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01/31/2013 Special Meeting KODIAK ISLAND BOROUGH Assembly Special Meeting January 31, 2013 A special meeting of the Kodiak Island Borough Assembly was held on January 31, 2013 in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Aaron Griffin, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Manager Bud Cassidy, Finance Director Karl Short, Maintenance Coordinator Bob Tucker, Solid Waste Manager /Environmental Specialist Mike Patterson, Borough Attorney Cheryl Brooking, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS Todd Hiner and Marilyn Guilmet, residents of Middle Bay, spoke in favor of the composting operations at the Borough Landfill. Martha McKinney spoke against the composting operations at the Borough Landfill for the safety of Monashka Bay area residents. Margaret Hall spoke in support of the resolutions regarding the Long Term Care Center that would be presented to the Assembly at the regular meeting on February 7. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Approval of the Overall Estimated Budget Associated With the Kodiak Landfill Lateral Expansion Project. BONNEY moved to approve the overall estimated budget associated with the Kodiak Landfill Lateral Expansion Project at $28,820,288. The recently adopted changes to Title 3 of the Borough Code required, according to 3.30.100, project approval by the Assembly before change orders could be entered into. Specifically it read: Project approval should include a budget for the project that includes an appropriation of contingency funds. The landfill lateral expansion project budget had not been approved under the new rules and with the budget provided, staff was looking to meet the requirements of the . code. The landfill lateral expansion project budget included three phases: Phase I was essentially completed, Phase II was underway with a contract with Brechan Enterprises, Inc., and parts of Phase III (waste water treatment equipment) was approved by the Assembly. Other portions of Kodiak Island Borough Assembly Minutes January 31, 2013 Page 1154 Phase III which included final grading and erection of the waste water treatment building would be bid in the future. Presently the project was estimated at $28,820,288 including contingency. Currently, funding was short by $4,756,740. The Borough's loan from the Alaska Department of Environmental Conservation (DEC) could be increased to complete the project; however, the costs associated with the waste water treatment plant was the Borough's #1 project on the State Capital Improvements Project (CIP) list and was also identified as the #1 Federal CIP project. The more grant money that could be acquired, the less loan money that would be necessary. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). B. Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by Approving a Change Order to Perform Phase III Site Work in Phase II. GRIFFIN moved to authorize the manager to execute Contract No. FY2012 -21A Amending Contract No. FY2012 -21 Kodiak Landfill Lateral Expansion Project by approving a change order to Perform Phase III Site Work in Phase II in an amount not to exceed $800,244.32. Per KIBC 3.30.100 Change Order — Manager Authority, a contract change order exceeding $200,000 for a particular contract required Assembly approval. The purpose of the change order was to allow the current Landfill Lateral Expansion Project Phase II contractor, Brechan Enterprise, Inc., to perform the logging, grubbing, clearing, shoot, and blast rock removal associated with the Wastewater Treatment Facility building site for Phase III of the project. The acceleration would ensure that no HDPE liner work contained in Phase II was damaged due to the installation timing. It would also ensure that the piping to be installed during Phase II would not be threatened by the heavy haul associated with gross rock removal. It would minimize interference with multiple contractors on the site. It also allowed the work to be performed on a time and material basis which would reduce the overall cost to the Borough by preventing this portion to be bid in Phase ill, saving the contractors markup. Although there was money in the budget for the change order, the scope of work was not currently included in the Phase II contract with Brechan Enterprise, Inc. The present budget estimated for Phase III of $10,848,000 was updated and with the present funding sources available, the total project was short by $4,756,740. If the Municipal and Legislative grants were approved there would be art excess of $1,858,802 available. If these two grants were not approved then the FY13 loan could be adjusted to accommodate the $4,756,740 shortfall. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. Kodiak Island Borough Assembly Minutes January 31, 2013 Page 1155 ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, and Austerman. The meeting was adjourned at 8:09 p.m. KODIAK ISLAND BOROUGH ATTEST: Jer. e M. Selby, Ma or L.. • •Ig Nova M. Javier, MMC, Br.ugh Clerk Approved on: March 7, 2013 Kodiak Island Borough Assembly Minutes January 31, 2013 Page 1156