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1989-03-14 Regular MeetingKodiak Island Borough SERVICE DISTRICT NO. 1 BOARD OF SUPERVISORS Tuesday, March 14, 1989 - 7:30 p.m. MINUTES 1. CALL TO ORDER AND ROLL CALL Mr. James L. Fisk, Jr., Chairman, called the meeting to order at 7:35 p.m. in the Borough Conference Room. MEMBERS PRESENT Jim Fisk, Chairman Tony Perez, Vice -Chairman Earl Smith Okey Chandler James Berg MEMBERS ABSENT Scott Ardnt (excused) Norman Wooten STAFF PRESENT Dan Millard, Construction Inspector Ann Moen, Secretary Dave Crowe, Borough Engineer Mr. Arndt was excused for his absence because he was gone on a work -related conflict. 2. APPEARANCE REQUESTS AND AUDIENCE COMMENTS Mr. Mike Anderson, of Anderson Construction, contested the fact that he has to pay for the snow plowing on Puffin Drive until he restores the road and the Borough accepts it back. Mr. Andersons land is one of the ten acre tracks of Woodland Acres. Mr. Anderson had Island Sand and Gravel grade the road in front of his property to fix up the road and clean out the drainage ditches due to the damage done to the road by Mr. Anderson while attempting to begin the sewer and water installation last fall. The cold weather hit before Mr. Anderson could get the sewer and water installed and he has since been charged for all snow removal. Mr. Fisk said Island Sand and Gravel was only clearing the snow as Mr. Anderson had directed them to. Mr. Anderson said that was a miscommunication between himself, Mr. Fisk, and Dean Deater. Mr. Anderson said he did not realize he was expected to pay for snow removal. Mr. Fisk said that a 90 day extension was granted to Mr. Anderson to complete the sewer and water. The mayor told Mr. Fisk that the extension was granted under the circumstances that Mr. Anderson would not deviate from what he was doing previously. Mr. Dean Deater said he could clear the snow and charge Mr. ! Anderson for the time it takes from the corner of Puffin Drive and Sean Circle (` through Mr. Andersons property on Curlew Way. Mr. Fisk told Dean Deater he would have to work the technicalities out with Mr. Anderson. Mr. Fisk said r r C the Board had received the letter from Mr. Anderson through the Mayor's office requesting reimbursement from Service District No. 1 and so the Board acted on it. The Board would be glad to put the invoice back on the Agenda to resolve this matter. However, Mr. Fisk said he had discussed this again with the Mayor and the Mayor was adamant that when you are working in the public road right-of-way you are responsible for its maintenance. The Mayor strongly recommends that Mr. Anderson handle the invoice. Mr. Anderson said he donated half of the property that the road is on right now and he felt it was only fair that the Borough pay the plowing charges. Last year Mr. Andersons said his business could not afford to install the sewer and water systems. He doesn't feel he should have to pay for snow removal and sanding until the sewer and water lines are installed. Mr. Anderson felt he had smoothed the road up adequately for the Service District No. 1 to maintain and plow snow Mr. Anderson felt it was very unfair that he be expected to have to pay for snow removal. Mr. Anderson said the snow is going to fall whether the utilities are in the ground or not. Mr. Crowe said that all utility contracts require the contractor to assume the responsibility of road maintenance costs for the sections included in their project. Mr. Anderson said he had no contract with the Borough on this property. Mr. Crowe said the Borough has a contract with Mr. Anderson as the developer. Mr. Anderson said the only contract he has with the Borough is one that allows him to take earnest money on these properties before he completes these improvements. Mr. Crowe said the only difference between other contractors and Mr. Anderson is that Mr. Anderson is both the developer and the contractor, and that the winter shutdown request made by Mr. Anderson still requires the contractor to pay for or provide the road maintenance. Both Mr. Crowe and Mr. Fisk pointed out that historically all contractors and developers have had to maintain and plow the roads until they were accepted by the Borough. Even if the contractor, such as Mr. Anderson, had requested a winter shutdown period, the contractor would still be responsible for the maintenance and removal of snow on the road until the Borough had accepted it back. Mr. Fisk said the problem is that Mr. Anderson said he doesn't have a signed agreement, and the Borough said it is the standard procedure for the contractor to maintain the roadway. Mr. Crowe said Mr. Anderson scraped off the crushed surfacing for pipe bedding and never put it back to the condition the Borough could accept it. At this time the road has not been restored to its original state. The agreement he signed with the Mayor is a subdivision agreement. It requires Mr. Anderson to complete the improvements by a certain date and in accordance with the plans and specifications. Plan Note number 3 said: "Construction shall be in accordance with Kodiak Island Borough standards and specifications." Because that was referenced in the agreement, makes it part of the agreement. r r li Mr. Berg moved to rescind their action on item 6(A) of the February 7, 1989 agenda. Mr. Smith seconded the motion. Roll call vote: Mr. Berg - no, Mr. Chandler - yes, Mr. Fisk - no, Mr. Perez - yes, Mr. Smith - yes. The motion fails. If to be appealed, it should be taken to the Borough Mayor. 3. APPROVAL OF AGENDA Added to the agenda under item 6(E) nomination of a new member to the board. Mr. Berg moved and Mr. Perez seconded the motion to include this under agenda item 6(E). Mr. Berg moved to accept the Agenda and Mr. Perez seconded it. Accepted Agenda. 4. MINUTES OF THE PREVIOUS MEETING - February 7, 1989 Mr. Perez moved to accept the February 7, 1989 minutes and Mr. Berg seconded it. Motion passed unanimously. 5. UNFINISHED BUSINESS (A) Staff presented the Fiscal Year 1990 budget draft that the Board had worked on at their February 21, 1989 work session. It was also pointed out that the Board needed to have a work program to describe and support the budget proposal for public review. (B) Water operation maintenance and sewer operation maintenance; Department of Labor: Mr. Crowe said basically what it amounts to is that the Alaska Department of Labor takes a real close look at what is maintenance and what is new construction. Work that is not maintenance is subject to the prevailing (Little Davis - Bacon) wages. We will need to budget your maintenance, new work and repairs separately. We need to classify each work order as to the wage scale to be paid. The Alaska Department of Labor can audit payroll records back two years to determine if the proper overtime wage scale has been paid. For straight time the Department of Labor can audit up to six years. The Service District would have to pay the contractor the difference if an employee files a complaint with the Alaska Department of Labor. Mayor Selby says the service district should ignore this matter. Mr. Crowe wants it to be on the record that he feels the service district can't ignore this matter. As of this date, there have not been any specific complaints by any workers. Mr. Millard said checking with other Alaskan towns they have paid these rates. (C) The Board directed staff to split the budget Water, Sewer, and Road Maintenance line items in half to reflect the different wage scales between maintenance and capital improvements and repairs. r r (D) Mr. Perez said the City of Kodiak is thinking about raising our water rates. (E) Mr. Millard recommended that Karl Short attend the next meeting to explain the budget to the members of the board. Mr. Fisk said he would ask Karl to make a presentation. (F) The Fiscal Year 1989 water, Sewer, and Road Maintenance Budget and Work Programs were accepted for submission for the Public Hearing with the 2 line items being amended to show the split between the two different wage scale activities and the FY89 Work Program. Mr. Berg moved and Mr. Perez seconded it. It passed unanimously. (G) Force Accounts: Mr. Perez moved and Mr. Berg seconded "that we will follow the report of force account work in requiring use in all further daily work, labor and equipment time and materials used as per Appendix A of the General Specifications Section 1.07 or 1.08, Submission of Reports, which is part of the Force Account Maintenance Contract". 6. NEW BUSINESS (A) Mr. McDonald submitted a packet (6A), outlining service for eight (8) lift stations. Mr. Berg moved to accept Mr. McDonalds proposal to maintain eight (8) sewage lift stations until 12-31-89, and it was seconded. Roll call vote was unanimous. Staff was directed to develop a contract proposal that will advertise for a maintenance service contract to maintain the eight (8) sewage lift stations for the 1990 calendar year. (B) Acknowledged receipt of the Petition of Appeal: Chandler/Steelman Water and Sewer. The appeal will be heard on the second meeting from this meeting, (May 2, 1989). (C) New Fire Hydrant Installation, backside of Island Lake. Staff recommended the installation of a new fire hydrant near the property line common to USS 3103 Lots 4 and 5 and the utility easement. This fire hydrant would provide protection for new residences that are currently under construction. Mr. Crowe recommended that this hydrant not be completed until the existing private driveway has been brought up to the required specifications later on in May, so that an adequate utility easement could be obtained from the adjacent land owners so it will not impair traffic on this driveway. Mr. Perez moved to delay the installation of the fire hydrant until the driveway is constructed. Mr. Berg seconded this motion. Motion passed unanimously. (D) Mr. Perez moved to accept the letter of resignation from Norm Wooten with regrets. Mr. Chandler seconded the motion. Motion passed unanimously. A letter of appreciation was requested to be sent to Mr. Wooten from the board. C (E) OTHER NEW BUSINESS: Mr. Perez moved and Mr. Berg seconded a motion recommending to the Borough Assembly that Mr. Otto (Ole) Mahle be appointed to fill the vacancy left on the Board by the resignation of Norm Wooten. Motion passed unanimously. 7. REPORTS (A) Committee Reports: None (B) Financial Reports: Mr. Crowe reported that only $1000.00 was left in the snow removal/ sand budget. Mr. Berg moved to acknowledge receipt of the reports and Mr. Perez seconded it. Motion passed unanimously. (C) Staff Reports: (1) Mr. Crowe told the Board that the survey work for Project 86-2 was done and that he would start on the design work soon. He suggested if all worked out it might be advertised in June this year. 8. ADDITIONAL AUDIENCE COMMENTS - None 9. STAFF COMMENTS Mr. Millard stated that he had attended the Alaska Utility Coordinating Council in Anchorage last week. Different workshops on various statewide subjects were attended. Mr. Millard suggested that a creation of a local utility coordination council would be beneficial for this community. The Board requested that Mr. Millard submit a written report on what was discussed at this workshop at their March 28, 1989 meeting. 10. BOARD MEMBERS COMMENTS (A) Mr. Perez moved to amend the number 1 "Findings of Fact- supporting the Boards January 3, 1989 action regarding the Chandler/Steelman case, as follows: 1. The developer/subdivider may not have followed the intentions of the Planning and Zoning Commission in granting its approval of the subdivision in that he did not provide utilities within the easement shown. The above amendment was seconded by Mr. Berg and the motion passed 4 to 0 with Mr. Chandler abstaining. (B) Mr. Chandler expressed his concern with the Boards proposal to move some of the fire hydrants along spruce Cape Road back away from the road shoulder. Mr. Chandler believed it was an unnecessary expense. .. r r No action to rescind the Boards plans was made after the motion died from the lack of a second. (C) Mr. Fisk read a letter he was going to give to the Board regarding Island Sand and Gravel, but since he has been able to work the details out with Dean Deater the letter is not needed. Mr. Fisk also requested Mr. Crowe to provide a record of Service District No. 1 complaints for the Board to review. 11. ADJOURNMENT Mr. Perez moved and Mr. Berg seconded for adjournment. Motion passed unanimously for adjournment at 10:13 p.m.. Approved: 1s - ---) � k Secretary