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2020-02-06 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 6, 2020, 6:30 p.m., Assembly Chambers Page 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 4 - 9 A. *Regular Meeting Minutes Of January 16, 2020 2020-01-16 RM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 10 A. Teen Dating Violence Awareness And Prevention Month Teen Dating Violence Awareness and Prevention 2020 B. Comprehensive Annual Financial Report (CAFR)/Audit Presentation - Grant Todd, CPA, Altman, Rogers & Co, Borough Auditors Page 1 of 88 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 8. COMMITTEE REPORTS 9. PUBLIC HEARING 11 A. Ordinance No. FY2020-01B Amending Ordinance No. FY2020- 01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. Output Document (AS - 1106) - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 12 - 16 A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund Output Document (AS - 1092) - Pdf 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 17 - 18 1. * Resolution No. FY2020-19 Safeguarding Alaska's Oil Spill Prevention And Response Standards Resolution No. FY2020-19 Safeguarding Alaskas Oil Spill Prevention and Response Standards 13.C. Ordinances for Introduction 19 - 60 1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Island Borough amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the Borough code to clarify and make consistent language relating to code enforcement. Output Document (AS - 1105) - Pdf 13.D. Other Items 1. * Letter of Support Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) Page 2 of 88 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 61 - 75 2. * Appointment To The Providence Kodiak Island Medical Center Community Advisory Board (Dr. Juergens and Mr. Turner) Nominations to Providence Advisory Board - Pdf Board Recommendation Letter 2020 Support Letter for Turner and Juergens (Ministry Board) 2020 Juergons Recommendation Letter 2020 Turner Recommendation Letter 2020 Turner Resume 76 - 79 3. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. Shields). Output Document (AS - 1119) - Pdf 80 - 86 4. * Confirmation of Mayoral Appointment To The Parks and Recreation Committee (Mr. Hersh). Output Document (AS - 1120) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.B. Reports 87 - 88 1. Discover Kodiak, Second Quarter Report Discover Kodiak 2020_Quarter_2_Report Page 3 of 88 Kodiak Island Borough January 16, 2020 Assembly Regular Meeting Minutes Page 1 of 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting January 16, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on January 16, 2020 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Welinsky, and Borough Deputy Clerk Alise Rice. APPROVAL OF AGENDA AND CONSENT AGENDA SCHROEDER moved to amend the agenda and consent agenda by moving Public Comment Letter Regarding Humpback Whale Critical Habitat Designation to Other Items for discussion. KAVANAUGH moved to approve the agenda and consent agenda as amended. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. APPROVAL OF MINUTES Regular Meeting Minutes Of December 19, 2019 were approved under consent agenda. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen’s comments: Paul VanDyke Jonathon Strong AWARDS AND PRESENTATIONS Mayor Roberts declared The Month Of January 2020 As Stalking Awareness Month,. The proclamation was accepted by Kimberly Dolph, Advocate, Womens Resource and Crisis Center. COMMITTEE REPORTS Assembly member Dvorak spoke on the recent Solid Waste Advisory Board meeting. Assembly member Kavanaugh spoke on the recent Consolidation Committee meeting. PUBLIC HEARING None. AGENDA ITEM #5.A. *Regular Meeting Minutes Of January 16, 2020 Page 4 of 88 Kodiak Island Borough January 16, 2020 Assembly Regular Meeting Minutes Page 2 of 6 BOROUGH MANAGER’S REPORT Manager Powers reported on the following: Prepared for and conducted union negotiations. Met with shop steward and business representative to discuss several personnel matters. Reviewed various issues with Finance for budgets and other operational issues. Discussed social media with two of the newer employees. Met with citizens on various topics including bears, garbage removal services and land use. Reviewed status of consolidation committee work; started reviewing city financial information. Met with the City to assist on snow storage. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Roberts reported on the following: Letter from Old Harbor requesting a letter of support for a Community Center. Spoke about the Board of Fish meeting. UNFINISHED BUSINESS 1. Ordinance No. FY2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. After the last regular meeting on August 15th, the Clerk’s Office was asked to research the current Borough policy on Assembly member attendance. Specifically: • If Assembly members could be “excused” if they missed a meeting for work purposes • If there was anything in the code defining good cause or giving guidance/criteria in regard to when the Assembly should excuse an absence or not • Are there legal opinions on what constitutes a “meeting” for purposes of determining if an Assembly member has missed half of the meetings in a one-year period After reading the KIB code and consulting with the former Borough Clerk and the Borough’s lawyer, Scott Brandt-Erichsen, I have come to the following conclusions: there are currently no criteria defining good cause or giving guidance in regard to Assembly member absences. KIB Code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, 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. KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. AGENDA ITEM #5.A. *Regular Meeting Minutes Of January 16, 2020 Page 5 of 88 Kodiak Island Borough January 16, 2020 Assembly Regular Meeting Minutes Page 3 of 6 • There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members’ absences from meetings which was reinterpreted by our lawyer, Scott Brandt- Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough’s possession and only the minutes and packets are available for interpretation. Mr. Brandt-Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt-Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. Regarding the excused versus unexcused issue, Mr. Brandt-Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. ARNDT moved to postpone Ordinance No. FY2020-12 (Version 2) indefinitely. *Clerks Note: This ordinance was introduced on December 19, 2019 regular meeting and postponed to January 16, 2020. The motion on the floor was move to advance Ordinance No. FY2020-12 version 2 to public hearing. Motion to postpone indefinitely: The purpose of the motion to postpone indefinitely is to kill the motion that is pending. If it passes the main motion is thus killed and there does not need to be a vote on the main motion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, Turner, and Arndt. NEW BUSINESS A. Contracts None. B. Resolutions none None. C. Ordinances For Introduction 1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut To The State Aid For Costs Of School Construction Debt Program. DVORAK moved to advance Ordinance No. FY2020-01B to public hearing at the next regular meeting of the Assembly. Due to the Governor's 50% budget funding cut to the State Aid for Costs of School Construction Debt program, this ordinance details changes and accounts for the additional funding needed to pay the Borough's general obligation bond payment for FY2020. ROLL CALL VOTE ON MOTION TO ADVANCE TO PUBLIC HEARING CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak. AGENDA ITEM #5.A. *Regular Meeting Minutes Of January 16, 2020 Page 6 of 88 Kodiak Island Borough January 16, 2020 Assembly Regular Meeting Minutes Page 4 of 6 OTHER ITEMS *approved under consent agenda 1. *Releasing The Memo Regarding The Process For Loans Or Grants From the Facilities Fund From The Borough Attorney. Levesque (January 2014) Wohlforth (July 2012) Jamin (August 1994) 2. *Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Borough. 3. Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. KAVANAUGH moved to approve Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. ARNDT moved to approve Version 2 of Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. ROLL CALL VOTE ON MOTION TO APPROVE VERSION 2 CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. ROLL CALL VOTE ON MAIN MOTION AS AMEND CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Turner, Arndt, Dvorak, and Kavanaugh. 4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committee (Mr. Jordan). 5. *Confirmation of Mayoral Appointment to the Planning and Zoning Commission City Seat (Ms.Harrington). 6. *Confirmation of Mayoral Appointment to the Solid Waste Advisory Board, Construction Business Representative Seat (Mr. Hogen). 7. *Declaring A Seat On The Architectural / Engineering Review Board (Mr. Steven Neff). CITIZENS’ COMMENTS Matt VanDale ASSEMBLY MEMBERS’ COMMENTS Assembly member Symmons remarked on Jonathan Strong and spoke about his past personal experiences. Assembly member Kavanaugh spoke about the Board of Fish meeting and the Alaska Marine Highway System. Assembly member Skinner spoke about Governor Dunleavy’s letter of invitation to Kodiak and stated the Kodiak College Director search is on again. Assembly member Schroeder had no comment. AGENDA ITEM #5.A. *Regular Meeting Minutes Of January 16, 2020 Page 7 of 88 Kodiak Island Borough January 16, 2020 Assembly Regular Meeting Minutes Page 5 of 6 Assembly member Turner spoke about the Board of Fish. Assembly member Dvorak expressed his gratitude to the Assembly members who testified at the Board of Fish. He also spoke about Alaska Marine Highway System. Assembly member Arndt spoke about the Board of Fish meeting. Announcements The next Assembly work session is scheduled for Thursday, January 23, 2020, at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, February 6, 2020, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. DVORAK moved to convene into executive session under the authority of KIBC 2.30.030(F) (1)(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. ARNDT moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting at 7:38 p.m. and convened the executive session. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 8:24 p.m. and announced that no action was taken as result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 8:29 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of January 16, 2020 Page 8 of 88 Kodiak Island Borough January 16, 2020 Assembly Regular Meeting Minutes Page 6 of 6 AGENDA ITEM #5.A. *Regular Meeting Minutes Of January 16, 2020 Page 9 of 88 Office of the Mayor Kodiak Island Borough, Alaska Proclamation DECLARING FEBRUARY 2020 AS NATIONAL TEEN DATING VIOLENCE AWARENESS AND PREVENTION MONTH WHEREAS, everyone has the right to experience a healthy and safe relationship, free of abuse; and it is of great importance that adequate education about healthy relationships be available to Alaska's youth, as well as safe harbor for those who are experiencing abuse from a dating partner; and WHEREAS, it is known that young women between the ages of 16 and 24 are more vulnerable to dating violence which often entails the use or threat of physical, sexual, verbal, or emotional, abusive behavior by a current or previous dating partner; and WHEREAS, according to the 2017 Alaska Youth Risk Behavior Survey, 1,700 students (5.5 percent) in Alaska's traditional high school programs experienced sexual dating violence one or more times during the past year and nearly 2,300 (7.3 percent) experienced physical dating violence one or more times during the past year; and WHEREAS, high school students who experience physical violence in a dating relationship are more likely to self-medicate using drugs and alcohol, are at a greater risk of suicide, and are more likely to carry patterns of abuse into future dating relationships; and WHEREAS, by providing young people with education about healthy relationships and relationship skills, and by affecting change in the attitudes that support violence, dating violence can be prevented; and WHEREAS, Alaska’s teen dating violence outreach, education, and prevention efforts are having a positive effect indicated by the reduction in both physical dating violence and sexual dating violence. Between 2015 and 2017 sexual dating violence decreased from 10.1 percent to 5.5 percent, and physical dating violence decreased from 9.5 percent to 7.3 percent; and WHEREAS, in 2018 Alaska passed legislation to establish February as Teen Dating Violence Awareness and Prevention month which may be observed through appropriate activities that increase the public ’s awareness of teen dating violence in the state. NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim the month of February 2020 as: National Teen Dating Violence Awareness and Prevention Month and applaud the efforts of the Kodiak Women’s Resource and Crisis Center for their efforts in promoting awareness about teen dating violence. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed ___________________________________ William Roberts, Borough Mayor Attest: _____________________________ Date: _____________________________ AGENDA ITEM #7.A. Teen Dating Violence Awareness And Prevention Month Page 10 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut to the State Aid For Costs of School Construction Debt Program. ORIGINATOR: Dora Cross RECOMMENDATION: Move to approve Ordinance No. FY2020-01B. DISCUSSION: Due to the Governor's 50% budget funding cut to the State Aid for Costs of School Construction Debt program, this ordinance details changes and accounts for the additional funding need ed to pay the Borough's general obligation bond payment for FY2020. Funds: Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 201 - Education Support Fund (transfer $1,632,815 to Fund 300 - Debt Service) • Fund 276 - Facilities Fund (receives $121,841 from Fund 469 - Renewal & Replacement Fund and transfers $417,596 to Fund 300 - Debt Service) • Fund 300 - Debt Service Fund (received $1,632,815 from Fund 201 - Education Support Fund and $417,596 from Fund 276 - Facilities Fund) Projects: Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the projec t itself is created. Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original estimates, or funds that remain at the completion of the project. The projects being amended by this budget amendment are: • Fund 469 - Revenues are decreased by $121,841 ALTERNATIVES: Not passing this ordinance means fund budget expenses may exceed their appropriations and projects may not be started and/or completed. FISCAL IMPACT: See 'Discussion' above. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2...Page 11 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2020-15 to public hearing. DISCUSSION: Per Assembly request, our attorney has sent staff the code changes that would be necessary in order to utilize the Facilities Fund to provide: 1. Loans to other funds as investments for periods of under a year at interest rates at least as high as the most recent return on investment of Borough funds with or without a public vote; 2. Loans to other funds as investments for periods of more than one year at interest rates as high as the most recent return on investment of Borough funds with voter approval of the debt by the fund receiving the loan; 3. Loans to other funds which: are not investments; are subject to annual appropriations for repayment; are for periods of either over or under one year; and are at interest rates at least as high as the most recent return on investment of Borough funds, with or without a public vote; and 4. Grants to other areawide funds with or without a public vote. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 12 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold, Blue, Underlined Version 1 1 Introduced by: Finance Director 2 Drafted by: Finance Director 3 Introduced on: 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2020-15 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 TITLE 3 REVENUE AND FINANCE CHAPTER 3.10.030 PERMISSIBLE INVESTMENTS AND 12 CHAPTER 3.10.120 FACILITIES FUND 13 14 WHEREAS, The Kodiak Island Borough Assembly finds that the Facilities Fund is an areawide 15 borough reserved fund which contains sufficient funds to facilitate loans or grants when needed 16 to allow the Borough to respond to unexpected fiscal challenges or budgetary demands; and 17 18 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 19 investment of funds from the Facilities Fund by interest bearing multi-year loan to Borough 20 areawide, non-areawide or service area funds, provided that such loans comply with limitations 21 on long term borrowing by Borough funds; and 22 23 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 24 the grant of funds from the Facilities Fund to other Borough areawide funds for areawide 25 purposes; and 26 27 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 28 the loan of funds from the Facilities Fund to other Borough areawide funds for areawide, non- 29 areawide or service area purposes under terms where repayment is subject to annual 30 appropriations; and 31 32 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to 33 prescribe rules for loans or grants from the Facilities Fund to other Borough funds; and 34 35 WHEREAS, The Kodiak Island Borough Assembly finds that loans or grants from the Facilities 36 Fund should be memorialized by ordinance. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT: 40 41 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 42 Kodiak Island Borough Code of Ordinances. 43 AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 13 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold, Blue, Underlined Version 1 44 Section 2: That section 3.10.030 Permissible Investments of the Kodiak Island Borough Code 45 of Ordinances is amended to read as follows: 46 47 3.10.030 Permissible investments. 48 The finance director shall invest money only in the following types of security instruments: 49 A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; 50 B. Bonds and other evidence of indebtedness of the State of Alaska, or any municipality, or 51 political subdivision of the State of Alaska; 52 C. Savings accounts, certificates of deposit, banker’s acceptances, repurchase agreements, 53 and such other legal security instruments; or 54 D. The Alaska Municipal League Investment Pool, Inc., made in accordance with the terms of 55 that pool’s “Common Investment Agreement; or 56 E. Loans to borough areawide, nonareawide or service area funds, provided that such 57 loans must be approved by ordinance setting out the term, interest rate and repayment 58 schedule for such loans. The interest rate shall be not less than the most recent annual 59 investment return rate for invested Borough funds. When such loans are not payable 60 within one year, the ordinance must be ratified by the voters as required by law at a 61 regular or special election. 62 63 Section 3: That section 3.10.120 Facilities Fund of the Kodiak Island Borough Code of 64 Ordinances is amended to read as follows: 65 66 3.10.120 Facilities fund. 67 A. The facilities fund is established as a separate special revenue fund which is distinct from all other 68 funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the 69 Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The 70 assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional 71 funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole 72 and subject to the regulations of the facilities fund. 73 B. The fund may be invested only as provided in KIBC 3.10.030. The fund may not be appropriated 74 or spent, except as provided in this section. The earnings or principal shall at no time run or 75 supplement the running of government except as specified in this section. 76 C. Repealed by Ord. FY2008-08. AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 14 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold, Blue, Underlined Version 1 77 D. The excess income of the fund is defined as 85 percent of the annual investment income from the 78 fund. The excess income of the fund is available for appropriation by the assembly in the fiscal year 79 following the year in which the income is earned. The excess income of the fund may be 80 appropriated only for the following purposes: 81 1. Maintenance and repair of existing borough facilities; 82 2. Insurance paid by the borough for borough buildings; 83 3. Upgrade and reconstruction of existing facilities; or 84 4. Debt service on general obligation bonds issued for facilities construction – up to 50 percent of 85 excess may be used for this purpose. 86 E. The Assembly may, by ordinance, appropriate the excess income, and such portion of the 87 fund principal as the Assembly may determine, for grants to other areawide Borough funds 88 or A portion of the fund may be appropriated for another areawide Borough purpose. only upon 89 approval of an ordinance ratified by a two-thirds majority of Unless specifically waived by the 90 appropriations ordinance, grants from the Facilities Fund may only be made by an ordinance 91 approved by the qualified voters at a regular or special election. 92 F. The Assembly may, by ordinance, appropriate the excess income, and such portion of the 93 fund principal as the Assembly may determine, for a loan to a Borough areawide, non- 94 areawide or service area fund which is not repayable within one year and for which the 95 repayment is subject to annual appropriation. Any such ordinance shall set out the term, 96 interest rate and repayment schedule for the loan. Unless specifically waived by the 97 appropriations ordinance, an ordinance authorizing a loan under this section may only be 98 made by an ordinance approved by the qualified voters at a regular or special election. 99 100 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 101 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 102 103 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 104 THIS __________ DAY OF _______________, 2019. 105 106 KODIAK ISLAND BOROUGH ATTEST: 107 108 109 ___________________________ ___________________________ 110 William Roberts, Mayor Tara Welinsky, Clerk 111 112 VOTES: AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 15 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold, Blue, Underlined Version 1 113 Ayes: 114 Noes: AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 16 of 88 Kodiak Island Borough, Alaska Resolution No. FY2020-19 Page 1 of 2 Introduced by: Borough Assembly 1 Drafted by: Borough Clerk 2 Introduced on: 02/06/2020 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2020-19 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 SAFEGUARDING ALASKA’S OIL SPILL PREVENTION AND RESPONSE STANDARDS 10 11 WHEREAS, after the 1989 Exxon Valdez oil spill, Alaska citizens and the Alaska Legislature 12 worked together to protect the state from major oil spills by enacting comprehensive laws and 13 regulations dealing with prevention, response, contingency planning, financial responsibility, 14 oversight, monitoring, and other subjects related to the safe handling and transportation of oil and 15 other hazardous substances; and 16 17 WHEREAS, these laws and regulations were based on real world experiences and the painful 18 lessons of the Exxon Valdez oil spill and were crafted in coordination with State government and 19 oil industry partners, requiring extensive compromise in the determined Response Planning 20 Standards; and 21 22 WHEREAS, oil spill prevention and response contingency planning regulations were adopted by 23 the State of Alaska in 1992, and the regulations have been revised on nine occasions to clarify 24 the requirements, streamline the review process, include new categories of contingency plans, 25 and make the contingency planning process less onerous and the approval of those plans more 26 predictable and expeditious; and 27 28 WHEREAS, as a result of post-Exxon Valdez oil spill laws and regulations, Alaska has world-29 class oil spill prevention and response requirements to protect its people and its environment, as 30 well as commercial and sport fishing, aquaculture, recreation, tourism, subsistence, and cultural 31 interests; and 32 33 WHEREAS, on October 15, 2019, the State of Alaska’s Department of Environmental 34 Conservation Commissioner issued a public scoping notice seeking input on existing regulations 35 and statutes because he has "heard from many Alaskans that contingency plans are 36 unnecessarily burdensome while lacking corresponding environmental benefits;” and 37 38 WHEREAS, it is imperative that the Department of Environmental Conservation recognize that 39 existing regulations have worked to allow 30 profitable years while industry complied with the laws 40 and regulations, demonstrating the requirements are not too burdensome, and to not disregard 41 the hard work of hundreds of Alaskans who worked tirelessly after the Exxon Valdez oil spill to 42 ensure that the State of Alaska would never again suffer an environmental disaster like what 43 occurred in 1989; and 44 45 Version 1 AGENDA ITEM #13.B.1. * Resolution No. FY2020-19 Safeguarding Alaska's Oil Spill Prevention An...Page 17 of 88 Kodiak Island Borough, Alaska Resolution No. FY2020-19 Page 2 of 2 WHEREAS, reducing the burden on industry by rolling back or eliminating proven oil spill 46 prevention and response requirements transfers the risk and burden of another oil spill to the 47 communities, citizens, and environment; and 48 49 WHEREAS, The Assembly of the Kodiak Island Borough recognizes Kodiak’s dependence on 50 fisheries and healthy marine environment and has an interest in protecting our community’s 51 social, environmental, and economic wellbeing from any future oil spills. 52 53 NOW, THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND 54 BOROUGH stands strongly against any legislative or regulatory changes that erode oil spill 55 prevention and response standards, increasing the risk of a catastrophic spill; and 56 57 BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 believes that, if the system created after the 1989 spill is weakened, Alaskans will likely face an 59 increased risk of reliving another major oil spill that could damage Alaska’s commercial, sport and 60 subsistence fishing, sport and subsistence hunting, other businesses, fish, wildlife, environment, 61 and the culture and quality of life of the people. 62 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS __________ DAY OF _______________, 2020. 65 66 KODIAK ISLAND BOROUGH ATTEST: 67 68 69 ___________________________ ___________________________ 70 William Roberts, Mayor Tara Welinsky, Clerk 71 72 VOTES: 73 Ayes: 74 Noes: 75 76 AGENDA ITEM #13.B.1. * Resolution No. FY2020-19 Safeguarding Alaska's Oil Spill Prevention An...Page 18 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Island Borough amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the Borough code to clarify and make consistent language relating to code enforcement. ORIGINATOR: Erin Welty RECOMMENDATION: Move to advance Ordinance No. FY2020-09 to public hearing. DISCUSSION: Following discussion at the January 9, 2020 work session, staff has made suggested changes to code sections addressing enforcement and the UMOT table. Attached for review is a copy showing all proposed changes and a clean copy with the proposed changes for easier changes. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 19 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 1 of 21 Insertion – Bold, Blue, Underlined Version 1 1 Introduced by: Borough Manager 2 Drafted by: Borough Manager 3 Introduced on: 01/16/2020 4 Public Hearing Date: 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND 11 MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT 12 13 WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak 14 Island Borough Code to accommodate inclusion of certain Borough Code violations in the 15 Alaska Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and 16 17 WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as 18 misdemeanors restricts the ability to enforce those offenses through a citation process; and 19 20 WHEREAS,the Assembly finds that it is appropriate to update references to enforcement 21 officers in the Borough Code to eliminate different terms referring to the same functions; and 22 23 WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to 24 enforce the Borough Code using the minor offense process through the Alaska Court system. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature 30 and shall become a part of the Kodiak Island Borough Code of Ordinances. 31 32 Section 2:Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read 33 as follows: 34 35 Chapter 1.20 36 GENERAL PENALTY 37 Sections: 38 1.20.010 Designated. 39 1.20.020 Scope of prohibitions. 40 1.20.030 Code enforcement officer designation. 41 1.20.040 Application of fine schedule. 42 1.20.050 Fine schedule. 43 44 1.20.010 Designated. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 20 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 2 of 21 Insertion – Bold, Blue, Underlined Version 1 45 A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a 46 fine of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is 47 established by ordinance for the provision violated and that penalty is listed in the schedule of 48 fines adopted by the borough assembly, that penalty shall apply. 49 50 B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be 51 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 52 payment of the fine amounts established in a schedule of fines adopted by the borough 53 assembly by ordinance resolution, plus the state surcharge required by AS 12.55.039 and 54 29.25.074. For purposes of elevated fines for subsequent offenses, a prior offense is 55 within the time period for consideration if the conviction for that offense occurred within 56 3 years prior to the date of the present alleged violation. The Rules of Minor Offense 57 Procedure in the Alaska Rules of Court apply to all offenses listed in the established schedule of 58 fines. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If 59 a person charged with one of these offenses appears in court and is found guilty, the penalty 60 imposed for the offense may not exceed the fine amount for that offense listed. If an offense is 61 not listed on this schedule of fines, or if an offense is listed as requiring a mandatory court 62 appearance, the defendant must appear in court to answer to the charges. These fines 63 prescribed in the fine schedule may not be judicially reduced. 64 65 C. The borough or an aggrieved person may institute a civil action against a person, including a 66 minor as provided in this subsection, who violates any provision of this code. In addition to 67 injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the 68 borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to 69 enjoin a violation may be brought notwithstanding the availability of any other remedy. On 70 application for injunctive relief and a finding of a violation or a threatened violation, the superior 71 court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a 72 separate violation. 73 74 D. The borough shall provide written notice to the commissioner of health and social services or 75 to the commissioner’s designee of the commencement of a civil enforcement action for the 76 violation of an ordinance under subsection C of this section against a minor. Unless the 77 commissioner and the borough have negotiated an agreement making other arrangements for 78 the borough to provide the notice required by this subsection, the borough shall provide the 79 notice by mailing a copy of the citation or other document setting out the notice of the 80 commencement of the civil enforcement action. 81 82 E. In this section, “minor” means a person under 18 years of age. 83 84 F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty 85 against a minor for violation of any provision of this code shall be heard in the district court in 86 the same manner as for similar allegations brought against an adult, except that the minor’s 87 parent, guardian, or legal custodian shall be present at all proceedings unless the court excuses 88 the parent, guardian, or legal custodian from attendance for good cause. 89 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 21 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 3 of 21 Insertion – Bold, Blue, Underlined Version 1 90 G. An action for a civil penalty filed against a minor under this section does not give rise to the 91 right to a trial by jury or to counsel appointed at public expense. 92 93 1.20.020 Scope of prohibitions. 94 When an ordinance of the borough prohibits an act or an omission, it shall be construed to 95 prohibit causing, aiding, abetting, or concealing the fact of the act or omission. 96 97 1.20.030 Code enforcement officer designation. 98 The manager may designate in writing as borough code enforcement officers those 99 persons authorized to enforce any part of this code. Any officer so designated to 100 enforce some or all provisions of the KIB Code shall be authorized to issue citations, or 101 notices of violation where permitted, for any violation of this code which the officer is 102 authorized to enforce in the manner provided by AS 12.25.180 through 12.25.230. 103 Borough code enforcement officers appointed under the authority of this section shall 104 not have the general authority of police officers. 105 106 1.20.040 Application of fine schedule. 107 A. For voluntary disposition after either arraignment or application for entry of a default 108 judgment, the alleged violator may submit the amount set forth in the fine schedule, 109 along with the required statutory police training surcharge, to the court. 110 111 B. In the event any penalties or fines are not paid within 30 days after the date they are 112 due pursuant to the court’s order, such penalties or fines shall be delinquent. 113 114 C. Notwithstanding other provisions of this section, delinquent penalties and fines may 115 be collected through any lawful means. The cost of collection of such accounts shall be 116 added to the amount owed. 117 118 1.20.050 Fine schedule. 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 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 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 22 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 4 of 21 Insertion – Bold, Blue, Underlined Version 1 Code Section Offense Penalty/Fine KIBC 6.04.100(A)Control of Animals mandatory court appearance KIBC 6.04.100(B)&(D)Control of Animals (1st offense)$55 KIBC 6.04.100(B)&(D)Control of Animals (2nd offense)$83 KIBC 6.04.100(B)&(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 Animal Identification (1st offense)$28 KIBC 6.04.120 Animal Identification (2nd offense)$55 KIBC 6.04.120 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 8.25.070(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) $1000 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 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 23 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 5 of 21 Insertion – Bold, Blue, Underlined Version 1 Code Section Offense Penalty/Fine 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) $200 119 120 The schedule of fines shall be reviewed annually by the borough assembly during the 121 development of the budget. The community development director shall review the fines 122 for consistency with the State of Alaska’s Rules of Minor Offense Procedure and present 123 the findings to the borough assembly for consideration during its review. 124 125 Section 3:Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is 126 amended to read as follows: 127 128 6.04.270 Penalties and remedies. 129 A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 130 6.04 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 131 appearance, upon payment of the fine amounts established in a schedule of fines adopted by 132 the borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 133 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 134 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. 135 Citations charging these offenses must meet the requirements of Minor Offense Rule 3. 136 Alternatively, the person may choose to appear in court and contest the citation. If a person 137 charged with one of these offenses appears in court and is found guilty, the penalty imposed for 138 the offense may not exceed the fine amount for that offense listed. If an offense is not listed on 139 this schedule of fines, the defendant must appear in court to answer to the charges. These fines 140 may not be judicially reduced. If a person is cited for an offense for which a scheduled fine has 141 been established under this chapter and fails to pay a fine or appear in court, the citation shall 142 be considered a summons for a misdemeanor. 143 144 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 145 may bring a civil action to enjoin any violation of this chapter. An action for injunction under this 146 section may be brought notwithstanding the availability of any other remedy. Upon application 147 for injunctive relief and the finding of an existing or threatened violation, the superior court shall 148 enjoin the violation. 149 150 C. Each act or condition violating this chapter, and each day during which the act or condition 151 exists when the owner or keeper is known to be aware of the condition, shall be a separate and 152 distinct violation except in circumstances where the violation is acknowledged and actively 153 being corrected. 154 155 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 156 other penalty provided for in state law or any civil remedy available to the borough. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 24 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 6 of 21 Insertion – Bold, Blue, Underlined Version 1 157 158 Section 4:Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is 159 amended to read as follows: 160 161 8.20.030 Penalties and remedies. 162 A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 163 8.20 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 164 appearance, upon payment of the fine amounts established in a schedule of fines adopted by 165 the borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 166 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 167 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. 168 Citations charging these offenses must meet the requirements of Minor Offense Rule 3. 169 Alternatively, the person may choose to appear in court and contest the citation. If a person 170 charged with one of these offenses appears in court and is found guilty, the penalty imposed for 171 the offense may not exceed the fine amount for that offense listed. If an offense is not listed on 172 this schedule of fines, the defendant must appear in court to answer to the charges. These fines 173 may not be judicially reduced. If a person is cited for an offense for which a scheduled fine has 174 been established in the schedule of fines and fails to pay a fine or appear in court, the citation 175 shall be considered a summons for a misdemeanor. In addition, the court may order the person 176 to gather and dispose of litter in an area and for a length of time to be determined by the court. 177 178 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 179 may bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury 180 the plaintiff suffered as a result of the violation. 181 182 C. Each act or condition violating this chapter and each day during which the act or condition 183 exists, continues or is repeated shall be a separate and distinct violation. 184 185 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 186 other penalty provided for in state law or any civil remedy available to the borough. 187 188 Section 5:Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read 189 as follows: 190 191 8.25.020 Definitions. 192 In this chapter, each of the following terms has the respective corresponding meaning: 193 194 “Bear cart” means a cart designed to be resistant to opening by bears. 195 196 “Bin” means a receptacle for storing solid waste that is picked up with front-end loading 197 vehicles, 198 such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.” 199 200 “Borough landfill” means the landfill owned by the borough. 201 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 25 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 7 of 21 Insertion – Bold, Blue, Underlined Version 1 202 “Bulky item(s)” means any large item of solid waste, as determined from time to time by the 203 manager which can be safely lifted by two individuals using a dolly, generated at residential 204 premises and discarded at residential set-out sites, such as the following: 205 1. Furniture, including metal desks and storage cabinets; 206 2. Pianos and organs; 207 3. Televisions; 208 4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and 209 stoves; 210 5. Toys, bikes, and dismantled swing sets; 211 6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 212 tires per customer each calendar month, with rims removed; and 213 7. Any item, other than lumber, that can be cut or broken down meeting the following 214 requirements: 215 a. Not longer than four feet in length; and 216 b. Weighing no more than 70 pounds. 217 218 “Bulky items” does not mean the following: 219 1. Material generated at nonresidential premises, including commercial business 220 operations; 221 2. Bundled yard waste, branches; 222 3. Sod, soil, and rock; 223 4. Broken concrete and asphalt; 224 5. Brick, block, and stone; 225 6. Railroad ties or similar type of retaining wall timbers; 226 7. Remodeling debris, including shingles; 227 8. Carpeting; 228 9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 229 10. Windows and doors; 230 11. Lumber; 231 12. Animal waste, including all excrement from domestic animals and fowl, and all hay, 232 straw, or other materials that have been used for animals’ or fowls’ bedding; 233 13. Liquids, including paint; 234 14. Hazardous waste, including household hazardous waste; 235 15. Fuel oil tanks; and 236 16. Any automotive parts, including vehicle batteries and tires. 237 238 “C&D (Construction & Demolition) Debris” means any Solid Waste discarded in 239 Dumpsters 240 or Roll-off Containers that the Contract hauler must collect under the On-Call Temporary 241 Dumpster and Roll-Off Collection Service section of the approved Collection contract, 242 such as the following: 243 1. Bundled yard waste, branches; 244 2. Sod, soil and rock; 245 3. Broke concrete and asphalt; 246 4. Brick, block, and stone; AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 26 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 8 of 21 Insertion – Bold, Blue, Underlined Version 1 247 5. Railroad ties or similar type of retaining wall timbers; 248 6. Remodeling debris; 249 7. Carpeting; 250 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 251 9. Windows and doors; and 252 10. Lumber. 253 254 “Cart” means a wheeled receptacle for storing solid waste that can be emptied by either 255 semi- or fully-automated vehicles. 256 257 “Collection contract” means the contract described between the contract hauler and the 258 borough for collection of solid waste and transportation to the borough landfill. 259 260 “Collection service area” means all premises accessible via roads maintained by the state 261 of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak 262 City and within the boundaries of the borough, except for the USCG facilities and past 263 milepost one of Anton Larsen Road. 264 265 “Commercial” describes people, such as customers, places, such as premises, or things, 266 such as carts or types of solid waste, in the borough that are not residential or multifamily. 267 268 “Compactor” means a receptacle containing a ram that pushes and compresses waste 269 into a container or bale. 270 271 “Contract hauler” means the contractor under the municipal solid waste collection contract. 272 273 “Dead animal” means the carcass from an animal, large or small, except part of an 274 animal used for food or other beneficial purpose in accordance with federal, state or 275 local laws and regulations. Does not include fish or other primary aquatic animal. 276 277 “Disposal” or “dispose” means the act or action of discarding solid waste. 278 279 “Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 280 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 281 pathological wastes, radioactive materials, explosive or highly flammable materials, oil 282 and petroleum products, and burning or smoldering materials. 283 284 “Household hazardous waste” means hazardous waste generated on residential premises. 285 286 “Manager” means the borough manager or designee. 287 288 “Multifamily” describes people, such as customers, places, such as premises, or things, 289 such as carts or types of solid waste, in the borough that are not residential premises. 290 291 “Multifamily premises” means premises that are not residential premises, and therefore AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 27 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 9 of 21 Insertion – Bold, Blue, Underlined Version 1 292 contains four or more dwelling units, including apartment complexes and trailer courts. 293 294 “Premises” means property having any habitable building, whether residential, 295 multifamily, or commercial. 296 297 “Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 298 use again or for a new use or function. 299 300 “Residential premises” means a premises meeting both of the following conditions: 301 1. It contains one, two, or three dwelling unit(s); and 302 2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 303 individuals. 304 305 “Roll-off” means an open-topped rectangular receptacle for storage, collection, and 306 transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 307 reeving cylinders (hooks). 308 309 “Scavenging” means the controlled removal of waste materials for recycling or reuse. 310 311 “Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 312 published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 313 846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 314 treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 315 solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 316 treatment sludge. 317 318 “Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 319 320 “Solid waste collection” means the act of removing solid waste from the central storage 321 point of a primary generating source, such as a residence or business, to a place of solid 322 waste disposal. 323 324 “Solid waste disposal” means the orderly process of finally disposing of solid waste. 325 326 “Solid waste generator” means anyone who creates solid waste during everyday living 327 and working. 328 329 “Solid waste storage” means the interim containment of solid waste, in an approved 330 manner, after generation and prior to collection and disposal. 331 332 Section 6:Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, 333 is amended to read as follows: 334 335 8.25.070 Solid waste storage and set-out. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 28 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 10 of 21 Insertion – Bold, Blue, Underlined Version 1 336 A. Storage. Each solid waste generator is responsible for the placement of that person’s bin or 337 cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bins or 338 carts must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained 339 from solid waste and placed in watertight bags before discarding them in containers. 340 341 B. Set-Out. 342 1. Site. Anyone who receives solid waste collection service in cCarts or bins service must be 343 placed their container in the following locations by the contract hauler or solid waste 344 collection service recipient, or as instructed by the contract hauler: 345 346 a. Roadside; 347 b. In an adjacent alley; or 348 c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 349 For example, if the serviced premises are adjacent to more than one street, alley, or roadway, 350 the contract hauler may instruct the customer to set out containers on only one specified street, 351 alley, or roadway. 352 353 The contract hauler may require alternative placement based on site-specific conditions. 354 355 2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 356 or roll-off, must do the following: 357 358 a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided 359 by the contract hauler for that customer’s use; and 360 b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, 361 bin, or roll-off. 362 363 The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 364 otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 365 spills during collection and transportation. 366 367 3. Prohibited Conduct. 368 a. Anyone who receives utilizes solid waste cart collection service, whether in a cart, bin or roll- 369 off, must not do any of the following: discard dead animals in the cart. The discarding of 370 any solid waste outside the cart is also prohibited, including the following items: 371 372 a. Discard dead animals in the cart, bin, or roll-off; or 373 b. Discard any solid waste outside the cart, bin, or roll-off, including the following: 374 375 i. Litter; 376 ii. Bulky items, such as appliances, bed springs, mattresses, furniture as defined by KIBC 377 8.25.020; 378 iii. C&D Debris as defined by KIBC 8.25.020 Nonbulky items listed in the definition of “bulky 379 items” (such as construction/demolition waste, unless as allowed during temporary service as in 380 KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste); and AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 29 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 11 of 21 Insertion – Bold, Blue, Underlined Version 1 381 iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 382 383 No one may discard any material in a roll-off except for the roll-off provided by the contract 384 hauler for that person’s solid waste collection service. 385 386 b. Anyone who utilizes solid waste bin or roll-off collection services must securely close 387 and latch the bin or roll-off door or cover and must not discard dead animals in the bin or 388 roll-off. The discarding of any solid waste outside the bin or roll-off is also prohibited, 389 including, but not limited to, the following items: 390 391 i. Litter: 392 ii. Bulky items as defined by KIBC 8.25.020; 393 iii. C&D Debris as defined by KIBC 8.25.020; and 394 iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 395 396 No one may discard any material in a roll-off except for the roll-off provided by the 397 contract hauler for that person’s solid waste collection service. 398 399 C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 400 between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 401 collection, including the arm on an automated collection truck. A cart customer must maintain 402 clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 403 including clearing away snow and other obstructions, such as parked vehicles. 404 405 D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 406 for solid waste collection, if directed by the contract hauler when there is limited space for set- 407 out or collection of bins. 408 409 E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 410 hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not 411 safe, it is not obligated to provide collection service there. Contractor will coordinate safe set-out 412 location with customer for each occurrence. 413 414 Section 7:Kodiak Island Borough Code section 8.25.220, Administration, implementation 415 and enforcement, is amended to read as follows: 416 417 8.25.220 Administration, implementation, and enforcement. 418 The manager is authorized to administer, implement, and enforce this chapter and promulgate 419 related solid waste policy, unless this chapter expressly names another person. The manager 420 may request assistance from other persons or request that other persons administer, implement 421 and enforce all or a portion of this chapter. Examples of other persons are: 422 423 A. The director of finance or the auditor-controller, for example, with respect to collection of user 424 fees; 425 B. City of Kodiak police department; AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 30 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 12 of 21 Insertion – Bold, Blue, Underlined Version 1 426 C. Borough attorney; 427 D. Other borough departments; 428 E. District attorney; 429 F. Alaska State Department of Environmental Conservation; 430 G. Alaska Department of Fish and Game; 431 H. Alaska State Troopers; and 432 I. An A Code enforcement officer designated under KIBC 1.20.030. 433 434 Section 8:Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 435 436 8.25.230 Enforcement officer. 437 A. Authority. The enforcement officer has the authority to issue citations, summons, and 438 complaints, or notices of violation to anyone who violates this chapter. 439 B. Citation. A citation filed in the district court charging a violation under this chapter is deemed 440 as a lawful complaint for purposes of prosecution under this chapter. 441 442 Section 9:Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 443 follows: 444 445 9.10.060 Penalty. 446 Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 447 AS 29.25.070(a), citations for the certain offenses violations of Chapter 9.10 KIBC may be 448 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 449 payment of the fine amounts established in a schedule of fines adopted by the borough 450 assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge 451 required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in the Alaska 452 Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging 453 these offenses must meet the requirements of Minor Offense Rule 3. Alternatively, the person 454 may choose to appear in court and contest the citation. If a person charged with one of these 455 offenses appears in court and is found guilty, the penalty imposed for the offense may not 456 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of 457 fines, the defendant must appear in court to answer to the charges. These fines may not be 458 judicially reduced. If a person is cited for an offense for which a scheduled fine has been 459 established in the schedule of fines and fails to pay a fine or appear in court, the citation shall be 460 considered a summons for a misdemeanor. 461 462 Section 10:Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read 463 as follows: 464 465 Chapter 9.20 466 PEACE CODE ENFORCEMENT OFFICERS 467 468 Sections: 469 9.20.010 Authority. 470 9.20.020 Interference with a peace borough code enforcement officer. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 31 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 13 of 21 Insertion – Bold, Blue, Underlined Version 1 471 9.20.030 Penalty. 472 473 9.20.010 Authority. 474 The manager may in writing designate one or more employees of the borough as peace code 475 enforcement officers per KIBC 1.20.030. with the authority to issue citations, conduct 476 investigations of violations of and enforce the Kodiak Island Borough Code, ordinances, and 477 regulations, and to take other action consistent with the exercise of these enumerated powers 478 when necessary to enforce the Kodiak Island Borough Code, ordinances and regulations and 479 maintain the public peace. 480 481 9.20.020 Interference with a peace borough code enforcement officer. 482 No person may interfere with a peace borough code enforcement officer while he is in the 483 performance of his the officer’s duties. A person who does any of the following is guilty of 484 interfering with a peace borough code enforcement officer: 485 486 A. By use or threat of force or violence, the person he prevents or attempts to prevent a peace 487 borough code enforcement officer from carrying out the officer’s his duties; 488 489 B. By use or threat of force or violence, the person he attempts to aid or aids a person in 490 preventing a borough code enforcement peace officer from carrying out the officer’s his 491 duties; or 492 493 C. With intent to delay or prevent a borough code enforcement peace officer from discharging 494 the officer’s lawful duties, the person he in any manner physically impedes or hinders the 495 borough code enforcement peace officer. 496 497 9.20.030 Penalty. 498 A person who interferes with, unlawfully assaults or threatens, or unlawfully strikes or wounds a 499 peace borough code enforcement officer in violation of KIBC 9.20.020 while he is 500 performing his duties is guilty of a violation misdemeanor, punishable by a fine of not more 501 than $500.00 or by imprisonment in jail for not more than 30 days, or by both, in addition to the 502 surcharge required to be imposed under AS 12.55.039. 503 504 Section 11:Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 505 follows: 506 507 TITLE 10 508 VEHICLES AND TRAFFIC 509 510 Chapters: 511 10.10 Junk or Abandoned Vehicles. 512 10.20 Stopping, Standing, and Parking. 513 514 10.10.005 Definitions. 515 For the purpose of this chapter the following definitions shall apply: AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 32 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 14 of 21 Insertion – Bold, Blue, Underlined Version 1 516 517 “Abandoned vehicle” means: any motorized or towed vehicle, wheeled or tracked, which has 518 been left unattended for a length of time which has resulted in the vehicle’s deterioration or 519 destruction. 520 1. A registered vehicle that reasonably appears to have been left unattended, standing, 521 parked upon or within 10 feet of the traveled portion of a highway or vehicular way or 522 area in excess of 48 hours, that reasonably appears to have been left standing or parked 523 on private property in excess of 24 hours or upon other public property for more than 30 524 days, without the consent of the owner or person in charge of the property; or 525 2. A wrecked or junk vehicle that reasonably appears to have been left unattended, 526 standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular 527 way or area in excess of 24 hours, or a wrecked or junk vehicle that reasonably appears 528 to have been left standing or parked on private property or other public property in 529 excess of 24 hours and without the consent of the owner or person in charge of the 530 property. 531 532 “Junk” means any worn out, cast-off, or discarded article or material which is ready for 533 destruction or has been collected or stored for conversion or salvage to some other use. 534 535 “Junk vehicle” means a vehicle that: 536 1. Is not currently registered (except for a vehicle used exclusively for competitive 537 racing); 538 2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 539 3. Has not been repaired because of mechanical difficulties or because the cost of 540 repairs required to make it operable exceeds the fair market value of the vehicle; or 541 4. Is in a condition that exhibits more than one of the following elements: 542 a. Broken glass; 543 b. Missing wheels or tires; 544 c. Missing body panels or parts; or 545 d. Missing drive train parts. 546 547 “Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle 548 without substantial repair or reconstruction. 549 550 10.10.010 Junk or abandoned vehicles. 551 A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 552 the borough. 553 554 B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set 555 aside by law as a refuse disposal site open for the disposal of junk or vehicles. 556 557 C. It is unlawful for a person, without the consent of the property owner or person in possession 558 or control of property, to store or abandon junk or a vehicle on said property unless such 559 property is licensed as a junkyard and is open for disposal, or unless all necessary fees for 560 removal and storage have been paid and all other requirements of disposal have been met. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 33 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 15 of 21 Insertion – Bold, Blue, Underlined Version 1 561 … 562 563 10.10.080 Penalties and remedies. 564 A. In accordance with AS 29.25.070(a), citations for the certain offenses violations of Chapter 565 10.10 KIBC may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 566 appearance, upon payment of the fine amounts established in a schedule of fines adopted by 567 the borough assembly by ordinance resolution pursuant to Chapter 1.20 KIBC, plus the state 568 surcharge required by AS 12.55.039 and 29.25.074. The Rules of Minor Offense Procedure in 569 the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. 570 Citations charging these offenses must meet the requirements of Minor Offense Rule 3. 571 Alternatively, the person may choose to appear in court and contest the citation. If a person 572 charged with one of these offenses appears in court and is found guilty, the penalty imposed for 573 the offense may not exceed the fine amount for that offense listed. If an offense is not listed on 574 this schedule of fines, the defendant must appear in court to answer to the charges. These fines 575 may not be judicially reduced. If a person is cited for an offense for which a scheduled fine has 576 been established in the schedule of fines and fails to pay a fine or appear in court, the citation 577 shall be considered a summons for a misdemeanor. 578 579 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 580 may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury 581 the plaintiff suffered as a result of the violation. 582 583 C. Each act or condition violated in this chapter, and each day during which the act or condition 584 exists, continues or is repeated shall be a separate and distinct violation. 585 586 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 587 other penalty provided for in state law or any civil remedy available to the borough. 588 589 CHAPTER 10.20 590 STOPPING, STANDING, AND PARKING 591 592 Sections: 593 10.20.005 Definitions. 594 10.20.010 Obstruction of rights-of-way. 595 10.20.020 Obstruction of service. 596 10.20.030 Penalties and remedies. 597 598 599 10.20.005 Definitions. 600 “Extreme weather event” means unexpected, unusual, unpredictable, severe, or 601 unseasonal weather which requires municipal intervention to prevent damage to 602 property, loss of life, or interruption of necessary public services. 603 604 10.20.010 Obstruction of rights-of-way. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 34 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 16 of 21 Insertion – Bold, Blue, Underlined Version 1 605 A. No person shall park a vehicle on any borough-owned street or improved right-of-way, 606 for a period of time longer than 24 hours. 607 608 B. No person shall park, or allow or cause to be parked, on any borough-owned street or 609 right-of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours. 610 611 10.20.020 Obstruction of service. 612 A. Any person parking a vehicle on a borough-owned street or improved right-of-way 613 shall remove the subject vehicle within twelve hours of the issuance of a temporary 614 parking closure. Temporary parking closure notifications shall be provided by borough 615 officials or service district representatives via public radio and temporary signage placed 616 in the vicinity of the closure. 617 618 B. During declared natural disasters, during extreme weather events or when a vehicle is 619 impeding necessary public services, where immediate action by the borough or service 620 district is required in order to maintain operability of the street or improved right of way, 621 a minimum of two borough officials, upon agreement, may have vehicles removed from 622 the right-of-way without notification to the vehicle’s owner prior to removal. 623 624 10.20.030 Penalties and remedies. 625 A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC 626 may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 627 appearance, upon payment of the fine amounts established in a schedule of fines 628 adopted by the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the 629 state surcharge required by AS 12.55.039 and 29.25.074. 630 631 B. Penalties incurred and/or remedies sought for violations of this chapter are the 632 responsibility of the registered owner of the vehicle, any person who has acquired legal 633 title to the vehicle from or through the registered owner, or any person who has violated 634 KIBC 10.20.010 or 10.20.020. 635 636 C. Notwithstanding the availability of any other remedy, the borough or any aggrieved 637 person may bring a civil action to enjoin any violation of this chapter, or to obtain 638 damages for any injury the plaintiff suffered as a result of the violation, including, but not 639 limited to, the recovery of costs associated with towing and impoundment. 640 641 D. Each act or condition violated in this chapter, and each day during which the act or 642 condition exists, continues or is repeated shall be a separate and distinct violation. 643 644 E. The penalties provided for violation of this chapter are in addition to and not in lieu of 645 any other penalty provided for in state law or any civil remedy available to the borough. 646 647 Section 12:Kodiak Island Borough Code section 13.20.020, Administration enforcement 648 action, is amended to read as follows: 649 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 35 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 17 of 21 Insertion – Bold, Blue, Underlined Version 1 650 13.20.020 Administration enforcement action. 651 A. In any situation in which the borough engineer, or his authorized representative, has reason 652 to believe that the public health, safety or welfare requires corrective action, he may: 653 654 1. Exercise the right to entry for investigative purposes at all reasonable times and upon 655 presentation of proper credentials. If such entry is refused, the borough engineer, or 656 authorized representative, shall have recourse to every remedy provided by law to secure 657 entry; 658 659 2. Order any work being done contrary to the provisions of this title to be stopped by 660 serving notice on any persons engaged in doing or causing the work to be done, and any 661 such persons shall forthwith stop such work until authorized in writing to proceed. If the 662 order is issued verbally, a written order shall be issued prior to the conclusion of the next 663 regular workday stating the nature of the work to be stopped; and 664 665 3. Order the abatement of any condition affecting the public health, safety, and welfare. If 666 the order is given verbally, a written order shall be issued prior to the conclusion of the next 667 regular workday setting forth the nature of the abatement action and the time allowed for 668 compliance. 669 670 B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 671 investigation, initiate criminal proceedings against any person for the violation of this title. 672 Except for prosecution for failing to comply with an order issued under subsection A of this 673 section, the borough engineer shall give at least 10 days’ written notice of intent to prosecute 674 and may initiate criminal proceedings only if the violation is not cured, and if the person who is 675 the subject of the notice fails to seek appropriate administration relief within the notice period. 676 677 Section 13:Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 678 amended to read as follows: 679 680 13.20.050 Penalties and remedies. 681 A. A person who violates any provision of this title, or any order issued under KIBC 682 13.20.020(A), is guilty of a violation misdemeanor and, upon conviction, is punishable by a fine 683 of not more than $500.00 for each day of violation, in addition to the surcharge required to be 684 imposed under AS 12.55.039. 685 686 B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 687 title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for 688 any injury the plaintiff suffered as the result of the violation. An action for injunction under this 689 section may be brought notwithstanding the availability of any other remedy. Upon application 690 for injunctive relief and a finding of an existing or threatened violation, the superior court shall 691 enjoin the violation. 692 693 Section 14:Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 694 amended to read as follows: AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 36 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 18 of 21 Insertion – Bold, Blue, Underlined Version 1 695 696 15.50.030 Penalties and remedies. 697 A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 698 guilty of a violation misdemeanor and upon conviction is punishable by a fine of not more than 699 $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. Each day of 700 violation constitutes a separate offense. 701 702 B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 703 title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the 704 plaintiff suffered as a result of the violation. An action for injunction under this section may be 705 brought notwithstanding the availability of any other remedy. Upon application for injunctive 706 relief and the finding of an existing or threatened violation, the superior court shall enjoin the 707 violation. 708 709 C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 710 day during which the act or condition exists, continues, or is repeated shall be a separate and 711 distinct violation. 712 713 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 714 other penalty provided for in state law or any civil remedy available to the borough. 715 716 Section 15:Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 717 amended to read as follows: 718 719 16.10.030 Scope and jurisdiction. 720 A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 721 borough approval shall be recorded unless approved by the borough or a standard subdivision 722 agreement has been executed with the borough. 723 724 B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 725 for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 726 final approval by the commission under the previously existing title, except in the instance of 727 further subdivision of existing lots or tracts. 728 729 C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 730 enters into a contract to sell land in a subdivision before a plat of the subdivision has been 731 approved and recorded is guilty of a violation misdemeanor and upon conviction is punishable 732 by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a 733 contract to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may 734 recover the penalty by appropriate legal action. 735 736 D. No agency of the state or local government may acquire property through the process of 737 eminent domain which results in a boundary change unless the agency or local government first 738 obtains from the commission preliminary approval of the replat showing clearly the location of 739 the proposed public streets, easements, rights-of-way, and other taking of private property. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 37 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 19 of 21 Insertion – Bold, Blue, Underlined Version 1 740 Final approval of the replat shall be obtained within six months of the acquisition. The 741 commission shall treat applications for replat made by state or local governmental agencies in 742 the same manner as replat petitions originated by private land owners. 743 744 E. No person may file a plat or seek to have a plat filed unless it bears the approval of the 745 borough. A person who knowingly violates this requirement is punishable upon conviction by a 746 fine of not more than $300.00. 747 748 F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 749 title, any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition 750 of any plat or other entitlement approved under this title, and to obtain damages for any injury 751 the plaintiff suffered as a result of the violation. An action for injunction under this section may 752 be brought notwithstanding the availability of any other remedy. Upon application for injunctive 753 relief and a finding of an existing or threatened violation, the superior court shall enjoin the 754 violation. 755 756 Section 16:Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 757 Remedies, is amended to read as follows: 758 759 Chapter 17.210 760 ENFORCEMENT, PENALTIES AND REMEDIES 761 762 Sections: 763 17.210.010 Administrative enforcement action. 764 17.210.020 Administrative inspections. 765 17.210.030 Penalties and remedies. 766 17.210.040 Responsibility for violations. 767 768 17.210.010 Administrative enforcement action. 769 A. The zoning officer manager or designee may order: 770 771 1. The discontinuation of unlawful uses of land or structures; 772 2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 773 thereto; 774 3. The discontinuation of construction or other preparatory activity leading to an unlawful 775 structure or an unlawful use of a land or structure; 776 4. When necessary to ensure compliance with this title, the suspension or revocation of 777 building permits, variances, or other borough land use entitlements. 778 779 B. Upon complaint by a citizen, or upon his their own initiative, the any borough code 780 enforcement officer authorized to enforce this title zoning officer may, after investigation, 781 initiate criminal proceedings against any person for the violation of this title. Except for 782 prosecutions for failing to comply with an order issued under subsection A of this section or 783 where the protection of public health and safety require immediate action, the borough 784 code enforcement officer zoning officer shall give at least 10 days’ written notice of intent to AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 38 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 20 of 21 Insertion – Bold, Blue, Underlined Version 1 785 prosecute, and may initiate criminal proceedings only if the violation is not cured within the 786 notice period. 787 788 17.210.020 Administrative inspections. 789 In accordance with this section, the a borough code enforcement officer zoning officer may 790 make inspections of buildings or premises to check for zoning violations. When the 791 officer necessary to enforce the provisions of this title. When the zoning officer has reasonable 792 cause to believe that in any building or on any premises there exists any violation of this title, he 793 the officer may enter such building or premises if: at any reasonable time to inspect the same 794 or perform any of his duties under this title; provided, that where the Constitution of the United 795 States or the state of Alaska requires that the zoning officer obtain a search warrant before 796 making an inspection, he shall not make the inspection until authorized to do so by a search 797 warrant issued by a court of competent jurisdiction. 798 799 1. The owner or lessee has given consent; or 800 2. A judicially granted search warrant has been obtained. 801 802 17.210.030 Penalties and remedies. 803 A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) 804 or any term or condition of a conditional use, variance or other entitlement issued under this 805 title, is guilty of a violation misdemeanor and upon conviction is punishable by a fine of not 806 more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. 807 808 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 809 may bring a civil action to enjoin any violation of this title, any order issued under KIBC 810 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement 811 issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of 812 a violation. An action for injunction under this section may be brought notwithstanding the 813 availability of any other remedy. Upon application for injunctive relief and the finding of an 814 existing or threatened violation, the superior court shall enjoin the violation. 815 816 C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 817 term or condition of a conditional use, variance, or other entitlement issued under this title, and 818 each day during which the act or condition exists, continues or is repeated shall be a separate 819 and distinct violation. 820 821 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 822 other penalty provided for in state law or any civil remedy available to the borough. 823 824 17.210.040 Responsibility for violations. 825 The record owner, and any person in possession or control of property maintained in 826 violation of this title is responsible for the violation and is subject to prosecution in 827 accordance with Chapter 1.20 KIBC and this Chapter 17.210. 828 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 39 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 21 of 21 Insertion – Bold, Blue, Underlined Version 1 829 Section 17:Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 830 amended to read as follows: 831 832 18.35.050 Penalties and remedies. 833 A. A person who violates the provisions of this chapter is guilty of a violation misdemeanor and 834 upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge 835 required to be imposed under AS 12.55.039. 836 837 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 838 may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury 839 the plaintiff suffered as a result of the violation. 840 841 C. Each act or condition violating this chapter, and each day during which the act or condition 842 exists, continues or is repeated, shall be a separate and distinct violation. 843 844 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 845 other penalty provided for in state law or any civil remedy available to the borough. 846 847 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 848 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 849 850 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 851 THIS __________ DAY OF _______________, 2020. 852 853 KODIAK ISLAND BOROUGH ATTEST: 854 855 856 ___________________________ ___________________________ 857 Bill Roberts, Mayor Tara Welinsky, Clerk 858 859 VOTES: 860 Ayes: 861 Noes: AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 40 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 1 of 20 Insertion – Bold, Blue, Underlined Version 1 1 Introduced by: Borough Manager 2 Drafted by: Borough Manager 3 Introduced on: 01/16/2020 4 Public Hearing Date: 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLES 1, 6, 8, 9, 10, 13, 15, 16, 17 AND 18 OF THE BOROUGH CODE TO CLARIFY AND 11 MAKE CONSISTENT LANGUAGE RELATING TO CODE ENFORCEMENT 12 13 WHEREAS, in 2014 the Borough Assembly chose to proceed with modifications to the Kodiak 14 Island Borough Code to accommodate inclusion of certain Borough Code violations in the 15 Alaska Uniform Minor Offense Table (UMOT), thus allowing enforcement with citations; and 16 17 WHEREAS, the Assembly finds that potential jail time and labelling certain code violations as 18 misdemeanors restricts the ability to enforce those offenses through a citation process; and 19 20 WHEREAS,the Assembly finds that it is appropriate to update references to enforcement 21 officers in the Borough Code to eliminate different terms referring to the same functions; and 22 23 WHEREAS, the Assembly finds that it is in the public interest to enable Borough staff to 24 enforce the Borough Code using the minor offense process through the Alaska Court system. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: Sections 2 through 17 of this ordinance are of a general and permanent nature 30 and shall become a part of the Kodiak Island Borough Code of Ordinances. 31 32 Section 2:Kodiak Island Borough Code Chapter 1.20, General Penalty, is amended to read 33 as follows: 34 35 Chapter 1.20 36 GENERAL PENALTY 37 Sections: 38 1.20.010 Designated. 39 1.20.020 Scope of prohibitions. 40 1.20.030 Code enforcement officer designation. 41 1.20.040 Application of fine schedule. 42 1.20.050 Fine schedule. 43 44 1.20.010 Designated. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 41 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 2 of 20 Insertion – Bold, Blue, Underlined Version 1 45 A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a 46 fine of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is 47 established by ordinance for the provision violated and that penalty is listed in the schedule of 48 fines adopted by the borough assembly, that penalty shall apply. 49 50 B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be 51 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 52 payment of the fine amounts established in a schedule of fines adopted by the borough 53 assembly by ordinance plus the state surcharge required by AS 12.55.039 and 29.25.074. For 54 purposes of elevated fines for subsequent offenses, a prior offense is within the time period for 55 consideration if the conviction for that offense occurred within 3 years prior to the date of the 56 present alleged violation. The Rules of Minor Offense Procedure in the Alaska Rules of Court 57 apply to all offenses listed in the established schedule of fines. Citations charging these 58 offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of 59 these offenses appears in court and is found guilty, the penalty imposed for the offense may not 60 exceed the fine amount for that offense listed. If an offense is not listed on this schedule of 61 fines, or if an offense is listed as requiring a mandatory court appearance, the defendant must 62 appear in court to answer to the charges. The fines prescribed in the fine schedule may not be 63 judicially reduced. 64 65 C. The borough or an aggrieved person may institute a civil action against a person, including a 66 minor as provided in this subsection, who violates any provision of this code. In addition to 67 injunctive and compensatory relief, the penalty listed in the schedule of fines adopted by the 68 borough assembly, and not to exceed $1,000, may be imposed for each violation. An action to 69 enjoin a violation may be brought notwithstanding the availability of any other remedy. On 70 application for injunctive relief and a finding of a violation or a threatened violation, the superior 71 court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a 72 separate violation. 73 74 D. The borough shall provide written notice to the commissioner of health and social services or 75 to the commissioner’s designee of the commencement of a civil enforcement action for the 76 violation of an ordinance under subsection C of this section against a minor. Unless the 77 commissioner and the borough have negotiated an agreement making other arrangements for 78 the borough to provide the notice required by this subsection, the borough shall provide the 79 notice by mailing a copy of the citation or other document setting out the notice of the 80 commencement of the civil enforcement action. 81 82 E. In this section, “minor” means a person under 18 years of age. 83 84 F. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty 85 against a minor for violation of any provision of this code shall be heard in the district court in 86 the same manner as for similar allegations brought against an adult, except that the minor’s 87 parent, guardian, or legal custodian shall be present at all proceedings unless the court excuses 88 the parent, guardian, or legal custodian from attendance for good cause. 89 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 42 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 3 of 20 Insertion – Bold, Blue, Underlined Version 1 90 G. An action for a civil penalty filed against a minor under this section does not give rise to the 91 right to a trial by jury or to counsel appointed at public expense. 92 93 1.20.020 Scope of prohibitions. 94 When an ordinance of the borough prohibits an act or an omission, it shall be construed to 95 prohibit causing, aiding, abetting, or concealing the fact of the act or omission. 96 97 1.20.030 Code enforcement officer designation. 98 The manager may designate in writing as borough code enforcement officers those persons 99 authorized to enforce any part of this code. Any officer so designated to enforce some or all 100 provisions of the KIB Code shall be authorized to issue citations, or notices of violation where 101 permitted, for any violation of this code which the officer is authorized to enforce in the manner 102 provided by AS 12.25.180 through 12.25.230. Borough code enforcement officers appointed 103 under the authority of this section shall not have the general authority of police officers. 104 105 1.20.040 Application of fine schedule. 106 A. For voluntary disposition after either arraignment or application for entry of a default 107 judgment, the alleged violator may submit the amount set forth in the fine schedule, along with 108 the required statutory police training surcharge, to the court. 109 110 B. In the event any penalties or fines are not paid within 30 days after the date they are due 111 pursuant to the court’s order, such penalties or fines shall be delinquent. 112 113 C. Notwithstanding other provisions of this section, delinquent penalties and fines may be 114 collected through any lawful means. The cost of collection of such accounts shall be added to 115 the amount owed. 116 117 1.20.050 Fine schedule. 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 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 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 43 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 4 of 20 Insertion – Bold, Blue, Underlined Version 1 Code Section Offense Penalty/Fine court appearance KIBC 6.04.100(B)&(D)Control of Animals (1st offense)$55 KIBC 6.04.100(B)&(D)Control of Animals (2nd offense)$83 KIBC 6.04.100(B)&(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 Animal Identification (1st offense)$28 KIBC 6.04.120 Animal Identification (2nd offense)$55 KIBC 6.04.120 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 8.25.070(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) $1000 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) $200 118 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 44 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 5 of 20 Insertion – Bold, Blue, Underlined Version 1 119 The schedule of fines shall be reviewed annually by the borough assembly during the 120 development of the budget. The community development director shall review the fines for 121 consistency with the State of Alaska’s Rules of Minor Offense Procedure and present the 122 findings to the borough assembly for consideration during its review. 123 124 Section 3:Kodiak Island Borough Code section 6.04.270, Penalties and remedies, is 125 amended to read as follows: 126 127 6.04.270 Penalties and remedies. 128 A. In accordance with AS 29.25.070(a), citations for the certain violations of Chapter 6.04 KIBC 129 may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 130 appearance, upon payment of the fine amounts established in a schedule of fines adopted by 131 the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge 132 required by AS 12.55.039 and 29.25.074. 133 134 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 135 may bring a civil action to enjoin any violation of this chapter. An action for injunction under this 136 section may be brought notwithstanding the availability of any other remedy. Upon application 137 for injunctive relief and the finding of an existing or threatened violation, the superior court shall 138 enjoin the violation. 139 140 C. Each act or condition violating this chapter, and each day during which the act or condition 141 exists when the owner or keeper is known to be aware of the condition, shall be a separate and 142 distinct violation except in circumstances where the violation is acknowledged and actively 143 being corrected. 144 145 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 146 other penalty provided for in state law or any civil remedy available to the borough. 147 148 Section 4:Kodiak Island Borough Code section 8.20.030, Penalties and remedies, is 149 amended to read as follows: 150 151 8.20.030 Penalties and remedies. 152 A. In accordance with AS 29.25.070(a), citations for the certain violations of Chapter 8.20 KIBC 153 may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court 154 appearance, upon payment of the fine amounts established in a schedule of fines adopted by 155 the borough assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge 156 required by AS 12.55.039 and 29.25.074. In addition, the court may order the person to gather 157 and dispose of litter in an area and for a length of time to be determined by the court. 158 159 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 160 may bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury 161 the plaintiff suffered as a result of the violation. 162 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 45 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 6 of 20 Insertion – Bold, Blue, Underlined Version 1 163 C. Each act or condition violating this chapter and each day during which the act or condition 164 exists, continues or is repeated shall be a separate and distinct violation. 165 166 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 167 other penalty provided for in state law or any civil remedy available to the borough. 168 169 Section 5:Kodiak Island Borough Code section 8.25.020, Definitions, is amended to read 170 as follows: 171 172 8.25.020 Definitions. 173 In this chapter, each of the following terms has the respective corresponding meaning: 174 175 “Bear cart” means a cart designed to be resistant to opening by bears. 176 177 “Bin” means a receptacle for storing solid waste that is picked up with front-end loading 178 vehicles, 179 such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.” 180 181 “Borough landfill” means the landfill owned by the borough. 182 183 “Bulky item(s)” means any large item of solid waste, as determined from time to time by the 184 manager which can be safely lifted by two individuals using a dolly, generated at residential 185 premises and discarded at residential set-out sites, such as the following: 186 1. Furniture, including metal desks and storage cabinets; 187 2. Pianos and organs; 188 3. Televisions; 189 4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and 190 stoves; 191 5. Toys, bikes, and dismantled swing sets; 192 6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 193 tires per customer each calendar month, with rims removed; and 194 7. Any item, other than lumber, that can be cut or broken down meeting the following 195 requirements: 196 a. Not longer than four feet in length; and 197 b. Weighing no more than 70 pounds. 198 199 “Bulky items” does not mean the following: 200 1. Material generated at nonresidential premises, including commercial business 201 operations; 202 2. Bundled yard waste, branches; 203 3. Sod, soil, and rock; 204 4. Broken concrete and asphalt; 205 5. Brick, block, and stone; 206 6. Railroad ties or similar type of retaining wall timbers; 207 7. Remodeling debris, including shingles; AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 46 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 7 of 20 Insertion – Bold, Blue, Underlined Version 1 208 8. Carpeting; 209 9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures; 210 10. Windows and doors; 211 11. Lumber; 212 12. Animal waste, including all excrement from domestic animals and fowl, and all hay, 213 straw, or other materials that have been used for animals’ or fowls’ bedding; 214 13. Liquids, including paint; 215 14. Hazardous waste, including household hazardous waste; 216 15. Fuel oil tanks; and 217 16. Any automotive parts, including vehicle batteries and tires. 218 219 “C&D (Construction & Demolition) Debris” means any Solid Waste discarded in Dumpsters 220 or Roll-off Containers that the Contract hauler must collect under the On-Call Temporary 221 Dumpster and Roll-Off Collection Service section of the approved Collection contract, 222 such as the following: 223 1. Bundled yard waste, branches; 224 2. Sod, soil and rock; 225 3. Broke concrete and asphalt; 226 4. Brick, block, and stone; 227 5. Railroad ties or similar type of retaining wall timbers; 228 6. Remodeling debris; 229 7. Carpeting; 230 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 231 9. Windows and doors; and 232 10. Lumber. 233 234 “Cart” means a wheeled receptacle for storing solid waste that can be emptied by either 235 semi- or fully-automated vehicles. 236 237 “Collection contract” means the contract described between the contract hauler and the 238 borough for collection of solid waste and transportation to the borough landfill. 239 240 “Collection service area” means all premises accessible via roads maintained by the state 241 of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak 242 City and within the boundaries of the borough, except for the USCG facilities and past 243 milepost one of Anton Larsen Road. 244 245 “Commercial” describes people, such as customers, places, such as premises, or things, 246 such as carts or types of solid waste, in the borough that are not residential or multifamily. 247 248 “Compactor” means a receptacle containing a ram that pushes and compresses waste 249 into a container or bale. 250 251 “Contract hauler” means the contractor under the municipal solid waste collection contract. 252 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 47 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 8 of 20 Insertion – Bold, Blue, Underlined Version 1 253 “Dead animal” means the carcass from an animal, large or small, except part of an animal used 254 for food or other beneficial purpose in accordance with federal, state or local laws and 255 regulations. Does not include fish or other primary aquatic animal. 256 257 “Disposal” or “dispose” means the act or action of discarding solid waste. 258 259 “Hazardous or toxic waste” means any material that meets the definition of 40 C.F.R. 261 260 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 261 pathological wastes, radioactive materials, explosive or highly flammable materials, oil 262 and petroleum products, and burning or smoldering materials. 263 264 “Household hazardous waste” means hazardous waste generated on residential premises. 265 266 “Manager” means the borough manager or designee. 267 268 “Multifamily” describes people, such as customers, places, such as premises, or things, 269 such as carts or types of solid waste, in the borough that are not residential premises. 270 271 “Multifamily premises” means premises that are not residential premises, and therefore 272 contains four or more dwelling units, including apartment complexes and trailer courts. 273 274 “Premises” means property having any habitable building, whether residential, 275 multifamily, or commercial. 276 277 “Recyclables” means materials which can be reprocessed, reconditioned, or adapted to 278 use again or for a new use or function. 279 280 “Residential premises” means a premises meeting both of the following conditions: 281 1. It contains one, two, or three dwelling unit(s); and 282 2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated 283 individuals. 284 285 “Roll-off” means an open-topped rectangular receptacle for storage, collection, and 286 transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 287 reeving cylinders (hooks). 288 289 “Scavenging” means the controlled removal of waste materials for recycling or reuse. 290 291 “Sewage solids” means waste that passes the paint filter test, EPA Test Method 9095, 292 published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 293 846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 294 treatment system, sewer, septic tank, or other wastewater handling equipment; “sewage 295 solids” includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 296 treatment sludge. 297 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 48 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 9 of 20 Insertion – Bold, Blue, Underlined Version 1 298 “Solid waste” means “municipal solid waste” as defined in AS 46.03.900. 299 300 “Solid waste collection” means the act of removing solid waste from the central storage 301 point of a primary generating source, such as a residence or business, to a place of solid 302 waste disposal. 303 304 “Solid waste disposal” means the orderly process of finally disposing of solid waste. 305 306 “Solid waste generator” means anyone who creates solid waste during everyday living 307 and working. 308 309 “Solid waste storage” means the interim containment of solid waste, in an approved 310 manner, after generation and prior to collection and disposal. 311 312 Section 6:Kodiak Island Borough Code section 8.25.070, Solid waste storage and set-out, 313 is amended to read as follows: 314 315 8.25.070 Solid waste storage and set-out. 316 A. Storage. Each solid waste generator is responsible for the placement of that person’s cart so 317 that it will not easily be tipped, such as by an animal or the wind. Lids on bins or carts must be 318 kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from solid 319 waste and placed in watertight bags before discarding them in containers. 320 321 B. Set-Out. 322 1. Site. Carts or bins must be placed in the following locations by the contract hauler or solid 323 waste collection service recipient: 324 325 a. Roadside; 326 b. In an adjacent alley; or 327 c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles. 328 For example, if the serviced premises are adjacent to more than one street, alley, or roadway, 329 the contract hauler may instruct the customer to set out containers on only one specified street, 330 alley, or roadway. 331 332 The contract hauler may require alternative placement based on site-specific conditions. 333 334 2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, 335 or roll-off, must do the following: 336 337 a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided 338 by the contract hauler for that customer’s use; and 339 b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, 340 bin, or roll-off. 341 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 49 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 10 of 20 Insertion – Bold, Blue, Underlined Version 1 342 The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 343 otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler 344 spills during collection and transportation. 345 346 3. Prohibited Conduct. 347 a. Anyone who utilizes solid waste cart collection service must not discard dead animals in the 348 cart. The discarding of any solid waste outside the cart is also prohibited, including the following 349 items: 350 351 i. Litter; 352 ii. Bulky items as defined by KIBC 8.25.020; 353 iii. C&D Debris as defined by KIBC 8.25.020; and 354 iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 355 356 b. Anyone who utilizes solid waste bin or roll-off collection services must securely close and 357 latch the bin or roll-off door or cover and must not discard dead animals in the bin or roll-off. 358 The discarding of any solid waste outside the bin or roll-off is also prohibited, including, but not 359 limited to, the following items: 360 361 i. Litter: 362 ii. Bulky items as defined by KIBC 8.25.020; 363 iii. C&D Debris as defined by KIBC 8.25.020; and 364 iv. Hazardous or toxic waste as defined by KIBC 8.25.020. 365 366 No one may discard any material in a roll-off except for the roll-off provided by the contract 367 hauler for that person’s solid waste collection service. 368 369 C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance 370 between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct 371 collection, including the arm on an automated collection truck. A cart customer must maintain 372 clear access to the cart set-out site so that the collection vehicles can lift and empty carts, 373 including clearing away snow and other obstructions, such as parked vehicles. 374 375 D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges 376 for solid waste collection, if directed by the contract hauler when there is limited space for set- 377 out or collection of bins. 378 379 E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract 380 hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not 381 safe, it is not obligated to provide collection service there. Contractor will coordinate safe set-out 382 location with customer for each occurrence. 383 384 Section 7:Kodiak Island Borough Code section 8.25.220, Administration, implementation 385 and enforcement, is amended to read as follows: 386 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 50 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 11 of 20 Insertion – Bold, Blue, Underlined Version 1 387 8.25.220 Administration, implementation, and enforcement. 388 The manager is authorized to administer, implement, and enforce this chapter and promulgate 389 related solid waste policy, unless this chapter expressly names another person. The manager 390 may request assistance from other persons or request that other persons administer, implement 391 and enforce all or a portion of this chapter. Examples of other persons are: 392 393 A. The director of finance or the auditor-controller, for example, with respect to collection of user 394 fees; 395 B. City of Kodiak police department; 396 C. Borough attorney; 397 D. Other borough departments; 398 E. District attorney; 399 F. Alaska State Department of Environmental Conservation; 400 G. Alaska Department of Fish and Game; 401 H. Alaska State Troopers; and 402 I. A Code enforcement officer designated under KIBC 1.20.030. 403 404 Section 8:Kodiak Island Borough Code section 8.25.230, Enforcement officer, is repealed. 405 406 Section 9:Kodiak Island Borough Code section 9.10.060, Penalty, is amended to read as 407 follows: 408 409 9.10.060 Penalty. 410 Penalties for violations of this chapter are as provided in Chapter 1.20 KIBC. In accordance with 411 AS 29.25.070(a), citations for the certain violations of Chapter 9.10 KIBC may be disposed of as 412 provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the 413 fine amounts established in a schedule of fines adopted by the borough assembly by ordinance 414 pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and 415 29.25.074. 416 417 Section 10:Kodiak Island Borough Code Chapter 9.20, Peace Officers, is amended to read 418 as follows: 419 420 Chapter 9.20 421 CODE ENFORCEMENT OFFICERS 422 423 Sections: 424 9.20.010 Authority. 425 9.20.020 Interference with a borough code enforcement officer. 426 9.20.030 Penalty. 427 428 9.20.010 Authority. 429 The manager may in writing designate one or more employees of the borough as code 430 enforcement officers per KIBC 1.20.030. 431 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 51 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 12 of 20 Insertion – Bold, Blue, Underlined Version 1 432 9.20.020 Interference with a borough code enforcement officer. 433 No person may interfere with a borough code enforcement officer while in the performance of 434 the officer’s duties. A person who does any of the following is guilty of interfering with a borough 435 code enforcement officer: 436 437 A. By use or threat of force or violence, the person prevents or attempts to prevent a borough 438 code enforcement officer from carrying out the officer’s duties; 439 440 B. By use or threat of force or violence, the person attempts to aid or aids a person in 441 preventing a borough code enforcement officer from carrying out the officer’s duties; or 442 443 C. With intent to delay or prevent a borough code enforcement officer from discharging the 444 officer’s lawful duties, the person in any manner physically impedes or hinders the borough 445 code enforcement officer. 446 447 9.20.030 Penalty. 448 A person who interferes with a borough code enforcement officer in violation of KIBC 9.20.020 449 is guilty of a violation, punishable by a fine of not more than $500.00 in addition to the surcharge 450 required to be imposed under AS 12.55.039. 451 452 Section 11:Kodiak Island Borough Code Title 10 Vehicles and Traffic, is amended to read as 453 follows: 454 455 TITLE 10 456 VEHICLES AND TRAFFIC 457 458 Chapters: 459 10.10 Junk or Abandoned Vehicles. 460 10.20 Stopping, Standing, and Parking. 461 462 10.10.005 Definitions. 463 For the purpose of this chapter the following definitions shall apply: 464 465 “Abandoned vehicle” means: 466 1. A registered vehicle that reasonably appears to have been left unattended, standing, parked 467 upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 468 48 hours, that reasonably appears to have been left standing or parked on private property in 469 excess of 24 hours or upon other public property for more than 30 days, without the consent of 470 the owner or person in charge of the property; or 471 2. A wrecked or junk vehicle that reasonably appears to have been left unattended, standing, 472 parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in 473 excess of 24 hours, or a wrecked or junk vehicle that reasonably appears to have been left 474 standing or parked on private property or other public property in excess of 24 hours and 475 without the consent of the owner or person in charge of the property. 476 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 52 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 13 of 20 Insertion – Bold, Blue, Underlined Version 1 477 “Junk” means any worn out, cast-off, or discarded article or material which is ready for 478 destruction or has been collected or stored for conversion or salvage to some other use. 479 480 “Junk vehicle” means a vehicle that: 481 1. Is not currently registered (except for a vehicle used exclusively for competitive racing); 482 2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure; 483 3. Has not been repaired because of mechanical difficulties or because the cost of repairs 484 required to make it operable exceeds the fair market value of the vehicle; or 485 4. Is in a condition that exhibits more than one of the following elements: 486 a. Broken glass; 487 b. Missing wheels or tires; 488 c. Missing body panels or parts; or 489 d. Missing drive train parts. 490 491 “Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle without 492 substantial repair or reconstruction. 493 494 10.10.010 Junk or abandoned vehicles. 495 A. It is unlawful for a person to store or abandon junk or a vehicle on a street or highway within 496 the borough. 497 498 B. It is unlawful for a person to store or abandon junk or a vehicle on public property not set 499 aside by law as a refuse disposal site open for the disposal of junk or vehicles. 500 501 C. It is unlawful for a person, without the consent of the property owner or person in possession 502 or control of property, to store or abandon junk or a vehicle on said property unless such 503 property is licensed as a junkyard and is open for disposal, or unless all necessary fees for 504 removal and storage have been paid and all other requirements of disposal have been met. 505 … 506 507 10.10.080 Penalties and remedies. 508 A. In accordance with AS 29.25.070(a), citations for violations of Chapter 10.10 KIBC may be 509 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 510 payment of the fine amounts established in a schedule of fines adopted by the borough 511 assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 512 12.55.039 and 29.25.074. 513 514 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 515 may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury 516 the plaintiff suffered as a result of the violation. 517 518 C. Each act or condition violated in this chapter, and each day during which the act or condition 519 exists, continues or is repeated shall be a separate and distinct violation. 520 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 53 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 14 of 20 Insertion – Bold, Blue, Underlined Version 1 521 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 522 other penalty provided for in state law or any civil remedy available to the borough. 523 524 CHAPTER 10.20 525 STOPPING, STANDING, AND PARKING 526 527 Sections: 528 10.20.005 Definitions. 529 10.20.010 Obstruction of rights-of-way. 530 10.20.020 Obstruction of service. 531 10.20.030 Penalties and remedies. 532 533 534 10.20.005 Definitions. 535 “Extreme weather event” means unexpected, unusual, unpredictable, severe, or unseasonal 536 weather which requires municipal intervention to prevent damage to property, loss of life, or 537 interruption of necessary public services. 538 539 10.20.010 Obstruction of rights-of-way. 540 A. No person shall park a vehicle on any borough-owned street or improved right-of-way, for a 541 period of time longer than 24 hours. 542 543 B. No person shall park, or allow or cause to be parked, on any borough-owned street or right- 544 of-way, any disabled or inoperable motor vehicle for a period to exceed 24 hours. 545 546 10.20.020 Obstruction of service. 547 A. Any person parking a vehicle on a borough-owned street or improved right-of-way shall 548 remove the subject vehicle within twelve hours of the issuance of a temporary parking closure. 549 Temporary parking closure notifications shall be provided by borough officials or service district 550 representatives via public radio and temporary signage placed in the vicinity of the closure. 551 552 B. During declared natural disasters, during extreme weather events or when a vehicle is 553 impeding necessary public services, where immediate action by the borough or service district 554 is required in order to maintain operability of the street or improved right of way, a minimum of 555 two borough officials, upon agreement, may have vehicles removed from the right-of-way 556 without notification to the vehicle’s owner prior to removal. 557 558 10.20.030 Penalties and remedies. 559 A. In accordance with AS 29.25.070(a), citations for the violation of Chapter 10.20 KIBC may be 560 disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon 561 payment of the fine amounts established in a schedule of fines adopted by the borough 562 assembly by ordinance pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 563 12.55.039 and 29.25.074. 564 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 54 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 15 of 20 Insertion – Bold, Blue, Underlined Version 1 565 B. Penalties incurred and/or remedies sought for violations of this chapter are the responsibility 566 of the registered owner of the vehicle, any person who has acquired legal title to the vehicle 567 from or through the registered owner, or any person who has violated KIBC 10.20.010 or 568 10.20.020. 569 570 C. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 571 may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury 572 the plaintiff suffered as a result of the violation, including, but not limited to, the recovery of costs 573 associated with towing and impoundment. 574 575 D. Each act or condition violated in this chapter, and each day during which the act or condition 576 exists, continues or is repeated shall be a separate and distinct violation. 577 578 E. The penalties provided for violation of this chapter are in addition to and not in lieu of any 579 other penalty provided for in state law or any civil remedy available to the borough. 580 581 Section 12:Kodiak Island Borough Code section 13.20.020, Administration enforcement 582 action, is amended to read as follows: 583 584 13.20.020 Administration enforcement action. 585 A. In any situation in which the borough engineer, or his authorized representative, has reason 586 to believe that the public health, safety or welfare requires corrective action, he may: 587 588 1. Exercise the right to entry for investigative purposes at all reasonable times and upon 589 presentation of proper credentials. If such entry is refused, the borough engineer, or 590 authorized representative, shall have recourse to every remedy provided by law to secure 591 entry; 592 593 2. Order any work being done contrary to the provisions of this title to be stopped by 594 serving notice on any persons engaged in doing or causing the work to be done, and any 595 such persons shall forthwith stop such work until authorized in writing to proceed. If the 596 order is issued verbally, a written order shall be issued prior to the conclusion of the next 597 regular workday stating the nature of the work to be stopped; and 598 599 3. Order the abatement of any condition affecting the public health, safety, and welfare. If 600 the order is given verbally, a written order shall be issued prior to the conclusion of the next 601 regular workday setting forth the nature of the abatement action and the time allowed for 602 compliance. 603 604 B. Upon complaint by a citizen, or upon his own initiative, the borough engineer may, after 605 investigation, initiate proceedings against any person for the violation of this title. Except for 606 prosecution for failing to comply with an order issued under subsection A of this section, the 607 borough engineer shall give at least 10 days’ written notice of intent to prosecute and may 608 initiate proceedings only if the violation is not cured, and if the person who is the subject of the 609 notice fails to seek appropriate administration relief within the notice period. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 55 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 16 of 20 Insertion – Bold, Blue, Underlined Version 1 610 611 Section 13:Kodiak Island Borough Code section 13.20.050, Penalties and remedies, is 612 amended to read as follows: 613 614 13.20.050 Penalties and remedies. 615 A. A person who violates any provision of this title, or any order issued under KIBC 616 13.20.020(A), is guilty of a violation and, upon conviction, is punishable by a fine of not more 617 than $500.00 for each day of violation, in addition to the surcharge required to be imposed 618 under AS 12.55.039. 619 620 B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 621 title, or the violation of any order issued under KIBC 13.20.020(A), and to obtain damages for 622 any injury the plaintiff suffered as the result of the violation. An action for injunction under this 623 section may be brought notwithstanding the availability of any other remedy. Upon application 624 for injunctive relief and a finding of an existing or threatened violation, the superior court shall 625 enjoin the violation. 626 627 Section 14:Kodiak Island Borough Code section 15.50.030, Penalties and remedies, is 628 amended to read as follows: 629 630 15.50.030 Penalties and remedies. 631 A. A person who violates any provision of this title or any order issued under KIBC 15.50.010 is 632 guilty of a violation and upon conviction is punishable by a fine of not more than $300.00, in 633 addition to the surcharge required to be imposed under AS 12.55.039. Each day of violation 634 constitutes a separate offense. 635 636 B. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 637 title, or any order issued under KIBC 15.50.010, and to obtain damages for any injury the 638 plaintiff suffered as a result of the violation. An action for injunction under this section may be 639 brought notwithstanding the availability of any other remedy. Upon application for injunctive 640 relief and the finding of an existing or threatened violation, the superior court shall enjoin the 641 violation. 642 643 C. Each act or condition violating this title or any order issued under KIBC 15.50.010, and each 644 day during which the act or condition exists, continues, or is repeated shall be a separate and 645 distinct violation. 646 647 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 648 other penalty provided for in state law or any civil remedy available to the borough. 649 650 Section 15:Kodiak Island Borough Code section 16.10.030, Scope and jurisdiction, is 651 amended to read as follows: 652 653 16.10.030 Scope and jurisdiction. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 56 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 17 of 20 Insertion – Bold, Blue, Underlined Version 1 654 A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 655 borough approval shall be recorded unless approved by the borough or a standard subdivision 656 agreement has been executed with the borough. 657 658 B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 659 for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 660 final approval by the commission under the previously existing title, except in the instance of 661 further subdivision of existing lots or tracts. 662 663 C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or 664 enters into a contract to sell land in a subdivision before a plat of the subdivision has been 665 approved and recorded is guilty of a violation and upon conviction is punishable by a fine of not 666 more than $300.00 for each lot or parcel transferred, sold, or included in a contract to be sold. 667 The borough may enjoin such a transfer, sale, or contract to sell and may recover the penalty by 668 appropriate legal action. 669 670 D. No agency of the state or local government may acquire property through the process of 671 eminent domain which results in a boundary change unless the agency or local government first 672 obtains from the commission preliminary approval of the replat showing clearly the location of 673 the proposed public streets, easements, rights-of-way, and other taking of private property. 674 Final approval of the replat shall be obtained within six months of the acquisition. The 675 commission shall treat applications for replat made by state or local governmental agencies in 676 the same manner as replat petitions originated by private land owners. 677 678 E. No person may file a plat or seek to have a plat filed unless it bears the approval of the 679 borough. A person who knowingly violates this requirement is punishable upon conviction by a 680 fine of not more than $300.00. 681 682 F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this 683 title, any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition 684 of any plat or other entitlement approved under this title, and to obtain damages for any injury 685 the plaintiff suffered as a result of the violation. An action for injunction under this section may 686 be brought notwithstanding the availability of any other remedy. Upon application for injunctive 687 relief and a finding of an existing or threatened violation, the superior court shall enjoin the 688 violation. 689 690 Section 16:Kodiak Island Borough Code Chapter 17.210, Enforcement, Penalties and 691 Remedies, is amended to read as follows: 692 693 Chapter 17.210 694 ENFORCEMENT, PENALTIES AND REMEDIES 695 696 Sections: 697 17.210.010 Administrative enforcement action. 698 17.210.020 Administrative inspections. AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 57 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 18 of 20 Insertion – Bold, Blue, Underlined Version 1 699 17.210.030 Penalties and remedies. 700 17.210.040 Responsibility for violations. 701 702 17.210.010 Administrative enforcement action. 703 A. The manager or designee may order: 704 705 1. The discontinuation of unlawful uses of land or structures; 706 2. The removal or abatement of unlawful structures, or any unlawful additions or alterations 707 thereto; 708 3. The discontinuation of construction or other preparatory activity leading to an unlawful 709 structure or an unlawful use of a land or structure; 710 4. When necessary to ensure compliance with this title, the suspension or revocation of 711 building permits, variances, or other borough land use entitlements. 712 713 B. Upon complaint by a citizen, or upon their own initiative, any borough code enforcement 714 officer authorized to enforce this title may, after investigation, initiate proceedings against any 715 person for the violation of this title. Except for prosecutions for failing to comply with an order 716 issued under subsection A of this section or where the protection of public health and safety 717 require immediate action, the borough code enforcement officer shall give at least 10 days’ 718 written notice of intent to prosecute, and may initiate proceedings only if the violation is not 719 cured within the notice period. 720 721 17.210.020 Administrative inspections. 722 In accordance with this section, a borough code enforcement officer may make inspections of 723 buildings or premises to check for zoning violations. When the officer has reasonable cause to 724 believe there exists a violation of this title, the officer may enter such building or premises if: 725 726 1. The owner or lessee has given consent; or 727 2. A judicially granted search warrant has been obtained. 728 729 17.210.030 Penalties and remedies. 730 A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) 731 or any term or condition of a conditional use, variance or other entitlement issued under this 732 title, is guilty of a violation and upon conviction is punishable by a fine of not more than $300.00, 733 in addition to the surcharge required to be imposed under AS 12.55.039. 734 735 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 736 may bring a civil action to enjoin any violation of this title, any order issued under KIBC 737 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement 738 issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of 739 a violation. An action for injunction under this section may be brought notwithstanding the 740 availability of any other remedy. Upon application for injunctive relief and the finding of an 741 existing or threatened violation, the superior court shall enjoin the violation. 742 AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 58 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 19 of 20 Insertion – Bold, Blue, Underlined Version 1 743 C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any 744 term or condition of a conditional use, variance, or other entitlement issued under this title, and 745 each day during which the act or condition exists, continues or is repeated shall be a separate 746 and distinct violation. 747 748 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 749 other penalty provided for in state law or any civil remedy available to the borough. 750 751 17.210.040 Responsibility for violations. 752 The record owner, and any person in possession or control of property maintained in violation of 753 this title is responsible for the violation and is subject to prosecution in accordance with Chapter 754 1.20 KIBC and this Chapter 17.210. 755 756 Section 17:Kodiak Island Borough Code section 18.35.050, Penalties and remedies, is 757 amended to read as follows: 758 759 18.35.050 Penalties and remedies. 760 A. A person who violates the provisions of this chapter is guilty of a violation and upon 761 conviction is punishable by a fine of not more than $300.00, in addition to the surcharge 762 required to be imposed under AS 12.55.039. 763 764 B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person 765 may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury 766 the plaintiff suffered as a result of the violation. 767 768 C. Each act or condition violating this chapter, and each day during which the act or condition 769 exists, continues or is repeated, shall be a separate and distinct violation. 770 771 D. The penalties provided for violation of this chapter are in addition to and not in lieu of any 772 other penalty provided for in state law or any civil remedy available to the borough. 773 774 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 775 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 776 777 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 778 THIS __________ DAY OF _______________, 2020. 779 780 KODIAK ISLAND BOROUGH ATTEST: 781 782 783 ___________________________ ___________________________ 784 Bill Roberts, Mayor Tara Welinsky, Clerk 785 786 VOTES: 787 Ayes: AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 59 of 88 Kodiak Island Borough, Alaska Ordinance No. FY2020-09 Deletion – Red, Strikeout Page 20 of 20 Insertion – Bold, Blue, Underlined Version 1 788 Noes: AGENDA ITEM #13.C.1. Ordinance No. FY2020-09 An ordinance of the Assembly of the Kodiak Islan...Page 60 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Appointment To The Providence Kodiak Island Medical Center Community Advisory Board (Dr. Juergens and Mr. Turner) ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to voice non-objection to the appointment of Dr. Carol Juergens and Mr. James Turner to the Providence Kodiak Island Medical Center Community Advisory Board, for a term to expire on December 31, 20.--------- DISCUSSION: On January 21, 2020 the Clerk's Office received notice that Providence Kodiak Island Medical Center Community Advisory Board approved their nomination of Dr. Carol Juergens and Mr. James Turner for board appointments at their regular meeting of -----------, for a term to expire on December 31, -----------. Per contract FY2018-02 the Assembly is given the opportunity to comment before the appointments to the advisory board are made. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per Contract No. 2018-02, Section 29. Providence Kodiak Island Community Advisory Board, ... One Assembly member shall be appointed by Providence as a full voting member of the Providence Kodiak Island Community Advisory Board, and Providence shall give KIB the opportunity for review and comment before appointments to the Board are made. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 61 of 88 January 22, 2020 Kodiak Island Borough Assembly, I request that you please approve our nominations for the Kodiak Advisory Board. This request is per the current by-Laws. James Turner and Dr. Carol Juergens are valued members of our community and have been an instrumental part of our Community Advisory Board to date. Dr. Juergen’s appointment has just expired and in a unanimous vote by the board members they would recommend her for reappointment. James Turner has just completed his time as a Kodiak Island Borough Assembly representative and also in a unanimous vote the board members would like to appoint him as a regular member. Below are their member biographies. Please reach out with any questions. Thank you, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 James Turner, Ocean Beauty . James Turner, plant manager Ocean Beauty Seafoods processes and distributes a variety of fresh Alaskan seafood products throughout the world. It started on the waterfront in Seattle, WA in 1910. It expanded into Alaska in the 1930’s and by 1954, it was the first seafood company to portion and vacuum pack seafood steak and fillets in the state of Alaska. By the 1980’s, Ocean Beauty Seafoods established 6 processing plants in Alaska along with 9 fresh seafood distributions centers throughout the United States and 1 location in Tokyo, Japan. James joined the Kodiak, AK processing plant of Ocean Beauty Seafoods in December 2014 as the plant manager. He manages up to 300 employees at the plant along with 72 varying types of fishing vessels all year round. In addition to running the Ocean Beauty Seafoods Kodiak plant, James just finished his 1st year of a 3-year term as an Assembly Member on the Kodiak Island Borough. Prior to joining Ocean Beauty Seafoods, he was a commercial fisherman for 20 with a company that is based out of Seattle, WA but fished year-round in Alaska all throughout the Bering Sea. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 62 of 88 Carol Juergens, MD, FACP (retired) . Carol is a board-certified internist who practiced general internal medicine in Kodiak for 37 years before retiring in September 2017. She was co-founder with her husband of the Kodiak Island Medical Associates (KIMA)—a full‐service family medical clinic that included both outpatient, inpatient, obstetrical, and extended care services including 24/7 availability and coverage of the PKIMC emergency room. KIMA closed its doors at the time of Carol’s retirement but many of its providers and employees continue to serve the community through the Kodiak Community Health Center. Carol is a member of the PKIMC Community Advisory Board, former Kodiak Community Health Center Board member, and long-time volunteer in Kodiak Island schools. She has a BS in Physical Science from Stanford University and an MD from Mayo Clinic School of Medicine. She was recognized by her Anchorage colleagues in 2017 with a Lifetime Achievement Award from the American College of Physicians Alaska Chapter. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 63 of 88 January 22, 2020 Community Ministry Board members, I request that you please approve our nominations for the Kodiak Advisory Board. This request is per the current by-Laws. James Turner and Dr. Carol Juergens are valued members of our community and have been an instrumental part of our Community Advisory Board to date. Dr. Juergen’s appointment has just expired and in a unanimous vote by the board members they would recommend her for reappointment. James Turner has just completed his time as a Kodiak Island Borough Assembly representative and also in a unanimous vote the board members would like to appoint him as a regular member. Below are their member biographies. Please reach out with any questions. Thank you, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 James Turner, Ocean Beauty . James Turner, Plant Manager Ocean Beauty Seafoods processes and distributes a variety of fresh Alaskan seafood products throughout the world. It started on the waterfront in Seattle, WA in 1910. It expanded into Alaska in the 1930’s and by 1954, it was the first seafood company to portion and vacuum pack seafood steak and fillets in the state of Alaska. By the 1980’s, Ocean Beauty Seafoods established 6 processing plants in Alaska along with 9 fresh seafood distributions centers throughout the United States and 1 location in Tokyo, Japan. James joined the Kodiak, AK processing plant of Ocean Beauty Seafoods in December 2014 as the plant manager. He manages up to 300 employees at the plant along with 72 varying types of fishing vessels all year round. In addition to running the Ocean Beauty Seafoods Kodiak plant, James just finished his 1st year of a 3-year term as an Assembly Member on the Kodiak Island Borough. Prior to joining Ocean Beauty Seafoods, he was a commercial fisherman for 20 with a company that is based out of Seattle, WA but fished year-round in Alaska all throughout the Bering Sea. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 64 of 88 Carol Juergens, MD, FACP (retired) . Carol is a board-certified internist who practiced general internal medicine in Kodiak for 37 years before retiring in September 2017. She was co-founder with her husband of the Kodiak Island Medical Associates (KIMA)—a full‐service family medical clinic that included both outpatient, inpatient, obstetrical, and extended care services including 24/7 availability and coverage of the PKIMC emergency room. KIMA closed its doors at the time of Carol’s retirement but many of its providers and employees continue to serve the community through the Kodiak Community Health Center. Carol is a member of the PKIMC Community Advisory Board, former Kodiak Community Health Center Board member, and long-time volunteer in Kodiak Island schools. She has a BS in Physical Science from Stanford University and an MD from Mayo Clinic School of Medicine. She was recognized by her Anchorage colleagues in 2017 with a Lifetime Achievement Award from the American College of Physicians Alaska Chapter. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 65 of 88 Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 907-486-3281 www.providence.org January 22, 2020 Appointment of Community Advisory Board Member Kodiak Island Borough Assembly, The Providence Kodiak Island Medical Center Community Advisory Board wishes to appoint Dr. Carol Juergens to the board. Per the bylaws, all appointments must be voted on by the Borough Assembly. Thank you for your assistance. Warmly, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 66 of 88 Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 907-486-3281 www.providence.org January 22, 2020 Appointment of Community Advisory Board Member Kodiak Island Borough Assembly, The Providence Kodiak Island Medical Center Community Advisory Board wishes to appoint James Turner to the board. Per the bylaws, all appointments must be voted on by the Borough Assembly. Thank you for your assistance. Warmly, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 67 of 88 JAMES TURNER James.turner@oceanbeauty.com PO Box 1673 Cellular (206) 316-0482 Kodiak, AK.99615 Executive Profile Twenty-three years of Factory Management experience! Twenty two years of management/ownership experience. Solid interpersonal skills, self-motivated and detail oriented with excellent leadership skills. Knowledge and experience of working with Excel, Word and other various software programs. Career Achievements • Renovated a production factory to its full potential • Implemented TQM • Implemented Lean Processing • Six Sigma team leader Qualification Highlights • Turned around underachieving retail facility, implementing changes that resulted in goal achievement for the 1st time in 18 months • Managed all aspects of departmental inventory management, including purchasing and procurement on an international scale • Reduced shrinkage and improved efficiency by motivating receiving staff to maintain more accurate records • Planned and implemented targeted sales activities to build and maintain business, emphasizing value -added services in a market dominated by well-capitalized competitors Professional Background Borough Assemblymen 2018 to Present Kodiak Island Borough Kodiak, AK Sitting member of the Kodiak Island Borough Assembly voted on by the residents of Kodiak Island. Plant Manager 2013 to Present Ocean Beauty Seafoods Kodiak, AK Product Development, Client services, Training, Account development, increased production with Lean Manufacturing concepts. Develop new concepts for higher productivity with existing Personal Fleet Manager 2013 to 2013 Trident Seafoods Kodiak, AK Brought on to relieve the Plant Manager while on vacation. Stayed on as the Fleet manager running the plant as the night Manager. Trained Foreman different more efficient ways to run the product. Increasing production, reducing hours used to achieve higher quality. Rotation Manager 2013 to 2013 Trident Seafoods Cordova, AK Hired to help a failing Salmon plant, turn around its declining production. Ran processing factory with 300 processors. Increasing production by 110% as well as decreasing Product claims. Assistant Factory Manager 1997 to 2013 American Seafoods Seattle, WA Began as a processor, became the Assistant Factory Manager in less than 2 years! Ran processing factory with 60 processors. Increasing production by 48% as well as decreasing turnover of processors to less than 1%. Education A.A., Architecture 1995 Fresno City College Fresno, CA H.S. Diploma 1989 McLane High School Fresno, CA Training • HACCP • HASWOPER • Diversity training • Forklift trainer • Better Process Certified • CPR • FDA Food defense • CDC Foodborne Assessment AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 68 of 88 January 22, 2020 Kodiak Island Borough Assembly, I request that you please approve our nominations for the Kodiak Advisory Board. This request is per the current by-Laws. James Turner and Dr. Carol Juergens are valued members of our community and have been an instrumental part of our Community Advisory Board to date. Dr. Juergen’s appointment has just expired and in a unanimous vote by the board members they would recommend her for reappointment. James Turner has just completed his time as a Kodiak Island Borough Assembly representative and also in a unanimous vote the board members would like to appoint him as a regular member. Below are their member biographies. Please reach out with any questions. Thank you, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 James Turner, Ocean Beauty . James Turner, plant manager Ocean Beauty Seafoods processes and distributes a variety of fresh Alaskan seafood products throughout the world. It started on the waterfront in Seattle, WA in 1910. It expanded into Alaska in the 1930’s and by 1954, it was the first seafood company to portion and vacuum pack seafood steak and fillets in the state of Alaska. By the 1980’s, Ocean Beauty Seafoods established 6 processing plants in Alaska along with 9 fresh seafood distributions centers throughout the United States and 1 location in Tokyo, Japan. James joined the Kodiak, AK processing plant of Ocean Beauty Seafoods in December 2014 as the plant manager. He manages up to 300 employees at the plant along with 72 varying types of fishing vessels all year round. In addition to running the Ocean Beauty Seafoods Kodiak plant, James just finished his 1st year of a 3-year term as an Assembly Member on the Kodiak Island Borough. Prior to joining Ocean Beauty Seafoods, he was a commercial fisherman for 20 with a company that is based out of Seattle, WA but fished year-round in Alaska all throughout the Bering Sea. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 69 of 88 Carol Juergens, MD, FACP (retired) . Carol is a board-certified internist who practiced general internal medicine in Kodiak for 37 years before retiring in September 2017. She was co-founder with her husband of the Kodiak Island Medical Associates (KIMA)—a full‐service family medical clinic that included both outpatient, inpatient, obstetrical, and extended care services including 24/7 availability and coverage of the PKIMC emergency room. KIMA closed its doors at the time of Carol’s retirement but many of its providers and employees continue to serve the community through the Kodiak Community Health Center. Carol is a member of the PKIMC Community Advisory Board, former Kodiak Community Health Center Board member, and long-time volunteer in Kodiak Island schools. She has a BS in Physical Science from Stanford University and an MD from Mayo Clinic School of Medicine. She was recognized by her Anchorage colleagues in 2017 with a Lifetime Achievement Award from the American College of Physicians Alaska Chapter. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 70 of 88 January 22, 2020 Community Ministry Board members, I request that you please approve our nominations for the Kodiak Advisory Board. This request is per the current by-Laws. James Turner and Dr. Carol Juergens are valued members of our community and have been an instrumental part of our Community Advisory Board to date. Dr. Juergen’s appointment has just expired and in a unanimous vote by the board members they would recommend her for reappointment. James Turner has just completed his time as a Kodiak Island Borough Assembly representative and also in a unanimous vote the board members would like to appoint him as a regular member. Below are their member biographies. Please reach out with any questions. Thank you, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 James Turner, Ocean Beauty . James Turner, Plant Manager Ocean Beauty Seafoods processes and distributes a variety of fresh Alaskan seafood products throughout the world. It started on the waterfront in Seattle, WA in 1910. It expanded into Alaska in the 1930’s and by 1954, it was the first seafood company to portion and vacuum pack seafood steak and fillets in the state of Alaska. By the 1980’s, Ocean Beauty Seafoods established 6 processing plants in Alaska along with 9 fresh seafood distributions centers throughout the United States and 1 location in Tokyo, Japan. James joined the Kodiak, AK processing plant of Ocean Beauty Seafoods in December 2014 as the plant manager. He manages up to 300 employees at the plant along with 72 varying types of fishing vessels all year round. In addition to running the Ocean Beauty Seafoods Kodiak plant, James just finished his 1st year of a 3-year term as an Assembly Member on the Kodiak Island Borough. Prior to joining Ocean Beauty Seafoods, he was a commercial fisherman for 20 with a company that is based out of Seattle, WA but fished year-round in Alaska all throughout the Bering Sea. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 71 of 88 Carol Juergens, MD, FACP (retired) . Carol is a board-certified internist who practiced general internal medicine in Kodiak for 37 years before retiring in September 2017. She was co-founder with her husband of the Kodiak Island Medical Associates (KIMA)—a full‐service family medical clinic that included both outpatient, inpatient, obstetrical, and extended care services including 24/7 availability and coverage of the PKIMC emergency room. KIMA closed its doors at the time of Carol’s retirement but many of its providers and employees continue to serve the community through the Kodiak Community Health Center. Carol is a member of the PKIMC Community Advisory Board, former Kodiak Community Health Center Board member, and long-time volunteer in Kodiak Island schools. She has a BS in Physical Science from Stanford University and an MD from Mayo Clinic School of Medicine. She was recognized by her Anchorage colleagues in 2017 with a Lifetime Achievement Award from the American College of Physicians Alaska Chapter. AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 72 of 88 Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 907-486-3281 www.providence.org January 22, 2020 Appointment of Community Advisory Board Member Kodiak Island Borough Assembly, The Providence Kodiak Island Medical Center Community Advisory Board wishes to appoint Dr. Carol Juergens to the board. Per the bylaws, all appointments must be voted on by the Borough Assembly. Thank you for your assistance. Warmly, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 73 of 88 Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 907-486-3281 www.providence.org January 22, 2020 Appointment of Community Advisory Board Member Kodiak Island Borough Assembly, The Providence Kodiak Island Medical Center Community Advisory Board wishes to appoint James Turner to the board. Per the bylaws, all appointments must be voted on by the Borough Assembly. Thank you for your assistance. Warmly, Randi Long Assistant Executive, Board Liaison Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 Direct: (907) 486-9595 AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 74 of 88 JAMES TURNER James.turner@oceanbeauty.com PO Box 1673 Cellular (206) 316-0482 Kodiak, AK.99615 Executive Profile Twenty-three years of Factory Management experience! Twenty two years of management/ownership experience. Solid interpersonal skills, self-motivated and detail oriented with excellent leadership skills. Knowledge and experience of working with Excel, Word and other various software programs. Career Achievements • Renovated a production factory to its full potential • Implemented TQM • Implemented Lean Processing • Six Sigma team leader Qualification Highlights • Turned around underachieving retail facility, implementing changes that resulted in goal achievemen t for the 1st time in 18 months • Managed all aspects of departmental inventory management, including purchasing and procu rement on an international scale • Reduced shrinkage and improved efficiency by motivating receiving staff to maintain more accurate records • Planned and implemented targeted sales activities to build and maintain business, emphasizing value -added services in a market dominated by well-capitalized competitors Professional Background Borough Assemblymen 2018 to Present Kodiak Island Borough Kodiak, AK Sitting member of the Kodiak Island Borough Assembly voted on by the residents of Kodiak Island. Plant Manager 2013 to Present Ocean Beauty Seafoods Kodiak, AK Product Development, Client services, Training, Account development, increased production with Lean Manufacturing concepts. Develop new concepts for higher productivity with existing Personal Fleet Manager 2013 to 2013 Trident Seafoods Kodiak, AK Brought on to relieve the Plant Manager while on vacation. Stayed on as the Fleet manager running the plant as the night Manager. Trained Foreman different more efficient ways to run the product. Increasing production, reducing hours used to achieve higher quality. Rotation Manager 2013 to 2013 Trident Seafoods Cordova, AK Hired to help a failing Salmon plant, turn around its declining production. Ran processing factory with 300 processors. Inc reasing production by 110% as well as decreasing Product claims. Assistant Factory Manager 1997 to 2013 American Seafoods Seattle, WA Began as a processor, became the Assistant Factory Manager in less than 2 years! Ran processing factory with 60 processors. Increasing production by 48% as well as decreasing turnover of processors to less than 1%. Education A.A., Architecture 1995 Fresno City College Fresno, CA H.S. Diploma 1989 McLane High School Fresno, CA Training • HACCP • HASWOPER • Diversity training • Forklift trainer • Better Process Certified • CPR • FDA Food defense • CDC Foodborne Assessment AGENDA ITEM #13.D.2. * Appointment To The Providence Kodiak Island Medical Center Community A...Page 75 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. Shields). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Grant Shields to the Board of Equalization for a term to expire December 2022. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 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. AGENDA ITEM #13.D.3. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 76 of 88 Revision Date: 1/13/2020 Revised by: LC CITIZENS BOARD OF EQUALIZATION KODIAK ISLAND BOROUGH ASSESSING OFFICE, SEEMA GAROUTTE 486-9355 sgaroutte@kodiakak.us CLERK’S OFFICE, TARA WELINSKY 486-9310 twelinsky@kodiakak.us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD 710 MILL BAY ROAD ROOM 228 ROOM 234 KODIAK, AK 99615 KODIAK, AK 99615 STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Mark Anderson (Chair) 1124 Stellar Way Kodiak, AK 99615 2021 (907) 486- 3377 (907) 486- 3215 mark@brechan.com Ed Mahoney Po Box 2281 Kodiak, AK 99615 2021 (907) 486- 1968 907) 539- 1234 907) 539- 1234 builder@gci.net Paula Laird 370 Curlew Way Kodiak, AK 99615 2020 (907) 942- 0444 (907) 512- 2771 PaulaL@gci.net John Parker (Vice Chair) PO Box 191 Kodiak, AK 99615 2020 (907) 486- 3084 (907) 486- 3084 toybox@gci.net VACANT 2022 Two Alternates VACANT 2022 Bryan Ferris 3408 Harlequin Court Kodiak, AK 99615 2020 654-2813 bferris@alaska.net KIBC 3.35.050 Members. The board of equalization shall be composed of five (5) persons and two alternates, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 AGENDA ITEM #13.D.3. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 77 of 88 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Board Application Form Date:Thursday, January 23, 2020 11:56:30 AM Board Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Commission, or Committee applying for Board of Equalization Designated seat or group representation (if applicable): Field not completed. Full Name Grant shields Residence Address 417 Neva Way Mailing Address P.O. Box 651 Kodiak AK 99615 Email Address (This address will be used for correspondence) grants@gci.net Home Phone Number (numeric only) 9075392663 Work Number (numeric only)9074864663 Cell or Fax Number (numeric only) 9075392663 Employer/Occupation Real Estate Broker Alaska 1 Realty RESIDENCY INFORMATION Length of residency in Kodiak Kodiak Resident since 1987 Registered to vote in Kodiak? Yes FOR SERVICE AREA BOARD APPLICANTS AGENDA ITEM #13.D.3. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 78 of 88 Length of Residence in Service Area 25 + years ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? No If yes, which Field not completed. Organizations you belong to or participate in KREP Kodiak Real Estate Professionals Explain your main reason for applying it was asked by Mayor Roberts. When Bill asks I listen! What background, experience, or expertise will you bring to the board/committee/commission membership? 20+ years of Real Estate Back ground with opinions on home and land market value with considerations on the current economical trends in Kodiak. Are you available for regular meetings? Yes Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y______ N ______ Applicant's Residence: Borough_______ City ______ Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A ________ Attached ________ On File ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.3. * Confirmation of Mayoral Appointment To The Board Of Equalization (Mr. ...Page 79 of 88 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 6, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Confirmation of Mayoral Appointment To The Parks and Recreation Committee (Mr. Hersh). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Gregory Hersh to the Parks and Recreation Committee for a term to expire December 2020. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 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. AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 80 of 88 Revision Date: 01/16/2020 Revised by: AR PARKS AND RECREATION COMMITTEE KODIAK ISLAND BOROUGH NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Patrick Saltonstall PO Box 1909 Kodiak, AK 99615 2021 (907) 486-2634 (844) 425-8844 pgsaltonstall@gmail.com Stephen Paulson 962 Mallard Way Kodiak, AK 99615 2021 (907) 486-4750 (907) 539-2077 spaulson@gci.net Eric Linscheid PO Box 316 Kodiak, AK 99615 2021 (907) 539-6829 ericlinscheid@gmail.com Ben Millstein 523 Leta St. Kodiak, AK 99615 2020 (907) 486-2537 (907) 942-3083 bmills@ak.net Brian Himelbloom Po Box 1866 Kodiak, AK 99615 2022 (907) 486-0822 (907) 486-1529 (907) 512-7070 kayakadq@gmail.com Sam Jordan 3418 Spruce Cape Rd. Unit 1 Kodiak, AK 99615 2020 (907) 942-1072 (907) 942-1072 (907) 942-1072 samuelrjordan@yahoo.com Vacant 2020 NON-VOTING EX- OFFICIOS Assembly Representative Dennis Symmons PO Box 1522 Kodiak, AK 99615 2021 (907) 654-1045 dennis.symmons@kibassembly.org State Representative Ben Shryock 1400 Abercrombie Dr. Kodiak, AK 99615 (907) 486-6339 benjamin.shryock@alaska.gov City Parks & Rec. Representative Corey Gronn 315 Maple Ave. Kodiak, AK 99615 (907) 486-8670 (907) 654-7559 cgronn@city.kodiak.ak.us School District Representative Ron Bryant 722 Mill Bay Road Kodiak, AK 99615 (907) 539-1482 rbryant01@kibsd.org Roster continued on the next page…. AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 81 of 88 Revision Date: 01/16/2020 Revised by: AR KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE PARKS AND RECREATION COMMITTEE NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL This committee is governed by Kodiak Island Borough Code 2.120 COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 202 KODIAK, AK 99615 CDD DIRECTOR, ERIN WELTY 486-9362 ewelty@kodiakak.us CODE ENFORCEMENT OFFICER, VACANT CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us STAFF: Planning and Zoning Commission Representative Vacant Vacant, Alternate AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 82 of 88 From:noreply@civicplus.com To:Clerks Subject:Online Form Submittal: Board Application Form Date:Saturday, December 21, 2019 10:04:35 AM Board Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Commission, or Committee applying for Parks and Recreation Committee Designated seat or group representation (if applicable): Field not completed. Full Name Gregory Ronan Hersh Residence Address 223 Mill Bay Rd, Kodiak AK 99615 Mailing Address 223 Mill Bay Rd, Kodiak AK 99615 Email Address (This address will be used for correspondence) gregoryhersh@yahoo.com Home Phone Number (numeric only) 7576421608 Work Number (numeric only)9074875699 Cell or Fax Number (numeric only) 7576421608 Employer/Occupation US Coast Guard / Commanding Officer, North Pacific Regional Fisheries Training Center RESIDENCY INFORMATION Length of residency in Kodiak 7 months Registered to vote in Kodiak? Yes AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 83 of 88 FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Service Area Field not completed. ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards, Commissions, or Committees? No If yes, which N/A Organizations you belong to or participate in N/A Explain your main reason for applying I believe citizenship should include community service. I have been serving on active duty for nearly 10 years, and am proud of my federal service, but want to ensure I am also an active and participatory member of my local community. Outdoor recreation is a passion of mine, and the primary reason I requested consideration for assignment to Kodiak in the first place. I believe I can help further the initiatives of the Parks and Recreation Committee to make our community an even better place to live, work, play, and explore. I have two young children, and we enjoy exploring the parks and natural beauty that surrounds Kodiak Island and the neighboring islands. I want to promote and develop projects and initiatives that bring joy to other people and families, so they may spend quality time and make memorable experiences in this tremendous place I get to call home. What background, experience, or expertise will you bring to the board/committee/commission membership? Prior to joining the Coast Guard in 2010, I worked as a member of the Virginia Beach, VA Parks and Recreation department (references available upon request) where I helped organize group outings, nature and waterway trail activities, nature clean-ups and trail maintenance/development projects, youth development programs, wildlife observation and educational seminars, and provided daily care for 15 non-releasable birds of prey, reptiles, and amphibians. My undergraduate studies included a semester in San Jose, Costa Rica, where I studied ecology and sustainable tourism. In 2008 I was a research intern at Under the Sleeping Buffalo Research, a non-profit environmental agency headquartered in Banff, Alberta, Canada, where I helped persuade major corporations and AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 84 of 88 industries (including the Fairmont Hotel Chain and the Banff/Lake Louise Chamber of Commerce) the rise of conscious tourism and the merit in sustainable tourism practices, including the "Green Luxury" movement. I think I can blend my "deckplate" experience in local Recreation initiatives in Virginia Beach, my public and private engagement experience in Banff, and my formal education in San Jose to help the community of Kodiak create a more expansive, more inclusive, and more dynamic Parks and Recreation committee. My Coast Guard experiences have included leading teams ranging from 3 to over 200 people, managing and overseeing governmental contracts, and public speaking. I currently serve as the Commanding Officer of the North Pacific Regional Fisheries Training Center, where I oversee a staff of 11 and provide training to 350 students per year about living marine resources missions, including fisheries management, marine mammal and endangered species protection, and commercial fishing safety regulations. Formal education: BA, 2009 - Virginia Military Institute, Lexington, VA MA, 2016 - SOAS University of London, London, United Kingdom MA candidate, May 2020 - Norwich University, Northfield, VT Are you available for regular meetings? Yes Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y______ N ______ Applicant's Residence: Borough_______ City ______ Date of Appointment Term Expires On Appointment Letter Roster AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 85 of 88 Oath of Office APOC POFD Statement: N/A ________ Attached ________ On File ________ Email not displaying correctly? View it in your browser. AGENDA ITEM #13.D.4. * Confirmation of Mayoral Appointment To The Parks and Recreation Commit...Page 86 of 88 Quarterly Report - FY2020 Quarter 2 • Executive Director – o Member of - § Kodiak Chamber of Commerce Board of Directors § Kodiak Chamber of Commerce Strategic Planning Committee § Kodiak Chamber of Commerce Small Business Forum (Chair) § Kodiak Chamber of Commerce Crab Festival Committee § Local Emergency Planning Committee § Local Non-profit Network § Noon Rotary § Alaska Tourism Industry Association Membership Committee § Alaska Tourism Industry Foundation Board § Threshold Recycling Services, Inc Board of Directors § Alaska Aerospace Spaceport Planning Advisory Group • Board of Directors – o Attended regular board meetings on November 21st and December 11th • Visitor Guide – o Submitted the required documents to the graphic designer o Approved the 2020 proofs with Journal Graphics for the visitor guide to be printed o 2020 Visitor Guide link - http://www.journalgraphicsdigitalpublications.com/epubs/KVG/Kodiak2020OfficialVisitorGuide/ • Cruise Ship – o There are 19 cruise ships scheduled for the 2020 season. The date range is May 5th – October 11th. o Total passenger count for the season will be about 17,500. • Visitor Center – o Approximately 570 people came into the visitor center during this quarter. o We are planning on replacing the carpet in the visitor center with new vinyl plank flooring. • Social Media o Facebook currently has 38,274likes – up from 38,148 last quarter. o Instagram currently has 3,235 followers – up from 3,006 last quarter. o We use a mix of Discover Kodiak staff, Discover Kodiak member, and Kodiak visitor material on both of these platforms. AGENDA ITEM #17.B.1. Discover Kodiak, Second Quarter Report Page 87 of 88 • Advertising o Adventure Outdoors, Lovin’ Life After 50, Travel Alaska Website, Alaska Trip Planning Guide, Milepost, Fish Alaska, Hunt Alaska, Outdoor Magazine o Trailbound Alaska documentary will be filmed over the next 18 months • Conventions o A Lions convention that will be held here in Kodiak during the second quarter this year. This brought in about 75 people into the Kodiak area. AGENDA ITEM #17.B.1. Discover Kodiak, Second Quarter Report Page 88 of 88 Regular Special Convened: BY: SECOND: 'Quo lLtiwK KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: BY: 5 SECOND: BY: SECOND: 5 Date: Adjourned: BY: SECOND: t'� oY7 n P1 PIC 0 gree ke 20.' ts YES NO YES NO YES NO YES NO,. ._ Yes rn� Mr. Arndtt Mr. Am dt Mr. Arndt Mr. Arndt Y Mr. Amdt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh - Ms. Kavanaug Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner v Ms. Skinner Ms. Skinner Mr. Symmons Mr. Symmons t, --o' Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner VMr. Turner �7 Mr. Turner Mr. Turner Mr. Turner O_ULD_ANYON_E LIKE TO CHANGETHEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: _ TOTAL: TOTAL: TOTAL: O The mayor may not vote except in the case where only six members of the assemb y are present and there is a three/three tie vote of the assembly. Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts + Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote is majority of the membership (quorum). Point of Order and Recess. 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special date: d�v Convened: Recessed: Reconvened: Adjourned: BY: SECOND: �y S BY: SECOND:5 � BY: SECOND: 4 BY: S SECOND: fi. '�9 BY: SECOND: , 3 YES NO ;' YES NO YES NO z YES JQ YES NO Mr. Arndt Mr. Arndt VMr. Arndt oo Mr. Arndt Mr. Arndt ✓' Mr. Dvorak Mr. Dvorak Mr. Dvorak•.• Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner Ms. Skinner '• W. Skinner - Ms. Skinner Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons'A, Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner ✓ Mr. Turner _ WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE? WOULD ANYONE LIKE TO CHANG THEIR VOTE? TOTAL: 1 I TOTAL: I TOTAL: TOTAL:I � TOTAL: - The mayor may not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Roberts I Mayor Roberts Mayor Roberts Mayor Roberts I I Mayor Roberts + Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Convened: Recessed: BY:1A� BY: S SECOND: 0 11 �intf 3'bl�Sb Reconvened: BY: l 1�7 / SECOND: �L Dater' " to ,.duz-o Adjourned: fll/1 BY: DO SECOND: ci J BY: 3 A SECOND: v l&u • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. YES NO YES NO YES NO YES :p YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. DvorakMr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh. Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder V Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner JMr. Ms. Skinner Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THE -IR VOTE?: TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Roberts I I I Mayor Roberts I I I Mayor Roberts Mayor Roberts I I I Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Kodiak Island Borough Solid Waste Advisory Board 710 Mill Bay Road Kodiak, Alaska 99615 Reduce Reuse Recycle February 6, 2020 The Honorable Bill Roberts Mayor Kodiak island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Roberts, At our February 3, 2020 meeting, the Solid Waste Advisory Board (SWAB) unanimously passed a motion recommending that the Borough Assembly adopt Ordinance No. FY2020-09 addressing Borough Code enforcement and the Alaska Uniform Minor Offense Table (UMOT). Recent events have made clear that a lack of proper waste storage by the public has caused a dangerous attraction for bears. The failure to securely latch the door or cover of roll carts and bins and improper storage of waste outside of secure containers is a people problem which results in a bear problem. Even though adopting this ordinance may not completely solve the bear problems, we feel it will have a positive impact on the situation. The SWAB has recently begun a public outreach campaign in local print, radio and social media. Once the Assembly has taken favorable action on this ordinance, Ave are prepared to make the public well aware that there will be consequences for improper solid waste storage. Just the threat of a citation and a fine may motivate some people to be more conscientious about crow they dispose of household waste. If the Assembly has questions, there will be a SWAB representative at the February 6, 2020 Borough Assembly meeting. Sincerely, Nick Szab Chairman Proposed language changes for Ordinance FY2020-09 ��%h /11�r Lines 358 — 359 amended to read: b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll -off caused by the person discarding the waste or by improper use of the cart bin or roll -off which causes solid waste to be left outside the cart, bin or roll -off. fines 361 — 363 will be struck: 0 ntr u +s +of^re u+}}r tc sleep �u{ se i �{ sem, Idiiss�,��ss��er , nn#hvtirrcrniri-.`.Fc�. r asai�rrrvQ _ti _ TY'j j-et-ra�l- lTF �. . -L Vfi' V4 kO the nnn#rnn# ha filer 601"4006P G4eGijnn and #r2nrnnr42#inn Lines 597 — 606 will be replaced with: 10.20.010 Obstruction of rights-of-way. A. No person shall place, leave or deposit upon borouah-owned streets or improved rights- of-way any vehicles, debris, or other objects,_ except that: 1. person may park a vehicle for a period of time not to exceed 24 hours. 2. A person may park, or allow or cause to be parked, a disabled or inoperable motor vehicle for a period not to exceed 24 hours. B. No person shall place, leave or deposit upon any street, developed right-of-way or drainage structure, any accumulation of snow or ice which has been removed from a private driveway or approach road. KODIAK ISLAND BOROUGH Meeting Type: U Date: Cjz 07-D- u Please PRINT your name leglbly Please PRINT-vour nage Ieglbly ' orwo- w1orwim NINE- � ��V Iff = M- O i - mil l m1 mErA.I. - w ;L, . lol I wdmlWWI ;Old, - llillli�lldll J1 www.kodiakak.us www.facebook.com/KodiakIslandBorough @KodiakBorough Kodiak Island Borough Assembly Newsletter PROCLAIMED RECEIVED ADOPTED AMENDED, POSTPONED APPROVED ADVANCED *APPROVED *CONFIRMED *CONFIRMED *VOICED NON-OBJECTION *APPROVED Items approved under consent agenda.