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12/29/2009 SMKODIAK ISLAND BOROUGH Assembly Special Meeting December 29, 2009 A special meeting of the Kodiak Island Borough Assembly was held on Tuesday, December 29, 2009 in the Borough Conference Room 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 Jerrol Friend, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. FRIEND moved to excuse Assembly members Branson, Jeffrey, and Fulp who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS Toby Sullivan addressed the Kodiak Maritime Museum's future development plans. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. KAPLAN moved to confirm the Mayoral and Assembly appointments to different boards, committees, and commissions as follows: MAYORAL APPOINTMENTS Architectural /Engineering Review Board Cliff Ford and Norm Wooten to the seats to expire 2012. Parks and Recreation Committee Jeff Huntley, Patrick Salstonstall, and Hans Tschersich to the seats to expire 2012. William Bethea the seat to expire 2011. Planning and Zoning Commission Kathleen (Casey) Janz, Dave King, and William Kersch to the seats to expire 2012. Note: William Kersch was for a City Seat. Solid Waste Advisory Board Gary Turk Martin and Nick Szabo to the seats to expire 2012. Sebastian Niziol to the retail business representative seat to expire 2012. Donn Tracy to the seat to expire 2011. ASSEMBLY APPOINTMENTS Board of Equalization Cheryl Boehland to the seat to expire 2012. Personnel Advisory Board Curtis Law to the seat to expire 2012. Kodiak Island Borough Assembly Minutes December 29, 2009 Page 749 Bay View Road Service Area Board Fred Roberts to the seat to expire 2012. Margo Carmichael to the seat to expire 2010. Monashka Bay Road Service Area Board Jamie Godwin to the seat to expire 2010. FRIEND moved to split the question pulling the Architectural /Engineering Review Board appointments from the question. ROLL CALL VOTE ON MOTION TO SPLIT THE QUESTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MOTION TO CONFIRM THE MAYORAL AND ASSEMBLY APPOINTMENTS WITH THE EXCEPTION OF THE ARCHITECTURAL /ENGINEERING REVIEW BOARD MEMBERS CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, and Friend. STUTES moved to split the question confirming the Mayoral appointments of Cliff Ford and Norm Wooten to the Architectural /Engineering Review Board. ROLL CALL VOTE ON MOTION TO SPLIT THE QUESTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, and Kaplan. ROLL CALL VOTE ON MOTION TO CONFIRM THE MAYORAL APPOINTMENT OF MR. CLIFF FORD TO THE ARCHITECTURAL /ENGINEERING REVIEW BOARD FOR A TERM TO EXPIRE DECEMBER 2012 CARRIED UNANIMOUSLY: Stutes, Friend, Kaplan, and Lynch. ROLL CALL VOTE ON MOTION TO CONFIRM THE MAYORAL APPOINTMENT OF MR. NORM WOOTEN TO THE ARCHITECTURAL REVIEW BOARD FOR A TERM TO EXPIRE DECEMBER 2012 FAILED TWO TO TWO: Friend and Stutes (Noes); Kaplan and Lynch (Ayes). B. Contract No. FY2010 -20B Chiniak Contaminated Soil Clean -Up Project. FRIEND moved to authorize the Manager to execute Amendment #B to the existing Term Contract No. FY2010 -20 with Satori Group, Inc. of Anchorage, AK for clean -up and containment of contaminated soils at Chiniak School property for an amount not to exceed $62,500. The teacher's residence at the Chiniak School experienced a rupture in an above ground fuel oil tank causing a fuel oil spill on the premises during the first week of December 2009. Borough staff investigated and determined the estimated quantity spilled required notification to the Department of Environmental Conservation (DEC). Satori Group, Inc. was contacted and they notified DEC. John's Heating removed the old tank and plumbed in a replacement. Due to the continuous expansion of the oil plume, Manager Gifford authorized immediate action in order to contain costs and environmental damage. Satori Group, Inc. mobilized to assess and plan the clean -up effort and provided an estimate to capture the contaminated soil and construct a Kodiak Island Borough Assembly Minutes December 29, 2009 Page 750 temporary containment cell on site totaling $59,367. The proposed amendment to the Term Contract would authorize the work and provide for compensation based on actual time and expenses in accordance with the agreed fee schedule and all requirements contained in the Term Contract. Staff recommended authorizing Satori Group, Inc. to perform work as described in an amount not to exceed $62,500, which included approximately 5% contingency. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, and Friend. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, and Kaplan. The meeting adjourned at 7:53 p.m. ATTEST: December 29, 2009 Nova M. Javier, MM , Borough Clerk KODIAK ISLAND BOROUGH f r y;; J4rome M. Selby, Mayor Approved: February 18, 2010 Kodiak Island Borough Assembly Minutes Page 751