The Week in Review...

I am sure the public felt somewhat inconvenienced by Assembly procedures this week. Issues that you waited patiently to address on 2/28 slipped to 2/29. The Assembly, perhaps for the first time ever, adjourned at 10:30 PM on 2/28 and continued at 6:30 PM on 2/29, adjourning finally at 10:50 PM on the 29th. There was one long private deliberation on the 28th  and one shorter deliberation in a formal executive session on the 29th.  However, throughout, the public and the Assembly conducted testimony and discussion in a demonstrably civil and attentive manner.  Thank you.

Here are some highlights.  Please bear in mind that the official record is contained in approved minutes. My blog is in no way "official"!

Conditional Use Permit for 26-Mile Heliport Denied. 
The Assembly sat as a board of appeal for  SEABA's application for a conditional use permit (CUP) for a heliport at their 26 mile property. The CUP was denied by the Haines Borough Planning Commission by virtue of a 3-3 vote of the PC.

When the Assembly hears an appeal, it sits as a "quasi-judicial" body and follows "quasi-judicial" processes.  One of the special rules that apply is that the decision of the Assembly, acting in this capacity, has to be a "super majority " of the entire Assembly or a 5 to 6 vote. See Haines Borough Charter 5.06 (D). Another rule is that the Assembly can choose to deliberate either in private or in public. The Open Meetings Act (AS 44.62.310(d)) does not apply to deliberations on permit appeals.

After hearing testimony from the Appellant through Attorney Daniel G. Bruce;  testimony from the Haines Borough Manager, Mark Earnest;  and testimony from the public, the Assembly choose to deliberate in private.  Upon returning to the meeting, the Assembly moved to confirm the Borough Manager's recommendation not to grant a conditional use permit for a heliport at the SEABA 26-mile site  by a vote of 5 to 6, with Assembly member Lapp voting no.  Borough attorney Bruce Falconer will prepare findings for the Assembly's approval during its regular meeting  March 13.

Heliski GPS Data Required When Requested
The Haines Borough Assembly adopted a modification to Haines Borough Code  5.18.080 (F) (4): General Permit Conditions and Regulations.  Every operator continues to be required to use GPS equipment to track and preserve "information establishing the route taken by the helicopter to and from the skiing and snowboarding area and all landings." However, instead of automatically providing the information to the Borough bi-weekly, the operators are now required to provide the information "when requested by the Borough."  The new law also stipulates that Borough requests are "limited to enforcement of borough permitted activity." 

During discussion, the Assembly clarified that this ordinance in no way prevents others from requesting the information from the operators. 

Borough Policy Regarding Reports to the Public During the Heliski Season
The Assembly moved to require that the Borough report findings related to heliski activity on the Borough website.  The first report will be available by March 15.  It was acknowledged that the format of the report is in development and that changes can be made to the format to meet a variety of objectives.  Transparency is a high priority.  There is a heliski page on the Borough's website and this seems a likely location for the seasonal reports. The Assembly is interested in reporting the information gleaned from the GPS requests (violations, no violations) as well as Borough response to complaints (date, investigation, findings). 

For example, the Borough has received one complaint this season.  The complaint was made on February 22. It was investigated and resolved with the knowledge of all parties by March 1.  The Borough found no evidence of non-permitted heliski helicopter activity.

Resolution Supporting Forward Funding and Yearly Increases for Education Unanimously Adopted
Resolution 12-02-336 is identical to Resolution 12-02-331 which was before the Assembly on 2/14.  The Assembly postponed moving on the resolution 2/14 in order to seek clarification of concerns expressed by Representative Bill Thomas.

According to testimony provided 2/28 by School Board member Nelle Greene Jurgeleit and Haines Borough Superintendent Michael Byer, an increase in the state Base Student Allocation will mean approximately an additional $100,000 for the school district.  Forward funding will enable the School District to accurately anticipate state funding at the time it must determine the teacher contracts it will authorize mid-March of each year. 

Community Waste Solutions Request for a Negotiated Land Sale for 19.54 acres adjacent to the landfill on FAA Road.
The Borough Clerk circulated an email March 2 to help clarify the Assembly's action on this topic:

..the assembly passed the following motion: “Consider both options, the full 19.54-acre request and the planning commission’s 5-acre recommendation, in order to give the borough manager and Community Waste Solutions more leeway for negotiation.”

The Clerk also provided this helpful clarification:

HBC 14.20.100 outlines the required steps for a negotiated borough land sale, and this is one of those steps in the process. The motion should not be taken as an assembly decision to sell land to CWS.  They have simply authorized the borough manager to enter into negotiations.

Waste Management Contract between the Haines Borough and Community Waste Solutions
After considering a confidential memo from the Borough attorney in Executive Session, the Assembly set March 6, Tuesday, 5:00 PM, for a meeting of the Committee of the Whole (COW).  The Clerk's previously mentioned March 2 email adds further clarification of this action:

Following the executive session for the waste management contract agenda item, the assembly took no action. They simply scheduled the Committee of the Whole meeting that was promised by a 2/14 motion.*  That meeting will be Tuesday, 3/6, 5:00pm.  [It is an open meeting.]

* 2/14 Motion: “assembly schedule a Committee of the Whole to discuss possible conditions of a short-term contract with Community Waste Solutions to provide security to meet regulatory compliance at Community Waste Solution’s landfill pending feedback from the lawyer.”