Page 4 BY: SECOND: (() BY: irGkn ; SECOND: \i ,,\I BY: 1) SECOND: Q oke: U ' i I d ' BY: SECOND: p, Oa- IA 9.04‘) BY: anfil SECOND: ' d ! 1 1 d YES NO YES NO YES NO YES NO YES NO Ms. Branson / Ms. Branson Ms. Branson Ms. Branson Ir Ms. Branson 1 Mr. Friend ✓ Mr Friend Mr. Friend M Ms. Fulp V Ms. Fulp Ms. Fulp Ms. Fulp j Ms. Fulp V Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Kaplan / Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan V' Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes V TOTAL: TOTAL: 1 I TOTAL: TOTAL: I TOTAL: (g. 0 The mayor may not to except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular / Special 9 P Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: fF1(o Adjourned: BY: SECOND: / i Lj i 0 vp 4c4) I 4.(1- , 'P '4 BY: S SECOND: ' \ \( 1 0 e 0c\\/ BY: SECOND: eg\j'915 I BY: �' ` ,I SECONDSTIL ''' FtSrif pri4- izi YES NO YES NO YES NO YES NO YES NO Ms. Branson Ms. Branson Ms. Branson ✓ Ms. Branson ✓ Ms. Branson ✓ u. Crienrl 1 Friond Mr. rficnd Ms. Fulp Ms. Fulp Ms. Fulp ✓ Ms. Fulp Ms. Fulp Ms. Jeffrey I` Ms. Jeffrey Ms. Jeffrey 4 / Ms. Jeffrey Ms. Jeffrey V Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan* ✓ Mr. Kaplan V i Ms. Lynch Ms. Lynch Ms. Lynch V Ms. Lynch / Ms. Lynch et Ms. Stutes ✓ Ms. Stutes Ms. Stutes V Ms. Stutes V Ms. Stutes TOTAL: TOTAL: TOTAL: D ( TOTAL: TOTAL: la 0 The mayor may no vote except in the case where only six members of the assembly are present and there is a three /thr a tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby V Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET p Regular ✓ Special Date: 1 I L O1O Convened: Adjourned: Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 9iQ,c • '` Date: U l .� I lAib f ' djourned: j '410 ‚'' BY: ?)fookca' SECOND: o Ms. Branson rie Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES NO ■/ O frM SECOND: tifalW BY: Ms. Bransork Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch TOTAL: Mayor Selby YES 7 NO Mr. Friend 0 Ms. Branson Ms. Fulp r Ms. Jeffrey Mr. Kaplan Ms. Lynch TOTAL: Mayor Selby YES Mr. rien la NO SECOND: BY: °W A% Ms. Branson Ms. Fulp Ms. Jeffrey de Mr. Kaplan Ms. Lynch Ms. Stutes , / Ms. Stutes Ms. Stutes TOTAL: Mayor Selby YES NO BY: SECOND: Ms. Branson Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby YES NO The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly.