2020-09-10 Work Session
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Kodiak Island Borough
Assembly Work Session
Thursday, September 10, 2020, 6:30 p.m.
School District Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming
regular meeting agenda packet and seek or receive information from staff. Although additional items not
listed on the work session agenda are discussed when intr oduced by the Mayor, Assembly, or staff, no
formal action is taken at work sessions and items that require formal Assembly action are placed on
regular Assembly meeting agenda. Citizen’s comments at work sessions are NOT considered part of the
official record. Citizen’s comments intended for the “official record” should be made at a regular Assembly
meeting.
Page
1. CITIZENS’ COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3 - 6
a.
Update From Staff On How The Uniform Table Of Minor Offenses
(UMOT) Works.
Memo From KIB Staff To KIB Assembly - UMOT Mandatory
Appearances - Pdf
7 - 16
b.
Presentation On Investment Options For KIB And Maximum
Allowable Tax Cap.
Complete Binder For Maximum Allowable Tax Cap - Pdf
c.
Discussion On Mask Requirements.
17 - 20
d.
Joint Costs of COVID-19.
Complete Binder City CARES Act Preliminary Budget - Pdf
e.
Kodiak Island Borough Cares Nonprofit Applications - Further
Discussion On Additional Information Received
3. MANAGER COMMENTS
4. CLERK’S COMMENTS
5. PACKET REVIEW REGULAR MEETING, SEPTEMBER 17, 2020
Items may be added during the work session for inclusion on the Regular Meeting agenda. The
item title needs to be provided/developed at the work session in enough detail to give assembly
and public reasonable notice.
AWARDS AND PRESENTATIONS
None.
Page 1 of 20
Visit our website at
www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
PUBLIC HEARING
None
UNFINISHED BUSINESS
1. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending
KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax On Cigarettes And
Tobacco Products Section .020 Definitions and Section .030 Excise Tax On Cigarettes
And Tobacco Products.
NEW BUSINESS
CONTRACTS
None.
RESOLUTIONS
None.
ORDINANCES FOR INTRODUCTION
None.
OTHER ITEMS
1. Approval of the October 6, 2020 Regular Municipal Election Workers.
EXECUTIVE SESSION
1. Solid Waste Contract No. FY2019-25 Conference With Borough Attorney, Scott Brandt-
Erichsen.
6. ASSEMBLY MEMBERS COMMENTS
7. MAYOR’S COMMENTS
Page 2 of 20
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 10, 2020
Kodiak Island Borough
SUBJECT: Update From Staff On How The Uniform Table Of Minor Offenses (UMOT)
Works.
ORIGINATOR: Michael Powers
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.a.
Update From Staff On How The Uniform Table Of Minor Offenses (UMOT) Work...
Page 3 of 20
KODIAK ISLAND
BOROUGH
Community Development Department
DATE: 8/5/2020
TO: KIB Mayor & Assembly
FROM: Erin Welty, Community Development Director
VIA: Michael Powers, KIB Manager
SUBJECT: UMOT Mandatory Appearances
Since adoption of the UMOT fine table and the corresponding code changes, we have
been working with the KIB attorney to get the UMOT table registered with the court
system in preparation for the ability to write citations. Just because a violation does not
have a liquidated fine associated in the fine schedule does not mean it is not
enforceable. Not assigning a liquidated fine means that the violation gets registered as
a mandatory court appearance.
Attached is a table that lists each violation found in Title 6, 8, 9, 10, 15, 16, 17 and 18
that did NOT have a liquidated fine assigned to it in the fine table adopted by Ordinance
FY2020-09. The intent is for the Assembly to be aware of this change in understanding
and to review this list and decide if they would like to further discuss setting liquidated
fines for any of these instead of requiring a mandatory court appearance.
Staff is cognizant of the Assembly’s desire to limit citation to the most egregious
infractions. Current policy for all code infractions is to work with the property
owner/individual in an attempt to reach an amicable solution. It is only when numerous
documented requests and warnings have failed that a citation will be issued.
AGENDA ITEM #2.a.
Update From Staff On How The Uniform Table Of Minor Offenses (UMOT) Work...
Page 4 of 20
UMOT Violations
No liquidatable fine
Code Section Description
Maximum Fine
Permitted by
Mandatory KIBC Describing Fines
6.04.020 Cruelty to Animals $1,000 6.04.270/1.20.010
6.04.070 Transport of animal with Equine Infectious Anemia $1,000 6.04.270/1.20.010
6.04.090 Tethering of Animals $1,000 6.04.270/1.20.010
6.04.100.A Failure to Control Vicious Animal $1,000 6.04.270/1.20.010
6.04.100.C Failure to Control Female Dog in Heat $1,000 6.04.270/1.20.010
6.04.120.E Failure to Brand Cattle over 6 months $1,000 6.04.270/1.20.010
6.04.150 Failure to Immunize for Rabies $1,000 6.04.270/1.20.010
8.20.010.A Littering $1,000 8.20.030/1.20.010
8.20.010.B Failure to Cover Solid Waste Loads in Transport $1,000 8.20.030/1.20.010
8.25.040.A Accumulation of Solid Waste $250 8.25.240
8.25.040.B Solid Waste as a Public Nuisanse $250 8.25.240
8.25.040.C Solid Waste Stored as Game Attractant $250 8.25.240
8.25.050 Misuse of Other's Waste Container $250 8.25.240
8.25.060 Failure to Obtain a Solid Waste Subscription $250 8.25.240
8.25.070 Improper Set-Out of Waste or Waste Containers $250 8.25.240
8.25.100 Improper Transport of Solid Waste $250 8.25.240
8.25.110 Disposal at Non-Permitted Facilities $250 8.25.240
8.25.120.A Disposing of Toxic Waste from Outside Borough $250 8.25.240
8.25.120.B Improper Disposal of Used Motor Oil $250 8.25.240
8.25.120.C Improper Disposal of Household Hazardous Waste $250 8.25.240
8.25.130 Illegal Burning of Solid Waste $250 8.25.240
8.25.140 Providing Illegal Solid Waste Handling Service $250 8.25.240
8.25.160 Illegal Scavenging of Solid Waste $250 8.25.240
8.25.200 Prohibited Item Disposal $250 8.25.240
8.35.020 Prohibited Garbage Burning none none
8.40.015.A Use of Watercraft Outside Permitted Season $1,000 8.40.025/1.20.010
8.40.015.B Prohibited Use of Watercraft $1,000 8.40.025/1.20.010
9.10.030 Prohibited Sale of Fireworks $1,000 9.10.060/1.20.010
9.10.040 Prohibited Use of Fireworks $1,000 9.10.060/1.20.010
9.20.020 Interference of a Borough Code Enforcement Officer $500 9.20.030
10.10.030 Unlawful Placement of Junk/Junk Vehicle in Public View $1,000 10.10.080 AGENDA ITEM #2.a.Update From Staff On How The Uniform Table Of Minor Offenses (UMOT) Work...Page 5 of 20
UMOT Violations
No liquidatable fine
15.35.020 Failure to Obtain a Driveway Permit none none
15.50.010.D Violation of Building Code $300 15.50.030
16.10.030.A Recording of Plat without Borough Approval $300 16.10.030.E ?
16.10.030.C Illegal Sale of Uplatted Parcel $300 16.10.030.E ?
16.10.030.D
Failure to Obtain Planning Commission Approval for Eminant Domain
Plat $300 16.10.030.E ?
16.10.040 Illegal Alteration of a Recorded Plat none none
17.15.020 Failure to Obey Zoning Code Requirements $300 17.210.
17.15.110 Failure to Provide Transient Accomodation Tax Certificate $300 17.210.
17.15.060 Failure to Obtain Zoning Compliance Permit $300 17.210.
17.15.080 Probibited Use $300 17.210.
18.35.010 Trespass on KIB Property $300 18.35.050
AGENDA ITEM #2.a.Update From Staff On How The Uniform Table Of Minor Offenses (UMOT) Work...Page 6 of 20
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 10, 2020
Kodiak Island Borough
SUBJECT: Presentation On Investment Options For KIB And Maximum Allowable Tax
Cap.
ORIGINATOR: Dora Cross
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.b.
Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...
Page 7 of 20
AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 8 of 20
AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 9 of 20
AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 10 of 20
AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 11 of 20
.m.un
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MATR
$210,000.00
52,000.00
4,000.00
500.00
7,000.00
500.00
4,000.00
2,400.00
1,000.00
1,000.00
300.00
$72,700.00
400,000.00 I
2,500.00 /
$402,500 00
Budget Worksheet Report
K 0DD1K ISLAND
322.190
322.200
322.230
Plumbing Permit
P E Z REVIEWFee
Dog Ucenses
Business -
Run by Don:Cross on 14:47:19 P
322.140 2:»:ng Compliance Pennlt
323.100 Tobacco ExciseTax
323.110 Marijuana Exdse Tax
Budget Year 2021
AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 12 of 20
335132
335.150
335.175
335.190
335.191
361.100
300.110
300.120
380.122
nae ormally State Revenue
5US|?E$TEX
Business Flsherles&Landing Tax
Telephone &Electlc
Marijuana Ucenses
PERSon Behatf Payment
PERS Focfelture
Interest Eamlngs
Jury Duty
Sale of Copies
Sale of Maps
MATR
$190,000.00
316,986.00
900,000.00
150,000.00
17,000.00
50000
155,541.00
1,000.00
$1,541,027.00
100,000.00
$100,000.00
200.00
500.00
1,200.00
Budget Worksheet Report
KODLAK ISLAND
335.110 State Community Naslsta (r
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Run by Dora Cross on 14:47:19 P
Budget Year 2021
Nationalwlldllfe Refug
Federal 5hara1
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AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 13 of 20
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$8,332,496.00
$8,832,496.00
$20,000.00
$5,000.00 /
$55,000.00
$75,000.00
$75,000.00
Budget Worksheet Report
Om.-.=rH/Ianang Sountas Totals
Department 000 -Fund Revenues Total
sREVENUETOTAL
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REVENUE
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KODQK ISLA ND
Run by Dora Cross on 14:47:19 P
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Department Totals000-Fund Revenues
REVENUE
Budget Year 2021
Masce//aneaus‘-
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Department
Sales
other ?manang Sources
AGENDA ITEM #2.b.Presentation On Investment Options For KIB And Maximum Allowable Tax Cap...Page 14 of 20
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KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 10, 2020
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Joint Costs of COVID-19.
ORIGINATOR: Michael Powers
RECOMMENDATION:
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
AGENDA ITEM #2.d.
Joint Costs of COVID-19.
Page 17 of 20
Preliminary Budget
As of August 24, 2020
City of Kodiak CARES Act Relief Fund 11,986,902.51$
First Payment (received on June 11, 2020)5,338,977.51$
Second Payment 3,323,962.50$
Third Payment 3,323,962.50$
(80% of 1st payment) = 4,271,182.01$
Scope of Work, Justification and Estimated Funds
Projected Total
Costs Amended
Projected Total
Amended Costs Expenditure Encumbered
Balance
Remaining Notes
50%30%
Medical 1,044,000.00$ 289,165.30$ 1,333,165.30$ 1,039,022.17$ 134,107.84$ 160,035.29$
1
Temporary medical facilities 100,000.00$ (92,500.00)$ 7,500.00$ -$ 7,500.00$ -$
Temporary use of Marian Center as a temporary shelter for period from
April 1, 2020 to August 31, 2020, and can be extended on a month-to-
month basis for $1,500 per month.3,750.00$ 2,250.00$
2
Testing tent & testing supplies 4,000.00$ 46,000.00$ 50,000.00$ 2,555.70$ 18,500.00$ 28,944.30$ Rental of 2 20' x 30' rain fly tents from Kodiak Lions Club @ $150 per
tent per week for 15 weeks as testing tents at the airport; purchase of 20'
x 50' replacement tent with shipping cost included 25,000.00$ 15,000.00$
3 Emergency supply storage building 900,000.00$ 200,000.00$ 1,100,000.00$ 1,031,219.96$ 68,780.04$
4 Building security 40,000.00$ 10,000.00$ 50,000.00$ -$ -$ 50,000.00$
5 Medical response expenses including emergency medical transports -$ 1,000.00$ 1,000.00$ 581.21$ -$ 418.79$ COVID-19 processing surcharge for medical transports by 3rd party
ambulance biller for April, May & June 500.00$ 300.00$
6
Field Hospital 2x -$ 120,000.00$ 120,000.00$ -$ 108,107.84$ 11,892.16$
Inflatable Surge Capacity Shelter, 24 ft x 40 ft x 11 ft, in the event that
there is an increase in confirmed cases needing medical treatment &
shelter 60,000.00$ 36,000.00$
7 Cadavar bags -$ 4,665.30$ 4,665.30$ 4,665.30$ -$ -$
Public Health 1,893,552.00$ 170,616.53$ 2,064,168.53$ 240,685.75$ 240,308.60$ 1,583,174.18$
8
EOC Operating Costs 45,141.00$ -$ 45,141.00$ 28,579.53$ -$ 16,561.47$
Meals for EOC and National Guard staff (Cost Savers, Henry's, Subway,
Walmart, Monk's Rock, Noodles, Kodiak Hana, Safeway, Java Flats,
Kings Diner) from March 13 to August 24; cable/internet & telephone
services; pump port units/cleaning port units/dumpsters at North Star,
East Elementary testing sites 22,570.50$ 13,542.30$
9 Communication of health mandates costs 17,497.00$ -$ 17,497.00$ 10,880.27$ -$ 6,616.73$ Banners; radio commercials on COVID-19 public health; bikes for
winners of the banners/social distancing contest 8,748.50$ 5,249.10$
10 PPE - personal protective equipment 241,914.00$ -$ 241,914.00$ 52,040.00$ -$ 189,874.00$ Materials donated to mask makers $2,419.39; Masks for free distribution
to community $31,350.00
11 Janitorial services for quarantined vessels & testing sites 25,000.00$ -$ 25,000.00$ 5,780.00$ -$ 19,220.00$
12 Disinfection of public areas or facilities 150,000.00$ (30,000.00)$ 120,000.00$ -$ 118,136.10$ 1,863.90$
13
Quarantine & isolation expenses -$ 18,300.00$ 18,300.00$ 3,680.00$ -$ 14,620.00$ Expenses for 2 rooms assigned for quarantine and isolation purposes @
$150 per night per room for August and September 9,150.00$ 5,490.00$
14 KPD HVAC System - for sanitary purposes ($400,000 - $700,000)700,000.00$ -$ 700,000.00$ -$ -$ 700,000.00$
15 KPD patrol vehicles 3x - eliminates the need to share fleet vehicles and
reduces the spread of contagious diseases 180,000.00$ -$ 180,000.00$ -$ 120,000.00$ 60,000.00$
16 Technical assistance - legal expenses 10,000.00$ 5,000.00$ 15,000.00$ 9,190.00$ 2,172.50$ 3,637.50$
17 Cleaning & supplies for all facilities 24,000.00$ -$ 24,000.00$ 3,219.42$ -$ 20,780.58$
18 Stryker gurney & auto loading system for ambulance -$ 127,316.53$ 127,316.53$ 127,316.53$ -$ -$
19 Vactor truck for cleaning wastewater and sanitization systems due to an
increase in disposal of used PPE including masks and cleaning wipes 500,000.00$ (400,000.00)$ 100,000.00$ -$ -$ 100,000.00$
20 Unitary public restrooms (The Portland Loo) 4x -$ 450,000.00$ 450,000.00$ -$ -$ 450,000.00$
Reporting Period from March 1 to August 21, 2020
CARES Act Preliminary Budget 08242020 - Mtg with KIB Page 1 AGENDA ITEM #2.d.Joint Costs of COVID-19.Page 18 of 20
Preliminary Budget
As of August 24, 2020
City of Kodiak CARES Act Relief Fund 11,986,902.51$
First Payment (received on June 11, 2020)5,338,977.51$
Second Payment 3,323,962.50$
Third Payment 3,323,962.50$
(80% of 1st payment) = 4,271,182.01$
Scope of Work, Justification and Estimated Funds
Projected Total
Costs Amended
Projected Total
Amended Costs Expenditure Encumbered
Balance
Remaining Notes
50%30%
Reporting Period from March 1 to August 21, 2020
Payroll 4,224,213.00$ 56,992.00$ 4,281,205.00$ 1,988,071.40$ -$ 2,293,133.60$
21 EOC Payroll Costs 437,859.00$ (20,508.00)$ 417,351.00$ 170,278.14$ -$ 247,072.86$
22 Payroll costs for first responders & ESC Director 3,783,854.00$ -$ 3,783,854.00$ 1,792,005.81$ -$ 1,991,848.19$
23 Payroll costs for disinfecting, cleaning public areas and facilities 2,500.00$ 27,500.00$ 30,000.00$ 10,586.34$ -$ 19,413.66$
24 Payroll costs for administrative support for front counter & CARES Act
expenditure tracking -$ 50,000.00$ 50,000.00$ 15,201.11$ -$ 34,798.89$
Compliance 404,593.84$ 352,343.54$ 756,937.38$ 263,787.08$ 33,532.31$ 459,617.99$
25 School district building use 100,000.00$ -$ 100,000.00$ 100,000.00$ -$ -$ Contribution to KIBSD for use of their facilities to set up EOC, testing
sites & alternate care facility 50,000.00$ 30,000.00$
26 Sick leave and paid family and medical leave 10,323.00$ 29,677.00$ 40,000.00$ 12,724.68$ -$ 27,275.32$
27
Mobile reader board signs 4x 40,000.00$ 50,000.00$ 90,000.00$ 39,871.88$ 50,128.12$
Purchased two full matrix display (28 pixels x 50 pixels) portable
changeable message signs from American Signal Company and will be
ordering two additional signs to promote COVID-19 public health 45,000.00$ 27,000.00$
28 - Laptops for remote work 15x 16,600.00$ (41.50)$ 16,558.50$ 16,558.50$ -$ -$
29 - Increase Citywide bandwidth, network & records management software
upgrades to accommodate work-from-home 19,200.00$ 30,800.00$ 50,000.00$ 3,048.49$ 46,951.51$
30 - Mobile software and laptops for KPD 101,638.00$ -$ 101,638.00$ 32,842.65$ 33,532.31$ 35,263.04$
31 - Ipads, mobile video conferencing application and agenda management
software for virtual Council meetings 7,000.00$ 14,836.66$ 21,836.66$ 21,836.66$ -$ -$
32 - Web camera and microphones for ESC broadcasts and Council
meetings 21,553.84$ 6,828.36$ 28,382.20$ 28,382.20$ -$ 0.00$
Web camera, software (Filmaker Pro for EOC PIO), server firewall
software, microphone & wireless microphone for ESC broadcasts
($4,578.10)14,191.10$ 8,514.66$
33 - Smart Board and accessories at the Fire Department 8,279.00$ 243.02$ 8,522.02$ 8,522.02$ -$ -$
34 Restroom facilities upgrade 40x 80,000.00$ -$ 80,000.00$ -$ -$ 80,000.00$
35 Web-based applications for HR and Sales Tax -$ 70,000.00$ 70,000.00$ -$ -$ 70,000.00$
36 Harbor surveillance cameras -$ 100,000.00$ 100,000.00$ -$ -$ 100,000.00$
37 Online/electronic payment capabilities for all citywide fees -$ 50,000.00$ 50,000.00$ -$ -$ 50,000.00$
CARES Act Preliminary Budget 08242020 - Mtg with KIB Page 2 AGENDA ITEM #2.d.Joint Costs of COVID-19.Page 19 of 20
Preliminary Budget
As of August 24, 2020
City of Kodiak CARES Act Relief Fund 11,986,902.51$
First Payment (received on June 11, 2020)5,338,977.51$
Second Payment 3,323,962.50$
Third Payment 3,323,962.50$
(80% of 1st payment) = 4,271,182.01$
Scope of Work, Justification and Estimated Funds
Projected Total
Costs Amended
Projected Total
Amended Costs Expenditure Encumbered
Balance
Remaining Notes
50%30%
Reporting Period from March 1 to August 21, 2020
Economic Support 3,033,222.00$ -$ 3,033,222.00$ 2,433,222.00$ -$ 600,000.00$
38 COK-KEDC Small Business Emergency Grants Program 3,000,000.00$ -$ 3,000,000.00$ 2,400,000.00$ -$ 600,000.00$
39 Economic support for Alaska Municipal League 33,222.00$ -$ 33,222.00$ 33,222.00$ -$ -$
Others 25,405.00$ 10,926.83$ 36,331.83$ 36,331.83$ -$ -$
40 Administrative costs for SBEG Program (KEDC)25,000.00$ -$ 25,000.00$ 25,000.00$ -$ -$
41 Communication costs for small business emergency grants program 405.00$ -$ 405.00$ 405.00$ -$ -$
42 Audit expenses for Single Audit related to CARES Act -$ 10,926.83$ 10,926.83$ 10,926.83$ -$ -$
TOTAL 10,624,985.84$ 880,044.20$ 11,505,030.04$ 6,001,120.23$ 407,948.75$ 5,095,961.06$ 238,910.10$ 143,346.06$
Contingency 481,872.47$
Note: Items highlighted in yellow to be discussed with KIB for cost sharing
CARES Act Preliminary Budget 08242020 - Mtg with KIB Page 3 AGENDA ITEM #2.d.Joint Costs of COVID-19.Page 20 of 20
WORK SESSION
Q.--X-b�
DATE
SCOTT ARNDT <ATTEN E
DUANE DVORAK tEN
JULIE KAVANAUGH�Eo
ANDY SCHROEDER.,' ATTENDED
REBECCA SKINNER
DENNIS SYMMONS ATTENDED
JAMES TURNER ATTE ED
c
MAYOR ROBERTS ATTE DED
ABSENT
ABSENT
ABSENT
ABSENT
ABSENT
ABSENT
ABSENT
ABSENT
KODIAK ISLAND BOROUGH
Meeting Type: Lhr1 WdYK Date: 'Zo
Please PRINT your name legibly Please PRINT our name legibly
44 (2u 40l'
I
09/10/20 Good evening everyone.
I am here to speak about the garbage contract.
I am speaking again about Alaska Waste knowingly overcharging their commercial customers. I received
my monthly bills over a week ago and again they overcharged me and charged me for things not allowed
in the contract.
Two months ago (before the start of the new contract) I notified Borough staff that we were going to
have a problem because Alaska Waste's new pricing wasn't consistent with the new contract. A month
ago I hand delivered a letter to the local Alaska Waste Office and Borough staff and the mayor and dpo
with my formal complaint. I also sent it certified mail to the Alaska Waste address. The contract says
that Alaska Waste has 30 days to respond to a complaint by a customer of incorrect charging on a bill.
As of today I have not heard from Alaska Waste. Their lack of response to my complaint is actually a
violation of their contract as well. I have no choice but to pay my bill or get turned over to collection so
I continue to pay my bills. Every commercial customer in town is being overcharged they just aren't
aware of it. My intentions are to go ahead and begin notifying the commercial customers and the
multifamily dwelling customers of the problem and encourage them to file complaints as well. Also it
would appear that for Alaska Waste to take my complaint seriously that I will need to involve an
attorney. I hate resorting to using an attorney but honestly sometimes it is the only way to get the
attention of large businesses.
As a reminder.
1. They are not allowed to charge monthly for a locking mechanism.
(this one makes me the most angry because it so clearly states twice in the contract that they
are not allowed to charge a monthly fee for it.) I realize it is only 14 dollars but ....
2. They are not allowed to charge dumpster rental..
the contract clearly states that no charges can be made that are not listed in the contract. There
is no rental fee allowed for in the contract. The two under bidders understood this. If you add
the rental fees to Alaska Waste's dumpster rates that adds almost a million dollars to the
contract over the assumed 10 years of the contract. This is all pure profit to the company.
Additionally since last time I was here Alaska Waste has started contacting multifamily dwelling
owners and saying they have to have a dumpster or one roll cart per unit. People don't know to
challenge it so they are accepting it despite the fact that it is not required in the contract. My
sister owns a 4 plex that has historically shared a dumpster with the 4 plex next to hers.
Borough code says she will have her own garbage service which is fine but it doesn't say she has
to have a dumpster or 4 roll carts. If she can prove that 2 roll carts are adequate the code
allows for this.
Alaska Waste has been notified multiple times and yet continues to charge for things not
allowed in the contract. They need to understand this is a new contract. What was done
before is entirely irrelevant.
Let me read from the contract.
21.04 New Contract. This Contract is a new obligation between the Parties and is a novation,
substitution and replacement for any present or prior contracts or agreements between the
Parties ...
Additionally their failure to respond and address my challenges of their pricing is a default of the
contract and in the contract listed specifically as a failure to comply with Applicable Law.
Section 15.02 a 7
Charging in Excess of the Amounts Listed in Contractor Service Fee Schedule. Contractor charges any
Customer more than the scheduled Customer Special Service Surcharge listed in the service schedule
and does not reimburse the excess within thirty days of Contractors discovery, KIB notice or Customer
request. Is a default
Because I am not a party to the contract my only option (and all the other customers) will be to take the
issue to court. In the contract it does allow the Borough to give notice of Intent to Assess Liquidated
Damages.
I am requesting that the Kodiak island Borough manage this contract and issue a letter of intent to
assess liquidated damages for Alaska Waste's refusal to charge what the contract says they will charge.
Please notice I am at a work session so it is not on the public record. In the future I will be attending the
regular meeting to make comment to begin building a public record.
Respectfully
Daniel Rohrer
"Cigarette" means a roll for smoking of any size or shape, made wholly or partly of tobacco, whether the
tobacco is flavored, adulterated, or mixed with another ingredient, if the wrapper or cover of the roll is
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b. A cheroot;
c. A stogie;
d. A perique;
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f. Smoking tobacco, including granulated, plug -cut, crimp -cut and ready -rubbed tobacco, and any form
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or
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or
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