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2005-01-10 Special MeetingKodiak Island Borough January 10, 2005 - 12:00 p.m. (Noon) Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember Term Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Bonney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Ms. Nancy Galstad Interim Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION Dawn Black d /b /a Erdman Rentals, LLC vs. KIB Litigation. B. Contract No. 2005 -01 Sole Source Contract for Reconstruction and Operation of the Community Swimming Pool. 4. ADJOURNMENT Assembly Agenda Special Meeting Borough Conference Room This special meeting was called by Mayor Selby. Kodiak Island Borough Assembly Agenda January 10, 2005 Page 1 Kodiak Island Borough AGENDA STATEMENT Special Meeting of: January 10, 2005 ITEM NO. 3.B Contract No. 2005- 01 Sole Source Contract for Reconstruction and Operation of the Community Swimming Pool. Kodiak Island Borough Code 3.16.020 "Limitation on Manager'8 Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is a sole source award for labor and equipment associated with the demolition of existing pool filters and miscellaneous pipes, valves, controllers etc. as well as the installation of new pool filters, piping, valves etc. to get the community's pool back in operation. The Assembly has already approved purchase of new pumps, media, chemical controller etc. This contract would provide the labor and equipment needed to remove the old items in preparation for delivery of the new filters in late January/early February. There is significant preparation work identified. By performing the work now, we will be ready to react when the new pool filters arrive in town. KIBSD maintenance staff will also perform some work to the mechanical room once the failed filters are removed. Staff is recommending a sole source contract with Tundra Plumbing and Heating for a number of reasons. We have a good working experience with Tundra Plumbing and they have a good reputation in performing this type of work. Getting the pool back in operating condition is an overriding need. Tundra has a working history with the company providing the filters. It is expected that Tundra Plumbing can provide some of the filter operational training needs of pool staff that was identified in the proposal for new filter purchase by W.M. Smith and Associates. That contract can be reduced in scope. Staff is recommending a time and materials contract with Tundra Plumbing in an amount not to exceed $40,000 to perform the above work. This means that we will only pay for the work performed by Tundra Plumbing on an actual per hour basis and based on a cost of materials basis plus overhead. But the overall contract will not exceed $40,000. FISCAL NOTES ACCOUNT NO. 430 - 545 - 452 -160 [D] N/A Expenditure $40,000 Amount Required $ Budgeted RECOMMENDED MOTION: Move to award Contract No. 2005 -01 to Tundra ' • bing and Heating, Inc. of Kodiak, Alaska for time and materials in an amount not to exceed $40,000. 12/09/2004 15:28 9074871955 December 9, 2004 Kodiak Island Borough Atten: Bud Cassidy TUNDRA PLUMBING /HTGw TUNDRA PLUMBING & HEATING, INC 859 Panamarofl Creek Dr Kodiak Alaska 99615 907-487-1991 Ph 907-487-1955 Fx tundra1egc %net 'Per Deans review of the swimming pool project, we have come up with a brief scope of work and a quote. Please note this is only for budgetary purposes and not a firm quote, due to the fact that Bob is out of town and could not estimate this project. Per attached scope of work, we will add pipe and fittings for all owner supplied equipment that we will be hooking up, demo as directed, haul demo materials to KIB landfill. Estimated Quote: FOURTY THOUSAND DOLLARS AND 00 /00 Note: This scope of work does not include WM Smith quote. PAGE 02 Status Date KIBSD Maint task Done 12/6/04 Get quote for equipment Done 12/8/04 Provide plans to DEC for review /approval Done 12/9/04 Get plans approved by DEC Deep clean pool/deck Inspect deck/grates /sikaflex Repair deck/grates /sikaflex as required Remove old acid barrels Clean -up loose items in mech room Clear pool deck (dive end) Demo old Chemtrol Re- attach electrical to sump pumps Seal Sump pump enclosure (top conduit fittings leak) Install new coils in sump pump controller Clean and paint walls and floor ?? ?Tanks and new pump arrive ? ?? Remove doors and handrails to pool mech room Install new Chemtrol Maint hook up elec to new pump and Chemtrol Install and fill new Acid barrels Fill pool to 60% Calibrate Chemtrol Fill pool to 100% Bring pool water /air temps /water chemistry to spec Clean pool mech room Final touch -up cleaning of pool deck (Dive end) ?? ?Pool chem/temps /water chemistry up to spec ? ?? Provide sample to City of Kodiak for testing DEC inspection DEC Approval to operate Pool re- opening Touch -up paint on mech floor ac /22 t k /Bi Status Date Contractor task Remove old and re -pipe heat circ pump to provide 36'4 access to mech room Make a settling basin in alley to prevent sand from going down drain Pump sand out of sand tanks to alley Repair sump pump discharge piping Demo sand tank pipe (keep scrap in old chem storage room until job is completed) Demo sand tank and remove scrap (KIB landfill) Demo existing pump pad ?? ?Tanks and new pump arrive ? ?? Move filter media to old chem room Move tanks to pool mech and locate as per drawing Install new pump pad Install new pump /strainer Install new Chemtrol Install sand tanks - connect all piping (backflush/pump /strainer /Chemtrol flow cell /flow meter /flow switch/pressure gauges /sample line /tank vents and drains) Install pipe hangers and secure tanks to floor. Test system for proper operation - correct if required Remove scrap pipe in old chem storage room (KIB landfill) ScQ/t e 7 64;44 - ✓pia /J/f.)- h.✓ TO: Assembly Members and Staff FROM: Walt Mason and Matt Jamin DATE: January 10, 2005 RE: Erdman Appeal, 4702 -855 Memorandum The decision was distributed on December 13, 2004. Under Appellate Rule 204(a)(1), the notice of appeal must be filed within 30 days from the date shown on the clerk's certificate of distribution, which means that the appeal would have to be filed by January 12. We are not recommending an appeal. Whatever standard the supreme court says it uses in such cases, it in fact confers a great deal of discretion on a superior court ruling. Judge Bolger's decision is well reasoned, and we believe would withstand an appellate challenge. Assuming no appeal is to be taken, Judge Bolger remanded the case to the Board of Adjustment for further proceedings consistent with his opinion. His opinion finds that a landowner may make ordinary repairs to a structure that contains a nonconforming use and that Ms. Black's removal of the porch does not necessarily extinguish her right to rebuild it. Thus, under Judge Bolger's opinion, the porch may be replaced if it is an "ordinary repair" as defined in the Borough Code. It is that issue that has been remanded for further consideration. The Board of Adjustment is strictly an appellate body under KIBC 17.100.020. It would therefore be appropriate for it to remand the matter to the Planning and Zoning Commission for an initial determination of whether Ms. Black's replacement of the arctic entry is an "ordinary repair." The Commission, likewise, is entitled to seek staff input on that question if it so desires. We believe that a thorough review of section 17.36 of the Borough Code may help to eliminate some of the concerns that were present in the Erdman matter. We believe the important policy choices that are implicit in any decisions about non - conforming uses can be made clearer than they are in the current code. We understand staff are currently working up some recommendations in this regard, and would be pleased to work with staff on the project if requested. Please let us know if there is any further information that we can provide. Kodiak Island Borough January 10, 2005 During Work Session (Noon) 1. ROLL CALL Assembly Guidelines Special Meeting Borough Conference Room Clerk's note: Assemblymembers Branson may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOTION 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING A. EXECUTIVE SESSION 1. Dawn Black d /b /a Erdman Rentals, LLC vs. MB Litigation. Recommended motion: Move to convene into executive session to discuss Dawn Black d /b /a Erdman Rentals, LLC vs. KIB Litigation, a matter that qualifies for executive session under confidential attorney- client communications. ROLL CALL VOTE ON MOT /ON Please invite the Manager and the Clerk's Office staff to join you in executive session. (Upon returning from the executive session, Mayor Selby reconvenes the special meeting and announces there is no action to be taken as a result of the executive session.) B. Contract No. 2005 -01 Sole Source Contract for Reconstruction and Operation of the Community Swimming Pool. Recommended motion: Move to award Contract No. 2005 -01 to Tundra Plumbing and Heating, Inc. Of Kodiak, Alaska for time and materials in an amount not to exceed $40,000. Kodiak Island Borough Assembly Guidelines January 10, 2005 Page 1 Staff report - Manager. Assembly discussion. ROLL CALL VOTE ON MOT /ON 3. ADJOURNMENT Recommended motion: Move to adjourn the special meeting. 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