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2012-03-01 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 1, 2012, 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 Meeting Minutes of January 19 and February 2, 2012. 6. AWARDS AND PRESENTATIONS A. National Women's History Month Proclamation B. Student of the Month for March 2012 C. Employee of the Year 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts - None. B. Resolutions 1. Resolution No. FY2012 -24 Supporting Senate Bill SB155 and House Bill HB279 Extending the Termination Dates of the Alaska Seismic Hazards Safety Commission. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2012 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From I- Industrial To LI -Light Industrial (P &Z Case 12 -027). D. Other Items 1. *Confirmation of the Assembly Appointment to the Board of Equalization. 2. *Confirmation of Assembly Appointment to the Personnel Advisory Board. 3. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. 4. Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Regular Meeting of October 18, 2011. 2. Parks and Recreation Committee Regular Meeting of December 13, 2011. 3. Project Advisory Committee Meeting of December 6, 2011. B. Reports 1. Kodiak Island Borough December 2011 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of January 23, 2012 and Special Meeting Summary of February 6, 2012. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting January 19, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 19, 2012, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of December 15, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter Award to Martha Barnett, Interpretive Specialist /Receptionist at the Kodiak Fisheries Research Center. Manager Gifford presented a Fifteen -Year Longevity Award to Meagan Christiansen, Grant Writer /Special Projects Support in the Manager's Office. Mayor Selby proclaimed January 2012 as National Stalking Awareness Month and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CITIZENS' COMMENTS Stacy Studebaker and Scott Bonney spoke in support of Resolution No. FY2012 -20. Karl Potts, representing Leisnoi, Inc., spoke against Resolution No. FY2012 -20. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1 of 7 Erik O'Brien spoke in support of the Borough participating in a project to investigate a Fisheries Market Design through the Southwest Alaska Municipal Conference. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2012 -15 Amending the Kodiak Island Borough Code of Ordinances Title 17 Zoning Section 17.10.030 Comprehensive Plan to Incorporate the Kodiak Road System Trails Master Plan (P &Z Case 12 -015). KAPLAN moved to adopt Ordinance No. FY2012 -15. This action codified the Trails Road System Master Plan as one of the adopted policy documents of the Borough. The goal of the master plan was to identify existing and potential trail corridors that led to recreational lands. The plan identified the need to protect and maintain existing trails and construct new trails that could be utilized by a wide array of users and by various means of motorized and non - motorized travel. Development of this plan was listed in numerous Assembly Strategic Plans. A number of public hearings occurred before the Parks and Recreation Committee and the Planning and Zoning Commission who recommended approval of the plan. Community Development Director Cassidy provided information about the Parks and Recreation Committee and Planning and Zoning Commission process. Mayor Selby opened the public hearing. Mike Sirofchuck, Pam Foreman, and Patrick Saltonstall spoke in support of Ordinance No. FY2012- 15. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2012 -01B Amending Ordinance No. FY2012 -01 to Appropriate Funds in Support of the Alaska Coastal Management Program Initiative. KAPLAN moved to adopt Ordinance No. FY2012 -01 B. Resolution No. FY2012 -15 was adopted by the Assembly on January 5, 2012, which supported the Alaska Coastal Management Program Initiative promoted by the Alaska Sea Party; and the petition drive needed financial support in order to get to all of the districts to gather signatures. AS 15.13.145 states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." Upon adoption of the Ordinance, the Manager was authorized to issue a check in the amount of $1,000 to the Alaska Sea Party. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 2 of 7 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Friend, Kaplan, Lynch, Stutes, and Bonney (Ayes); Stephens (No). 3. State of Alaska Alcoholic Beverage Board Liquor License Application for Transfer of Controlling Interest. Licensee /Applicant: CNG Inc. (Patricia Altmeter, President and George Gatter, Vice President). STUTES moved to voice non - protest to the CNG Inc. (Tony's Bar and Liquor Store) Request for Transfer of Controlling Interest. Licensee /Applicant: CNG Inc. (Patricia Altmeter, President and George Gatter, Vice President). The application for liquor license transfer was to transfer a controlling interest or shares of the Corporation that owned Tony's Bar and Liquor Store. Nikkia Atkins, Carl Gatter, and George Gatter retained equal shares of 33.33% each; the transfer would allocate shares of 66% to Patricia Almeter, President and 33% to George Gatter, Vice President. The Clerk's office followed procedures in KIBC 5.01.030 New license and transfer procedure. One hundred ninety -nine notices were mailed out on December 23, 2011. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Friend. 4. Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.10 Building Codes by Adding Section 15.10.180 Hoop Houses and Title 17 Zoning by Amending Sections 17.25.090, 17.50.020, 17.60.020, 17.65.020, 17.65.030, 17.70.020, 17.75.020, 17.80.020, 17.85.020, 17.160.010 to Include Hoop Houses (P &Z Case 12 -025). LYNCH moved to adopt Ordinance No. FY2012 -10. This action would relax existing building and zoning codes to promote growing of fruits and vegetables in a hoop house structure. This ordinance was originally drafted by Assembly member Lynch and was introduced at the regular Assembly meeting of October 20, 2011. It was postponed and referred to the Planning and Zoning Commission for review. The Commission recommended moving this ordinance forward with the changes reflected on the substituted ordinance. The ordinance was also reviewed by the Borough Attorney. A substituted version of Ordinance No. FY2012 -10 was provided. LYNCH moved to amend Ordinance No. FY2012 -10 by substitution. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 3 of 7 ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED FIVE TO ONE: Stutes, Bonney, Friend, Kaplan, and Lynch (Ayes); Stephens (No). LYNCH moved to amend proposed KIBC 15.10.180 Hoop Houses criteria to mirror proposed KIBC 17.25.090(H) Definitions, Nos. 1 -7. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Friend, and Kaplan. FRIEND moved to amend proposed KIBC sections 15.10.180(H) Definitions, No. 7 and 17.25.090(H) Definitions, No. 7 to read "The structure is located no closer than two feet from all property lines." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Heather Johnson, Marie Rice, and Marion Owen spoke in support of Ordinance No. FY2012 -10. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Friend, and Kaplan. BOROUGH MANAGER'S REPORT Manager Gifford reported that Kodiak had experienced three times the average snowfall during the winter months and citizens were urged to keep right -of -way areas cleared for safety reasons and snow removal purposes. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Assembly held its Strategic Plan work session on Tuesday, January 17. He also reported approximately 34,000 signatures in support of the Coastal Management Program Initiative were submitted by the deadline on Tuesday, January 17, and provided additional information regarding the importance of the program. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -18 Establishing Fund Balance and Prioritization Policies as Required by the Government Accounting Standards (GASB) Statement Number 54. STEPHENS moved to adopt Resolution No. FY2012 -18. This resolution was required for the Borough to remain in compliance with GASB. Instead of reporting only one amount for fund balance it separates the fund balance into different categories. These are Kodiak Island Borough Assembly Minutes January 19, 2012 Page 4 of 7 non - spendable fund balance, restricted fund balance, committed fund balance, assigned fund balance, and unassigned fund balance. This resolution also set a spending prioritization policy to spend restricted fund balance first, followed by committed, assigned, and unassigned fund balances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Bonney, Friend, Kaplan, and Lynch. 2. Resolution No. FY2012 -20 Affirming the Planning and Zoning Commission's Recommendation Not to Authorize the Disposal of Borough Land for Logging Purposes (PZC Case 12 -023). STUTES moved to adopt Resolution No. FY2012 -20. A -1 Timber Consultants was the entity harvesting timber on Leisnoi land in Chiniak. The company approached the Borough about gaining access to private timber lands by crossing Borough lands with a temporary road for a period of three years. KIBC 18.20.030 Review by planning commission — Assembly approval required the Planning & Zoning Commission, by resolution, to review the request and make a recommendation to the Assembly. A public hearing was held at the regular Commission meeting of December 21, 2011. The Commission recommended that the Assembly not enter into an agreement that allowed the use of Borough land for timber road purposes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Friend, Kaplan, Lynch, and Stephens. Ordinances for Introduction 1. Ordinance No. FY2012 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.120 Parks and Recreation Committee Section 2.120.010 Committee Created — Duties. KAPLAN moved to adopt Ordinance No. FY2012 -17 in first reading to advance to public hearing at the next regular meeting of the Assembly. The School District Board of Education requested a revision to KIBC 2.120.010 Parks and Recreation Committee to change the School District representation on the Parks and Recreation Committee from a School Board member to a school district staff member. The board felt that the Committee would be better served by staff representation. Upon approval of this revision, Superintendent Stewart McDonald would forward the name of the designated representative. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Kodiak Island.Borough Assembly Minutes January 19, 2012 Page 5 of 7 Other Items 1. Confirmation of the Mayoral Appointments to the Joint Building Code Review Committee. FRIEND moved to confirm the mayoral appointments of Mr. Scott Bonney for a term to expire December 2014 and Mr. Gregg Hacker for a term to expire December 2013 to the Joint Building Code Review Committee. At a joint work session in 1996, the City Council and Borough Assembly voiced a consensus that the composition of the Joint Building Code Review Committee would include one member each from the City Council and Borough Assembly and two members each from the City Building Code Board of Appeals and Borough Architectural Review Board. Assembly member Friend was the current Assembly representative and Mayor Selby asked that the appointments of Mr. Scott Bonney and Mr. Gregg Hacker to this Committee be approved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stephens, Stutes, and Bonney. CITIZENS' COMMENTS Marion Owen thanked the Assembly for adopting Ordinance No. FY2012 -10 and urged the Assembly to consider changing the time of its meetings to begin earlier in the evening. ASSEMBLY MEMBER COMMENTS Assembly member Stephens urged asking GCI to broadcast the Assembly meetings, spoke on inviting individuals to attend work sessions in order to educate the Assembly on important and various fishery issues in Kodiak, and encouraged the Borough to consider reducing the amount of contracts with consultants outside of Alaska. Assembly members Lynch and Kaplan congratulated the Employee of the Quarter and Longevity Awards recipients. Announcements The next Assembly work session would be held on Thursday, January 26 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, February 2 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor and members of the Assembly would be in attendance at the school tours conducted by Superintendent Stewart McDonald, and Assistant Superintendent Marilyn Davidson, and a school board member on the dates of Thursday, January 26, 1 p.m. to 3 p.m. and Tuesday, January 31, 9 a.m. to 11 p.m. ADJOURNMENT LYNCH moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Friend. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 6 of 7 The meeting was adjourned at 9:07 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes January 19, 2012 Page 7 of 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting February 2, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, February 2, 2012, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Manager Rick Gifford, Engineering and Facilities Project Manager Ken Smith, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of January 5, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for the month of February to Shannon Armstrong, a junior at Kodiak High School. Mayor Selby proclaimed February 2012 as National Teen Dating Violence Awareness and Prevention Month. CITIZENS' COMMENTS Jimmy Nq complimented the snowplowing services of MK Construction and encouraged the community to let their appreciation be known for the snow removal efforts. Dave Blacketer, Senior Citizens of Kodiak Board member, thanked the Assembly for its continued support of the Kodiak Senior Center and reported on the services of the Kodiak Area Transit System (KATS). Kodiak Island Borough Assembly Minutes February 2, 2012 Page 1 COMMITTEE REPORTS Assembly member Stephens reported that the initial Kodiak Island Borough school budget was presented to the School Board on Saturday, January 28, 2012. Assembly member Kaplan reported that the Kodiak College Advisory Committee would meet Friday, February 3 at 7 a.m. at the Kodiak College. PUBLIC HEARING 1. Ordinance No. FY2012 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.120 Parks and Recreation Committee, Section 2.120.010 Committee Created — Duties. KAPLAN moved to adopt Ordinance No. FY2012 -17. The School District Board of Education requested a revision to KIBC 2.120.010 Parks and Recreation Committee to change the School District representation on the Parks and Recreation Committee from a School Board member to a school district staff member. The board felt that the Committee would be better served by staff representation. Upon approval of this revision, Superintendent Stewart McDonald would forward the name of the designated representative. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, and Stephens. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Reminded Borough residents about the removal of snow from roadways and trails. • Highlighted legislative actions reported in Lobbyist Mark Hickey's legislative report. • Superintendent McDonald received approval of the variance request from the Department of Education and Early Development for the Kodiak High School renovation project including 70% approval for reimbursement. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby explained the possible State reimbursement process for the Kodiak High School renovation project. He also thanked the contractors working for the service areas through the winter snow challenges. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Minutes February 2, 2012 Page 2 NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -19 Establishing the Date for the Citizens Board of Equalization Hearings for the Year 2012 and Establishing the Date When Taxes Become Delinquent. This item was approved under the consent agenda. KIBC 3.35.050(A.5) stated that the board of equalization would commence hearing on the first Monday in May, unless otherwise changed by resolution. This resolution changed the dates of the BOE to Tuesday, May 1 and Wednesday, May 2. Hearings 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 resolution also reflected the date taxes are due as October 15, 2012, unless the taxpayer elected to pay the taxes in two equal installments, then the first half would be due on August 15, 2012, and the second half would be due on November 15, 2012. 2. Resolution No. FY2012 -21 Adopting the Kodiak Island Borough Strategic Plan for the Years 2012 -2016. AUSTERMAN moved to adopt Resolution No. FY2012 -21. The Assembly held a strategic planning session on January 17, 2012, and the session culminated in the preparation of Resolution No. FY2012 -21. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Austerman. 3. Resolution No. FY2012 -22 Amending Resolution No. FY2006 -16 Authorizing the Kodiak Island Borough to Submit an Application for an Increase in the Amount of a Loan from the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase I and Phase II. FRIEND moved to adopt Resolution No. FY2012 -22. The Borough's current permitted landfill was estimated to reach its capacity in 2014. Expansion of the landfill required meeting new regulations mandated by Alaska Department of Environmental Conservation including construction of an impermeable liner to capture all leachate for processing. To assist with financing the cost of expanding the landfill under current regulations, the Borough applied for a grant from the Alaska Department of Conservation Municipal Matching Grant Program. For further assistance, the Borough could also apply for an amendment to an existing loan via the Alaska Clean Water Fund administered by the Alaska Department of Conservation. The existing loan was a 2006 loan in the amount of $2,612,000; the proposed amendment to the existing loan was an increase of $6,033,000 for a term of up to 20 years at 1.5% interest that resulted in a payment of $351,400 per year. This resolution authorized the Borough to submit an application for an increase in Kodiak Island Borough Assembly Minutes February 2, 2012 Page 3 the amount of the existing loan from the Alaska Clean Water Fund and authorized the Borough Manager to execute any and all documents required for the loan. Engineering /Facilities Director Woody Koning explained the different phases of the landfill expansion project, costs, and funding sources. Assembly member Stephens spoke against Resolution No. FY2012 -22. Assembly member Lynch spoke in support of Resolution No. FY2012 -22. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Friend, Kaplan, Lynch, Austerman, and Bonney (Ayes); Stephens (No). 4. Resolution No. FY2012 -23 Requesting the Alaska State Legislature to Fully Fund the Energy Rebate Program. BONNEY moved to adopt Resolution No. FY2012 -23. Assembly member Friend disclosed a conflict of interest because he worked as a Rater with the Energy Rebate Program locally. Mayor Selby accepted Assembly member Friend's declaration of conflict of interest. To help combat the escalating energy costs, the Alaska Legislature created the Home Energy Rebate program dedicated to making Alaska's homes more energy efficient. The Rebate program helped Alaska residents, especially those in rural areas, save money through lower fuel bills by reducing the need to depend upon foreign oil to generate electricity, heat homes, and fuel vehicles, and also puts money back into the local and statewide economies by creating job opportunities. Rural Alaska residents, already paying some of the highest energy bills in the nation, would benefit in many ways from their own allocated funding stream, separate from that of the road system residents. This resolution was requested by Assembly member Friend. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Austerman, and Bonney. Ordinances for Introduction None. Other Items 1. Confirmation of the Mayoral Appointments to the Solid Waste Advisory Board. KAPLAN moved to confirm the mayoral appointments to the Solid Waste Advisory Board of Mr. Lenny Roberson for a term to expire December 2013 and Mr. Robert Baer for a term to expire December 2014. Kodiak Island Borough Assembly Minutes February 2, 2012 Page 4 There were two vacancies on the Solid Waste Advisory Board with terms expiring 2013 and 2014. The Clerk's office received applications from Mr. Robert Baer, Mr. Gary Rabideau, and Mr. Lenny Roberson. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Friend, and Kaplan. 2. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. FRIEND moved to confirm the Assembly appointment of Mr. Paul Hansen to the Service Area No. 1 Board for a term to expire October 2012. There was one vacant seat on the Service Area No. 1 Board for a term to expire October 2012. The Clerk's office received applications from Mr. Danny Powell and Mr. Paul Hansen for the vacancy and the applications were forwarded to the Service Area No. 1 (SA1) Board for consideration. The SA1 Board met on Wednesday, January 18, 2012, and forwarded its recommendation to appoint Paul Hansen to the vacant seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Friend, Kaplan, and Lynch. 3. Direction to the Manager to Deliver a Letter to the KIB School District Concerning Local Funding for Their FY2013 Budget. BONNEY moved to direct the manager to deliver the letter to the KIB School District. At the direction of the Assembly a letter to the Kodiak Island Borough School District Board was drafted which stated the estimated amount of local funding the Borough could fund the School District for FY2013. Assembly members made suggested changes in the strength of language in the letter and consensus was given by the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, and Stephens. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke to the overrun of costs on different Borough projects and suggested monitoring of budgets. Kodiak Island Borough Assembly Minutes February 2, 2012 Page 5 Assembly member Bonney thanked the Coast Guard for its continued assistance to the fishing fleet. He noted the number of people locally looking for work and those that are out of work. Assembly member Kaplan congratulated the student of the month. Assembly member Austerman congratulated the student of the month, thanked the citizens for their comments, and thanked Assembly member Stephens for his thorough report on the school district budget. Assembly member Lynch thanked those people who were "pushing" the snow, and congratulated the student of the month. Assembly member Friend acknowledged Thomas Kaban and his assistance to a person in need. Announcements The Assembly and the Kodiak Island Borough School District Board would hold a Joint Work Session on Thursday, February 9 at 6:30 p.m. in the Kodiak Fisheries Research Center Main Conference Room. The next Assembly work session would be held on Thursday, February 9 at 7:30 p.m. in the Kodiak Fisheries Research Center Main Conference Room. The next regular meeting was scheduled on Thursday, February 16 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Austerman. The meeting was adjourned at 8:43 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Assembly Minutes February 2, 2012 Page 6 ;t ° = . KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: MARCH 1, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2012 -24 Supporting Senate Bill SB 155 and House Bill HB 279 Extending the Termination Date of the Alaska Seismic Hazards Safety Commission. ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2012 -24; SB 155; Copy of ASHC Annual Report APPROVAL FOR AGENDA: � 2 SUMMARY STATEMENT: The Alaska Seismic Hazards Safey Commission (ASHSC) sunsets at the end of fiscal year 2012. There is legislation before the House and Senate to extend this commission until the end of fiscal year 2016. ASHSC makes recommendations to the governor and legislature on items that will reduce the risk of loss of life and property due to earthquakes and tsunami events. ASHSC provides policies in the areas of school design as well as for private and public construction. It also recommends the need to map faults and areas prone to slumping (liquidfaction) as well as the generation of shake maps identifying areas of ground that are prone to damage due to earthquakes. Kodiak's on -going effort to determine the impact to the community, its economic base, and to its population from the next potentially large earthquake and tsumani event is occuring due to the efforts of the ASHSC. Alaska has more earthquakes than the rest of the U.S. combined. From February though October 2010, Alaska recorded 26,077 earthquakes. Alaska is also one of the more active areas for earthquakes on the planet. Understanding the nature of earthquakes, addressing known vulnerabilities, and being able to respond and recover from these events is the goal of the Commission. RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -24. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by Borough Assembly 3 Drafted by: Community Development Director 4 Introduced on: 03/01/2012 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2012 -24 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY SUPPORTING 11 SENATE BILL SB 155 AND HOUSE BILL HB 279 EXTENDING THE TERMINATION 12 DATE OF THE ALASKA SEISMIC HAZARDS SAFETY COMMISSION 13 14 WHEREAS, Alaska has more earthquakes than any other region in the United States; 15 and 16 17 WHEREAS, Alaska is one of the most seismically active areas of the world; and 18 19 WHEREAS, Kodiak has witnessed a number of damaging earthquakes and tsunami 20 waves in its history; and 21 22 WHEREAS, New and dangerous faults are being discovered in the Kodiak region 23 indicating earthquake and tsunami threats are greater than previously recognized; and 24 25 WHEREAS, The State of Alaska Seismic Hazards Safety Commission (ASHSC) is an 26 advocate in providing public information about how large ground motion events can 27 jeopardized both the built environment and human environment; how the public can be 28 prepared for such events to reduce and eliminate injuries and property damage, and how 29 the community should respond to such catastrophes 30 31 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 32 ISLAND BOROUGH supports Senate Bill 155 and House Bill 279 extending the 33 termination date of the Alaska Seismic Hazards Safety Commission. 34 35 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 36 THIS DAY OF 2012 37 38 KODIAK ISLAND BOROUGH 39 40 41 42 ATTEST: Jerome M. Selby, Borough Mayor 43 44 45 46 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 - Page 1 of 1 27- LS1006\B SENATE BILL NO. 155 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY- SEVENTH LEGISLATURE - SECOND SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE Introduced: 1/17/12 Referred: Labor and Commerce, Finance A BILL FOR AN ACT ENTITLED 1 "An Act extending the termination dates of the Board of Nursing, the Board of Dental 2 Examiners, the Board of Barbers and Hairdressers, the Big Game Commercial Services 3 Board, the Alcoholic Beverage Control Board, and the 'Alaska Seismic Hazards Safety 4 ICommissionl; and providing for an effective date." 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 * Section 1. AS 08.03.010(c)(4) is amended to read: 7 (4) Board of Barbers and Hairdressers (AS 08.13.010) - June 30, 2019 8 [2011]; 9 * Sec. 2. AS 08.03.010(c)(7) is amended to read: 10 (7) Board of Dental Examiners (AS 08.36.010) - June 30, 2019 [2011]; 11 * Sec. 3. AS 08.03.010(c)(9) is amended to read: 12 (9) Big Game Commercial Services Board (AS 08.54.591) - June 30, 13 2016 [2012]; 14 * Sec. 4. AS 08.03.010(c)(13) is amended to read: SB0155A -1- SB 155 New Text Underlined [DELETED TEXT BRACKETED] 27- LS1006\B 1 (13) Board of Nursing (AS 08.68.010) - June 30, 2019 [2011]; 2 * Sec. 5. AS 44.66.010(a)(1) is amended to read: 3 (1) Alcoholic Beverage Control Board (AS 04.06.010) - June 30, 2015 4 [2011]; 5 * Sec. 6. AS 44.66.010(a)(8) is amended to read: 6 (8) 'Alaska Seismic Hazards Safety Commission' (AS 44.37.065) - 7 June 30, 2016 [2012]; 8 * Sec. 7. The uncodificd law of the State of Alaska is amended by adding a new section to 9 read: 10 EXEMPTION FROM AS 44.66.050(e). This Act is exempt from the provision of 11 AS 44.66.050(e) that prohibits a bill from reestablishing more than one board or commission. 12 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 RETROACTIVITY. (a) Sections 1, 2, 4, 5, and 7 of this Act are retroactive to June 30, 15 2011. 16 (b) If this Act takes effect after June 30, 2012, secs. 3 and 6 of this Act are retroactive 17 to June 30, 2012, 18 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c). SB 155 -2- SB0155A New Text Underlined [DELETED TEXT BRACKETED] Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature FEBRUARY 2012 ��Alaska Seismic Hazards Safe Commission tY iuy,001 ALASKA SEISMIC HAZARDS SAFETY COMMISSION } REPORT TO THE GOVERNOR AND LEGISLATURE FEBRUARY 2012 EXECUTIVE SUMMARY This annual report to the Governor and Legislature from the Alaska Seismic Hazards Safety Corn- mission (ASHSC) reiterates the priority issues and goals of the Commission and summarizes its 2011 activities. The report updates the history and status of the Commission, identifies the current mein- ) bership, describes various committee functions, and presents Commission Policy Recommendations to improve seismic safety in Alaska. ) The Federal Emergency Management Agency (FEMA) has estimated in FEMA 366 -HAZUS MH Esti- • } mated Annualized Earthquake Losses in the United States that with the present infrastructure and' policies, Alaska will have the second highest average annualized earthquake -loss ratio (ratio of average losses ) to infrastructure) in the country. Reducing'' these losses requires public commitment to earthquake- ) conscious siting, design, and. construction. The Alaska Seismic Hazards Safety Commission is commit- ) ted to addressing these issues. Earthquake -risk mitigation measures developedhy similar commissions } in other states have prevented hundreds of millions of dollars in losses and significant reductions in casualties when compared to other seismically active areas of the world that do not implement effec- ) tive mitigation measures. ) The Commission operates under the powers and duties prescribed by its enacting legislation (Appen- dix A) and is guided by its Charter (Appendix B) which provides a clear understanding of the Coin- ) mission's roles and expectations, empowers Commission members, and provides operating guidelines agreed to by all members. During the past year the Commission has invited numerous governmental and private organizations to give presentations describing their approaches to seismic risk mitigation. These briefings have provided the members of the Commission with opportunities to gain an understanding of current programs and ) various 'approaches to seismic risk mitigation, identify areas of concern, and to focus initial mitigation efforts in these areas. Most of these briefings are available for viewing on the Commission web site ) ( httn \ \:www.seismic.alaska.coy). The Commission also underwent a "sunset review" by the State of Alaska Legislative Budget and Audit Committee: Suggestions were made to increase the Commission's effectiveness and efficiency and a recommendation was made to extend its termination date to June 30, 2016. The Commission is currently addressing the. LB&A Committee's suggestions including developing a Strategic Plan for its ) future operations. The Commission's efforts in 2011 continue to reinforce its belief that seismic risk mitigation issues can be addressed in an economical way that will insult in improving the quality of life and public safety in Alaska. A major first- quarter effort in 2012 will be completion of the Commission's,Strategic Plan. ) 6 MAJOR ACCOMPLISHMENTS OF THE COMMISSION TO DATE • Collaborated with the Department of Education and Early Development to develop new procedures allowing and encouraging school districts to apply their capital improvement funds to the safety evaluation, prioritization, and rehabilitation of school facilities with highest earthquake risks • Developed eight policy recommendations for consideration by the state administration and legisla- ture to improve seismic safety in future design, construction, and major renovation of public school facilities • Partnered with the Kodiak Island Borough to initiate an earthquake planning scenario of the area, including coordination of involvement by FEMA, U.S. Coast Guard, City of Kodiak, and the private l sector. Results of the scenario, which is currently in progress, will be used as a tool for developing local seismic risk mitigation policies and response plans. • To promote public education on seismic -risk mitigation, members developed a two -day public training course on Post - Earthquake Safety Assessment of Facilities. Approximately 100 people were trained in 2011 and the Commission will continue to offer at least two classes per year. • Assisted the Division of Homeland Security & Emergency Management in revising the seismic haz- ard section of the State Hazard Mitigation Plan for 2010. POLICY RECOMMENDATIONS The Commission presents the following policy recommendations: Policy Recommendation 2010 -1: Given that schools in Alaska serve not only as educational facilities but also as gathering places for the general public, and that many are designated as emergency shelters in case of a natural disaster, the Commission rec- ommends that the State appropriate the resources necessary to identify those school facilities most at risk from earthquakes. Policy Recommendation 2010-2: The Commission recommends that all future school design, construction, and major renovations project funding include monies allotted for seismic risk mitigation tasks to include: • Seismic design by a structural engineer proficient in the design and detailing required for earthquake engineering tasks. • An independent peer review of seismic design calculations and detailing by a qualified structural engi- neer. • On -site observation of as- constructed earthquake engineering details during construction by a qualified inspector to ensure they are constructed in accordance with the contract documents. Policy Recommendation 2011-1: Alaska is the most seismically active State in the union, yet active fault 'locations and characterization are the least understood., Therefore the Commission recommends that the legislature consider means to fund appropri- ate State governmental agencies in their on -going efforts to characterize these faults, Policy Recommendation 2011 -2: Considering that Alaska is the most seismically active state, the safety of Alaska's populace and economy require that the design and construction of infrastructure adequately consider the seismic hazard. Therefore, the Com- mission recommends that applicants for registration as a Professional Engineer practicing civil engineering in Alaska be required to have completed a university level or equivalent course addressing earthquake engineering. 2 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature 6 ) Policy Recommendation 2011-3: Perform FEMA Rapid Visual Screening of Existing Buildings to identify and prioritize all seismically vulnerable State of Alaska owned buildings. Establish a mitigation plan to reduce risk imposed by those buildings, including } structural and nonstructural elements; equipment, and contents. The most essential buildings should be ad- } dressed as the highest priority. Policy Recommendation 2011-4: Given that the Alaska Seismic Hazard Safety Commission (ASHSC) and the Alaska Division of Homeland } Security and Emergency Management are sponsoring training for qualified individuals to serve as volunteer post - earthquake safety evaluators of buildings and infrastructure, the Commission recommends that the State provide relief from liability for qualified and trained volunteers who are assigned by a jurisdiction to serve fol- lowing a damaging earthquake. Policy. Recommendation 2011-5 l There is consensus among the U.S. and western state geological surveys and within the scientific community that the next great devastating earthquake in North American may likely occur in die Pacific Northwest region, ) along the'Cascadia subduction zone or on a shallow Puget Sound fault. While such an earthquake would not likely cause physical damage to Alaska's infrastructure or directly pose a safety hazard to Alas ka's'p it would, however, have a significant effect on Alaska's economy given the importance of the Pacific Northwest re- gion to Alaska's commerce, shipping, oil, exports; fishing and tourism industries, and communications. Therefore, ) the Commission recommends that the appropriate Alaska government agencies investigate patential'impacts and ) develop contingency plans to prepare for and mitigate the possible detrimental effects of a great Pacific Northwest ) earthquake on Alaska. } These, and other, policy recommendations continue to be addressed by the following Commission Stand- ) ing Committees: ) • Insurance • Schools • Earthquake Scenarios • Education and Outreach • Hazards Identification ) • Response and Recovery • Partnership } The 2011 activities of these committees are described in more detail in subsequent paragraphs. • Our basic public- policy goal areas remain unchanged.from the -2010 Commission report: ) • Education • Guidance • Assistance l • Implementation } INTRODUCTION The Alaska Seismic Hazards Safety Commission ( "the Commission ") is charged by statute (AS 44.37.067; Appendix A) to recommend goals and priorities for seismic hazard mitigation to the public and private ) sectors; recommend policies to . the governor and the legislature, including needed research, mapping, and monitoring programs;. review the practices for recovery andreconstruction after a major earthquake; rec- } ommend.improvements to mitigate losses from similar future events; and to gather, analyze, and dissemi- } February 2012 3 } I nate information of general interest on seismic hazard mitigation, among other duties to reduce the state's vulnerability to earthquakes. The Commission consists of eleven members appointed by the Governor from the public and private sectors for three -year terms. It is administered by the Department of Natural Resources, Division of Geological & Geophysical Surveys (DOGS). Commission members include: A representative from the University of Alaska, three representatives from local government; a representative from the Department of Natural Resources; a representative of the Department of Homeland Security and Emergency Management; a representative from an appropriate federal agency; a representative of the insurance industry; and three members of the public who are experts in the fields of geology, seismology, hydrology, geotechnical engineering, structural engineering, emergency services, or planning. Six members constitute a quorum. The Commission membership elects its own chair and vice - chair. There is no executive director, although DOGS provides administtative, travel, and pub- lication support. I HISTORY AND STATUS OF THE COMMISSION In 2002, the 22nd Alaska Legislature passed, and the Governor signed into law, House Bill 53 establishing the Alaska Seismic Hazards Safety Commission with nine members. The legislation originally placed the Commission in the Office of the Governor, but in January 2003, Governor Frank Murkowski issued Execu- ? tive Order Number 105 transferring the Commission to the Department of Natural Resources. Governor Murkowski appointed the first nine members to the Commission in 2005. In 2005, the House of Representatives passed House Bill 83 to extend the Commission to June 30, 2008, add tsunami risks to its purview, and provide two additional Commission positions representing local government. In 2006, the Senate passed a substitute version of HB 83 including the two additional local government positions but omitting specific mention of tsunamis in the Commission's powers and duties. The Senate bill extended the Commission through June 30, 2012. The House concurred with the Senate version and Governor Murkowski signed the bill into law at a Commission meeting on June 16, 2006. Al- though the revised statute does not specifically include tsunami hazards in the Commission's powers and duties, the definitions in AS 44.37.069 include tsunami inundation as a seismic hazard. Consequently the s Commission addresses tsunamis in its discussions and recommendations. As a result of passage of HB 83, the Commission currently has 11 members. The Commission first met on October 28, 2005, at which time it elected a Chair and Vice Chair, listened to briefings from the California Seismic Safety Commission and various state and local agencies in Alaska with responsibilities in earthquake -risk mitigation, and began developing goals and priorities for its activi- ties. There were twelve meetings of the Commission through December 2006, six of which were via tele- conference. Since 2006, the Commission has held eight to ten meetings annually, generally all hut two of which have been via teleconference. The Commission published its first annual report to the governor and legislature on April 18, 2006, and 1 has since published reports annually during the state legislative sessions. A Commission Web site posts basic information about its mission, earthquake risk in Alaska, meeting agendas, minutes, presentations, and appropriate links. The Web site address is httnl /www.seismic.alaska:aov. } } 4 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature Alaska. Seismic Hazards Safety Commission Report to the Governor and State Legislature FEBRUARY 2012 Alaska Seismic Hazards AS` ' gS),� S_ afel Commission 1 � • ALASKA SEISMIC HAZARDS SAFETY COMMISSION REPORT TO THE GOVERNOR AND LEGISLATURE FEBRUARY 2012 EXECUTIVE SUMMARY This annual report to the Governor and Legislature from the Alaska Seismic Hazards Safety Com- mission (ASHSC) reiterates the priority issues and goals of the Commission and summarizes its 2011 activities. The report updates the history and status of the Commission, identifies the current mem- bership, describes various committee functions, and presents Commission Policy Recommendations to improve seismic safety in Alaska: The Federal Emergency Management Agency (FEMA) has estimated in FEMA 366 -HAZUS MH Esti- mated Annualized Earthquake Losses in the United States that with the present infrastructure andpolicies, Alaska will have the second highest average annualized earthquake -loss ratio (ratio of average losses to infrastructure) in the country. Reducing these losses requires public commitment to earthquake - conscious siting, design, and construction. The Alaska Seismic Hazards Safety Commission is commit- ted to addressing these issues. Earthquake-risk mitigation measures developed by similar commissions in other states have prevented hundreds of millions of dollars in losses and significant reductions in casualties when compared to_other seismically active areas of the world that do not implemenreffec- tive mitigation measures. The Commission operates under the powers and duties prescribed by its enacting legislation_ (Appen- dix A) and is guided by its Charter (Appendix B) which provides a clear understanding of the Com- mission's roles and expectations, empowers Commission members, and provides operating guidelines agreed to hyalltiieinbers. During the past year the Commission has invited numerous governmental and private organizations to give presentations describing their approaches to seismic risk mitigation. These briefings have provided the members of the Commission with opportunities to gain an understanding of current - programs and various approaches to seismic risk mitigation, identify areas of concern, and to focus initial mitigation efforts in these areas. Most of these briefings are available for viewing on the Commission web site (httpW:www.seismic:alaska.gov) The Commission also underwent a "sunset review" by the State of Alaska Legislative Budget and Audit Committee. Suggestions were made to increase the Commission's effectiveness and efficiency and a recourmendationwas made to extend its termination date to June 30, 2016. The Commission is currently addressing the LB&A Committee's suggestions including developing a Strategic Plan for its future operations. The Commission's efforts in :2011 continueto- reinforce its belief that seismic risk mitigation issues can be addressed in an economical way that will result in improving the quality of life and public safety in Alaska. A major first - quarter effort in 2012 will be completion of the Commission's Strategic Plan. MAJOR ACCOMPLISHMENTS OF THE COMMISSION TO DATE • Collaborated with the Department of Education and Early Development to develop new procedures allowing and encouraging school districts to apply their capital improvement funds to the safety evaluation, prioritization, and rehabilitation of school facilities with highest earthquake risks • Developed eight policy recommendations for consideration by the state administration and legisla- ture to improve seismic safety in future design, construction, and major renovation of public school facilities • Partnered with the Kodiak Island Borough to initiate an earthquake planning scenario of the area, including coordination of involvement by FEMA, U.S. Coast Guard, City of Kodiak, and the private sector. Results of the scenario, which is currently in progress, will be used as a tool for developing local seismic risk mitigation policies and response plans. • To promote public education on seismic -risk mitigation, members developed a two -day public training course on Post - Earthquake Safety Assessment of Facili ties. Approximately 100 people were trained in 2011 and the Commission will continue to offer at least two classes per year. • Assisted the Division of Homeland Security & Emergency Management in revising the seismic haz- ard section of the State Hazard Mitigation Plan for 2010. POLICY RECOMMENDATIONS The - Commission presents the following policy recommendations: Policy Recommendation 2010 - 1: Given that schools in Alaska serve not only as educational facilities but also as gathering places for the general public, and that many are designated as emergency shelters in case of a natural disaster, the Commission rec- ommends that the State appropriate the resources necessary to identify those school facilities most at risk from earthquakes. Policy Recommendation 2010 - 2: The Commission recommends that all future school design, construction, and major renovations project funding include monies allotted for seismic risk mitigation tasks to include • Seismic design by a structural engineer proficient in the design and detailing required for earthquake engineering tasks. • An independent peer review of seismic design calculations and detailing by a qualified structural engi- neer. • 0n-site observation of as- constructed earthquake engineering details during construction by a qualified inspector to ensure they are constructed in accordance with the contract documents. Policy Recommendation 2011 Alaska is the most seismically active State in the union, yet active fault locations and characterization are the least understood., Therefore the Commission recommends that the legislature consider means to fund appropri- ate State governmental agencies in their on -going efforts to characterize these faults. Policy Recommendation 2011 Considering that Alaska is the most seismically active state, the safety of Alaska's populace and economy require that the design and construction of infrastructure adequately consider the seismic hazard. Therefore, the Com- mission recommends that applicants for registration as a Professional Engineer practicing civil engineering in Alaska be required to have completed a university level or equivalent course addressing earthquake engineering. 2 Alaska Seismic7lazards Safety Commission Report to the Governor and Slate Legislature Policy Recommendation 2011 -3: Perform FEMA Rapid Visual Screening of Existing Buildings to identify and prioritize all seismically vulnerable State of Alaska owned buildings. Establish a mitigation plan to reduce risk imposed by those buildings, including stntctural and nonstructural elements, equipment, and contents, The most essential buildings should be ad- dressed as the'highest priority. Policy Recommendation 2011 - 4: Given that the Alaska Seismic Hazard Safety Commission (ASHSC) and the Alaska Division of Homeland Security and Emergency Management are sponsoring training for qualified individuals to serve as volunteer post - earthquake safety evaluators of buildings and. infrastructure, the Commission recommends that the State provide relief from liability for qualified arid trained volunteers who are assigned by a jurisdiction to serve fol- lowing a damaging earthquake. Policy Recommendation 2011 - 5 There is.consensus among the U.S. and western state geological surveys and within the scientific community that the next great devastating.earthguake in North American may likely occur in the Pacific Northwest region, along the Cascadia subduction zone or bur a shallow Puget.Sound fault. While such an earthquake would not likely causephysical damage to Alaska's infrastructure or directly pose a safety hazard to Alaska's population, it would, however, have a significant- effect on Alaska's economy given the importance of the Pacific.Northwest re- gion to Alaska's commerce, shipping-oil exports, fishing and tourism industries, and communications. Therefore, the Commission recommends that the appropriate Alaska government agencies investigate potential impacts and develop contingency plans to prepare for and mitigate the possible detrimental effects of a great Pacific.Norttwest earthquake on Alaska. These, and other, policy recommendations continue to be addressed by the following Commission Stand- ing Committees: • Insurance • Schools • Earthquake Scenarios • Education and Outreach • Hazards Identification • Response and Recovery • Partnership The 2011 activities of these committees are described in more detail in subsequent paragraphs. Our basic public - policy goal areas remain.unchanged from the 2010 Commission report: • Education • Guidance • Assistance • Implementation INTRODUCTION The Alaska Seismic Hazards Safety Commission ( "the Commission ") is charged by statute (AS 44.37.067; Appendix A) to recommend goals and priorities hr seismic hazard mitigation to the public and private sectors; recommend policies to the governor and the legislature, including needed research, mapping, and monitoring programs; review the for recovery and reconstruction after a major earthquake; rec- ommend improvements to mitigate, losses from similar future events; and to gather, analyze, and dissemi- February 2012 3 nate information of general interest on seismic hazard mitigation, among other duties to reduce the state's vulnerability to earthquakes. The Commission consists of eleven members appointed by the Governor from the public and private sectors for three -year terms. It is administered by the Department of Natural Resources, Division of Geological & Geophysical Surveys (DOGS). Commission members include: A representative from the University of Alaska, three representatives from local government; a representative from the Department of Natural Resources; a representative of the Department of Homeland Security and Emergency Management; a representative from an appropriate federal agency; a representative of the insurance industry; and three members of the public who are experts in the fields of geology, seismology, hydrology, geotechnical engineering, structural engineering, emergency services, or planning. Six members constitute a quorum. The Commission membership elects its own chair and vice -chair. There is no executive director, although DGGS provides administrative, travel, and pub- lication support. HISTORY AND STATUS OF THE COMMISSION In 2002, the 22nd Alaska Legislature passed, and the Governor signed into law, House Bill 53 establishing the Alaska Seismic Hazards Safety Commission with nine members. The legislation originally placed the Commission in the Office of the Governor, but in January 2003, Governor Frank Murkowski issued Execu- tive Order Number 105 transferring the Commission to the Department of Natural Resources. Governor Murkowski appointed the first nine members to the - Commission in.2005. In 2005, the House of Representatives passed House Bill 83 to extend the Commission to June 30, 2008, add tsunami risks to its purview, and provide two additional Commission positions representing local government. In 2006, the Senate passed a substitute version of FIB 83 including the two additional local government positions but omitting specific mention of tsunamis in the Commission's powers and duties. The Senate bill extended the Commission through June 30, 2012. The House concurred with the Senate version and Governor Murkowski signed the bill into law at a Commission meeting on June 16, 2006. Al- though the revised statute does not specifically include tsunami hazards in the Commission's powers and duties, the definitions in AS 44.37.069 include tsunami inundation as a seismic hazard. Consequently the Commission addresses tsunamis in its discussions and recommendations. As a result of passage of HB 83, the Commission currently has 11 members. The Commission first met on October 28, 2005, at which time it elected a Chair and Vice Chair, listened to briefings from the California Seismic Safety Commission and various state and local agencies in Alaska with responsibilities in earthquake -risk mitigation, and began developing goals and priorities for its activi- ties. There were twelve meetings of the Commission through December 2006, six of which were via tele- conference. Since 2006, the Commission has held_ eight to ten meetings annually, generally all but two of which have been via teleconference. The Commission published its first annual report to the governor and legislature on April 18, 2006, and has since published reports annually during the state legislative sessions. A Commission Web site posts basic information about its mission, earthquake risk in Alaska, meeting agendas, minutes, presentations, and appropriate links. The Web site address is htto: / /www.seismic.aiaska.gov. 4 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature • COMMISSION MEMBERSHIP Name Representation Contact information John L. Aho Chair, CH2M HILL Public member 949 East 36th Avenue Suite 500 Anchorage, AK 99508 Phone (907) 230 -2432 John.Aho @ch2m.com Gary A. Carver Public member Carver Geologic, Inc. PO. Box 52 Kodiak, AK 996 L5 Phone: (907) 487-4551 coeol@q acsalaska:net Bud Cassidy Local Government Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907-486-9360 bcassidvc kodiak:ak.us Roger A. Hansen University of Alaska UAE Geophysical Institute PO. Box 757320 Fairbanks, AK 99775-7320 Phone: (907) 474 -5533 roger(a giseis alaska edu Laura W. Kelly Federal.agency U.S. Coast Guard P.O. Box 195025 Kodiak, AK- 99619.5025 Phone: "(907) 487 -5320 la ufa.w: ke l lv(@usco: m i l Richard D. Koehler Alaska Department of Division of Geological & Natural Resources Geophysical Surveys 3354 College Rd. Fairbanks, AK 99709 Phone:• (907) 451.5006 rictilkoehler @alaska.c ov Daniel Mahalak Local government Kenai Peninsula Borough, Water Resources Manager P.O.. Box 2646 Seward, AK 99664 -2646 Phone: (907) 224 -9515 dmahalakreDborough.kenaLak.us February 2012 5 David E. Miller Local government City and Borough of Sitka 839 Lincoln Street Sitka, AK 99835 Phone: (907) 738-6890 davemc citvofsitka.corn Mark Roberts Alaska Department of Military Division of Homeland Security & Veterans Affairs &- Emergency Management P.O. Box 5750 Fort Richardson, AK 99505 Phone: (907) 428-7016 ma rk.roberts(Dalaska.gov Robert L. (Buzz) Scher Vice -Chair R&M Consultants, Inc. Public member Vice -Chair 9101 Vanguard Drive Anchorage, AK 99507 Phone: (907) 522 -1707 bscher&rmconsult. Gayle L. White Insurance industry State Farm Insurance Co. 3340 Spinnaker Drive Anchorage, AK 99516 Phone: 907.261.3871 eavle.white.cpnvestatefarm. corn yj y . Y+ eC+ 1 t J _t. y s V qy . ' . t. � � R I re ed ''° fr --: > 1 Alaska Seismic Hazards Safety Commission members (clockwise from lower left): John Aho (Choir), Gory Carver, Buzz Scher (Vice - Chair), JoAnne Bennett (Insurance Commit- tee Ad -Hoc member), Dave Miller, Roger Hansen, Mark Roberts, Rich Koehler, Laura Kelly, Gayle White, Rob Witter (USGS- Guest), Bud Cassidy, April Woolery (DGGS Staff Support). 6 Alaska Seismic Hazards Safety Commission. Report to the Governor and Stare Legislature EARTHQUAKE RISK IN ALASKA Alaska has more earthquakes than any other region "lts sn o o win� st ll," said Ee ore of the United States and is; in fact, one of the most b y, r gloom ly,. " � t ' t �. seismically active areas of the world. The cataseroph S f is April 2011 magnitude 9.0 Tohoku Earthquake to ?,And t ? fr " _ ' Japan is a grim reminder of why it is important for a "Is i " ' ,.. , society to he prepared, for the furies of nature. The Yes, said Eeyore:'" o he said, ? , g P, second largest earthquake ever recorded occurred br a little e haven't had. on the Prince William Sound portion of the Alaska- an earthquake lately" ' Aleutian megathrust in southern Alaska on March e1. A A 1jMim e 27th, 1964, with a moment magnitude of 9.2. The � largest on -land earthquake in North America in almost 150 years occurred on the Denali fault in central Alaska on November 3rd, 2002, with a magnitude of 7.9. In January through mid- November 2011, the Alaska Earthquake Information Center (AEIC) recorded 22,096 earthquakes, for an average of 2,100 monthly, including 189 events with magnitude 4.0 or greater, 36 events of magnitude 5.0 or greater and 4 events of magnitude 6.0 or greater. The largest event during this period was a magnitude 7.3 in the Fox Islands area of Alaska. It is not possible to predict the time and location of the next big earthquake, but the active geology of Alaska guarantees that major, potentially damaging earthquakes will continue to oc- cur. The risks to public safety and infrastructu e`from these future events can be greatly reduced through proper planning, design, and construction. Alaska has changed significantly since the great 1964 earthquake The population has more than doubled, but many new buildings are designed to prevent collapse during intense shaking. Some older buildings have been reinforced, and development has been discouraged in some particularly hazardous areas. How- ever, despite these improvements, and because practices to reduce vulnerability to earthquakes and tsu- namis are not applied uniformly in regions of high risk, future earthquakes may still cause life- threatening damage to buildings, cause items within buildings to be dangerously tossed about, and disrupt the basic, utilities and critical facilities that we take for granted. In addition to the 1964 and 2002 ruptures, there are other sources of potentially damaging earthquakes in Alaska. These include the Castle Mountain fault in lower Matanuska - Susitna valley, the Wadati- $enioff zone beneath Anchorage, the active belt of faulting and folding in northern Cook Inlet, the. Fairbanks seismic zone, and the Yakataga seismic gap near Yakutat, among others. While the seismic provisions of current Alaska building codes are largely geared toward preventing collapse from the types of shaking that occurred in 1964, earthquakes on these other sources may affect structures differently, in ways that may or may not be ameliorated by the current codes. Earthquakes of magnitudes that could cause major structural damage and injury to residents continue to occur in Alaska. The interested reader is directed to Appendix C for additional information concerning Alaska earthquake activity in 2011. SOME EARTHQUAKE STATISTICS FOR ALASKA • Eleven percent of the world's recorded earthquakes have occurred in Alaska. • Alaska has more frequent earthquakes then the entire_ rest of the United States. • Three of the eight largest 'earthquakes in the world were in Alaska. • Sev of the ten largest earthquakes in the United States were in Alaska. February 2012 7 Since 1900, Alaska has had an average of: • One "great" (magnitude 8 or larger) earthquake every 13 years. • One magnitude 7 to 8 earthquake every two years. • Six magnitude 6 to 7 earthquakes per year. • Fifty magnitude 5 to 6 earthquakes per year. • Three hundred magnitude 4 to 5 earthquakes per year. • Approximately 2,000 earthquakes recorded in Alaska each month. It is not possible to predict the time and location of the next big earthquake, but the active geology of Alaska guarantees that major potentially damaging earthquakes will continue to occur. Scientists have estimated where large earthquakes are most likely to occur, and the probable levels of ground shaking to be expected in the stare. With this information, as well as information on soil properties and landslide potential, it is possible to estimate earthquake risks in any given area. It is also possible to estimate the potential for earthquakes to generate tsunamis, and to model the extent to which tsunamis will inundate coastal areas. COMMISSION ACTIVITIES IN 2011 2011 Activities I. Held five telephonic and three face -to -face (two day) meetings of the Commission. 2. Participated in the following briefings on seismic risk mitigation from the following agencies and discussed the Commissions activities as they relate to work being accomplished elsewhere: a. New Zealand Earthquake Update -Dr. Gary Carver (ASHSC) b. American Institute of Architects (AIA) Evaluation of Buildings - Michael Thompson (Rim Ar- chitects) c. Social Media Influence Discussion -Mark Roberts (ASHSC) d. Interesting Aspects of the Japanese Tohoku Earthquake -Dr. Roger Hansen (ASHSC) e. Earthquakes -What Will We Do, How, and Why? -Sean Dewalt, Alaska Municipal League/Joint Insurance Association (AML /JIA) f. Japanese Tohoku Earthquake Emergency Response -Mark Roberts (ASHSC) g. Geology of the 2011 Japanese Tohoku Earthquake -Dr. Rob Witter (USGS) h. Paleoseismic Studies in the Region of the 2011 Japanese Tohoku Earthquake -Dr. Rich Koehler (ASHSC) i. Use of Real -time GPS Seismograms for Identifying'lsunamigelic Earthquakes -Dr. Roger Han- sen (ASHSC) Recent Paleoseismic Studies in the Region of the Denali Fault -Dr. Rich Koehler (ASHSC) k. Fire Marshall's Role as the State Building Official -Kelly Nicolello (State Fire Marshall's Office) 3. The Commission Chair Dr. John Aho gave a I -hour earthquake briefing presentation to the Alaska Society for Industrial Security (ASIS). 4. The Commission Chair Dr. John Aho prepared the training material for a 2 -day, Commission sponsored, course on Post - disaster Safety Assessment of Facilities to be given February 23-24 and December 6-7, 2011. 5. ASHSC, along with the Alaska Division of Homeland Security & Emergency Management (ADFIS &EM), sponsored and participated in two 2 -day training workshops on Post- disaster As- sessment of Buildings during which a total of 104 people were trained in safety evaluation of build- ings after a damaging earthquake. 6. Commission Chair Dr. John Aho and members Buzz Scherand Mark Roberts served as instructors for Item 5 above. 8 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature 7. Developed and published the sixth annual.report to the Governor and;Legislature in January,2011. 8. The - ASHSC, through Commission member Laura Kelly partnered with NOAA's Alaska Sea Grant College Program and Kodiak Island Borough in their community outreach presentation of the tsunami video, Ocean Fury: Tsunamis in Alaska, in response to aftermath of the March 11, Japan earthquake and tsunami. 9. Commission Chair Dr. John Aho and member Dr. Roger Hansen gave earthquake briefings the Alaska State Senate Community•and Regional affairs Committee in Juneau, Alaska. 10. Commission member Dr. Rich Koehler gave an invited presentation at the Tsunami Operations Workshop in Sitka, Alaska: The Fairweather fault and recently glaciated terrain: Potential sources for local tsunamis in Southeast Alaska, Tsunami Operations;Workshop, Federal Emergency Man- agement Agency, Sitka, Alaska, Westmark Hotel, September 13, 2011. 11. Commission member Dr. Rich Koehler published seven peer reviewed papers related to character- zi g activefaults in Alaska. 12. Commission members continued to be active in the Western States Seismic Policy Council (WSSPC). 13. Responded to the State of Alaska Legislative Budget and Audit Comiittee resulting in a report by them which recommends Commission extension to 2016. 14. Began development of the ASHSC Strategic Plan as recommended in Item 13 above. 15. Developed four new policy recommendations for consideration. 16. The Commissiom,continues td work with the Kodiak Island Borough (KIB), ADHS&EM, and the Federal Emergency Management Agency (FEMA) to develop an Earthquake Planning Scenario for the KIB. 17. The Commission, ADHS &EM, the Alaska Division of Geological and Geophysical Services (DOGS), and the Alaska Earthquake Information Center (AEIC) contributed to the WSSPC tsu- nami report. 18. Nine Commission members completed the National Incident Management System (NIMS) Inci- dent Command System Course ICS 100. 19. The Commission continued to have representation with the Alaska Partnership for Infrastructure Protection (APIP). 20. Commission Member - Laura Kelly has been "selected to participate on the Project Review Panel for ATC -7l -4, Update ofRapid Visual Screening Guidelines (FEMA 154) during 2012. COMMITTEE ACTIVITIES The Commission's standing committees continued to be active in 2011. Sam Kito from the Alaska De- partment of Education and Early Development (ADEED) continued to assist the Schools Committee and Joanne Bennett from the.Alaska Division of Insurance has also continued as an active participant.on the Insurance Committee. Both of these individuals bring a wealth of experience to committee activities. Schools Committee The Commission remains - focused on assessing and minimizing loss due to structural instability of critical facilities in the event.of a major seismic incident. Schools are a primary concern, but so are other critical facilities. These include hospitals, - clinic's; fire, rescue and police stations; as well as jails and detention. facilities. Other important infrastructure, at potential risk also includes military bases, airports college complexes, harbors, and utility system lifelines (communications, electric, oil, transportation, water, and wastewater). Schools remain a major focus, however, due to the number of facilities within the state, their high - occupancies and common designation as emergency shelters. February 2012 9 In an effort to begin mitigating earthquake risk to critical facilities; the committee continues utilizing the following approaches to address the issue: • Advocate for the prioritization of identifying and mitigating at -risk facilities; initially focusing on schools, due to high occupancies and common use as emergency shelters (Policy Recommendations 2010 - 1, 2010 and 2011 • Develop work plan(s) in collaboration with state and local agencies /governments. • Advocate cost benefit analyses for both existing and new construction. • Identify current legislation /programs; including those adopted by other states /countries. Foster con- tacts with successful proponents. • Identify pertinent code and construction requirements and potential limitations. • Recommend improvements including policy changes, legislation, and public outreach. The Commission upholds the belief that focusing on schools in high -risk seismic zones provides the great- est potential cost/benefit to the State (see fold -out map, Public Schools and Earthquake Hazards in Alaska). Schools, especially in smaller communities, tend to be some of the most heavily occupied and important structures. Collapse during an earthquake would not only be devastating to the occupants, but also to the recovery of a community if the structure could no longer be used for emergency shelter in Alaska's harsh climate. Globally, schools remain the main focus for prioritizing structural mitigation, especially given wide - spread collapses during large earthquakes in China (2008) and Haiti (2010). The more recent 2011 Japan quake highlighted the effectiveness of proper seismic design, but also illustrated the impact of vul- nerability to tsunami inundation. Schools Committee Activities in 2011: • Continued collaboration with:the Alaska Board of Education and Early Development (of the AD- EED) regarding its new capital improvement project application form that specifically addresses seis- mic issues. Schools are now applying for funds That specifically identify seismic hazards, and mitigate seismic risk via investigation, design and special construction inspections for any major project in- volving a school facility. • Continued working with ADEED to prioritize identifying schools at greatest seismic risk. • Communicated with other state seismic hazard safety commissions, including an ad hoc working groups organized by Earthquake Engineering Research Institute and Mike Griffin, PE, of the Mis- souri Seismic Safety Commission's Committee for Education. Committees collaborate to identify best means for reducing the effects of damaging earthquakes on schools and associated loss of life, proper- ty, and social continuity. Topics include legislation, identification, prioritization, funding; and retrofit. • Identified Alaska's Parent- Teacher Association (PTA) as a key future partner in reducing school seismic risk. Schools Committee Plan for 2012: • Continue working with ADEED to identify existing at -risk school structures, and prioritize seismic mitigation. • Maintain and foster relationships with other organizations and commissions involved with improving school seismic safety, with a focus on developing a new partnership with state PTAs. • Further review state policies and procedures related to constructing and maintaining critical facili- ties and infrastructure, with a focus on identifying and improving resiliency in the event of a major earthquake. On-site construction inspection remains a key concern. 10 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature IIBLIC fl(111 wp uAIHWAt3 avwnDS g, ',so, . u 4 • t r �. \\\ �p pq 4 Y F 1 '.”`"'"'"'"""•'•"`""'"''''"" ' °�." \ ) 4 y ± 4 °,t k'z 4 �, r g f g �`�$'G4 v ...:.a. a • ` ' ry h� i t s 'J+ "b 3 A _ w,,ree°° rtiw .. �� , ,-. I . ' � t t 1 _. Fly. .l� 4 : } ' .� t F 1 .rxHzW Q }- rar. . ro I � " z... e ,.....,„..s... a -^.W., 1S ,; �. ;� . rte �. n •uw t.....-or _ t rv, J 'r ' � __._ j r L Nat b sud A PIs 7 th e nu 1 ` M F .gvrp d l - fr Id a Canmasant ad, ther the s.. ` \\` *" u i s ue . 1 r Wm0 d ka Jar i d I 41n m M 0. p7 Lr.� ,r ,11 yy Ptl1R dtl 2010- � ' ' 'S '. 05 I] C .i 111 rAvddev� J matte m MoxrJ Jw s^ G. Id ea v14m.IM 4 - W Fd Si....... '.„ ': R . �� Snv<dam F v mr. rv, en r r MokmrrJ the Jrrgr dJ wln'r ware.; r vrennir.rmk " \.......... \ .e-d rdrrra.;rmmE lu r .......... y. • Q rFe^dr par of r6md desr2r LA./la/ton am red traitor.; M ! y veer A J e d,wr wean a; . ned ...Julm4 nci xe o n 1 ...._r. �� z wrro I " �wa,d vrnmm4m.e wall 1 . I 'fumy . Jv, t i trd N$Cur:� • Continue seeking funding to identify and retrofit critical structures at risk of damage or collapse during a major seismic event. Estimating the cost to perform Rapid Visual Screenings (or a similar approach) has been identified as as important first step. • Advocate for policy changes, legislation, and public outreach that mitigates earthquake risk. This includes the recent agreement by Schools Committee Chair, Laura Kelly, to participate on the Project Review Panel for ATC -71.4, Update of Rapid Visual Screening Guidelines (FEMA 154) during 2012. • Examine Alaska Science Education Standards, and identify potential opportunities for enhancing existing curricula. Support teacher training and development of materials that address earthquake science, school preparedness and individual safety. Insurance Committee As part of the Alaska Seismic Hazard Safety Commission's Charter, the Insurance Committee seeks to bring awareness of issues concerning availability and its importance to Alaskans through ongoing educa- tion. The committee set three goals at the outset of the year. These were: • Provide basic information on ASHSC websire that is easily accessible to the above audience con- cerning earthquake exposures, insurance availability, and personal safety measures. Consider links to other State of Alaska sites. • Publish an informational brochure for the public about earthquake and tsunami risks, insurance and choice. Find venues for distributing this information. • Work with the Division of Insurance to provide information on hazards throughout the state, steps that can mitigate those hazards, and assist as needed to attract additional carriers to the Alaska mar- ket who will provide affordable earthquake insurance to citizens throughout the state. Insurance Committee Activities in 2011: • A draft earthquake insurance brochure titled "Earthquake Insurance and You" was initiated and is currently under review. • The brochure is drafted and in approval stages with the Division of Insurance and DOGS. We antici- pate publication will occur in early 2012. • Continued link with the Division of Insurance to their publication: 2009 Homeowners Insurance Guide, which includes a section on earthquake insurance. It will be updated when the Guide is up- dated. • Worked with our liaison with the Division of Insurance to deepen our relationship. A staff member of the Division is now a member of the committee and is able to attend some of our Commission meetings. • Worked in support of other committee efforts in developing informative white papers. Insurance Committee Plan for 2012: • Complete the earthquake insurance brochure titled "Earthquake Insurance and You ". • Recommend methods of distributing the earthquake brochure to Alaskan residents. • Continue to work with other committees in the development of informational "white papers" on a variety of earthquake risk mitigation tasks. Earthquake Scenario Committee An earthquake scenario is a planning tool that helps people understand earthquakes and plan for the fu- ture. Earthquake scenarios have been used successfully in several areas of the U.S. to identify weaknesses in the built environment as well as vulnerable interdependencies among utility and transportation systems Februag2072 13 that could result in multiple or : cascading failures even if only one system fails. Communities, state and federal agencies, private industry, and emergency response organizations use scenarios as tools to increase public awareness, develop 'risk - reduction strategies, and for response and mitigation planning. The West- ern States Seismic Policy Council, in its adopted Policy Recommendation 09 -1, recommends "that each member state, province, and territory establish an active program to produce Earthquake Planning Sce- narios for areas with high risk of earthquake losses." Earthquake scenarios begin. by defining a hypothetical but geologically realistic earthquake suitable for the purpose of the scenario. Depending on the complexity and desired results, a=scenario may describe the types and severity of shaking and ground breakage likely to result; the likely impacts to facilities, including types and extent of damage to buildings "according to building type and'age; and disiuptions to utilities and transportation systems. A scenario may also describe "secondary effects such as tsunamis, fire, and toxic ma- terials release; estimate thenumbers of deaths, injuries, and dollar value of losses by building type; and es- timate the long-tenn business losses and socioeconomic consequences. The resulting information provides the basis for planning earthquake- response exercises, prioritizing and pre - locating response resources, and developing mitigatingdieasures for reducing vulnerability to"future earthquakes. Developing an earthquake scenario requires assembling pertinent geologic and seismologic data for a re- alistic event, compiling and updating building, and utility system inventory information for the affected region, assigning seismic fragilities to the building stock, and assembling current data on population demo- graphics. Loss - estimation technology such . as FEMA's HAZUS software is often used to model the event, incorporating all the compiled data. The results are then documented in one or more reports and presenta- dons to all.ihterested groups. If done effectively, a scenario helps decision makers visualize specific impacts that are based on currently accepted scientific and engineering knowledge, providing a powerful tool for private industry, government officials, and the general public to develop effective mitigation policies and programs. Earthquake Scenario Committee Activities in 201 1: The Earthquake Scenario committee is working on ways to promote the development of scenarios that help identify and mitigate seismic risk in Alaska. During 2010, the committee performed the following tasks: • The Committee was successful in obtaining the Kodiak Island Borough's (KIB) commitment to work with the Commission in developing an Earthquake Planning.Scenario for the affected communities. • The Committee was successful in enlisting FEMA's assistance, at no charge to the State or Borough, in running HAZUS Level 2 loss estimation for the. KIB. • The Committee is currently helping to coordinate and oversee development of a scenario as described above. • The Confmittee initiated an assessment of the impacts of a major earthquake in the Pacific Northwest on Alaska. Two scenario earthquakes are considered, "a Magnitude 9 subduction earthquake on the Cascadia Subduction Zone and a large shallow earthquake on one of several active faults traversing Puget Sound. The committee is drafting a policy statement regarding identification, characterization and mitigation of the impacts of a Pacific Northwest earthquake on Alaska. 14 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature 3 y ¢ a' , 4 ' P Ak s ' :: i t ii + 1} ;II, ft. "::',511 a (, t, ; :, •°. - � tip i litil ,41� tx JAPP 'It j I t 1 I t ' r . t' 4114rit +.A t i ' ti 1 Ydr 4 F " . lib ! 3 t 4 .;1+ t n '1:1.7;;F: n, a y .. > � - , i . . ie. ',� i R #n y . p f ., Shaking damage in the U.S. Weather Bureau office at Anchorage International Airport during the 1964 earthquake. Note the failure of unreinforced concrete masonry unit (CMU) walls and extensive nonstructural damage. Photo by A.L. Comiskey. Earthquake Scenario Committee Plan for 2012: • Completion of the KIB Earthquake Planning Scenario in 2012. • Continue to help coordinate a community approach to development of an earthquake scenario for the KIB. • Work with the Kodiak Island Borough, U.S. Coast Guard, FEMA, and other interested parties to develop the input data needed for a HAZUS Level 2 loss estimation for Kodiak and surrounding area including the Coast Guard Base. • Identify other Alaskan communities that are willing to partner in the development of earthquake scenarios for their communities. • Consider submitting proposals to the National Earthquake Hazard Reduction Program and Earth- quake Engineering Research Institute for support in developing other scenarios. • Complete a White Paper on the impacts of and mitigation strategy for a Cascadia Subduction zone or large shallow Puget Sound earthquake. Hazards Identification Committee Seismic hazards include a number of physical phenomena generated by earthquakes that have the poten- tial to cause damage to the stare's infrastructure and compromise the safety Alaska's residents and visitors. The most common and widespread seismic hazard is strong ground motion. Surface fault rupture, seismi- cally triggered landslides and snow avalanches, ground failure including liquefaction, ground settlement, and subsidence and seiches and tsunamis are also significant seismic hazards in many regions of the state. Identification and characterization of seismic hazards is fundamental to developing mitigation strategies and reducing losses from earthquakes. February 2012 15 Hazards Identification Committee Activities in 2011: • Continued its efforts to better Understand seismic hazards in Alaska by participating in projects and conferences focused on the state's seismic risks. The committee continued to gather information related to seismic sources and- secondary effects of earthquakes in an effort to identify regions of the stare mostvulherable to seismic hazards. Additionally, the committee focused on developing ways to raise awareness of seismic hazards in the general public and the legislature. • An essential component in the reduction of future earthquake losses in Alaska is knowledge of the locations and style of deformation associated with sources of potentially damaging earthquakes. To facilitate dissemination of this information to engineers, policy planners, and the general public, com- mittee members :participated with the Alaska Division of Geological & Geophysical Surveys (DGGS) in a coinprehensive.inventory and database of active faults in the state. The database was compiled . f conformance withfstandards defined by the U.S. Geological Survey for the national Quaternary fault and fold .database and includes fault specific information such as name, age, type, and slip rate. The database represents an accurate, up to date, user- friendly resource and will soon be puhlically available via the DGGS'4i'ebsire. The Hazards Identification Committee also worked with DOGS to establish a field fault evaluation protocol and define areas to acquire high - resolution lidar data along major existing and proposed, pipeline infrastructure. • In Southeast Alaska, hazards related to strong ground shaking including submarine landslides, lique- faction, lateral spreads, and associated local tsunami are poorly documented and generallyunderap- preciated. To increase awareness of these hazards, the Hazards Identification Committee participated in a tsunami operations workshop led by the Alaska Division of Homeland Security and Emergency Management in Sitka. • The chair :of the Hazards. Identification Committee attended the Association of Environmental and Engineering Geologists (AEG) annual national meeting in Anchorage and presented new data from geologic studies along the Castle Mountain fault. Because of the proximity of the Castle Mountain fault to- the'Anchorage area, this data will help more accurately characterize the behavior of the fault and"improve seismic hazards assessments. Additional seismic hazards related symposiums at the AEG meeting focused on,engineering geologic characterization of hydroelectric dams and oil and gas pipe- lines, directly applicable to current large infrastructure projects in the state. • A white paper describing the current state of knowledge of earthquake sources and their associated seismic hazards and risks in different regions of the stare was completed and is currently under review. The committee is presently discussing the most appropriate venue-for publication. Hazards Identification Committee Plan for 2012: To further address its goals-the committee is encouraging the Stare Geologist and DOGS to instigate a pro- gram to compile - detailed descriptions of each seismic source to eventually be linked as a companion prod- uct to the Quaternary fault database map released in 2011. Draft descriptions from a previously initiated program exist for many faults, however due to advances in knowledge over the last decade a tremendous amount of new information is available and the descriptions need to be updated. The Committee envi- sions a product in which all of the available information for a particular fault can be linked to the on -line Quaternary fault database and easily obtained by users. The Quaternary fault database is a major step forward in the identification and characterization of active faults in the state. However, new faults are found every field season. The earthquake science and engineer - ing community still does not have enough information in many areas to accurately characterize the hazard. Thus in 20'12 The Hazards Identification Committee will continue to encourage collaboration between DOGS, USGS, university researchers, and the consulting community in efforts to identify, map, and chat - acterize active earthquake sources. 16 Alaska Seismic Hazards Safer) Commission Report to the Governer and State Legislature (A) Displaced stream channels along the Denali i k e fault west of the 2002 rupture. This section of .. .....71T7,- ak ', i the fault has not ruptured in over everal hundred .z "' a x�.,<. :PI years and is capable of a large magnitude event i . that could affect the Parks Highway, proposed m "' si f gas pipeline Denali National Park, and other in- aF ., a ' , ! • frastructure. (B) New lidar data from the Susitna , et g o =.: lowlands used to refine the location of the Castle ,s * sere€ i reca , l: : Mountain fault. :1111`. r p � a y 4.14\71,frtahrtm.,.. 47 "'"t`. 1 '41 'Art'. kilitisaiii' . ---. * •riS ...,.:r , " ,^ air', ' :;. "'PT - ° . P i 4 t i' ".F 35 Ke: d • y � ;s i t, F +4 54 : " .0 Mt i Aa1} m i Y a p „q` i y ps *} §i t "�' 4V Rrverr fk d x„ S 50 - .; . a tt5� °f .Aw yeYp �f .+4 �j Response and Recovery Committee Among the powers and duties assigned to the Commission by enacting, legislation are to `offer advice on coordinating disaster preparedness and seismic mitigation activities of government at all levels, review the practices for recovery and reconstruction after a major earthquake, and recommend improvements to mitigate losses from future similar events.” The Response and Recovery Committee was established to address these tasks. Response and Recovery Committee Activities in 2011: • Provided an annual review of the seismic sections of the Stare Hazard Mitigation Plan goals that related to the Seismic Safety Hazards Commission. • Co- sponsored Posrearrhquake Safety Evaluation of Buildings training twice in 2011. • Co- sponsored earthquake structural and non - structural mitigation training in Fairbanks in 2011. • Co- sponsored a rapid visual screening course for earthquake building hazards in Fairbanks in 2011. • Supported planning efforts for the 2014 anniversary of the 1964 great Alaskan earthquake to include training and outreach on earthquake and tsunami emergency response. • Continued the Commission's availability for review of seismic sections of community emergency op- erations plans. February 2012 17 • Continued the Commission's availability for consultation on emergency response exercises to:seismic events. • Encouraged all Commissioners successfully complete the ICS 100 course. Achieved 75% by 201.1. Response'and Recovery Committee Plan for 2012: • Refine the Commission's role -one month and sit months following a significant seismic event :in the Stare including draft legislation and policy recommendations that can be proposed. • Draft a "Continuity of Operations" (COOP) plan to provide for continuing critical Commission func- tions in the event ofan interruption of standard Commission operation. • Develop a post earthquake data clearinghouse process that sets in place a procedure, structure and organization to capture — for Alaska State use — all data, photos, records and notes produced from post earthquake investigations conducted in Alaska following a significant seismic event. • Test the Commission's significant earthquake incident procedure during the March 2011 tsunami warning "live code" test during Tsunami Awareness week — the week of the - anniversary of the 1964 great Alaska earthquake. Education and Outreach Committee The committee - continues its focus on developing information for the Governor's office, legislators, admin- istrative agencies, local governments, local emergency planning groups, and industry groups. Activities were somewhatlimited due to the Committee Chair spending much of his time outside of Alaska: A new Education and Outreach Committee Chair has been appointed with the expectation that this Committee will have increased activity Education and Outreach Committee Activities in 2011: The Committee Chair was unavailable for a major part of the year due to work commitments so planned goals for 2011 were not met,A new Committee Chair has been appointed and it is anticipated that the group will become much more active. Activities included: • Delivered earthquake briefing presentations to several public, private, and Federal agencies. • Continued to work with the Earthquake Engineering Research Institute on sponsorship of the 2014 National Conference on Earthquake Engineering to be held in Anchorage, Alaska. Education and Outreach Committee Plan for 2012: The committee will continue to address the following items: • Develop Committee goals and measures of success for 2012 • Participate in the Post eaithquakeSafety Evaluation of Buildings Training Program. • Continue to schedule briefings:from outside interests that are concerned with seismic risk mitigation issues. • Continue to give earthquake briefing presentations as requested. • Develop 'an informative brochure that - describes the Commission and its activities. • Develop an Alaska Seismic Hazards Safety Commission (ASHSC) Glossary of Terms • Work with the University of Alaska Anchorage and the Earthquake Engineering Research Institute to invite the 2011 Joyner Lecturer to Anchorage for their presentation. 18 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature Partnership Committee Enacting legislation charges the Commission to "establish and maintain necessary working relationships with other public and private agencies'-'. The purpose of the ASHSC Partnership Committee is to investi- gate and develop potential relationships. The basic goals of developing partnerships are to: • Promote combined efforts to reduce the loss of life and property • Conduct education efforts to motivate key decision makers to reduce risks associated with earth- quakes • To foster productive linkages between scientists, critical infrastructure providers, businesses, and gov- ernment agencies in order to improve the viability of communities after an earthquake event. Partnership Committee Activities in 2011: The committee was involved in the following activities: • Continued to address planning aspects for the 2014 National Conference on Earthquake Engineer- ing. Partnership Plan for 2012: The following tasks will be addressed in 2012: • Continue to seek partnership opportunities with organizations, agencies, and public entities. • Make formal contact with seismic safety commissions in other areas of the United States. • Work will continue on the 2014 National Conference on Earthquake Engineering expected to draw 1000 -1500 professionals from around the world to Anchorage. • Continue to develop relationships within the Alaska Partnership for Infrastructure Protection (APIP). SEISMIC -RISK ISSUES BEING ADDRESSED BY THE ALASKA SEISMIC HAZARDS SAFETY COMMISSION The following issues relating to seismic risk mitigation continue to serve as a guide to developing the path forward for the Commission and for the formation of standing committees. 1. Assess the Structural Stability of Critical Facilities Description of the Issue: Some existing critical buildings in the state may ,not be constructed in a manner to withstand future earthquake and tsunami events. A specific concern is school build- ings. Hospitals, clinics, and fire, rescue and police stations across the state are also vulnerable to failure. Also at possible risk are large Federal, State and private complexes such as military bases, Coast Guard stations, airports, college campuses, harbors, power - generating stations, communica- tion centers, water and waste -water treatment facilities, jails -and detention facilities, pipelines, and highways and bridges. Importance of the Issue: If attention is not brought to bear on this issue before a damaging earthquake or tsunami, communities in the State could see massive structural failure of important community facilities, resulting in human casualties, economic loss, and environmental damage. Furthermore, Alaska's remote nature and extreme weather conditions can cause in response efforts and put displaced building occupants at severe risk from exposure. Adequate preparedness is imperative to timely rapid response and recovery from a significant seismic event. February 2012 19 Benefits of Addressing the Issue: Some private and public entities have taken important steps to improve the seismic resistance of key facilities and infrastructure. For example, prior to construct- ing the Trans - Alaska Pipeline System, Alyeska hired geologists and engineers to specifically address seismic hazards. The resulting design and earthquake - resistant construction prevented the spillage of any oil during the M7.9 Denali fault earthquake of November 3', 2002. The Alaska Department of Transportation and Public Facilities is undertaking a seismic retrofit program for State -owned bridges, and is focusing on upgrading bridges that provide critical access to communities. Some boroughs and cities across the State have taken the initiative to identify and begin retrofitting seismically vulnerable school buildings and other essential facilities. Despite the newness of most construction in Alaska and implementation of modern building codes, many buildings and key infrastructure remain vulnerable due to proxiinity to seismic hazards, some of which are known and others of which are poorly understood. Building codes continue to change and have been significantly upgraded in the period between 1976 and 1997. The Federal Emer- gency Management Agency (FEMA) and earthquake consortia such as the Cascadia Regional Earthquake Workgroup (CREW) in the Pacific Northwest have long recognized that addressing the problems prior to a catastrophic event can have,long- standing benefits in the future..blowevei, building codes are often inadequately implemented and recommendations of advisory'_bodies are often ignored. How the - Commission. Can/Will- Address the Issue: The Commission will encourage (mitigation efforts by presenting, information about earthquake hazards and risk and suggesting approaches to addressing the strengthening'of at- risk,critical facilit es: Public education must include The correct mix of information on potential damage and suggestions of effective actions to be taken. 2. Address the Importance of_Eaithquak'e Insurance Description of: the Issue: Catastrophic natural perils, particularly earthquakes, are unpredictable, relatively infrequent, 'and can be financially disastrous. Earthquake risk is especially difficult to insure against because insurers are unable to- accumulate adequate reserves for such high severity, low frequency losses. Importance of the Issue: Insurers are unwilling to provide insurance in a market where premium rates are inadequate to create the reserves necessary to pay for damages in the event of a major earthquake. This can create a severe deficiency in availability of insurance as existing insurers withdraw from the market and new insurers are unwilling to enter. Benefits of Addressing the Issue: Improved pre -loss mitigation efforts, such as retrofitting existing structures; emergency planning to speed post -loss recovery; and actuarially sound earthquake in- surance rates encourage additional insurers to enter the market. This in turn improves availability of insurance products and results in more competitive premiums. How the Commission Can/Will Address the Issue: The Commission can encourage develop- ment of public- private partnerships that provide education and mitigate the potential impact of future events. We-will examine the seismic- hazard information needs of the insurance industry and provide recommendations for improvement. 20 Alaska Seismic Hazards Sgfely Commission Report to the Governor and State Legislature 3. Approaches to Seismic Risk Mitigation in Future Building Construction Description of the Issue: Sustainable development entails maintaining environmental quality, improving a community's quality of life, and fostering social equity while maintaining a healthy economy. Therefore, sustainable development includes incorporating disaster resilience and miti- gation into a community's decisions and actions. Building codes normally have a performance goal of life safety, which is considered a minimum safety level, but are typically the maximum level to which buildings are designed. Codes do not appropriately address the effects of ground failure, ground- shaking amplification, or provide guidance to designers and construction contractors. Importance of the Issue: Communities need to know the potential earthquake risk and impacts at a structure site and should implement appropriate standards to mitigate the identified risk so new buildings are not subjected to the effects of massive ground failure and strong ground shaking. x r y r; ..-t . : r 0; s� t �n '.'i . _I t �+' 4N r, i DER l i tiro- ` . t i , . . s' } , , 1 a ! t F : x .� '1p 4+ :tr.' � t 't '- T i ; ' p 0 - } I 1114 � ' au' P , , 14, 6 q h. IM ,+� to 1' } i J t } x. D , , Till i t S ° 4f i .0 n � ' - st, : d. r`R ^' s_ x CI S, f , d trlinkera: q L _ aM1 }$ µ x j O ki 1' 2 _. �4.� '°' .,v t3 4 P? . . jv::: , g nr l fia . te ,iii i � 3 . a 9 e'd 6 tuu"� , ,n .. 'sum 4 ` ,t - y 4i4 _r- 4 � s _ t i _ C 5 . 1 7 m t P +1r 4:,9:44. h i! t * t 3. 4# i wv s Y ,� 44 M a "., ,r ry i. 4'* i,, iF n '1'63:- ;2 N45 a 3x 44 n . Alaska Sales and Service automobile dealership under construction in Anchorage. The precast concrete wai column, and roof structural system was toppled by ground shaking during the 1964 earthquake. Photo by A.L. Comiskey. Benefits of Addressing the Issue: The results of addressing the issue are more effective mitigation and an assurance that countermeasures are not only adequate but the cost of implementation is not prohibitive. How the Commission Can/Will Address the Issue: The Commission will encourage continued Federal, State, and private partnerships in updating ground failure susceptibility mapping of An- chorage, ground shaking characterization in high -risk Alaskan communities, and determination of structural response of buildings and bridges. We will work with the technical community and the construction indusrry to inform, educate and work with communities to provide guidance to improve building and land -use codes. 4. Response and Recovery Practices to Mitigate Future Seismic Risk Description of the Issue: Communities don't have a good understanding of the costs and resourc- es-needed for response and recovery. First responders to a damaging earthquake in one of Alaska's February 2012 21 major-cities will be overwhelmed in the initial hours following the event. Damage to transportation systems will make movement of people and goods difficult. Demand for emergency shelter, food, and water will strain community's resources. Disruptions - :to lifeline systems will complicate recov- ery. Importance of the Issue: An understanding of response and recovery issues is critical to assessing the impacts•to Stare and local resources. Benefits of Addressing the Issue: Implementing effective response and recovery practices will reduce economic.and social costs of recovery and will help mitigate risks from future events. How the Commission Can/Will Address the Issue: The Commission will promote and assist in the •development and use of "earthquake planning scenarios" to define the impact of future dam- aging earthquakes and will communicate lessons learned from past events to provide guidance to communities on recovery planning and preparation. 5. Hazard Identification and Public Education Description of the Issue: A damaging earthquake has not affected a major population region in Alaska since 1964. The majority of the population is unaware of the consequences of a major,seis- mic•event. The 2002 magnitude 7.9 Denali fault earthquake, which occurred in remote areas of the Alaska Range, resulted in relatively minotdamage to smaller rural communities but had li'ttleeffect in larger communities such as Anchorage and Fairbanks. It was evident, during damage assessment evaluations after the Denali fault event, that the residents of the smaller at -risk communities had little understanding -of the earthquake hazard, had not implemented measures to mitigate damage, and were unprepared to respond to the consequences of damage. It is important that the popula- tion of Alaska be, aware of the earthquake hazard - and be informed of the measures that can be taken to mitigate risk. Importance of theIssue: There-is a high probability that Alaskans will experience the results of a damaging earthquake in the future..All Alaskans will be better prepared to take measures ahead of time to reduce losses and casualties and to respond to the event if they are informed of, and truly understand, the hazard and the resultant risk. Benefits of Addressing - the - Issue: An educated public has a greater potential of responding appro- priately before, during, and after a damaging earthquake. Improved knowledge and public aware- ness of hazard and risk can change behavior and lead to more cost - effective mitigation. How the Commission, Can/Will.Address the Issue: The Commission will examine the need for greater public investment in identification and assessment of earthquake hazards, and the most ef- fective ways of communicating this information to the public. The Commission will examine and promote the concept of seismic resilience of communities, addressing reduced failure probabilities, reduced consequences of failure, and reduced time to recovery. 22 Alaska Seismic Hazards Safety Commission Repot to the Governor and State Legislature 6. Recommended Public- policy Goals of the Commission a. Education • Develop an effective public education and outreach program. • Convey scientific and .technical information, from credible authorities. • Communicate information in a manner that is understandable by the public. b. Guidance • Provide advice on seismic risk mitigation and-recommend policies to improve preparedness. • Recommend goals and priorities for risk mitigation to public and private sectors. • Recommend needed research, mapping, and monitoring programs. • Offer advice on coordinating disaster preparedness and seismic risk mitigation. c. Assistance • Review seismic and tsunami hazard notifications and recommend appropriate response. • Review predictions and warnings and suggest appropriate responses. d. Implementation • Establish and maintain working relationships with other private and public agencies. • Gather, analyze, and disseminate information. • Conduct public hearings. • Appoint committees from Commission membership and /or external advisory committees to address risk mitigation issues. • Accept grants, contributions, and appropriations. Februwy 10)2 23 INTENTIONALLY LEFT BLANK 24 Alaska Seismic Hazards Safety Com nissionJ2eport to the Governor and State Legislature APPENDIX A ALASKA SEISMIC HAZARDS SAFETY COMMISSION STATUTE Sec. 44.37.065. Commission established; membership. (a) The Alaska Seismic Hazards Safety Commission is established in the Department of Natural Resources. The Department of Natural Resources shall provide staff support to the commission. (b) The commission is composed of I 1 members appointed by the governor for terms of three years. A vacancy is filled for the unexpired term. (c) The governor shall appoint to the commission (1) a representative from the University of Alaska; (2) three representatives, each from a local government in a separate seismically active region of the state; (3) a representative from the Department of Natural Resources; (4) a representative from the'Department of Military and Veterans' Affairs; (5) a representative from an appropriate federal agency; (6) a representative of the insurance industry; and (7) three members from members of the public who are expert in the fields of geology, seismology, hydrology, geotechnical engineering, structural engineering, emergency services, or planning. (d) The commission shall elect annually from its members a chair and vice- chair. A majority of the commission may vote to replace an officer of the commission. (e) Six members constitute a quorum. (f) Members of the Alaska Seismic Hazards Safety Commission serve without compensation but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180. Sec. 44.37.067. Powers and duties. (a) The commission shall (1) recommend goals and priorities for seismic hazard mitigation to the public and private sectors; (2) recommend policies to the governor and the legislature, including needed research, mapping, and monitoring programs; (3) offer advice on coordinating disaster preparedness and seismic hazard mitigation activities of government at all levels, review the practices for recovery and reconstruction after a major earthquake, and recommend improvements to mitigate losses from similar future events; (4) gather, analyze, and disseminate information of general interest on seismic hazard mitigation; (5) establish and maintain necessary working relationships with other public and private agencies; (6) review predictions and warnings issued by the federal government, research institutions, and other organizations and persons and suggest appropriate responses at the state and local levels; and (7) review proposed seismic hazard notifications and supporting information from state agencies, evaluate possible socioeconomic consequences, recommend that the governor issue formal seismic hazard notifications when appropriate, and advise state and local agencies of appropriate responses. Februaty 2012 25 • (b) The commission may (1) advise the governor and the legislature on disaster preparedness and seismic hazard mitigation and on budgets foi activities and may recommend legislation or policies to improve disaster preparedness. or seismic hazard mitigation; (2) conduct public bearings; (3) appoint committees from its membership and appoint external advisory committees of ex- officio members; and (4) accept grants, contributions, and appropriations from public agencies, private foundations, and individuals. Sec. 44.37.069. Definitions. In AS 44.37.065 - 44.37.069, (1) "commission" means the Alaska Seismic Hazards Safety Commission; (2) "disaster preparedness" means establishing plans and programs for responding to and distributing funds to alleviate losses from a disaster as defined in AS 26.23.900 ; (3) "seismic hazard" means an earthquake- induced geologic condition that is a potential danger to life and property; in this paragraph, "geologic condition" includes strong ground shaking, landslide, avalanche, liquefaction, tsunami inundation, fault displacement, and subsidence; (4) "seismic hazard mitigation" or "mitigation" mean activities that prevent or alleviate the harmful effects of seismic hazards to persons and property, including identification and evaluation of the seismic hazards, assessment of the risks, and implementation of measures to reduce potential losses before a damaging event occurs; (5) "tsunami" means a large ocean wave produced by an earthquake, landslide, or volcanic erupticin. 26 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature APPENDIX B JANUARY 2010 , Alaska Seismic Hazards t = Safety Commission • Charter Purpose To provide a vehicle through which statewide seismic risk issues can be addressed and solutions can be proposed that will reduce life and property losses from a future damaging earthquake. Vision Eliminate losses from future earthquakes and tsunamis. Promote public and government awareness of Alaska's seismic hazards and seismic risk mitigation. Mission Make recommendations to the governor and legislature for reducing the State's vulnerability to seismic hazards. Advise the public and private sectors on approaches for mitigating earthquake and tsunami risk. Act in an Advisory Capacity Advise the Governor, the Legislature, and the public on Alaska's seismic hazards and risk mitigation. Provide Information and Technical Guidance Recommend studies, policies, and programs that will mitigate the risks associated with seismic hazards. Recommend Educational Programs Recommend and participate in programs that will disseminate information to government agencies and the public. Encourage Seismic Hazards Risk Mitigation Efforts Encourage efforts to address issues related to seismic hazards risk mitigation. By achieving this mission, we create an opportunity to be an effective body in mitigating the potential damaging effects of major seismic events. Core Values • Honesty • Integrity • Tr • Diligence • Service to the State • Responsibility for One's Own work • Support to Other Commission Members • Commitment to Complete Accepted Assignments • Provide Value to Stakeholders • Be Objective and Reasonable • Advocate for Seismic Risk Mitigation Efforts • Recognize Exemplary Seismic Risk Mitigation Efforts February 2012 27 KEY SUCCESS FACTORS AND MEASURES OF SUCCESS SUCCESS FACTOR' . MEASURE. Stakeholder Satisfaction • Facilitate governor and legislature understanding of seismic risk mitigation issues; • Meet or exceed SOA expectations; • Advice is sought; • Advice is accepted; • SOA endorsement and; • Positive feedback from staff. Advocate of Risk • Provide advocacy for seismic risk mitigation programs; Mitigation • Create opportunities for seismic risk mitigation advocacy; • Become.faniiliar with current existing programs; and • Develop stakeholder support. Advocate Public Outreach : Encourage social environment where seismic risk mitigation is Programs accepted; • Examine existing programs within the State; and • Be available Cor public education presentations. Promote Development of • Complete earthquake scenarios for realistic events in high -risk Earthquake Scenarios areas; • Use scenario results to reduce earthquake risk; and • Seek community involvement in scenario development and application of results. Facilitate Partnerships for • Identify potential partners to assist in addressing Commission Seismic risk Reduction goals; and • Involve Federal, State, Municipal, and Private sector in addressing goals. Critical Facilities • Assist in prioritizing and identification and mitigation of facilities Earthquake Risk with life safety issues; Reduction • Develop work•plans in collaboration with State and local agencies /gobernm e n ts; • Identify current legislation /programs adopted by other states /countries; • Foster contacts with proponents who have had seismic risk mitigation successes; • Identify pertinent code and construction requirements and potential limitations; and • Recommend improvements including policy changes, legislation, and public outreach. Earthquake Insurance in • Review current trends and provide advice; Alaska o Review existing "white paper" and update as appropriate; and • Develop "pros and cons" brochure describing earthquake insurance issues. Promote Seismic Hazard • Identification and characterization of seismic risk hazards; Identification • Definirionand description of seismic risks; • Seismic risk and hazard research; and • Dissemination of seismic risk and hazard information to State and local governments, the public, and industry and scientific and professional. community. APPENDIX C EARTHQUAKE ACTIVITY IN 2011 Alaska Earthquake Information Center (AEIC) personnel at the University of Alaska Fairbanks continue to monitor and process data from the combined Alaska regional seismic network (fig. 1). Over the past year we have implemented a number of changes to the processing system at AEIC to improve performance in many ways. Last year we upgraded our ShakeMap (SM) system to version 3.5, with real -time SM production controlled by the Antelope seismic monitoring system. During this reporting period we have been working to improve AEIC- produced ShakeMaps by refining how our attenuation models and event magnitudes are chosen. We continue to maintain the Anchorage Strong Motion stations through partnerships and agreements with the school district, municipality, various churches and fire departments, and now the Alaska Volcano Observatory. We are currently improving the network by upgrading 19 K2 stations with ARRA- funded, NSMP- provided Basalts with external EpiSensors. In February 2011, AEIC staff performed the first 2 of these upgrades and provided training to AVO staff on installation procedures. The responsibility for on- site work now rests with AMC, who resumed the installations in October 2011. Altogether, 5 stations have been upgraded and 14 remain to be done. In the past year we have continued upgrading and expanding the broadband seismic network. Eight sites with short - period sensors were upgraded with 3 -c broadband and 3 -c strong motion sensors. Two other analog short - period stations were upgraded with digital 3 -c broadband sensors only. 770 �N Agency: 72 N F ^A . 1 2 Type' "AEIC r80 AO _....s..1.- ---.; 4 SP , 'AVO �r " '-- 170 W 760 W 150 W 1 �� .- ::‘ •BB bATWC sdf__� • SM IRIS 65 r 'a, ✓ s 4 . { a •BB.SM *ANSSMS 3i s lj . t 4, t 6 •SPtSM , ft Canada :Neat a °% �4t k. -NSMP / s t V "�5�. +� f It % ' y '" - "Omer R ussia # N ,IPt = . Al aska r'I ?j a , t 6 4 N g1 tEt r* ✓� ` k ` ss. 1 yi i t.., us er 3 i Canada,, i y qN N 3 e', (. ' 1 @ < y f � � '" . i1 t � 'i y e y t ' p d.�? 1 6, 1;1=- v e , �z° r + 1 � yXti�Rips�r r*��`� 1 O OCI - , ? >> t gl I * 43a` l a 1 \s NN.; y u:, � 4 • l Y e `i YY' '4 `PN , C't 1 S2 ii a k\ - , . , 4`i '� . ALS e � � • >cQ V 2.°": - � t ' 130 - -.2!“ 170W t6ow —150W Figure 1. Map of seismic stations. February 2012 29 We have also strengthened our telemetry by adding three new 56K circuits, two of which are replacements for analog circuits, and by installing Marmot field processors at three critical hubs, improving compression and reliability at a total of 20 stations. Finally, we improved our telemetry at the Ragged Mountain hub by changing frequency keys to minimize interference. Summary Statistics for, Regional/Urban I Number Station Response Information in Seismic Network dataless SEED volume(s) Total no. of stations operated and /or 567 recorded Total no. of channels recorded 2051 No. of short-period (SP) stations 259 No. of broadband .(BB) stations 323 No. of stations maintained & operated by 164 Station response information for 90% network of stations (all except short period No. of stations maintained . (Si. operated as 81 stations) submitted to IRIS DMC in part of ANSS dataless SEED files (see below) CONTINUITY OF OPERATIONS AND RESPONSE PLANNING The continued operation of the,AEIC seismology lab, telemetry, recording and analysis during an earth- quake crisis depends on communications, electrical power and access to the facilities. Unlike Anchorage or Palmer facilities, the Fairbanks operations areremoved from the great earthquake region of the stare, where the likelihood of a facility- damaging quake is higher. However, we have taken steps to secure-our critical equipment by providing backup electrical powerwith a 35kW diesel generator and a 12.5kW un- interruptible power supply located on site. The computer facilities are redundant. We rely on a diverse data communications system, with leased circuits from multiple carriers, VSAT sys- tems, the public internet, and local data radios. We began using cell phone modems at a number of sites in interior and southern Alaska for data deltvery-iit.real time. There are plans to add a VSAT at AEIC as an additional independent route to'tlse internet in time of crisis. For voice communications we have access to an Iridium satellite telephone. Some of our data is provided to us from the West Coast and Alaska Tsunami Warning Center and the Alaska Volcano Observatory, Anchorage office. Both of these network operators receive and record data prior to sending. it to our facility. This arrangement allows continuity of data recording in the -event of a serious power or communications outage. AEC completed a draft Continuity of Operations Plan (COP) in March 2010. We will finalize this plan after receiving updated COP.guidelines from USGS. Additionally, the Geophysical Institute issued a new Emergency Action Plan 2010 for the Elvey Building, which houses the AEIC:facility. 30 Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature 2011 EARTHQUAKE ACTIVITY From January 1, 201 1 to November 16, 2011, AEIC reported a total of 22,096 events within the combined seismic network (fig 2.). The events range in depth from 0 to 270 km, with the deepest earthquakes located in the central Aleutian arc. The magnitude range of reported events is between -0.2 and 7.3. There were 189 events with magnitude 4.0-4.9 (-20 events per month on average), 36 events with magnitude 5.0 -5.9 (-4 events per month on average) and 4 events with magnitude 6.0 or above. The largest earthquakes (MW 7.3) occurred on June 24, 2011 in the Fox Islands region of Aleutian Islands. The magnitude of completeness of the AEIC earthquake catalog for the reported time period is estimated to be 1.4 for the authoritative region and 2.5 for the Aleutians. Depth: Size: e 0 -30 km ) 1- � Z N • M=1.0-3.9 g0 O 30-100 km c /1/ F 7 o M =4.0 e 100 -150 km !� ` 170 W160 W150.` . 0 ° M=5•(1 t % �,� ti r .. ./ C '" "1 " : (' r \t$1,7":1.1'.'.1-1;:'`' , tt a t . • = r ., a (�, �7rban "N§ • G .- f ,r i4 ' t ` 0 N 6N.' x ;� i rt 6N < ' , F '` �a� h, % C t.Sz a s z s a r . a r / e / i , 41 F N 41=4.7.1/4,x• �,r - e 7 . w t t � , :. x 4 s 'a T. s z ' ,, fit, ,� . �'"' . "`' • QF z6t .e'vIv? .r x r F + a - t : t + f K z 4 t 3 � t r : t1 ' :cc, i` a c� ti t r ) t to 78 1 f ,,= i ' o`W 170 W 160 W 150 W Figure 2. Earthquakes reported by AEIC between January 1 and November 16, 2011. The box outlines AEIC's authoritative region for earthquake submissions. NOTABLE EARTHQUAKES FROM THIS REPORTING PERIOD January 23, 2011 M5.2 Kantishna Earthquake Mainshock and aftershocks A moderate earthquake occurred in the central region of Alaska and was located 7 km (5 miles) E of Kantishna and 93 km (58 miles) W of Cantwell (fig -3.). About 80 aftershocks were located in the first 24 hours after the mainshock with magnitudes as small as 0.4. The largest aftershock, of magnitude 3.9, oc- curred about 21 hours after the mainshock. This event was located inside Denali National Park. The area is instrumented with a dense array of high quality seismometers, which allowed AEIC to detect and locate small aftershocks: February 2012 31 -.....-...:$.7- • Felt reports This event was felt widely in central Alaska, as far as Fairbanks in the north and Anchorage in the south. The largest intensity of shaking (IV, light) was reported in Cantwell, Clear and Talkeetna. Source mechanism Both the mainshock and largest aftershock are strike -slip earthquakes. The faulting can he associated either with the right - lateral motion on W.I trending fault or the left - lateral motion on N -S trending fault. Tectonic summary This event was located within the Kantishna seismic cluster. It is a very active source of crustal earth- quakes located between the NNE-trending Minto Flats seismic zone to the northeast and the Denali fault to the south. This cluster is believed to accommodate deformation caused by interaction between these large crustal tectonic structures. Dozens of small earthquakes occur in the cluster every week. This is the largest event in the cluster since the magnitude 5.2 on December 8, 1984. 152 151 W 150 W 1 e . t t s`N` tAsat{ Mai d I�m@ ; " f 10 2 - € ` F ` , ` ', n • � E7 v i , 3 1 i4 F V' . ,p KTH t s v c 0 6330N� c s ' 2soA ,�a iir, *II .m 'kit? 63 30 N p it $ -a,. ` t . `�t c ip v t ` .k„t A ' ;,ai r J + ' l ,; rj ' 1 o ff :viaa .4' i l "X p ` na ti fi lit w i �'Z? , ',till? , [ 7 } 63 00 N , � [ 3 o �pp, 4' i / / ' ,,63 00 N 152 -W -151 W 150W Figure 3. January 23,2011 M5.2 Kontishna Earthquake (yellow circles - crustal seismicity for the past 12 months red stars'- MS.2 mainshock and M3.9' aftershock; white, circles - 04/30/2010 aftershocks; grey triangles- seismic stations; red lines - faults; black lines - roads). 3 2 Alaska Seismic Hazards Safety Connnission Report to the Governor and State Legislature June 24, 2011 M7.3 Fox Islands earthquake Mainshock and aftershocks A magnitude 7.3 earthquake occurred on Thursday, June 23, 2011 at 6:09 pm AKDT (June 24, 03:09 am UTC) in the Fox Islands region of Alaska (red star on fig. 4). It was located 195 km (122 miles) ESE of Atka and 236 km (148 miles) SW of Nikolski. AEIC located about 500 aftershocks (white circles on fig. 4) through end of October 2011. About 50 aftershocks have magnitudes 4.0 or greater. The largest aftershock of magnitude 6.8 occurred on September 2 at 10:55 UTC (2:55 am AKDT). Due to the lack of seismic instrumentation in the region, only aftershocks of magnitude about 3 and above can be detected. Felt reports The mainshock was felt in many Aleutian Island communities, with the strongest intensity of shaking reported in Nikolski (intensity VI, strong). Tectonic summary The Aleutian Islands region, where the Pacific plate is being forced under the North American plate, is one of the world's most active seismic zones. In 1957, a magnitude 8.6 Andreanof Islands earthquake rup- tured a —600 kin-long portion of the plate boundary in the central Aleutian Islands. The June 24, 2011 M7.3 earthquake is located in the central part of the 1957 rupture zone. In 1986, a portion of the western half of the 1957 zone failed in an earthquake of magnitude 7.9. In 1.996 another magnitude 7.9 earthquake appears to have completed the re- rupture of the western end of the 1957 zone, immediately westward of the 1986 region. No other major (magnitude 7 or greater) earthquakes occurred within the 1957 rupture zone up until June 24 event. The depth and faulting type of the June 24 earthquake are consistent with it being an intraslah earthquake, i.e. it occurred inside the subducting Pacific plate rather than on the plate interface. a wm. u o g m .,Aa { �qt �" a °5 a^d;t nr` !1 C f�Ep�,r xr !:11!):€4? 54 N r ,p c 1:1 6 „did 00i C s ill: OOalF r p 4 ' A ' S h ti'H 6 i "o 53 N . 'is P : -,4x �' x.1957 i s y3xf ' ;: ; 4 r ; P t , ' . y a 51 N z p ( S^ i 1 ^ ` ls 174 W 172 W 170 W 168 W Figure 4. M7.3 June 24, 2011 Fox Islands earthquake. February 2012 33 September 2, 2011 M6.8 Fox Islands earthquake Mainshock and aftershocks A magnitude 6:8 earthquake occurred on Friday, September 2, 2011 at 2:55 am AKDT (10:55 am UTC) in the Pox Islands region of Alaska (red star on fig. 5). It was located 182 km (114 miles) E of Atka and 21 I km (132 miles) WSW of Nikolski. This is an aftershock of the magnitude 7.3 earthquake that oc- curred on June 24 (yellow star on fig 5.). AEIC located about 300 aftershocks of the magnitude 6.8 event through the end of October, 2011 (white circles on fig. 5). About 20 aftershocks have magnitudes of 4.0 or greater. The two largest aftershocks, both of magnitude 5.7, occurred on September 19 and October 25. Due to the lack of seismic instrumentation in the region, only aftershocks of magnitude about 3 and above can be detected. Tectonic srunmary The Aleutian Islands region, where Pacific plate is being forced under the North American plate, is one of the world's most active seismic zones. In 1957, magnitude 8.6 Andreanof Islands earthquake,ruptured a —600 km -long portion of the plate boundary in the central Aleutian Islands. Both the June 24 M7.3 and September 2, M6.8 earthquake are located in the central part of the 1957 rupture zone. In 1986, a portion of the western half of the 1957 zone failed in an earthquake of magnitude 7.9. In 1996 another magnitude 7.9 earthquake appeared to have completed re- rupture of the western end of the 1957 zone, immediately westward of the 1986 region. No other major (magnitude 7 or greater) earthquakes occurred within the 1957 rupture zone up until June 24 event. Depth and faulting type of the June 24 and September 2 earth- quakes are consistent with them being intraslab earthquakes, i.e. they occurred inside the subducting Pacific plate Lather than on the plate interface. 1 ' �, : ,; 4 N 31 1 1. ,' d !, ' 3 5 P , 0 f ; 00 1 s' t+' :76'614 . y ; tt , , ` , t s r z Y 3 , 'S . it- x i. A ape J T � � `ea >f r�_ Y 4M / t Q " � , 77: c : 53 N 4 : ' r P 4 r a t! . �� t 7..4rrrk�95 8 `.` 0 �.' U t ro, „� MB,E r R' r'' S2 N P .+ s } .: . r .-- : . ' 51 N 174 W 172 W 170 W 168 W Figure 5. M6.8 September 2, 2011 Fox fslands earthquake. 34 Alaska Seismic Hazards Safety Cormrission Report to the Governor and State Legislature . KODIAK ISLAND BOROUGH 1 �a ' AGENDA STATEMENT , 'o REGULAR MEETING OF: MARCH 1, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2012 -18 Rezoning Tract 2 of Tract A, Bells Flats, Alaska Subdivision From I- Industrial To LI -Light Industrial (P&Z Case 12 -027). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordianance No. FY2012 -18; P &Z Case Packet 12 -027 APPROVAL FOR AGENDA` /%� C-4)� %��� "� SUMMARY STATEMENT: ss" A petition for the rezone of Tract 2 of Tract A, Bells Flats, Alaska Subdivision in Womens Bay came as a request before the commission. The commission voted unanimously to approve this rezoning request because it was consistent with the Womens Bay Comprehensive Plan which discourages I- Industrial zoning in the community and it met the needs of the owner to build closer to the property line. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -18 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: CDD Director Drafted by: CDD Director 3 Introduced: 02/02/2012 4 Public Hearing: 5 Adopted: 6 • 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -18 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING D -2 OF TRACT A, BELLS FLATS, ALASKA SUBDIVISION 12 FROM I- INDUSTRIAL TO LI- LIGHT INDUSTRIAL (P &Z CASE 12 -027) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract of 15 land 1.53 acres in size and located in the Bells Flats Subdivision in Womens Bay from I- 16 Industrial Zoning District to LI -Light Industrial Zoning District; and 17 18 WHEREAS, the Commission held a publicly advertised meeting consistent with KIB 19 17.205.040; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this large 22 lot be rezoned finding that the public necessity, convenience and general welfare and good 23 zoning practice would be forwarded by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall not become a 32 part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: D -2 of Tract A, Bells Flats, Alaska Subdivision is rezoned from I- Industrial to 35 LI- Light Industrial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.72.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 The rezone of D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to 44 implement the recommended goals and objectives of the 2006 Womens Bay 45 Comprehensive Plan. The rezone promotes the rural residential character of Kodiak Island Borough Ordinance No. FY2012 -18 Page 1 of 2 46 the community and encourages the discontinuation and phasing out of 47 heavy industrial uses in the area. The rezone would provide benefit to the 48 land owner and preserve the current and planned use of the site for light 49 industrial purposes while providing assurance to the community that the site 50 will not be redeveloped for heavy industrial use in the future. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan. 54 55 The rezone of D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial 56 to LI -Light Industrial will provide an incremental movement towards 57 conformity with the 2006 Womens Bay Comprehensive Plan. The rezone 58 advances the objectives of the comprehensive plan as it relates to the 59 Womens Bay community. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2012 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 Kodiak Island Borough Ordinance No. FY2012 -18 Page 2 of 2 ** * * * ,jy Kodiak Island Borough * 41; - v Community Development Department 710 Mill Bay Road , - Y ,. ;• ∎% ' A;' Kodiak, Alaska 99615 '' 2% Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us January 19, 2012 Mr. Jeff Steele PO Box 3369 Homer, AK 99603 Re: Case 12 -027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. Dear Mr. Steele: The Kodiak Island Borough Planning & Zoning Commission at their meeting on January 19, 2012 moved to forward the request cited above, recommending approval, to the Borough Assembly, Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: 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 assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: Page 1 of 2 FINDINGS OF FACT 17.72.020 A, Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sin QC5 of Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission C) Case 12 -027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is !- Industrial. Cassidy reported the original application was for a variance but it was withdrawn from December's meeting. The applicant is requesting to rezone to Light Industrial which aids his effort to build these mini warehouses. Staff recommends approval because it meets the objectives of the Womens Bay Comprehensive Plan that talks about phasing out some of the heavy industrial kinds of uses. Staff recommends the commission approve this rezone with a recommendation to the Assembly to rezone. COMMISSIONER SCHMITT MOVED recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Finding as to the Need and Justification for a Cha or Amen The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. ROLL CALL VOTE CARRIED UNANIMOUSLY ! VOTE OLD BUSINESS There was no new business NEW BUSINESS A) Elections - Chair & Vice Chair Cassidy stated the commissioner holds elections every year for chair and vice chair. CHAIR TORRES opened nominations for chair 1/18/2011 P &Z Minutes Page 4 of 6 NOVEMBER 30, 2011 D GC EOMC PLANNING AND ZONING DEC - 1 2011 . 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D -2 OF TRACT A, BELLS FLAT PLAT 88-20 PROPERTY ID # R- 90020040000 WE ARE REQUESTING A RE-ZONE OF THE ABOVE REFERENCED PROPERTY FROM •• NDU R , APTER 17.105, TO LI -- LIGHT INDUSTRIAL, CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE #12-017, STATED ON PAGE 7 OF 8 " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER D) Case 12-025. Request a Review of proposed Assembly ordinance that seeks to exempt hoop house installation from the requirements of the Borough zoning code by relaxing various zoning regulations affecting setbacks, lot coverage, building height and the installation of hoop houses on a lot without a main structure. The applicant is the Kodiak Island Borough Assembly. The location is various residential zoning districts throughout the island and the zoning varies. Cassidy reported presently staff looks at hoop houses as an accessory building that have regulations associated with its height, setback, and location. Staff has been working with gardeners in crafting a new ordinance. This ordinance promotes hoop houses by relaxing the typical building and zoning regulations. The borough attorney has helped draft it. COMMISSIONER VAHL MOVED to forward Ordinance FY2010, an ordinance relaxing portion of Title 15 (Building Code) and Title 17 (Zoning Code) to the Borough Assembly recommending that this ordinance be adopted and incorporated into the Borough code. The public hearing was opened & closed. Public testimony was given by: Marie Rice spoke in support of the request stating she has been hoop housing long for years. Rice also thanked the commission. Marion Owen spoke in support of the request thanking the commission and stating it takes a lot of courage for a community to embrace something new like hoop houses. During discussion, commissioners expressed concern with drainage issues and the 1 foot setback There was consensus to amend the motion to add to have a review every 2 years of the ordinance and strike the word "plastic" from lines 74 and 94. COMMISSIONER WATKINS MOVED to amend the motion to add "Whereas, there will be a review every two years of this ordinance, and to strike the word "plastic" from lines 74 and 94." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY E) Case 12.017. Request a Variance, from KIBC 17.105.040.0 (Rear Yards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen feet into the required twenty foot rear yard setback. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is I- Industrial. Cassidy reported the applicant has withdrawn his request for a variance and he will have a rezone before you at the January regular meeting. OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) November Planning & Zoning Case Results Letters B) Letter of Courtesy & Advisory Re: Storage and Processing Junk Vehicles On Property Not Zoned For Use C) Letter of Courtesy & Advisory Re: Vehicle Storage on Property Not Zoned For Such Use D) Letter of Trespass E) Letter of Courtesy & Advisory Re: Gravel Extraction F) Notice of Trespass Cassidy gave a brief report on the communications. 12/21/2011 P &Z Minutes Page 5 of 6 Public Hearing Item 7 -C Current Location Request: An investigation, according to KIBC 17.205.030.0 to P & Z Case # 12 -027 rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from Owner: Jeff Steele I- Industrial to LI -Light Industrial. Agent: Ken Knowles 4 :+j1 2. 1, ' . / ' i . . 7 ' ' 40 a- ,. IAL gfr - t ier"---- \ \i, r e f tgli, ' t � C. # IP , r444lik<444,11( 0 II re 1: :c . 4 0 , , �" r �� ` 0111 ,/li S 444:-':, - f t., - - L .- - ' - \...." ‘ t . , . ..... ,,, 0 - . i-.... _ ...,.... ,, \ ' . •-....., — , m';0. . * • • • • Il .: . NI' 1 A . ,... •.• 4 , fir , ,� . • t ' ` `• I • i l l t k 0 'r J f , '• 'r ' ' • a y t % Kodiak Island Borough GIS .b . 'I "' Legend This map was prepared from the Kodiak island Borough's GtS System. St is provided for the purpose of showing the general foration 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 t51and Borough IT Department at (907) 486 -9333. Introduction - Page 1 of 6 Public Hearing Item 7 -C _ S I 00 _ i nflrt raH y _ o C0 0 0 0 Introduction - Page 2 of 6 Public Hearing Item 7 -C Kodiak Island Borough Zoning Map _. Community Development Department Current Zoning Request: An investigation, according to KIBC 17.205.030.0 to ill P & Z Case # 12 -027 rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from Owner: Jeff Steele I- Industrial to LI -Light Industrial. Agent: Ken Knowles III 885 0 285 570 1.14 ) _ 85) l I I t t i t I 2 Feet 3 4 l 6 /' . 1 1 L g \ 4 '..; ill --„_ 461 V a e e - � .. 2 0 �p J `O ^' a • M1 1� �o 4 . .$ 4 ry ' J _ �� V das i * / .._... r r 4 . "0°14 ` / t \ 1 V Vill .? 1 0 0 / ''), i .. - h itti.... Ahlk. Zoning Legend Public Use Lands I Rural Residential 1 [ Multi Family Residential Light Industrial 1 //1/1 Watershed ® Rural Residential 2 I Business Rural Neighborhood Commercial 1 Conservation Single Family Residential Retail Business -_ Urban Neighborhood Commercial Rural Residential Two Family Residential I Industrial Natural Use 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. Introduction - Page 3 of 6 Public Hearing Item 7 -C I— J ft i ,� _ _ _ 9 c 0_ ,Oft ED 0 n k Introduction - Page 4 of 6 Public Hearing Item 7 -C Kodiak Island Borough Land Use Map �° A C ommunit Development Department Community p p Current Use Request: An investigation, according to KIBC 17.205.030.0 to P & Z Case # 12-027 rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from Petitioner: Jeff Steele I- Industrial to LI -Light Industrial. Agent: Ken Knowles ` 0 245 490 9&•0 MHR SFR t r r r r r r SFR SFR Feet 1ST SFR VAC SFR 111001 1 11 p IND alt VAC IND VAC lifr VAC MHR SFR „. „.„--- ------ SFR VAC VAC = Vacant GRS = Gear Shed IND = Industrial MHR = Mobile Home Residence SFR = Single- family Residential 1ST = Institutional 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. Introduction - Page 5 of 6 Public Hearing Item 7 -C L s P ° . ____ nterc Da , y _ • -1 L n E , D_oD Introduction - Page 6 of 6 Public Hearing Item 7 -C KODIAK ISLAND BOK - COMMUNITY DEVELOI✓Iv DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property Information ■ /C CF 977-..Z -c Z2*3 . Property ID Number /s Property owner's name / e X 3 ( 9 9 . . (r' a -2 °E 4 * a-s ?car P,S — Legal Description Property owner's mailing address HH alfn ' /d',- '9c ..3 Current Zoning: — ,t.erLsrr�rry Q, . City State Zip Applicable Comprehensive Plan: 2. 0 40 W`Ms.sy g03, PG.. Q.07- 447' 2248 Year of Plan adoption: 2-ee6 Home phone Work Phone E -mail Addr. . Present Use of Property: (,J aArc_L.oyte. c 4 %/,-x KA/6A)zeS � " 2 Agent's name (If applicable) • Agent's mailing address • ,,.\� l � P �� • Proposed L Use / o � f Property: _____,A ..e..- 40 /1- (44,11 7� 7 f�ae8'tsfriaY City State Zip 507 t . 6222 r 142. • Home phone Work Phone E -mail Addr. A. %r5fi/Z'�tio, nu (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is i 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�Narraattive/Hlstory / As -built Survey _ Photographs _ Maps • Other • �l,' `� °�� //M' /1/ W 4 tY,✓ h / L Property Owner's Signature Date Authorized Agent's Signature Date 'A 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, @1993 by Rutgers University) • STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: ( - 3, (2o Li- — t-4 24,-42. 014 / • 1 -4, roC r - S„ o .Q • • Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.8) $250.00 ICI ; , ;; , c ., r; ,,, : u :,,,_ Other (appearance reque , site plan review, etc.) $150.00 ::'a,_,` i , • 10 Zoning change from t (� (KIBC 17.72.030 and 030.0) Q l r : i l I . r Kadiakithind Bo t igh iv / / / Application received by: , r , FlnanceaenartrnPnr . Staff signature • V fib. cal _ Application - Page 1 of 4 Public Hearing Item 7 -C NOVEMBER 30, 2011 ECEngED DEC Z PLANNING AND ZONING KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D -2 OF TRACT A. BELLS FLAT PLAT 88-20 PROPERTY ID # R- 90020040000 WE ARE REQUESTING A RE -ZONE OF THE ABOVE REFERENCED PROPERTY FROM I -- INDUSTRIAL, CHAPTER 17.105, TO LI - LIGHT INDUSTRIAL, CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE #12-017, STATED ON PAGE 7 OF S " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER Application - Page 2 of 4 SAO I . - -- VINCINITY MAP SARGENT CREEK ROAD u EDGE Gr PAVE T; (50 WIDE) .70o9-51 f _ PIAT NUMBER PIED 4 D BY IN G LY` Iyy MIMIC M EDGE Dr PAVEMENT { I V M {'p 1 9 ..-"--.. TIME 710 MILL SAY ROA.0 REQUESTED G yq ] 044' Y E • Y KODAK ISLAND BOFDU41 XODIRR, PL1iRA MI6 GRAVEL ON Q _ E 0 0 1 ACCESS AND UDLItt E4SEMEM t l y � "" 'A OWNERSHIP AF °8a MK I / / _ a ss]. La —� I 'n oRNE a ' D ]st i � m IIP IR C➢P! )W [ nECtlSR BC WOW ESSD IPRO� w ' i / N Fj { D38 32 ^ m �, m,. Iuc uDOVm RaRU NeEn, xuri, _-- ; . Y V1 { � m0 T� I� ROL MK LOI@IX 5l..' 1 F ��1Or/E I NF° 1 '% :'orc E t okw t eoock - i 1`j; .r' ,I:. !1 .�tIIII y ot(l 4 . Er, 1.. k 5 • ` $ s '110M,- 1sD, nt'1 //_ ov:re n, /•avrr✓5/ T • y 8 1 . c re a £ ° E D .. t S TAR CERTIFICATE' m ,o z - 1 r 0c •y EOI9RY RM .4IIlODNY[16Dq SMV➢'uv ONP Lwu W ol� $ I ,' , • � f j{ !"D II : ®YD[NYe Ito Ytl.I N — 1 'A�, . I'BCl / J pYY RAW oeAL' _ 0 / E . L..._... N D i n n I IB Y 3y GP -1 .. _.. TRACT D -2 �,. y.� r" two Pula am 71soc [mesa TS o \.. .k` 1 3 ACRES ... r .. �� UEI � ' max r' APPROVAL r 9 A. VIED LDS tam Q-"o-Jfy1PS . 4RYn 1- ?7 -lyf{ two' A oneo \ ` _ c(` ���� v...\% N L p] z9 W mn wi WB '. .. ortmlur UA �¢ ,„,-._>,;97, \ S CCR u< a+ ` ]5 cream cox D • . E_.: yJ.00'7 D ,j�` ■ 'TED STATES C ST ®a., ... I,I.'t111w UN D' 30 i , 1- . . V Ne . I .n 4 7 _ D REFERENCES : I.p LOaca: It 1 IRO o-] PLT 88 -20 RECORDED IN THE \OA( RECORDING DISTRICT JUNE 1, 1988, 1 p' NCI A 00 RMS EMI= USG CF D I2S ND CF DS m Amu gam r = sow SUBJECT TO ALL CONDITIONS SERVITUDES EASEMENTS, COVENANTS. RESERVATION, RESTRICTIONS AND RIGHTS OF WAY OF RECORD. jirrs Public Hearing Item 7 -C h Co ° (Th on � r ° 1E 0 r k Application - Page 4 of 4 Public Hearing Item 7 -C Current Location Request a rezone, according to KIBC 17.205, 220 Sargent Creek Rd to consider a change of zoning from I- Industrial P & Z Case 12 -027 (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) Jeff Steele for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. 4 sai lli A ll -0 0 —■ - .. 1 gi lt • 3., ,. ,"94,„ 4 li\ ,,,.%,, t t 0PO ,..., „...,_ t ie e N .---S / 4 ... .. ,4, � a vd S _ , Kodiak Island Borough GIS Legend N 1 4 Q 0 . . Feet I I Subject Parcel W Nt E 3 t 790 t 1,580 II Notification Area S This map was prepared from the Kodiak Island Borough's GI5 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 (90])486-9333. Public Comment - Page 1 of 4 Public Hearing Item 7 -C KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 December 7, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 18, 2012. The meeting will begin at 6:30 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: 12 -027 APPLICANT: Jeff Steele AGENT: Ken Knowles REQUEST: A rezone, according to KIBC 17.205, to consider a change of zoning from (- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. LOCATION: 220 Sargent Creek Road ZONING: 1- Industrial 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. Written comments must be received by 5 pm, January 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith @kodiakak.us. 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. One week prior to the regular meeting, on Wednesday, January 11, 2012, a work session will be held at 6:30 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: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 4 Public Hearing Item 7 -C UNITED STATES COAST GUARD KODIAK ISLAND I3OROUGH BRECHAN ENTERPRISES INC P.O. BOX 5 710 MILL BAY RD P.O. BOX 1275 KODIAK, AK 99619 KODIAK, AK 99615 KODIAK, AK 99615 STEELE PROPERTIES K LIVESTOCK CO -OP JEFF STEELE P.O. BOX 273 PO BOX 3369 KODIAK, AK 99615 HOMER, AK 99603 Public Comment - Page 3 of 4 Public Hearing Item 7 -C Trpr „__ ri c) 0 , Inth tona y L eft BI0 Public Comment - Page 4 of 4 Public Hearing Item 7 -C MEMORANDUM DATE: December 22, 2011 TO: Planning and Zoning Commission FROM: Duane Dvorak, Associate Planner Community Development Department SUBJECT: Information for the January 18, 2012 Regular Meeting CASE: 12 -027 APPLICANT: Jeff Steele AGENT: Ken Knowles REQUEST: An investigation, according to KIBC 17.205.030 (C) to rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial. LOCATION: Tract D -2 of Tract A, Bells Flats Alaska Subdivision; 220 Sargent Creek Road ZONING: I- Industrial Five (5) public hearing notices were mailed on December 7, 2011. Date of site visit: November 2, 2011 1. Zoning History: The 1982 Womens Bay Community Plan identified this area as Industrial. Tracts D -1 and D -2 of Tract A, Bells Flats Alaska Subdivision were rezoned from Unclassified to (- Industrial by Ordinance 69 -30 -0. Two variances were granted to adjoining Tract D -1 to build a structure on an existing foundation that encroached within the front yard setback along Sargent Creek Road, Cases 88 -046 and 93- 001. 2. Lot Size: 1.53 Acres 3. Existing Land Use: Shop, Warehouse, Outdoor Storage 4. Surrounding Land Use & Zoning: North: Lot 4, Block 2 of Tract A, Bells Flats Alaska Subdivision Use: Vacant Zoning: PL- Public Use Land Zoning District South: Tract D -1 of Tract A, Bells Flats Alaska Subdivision Use: Storage Zoning: I- Industrial Zoning District Staff Report - Page 1 of 6 Public Hearing Item 7 -C East: Lot 7, U.S. Survey 2539 Use: Vacant Zoning: C- Conservation West: Block 3 of Tract A, Bells Flats Alaska Subdivision Use: Industrial Zoning: Industrial Zoning District 5. Comprehensive Plan: The 2007 Womens Bay Comprehensive Plan Update identifies this area as Residential. (Note: staff believes this designation may have been in error, however it is clear from the plan narrative that industrial uses are not encouraged in the body of the plan. For example, the plan map shows the "B" Tracts designated for Recreation /Industrial, an indication of the eventual transition of this site from resource extraction to a reclaimed recreation area. The "Slaughterhouse" site is also designated for Commercial use even though the site is current zoned I- Industrial) 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: KODIAK ISLAND BOROUGH TITLE 17 - ZONING 17.05.020 Purpose. It is the purpose of this title to promote public health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. 17.05.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. Staff Report - Page 2 of 6 Public Hearing Item 7 -C 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough;... ... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. (Adopted by Ordinance No. FY2007 -12, dated March 15, 2007);... I- Industrial LI -Light Industrial 17.105.010 Permitted uses. 17.120.020 Permitted principal uses and The following uses of the land are permitted in the structures. The following land uses and activities industrial district: are permitted in the light industrial district: A. All uses permitted in B business district, except A. Automobile service stations; residential; B. Aircraft, automobile and truck assembly or B. Automobile and boat sales, storage, and repair; remodeling; C. Asphalt batch and mixing plant, manufacturing or C. Manufacturing (e.g., boat building, crab pot refining; construction, cabinet making, welding and fabrication, etc.); D. Assembly of music and vending machines; D. Outdoor storage, when screened by a sight - obscuring fence a minimum of six feet in height; E. Auction business; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Beverage manufacturing; F. Warehouses; G. Boat building, repair and storage; G. Wholesaling and distributing operations (excluding bulk fuel operations); H. Cabinet shops; H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity; I. Concrete mixing batch plants; I. Utility and service uses (e.g., substations, etc.); and J. Coal storage yards; J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established. K. Dwelling units for a watchman or caretaker on the premises; • L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; • O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; Staff Report - Page 3 of 6 Public Hearing Item 7 -C U. Outdoor storage; V. Paint shops; • W. Public uses; • X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; 1313. Steel fabrication shops or yards; • CC. Vehicle impound lots; • DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. I- Industrial LI -Light Industrial 17.105.020 Conditional uses. 17.85.020 Conditional uses. The following land The following uses may be permitted by obtaining a uses and activities may be allowed by obtaining a conditional use permit in accordance with the conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage A. New airports (when a facility is granted a CUP, all aviation - related uses will be considered permitted uses); B. Ammonia, bleaching powder or chlorine B. Institutional facilities (e.g., hospitals, fire stations, manufacture; group homes, correctional facilities, etc.); and C. Cement, concrete, lime and plaster manufacture; C. Junkyards and salvage yards. D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. STAFF COMMENTS This case is related to recent Variance Case 12 -017 which was withdrawn by the applicant after being postponed at the November 2011 regular commission meeting. The petitioner was requesting a variance to allow a 25 by 125 foot ministorage warehouse to be located 15 feet into the required 20 foot rear yard setback. During the review for that case staff had indicated that an alternative to the variance might be to request a rezone to LI -Light Industrial which seems to allow for the existing and proposed uses on the site. The attractive feature for the land owner is that in exchange for the more limited list of land uses available on this site the site would no longer have the onerous setback requirements of the I- Industrial zone. Although the request may appear on the surface to be a spot zoning of a single lot, staff believes that the Womens Bay Comprehensive Plan supports the reduction of industrial zoned land uses wherever and whenever possible. In this context, the change of zoning for a single lot may be considered appropriate if it is consistent with the goals and objectives of the applicable comprehensive plan and serves the interests of the larger community. Staff believes this request meets the criteria. Staff does believe that it would make more sense to consider both Tracts D -2 and D -1 since they are in common ownership, are similarly situated both being parcels derived Staff Report - Page 4 of 6 Public Hearing Item 7 -C from former Tract D and because both parcels are isolated from all other tracts in the area by road right -of -way. Staff has no desire to delay this request in order for the commission to postpone and expand the rezone area, however the commission could initiate a rezone of Tract D -1 separate from this case if it so chooses to investigate that option. Conformance with the Comprehensive Plan: The 2006 Womens Bay Comprehensive Plan Update promotes the predominantly rural residential character of the community and encourages the discontinuation or phasing out of heavy industrial uses in the long term view of the community. The plan map appears to designate this parcel (D -2) for rural residential, but staff is inclined to believe this is probably a mapping error rather than a correct designation given the location and historical use of the site. Aside from the plan map however, the plan narrative is firmly committed to promoting the rural residential character over heavy industrial uses wherever and whenever possible. A look at the permitted and conditional uses in the LI -Light Industrial zoning district shows this to be a good fit for the existing and proposed use of Tract D -2 which will preserve the current character and levels of property use while eliminating many potential industrial uses from occurring on this site. As the community has experienced in the past I- Industrial zoning can permit many uses that may be objectionable to the community and the community will have very little control over the permitting of many such uses. Zoning /use: The petitioner is currently using the site for various storage and light fabrication purposes. The LI -Light Industrial zone permits all of the uses currently existing on the site and those proposed for the site, such as mini - storage warehouse. Because this rezone is not a typical request to rezone to a higher zoning classification, not much is expected to change on this site in terms of the characteristics of use. Future development will be in keeping with the existing uses and structures, except that the LI -Light Industrial zone has no setback requirements. As indicated by the prior variance request however, it is unlikely that the land owner will endeavor to build on the property lines because that will require the same high level firewall construction that the petitioner was trying to avoid with the prior variance request. The LI -Light Industrial zone requires screening of outdoor storage items and while this may not apply to pre- existing uses, future use or structure development may be required to address the screening question on a case by case basis. The rezone is not anticipated to result in the creation of any nonconforming uses or structures. Land Suitability: Tract D -2 is developed with a number of light industrial uses and the site has been shown to be entirely suited for this purpose. No significant change to the character of surrounding area is anticipated as a result of the proposed rezone. Staff Report - Page 5 of 6 Public Hearing Item 7 -C Recent Development trends in the area: The area immediately surrounding the rezone site has been consistently used for industrial and public /institutional uses in the past. The biggest development trend in the larger community has been the systematic development of the rural residential community. From the original 3 -5 acres lots of the Bells Flats Alaska Subdivision the systematic subdivision of lots and replacement of rustic structures and buildings left over from military and agricultural days has largely been replaced with newer, code compliant residential development. Traffic impacts: No significant change to the traffic counts or traffic patterns is anticipated as a result of this rezoning. A proposed mini - storage warehouse is typically a low traffic use and the remaining uses of the site will remain as -is for the foreseeable future. RECOMMENDATION Staff believes the criteria for rezoning are met in this case and recommends that the commission forward this case on to the borough assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this case. FINDINGS OF FACT 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 rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from (- Industrial to LI -Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. Staff Report - Page 6 of 6 Excerpt from 2007 Womens Bay Comprehensive Plan SECTION 3: PREFERRED DEVELOPMENT PATTERN As stated in the previous section of this Chapter, the development alternative that best adheres to the guiding principles as stated in the comprehensive plan and in this plan is the compact rural neighborhood based pattern. The following information provides more detail on the characteristics of this preferred development pattern. Spatial Pattern (See Recommended Land Use Map) The preferred development pattern: Expands upon the traditional development pattern Separates rural residential areas from industrial areas with a discernible edge and buffer area Ensure that zoning districts are appropriate for an area that require on -site water and wastewater systems Residential areas contained within the community should continue to grow at very low densities, allowing rural residential and agricultural opportunities in the areas surrounding the existing developed areas. Infrastructure extensions into the rural areas should be limited to those addressing health and safety issues such as replacement of failing on -site wastewater treatment systems and provision of public drinking water. Neighborhood Pattern As the need for additional land becomes evident, new acreage should be added within the existing core areas, taking care to avoid environmentally sensitive areas and to continue to replicate the neighborhood pattern discussed within this section of the plan. Further, this avoids concentrating the land designated for residential development with one or two property owners. Land located within the community that is constrained with significant natural features such as floodplain and wetlands should be placed within a rural conservation designation. These areas should not be further subdivided or developed. Lands located outside of the Womens Bay core planning area should continue to be rural in character. Infrastructure extensions into these areas should be very limited if made at all. The Jack and Lee Lakes Natural Use area should be maintained in its entirety in a natural state and use restricted to activities that do not degrade its natural and wild character. Neighborhoods should remain large in scale, expand upon the traditional development pattern, be physically linked to other neighborhoods and to the two existing cores of the community via pathways, streets, etc., and contain a mix of uses where practical, with a continued emphasis on single family residences. Further, this pattern should include streets that are designed to serve the adjoining residences. Other features found within these neighborhoods should include connections into the trails network and shallow yard setbacks. Lot sizes should be kept to one acre or larger if needed to insure on site septic systems will function properly and not in the long term impair local ground water. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 33 December 2006 Appendix - Page 1 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan Business /Industrial Pattern The preferred development pattern continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway. This area has traditionally focused on automobile oriented business activities such as gas stations, restaurants, convenience stores and limited retail business. This focus should continue, though over time, a mix of uses including office and professional services should be introduced in a well planned manner. Access management and design and development standards should be given a high priority as development and re- development occurs. A renewed interest in building design, building placement, lighting, landscaping, and signage is necessary to promote a more positive and aesthetically pleasing entrance into the Womens Bay community. Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses. Basic employment opportunities in such activities as resource extraction will continue to be accommodated but in new locations outside of the immediate residential area. This recommendation is based on indications of existing conflicts between industrial uses and residential uses in the Core Plan Area. Existing industrial uses in the Core Planning Area should be phased out as opportunities for the relocation of such activities become available. Leases of Borough owned land for private industrial uses including gravel extraction should be granted for minimum duration terms, in the Core Planning Area. If existing industrial activities, including gravel extraction on Borough leased land are continued, lease agreements will contain operation stipulations to minimize impacts on near -by residential areas including limitations on hours and days of operation and permitted activities, No new industrial activities will be permitted in the Core Plan area. Industrial zoning will be permitted in areas of the Regional Planning Area outside of the Core Planning Area if such zoning is approved through the Borough zoning process. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 34 December 2006 Appendix - Page 2 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Identify and designate areas for public access in Womens Bay. Objectives: a) Provide an area for public launch sites for skiffs and small pleasure craft. b) Provide public access to the shoreline for recreational purposes including skiffs and small pleasure craft. c) Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non - motorized vehicles (i.e. ATV trails, foot paths, bike paths, horse trails, etc.) in the planning area. d) Develop transportation trails for non - motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 35 December 2006 Appendix - Page 3 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area . Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 36 December 2006 Appendix - Page 4 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan Chapter 6. Recommended Land Use Map LAND USE POLICIES This chapter presents policy statements for each land use category. The Recommended Land Use Map, (Map 12), is on page 48. Each land use category has different characteristics and considerations that must be brought into focus in order to provide for effective and reasonable Plan implementation through public investment, zoning and other regulations. Public Open Space Public open space areas are comprised of public parks, natural areas, greenway paths and existing major public opens spaces and recreational areas in the Womens Bay Planning Area. These public open spaces receive heavy recreational usage during all seasons of the year. Hunting, hiking, fishing, camping and picnicking opportunities draw many visitors to the Kodiak Island Borough who contribute to the local economy. These public open space areas will continue to play an important role in serving the Womens Bay residents and the local tourism economy. The Plan identifies about 90 acres of public use land zoning as well as park areas. Floodplains, riparian areas, steep slopes, wetlands and water supply watersheds are environmentally sensitive areas and carry inherent development constraints if they are to continue to function in their essential roles as part of the natural environment. Environmental protection overlay districts should be established for these areas. The Plan adopts the value that these special environments should be reserved and remain undeveloped and undisturbed, with the exception of non - invasive recreational uses. The Plan recognizes that all economic and recreational needs of Borough residents and property owners can be adequately accommodated on other accessible lands not impacted by such environmental features. Where public improvements are considered, the development of these improvements should be handled with great care and public scrutiny. The Plan supports conservation of these environmental resources through public reservation, regulation and, where necessary, acquisition. Industrial This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution /warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use and topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to the blasting, dust and heavy trucking operations. Areas around quarries where active blasting is occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource Extraction uses include all uses associated with the operation of quarries, such as the Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 47 December 2006 Appendix - Page 5 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan extraction, storage, processing and transportation of the quarry product. Business The character of the category is defined as that which is primarily intended to meet the essential business needs and convenience of Womens Bay area residents. Commercial uses may include a grocery, drug store, and branch dry cleaning establishments as examples. Compatible small -scale industrial uses can also be located in these areas. Business uses should be placed into cohesive groupings rather than on individual properties along the highways and access control should be emphasized. Its purposes are: to encourage the development of groups of nonresidential uses that share common highway access and /or provide interior cross access in order to allow traffic from one business to have access to another without having to enter the highway traffic; to discourage single family residential uses; to protect environmentally sensitive areas, and to maintain the character of the surrounding neighborhoods. Opportunities for business uses, such as, small -scale shops, home occupations and cottage industries, may be appropriate outside these areas as well. Residential The new residential development should be at a minimum lot size of RR1 (40,000 square feet) for existing lots. Other residential uses are also encouraged within this land use category at a density appropriate to ensure adequate water supply and wastewater treatment on -site. The mix of dwellings should be organized into a rational development pattern, rather than random lot -by -lot development. The B tracts would be converted into Open Space land and some potential residential development sites. It is not encouraged to develop residential uses adjacent to the B tracts if the industrial uses remain for the long term in their present location as this is contradictory to the objective of buffering residential uses from industrial uses. Institutional This category is defined as that which is primarily intended to accommodate uses of a governmental, civic, public service, or public institutional nature, including major public facilities, public utilities, and local government -owned property. 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O qj . / �' ./, l ill ,_ )i, cp_a3 00 "" .i. ) 7 / / i . •r „ 11 /l / ,, , , . lIti r 1 yr * th, ..-- _,- 44 ,4 4 ••-, , ',int` �a � �� ;f ��,���i� •�. ; ; � �1,r, . � IA' t / Y is . < ; r� ' I /'I' o thfil 1T,>I I, 41-4-0 \'44 ATIMV.4 ,-- Z 2 4 , 11SA I I* Al / f': i _ , / T.4 tft.-110/ '7 4 1 0 / iroii, • � irf I / , 1, / , 4 1 A II 11(1/1/ / III •,, • ► , /////////////////////, iiimINIII Excerpt from 2007 Womens Bay Comprehensive Plan \ 0 O O 0 e k .\\ Appendix - Page 10 of 10 KODIAK ISLAND BOROUGH k�� d aQ ;;;.1.771 AGENDA STATEMENT t `,' REGULAR MEETING OF: MARCH 1, 2012 ITEM NO.: 13.D.1 TITLE: Confirmation of the Assembly Appointment to the Board of Equalization. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Rohrer Application; Roster APPROVAL FOR AGENDA: dJ SUMMARY STATEMENT: There is currently one vacancy on the Board of Equalization for a term to expire 2014. The Clerk's Office received an application from Mr. Dan Rohrer on February 9, 2012 for the vacant seat. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. RECOMMENDED MOTION: Move to confirm the Assembly appointment of Mr. Dan Rohrer to the Board of Equalization for a term to expire December 2014. Kodiak Island Borough Page 1 of 1 Jessica Kilborn From: support @civicplus.com Registered Voter of the :.. t h: 0 No Sent: Wednesday, February 08, 2012 7:35 PM Applicant'sResidenct :arou/. city To: Nova Javier; Marylynn McFarland; Jessica Kilborn Term expires on: Subject: Online Form Submittal: Board Application Form Date appointed: Appointment letter Roster: Oath of Office: The following form was submitted via your website: Board Application Form Financial Disclosa e Select the Board, Commission, or Committee applying for: Board of Equalization Full Name: Daniel Rohrer Residence Address: 2998 Spruce Cape Road Mailing Address (if different from above): PO Box 786 Home Phone Number: 9074860977 Work Number: 9074864949 Cell or Fax Number: 9075395836 Occupation: business owner Email Address (This address will be used for correspondence): drohrer@kodiakalcnet Length of residency in Kodiak: 38 years Are you a registered voter ?: Yes High School: Kodiak High School College: Hilldale College Trade or Business School: Hobbies: business and reading Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which: Pac for reviewing borough code Have you served on a Board, Commission, or Committee before ?: No If yes, which: Please list organization memberships and positions held: Please list areas of special interest: business valuations property valuations construction government Please enter basic resume information below: Owner of Subway of Kodiak Owner of KFC Taco Bell of Kodiak CO -Owner of Midtown Auto Repair Service Kodiak Island Scholarship Organization Kodiak Christian Education Foundation (owns and operates Kodiak Christian school building) Additional Information: Form submitted on: 2/8/2012 7:35:14 PM Submitted from IP Address: 65.74.83.231 Referrer Page: http: / /www.kodiakak.us /index.aspx ?nid =278 Form Address: http:// www .kodiakak.us /Forms.aspx ?FID =72 2 <J KODIAK ISLAND BOROUGH 4 l* CITIZENS BOARD OF EQUALIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Mark Anderson 2012 486 -3377 486 -7950 manderson(c�fnbalaska.com 1124 Stellar Way Kodiak, AK 99615 Cheryl Boehland 2012 486 -3480 539 -8529 cherylboehland(a�gmail.com PO Box 8529 Kodiak, AK 99615 Carrie Morton 2013 486 -8877 481 -1044 539 -1235 mortoncAresidentialmtq.com PO Box 2601 Kodiak, AK 99615 John Parker 2014 486 -3084 486 -3084 toybox(a�gci.net PO Box 191 Kodiak, AK 99615 Cheryl McNeil (Alternate) 2013 486 -8415 486 -3100 mcneilmomvahoo.com 2147 Three Sisters Way Kodiak, AK 99615 Vacant 2014 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 ASSESSOR, BILL ROBERTS 486 -9350 broberts(dkodiakak.us BOROUGH CLERK, NOVA M. JAVIER 486 -9310 niavier(a)kodiakak.us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD 710 MILL BAY ROAD ROOM 228 ROOM 101 KODIAK, AK 99615 KODIAK, AK 99615 Revision Date: 12/14/2011 Revised by: JK KODIAK ISLAND BOROUGH ge,: AGENDA STATEMENT REGULAR MEETING OF: MARCH 1, 2012 ITEM NO.: 13.D.2 TITLE: Confirmation of the Assembly Appointment to the Personnel Advisory Board. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Zawacki application; PAB Roster; KIB Employee comments APPROVAL FOR AGENDG / SUMMARY STATEMENT: There are currently two vacant seats on the Personnel Advisory Board, both to expire December 2014. The Clerk's office received an application from Brenda Zawacki on January 31, 2012. Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Boorough, and their own recommendations. The application was emailed to the Borough employees and any comments will be shared with the Assembly before or during the regular meeting. RECOMMENDED MOTION: Move to confirm the Assembly Appointment of Ms. Brenda Zawacki to the Personnel Advisory Board for a term to expire December 2014. Kodiak Island Borough Page 1 of 1 Marylynn McFarland From: support@civicplus.com Sent: Tuesday, January 31, 2012 4:34 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Personnel Advisory Board E Full Name: Brenda Marie Zawacki I U JAN 3 1 2012 Residence Address: 4150 Cliffside, Kodiak, AK 99615 I l I I Mailing Address (if different from above): PO Box 8662, Kodiak, AK 99615 [BOROUGH CLERK'S OFFICE 4 Home Phone Number: 9074874986 Work Number: 9074869558 Cell or Fax Number: 9075397557 Occupation: Human Resources Manager Email Address (This address will be used for correspondence): Brenda.Zawacki@Providence.orq Length of residency in Kodiak: 20 years Are you a registered voter ?: Yes High School: Murray High College: Brandon College, Kodiak College, Salt Lake College Trade or Business School: Hobbies: Fishing Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which: Personnel Advisory Board Have you served on a Board, Commission, or Committee before ?: Yes If yes, which: f/ JJ Voter ID No. Verified By: �IU Applicants Residence: Borough (f) City ( I Date Appointed: Tenn Expires On: _ 1 Appointment Letter: Roster Oath of Office: Financial Disclosure: Please list organization memberships and positions held: Kodiak Workforce Regional Advisory Council Lilly Lake Estates Condominium Association, Inc. - (President) Executive Leadership Council - (Council member) PKIMC Leadership Council - (Council member) HR Leadership Council - (Council member) Leadership Excellence Advisory Council - (Council member) Please list areas of special interest: Human Resources: Management /Leadership training, Recruitment, Comp /Wage, Employee Relations, Labor Relations. Please enter basic resume information below: Additional Information: Form submitted on: 1/31/2012 4:34:16 PM Submitted from IP Address: 204.80.136.224 Referrer Page: http://www.kodiakak.us/index.aspx?nidr278 Form Address: http:// www .kodiakak.us /Forms.aspx ?FID =72 2 11 4..4) r+ � KODIAK ISLAND BOROUGH cr4, PIER,@3© N:E;L ADVI!S "ORY BOARD a- b. NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Veralynn "Lynn" Bash 2013 486 -6807 486 -6807 907- 830 -4780 Ivnnbasharocketmaii.com 3117 Monashka Bay Road Kodiak, AK 99615 Curt Law 2012 486 -7636 486 -4700 486 -7373 curt(�kadiak.orq PO Box 42 (pager) Kodiak, AK 99615 Perry Page 2013 486 -6929 539 -5609 pparie99615(a�gmail.com PO Box 578 Kodiak, AK 99615 Vacant 2014 Vacant 2014 This board is governed by Kodiak Island Borough Code 2.15 iNONt n : it GGI' OFFICERIEXECUTIVEASSISTANT„ LAURI - WHIDDON 486-9301 Iwbiddonakodiakak.us (216609Ao€ WG BOROUGH MANAGER 4 RIDO1I&Q 7' ROAD 1 1 ROOM 1m 'w KOOIAK, CC31 Ne,',, Revision Date: 12/15/2011 Revised by: JK From: Nova Javier Sent: Wednesday, February 01, 2012 3:56 PM To: All Subject: Personnel Advisory Board Application Hello everyone! Attached is Ms. Brenda Zawacki's application to the personnel board. Section 203 of the Personnel Manual states: In appointing members to the personnel board, the Borough assembly will take into consideration the recommendations made by Borough employees, the Borough manager, any resident of the borough and their recommendations. Please send your comments to me by replying to this email by Friday, February 3rd. Thank you, Nova From: Woody Koning Sent: Wednesday, February 01, 2012 4:10 PM To: Nova Javier Subject: RE: Personnel Advisory Board Application I have no objection. From: Karl Short Sent: Wednesday, February 01, 2012 4:05 PM To: Nova Javier Subject: RE: Personnel Advisory Board Application I think that she would be very good. I would give her an A +. i. .4- KODIAK ISLAND BOROUGH : :et AGENDA STATEMENT t t e • REGULAR MEETING OF: MARCH 1, 2012 ITEM NO.: 13.D.3 TITLE: Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: PWSRCAC letter APPROVAL FOR AGENDA: G €j am r1 4° SUMMARY STATEMENT: The Prince William Sound Regional Citizens' Advisory Council requested that the Borough appoint a representative to the Board of Directors prior to the PWSRCAC's annual meeting in May 2012. 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 2014. 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 2014. Kodiak Island Borough Page 1 of 1 y .,11.1,1 4/4 42, v. Sri £ CAC ti Regional Citizens' Advisory Council / "Citizens promoting environmentally safe operation of the Alyeska terminal and associated tankers.` In Anchorage: 3709 Spenard Road / Suite 100 / Anchorage, Alaska 99503 / (907) 277 -7222 / FAX (907) 277 -4523 In Valdez: P.O. Box 3089 / 130 South Meals / Suite 202 /Valdez, Alaska 99686 / (907) 834 -5000 / FAX (907) 835 -5926 MEMBERS February 1, 2012 Rick Gifford Alaska state Kodiak Island Borough Chamber of 710 Mill Bay Road Commerce Kodiak, AK 99615 Alaska Wilderness Dear Mr. Gifford: Recreation & Tourism Association The ) \ \I 1 I e Prince V i ham Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to Chugach Alaska advise you that Al Burch's term on our Board of Directors expires at our May 3 -4, 2012, corporation annual meeting in Valdez. of Cordova The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions City having profound implications for oil transportation safety in Alaska, and for the state's oil City of Homer spill prevention and response capabilities. We greatly value your participation. Kodiak Island Borough would best be served by a representative who: City of Kodiak • understands her /his community, its needs, concerns and perspectives; • has a rudimentary familiarity with oil transportation issues; City of semovia has a home and work schedule flexible enough to allow travel; • is conunitted to our mission of promoting environmentally safe operation of the City of Seward Alyeska terminal and associated tankers; and • seeks opportunities to foster cooperative relationships with citizens, industry and City of Valdez regulatory agencies. City of Whittier A PWSRCAC director can expect to devote an average of 10 hours a month on PWSRCAC business. The full Board conducts three 2 -day meetings in January, May, and September. Community °f In addition, annual budget and planning meetings are held, as well as special meetings and Chenega Bay opportunities to participate in committees or work groups. PWSRCAC staff provides Community of support to board members whenever possible. Tatitlek Please notify us in writing, no later than April 4, 2012, of your selected individual for the ord°vo District Island Borough's next two -year term on the PWSRCAC board. This individual will Fishermen united then be expected to attend our May 3 -4, 2012, meeting for confirmation. If Al Burch will continue to be your representative, we ask that you still notify PWSRCAC in writing. Kenai Peninsula Borough 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 Kodiak Island Borough's continued valuable contribution. Borough Kodiak Village Mayors Sincerely, Association nn 1 Oil Spill Region \. Environmental e niter Fleming lf' J n g Coalition Executive Assistant IE � � Port Groham Cc: Al Burch FEB Corporation � , O 7 2012 � � Prince William Sound Aquaculture Corporation Rib IliPikA a L i 1 r, Primed on Recycled Paper .. ... ... - # ¢ - KODIAK ISLAND BOROUGH -t. ' *°`� AGENDA STATEMENT tt REGULAR MEETING OF: MARCH 1, 2012 ITEM NO.: 13.D.4 TITLE: Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Acknowledgement and Consent to Assign document APPROVAL FOR AGENDG� r--.7 SUMMARY STATEMENT: Waste Connections of Alaska, Inc. (WCI) has agreed to purchase, all or substantially all, of the assets of Alaska Pacific Environmental Services Anchorage, LLC (Alaska Waste). This is pursuant to an Asset Purchase Agreement dated August 16, 2011, between WCI, Alaska Waste and certain other parties. In connection with the consummation of the sale, WCI will acquire the assets and certain obligations of Alaska Waste, including that certain Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to KIB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Services, LLC effective 2010 as amended, by and between the Kodiak Island Borough and Alaska Waste. A copy of the Contract is available for review in the Clerk's office. Staff has met with corporate officials of Waste Connections and reviewed associated Regulatory Commission of Alaska (RCA) documents and financial reports for Waste Connections and recommends that the Acknowledgment and Consent to Assignment be approved. The various RCA documents can be found at the following links or a copy of the documents are available for review in the Clerk's office: This is the link to RCA order for Waste Connections (WC) acquisition of Alaska Waste. The sole purpose of this order was for the Regulatory Commission of Alaska to assess the "fitness" of WC and its ability provide service to Alaska Waste customers. http://rca.alaska.gov/RCAWebNiewFile.aspx?id=f8d 75222-1d bd- 4ae0- b089- 89b3c93496cf WC initial application to Regulatory Commission of Alaska: http: / /rca.alaska.gov /RCAW eb /Fil i nqs/ EDocList.aspx ?id= dbObb768 -c90e- 4455- 93bf- f99f47d 17ac0 The following is Waste Connections website: www.wasteconnections.com RECOMMENDED MOTION: Move to authorize the manager to execute the consent assignment to approve the change of contractor for Solid Waste Contract due to buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. Kodiak Island Borough Page 1 of 1 ACKNOWLEDGMENT & CONSENT TO ASSIGNMENT Waste Connections of Alaska, Inc. ( "WCI ") has agreed to purchase, all or substantially all of the assets of Alaska Pacific Environmental Services Anchorage, LLC ( "Seller "), pursuant to an Asset Purchase Agreement dated August 16, 2011 (the "Purchase Agreement ") between WCI, Seller and certain other parties, (the "Sale "). In connection with the consummation of the Sale, WCI will acquire the assets and certain obligations of Seller, including that certain Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to MB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended, by and between the undersigned and Seller (the "Contract "). A copy of the Contract is attached as Exhibit A to this Consent. The undersigned hereby acknowledges that WCI and Seller are contemplating the consummation of the Sale, and consents and agrees to any direct or indirect transfer or assignment by Seller to WCI of the Contract (the "Assignment ") that has, or may be deemed to have, occurred upon the consummation of the Sale. The undersigned hereby further agrees that the Assignment shall not be deemed a breach of the Contract and that the Contract will remain in full force and effect after the consummation of the Sale. This Consent shall not be effective and the Assignment shall not be valid or binding on WCI or Seller unless and until the closing occurs under the Purchase Agreement (the "Effective Date "). The undersigned further consents and agrees to the assumption by WCI of all rights and obligations of Seller under the Contract that arise on and after the Effective Date. Any claims by the undersigned for damages or similar liabilities submitted on or after the Effective Date will be to WCI and not to Seller., The undersigned acknowledges and agrees that, as of the date shown below, (i), except for Amendment No. 1 dated June 2011, the Contract has not been amended or modified and remains in full force and effect, (ii) there is no defense, offset, claim or counterclaim by or in favor of the undersigned against Seller under the Contract or against the obligations of Seller under the Contract, and (iii) neither the undersigned nor, to the undersigned's knowledge, Seller, is in default in the performance or observance of its obligations under the Contract, and the undersigned has no knowledge of any occurrence of any event that with notice or the passage of time would result in a default by the undersigned under the Contract. Date: , 2012. KODIAK ISLAND BOROUGH By: Name: Rick Gifford Title: Borough Manager Address: 710 Mill Bay Road Kodiak, AK 99615 I: \DOGS\ 410101 00\ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119 \462 \1773886.2 ATTEST: Nova Javier, MMC Borough Clerk Seller's Representations: Seller represents, and has demonstrated to the Kodiak Island Borough pursuant to Section 16.01(c) of the Contract, that WCI has the operational and financial ability to satisfy Performance Obligations as set forth in the Contract. Seller has paid the Kodiak Island Borough $1,500 in accordance with Section 16.01(d) of the Contract to cover potential costs of reviewing and approving the proposed transfer. ALASKA PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC By: Its WCI Representations: Except as defined in this Consent, capitalized terns shall have the meanings defined in the Contract. a. Status. WCI is a corporation duly organized, validly existing and in good standing under the laws of the State and is qualified to do business in the State. b. Authority and Authorization. WCI has full legal right, power and authority to to assume the Contract and satisfy its Performance Obligations. As of the Effective Date of this Consent, the Contract will be duly assigned to WCI and constitutes a legal, valid and binding obligation of WCI enforceable against WCI in accordance with its terms. c. No conflicts. Neither the performance by WCI of its Performance Obligations, nor the fulfillment by WCI of the terms and conditions of the Contract: 1. Conflicts with, violates or results in a breach of any Applicable Law: C \DOGS \41010100\ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119A462V17738%6.2 { 2. Conflicts with, violated or results in a breach of any term or condition of any judgment, order or decree of any Regulatory Authority or any agreement or instrument to which WCI or any of its Affiliates is a party or by which WCI or any of its Affiliates' properties or assets are bound, or constitutes a default thereunder; or 3. Will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of WCI. d. No approvals required. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, Governing Body, agency or instrumentality, is required for the valid assignment of the Contract to WCI, except that required under the Contract and those that have been fully obtained from its Board of Directors or other governing body. e. No litigation. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, Governing Body, agency or instrumentality pending or, to the best of WCI's knowledge, threatened, by or against WCI wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would adversely affect the performance by WCI of its obligations under the Contract or in connection with the transactions contemplated by the Contract, or which, in any way, would adversely affect the validity or enforceability of the Contract or any other agreement or instrument entered into by WCI in connection with the transactions contemplated by the Contract. or which, in any way, would adversely affect the validity or enforceability of the Contract or any other agreement or instrument entered into by WCI in connection with the transactions contemplated by the Contract. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or threatened, by or against KIB by WCI. £ Due Diligence. WCI has made an independent investigation, examination and research satisfactory to it of the conditions and circumstances surrounding the Contract and best and proper method of providing Contract Services (including the types of Contract Services) and labor, equipment and materials for the volume of Contract Services to be provided. WCI agrees that it will make no claims against KIB based on any good faith estimates, statements or interpretations made by any officer, employee or agent of KIB that proves to be in any respect erroneous. g. Compliance with Applicable Law. WCI further represents and warrants that it has fully complied with all Applicable Law, including without limitation law relating to conflicts of interest, in the course of procuring the Contract. ' � I: \DOGS \410101 \ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119 \462 \1773886.2 is EXHIBIT A: Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to KIB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended ■ C\ DOGS\ 4101010 .O1ACKNOWLEDGMENT AND CONSENI"10 ASSIGNMEN'r WCLDOC 5119A462V1773886.2 ACKNOWLEDGMENT & CONSENT TO ASSIGNMENT Waste Connections of Alaska, Inc. ( "WCI ") has agreed to purchase, all or substantially all of the assets of Alaska Pacific Environmental Services Anchorage, LLC ( "Seller "), pursuant to an Asset Purchase Agreement dated August 16, 2011 (the "Purchase Agreement ") between WCI, Seller and certain other parties, (the "Sale "). In connection with the consummation of the Sale, WCI wiIl acquire the assets and certain obligations of Seller, including that certain Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to MB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended, by and between the undersigned and Seller (the "Contract "). A copy of the Contract is attached as Exhibit A to this Consent. The undersigned hereby acknowledges that WCI and Seller are contemplating the consummation of the Sale, and consents and agrees to any direct or indirect transfer or assignment by Seller to WCI of the Contract (the "Assignment ") that has, or may be deemed to have, occurred upon the consummation of the Sale. The undersigned hereby further agrees that the Assignment shall not be deemed a breach of the Contract and that the Contract will remain in full force and effect after the consummation of the Sale. This Consent shall not be effective and the Assignment shall not be valid or binding on WCI or Seller unless and until the closing occurs under the Purchase Agreement (the "Effective Date "). The undersigned further consents and agrees to the assumption by WCI of all rights and obligations of Seller under the Contract that arise on and after the Effective Date. Any claims by the undersigned for damages or similar liabilities submitted on or after the Effective Date will be to WCI and not to Seller.. The undersigned acknowledges and agrees that (i), except for Amendment No. 1 dated June 2011. the Contract has not been amended or modified and remains in full force and effect. (ii) there is no defense, offset, claim or counterclaim by or in favor of the undersigned against Seller under the Contract or against the obligations of Seller under the Contract, and (iii) neither the undersigned nor, to the undersigned's knowledge, Seller, is in default in the performance or observance of its obligations under the Contract, and the undersigned has no knowledge of any occurrence of any event that with notice or the passage of time would result in a default by the undersigned under the Contract. Date: , 2012. KODIAK ISLAND BOROUGH By: Name: Rick Gifford Title: Borough Manager Address: 710 Mill Bay Road Kodiak, AK 99615 1: \Docs\41010100 \ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119\462\1773886 2 ATTEST: Nova Javier, MMC Borough Clerk Seller's Representations: Seller represents, and has demonstrated to the Kodiak Island Borough pursuant to Section 16.01(c) of the Contract, that WCI has the operational and financial ability to satisfy Performance Obligations as set forth in the Contract. Seller has paid the Kodiak Island Borough $1,500 in accordance with Section 16.01(d) of the Contract to cover potential costs of reviewing and approving the proposed transfer. ALASKA PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC By: Its WCI Representations: Except as defined in this Consent, capitalized terms shall have the meanings defined in the Contract. a. Status. WCI is a corporation duly organized, validly existing and in good standing under the laws of the State and is qualified to do business in the State. b. Authority and Authorization. WCI has full legal right, power and authority to to assume the Contract and satisfy its Performance Obligations. As of the Effective Date of this Consent, the Contract will be duly assigned to WCI and constitutes a legal, valid and binding obligation of WCI enforceable against WCI in accordance with its terms. c. No conflicts. Neither the performance by WCI of its Performance Obligations, nor the fulfillment by WCI of the terms and conditions of the Contract: 1. Conflicts with, violates or results in a breach of any Applicable Law: I: \DOGS \41010100 \ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119\462\1773886 2 2. Conflicts with, violated or results in a breach of any term or condition of any judgment, order or decree of any Regulatory Authority or any agreement or instrument to which WCI or any of its Affiliates is a party or by which WCI or any of its Affiliates' properties or assets are bound, or constitutes a default thereunder; or 3. Will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of WCI. d. No approvals required. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, Governing Body, agency or instrumentality, is required for the valid assignment of the Contract to WCI, except that required under the Contract and those that have been fully obtained from its Board of' Directors or other governing body. e. No litigation. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, Governing Body, agency or instrumentality pending or, to the best of WCI's knowledge, threatened, by or against WCI wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would adversely affect the performance by WCI of its obligations under the Contract or in connection with the transactions contemplated by the Contract, or which, in any way, would adversely affect the validity or enforceability of the Contract or any other agreement or instrument entered into by WCI in connection with the transactions contemplated by the Contract. or which, in any way, would adversely affect the validity or enforceability of the Contract or any other agreement or instrument entered into by WCI in connection with the transactions contemplated by the Contract. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or threatened, by or against KIB by WCI. f. Due Diligence. WCI has made an independent investigation, examination and research satisfactory to it of the conditions and circumstances surrounding the Contract and best and proper method of providing Contract Services (including the types of Contract Services) and labor, equipment and materials for the volume of Contract Services to be provided. WCI agrees that it will make no claims against KIB based on any good faith estimates, statements or interpretations made by any officer, employee or agent of KIB that proves to be in any respect erroneous. g. Compliance with Applicable Law. WCI further represents and warrants that it has fully complied with all Applicable Law, including without limitation law relating to conflicts of interest, in the course of procuring the Contract. I: \DOGS \4101 0100\ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119\462\1773886 2 EXHIBIT A: Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to MB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended I: \DOGS \410101 O0\ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119 A462V1773886.2 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — January 23, 2012 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting minutes of December 12, 2011, as presented. *Approval of out -of -state student travel for Kodiak High School Art Club members as presented *Approval to dissolve the Safe and Drug -Free School Advisory Committee as presented. *Approval of the request to bid 2012/2013 supplies and services as presented. PRESENTED: School Board President MELISSA BORTON presented a certificate of appreciation to Sergeant At Arm Yasent Oliver. PRESENTED: School Board President MELISSA BORTON presented a gold pan to Main Elementary School Aide Mickey Jones in recognition of her retirement from Kodiak Island Borough School District. PRESENTED: School Board President MELISSA BORTON presented certificates of appreciation to Dale Reft, Karluk School Volunteer of the Month; Brandy Reed, East Elementary School Volunteer of the Month; and Terra Cupp, Kodiak Middle School Volunteer of the Month. APPROVED: Motion to acknowledge receipt of the November 2011 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $14,993,163 and year -to -date general fund expenditures in the amount of $11,893,813. APPROVED: Motion to approve the School Board Employee Recognition Program as presented. APPROVED: Motion to approve the 2012/2013 tenured certificated contracts as presented by Chief Financial Officer Luke Fulp in the amount of $11,652,690, for a total of 157.6 FTEs (full -time equivalents.) Kodiak Island Borough School District Board of Education Regular Meeting — December 12, 2011 SUMMARY Page 2 of 2 APPROVED: Motion to enter into Executive Session for the purpose of discussing negotiations and to include Superintendent Stewart McDonald. Assistant Superintendent Marilyn Davidson, Chicf Financial Officer Luke Fulp, and KIBSD Spokesperson John Sedor. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's mebsite at www.kibsd.org and on BoardDocs at http://www.boareldocs.conilak/kodiak/Boctrd.nsflublic KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — February 6, 2012 SUMMARY APPROVED: Motion to approve a one -year only 2011/2012 certificated contract to Sarah Berard — BA +0/3 in the amount of $9,725 plus $243 special education stipend for .5 FTE preschool teacher at Peterson Elementary School for 70 days. APPROVED: Motion to approve a high school qualifying examination waiver for Kodiak High School student J.M.M. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's ivebsite al tivwu'.kodiakschools.org. Kodiak Island Borough Assembly Regular Meeting Guidelines March 1, 2012, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major 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 any Assembly member who is absent. 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 January 19 and February 2, 2012. *Confirmation of the Assembly Appointment to the Board of Equalization. *Confirmation of Assembly Appointment to the Personnel Advisory Board. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. Please announce: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. You will be placed in a queue, and your call will be answered at the appropriate time. Local: 486 -3231. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of January 19 and February 2, 2012. Kodiak Island Borough Assembly Guidelines March 1, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. National Women's History Month Proclamation — Mayor Selby • Accepting: Jessica Schilleci (Shill- ace -y) and Mary Ann Joyce - Kodiak Womens Resource and Crisis Center Outreach Coordinators B. Student of the Month Award for March 2012 - Mayor Selby • Danielle Christiansen — Junior at Old Harbor School C. Employee of the Year — Manager Gifford 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2012 -24 Supporting Senate Bill SB155 and House Bill HB279 Extending the Termination Dates of the Alaska Seismic Hazards Safety Commission. Recommended motion: Move to adopt Resolution No. FY2012 -24. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 1, 2012 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2012 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From I- Industrial To LI -Light Industrial (P &Z Case 12 -027). Recommended motion: Move to adopt Ordinance No. FY2012 -18 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Please announce: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. You will be placed in a queue, and your call will be answered at the appropriate time. Local: 486 -3231. D. Other Items 1. *Confirmation of the Assembly Appointment to the Board of Equalization. 2. *Confirmation of Assembly Appointment to the Personnel Advisory Board. 3. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. 4. Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. Recommended motion: Move to authorize the manager to execute the consent assignment to approve the change of contractor for Solid Waste Contract due to buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines March 1, 2012 Page 3 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, March 8 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, March 15 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 1, 2012 Page 4 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular / Special Date:0401 / a D1 11, Convened: Recessed: Reconvened: Adjourned: BY: BY: Tv - eil'L(L BY: ffJfiA.,_ BY: tritiNIP BY: o o" ykl- SECOND: SECOND: S I - t C Z C A ) SECOND: b omet SECOND: S b h ' - - e 5 SECOND: 1 1 , , o fk, acie 5u"f v r C��e� u1 �'` Res o 0 \I Tycao19-Pi .YES• NO YES NO , 4 • ° • YES - NO YES NO ,,YES .NO_ . Ms. Austerman / Ms. Austerman Ms. Austerman ✓ Ms. Austerman / Ms. Austerman Mr. Bonney ✓ Mr. Bonney Mr. Bonney v Mr. Bonney f V Mr. Bonney Mr. Friend ✓ Mr. Friend Mr. Friend ✓ Mr. Friend V Mr. Friend . Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan 7 Mr. Kaplan Ms. Lynch V Ms. Lynch Ms. Lynch ✓ Ms. Lynch 1 7 / Ms. Lynch Mr. Stephens • / Mr. Stephens Mr. Stephens ✓ Mr. Stephens V Mr. Stephens Ms. Stutes V Ms. Stutes Ms. Stutes ✓ Ms. Stutes V Ms. Stutes / 1CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?j .. • TOTAL: TOTAL: TOTAL: 1 0 TOTAL: t') O TOTAL: 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. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby r J KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular i Special Date: I� I / Convened: Recessed: Reconvened: C 7� Adjourned: • 3 4 2 ' 0 ' kA BY: I `^'� BY: ay, BY: kt �jyv BY: BY: SECOND: SECOND: SECOND: U cl, / SECOND: SECOND: jil 00 _ 1/4" �S YESNO YES NO YES NO YES NO YES NO' . . Ms. Austerman v Ms. Austerman ✓ Ms. Austerman ✓ Ms. Austerman Ms. Austerman Mr. Bonney Mr. Bonney ✓ Mr. Bonney 1/ Mr. Bonney Mr. Bonney Mr. Friend ✓ Mr. Friend 17/ Mr. Friend v , J Mr. Friend Mr. Friend Mr. Kaplan ; / Mr. Kaplan 4;1- v V Mr. Kaplan �/ V Mr. Kaplan Mr. Kaplan Ms. Lynch V Ms. Lynch t / Ms. Lynch cj Ms. Lynch Ms. Lynch Mr. Stephens V Mr. Stephens Mr. Stephens V Mr. Stephens Mr. Stephens Ms. Stutes >✓ V Ms. Stutes Ms. Stutes ✓ Ms. Stutes Ms. Stutes [CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?f TOTAL: ( ( TOTAL: ri D TOTAL: 17 0 TOTAL: TOTAL: 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. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: 00 I 20La Please PRINT your name Please PRINT yournaame l Kelt\ 1 -e-Cvk \\ U Sco# r^ 6// � ) /Yll Pt Ste/9 5e©ff /7rnJ/ ■ 5) Mdv sue \\(/ 7 en r U