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1989-02-06 Regular MeetingRCDIA[ ISL O BOROUGE Regular Assembly Meeting February 16, 1989 A regular meeting of the Kodiak Island Borough Assembly was held February 16, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Garry L. Oliver of the Community Baptist Church followed by the Pledge of Allegiance. There were present: Ann Barker, Presiding Jack McFarland John Parker Absent: Lorne White (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA MCFARLAND, moved to approve agenda as seconded by AUSTERMAN submitted. MOTION CARRIED COMER AGENDA Alan Austerman Tom Merriman Wayne Stevens Unanimous voice vote The items on the consent agenda were read aloud by the Borough Clerk. MERRIMAN, seconded by MCFARLAND agenda. moved to approve consent MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of February 2, 1989. This item was previously approved under the "Consent Agenda." CITTIZENS' CCISOUTS None CONNTTTEE REPORTS Tom Handel, Planning and Zoning Commission representative, noted he was present to answer any questions. PUBLIC BERRIES February 16, 1989 KIBS103806 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING Resblution No. 89 -08 -R Authorizing Participation In The Community Development Block Grant -Rural Economic Development 0. 89-I8N Pment NO. Initiative (CDBG -REDI) Program. 89 -08 -R Page 22 Kodiak Island Borough Regular Assembly Meeting MCFARLAND, seconded by PARKER The presiding officer called for public testimony. PARKER, seconded by STEVENS VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Resolution No. 89 -09 -R Approving A Cooperative Agreement For PUE ' HEARING The Community Development Block Grant -Rural Economic Devel- opment Initiative (CDBG -REDI) Program. An Agreement By And RESOL. :ON Between The Kodiak Island Borough And Catholic Social NO. 89 -09 -P Service (CSS) /Brother Francis Shelter- Kodiak (bfs- Kodiak). Noes; MOTION CARRIED MASSAGES FROM TBB BOROUGH MAYOR February 16, 1989 moved to adopt Resolution No. 89 -08 -R and Resolution No. 89 -09 -R. Brian Connors, chairperson for the local Brother Francis Shelter Board, thanked the borough for adopting the two resolutions and entering into the cooperative agreement for the CDBG grant program. Jim Caldarola, Director for the Anchorage Catholic Social Services, thanked the assembly, the mayor, and the staff for making his visit so pleasant and also for consideration of the two resolu- tions. He said obtaining the grant was among the first series of steps to take as an organization. He urged the assembly to approve the resolutions. The presiding officer closed the public testimony and reconvened the assembly. moved to amend Resolution No. 89 -09 -R to insert the Borough Mayor or his designee" in the blank. Unanimous voice vote Mayor Selby read a portion of a letter from the Kodiak Area Native Association supporting the Kodiak Island Borough and the Catholic Social Services in their efforts to find funding for the Brother Francis Homeless Shelter to be located in Kodiak. Austerman, McFarland, Merriman, Parker, Stevens, Barker None Unanimous Mayor Selby announced a certificate of appreciation had been prepared to present to Jody Hodgins in recognition of her service to the community, specifically for her outstanding help during the recent Southwest Alaska Municipal Conference. Unfortunately, Ms. Hudgins was not able to be present to receive the certificate. He also commented on the annexation petition and said there was a joint House Resolution No. 23 introduced in the Legislative to deny the annexation by the Kodiak Island Borough of the Shelikof Straits and the strip of land on the Alaska Peninsula. He reported the resolution had passed out of the Community and Regional Affairs Committee last Tuesday with a weak recommenda- tion. He added that he was relatively confident that both houses would not adopt the resolution by March 3, the deadline for defeating the petition, and said that he was guardedly optimistic about successfully getting the annexation completed. 1 4assi 380 MESSAGES FROM MAYOF Page 23 Kodiak Island Borough Regular Assembly Meeting OID BUSINESS A. Felton Construction Appeal - Findings of Fact. FELTON CONSTRUCTION STEVENS, moved to a APPEAL - FINDINGS 0 pprove Findings of FACT seconded by MERRIMAN Fact for Felton Constriction Appeal as follows: Kodiak Island Borough denies the appeal of Felton Construc- tion Company and affirms the decision of the Contracting Officer concerning Felton Construction Company's claim for equitable adjustment and their claim for unpaid contract proceeds. The Assembly adopts the Findings of Fact and Conclusions of Law contained in the decision of the Contracting Officer issued under cover of letter dated September 14, 1988, and the additional Findings and Conclusions contained in the letter from Mayor Jerome Selby to Michael Kreger, Esq., dated December 2, 1988. In addition, the assembly adopts the following reasons in support of the decision based upon the evidence and arguments submitted at the time of the appeal hearing on this matter on January 19, 1989; 1. The Kodiak Island Borough contracted with Felton Construction to prepare the hospital site which involved removal of the large mound of rock and earth materials on one corner and filling of low spots on another portion of the site. That work was exactly what was accomplished by this contract with the exception that Felton Construction failed to import 4,924 cubic yards of rock as was required by the contract documents for a value of $88,632.00 and, in addition, less total material was moved by Felton Construction than was specified in the contract. Nothing more than was originally envisioned in the contract was in fact accomplished. 2. while Felton Construction has submitted a claim for $146,557.00 for extra drill and shoot costs, they ignore the fact that somewhere between 17,000 cubic yards to 28,000 cubic yards of overburden was not hauled to the landfill. This resulted from the fact that more rock was present and less overburden than was originally anticipated in the contract. No credit for not hauling away this extra material was provided by Felton Construc- tion even though Felton Construction's letter of May 3, 1988, identified the 28,000 cubic yards of material that would not have to be hauled. Given the other costs in the contract, the value of cost of not hauling 28,000 cubic yards would have been 5168,000.00 of credit, which should have been given to the Kodiak Island Borough. 3. Felton Construction substituted rock generated on the site for the final lift on the construction project. While the Kodiak Island Borough agreed to accept this material in lieu of imported material, the acceptance was given with a very clear understanding that a credit would be given to the Kodiak Island Borough. No such credit was forwarded. Felton Construction is attempting to charge the Kodiak Island Borough for 5,000 yards of their own rock. 4. While Felton Construction is requesting a claim for extra drill shoot and placement, the fact is that the majority of the rock that was drilled to 107.5 feet was never moved. Hence, there was no placement required. The balance was only drilled to 108.5 feet. Again much was left in place after having been drilled and shot to level off at the final elevation under the building at approximately 109 feet. In addition, Felton Con- struction is claiming that the amount of rock involved was 19,000 cubic yards. At the saw time, Ecklund Surveying's information would indicate that 11,000 cubic yards was all that was needed to do the work that was done. Hence, the amount of extra work is grossly overstated by Felton Construction. It is very apparent that much of the material which was originally intended to be removed by Felton Construction was never moved. Thus, there should have been an additional costs savings to Felton Construc- tion and one would expect a credit to the Kodiak Island Borough. Again, no such credit was offered. February 16, 1989 KIBS103808 Page 24 OLD BUS_::SSS Kodiak Island Borough Regular Assembly Meeting 5. The imported rock at the going rates of rock cost in OLD BUSINESS Kodiak would have cost $88,632.00 to purchase, haul, and replace. Approximately 550,000.00 of this cost would have been for purchase of the rock. The Contractor is using the Kodiak Island FELTON CONE 'ION Borough's rock generated on the site and saying that they should APPEAL - F 5 0 be paid $50,000.00. In addition, they are demanding extra work FACT to have placed this same rock on the site once previously. Felton Construction is requesting to be paid for the same rock three times which is unacceptable to the Kodiak Island Borough. In final analysis, Felton Construction simply did what the contract asked for except they moved less material than was originally anticipated and did not import the finished material as was required in the contract. If anything, Felton Construc- tion owes a considerable credit to the Kodiak Island Borough over and above the 688,632.00 already withheld by the Kodiak Island Borough. VOTE ON MOTION TO ADOPT Ayes: McFarland, Merriman, Parker, Stevens, Austerman, Barker Noes: None MOTION CARRIED Unanimous NEN BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 89 -06 -R Effecting Certain Budget Changes RESOLUTION In Capital Projects. N0. 89 -06 -R PARKER, moved to adopt Resolution seconded by MCFARLAND No. 89 -06 -R. Presiding Officer Barker called for a five minute recess. Presiding Officer Barker reconvened the assembly. MCFARLAND, moved to amend by seconded by MERRIMAN substitution. Mayor Selby explained the need for these budget changes and the history of the funds being transferred. Assemblyman Stevens pointed out the substance and numbers in the amended version of Resolution No. 89 -06 -11 remained the same but the amended resolution contained greater detail. VOTE ON MOTION TO AMEND Ayes: Merriman, Parker, Stevens, Austerman, McFarland, Barker Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED February 16, 1989 None Unanimous KIBS103 Parker, Stevens, Austerman, McFarland, Merriman, Barker None Unanimous Page 25 Kodiak Island Borough Regular Assembly Meeting MERRIMAN, seconded by MCFARLAND MCFARLAND, moved to amend by seconded by STEVENS substitution. VOTE ON MOTION TO AMEND Ayes: 2. Resolution No. 89 -07 -R Transferring Investment Earnings NEW BUSINESS Between Capital Project Funds. Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO AMEND MOTION CARRIED ve,'....re, \n 1000 KIBS103810 t 1 VOTE ON MOTION TO ADOPT AS AMENDED moved to adopt Resolution RESOLUTION No. 89 -07 -R. NO. 89 -07 -R Stevens, Austerman, McFarland, Merriman, Parker, Barker At the request of the presiding officer, Mayor Selby explained the difference in the projection on interest earnings between Fund 045 and Fund 047. He added the resolution adjusted the budget to match actual interest earned in each fund. Austerman, McFarland, Merriman, Parker, Stevens, Barker None Unanimous 3. Resolution No. 89 -10 -R Supporting The Federal RESOLUTION Saltonstall- Kennedy Program And The Role Of Industry NO. 89 -10 -R Directed Foundations In The Program. This item was previously approved under the "Consent Agenda." Resolution No. 89 -11 -R Requesting The 16th Alaska State RESOLUTION Legislature To Enact Comprehensive Tort Reform Legislation. NO. 89 -11 -R This item was previously approved under the "Consent Agenda." 5. Resolution No. 89 - 12 - To Effect Certain Line Item RESOLUTION And/Or Project Level Changes In The FY89 Budget. NO. 89 -12 -R AUSTEBMAN, moved to adopt Resolution seconded by STEVENS No. 89 - 12 - R. PARKER, moved to amend by seconded by STEVENS substitution. Ayes: McFarland, Merriman, Parker, Stevens, Austerman Barker Noes: None MOTION CARRIED Unanimous At Presiding Officer Barker's request, Mayor Selby explained the exchange of funds between projects in Funds 044, 040, and 047 and responded to questions from assemblymmbers. Ayes: Merriman, Parker Stevens, Barker Noes: Austerman, McFarland 4 Ayes, 2 Noes pans lA Kodiak Island Borough Regular Assembly Meeting 6. Resolution No. 89 -14 -R To Effect Certain Budget Changes NEW BUSINESS In The Bonded School Capital Projects Funds. PARKFR, moved to adopt Resolution seconded by STEVENS No. 89 -14 -R. Mayor Selby explained that basically the changes resulted from closing out completed school projects and transferring the remaining balances to the existing construction project for the Old Harbor School. Assemblyman Austerman questioned spending 510,000 on the high school noise abatement project when he understood to do a adequate repair project, the cost would be $50,000. He also questioned the mayor about the expenditures on the elevator in the high school. VOTE ON MOTION TO ADOPT Ayes: Parker, Stevens, McFarland, Barker Noes: Austerman, Merriman MOTION CARRIED 4 Ayes, 2 Noes ORDINANCES FOR INTRODUCTION 1. Ordinance No. 89 -08-0 Amending Ordinance No. 88 -13-0, The FY89 Budget (Advance to Public Hearing on March 16, 1989) This item was previously approved in first reading under the "Consent Agenda." Assemblyman Austerman responded to Mr. Conway's complaint by stating that it was a proven fact that dogs which were sprayed or neutered created a lot less problems than dogs which are not neutered. KIBS103811 RESOLUTION NO. 89 -14 - ORDINANCES FOR INTRODUCTION ORDINANCE NO. 89 -08 -0 OTHER ITEMS OTHER ITEMS None INFORMATIONAL WATIRWS (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS MINUTES OF K.I.B. Hospital Advisory Board Regular Meeting of MEETINGS January 10, 1989. B. REPORTS REPORTS 1. K.I.B. Financial Report for January, 1989. 2. Status Reports - Community Development OTHER OTHER CITIZENS' COINNIZl1'B CITIZENS' COMMENTS Paul Conway, resident of Bell's Flats, spoke to the assembly about the borough's dog licensing requirements. He said he recently purchased two dogs which cost in excess of $1,000 which he planned to breed. He said when he went to purchase licenses for these dogs, he discovered that because these dogs were not neutered, the licence cost more. He felt the higher charge for unneutered doge was unfair and thought the assembly should review their fees. February 16, 1989 Page 27 KIBS103812 Kodiak Island Borough Regular Assembly Meeting ASSEMBLyI ®,s CG_!S Assemblymember Merriman said a fill site had been brought problem over charges at the land of 535.00 for a 4lo do his attention. He said the charge pick up load was way too much. Mayor Selby explained there was a glitch in the fee system. He said an administrative decision had been made this week to charge $10.00 per pick up load for commercial garbage, and have no charge for pickup loads from residences. Assemblyman Austerman inquired whether there was still a once a month pick up of large items. He thought there should be more Publicity about the no charge" for dumping garbage at the baler site, and the picked up of larger items on certain days. Also, he said he had received another complaint regarding the Bell's Flats dumpsters. Assemblyman Parker stated persons about gall he had been contacted by several a eree as legally dispose of automotive batteries. Also, he said there was a problem over disposing of drain oil and thought the situation needed to be addressed. Mayor Selby responded to Assemblyman Parker's concerns over disposing of hazardous wastes and handling methods. A discussion followed between asaemblymembers over handling hazardous wastes. Assemblyman Stevens stated that while budget adjustments were under consideration, Assemblyman White had requested a transfer of funds from the Economic Development fund to the King Salmon Enhancement project. STEVENS, seconded by MERRIMAN moved to authorize the expenditure of 57,000 out of the Economic Development Fund for the King Salmon Enhancement Project. Assemblyman Stevens explained that the Crooked Creek Hatchery on the Kenai Peninsula had an excess of returning king salmon. He told about the city of Homer obtaining salmon fry from this facility and creating a substantial run of king salmon to the Homer Spit which created a whole new sport fishing activity. He said the plan was to imprint salmon fry to Island Lake and then put the fry into Mill Bay to create a "put and take" king salmon fishery on the road system. A discussion followed between Assembl ymembers. STEVENS, seconded by AUSTERMAN moved to table to March 2, 1989 regular assembly meeting. VOTE ON HOTION TO TABLE MOTION CARRIED Unanimous voice vote Assemblyman Stevens questioned Mayor Selby about the sprinklers at the Port Lions and Larsen Bay Schools. Assemblyman Auaterman asked the mayor to explain why the Facilities Coordinator had spent time in Seattle discussing concept plane for the new Kodiak Inland Borough Hospital with the architects. Mayor Selby explained that the construction drawings for the hospital were approaching completion. He said the Architectural Review Board had examined the plans and found an extensive list of things that needed to be changed. The Facilities Coordinator was in Seattle to transmit this information to the architects, he said, and responded to additional questions from Assemblyman Austerman, February 15, 1989 Page 28 ASSE AEN'S COMMEh AUTHORIZATION OF $7,000 EXPENDITURE FOR KING SALMON ENHANCEMENT PROGRAM Kodiak Island Borough Regular Assembly Meeting Presiding Officer Barker announced the assembly and the city council would hold a joint work session on Tuesday, February 21, 1989 at 7:30 p.a. in the borough conference room; the assembly would hold a work session on Thursday, February 23, 1989 at 7:30 p.m.; and the next regular assembly meeting would be held Thursday, March 2, 1989 in the assembly chambers. ADJOURNMENT ADJOURN,::_•^ There being no further business to come before the assembly, the meeting adjourned at 9:13 p.m. ATTEST: `- 4Lt: Borough lark KIBS103813 Presiding Officer AS7EMBLYMEN'S - '!TS (c' -:ed) February 16, 1989 Page 29