2023-05-11 Work SessionKodiak Island Borough
Assembly Work Session
Assembly Chambers
Thursday, May 11, 2023, 6:30 p.m.
________________________________________________________________________________________
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular
meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work
session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work
sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda.
Page
1. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202
(Limited To Three Minutes Per Speaker)
2. AGENDA ITEMS
a.
FY2024 Budget Discussion
Agenda Item Report - Pdf
3
b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough
Code Title 1 General Provisions Chapter 1.20 General Penalty
Section 1.20.050 Fine Schedule Setting Out Penalties In The
Minor Offense Fine Schedule; And Amending Title 8 Health And
Safety Chapter 8.20 Littering Section 8.20.010 Unlawful Acts
Regarding Littering And Improper Disposal Of Waste
Agenda Item Report - Pdf
4 - 17
3. PACKET REVIEW
a.
CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
• Contract No. FY2019-10S Change Order #19 For The
Providence Kodiak Island Medical Center And Kodiak
Community Health Center Space Analysis And Planning
To Jensen, Yorba and Wall Inc.
CONTRACTS
• Contract No. FY2022-29, Change Order No. 5,
Authorization For Approval For The Leachate Treatment
Plant Pretreatment Facility Project With Dawson
Construction, LLC.
• Contract No. FY2023-45 Authorizing The Manager To
Execute Fire And Smoke Damper Repairs At The
Providence Kodiak Island Medical Center With Remedi8
DBA Fire Door Solutions
Page 1 of 17
• Contract No. FY2023-46 Authorizing The Manager To
Execute Fire and Smoke Damper Repairs At The Kodiak
Fisheries Research Center With Remedi8 DBA Fire Door
Solutions
OTHER ITEMS
• Confirmation Of Mayoral Appointment To The
Architectural/Engineering Review Board of Mr. Codi Allen
and Mr. Daniel Rohrer
• Confirmation Of Mayoral Appointment To The Parks and
Recreation Committee of Mr. Travis Cooper And Ms. Tracy
Chandler
4. MANAGER’S COMMENTS
5. CLERK'S COMMENTS
6. ASSEMBLY MEMBERS’ COMMENTS
7. MAYOR'S COMMENTS
8. UPCOMING TRAVEL
• May 11-13, Alaska Municipal League Board Meeting, Anchorage
• May 15-21, National Association of Counties, Utah
• August 9-11, AML Summer Legislative Conference, Homer
• December 6-8, AML Annual Conference, Anchorage
_________________________________________________________________________
This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available
online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call
(907) 486-3231 or (855) 492-9202.
Page 2 of 17
KODIAK ISLAND BOROUGH
STAFF REPORT
MAY 11, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: FY2024 Budget Discussion
ORIGINATOR: Dora Cross, Finance Director
RECOMMENDATION:
The Assembly will continue its discussion of the FY2024 budget.
DISCUSSION:
The budget, budget message, and supporting documents are a matter of public record and are
made available to public inspection. On or before the first of April of each year, the manager
submits the budget and capital program to the assembly. The budget and budget message
contains the proposed appropriation and tax levy ordinance. The budget is adopted no later
than the tenth of June prior to the beginning of the budget year. Should the assembly take no
action or prior to such day, the budget, as submitted, is deemed to have been finally adopted
by the assembly.
Budget Documents are available on the Kodiak Island Borough website, meetings page
Linkto the April 27, 2023, Work Session
Linkto the April 13, 2023, Work Session
Linkto the March 25, 2023, Assembly Budget Work Session
Linkto the Mar 23, 2023, Joint Work Session with KIB School District
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.a.
FY2024 Budget Discussion
Page 3 of 17
KODIAK ISLAND BOROUGH
STAFF REPORT
MAY 11, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1
General Provisions Chapter 1.20 General Penalty Section 1.20.050 Fine
Schedule Setting Out Penalties In The Minor Offense Fine Schedule; And
Amending Title 8 Health And Safety Chapter 8.20 Littering Section 8.20.010
Unlawful Acts Regarding Littering And Improper Disposal Of Waste
ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director
RECOMMENDATION:
For Assembly discussion.
DISCUSSION:
Community Development has been working with the KIB Assembly on UMOT solutions.
Attached is the draft ordinance for the Assembly to review and discuss with Community
Development and provide feedback on any additional updates or changes they would like to
see before the ordinance can be moved forward for assembly next week.
History: In 2022, Community Development asked the Assembly about putting together some
information about updates to UMOT. At that time, it was a general consensus by the Assembly
to put some numbers together and bring it back to the Assembly to see if they were interested
in Community Development putting an ordinance together to update UMOT for Zoning
Compliance, including individuals living in RV's for more than 90 days, outdoor Storage, and
includes Building and Construction penalties and remedies so that work in conjunction with
Building and Safety.
Included in your packet is a memo that includes four options on how Community Development
Department could proceed in modifying the UMOT code sections. Today, we would like to be
able to discuss these four options with you to see what you think would best fit our community
in the Code Enforcement process. In the last few months, the number of complaints that have
been reported to CDD has increased. This has been apparent to many of our Assembly
members, as they too have been updated by the same citizens of their specific complaints. It is
Community Development Department's belief that using the current UMOT table is not in the
best interest of the Kodiak Island Borough and that UMOT needs to be updated to provide our
citizens with some type of remediation for their growing concerns.
Additionally, Community Development is working with Attorney Brandt-Erichsen on a cease and
desist order, with the option to appeal to dispute. Community Development will bring that
forward for Assembly review after all the details have been worked out.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 4 of 17
KODIAK ISLAND BOROUGH
STAFF REPORT
MAY 11, 2023
ASSEMBLY WORK SESSION
Kodiak Island Borough
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 5 of 17
Ordinance No. FY2023-18 Page 1 of 6
KODIAK ISLAND BOROUGH 1
ORDINANCE NO. FY2023-18 2
3
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4
KODIAK ISLAND BOROUGH CODE TITLE 1 GENERAL PROVISIONS CHAPTER 1.20 5
GENERAL PENALTY SECTION 1.20.050 FINE SCHEDULE SETTING OUT PENALTIES IN 6
THE MINOR OFFENSE FINE SCHEDULE; AND AMENDING TITLE 8 HEALTH AND SAFETY 7
CHAPTER 8.20 LITTERING SECTION 8.20.010 UNLAWFUL ACTS REGARDING LITTERING 8
AND IMPROPER DISPOSAL OF WASTE 9
10
WHEREAS, the Kodiak Island Borough has adopted provisions to include certain code 11
violations in the Alaska Uniform Minor Offense Table (UMOT); thus, allowing enforcement with 12
citations as necessary requires reasons to be described in the code; and 13
14
WHEREAS, the Assembly desires to include additional code violations in the UMOT to enable 15
more effective enforcement where those violations occur; and 16
17
WHEREAS, the Assembly desires to establish new provisions in the Kodiak Island Borough 18
Code designed to enable more effective enforcement of prohibitions on improper disposal of 19
waste at transfer sites by making the owner of the vehicle used in connection with the improper 20
disposal of the waste responsible for the violation. 21
22
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23
BOROUGH that: 24
25
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 26
Kodiak Island Borough Code of Ordinances. 27
28
Section 2: That Kodiak Island Borough Section 1.20.050 Fine Schedule is amended to read as 29
follows: 30
31
1.20.050 Fine Schedule. 32
33
Code Section Offense Penalty/Fine
KIBC 6.04.020 Cruelty to Animals Mandatory court
appearance
KIBC 6.04.060 Contagious Animals
Prohibited (1st offense)
$55
KIBC 6.04.060 Contagious Animals
Prohibited (2nd offense)
$83
KIBC 6.04.060 Contagious Animals
Prohibited (3rd and
subsequent offenses)
$100
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 6 of 17
Ordinance No. FY2023-18 Page 2 of 6
KIBC 6.04.080 Annoying Animals
Prohibited (1st offense)
$28
KIBC 6.04.080 Annoying Animals
Prohibited (2nd offense)
$55
KIBC 6.04.080 Annoying Animals
Prohibited (3rd and
subsequent offenses)
$83
KIBC 6.04.100(A) Control of Animals Mandatory court
appearance
KIBC 6.04.100(B) and
(D)
Control of Animals (1st
offense)
$55
KIBC 6.04.100(B) and
(D)
Control of Animals (2nd
offense)
$83
KIBC 6.04.100(B) and
(D)
Control of Animals (3rd
and subsequent
offenses)
$110
KIBC 6.04.110 Animal Littering
Prohibited (1st offense)
$28
KIBC 6.04.110 Animal Littering
Prohibited (2nd offense)
$55
KIBC 6.04.110 Animal Littering
Prohibited (3rd and
subsequent offenses)
$83
KIBC 6.04.120(A), (B),
(C) and (D)
Animal Identification (1st
offense)
$28
KIBC 6.04.120(A), (B),
(C) and (D)
Animal Identification (2nd
offense)
$55
KIBC 6.04.120(A), (B),
(C) and (D)
Animal Identification (3rd
and subsequent
offenses)
$83
KIBC 6.04.130 Animal Tag and Collar
(1st offense)
$28
KIBC 6.04.130 Animal Tag and Collar
(2nd offense)
$55
KIBC 6.04.130 Animal Tag and Collar
(3rd and subsequent
offenses)
$83
KIBC 8.20.010(A) Littering $100 first offense, $300
second offense, $1000
third offense.
KIBC 8.20.010(B) Allowing Vehicle to be
Used in littering
$100 first offense, $300
second offense, $1000
third offense.
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 7 of 17
Ordinance No. FY2023-18 Page 3 of 6
KIBC 8.20.010(C) Allowing Vehicle to be
Used in the Improper
Disposal of Solid Waste
at a Borough Waste
Site
$100 first offense, $300
second offense, $1000
third offense.
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (1st offense)
$50
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (2nd offense)
$200
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (3rd offense)
$500
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (4th and
subsequent offenses)
$1,000
KIBC 10.10.010 Junk Vehicles (1st
offense)
$450
KIBC 10.10.010 Junk Vehicles (2nd and
subsequent offenses)
$600
KIBC 10.20.010 Obstruction of Rights-of-
Way (1st offense)
$50
KIBC 10.20.010 Obstruction of Rights-of-
Way (2nd offense)
$100
KIBC 10.20.010 Obstruction of Rights-of-
Way (3rd and
subsequent offenses)
$200
KIBC 10.20.020 Obstruction of Service
(1st offense)
$50
KIBC 10.20.020 Obstruction of Service
(2nd offense)
$100
KIBC 10.20.020 Obstruction of Service
(3rd and subsequent
offenses)
$200
KIBC 15.50.030(C) Violation of Stop Work
Order
$300 per day
KIBC 17.15.060 Failure to Obtain
Zoning Compliance
Permit
$300
KIBC 17.15.020 Use, Occupancy,
Construction in
Violation of Zone
Limitations, per day
$300.00
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 8 of 17
Ordinance No. FY2023-18 Page 4 of 6
KIBC 17.165.050 Improper Use of
Recreational Vehicle as
a Dwelling Unit
Mandatory Court
appearance
34
Section 3: That Kodiak Island Borough Section 8.20.010 Unlawful Acts is amended to read as 35
follows: 36
37
8.20.010 Unlawful Acts. 38
39
A. A person may not throw, drop, deposit, discard or otherwise dispose of litter from a vehicle 40
or otherwise, on public or private property in the borough or in waters in the borough or 41
under borough jurisdiction unless: 42
43
1. The property is designated by the borough as a site for the sanitary disposal of 44
garbage or refuse, and the person is authorized to use the site for that purpose; or 45
46
2. Litter is placed in a litter receptacle, and the person is authorized to use that 47
receptacle, so that the litter is prevented from being carried away or deposited by the 48
elements upon public or private property or waters in the borough or under borough 49
jurisdiction. 50
51
B. Use of vehicle to litter. A vehicle may not be in used in the commission of the 52
violation of subsection (A) of this section. It is a violation of this section to use or 53
allow the use of a vehicle in the violation of subsection (A) of this section. 54
55
1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or 56
corporation to authorize or knowingly to permit any vehicle registered in his, 57
her or its name to be used in the violation of subsection (A) of this section. 58
59
2. Registered Owner Responsible for Violations. A vehicle that is used in the 60
violation of subsection (A) of this section is considered to have been used by 61
any registered owner of the vehicle unless that registered owner is able to prove 62
by satisfactory evidence that at the time of the violation the vehicle was being 63
operated by another person without the consent of a registered owner and 64
beyond the control of a registered owner. When a vehicle is registered to two or 65
more owners each owner is deemed to have consented to any use of the vehicle 66
by another registered owner and each such owner shall be deemed to have 67
given consent to the use of the vehicle by any other person who has received 68
the consent of any registered owner. Only the registration records of the vehicle 69
as of the date of the violation or an acknowledgment of conveyance signed or 70
sworn to by the alleged new owner will be accepted as satisfactory evidence 71
that a vehicle has been sold or otherwise conveyed to a new owner. 72
73
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 9 of 17
Ordinance No. FY2023-18 Page 5 of 6
C. Use of vehicle to improperly deposit waste. A vehicle may not be used in the 74
transportation or disposal of solid waste, as defined in KIBC 8.25.020, at a 75
borough waste site unless the waste is placed in the container provided for that 76
purpose. It is a violation of this section to use or allow the use of a vehicle to 77
transport solid waste which is deposited on the ground outside of the container 78
at a waste site. For purposes of this section a waste site is a location where a 79
roll off container has been placed by the borough or its contractor for persons 80
to deposit solid waste. 81
82
1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or 83
corporation to authorize or knowingly to permit any vehicle registered in his, 84
her or its name to be used in the transportation or disposal of solid waste at 85
a borough waste site unless the waste is placed in the container provided for 86
that purpose. 87
88
2. Registered Owner Responsible for Violations. A vehicle that is used to 89
transport or in the disposal of solid waste at a borough waste site which is 90
not placed in the container provided for that purpose is considered to have 91
been used by any registered owner of the vehicle unless that registered 92
owner is able to prove by satisfactory evidence that at the time of the violation 93
the vehicle was being operated by another person without the consent of a 94
registered owner and beyond the control of a registered owner. When a 95
vehicle is registered to two or more owners each owner is deemed to have 96
consented to any use of the vehicle by another registered owner and each 97
such owner shall be deemed to have given consent to the use of the vehicle 98
by any other person who has received the consent of any registered owner. 99
Only the registration records of the vehicle as of the date of the violation or 100
an acknowledgment of conveyance signed or sworn to by the alleged new 101
owner will be accepted as satisfactory evidence that a vehicle has been sold 102
or otherwise conveyed to a new owner. 103
104
D. B. A vehicle may not be driven or moved on a public highway or right-of-way unless it 105
is constructed, loaded or covered to prevent its load from dropping, shifting, leaking or 106
otherwise escaping from the vehicle. This subsection does not apply to a vehicle used: 107
108
1. To deposit salt or sand to secure traction; or 109
110
2. By a public agency to clean or maintain highways. 111
112
The vehicle owner and the person who operates the vehicle are each responsible for penalties 113
for violation of this section. A person who operates a vehicle from which an object has fallen or 114
escaped which obstructs or endangers travel upon a public highway or right-of-way shall 115
immediately remove the object at his own expense or pay the cost of removal incurred by the 116
borough or by another party. 117
118
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 10 of 17
Ordinance No. FY2023-18 Page 6 of 6
Effective Date: This ordinance takes effect 30 days after adoption. 119
120
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 121
THIS _____ DAY OF_________________, 2023 122
123
KODIAK ISLAND BOROUGH 124
125
ATTEST: 126
___________________________ 127
[Name], Mayor ______________________________ 128
Nova M. Javier, MMC, Borough Clerk 129
130
Introduced by: KIB Assembly 131
First reading: 132
Second reading/public hearing: 133
134
VOTES: 135
Ayes: 136
Noes: 137
138
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 11 of 17
Ordinance No. FY2023-18 Page 1 of 6
KODIAK ISLAND BOROUGH 1
ORDINANCE NO. FY2023-18 2
3
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4
KODIAK ISLAND BOROUGH CODE TITLE 1 GENERAL PROVISIONS CHAPTER 1.20 5
GENERAL PENALTY SECTION 1.20.050 FINE SCHEDULE SETTING OUT PENALTIES IN 6
THE MINOR OFFENSE FINE SCHEDULE; AND AMENDING TITLE 8 HEALTH AND SAFETY 7
CHAPTER 8.20 LITTERING SECTION 8.20.010 UNLAWFUL ACTS REGARDING LITTERING 8
AND IMPROPER DISPOSAL OF WASTE 9
10
WHEREAS, the Kodiak Island Borough has adopted provisions to include certain code 11
violations in the Alaska Uniform Minor Offense Table (UMOT); thus, allowing enforcement with 12
citations as necessary requires reasons to be described in the code; and 13
14
WHEREAS, the Assembly desires to include additional code violations in the UMOT to enable 15
more effective enforcement where those violations occur; and 16
17
WHEREAS, the Assembly desires to establish new provisions in the Kodiak Island Borough 18
Code designed to enable more effective enforcement of prohibitions on improper disposal of 19
waste at transfer sites by making the owner of the vehicle used in connection with the improper 20
disposal of the waste responsible for the violation. 21
22
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23
BOROUGH that: 24
25
Section 1: This ordinance is of a general and permanent nature and shall become a part of the 26
Kodiak Island Borough Code of Ordinances. 27
28
Section 2: That Kodiak Island Borough Section 1.20.050 Fine Schedule is amended to read as 29
follows: 30
31
1.20.050 Fine Schedule. 32
33
Code Section Offense Penalty/Fine
KIBC 6.04.020 Cruelty to Animals Mandatory court
appearance
KIBC 6.04.060 Contagious Animals
Prohibited (1st offense)
$55
KIBC 6.04.060 Contagious Animals
Prohibited (2nd offense)
$83
KIBC 6.04.060 Contagious Animals
Prohibited (3rd and
subsequent offenses)
$100
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 12 of 17
Ordinance No. FY2023-18 Page 2 of 6
KIBC 6.04.080 Annoying Animals
Prohibited (1st offense)
$28
KIBC 6.04.080 Annoying Animals
Prohibited (2nd offense)
$55
KIBC 6.04.080 Annoying Animals
Prohibited (3rd and
subsequent offenses)
$83
KIBC 6.04.100(A) Control of Animals Mandatory court
appearance
KIBC 6.04.100(B) and
(D)
Control of Animals (1st
offense)
$55
KIBC 6.04.100(B) and
(D)
Control of Animals (2nd
offense)
$83
KIBC 6.04.100(B) and
(D)
Control of Animals (3rd
and subsequent
offenses)
$110
KIBC 6.04.110 Animal Littering
Prohibited (1st offense)
$28
KIBC 6.04.110 Animal Littering
Prohibited (2nd offense)
$55
KIBC 6.04.110 Animal Littering
Prohibited (3rd and
subsequent offenses)
$83
KIBC 6.04.120(A), (B),
(C) and (D)
Animal Identification (1st
offense)
$28
KIBC 6.04.120(A), (B),
(C) and (D)
Animal Identification (2nd
offense)
$55
KIBC 6.04.120(A), (B),
(C) and (D)
Animal Identification (3rd
and subsequent
offenses)
$83
KIBC 6.04.130 Animal Tag and Collar
(1st offense)
$28
KIBC 6.04.130 Animal Tag and Collar
(2nd offense)
$55
KIBC 6.04.130 Animal Tag and Collar
(3rd and subsequent
offenses)
$83
KIBC 8.20.010(A) Littering $100 first offense, $300
second offense, $1000
third offense.
KIBC 8.20.010(B) Allowing Vehicle to be
Used in littering
$100 first offense, $300
second offense, $1000
third offense.
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 13 of 17
Ordinance No. FY2023-18 Page 3 of 6
KIBC 8.20.010(C) Allowing Vehicle to be
Used in the Improper
Disposal of Solid Waste
at a Borough Waste
Site
$100 first offense, $300
second offense, $1000
third offense.
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (1st offense)
$50
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (2nd offense)
$200
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (3rd offense)
$500
KIBC 8.25.070(B)(3)(b) Solid Waste Storage and
Set-Out (4th and
subsequent offenses)
$1,000
KIBC 10.10.010 Junk Vehicles (1st
offense)
$450
KIBC 10.10.010 Junk Vehicles (2nd and
subsequent offenses)
$600
KIBC 10.20.010 Obstruction of Rights-of-
Way (1st offense)
$50
KIBC 10.20.010 Obstruction of Rights-of-
Way (2nd offense)
$100
KIBC 10.20.010 Obstruction of Rights-of-
Way (3rd and
subsequent offenses)
$200
KIBC 10.20.020 Obstruction of Service
(1st offense)
$50
KIBC 10.20.020 Obstruction of Service
(2nd offense)
$100
KIBC 10.20.020 Obstruction of Service
(3rd and subsequent
offenses)
$200
KIBC 15.50.030(C) Violation of Stop Work
Order
$300 per day
KIBC 17.15.060 Failure to Obtain
Zoning Compliance
Permit
$300
KIBC 17.15.020 Use, Occupancy,
Construction in
Violation of Zone
Limitations, per day
$300.00
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 14 of 17
Ordinance No. FY2023-18 Page 4 of 6
KIBC 17.165.050 Improper Use of
Recreational Vehicle as
a Dwelling Unit
Mandatory Court
appearance
34
Section 3: That Kodiak Island Borough Section 8.20.010 Unlawful Acts is amended to read as 35
follows: 36
37
8.20.010 Unlawful Acts. 38
39
A. A person may not throw, drop, deposit, discard or otherwise dispose of litter from a vehicle 40
or otherwise, on public or private property in the borough or in waters in the borough or 41
under borough jurisdiction unless: 42
43
1. The property is designated by the borough as a site for the sanitary disposal of 44
garbage or refuse, and the person is authorized to use the site for that purpose; or 45
46
2. Litter is placed in a litter receptacle, and the person is authorized to use that 47
receptacle, so that the litter is prevented from being carried away or deposited by the 48
elements upon public or private property or waters in the borough or under borough 49
jurisdiction. 50
51
B. Use of vehicle to litter. A vehicle may not be in used in the commission of the 52
violation of subsection (A) of this section. It is a violation of this section to use or 53
allow the use of a vehicle in the violation of subsection (A) of this section. 54
55
1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or 56
corporation to authorize or knowingly to permit any vehicle registered in his, 57
her or its name to be used in the violation of subsection (A) of this section. 58
59
2. Registered Owner Responsible for Violations. A vehicle that is used in the 60
violation of subsection (A) of this section is considered to have been used by 61
any registered owner of the vehicle. When a vehicle is registered to two or more 62
owners each owner is deemed to have consented to any use of the vehicle by 63
another registered owner and each such owner shall be deemed to have given 64
consent to the use of the vehicle by any other person who has received the 65
consent of any registered owner. Only the registration records of the vehicle as 66
of the date of the violation or an acknowledgment of conveyance signed or 67
sworn to by the alleged new owner will be accepted as satisfactory evidence 68
that a vehicle has been sold or otherwise conveyed to a new owner. 69
70
C. Use of vehicle to improperly deposit waste. A vehicle may not be used in the 71
transportation or disposal of solid waste, as defined in KIBC 8.25.020, at a 72
borough waste site unless the waste is placed in the container provided for that 73
purpose. It is a violation of this section to use or allow the use of a vehicle to 74
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 15 of 17
Ordinance No. FY2023-18 Page 5 of 6
transport solid waste which is deposited on the ground outside of the container 75
at a waste site. For purposes of this section a waste site is a location where a 76
roll off container has been placed by the borough or its contractor for persons 77
to deposit solid waste. 78
79
1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or 80
corporation to authorize or knowingly to permit any vehicle registered in his, 81
her or its name to be used in the transportation or disposal of solid waste at 82
a borough waste site unless the waste is placed in the container provided for 83
that purpose. 84
85
2. Registered Owner Responsible for Violations. A vehicle that is used to 86
transport or in the disposal of solid waste at a borough waste site which is 87
not placed in the container provided for that purpose is considered to have 88
been used by any registered owner of the vehicle When a vehicle is registered 89
to two or more owners each owner is deemed to have consented to any use 90
of the vehicle by another registered owner and each such owner shall be 91
deemed to have given consent to the use of the vehicle by any other person 92
who has received the consent of any registered owner. Only the registration 93
records of the vehicle as of the date of the violation or an acknowledgment of 94
conveyance signed or sworn to by the alleged new owner will be accepted as 95
satisfactory evidence that a vehicle has been sold or otherwise conveyed to 96
a new owner. 97
98
D. B. A vehicle may not be driven or moved on a public highway or right-of-way unless it 99
is constructed, loaded or covered to prevent its load from dropping, shifting, leaking or 100
otherwise escaping from the vehicle. This subsection does not apply to a vehicle used: 101
102
1. To deposit salt or sand to secure traction; or 103
104
2. By a public agency to clean or maintain highways. 105
106
The vehicle owner and the person who operates the vehicle are each responsible for penalties 107
for violation of this section. A person who operates a vehicle from which an object has fallen or 108
escaped which obstructs or endangers travel upon a public highway or right-of-way shall 109
immediately remove the object at his own expense or pay the cost of removal incurred by the 110
borough or by another party. 111
112
Effective Date: This ordinance takes effect 30 days after adoption. 113
114
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 115
THIS _____ DAY OF_________________, 2023 116
117
KODIAK ISLAND BOROUGH 118
119
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 16 of 17
Ordinance No. FY2023-18 Page 6 of 6
ATTEST: 120
___________________________ 121
[Name], Mayor ______________________________ 122
Nova M. Javier, MMC, Borough Clerk 123
124
Introduced by: KIB Assembly 125
First reading: 126
Second reading/public hearing: 127
128
VOTES: 129
Ayes: 130
Noes: 131
132
AGENDA ITEM #2.b.
Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...
Page 17 of 17
1
Kodiak Island Borough
OFFICE of the MANAGER
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301
TO: Kodiak Island Borough Assembly
FROM: Aimee Williams
RE: Managers Report, May 11, 2023
Manager’s Department
Union Negotiations – Negotiations restarted on Monday, May 8, 2023, and ran through May 9,
2023. The next round will continue Monday, May 15, 2023, and go through Tuesday, May 16,
2023.
Compensation Study – Meagan asked for an update and here is the response that we received.
I actually have an internal team meeting this afternoon to start discussing deliverables.
We are going to start combining all the results we received from the custom survey into aggregate
numbers. We had a fairly good response rate, so was happy to see that. We have also pulled market data
from a couple of different published survey sources.
Next steps are really going to focus on combining the three (3) different sources of data that we
have; Custom Survey, Published Survey and then the Alaska Compensation Survey Data you provided. I
think with these three (3) sources of data we should have well rounded comparable data.
Once we have this information combined, we will compare it to your current structure and actually
employee pay to see how things are looking. We will also take into account the DBM ratings you currently
use to make sure that still matches up as well. I will be working with Mike and August (I believe you
currently work with both on an ongoing basis) to pull that information together.
I am hopeful that we will have something over to you all in the next 2-3 weeks.
Thanks!
Allen
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Federal Advocacy - Meeting with the new regional representative for Senator Murkowski’s
office on May 25th. The meeting will be attended by the manager and Mayor Arndt.
Leases – City of Kodiak Borough Building Lease (Requested a time to meet with the City
Manager and Deputy Manager next week), Teen Court, Red Cross, Fairgrounds, KISA, Chiniak
Library (Message has been sent to those involved with the library to gauge the interest in keeping
the library operating), Long Term Care Facility
Bayside Fire Chief Recruitment – There have been two resumes submitted for the Fire Chief
position. Applications are being reviewed and rated. Once that part of the process is complete,
we will be starting interviews.
US Coast Guard Land – There is a meeting with staff from Senator Murkowski’s office that is
taking place via a Microsoft Teams Meeting on Monday, May 15, 2023, at 11AM.
Mission Road Paving Project – A letter of support was written to the Alaska Department of
Transportation in support of the Mission Road Pavement Improvement Project which was
submitted by the City of Kodiak.
Assessing Department –
Field Work - Assessing staff will start their field work soon if the weather permits. The 2023
field inspections are in for SD1. The public has been notified via the newspaper, website, and
Facebook.
Tax Roll – The certification of the assessed values for Fiscal Year 2024 was completed on May
10, 2023. The assessed value for all taxable real and personal property in the Kodiak Island
Borough is $1,591,237,690.
Planning and Zoning – Planning and Zoning met for a scheduled work session on Wednesday,
May 10, 2023.
Director Vacation - Seema will be out of office from May 18-June 12.
Community Development –
Staffing – Community Development has two of the four/five (depending on the time frame,
there have been either four or five) staff members.
UMOT – Topic for the work session tonight, May 11, 2023.
Parks & Recreation – There are two applicants that have requested to be on the Parks & Rec
board that are awaiting approval and appointment by Mayor Arndt. These appointments are in
the packet review tonight for the regular meeting on May 18, 2023.
3
Capital Improvement Projects – Villages have been notified about getting their CIP together
so that they can provide us with projects that have been vetted by either tribe or village board
approval. CIP lists aren’t due to CDD until August.
Director Vacation - Seema will be out of office from May 18 - June 12.
Engineering and Facilities –
Health and Facilities Advisory Board – The board met on Monday, May 8, 2023. Assembly
members Griffin and Smith, along with Mayor Arndt, were present for the meeting. Several
members from Providence Kodiak Island Medical Center were in attendance as well to share
their priorities for the facility. Next meeting is scheduled for Monday, July 10, 2023, at 3:00PM.
Community Clean-up Day – Thanks to all that participated in the Kodiak Chamber of
Commerce’s Community Clean-up Day. The following were collected -
Metals 5,220 lbs.
C&D 2,360 lbs.
Residential 3,400 lbs.
Yellow Bags 1,220 lbs.
HHW 660 lbs.
ADEC Permits – Application and revision of plans associated with the solid waste permit is
ongoing. The process is continuing with consultation being requested as the alterations to the
various plan components are being finalized prior to submission.
Alaska Waste – KIB met with Alaska Waste representatives to go over items in the contract that
need to be addressed. Some of items included definitions of words such as “premise” and
“service area”. Mayor Arndt sent an affidavit in response to an issue that came up concerning
the service area locations and whether certain customers were considered inside of that service
area.
KFRC and PKIMC - Kodiak Island Borough has partnered with Providence Kodiak to share in
bringing Remidi8 to Kodiak to perform inspection and provide a recommendation for the repair
or replacement of smoke dampers throughout the facility. As this is a life safety matter the KIB
wants to verify proper function, review recommendations based on the most current NFPA
Codes and repair and relace these devices to ensure function for the health and safety of the
occupants. This item is up for review at tonight’s meeting. The Health Facilities Advisory Board
indicated a positive recommendation for this project to be funded.
Elevators – The PKIMC Elevator needs renewal / replacement. Staff met with PKIMC and after
decided that a discussion is needed to develop a bid package that will possibly address all of the
elevators that KIB is responsible for maintaining.
4
KIBSD –
• Peterson Elementary – Pre-construction meeting held today. Friend Construction is
awaiting delivery estimates for components prior to preparing a schedule for the project.
Contract FY2023-47 is up for review tonight which would authorize the manager to
execute and award the Peterson Elementary HVAC and Roof Replacement Project to
Friend Contractors, LLC for $2,516,400.00.
• North Star Windows & Siding Phase 2 – KIB is waiting for a revised schedule. The
anticipated start is right after the end of the school year.
• Kodiak High School Roof Repairs – EF Department received a Notice of Work from
the contractor, Rain Proof Roofing, but are still waiting on a proposed time schedule.
OSHA Voluntary Compliance Visit – OSHA requirements are being completed. Anticipate
hiring an outside firm to assist in updating the required OSHA plans for the KIB. Serious
corrective actions are being rectified and extensions have been requested.
Full Size Truck - Full Size 1 Ton Pick-up Truck RFP is being prepared.
Leachate Treatment Plant – Contractor has set two large machinery components this week.
Building construction should begin as early as next week.
Stage 3 Closure/Leachate Treatment Plant SRF Loan - Staff from the Alaska State Revolving
Fund division have informed the Borough that the Financial Capacity Assessment was completed
and the request for $6,162,265 was accepted and recommendation to continue with the loan
agreement was determined. The next step is the loan agreement which will be on the next
available agenda.
Bayside Classroom Addition – Architect is working on the revised plan request for the design
of the addition to house restrooms, coffee mess and storage. The board has requested that the
design is taken to the 35% stage and a professional estimate be conducted at that time.
Touch Tank – Whenever the staff is available, KIB is making the adjustments to ensure that the
touch tank is open during cruise ship days.
Director – Dave returned to work on Monday, May 8, 2023.
Finance Department/ IT -
FY2024 Budget Preparation – The Manager’s Budget has been distributed and is available on
the website. Please feel free to bring questions to Dora. The sooner you bring your
questions/ideas, the more time staff has to incorporate them into budget amendments.
PATS Software – Property Assessment and Taxation Software - Internal discussions are
continuing. The Borough Attorney has contacted the company with KIB requests to start
finalizing what the investment will be.
5
Foreclosures Process – For real properties with delinquent 2021 tax balances, the Borough will
file for a Clerks Deed on June 6th. A 30-day notice will be sent to property owners. This has
started to be published in the newspaper beginning on May 5, 2023.
Small Claims Process – Previous court awarded judgements for delinquent taxes were
submitted to the courts as a claim against taxpayers PFDs. Staff is also preparing new Small
Claim Complaints against non-real property taxpayers who are delinquent in paying their taxes.
These complaints will be filed with the courts soon.
IT Employees – The new PC Tech has been a great addition to the IT team and they are looking
forward to the new GIS Analyst that will arrive in early June. This is the first time the IT
Department will be fully staffed in over three years.
Windows 11 – IT is working on the rollout of Windows 11 across KIB’s desktop computers.
Email – IT is working on completing KIB email migration to being cloud-based.
Incident Command System – IT is working on completing ICS training to be more prepared to
respond to potential cyberattacks or other events that may affect our region.
Director Vacation – Dora is out of the office from May 10-18.
List of Pending Items for Discussion
• City of Kodiak
o E911 System and compensation
o Lease of Borough Building and Borough Building Remodel / Upgrades
o Joint support and participation in the development of the Federal CIP List
• Disposition of Closed School Facilities
• Continued update of the Personnel Manual
• Leases – City of Kodiak Borough Building Lease, Teen Court, Red Cross, Fairgrounds,
KISA, Chiniak Library, Long Term Care
• Disposition of 717 Rezanof (Mental Health Buildings)
• Service Area Contracts
• Annual Contracts
• Additional Methods to Reward Employees in Personnel Manual
• Funding opportunities for road repairs and improvements.