2018-01-11 Work Session
Kodiak Island Borough
Assembly Work Session
Thursday, January 11, 2018, 6:30 p.m.
School District Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular
meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work
session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work
sessions and items that require formal Assembly action are pla
Page
1. (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3 - 5 a. Otmeloi Way Update
Otmeloi Update 1.11.18 - Pdf
b. Update Regarding Partnership For Community Use Of Karluk
And Port Lions School Buildings
6 - 21 c. Conflict of Interest Ordinance Change Adding Definition
Regarding Substantial Financial Interest
Ord. FY2018-16 Conflict of Interest Item
d. Borough Budget Time Lines and Expectations
3. MANAGER COMMENTS
4.
5. PACKET REVIEW
UNFINISHED BUSINESS
Confirmation Of Mayoral Appointment To The Parks And Recreation
Committee (Mr. Shane Ali'i Thompson).
NEW BUSINESS
CONTRACTS
Contract No. FY2018-08 A Lease Between The Kodiak Island Borough
And The Natural Resources Conservation Service, A Federal Agency.
RESOLUTIONS
Resolution No. FY2018-19 Adding Kodiak Island Borough Road Rights
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www.facebook.com/Kodiakislandborough @KodiakBorough
www.kodiakak.us
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of Way To Sun'aq Tribe Of Kodiak's Tribal Transportation Program.
ORDINANCES
Ordinance No. FY2018-13 Amending Various Chapters Of KIBC Title
17 (Zoning) To Clarify Setback Requirements In Various Zoning Districts
(P&Z Case No. 18-009).
Ordinance No. FY2018-14 Amending KIBC 17.15 (General Provision
And Use Regulations), KIBC 17.195 (Variances), KIBC 17.200
(Conditional Use Permits), And KIBC 17.205 (Amendments And
Changes) To Make Certain Administrative Land Use Processes
Consistent (P&Z Case No. 18-008).
Ordinance No. FY2018-16 Amending Title 2 Administration And
Personnel, Chapter 35 Conflict Of Interest, Section 020 Definitions To
Establish A Clear Definition Of Substantial Financial Interest In The
Borough Code
EXECUTIVE SESSION
Litigation Tactics And Strategies Regarding Kodiak High School Claims:
Watterson Construction VS. Kodiak Island Borough
6. ASSEMBLY MEMBERS COMMENTS
7.
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www.kodiakak.us
Page 2 of 21
AGENDA ITEM #2.a.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 11, 2018
ASSEMBLY WORK SESSION
SUBJECT: Otmeloi Way Update
ORIGINATOR: Sara Mason
RECOMMENDATION:
DISCUSSION:
An update on the Otmeloi Way Reconstruction Project was added to this work session
agenda during agenda setting on January 3rd.
The attached memo contains information from the DOT&PF Project Manager and DOT&PF
Regional Materials Engineer regarding the proposed pavement thickness of Otmeloi Way and
the cost of increasing the pavement thickness to 4 inches.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
Page 3 of 21
Otmeloi Way Update
AGENDA ITEM #2.a.
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Date: January 9, 2018
To: Borough Mayor and Assembly
Cc: Borough Manager
From: Community Development Director
RE: Otmeloi Way Reconstruction Additional Information
from DOT&PF Regarding Asphalt Thickness
On January 9, 2018 the following information was sent from DOT&PFs project
manager, Christopher Goins, P.E., for the Otmeloi Way Reconstruction Project on
behalf of Southcoast Regions Regional Materials Group Chief, Bob Trousil, P.E. This
information is related to the issue of pavement thickness on the Otmeloi Way project.
asphalt section, which is not a standard engineering practice in and of itself. The vast
majority of pavement failures are nearly always correlated to the integrity and quality of
the base and sub-base materials, both placed and naturally occurring. These materials
support the asphalt, which is a flexible structure. Any thickness of asphalt placed on
poorly compacted materials, poorly drained road prisms, poor quality materials bases,
and so on, will fail prematurely. Pavement thickness will not make the pavement section
stronger. Asphalt is designed to be flexible, not rigid.
Evaluation of the sub-surface materials was an important component during the design
phase of the Otmeloi project. Geotechnical investigations characterized the subsurface
materials and their condition by drilling adjacent and into the roadway prism.
Engineering properties for these materials were determined and used to make
recommendations for the sub-base, base course, and asphalt structural section, in
addition to any other structures (i.e. retaining walls) that may have been required for this
project.
It should be noted that pavement failures can occur if the improper asphalt mix design is
developed, or if the asphalt producer makes and places a product that is out of
specification. The asphalt mix design would be developed by our AK DOT&PF
Southcoast Region Materials Laboratory, which is one of the few AASHTO accredited
Page 4 of 21
Otmeloi Way Update
AGENDA ITEM #2.a.
laboratories in the State of Alaska. In addition, our specifications and acceptance testing
are rigorous in this respect, essentially eliminating failure of pavements associated with
the development and installation of sub-standard pavement mixes.
The pavement structural section has been designed using best engineering practices,
and will be installed in accordance to those specifications used in the construction used
to build similar infrastructure across the State of Alaska. Given the high standard of
engineering design and construction that have and will be used on this project, a thicker
asphalt section provides no advantage, and increases the cost of the project
Mr. Goins added to Mr. Trousils narrative with the following:
I will add drainage of the soils and water in the road base was considered in our
design. Otmeloi Rd. has two very distinct areas where upwelling occurs in the road. To
avoid premature failure in these locations the design is placing a special drainage base
to ensure water can escape from the base of the road without leading to failure at the
surface.
It is our belief the addition of asphalt pavement beyond the design will provide no
additional benefit given the design efforts and analysis taken. There is one minor
exception to this I have found and can offer. If the Borough prefers there is an option to
place centerline recessed pavement markings. These markings would be placed within
grooved pavement making them less likely to be destroyed by snow plows. This
recession in the pavement would require the depth of the asphalt section to be 2.5-
inches thick.
Lastly, to answer the other two questions.
Q#1: What is the current line item budget for the project?
A: All remaining funding for the project leaves a balance of approximately $2,624,000.
A: The additional cost of 2-inches of asphalt would add approximately $335,000 to the
cost of construction.
Staff responded by thanking DOT&PF for the information provided and clarified that the
request identified above as Question #1 was for receipt of the actual line item budget in
spreadsheet format. As of the publishing of this memo at 10:30 a.m. on January 9,
2018, this information had not been received. Staff will include the item for republishing
once the information is provided to us.
Page 5 of 21
Otmeloi Way Update
AGENDA ITEM #2.c.
KODIAK ISLAND BOROUGH
STAFF REPORT
JANUARY 18, 2018
ASSEMBLY REGULAR MEETING
SUBJECT: Ordinance No. FY2018-16 Amending Title 2 Administration And Personnel,
Chapter 35 Conflict Of Interest, Section 020 Definitions To Establish A Clear
Definition Of Substantial Financial Interest In The Borough Code
ORIGINATOR: Rebecca Skinner
RECOMMENDATION:
Move to advance Ordinance No. FY2018-16 to public hearing at the next regular meeting of
the Assembly.
DISCUSSION:
This ordinance is being introduced by Assembly member Skinner. Please see attached memo
in the packet.
polices or guidelines explaining how to determine whether a financial interest is substantial,
which could lead to inconsistent application of KIBC conflict of interest provisions. This
proposed code amendment creates a bright-line conflict of interest test that is consistent with
past interpretation and application of the Borough Code, conforms with the fairness doctrine,
the State of Alaska4.
This code amendment will address most conflict situations the Assembly is likely to
encounter, significantly reducing the number of times the Assembly will need to undertake
fact-sensitive inquiries and formal action in regards to conflict of interest. Instances of conflict
of interest not covered by this amendment would continue to be evaluated on the specific
facts of each instance and with consideration of any applicable legal standard.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
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Conflict of Interest Ordinance Change Adding Definition Regarding Substa...
AGENDA ITEM #2.c.
1 Introduced by:Assembly Member Skinner
2 Drafted by:Assembly Member Skinner
3 Introduced on:01/18/2018
4 Public Hearing Date:
5 Adopted on:
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCENO. FY2018-16
9
10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAMENDING
11 TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 35 CONFLICT OF INTEREST,
12 SECTION 020 DEFINITIONS TO ESTABLISH A CLEAR DEFINITION OF SUBSTANTIAL
13 FINANCIAL INTEREST IN THE BOROUGH CODE
14
15 WHEREAS,it is recognized that the integrity required of public officeholders demands that the
16 appearance of impropriety be avoided (Griswold 925 P.2d 1015 (Alaska 1996); and
17
18 WHEREAS,the Alaska Statutes and the KIB Code prohibit Assembly members from voting on
19 matters in which they have a substantial financial interest; and
20
21 WHEREAS,the KIB Code 2.35.010 further prohibits a member of the Assembly from voting in
22 cases of both direct and indirect substantial financial interest; and
23
24 WHEREAS,KIB 2.35.010 has previously been interpreted and applied to prohibit Assembly
25 members from voting on matters involving their employers (see LeDoux and KIBSD funding KIB
26 Assembly Regular Meeting of 05/18/17, Van Daele and Leisnoi Conservation Easements KIB
27 Assembly Regular Meeting of 12/01/16); and
28
29 WHEREAS,the KIB Code does not define “substantial financial interest” and a December 28,
30 2017 opinion from the KIB Attorney recommended adding a definition in the KIB Code; and
31
32 WHEREAS,the Assembly recognizes that establishing a clear definition of “substantial financial
33 interest” will help ensure efficiency, consistency, fairness and reduce any appearance of
34 impropriety; and
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
37 BOROUGH THAT:
38
39 Section 1:This ordinance is of a general and permanent nature and shall become a part of the
40 Kodiak Island Borough Code of Ordinances.
41
42 Section 2:That Title 2 Administration and Personnel, Chapter 35 Conflict of Interest, Section 020
43 Definitions of the Kodiak Island Borough Code of ordinances is amended to read as follows:
44
45
Kodiak Island Borough, AlaskaOrdinance No. FY2018-16
Deletion –Red, StrikeoutPage 1of 2
Insertion –Bold, Blue, UnderlinedVersion 1
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46 2.35.020 Definitions.
47
48 As used in this chapter, the following definitions shall apply:
49
50“Municipal officer” means the mayor, assembly members, manager, and members of the planning
51 and zoning commission.
52“Substantial financial interest” means an expectation of receiving a non-trivial pecuniary
53 or material benefit or loss. A person who has an ownership interest, or is a director, officer
54 or employee of an organization or entity has a substantial financial interest in regardto
55 that organization, and may not vote on contracts, agreements, or other actions involving
56 that organization.
57 Effective Date:This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
58 ordinance takes effect upon adoption or at a later date specified in the ordinance.)
59
60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
61 THIS __________ DAY OF _______________,2018.
62
63 KODIAK ISLAND BOROUGHATTEST:
64
65
66______________________________________________________
67 Daniel A. Rohrer,MayorNova M. Javier, MMC, Clerk
68
69 VOTES:
70 Ayes:
71 Noes:
Kodiak Island Borough, AlaskaOrdinance No. FY2018-16
Deletion –Red, StrikeoutPage 2of 2
Insertion –Bold, Blue, UnderlinedVersion 1
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AGENDA ITEM #2.c.
MEMORANDUM
To: KIB Borough Assembly
Through: KIB Borough Clerk
From:Rebecca Skinner
Date:January 9, 2018
Re: Proposed Code Change Regarding Conflict of Interest
Alaska statutes prohibit elected officials from voting on matters in which they have a substantial
1
financial interest, and require that amunicipalityaddress this in code,or default to state law.In
addition, the appearance of fairness doctrinerequires that “the public trust be maintained by
2
ensuring that an action not only be fair, but that it also appearsfair”.Kodiak Island Borough
Code 2.35.010 addresses conflict of interest and prohibits Assembly members from voting on
matters in which they have a direct or indirect substantial financial interest.
The Borough code does not define “substantial financialinterest,” and there are no KIB polices or
guidelines explaining how to determine whether a financial interest is substantial, which could
lead to inconsistent application of KIBC conflict of interest provisions. This gap was identified
by the Borough Attorney in his December 20, 2017 memorandum, along with examples of how
other municipalities have created bright-line tests and definitions of “substantial financial interest.”
I reviewed past Assembly actions (votes and recusals) and it appears that the Borough Code has
beeninterpreted and applied to prohibit Assembly members from voting on matters involving an
entity with which the Assembly member hasan existing or imminent ownership or employment
3
interest. As additional points of reference I also reviewed other Alaskan municipal codes and
State of Alaska guidance for public employees. A number ofmunicipalities, and the State of
Alaska, define “substantial financial interest” or “financial interest” to include an individual’s
employment. Additionally, employer information is collected on the annual APOC financial
disclosure form required to be submitted by every Assembly member.
Thisproposed code amendment creates a bright-lineconflict of interesttest that is consistent with
past interpretation and application of the Borough Code, conforms with the fairness doctrine, and
is in line with “substantial financial interest”definitions used by other municipalities and the State
4
of Alaska.I believe this code amendment will addressmost conflict situationsthe Assembly is
likely to encounter, significantly reducing the number of times the Assembly will need to
undertake fact-sensitive inquiries and formal actionin regards to conflict of interest.Instances of
conflict of interest not covered by thisamendment would continue to be evaluated on the specific
facts of each instance and with consideration of any applicable legal standard.
1
AS 29.AS 29.20.010. Conflict of Interest
2
SeeState ofAlaska Department ofCommerce, Community,and Economic DevelopmentDivision ofCommunity
and RegionalAffairs“Local Government Online”resourcepage for local government and elected officialsat:
https://www.commerce.alaska.gov/web/dcra/LocalGovernmentOnline/LocalGovernmentElectedOfficials/Conflictof
Interest.aspx
3
The twomost recent instancesdirectly on point are: (1)LeDoux declareda conflict andwas excused fromvoting
onKIBSD funding provided by the Borough at the KIBAssemblyRegular Meeting of 05/18/17,atwhich time
LeDouxhad signeda contractforemploymentwith the School District; (2) Van Daele declaredaconflict andwas
excusedfromvoting on theBorough taking onConservation Easements forLeinoi lands at the KIB Assembly
RegularMeeting of12/01/16,atwhich time VanDaelehad accepted anoffer of employment with Leisnoi.
4
AS 39.52.960
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