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1986-09-04 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting September 4, 1986 A regular meeting of the Kodiak Island Borough Assembly was held September 4, 1986, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:35 p.m. (A verbatim record is on file in the Clerk's office) The pledge of allegiance was led by Presiding Officer White. There were present: Lorne White, Presiding Ann Barker Ken Gregg Absent: Ed Naughton (unexcused) Alan Austerman Eric Blankenburg Martha Ruble (excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Bud Cassidy, Resource Management Officer Dave Crowe, Borough Engineer Linda Freed, Community Development Director Robert MacFarlane, Facilities Coordinator Gaye Vaughan, Borough Clerk Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA AUSTERMAN, seconded by GREGG WITHOUT OBJECTION, SO ORDERED GREGG, seconded by BARKER WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA A. RESOLUTIONS None B. ORDINANCES FOR INTRODUCT moved to amend agenda by adding under "Communications to Assembly" the K.I.B. Financial Report for August 1986 and under "New Business" Resolutions 86-66-R, 86-67-R, and Ordinance 86-40-0. moved to approve agenda as amended. 1.) Ordinance No. 86-38-0 Adopting Non-Areawide Garbage And Solid Waste Collection And Disposal Powers. 2.) Ordinance No. 86-39-0 Relating to Solid Waste Collection And Disposal. C. COMMUNICATIONS TO THE ASSEMBLY 1. K.I.B. Financial Report for August, 1986. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA ORDINANCE NO. 86-38-0 ORDINANCE NO. 86-39-0 K.I.B. FINANCIAL REPORT G, q Kodiak Island Borough September 4, 1986 Regular Assembly Meeting D. APPROVAL OF MINUTES CONSENT AGENDA 1.) K.I.B. Assembly Special Meeting of July 30, 1986. APPROVAL OF K.I.B. Assembly Regular Meeting of August 7, MINUTES 1986. K.I.B. Assembly Special Meeting of August 14, 1986. E. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1.) K.I.B. Planning and Zoning Commission Regular Meeting of July 16, 1986. 2.) Womens Bay Service District Regular Meeting of July 14, 1986. 3.) K.I.B. School District Special Meeting of August 11, 1986. BARKER, moved to approve the consent seconded by GREGG agenda items. WITHOUT OBJECTION, SO ORDERED CITIZEN'S COMMENTS CITIZEN'S COMMENTS Mayor Selby presented Pam Smith, secretary to the Facilities Coordinator, the Employee of the Month Award. COMMITTEE REPORTS COMMITTEE REPORTS D. L. Smedley noted he was representing the Planning and Zoning Commission and would be available to answer questions. PUBLIC FEARING PUBLIC HEARING A. Ordinance No. 86-16-O(A) Adopting Non-Areawide Powers To ORDINANCE License, Impound And Dispose Of Animals Outside Of Home Rule NO. 86-16-0() And General Law Cities. AUSTERMAN, seconded by BARKER VOTE ON MOTION TO REMOVE FROM TABLE Ayes: Noes: MOTION CARRIED AUSTERMAN, seconded by BARKER moved to remove from the table Ordinance No. 86-16-O(A). Austerman, Barker, Blankenburg, Gregg, White None Unanimous moved to amend Ordinance 86-16-O(A) by substitution. The presiding officer called for public testimony. Carol Rogers testified about a case of inhumane treatment of animals in her neighborhood and questioned the recourse she would have to correct it under this ordinance. Lorna Arndt asked if the borough would add another staff position for the animal control officer if the ordinance was adopted. She thought the borough should have an ordinance regarding animal control. Mayor Selby explained that a contract would be put out to bid and the bidding party would be responsible for providing a vehicle and determining a salary. Fred Turcott questioned whether borough -wide animal control included all the villages. 2 �06 Kodiak Island Borough Regular Assembly Meeting September 4, 1986 Mayor Selby said that since animal control would be a non -area wide power all cities would be excluded with the exception being Karluk which is not an incorporated city. The borough would be responsible for animal control in Karluk. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: Noes: MOTION CARRIED BLANKENBURG, seconded by AUSTERMAN MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Barker, Blankenburg, Gregg, Austerman, White None Unanimous moved to amend the effective date to January 1, 1967. Unanimous voice vote Gregg, Austerman, Barker, Blankenburg, White None MOTION CARRIED Unanimous B. Ordinance No. 86-19-0 Amending Chapter 17.02, Comprehensive Plan, Of The Borough Code. (Shuyak Island) BARKER, seconded by BLANKENBURG moved to adopt Ordinance No. 86-19-0. The presiding Officer called for public testimony. Bud Cassidy, Resource Management Officer for the borough, stated he was available to answer questions regarding the ordinance. Assemblyman Austerman referred to a letter from the Kodiak Audubon Society and inquired about the restricted use of motor- ized vehicles on the island. Mike Dirkes asked for a brief summary of the comprehensive plan for Shuyak Island. Bud Cassidy explained that the borough does not own all the land on Shuyak Island but does have control land uses through zoning powers. He said the comprehensive plan was basically one of conservation with the greater portion of the island left in its natural state but allowing for areas of development and recrea- tional use. He explained the foremost recommendation for Shuyak Island was recreational use and in the event of land disposal on the island, development should be limited to a controlled com- pacted area. He said the main concern at this time was the four native allotments that if passed would put approximately 160,000 acres in private hands. The individuals who hold title to this land could do as they wish with the land so tighter conservation zoning was stressed. A cooperative management agreement between state Fish and Game, state Parks, Kodiak Island Borough, etc. was recommended so the entire island could be viewed as a whole without regard to jurisdictional boundaries. Also, more scientific re- search is being encouraged on the fish and wildlife of the island. Okey Chandler thought Shuyak Island should remain a game preserve rather than a recreational area. PUBLIC HEARING ORDINANCE NO. 86-16-O(A) (continued) ORDINANCE NO. 86-19-0 3 lol Kodiak Island Borough September 4, 1986 Regular Assembly Meeting Barbara Monkiewicz thought development was preceding much too PUBLIC HEARING fast on Shuyak Island. She hoped that when the specific details concerning the comprehensive plan were drawn up that the assembly ORDINANCE would have more public hearings to address the controversial NO. 86-19-0 specific items. She said the north end of the island was being (continued) developed as a tourist industry and this effected the adjacent lands and waters. The one specific thing that she stressed should not be allowed to happen was the building of a major trail from Port Williams to the north end of the island by the Park Service. The trail would provide too easy an access and the effect on the wildlife is still unknown, she stated. Mike Dirkes stated that he did not like the development on Shuyak Island. He said as a recreational user of the island he had noticed heavy usage during the past year and one effect he saw was the clearing of trees around the cabins. He concurred with Ms. Monkiewicz's statement about keeping the management of Shuyak Island in front of the public. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Blankenburg, Gregg, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 86-28-0 Revising Title 16 - Subdivisions. ORDINANCE NO. 86-28-0 GREGG, moved to remove from table seconded by AUSTERMAN Ordinance No. 86-26-0. VOTE ON MOTION TO REMOVE FROM TABLE Ayes: Barker, Blankenburg, Gregg, Austerman, White Noes: None MOTION CARRIED Unanimous The presiding officer called for public testimony. Arnie Shyrock, Alaska Department of Environmental Conservation, commented on behalf the the Division of Environmental Equality that in the subdivision ordinance there are a number of references that related to the DEC because of the public health implications stemming from waste water and sewage. He stated the department was over -pressed in their capabilities especially in the area of subdivisions and septic systems in particular. He said that small on -lot septic systems were not in their engineers' realm of expertise and when the ordinance puts these systems in the ream of the DEC engineers, it was doing the public a disservice. He said this should be taken into consideration and offered several alternatives that could be implemented. With regard to water supply, he said his department legally had no means to regulate individual water systems and could not guarantee the quality or the volume of the water. From a personal viewpoint, he thought it was too early to develop requirements for water supply and gave reasons to substantiate his opinion. He gave his personal views on subdivision preliminary plat requirements, lot size, and the green belt concept. Okey Chandler gave several examples of alternative water systems and stated the borough doesn't need water well requirements. F roa Kodiak Island Borough Regular Assembly Meeting September 4, 1986 The presiding officer closed the public hearing and reconvened the assembly. seconded by GREGG VOTE ON MOTION TO TABLE Ayes: Noes: moved to table Ordinance No. 86-28-0. Blankenburg, Gregg, Austerman, Barker, White None MOTION CARRIED Unanimous D. Ordinance No. 86-37-0 Rezoning Tract S-1, U.S. Survey 3218, from Rural Residential 1 to Residential 2, Business and Industrial. GREGG, moved to adopt Ordinance seconded by BARKER No. 86-37-0. The presiding officer called for public testimony. Lorna Arndt had several questions regarding the zoning of adja- cent property to the area being considered in the ordinance. She didn't feel it was good planning to have RR2 with Business and Industrial zoning right behind it. She thought the area should be zoned one way and not intermixed with different areas of zoning. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Gregg, Austerman, Barker, Blankenburg, White Noes: None MOTION CARRIED Unanimous The presiding officer called a five minute recess. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reviewed the scheduled meetings for the month of September. He informed the assemblymembers that the Kodiak City Council at their August 28th meeting granted the borough's request for a water main hook up for the baler facility and also granted the request to truck the liquid residue from the baler operation to the treatment plant. He said the city wanted the borough to install a treatment system and information had been obtained for a small self-contained treatment plant and which was being pursued. He thought a treatment plant could be put in place at the baler facility for around $50,000-60,000 which would be less than the cost of a tank truck to haul the residue. Also, he said, the borough was pursuing the possibility of not purchasing materials from Salome Creek and trucking them into town as cover material for the old landfill but developing these materials at the site, and thereby, decreasing the cost of the project. A management plan is being developed for the entire landfill property and cover material may be available during the restoration of the site. PUBLIC HEARING ORDINANCE NO. 86-28-0 ORDINANCE NO. 86-37-0 MESSAGES FROM MAYOR 5 103 Kodiak Island Borough Regular Assembly Meeting September 4, 1986 NEW BUSINESS A. BID AWARDS 1.) East Elementary Ball Field Improvements Contract Award AUSTERMAN, r--• seconded by BARKER VOTE ON THE MOTION TO REJECT Ayes: moved to reject the bid from Felton Construction and readvertise the project. Austerman, Barker, Blankenburg, Gregg, White Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS 1. Resolution No. 86-60-R Authorization Of The Issuance Of A Special Land Use Permit. BARKER, moved to adopt Resolution seconded by BLANKENBURG No. 86-60-R. In response to a question from the presiding officer, Bud Cassidy explained that the borough handles a squatter problem by issuing a special land use permit for the land which in this case in- volves one acre. .� VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Blankenburg, Gregg, White Noes: None MOTION CARRIED Unanimous 2. Resolution No. 86-61-R Adopting A CIP For FY 1988 thru 1992 And Establishing Capital Project Priorities. (Public Hearing - October 2, 1986) AUSTERMAN, moved to adopt Resolution seconded by BARKER No. 86-61-R. GREGG, moved to table Resolution seconded by BARKER No. 86-61-R to public hearing on October 2, 1986. VOTE ON MOTION TO TABLE Ayes: Barker, Blankenburg, Gregg, Austerman, White Noes: None MOTION CARRIED Unanimous 3. Resolution No. 86-62-R Recommending Disposal Of Certain Borough Lands For Land Sale 10. BLANKENBURG, moved to adopt Resolution seconded by BARKER No. 86-62-R. NEW BUSINESS BID AWARDS EAST ELEMENTARY BALL FIELD IMPROVEMENTS AWARD RESOLUTION NO. 86-60-R RESOLUTION NO. 86-61-R RESOLUTION NO. 86-62-R A Kodiak Island Borough Regular Assembly Meeting September 4, 1986 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Blankenburg, Gregg, Austerman, Barker, White None Unanimous 4. Resolution No. 86-63-R Authorizing Land Sale 10 And Establishing It's Terms. BARKER, moved to adopt Resolution seconded by AUSTERMAN No. 86-63-R. Mayor Selby said in view of the fact that Ordinance 86-40-0 which will change the borough land disposal policy was up for first reading, he recommended this resolution be tabled to the October meeting after the public hearing. BARKER, seconded by AUSTERMAN VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED moved to table Resolution No. 86-63-R. Gregg, Austerman, Barker, Blankenburg, White None Unanimous 5. Resolution No. 86-64-R Authorizing Execution Of Con- tract Amendment No. 15 With URS Company For Construc tion Services For Water And Sewer Improvements In Service District #1. BLANKENBURG, seconded by GREGG moved to adopt Resolution No. 86-64-R. Mayor Selby explained this contract covers the portion of Service District #1 water and sewer improvements which would include most of Woodland Acres. VOTE ON MOTION TO ADOPT Ayes: Barker, Blankenburg Gregg, White Noes: Austerman MOTION CARRIED 4 Ayes, 1 No 6. Resolution No. 86-65-R Authorizing The Transfer Of Funds From The Land Sale Account To Be Used For Condem nation Proceedings. BARKER, seconded by BLANKENBURG moved to adopt Resolution No. 86-65-R. Mayor Selby explained that this parcel of land in Karluk runs across the only road access to the beach and also blocks access to the airport and the road that leads to the current Karluk village. In the public interest to protect the access, the borough has entered into a condemnation proceeding to claim just the road right-of-way leaving the rest of the property totally developable. NEW BUSINESS RESOLUTION NO.86-62-R (continued) RESOLUTION NO. 86-63-R RESOLUTION NO. 86-64-R RESOLUTION NO. 86-65-R 7 o;- Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, Austerman, White None Unanimous 7. Resolution No. 86-66-R Settling The Access Dispute With Tom Hendel In The Amount Of $6,800.00. GREGG, seconded by BLANKENBURG VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED moved to adopt Resolution No. 86-66-R. Blankenburg, Gregg, Austerman, Barker, White None Unanimous 8. Resolution No. 66-67-R Requesting Annexation Of Certain Borough Properties By The City Of Kodiak. BLANKENBURG, moved to adopt Resolution seconded by AUSTERMAN No. 86-67-R. Presiding Officer White stated that annexation questions can be very controversial and he felt uncomfortable adopting this reso- lution without a public hearing. He suggested a motion be made to table until after a public hearing at the October 2 assembly meeting. BARKER, seconded by AUSTERMAN VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION moved to table Resolution No. 86-67-R to a public hearing on October 2, 1986. Austerman, Barker, Blankenburg, Gregg, White None Unanimous 1. Ordinance No. 86-40-0 Amending Chapter 18.20, Real Property Disposal. AUSTERMAN, moved to adopt at first seconded by BLANKENBURG reading Ordinance No. 86-40-0. At the request of Assemblymember Barker, Mayor Selby explained this ordinance changed several things regarding borough land sales. The most important change was in the current requirement for disposal that minimum bids for borough land be for the fair market value of the property. This ordinance changes minimum bid for borough land to a minimum of 85 percent of the fair market value. He explained about other changes which clarified rejec- tion of bid proposals and the added language requiring the borough to sell the land to the highest bidder once the bids have been opened. Assemblymember Gregg stated that he had reservations about re- pealing 18.20.120 in its entirety because of comments he had received. He thought rather than repealing it, it should be rewritten. September 4, 1986 NEW BUSINESS RESOLUTION NO. 86-65-R (continued) RESOLUTION NO. 86-66-R RESOLUTION NO. 86-67-R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 86-40-0 8 16b Kodiak Island Borough Regular Assembly Meeting September 4, 1986 A discussion followed between the mayor and the assemblymembers regarding this ordinance and the current Alaska Statutes Title 29. VOTE ON MOTION TO ADOPT Ayes: Barker, Blankenburg, Gregg, Austerman, White I Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS 1. Appeal by Felton Construction. Presiding officer White asked if the representatives for Felton Construction were present in the audience and receiving no response, he continued to the next item on the agenda. CITIZENS' COMMENTS Lorna Arndt complained that copies of several resolutions were not made available to the public nor were the resolutions shown on the agenda. She inquired about the ownership of the land in Karluk that the borough is going to condemn to maintain access. Okey Chandler spoke on the CIP list for 1988-92. He thought since three new assemblymembers would be elected in October that they should have a voice in the selection of items on the list. Fred Turcott asked if it was possible to have a filter plant for future Monashka Bay water designed in the plans when the water line for the baler facility was developed. ASSEMBLYMEN'S COMMENTS Assemblyman Blankenburg commented that he was very pleased with the comprehensive plan for Shuyak Island. He said he would like to direct Mayor Selby to prepare an ordinance which would create this zoning classification in accordance with proposals in the Shuyak plan. Assemblyman Austerman stated he had attended the dedication of the Spruce Cape Park and thought Bob MacFarlane should receive a pat on the back for creating such a nice park. Assemblyman Gregg questioned Mayor Selby about rumors he had heard that the contractor who won the bid on the baler facility, Bucon Incorporated, had proposals to trim some costs. Mayor Selby responded that in working on the site with engineers as well as Bucon they have figured out a more cost effective way to make provisions for adding an incinerator in the future. He also noted that Bucon was running ads in the local newspaper seeking local workers. Assemblyman White pointed out that wildlife habitat zoning is rather meaningless in the present code and thought it needed to be changed to mean what it ought to mean. Also, he mentioned the Overseas Fisheries Cooperative meetings which are taking place and urged the the assembly to participate in them. Presiding Officer White noted that Michael Kreger, attorney for Felton Construction, was present in the audience and ready to present their appeal. NEW BUSINESS ORDINANCE NO. B6-40-0 (continued) OTHER ITEMS FELTON CONSTRUCTION APPEAL CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS 0 I0nn Kodiak Island Borough Regular Assembly Meeting September 4, 1986 Appeal by Felton Construction. FELTON CONSTRUCTION APPEAL Mr. Kreger stated he had prepared a table of exhibits for the assembly's reference and also a chart showing the weather data for the month of October, 1985 which he posted on the board. He introduced Jan Schultz of Felton Construction and stated they were present to appeal the Anton Way claim and the constructive acceleration claim or the denial of a shut down as a result of the weather conditions in October of 1985. He said he would like 1 to come to a sensible resolution of the claim dispute because the contracting officer wished to make final payment on September 23/24 and would like to have the dispute resolved. He stated they were willing to discuss the matter informally with the assembly and the mayor or formally to attempt to resolve it or through further proceedings. Mr. Kreger said that two claims arose during the construction of the project. The first claim was the result of over excavation that was required on Anton Way. He said there was a section of the road that was excavated at two feet per specifications, it was then filled in with rock, it collapsed, and Felton had to come back in and excavate about $31,000 worth of inferior material. Felton took out the material and the borough paid that portion of the claim. Felton then rebuild the road, brought in some gravel from the higher part of the road, put it in and Felton and the borough were unable to resolve that portion of the dispute. At one point, Mayor Selby offered to settle the dispute at fifty percent of Felton's actual cost which were approximately $6,500 (shown in a letter dated October 4th). The latest settlement offer was to offset Felton's claim for $4,200 which the borough is entitled for some materials that were purchased from them. r Felton's position on the claim is if the dispute is unable to be j resolved, the larger claim for work acceleration will be brought l J up also in order to settle them all at once. He said as far as the entitlement goes, Felton understands no reason why they should be paid for the excavation but not paid for rebuilding the road. He reiterated a conversation that oc- curred on June 12, 1985 between Jan Schultz and an engineer from URS regarding the road excavation. During this conversation Felton was told "to build according to plan." He said that Felton did get paid for the extra yardage used on the road but did not get paid for the additional $7,398 for labor. Regarding whether Felton is entitled to a markup, the initial offer was to take half of $6,000 which was the actual cost. The contract specifications require a twenty percent mark up on labor so Felton feels they have a valid claim for $7,398 on the Anton Way excavation. With respect to the second claim of constructive acceleration he said, things become more complicated. He explained that con- structive acceleration is when the owner asks a contractor to build a project twice as fast as he has been building it; the owner has accelerated the contractor's obligations on the job. In such cases the contractor is entitled to additional labor, overhead, and overtime costs which didn't happen here. The bor- ough said no extension of time would be given and to go ahead and finish the project under the time allowed. On October 18, 1985 a freeze up occurred with one foot of frost in the ground. The Kodiak Mirror reported it was the second coldest October on record. He said that doesn't mean that the contractor should stop working except the borough contract states under 3 3.04 - "Weather Limitations: Unless otherwise authorized by the engi- neer, fill or backfill material, base course, and leveling course shall not be placed when the atmospheric temperature is below 35.25 degrees." He said Felton found itself on the horns of a dilemma. The ground was frozen so they could not do any backfill but on the other hand the borough refused to shut the job down. 10 Kodiak Island Borough Regular Assembly Meeting September 4, 1986 One response received from the borough was the job could not be shut down because it wasn't allowed in the contract and the engi neers had no authority to do so. Mr. Kreger stated this was incorrect because in section 18.1, a suspension was described. He said maybe this description scared the borough away because it said that after ninety days the owner has to pay the contractor's cost. This was not what Felton wanted, he stated. Felton wanted the opportunity to finish the job at a time when the weather conditions for the contract allowed them to do it in the right way. A second response that Felton received was that the request for a shut down was being denied because Felton should have had the job done before this time anyway (Letter dated November 1, 1985 from Mr. Crowe). Felton gave several responses to this accusation and backed them up by referring to the weather chart he had prepared. Mr. Kreger brought up the issue of responsibil- ity for roadway maintenance and the method used by Felton to handle it. After summarizing Felton's appeal and the costs involved, Mr. Kreger proposed to the assembly that Felton believes there are two reasonable choices that can be made. The first would be to direct the contracting officer to execute a change order and have Felton submit its costs and have an independent person audit these costs. Another alternative would be to direct the con- tracting officer to declare a time extension for that period of time after October 20th when Felton could not get in the ground and walk away from it. He said if the borough would walk away from the engineering costs, Felton would look at whether it was wise to walk away from the costs for constructive acceleration. In response, Melvin Stephens, attorney for the Kodiak Island Borough, asked questions of Mr. Kreger regarding the constructive acceleration claim and the weather factors involved. He asked when the project was actually completed and when project could have been completed if Felton had work every day after October 18th when the average temperature was above 35 degrees. He felt Felton had assumed a risk by proceeding on the road work at a reasonably leisurely schedule and they were not diligent in com- pleting the work. He said no one had dealt with what the delay in the project was and how much of this delay was truly caused by weather. Jan Schultz, engineer for Felton Construction, responded to ques- tions regarding the work schedule and weather conditions. He said Felton didn't have unlimited resources and their approach to the project was to try to hold the overtime down so they did not work overtime. He said Felton tried to balance the available equipment and manpower stating their slowest operation was the drill and blast portion of the project and gave statistics re- garding hours worked. Assemblymembers queried Mr. Schultz on his statements. Mayor Selby questioned the hours quoted by saying that URS, using Felton's time sheets, had compiled data showing that during 90 out of 109 days work was not being done on the road project. Mr. Kreger explained how the figures were calculated. He stated that Felton had a rough estimate of $111,000 in actual costs incurred and he reiterated the options given earlier. Garry Struthers, construction manager with URS Engineers, stated that he saw quite a different picture than the one explained. He countered several statements made by Felton's representative as inaccurate. He said on October 18, 1985, when the freeze oc- curred, the road work was not completed nor was the sewer work. He gave percentages concerning the number of days that could have been worked and were not worked on road construction. He said Felton did not ask for a shut down on the entire project but for a shut down on the road construction. He admitted that he had requested an accelerated clean up due to a public outcry on all the road Felton had worked on up to that point. These roads were in poor to terrible condition. He spoke about a state permit FELTON CONSTRUCTION APPEAL (continued) 11 Kodiak Island Borough September 4, 1986 Regular Assembly Meeting taken out by the borough in conjunction with this project which FELTON CONSTRUCTION penned down the borough to certain conditions and an October 1st APPEAL (continued) date for the restoration on some of the roads. He took exception to a statement made in Felton's appeal letter of February 10, 1986, that the contracting officer failed to adequately consider or address abnormally severe cold weather conditions encountered by Felton during the months of September, October and November, 1985. Mr. Struthers said September and November were normal months weatherwise. He felt that if Felton had put more effort into the job during the earlier parts of the project, it might have worked out for them. Mr. Kreger asked questions of Mr. Struthers regarding the state permit and the penalty for failure to meet the deadline. He summarized Felton's appeal. In response to a question from Assemblymember Gregg, Mr. Stephens said it was not necessary for the assembly to make formal findings of fact and these proceedings end the administrative part. BARKER, moved to deny appeal and seconded by BLANKENBURG assess Felton engineering charges of $43,183.97. VOTE ON MOTION Ayes: Blankenburg, Gregg, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous ADJOUPID ENT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 10:12 p.m. ATTEST: B rough 1 k �+YV� Prp'ding Officer 12 110