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2026-02-05 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, February 5, 2026, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Please call (907) 486-3231 or (855) 492-9202 for citizens comments and public hearing. Any public documents related to the agenda that are received and shared with elected officials after the initial agenda has been released will be included in the Supplemental Materials section below. The deadline for releasing supplemental materials is noon on the day of the meeting. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes Of January 22, 2026 5-9 20260122 RM Minutes 7. CITIZENS' COMMENTS Please call 1(907) 486-3231 or toll free 1(855) 492-9202. Comments on any topic other than scheduled public hearing items. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 0 of 199 11 12 13 14 Please call 1(907) 486-3231 or toll free 1(855) 492-9202. A. Ordinance No. FY2026-15, Amending Various Sections Of 10 - 28 Kodiak Island Borough Code Title 17 Zoning, Related To Short - Term Rental Definitions, Zoning, And Permitting Requirements Agenda Item Report - Pdf B. Ordinance No. FY2026-17, Amending Various Sections In Title 2 29 - 37 Administration And Personnel, Title 4 Service Areas, And Title 7 Elections To Prohibit Holding Multiple Elected Offices Agenda Item Report - Pdf C. Ordinance No. FY2026-18, Amending Title 8 Health And Safety 38 - 99 Chapter 8.25 Solid Waste Collection And Disposal Agenda Item Report - Pdf BOROUGH MANAGER'S REPORT A 2026-02-05 Borough Manager's Report 100 - 109 MESSAGES FROM THE BOROUGH MAYOR CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS 1. Resolution No. FY2023-03F, A Resolution Of The 110 - 116 Assembly Of The Kodiak Island Borough Amending Various Sections Of The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Assessing, Borough Fire Departments, Community Development, Engineering And Facilities, Finance, Information Technology, And Resource Management Series Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 1. Authorization For The Borough Manager To Reimburse 117 - 145 Providence Kodiak Island Medical Center For The Chiller 95% Design In The Amount Of $67,120.12 Agenda Item Report - Pdf 2. Authorization For The Borough Manager To Reimburse 146 - 162 Page 1 of 199 Providence Kodiak Island Medical Center For The Chiller 100% Design And Construction Documents In The Amount Of $25,305 Agenda Item Report - Pdf 3. Assembly Review Of The State Of Alaska Alcohol And 163 - 174 Marijuana Control Office, Beverage Dispensary License Renewal Application For Bernie's Bar, LLC Doing Business As Bernie's Bar (License #4346) Agenda Item Report - Pdf 4. Confirmation Of Mayoral Appointment To The Planning 175 - 181 And Zoning Commission City Seat Of Mr. Joseph Delgado Agenda Item Report - Pdf 5. Confirmation Of Mayoral Appointments Of City And 182 - 183 Borough Representatives From The Planning And Zoning Commission To The Borough Lands Committee (Ms. Tracy Craig and Ms. Sara Fraser) Agenda Item Report - Pdf 6. Confirmation Of The Mayoral Appointment To The Solid 184 - 187 Waste Advisory Board Of Ms. Joy Erlenbach Agenda Item Report - Pdf 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. EXECUTIVE SESSION A. Discussion Of Pending Litigation With Kodiak Area Native 188 Association (KANA), Case No. 3KO-21-00057C1 Agenda Item Report - Pdf 18. ADJOURNMENT A. Kodiak Island Borough Boards and Committees Meeting Minutes 189 - 192 Kodiak Island Borough Boards and Committees Meeting Minutes B. Meeting Materials 20. SUPPLEMENTAL MATERIALS W6X1ML616-1 Page 2 of 199 This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public hearing and citizens comments, please call (907) 486-3231 or (855) 492-9202. Page 3 of 199 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 22, 2026 A regular meeting of the Kodiak Island Borough Assembly was held on January 22, 2026, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Seema Garoutte, Community Development Director Chris French, Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. INVOCATION Captain David Shatto of the Salvation Army gave the invocation. 2. PLEDGE OF ALLEGIANCE Mayor Griffin led the pledge of allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Jared Griffin, Assembly Members Steve Ames, Jeremiah Gardner, Dave Johnson, Caroline Roberts, Scott Smiley, Bo Whiteside, and Jeffery Woods. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ROBERTS moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. December 18, 2025, Regular Meeting Minutes 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Captain David Shatto of the Salvation Army • Brenda Schwantes • Michael Bach • Nate Rose 8. AWARDS AND PRESENTATIONS A. Award Presentation For The Employee Of The Quarter Administrative Official Seema Garoutte presented the Employee of the Quarter award to Cody Paschal, Lead Appraiser, in the Assessing Department. Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2026 Page 1 of 5 Regular Meeting Minutes Of January 22, 2026 Page 5 of 198 AGENDA ITEM #6.A. 9. COMMITTEE REPORTS • Assembly Member Smiley reported on the recently held Solid Waste Contract Committee meeting and provided a brief update on code changes related to the new solid waste contract. • Assembly Member Whiteside expanded on the Solid Waste Contract Committee meeting and shared that the Alaska Department of Fish and Game, Division of Wildlife, was invited to give a presentation on bear awareness and maintenance of bear resistant roll carts. • Assembly Member Roberts reported on the Kodiak College Advisory Council meeting held at the beginning of January and noted that the council is still recruiting new members. 10. PUBLIC HEARING A. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Winery Retail License (WRL) Application For Friends By The Ocean, LLC DBA Friends By The Ocean ROBERTS moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) new WRL application for Friends by the Ocean located at 38057 Chiniak Highway and direct the Clerk to notify AMCO of this decision. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Gardner, Johnson, Roberts, Smiley, Whiteside, and Woods. B. Ordinance No. FY2026-16, Amending Kodiak Island Borough Code Chapter 5.01 Regarding Liquor Licenses To Clarify The Methods And Basis For Borough Protests For Issuance Of A New License, Renewal Of An Existing License, Transfer Of An Existing License, And Review Of The Continued Operation Of A License ROBERTS moved to adopt Ordinance No. FY2026-16. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Gardner, Johnson, Roberts, Smiley, Whiteside, Woods, and Ames. 11. BOROUGH MANAGER'S REPORT Administrative Official Seema Garoutte read Borough Manager Aimee Williams manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Jared Griffin provided a report, and it was included in the meeting packet. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2026 Page 2 of 5 Regular Meeting Minutes Of January 22, 2026 Page 6 of 198 AGENDA ITEM #6.A. A. Contract No. FY2026-25, Landfill Scale Shack Platform Project With CCI Industrial Services, LLC Clerk's Note: The motion to "Move to authorize the Borough Manager to execute Contract No. FY2026-25 for the Landfill Scale Shack Platform Replacement with CCI Industrial Services, LLC." was on the floor. ROLL CALL VOTE ON THE MOTION FAILED FIVE TO TWO: Gardner Johnson, Roberts, Whiteside, and Woods (NOES); Ames and Smiley (AYES). 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-43B, Extending The Employment Contract Between The Kodiak Island Borough Assembly And Aimee Williams, Borough Manager, For A Period Of One Year ROBERTS moved to approve Contract No. FY2023-4313, extension of the employment contract between the Kodiak Island Borough Assembly and Aimee Williams, Borough Manager, for a period of one year. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Roberts, Smiley, Whiteside, Woods, Ames, Gardner, and Johnson. 14.B. RESOLUTIONS 1. Resolution No. FY2026-11, Adopting An Alternative Allocation Method For The FY26 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In Fisheries Management Area (FMA) 13: Kodiak Area ROBERTS moved to adopt Resolution No. FY2026-11. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Whiteside, Woods, Ames, Gardner, Johnson, and Roberts. 2. Resolution No. FY2026-12, Adopting A State Legislative Capital Improvement Projects Priority List For The 2026 Legislative Session ROBERTS moved to adopt Resolution No. FY2026-12 version 2. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Woods, Ames, Gardner, Johnson, Roberts, and Smiley. 3. Resolution No. FY2026-13, Identifying Federal Project And Program Priorities For Federal Fiscal Years 2026 And 2027 Kodiak Island Borough Assembly Regular Meeting Minutes January 22, 2026 Page 3 of 5 Regular Meeting Minutes Of January 22, 2026 Page 7 of 198 AGENDA ITEM #6.A. ROBERTS moved to adopt Resolution No. FY2026-13 version 2. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Woods, Ames, Gardner, Johnson, Roberts, Smiley, and Whiteside. 14.C. ORDINANCES FOR INTRODUCTION Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Short -Term Rental Definitions, Zoning, And Permitting Requirements ROBERTS moved to advance Ordinance No. FY2026-15 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Gardner, Johnson, Roberts, Smiley, Whiteside, and Woods. 2. Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administration And Personnel, Title 4 Service Areas, And Title 7 Elections To Prohibit Holding Multiple Elected Offices ROBERTS moved to advance Ordinance No. FY2026-17 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Johnson, Roberts, Whiteside, Woods, and Ames (AYES); Smiley and Gardner (NOES). 3. Ordinance No. FY2026-18 Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal ROBERTS moved to advance Ordinance No. FY2026-18 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, Roberts, Smiley, Whiteside, Woods, Ames, and Gardner. 14.D. OTHER ITEMS 1 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office (AMCO) New Hotel/Motel Beverage Dispensary Tourism Endorsement Application For Island Hotels, LLC, DBA Chartroom ROBERTS moved to voice non -protest to the State Of Alaska Alcohol and Marijuana Control Office (AMCO) New Hotel/Motel Beverage Dispensary Tourism Endorsement Application for Island Hotels, LLC, DBA Chartroom located at 236 W Rezanof Drive and directed the Clerk to notify AMCO of this decision. Kodiak Island Borough January 22, 2026 Assembly Regular Meeting Minutes Page 4 of 5 Regular Meeting Minutes Of January 22, 2026 Page 8 of 198 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Roberts, Smiley, Whiteside, Woods, Ames, Gardner, and Johnson. 15. CITIZENS' COMMENTS Brenda Schwantes spoke under citizens' comments. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Woods congratulated Deputy Clerk Lina Cruz on earning her Master Municipal Clerk's (MMC) certification. • Assembly Member Roberts echoed Assembly Member Woods' congratulatory remarks. • Assembly Member Whiteside congratulated Deputy Clerk Lina Cruz on her hard work in earning her MMC and thanked Nova M. Javier for her leadership and assistance in helping her achieve this accomplishment. He also wished Assembly Member Smiley a happy birthday. • Assembly Member Ames echoed congratulations to Deputy Clerk Lina Cruz. He also thanked the Planning and Zoning Commission and all Borough staff who worked on contract proposals, recognizing the time and energy spent. • Assembly Member Smiley shared that reaching the age of 80 is an earmark year. • Assembly Member Johnson reiterated congratulations to Deputy Clerk Lina Cruz and to Cody Paschal, Lead Appraiser in the Assessing Department, for the well - deserved Employee of the Quarter award and recognition. He thanked staff for the work that went into preparing the meeting packet materials and thanked the Clerk's Office for promptly providing information regarding the Consolidation Committee, noting that he looked forward to reviewing it. He also spoke regarding the discussion of Borough processes and areas where improvements could be made. Assembly Member Gardner congratulated Deputy Clerk Lina Cruz and wished Assembly Member Smiley a happy birthday. He also thanked Borough staff and shared his appreciation for their hard work. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 8:40 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Jared Griffin, Borough Mayor Kodiak Island Borough January 22, 2026 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Regular Meeting Minutes Of January 22, 2026 Page 9 of 198 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Short -Term Rental Definitions, Zoning, And Permitting Requirements ORIGINATOR: Chris French, CDD Director RECOMMENDATION: Move to adopt Ordinance No. FY2026-15. DISCUSSION: The Kodiak Island Borough Planning & Zoning Commission held a public hearing on this code amendment on November 19, 2025. The Commission voted unanimously with a vote of 7 to 0 with no members absent to recommend approval of this code amendment to the Assembly. The approved resolution from the Commission is attached to this agenda item. Based on current issues with short-term rental related definitions and uses; this propose code amendment was developed. The proposed code amendment corrects these issues while providing for distinct short-term rental uses based on current code allowances while providing additional guidance to staff and to ensure that zoning compliance permits require documentation that new short term rental uses are registered for transient accommodation tax (bed tax). In addition, these amendments to code facilitate potential future borough code amendments that could be approved to further regulate short-term rental uses. These amendments minimize nonconforming rights issues. The code amendment revises current definitions that correct gaps in regulation and provide for definitions that are modern and work to ensure compliance with other borough regulations such as the transient accommodation tax (bed tax). Section 17.15.120 is proposed to be amended to change the title of this section from Bed and breakfast, lodges, motels, hotels, and vacation homes to Short-term rental zoning compliance, which addresses the need for all new short-term rental uses to have a zoning compliance permit to initiate the use. A short-term rental use is any use that allows for rentals of less than 30 consecutive days. The importance of this section is twofold; first it ensures compliance with zoning requirements for these uses and two, it ensures that these uses are registered for the transient accommodation tax. The next set of code amendments are revisions to the definitions. The bed and breakfast definition was amended to remove the requirement to serve meals, which is consistent with State of Alaska regulations. The definition for bed and breakfast also confirms that this use can be used for short-term or long-term rental. The Boardinghouse definition was deleted and is proposed to be replaced with the hostel definition, which is more consistent with the actual use and like with bed and breakfast this Kodiak Island Borough Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 10 of 198 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING use can be short-term or long-term rental. Both bed and breakfast and hostel are limited to five rooms. In addition, the hostel definition is limited to no more than 15 people based on the sleeping room definition. The dwelling unit definition was revised to bring this definition in line with the dwelling unit definition from the building code. In addition, the guest room definition was revised to include all uses in which this definition is included. Staff included a revision to allow more people per guest room based on the commercial building code since hotels fall under the commercial code. Sleeping room definition was added since this term was used in the current boardinghouse definition and in the proposed hostel definition that replaces it. This term is only used in the hostel use definition. The current code has an allowance in the dwelling unit definition that permits for up to two people to rent a room. However, this allowance is not listed as a separate use and therefore does not require a zoning compliance permit and therefore does not include a check to make sure that the use has registered for transient accommodation tax. This code amendment creates the homestay use which allows a dwelling unit to rent to up to two people. In addition, the addition of this use requires a zoning compliance permit to initiate and in turn requires that the use be registered for the transient accommodation tax for short-term rentals. The hotel definition was amended to include the motel use and affirm that the use can be used for both short-term and long-term rental. The motel definition was deleted because that use is outdated, and the hotel definition can include both terms. The hotel definition is the rental of 6 or more rooms and can include many different types of rentals, such as short-term rental of efficiency units to larger hostel type uses. The lodge definition was slightly amended to make it clear that this use can be used for both short-term and long-term rental. Definitions are included for both short-term rental and long-term rental. Single Room Occupancy use was slightly revised to confirm that this use can be used for short-term and long-term rental. Vacation home definition was revised to note that this use can be in either a single-family home or in a two-family dwelling. This use is only for short-term rental since a long-term rental is considered just a dwelling unit. Vacation rental use and definition was included to address short-term rental of multiple family dwellings. The next set of amendments for the Conservation District, the RR2 District, the RR District, the RR1 District, R1 District, the R2 District, R3 District, Business District, RNC District, UNC District, and the RB District address the changes in definitions. The R1 District is currently the only district that requires a conditional use permit for a short-term rental, in this case the use is a vacation home use. This amendment does not change that current requirement. The last set of amendments to the regulations is to the parking requirements to ensure all of these defined uses are listed within the parking requirements. ALTERNATIVES: Kodiak Island Borough Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 11 of 198 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING FISCAL IMPACT: OTHER INFORMATION: The Borough Attorney reviewed this code amendment ordinance. Kodiak Island Borough Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 12 of 198 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-15 A ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO SHORT-TERM RENTAL DEFINITIONS, ZONING, AND PERMITTING REQUIREMENTS WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to AS Chapter 29.40; and WHEREAS, the borough adopted, by ordinance, a comprehensive plan identified in KIBC 17.10.030, most recently amended by Ordinance FY2020-06 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances (KIBC) is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Community Development Department staff working with the Planning & Zoning Commission has been reviewing KIBC Title 17 definitions for short-term rental -related uses; and WHEREAS, the Planning & Zoning Commission has determined that existing definitions within KIBC Chapter 17.25 are insufficient to address existing short-term rental -related uses within the borough; and WHEREAS, the proposed amendments to Title 17 address the shortcomings of the current definitions, clarifying where these uses are permitted, and including all short-term rental uses in current zoning compliance permit requirements; and WHEREAS, the Planning and Zoning Commission directed staff to develop the code amendment and bring the code amendment to a public hearing; and WHEREAS, a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Assembly after reviewing the recommendation of the Commission and its findings concurs that this amendment is in conformance with the 2008 comprehensive plan, is consistent with best planning practices, and is a necessary amendment for the public welfare of the community. Ordinance No. FY2026-15 Page 1 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 13 of 198 AGENDA ITEM #10.A. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Assembly finds that the amendments to the Kodiak Island borough Code set out in this ordinance: a. The amendments supported by a public necessity to address deficiencies in Title 17 related to short-term rental -related definitions. b. The amendments serve the general welfare of the community because they address existing uses in the community that are not specifically addressed within the zoning regulations. c. Based on research of other jurisdictions in Alaska and the American Planning Association, the amendments conform to best planning practices. d. The amendments are in general conformance with the goals and objectives of the 2008 comprehensive plan. Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 17.15.120 aert and breakfasts, ledges, motels, he+ellc end wanatonn hnmesShort-Term Rental Zonina Compliance. Prior to the -beginning a use of property for purposes of a bed and breal short-term rental !!se,' , metel, h^+^' aGati^^ hame, a copy of the certificate of registration for the transient accommodation tax (KIBC 3.55.080) or, if applicable, the certificate of exemption from that tax (KIBC 3.55.060), must be submitted to the community development department as part of the zoning compliance permit application. UPOR resei^+tee-sertific-et^ of registration ^ of a ew,.,+ie e.+ifi..-_+e ..f g (Chapter 17.185 KIBC) shall he io e,+A zoning compliance permit must be approved prior to operating the short-term rental use. A zoning compliance permit for a short-term rental use does not preclude the long-term rental of a dwelling unit, questroom, or sleeping room. Rental of a questroom or sleeping room, and not a full dwelling unit is regulated by the type of short-term rental use. 17.25.030 B definitions. "Bed and breakfast (B&B)" means overnight accommodations and amay include a morning meal in a dwelling unit provided +^iv transieRtS for compensation. The operator of the B&B Must resides on the premises and the maximum number of rooms that can be rented out is five. A B&B may used as a short-term rental or a long-term rental. in addi+ie., +e the off street paFki.,^ requirements ef KI-BG 17.175.040 fn-r -A single family dwelling, a B&B with up te twe guest reems must previde A -Re ad-d-itie-Ral parkiRg spaGe; a B&B with three te feur guest reems Must pFevide twe additional parking SpaGes; and a B&B with five guest rooms must provide three additional rkiR SpaGes-. Ordinance No. FY2026-15 Page 2 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 14 of 198 AGENDA ITEM #10.A. 89 "Board 0 Rghouse" means a building other thaR a hetel with not mere than five slee 90 where lodging, with or without meals, as provided fE)F GOMpeRsatiOR for three er mere peFsens, bu 91 92 guests. 93 .. 94 17.25.050 D definitions. 95 .. 96 "Dwelling unit" means a single residential unit with one or more rooms providing complete 97 independent living facilities and ^ siRgle ki},+her, ;n a , welliRg designed a a Ri+ for occupancy 98 by not more than one family fee ',,,,, g ^ sleeping purpeses, Rd i uhinh Ret r ^ +h.,.. bhfe 99 persons are 'edged for hire, including permanent provisions for living, sleeping, eating, 100 cooking, and sanitation where accessed independently from any other dwelling unit. 101 102 17.25.080 G definitions. 103 .. 104 "Guest room" means any room in a bed and breakfast, homestay, hotel, or lodge derm►teFy, , 105 berg ease, bed and bFeal(fast r ledgin^ heuse used and maintained to provide sleeping 106 accommodations for not more than two persons. Each 100 square feet or fraction thereof of floor 107 area used for sleeping purposes shall be considered to be a separate guest room in a large 108 common area sleeping arrangement. Hotel quest rooms are exempt from the two person 109 limit, but are sublect to other applicable occupancy limits such as the building code. 110 111 17.25.090 H definitions. 112 .. 113 "Homestay" means the rental of no more than 2 questrooms, but not exceeding 2 quests, 114 in an owner -occupied dwelling unit, while the owner is occupying the same dwelling unit 115 for the entire rental period. A homestav may be used as a short-term rental or a long-term 116 rental. 117 .. 118 "Hostel" means a rental of sleeping rooms within a dwelling unit, not to exceed 5 sleeping 119 rooms. A hostel may be used as a short-term rental or a long-term rental. 120 121 "Hotel' means any building or group of buildings in which there are six or more guest rooms used, 122 designed, or intended to be used for the purpose of offering to the general public food, lodging, 123 or both, OR a day to day basisfor compensation. This definition includes the term motel. A 124 hotel may be used as a short-term rental or a long-term rental. 125 126 17.25.130 L definitions. 127 .. 128 "Lodge" means a building or group of buildings containing both rooms and dwelling units available 129 for temporary rental town individuals or families. The types of activities supported by a 130 lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and 131 passive recreational activities. A lodge may be used as a short-term rental or a long-term 132 rental. Ordinance No. FY2026-15 Page 3 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 15 of 198 AGENDA ITEM #10.A. 133 134 "Long-term rental" means a residential dwelling unit(s) or a short-term rental use that is 135 leased for compensation, to a single person or group (more than one person) for a period 136 of 30 consecutive days or more. 137 .. 138 17.25.140 M definitions. 139 .. 140 141 MGF8 iRdividual dwelliRg units andler guest Feems, designed for or used temperaFily by automobile 142 teurnsts r tFaRsients 143 144 17.25.200 S definitions. 145 .. 146 "Short-term rental (STRY' means a residential dwelling unit(s) or part of a unit that is rented 147 for compensation, to a single person or group (more than one person) for a period of less 148 than 30 consecutive days. Short-term rental uses include: bed and breakfast, homestay, 149 hostel, hotel, lodge, single resident occupancy, vacation home, and vacation rental. 150 .. 151 152 Single Resident Occupancy. A "single resident occupancy" or "single room occupancy (SRO)" is 153 a housing type consisting of one room with or without cooking facilities and with private or shared 154 bathroom facilities. An "SRO" is also a commercial building similar in use and function to a hotel 155 or apartment building (e.g., multiple -family dwelling) composed of 11 or more studio apartments 156 or rooming units that are available for rent for periods of seven days or more. A single resident 157 occupancy may be used as a short-term rental or a long-term rental. 158 159 .. 160 "Sleeping rooms" means a room or space where provisions for sleeping accommodations 161 are provided for no more than three people, and may or may not include provisions for 162 sanitation. Each 100 square feet or fraction thereof of floor area used for sleeping purposes 163 shall be considered to be a separate sleeping room in a large common area sleeping 164 arrangement. 165 .. 166 167 17.25.230 V definitions. 168 169 "Vacation home" means a ene-family dwelling unit located within either a one -family dwelling 170 or a two-family dwelling that is rented as a short-term rentalor leased entirety forpe 171 net to eXGeed 30 days On length. 172 173 "Vacation rental" means a dwelling unit located within a multiple -family dwelling that is 174 rented as a short-term rental. 175 176 17.50.020 Permitted principal uses and structures (C District). Ordinance No. FY2026-15 Page 4 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 16 of 198 AGENDA ITEM #10.A. 177 .. 178 J. Bed and breakfastsHomestay, vacation home, and bed and breakfast; 179 180 K. VaGa#ieR hemes; 181 182 LK. Hoop houses; 183 184 ML. Marijuana cultivation, limited; and 185 186 NM. Marijuana cultivation, standard (lots equal to or greater than five acres). 187 188 17.60.020 Permitted uses (RR2 District). 189 .. 190 H. Single-family dwellings; 191 192 I. "^^atmeR he.m.e Homestay, vacation home, and bed and breakfast; and 193 194 i. Bed and breakfast; 195 196 KJ. Hoop houses; and 197 198 LK. Assisted living homes. 199 200 17.65.020 Permitted principal uses and structures (RR District). 201 202 A. Single-family dwellings; 203 204 B. V Gatmen home Homestay, vacation home, and bed and breakfast; 205 206 G. Red and breakfasts; 207 208 BC. Hoop houses; 209 210 €D. Agricultural buildings and activities; and 211 212 F E. Assisted living homes. 213 214 17.70.020 Permitted uses (RR1 District). 215 .. 216 H. Home occupations; 217 218 I. VaGatiGR hemesHomestay, vacation home, and bed and breakfast; 219 220 d. Bed and breal4asts; Ordinance No. FY2026-15 Page 5 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 17 of 198 AGENDA ITEM #10.A. 221 222 KJ. Recreational cabins; 223 224 LK. Hoop houses; 225 226 ML. Accessory dwelling units (ADUs) (attached); and 227 228 NM. Assisted living homes. 229 230 17.75.020 Permitted uses (R1 District). 231 .. 232 J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet); and 233 234 K. Homestav; and 235 236 KL. Assisted living homes. 237 238 17.75.030 Conditional uses (R1 District). 239 .. 240 B. Schools; 241 242 C. Bed and breakfasts; 243 244 D. Vacation homes; 245 .. 246 247 17.80.020 Permitted uses (R2 District). 248 .. 249 M. Homestav and Wacation homes; 250 251 N. Bed and Breakfasts; 252 .. 253 254 17.85.020 Permitted uses (R3 District). 255 .. 256 C. Homestav and hostel; 257 .. 258 0. Vacation homes and vacation rental; 259 260 P. Bed and breakfasts; 261 .. 262 17.90.020 Permitted uses (B District). 263 .. 264 S. MotelsHomestay, vacation home, vacation rental, hostel, and bed and breakfast; Ordinance No. FY2026-15 Page 6 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 18 of 198 AGENDA ITEM #10.A. 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 17.95.020 Permitted principal uses and structures (RNC District). C. Red d hreakfo t /rnete!s ��,=,a ,�,�a,�.�,szs,,,,��.�Homestay; M. Vacation homes; N. Bed and breakfasts; 0. AA PIs.Hotels; and 17.100.020 Permitted principal uses and structures (UNC District). A. Bea heFses, bBed and breakfasts, homestay, hostel, vacation home, and vacation rental; 17.110.020 Permitted principal uses and structures (RB District). B. Beard 'Rgheuse Homestay, hostel, vacation home, vacation rental, bed and breakfast, and hotels a� Retels; 17.175.040 Off-street parking — Number of spaces required. Table 1. Permitted Uses Required Off -Street Parking Spaces Bed and breakfasts In addition to the off-street parking requirements of KIBC 17.175.040 for a single- family dwelling, up to 2 guest rooms must provide 1 additional parking space; with 3 to 4 guest rooms must provide 2 additional parking spaces; and a bed and breakfast with 5 guest rooms must provide 3 additional parking spaces Motels or board Hostel 1 per guest roorn r dwelling unit room Homestay or vacation home Same as a one -family dwelling or two- family dwelling (Dependent on the number of units within the building) Ordinance No. FY2026-15 Page 7 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 19 of 198 AGENDA ITEM #10.A. Vacation rental Same as a multiple -family dwelling (Dependent on the number of units within the building) 291 292 293 Effective Date: This ordinance takes effect upon adoption. 294 295 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 296 THIS DAY OF , 2025 297 298 KODIAK ISLAND BOROUGH ATTEST: 299 300 301 302 Jared Griffin, Borough Mayor Nova M. Javier, MMC, Borough Clerk 303 304 Introduced by: Planning and Zoning Commission 305 First reading: 306 Second reading/public hearing: 307 308 VOTES: 309 Ayes: 310 Noes: Ordinance No. FY2026-15 Page 8 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 20 of 198 AGENDA ITEM #10.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2026-10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO VARIOUS SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING, RELATED TO SHORT-TERM RENTAL DEFINITIONS, ZONING, AND PERMITTING REQUIREMENTS TO THE BOROUGH ASSEMBLY WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area -wide basis pursuant to A.S. Chapter 29.40; and WHEREAS, the borough adopted, by ordinance, a comprehensive plan identified in KIBC 17.10.030, most recently amended by Ordinance FY2020-06 (the 2008 Comprehensive Plan); and WHEREAS, Title 17 of the Kodiak Island Borough Code of Ordinances is the land use regulation for the borough; and WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Community Development Department staff working with the Planning & Zoning Commission has been reviewing KIBC Title 17 definitions for short-term rental -related uses; and WHEREAS, the Planning & Zoning Commission has determined that existing definitions within KIBC Chapter 17.25 are insufficient to address existing short-term rental -related uses within the borough; and WHEREAS, the Planning and Zoning Commission directed staff to develop the code amendment and bring the code amendment to a public hearing; and WHEREAS, the Planning & Zoning Commission finds that a 2008 comprehensive plan goal states "continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures."; and WHEREAS, the Planning & Zoning Commission finds that the proposed amendments are supported by a public necessity to address deficiencies in Title 17 related to short-term rental - related definitions; and Planning & Zoning Commission Resolution No. FY2026-10 Page 1 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 21 of 198 AGENDA ITEM #10.A. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 WHEREAS, the Planning & Zoning Commission finds that the amendments serve the general welfare of the community because they address existing uses in the community that are not specifically addressed within the zoning regulations; and WHEREAS, the Planning & Zoning Commission finds that based on research of other jurisdictions in Alaska and the American Planning Association, the amendments conform to best planning practices; and WHEREAS, the Planning & Zoning that the proposed amendments are in general conformance with the goals and objectives of the 2008 comprehensive plan; and WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Commission considered the merits of the code amendment on November 19, 2025, and recommends approval of the code amendment to Title 17 based upon findings, satisfying the requirements for Commission review in KIBC Chapter 17.205 before sending the proposed code amendment to the Assembly for consideration. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FINDINGS, IT IS RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH AS FOLLOWS: Section 1: The Kodiak Island Borough Planning and Zoning Commission hereby recommends approval of the code amendment as listed in section 3 of this resolution to the Borough Assembly for consideration. Section 2: The Planning & Zoning Commission finds that the proposed code amendment conforms to the following findings: a. The amendments supported by a public necessity to address deficiencies in Title 17 related to short-term rental -related definitions. b. The amendments serve the general welfare of the community because they address existing uses in the community that are not specifically addressed within the zoning regulations. c. Based on research of other jurisdictions in Alaska and the American Planning Association, the amendments conform to best planning practices. d. The amendments are in general conformance with the goals and objectives of the 2008 comprehensive plan. Section 3: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended as follows: 17.15.120 Beal and breakfasts lodges, motels, hotels and . tion homesShort-Term Rental Zoning Compliance. Planning & Zoning Commission Resolution No. FY2026-10 Page 2 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 22 of 198 AGENDA ITEM #1O.A. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Prior to tt�e_-beginning a use of property for purposes of a bed- ^nd- h-^ashort-term rental use, metel, hotel ^r ^^^fi^^ heme, a copy of the certificate of registration for the transient accommodation tax (KIBC 3.55.080) or, if applicable, the certificate of exemption from that tax (KIBC 3.55.060), must be submitted to the community development department as part of the zoning compliance permit application. IImnn reneipt ef the Gertiff..Af^ of r^^,G+r^tieR ^ . A zoning compliance permit must be approved prior to operating the short-term rental use. A zoning compliance permit for a short-term rental use does not preclude the long-term rental of a dwelling unit,guestroom, or sleeping room. Rental of a questroom or sleeping room, and not a full dwelling unit is regulated by the type of short-term rental use. 17.25.030 B definitions. "Bed and breakfast (B&B)" means overnight accommodations and amay include a morning meal in a dwelling unit provided to t; ans'em+s for compensation. The operator of the B&B must resides on the premises and the maximum number of rooms that can be rented out is five. A B&B may used as a short-term rental or a long-term rental. IR addition te the off street paFkiRg requirements ef Kl_RG 17.175.0-40 fe-1: -A single family dwelliRg, a B&B with up te twe guest reem must provide E)Re additiGRal parking spaGe; a B&B with three te feur guest r00R`1s MUSt pmvide t;.AVQ_ parkiRg spaGes; and a B&B with five guest reems mi, t previde three AddotmAAAl 17.25.050 D definitions. "Dwelling unit" means a single residential unit with one or more rooms providing complete independent living facilities .^r' ^ cinnin'ei+^h^^ ^ ^ dAvelli^^ desigRed as n't for occupancy by not more than one family Rd i .,hi^h REA , ^ than fie,^ peFSGRs ~^ ledged feF hi~^, including permanent provisions for living, sleeping, eating, cooking, and sanitation where accessed independently from any other dwelling unit. 17.25.080 G definitions. "Guest room" means any room in a bed and breakfast, homestay, hotel, or lodge may, breakfast, en 4edgieg house used and maintained to provide sleeping accommodations for not more than two persons. Each 100 square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. Hotel quest rooms are exempt from the two person limit, but are subject to other applicable occupancy limits such as the building code. Planning & Zoning Commission Resolution No. FY2026-10 Page 3 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 23 of 198 AGENDA ITEM #10.A. 132 17.25.090 H definitions. 133 .. 134 "Homestay" means the rental of no more than 2guestrooms, but not exceeding 2 quests, 135 in an owner -occupied dwelling unit, while the owner is occupying the same dwelling unit 136 for the entire rental period. A homestay may be used as a short-term rental or a long-term 137 rental. 138 .. 139 "Hostel" means a rental of sleeping rooms within a dwelling unit, not to exceed 5 sleeping 140 rooms. A hostel may be used as a short-term rental or a long-term rental. 141 142 "Hotel' means any building or group of buildings in which there are six or more guest rooms used, 143 designed, or intended to be used for the purpose of offering to the general public food, lodging, 144 or both, on a day to day basisfor compensation. This definition includes the term motel. A 145 hotel may be used as a short-term rental or a long-term rental. 146 147 17.25.130 L definitions. 148 .. 149 "Lodge" means a building or group of buildings containing both rooms and dwelling units available 150 for ternporary rental to transient individuals or families. The types of activities supported by a 151 lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and 152 passive recreational activities. A lodge may be used as a short-term rental or a long-term 153 rental. 154 155 "Long-term rental" means a residential dwelling unit(s) or a short-term rental use that is 156 leased for compensation, to a single person or group (more than one person) for a period 157 of 30 consecutive days or more. 158 .. 159 17.25.140 M definitions. 160 .. 161 "Mete!" means a group of one or more detached or semidetached buildings containing two o 162 more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile 163 t e , ,r,s;+s; r transie. is 164 165 17.25.200 S definitions. 166 .. 167 "Short-term rental (STR)" means a residential dwelling unit(s) or part of a unit that is rented 168 for compensation, to a single person or group (more than one person) for a period of less 169 than 30 consecutive days. Short-term rental uses include: bed and breakfast, homestay, 170 hostel, hotel, lodge, single resident occupancy, vacation home, and vacation rental. 171 .. 172 173 Single Resident Occupancy. A "single resident occupancy" or "single room occupancy (SRO)" is 174 a housing type consisting of one room with or without cooking facilities and with private or shared Planning & Zoning Commission Page 4 of 8 Resolution No. FY2026-10 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 24 of 198 AGENDA ITEM #10.A. 175 bathroom facilities. An "SRO" is also a commercial building similar in use and function to a hotel 176 or apartment building (e.g., multiple -family dwelling) composed of 11 or more studio apartments 177 or rooming units that are available for rent for periods of seven days or more. A single resident 178 occupancy may be used as a short-term rental or a long-term rental. 179 180 .. 181 "Sleeping rooms" means a room or space where provisions for sleeping accommodations 182 are provided for no more than three people, and may or may not include provisions for 183 sanitation. Each 100 square feet or fraction thereof of floor area used for sleeping purposes 184 shall be considered to be a separate sleeping room in a large common area sleeping 185 arrangement. 186 .. 187 188 17.25.230 V definitions. 189 190 "Vacation home" means a one family dwelling unit located within either a one -family dwelling 191 or atwo-family dwelling that is rented as a short-term rental^.'oaso + ^ +s entirety + r .,o.;,,,+� 192 not W o eed 30 days On length 193 194 "Vacation rental" means a dwelling unit located within a multiple -family dwelling that is 195 rented as a short-term rental. 196 197 17.50.020 Permitted principal uses and structures (C District). 198 .. 199 J. Bed and breakfastsHomestay, vacation home, and bed and breakfast; 200 201 K. VaGatiGR h.,mes; 202 203 LK. Hoop houses; 204 205 ML. Marijuana cultivation, limited; and 206 207 NM. Marijuana cultivation, standard (lots equal to or greater than five acres). 208 209 17.60.020 Permitted uses (RR2 District). 210 .. 211 H. Single-family dwellings; 212 213 I. VaGatmen hemesHomestay, vacation home, and bed and breakfast; and 214 215 j Belo d breakfast 216 217 KJ. Hoop houses; and Planning & Zoning Commission Page 5 of 8 Resolution No. FY2026-10 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 25 of 198 AGENDA ITEM #1O.A. 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 LK. Assisted living homes. 17.65.020 Permitted principal uses and structures (RR District). A. Single-family dwellings; B. VAAAti^^ "^m^cHomestay, vacation home, and bed and breakfast; S. Bed a d breakfasts; DC. Hoop houses; €D. Agricultural buildings and activities; and E. Assisted living homes. 17.70.020 Permitted uses (RR1 District). H. Home occupations; I `A^^^+O^^ "^mesHomestay, vacation home, and bed and breakfast; d. Bed and breakfasts; K4J. Recreational cabins; LK. Hoop houses; ML. Accessory dwelling units (ADUs) (attached); and AIM. Assisted living homes. 17.75.020 Permitted uses (R1 District). J. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet); aad K. Homestay; and KL. Assisted living homes. 17.75.030 Conditional uses (R1 District). Planning & Zoning Commission Resolution No. FY2026-10 Page 6 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 26 of 198 AGENDA ITEM #10.A. 261 B. Schools; 262 263 C. Bed and breakfasts; 264 265 D. Vacation homes; 266 .. 267 268 17.80.020 Permitted uses (R2 District). 269 .. 270 M. Homestay and Vvacation homes; 271 272 N. Bed and Breakfasts; 273 .. 274 275 17.85.020 Permitted uses (R3 District). 276 .. 277 C Beard iRgheuse Homestay and hostel; 278 .. 279 0. Vacation homes and vacation rental; 280 281 P. Bed and breakfasts; 282 .. 283 17.90.020 Permitted uses (B District). 284 .. 285 S. Metels,Homestav, vacation home, vacation rental, hostel, and bed and breakfast; 286 .. 287 17.95.020 Permitted principal uses and structures (RNC District). 288 .. 289 C. Bed and breakfasts/., atelsHomestay; 290 .. 291 M. Vacation homes; 292 293 N. Bed and breakfasts; 294 295 0. MeteEsHotels; and 296 .. 297 17.100.020 Permitted principal uses and structures (UNC District). 298 .. 299 A. Bed and breakfasts, homestay, hostel, vacation home, and 300 vacation rental; 301 .. 302 303 17.110.020 Permitted principal uses and structures (RB District). Planning & Zoning Commission Page 7 of 8 Resolution No. FY2026-10 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 27 of 198 AGENDA ITEM #10.A. 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 B. BeafdiRghousesHomestay, hostel, vacation home, vacation rental, bed and breakfast, and hotels and motels; 17.175.040 Off-street parking — Number of spaces required. Table 1. Permitted Uses Required Off -Street Parking Spaces Bed and breakfasts In addition to the off-street parking requirements of KIBC 17.175.040 for a single- family dwelling, up to 2 guest rooms must provide 1 additional parking space; with 3 to 4 guest rooms must provide 2 additional parking spaces; and a bed and breakfast with 5 guest rooms must provide 3 additional parking spaces R.110_4_916 OF Hostel 1 per guest room or dwelling unitsleeping room Homestay or vacation home Same as a one -family dwelling or two- family dwelling (Dependent on the number of units within the building) Vacation rental Same as a multiple -family dwelling (Dependent on the number of units within the building) ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 19TH DAY OF NOVEMBER, 2025 KODI ISLAND BOROUGH Sara Fraser, Chairperson VOTES: Ayes: Noes: Planning & Zoning Commission Resolution No. FY2026-10 ATTEST - A � � //�/ 1A� e Hailee Wallace, Secretary III Page 8 of 8 Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Boro... Page 28 of 198 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administration And Personnel, Title 4 Service Areas, And Title 7 Elections To Prohibit Holding Multiple Elected Offices ORIGINATOR: Dave Johnson, Assembly Member RECOMMENDATION: Move to adopt Ordinance No. FY2026-17. DISCUSSION: Assembly members Johnson and Whiteside submitted an agenda item request form on November 13, 2025, requesting changes to the Borough code regarding dual office holding or holding simultaneous positions. This request is to resolve conflicts created in KIBC 4.20.020, where a subordinate board answers to the Manager, yet a member who is also on the Assembly then also supervises the Manager. This ordinance prohibits the holding of multiple ELECTED offices. For service area boards, members cannot hold the position of the mayor or a seat on the assembly; however, road service area board members are permitted to concurrently serve as members of a fire protection board and the school board. Per KIBC 2.30.050(C.4), the ordinance shall be scheduled on a meeting agenda by January 12, 2026, unless the Assembly directs that the item appears on a particular meeting agenda. This item is set to be introduced at the meeting on January 15. Although this introduction date does not comply with the required timeline according to the code, it received approval from Assembly member Whiteside, who is a co-sponsor of the Ordinance. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.100(G.1) Requests for Staff Assistance. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, any two or more members of the assembly may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). KIBC 2.30.050 (C.4) Agenda items prepared by staff at the request of the mayor or by two or more assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda. Kodiak Island Borough Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 29 of 198 AGENDA ITEM #1O.B. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING Kodiak Island Borough Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 30 of 198 AGENDA ITEM #10.B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 2 ADMINISTRATION AND PERSONNEL, TITLE 4 SERVICE AREAS, AND TITLE 7 ELECTIONS TO PROHIBIT HOLDING MULTIPLE ELECTED OFFICES WHEREAS, this ordinance is crucial for maintaining the integrity and independence of public officials and to avoid any conflicts of interest that may arise by multiple position -holding whenever the respective duties of office are inconsistent; and WHEREAS, this ordinance would prevent multiple position -holding, so that offices and positions of public trust would not accumulate in a single person. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.20.020 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.20.020 Qualification and election of borough mayor. A. A qualified borough voter who, at the time of election or appointment to fill a vacancy, has resided within the borough at least one year immediately preceding the date of election or appointment is eligible to be borough mayor. B. The mayor is elected at -large by the qualified voters of the borough. The mayor's regular term of office is three years and until a successor is elected and has qualified. C. The mayor's regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. D. The mayor may not hold a position as assembly member, school board member, service area board member or borough employee at the same time, except as provided by statutes AS 29.20.630, or similar statutory directive. Holding multiple elected offices is not allowed. Section 3: That Section 2.25.010 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.25.010 Composition. The assembly consists of seven members elected at large. An assembly member may not hold a position as borough mayor, school board member, service area board member, or borough employee, except as provided by s+at, ices AS 29.20.630, or similar statutory directive. Holding multiple elected offices is not allowed. Section 4: That Section 2.100.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.100.030 Appointments. A. Ordinance No. FY2026-17 Page 1 of 3 Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 31 of 198 AGENDA ITEM #10.B. 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 members, are appeinted by the mayer and GGRfirrned by the assembly unless ethepNise spesif'^a',,,�.11y previded elseuvnereon-t isrseeddee. Members of the board of equalization for hearing valuations and appointments to service area boards, when required, are appointed by the assembly. All other board, committee, and commission appointments are made by the mayor, pending confirmation by the assembly. B. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. C. Except as specifically provided in a borough ordinance or resolution, borough employees may not be appointed to, and are prohibited from serving on, nonelected boards, committees, or commissions in the Kodiak Island Borough including boards, committees, and commissions that were jointly established with the city of Kodiak. Borough employees may continue to serve as ex officio members as provided in KIBC 2.100.170. Section 5: That Section 2.105.010 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.105.010 Created - Membership. There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first-class city shall be selected from a list of recommendations submitted by the council. Commission membership shall be apportioned so that the number of members from home rule or first-class cities within the borough reflects the proportion of borough population residing within those cities. Commission membership shall be reapportioned according to the fluctuation of population within the borough and its home rule and first-class cities by resolution of the assembly at the expiration of the terms of commission members. Nothing in this section prevents the mayor from appointing additional persons to serve in an advisory or ex officio capacity without regard to apportionment of borough population. The mayor and assembly members are prohibited from serving as regular members or in an ex- officio capacity on the commission, as appeals may be presented to the assembly in its capacity as the board of adjustment. Section 6: That Section 4.15.020 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 4.15.020 Composition, appointment, election, qualifications. A board shall consist of three members, or more, as the assembly may determine by ordinance. The initial members of the board shall be appointed by the assembly to serve until the expiration of their terms as set forth in KIBC 4.15.030. Thereafter, members of the board shall be elected by the qualified voters within the service area at a regular election. Vacancies shall be filled by the candidate(s) receiving the highest number of votes cast for each seat. Each board member shall be qualified to vote within the borough and shall be a resident of the service area. Members of the service area boards cannot hold the position of the mayor or a seat on the assembly; however, road service area board members are permitted to concurrently serve as members of a fire protection board and the school board. Ordinance No. FY2026-17 Page 2 of 3 Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 32 of 198 AGENDA ITEM #10.B. 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Section 7: That Section 7.20.020 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 7.20.020 Candidate qualifications. A. Candidates for mayor, assembly, and school board must be qualified voters of the borough and residents of the borough for one year at the time of filing. B. A person may not serve simultaneously as mayor, and as a member of the assembly —,as mayor and a member of the school board, or as a member of the assembly and member E)f the SGheel beard. A person cannot hold the positions of mayor, assembly member, or school board member at the same time. Holding multiple elected offices is not allowed except for road service area board members who are permitted to concurrently serve as members of a fire protection board and the school board. C. No elected official of the borough, except members of service areas boards may hold any other compensated borough office or borough employment, or elected position in the state or federal government, while in office. D. No person shall be a candidate for more than one assembly seat at any election. E. Candidates for service area boards must be qualified voters of the borough and residents of the service area for at least 30 days immediately preceding filing for office. F. Candidates shall provide proof that they are eligible or shall be eligible by the date of the election, to be recognized as a candidate for any election. G. Write-in candidates for mayor, assembly, and school board shall file an Alaska Public Offices Commission (APOC) official financial disclosure statement with the clerk as required by the provisions of AS 39.50. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2026 KODIAK ISLAND BOROUGH Jared Griffin, Borough Mayor ATTEST: Nova M. Javier, MMC, Borough Clerk Introduced by: Assembly Members Johnson and Whiteside First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-17 Page 3 of 3 Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 33 of 198 AGENDA ITEM #10.B. Code Change and Explanation of Changes Italicized Lines 32-35, The mayor may not hold a position as assembly member, school board member, service area board member or borough employee at the same time, except as provided by stat, fifes AS 29.20.630, or similar statutory directive. Holding multiple elected offices is not allowed. This details that the mayor cannot hold multiple elected offices. It also cites the exact AS provision (AS 29.20.630(b)), which permits school district employees to be elected municipal or state officials. The initial recommendation of using "simultaneous office holding" or "dual office holding" was changed to "holding multiple elected offices." Using "dual office holding" may be interpreted too broadly, it might prevent school district employees from taking on elected roles which could conflict with this provision. This change would still allow assembly members to serve either as regular or ex-officio members on various boards and committees. Lines 40-43, 2.25.010 Composition. The assembly consists of seven members elected at large. An assembly member may not hold a position as borough mayor, school board member, service area board member, or borough employee, except as provided by statutes AS 29.20.630, or similar statutory directive. Holding multiple elected offices is not allowed. This is the assembly section. Same reason above regarding the AS provision. Lines 48-55 Members of the board of equalization for hearing valuations and appointments to service area boards, when required, are appointed by the assembly. All other board, committee, and commission appointments are made by the mayor, pending confirmation by the assembly. This is a cleanup of this section. The assembly functions as the Board of Adjustment and do not appoint the members. There are two Board of Equalizations (BOE) — the first one is the regular board who hears valuations, while the second one is the assembly seating as the BOE to consider exemptions. Service area seats are normally filled through elections; however, in cases of vacancies, the assembly, not the mayor, appoints to the vacant service area seats. Lines 82-84, The mayor and assembly members are prohibited from serving as regular members or in an ex-officio capacity on the commission, as appeals may be presented to the assembly in its capacity as the board of adjustment. This is added to specifically state that assembly members, even in ex-officio capacities, should not serve on the P&Z Commission. The Board of Adjustment is a quasi-judicial board and appointing assembly members to the commission may create conflict. Line 97-99, Members of the board cannot hold the position of the mayor or a seat on the assembly. This is added as to identify that school board members are allowed to serve on service area boards. If the Assembly wishes to prohibit this, this section can be amended to state "Members of the board cannot hold other elected seats in the borough. " Lines 105-109, B. A person may not serve simultaneously as rnayer-, and as a rnernber of the assembly, as mayor and a member of the SGheel beard, or as a member of the assembly and member of the SGheel beard A person cannot hold the positions of mayor, assembly member, or school board member at the same time. Holding multiple elected offices is not allowed except for road service area board members who are permitted to concurrently serve as members of a fire protection board and the school board. Lines 110, C. No elected official of the borough, eXGept Fn mhers A-f sepal -e be-ards may hold any other compensated borough office or borough employment, or elected position in the state or federal government, while in office. Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 34 of 198 AGENDA ITEM #1O.B. This section specifically authorizes service area board members to hold other offices and is inconsistent with elected officials not being on service area boards. If it remains, then the code provisions would seem to be in conflict. Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 35 of 198 AGENDA ITEM #10.B. aoacp -oS KODIAK ISLAND BOROUGH ATTACH THE ORDINANCE, RESOLUTION, OR AGENDA ITEM INFORMATION FOR ITEMS THAT ARE READY TO BE PLACED ON THE AGENDA DATE SUBMITTED: Requestor: �n.`Preferred Mtg. Date: Item Description: REQUEST FOR ASSISTANCE STAFF TO PREPARE AN ORDINANCE OR RESOLUTION Requestor 1: 1 1(til1e. �n�-�r� Requestor 2:,( ✓��d'� Detailed Description: LEGAL OPINION REQUEST Requestor 1: Date when you want the opinion by: Detailed Description: See pertinent code sections on the back. Requestor 2: C. Revised on: 20240607 nj Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 36 of 198 AGENDA ITEM #10.B. KIBC 2.30.050 (C.3) Agenda items submitted by an assembly member or the mayor without staff assistance, or submitted by the manager, shall be included on the agenda within 60 days. KIBC 2.30.060 (B) Preparation of agenda items. ordinances, resolutions, or other proposed agenda items may be submitted to the clerk by an assembly member, a committee of the assembly, the mayor, or the manager for placement on the agenda. An assembly member may request an item placed on the assembly agenda by completing an agenda request form provided by the borough clerk's office and providing a copy of the proposed item in a format that is ready to be placed on the agenda. KIBC 2.20.070(C.1) Requests for Staff Assistance. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). KIBC 2.30. 100(G. 1) Requests for Staff Assistance. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, any two or more members of the assembly may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C) (4). KIBC 2.30.050 (C.4) Agenda items prepared by staff at the request of the mayor or by two or more assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda. KIBC 2.20.070(C.2) Requests for Legal Opinions. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor and an assembly member may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of the legal opinion, the clerk's office shall distribute it to all assembly members. KIBC 2.30.100(G.2) Requests for Legal Opinions. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, any two or more members of the assembly, may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of the legal opinion, the clerk's office shall distribute it to all assembly members. For staff use: ) l /��'�l Received date: 13 i 90 ?� Provided a copy to the Manager on: 60 days deadline: Owl Scheduled on the meeting agenda of: Notes: KIBC 2.30.060 (B) Upon receipt of an agenda item request, the borough clerk shall immediately provide a copy to the borough manager. The borough manager may provide information or make recommendations, if applicable, and submit such information to the borough clerk for inclusion with the aqenda item Revised on: 20240607 nj Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administra... Page 37 of 198 AGENDA ITEM #10. C. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Ordinance No. FY2026-18 (Version 2). DISCUSSION: Staff, in collaboration with the Solid Waste Contract Committee and the Borough Attorney, have prepared a draft ordinance to update the Borough's Solid Waste Code. The intent is to revise the code first and then align the new solid waste contract with the updated version — not the existing one. Most contract -specific language has been removed from the proposed code, allowing the Borough to focus on enforcement authority while the contract will address operational details. This approach ensures the code and contract complement each other seamlessly, rather than imposing operational controls on the contractor or retrofitting new provisions into the existing agreement. The ordinance includes an amortization section to allow property owners time to adjust practices to comply with the new requirements. The existing code will sunset when the current solid waste contract expires on June 30, 2027, creating a clean transition point for both the Borough and the contractor. Starting fresh with an updated code section will allow us to clearly delineate responsibilities: the Borough will retain regulatory authority, while the Contractor will manage operational aspects in direct alignment with the revised code and the new contract terms. This approach should minimize confusion, improve accountability, and create a more streamlined partnership moving forward. At the January 13, 2026, work session, Assembly member Johnson asked clarification about section 8.25.100 (B) Exceptions. Staff did some research and updated that particular section to better align with the ADEC's requirements for exceptions and cited the appropriate 18 AAC 60 State of Alaska Solid Waste Management regulations. ALTERNATIVES: 1. Take no action. 2. Ask for additional revisions. FISCAL IMPACT: OTHER INFORMATION: Red -lined and clean versions of the draft Ordinance were emailed to the Assembly on December 8th, 2025, for early review and consideration. Kodiak Island Borough Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 38 of 198 AGENDA ITEM #10.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CORRECTED VERSION 2 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 8 HEALTH AND SAFETY CHAPTER 8.25 SOLID WASTE COLLECTION AND DISPOSAL WHEREAS, the procedures set forth in Chapter 8.25 of the Kodiak Island Borough Code should be updated to clarify language and requirements of the public for solid waste services; and WHEREAS, the Kodiak Island Borough Assembly established the Solid Waste Contract Committee (SWCC) to evaluate, develop, and clarify inconsistencies and ambiguities present in the current solid waste contract and Borough Code; and WHEREAS, The SWCC was also tasked with developing a new contract for when the current contract expires and to provide suggest changes to the Borough Code; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 1.20.050, Fine Schedule, of the Kodiak Island Borough Code of Ordinances is amended to modify the references for violation of KIBC 8.25.070(B) to read as follows: e##en-s0 e##easo � $500 ^+ KIBG 8.25.070(B)(3)(b) Solid Waste Storage Set Out $1,000 and (41 nd s ibsequor.+ r,#or. oc\ KIBC 8.25.030 (A) Property Owner Not Subscribed to Solid $50 first offense $100 second offense Waste Services $300 third offense KIBC 8.25.030 (B)(3) Unauthorized Solid Waste Container $50 first offense $100 second offense $300 third offense Ordinance No. FY2026-18 VERSION 2 Page 1 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 39 of 198 AGENDA ITEM #10.C. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 KIBC 8.25.060 (B) Solid Waste Storage Causing Public $100 per day Nuisance KIBC 8.25.080 (D) Unauthorized Use of the Borough $100 first offense $300 second offense Landfill $1000 third offense KIBC 8.25.090 (E) Improper Hazardous Waste Disposal $100 first offense $300 second offense $1000 third offense KIBC 8.25.100 (C) Disposal of Unpermitted Solid Waste $100 first offense $300 second offense $1000 third offense KIBC 8.25.110 (A) Burning of Solid Waste $100 first offense $300 second offense $1000 third offense KIBC 8.25.120 (D) Scavenging and Tampering of Solid $100 first offense $300 second offense Waste or Containers $1000 third offense Section 3: That Section 8.25 Solid Waste Collection and Disposal of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 8.25 SOLID WASTE COLLECTION AND DISPOSAL Sections: 8.25.010 Purpose. 8.25.020 Definitions. 8.25.030 Solid Waste Services. r^^r. 8.25.040 Contract Hauler Refusal of Service. eelid-v.�-Aste ARd Ip eRtieR RU e. 8.25.050 Litter. 8.25.060 Solid Waste Accumulation and Prevention of Nuisance. see 8.25.070 Transportation and Disposal of Solid Waste to Borough Landfill. Selid waste 8.25.080 Baler Facility and Sanitary Landfill. Solid waste diSGard. 8.25.090 Disposal of Hazardous and Toxic Wastes: Used Motor Oil or Electronic Waste 8.25.100 Prohibited Disposal. Transp Ordinance No. FY2026-18 Page 2 of 24 VERSION 2 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 40 of 198 AGENDA ITEM #10.C. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 8.25.110 Prohibition on Burning Solid Waste. Disposal of solid waste. 8.25.120 Prohibition of Scavenging and Tampering. DO— on] nf hazardous and waste6 Used mote on! EIestFGRiG waste-. 8.25.130 Applicability of Federal, State, and Local Solid Waste Law. or hihi+i ^ ^ buMiRg ld- +^ of "^o Tcr=vr'c" 8.25.140 Administration, Implementation, and Enforcement. S d waste handIiRg sepd^^� 8.25.150 Violations, Enforcement Actions and Remedies. G^^^ral ^^ di+i^^S of se 0Ge 8.25.1T60 Prohibition oofrsc'c v^crr�^.^yam maid tampering.. 8.25170 Ownership. 8.25.180 Baler facility aad saRitaFy Iandfill. 8.25.190 11serfee s^he,d--I^ 8 25.200 PFohib,1eddispesal. 9.25.21.0 Appl+c iiiab. ity Gf federal, state, and Iesal seli�', waste law 9.25 220 Admirlistration, implemeRtatiOR, and enforcement 8.25.230 Repealed. 8.25.240 �i^+i r,� for + etiE)Rs d ed T� ��.r, i'�^-r<vrEe�r�^-^rTa o--a,=�r,=�n 4e&-. 8.25.010 Purpose. As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to regulate the management of municipal solid waste, including storage, collection, processing, recovery, and disposal of solid waste, for the following reasons: A. To protect the public safety, health, and welfare of the people of the Bborough; B. To protect, preserve, and enhance the environment of the people of the Bborough; and C. To provide fiscally responsible solid waste management. [ord. FY2010-07 §3, 20101. 8.25.020 Definitions. In this chapter, each of the following terms has the respective corresponding meaning: "Bear cart" means a cart designed to be resistant to opening by bears. "Borough landfill" means the landfill owned by the Bborough. Ordinance No. FY2026-18 VERSION 2 Page 3 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 41 of 198 AGENDA ITEM #10.C. 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 "Bulky item(s)" means any large item of solid waste that will not fit through a roll -cart, dumpster or roll off container door or opening that is generated at a premises or unit and discarded at the Borough Landfill as determiRed from tirne to time by the . e . hiGh G R be safely lifted b i of sites Gh -no the fr.11r.ainr.• "C&D (construction and demolition) debris" means any solid waste disA-and-ed- in r,,,.. Asters r re eff r A_n+oiners th;;f the ,.AAUAn+ hA, der generated at a construction site either residential or commercial. C&D debris must either be transported by the solid waste generator to the Landfill or be collected under the on -call temporary dumpster collection service section of the approved collection contract, such as the following: Ordinance No. FY2026-18 VERSION 2 Page 4 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 42 of 198 AGENDA ITEM #10.C. 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 1. Bundled yard waste, branches; 2. Sod, soil and rock; 3. Broken concrete and asphalt; 4. Brick, block, and stone; 5. Railroad ties or similar type of retaining wall timbers; 6. Remodeling debris; 7. Carpeting; 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 9. Windows and doors; and 10. Lumber. "Cart" or "Roll -Cart' means a wheeled receptacle for storing solid waste that can be emptied by either semi- or fully -automated vehicles. "Collection contract" means the contract described between the contract hauler and the Bborough for collection of solid waste and transportation to the Bborough landfill. "Collection service area" means all premises or units serviced by an electrical meter accessible via roads maintained by the state of Alaska, the Bborough, the Cc-ity of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the Bborough, except for the USCG facilities and past milepost one of Anton Larsen Road. "Commercial" describes people, such as customers; places, such as premises; or things, such as carts or types of solid waste; in the Bborough that are used for business functions, such as generating income. This includes apartment complexes that have five (5) or more units. eet rooirlon+iol ., ui+0far„oi., "Commercial Hazardous Waste" means hazardous waste generated on a commercial premises. "Compactor" means a receptacle containing a ram that pushes and compresses waste into a container or bale. "Contract hauler" means the contractor under the municipal solid waste collection contract. "Container" means any type of storage receptacle for solid waste; cart, dumpster, or roll off. Ordinance No. FY2026-18 VERSION 2 Page 5 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 43 of 198 AGENDA ITEM #10.C. 11M 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 1178 179 180 181 182 "Dead animal" means the carcass from an animal, large or small, except part of an animal used for food or other beneficial purpose in accordance with federal, state or local laws and regulations. Does not include fish or other primarily aquatic animal. "Disposal" or "dispose" means the act or action of discarding solid waste. "Dumpster" means a receptacle for storing solid waste that is picked up with front-end loading vchirrlcc "Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological wastes, radioactive materials, explosive or highly flammable materials, oil and petroleum products, and burning or smoldering materials. "Household hazardous waste" means hazardous waste generated on residential premises. "Litter" means solid waste that is left lying in an open or public place. "Manager" means the Bborough Mfnanager or designee. "Multipurpose" means a premises that serves more than one purpose. For example, a multipurpose premises may include office spaces, retail shops, and residential apartments within the same structure. "Premises" means property having any habitable building or unit, serviced by an electrical meter whether residential, multipurpose, multifamily, or commercial. "Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use again or for a new use or function. "Residential premises" means any house, building, unit, structure, or shelter used as a dwelling, intended for living purposes. This includes apartments with four (4) or less units, houses, or mobile homes. ^ premises meeting both of the following oonditions: 1. it E;entamns one, two, or three dwelling unit(s); and Ordinance No. FY2026-18 VERSION 2 Page 6 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 44 of 198 AGENDA ITEM #10.C. 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 "Roll -off' means an open -topped rectangular receptacle for storage, collection, and transport of solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). "Scavenging" means the controlled removal of waste materials for recycling or reuse. "Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer, septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater treatment sludge. "Solid waste" means "municipal solid waste" as defined in AS 46.03.900. "Solid waste generator" means anyone who creates solid waste during everyday living and working. "Solid waste storage" means the interim containment of solid waste, in an approved manner, after generation and prior to collection and disposal. "Subscriber" a person or business that is a customer of the contract hauler, i.e. owner of a premises. "Uninhabitable" means a premises that fails to meet basic habitability standards due to serious defects or hazardous conditions, making it unfit for residential use. This includes situations where the property is deemed unsuitable or unsafe for its indented use, typically living space. [Ord. FY2020-09 §5, 2020; Ord. FY2010-07 §3, 2010]. 8.25.030 Solid Waste Service. G0RStrUGti0R A. Every owner of a premises with any type of zoning in the collection service area that is serviced through an electrical meter, except uninhabitable buildings that obtain a waiver, shall subscribe and pay for solid waste service provided by the Borough's Contracted Waste Hauler. 1. Failure of an owner of a premises to subscribe for solid waste service as required by this section shall be a violation. Ordinance No. FY2026-18 VERSION 2 Page 7 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 45 of 198 AGENDA ITEM #10.C. 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 , B. Every subscriber of the solid waste service shall use a solid waste container provided by the contract hauler. 1. Exceptions to this policy maV be considered bV the Borough or contract hauler if the solid waste customer is unable to use the solid waste container provided by the contract hauler due to lack of space, inability to manipulate the container, or other lust cause. 2. Exceptions will not include using an unauthorized container due to the removal of contract hauler's container for non-payment. If a container is removed for non-payment, the subscriber is still responsible for maintaining and making payments on the account for the Premises. Any solid waste for that premises shall be properly disposed by transport directly to the Landfill until the authorized container is replaced. Desm Rees Refer nge t .,n„ oRds Edual be. staff person by title UGh as the rn RGIu es referenno to the deem ,nee [Ord FY2010_07 43 24�,3. It shall be a violation of this section to use an unauthorized solid waste container. 8.25.040 Contract Hauler Refusal of Service. colid waste aGG Fn latinn and nreventinn of ni iisanno A. The contract hauler is not obligated to provide collection service in anV of the events listed in this section. 1. Solid Waste Only. No person may discard any material in a container for collection by the contract hauler except solid waste. The contract hauler may inspect the contents of any container. 2. Unsafe Condition. The contract hauler is unable to safely access the solid waste container to be collected. 3. Loose Waste. The waste is not in a solid waste container. Ordinance No. FY2026-18 VERSION 2 Page 8 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 46 of 198 AGENDA ITEM #10.C. 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 8.25.050 Litter. In addition to the prohibitions in Chapter 8.20 KIBC, no person may place or leave solid waste outside a container or place solid waste in another subscriber's perser's bin, cart, or roll -off without that subscriber's pGF69R's-consent. [Ord. FY2010-07 §3, 2010]. 8.25.060 Solid Waste Accumulation and Prevention of Nuisance. Solid waste A. Solid waste generators, or subscriber, may not accumulate or store solid waste at their premises longer than the period between their regularly scheduled collections. B. A solid waste aenerator. or subscriber. must keep solid waste stored at that premises as follows: 1. In a clean and sanitary manner that does not create a public nuisance or health hazard. 2. In accordance with all other applicable federal, state and municipal statutes, ordinances, rules, and regulations. C. While storing or handling human food, animal food, or solid waste, no one may violate 5 AAC 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that attracts game, deleterious exotic wildlife, dogs, cats, or other domesticated animals. D. Failure to store solid waste in compliance with the standards of this section is a violation. In the event of a violation of section 13(1) or (2), the Borough may clean up solid waste that is not kept as required and charge the solid waste generator or subscriber the cost, in addition to prosecuting the subscriber for violation of this chapter. Ordinance No. FY2026-18 VERSION 2 Page 9 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 47 of 198 AGENDA ITEM #10.C. 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 8.25.070 Transportation To and Disposal of Solid Waste at the Borough Landfill. Solid waste storage and set out. A. Transport. Evervone who transports solid waste materials that miaht blow. fall. spill. drop. leak sift, or otherwise escape from the transport vehicle during passage over a public all, street, or road must contain the cargo to prevent improper release. Some examples of methods to contain cargo include: 1. Tight enclosure or container that is an integral part of the vehicle, or 2. A separate cover that is fastened onto the vehicle and secures the top and all sides of the cargo. kept Glesed to keep out raiR, SRE)w, and aRimals. Surplus liquids must be draiRed from selid wastee and Planer! i Watertight bans hefnre dicnorr!'nn them 'n PPta'n B. Proper Disposal of Solid Waste. Solid waste generated in the collection service area must be disposed of only in the contract hauler's designated containers or at a state -permitted processing and disposal facility. C. Violation. It shall be a violation of this section to transport unsecured solid waste or dispose of solid waste in an unauthorized location. Any violation of this section will be treated as a violation of KIBC 8.20.010(D) and may be prosecuted as a violation of that section as outlined in section KIBC 1.20.050, Fine Schedule. Ordinance No. FY2026-18 VERSION 2 Page 10 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 48 of 198 AGENDA ITEM #10.C. 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 Ordinance No. FY2026-18 VERSION 2 Page 11 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 49 of 198 AGENDA ITEM #10.C. 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 8.25.080 Baler Facilitv and Sanitary Landfill. Selod waste diSGard A. The Borough will provide facilities for proper disposal of solid waste to the contract hauler and the public as approved by the Assembly. B. The Borough's Landfill is a disposal facility that has permitted requirements that must be followed. C. At the Borouah Baler Facilitv and Sanitary Landfill. no Derson may do anv of the followin 1. Enter outside of posted opening hours, unless authorized by the Borough; or 2. Deliver any materials prohibited in this section; or 3. Discard any material without paving applicable user fees under the Borough's Fee schedule. 4. Dispose of any material outside of the designated areas, as directed by the Borough. D. Violation. It shall be a violation if a person fails to comply with the rules of the landfill as outlined in subsection C of this section. Ordinance No. FY2026-18 VERSION 2 Page 12 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 50 of 198 AGENDA ITEM #10.C. 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 8.25.090 Disposal of Hazardous and Toxic Wastes. R;";^^ and ^"^^+;^^ A. The Borough Landfill has permitted disposal requirements that must be followed. B. Non -Borough Materials Banned. No person may dispose of hazardous or toxic waste, or used motor oil, which has been generated from outside the Borough. C. Household Hazardous Waste. All waste determined to be household hazardous waste must be disposed of at the designated disposal location at the Borough landfill, or other designated facility operating in compliance with the law, or at a Borough sponsored collection event. The Borough will charge fees in accordance with the Kodiak Island Borough Fee Schedule as approved by the Assembly. D. Electronic Waste. All electronic waste must be disposed of at a facility designated by the Manager, or at a facility operating in compliance with the law and pay the charges established by the facility. E. Violation. Disposal of hazardous or toxic waste other than as permitted by this section is a violation. 8.25.100 Prohibited Disposal. TFaRGP^rtati^^. A. Unpermitted. No person may deliver to, deposit at, or dispose in the Borough Landfill or any contract hauler containers the following materials; Ordinance No. FY2026-18 VERSION 2 Page 13 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 51 of 198 AGENDA ITEM #10.C. 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 1. Material prohibited under the Borough's solid waste disposal permit issued by the State of Alaska Department of Environmental Conservation; 2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75, or 18 AAC 78; and 3. Sewage sludge for which there are no test results acquired or submitted to the Borough, as required by law (e.g., 18 AAC 60.365) or as determined by the Borough Manager. B. Exceations. Exempt waste are types of solid waste that are exempt from the solid waste regulations and do not require disposal in a permitted landfill. These wastes can be used as fill without approval from Alaska Department of Environmental Conservation as outlined in 18 AAC 60.005 (c). A list of examples of exempt waste below: 1. Uncontaminated dirt, rocks, and soil; 2. Tree limbs, stumps, foliage, and other woody debris; 3. Unpainted bricks, mortar, Portland cement type concrete (including reinforcing steel that cannot be easily removed); 4. Crushed Glass '^+^ 3,4 On .h „, 5. Crushed asphalt, but only if the product is used; a. As fill material for a building pad or parking area or as a road base or pavement; o. As-rc);;dead-h;;h •,oebeneath ., .,rLinn area er e.,iJ• d. As a material to construct a containment berm for a tank farm. If someone was disoosina of exempt waste. thev must comply with the followina reauirements 1. The exempt waste may not be mixed with non-exempt waste; ; 2. The exempt waste may not cause a public nuisance, environmental problem, or a threat to public health, safety, or welfare. 3. The exempt waste may not be placed in surface water (creeks, ponds, etc.) without approval from other appropriate regulatory agencies. 4. The exempt waste may not be placed without landowner approval. C. Violation. It shall be a violation to dispose of waste in an unpermitted manner except as Permitted by subsection B Ordinance No. FY2026-18 VERSION 2 Page 14 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 52 of 198 AGENDA ITEM #10.C. 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 8.25.110 Prohibition on Burning Solid Waste. disposal of selid waste. In addition to comolvina with KIBC 8.35. no person may burn anv materials that cause odor or black smoke that has an adverse effect on nearby persons or property, as determined by the Borough Manager, including the following: 1. Animal carcasses; 2. Petroleum -based materials such as plastic bags, or other materials contaminated with petroleum or petroleum derivatives; and 3. Anv other solid waste. A. Burning of materials as prohibited by this section is a violation. 8.25.120 Prohibition of Scavenging and Tampering. Dispesal ef hazardous A. Ownership. Solid Waste, or any other discarded material, remains the property of the generator until the occurrence of the following: 1. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant customer discards a beverage container into a refuse receptacle provided by the restaurant where the customer purchased the beverage; or an automobile passenger discards litter in a refuse receptacle located at a gas station for use of customers. 2. Self -Haul. The subscriber or waste generator delivers and deposits the solid waste at the Borough landfill or into a public roll -off container. 3. Contract Hauler Collection. The contract hauler collects the solid waste from the subscriber's set -out site and recycles or disposes of it in accordance with the law. Absent the occurrence of these events. solid waste. or other material. remains the orooerty of the generator even if the generator abandons the solid waste, exercises no dominion or control over the solid waste, or asserts no ownership of the solid waste. If the generator abandons the solid waste, for example by litter or illegal dumping, the Borough Manager may authorize the clean up and discard the solid waste in a lawful manner and then charae the oriainal aenerator for the related solid waste handling costs B. Solid Waste Removal Without Permission. No person may remove solid waste from another subscribers container, except the following: 1. The contract hauler: Ordinance No. FY2026-18 VERSION 2 Page 15 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 53 of 198 AGENDA ITEM #10.C. 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 U1111111111111 549 550 551 552 553 554 555 556 557 558 559 560 2. A law enforcement officer; or 3. Someone authorized and directed by the Borough Manager. C. Use of Container Without Permission. No one may tamper with or use another subscriber's container for any purpose without the written permission of the subscriber who pays for the solid waste collection services with that container or owns the container. D. Violation. It is a violation of this section for a person to remove waste from a container or deposit waste in a container except as permitted by subsections B and C of this section. 8.25.130 Applicability of Federal, State, and Local Solid Waste Law. ProhnbitiOR OR buFRORg of solid waste, Solid waste law and the rules, regulations, provisions, and conditions promulgated under that law (as they may be amended, repealed, or replaced) apply in the Borough, and failure to comply with Federal State or Local solid waste law is a violation of this chapter. The Borough may, but is not obliaated to. take enforcement actions or seek remedies for violation of solid waste law. Examples of solid waste law follow: A. With respect to environmental protection: 1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 U.S.C. Sections 9601 et seq.) ("CERCLA"); 2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA"); Ordinance No. FY2026-18 VERSION 2 Page 16 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 54 of 198 AGENDA ITEM #10.C. 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 — 7642); and California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and Safety Code Sections 39000 et seq.); 4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et aeql 5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60); 6. Litter receptacles (18 AAC 64.005 — 18 AAC 64.250); 7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990); 8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and 9. Oil and other hazardous substances pollution control (18 AAC 75.005 — 18 AAC 75.990). B. With respect to solid waste handling labor: 1. Occupational Safetv and Health Act (29 U.S.C. Sections 651 et sea.). includina the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); 2. Immigration Reform and Control Act of 1986 (PL.99-603). C. Miscellaneous: 1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42). ford. FY2010-07 §3, 20101. 8.25.140 Administration, Implementation, and Enforcement. Solid aste handliRg se inoc The Borough Manager is authorized to administer, implement, and enforce this chapter and promulgate related solid waste policy, unless this chapter expressly names another person. The Borough Manager may request assistance from other persons or request that other persons administer, implement and enforce all or a portion of this chapter. Examples of other persons are: A. The director of finance or the auditor -controller, for example, with respect to collection of user fees; B. City of Kodiak police department; C. Borough attorney; D. Other borough departments; Ordinance No. FY2026-18 VERSION 2 Page 17 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 55 of 198 AGENDA ITEM #10.C. 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 E. District attorney; F. Alaska State Department of Environmental Conservation; G. Alaska Department of Fish and Game; H. Alaska State Troopers; and I. A code enforcement officer designated under KIBC 1.20.030. ford. FY2020-09 §7, 2020; Ord. FY2010- 07 §3, 20101. 8.25.150 Violations, Enforcement Actions, and Remedies. dal ronditionc of seNino A. Violations. 1. Per Failure. Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter constitutes a separate violation. For example, scavenging is a separate violation for each container from which materials are scavenged. 2. Per Day. Each day a violation continues is a separate violation. For example, storage of solid waste in a nuisance condition KIBC 8.25.060(B) is a separate violation for each day until the nuisance is abated. B. Enforcement Actions and Remedies. 1. Actual Violations. If the manager believes that someone has violated any provision of this chapter, whether that person is acting or failing to act in the capacity of a principal, agent, employee or otherwise, then the manager may institute any enforcement action and exercise any legal or equitable remedy available to the borough under law, such as the following: a. Civil actions seeking a penalty of up to $250.00 per violation, unless a separate fine for the violation is provided for in the Code; b. Civil actions seeking injunctive relief; c. Civil suits seeking damages or civil penalties, including the costs of any corrective action that the manager deems necessary to mitigate consequences of violations, whether acts or omissions; or d. Proceedings to declare a property a public nuisance and abate the nuisance as authorized by AS 46.03.870(c). 2. Imminent Violations. The manager may seek injunctive relief if the circumstances present an imminent threat to public health and safety, whether the person is acting or failing to act in the capacity of a principal, agent, employee, or otherwise. Ordinance No. FY2026-18 VERSION 2 Page 18 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 56 of 198 AGENDA ITEM #10.C. 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The manager may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The manager need not conclude any particular enforcement action or exhaust any particular remedy before instituting other enforcement action or exercising any other remedy. 4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for violation of this chapter are in addition to and not in lieu of any other penalty or remedy provided for in state law or otherwise. [Ord. FY2015-06 �2 (Exh. A), 2014; Ord. FY2010-07 §3, 20101. seFViGe GleaR, flushed and washed daily, well painted, and On good repair, OR reasonable judgment Ordinance No. FY2026-18 VERSION 2 Page 19 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 57 of 198 AGENDA ITEM #10. C. 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 Ordinance No. FY2026-18 VERSION 2 Page 20 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 58 of 198 AGENDA ITEM #10.C. 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 Ordinance No. FY2026-18 VERSION 2 Page 21 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 59 of 198 AGENDA ITEM #10.C. 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 InWIL MIN 11001-11M.M.M. NO Ordinance No. FY2026-18 VERSION 2 Page 22 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 60 of 198 AGENDA ITEM #10.C. 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 er Section 4. Amortization. The Provisions of subsection 8.25.030 as amended by this ordinance shall apply as of the effective date of this ordinance. The Assembly intends that any property owner who leases their Ordinance No. FY2026-18 VERSION 2 Page 23 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 61 of 198 AGENDA ITEM #10.C. 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 property to a tenant under lease terms which require the tenant to be the subscriber for solid waste services may still require that the tenant be responsible to the owner of the cost of those services, but the owner must be the subscriber responsible to the collection contractor for the service with the collection contractor as of the effective date of this ordinance. The Assembly intends that such owners may use the delayed period prior to the effective date of this ordinance to make appropriate adjustments to comply with the changes made by this ordinance. Effective Date: Section 4 of this Ordinance takes effect 30 days following adoption. The remainder of this ordinance takes effect upon June 30, 2027. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2025 KODIAK ISLAND BOROUGH Jared Griffin, Borough Mayor Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-18 VERSION 2 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 24 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 62 of 198 AGENDA ITEM #10.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 8 HEALTH AND SAFETY CHAPTER 8.25 SOLID WASTE COLLECTION AND DISPOSAL WHEREAS, the procedures set forth in Chapter 8.25 of the Kodiak Island Borough Code should be updated to clarify language and requirements of the public for solid waste services; and WHEREAS, the Kodiak Island Borough Assembly established the Solid Waste Contract Committee (SWCC) to evaluate, develop, and clarify inconsistencies and ambiguities present in the current solid waste contract and Borough Code; and WHEREAS, The SWCC was also tasked with developing a new contract for when the current contract expires and to provide suggest changes to the Borough Code; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 1.20.050, Fine Schedule, of the Kodiak Island Borough Code of Ordinances is amended to modify the references for violation of KIBC 8.25.070(B) to read as follows: KIBC 8.25.030 (A) Property Owner Not Subscribed to Solid $50 first offense Waste Services $100 second offense $300 third offense KIBC 8.25.030 (B)(3) Unauthorized Solid Waste Container $50 first offense $100 second offense $300 third offense KIBC 8.25.060 (B) Solid Waste Storage Causing Public $100 per day Nuisance KIBC 8.25.080 (D) Unauthorized Use of the Borough $100 first offense Landfill $300 second offense $1000 third offense KIBC 8.25.090 (E) Improper Hazardous Waste Disposal $100 first offense $300 second offense $1000 third offense KIBC 8.25.100 (C) Disposal of Unpermitted Solid Waste $100 first offense $300 second offense Ordinance No. FY2026-18 Page 1 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 63 of 198 AGENDA ITEM #10.C. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 $1000 third offense KIBC 8.25.110 (A) Burning of Solid Waste $100 first offense $300 second offense $1000 third offense KIBC 8.25.120 (D) Scavenging and Tampering of Solid $100 first offense Waste or Containers $300 second offense $1000 third offense Section 3: That Section 8.25 Solid Waste Collection and Disposal of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 8.25 SOLID WASTE COLLECTION AND DISPOSAL Sections: 8.25.010 Purpose. 8.25.020 Definitions. 8.25.030 Solid Waste Services. 8.25.040 Contract Hauler Refusal of Service. 8.25.050 Litter. 8.25.060 Solid Waste Accumulation and Prevention of Nuisance. 8.25.070 Transportation and Disposal of Solid Waste to Borough Landfill. 8.25.080 Baler Facility and Sanitary Landfill. 8.25.090 Disposal of Hazardous and Toxic Wastes: Used Motor Oil or Electronic Waste. 8.25.100 Prohibited Disposal. 8.25.110 Prohibition on Burning Solid Waste. 8.25.120 Prohibition of Scavenging and Tampering. 8.25.130 Applicability of Federal, State, and Local Solid Waste Law. 8.25.140 Administration, Implementation, and Enforcement. 8.25.150 Violations, Enforcement Actions and Remedies. 8.25.010 Purpose. As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to regulate the management of municipal solid waste, including storage, collection, processing, recovery, and disposal of solid waste, for the following reasons: A. To protect the public safety, health, and welfare of the people of the Borough; B. To protect, preserve, and enhance the environment of the people of the Borough; and Ordinance No. FY2026-18 Page 2 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 64 of 198 AGENDA ITEM #10.C. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 C. To provide fiscally responsible solid waste management. [Ord. FY2010-07 §3, 2010]. 8.25.020 Definitions. In this chapter, each of the following terms has the respective corresponding meaning: "Bear cart" means a cart designed to be resistant to opening by bears. "Borough landfill" means the landfill owned by the Borough. "Bulky item(s)" means any large item of solid waste that will not fit through a roll -cart, dumpster or roll off container door or opening that is generated at a premises or unit and discarded at the Borough Landfill. "C&D (construction and demolition) debris" means any solid waste generated at a construction site either residential or commercial. C&D debris must either be transported by the solid waste generator to the Landfill or be collected under the on -call temporary dumpster collection service section of the approved collection contract, such as the following: 1. Bundled yard waste, branches; 2. Sod, soil and rock; 3. Broken concrete and asphalt; 4. Brick, block, and stone; 5. Railroad ties or similar type of retaining wall timbers; 6. Remodeling debris; 7. Carpeting; 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 9. Windows and doors; and 10. Lumber. "Cart" or "Roll -Cart' means a wheeled receptacle for storing solid waste that can be emptied by either semi- or fully -automated vehicles. "Collection contract" means the contract described between the contract hauler and the Borough for collection of solid waste and transportation to the Borough landfill. "Collection service area" means all premises or units serviced by an electrical meter accessible via roads maintained by the state of Alaska, the Borough, the City of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the Borough, except for the USCG facilities and past milepost one of Anton Larsen Road. Ordinance No. FY2026-18 Page 3 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 65 of 198 AGENDA ITEM #10.C. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 "Commercial" describes people, such as customers; places, such as premises; or things, such as carts or types of solid waste; in the Borough that are used for business functions, such as generating income. This includes apartment complexes that have five (5) or more units. "Commercial Hazardous Waste" means hazardous waste generated on a commercial premises. "Compactor" means a receptacle containing a ram that pushes and compresses waste into a container or bale. "Contract hauler" means the contractor under the municipal solid waste collection contract. "Container" means any type of storage receptacle for solid waste; cart, dumpster, or roll off. "Dead animal" means the carcass from an animal, large or small, except part of an animal used for food or other beneficial purpose in accordance with federal, state or local laws and regulations. Does not include fish or other primarily aquatic animal. "Disposal" or "dispose" means the act or action of discarding solid waste. "Dumpster" means a receptacle for storing solid waste that is picked up with front-end loading vehicles. "Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological wastes, radioactive materials, explosive or highly flammable materials, oil and petroleum products, and burning or smoldering materials. "Household hazardous waste" means hazardous waste generated on residential premises. "Litter" means solid waste that is left lying in an open or public place. "Manager" means the Borough Manager or designee. "Multipurpose" means a premises that serves more than one purpose. For example, a multipurpose premises may include office spaces, retail shops, and residential apartments within the same structure. "Premises" means property having any habitable building or unit, serviced by an electrical meter, whether residential, multipurpose, or commercial. "Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use again or for a new use or function. "Residential premises" means any house, building, unit, structure, or shelter used as a dwelling, intended for living purposes. This includes apartments with four (4) or less units, houses, or mobile homes. "Roll -off" means an open -topped rectangular receptacle for storage, collection, and transport of solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). "Scavenging" means the controlled removal of waste materials for recycling or reuse. Ordinance No. FY2026-18 Page 4 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 66 of 198 AGENDA ITEM #10.C. 121 "Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published in 122 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, adopted by 123 reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer, 124 septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge, sewer 125 cleanout waste, barscreen grit, and wastewater treatment sludge. 126 "Solid waste" means "municipal solid waste" as defined in AS 46.03.900. 127 "Solid waste generator" means anyone who creates solid waste during everyday living and working. 128 "Solid waste storage" means the interim containment of solid waste, in an approved manner, after 129 generation and prior to collection and disposal. 130 "Subscriber" a person or business that is a customer of the contract hauler, i.e. owner of a 131 premises. 132 "Uninhabitable" means a premises that fails to meet basic habitability standards due to serious 133 defects or hazardous conditions, making it unfit for residential use. This includes situations where 134 the property is deemed unsuitable or unsafe for its indented use, typically living space. [Ord. 135 FY2020-09 §5, 2020; Ord. FY2010-07 §3, 2010]. 136 8.25.030 Solid Waste Service. 137 A. Every owner of a premises with any type of zoning in the collection service area that is 138 serviced through an electrical meter, except uninhabitable buildings that obtain a waiver, shall 139 subscribe and pay for solid waste service provided by the Borough's Contracted Waste Hauler. 140 1. Failure of an owner of a premises to subscribe for solid waste service as required 141 by this section shall be a violation. 142 B. Every subscriber of the solid waste service shall use a solid waste container provided by the 143 contract hauler. 144 1. Exceptions to this policy may be considered by the Borough or contract hauler if 145 the solid waste customer is unable to use the solid waste container provided by the contract 146 hauler due to lack of space, inability to manipulate the container, or other just cause. 147 2. Exceptions will not include using an unauthorized container due to the removal of 148 contract hauler's container for non-payment. If a container is removed for non-payment, the 149 subscriber is still responsible for maintaining and making payments on the account for the 150 premises. Any solid waste for that premises shall be properly disposed by transport directly to the 151 Landfill until the authorized container is replaced. 152 3. It shall be a violation of this section to use an unauthorized solid waste container. Ordinance No. FY2026-18 Page 5 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 67 of 198 AGENDA ITEM #10.C. 153 8.25.040 Contract Hauler Refusal of Service. 154 A. The contract hauler is not obligated to provide collection service in any of the events listed in 155 this section. 156 1. Solid Waste Only. No person may discard any material in a container for collection by 157 the contract hauler except solid waste. The contract hauler may inspect the contents of 158 any container. 159 2. Unsafe Condition. The contract hauler is unable to safely access the solid waste 160 container to be collected. 161 3. Loose Waste. The waste is not in a solid waste container. 162 8.25.050 Litter. 163 In addition to the prohibitions in Chapter 8.20 KIBC, no person may place or leave solid waste 164 outside a container or place solid waste in another subscriber's bin, cart, or roll -off without that 165 subscriber's consent. [Ord. FY2010-07 §3, 2010]. 166 8.25.060 Solid Waste Accumulation and Prevention of Nuisance. 167 A. Solid waste generators, or subscriber, may not accumulate or store solid waste at their 168 premises longer than the period between their regularly scheduled collections. 169 B. A solid waste generator, or subscriber, must keep solid waste stored at that premises as 170 follows: 171 1. In a clean and sanitary manner that does not create a public nuisance or health hazard. 172 2. In accordance with all other applicable federal, state and municipal statutes, ordinances, 173 rules, and regulations. 174 C. While storing or handling human food, animal food, or solid waste, no one may violate 5 AAC 175 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that 176 attracts game, deleterious exotic wildlife, dogs, cats, or other domesticated animals. 177 D. Failure to store solid waste in compliance with the standards of this section is a violation. In 178 the event of a violation of section B(1) or (2), the Borough may clean up solid waste that is not 179 kept as required and charge the solid waste generator or subscriber the cost, in addition to 180 prosecuting the subscriber for violation of this chapter. 181 8.25.070 Transportation To and Disposal of Solid Waste at the Borough 182 Landfill. 183 A. Transport. Everyone who transports solid waste materials that might blow, fall, spill, drop, leak, 184 sift, or otherwise escape from the transport vehicle during passage over a public all, street, or 185 road must contain the cargo to prevent improper release. Some examples of methods to contain 186 cargo include: Ordinance No. FY2026-18 Page 6 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 68 of 198 AGENDA ITEM #10.C. 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 1. Tight enclosure or container that is an integral part of the vehicle, or 2. A separate cover that is fastened onto the vehicle and secures the top and all sides of the cargo. B. Proper Disposal of Solid Waste. Solid waste generated in the collection service area must be disposed of only in the contract hauler's designated containers or at a state -permitted processing and disposal facility. C. Violation. It shall be a violation of this section to transport unsecured solid waste or dispose of solid waste in an unauthorized location. Any violation of this section will be treated as a violation of KIBC 8.20.010(D) and may be prosecuted as a violation of that section as outlined in section KIBC 1.20.050, Fine Schedule. 8.25.080 Baler Facility and Sanitary Landfill. A. The Borough will provide facilities for proper disposal of solid waste to the contract hauler and the public as approved by the Assembly. B. The Borough's Landfill is a disposal facility that has permitted requirements that must be followed. C. At the Borough Baler Facility and Sanitary Landfill, no person may do any of the following: 1. Enter outside of posted opening hours, unless authorized by the Borough; or 2. Deliver any materials prohibited in this section; or 3. Discard any material without paying applicable user fees under the Borough's Fee schedule. 4. Dispose of any material outside of the designated areas, as directed by the Borough. D. Violation. It shall be a violation if a person fails to comply with the rules of the landfill as outlined in subsection C of this section. 8.25.090 Disposal of Hazardous and Toxic Wastes. A. The Borough Landfill has permitted disposal requirements that must be followed. B. Non -Borough Materials Banned. No person may dispose of hazardous or toxic waste, or used motor oil, which has been generated from outside the Borough. C. Household Hazardous Waste. All waste determined to be household hazardous waste must be disposed of at the designated disposal location at the Borough landfill, or other designated facility operating in compliance with the law, or at a Borough sponsored collection event. The Borough will charge fees in accordance with the Kodiak Island Borough Fee Schedule as approved by the Assembly. Ordinance No. FY2026-18 Page 7 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 69 of 198 AGENDA ITEM #10.C. 219 220 221 222 223 Ird►.L! 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 D. Electronic Waste. All electronic waste must be disposed of at a facility designated by the Manager, or at a facility operating in compliance with the law and pay the charges established by the facility. E. Violation. Disposal of hazardous or toxic waste other than as permitted by this section is a violation. 8.25.100 Prohibited Disposal. A. Unpermitted. No person may deliver to, deposit at, or dispose in the Borough Landfill or any contract hauler containers the following materials; 1. Material prohibited under the Borough's solid waste disposal permit issued by the State of Alaska Department of Environmental Conservation; 2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75, or 18 AAC 78; and 3. Sewage sludge for which there are no test results acquired or submitted to the Borough, as required by law (e.g., 18 AAC 60.365) or as determined by the Borough Manager. B. Exceptions. Exempt waste are types of solid waste that are exempt from the solid waste regulations and do not require disposal in a permitted landfill. These wastes can be used as fill without approval from Alaska Department of Environmental Conservation. A list of examples of exempt waste below: 1. Uncontaminated dirt, rocks, and soil; 2. Tree limbs, stumps, foliage, and other woody debris; 3. Unpainted bricks, mortar, Portland cement type concrete (including reinforcing steel that cannot be easily removed); 4. Glass crushed into %-inch minus; 5. Crushed asphalt, but only if the product is used; a. As fill material for a building pad or parking area; b. As road base beneath a parking area or road; c. As pavement on a building pad, parking area, or road; or, d. As a material to construct a containment berm for a tank farm. If someone was disposing of exempt waste, they must comply with the following requirements; 1. The exempt waste may not be mixed with non-exempt waste; ; 2. The exempt waste may not cause a public nuisance, environmental problem, or a threat to public health, safety, or welfare. Ordinance No. FY2026-18 Page 8 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 70 of 198 AGENDA ITEM #10.C. 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 3. The exempt waste may not be placed in surface water (creeks, ponds, etc.) without approval from other appropriate regulatory agencies. 4. The exempt waste may not be placed without landowner approval. C. Violation. It shall be a violation to dispose of waste in an unpermitted manner except as permitted by subsection B 8.25.110 Prohibition on Burning Solid Waste. In addition to complying with KIBC 8.35, no person may burn any materials that cause odor or black smoke that has an adverse effect on nearby persons or property, as determined by the Borough Manager, including the following: 1. Animal carcasses; 2. Petroleum -based materials such as plastic bags, or other materials contaminated with petroleum or petroleum derivatives; and 3. Any other solid waste. A. Burning of materials as prohibited by this section is a violation. 8.25.120 Prohibition of Scavenging and Tampering. A. Ownership. Solid Waste, or any other discarded material, remains the property of the generator until the occurrence of the following: 1. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant customer discards a beverage container into a refuse receptacle provided by the restaurant where the customer purchased the beverage; or an automobile passenger discards litter in a refuse receptacle located at a gas station for use of customers. 2. Self -Haul. The subscriber or waste generator delivers and deposits the solid waste at the Borough landfill or into a public roll -off container. 3. Contract Hauler Collection. The contract hauler collects the solid waste from the subscriber's set -out site and recycles or disposes of it in accordance with the law. Absent the occurrence of these events, solid waste, or other material, remains the property of the generator even if the generator abandons the solid waste, exercises no dominion or control over the solid waste, or asserts no ownership of the solid waste. If the generator abandons the solid waste, for example by litter or illegal dumping, the Borough Manager may authorize the clean up and discard the solid waste in a lawful manner and then charge the original generator for the related solid waste handling costs. B. Solid Waste Removal Without Permission. No person may remove solid waste from another subscribers container, except the following: Ordinance No. FY2026-18 Page 9 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 71 of 198 AGENDA ITEM #10.C. 286 1. The contract hauler; 287 2. A law enforcement officer; or 288 3. Someone authorized and directed by the Borough Manager. 289 C. Use of Container Without Permission. No one may tamper with or use another subscriber's 290 container for any purpose without the written permission of the subscriber who pays for the solid 291 waste collection services with that container or owns the container. 292 D. Violation. It is a violation of this section for a person to remove waste from a container or 293 deposit waste in a container except as permitted by subsections B and C of this section. 294 8.25.130 Applicability of Federal, State, and Local Solid Waste Law. 295 Solid waste law and the rules, regulations, provisions, and conditions promulgated under that law 296 (as they may be amended, repealed, or replaced) apply in the Borough, and failure to comply with 297 Federal State or Local solid waste law is a violation of this chapter. The Borough may, but is not 298 obligated to, take enforcement actions or seek remedies for violation of solid waste law. 299 Examples of solid waste law follow: 300 A. With respect to environmental protection: 301 1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 302 U.S.C. Sections 9601 et seq.) ("CERCLA"); 303 2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA"); 304 3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 — 7642); and 305 California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and 306 Safety Code Sections 39000 et seq.); 307 4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et 308 seq.); 309 5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60); 310 6. Litter receptacles (18 AAC 64.005 — 18 AAC 64.250); 311 7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990); 312 8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and 313 9. Oil and other hazardous substances pollution control (18 AAC 75.005 — 18 AAC 314 75.990). 315 B. With respect to solid waste handling labor: 316 1. Occupational Safety and Health Act (29 U.S.C. Sections 651 et seq.), including the 317 Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 318 (40 C.F.R., Parts 257 and 258); 319 2. Immigration Reform and Control Act of 1986 (PL.99-603). Ordinance No. FY2026-18 Page 10 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 72 of 198 AGENDA ITEM #10.C. 320 C. Miscellaneous: 321 1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42). [Ord. FY2010-07 §3, 322 2010]. 323 324 8.25.140 Administration, Implementation, and Enforcement. 325 The Borough Manager is authorized to administer, implement, and enforce this chapter and 326 promulgate related solid waste policy, unless this chapter expressly names another person. The 327 Borough Manager may request assistance from other persons or request that other persons 328 administer, implement and enforce all or a portion of this chapter. Examples of other persons are: 329 A. The director of finance or the auditor -controller, for example, with respect to collection of user 330 fees; 331 B. City of Kodiak police department; 332 C. Borough attorney; 333 D. Other borough departments; 334 E. District attorney; 335 F. Alaska State Department of Environmental Conservation; 336 G. Alaska Department of Fish and Game; 337 H. Alaska State Troopers; and 338 I. A code enforcement officer designated under KIBC 1.20.030. [Ord. FY2020-09 §7, 2020; Ord. FY2010- 339 07 §3, 2010]. 340 8.25.150 Violations, Enforcement Actions, and Remedies. 341 A. Violations. 342 1. Per Failure. Each failure to comply with any provision of this chapter or any regulation 343 promulgated under this chapter constitutes a separate violation. For example, 344 scavenging is a separate violation for each container from which materials are 345 scavenged. 346 2. Per Day. Each day a violation continues is a separate violation. For example, storage 347 of solid waste in a nuisance condition KIBC 8.25.060(B) is a separate violation for each 348 day until the nuisance is abated. 349 B. Enforcement Actions and Remedies. 350 1. Actual Violations. If the manager believes that someone has violated any provision of 351 this chapter, whether that person is acting or failing to act in the capacity of a principal, 352 agent, employee or otherwise, then the manager may institute any enforcement action Ordinance No. FY2026-18 Page 11 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 73 of 198 AGENDA ITEM #10.C. 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 and exercise any legal or equitable remedy available to the borough under law, such as the following: a. Civil actions seeking a penalty of up to $250.00 per violation, unless a separate fine for the violation is provided for in the Code; b. Civil actions seeking injunctive relief; c. Civil suits seeking damages or civil penalties, including the costs of any corrective action that the manager deems necessary to mitigate consequences of violations, whether acts or omissions; or d. Proceedings to declare a property a public nuisance and abate the nuisance as authorized by AS 46.03.870(c). 2. Imminent Violations. The manager may seek injunctive relief if the circumstances present an imminent threat to public health and safety, whether that person is acting or failing to act in the capacity of a principal, agent, employee, or otherwise. 3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The manager may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The manager need not conclude any particular enforcement action or exhaust any particular remedy before instituting other enforcement action or exercising any other remedy. 4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for violation of this chapter are in addition to and not in lieu of any other penalty or remedy provided for in state law or otherwise. [Ord. FY2015-06 §2 (Exh. A), 2014; Ord. FY2010-07 §3, 2010]. Section 4: Amortization. The Provisions of subsection 8.25.030 as amended by this ordinance shall apply as of the effective date of this ordinance. The Assembly intends that any property owner who leases their property to a tenant under lease terms which require the tenant to be the subscriber for solid waste services may still require that the tenant be responsible to the owner of the cost of those services, but the owner must be the subscriber responsible to the collection contractor for the service with the collection contractor as of the effective date of this ordinance. The Assembly intends that such owners may use the delayed period prior to the effective date of this ordinance to make appropriate adjustments to comply with the changes made by this ordinance. Ordinance No. FY2026-18 Page 12 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 74 of 198 AGENDA ITEM #10.C. 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 Effective Date: Section 4 of this Ordinance takes effect 30 days following adoption. The remainder of this ordinance takes effect upon June 30, 2027. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH ATTEST: Jared Griffin, Borough Mayor Nova M. Javier, MMC, Borough Clerk Introduced by: [Mayor, Assembly, Committee, or Manager} First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-18 Page 13 of 13 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 75 of 198 AGENDA ITEM #10.C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2026-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 8 HEALTH AND SAFETY CHAPTER 8.25 SOLID WASTE COLLECTION AND DISPOSAL WHEREAS, the procedures set forth in Chapter 8.25 of the Kodiak Island Borough Code should be updated to clarify language and requirements of the public for solid waste services; and WHEREAS, the Kodiak Island Borough Assembly established the Solid Waste Contract Committee (SWCC) to evaluate, develop, and clarify inconsistencies and ambiguities present in the current solid waste contract and Borough Code; and WHEREAS, The SWCC was also tasked with developing a new contract for when the current contract expires and to provide suggest changes to the Borough Code; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 1.20.050, Fine Schedule, of the Kodiak Island Borough Code of Ordinances is amended to modify the references for violation of KIBC 8.25.070(B) to read as follows: KIBG 8.25.070(B)(3)(b) Selid Waste Storage Set Out $50 and (1 ^f�) effense) rd $-r-8 offense), Spelled %Naste Sterage and Set Out (4 $fig and s bsequon+ of en e&) KIBC 8.25.030 (A) Property Owner Not Subscribed to Solid $50 first offense $100 second offense Waste Services $300 third offense KIBC 8.25.030 (B)(3) Unauthorized Solid Waste Container $50 first offense $100 second offense $300 third offense KIBC 8.25.060 (B) Solid Waste Storage Causing Public $100 per day Nuisance Ordinance No. FY2026-18 Page 1 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 76 of 198 AGENDA ITEM #10.C. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 KIBC 8.25.080 (D) Unauthorized Use of the Borough $100 first offense $300 second offense Landfill $1000 third offense KIBC 8.25.090 (E) Improper Hazardous Waste Disposal $100 first offense $300 second offense $1000 third offense KIBC 8.25.100 (C) Disposal of Unpermitted Solid Waste $100 first offense $300 second offense $1000 third offense KIBC 8.25.110 (A) Burning of Solid Waste $100 first offense $300 second offense $1000 third offense KIBC 8.25.120 (D) Scavenging and Tampering of Solid $100 first offense $300 second offense Waste or Containers $1000 third offense Section 3: That Section 8.25 Solid Waste Collection and Disposal of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 8.25 SOLID WASTE COLLECTION AND DISPOSAL Sections: 8.25.010 Purpose. 8.25.020 Definitions. 8.25.030 Solid Waste Services. S6nstructf6r. 8.25.040 Contract Hauler Refusal of Service. Selod waste -;;Rd r entmen of A, ARRAP 8.25.050 Litter. 8.25.060 Solid Waste Accumulation and Prevention of Nuisance. Solid waste GGI!eGtaE)R 8.25.070 Transportation and Disposal of Solid Waste to Borough Landfill. Solid waste storage and set out. 8.25.080 Baler Facility and Sanitary Landfill. 8.25.090 Disposal of Hazardous and Toxic Wastes: Used Motor Oil or Electronic Waste. 8.25.100 Prohibited Disposal. T-FaRspeFtatie , 8.25.110 Prohibition on Burning Solid Waste. Disf 8.25.120 Prohibition of Scavenging and Tamped wastes Used metAr oil—€lestmp;0 g;; Ordinance No. FY2026-18 Page 2 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 77 of 198 AGENDA ITEM #10.C. 52 8.25.130 Applicability of Federal, State, and Local Solid Waste Law. Prohibition en burning 53 of ro s„ -�.,d ,i- +o 54 8.25.140 Administration, Implementation, and Enforcement. S lid waste handliRg seF 55 8.25.150 Violations, Enforcement Actions and Remedies. General Genditions f seNi e 56 8.25.160 Prohibition of d tampering. 57 8.25.170 Q ;ership. 58 822 5.1 A-0-Baler faaGilitty and sanitary landfill 59 8- . 2-6190 1 1ser fen sr.h,ed- IIo 60 8i5.200Prohibiteddisposal. 61 8i5.2100App'4cabil„ity f f ', state, and local sel'„d waste 62 8.25.220 Administration, implementation, and enforcement. 63 6z2�30 Repealed. 64 R-. '�.P-nn Violations, enforcementactionsand remedie-. L CTI�V IO l 65 8.25.010 Purpose. 66 As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to regulate the management of 67 municipal solid waste, including storage, collection, processing, recovery, and disposal of solid 68 waste, for the following reasons: 69 A. To protect the public safety, health, and welfare of the people of the Bborough; 70 B. To protect, preserve, and enhance the environment of the people of the Bborough; and 71 C. To provide fiscally responsible solid waste management. [Ord. FY2010-07 §3, 2010]. 72 8.25.020 Definitions. 73 In this chapter, each of the following terms has the respective corresponding meaning: 74 "Bear cart' means a cart designed to be resistant to opening by bears. 75 , 76 these having a three te eight yaFd GapaGity, SeMetirni-91-3 referri-md- W -AS; -;; 'Aurnpster." 77 78 "Borough landfill' means the landfill owned by the Bborough. 79 "Bulky item(s)" means any large item of solid waste that will not fit through a roll -cart, dumpster or 80 roll off container door or opening that is generated at a premises or unit and discarded at the 81 Borouah Landfill. asdleterra;rTed fry+;rr,ete tome ham, +he rn;; n,4ta Whi h PRA hp ;;;foP.,nf tzd by Ordinance No. FY2026-18 Page 3 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 78 of 198 AGENDA ITEM #10.C. 11 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 "C&D (construction and demolition) debris" means any solid waste diSGarded on d +ors er ro - „ff that the traA+ h;„d r generated at a construction site either residential or commercial. C&D debris must either be transported by the solid waste generator to the Landfill or be collected under the on -call temporary dumpster collection service section of the approved collection contract, such as the following: 1. Bundled yard waste, branches; 2. Sod, soil and rock; Ordinance No. FY2026-18 Page 4 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 79 of 198 AGENDA ITEM #10.C. 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 M 147 148 3. Broken concrete and asphalt; 4. Brick, block, and stone; 5. Railroad ties or similar type of retaining wall timbers; 6. Remodeling debris; 7. Carpeting; 8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures; 9. Windows and doors; and 10. Lumber. "Cart" or "Roll -Cart" means a wheeled receptacle for storing solid waste that can be emptied by either semi- or fully -automated vehicles. "Collection contract" means the contract described between the contract hauler and the Bborough for collection of solid waste and transportation to the Bborough landfill. "Collection service area" means all premises or units serviced by an electrical meter accessible via roads maintained by the state of Alaska, the Bborough, the Csity of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the Bborough, except for the USCG facilities and past milepost one of Anton Larsen Road. "Commercial" describes people, such as customers; places, such as premises; or things, such as carts or types of solid waste; in the Bborough that are used for business functions, such as generating income. This includes apartment complexes that have five (5) or more units. eet residential or multifamily. "Commercial Hazardous Waste" means hazardous waste generated on a commercial premises. "Compactor" means a receptacle containing a ram that pushes and compresses waste into a container or bale. "Contract hauler" means the contractor under the municipal solid waste collection contract. "Container" means any type of storage receptacle for solid waste; cart, dumpster, or roll off. Ordinance No. FY2026-18 Page 5 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 80 of 198 AGENDA ITEM #10.C. 149 "Dead animal" means the carcass from an animal, large or small, except part of an animal used for 150 food or other beneficial purpose in accordance with federal, state or local laws and regulations. Does 151 not include fish or other primarily aquatic animal. 152 "Disposal" or "dispose" means the act or action of discarding solid waste. 153 "Dumpster" means a receptacle for storing solid waste that is picked up with front-end loading 154 vehicles. 155 156 "Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS 157 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological wastes, 158 radioactive materials, explosive or highly flammable materials, oil and petroleum products, and 159 burning or smoldering materials. 160 "Household hazardous waste" means hazardous waste generated on residential premises. 161 "Litter" means solid waste that is left lying in an open or public place. 162 163 "Manager" means the Bborough Mreanager or designee. 164 165 harts er types of solid waste OR the hero, gh that a not residential . 166 "Multifamily prernises" means pFernises that are net residential premises, and theFefGFe Gentains 167 168 169 "Multipurpose" means a premises that serves more than one purpose. For example, a 170 multipurpose premises may include office spaces, retail shops, and residential apartments within 171 the same structure. 172 173 "Premises" means property having any habitable building or unit, serviced by an electrical meter, 174 whether residential, multipurpose, multifamily, roily, or commercial. 175 "Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use again or 176 for a new use or function. 177 "Residential premises" means any house, building, unit, structure, or shelter used as a dwelling, 1178 intended for living purposes. This includes apartments with four (4) or less units, houses, or mobile 179 homes. A premises eetine heth of the feueWine ,.enaitienS. 180 1 It ee�n.toiin. o fie,e er three dwelling u nit(s); and 181 2. EaGh dwelling URit iS GGGUpied by related individuals, or by five or feweF UnFelated iRdiVidUalS. 182 183 "Roll -off' means an open -topped rectangular receptacle for storage, collection, and transport of solid 184 waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks). Ordinance No. FY2026-18 Page 6 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 81 of 198 AGENDA ITEM #10.C. 185 "Scavenging" means the controlled removal of waste materials for recycling or reuse 186 "Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published in 187 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, adopted by 188 reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer, 189 septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge, sewer 190 cleanout waste, barscreen grit, and wastewater treatment sludge. 191 "Solid waste" means "municipal solid waste" as defined in AS 46.03.900. 192 193 . 194 . 195 196 "Solid waste generator" means anyone who creates solid waste during everyday living and working. 197 "Solid waste storage" means the interim containment of solid waste, in an approved manner, after 198 generation and prior to collection and disposal. 199 "Subscriber" a person or business that is a customer of the contract hauler, i.e. owner of a 200 premises. 201 202 "Uninhabitable" means a premises that fails to meet basic habitability standards due to serious 203 defects or hazardous conditions, making it unfit for residential use. This includes situations where 204 the property is deemed unsuitable or unsafe for its indented use, typically living space. [Ord. 205 FY2020-09 §5, 2020; Ord. FY2010-07 §3, 2010]. 206 8.25.030 Solid Waste Service. 207 A. Every owner of a premises with any type of zoning in the collection service area that is 208 serviced through an electrical meter, except uninhabitable buildings that obtain a waiver, shall 209 subscribe and pay for solid waste service provided by the Borough's Contracted Waste Hauler. 210 1. Failure of an owner of a premises to subscribe for solid waste service as required 211 by this section shall be a violation. 212 ,4 , 213 214 sectie+. 215 B. Every subscriber of the solid waste service shall use a solid waste container provided by the 216 contract hauler. Ordinance No. FY2026-18 Page 7 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 82 of 198 AGENDA ITEM #10.C. 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 1. Exceptions to this policy may be considered by the Borough or contract hauler if the solid waste customer is unable to use the solid waste container provided by the contract hauler due to lack of space, inabilitV to manipulate the container, or other lust cause. 2. Exceptions will not include using an unauthorized container due to the removal of contract hauler's container for non-payment. If a container is removed for non-payment, the subscriber is still responsible for maintaining and making payments on the account for the Premises. Any solid waste for that premises shall be properly disposed bV transport directly to the Landfill until the authorized container is replaced. Deso ees Reference to any individual n h.. +i+lo r.h as the m i.I, Ops roforRArP to +ho rlooir.noo f(l rr! CV7h� 11 !17 4301.3. It shall be a violation of this section to use an unauthorized solid waste container. 8.25.040 Contract Hauler Refusal of Service. Solid waste aGG61MUlatmen and prevenfien Of nuicanno A. The contract hauler is not obligated to provide collection service in any of the events listed in this section. 1. Solid Waste Only. No person may discard any material in a container for collection bV the contract hauler except solid waste. The contract hauler maV inspect the contents of any container. 2. Unsafe Condition. The contract hauler is unable to safely access the solid waste container to be collected. 3. Loose Waste. The waste is not in a solid waste container. Ordinance No. FY2026-18 Page 8 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 83 of 198 AGENDA ITEM #10.C. 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 8.25.050 Litter. In addition to the prohibitions in Chapter 8.20 KIBC, no person may place or leave solid waste outside a container or place solid waste in another subscriber's persen's bin, cart, or roll -off without that subscriber's PerseR-s consent. [Ord. FY2010-07 §3, 2010]. 8.25.060 Solid Waste Accumulation and Prevention of Nuisance. c^'od te Gone GtOO i oonrino A. Solid waste generators, or subscriber, may not accumulate or store solid waste at their premises longer than the period between their regularly scheduled collections. B. A solid waste aenerator. or subscriber. must keep solid waste stored at that premises as follows: 1. In a clean and sanitary manner that does not create a public nuisance or health hazard. 2. In accordance with all other applicable federal, state and municipal statutes, ordinances, rules, and regulations. C. While storing or handling human food, animal food, or solid waste, no one may violate 5 AAC 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that attracts aame. deleterious exotic wildlife. doas. cats. or other domesticated animals. D. Failure to store solid waste in compliance with the standards of this section is a violation. In the event of a violation of section BM or (2), the Borough may clean up solid waste that is not kept as required and charge the solid waste generator or subscriber the cost, in addition to prosecuting the subscriber for violation of this chapter. Ordinance No. FY2026-18 Page 9 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 84 of 198 AGENDA ITEM #10.C. 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 8.25.070 Transportation To and Disposal of Solid Waste at the Borough Landfill. Solid waste storage and set out. A. Transaort. Evervone who transports solid waste materials that miaht blow. fall. spill. drop. leak sift, or otherwise escape from the transport vehicle during passage over a public all, street, or road must contain the cargo to prevent improper release. Some examples of methods to contain cargo include: 1. Tight enclosure or container that is an integral part of the vehicle, or 2. A separate cover that is fastened onto the vehicle and secures the top and all sides of the cargo. A. StoFage. EaGh selid waste generator is responsible fbr the plaGeMeRt of that person's Gart so that it will net easily be topped, 66IGh as by an animal er the I.A.dAt-1. Lids en bins; er r__aarfis must be, kept Glesed te keep eut raiR, SRE)w, and aRimals. Surplus liquids rRust be dFa'Red frem selid waste and gloged OR watertight hogs hefere disgordigg them in ARWRers B. Proper Disposal of Solid Waste. Solid waste generated in the collection service area must be disposed of only in the contract hauler's designated containers or at a state -permitted processing and disoosal facilitv. C. Violation. It shall be a violation of this section to transport unsecured solid waste or dispose of solid waste in an unauthorized location. Any violation of this section will be treated as a violation of KIBC 8.20.010(D) and may be prosecuted as a violation of that section as outlined in section KIBC 1.20.050, Fine Schedule. Ordinance No. FY2026-18 Page 10 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 85 of 198 AGENDA ITEM #10.C. 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 8.25.080 Baler Facility and Sanitary Landfill. Solid waste diSGard. A. The Borough will provide facilities for proper disposal of solid waste to the contract hauler and the public as approved by the Assembly. Ordinance No. FY2026-18 Page 11 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 86 of 198 AGENDA ITEM #10.C. 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 B. The Borough's Landfill is a disposal facility that has permitted requirements that must be followed. C. At the Borouah Baler Facilitv and Sanitary Landfill. no person may do anv of the followin 1. Enter outside of posted opening hours, unless authorized by the Borouqh; or 2. Deliver any materials prohibited in this section; or 3. Discard any material without paying applicable user fees under the Borough's Fee schedule. 4. Dispose of any material outside of the designated areas, as directed by the Borough. D. Violation. It shall be a violation if a person fails to comply with the rules of the landfill as outlined in subsection C of this section. 8.25.090 Disposal of Hazardous and Toxic Wastes. Billing and ^^"eGtion A. The Borough Landfill has permitted disposal requirements that must be followed. Ordinance No. FY2026-18 Page 12 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 87 of 198 AGENDA ITEM #10.C. 405 B. Non -Borough Materials Banned. No person may dispose of hazardous or toxic waste, or used 406 motor oil, which has been generated from outside the Borough. 407 408 C. Household Hazardous Waste. All waste determined to be household hazardous waste must 409 be disposed of at the designated disposal location at the Borough landfill, or other designated 410 facility operating in compliance with the law, or at a Borough sponsored collection event. The 411 Borough will charge fees in accordance with the Kodiak Island Borough Fee Schedule as 412 approved by the Assembly. 413 414 D. Electronic Waste. All electronic waste must be disposed of at a facility designated by the 415 Manager, or at a facility operating in compliance with the law and pay the charges established by 416 the facility. 417 418 E. Violation. Disposal of hazardous or toxic waste other than as permitted by this section is a 419 violation. 420 421 422 for solid waste ooiion+ion GeNiGe at the following times• 423 1. Monthly by the twenty fw#h day of eaGh FnGRth, 'R advanGe, or other time provided 'R the 424 roils +io., +raGt; GF 425 `'. As determ:aed by the maRager. 426 B. Late Fees. if the GE)RtraGt hauler 'S REA timely paid, the GE)RtraGt hauler may GhaFge the 427 f.,iie WiRg late payment foes. 428 1. Established uRder the GE)"ect;once� , o 429 . 430 G. Deposits. if, fellewing request by the GGntraGt hauler, the bereugh reasenably determines tha 431 432 433 434 requested, or other amount determined by the manager. The Gc)ntraGt hauler may retain the 435 436 437 . 438 FY2010 m an 204%. 439 8.25.100 Prohibited Disposal. TraRsp 440 A. Unpermitted. No person may deliver to, deposit at, or dispose in the Borough Landfill or any 441 contract hauler containers the following materials; 442 1. Material prohibited under the Borough's solid waste disposal permit issued by the 443 State of Alaska Department of Environmental Conservation; 444 2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75, or 18 AAC 78; 445 and Ordinance No. FY2026-18 Page 13 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 88 of 198 AGENDA ITEM #10.C. 446 3. Sewage sludge for which there are no test results acquired or submitted to the 447 Borough, as required by law (e.g., 18 AAC 60.365) or as determined by the Borough 448 Manager. 449 450 B. Exceptions. Exempt waste are types of solid waste that are exempt from the solid waste 451 regulations and do not require disposal in a permitted landfill. These wastes can be used as fill 452 without approval from Alaska Department of Environmental Conservation. A list of examples of 453 exempt waste below: 454 1. Uncontaminated dirt, rocks, and soil; 455 2. Tree limbs, stumps, foliage, and other woody debris; 456 3. Unpainted bricks, mortar, Portland cement type concrete (including reinforcing steel 457 that cannot be easily removed); 458 4. Glass crushed into 3/4-inch minus; 459 5. Crushed asphalt, but only if the product is used; 460 a. As fill material for a building pad or parking area; 461 b. As road base beneath a parking area or road; 462 c. As pavement on a building pad, parking area, or road; or, 463 d. As a material to construct a containment berm for a tank farm. 464 465 If someone was disposing of exempt waste, they must comply with the following requirements; 466 1. The exempt waste may not be mixed with non-exempt waste; 467 2. The exempt waste may not cause a public nuisance, environmental problem, or a threat 468 to public health, safety, or welfare. 469 3. The exempt waste may not be placed in surface water (creeks, ponds, etc.) without 470 approval from other appropriate regulatory agencies. 471 4. The exempt waste may not be placed without landowner approval. 472 473 C. Violation. It shall be a violation to dispose of waste in an unpermitted manner except as 474 permitted by subsection B 475 476 , 477 spill, drep, leak, sift, or ethepwise eSGape fFE)rR the tFaRSPE)Ft vehiGle dUFiRg passage E)veF a publiG 478 alley, street, er re -ad Must r� +o�+he Grge by either of the following Fn 479 A. Tight eRGIeSUFe OF GGRta.Rer that is a„ iRtenral part of the . ehiGle; er 480 B. A separate that is faste—ned A-.AtA- the vezhir--le -AM-1 sen-wres the tep and all -sides; Of the 481 Gar [Orr FY2010 07 §3 2010 482 8.25.110 Prohibition on Burning Solid Waste. Disposal of selid waste. 483 In addition to complying with KIBC 8.35, no person may burn any materials that cause odor or 484 black smoke that has an adverse effect on nearby persons or property, as determined by the 485 Borough Manager, including the following: 486 1. Animal carcasses: Ordinance No. FY2026-18 Page 14 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 89 of 198 AGENDA ITEM #10.C. 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 2. Petroleum -based materials such as plastic baps, or other materials contaminated with petroleum or petroleum derivatives; and 3. Anv other solid waste. A. Burning of materials as prohibited by this section is a violation. 8.25.120 Prohibition of Scavenging and Tampering. Disposal of hazardeus aR d toxiG writes Used mri4 oil EleCtFO iin write A. Ownership. Solid Waste, or any other discarded material, remains the property of the generator until the occurrence of the following: 1. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant customer discards a beverage container into a refuse receptacle provided by the restaurant where the customer purchased the beverage; or an automobile passenger discards litter in a refuse receptacle located at a gas station for use of customers. 2. Self -Haul. The subscriber or waste generator delivers and deposits the solid waste at the Borough landfill or into a public roll -off container. 3. Contract Hauler Collection. The contract hauler collects the solid waste from the subscriber's set -out site and recycles or disposes of it in accordance with the law. Absent the occurrence of these events. solid waste. or other material. remains the property of the generator even if the generator abandons the solid waste, exercises no dominion or control over the solid waste, or asserts no ownership of the solid waste. If the generator abandons the solid waste, for example by litter or illegal dumping, the Borough Manager may authorize the clean up and discard the solid waste in a lawful manner and then charae the oriainal aenerator for the related solid waste handling costs B. Solid Waste Removal Without Permission. No person may remove solid waste from another subscribers container, except the following: 1. The contract hauler; 2. A law enforcement officer: or 3. Someone authorized and directed by the Borouah Ma C. Use of Container Without Permission. No one may tamper with or use another subscriber's container for any purpose without the written permission of the subscriber who pays for the solid waste collection services with that container or owns the container. Ordinance No. FY2026-18 Page 15 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 90 of 198 AGENDA ITEM #10.C. 527 D. Violation. It is a violation of this section for a person to remove waste from a container or 528 deposit waste in a container except as permitted by subsections B and C of this section. 529 530 531 Fnotw EA ..hish is a rated frerR outside the here gh OR the here gh 532 —B. Re-sideptial Used MoteF Oil. Everyone must dispese of aRy used motor oil generated on 533 . 534 . 535 536 537 . 538 G. Household Hazardous Waste. Everyone must dispose of household hazardous waste at the 539 borough landfill, or other borough facility or sponsored GO'lection event, and pay the borough the 540 fellew'Rg foes n ether foes as determined by the manag 541 542 -2. Mere th-AA nn pounds per enth fn-r the nhargeORthbereughuser fee snh dude. 543 EveFYORe must dispose of e!eGtFE)R'G waste, GE)MpUteF ME)Rit9FS, Gathade ray tubeS, G'FGU't board 544 , 545 , 546 . 547 FY20I0 07 §3 2n44 548 8.25.130 Applicability of Federal, State, and Local Solid Waste Law. 549 Prohibition on burning of solid waste- 550 Solid waste law and the rules, regulations, provisions, and conditions promulgated under that law 551 (as they may be amended, repealed, or replaced) apply in the Borough, and failure to comply with 552 Federal State or Local solid waste law is a violation of this chapter. The Borough may, but is not 553 obligated to, take enforcement actions or seek remedies for violation of solid waste law. 554 555 Examples of solid waste law follow: 556 557 A. With respect to environmental protection: 558 1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 559 U.S.C. Sections 9601 et seq.) (°CERCLA°); 560 2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA"); 561 3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 - 7642); and 562 California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and 563 Safety Code Sections 39000 et seg.); 564 4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et 565 se 566 5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60); 567 6. Litter receptacles (18 AAC 64.005 - 18 AAC 64.250): Ordinance No. FY2026-18 Page 16 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 91 of 198 AGENDA ITEM #10.C. 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990); 8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and 9. Oil and other hazardous substances pollution control (18 AAC 75.005 — 18 AAC 75.990). B. With respect to solid waste handling labor: 1. Occupational Safetv and Health Act (29 U.S.C. Sections 651 et sea.). includina the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); 2. Immigration Reform and Control Act of 1986 (PL.99-603). C. Miscellaneous: 1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42). fora. FY2010-07 §3, 20101. 8.25.140 Administration. ImDlementation, and Enforcement. Soledce The Borough Manager is authorized to administer, implement, and enforce this chapter and promulgate related solid waste policy, unless this chapter expressly names another person. The Borough Manager may request assistance from other persons or request that other persons administer, implement and enforce all or a portion of this chapter. Examples of other persons are: A. The director of finance or the auditor -controller, for example, with respect to collection of user fees; B. City of Kodiak police department; C. Borough attorney; D. Other borough departments; E. District attorney; F. Alaska State Department of Environmental Conservation; G. Alaska Department of Fish and Game; H. Alaska State Troopers; and I. A code enforcement officer designated under KIBC 1.20.030. ford. FY2020-09 §7, 2020; Ord. FY2010- 07 §3, 20101. Ordinance No. FY2026-18 Page 17 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 92 of 198 AGENDA ITEM #10.C. 608 No one may direGtly OF indireGtly provide, organize, manage, d'FeGt, or sponser solid waste 609 610 A. The�.A-.AtraGt haler; and 611 612 613 8.25.150 Violations, Enforcement Actions, and Remedies. oaf 614 renditions of S8FViGe 615 A. Violations. 616 1. Per Failure. Each failure to comply with any provision of this chapter or any regulation 617 promulgated under this chapter constitutes a separate violation. For example, 618 scavenging is a separate violation for each container from which materials are 619 scavenged. 620 2. Per Day. Each day a violation continues is a separate violation. For example, storage 621 of solid waste in a nuisance condition KIBC 8.25.060(B) is a separate violation for each 622 day until the nuisance is abated. 623 624 B. Enforcement Actions and Remedies. 625 1. Actual Violations. If the manager believes that someone has violated any provision of 626 this chapter, whether that person is acting or failing to act in the capacity of a principal, 627 agent, employee or otherwise, then the manager may institute any enforcement action 628 and exercise any legal or equitable remedy available to the borough under law, such as 629 the following: 630 a. Civil actions seeking a penalty of up to $250.00 per violation, unless a separate 631 fine for the violation is provided for in the Code; 632 b. Civil actions seeking injunctive relief; 633 c. Civil suits seeking damages or civil penalties, including the costs of any 634 corrective action that the manager deems necessary to mitigate consequences 635 of violations, whether acts or omissions; or 636 d. Proceedings to declare a property a public nuisance and abate the nuisance as 637 authorized by AS 46.03.870(c). 638 2. Imminent Violations. The manager may seek injunctive relief if the circumstances 639 present an imminent threat to public health and safety, whether the person is acting or 640 failing to act in the capacity of a principal, agent, employee, or otherwise. 641 3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement 642 actions and remedies are cumulative, not mutually exclusive. The manager may institute 643 any single enforcement action or exercise any single remedy or a combination of multiple 644 enforcement actions and remedies, separately or simultaneously. The manager need 645 not conclude any particular enforcement action or exhaust any particular remedy before 646 instituting other enforcement action or exercising any other remedy. 647 4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for 648 violation of this chapter are in addition to and not in lieu of anv other penalty or remedv Ordinance No. FY2026-18 Page 18 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 93 of 198 AGENDA ITEM #10.C. 649 provided for In State law or otherwise. [Ord. FY2015-06 &2 (Exh. A), 2014; Ord. FY2010-07 &3, 650 20101. 651 A. Geries�ars. n � ,h, Friday, 5 n+il 5 e as-c�eler ed fry,=�'te 652 +ime h„ +hem Mager. 653 654 sePViGe GleaR, flushed and washed daily, well paiRted, and 'R good repair, 'R FeaSGRable judgrneRt 655 of the m 656 Q GaFts and gins. The GGRtraGt hauler will provide eveFYE)Re that reGeives Gapt or bi.. 657 658 .teeRtra Gt hauler, U Rloos othe aprovided in the ..elleGt'O , GE)RtraGt 659Nrotten 660 661 #eAewiRg: 662 1 . Type and a Gity of sUhseriherl G Rta!Reps; 663 2. The day, er days, of servise; 664 8. The1osat+0R of the eGRtafr+er set out site; 665 666 667 legal disc 668 5. C..he.Ji Je of m n+hly sepViGe GhaFges; 669 6. A deSGFiPtiGR of optional sepViGes, SUGh as SGheduled OF eR Gall GG11eGtiGR of bulky waste, 670 671 e tair,er eXGhaRges, biR 10Gks, etc., with appRsable GhargeTa d 672 7. AnYether matters required by the manager—[erd�2e�e-e�-�3, 673 825,160 Drohihit V n�scavenging and tampering. 674 675 r_-.A_nta;;0AP_.r mvitheut the written perrn0Sq_.0A_n of thtz er entity that pays for selid waste 676 677 q The nen+rnn+ hauler; 678 2. A law eRfGFGerneRt OffiGer., 679 8. AgnemplePee;er 680 681 aadifis 682 B. Use of Container- w4he,.+ oe *sien Ne a may tamper with eF use semeoRe else's 683 684 685 8.25.170 Ownership 686 687 e e of aRy of the feller. iRg a eRtS: 688 A. P—ubfiG TFesh Cans. The generater legally diGGards the solid waste; for example, a restaurant 689 690 691 e ee+aGle IGGated at a aas statiGR for a of Us+emers Ordinance No. FY2026-18 Page 19 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 94 of 198 AGENDA ITEM #10. C. 692 -R. self-Wa U1. The owner, GGG61 pant, Manager er ether peFSGR i R pessessien, Gharge er pentrel e 693 a prernises where solid waste is generated removes solid waste located on the prernises and 694 legally doSGaFdl-; the �.AV-;;ste; for example, a resident self hauls yard- tn- the bereugh 695 haler and Ia.AA4[ 696 G. GeptFaGt Hauler- Gefle6t4op. The GE)RtraGt hauler GE)I!eGts solid waste frarn its GusterReF and 697 PeGyGleS or disneses of it OR nrrla nneyVith law 698 Absent the eGGUrrenGe ef these eveRtS, 6010d waste, er ether rnateFial, remains the property of the 699 700 the solid waste E)F asseFtS RG GWRership of the selid waste. if the generator abandORS that solid 701 waste, fer example by litter er illegal dumping, the manager Fnay Glean 61p and diSGAM the selffid 702 waste and GhaFge the geRerateF the Felated selid waste handling GE)StS. [Ord. FY2010 07 §3, 2010]. 703 8'%'IR�aler fanility and sanitary landfill. 704 ' A " The ho ' rough will previde fer the dispes-al of sollid mvaste generated On the, 705 area, at the borough's baler faGility and sanitary landfill E)F at aRE)theF faGility E)F in another manner 706 appreved by the assembly, � , has Materials n StiRg faGili+., 707 B. At the berough baler faGility and saRitaFY landfill, RE) One May de any of the f0liewiRg' 708 709 2. Deliver any materials prohibited Under KIBC Q 25..209; or 710 3. Disr----ard- Any material witheut first paying appliGable use. I I ees r K I -R G 8- -2 -5. 19 Q; er 711 pp. DiSPE)Se Of any maternal OR an area other than a deSigRated area. [Ord. PY2010 07 §3, 2010]. 8 712 .25.10Uve%nn snhedule 713 A. EnterpAse Funding. By reselutien, the assembly will set fees fer selid waste m nagemeRt 714 715 716 717 . 718 B. Cash or- Gpeimimeirraiall Gharge AcGeunts. Ne one may deliver any material to a facility owned 719 720 assembly OR Gash i n deliver. nt the follo.e ORg 721 722 Gentractors that regularly deliver GonstrUGtion and demolition debris to the borough landfill, which 723 ma.. establish Gharge a nts Under si ibseGtinn Q of this se.-tien 724-�-r fee Schedule, which may provide fees for 725 di#eYz-rentGaa�rries of ser. nl� dinn the fellewinn• 726 1. Der 1--nit of weight s Gh as ton of solid waste; 727 2. Per Unit E)f tome, suGh as a half hour, fE)F materials that Fequire speGial handling by faE;61'ty 728 Personnel n deliy, arirtition to the a p"Gable fees per ten; 729 a. 1 OF types and aME)U RtS of h ZZardevSarnid- E))(OG WaSfe; 6r 730 4. For any materials. 731 D. Charge Asse..nfs The managerextend credit for user fees as follows: 732 , 733 All GFedit app"GatiORs are subjeGt to approval by the diFeGtor Of fiRaRGe in his diSGret'GR and this 734 Ordinance No. FY2026-18 Page 20 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 95 of 198 AGENDA ITEM #10. C. 735 736 established a record of timely payrnent. The borough is not obligated to eSGrow or pay interest on 737 +hiT; 738 739 d 740 3. The director of finance may revoke credit and Gharging privileges without notice to the charge 741 742 8.225.200 Prohibited disposal. 743 A. Unpermitted. No one may deliver to, deposit at, or dispose in the borough landfill any of the 744 fGlIeWiRg materiels. 745 1. Material prohibited undeF the borough's solid waste disposal permit issued by the Alaska State 746 Department of En„ irenmental Censer„etion; 747 -2. Peu„iFted- entem i n otedseil as d-efi nerl in - In Apr @n 14 nnr Zti „r - In AAG 79; and 748 3. Sewage sludge fer wh.Gh e test results,req fired by law (e.g.,18 n G 60.365) OF ag 749 determined by the manager, hew,e heen s uhmit+er! to the here unh 750 B. Exeeptions. Exempt waste de6GFibed below is prohibited frem disposal UR1ess it meets the 751 felle,w,ing requirements: 752 1. it is mixed with nonexempt waste; 753 -2. There iss a PUb1iG health, safety, er welfare threat A_.F P-RVOMRmental preblem asser-.0;;tind w0th 754 maRageMeRt of the exempt waste as de+ermiperl by the m 755 756 "Exempt wastes" means the felleu,'Rg. 757 1. Land- r.learing waste, ORGIUding eXGaVated dirt, FeGk, semi, butt ends, stumps, and ethtzr.,;0m01;;r 758 waste; 759 -2. Tree 10M.-hs; and ether fiel'age or weody debris, sementimuns referred te as "slash," On a ti.M.-her 760 ;aves< area; 761 762 easily removed; 763 4. Crumb rubber used in asphalt 764 6. Crushed b&s 765 6. GFus#ed asphalt wised: 766 8. 1A a building ped n parking area as read n paveMeRt; G 767 .As a material W GE)RStFUGt a GeRtaiRmeRt berm for a taRk farm. [Ord. PY2010 07 §3, 29--�4. 768 8.`�T10 Applicability of federal state and local solid write law. 769 770 (as they may be ameRded, repealed, OF FeplaGed) a�plies OR the borough and failure W GOMPly 771 772 01 a eeL remedies fer "ieletie of selid waste law. 773 Examples of solid waste law follow: 774 A. With respesi +e eRVironmental pr +eE 775 _U.S.G. 776 Cer`+ienS 9601 e+ se,.) ("GEorl n"). 777 2. Reseufee r�nser Ad Qesevery Art (42 I I e 12 epn+iAn,.; 6901 e1 see.` (""�-r"n"`: Ordinance No. FY2026-18 Page 21 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 96 of 198 AGENDA ITEM #10.C. Ordinance No. FY2026-18 Page 22 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 97 of 198 AGENDA ITEM #10.C. 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 er Section 4. Amortization. The Provisions of subsection 8.25.030 as amended by this ordinance shall apply as of the effective date of this ordinance. The Assembly intends that any property owner who leases their property to a tenant under lease terms which require the tenant to be the subscriber for solid waste services may still require that the tenant be responsible to the owner of the cost of those services, but the owner must be the subscriber responsible to the collection contractor for the service with the collection contractor as of the effective date of this ordinance. The Assembly intends that such owners may use the delayed period prior to the effective date of this ordinance to make appropriate adjustments to comply with the changes made by this ordinance. Ordinance No. FY2026-18 Page 23 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 98 of 198 AGENDA ITEM #10.C. 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 Effective Date: Section 4 of this Ordinance takes effect 30 days following adoption. The remainder of this ordinance takes effect upon June 30, 2027. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2025 KODIAK ISLAND BOROUGH ATTEST: Jared Griffin, Borough Mayor Nova M. Javier, MMC, Borough Clerk Introduced by: [Mayor, Assembly, Committee, or Manager} First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2026-18 Page 24 of 24 Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25... Page 99 of 198 AGENDA ITEM #11.A. Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams, Manager RE: Manager's Report, February 5, 2026 Manager's Department Staffing Landfill progress — Finalized new pay structure for the Baler Supervisor and advertised the job in house. Meeting with LTP Lead to work on new steps for promotions at the LTP tomorrow. CG Update CAPT Hall sent a letter today with more information about Peterson Elementary school. The letter is attached for your review. PWSRCAC Letter Request Prince William Sound Regional Citizens Advisory Council is requesting a letter of support for their recertification. The information has been sent to the clerks' office and the mayor. A copy of the 2023 letter is attached for your reference Bear Management Plan A proposed KIB Bear Management Plan was turned in to the Alaska Department of Environmental Conservation on January 29, 2026, and we are waiting for a response. Citizens Academy KIB will be announcing its first annual Citizen's Academy next week to begin on March 101n Wayfinding Attended a meeting ran by Discover Kodiak to inform stakeholders about the new wayfinding system that is being designed for downtown Kodiak. The modular system is something that could be used Page 1 Page 100 of 198 AGENDA ITEM #11.A. KIB FY27 Budget The department reviews have been completed for Community Development, Assessing, and the Clerks. Discussions continue tomorrow for the initial review of Finance and the Manager's Department. The timeline for discussions has been added to the work session on February 26, 2026. IBEW Our current collective bargaining agreement expires on June 30, 2026. Negotiations will begin in March 2026. Current Recruitments E/F: • Director of Engineering & Facilities • Solid Waste Baler Supervisor • Environmental Specialist • Treatment Plant Operator, Lead CDD: • Code Enforcement Officer 2025 Foreclosures The foreclosure process has started for delinquent 2025 taxes. The annual newspaper publication of the delinquent list is set to begin on or around February 20th. Call the finance department at 907-486-9324 for a payoff amount. Property Assessment and Taxation Implementation Project Staff is continuing to enter information in both the new and legacy tax collection systems. Dual entry was planned through February; however, staff is now considering extending that through June. This additional time will not only ensure payment postings, penalty and interest calculations, and account balances are correct, but that the levy process and tax statements are correct as well. Planning & Zoning Commission — February 11 Work Session The Planning & Zoning Commission will hold a work session on February 11 at 6:30 PM in the Assembly Chambers. The work session will include the review of the February 18 regular meeting. The regular meeting includes the review of three rezone requests by the Native Village of Ouzinkie. PLAN 2045 — Update The arts, culture, and history survey and the environment survey both closed today. Staff is currently compiling the survey results, which will be posted on the PLAN 2045 webpage: https://www.kodiakak.us/759/Plan-2045. The last public engagement task will be a survey related to inter -governmental cooperation and the capital improvement program. This survey is under development and should be ready before the end of February. Once this last public engagement task is completed, staff will begin the drafting of the plan document. Page 2 Page 101 of 198 AGENDA ITEM #11.A. KIB IT is continuing assisting the software migration from PACS to Tyler Enterprise and is working on scoring the Immutable Backup RFP for the FEMA State and Local Cybersecurity Grant Program. Systems Administration IT has deployed a new Timeclock in the KIB Maintenance Building and has onboarded several new employees for the Leachate Treatment Plant out at the Landfill. We are also working on setting up a new test Hypervisor server cluster to test and augment our existing Vmware cluster. Cybersecurity and Risk Mitigation IT is continuing to fix vulnerabilities in our systems and software that we identify along with investigating and resolving internal alerts that are raised by our Intrusion Detection Systems. We are also in the process of evaluating and scoring the submitted bids for our Immutable Backup State and Local Cybersecurity Grant Program RFP. GIS GIS has met with staff from the Alutiiq Museum to discuss the possibility of working with them on a grant to map out Archeological data for the public. GIS has also met with the City of Kodiak Emergency Coordinator to discuss the capabilities that the Borough ArcGIS software might have in regard to storing and providing emergency data for the Borough. Senior Citizen (SC) / Disabled Veteran (DV) Exemptions (2026) 64 SC's and 13 DV's failed to timely file their exemption applications. 4 late file applications have been filed. Good cause exemptions have been scheduled to be heard by the Assembly on May 21, 2026. Notice of Value • Notice of Values will be mailed on February 27, 2026 'Ift "!M110 Ao8 OOVW or= ""TOAM Mu tt0Yl1 < flAY in 2M No1W o1 Momod VWuo w nawz ago RtA4IA o10,0 11AUAINP.. .op1M,U1G IrnA9Rh .nro sar�a dam® �vr uars..y a ma muam uc�m >t POW" vni^ WO'MIC pq(a.OYWt iG.a Malt, rY 1TMW 0FFixtoA.►Ys NMY..tMV4$"4W ASItW[lll atvt %40, • fA 000AM. to 3Al pA4 IM1Mi +00'tj AO.OI!! WORUM pL&MMAORrvo SEe" tr.n I'1Mte.A 4v+l.. TII.O UM N..t.Or..NLn 1rAf:kttH� d M m1rLL1W Nh IOOI\d vYw Jelonwlbn UN lIs pga�rb P INa.YM W d eM. asa...YtA aware a minkna f�mattaWuclIIaAt..aaYi Oola.Eof aF7Mn. �� na .a.w ap odRl.. 4..t.dwtM 11.ta4.kty,laute,. M dy 1 pl.ppbdt. oa Da.rf U 1!.q..letl4rl. h atl.t bMMy 4nA....t./� NMIr.LdtesaN u.• Deng a.� tlof tun au.'bbb htu Awm.r'.ORb.ou.t DO rOw7n f4 At *#M'*O%CO *Zh1 MroM twit nl rsltp 01 Ott COX* Ihbr tb.bad" of Mop14 a. na. �ye{.Mo MY.1R�w wMeW'rMrnalNn 1d La(bOd Oaf bbt.lr ags�t otrtdt M�oAta.aor'. Mk.It uA 0omu� &A9�q,1hnM?21 Y 710Nd 8q Rc.t1 Noeti+! uC.t ROO W-0i�i.7 u1H tItl.LTM a V blow dWOUXA. Oft jinn Ondt m MANCN A11.7oACR 9hfH1RWq,PF dAnWr—A -@d -MA\4Y Iptl[t 4.10 pM T M. n. pajdA..ewbed. T—rc "t.p Wtw eP., uh"-wr tMWmaeY W4"4A br " dauct Et1Yd dry R Yen NV ..t pO d tY "* OA 4" VW .W taY.oaM dWt L Pff t a Q WHt.tl Atpl li0 able N WMgw.q.A.pplr Fgb.ty w OXnV.. OCttMdR XXXOX I N M.r 31p1t p1ryOa♦tt"tM MICWY! )M It M hd HW Et H1%M rtdf br $OAMB91101. XW THIS IS NOT A TAX TiUl Page 3 Page 102 of 198 AGENDA ITEM #11.A. Exemption Appeals • The Alutiiq Heritage Foundation - Trial scheduled for July 27-29, 2026. • The Alutiiq Heritage Foundation- Decided to appeal their 2025 decision. Staff negotiated the 2025 decision to be a reconsideration by the Assessor which will be conducted after the 2024 Superior court decision. AHF will be able to appeal that decision to the BOE if they desire. Exemption Reconsiderations • Calvery Chapel Bells Flats had a reconsideration by the Assessor on January 30, 2026. Letter of reconsideration due to CCBF by March 2, 2026. • St. Mary's reconsideration is scheduled for February 18, 2026. We have a verbal request to withdraw the reconsideration. We are waiting for a formal statement of withdrawal. Research Court Apartments Lift Station Repairs Staff are still waiting for Nodak to receive the part and address the electrical control issue with pump #1. Garage Doors The Women's Bay Fire Department and the Landfill both had garage door issues recently. • WBFD: Alaska Door has completed tier work on Doors #1 and #2 • Landfill: Alaska Door has completed their maintenance of the main bay doors, and they replaced critical parts on the lower baler door. Solid Waste Code & Contract Updates Contract Staff distributed a draft of the Request for Proposals (RFP) to the committee on January 29, requesting that comments be submitted by February 9. Staff will continue refining the RFP and corresponding with the committee via email. A final draft will be prepared for review at the next meeting, scheduled for February 25. Landfill Regional Solid Waste Management Plan Update is due February 28, 2026: KIB has received the final draft and submitted it to the Assembly for review. The plan will be presented at the February 12 Work Session. This plan is in its final stage. It has undergone full review by the contractor hiring committee, the Solid Waste Advisory Board, and our partners at KANA who jointly supported the grant application. Community input has also been incorporated, including 150 survey responses collected last fall from residents, businesses, and solid waste and recycling haulers across the City, Borough, and Villages. Page 4 Page 103 of 198 AGENDA ITEM #11.A. Community Pool On November 16th, staff were directed by the Assembly and Manager to proceed with the small-scale destructive testing repairs in the lifeguard room. Staff have reached out to JYW for a cost estimate proposal. Fuel Spill Assistance Long Term Care KIB submitted the final Work Plan to ADEC and have received approval. NWFF is working on updating the final Closeout Plan. In anticipation of field work requirements for closeout, staff were directed by the Manager to obtain a proposal for the phase 2 work from NWFF. Karluk Projects office staff are working with 3-Tier Alaska to conduct similar work for the closure of the Karluk fuel spill. That report was completed and sent to ADEC on November 25, 2025. Based on the preliminary findings, KIB has asked 3-Tier Alaska for a proposal for the phase 2 of work. Landfill Projects office staff have submitted the updated workplan for the landfill contaminated soils to ADEC and it has been approved. The Invitation to Bid for the work is advertised on the Borough Website and will be in the Kodiak Daily Mirror as a legal ad on Feb. 3rd, 9th, & 16th. A mandatory pre -bid meeting scheduled for February 20th at 10am, and bids are due March 3rd at 2:00pm. KFRC Seawater Pump Replacements - Industrial Pump Alaska (IPA) arrived on -site on February 3 and began the removal and replacement of Pumps #3 and #4. Highmark Marine, an IPA subcontractor, successfully extracted the old pumps and installed the new units in the pump house. As of February 5, the electrician is on -site connecting the motors. During installation, staff and contractors identified that the previous pump shafts were longer than the new ones. As a result, the new pump heads may not remain fully submerged, potentially preventing continuous and reliable operation. Staff have requested that IPA provide a plan to address and resolve this issue. Multi -Facility Elevator Modernization • The Kodiak Middle School Elevator Modernization work started on January 6 and is substantially complete. The State of Alaska Elevator Inspector arrived on -site February 5 and conducted their inspection, the KMS elevator passed the state inspection. • The PKIMC Elevators are delayed due to missing parts identified during Project Office inventory. All other materials have arrived and are being stored until work will begin once the missing parts arrive (estimated 2 months). Page 5 Page 104 of 198 AGENDA ITEM #11.A. Small Projects • Port Lions School Emergency Fire Alarm Panel Replacement: The contractor is currently working on design and State of Alaska Fire Marshall approval. Work is anticipated to start on February 27th. • Harlequin Court Park Upgrades: Projects Staff attended the Parks & Rec Committee meeting on January 27 to discuss potential park upgrades. Harlequin Court Park was identified as park needing the next set of upgrades. Staff will be providing project information to the Parks & Rec Committee on February 25th to add this project to their CIP list. • Borough Park Table Replacement: Staff will be issuing an RFQ for replacement of not to exceed four wooden picnic tables; two at Sargent Creek Park and two at Otmeloi Park. • Port Lions School Painting Project: Staff are working on review of the 95% design, which will go to the ARB. The architects estimated cost for the work is $266,000. We are anticipating work in summer 2026. • Annex Bldg (old Red Cross) UST Removal: Staff have received updated drawings and specifications for the UST removal. The architects estimated cost for this work is $25,000. Due to how close the estimate is to the Request for Quotes threshold, Staff will issue an ITB. • North Star Boiler Gun Replacement: Contractor is waiting for parts to arrive to schedule work. • Landfill Used Oil Burner Replacement: Contractor is waiting for parts to arrive to schedule work. • Long Technology Software Updates: Long Tech will be on -site February 12 to begin updating the building controls software for the Borough Building and the KFRC Building. During that visit staff will also discuss the review of any sensors or monitors that may require attention, adjustments, or replacements. • Mill Bay Stairs- Permits were paid for and approved. The project will now begin the submittal phase and is still on schedule for May 30, 2026. FY2027 Budget Items - Al Cameras / Facial Recognition Procurement / Contracting Officer addition Page 6 Page 105 of 198 U.S. Department of Commanding officer P.O. Box 1950�3ENDA ITEM #11.A. Homeland Security United States Coast Guard Kodiak, AK 99619-5000 Base Kodiak Staff Symbol: c United States Phone:487-5255 Coast Guard 5700 05 February 2026 Kodiak Island Borough Ms. Aimee Williams Borough Manager 710 Mill Bay Rd Kodiak, AK 99615 Kodiak Island Borough School District Dr. Cynthia Mika Superintendent of Schools 722 Mill Bay Rd Kodiak, AK 99615 Dear Ms. Williams and Dr. Mika, The Coast Guard understands that the Kodiak Island Borough is considering closing Peterson Elementary School. The population of kindergarten through fifth grade school age children residing on Coast Guard Base Kodiak today is 227 and expected to grow in the next 5 years. For decades, the school has served well the families of Coast Guard, Federal employees and Borough residents. This scenario was never imagined when Kodiak Island Borough received title to the Peterson Elementary building, and disposition of the building was not outlined in either the Quitclaim Deed or License Agreement DTCG-Z71133-91-R P-039L, which remains in full force and effect until a new license is fully executed. 1lenceforth, the Coast Guard must follow its standard real property acquisition policies if Kodiak Island Borough intends to transfer ownership of the Peterson Elementary School building. If it is your intent to transfer ownership of the building at no cost to the Coast Guard, various approval steps must be completed including acquisition approval, title search, value determination, legal review, and environmental review to include compliance with the National Environmental Protection Act. The timeline to complete all steps typically exceeds 24 months. If you intend to seek payment for the building, additional review, approvals and time will be required. In the interim, Kodiak Island Borough is expected to protect, maintain, and keep in good order the facilities as outlined in License Agreement DTCG-Z7l l33-91-RP-039L. Additionally, it would assist any transfer efforts if the Borough started to compile documentation regarding the removal of asbestos contaminates from the building as environmental hazards are a common hinderance to real property actions. As such, we trust the Kodiak Island Borough to honor the assurances made in accepting this facility and we look forward to continuing this long-lasting partnership. Sincerely, J. M. Hall Captain, U. S. Coast Guard Commanding Officer, Base Kodiak Copy: CG LSC Alameda Page 106 of 198 AGENDA ITEM #11.A. Kodiak Island Borough OFFICE of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310, Fax (907) 486-9391 E-mail: aimee.williams@kibassembly.org February 3, 2023 Commander, 17th Coast Guard District (dpi) PO Box 25517 Email: Benjamin.A.Bauman@uscg.mil Juneau, AK 99802 Attn: LT Benjamin Bauman Inspections & Investigations RE: PWSRCAC Recertification Docket USCG-2022-0707 To Whom It May Concern: The Kodiak Island Borough supports recertification of the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). The council is seeking recertification as the voluntary advisory group for Prince William Sound, Alaska, under the Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990. The PWSRCAC was established after the Exxon Valdez oil spill and has worked diligently since then to fulfill its mission: citizens promoting environmentally safe operation of the Alyeska terminal and associated tankers. PWSRCAC works with industry and regulators to ensure response readiness, evaluate risks, and propose solutions. We hope you will recertify PWSRCAC as the citizens' advisory group for Prince William Sound. The Kodiak Island Borough has found the Council, as required by the act, to be very responsive and competent in carrying out its duties and responsibilities similar to the ones enumerated below: Monitoring weather in Prince William Sound: The Council maintains two weather buoys in Port Valdez: one near the terminal, the other near the Valdez Duck Flats. These buoys will improve understanding of weather conditions in Port Valdez that could affect marine vessel safety and movement of spilled oil, as well as help with decisions regarding the timing of protecting environmentally sensitive sites in the area. The Council works with the Alaska Ocean Observing System and the National Oceanic and Atmospheric Administration's PORTS' (Physical Oceanographic Real Time System) to share the data collected by these buoys. • Monitoring of snow damage to crude oil storage tank vents: The Council has been monitoring efforts to address the substantial tank vent damage that occurred at the Valdez Marine Terminal in February and March of 2022, and the subsequent work by Alyeska and state and federal regulators to investigate this incident, repair the vents, and prevent a reoccurrence. While no substantial injuries were associated with this event, and no fire or explosion occurred, the Council believes this event was a near miss and could have resulted in devastating • consequences. The subsequent actions taken by Alyeska, and state and federal regulators, Page 107 of 198 AGENDA ITEM #11.A. Letter to 171h Coast Guard District PWSRCAC Recertification Page 2 of 3 February 3, 2023 • will be critical to ensure that such snow damage does not occur to the tank vents or other critical infrastructure at the terminal in the future. Ensuring the adequacy of secondary containment liners: The steel crude oil storage tanks at the Valdez Marine Terminal are required to have secondary containment systems around them in order to protect ground and surface water from contamination in the event of an oil spill. Part of those systems is a liner that is supposed to hold spilled oil until it can be cleaned up. Investigations from 2014-2017 showed that there were cracks and holes in the liner, indicating it may not prevent water contamination if a spill occurred from one of the large crude tanks. The Council has asked the Alaska Department of Environmental Conservation (ADEC) to take steps to ensure the liner would prevent such water contamination. Additionally, the Council is contracting with a geotechnical engineering expert to identify non-destructive methods to evaluate the secondary containment liner and determine how much of the liner should be tested in order to have confidence in the results. Environmental monitoring: PWSRCAC continues its Long -Term Environmental Monitoring Program (LTEMP), initiated in 1993, to monitor hydrocarbons and their effects in our region. The Council also supports citizen -based monitoring efforts in its region, particularly for the invasive European green crab and invasive tunicates. The Council has continued its work monitoring sensitive species in Prince William Sound that may be impacted and could use additional protection during an oil spill response. The second of three anticipated years of at -sea marine bird surveys took place in March 2022, identifying important wintertime nearshore habitat and areas of high bird density. The fourth and final year of aerial forage fish surveys was conducted in June 2022. "Forage fish" are species that are preyed on by larger predators, and include Pacific herring, Pacific sand lance, capelin, and candlefish. Monitoring of cleanup drills and spill response: PWSRCAC devotes considerable effort to monitoring drills, exercises, and training events, as well as the responses to actual incidents, which fortunately are relatively rare in Prince William Sound. Staff often participate as a member of drill planning teams along with ADEC, USCG, and industry, and drill monitoring reports are prepared by staff and contractors. When significant spills occur, Council staff, Board members, and volunteers work with Alyeska staff to understand why they occurred and how Alyeska would prevent similar incidents in the future. Review of Valdez Marine Terminal and Prince William Sound Tanker Oil Spill Contingency Plans: As part of our OPA 90 mandate, PWSRCAC reviews and comments on changes to oil spill prevention and response plans that cover the Valdez Marine Terminal and tankers that transit Prince William Sound. PWSRCAC participates in a workgroup consisting of industry, regulators, and stakeholders, which meets on a quarterly basis to discuss conditions of approval and improvements to the terminal plan. Additionally, PWSRCAC participates on drill and exercise design teams with industry and regulators that test response readiness. In 2022, the Council commissioned a report that documented the history of the oil discharge prevention and contingency plan for Prince William Sound oil tankers. Page 108 of 198 AGENDA ITEM #11.A. Letter to 171h Coast Guard District PWSRCAC Recertification Page 3 of 3 February 3, 2023 Testing devices used to deploy messenger lines: Passing a messenger line is the first step in setting up a tow line between a rescue tug and a tanker in distress. This can be a difficult and dangerous task. In 2021, the Council sponsored a study of devices used to deploy a messenger line. In 2022, field trials testing various devices were conducted as follow up to recommendations included in the original study. Results will be used to develop a set of recommended practices that will be shared with industry and regulators. Course on shiphandling customized for Alaska: In 2022, the Council commissioned AVTEC Maritime Training Center in Seward, Alaska, to develop a shiphandling course specific to Alaska. This new coursework will better prepare mariners for handling vessels in Prince William Sound and Alaska. The scenarios are based on real activities and use high -resolution data previously funded by the Council. AVTEC was notified in April 2022 that both the basic and advanced shiphandling courses received approval by the U.S. Coast Guard and was subsequently add to the AVTEC schedule. Oil spill planning for the Copper River Delta and Flats: The Council commissioned a report documenting the current state and history of developing sensitive area protection strategies (also known as geographic response strategies or GRS) for the Copper River Delta and Flats region. The goal of this project was to better understand what drove the development of these past strategies, what exercise activity and training had occurred in this region to date, and what content is still relevant today. The Council would like to see this information updated and once again referenced in Prince William Sound Area contingency planning documents. PWSRCAC works with industry and regulators to ensure response readiness, evaluate risks, and propose solutions. We hope you will recertify PWSRCAC as the citizens' advisory group for Prince William Sound. If you have any questions, please feel free to contact me at (907) 942-9181. Sincerely, KODIAK ISLAND BOROUGH Aimee Williams, Mayor Page 109 of 198 AGENDA ITEM #14.B.1. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2023-03F, A Resolution Of The Assembly Of The Kodiak Island Borough Amending Various Sections Of The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Assessing, Borough Fire Departments, Community Development, Engineering And Facilities, Finance, Information Technology, And Resource Management Series ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to adopt Resolution No. FY2023-03F. DISCUSSION: In August 2025, the Assembly passed Resolution No. FY2023-03E, which replaced the term "legal opinions" with "Borough Attorney Subject Files" and "Litigation Case Files." This change allows department directors to assess the significance of these documents, conduct annual evaluations for archival value, and ensure appropriate preservation in Laserfiche to prevent loss due to staff transitions or electronic file deletions. The 2025 amendment applied to the Manager's Office, Personnel Management, and Clerk's Office series. This resolution is intended to align the remaining Borough departments with the prior amendment, which was reviewed and approved by Borough Attorney Scott A. Brandt- Erichsen. These changes are attached as Exhibit A. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2023-03F, A Resolution Of The Assembly Of The Kodiak Is... Page 110 of 198 AGENDA ITEM #14.B.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-03F A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS OF THE KODIAK ISLAND BOROUGH RECORDS RETENTION SCHEDULE AND CENTRAL FILING SYSTEM TO REFLECT AMENDMENTS TO THE ASSESSING, BOROUGH FIRE DEPARTMENTS, COMMUNITY DEVELOPMENT, ENGINEERING AND FACILITIES, FINANCE, INFORMATION TECHNOLOGY, AND RESOURCE MANAGEMENT SERIES WHEREAS, the Kodiak Island Borough Code 2.40.120 establishes a program for records management, including the creation, administration, and approval of the records retention schedule through resolution; and WHEREAS, in August 2025, the Assembly passed Resolution No. FY2023-03E, which replaced the term "legal opinions" with "Borough Attorney Subject Files" and "Litigation Case Files." This change allows department directors to assess the significance of these documents, perform annual evaluations for archival value, and guarantee their proper preservation in Laserfiche to avert loss from staff changes or electronic file deletions; and WHEREAS, the amendment in 2025 encompassed the Manager's Office, Personnel Management, and Clerk's Office Series. This resolution aims to align the remaining Borough departments with the prior amendment; and WHEREAS, the Assembly concludes that it is in the best interest of the Kodiak Island Borough to modify the Record Retention Schedule to incorporate the proposed changes. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Assembly hereby adopts and integrates Exhibit "A," which details revisions to the records series for Assessing, Borough Fire Departments, Community Development, Engineering and Facilities, Finance, Information Technology, and Resource Management. The other Borough Records Retention Schedules series will remain unchanged. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2026 KODIAK ISLAND BOROUGH Jared Griffin, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2023-03F ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2023-03F, A Resolution Of The Assembly Of The Kodiak Is... Page 111 of 198 x m U) O c 0 z O Kodiak Island Borough Records Retention Schedule (RRS) m N O CO x (D U) 0 c 0 z 0 N 0 N W 0 w fn D m cn 0 c 0 D O Q m CD 3 O CD 0 n a) x- A- W La CD 0 00 ASSESSOR'S OFFICE -AO SERIES NO. RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS AO-13 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in Review for potential archival value on a This includes documentation of both official and informal stances on legal UNTIL POTENTIAL the yearly basis. Once, archival value is matters that impact departments or local governing bodies. It may ARCHIVAL VALUE IS Department's determined, retain also in Laserfiche in encompass information and correspondence related to ordinances, projects, ESTABLISHED. Drive addition to the Department's drive. issues, as well as legal requests and interpretations, all of which serve as a CENTER: NO convenient reference for the department. CONFIDENTIAL AO-14 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copies TOTAL: ACTIVE + 10 of court documents, and correspondence. YEARS CONFIDENTIAL BOROUGH FIRE DEPARTMENTS - BF SERIES NO. RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS BF-12 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in Review for potential archival value on This Includes Documentation Of Both Official And Informal Stances On Legal UNTIL POTENTIAL the a yearly basis. Once, archival value is Matters That Impact Departments Or Local Governing Bodies. It May ARCHIVAL VALUE IS Department's determined, retain also in Laserfiche in Encompass Information And Correspondence Related To Ordinances, ESTABLISHED. Drive addition to the Department's drive. Projects, Issues, As Well As Legal Requests And Interpretations, All Of Which CENTER: NO Serve As A Convenient Reference For The Department. CONFIDENTIAL BF-13 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copiesTOTAL: ACTIVE + 10 of court documents, and correspondence. YEARS CONFIDENTIAL Revision date: 20260122 Resolution No. FY2023-03F x (D U) 0 c 0 z 0 N 0 N W 0 w fn D m cn 0 c 0 D O Q m CD 3 O CD 0 n a) x- A- W La CD co COMMUNITY DEVELOPMENT - CDD SERIES NO. RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS CD-26 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in Review for potential archival value on a This includes documentation of both official and informal stances on legal UNTIL POTENTIAL the yearly basis. Once, archival value is matters that impact departments or local governing bodies. It may ARCHIVAL VALUE IS Department's determined, retain also in Laserfiche in encompass information and correspondence related to ordinances, projects, ESTABLISHED. Drive addition to the Department's drive. issues, as well as legal requests and interpretations, all of which serve as a CENTER: NO convenient reference for the department. CONFIDENTIAL CD-27 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copies of TOTAL: ACTIVE + 10 court documents, and correspondence. YEARS CONFIDENTIAL ENGINEERING AND FACILITIES - EF SERIES NO. RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS EF-25 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in Review for potential archival value This includes documentation of both official and informal stances on legal matters UNTIL POTENTIAL the on a yearly basis. Once, archival that impact departments or local governing bodies. It may encompass information ARCHIVAL VALUE IS Department's value is determined, retain also in and correspondence related to ordinances, projects, issues, as well as legal ESTABLISHED. Drive Laserfiche in addition to the requests and interpretations, all of which serve as a convenient reference for the CENTER: NO Department's drive. department. CONFIDENTIAL EF-26 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copies of TOTAL: ACTIVE + 10 court documents, and correspondence. YEARS CONFIDENTIAL Revision date: 20260122 Resolution No. FY2023-03F x (D U) 0 c 0 z 0 N 0 N W 0 w fn D m cn 0 c 0 D O Q m CD O CD 0 n a) x- A- T v La m 0 00 FINANCE - FI SERIES NO. RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS FI-44 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in Review for potential archival value This includes documentation of both official and informal stances on legal UNTIL POTENTIAL the on a yearly basis. Once, archival matters that impact departments or local governing bodies. It may encompass ARCHIVAL VALUE IS Department's value is determined, retain also in information and correspondence related to ordinances, projects, issues, as ESTABLISHED. Drive Laserfiche in addition to the well as legal requests and interpretations, all of which serve as a convenient CENTER: NO Department's drive. reference for the department. CONFIDENTIAL FI-52 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copies of TOTAL: ACTIVE + 10 court documents, and correspondence. YEARS CONFIDENTIAL INFORMATION TECHNOLOGY - IT 4_ SERIES RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS NO. IT-04 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in Review for potential archival value This includes documentation of both official and informal stances on legal matters UNTIL POTENTIAL the on a yearly basis. Once, archival that impact departments or local governing bodies. It may encompass information ARCHIVAL VALUE IS Department's value is determined, retain also in and correspondence related to ordinances, projects, issues, as well as legal ESTABLISHED. Drive Laserfiche in addition to the requests and interpretations, all of which serve as a convenient reference for the CENTER: NO Department's drive. department. CONFIDENTIAL IT-05 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copies of court TOTAL: ACTIVE + 10 documents, and correspondence. YEARS CONFIDENTIAL Revision date: 20260122 Resolution No. FY2023-03F x (D U) 0 c 0 z 0 N 0 N W 0 w fn D m cn 0 c 0 D O Q m D m 3 O CD 0 n v x- A- W La CD 00 4 RESOURCE MANAGEMENT - RM SERIES NO. RECORD SERIES TITLE &DESCRIPTION RETENTION FORMAT DISPOSITION &REMARKS RM-10 BOROUGH ATTORNEY SUBJECT FILES ONSITE: ACTIVE OR Electronic in the Review for potential archival value This includes documentation of both official and informal stances on legal UNTIL POTENTIAL Department's on a yearly basis. Once, archival matters that impact departments or local governing bodies. It may encompass ARCHIVAL VALUE IS Drive value is determined, retain also in information and correspondence related to ordinances, projects, issues, as ESTABLISHED. Laserfiche in addition to the well as legal requests and interpretations, all of which serve as a convenient CENTER: NO Department's drive. reference for the department. CONFIDENTIAL RM-11 LITIGATION CASE FILES ONSITE: ACTIVE Paper and/or Retention period starts after case is Documents civil and criminal actions and other appeals filed by the local CENTER: 10 YEARS Electronic closed. government or against the local government. Includes work papers, copies of TOTAL: ACTIVE + 10 court documents, and correspondence. YEARS CONFIDENTIAL AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Authorization For The Borough Manager To Reimburse Providence Kodiak Island Medical Center For The Chiller 95% Design In The Amount Of $67,120.12 ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to authorize the Borough Manager to reimburse Providence Kodiak Island Medical Center for the Chiller 95% Design in the amount of $67,120.12. DISCUSSION: PKIMC has had the Chiller Replacement project in design since 2024. As we have moved through the design phases, Staff have brought the designs at their respective stages to the Health Facilities Advisory Board (HFAB) and the Architectural Review Board (ARB). At their most recent meeting ARB approved the 95% design and provided direction for PKIMC and KIB Staff to move on to the 100% design without having to return to the ARB for final approval. PKIMC is now requesting reimbursement for the fees incurred to finish the Chiller design to 95% in the amount of $67,120.12. PKIMC have provided two invoices: NBP110104 ($23,136.00) & NBP110105 ($43,984.12), which include AMC Engineer's invoices for the 95% design; INV 0026856 and INV 0026808R. Please note that the AMC invoices do have inaccuracies on them and include Reimbursable Expenses for site visit and travel costs. See the attached email with an explanation from John Bush, Director Design Construction, Real Estate Strategy & Operations for the Alaska Region of Providence. ALTERNATIVES: FISCAL IMPACT: Fund Source: PKIMC R&R Current Balance as of 1/23/2026: $6,824,896 Previously Assembly Approved Reimbursement Encumbrances minus KIB Paid Reimbursements as of 1.23.2026: $339,008.98 Current Reimbursement Request: $67,120.12 Total Reimbursement Encumbrance plus this Request: $406,129.10 (If Approved) New R&R Projected Balance: $6,418,766.90 OTHER INFORMATION: Kodiak Island Borough Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 117 of 198 AGENDA ITEM #14.D.1. Providence PSJH Non Patient AR LB 1142 PO Box 35146 Seattle, WA 98124-5146 Customer No CDRM_1168018 Bill -to Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 INVOICE NPB110105 Purchase Order Line Total 43,984.12 Invoice Date 01/15/2026 Sales Tax 0.00 Shipping 0.00 Total 43,984.12 Payments 0.00 Credits 0.00 Financial Charges 0.00 Payment Terms 30 Net Due Date 02/14/2026 Balance Due $43,984.12 No. Product Description UOM Quantity Unit Price Amount 1 1000001 KIB -AMC Engineers, Chiller Replacement Inv EA 1 43,984.12 43,984.12 026808R Send payment to PSJH Non Patient AR LB 1142 PO Box 35146 Seattle. WA 98124-5146 Line Total 43,984.12 Please reference your customer number and invoice number with your payment. Online payment option is now available at https://www. a-b i I I express. com/e b pp/providence. If you have any questions regarding this invoice, please contact Acctg_NonPatientoR(a)providence.orq. Page 1 of 1 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 118 of 198 AGENDA ITEM #14.D.1. AMC ENGINEERS INVOICE 701 E TUDOR RD STE 250 ANCHORAGE, AK 99503 INVOICE NUMBER: 026808R Phone: INVOICE DATE: 12/19/2025 Email: PO NUMBER: P0010001414200 Genesis Supplier ID #: 101733 PO CREATION DATE: PROJECT NUMBER: 10013703 PAYMENT TERMS: NET30 SUPPLIER SITE: INVOICE URGENCY: NORMAL RETAINAGE INVOICE?: NO BILL TO: Providence St Joseph Health Real Estate Strategy & Operations (RESO) PO BOX 31263 Salt Lake City, UT 84131 SHIP TO: 1015 - PROVIDENCE KODIAK ISLAND MEDICAL CENTER 0000 AK PKIMC PLANT MAINT 1915 E Rezanof Drive Kodiak, AK 99615 Bush, John Phone: Contact Construction Manager above via Teams AP, on the following pages, please see the attached invoice and attached approvals. Please process the attached invoice with the following information: QUANTITY DESCRIPTION 1 026808R_AMC ENGINEERS REMIT PAYMENTS TO: AMC ENGINEERS 701 E TUDOR RD STE 250, ANCHORAGE, AK 99503, Phone: UNIT PRICE TOTAL $43,984.12 $43,984.12 LESS RETAINAGE (5%) $ 0.00 SUBTOTAL $43,984.12 SALES TAX $0.00 SHIPPING & HANDLING $0.00 TOTAL DUE $43,984.12 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 119 of 198 AGENDA ITEM #14.D.1. Providence :l *10CReal Estate Strategy & Operations Real Estate, Strategy & Operations (RESO) — Signatory Invoice Approval Cover Sheet Project: 019 024 - AK - 1015 PKIMC Chiller Replacement 2024- Project #: 10013703 Funding Expense Source: PO Number: P0010001414200 Commitment Date: Project Owning Org: 0000 AK PKIMC PLANT MAINT Entity: 1015 - PROVIDENCE KODIAK ISLAND MEDICAL CENTER Department: Account: Location: Interaffilliate: Future 1: Future 2: Region: AK - Invoice Number: 026808R Invoice Date: 12/19/2025 Invoice Due Date: Invoice Urgency: NormalNormal Supplier #: 101733 Supplier Name: AMC ENGINEERS Submitted By: Meinhardt, Ariele Submitted On: 12/22/2025 Contact Info: Retainage $ 0.00 Amount: Pay This Amount TOTAL OF CURRENT PAYMENT DUE: $43,984.12 Approvals/Signatures: Bush, John Director Design & Construction Providence Signature/Date 1John Bush 1/6/2026 4:16:03 PM Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 120 of 198 AGENDA ITEM #14.D.1. A&MG ENGINEERS Providence Alaska Gen Stores Accounts Payable PO Box 696430 San Antonio, TX 78269 Project 21346.00 PKIMC Chiller Replacement P0010001414200 2024-AK-1015 PKIMC Chiller Replacement 2024-019 Project #: 10013703 Professional Services through October 31. 2025 Phase 0030 95% Construction Documents AMC Engineers 701 E. Tudor Rd. Ste 250 Anchorage, AK 99503 (907)257-9100 December 19, 2025 Project No: 21346.00 Invoice No: 026808R Percent Previous Fee Current Fee Billing Phase Fee Complete Earned Billing Billing 95% Construction Documents 57,840.00 100.00 57,840.00 23,136.00 34,704.00 95% Design Site Labor 7,370.00 100.00 7,370.00 0.00 7,370.00 100% Construction Documents 25,305.00 0.00 0.00 0.00 0.00 Total Fee 90,515.00 65,210.00 23,136.00 42,074.00 Total Fee 42,074.00 Reimbursable Expenses Travel Expense 10/1/2025 Alaska Airlines MRO to Kodiak (10/13-10/14) 460.20 10/1/2025 Alaska Airlines KAC to Kodiak (10/13-10/14) 460.20 10/8/2025 Enterprise Engineering Professional Services through 526.04 10/24/25 10/14/2025 Miscellaneous Vendors MRO to Kodiak (10/13-10/14) 231.84 10/14/2025 Miscellaneous Vendors KAC to Kodiak (10/13-10/14) 231.84 Total Reimbursables 1.0 times 1,910.12 1,910.12 Total Phase $43,984.12 Total Invoice $43,984.12 Terms: 30 Days - Please Refer to the Invoice Number When Paying by Check. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 121 of 198 AGENDA ITEM #14.D.1. Providence PSJH Non Patient AR LB 1142 PO Box 35146 Seattle, WA 98124-5146 Customer No CDRM_1168018 Bill -to Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 INVOICE NPB110104 Purchase Order Line Total 23,136.00 Invoice Date 01/15/2026 Sales Tax 0.00 Shipping 0.00 Total 23,136.00 Payments 0.00 Credits 0.00 Financial Charges 0.00 Payment Terms 30 Net Due Date 02/14/2026 Balance Due $23,136.00 No. Product Description UOM Quantity Unit Price Amount 1 1000001 KIB -AMC Engineers, Chiller Replacement Inv EA 1 23,136 23,136.00 0026856 Send payment to PSJH Non Patient AR LB 1142 PO Box 35146 Seattle. WA 98124-5146 Line Total 23,136.00 Please reference your customer number and invoice number with your payment. Online payment option is now available at https://www. a-b i I I express. com/e b pp/providence. If you have any questions regarding this invoice, please contact Acctg_NonPatientoR(a)providence.orq. Page 1 of 1 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 122 of 198 AGENDA ITEM #14.D.1. AMC ENGINEERS INVOICE 701 E TUDOR RD STE 250 ANCHORAGE, AK 99503 INVOICE NUMBER: 0026856 Phone: INVOICE DATE: 12/08/2025 Email: PO NUMBER: P0010001414200 Genesis Supplier ID #: 101733 PO CREATION DATE: PROJECT NUMBER: 10013703 PAYMENT TERMS: NET30 SUPPLIER SITE: INVOICE URGENCY: NORMAL RETAINAGE INVOICE?: NO BILL TO: Providence St Joseph Health Real Estate Strategy & Operations (RESO) PO BOX 31263 Salt Lake City, UT 84131 SHIP TO: 1015 - PROVIDENCE KODIAK ISLAND MEDICAL CENTER 0000 AK PKIMC PLANT MAINT 1915 E Rezanof Drive Kodiak, AK 99615 Bush, John Phone: Contact Construction Manager above via Teams AP, on the following pages, please see the attached invoice and attached approvals. Please process the attached invoice with the following information: QUANTITY DESCRIPTION 1 0026856_AMC ENGINEERS REMIT PAYMENTS TO: AMC ENGINEERS 701 E TUDOR RD STE 250, ANCHORAGE, AK 99503, Phone: UNIT PRICE TOTAL $23,136.00 $23,136.00 LESS RETAINAGE (5%) $ 0.00 SUBTOTAL $23,136.00 SALES TAX $0.00 SHIPPING & HANDLING $0.00 TOTAL DUE $23,136.00 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 123 of 198 AGENDA ITEM #14.D.1. Providence :l *10CReal Estate Strategy & Operations Real Estate, Strategy & Operations (RESO) — Signatory Invoice Approval Cover Sheet Project: 0 0�24 - AK - 1015 PKIMC Chiller Replacement 2024- Project #: 10013703 Funding Expense Source: PO Number: P0010001414200 Commitment Date: Project Owning Org: 0000 AK PKIMC PLANT MAINT Entity: 1015 - PROVIDENCE KODIAK ISLAND MEDICAL CENTER Department: Account: Location: Interaffilliate: Future 1: Future 2: Region: AK - Invoice Number: 0026856 Invoice Date: 12/08/2025 Invoice Due Date: 01/07/2026 Invoice Urgency: NormalNormal Supplier #: 101733 Supplier Name: AMC ENGINEERS Submitted By: Meinhardt, Ariele Submitted On: 12/15/2025 Contact Info: Retainage $ 0.00 Amount: Pay This Amount TOTAL OF CURRENT PAYMENT DUE: $23,136.00 Approvals/Signatures: Bush, John Director Design & Construction Sign Providence Signature/Date Bush 12/15/2025 2:02:19 PM Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 124 of 198 AGENDA ITEM #14.D.1. me E N G I N E E R S Providence Alaska Gen Stores Accounts Payable PO Box 696430 San Antonio, TX 78269 Project 21346.00 PKIMC Chiller Replacement P0010001414200 2024-AK-1015 PKIMC Chiller Replacement 2024-019 Project #: 10013703 Professional Services throuah November 30. 2025 Phase 0030 95% Construction Documents AMC Engineers 701 E. Tudor Rd. Ste 250 Anchorage, AK 99503 (907)257-9100 December 08, 2025 Project No: 21346.00 Invoice No: 0026856 Percent Previous Fee Current Fee Billing Phase Fee Complete Earned Billing Billing 95% Construction Documents 57,840.00 100.00 57,840.00 34,704.00 23,136.00 95% Design Site Labor 7,370.00 100.00 7,370.00 7,370.00 0.00 100% Construction Documents 25,305.00 0.00 0.00 0.00 0.00 Total Fee 90,515.00 65,210.00 42,074.00 23,136.00 Total Fee 23,136.00 Total Phase $23,136.00 Total Invoice $23,136.00 Terms: 30 Days - Please Refer to the Invoice Number When Paying by Check. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 125 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681 F01 -73C6-4573-8EC8-1ADAEB989CB6 ENGINEERSAMC 701 East Tudor Road, Suite 250 Anchorage, AK 99503 1907.257.9100 2215 Midway Ln, Suite 200 Bellingham, WA 98226 1360.255.7235 amc-engineers.com 11 October 2024 Mr. John Bush Director Design Construction, Real Estate Strategy & Operations, AK Region Providence Shared Services 3760 Piper Street, Suite 1060 Anchorage, Alaska 99508 via email john.bush@providence.org RE: PKIMC Chiller Replacement — Design and Construction Services - Rev 2 (21346) SUBJ: Mechanical and Electrical Engineering Design, Construction Administration, and Commissioning Services Fee Proposal Dear John: This letter is in response to your recent request for updated engineering design and construction services for the chiller replacement at the Providence Kodiak Island Medical Center (PKIMC) critical access hospital located in Kodiak, Alaska. Our fee is based upon the 16 August 2024 65% design deliverable and recent teleconferences between AMC Engineers and Providence regarding addition of civil engineering services. General project summary: 1. Replacement chiller equipment will be designed around an outdoor air-cooled chiller system with indoor equipment including pumps, plate heat exchanger, buffer tank, and expansion tanks. a. Basis of design manufacturer for the outdoor chiller equipment will be York. The outdoor air-cooled chiller will be selected and specified with consideration for the local coastal climate including corrosion resistant coil and frame coatings. Our documents and specifications will list the manufacturer noted above, and any alternate brands will require a substitution request. b. Equipment will be selected and located with a goal of limiting refrigerant circuit volume below the 2021 IMC threshold requiring a refrigeration machinery room. Locating the chiller exterior on grade adjacent to the building will aid in avoiding a machinery room requirement. Roof openings into the boiler room will relocation to achieve this goal. c. We understand Providence is currently working on a project for upgrades to central air handling unit AHU-1 to increase its capacity from 42,000 CFM to 55,000 CFM which will impact the cooling coil and chiller loads. We received a preliminary cooling coil performance selection from the AHU upgrade design team which was used in the chiller sizing for the 65% design. We recommend Providence share the AHU-1 upgrade project design documents with AMC Engineers for coordination Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 126 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681 F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 2 of 7 with chilled water system loads and final central chilled water system equipment sizing. d. Chiller plant and distribution systems will be sized based on 2021 ASHRAE weather data 0.4% Annual Dry Bulb outdoor conditions for coil entering air condition and the original design scheduled leaving air conditions. Original design coil leaving air conditions are anticipated to provide adequate dehumidification for compliance with 2022 FGI and 2021 ASHRAE-170 space criteria. The 65% design chiller plant sizing includes the AHU-1 upgrades to 55,000 CFM. e. Chiller equipment selections will be specified to require seismic certification by the manufacturer. Shake table tested equipment will be specified where available on equipment meeting project design requirements and from equipment manufacturers with local sales and engineering support. f. Equipment Redundancy: i. Full N+1 redundancy is not planned for the chilled water system equipment. 1. The specified chiller will have dual circuits allowing for partial operation in event that circuit is inoperable. 2. The heat exchanger, buffer tank, and expansion tanks will not include N+1 redundant equipment. 3. Chilled water and chilled glycol pumps will be designed in redundant N+1, lead/standby, arrangement. 2. Associated chilled water system equipment replacement will include: a. Chiller. b. Two chilled water loop circulation (lead/standby) pumps, each with a variable frequency drive. c. Two chilled glycol loop circulation (lead/standby) pumps, each with a variable frequency drive. d. Chilled glycol loop buffer tank. e. Plate and frame heat exchanger. f. Chilled water loop and chilled glycol loop air separators. g. Chilled water loop by-pass valve. h. Chilled water loop and chilled glycol loop expansion tanks. i. Local piping, valves, instrumentation, pipeline, and equipment appurtenances. j. Sensors and controls for replaced equipment. 3. Testing, Adjusting, and Balancing will be by performance specification. 4. New chilled water system equipment controls will be connected to the existing Siemens Desigo system. Controls interface will be by performance specification. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 127 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 3 of 7 5. Civil work will include: a. Site plan modifications around the new chiller site. b. Site plan modifications adjacent to the propane tank to create new parking spaces for those displaced by the chiller replacement project and the ATS replacement project. Goal will be to create 6 parking spaces near the propane tank to replace the 6 parking spaces displaced by these projects. c. A concrete retaining wall is anticipated to be required for the new parking spaces, similar to the retaining wall required for the propane tank. 6. AMC Engineers will be the prime design consultant and will provide mechanical and electrical engineering services. a. Structural engineering services will be by BBFM Engineers as a sub -consultant to AMC Engineers. b. Civil engineering services will be by Enterprise Engineering as a sub -consultant to AMC Engineers. c. We do not anticipate a need for architectural design services. Minor architectural work for roofing will be by performance note on drawings. No changes to floor plans, building occupancy and construction types, or building additions are anticipated. 7. Project will be designed in accordance with the 2021 ICC codes, the 2018 UPC, and the 2020 NEC. The following is our understanding of our Scope of Services: 1. Mechanical engineering design and equipment selection for chilled water system equipment, as noted under the previous general project summary. 2. Chilled water system cooling coil review and psychrometric analysis to determine sizing criteria for new chilled water system central equipment. 2.1. Analysis to account for cooling and dehumidification for hospital areas identified with specific temperature and humidity criteria by ASHRAE-170 and USP-797/800 standards including pharmacy compounding cleanrooms, sterile processing department, and operating rooms. Analysis will be based upon 2021 ASHRAE weather data. 2.2. Coordinate with the in -progress central air handling unit AHU-1 upgrades to include capacity for additional cooling coil loads, if necessary. Coordination will be limited to information provided by Providence. 2.3. Chiller system sizing to include 20% additional capacity for future growth. 3. Codes and Standards review and coordination with equipment selections and locations to avoid requirement to convert existing mechanical room(s) refrigeration machinery room(s). 4. Electrical engineering and design for power connections to new and replacement equipment. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 128 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 4 of 7 4.1. Existing chiller system is on the normal power distribution system, it is our understanding that the generators can provide power to the entire facility however, if the chiller system is considered essential or equipment branch, it should be moved to the NEC 517 essential electrical system and served by an appropriate automatic transfer switch. 4.2. Provide distribution switchboard connected to the main distribution switchboard to support new mechanical equipment. 5. Structural engineering services by BBFM Engineers will include: 5.1. Design of structural exterior concrete pad for support of the chiller equipment. 5.2. Design of bollards for physical protection of the chiller equipment. 5.3. Design for reinforced concrete housekeeping pads for support and anchorage of new and replacement mechanical equipment inside the building. 5.4. Structural engineering services assume upgrades to the building structure will not be required for support of new equipment. 6. Civil engineering services by Enterprise Engineering will include: 6.1. Site plan and site design for modifications around the new chiller site. 6.2. Site plan and site design for creation of new parking spaces adjacent to the propane tank. Goal will be to create 6 new parking spaces near the propane tank. 6.3. Retaining wall design for the new parking spaces. 7. Permit services will include building and zoning compliance permit submittal to the City and Borough of Kodiak. Estimated permit expenses include permit costs and printing/delivery of 2 hard copies of design drawings and specifications to the City of Kodiak. Estimated permit labor includes coordination of permit submittal, printing, and shipping of documents to Kodiak. Per coordination with the Borough, an as -built will be required for the zoning compliance permit; our fee assumes that the Borough will be able to provide an as -built from their records (a new as -built will not be required) and parking count analysis is not required. Permit fees do not include added costs for additional inspections beyond the number include under the initial permit fee; additional inspection costs will be by others. 8. Work with facility personnel to gather information regarding existing systems operations and infrastructure. 9. Commissioning Services 9.1. Commissioning will be focused on functional checkout and verification of equipment operations. Contractor support of commissioning will be required by specifications. 9.1.1. AMC will generate pre -functional installation and functional checkout lists to be completed by Contractor. 9.1.2. AMC will review BAS trend data to confirm equipment operations in accordance with specified sequences of operations. 9.1.3. AMC will perform on -site functional observation of equipment upon Contractor's completion and submission of commissioning checklists. 9.1.4. AMC will provide a final commissioning report. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 129 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 5 of 7 Our Deliverables to you will include: 1. 95% design documents, consisting of narratives, drawings, and technical specifications. 2. Construction documents consisting of final basis of design narrative, stamped & signed drawings, and technical specifications. 3. Responses to AHJ permit review comments. 4. Permit services are limited to responses to permit review questions. 5. Submittal reviews and responses to contractor requests for information (RFI's). 6. Record drawings and ProvCAD system updates for mechanical and electrical work. ProvCAD system updates are dependent upon execution and completion of previously submitted fee proposal to set up MEP ProvCAD files and links for the PKIMC facility. Structural and civil as-builts are not included, but can be provided as an additional service if requested. 7. Two mechanical and one electrical construction site visit reports. We assume one interim construction phase site visit and one substantial completion site visit for mechanical, and one substantial completion site visit for electrical. 8. Mechanical commissioning with final commissioning report. Other assumptions include: 1. Project will be constructed by Providence preselected contractor Davis Constructors and Engineers. 1.1. Contract `front-end' and Division 1 specifications will be provided by Kodiak Island Borough or Providence as required. 1.2. Design team will provide technical specifications for our areas of work including mechanical, plumbing, electrical, and structural work. 2. Deliverables will be in electronic PDF format. Hard copy deliverables are not required. 2.1. Hard copies required for permit submittal will be provided on a Time and Expense basis, if requested. 3. No design phase weekly or cyclic design meetings are required. Meetings with PKIMC personnel will be conducted as needed for design coordination. 4. Attendance at CA phase weekly meetings are included for anticipated duration of 6 months. Recording and issuing meeting minutes will be by others. 5. We will use ProvCAD, existing as-builts, and PKIMC facilities information for basis of our concept design and infrastructure assessment. 6. The design goal is to reuse existing chilled water distribution piping and pathways as practicable for this project. 7. Estimation of probable construction costs will be by others, if required. 8. Hazards such as asbestos, lead, or other hazardous materials will be addressed by you through other consultants, as required. 9. Energy, LCCA, or other economic analysis are not required. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 130 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 6 of 7 10. PKIMC has a power meter and personnel available to meter the various distribution switchboards. 11. Architectural design services will not be required for this mechanical equipment replacement project. Minor architectural work including roofing work will be by performance note. 12. Existing electrical service is sized sufficiently to support addition of mechanical equipment and new switchboard. 13. Construction phasing and accommodation of temporary cooling not required. Chiller replacement work is assumed to occur outside of cooling season. Site Visits: 1. The following site visits by AMC Engineers to PKIMC are included in this proposal. 1.1. Design Phase Site Visits: 1.1.1. One two-day mechanical engineer design phase site visit is included in this proposal. Site visit will be conducted in 95% design phase. 1.1.2. One two-day electrical engineer design phase site visit is included in this proposal. Site visit will be conducted in the 95% design phase. 1.1.3. One two-day civil engineer design phase site visit is included in this proposal. Site visit will be conducted in the 95% design phase. 1.2. Construction Phase Site Visits: 1.2.1. Two two-day mechanical engineer construction phase site visits are included in this proposal. One interim construction phase site visit will be conducted to observe construction progress and one site visit will be conducted at substantial completion of construction. A punch list site report will be provided for each site visit. Timing of site visits will be coordinated with the Contractor and PKIMC. 1.2.2. One two-day electrical engineer construction phase site visit is included in this proposal. Construction phase site visit will be conducted at substantial completion of construction. A punch list site report will be provided. Timing of site visits will be coordinated with the Contractor and PKIMC. 1.3. Commissioning Site Visits: 1.3.1. One two-day commissioning site visit by mechanical engineer is included in this proposal. A commissioning site visit report will be provided to document the commissioning process outcomes and any recommended remaining action items. 1.4. For reference, an estimated cost for a two-day site visit by one engineer is $3,400. If an additional site visit is determined necessary for either mechanical or electrical engineer during design or construction phase, we will notify Providence to recommend an additional site visit. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 131 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 7 of 7 Fee Proposal: 1. Refer to attached fee proposal summary sheet. 2. Additional services such as changes in project scope, printing, delays, permit submittal services, and other impacts, will be performed on a Time and Expense, T&E, basis unless other arrangements are made. 3. This agreement is between AMC Engineers and you. There are no third party beneficiaries to this agreement. 4. This proposal is valid for one year, after which AMC reserves the right to review and revise our proposal to reflect billing rates, project changes, or schedule changes. Schedule: 1. We anticipate the following schedule for design services. All durations are based upon receipt of formal NTP for each design phase, and do not include Owner review periods. 1.1. 95% Design: 6 weeks. 1.2. 100% Design: 2 weeks. Flexibility This is our current understanding of the scope and effort required for this project. We remain flexible and can work with you to adjust the scope, modify our list of deliverables, discuss the schedule, and negotiate our fee accordingly. Thank you for contacting us on this project. We look forward to continuing our work at the Providence Kodiak Island Medical Center. Sincerely, AMC ENGINEERS � Matt Olson, PE, CHC Associate, Senior Mechanical Engineer Attachments: 1. Fee summary, 1 page. 2. AMC current rate sheet, 1 page. 3. Civil engineering services scope letter, 4 pages. \\amc-epod-fMprojects\21346 PKCHILL\!PM\Fee\241001 Completion Fee to Include Civil\Fe241011 PKIMC Chiller Replace Design_Construction_ Commissioning_R2.docx Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 132 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB4573-8EC8-1ADAEB989CB6 Akh9c ENGINEERS Project Number: 21346 Date: 11-Oct-2024 Project Code: PKCHILL Approved by: Prepared by: MRO PKIMC Chiller Replacement - Rev 2 SUMMARY OF DESIGN SERVICES Mechanical Electrical Structural Civil Total Basis 95% Construction Documents $28,585 $9,420 $3,335 $16,500 $57,840 LSFF 95% Design Site Visit Labor $2,400 $2,400 $0 $2,570 $7,370 LSFF 95% Design Travel Expenses $930 $930 $0 $930 $2,790 T&E Construction Documents $14,335 $4,040 $1,430 $5,500 $25,305 LSFF Total Design Services $46,250 $16,790 $4,765 $25,500 $93,305 SUMMARY OF CONSTRUCTION SERVICES Mechanical Electrical Structural Civil Total Basis Pemit Services Labor $7,590 $800 $0 $0 $8,390 T&E Permit Expenses $15,625 $0 $0 $0 $15,625 T&E Construction Administration (CA) $34,590 $10,960 $2,900 $2,000 $50,450 T&E Record Documents & ProvCAD $4,530 $2,320 $0 $0 $6,850 T&E CA Travel Expenses $1,860 $930 $0 $0 $2,790 T&E Commissioning (Cx) $15,740 $1,230 $0 $0 $16,970 T&E Cx Expenses $930 $0 $0 $0 $930 T&E Total Construction Services $80,865 $16,240 $2,900 $2,000 $102,005 Mechanical Electrical Structural Civil Total Basis Grand Total Proposal $127,115 $33,030 $7,665 $27,500 $195,310 Mixed Key: LSFF = Lump Sum Fixed Fee, T&E = Time and Expense, NTX = Time and Expense Not to Exceed, NIC = Not in Contract. BASIC ASSUMPTIONS Our Standard Rate Schedule applies to all additional services. The prevailing rate schedule will apply to all services provided on a Time & Expenses basis. Any task or service with a zero total can be added as an additional service if requested. A portion of expenses and other costs will be charged at each applicable phase. Reference scope of work letter dated October 11, 2024 for anticipated project scope, assumptions, and exclusions. Thank you for selecting AMC Engineers to work with you on this project! Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 133 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 Awe ENGINEERS 2024 RATE SCHEDULE A. The following rates are effective January 1, 2024 Principal Engineer 8 Senior Engineer 7 Senior Engineer 6 Project Engineer 5 Engineer 4 Staff Engineer 3 Staff Engineer 2 Staff Engineer 1 BIM/CAD Technician Administrative Support Expert Witness and Related Services 701 East Tudor Road, Suite 250 Anchorage, AK 99503 1907.257.9100 2950 Newmarket Street, Suite 101 PMB 265 Bellingham, WA 98226 1360.255.7235 amc-engineers.com Straight Time Rate Per Hour $235.00 $220.00 $205.00 $190.00 $180.00 $165.00 $150.00 $135.00 $130.00 $95.00 By Negotiation B. Expenses for direct reimbursable items, such as the following, will be billed at cost: 1. Expenses incurred in necessary travel. 2. Third party subcontracts. C. Travel by company furnished automobiles will be billed at the current IRS approved rate. (Area within Municipality of Anchorage and Whatcom County is excluded.) Charges for air travel will be billed at the prevailing commercial coach airfare in effect at the time of booking. D. Billings are normally calculated from the first through the end of each month. Monthly invoices are mailed the second week of the next month. Payments are due three weeks from the date of invoice. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 134 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEI3989CB6 MON Moo ■ tH ENTERPRISE o ENGINEERING, INC. September 30, 2024 Matthew Olson, ME Email Transmittal: MOlson@amc-engineers.com AMC Engineers 701 E. Tudor Road, Ste 250 Anchorage, AK, 99503 SUBJECT: Letter of Understanding — Engineering Services Providence Kodiak Island Medical Center (PKIMC) Chiller Replacement Kodiak, AK EEI Proposal No. 10380.01 Dear Mr. Olson: Enterprise Engineering Inc. is pleased to submit this proposal to provide Consulting Engineering services for the project mentioned above. STATEMENT OF INTENT The scope of the project is based on a discussion and an email from you on September 24', and the 65% drawing set. This Letter of Understanding presents our understanding of the required scope of services and our fees for providing these services. Please inform us if your understanding is other than described herein. The project is located at Providence Kodiak Island Medical Center (PKIMC) at 1915 E. Rezanof Dr. in Kodiak, Alaska. The site legal description is Lot 2A-1, Block 1, Hospital Subdivision, in the Kodiak Recording District. The property is zoned PL, Public Use Lands District. The scope of the project will include a new chiller, near the northeast corner of the hospital building lower level mechanical room. EEI's services will include civil design services, and support during construction. We understand construction is planned for spring and summer 2025. EEI will provide design services for the site improvements, including civil design, and support during construction. We understand that AMC will oversee and coordinate the design effort, and that you or your designee will serve as the overall project manager. You will be our primary point of contact and will be the primary contact with the client and governing review agencies. We understand Davis Constructors & Engineers will be the general contractor, and will provide input during submission reviews. SCOPE OF SERVICES Site Visit An engineer with EEI will attend the site visit, along with other design team members. It is expected the trip will be in November 2024, and will include a mid -day commercial flight from Anchorage, and a return flight the following afternoon. AMC will provide ground transportation. During the visit we will make measurements, obtain photos, and otherwise investigate the areas of the proposed improvements. We will solicit other information as possible from site personnel. A visit to a City office for other consultation may be included. FALMOUTH, ME 04105 ANCHORAGE, AK 99503 HONOLULU, HI 96819 400 US ROUTE 1 3501 C STREET 3375 KOAPAKA ST. NORTH SUITE B SUITE 650 SUITE B-232 207.869.8006 1 907.5 63.3 83 5 808.260.1481 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 135 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement Engineering Services Proposal September 30, 2024 Base Map Preparation EEI will prepare a project site base map, which will be the basis for the civil site plan. We will use the AutoCAD file that St. Denny Surveying provided to EEI as part of the 2013 Long Term Care Facility project. This survey/base map will be used as the basis for the project base map. The areas of interest are generally the proposed chiller, ATS building, and parking locations identified in a markup photo you provided. Pertinent information will be added to the base map, based on site measurements, for items that have changed or been added since the 2013 base map. The base map will be prepared in AutoCAD format, and can be made available to other disciplines for their use. Site Design EEI will provide the site design to be used in performing the site demolition, repairs, and new site improvements. Major items anticipated are a new chiller and a concrete support pad about 30' x 16', relocation of a remote Fire Department Connection, curb and gutter modifications, and a new light pole. Another major element is a new parking area to provide approximately six spaces that are displaced by the chiller and ATS project, to be located near the propane tank to the west. As the ground drops off abruptly in this area, retaining walls will be required to contain the necessary fill. A new light pole may be necessary for the spaces. The site and grading plan will be needed for the submittal for a Building Permit from the City of Kodiak/Kodiak Island Borough, including approval from Kodiak Fire Department. We will prepare a Demolition Plan, which will show the extents of removals necessary to perform the work. General construction notes and a legend will be included on this sheet. The notes will address material requirements for concrete, asphalt, and earthwork. Notes will reference City of Kodiak Specifications. A Site and Grading Plan will be prepared, to show locations and plan dimensions of improvements, including chiller pad, parking area, necessary curb, pavement and sidewalk modifications. Elevations will be provided for the improvements. We will work with you to determine location of site elements, with consideration of impact to existing improvements, and to pedestrian and vehicular traffic patterns. To create a flat pad for the parking spaces long the access drive, retaining walls around much of the parking area will be necessary to contain the fill. The walls could be of reinforced concrete, or segmental block. We will consider any preferences Davis may have. Assumptions will be made regarding soils conditions, as information at the specific site is not available. Traffic barriers will be incorporated. A drawing will be provided with a plan and sections as necessary to depict the design. The Site Details sheet will contain details and sections to further define the work. The details will show earthwork to support the new elements, curb and pavement details, light pole base, bollards, and other details as needed. Submittals will be at 95% complete, then at 100% complete. We assume meetings and reviews will be virtual, and through phone and email. Meetings will be held only as necessary to coordinate the design. We will provide engineering support during the building permit phase of the project. We will respond to review comments, and either provide you with written responses, or make drawing changes as needed. Engineering Support During Construction (T & E) We will provide engineering support during construction of the project. These services include reviewing submittals, issuing design clarifications, and working with you to resolve changes due to unforeseen construction developments. Changes initiated by the owner or contractor are not included. We have assumed 8 office hours and no site visits. As -built preparation is not included. Page 2 o f 4 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 136 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement Engineering Services Proposal September 30, 2024 DELIVERABLES We will furnish the following documents for your use, in pdf format. Construction Documents Submittal Plans (22" x 34"/11" x 17) Demolition Plan & General Notes Site & Grading Plan Retaining Wall Plan & Details Site Details EXCLUSIONS/ASSUMPTIONS As further clarification of our scope of services, we have listed exclusions and assumptions below: 1. Landscaping design. 2. Bidding documents, specifications, or cost estimating. 3. Handling & disposal of contaminated soils and other hazardous materials. 4. Construction testing, construction inspection, and record drawings are not included. 5. SWPPP is not included. 6. Basis of Design document or cost estimating. COMPENSATION In accordance with your request, we propose to provide basic included services as described within this Letter of Understanding on a lump sum (fixed fee) and time and expenses (T&E) basis as follows: We will bill on a monthly basis based on percentage complete for lump sum phases and actual time and expenditures spent on T&E phases, based on our standard hourly billing rates. The estimated fees for the T&E phases will not be exceeded without your written approval. Page 3 of 4 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 137 of 198 AGENDA ITEM #14.D.1. Docusign Envelope ID: 30681F01-73CB-4573-8EC8-1ADAEB989CB6 PKIMC Chiller Replacement Engineering Services Proposal September 30, 2024 SCHEDULE The 95% submittal is planned for 6 weeks from NTP. After receipt of review comments, the 100% will be submitted within 2 weeks. We will make every effort to meet your schedule. GENERAL CONDITIONS AND AUTHORIZATION A copy of our standard CONTRACT GENERAL CONDITIONS is attached. These general conditions become incorporated into our contract upon receipt of your signed authorization to proceed with the services stated in this proposal. Please sign and return an electronic copy of this document to Enterprise Engineering, Inc. so that we may begin work on this project. Please call if you have any questions. The opportunity to propose Consulting Engineering services is appreciated. Sincerely, ENTERPRISE ENGINEERING, INC. Carl Bassler, P.E. Principal, Civil Engineer ACCEPTED BY: DATE: FOR: Attachments: • Contract General Conditions • EEI Engineering Rates - 2024 Page 4 of 4 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 138 of 198 AGENDA ITEM #14.D.1. Outlook RE: Invoice NPB110104. From Steele, Tyler W <Tyler.Steele@providence.org> Date Fri 1/16/2026 2:44 PM To Patricia Valerio <pvalerio@kodiakak.us>; Aimee Williams <awilliams@kodiakak.us>; Codi Allen <callen@kodiakak.us> Patricia, Please see the below explanation I received from John Bush. Does this suffice for an explanation or do you want AMC to go back in their books and revise their billing? "Tyler - Understanding the history helps: Invoice 26808 was submitted 11/7/25 for processing and payment and showed $0 previously billed. I rejected invoice 26808 and asked AMC to review, revise and resubmit their invoice as their site labor and travel expenses should have been T&M NTE but they were billing for the full fee which was incorrect. Invoice 26856 was submitted 12/8/25 for processing and payment with the totals previously billed from invoice 26808 reflected on the invoice. Invoice 26808R (Revised) was submitted 12/19/25 which was after invoice 26856 was submitted. Because of this timing AMC's accounting system shows that they previously billed for invoice 26856 which is correct chronologically speaking. Let me know if that helps or if we do need to have AMC revise their billings. Thank you! V/R, John Bush Director Design Construction, Real Estate Strategy & Operations I AK Region O 907-290-5386 C 907-227-6782 John. Bush@providence.org" Tyler Steele "Parts on Order" Interim Senior Facilities Manager — PKIMC I Real Estate Strategy & Operations 0:907.486.9583 C:907.654.4714 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 139 of 198 AGENDA ITEM #14.D.1. I e- Providence From: Patricia Valerio <pvalerio@kodiakak.us> Sent: Friday, January 16, 2026 12:06 PM To: Steele, Tyler W <Tyler.Steele@providence.org>; Aimee Williams <awilliams@kodiakak.us>; Codi Allen <callen@kodiakak.us> Subject: [EXTERNAL] Re: Invoice NP13110104. Hi Tyler, The risk is that the Assembly will ask questions as to why those numbers are off for that portion. I'll leave it up to .@Aimee Williams and @Codi Allen if we wait for the revised invoice or if we move forward with the Jan 29 & Feb 5 agenda. Thanks, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough pvalerio@kodiakak.us Cell. 907-512-7141 Office.907-486-9341 Need Maintenance Assistance? Submit a work order through the link below: ❑X Submit a Request HERE! PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Steele, Tyler W <Tyler.Steele@providence.org> Sent: Friday, January 16, 2026 11:49 AM To: Patricia Valerio <pvalerio@kodiakak.us> Cc: Codi Allen <callen kodiakak.us>; Aimee Williams <awilliams@kodiakak.us> Subject: RE: Invoice NP13110104. Patricia, I don't think that I will be able to get them to make changes to the invoice this late to have it to you by this afternoon? Tyler Steele "Parts on Order" Interim Senior Facilities Manager — PKIMC I Real Estate Strategy & Operations 0:907.486.9583 C:907.654.4714 4 Providence From: Patricia Valerio <pvalerio@kodiakak.us> Sent: Friday, January 16, 2026 11:19 AM To: Steele, Tyler W <Tyler.Steele@providence.org> Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 140 of 198 AGENDA ITEM #14.D.1. Cc: Codi Allen <callen kodiakak.us>; Aimee Williams <awilliams@kodiakak.us> Subject: [EXTERNAL] Fw: Invoice NP6110104. Hi Tyler, Having reviewed these invoices; • On AMC INV 26856 there should be zeros in the "previously billed", page 3. • It doesn't make sense for it to have the exact amount of the future ("current fee billing") costs listed there (from INV 26808R) • And we have not paid anything towards the 95% design phase. All previous invoices through PKIMC from AMC were designated for the 65% design. Is there a way that you could have AMC remove the previously billed numbers from AMC INV 26856? Thanks, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough pvalerio@kodiakak.us Cell. 907-512-7141 Office.907-486-9341 Need Maintenance Assistance? Submit a work order through the link below: ❑x Submit a Request HERE! PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Steele, Tyler W <Tyler.Steele@providence.org> Sent: Friday, January 16, 2026 10:15 AM To: Patricia Valerio <pvalerio kodiakak.us> Cc: Codi Allen <callen kodiakak.us> Subject: RE: Invoice NP6110104. Patricia, Attached you will find the required invoice. Tyler Steele "Parts on Order" Interim Senior Facilities Manager — PKIMC I Real Estate Strategy & Operations 0:907.486.9583 C:907.654.4714 0 Providence From: Patricia Valerio <pvalerio@kodiakak.us> Sent: Friday, January 16, 2026 10:08 AM To: Steele, Tyler W <Tyler.Steele@providence.org> Cc: Codi Allen <callen kodiakak.us> Subject: [EXTERNAL] Fw: Invoice NP6110104. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 141 of 198 AGENDA ITEM #14.D.1. Good morning Tyler, Could you please provide the backup invoices and proposal from AMC for this PKIMC invoice? Thanks, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough pvalerio@kodiakak.us Cell. 907-512-7141 Office.907-486-9341 Need Maintenance Assistance? Submit a work order through the link below: ❑X Submit a Request HERE! PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Providence Non Patient AR <non-patientaraccountingteam _providence.org> Sent: Friday, January 16, 2026 9:49 AM To: EF Projects <EFprojects kodiakak.us>; Natalee.Martin@providence.org<Natalee.Martin(a�providence.org> Subject: Invoice NP6110104. Please find your invoice attached. This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 142 of 198 AGENDA ITEM #14.D.1. I:c l •1 /_1:41;9 W_1 h 117:101:1011,1 l: Architectural and Engineering Review Board Regular Meeting December 18, 2025 Held at 3:00pm in the Conference Room 121 of the Kodiak Island Borough Building. CALL TO ORDER ROLL CALL Jascha Zbitnoff called the regular meeting to order at 3:02 p.m. Board Members present were Jascha Zbitnoff, Jon Melin, Ty Swanson, Dan Rohrer and Doug Mathers. Jerrol Friend was absent. A quorum was established. Also present were Kodiak Island Borough Administrative Official Seema Garoutte, Kodiak Island Borough Project Manager Codi Allen, Jensen Yorba Wall's Corey Wall, Providence Kodiak Island Medical Center Tyler Steele and their Architectural and Engineering Team, Karen Stephens and Matthew Olsen. APPROVAL OF AGENDA Staff asked to add Port Lions School Painting 35% as item (d) There were no objections. APPROVAL OF MINUTES MELIN MOVED to approve the minutes from September 22, 2025. MATHERS seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) NEW BUSINESS a. Election of New Chair Jascha announced to the board that he will not be renewing his membership and his term expires December 31, 2025, so this will be his last meeting. A new chair and vice chair should be elected, and the floor was opened for nominations. Dan Rohrer also announced that he would not be renewing his membership either. ROHRER nominated Jon Melin as Chair, and Doug Mathers as Vice Chair. No objections were heard. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY b. Community Pool Condition Assessment Codi Allen introduced Corey Wall from Jensen Yorba Wall. Corey summarized the report and focused concerns. He also reviewed the small-scale project for the lifeguard room, which was approved to move forward by the Assembly in their discussion on Dec. 16tn Kodiak Island Borough December 18, 2025 Architectural and Engineering Review Board Regular Meeting Minutes Page 1 of 2 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 143 of 198 AGENDA ITEM #14.D.1. c. PKIMC Chiller Replacement Project 95% Codi Allen introduced Tyler Steele. Tyler and Matthew Olsen reviewed the updates to the designs. There was a discussion regarding the parking and the seismic requirements for the unit. MELIN MOVED to approve the 95% drawings and allow PKIMC and KIB to move forward to 100% design without having to return to the ARB. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY d. Port Lions School Painting 35% Codi Allen summarized the Port Lions School Painting. There was some discussion regarding the Chiniak Painting bid requirements and if that was successful. It was and it is encouraged to keep the requirements the same to allow for quality control measures with all parties involved. Corey reviewed the rot concerns and showed pictures. Discussion regarding the areas of rot ensued among the board. MELIN MOVED to approve the 35% design and work towards a 65% as the architects address the areas of rot and from facia issues. SWANSON seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY BOARD MEMBERS' COMMENTS Doug Mathers — thanks for updating my email. Jon Melin — we are going to miss you Jascha and Dan. Jascha Zbitnoff — its been fun and I'll be around, but I have a lot of work coming up. ADJOURNMENT ROHRER MOVED to adjourn the meeting at 4:06 pm. SWANSON seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY RESPECTIVELY SUBMITTED: PROJECTS ASSISTANT: Patricia Valerio CHAIRPERSON: Jon Melin Architectural/Engineering Review Board Kodiak Island Borough December 18, 2025 DATE: IH_111:3i Architectural and Engineering Review Board Regular Meeting Minutes Page 2 of 2 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 144 of 198 PKIMC Assembly Reimbursement Tracking PKIMC KIB Mtg Date of Approval Description Cost Requested Paid? Amount Paid Date *not pre -approved -approved later at 4.7.2023 Chiller Compressor Replacement $ 47,402.40 Yes $ 47,402.40 4.5.2024 *not pre -approved AHU1 Supply Fan Motor Replacement $ 32,824.47 Yes $ 32,824.47 4.5.2024 5.19.2023 Fire Damper Repairs &Replacements $ 111,771.99 Yes $ 111,771.99 4.5.2024 6.15.2023 AHU1 Design NTE $ 25,000.00 Yes $ 23,732.50 12.19.2025 2.16.2024 Sterile Processing Dept. 35% & 65%Design $ 143,857.00 2.16.2024 Reverse Osmosis and Steam Generator Design to 35% $ 29,788.00 11.17.2023 AHU Fan Wall Design $ 38,000.00 Yes $ 14,267.50 12.12.2025 11.17.2023 Automatic Transfer Switches Design $ 45,033.00 Yes $ 45,033.00 12.12.2025 11.17.2023 Chiller Replacement Design to 65% $ 187,824.00 Yes $ 63,977.12 12.12.2025 T v m Cn 0 00 T v m Cn 0 00 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Authorization For The Borough Manager To Reimburse Providence Kodiak Island Medical Center For The Chiller 100% Design And Construction Documents In The Amount Of $25,305 ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to authorize the Borough Manager to reimburse Providence Kodiak Island Medical Center for the Chiller 100% Design and Construction Documents in the amount of $25,305. DISCUSSION: PKIMC has had the Chiller Replacement project in the design since 2024. As we have moved through the design phases, Staff have brought the designs at their respective stages to the Health Facilities Advisory Board (HFAB) and the Architectural Review Board (ARB). At their most recent meeting ARB approved the 95% design and provided direction for PKIMC and KIB Staff to move on to the 100% design without having to return to the ARB for final approval. Attached to this agenda item is the AMC Engineer's proposal dated October 11, 2024, the proposal included a listing of the fees for the design phases. The 100% design fee is listed as $25,305. PKIMC has not been able to provide an invoice yet, however they would like to request reimbursement for the fees required to finish the Chiller Replacement design to 100% and receive construction documents in the amount of $25,305. ALTERNATIVES: FISCAL IMPACT: Fund Source: PKIMC R&R Current Balance as of 1/23/2026 *If the 95% Reimbursement Agenda Item is Approved: $6,418,766.90 Previously Assembly Approved Reimbursement Encumbrances minus KIB Paid Reimbursements: $406,129.10 Current Reimbursement Request: $25,305 Total Reimbursement Encumbrance plus this Request: $431,434.10 (If Approved) New R&R Projected Balance: $6,393,461.90 OTHER INFORMATION: Kodiak Island Borough Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 146 of 198 AGENDA ITEM #14.D.2. AMC 701 East Tudor Road, Suite 250 Anchorage, AK 99503 1 907.257.9100 ENGINEERS 2215 Midway Ln, Suite 200 Bellingham, WA 98226 1 360.255.7235 amc-engineers.com 11 October 2024 Mr. John Bush Director Design Construction, Real Estate Strategy & Operations, AK Region Providence Shared Services 3760 Piper Street, Suite 1060 Anchorage, Alaska 99508 via email john.bush@providence.org RE: PKIMC Chiller Replacement — Design and Construction Services - Rev 2 (21346) SUBJ: Mechanical and Electrical Engineering Design, Construction Administration, and Commissioning Services Fee Proposal Dear John: This letter is in response to your recent request for updated engineering design and construction services for the chiller replacement at the Providence Kodiak Island Medical Center (PKIMC) critical access hospital located in Kodiak, Alaska. Our fee is based upon the 16 August 2024 65% design deliverable and recent teleconferences between AMC Engineers and Providence regarding addition of civil engineering services. General project summary: 1. Replacement chiller equipment will be designed around an outdoor air-cooled chiller system with indoor equipment including pumps, plate heat exchanger, buffer tank, and expansion tanks. a. Basis of design manufacturer for the outdoor chiller equipment will be York. The outdoor air-cooled chiller will be selected and specified with consideration for the local coastal climate including corrosion resistant coil and frame coatings. Our documents and specifications will list the manufacturer noted above, and any alternate brands will require a substitution request. b. Equipment will be selected and located with a goal of limiting refrigerant circuit volume below the 2021 IMC threshold requiring a refrigeration machinery room. Locating the chiller exterior on grade adjacent to the building will aid in avoiding a machinery room requirement. Roof openings into the boiler room will relocation to achieve this goal. c. We understand Providence is currently working on a project for upgrades to central air handling unit AHU-1 to increase its capacity from 42,000 CFM to 55,000 CFM which will impact the cooling coil and chiller loads. We received a preliminary cooling coil performance selection from the AHU upgrade design team which was used in the chiller sizing for the 65% design. We recommend Providence share the AHU-1 upgrade project design documents with AMC Engineers for coordination Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 147 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 2 of 7 with chilled water system loads and final central chilled water system equipment sizing. d. Chiller plant and distribution systems will be sized based on 2021 ASHRAE weather data 0.4% Annual Dry Bulb outdoor conditions for coil entering air condition and the original design scheduled leaving air conditions. Original design coil leaving air conditions are anticipated to provide adequate dehumidification for compliance with 2022 FGI and 2021 ASHRAE-170 space criteria. The 65% design chiller plant sizing includes the AHU-1 upgrades to 55,000 CFM. e. Chiller equipment selections will be specified to require seismic certification by the manufacturer. Shake table tested equipment will be specified where available on equipment meeting project design requirements and from equipment manufacturers with local sales and engineering support. f. Equipment Redundancy: i. Full N+1 redundancy is not planned for the chilled water system equipment. 1. The specified chiller will have dual circuits allowing for partial operation in event that circuit is inoperable. 2. The heat exchanger, buffer tank, and expansion tanks will not include N+1 redundant equipment. 3. Chilled water and chilled glycol pumps will be designed in redundant N+1, lead/standby, arrangement. 2. Associated chilled water system equipment replacement will include: a. Chiller. b. Two chilled water loop circulation (lead/standby) pumps, each with a variable frequency drive. c. Two chilled glycol loop circulation (lead/standby) pumps, each with a variable frequency drive. d. Chilled glycol loop buffer tank. e. Plate and frame heat exchanger. f. Chilled water loop and chilled glycol loop air separators. g. Chilled water loop by-pass valve. h. Chilled water loop and chilled glycol loop expansion tanks. i. Local piping, valves, instrumentation, pipeline, and equipment appurtenances. j. Sensors and controls for replaced equipment. 3. Testing, Adjusting, and Balancing will be by performance specification. 4. New chilled water system equipment controls will be connected to the existing Siemens Desigo system. Controls interface will be by performance specification. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 148 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 3 of 7 5. Civil work will include: a. Site plan modifications around the new chiller site. b. Site plan modifications adjacent to the propane tank to create new parking spaces for those displaced by the chiller replacement project and the ATS replacement project. Goal will be to create 6 parking spaces near the propane tank to replace the 6 parking spaces displaced by these projects. c. A concrete retaining wall is anticipated to be required for the new parking spaces, similar to the retaining wall required for the propane tank. 6. AMC Engineers will be the prime design consultant and will provide mechanical and electrical engineering services. a. Structural engineering services will be by BBFM Engineers as a sub -consultant to AMC Engineers. b. Civil engineering services will be by Enterprise Engineering as a sub -consultant to AMC Engineers. c. We do not anticipate a need for architectural design services. Minor architectural work for roofing will be by performance note on drawings. No changes to floor plans, building occupancy and construction types, or building additions are anticipated. 7. Project will be designed in accordance with the 2021 ICC codes, the 2018 UPC, and the 2020 NEC. The following is our understanding of our Scope of Services: 1. Mechanical engineering design and equipment selection for chilled water system equipment, as noted under the previous general project summary. 2. Chilled water system cooling coil review and psychrometric analysis to determine sizing criteria for new chilled water system central equipment. 2.1. Analysis to account for cooling and dehumidification for hospital areas identified with specific temperature and humidity criteria by ASHRAE-170 and USP-797/800 standards including pharmacy compounding cleanrooms, sterile processing department, and operating rooms. Analysis will be based upon 2021 ASHRAE weather data. 2.2. Coordinate with the in -progress central air handling unit AHU-1 upgrades to include capacity for additional cooling coil loads, if necessary. Coordination will be limited to information provided by Providence. 2.3. Chiller system sizing to include 20% additional capacity for future growth. 3. Codes and Standards review and coordination with equipment selections and locations to avoid requirement to convert existing mechanical room(s) refrigeration machinery room(s). 4. Electrical engineering and design for power connections to new and replacement equipment. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 149 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 4 of 7 4.1. Existing chiller system is on the normal power distribution system, it is our understanding that the generators can provide power to the entire facility however, if the chiller system is considered essential or equipment branch, it should be moved to the NEC 517 essential electrical system and served by an appropriate automatic transfer switch. 4.2. Provide distribution switchboard connected to the main distribution switchboard to support new mechanical equipment. 5. Structural engineering services by BBFM Engineers will include: 5.1. Design of structural exterior concrete pad for support of the chiller equipment. 5.2. Design of bollards for physical protection of the chiller equipment. 5.3. Design for reinforced concrete housekeeping pads for support and anchorage of new and replacement mechanical equipment inside the building. 5.4. Structural engineering services assume upgrades to the building structure will not be required for support of new equipment. 6. Civil engineering services by Enterprise Engineering will include: 6.1. Site plan and site design for modifications around the new chiller site. 6.2. Site plan and site design for creation of new parking spaces adjacent to the propane tank. Goal will be to create 6 new parking spaces near the propane tank. 6.3. Retaining wall design for the new parking spaces. 7. Permit services will include building and zoning compliance permit submittal to the City and Borough of Kodiak. Estimated permit expenses include permit costs and printing/delivery of 2 hard copies of design drawings and specifications to the City of Kodiak. Estimated permit labor includes coordination of permit submittal, printing, and shipping of documents to Kodiak. Per coordination with the Borough, an as -built will be required for the zoning compliance permit; our fee assumes that the Borough will be able to provide an as -built from their records (a new as -built will not be required) and parking count analysis is not required. Permit fees do not include added costs for additional inspections beyond the number include under the initial permit fee; additional inspection costs will be by others. 8. Work with facility personnel to gather information regarding existing systems operations and infrastructure. 9. Commissioning Services 9.1. Commissioning will be focused on functional checkout and verification of equipment operations. Contractor support of commissioning will be required by specifications. 9.1.1. AMC will generate pre -functional installation and functional checkout lists to be completed by Contractor. 9.1.2. AMC will review BAS trend data to confirm equipment operations in accordance with specified sequences of operations. 9.1.3. AMC will perform on -site functional observation of equipment upon Contractor's completion and submission of commissioning checklists. 9.1.4. AMC will provide a final commissioning report. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 150 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 5 of 7 Our Deliverables to you will include: 1. 95% design documents, consisting of narratives, drawings, and technical specifications. 2. Construction documents consisting of final basis of design narrative, stamped & signed drawings, and technical specifications. 3. Responses to AHJ permit review comments. 4. Permit services are limited to responses to permit review questions. 5. Submittal reviews and responses to contractor requests for information (RFI's). 6. Record drawings and ProvCAD system updates for mechanical and electrical work. ProvCAD system updates are dependent upon execution and completion of previously submitted fee proposal to set up MEP ProvCAD files and links for the PKIMC facility. Structural and civil as-builts are not included, but can be provided as an additional service if requested. 7. Two mechanical and one electrical construction site visit reports. We assume one interim construction phase site visit and one substantial completion site visit for mechanical, and one substantial completion site visit for electrical. 8. Mechanical commissioning with final commissioning report. Other assumptions include: 1. Project will be constructed by Providence preselected contractor Davis Constructors and Engineers. 1.1. Contract `front-end' and Division 1 specifications will be provided by Kodiak Island Borough or Providence as required. 1.2. Design team will provide technical specifications for our areas of work including mechanical, plumbing, electrical, and structural work. 2. Deliverables will be in electronic PDF format. Hard copy deliverables are not required. 2.1. Hard copies required for permit submittal will be provided on a Time and Expense basis, if requested. 3. No design phase weekly or cyclic design meetings are required. Meetings with PKIMC personnel will be conducted as needed for design coordination. 4. Attendance at CA phase weekly meetings are included for anticipated duration of 6 months. Recording and issuing meeting minutes will be by others. 5. We will use ProvCAD, existing as-builts, and PKIMC facilities information for basis of our concept design and infrastructure assessment. 6. The design goal is to reuse existing chilled water distribution piping and pathways as practicable for this project. 7. Estimation of probable construction costs will be by others, if required. 8. Hazards such as asbestos, lead, or other hazardous materials will be addressed by you through other consultants, as required. 9. Energy, LCCA, or other economic analysis are not required. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 151 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 6 of 7 10. PKIMC has a power meter and personnel available to meter the various distribution switchboards. 11. Architectural design services will not be required for this mechanical equipment replacement project. Minor architectural work including roofing work will be by performance note. 12. Existing electrical service is sized sufficiently to support addition of mechanical equipment and new switchboard. 13. Construction phasing and accommodation of temporary cooling not required. Chiller replacement work is assumed to occur outside of cooling season. Site Visits: 1. The following site visits by AMC Engineers to PKIMC are included in this proposal. 1.1. Design Phase Site Visits: 1.1.1. One two-day mechanical engineer design phase site visit is included in this proposal. Site visit will be conducted in 95% design phase. 1.1.2. One two-day electrical engineer design phase site visit is included in this proposal. Site visit will be conducted in the 95% design phase. 1.1.3. One two-day civil engineer design phase site visit is included in this proposal. Site visit will be conducted in the 95% design phase. 1.2. Construction Phase Site Visits: 1.2.1. Two two-day mechanical engineer construction phase site visits are included in this proposal. One interim construction phase site visit will be conducted to observe construction progress and one site visit will be conducted at substantial completion of construction. A punch list site report will be provided for each site visit. Timing of site visits will be coordinated with the Contractor and PKIMC. 1.2.2. One two-day electrical engineer construction phase site visit is included in this proposal. Construction phase site visit will be conducted at substantial completion of construction. A punch list site report will be provided. Timing of site visits will be coordinated with the Contractor and PKIMC. 1.3. Commissioning Site Visits: 1.3.1. One two-day commissioning site visit by mechanical engineer is included in this proposal. A commissioning site visit report will be provided to document the commissioning process outcomes and any recommended remaining action items. 1.4. For reference, an estimated cost for a two-day site visit by one engineer is $3,400. If an additional site visit is determined necessary for either mechanical or electrical engineer during design or construction phase, we will notify Providence to recommend an additional site visit. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 152 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement — Design, Construction, and Commissioning Services Proposal — R2 11 October 2024 Page 7 of 7 Fee Proposal: 1. Refer to attached fee proposal summary sheet. 2. Additional services such as changes in project scope, printing, delays, permit submittal services, and other impacts, will be performed on a Time and Expense, T&E, basis unless other arrangements are made. 3. This agreement is between AMC Engineers and you. There are no third party beneficiaries to this agreement. 4. This proposal is valid for one year, after which AMC reserves the right to review and revise our proposal to reflect billing rates, project changes, or schedule changes. Schedule: 1. We anticipate the following schedule for design services. All durations are based upon receipt of formal NTP for each design phase, and do not include Owner review periods. 1.1. 95% Design: 6 weeks. 1.2. 100% Design: 2 weeks. FlexibilitV This is our current understanding of the scope and effort required for this project. We remain flexible and can work with you to adjust the scope, modify our list of deliverables, discuss the schedule, and negotiate our fee accordingly. Thank you for contacting us on this project. We look forward to continuing our work at the Providence Kodiak Island Medical Center. Sincerely, AMC ENGINEERS U41m Matt Olson, PE, CHIC Associate, Senior Mechanical Engineer Attachments: 1. Fee summary, 1 page. 2. AMC current rate sheet, 1 page. 3. Civil engineering services scope letter, 4 pages. \\amc-epod-fs\projects\21346 PKCHILL\!PM\Fee\241001 Completion Fee to Include Civil\Fe241011 PKIMC Chiller Replace Design_Construction_Commissioning_R2.docx Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 153 of 198 AGENDA ITEM #14.D.2. A&M. ENGINEERS Project Number: 21346 Date: 11-Oct-2024 Project Code: PKCHILL Approved by: Prepared by: MRO PKIMC Chiller Replacement - Rev 2 SUMMARY OF DESIGN SERVICES Mechanical Electrical Structural Civil Total Basis 95% Construction Documents $28,585 $9,420 $3,335 $16,500 $57,840 LSFF 95% Design Site Visit Labor $2,400 $2,400 $0 $2,570 $7,370 LSFF 95% Design Travel Expenses $930 $930 $0 $930 $2,790 T&E Construction Documents $14,335 $4,040 $1,430 $5,500 $25,305 LSFF Total Design Services $46,250 $16,790 $4,765 $25,500 $93,305 SUMMARY OF CONSTRUCTION SERVICES Mechanical Electrical Structural Civil Total Basis Pemit Services Labor $7,590 $800 $0 $0 $8,390 T&E Permit Expenses $15,625 $0 $0 $0 $15,625 T&E Construction Administration (CA) $34,590 $10,960 $2,900 $2,000 $50,450 T&E Record Documents & ProvCAD $4,530 $2,320 $0 $0 $6,850 T&E CA Travel Expenses $1,860 $930 $0 $0 $2,790 T&E Commissioning (Cx) $15,740 $1,230 $0 $0 $16,970 T&E CxExpenses $930 $0 $0 $0 $930 T&E Total Construction Services $80,865 $16,240 $2,900 $2,000 $102,005 Mechanical Electrical Structural Civil Total Basis Grand Total Proposal $127,115 $33,030 $7,665 $27,500 $195,310 Mixed Key: LSFF = Lump sum Fixed Fee, T&E = Time and Expense, NTX = Time and Expense Not to Exceed, NIC = Not in Contract. BASIC ASSUMPTIONS Our Standard Rate Schedule applies to all additional services. The prevailing rate schedule will apply to all services provided on a Time & Expenses basis. Any task or service with a zero total can be added as an additional service if requested. A portion of expenses and other costs will be charged at each applicable phase. Reference scope of work letter dated October 11, 2024 for anticipated project scope, assumptions, and exclusions. Thank you for selecting AMC Engineers to work with you on this project! Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 154 of 198 AGENDA ITEM #14.D.2. AMC E N G I N E E R S 2024 RATE SCHEDULE A. The following rates are effective January 1, 2024 Principal Engineer 8 Senior Engineer 7 Senior Engineer 6 Project Engineer 5 Engineer 4 Staff Engineer 3 Staff Engineer 2 Staff Engineer 1 BIM/CAD Technician Administrative Support Expert Witness and Related Services 701 East Tudor Road, Suite 250 Anchorage, AK 99503 1 907.257.9100 2950 Newmarket Street, Suite 101 PMB 265 Bellingham, WA 98226 1 360.255.7235 amc-engineers.com Straight Time Rate Per Hour $235.00 $220.00 $205.00 $190.00 $180.00 $165.00 $150.00 $135.00 $130.00 $95.00 By Negotiation B. Expenses for direct reimbursable items, such as the following, will be billed at cost: 1. Expenses incurred in necessary travel. 2. Third party subcontracts. C. Travel by company furnished automobiles will be billed at the current IRS approved rate. (Area within Municipality of Anchorage and Whatcom County is excluded.) Charges for air travel will be billed at the prevailing commercial coach airfare in effect at the time of booking. D. Billings are normally calculated from the first through the end of each month. Monthly invoices are mailed the second week of the next month. Payments are due three weeks from the date of invoice. Adams, Morgenthaler and Company, Inc. Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 155 of 198 AGENDA ITEM #14.D.2. ENTERPRISE i ENGINEERING, INC September 30, 2024 Matthew Olson, ME Email Transmittal: MOlson@amc-engineers.com AMC Engineers 701 E. Tudor Road, Ste 250 Anchorage, AK, 99503 SUBJECT: Letter of Understanding — Engineering Services Providence Kodiak Island Medical Center (PKIMC) Chiller Replacement Kodiak, AK EEI Proposal No. 10380.01 Dear Mr. Olson: Enterprise Engineering Inc. is pleased to submit this proposal to provide Consulting Engineering services for the project mentioned above. STATEMENT OF INTENT The scope of the project is based on a discussion and an email from you on September 24', and the 65% drawing set. This Letter of Understanding presents our understanding of the required scope of services and our fees for providing these services. Please inform us if your understanding is other than described herein. The project is located at Providence Kodiak Island Medical Center (PKIMC) at 1915 E. Rezanof Dr. in Kodiak, Alaska. The site legal description is Lot 2A-1, Block 1, Hospital Subdivision, in the Kodiak Recording District. The property is zoned PL, Public Use Lands District. The scope of the project will include a new chiller, near the northeast corner of the hospital building lower level mechanical room. EEI's services will include civil design services, and support during construction. We understand construction is planned for spring and summer 2025. EEI will provide design services for the site improvements, including civil design, and support during construction. We understand that AMC will oversee and coordinate the design effort, and that you or your designee will serve as the overall project manager. You will be our primary point of contact and will be the primary contact with the client and governing review agencies. We understand Davis Constructors & Engineers will be the general contractor, and will provide input during submission reviews. SCOPE OF SERVICES Site Visit An engineer with EEI will attend the site visit, along with other design team members. It is expected the trip will be in November 2024, and will include a mid -day commercial flight from Anchorage, and a return flight the following afternoon. AMC will provide ground transportation. During the visit we will make measurements, obtain photos, and otherwise investigate the areas of the proposed improvements. We will solicit other information as possible from site personnel. A visit to a City office for other consultation may be included. FALMOUTH, ME 04105 ANCHORAGE, AK 99503 HONOLULU, HI 96819 400 US ROUTE 1 3501 C STREET 3375 KOAPAKA ST. NORTH SUITE B SUITE 650 SUITE B-232 207.869.8006 907.563.3835 808.2 60.148 1 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 156 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement Engineering Services Proposal September 30, 2024 Base Map Preparation EEI will prepare a project site base map, which will be the basis for the civil site plan. We will use the AutoCAD file that St. Denny Surveying provided to EEI as part of the 2013 Long Term Care Facility project. This survey/base map will be used as the basis for the project base map. The areas of interest are generally the proposed chiller, ATS building, and parking locations identified in a markup photo you provided. Pertinent information will be added to the base map, based on site measurements, for items that have changed or been added since the 2013 base map. The base map will be prepared in AutoCAD format, and can be made available to other disciplines for their use. Site Design EEI will provide the site design to be used in performing the site demolition, repairs, and new site improvements. Major items anticipated are a new chiller and a concrete support pad about 30' x 16', relocation of a remote Fire Department Connection, curb and gutter modifications, and a new light pole. Another major element is a new parking area to provide approximately six spaces that are displaced by the chiller and ATS project, to be located near the propane tank to the west. As the ground drops off abruptly in this area, retaining walls will be required to contain the necessary fill. A new light pole may be necessary for the spaces. The site and grading plan will be needed for the submittal for a Building Permit from the City of Kodiak/Kodiak Island Borough, including approval from Kodiak Fire Department. We will prepare a Demolition Plan, which will show the extents of removals necessary to perform the work. General construction notes and a legend will be included on this sheet. The notes will address material requirements for concrete, asphalt, and earthwork. Notes will reference City of Kodiak Specifications. A Site and Grading Plan will be prepared, to show locations and plan dimensions of improvements, including chiller pad, parking area, necessary curb, pavement and sidewalk modifications. Elevations will be provided for the improvements. We will work with you to determine location of site elements, with consideration of impact to existing improvements, and to pedestrian and vehicular traffic patterns. To create a flat pad for the parking spaces long the access drive, retaining walls around much of the parking area will be necessary to contain the fill. The walls could be of reinforced concrete, or segmental block. We will consider any preferences Davis may have. Assumptions will be made regarding soils conditions, as information at the specific site is not available. Traffic barriers will be incorporated. A drawing will be provided with a plan and sections as necessary to depict the design. The Site Details sheet will contain details and sections to further define the work. The details will show earthwork to support the new elements, curb and pavement details, light pole base, bollards, and other details as needed. Submittals will be at 95% complete, then at 100% complete. We assume meetings and reviews will be virtual, and through phone and email. Meetings will be held only as necessary to coordinate the design. We will provide engineering support during the building permit phase of the project. We will respond to review comments, and either provide you with written responses, or make drawing changes as needed. Engineering Support During Construction (T & E) We will provide engineering support during construction of the project. These services include reviewing submittals, issuing design clarifications, and working with you to resolve changes due to unforeseen construction developments. Changes initiated by the owner or contractor are not included. We have assumed 8 office hours and no site visits. As -built preparation is not included. Page 2 of 4 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 157 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement Engineering Services Proposal September 30, 2024 DELIVERABLES We will furnish the following documents for your use, in pdf format. Construction Documents Submittal Plans (22" x 34"/11" x 17") Demolition Plan & General Notes Site & Grading Plan Retaining Wall Plan & Details Site Details EXCLUSIONS/ASSUMPTIONS As further clarification of our scope of services, we have listed exclusions and assumptions below: 1. Landscaping design. 2. Bidding documents, specifications, or cost estimating. 3. Handling & disposal of contaminated soils and other hazardous materials. 4. Construction testing, construction inspection, and record drawings are not included. 5. SWPPP is not included. 6. Basis of Design document or cost estimating. COMPENSATION In accordance with your request, we propose to provide basic included services as described within this Letter of Understanding on a lump sum (fixed fee) and time and expenses (T&E) basis as follows: Site Visit $ 3,500 Engineering Support During Construction $ 2,000 Total ME Fee $ 5,500 We will bill on a monthly basis based on percentage complete for lump sum phases and actual time and expenditures spent on T&E phases, based on our standard hourly billing rates. The estimated fees for the T&E phases will not be exceeded without your written approval. Page 3 of 4 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 158 of 198 AGENDA ITEM #14.D.2. PKIMC Chiller Replacement Engineering Services Proposal September 30, 2024 SCHEDULE The 95% submittal is planned for 6 weeks from NTP. After receipt of review comments, the 100% will be submitted within 2 weeks. We will make every effort to meet your schedule. GENERAL CONDITIONS AND AUTHORIZATION A copy of our standard CONTRACT GENERAL CONDITIONS is attached. These general conditions become incorporated into our contract upon receipt of your signed authorization to proceed with the services stated in this proposal. Please sign and return an electronic copy of this document to Enterprise Engineering, Inc. so that we may begin work on this project. Please call if you have any questions. The opportunity to propose Consulting Engineering services is appreciated. Sincerely, ENTERPRISE ENGINEERING, INC. Carl Bassler, P.E. Principal, Civil Engineer ACCEPTED BY: DATE: FOR: Attachments: • Contract General Conditions • EEI Engineering Rates - 2024 Page 4 of 4 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 159 of 198 AGENDA ITEM #14.D.2. I:c l •1 /_1:41;9 W_1 h 117:101:1011,1 l: Architectural and Engineering Review Board Regular Meeting December 18, 2025 Held at 3:00pm in the Conference Room 121 of the Kodiak Island Borough Building. CALL TO ORDER ROLL CALL Jascha Zbitnoff called the regular meeting to order at 3:02 p.m. Board Members present were Jascha Zbitnoff, Jon Melin, Ty Swanson, Dan Rohrer and Doug Mathers. Jerrol Friend was absent. A quorum was established. Also present were Kodiak Island Borough Administrative Official Seema Garoutte, Kodiak Island Borough Project Manager Codi Allen, Jensen Yorba Wall's Corey Wall, Providence Kodiak Island Medical Center Tyler Steele and their Architectural and Engineering Team, Karen Stephens and Matthew Olsen. APPROVAL OF AGENDA Staff asked to add Port Lions School Painting 35% as item (d) There were no objections. APPROVAL OF MINUTES MELIN MOVED to approve the minutes from September 22, 2025. MATHERS seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) NEW BUSINESS a. Election of New Chair Jascha announced to the board that he will not be renewing his membership and his term expires December 31, 2025, so this will be his last meeting. A new chair and vice chair should be elected, and the floor was opened for nominations. Dan Rohrer also announced that he would not be renewing his membership either. ROHRER nominated Jon Melin as Chair, and Doug Mathers as Vice Chair. No objections were heard. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY b. Community Pool Condition Assessment Codi Allen introduced Corey Wall from Jensen Yorba Wall. Corey summarized the report and focused concerns. He also reviewed the small-scale project for the lifeguard room, which was approved to move forward by the Assembly in their discussion on Dec. 16tn Kodiak Island Borough December 18, 2025 Architectural and Engineering Review Board Regular Meeting Minutes Page 1 of 2 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 160 of 198 AGENDA ITEM #14.D.2. c. PKIMC Chiller Replacement Project 95% Codi Allen introduced Tyler Steele. Tyler and Matthew Olsen reviewed the updates to the designs. There was a discussion regarding the parking and the seismic requirements for the unit. MELIN MOVED to approve the 95% drawings and allow PKIMC and KIB to move forward to 100% design without having to return to the ARB. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY d. Port Lions School Painting 35% Codi Allen summarized the Port Lions School Painting. There was some discussion regarding the Chiniak Painting bid requirements and if that was successful. It was and it is encouraged to keep the requirements the same to allow for quality control measures with all parties involved. Corey reviewed the rot concerns and showed pictures. Discussion regarding the areas of rot ensued among the board. MELIN MOVED to approve the 35% design and work towards a 65% as the architects address the areas of rot and from facia issues. SWANSON seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY BOARD MEMBERS' COMMENTS Doug Mathers — thanks for updating my email. Jon Melin — we are going to miss you Jascha and Dan. Jascha Zbitnoff — its been fun and I'll be around, but I have a lot of work coming up. ADJOURNMENT ROHRER MOVED to adjourn the meeting at 4:06 pm. SWANSON seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY RESPECTIVELY SUBMITTED: PROJECTS ASSISTANT: Patricia Valerio CHAIRPERSON: Jon Melin Architectural/Engineering Review Board Kodiak Island Borough December 18, 2025 DATE: IH_111:3i Architectural and Engineering Review Board Regular Meeting Minutes Page 2 of 2 Authorization For The Borough Manager To Reimburse Providence Kodiak Isl... Page 161 of 198 PKIMC Assembly Reimbursement Tracking PKIMC KIB Mtg Date of Approval Description Cost Requested Paid? Amount Paid Date *not pre -approved -approved later at 4.7.2023 Chiller Compressor Replacement $ 47,402.40 Yes $ 47,402.40 4.5.2024 *not pre -approved AHU1 Supply Fan Motor Replacement $ 32,824.47 Yes $ 32,824.47 4.5.2024 5.19.2023 Fire Damper Repairs &Replacements $ 111,771.99 Yes $ 111,771.99 4.5.2024 6.15.2023 AHU1 Design NTE $ 25,000.00 Yes $ 23,732.50 12.19.2025 2.16.2024 Sterile Processing Dept. 35% & 65%Design $ 143,857.00 2.16.2024 Reverse Osmosis and Steam Generator Design to 35% $ 29,788.00 11.17.2023 AHU Fan Wall Design $ 38,000.00 Yes $ 14,267.50 12.12.2025 11.17.2023 Automatic Transfer Switches Design $ 45,033.00 Yes $ 45,033.00 12.12.2025 11.17.2023 Chiller Replacement Design to 65% $ 187,824.00 Yes $ 63,977.12 12.12.2025 T v m rn N O 00 T v m rn N O 00 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License Renewal Application For Bernie's Bar, LLC Doing Business As Bernie's Bar (License #4346) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: The Assembly is to assess the beverage dispensary renewal application based on the information contained within the packet, feedback received from staff, response from local law enforcement, and any response from the Fire Marshall. Below are examples of motions that may be used: Motion 1: Move to voice non -protest to the State Of Alaska Alcohol And Marijuana Control Office (AMCO) Beverage Dispensary renewal application for Bernie's Bar, LLC, DBA Bernie's Bar, located at 320 Center Street and direct the Clerk to notify AMCO of this decision. Motion 2: Move to voice protest to the State Of Alaska Alcohol And Marijuana Control Office (AMCO) Beverage Dispensary renewal application for Bernie's Bar, LLC, DBA Bernie's Bar, located at 320 Center Street and direct the Clerk to notify the applicant of this intent. The basis for this protest is due to the number trouble reports at the place of business. DISCUSSION: On January 2, 2026, the Clerk's Office received a renewal notice for License #4346 from the Alcohol and Marijuana Control Office (AMCO) for Bernie's Bar, LLC, DBA Bernie's Bar. The Clerk's Office subsequently initiated a review and was notified by the Kodiak Police Department of multiple trouble reports associated with the establishment. Pursuant to KIBC 5.01.020, a renewal application could be protested based on unpaid taxes or trouble reports. Within the 60-day protest period, the Assembly shall determine, by adoption of a motion, whether a protest is to be lodged with the Alcoholic Beverage Control Board and shall state the Assembly's reasons for the protest. The deadline to submit a response to AMCO is March 3, 2026. ALTERNATIVES: 1. Issue a letter of protest. 2. Issue a letter of non -protest. FISCAL IMPACT: OTHER INFORMATION: AS O4.11.480 A local governing body may protest the renewal by sending the AMCO director and the applicant a protest and the reason for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. The Borough must also provide Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 163 of 198 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING evidence of proof of service upon the applicant and proof that the applicant has had the opportunity to defend the application before the local governing body's meeting. 3 AAC 305.085 The local governing body has the authority to protest renewal of a liquor license for public policy reasons or due to license -related issues. KIBC 5.01.020 (B) If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. Kodiak Island Borough Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 164 of 198 AGENDA ITEM #14.D.3. From: Irene Arellano To: Kiera, Hilary Cc: Clerks; Cornelius. Elizabeth R. Subject: RE: Bernie"s Bar LLC - Trouble Reports Date: Monday, January 12, 2026 9:16:11 AM Thank you. Ire4,w1AreV a*i&,, CMC Assistant Clerk I Kodiak Island Borough 710 Mill Bay Road, Rm 234 Kodiak, AK 99615 Phone 907-486-9314 Email: iarellanonn kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Kjera, Hilary <hkjera@city.kodiak.ak.us> Sent: Sunday, January 11, 2026 1:46 AM To: Irene Arellano <iarellano@kodiakak.us> Cc: Clerks <Clerks@kodiakak.us>; Cornelius, Elizabeth R. <ecornelius@city. kodiak.ak.us> Subject: RE: Bernie's Bar LLC -Trouble Reports Good morning, Below is a list of law enforcement responses made by KPD: 04/05/2025 Subject Removal 25-01583 04/13/2025 Disturbance at Bar 25-01754 04/23/2025 Subject Removal 25-01933 05/10/2025 Subject Removal 25-02256 05/10/2025 Theft 25-02257 06/02/2025 Fraud 25-02736 06/05/2025 Assault 25-02807 06/14/2025 Subject Removal 25-03007 06/15/2025 Assault 25-03035 07/20/2025 Assault -Knife 25-03676 08/09/2025 Fraud 25-04065 09/21/2025 Suspicious Cir 25-04977 Please let me know if you have any questions. Cpl. Hilary Kjera Public Safety Dispatcher Kodiak Police Department (907) 486-8000 xi Phone (907) 486-89o9 Fax Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 165 of 198 AGENDA ITEM #14.D.3. From: Irene Arellano <iarellano(@kodiakak.us> Sent: Friday, January 2, 2026 4:56 PM To: Kjera, Hilary <hkiera(@city.kodiak.ak.us> Cc: Clerks <ClerksC6Dl<odial<ak.us>; Cornelius, Elizabeth R. <ecornelius(cDcity.kodiak.ak.us> Subject: Bernie's Bar LLC - Trouble Reports [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Hello, The Alcohol & Marijuana Control Office has notified the Clerk's Office of a Beverage Dispensary License (BDL) renewal application for Bernie's Bar LLC, located at 320 Center Street. According to the Borough code section below, please confirm if there have been any trouble reports at this establishment in the past year, such as fighting, underage smoking, minors on premises, or any other issues that required law enforcement intervention. We hope to hear from you by Thursday, January 22. Kindly reply via email with "none reported" if there have been no trouble reports. KIBC 5.02.030 State license renewal procedure. The clerk shall check with the Kodiak Police Department and Alaska State Troopers on the number of trouble reports at the place of business. Thank you, I reel 1Arella.r v0-, CMC Assistant Clerk I Kodiak Island Borough 710 Mill Bay Road, Rm 234 Kodiak, AK 99615 Phone 907-486-9314 Email: iarellanoa.kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 166 of 198 AGENDA ITEM #14.D.3. THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71h Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 January 2, 2026 From: Alcohol.Iicensing@alaska.gov; amco.localgovernmentonly@alaska.gov; Licensee: Bernie's Bar LLC DBA: Bernie's Bar VIA email: aballao@yahoo.com Local Government 1: Kodiak (City of) Local Government 2: Kodiak Island Borough Via Email: clerks@city.kodiak.ak.us; Icruz@kodiakak.us; clerks@kodiakak.us Re: Beverage Dispensary License #4346 Combined Renewal Notice for 2026-2027 Renewal Cycle License Number: #4346 License Type: Beverage Dispensary License Licensee: Bernie's Bar LLC Doing Business As: Bernie's Bar Physical Address: 320 Center Street Kodiak, AK 99615 Designated Licensee: Anabel Ballao Phone Number: 907-654-4202 Email Address: aballao@yahoo.com ® License Renewal Application ❑ Endorsement Renewal Application Dear Licensee: Our staff has reviewed your application after receiving your application and the required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(s), your community council if your proposed premises are in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(s) will have 60 days to protest the renewal of your license. Your application will be scheduled for the February 3rd, 2026 board meeting for Alcoholic Beverage Control Board consideration. The address and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 167 of 198 AGENDA ITEM #14.D.3. protest per AS O4.11.480(a). Information about this board meeting can be found on our website closer to the date of the board meeting. Home, Alcohol & Mariluana Control Office Please feel free to contact us through the Alcohol.licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above -listed licenses within your jurisdiction. This is the notice required under AS O4.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear Community Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above -listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above -referenced entities regarding the above application, as required under AS O4.11.310(b) and AS O4.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding the review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, Reece Parks, Licensing Examiner II For Kevin Richard, Director Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 168 of 198 AGENDA ITEM #14.D.3. Document reference ID : 6322 Renewal Application Summary Application ID: License No: License Type applied for Renewal: Licensee Name: License Expiration Date: Doing Business As: Premises Address: Application Status: Application Submited On: Entity Information Business Structure: FEIN/SSN Number: Alaska Entity number (CBPL) Alaska Entity Formed Date: Home State: 6322 4346 Beverage Dispensary License(BDL) Bernie's Bar Llc 12/31 /2025 Bernie's Bar 320 Center Street, Kodiak, AK, 99615 In Review 11/09/2025 01:22 PM AKST Limited liability company 10199114 Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 169 of 198 AGENDA ITEM #14.D.3. Entity Contact Information Entity Address: P.O. Box 1529, Kodiak, AK, 99615 Local Government and Community Council Details City/Municipality: Borough: Renewal Information Kodiak (City of) Kodiak Island Borough Are there any changes to your ownership structure that have not been reported to AMCO prior to this application?: No As set forth in AS O4.11.330, how many hours did you operate during the first calendar year for this renewal period?: The license was regularly operated continuously throughout the first calendar year for this renewal period. As set forth in AS O4.11.330, how many hours did you operate during the second calendar year for this renewal period?: The license was regularly operated continuously throughout the second calendar year for this renewal period. Please select the seasonality: Year-round Has any person or entity in this application been convicted or disciplined for a violation of Title 04, 3 AAC 304 or 305, or a local ordinance adopted under AS O4.21.010 in the preceding two calendar years?I: No Have any notices of violation or citations been issued for this license during the preceding two years?: Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 170 of 198 AGENDA ITEM #14.D.3. No Attestations As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 305, and that this application, including all accompanying schedules and statements, are true, correct, and complete. I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license being potentially expired if I do not comply with statutory or regulatory requirements. I certify that in accordance with AS O4.11.450, no one other than the licensee(s), as defined in AS 04.11.260, has a direct or indirect financial interest in the licensed business. I certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have provided all required documents for any new or changes of officers. I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 305.700. I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Signature This application was digitally signed by: Anabel A Ballao on 11/09/2025 01:26 PM AKST Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 171 of 198 AGENDA ITEM #14.D.3. Payment Info Payment Type : CC Payment Id: 482936cb-5b3f-4795-b75f-Oa566add085f Receipt Number: 101195407 Payment Date: 11/09/2025 01:33 PM AKST Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 172 of 198 v m v w 0 00 Alaska Business License # 2188012 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that the owner Bernie's Bar LLC is licensed by the department to do business as Bernie's Bar PO BOX 1529, Kodiak, AK 99615 for the period October 7, 2025 to December 31, 2027 for the following line(s) of business: 72 -Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner AGENDA ITEM #14.D.3. 1/2/26, 3:28 PM Division of Corporations, Business and Professional Licensing ENTITY DETAILS Name(s) Type Name Legal Name Bernie's Bar LLC Entity Type: Limited Liability Company Entity #: 10199114 Status: Good Standing AK Formed Date: 6/22/2022 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2028 Entity Mailing Address: PO BOX 1529, KODIAK, AK 99615 Entity Physical Address: 320 CENTER AVENUE, KODIAK, AK 99615 Registered Agent Agent Name: Anabel Ballao Registered Mailing Address: PO BOX 1529, KODIAK, AK 99615 Registered Physical Address: 320 CENTER AVENUE, KODIAK, AK 99615 Officials OShow Former AK Entity # Name Titles Owned Anabel Ballao Member 100.00 Filed Documents Type AK -Filing Certificate 6/22/2022 Creation Filing Click to View Click to View 6/26/2022 Initial Report Click to View 7/12/2022 Correction Click to View Click to View 10/19/2023 Biennial Report Click to View 3/07/2025 Change of Officials Click to View, 10/07/2025 Biennial Report Click to View Close Details I I & Print Friendly Version https://www.commerce.alaska.gov/cbp/main/search/entities K Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Off... Page 174 of 198 AGENDA ITEM #14.D.4. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointment To The Planning And Zoning Commission City Seat Of Mr. Joseph Delgado ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to confirm the Mayoral appointment of Mr. Joseph Delgado to the Planning and Zoning Commission City Seat for a term to expire December 31, 2028. DISCUSSION: There are currently two vacant City seats on the Planning and Zoning Commission. At the City Council's regular meeting on January 22, 2026, the Council recommended Mr. Joseph Delgado to the Planning and Zoning Commission City seat for a term to expire December 31, 2028. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.105.010 There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Kodiak Island Borough Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 175 of 198 AGENDA ITEM #14.D.4. Office of the Borough Clerk Application For 710 Mill Bay Road, Room 234 Kodiak, Boards Committees Commission AK99 � 7 ! Phone:(907)486-93110 & Work Groups Fax: (907) 486-9391 clerks(@ kodia ka Us The information on this application is made available to the public. In order to serve, you need to meet the requirements in KIBC 2.100.040. Please check all that applies. I am a qualified voter of the Borough. I have been a resident of the Borough for at least one year. Q If appointed, I understand that I must remain a resident of the Borough while in office. tApplicant Information, Full Name: 1=J1 Pam(_ L GG 1 C] Physical Address Where you Claim Residency:�l Mailing Address: L 5� ko lit, % GC k 1--76( f ,' Phone Number(s): "1 0 C4 q D, of �, "l ?j EmailAddress(s): yu-e- In 1 � a. ntt , L7cyv- Employer/Occupation: l� e �� em-4 0l9 heck the Board, Committee, Commission, or Work Group for which you are applying: O Architectural/Engineering Review Board O Bay View Road Service Area O Citizens Board of Equalization O Fire Protection Area No.1 O Kodiak Fisheries Development Association O Monashka Bay Road Service Area O Kodiak Fisheries Work Group O Mission Lake "Tide Gate" Service Area O Parks and Recreation Committee O Service Area No. 1 ■ Planning and Zoning Commission* O Trinity Island Street Light Service Area O Solid Waste Advisory Board O Womens Bay Service Area Board O Other: O Woodland Acres Street Light Service Area Please Answer the Fo((owing Are you a Borough Resident? 0 Yes O No If yes, for how long? 14 b *Planning and Zoning Commissions are required to fill out the Alaska Public Offices Commission Financial Disclosure Forms. If appointed, are you willing to fill out the forms? DY es O No Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 176 of 198 AGENDA ITEM #14.D.4. Background Information Please list any current memberships or organization(s) you belong to or participate in: What background, special training, education, experience, or credentials do you possess and will bring to your selection(s): Vo T e c, �r(6,d eOU DLIZ I KVLe � �0/`4 ✓ s .� l Why are you interested in serving on the selected Board, Committee, Commission, or Work Group? Explain your main reason for applying. This may include information on future goals or projects you wish to see accomplished or any additional information that may assist the Mayor and Assembly in the decision -making process. You may attach an additional page if needed: V �—�l c �, V PLI ru 0 i rt8z c1 cu S SO X1 A resume or letter of interest may be attached but is not required. . STAFF USE ONLY. Borough Registered Voter: Q Yes O No Resident of the Borough for at least one year: ®Yes O No Resident of the City of Kodiak: XYes O No Resident of the Service Area: 17Yes ❑ No Date received: 2 Z z 2 QZ Date provided to the Mayor or Assembly: W99AMM, For P&Z City seats, date sent to the City of Kodiak: In I 1 7�_/ 2r Additional notes: BOROUGH c LENKS OFFICE K0D1AK.- REVISED 01/24 Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 177 of 198 AGENDA ITEM #14.D.4. -.Alm KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION NAME (4 BOROUGH SEATS) TERM ENDS CONTACT NO. EMAIL 1 Athenas Williamson 377 Neva Way 2027 (907) 539-2346 athenas.williamson(a)kibplanning.org 2 Cort Neff PO Box 8592 2027 (907) 512-7272 907 486-6248 cort.neff(a)kibplanning.org 3 Craig Dagen 2222 Beaver Lake Dr. 2026 (626) 833-0348 craig.dagen(a)kibplanning.org 4 Sara Fraser 3239 Spruce Cape Road 2028 (907) 799-9282 sara.fraser(a)kibplanning.org NAME (3 CITY SEATS) TERM ENDS CONTACT NO. EMAIL 5 VACANT 2028 6 VACANT 2027 7 Tracy Craig 1616 Larch Street 2026 (907) 942-3507 tracy.craig(a�kibplanning.org CommunityDevelo ment Department Staff: Chris French, AICP CDD Director (907) 486-9360 cfrencha-kodiakak.us Code Enforcement Officer Bronwyn Currie Assistant Planner (907) 486-9363 bcurrie a( kodiakak.us Hailee Wallace Secretary III (907) 486-9361 hwallace(o)kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.105, Planning and Zoning Commission Adopted By-laws, Ratified date: April 17, 2017 Rev. by LC 12/18/2025 Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 178 of 198 AGENDA ITEM #14.D.4. COUNCIL ACTION NEWS U X January 22, 2026 ��ASKP At the January 22, 2026, Regular Meeting, the City Council took the following actions: • Postponed adoption of Ordinance No. 1463, to the February 26, 2026, regular Council meeting • Postponed adoption of Ordinance No. 1464, to the February 26, 2026, regular Council meeting • Postponed adoption of Ordinance No. 1465, to the February 26, 2026, regular Council meeting • Passed Ordinance No. 1466, Amending Kodiak City Code Section 3.08.280 to Include Acupuncture as a Sales Tax-exempt Medical Service, in the first reading and advanced to second reading and public hearing at the next regular or special meeting • Adopted Resolution No. 2026-01, Adopting an Alternative Method for the FY2026 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 13: Kodiak Area • Adopted Resolution No. 2026-02, Authorizing Sales Tax Collection Suits • Adopted Resolution No. 2026-03, Appropriating and Transferring $178,617.00 from the Water Utility Fund to the Building Improvement Fund, Project No. 600016 New Kodiak Fire Station Project and Authorize Change Order No. 6 with Osborne Construction Company for the New Fire Station Project • Voiced a non -objection to the endorsement of the Beverage Dispensary Tourism License No. 600 for Island Hotels LLC DBA Chart Room and directed the City Clerk to notify AMCO • Voiced a non -objection to the renewal of the Beverage Dispensary License No. 1211 for Wade Ball Inc. DBA Village Bar and directed the City Clerk to notify AMCO • Voiced a non -objection to the renewal of the Beverage Dispensary License No. 4346 for Bernie's Bar LLC DBA Bernie's Bar and directed the City Clerk to notify AMCO • Voiced a non -objection to the renewal of the Winery Manufacturer License No. 6007 for Double Shovel Cider Company DBA Double Shovel Cider Kodiak and directed the City Clerk to notify AMCO • Voiced a non -objection to the renewal of the Winery Retail License No. 15312 for Double Shovel Cider Company DBA Double Shovel Cider Kodiak and directed the City Clerk to notify AMCO Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 179 of 198 AGENDA ITEM #14.D.4. • Voiced a non -objection to the renewal of the Brewery Retail License No. 15787 for Kodiak Island Brewing Company LLC DBA Kodiak Island Brewery Co LLC and directed the City Clerk to notify AMCO • Voiced a non -objection to the renewal of the Distillery Retail License No. 15788 for Kodiak Island Brewing Company LLC DBA Kodiak Island Still and directed the City Clerk to notify AMCO • Confirmed the mayoral appointments to the Airport Advisory Board, Building Code Board of Appeals, Historic Preservation Commission, Joint Fisheries Work Group, Parks and Recreation Advisory Board, and Port and Harbors Advisory Board as follows: o Paul Horn to the Airport Advisory Board regular seat with term ending December 31, 2028 o Steven Smith to the Airport Advisory Board regular seat with term ending December 31, 2028 o Jay Wattum to the Airport Advisory Board regular seat with term ending December 31, 2028 o Taj Shoemakerto the Airport Advisory Board alternate seat with term ending December 31, 2026 o John Whiddon to the Airport Advisory Board alternate seat with term ending December 31, 2026 o Scott Arndt to the Building Code Board of Appeals regular seat with term ending December 31, 2028 o Peggy Azuyak to the Historic Preservation Commission City resident seat with term ending December 31, 2028 o Molly Odell to the Historic Preservation Commission Anthropologist seat with term ending December 31, 2028 o Councilmember Nick Mangini to the Joint Fisheries Work Group as the City of Kodiak representative o Sara Loewen-Danelski to the Parks and Recreation Advisory Board regular seat with term ending December 31, 2028 o Carmal Carty to the Parks and Recreation Advisory Board regular seat with term ending December 31, 2028 o Councilmember Sandra West as a nonvoting ex officio seat to the Parks and Recreation Advisory Board with a term ending December 31, 2026 o Alexus Kwachka to the Port and Harbors Advisory Board regular seat with term ending December 31, 2028 Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 180 of 198 AGENDA ITEM #14.D.4. o Sara Fraser to the Port and Harbors Advisory Board regular seat with term ending December 31, 2028 o Tyler Schmeil to the Port and Harbors Advisory Board alternate seat with term ending December 31, 2026 o David Sharp to the Port and Harbors Advisory Board alternate seat with term ending December 31, 2026 • Recommended Joseph Delgado to the Planning and Zoning Commission seat with a term ending December 31, 2028 Confirmation Of Mayoral Appointment To The Planning And Zoning Commissio... Page 181 of 198 AGENDA ITEM #14.D.5. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointments Of City And Borough Representatives From The Planning And Zoning Commission To The Borough Lands Committee (Ms. Tracy Craig and Ms. Sara Fraser) ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the Mayoral appointments of Commissioner Tracy Craig as the Planning and Zoning Commission City representative and Commissioner Sara Fraser as the Borough representative to the Borough Lands Committee. DISCUSSION: The City and Borough's representatives on the Borough Lands Committee are filled each year. The commission provides recommendations to the mayor for the appointment of its members annually. The Clerk's Office received the recommendations on December 18, 2025, and the email is included in this packet. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 2.160.010 Created - Membership There is created a borough lands committee consisting of the following voting members: the mayor, two assembly members, one representative from the Alaska Native Claims Settlement Act (ANCSA) Corporations in the Kodiak region, one borough representative from the planning and zoning commission, one city representative from the planning and zoning commission, and one at large member from the public. Members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. There will be four nonvoting ex officio members: representative from the city of Kodiak council, the borough resource management officer, community development director and one representative from the United States Coast Guard appointed by the ISC commanding officer. 2.160.030Term — Compensation A. The mayor shall appoint two assembly members during the annual appointment of assembly member representatives to boards and committees. The commission shall make recommendations to the mayor for appointment of their members on an annual basis. The representative from ANCSA Corporations and the at large member from the public will serve for three-year terms. Kodiak Island Borough Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 182 of 198 AGENDA ITEM #14.D.5. PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Hailee Wallace <hwallace(@kodiakak.us> Sent: Thursday, December 18, 2025 9:12 AM To: Lina Cruz <lcruzPkodlakak.us>; Christopher French <cfrench(cDkodiakak.us> Subject: RE: Lands Committee - P&Z recommendation Good morning, Lina, At last nights' meeting the commission voted to recommend the same people who are currently on the lands committee. Sara Fraser as a Borough representative, and Tracy Craig as the City Representative. If there are any questions or concerns feel free to let me know. Best, Hailee Wallace CDD Secretary III (907)486-9361 Kodiak Island Borough 710 Mil Bay Road www.kodiakak.us From: Lina Cruz <Icruz(@kodiakak.us> Sent: Friday, December 5, 2025 4:30 PM To: Christopher French <cfrench(@kodiakak.us> Cc: Hailee Wallace <hwallace(@kodiakak.us> Subject: RE: Lands Committee - P&Z recommendation Sounds good, thank you. Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Confirmation Of Mayoral Appointments Of City And Borough Representatives... Page 183 of 198 AGENDA ITEM #14.D.6. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Board Of Ms. Joy Erlenbach ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to confirm the mayoral appointment to the Solid Waste Advisory Board of Ms. Joy Erlenbach to an At -Large seat for a term to expire on December 31, 2026. DISCUSSION: There is currently one at -large seat, one construction business representative, and one retail business representative seat vacant on the Solid Waste Advisory Board. This appointment will assign Ms. Erlenbach to the At -Large seat to expire on December 31, 2026. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code 2.100.030 Appointments A. 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. B. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly Kodiak Island Borough Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boar... Page 184 of 198 AGENDA ITEM #14.D.6. office of the Borough Clerk Application For 710 Mill Bay Road, Room 234 ' Kodiak, AK 99615 Boards, Committees, Commission a Phone: (907) 486-9310 & Work Groups Fax: (907) 486-9391 clerksokodiakak.us The information on this application is made available to the public. In order to serve, you need to meet the re uirements in KIBC 2.100.040. Please check all that applies. VI am a qualified voter of the Borough. 2 I have been a resident of the Borough for at least one year. 2 If appointed, I understand that I must remain a resident of the Borough while in office. Applicant Information Full Name: Joy Erlenbach Physical Address Where you Claim Residency: 1390 Buskin River Rd #4, Kodiak Ak 99615 MailingAddress: 1390 Buskin River Rd #4, Kodiak AK 99615 Phone Number(s): 208-907-5435 EmailAddress(s): joy.erlenbach@gmail.com Employer/Occupation: Biologist Check the Board, Committee, Commissloo, ar ftrk Group for which you are applying: I O Architectural/Engineering Review Board O Bay View Road Service Area O Citizens Board of Equalization O Fire Protection Area No. 1 O Kodiak Fisheries Development Association O Monashka Bay Road Service Area O Kodiak Fisheries Work Group O Mission Lake "Tide Gate" Service Area O Parks and Recreation Committee O Service Area No. i O Planning and Zoning Commission* O Trinity Island Street Light Service Area 3 Solid Waste Advisory Board O Womens Bay Service Area Board O Other: LEPC Category: O Woodland Acres Street Light Service Area Pleas*Amwer the Following Are you a Borough Resident? 2 Yes O No If yes, for how long? 5 yr *Planning and Zoning Commissions are required to fill out the Alaska Public Offices Commission Financial Disclosure Forms. If appointed, are you willing to fill out the forms? O Y es O No Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boar... Page 185 of 198 AGENDA ITEM #14.D.6. Background information Please list any current memberships or organization(s) you belong to or participate in: International Association for Bear Research and Management What background, special training, education, experience, or credentials do you possess and will bring to your selection(s): Bear management, 15 years, PhD bear biology; regular attendance Human -Bear Conflicts Workshops Why are you interested in serving on the selected Board, Committee, Commission, or Work Group? Explain your main reason for applying. This may include information on future goals or projects you wish to see accomplished or any additional information that may assist the Mayor and Assembly in the decision -making process. You may attach an additional page if needed: My interests are: 1) being a more invested and knowledgeable member of my community; 2) learning from other community members about challenges our community faces; and 3) providing any insight I may have on bear biology, behavior, and management strategies to improve the bear -solid waste interface in Kodiak. A resume or letter of interest may be attached but is not required. <STUSE ONLY - Borough Registered Voter: Yes O No Resident of the Borough for at least one year: O Yes O No Resident of the City of Kodiak: O Yes O No Resident of the Service Area: O Yes O No Date received: l 2( _� I I2( Date provided to the Mayor or Assembly: 1 Z 1 ;7(1 L� mfflmp DEC 3 1 2025 For P&Z City seats, date sent to the City of Kodiak: Additional notes: BOROUGH CLERK'S OFFICE KODIAK, ALASKA REVISED 01/24 Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boar... Page 186 of 198 AGENDA ITEM #14.D. 6. KODIAK ISLAND BOROUGH SOLID WASTE ADVISORY BOARD NAME TERM ENDS CONTACT NO. EMAIL At -Large Seats 1 Alicia Flores PO Box 8762 2028 (509) 579-9897 Ittaflores34(o)gmail.com alicia(a)afognak.org 2 Lawrence Van Daele (Vice -Chair) 3401 Antone Way 2028 (907) 654-8822 kodiaklarry(a)gmail.com 3 VACANT 2026 4 Judith Phillips 11240 Womens Bay Drive 2028 (907) 512-7410 iudgeludyp(cDgmail.com 5 Leanna Harrington 838 Sargent Creek Rd 2027 (907) 942-7575 lean naiharrington(@gmail.com 2 Designated Seats Construction Business Representative 6 VACANT 2027 Retail Business Representative 7 VACANT 2026 NAME TERM CONTACT EMAIL (Ex Officios, Non -Voting) ENDS NO. 1 Jeremiah Gardner October (907) 486-6249 Jeremiah. Gardner kibassembl .or Assembly Representative 2026 2 KIB Staff Representative 3 USCG Representative (907) 487-5494 Jennifer. n.nutt(a-)uscg.mil Jennifer N. Nutt (907) 854-4514 Environmental Division Chief 4 City of Kodiak Representative 5 Maggie Hubert April 29 mhubert kibsd.or KHS Student Council Rep Annually STAFF: Engineering and Facilities Department E&F Director (907) 486-9357 E&F Secretary (907) 486-9343 bprice(a)kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.145, Solid Waste Advisory Board By-laws adopted and ratified on June 2, 2010 Note: On 1/17/05, audited seat terms to reflect KIBC 2.145.030. Rev. by LC 12/19/2025 Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Boar... Page 187 of 198 AGENDA ITEM #17.A. KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 5, 2026 ASSEMBLY REGULAR MEETING SUBJECT: Discussion Of Pending Litigation With Kodiak Area Native Association (KANA), Case No. 3KO-21-00057C1 ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to convene into executive session to discuss pending litigation with Kodiak Area Native Association (KANA) under the authority of KIBC. 2.30.030 (F)(1)(b) Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. Move to invite the Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. DISCUSSION: This executive session has been scheduled to permit the Assembly to receive information concerning the pending litigation with KANA. The Assembly may provide Manager Williams with direction concerning this pending litigation. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Title 2 Administration and Personnel Rules of the Assembly F. Executive Sessions.The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session, the assembly in closed session may discuss: b. Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; Kodiak Island Borough Discussion Of Pending Litigation With Kodiak Area Native Association (KA... Page 188 of 198 AGENDA ITEM #19.A. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — January 19, 2026 SUMMARY ACTION ITEMS: APPROVED: Motion to move Item 9d. FY 27 Budget from "Action Items" to "Updates" and approve the agenda. APPROVED: Motion to approve the consent Agenda to include: • Board of Education Minutes: Motion to approve 2 sets of Special Meeting Minutes from January 5, 2026; Special Meeting Minutes of January 8, 2026; and Regular Meeting Minutes of December 8, 2025. • Advisory School Board Minutes (Akhiok and Old Harbor Schools): Motion to acknowledge receipt of the Advisory School Board Minutes, as submitted. • Motion to acknowledge receipt of the Monthly Staffing Report. APPROVED: Motion to approve acceptance of the following grants as presented: New Visions in the amount of $4,000.00, and Positive Behavior and Intervention Support in the amount of $4,500.00. APPROVED: Motion to acknowledge the receipt of the December Report of Revenues and Expenditures, with Year -to -Date General Fund Revenues in the amount of $25,168,654.12 and Year -to -Date General Fund Expenditures in the amount of $23,522,431.01. APPROVED: Motion to not approve the one-year leave of absence request for Christine Vidal and Jemuel Vidal for the 2026-2027 school year. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Kodiak Island Borough Boards and Committees Meeting Minutes Page 189 of 198 AGENDA ITEM #19.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting December 17, 2025 A regular meeting of the Kodiak Island Borough Planning and Zoning Commission was held on December 17, 2025, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Community Development Director Christopher French and Community Development Secretary III Hailee Wallace. CALL TO ORDER Meeting was called to order at 6:31 p.m. PLEDGE OF ALLEGIANCE Chair Fraser led the pledge of allegiance. ROLL CALL Present were Sara Fraser, Craig Dagen, Tracy Craig, Sean Cleary, and Nick Mangini. APPROVAL OF AGENDA CRAIG Moved to approve the agenda. VOICE VOTE CARRIED UNANIMOUSLY 5/0. APPROVAL OF MINUTES MANGINI moved to approve the November 19, 2025, Regular Meeting minutes. VOICE VOTE CARRIED UNANIMOUSLY 5/0. CITIZENS' COMMENTS • There were no citizen comments. PUBLIC HEARING Case No. 26-007 Blacha Variance - A Variance to Allow Encroachment of Existing Structure into Various Yard Requirements of the R3 District of Lot 11 Natalia Subdivision, Plat 2008-5 Located at 101 Natalia Way. MANGINI moved to approve Resolution FY2026-013 Chair Fraser opened the public hearing. Hearing and seeing none. Chair Fraser closed the public hearing. ROLL CALL VOTE PASSED FOUR TO ONE: Fraser, Craig, Cleary, Mangini (AYES); Dagen (NO). Case No. 26-009 - Request a Similar Use Determination to compare Church Use to Cultural Center Use in Title 17 Zoning Code Kodiak Island Borough December 17, 2025 Planning and Zoning Commission Regular Meeting Minutes Kodiak Island Borough Boards and Committees Meeting Minutes Page 190 of 198 AGENDA ITEM #19.A. DAGEN moved to approve Resolution FY2026-012 Chair Fraser opened the public hearing. Todd Hiner, Marilyn Guilmet, Cecile Hiner, and Celeste Dorman spoke under public hearing. Hearing and seeing no other comments, Chair Fraser closed the public hearing. MANGINI moved to amend the motion to continue at the next regular meeting. ROLL CALL VOTE ON AMENDMENT CARIED UNANIMOUSLY: Fraser, Dagen, Craig, Cleary, and Mangini. ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY: Fraser, Dagen, Craig, Cleary, and Mangini. OLD BUSINESS • none NEW BUSINESS Parking Requirement for Assembly Type Uses without Fixed Seating Commission came to agreement on parking recommendation for staff. Recommending two Commissioners for the Lands' Committee. DAGEN moved to keep the current Commissioners on the Lands' Committee. VOICE VOTE CARRIED UNANIMOUSLY. PLANNING AND ZONING CASE RESULTS LETTERS 26-005 Street Name Change Approval Letter 26-006 Variance Approval Letter ABBREVIATED AND FINAL APPROVALS - SUBDIVISIONS • None. DIRECTORS' COMMENTS Chris French delivered Directors Report of December 17, 2025. CITIZENS' COMMENTS • Sandra West COMMISSIONERS' COMMENTS • Cleary thanked commission for allowing him to join remotely, appreciate citizens for coming and voicing their opinions. • Dagen echo's Cleary sentiment on citizens opinions. Wishes everyone a happy holiday. Kodiak Island Borough Planning and Zoning Commission Regular December 17, 2025 Meeting Minutes Kodiak Island Borough Boards and Committees Meeting Minutes Page 191 of 198 AGENDA ITEM #19.A. • Craig thanks staff for all their work, glad case was postponed, wishes Nick a goodbye. • Mangini thanks everyone for allowing him to be apart of commission, thanks former Mayor Arndt for encouraging him to be on the Commission, and thanks staff. • Fraser appreciates public comments, either side of opinion is important, thanks everyone who participated. Reiterates how important it is to respond to PLAN 2045 surveys, talks about how much the plan will impact the future of the Island. ANNOUNCEMENTS FROM THE CHAIR a. The next Work Session of the Planning and Zoning Commission is scheduled for Wednesday, January 7th, at 6:30 p.m., in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for Wednesday, January 14th, at 6:30 p.m., in the Assembly Chambers. ADJOURNMENT MANGINI moved to adjourn. VOICE VOTE CARRIED UNANIMOUSLY. Meeting adjourned at 7:24p.m. KOD K ISLAND BOROUGH Sara Fraser, CHAIRPERSON ATTEST: aae*'e'- qaiVee Wallace, Secretary III Kodiak Island Borough Planning and Zoning Commission Regular December 17, 2025 Meeting Minutes Kodiak Island Borough Boards and Committees Meeting Minutes Page 192 of 198 v m w 0 00 Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: 00-[ 0W� 0 Adjourned: BY: SECOND: BY: SECOND. BY: SECOND: �� BY: 1 SECOND: BY: r SECOND: nl� YES NO YES NO YES NO _ YES NO EL YES id© Mr. Ames ✓ Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Gardner ✓ Mr. Gardner Mr. Gardner VMr. Gardner Mr. Gardner Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson i Mr. Johnson Ms. Roberts Ms. Roberts Ms. Roberts Ms. Roberts Ms. Roberts Mr. Smiley V Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Woods Mr. Woods Mr. Woods Mr. Woods Mr. Woods j WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: �7TOTAL: TOTAL: a The mayor may of vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Griffin VMayor Griffin Mayor Griffin -T Mayor Griffin Mayor Griffin T v La m 0 00 Regular V/ Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Sal � n Date: Odo Convened: Recessed: Reconvened: Adjourned: BY: 0 V SECOND: BY: SECOND: no"l BY: SECOND: �u BY: SECOND: BY: SECOND: (7 _ YES f NO YES NO YES NO YES NO _ Y.ES' . F10 . Mr. Ames Mr. Ames ✓ Mr. Ames Mr. Ames ✓ Mr. Ames v Mr. Gardner ✓ Mr. Gardner ✓ Mr. Gardner Mr. Gardner Mr. Gardner Mr. JohnsorftAMr. Johnson Mr. Johnson Mr. Johnson ✓ Mr. Johnson Ms. Roberts Ms. Roberts V✓ Ms. Roberts Ms. Roberts Ms. Roberts V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley v Mr. Whiteside Mr. Whiteside Mr. Whiteside V Mr. Whiteside* Mr. Whiteside Mr. Woods Mr. Woods Mr. Woods Mr. Woods Mr. Woods V WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: 0 1 TOTAL: The mayor may not vote except in the case where only six members of the asse bly are present and there is a thr a/three tie vote of the assembly. Mayor Griffin Mayor Griffin Mayor Griffin Mayor Griffin Mayor Griffin T v La m 0 00 Regular V Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: �v 51w Adjourned: BY:0 BY: BY: BY: BY: 1 �1 SECOND: SECOND: v SECOND: SECOND: i7J VV S� SECOND:UV � J � YES NO YES NO YES NO YES NO r Mr. Ames ✓ Mr. Ames V Mr. Ames Mr. Ames Mr. Ames Mr. Gardner Mr. Gardner* Mr. Gardner Mr. Gardner Mr. Gardner Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Ms. Roberts ✓ Ms. Roberts Ms. Roberts Ms. Roberts Ms. Roberts Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside V Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Woods Mr. Woods Mr. Woods Mr. Woods Mr. Woods V OUL_D ANYONE LIKE TO CHANGE_ THEIR VOTE? WOULD ANYONE LIKE TO CHANGE_ THEIR —1 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 three/three tie vote of the assembly. Mayor Griffin Mayor Griffin Mayor Griffin Mayor Griffin Mayor Griffin O u .IL T v m rn 0 00 Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Toz) Reconvened: �,- 0,A Date: V bs Adjourned: r BY: V� SECOND: �� V BY: {/� SECOND: BY: SECOND: BY: SECOND: BY: SECOND: YES NO YES NO YES NO YES NO YES NO'i Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Gardner Mr. Gardner Mr. Gardner Mr. Gardner Mr. Gardner Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Mr. Johnson Ms. Roberts Ms. Roberts Ms. Roberts Ms. Roberts Ms. Roberts Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Woods Mr. Woods Mr. Woods Mr. Woods Mr. Woods WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: I FTOTAL: TOTAL: TOTAL: TOTAL: E EA The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Griffin Mayor Griffin Mayor Griffin Mayor Griffin Mayor Griffin AGENDA ITEM #19.B. KODIAK ISLAND BOROUGH a ALASK ;7 Meeting Type: Assembly Regular Meeting Date: Please PRINT your name legibly February 5, 2026 Phone number k� 7 3(5 -7- lVim. MA, a �0712-7 o-710 ql �PS6n v'j , Page 197 of 198 AGENDA ITEM #19.B. Kodiak Island Borough Assembly Newsletter Vol. FY2026, No. 14 February 06, 2026 At Its Regular Meeting Of February 5, 2026, The Kodiak Island Borough Assembly Took The Following Actions. There Is A Special Meeting Scheduled On Thursday, February 12, 2026, Immediately Following The Assembly Work Session. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, March 5, 2026, At 6:30 P.M. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2026-15, Amending Various Sections Of Kodiak Island Borough Code Title 17 Zoning, Related To Short -Term Rental Definitions, Zoning, And Permitting Requirements POSTPONED Ordinance No. FY2026-17, Amending Various Sections In Title 2 Administration And Personnel, Title 4 Service Areas, And Title 7 Elections To Prohibit Holding Multiple Elected Offices To The Regular Meeting Of The Assembly On August 20, 2026 ADOPTED Ordinance No. FY2026-18, Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal ADOPTED Resolution No. FY2023-03F, A Resolution Of The Assembly Of The Kodiak Island Borough Amending Various Sections Of The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Assessing, Borough Fire Departments, Community Development, Engineering And Facilities, Finance, Information Technology, And Resource Management Series AUTHORIZED The Borough Manager To Reimburse Providence Kodiak Island Medical Center For The Chiller 95% Design In The Amount Of $67,120.12 AUTHORIZED The Borough Manager To Reimburse Providence Kodiak Island Medical Center For The Chiller 100% Design And Construction Documents In The Amount Of $25,305 VOICED NON -PROTEST To The State Of Alaska Alcohol And Marijuana Control Office (AMCO) Beverage Dispensary Renewal Application For Bernie's Bar, LLC, DBA Bernie's Bar, Located At 320 Center Street And Direct The Clerk To Notify AMCO Of This Decision CONFIRMED The Mayoral Appointment Of Mr. Joseph Delgado To The Planning And Zoning Commission City Seat For A Term To Expire December 31, 2028 CONFIRMED The Mayoral Appointments Of Commissioner Tracy Craig As The Planning And Zoning Commission City Representative And Commissioner Sara Fraser As The Borough Representative To The Borough Lands Committee CONFIRMED The Mayoral Appointment To The Solid Waste Advisory Board Of Ms. Joy Erlenbach To An At -Large Seat For A Term To Expire On December 31, 2026 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakislandBorough Page 198 of 198 AGENDA ITEM #19.B. CONVENED INTO EXECUTIVE SESSION To Discuss Pending Litigation With Kodiak Area Native Association (KANA) Under The Authority Of KIBC. 2.30.030 (F)(1)(B) Any Matter The Immediate Public Knowledge Of Which Would Tend To Affect Adversely The Finances Of The Borough. INVITED The Mayor, Assembly, Manager, And Borough Clerk Into Executive Session. DIRECTION WAS GIVEN To The Manager On How To Proceed With The Litigation View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakislandBorough Page 199 of 198