GPS - Analysis and Information from Borough Attorney

Subsequent to the January 10 Assembly meeting, Borough attorney Brooks Chandler, addressed two questions: how is GPS data from the Chugach Powder Guides handled by the USFS, Glacier Ranger District and how does the proposed ordinance 12-01-279 which would declare heliski GPS coordinates confidential interact with Borough Charter, code, and Alaska State statutes?

I will ask for both memos to be included in the Assembly agenda packets for the February 14 meeting. This will enable you to download them from the Borough website.

With respect to the GPS data submitted by the Chugach Powder Guides (CPG), the Borough attorney writes:

GPS data for the Chugach Powder Guides is kept by CPG; CPG must self report " incursions" into no fly areas together with an explanation for the incursion (weather, avoiding clouds, mistake, etc.); CPG must make GPS data for specific days available for USFS to spot check upon request by USFS. ... USFS keeps a record of the fact the spot check was performed and whether any violations were discovered, but does not keep a copy of the GPS data. Spot checks are performed regardless of whether a complain has been received.

The analysis of the authority of the Assembly to classify GPS data submitted to the Borough as a confidential proprietary business record not subject to disclosure as a public record is more detailed. It deserves to be read in its entirety. I will do my best to give you a sense of the Borough Attorney's memorandum until you have the opportunity to read it for yourself when it is available on the Borough's website for the upcoming meeting.

Both Borough Charter (Section 18.04 (B)) and Borough Code (2.62.010(C)) and Alaska Statute (AS 40.25.110 (A) provide that borough records are open to the public, but the Charter and the Borough Code also provide exceptions, as does Alaska State statute. The exception in the Alaska Statute is embodied in the phrase "unless specifically provided otherwise." The list of specific categories of documents not subject to public disclosure includes records that are "proprietary, privileged or a trade secret." We are reminded that "no specific state statute addresses whether GPS data is confidential. No specific state statute provides a general definition of "proprietary." Nor is there any state statute addressing the confidentiality of sales tax records.

The attorney concludes that the Borough has the authorization to identify by ordinance classes of records not subject to public disclosure, as it has done with sales tax records. The attorney writes "We do not believe a proposal to make GPS data confidential is clearly 'over the line.' "

...if the Assembly believes public disclosure of GPS data would put local companies at a competitive disadvantage either with regard to competing amongst themselves for customers or competing with future permit holders, there is a valid legal basis to make GPS data confidential...These determinations involve a mix of fact and our own policy choices as a community.

There are no easy answers. We simply have to think this through as logically and fairly as possible.

Bud Barber, Plow-Guy

Haines resident Bud Barber will host a "plow guy talk" Thursday, February 2, 7:30 PM, Haines Borough Public Library. This is an opportunity for the community to gather and informally air concerns about berms as well as listen to some helpful insight from "inside the machine." Bud, recently retired State of Alaska plow operator, will speak from more than a decade of experience clearing snow from the highways of Haines.

In preparation for his talk, Bud has been busy visiting with State and Municipal operators, managers, and enforcement officials. Bud can explain the dynamics of snow removal; and help us understand more about berms. If you are concerned about how snow is removed from roads, this might be a good place to start!

And if you become convinced that berms are the inevitable outcome of clearing snow from roads, this might be a good place to connect with the community to begin to brainstorm a solution. Some options might include forming service areas specifically for the purpose of clearing berms from driveways - similar to the Road Maintenance Service Areas formed in neighborhoods outside the Townsite. Clearing berms from driveways is a higher level of service and incurs a cost. It is possible for a neighborhood to organize and vote to tax itself to pay for this service - which the Borough could manage for the service area through a contract with a private operator.

The one thing I know for sure, problems are more easily solved when we talk to each other first. Come Thursday evening and let's talk - to Bud and to each other!

Assembly Rules Redoux

During the Mayor's Report for the January 24 meeting, I explained the rules of conduct that govern the Assembly and how I hoped to rise appropriately to any occasions that may require me to help both the Assembly and the community comply:

I would like to address my role in the conduct of the January 10 meeting of the Assembly. The Assembly has adopted a limited set of rules governing conduct by the Assembly.

These rules are set out in HBC Title 2, section 2.10.060:

Section (A) states that members are required to “respectfully address the presiding officer” before speaking and not actually speak until recognized by the presiding officer and given the floor.

Section (B) states that each assembly member while speaking “shall speak only to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the assembly except in a respectful manner.”

Section (C) prohibits members from interrupting one another.

And finally Section D – which applies specifically to me as presiding officer – allows the mayor to “call the member to order” if the member’s speaking violates assembly rules. If this is done, the assembly member is required to “immediately cease discussion unless permitted by the presiding officer to explain.”

I accept responsibility for failing to quickly call to order an Assembly member who violated the rules and thus I exposed both the member and the public to prolonged discomfort. I would like to remind Members that when speaking, you are not actually speaking to the public or to one another, you are speaking “through the chair.” Therefore it is only fair that you know what the chair regards as disrespectful and inappropriate reference to personalities. I will call to order any speaker who uses vulgar language or who uses euphemisms for vulgarity; and any speaker who attacks the reputation of another assembly member or community member. We are here to work on solutions to problems; personal attacks do not contribute to solutions. We are neighbors.

Much of the time, the Assembly works as a problem solving team. We have one more rule that underscores this. Haines Borough Code section 2.10.050 (C) allows not just the presiding officer but any member of the body to call to order any member who transgresses the rules.

But should I overstep, an Assembly member may appeal my decision. An appeal of the chair’s decision is not debatable and does require a vote. Sometimes in the heat of an uncomfortable interaction, we forget the procedures.

Oceanview/Lutak Road Slope Movement, January 25

Denali Drilling began taking core samples today. When I arrived on Oceanview Drive at approximately 3 PM, drilling had reached about 15 feet. The core sample was very watery. (That is definitely not a technical description!) I understand that the drill subsequently encountered a substantial clay layer. Drilling will take place in the affected area as well as on Barnett Road, above the affected area.











Additionally, a survey crew set reflectors on a targeted utility pole to enable equipment to register accurate movement of the affected area. Borough Water & Sewer employees Scott Bradford and Dennis Durr mounted the reflectors on the Oceanveiw Road utility pole guided by the surveyors communicating by radio from their position on Front Street.

In the photo below, Dennis Durr confers with Command Center coordinator Roc Ahrens.




Today's update, posted on the Borough website at 3 PM states:

Denali Drilling from Anchorage began drilling test holes around noon today, starting on Ocean View Drive. They will be drilling a series of holes above and below the slump area to provide PND Geologists and Engineers with soil samples of the area. Borough Sewer & Water employees worked with PND engineers set up control stations to collect accurate measurements of the movement in the active slide zone, as well as data of the area above the “cracks” of the active portion of the slump. Work will continue Thursday & Friday, with a planned lane closure for drilling in Lutak Road on Friday morning.

The recent storm hindered the mechanical measurements of the movement over the last 24 hours, but the activity we could see where the snow was plowed out for the drilling crew appeared to be about the same; from 1 –2 inches.

Oceanview/Lutak Road Movement, January 24

Local geologist Cindy Buxton offers this "improved" image of the affected area:

Cindy will be working with the drilling team to pull samples from the area. Her assistance is invaluable. Thank you Cindy. The drill team awaits a part for the drill, delayed by weather.

The update posted by Emergency Coordinator for January 24 follows below. You can also hear a recording of the daily update by calling 766-2256. An update is generally posted before 4 PM.

Monitoring of daily movement showed a slight increase in the rate we have been seeing, with a 4” crack in the Ocean View Drive road area, that is new from yesterday, and cracks re‐opening in Lutak Road that had been filled by DOT. We are anxious for the engineers and equipment to arrive that will help us collect more accurate data.
Highway driving conditions remain the same, with caution still directed to the hump in Lutak Road that is near the intersection to Front Street. Warning flags were added today to help remind people to slow down, as this hump continues to grow.

The Borough Water & Sewer Department is planning another dye test for tomorrow to continue their monitoring for damage to the line through the slide area.

.

Ocean View/Lutak Road Slope Movement, January 23 Update

I have been spending time reviewing the State of Alaska emergency preparedness websites. My favorite site is Ready Alaska. But one of the most important element of preparedness is communication. In fact, communication cannot be stressed enough. So I am delighted to announce that the Command Center for the Ocean View/Lutak Road Slope Movement today installed a phone line that has a recording of the daily update: 766-2256. Try it. You can also leave a message at this number with any information that could help the planning effort and help keep officials informed.

Today's update reads:

A core drilling contractor arrived in Haines over the week-end and will begin drilling a series of bore holes in and around the slide area as soon as their equipment is ready to go. PND engineers, scheduled to arrive this afternoon, plan to install accurate measuring instructments that will help track daily movement.

Recent testing conducted by the Haines Borough Water & Sewer Department show there are no water or sere damages to report, and there is no major damage to the State Highway (Lutak Road) to change previous advice to drive slow through the slide area. Please be aware of the hump at the lower end of the slide that is near the intersection to Front Street from Lutak Road. There is also a dip at the upper end near the intersection of Lutak Road and 1st Ave. North/Ocean View Drive.

I had to pick up a visitor from the ferry today and I can certainly affirm that the bump and the dip are perceptible. The snow eclipses the change in the road bed so drive slowly through the area.

Ocean Veiw/Lutak Road Ground Movement Graphics

According to local Haines geologists Cindy Buxton and Russ White, the geological term for the situation on Oceanview and Lutak Roads is "slump." Cindy and Russ created this diagram to explain the anatomy of a slump:

They added lines to a google image of the area to help illustrate location and size of the phenomenon.













Thanks Cindy and Russ. A picture is truly worth 1000 words!

Ocean View/Lutak Road Slope Movement, January 21, 2012

The Haines Borough Ocean View/Lutak Road Slope Movement command center (766-2258) posts daily updates here at the Borough website. Today's update includes a plea to residents to please check with the command center to confirm or correct statements that may be circulating. It is easy to mis-interpret activity, as was probably the case with respect to the rumor that Lutak Road would be closed. The DOT/PF activity on Lutak Road this morning related to filling the cracks and dip in the pavement. Today's update, also reported on the Borough website and to KHNS, is as follows:

DOT/PF crews filled cracks and dip in the pavement, making travel through the problem area safe and smooth. Our thanks to the crew for their concerns and efforts to keep this portion of the road safe for our use.

Even though we continue to record slow movement in this area, PLEASE check with the Command Center in Brian Lemcke’s office, or at least check the latest update on the Borough website or the PSA’s on KHNS before running with the wild rumors that are circulating. These updates will be posted daily, or when necessary to report.

Lutak road is not closed, nor are there any plans at this time to do so. Any such information will be posted to the website as soon as possible, so we can all know the truth at the same time.

Just in Time - Replacement Grader

Haines Borough Public Works employees John Spencer and Dan Fitzpatrick arrived in Haines late last week with our replacement grader.

The grader was purchased from Alaska DOT/PF in Fairbanks. Thanks to Southeast Alaska Roadbuilders for providing the lowboy to carry this humongous piece of machinery from Fairbanks to Haines. I am, by anyone's standard, a timid driver, so you can easily imagine how awed I am by the "it's all in a day's work" attitudes of John and Spitz when they recount their trip!

Ocean View/Lutak Road Slope Movement

Roc Ahrens, Haines Borough Command Center Planner, for the Ocean View/Lutak Road Slope Movement will be posting daily updates on the Haines Borough website. Roc is in daily contact with authorities, coordinating and tracking activities out of his office on the second floor of the Public Safety Building.

Thursday, January 19, Roc described the situation as follows:

State, Borough & Engineering officials have been monitoring & accessing the slope movement occurring in the Ocean View hillside and Lutak Road highway since it was brought to their attention Monday, January 16, 2012.

A geologist and engineers for the State of Alaska DOT arrived on Wednesday, January 18, 2012, to look at the area and gather field data of the impact to Lutak Road which is the State highway from town to the ferry terminal at 5 mile Lutak Road.

Borough officials have been onsite assessing the scope of the problem since it was brought to their attention Monday morning. The Borough brought in an engineer from Seattle from their contracted engineering firm PND to look at the area, and advise the Borough on proper monitoring and planning for the event the situation worsens.

A Command Center was set up in Brian Lemcke’s office (Director of Public Works) office on Thursday afternoon, January 19, 2012 to monitor the event and plan for “Back‐up” options if needed. Local disaster planner Roc Ahrens has been brought on board to monitor and record the event. A daily report will be recorded at the command center on the contact phone there, (766‐2258), and will also be posted to the Borough’s website under the link “OCEAN VIEW / LUTAK ROAD SLOPE MOVEMENT”.

Daily monitoring is being recorded and State & Borough maintenance crews are planning repairs to the road damage on Lutak and Ocean View roads which they plan to begin tomorrow morning, Friday January 20, 2012.

Travelers through this area are advised to drive slowly due to the bumps the damage is causing.

The update for Friday, January 20 suggests that Lutak residents may want to consider preparing for some disruption to the road link to town:

Monitoring of the active zone involving utility services and road access to the homes on Ocean View Drive continue to show slow daily movement. Work conducted by the Haines Borough Maintenance Crew today filled the areas of damage most likely to impact access.

Lutak Road is still passable, but continues to shift downhill, with cracks, dips & humps that increase daily. Residence in these areas should consider a couple days of food back‐up, and make sure your fuel supply tanks are not critically low, in case of a road disruption that could last up to a couple days.

Thursday, the family living in the house impacted by the slope movement was safely moved, along with all their household goods, to another dwelling, thanks to many, many willing helping hands. Thank you.

Heliski GPS Data: Searching for an Answer

Haines Borough Oridiance 12-01-279, providing for the confidentiality of heliski GPS data will have a first public hearing at the Regular Assembly meeting January 24. I have tried to be clear that I: a) support the right of the operators to request that the data be confidential, and the corresponding obligation of the Assembly to address this request; and b) believe that it is the responsibility of the operators to persuade the Assembly that the data is a "trade secret."

I have tried to find out how the GPS data is treated in other situations. To date, I've not been successful. I've heard from two operators representing 3 companies:

from Sean James, Co-owner & Lead Guide, Above & Beyond Alaska; Alaska Powder Descents (sean@beyondak.com; 907-365-2333, January 17, 2011):

We operate under permit with the U.S. Forest Service and are required to complete extensive operating, safety, and actual use plans each season. While the Forest Service does not track our operation via GPS we do include landing zone GPS coordinates for each trip and include the number in group, duration on federal land, exact dates, etc. at the end of each season....

Personally I don't have a problem with the data being public or being tracked. My thought is that if we follow the rules, we have nothing to hide.

from Geoff Gross, Operations Manager, Chugach Powder Guides (geoffgrossak@gmail.com, through Cassia in Reservations at akoffice@epicquest.com, 783-4330, January 15) in answer to my email:

Yes it is confidential.

I am reluctant to report these responses as a straight-up "no" and "yes." For one reason, the "no" from Sean James tells how he feels about the data but does not say how the agency (USFS) treats it. The test question would be to go to the agency and ask, "May I please have the GPS data?" If I can find the right person to ask, I will try to do that. The "yes" response just makes me nervous because it is so pat. I wish Geoff had cited the terms of the permit.

Next, my amendment. I am offering this amendment because I believe that there is a lack of trust in the public with respect to the Borough's willingness, if not capacity, to examine the data to determine that everyone is landing within the designated boundaries. I worded the amendment so that the public would have access to the results of the data, in line with the purpose for collecting the data in the first place, while maintaining the confidentiality of the raw data:

The Haines Borough Manager will publish a monthly report, no later than 10 days after the end of each reporting month to the community, that will include the names of ski tour operators who are a) delinquent in submission; and/or 2) are in violation of boundaries and flight paths; or 3) stipulates that all permit holders are operating in compliance for the period.

I am a little uncomfortable with the argument that all public activity on public lands/resource should be public. I think of fishing - another industry that operates on public lands under public management. Halibut permit holders must log the GPS coordinates when they drop their gear, even though everyone can see them put the gear in the water, and even though they are in public waters, harvesting a public resource. I have been told by two fisherman, Bill Thomas and Gregg Bigsby, that their hailbut gear coordinates are not publishable. I can see how having some other fishers exact coordinates would be great and give me, a newcomer, a leg up and unfair advantage.

I have had some conversations with Nick Trimble who explained to me the technical side of determining ski runs. Even though the data, when reported, would be only historical (the run would have already taken place; similarly the halibut gear drop is historical), I can see that one competitor knowing exactly where another lands could be an unfair advantage. I think the argument that "everyone can see where everyone else is" overlooks the power of those coordinates. Just as I can "see" where Bill Thomas has laid his gear, when I get to the general area there is a big difference between seeing approximately and seeing exactly. It is the exactness of the GPS coordinates that makes the difference.

However, it is up to the operators to convince the Assembly that the GPS coordinates do constitute "a trade secret." I don't want our thinking to get contaminated by our past experience with any specific operator. I am thinking of the future. We don't know who the operators will be in the future. We want to attract the best of the best. What do we need to set up to make this come to be? Does a positive climate require maintaining the confidentiality of GPS data? Maybe yes, maybe no. I look forward to the arguments both pro and con.

Ground Failure Update, January 17

The Haines Borough Manager provided this press release as of Tuesday, January 17, 4:20 PM. For additional and immediate information, please contact Mark Earnest, Borough Manager at 907-314-0655 or Brian Lemcke, Facilities Director, at 907-314-0648.

The Borough is taking measures to protect both life and property in the impacted area. Borough and ADOT&PF engineers are flying to Haines Wednesday, January 18 to assess the situation. AP&T is also closely monitoring their overhead transmission wires, and Haines Cable TV is removing their overhead cables from the utility poles in the affected area.

There are major ground cracks, including surface ruptures/tension cracks, lateral spreading, and differential settlement, over a large area. If viewed from above, the cracks would appear to be in the shape of a large horseshoe, with the apex parallel to and on both sides of Oceanview Road and the arms or tails crossing Lutak Road at approximate right angles.

Cracks and heaves in the asphalt pavement on Lutak Road were reported in the area over the weekend, but this is a common occurrence in that particular section of highway. In fact, the ADOT&PF recently performed major road repairs in the same section as one of the cracks. Significant ground failure along Oceanview and Lutak Road was reported this morning. The cracks are continuing to expand. Approximately 8 inches of lateral movement has been measured on Lutak Road since Tuesday morning.

The greatest area of concern is for the safety of the residents in the immediate area. There is one house located on the water side of Lutak Road within the horseshoe crack zone. The Borough has been in contact with the owner who has made arrangements to stay elsewhere for at least Tuesday evening. There are four residential homes located on the uphill side of Oceanview, three of which are currently occupied. The occupants have been notified of the situation. It is not believed that these homes are in imminent danger, but we are monitoring the situation.

The secondary concern is for the physical infrastructure in the area. The greatest threats to public facilities are the Borough sewer and water utilities and roads. Oceanview is a Borough road and Lutak Road is a state road.

The sewer system serves approximately 100 residences in the Highland Estates / Skyline area. There is a single sewer main serving all of these residences that runs right through the impacted area. Public Utilities and Public Works crews are working on a plan to bypass the sewer main in that area by installing hose and a pump connected to manholes on either side of the impacted area. This will require crossing Lutak Road with the hose.

The water utility in the immediate area is also at risk. Oceanview Road residents have been advised to fill containers with potable water. The water pressure in the main was decreased to minimize flow in the event of a water line rupture.

Another concern is the affected roads. Oceanview has cracks on both the uphill and downhill (water) sides. The cracks on the water side are very large and have affected about one-third of the roadway width. The cracks on the uphill side are worrisome in that they indicate the extent of the ground failure zone in that area. The Borough has closed Oceanview to non-local resident traffic.

Lutak Road is a major primary road that connects the AMHS Ferry Terminal and the Lutak cargo dock with the downtown Haines area, as well as the Yukon and Interior Alaska. Both Delta Western and Lynden Transport operate at the Lutak Dock and depend on the Lutak Road for interstate and international commerce.

Both the Borough and ADOT&PF are investigating the situation. State and Borough engineers will be in Haines as soon as possible to further evaluate the conditions and make recommendations, including possible action. The Borough is actively monitoring the situation and is prepared to take additional measures as conditions warrant.

Heli Ski GPS Data: Trade Secret or Not?

Tuesday, January 10, the Haines Borough Assembly will have the opportunity to introduce an ordinance that will classify as confidential the global position data (GPS) submitted by heli ski tour operators. The data is required by ordinance and as a condition of the permit.

If the ordinance is introduced, there will be public hearings (opportunity for public comment) during the next two Assembly meetings (January 24 and February 14).

The status of the GPS information was a topic of discussion in the heli ski work group sessions last year. At least two operators requested that the data be held as "proprietary." The ordinance was drafted last year and I requested the Clerk to include it on the January 10 agenda.

The introduction of the ordinance will initiate the public discussion of whether the GPS data is or is not proprietary. The Alaska Supreme Court has held that trade screts and confidential business information are protected under both the Alaska and the United States Constitutions.

In determining whether something is a trade secret the court has relied on Alaska's Uniform Trade Secrets Act. That statute defines "trade secret" as information that derives independent value from not being generally known. The Alaska Supreme Court has inferred that the party would have to show that the party would be competitively disadvantaged by disclosure of the information and how the harm will come about. Introduction and subsequent public hearings will offer heli ski permit holders the opportunity to demonstrate how they will be harmed by public disclosure of the GPS information.

The permit holders have made a reasonable request of the Borough Assembly; it is time, or even slightly past time, for the Borough Assembly to respond. That's why I have asked that this ordinance be offered to the Assembly for introduction.

Snow Berms

Maintaining roads so that vehicles can travel on them is one task; opening driveways so that vehicles can get to the roads is another task. The first task is taken up by the state and the municipality; in times of excessively heavy snow such as these, the second task is taken up mainly by property owners.

I've come to understand that the accepted practice for clearing public roads of snow is this: first pass, clear two lanes on all roads, and for critical infrastructure: airport, ferry terminal, public safety building, harbor, school, water and sewer treatment plants. Second pass: widen the roads, pushing back the snow in order to make more room for more snow. If equipment and personnel is available, the state sends out a loader to punch holes in the berms along the sides of the road that allows plows to take advantage of gravity to dump snowloads more frequently.

Gravity is a very important element in snow clearing. The plow or blade carries a heavy load of snow. Snow drops into openings created by driveways - often open because the property owner has labored or paid for labor to create the passageway. Plows heading downhill carry more snow than plows heading uphill because they can. Gravity at work again. Plows heading downhill, carrying a load, intersecting with driveways, will drop more snow into the downhill driveway
than the uphill driveway. Again, gravity. And if the driveway slopes down, the snow may be flung quite a ways. Gravity is intractable.

Neither Borough nor State plowing policies require berm mitigation. Some Haines Borough residents question this, citing personal health and financial costs incurred from clearing berms as well as impaired access to property.

One resident has suggested that that second pass, which tends to toss chunks of solidified snow into the driveway opening, could be "optional." Could it be? I don't know. But perhaps it's time to find out. I suggest that we convene a snow plowing symposium and learn about the constraints, opportunities, and costs that may be associated with removing constraints and taking advantage of opportunities. Clearly, now is not the time to call State and Borough operators and supervisors away from snowplowing. But we should do it when the weather breaks and before the annual budget is finalized - for this I can guarantee - increases in level of service require either increases in cost or reallocation of resources.

Short History of the Solid Waste Management "Power" of the Haines Borough

When residents of the Haines Borough ratified the new consolidated homerule Haines Borough charter, they authorized the power to provide area wide solid waste management services. The charter does not demand that solid waste management services be provided by the borough; it just allows the borough to perform the service (HB Charter, Article VI: Powers).

The Charter specifically retired the Solid Waste Management Service area created by the voters of the Third Class Haines Borough in 1999. HB Charter, Article XX, Notes and References: The Solid Waste Management Service area “…will be administered under the area wide powers of the consolidated borough.” Furthermore, Transition Article (XIX) of the Charter specifically states that the Solid Waste Management Service Area “will be abolished” and powers related to the function “…will be exercised on an area wide basis by the Haines Borough.”

The Haines Borough Charter leaves no doubt that solid waste management is a legitimate area wide power of the Haines Borough. Though this is clear, the Charter is silent on exactly how the power will be exercised, with this exception: if solid waste management is to be delivered through the creation of a municipal utility, then the creation of the utility will have to be ratified by the voters (HB Charter, Article XV).

Neither the former third class Haines Borough nor the first class City of Haines ever exercised the power to provide for solid waste management through the development of a utility. The former City of Haines entered into an exclusive contract with Haines Sanitation (now Community Waste Solutions) for collection and disposal. Ordinances related to improper disposal were created to enforce utilization of the contractor’s services (collection and disposal in a privately owned landfill). Although the creation of the Solid Waste Service Area created the potential for the Borough to take over the contract with Haines Sanitation, the Third Class Borough did not assert its authority to do so. Remember, the authority to assert a power does not require that the power be asserted.

The creation of the Borough Solid Waste Management Service area in 1999 coincided with the closing of the privately operated landfill and a negotiated rate increase for collection and disposal between the City of Haines and Haines Sanitation. Haines Sanitation closed the landfill in the face of increasing regulations and the costs of meeting the regulations. Waste was exported. The rate increase was negotiated to offset the increased disposal costs. The increase in customer charges resulted in a loss of customers and revenue for the company.

The former Third Class Borough did contract with a solid waste disposal management consultant (Sound Resource Management Group, Inc.) to explore options for the structure of the newly formed Solid Waste Management Service Area. A plan was presented to the Solid Waste Management Service Area Board and the Borough Assembly mid-May, 2000. The Haines Borough Solid Waste Management Plan (i.e. The Plan) was unanimously approved as a concept June 5, 2000.

The Plan continued the paradigm of a municipal contract with an operator that specifies fees and includes incentives; enforcement based on regulations established by ordinance; export of waste with the option of the development of an incinerator or local landfill if export prices escalate excessively; implementation of residential and commercial collection programs for recycling and composting; development a half-time Borough solid waste manager position to implement the system and oversee collection, disposal and recycling/composting contracts. The Plan was to be financed by a .5% sales tax estimated to raise $177,000. The Plan was not implemented.

Fast forward to 2012: The contract between the municipality and Community Waste Solutions expired April 31, 2011. As of December 1, Community Waste Solutions once again closed the landfill due to required remediation of its leachate system by the Alaska Department of Environmental Conservation and resumed containerizing and exporting waste; closed its Fair Drive transfer station as of January 1, including its recycling station; and as of January 15, will raise commercial and residential base rates 15% plus they will add a fuel surcharge; and will no longer pick up glass from its commercial accounts.

According to Community Waste Solutions, rate increases and service reorganization (including the free recycling service) are required due to a loss of market share, rising fuel costs, and high fixed costs. Community Waste Solutions is offering a reduced rate for customers who separate their waste.

The loss of market share is attributed to the existence of a second refuse certificate holder (Acme Transfer). High fixed costs include the cost of running a DEC approved landfill. The DEC demand to remediate the landfill’s leachate system resulted in a request from Community Waste Solutions to the Haines Borough for a negotiated purchase of 5 acres; a Borough dedication of the surrounding 15 acres as a permanent buffer for the landfill; and Borough participation in financing the required leachate system remediation.

The current situation directly impacts public and private finances. There is some additional concern that the higher costs of disposal will also lead to improper burning and dumping, and thus impact the environment generally.

The impact to the municipality is two-fold: in early December 2011, the Borough was notified that the landfill was unable to receive its sewage sludge and screenings. The Borough wastewater treatment plant generates about 5 standard dump truck loads of sludge annually. “Screenings” are the non-compostable elements of the sludge. They represent a minuscule portion of the sludge but are highly toxic. Currently, the Borough is working with a sanitation engineer to design a DEC approved in-vessel compost system for its sludge. The Borough wastewater plant operator, Scott Bradford, has been experimenting with proper methods of composting sludge for years and regards the situation as a possible opportunity to officially introduce the community to this method of sludge disposal. Composted sludge can be used as a harmless but helpful soil amendment. Disposal of screenings are more technically problematical and may require upgrading this system in the sewer treatment plant.

Financially, the Borough will avoid the expense of selling its sludge to the landfill for approximately $16,000 annually, but undoubtedly incur expenses in the development of a composting system and in addressing the issue of proper handling and disposal of screenings. The Borough will also incur an increased expense of collection and disposal – along with the private sector. The Borough Chief Financial Officer, Jila Stuart, reports that under the August 1, 2011 CWS rate structure, Borough disposal costs were estimated to be $37,400 annually, not including sludge disposal. Under the new rates, Borough disposal costs are estimated to be $64,900 not separated and $55,900 if separated. Separation, then, is worth $9000.00. Ms. Stuart points out that separation is problematic since 60-75% of the Borough’s disposal fee if for trash disposal to which the public has access. She cites the example of the dumpsters at the harbor that account for 45% of the Borough’s total trash disposal costs.

The role of government is often expressed in terms of the need to provide a service that no one person can provide for him or herself. We have accepted that education, police, fire protection, roads, and ambulance and rescue services fall into that category of services. Waste disposal is clearly a public health and safety responsibility of municipal governments or – as one assembly member has said – of the group. It’s time to step up and figure out what is best for the group.