2015-09-24 Work Session Kodiak Island Borough
Assembly Work Session
Thursday, September 24, 2015, 7:30 p.m.
Borough Conference Room
Worts 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 placed on regular Assembly meeting agenda.Citizen's comments at work sessions
are NOT considered part of the official record.Citizen's comments Intended for the"official record"should be made at a
regular Assembly meeting.
Page
1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
a. Providence Hospital Presentation, Mr. Bruce Lamoureax, Senior
VP/CEO
b. Fire Damage in the Borough Parcel in Chiniak
C. Road Maintenance and Repairs, Snow Removal and Sanding,
and Small Projects for KIB Facilities and Grounds Request for
Proposal/Other Projects Update
3 - 13 d. Documenting Discussion During Executive Session
Documenting x c tiv Session v
Documentinq Executive Session v
Documenting x c ti i n Directions Research
14 - 26 e." Fisheries Analyst Reports of August 5 and August 26, 2015.
KEWG August 5 meeting
August r
3. PACKET REVIEW
NEW BUSINESS
CONTRACTS
Contract No. FY2016-24 Baler Building Floor Replacement Project.
RESOLUTIONS
Resolution No. FY2016-13 Supporting Negotiations Between the
Borough and Leisnoi Native Corporation to Develop the Terms of a
Conservation Easement for Habitat Preservation and Public Access on
Land at Termination Point.
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Resolution No. FY2016-14 Supporting Negotiations Between the
Borough and Leisnoi Native Corporation to Develop the Terms of a
Conservation Easement for Habitat Preservation and Public Access on
Land at Long Island„
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2016-08 Rezoning Lot 3A, Block 2, Tract F, Old
Harbor Subdivision from R1-Single-family Residential District to R2-
Two-famiiy Residential District (P&Z Case No. 16-002).
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
6. MAYOR'S COMMENTS
7. ASSEMBLY MEMBERS COMMENTS
B. FUTURE DISCUSSION ITEMS
Budget Meetings with the City/School District, Renewal and
Replacement Projects Funding, SD Mental Health Services Provided by
the Counseling Center, School District Rental Rates, KIB Vacant
Positions, Public/Private Land Development Partnership, MHP Land
Sale, Teleconferencing Ordinance, In-Kind Documents, Action Plans,
Traffic Along Mill Bay Road, KFAC Structure and Purpose, Affordable
Housing in Kodiak, Village Presentations at Regular Meetings,
Contracting and Procurement Process, KUBS Presentation, Non Profit
Funding Process Discussion, Town Hall Meeting to Discuss Priorities,
and Role of Elected Officials During in an Incident Command System,
Consolidation of Fire Departments, Review of the Salary Schedule and
Overview of the Hiring Process, Contract with Waste Management,
Hospital Lease, Boards, Committees, and Commission Structures
Visit our website at wwvv facdIbo IIk @KodiakBorou h
l 01 Page 2 of 26
AGENDA ITEM #2.d
l
2 Introduced by: Assembly Members
' elA°' pion "I Rohrer and Skinner
3 Ex,4L ct.ffl'vie Siessiolin Requested by: Assembly Members
4 Rohrer and Skinner
dot"il :.'n :IIIIII'tllrfi ti"Id Drafted by: Borough Clerk
5 Introduced: XXIXX/XXXX
6 Public Hearing-
7 Adopted:
8
9 KODIAK ISLAND BOROUGH
i 0 ORDINANCE NO. FY20OX-XX
!i
12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
13 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30
14 RULES OF THE ASSEMBLY SECTION 2.30.030 TYPES OF MEETINGS TO
15 ADD PROCEDURES DOCUMENTING DISCUSSION DURING EXECUTIVE
16 SESSION
17
18
I9 WHEREAS, it is necessary to document Assembly discussion and direction given during
20 executive session;and
21
22 WHEREAS, it is also necessary to establish procedures regarding security, access„
23 disclosure, retention,and disposal of such documentation.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
26 BOROUGH THAT:
27
28 Section 1: This ordinance is of a general and permanent nature and shall become a part of
29 the Kodiak Island Borough Code of Ordinances.
30
31 Section 2: KIBC 2,30.030(E)Types of Meetings Is hereby amended as follows:
32
33 E. Executive sessions.The assembly may meet in executive session,at the call of the mayor,
34 deputy presiding officer,or any four members of the assembly,only during a regular or special
35 meeting,to privately discuss matters of confidential concern to the well-being of the borough
36 government.
37 1. Upon adoption of a motion stating the purpose for an executive session the
38 assembly In closed session may discuss:
39 a. Potential or pending litigation to which the borough may become or is a party;
40 b. Any matter the immediate public knowledge of which would tend to affect
41 adversely the finances of the borough;
42 c. Any matter which would tend to defame or prejudice the character or
43 reputation of any person,except that the person may request a public
44 discussion;
45 d. Matters involving negotiations with labor organizations representing borough
46 employees;
47 e. Matters which by law or ordinance are required to be confidential;
Kodiak Island Borough,Alaska Ordinance No. FY200X-XX
Page 1 of 3
Page 3 of 26
Documenting Discussion During Executive Session
AGENDA ITEM #2.d.
48 f. Confidential attomey-client communications made for the purpose of
49 facilitating the rendition of professional legal services to the borough;
50 g. Matters pertaining to personnel,and
51 h, Land acquisition or disposal.
52
53 2. The borough clerk or designee shall take executive session written
54 summaries of the discussion and may include direction given to staff andlor
55 borough attorney on any matter which is required to be kept confidential by
56 borough ordinance,state law,or federal law during the executive session.
57 as The summaries taken by the borough clerk or designee will be sealed
58 by the clerk and placed in a secured area.
59 b. Under the supervision of the borough clerk or designee,the following
60 are permitted to review the summaries within the borough
61 administration office,
62 1. Any individual who attended the executive session.
63 H. Mayor,any member of the assembly,or borough manager
64 presently in office,who was in office at the time of the executive
65 session but did not attend the executive session and was not
66 disqualified from participating in executive session.
67 Ill. Mayor, member of the assembly, or borough manager who took
68 office after the executive session was hold and who would riot
69 have been disqualified from participating in the executive
70 session due to a conflict of interest per borough code.
71 3. The mayor,members of the assembly, borough manager, and borough
72 attorney shall be promptly advised by the borough clerk in the event any
73 executive session written surnmairy is to be made available for review as
74 herein provided.
75 4. Executive session written summaries shall be retained in accordance with
76 the assembly-adopted record retention schedule.At the end of the
77 prescribed retention period the borough clerk shall destroy the executive
78 session summaries.
79 5. Executive session written summaries shall be available for public access
80 according to the following schedule,
81 a. If the executive session concerns pending litigation,the release date
82 shall be when all causes of action have been resolved by final judgment
83 or when further claims arising from the matter are otherwise barred-,
84 b. If the executive session concerns labor negotiations,the release date
85 shall be six months following expiration of the labor contract that was
86 the subject of the executive session, or six months following approval
87 of a successful agreement,whichever is later;
99 c. If the session concerns matters that,if immediately disclosed,would
89 adversely affect the finances of the borough,the release date shall be a
90 date set by the assembly at the conclusion of the executive session;
91 and
92 d. If the session concerns matters which tend to defame or Injure the
93 reputation of persons,the assembly may set a release date or may
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 2 of 3
Page 4 of 26
Documenting Discussion During Executive Session
AGENDA ITEM #2.d
94 provide that no release shall occur unless the assembly votes to
95 release the recording after providing notice and an opportunity to
96 object to the person who was the subject of the executive session.The
97 assembly may authorize the release over any objections.
98 The assembly may extend the time periods set forth in the schedule
99 through adoption of a motion identifying good cause-, provided further,
100 that,after consultation with the borough attorney,the assembly may, by
101 majority vote,authorize the public release of an executive session
102 summary at a time earlier than the time prescribed in the schedule.
103 6. No portion of the written summaries of an executive session of the borough
104 assembly shall be open for public Inspection or subject for discovery in any
105 administrative or judicial proceeding,except upon a two-thirds vote of the
106 assembly or by court order.
107 7. Disclosure of discussions.The contents of discussion occurring during an
108 executive session shall not be disclosed In any manner at any time by a
109 member of the assembly or the staff,except to the borough attorney for the
110 sole purpose of providing legal advice, pursuant to an order of a court of
III competent jurisdiction in a proceeding filed to determine compliance with AS
112 44.62.310 et.Seq.(State of Alaska Open Meetings Act),or pursuant to
113 subsection E5 of this section.
114
115 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
116 THIS DAY OF 2015
117
118
119 KODIAK ISLAND BOROUGH
120
121
122
123 Jerrol Friend, Borough Mayor
124
125 ATTEST:
126
127
128
129 Nova M. Javier, MMC, Borough Clerk
130
131
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 3 of 3
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Documenting Discussion During Executive Session
AGENDA ITEM #2.d.
1
2 Introduced by:. Assembly Members
`oars[,'irlii 2 Rohrer and Skinner
3 E eirU'tiVe SeSM0111 Requested by: Assembly Members
4 Audio Il ,ecordiol Rohrer and Skinner
5 g Dratted by: Borough Clerk
Introduced: Xx/xx/XXXX
6 Public Hearing:
7 Adopted:
8
9 KODIAK ISLAND BOROUGH
10 ORDINANCE NO. FY200X-XX
11
12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
13 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30
14 RULES OF THE ASSEMBLY SECTION 2.30.030 TYPES OF MEETINGS TO
15 ADD PROCEDURES DOCUMENTING DISCUSSION DURING EXECUTIVE
16 SESSION
17
18
19 WHEREAS, it is necessary to document Assembly discussion and direction given during
20 executive session;and
21
22 WHEREAS, it is also necessary to establish procedures regarding security, access,
23 disclosure, retention,and disposal of such documentation.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
26 BOROUGH THAT:
27
28 Section 1: This ordinance is of a general and permanent nature and shall become a part of
29 the Kodiak Island Borough Code of Ordinances.
30
31 Section 2 KIBC 2.30.030(E) Types of Meetings is hereby amended as follows:
32
33 E. Executive sessions.The assembly may meet in executive session,at the call of the mayor,
34 deputy presiding officer,or any four members of the assembly, only during a regular or special
35 meeting,to privately discuss matters of confidential concern to the well-being of the borough
36 government.
37 1. Upon adoption of a motion stating the purpose for an executive session the
38 assembly in dosed session may discuss:
39 a. Potential or pending litigation to which the borough may become or is a party;
40 b. Any matter the immediate public knowledge of which would tend to affect
41 adversely the finances of the borough:
42 c. Any matter which would tend to defame or prejudice the character or
43 reputation of any person, except that the person may request a public
44 discussion;
45 d. Matters involving negotiations with labor organizations representing borough
46 employees;
47 e. Matters which by law or ordinance are required to be confidential;
Kodiak Island Borough,Alaska Ordinance No.FY20OX-XX
Page 1 of 3
Page 6 of 26
Documenting Discussion During Executive Session
AGENDA ITEM #2.d
48 f. Confidential attorney-client communications made for the purpose of
49 facilitating the rendition of professional legal services to the borough;
50 g. Matters pertaining to personnel; and
51 h. Land aoquisition or disposal.
52
53 2. Audio recordings shall be made of all executive sessions held by the
54 borough assembly.
55 a. Recordings of those sessions will be sealed by the clerk and placed in a
56 secure area to be retained according to the borough's records retention
57 schedule.
58 b. Under the supervision of the borough clerk or designee,the following
59 are pennifted to discretely review the audio recordings within the
60 borough administration office:
61 1. Any individual whoa nded the executive session.
62 iL Mayor,any member,of the assembly,or borough manager
63 presently in office,who was in office at the time of the executive
64 session but did not attend the executive session and was not
65 disqualified from participating in executive session.
66 W. Mayor, member of the assembly, or borough manager who took
67 office after the executive session was held and who would not
68 have been disqualified from participating in the executive
69 session due to a conflict of interest per borough code.
70 3. The mayor, members of the assembly, borough manager, and borough
71 attorney shall be promptly advised by the borough clerk in the event any
72 audio recording is to be made available for review as herein provided.
73 4. Executive session audio recording shall be retained in accordance with the
74 assembly-adopted record retention schedule,At the end of the prescribed
75 retention period the borough clerk shall destroy the executive session audio
76 recordings.
77 & Executive session audio recordings shall be available for public access
78 according to the following schedule:
79 a, If the executive session concerns pending litigation,the release date
80 shall be when all causes of action have been resolved by final judgment
81 or when further claims arising from the matter are otherwise barred;
82 b. If the executive session concerns labor negotiations,the release date
83 shall be six months following expiration of the labor,contract that was
84 the subject of the executive session, or six rnonths following approval
85 of a successful agreement,whichever is later,
86 c. If the session concerns matters that, if immediately disclosed,would
87 adversely affect the finances of the borough,the release date shall be a
88 date set by the assembly at the conclusion of the executive session-,
89 and
90 d. If the session concerns matters which tend to defame or injure the
91 reputation of persons,the assembly may set a release date or may
92 provide that no release shall occur unless the assembly votes to
93 release the recording after providing notice and an opportunity to
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 2 of 3
Page 7 of 26
Documenting Discussion During Executive Session
AGENDA ITEM #2.d
94 object to the on who was the subject of the executive session,The
95 assernbly may authorize the release over any objections.
96 The assembly may extend the time periods set forth in the schedule
97 through adoption of a motion identifying good cause-, provided further,
98 that,after consultation with the borough attorney,the assembly may, by
99 majority vote,authorize the public release of an executive session
100 audio recording at a time earlier than the time prescribed in the
101 schedule.
102 6. 'No portion of the audio recording of an executive session of the borough
103 assembly shall be open for public inspection or subject for discovery in any
104 administrative or judicial proceeding,except upon a two thirds vote of the
105 assembly or by court order.
106 7. Disclosure of discussions.The contents of discussion occurring during an
107 executive session shall not be disclosed in any manner at any time by a
108 member of the assembly or the staff-,except to the borough attorney for the
109 sole purpose of providing legal advice, pursuant to an order of a court of
110 competent jurisdiction in a proceeding filed to determine compliance with AS
111 44.62.310 at. Seq.(State of Alaska Open Meetings Act),or pursuant to
112 subsection ES of this section.
113
114 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
115 THIS DAY OF 2015
116
117
118 KODIAK ISLAND BOROUGH
119
120
121
122 Jerrol Friend,Borough Mayor
123
124 ATTEST:
125
126
127
128 Nova M. Javier, MMC, Borough Clerk
129
130
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 3 of 3
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Documenting Discussion During Executive Session
AGENDA ITEM #2.d
DOCUMENTINGITAPING EXECUTIVE SESSIONS' DIRECTIONS OR DECISIONS
Assembly rnerriber Darn Rohrer req ues!Ilercil to see how other cu::urnmtmities document the
directions given nalm.uring erxecr,rlive sessions,There are a fiawv commurn'itues urn Alaska that tape
their executive sessuons and most dry not.Another roption to consider is taking necessary
note,s9surnnmir,lidirection by the Assosrnbly and retain those in sealed envellopr:::s anal keep them
for a mummer of years or Ilornger a:fepeni rig a.:urn vdietl'uer they involve an ongoflr4q litiegation.
TAPE Kenai Peninsula Borough
'Anchorage Kenai (City)
Fairbanks North Star Borough Kodiak(City)
'Haines Kodiak Island Borough
Ketchikan(City) Kotzebue
•Ketchikan Gateway Borough Lake and Pen
Mat-Su
DO NOT TAPE McGrath
*Adak New Stuyahok
Aleknagik North Pole
Aleutians East Borough North Slope Borough
Barrow Palmer
Bethel Petersburg
Bristol Bay Seward
Craig Sitka
Delta Junction Soldotna
Denali Borough Skagway
Eagle Unalaska
False Pass "Valdez
Galena •Wasilla
Homer White Mountain
Juneau Yakutat
Wrangell
("additional info below)
Reasons given for taping include:
• To keep assembly members on track
• To protect the city against allegations of inappropriate activity
• For proof that the municipality was following the law
Reasons given for not taping include:
• The tapes would/might become available to the public under the Public Records Act
• To help insure that confidential information is kept private, and to avoid any possibility of
an accidental release of confidential information
Rev. 2015-08-25
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Documenting Discussion During Executive Session
AGENDA ITEM #2.d.
• Executive sessions are confidential, so there is no reason to tape them
• Taping defeats the purpose of an executive session by having a recording of the session
that could potentially become public
• To allow freedom of discussion without fear of disclosure or retribution
• Tapes could be used against the municipality or requested by individuals who are
involved in a lawsuit against the municipality
ANCHORAGE CODE
AMC 2.30.030
K. Executive sessions.
1. The assembly may recess to meet In executive session to discuss the following subjects if
the express nature of the subject Is stated in the motion calling for the session:
a. Pending litigation;
b. Labor negotiations with municipal employees;
c. Matters that, if immediately disclosed,would clearly affect adversely the finances of the
municipality;or
d. Matters which tend to defame or injure the reputation of persons.
2. No official action may be taken in executive sessions.Although the public may be excluded,
the session shall be electronically recorded.The tapes shall be available for public access
according to the following schedule:
a. If the session concerns pending litigation,the release date shall be when all causes of action
have been resolved by final judgment or when further claims arising from the matter are
otherwise barred;
b. If the session concerns labor negotiations,the release date shall be six months following
expiration of the labor contract;
c. If the session concerns matters that, if immediately disclosed,would adversely affect the
finances of the municipality,the release date shall be a date certain set by the assembly at the
conclusion of the executive session;and
d. If the session concerns matters which tend to defame or injure the reputation of persons the
assembly may set a release date or may provide that no release shall occur.
3. The assembly may extend the time periods set forth in subsection 2.of this subsection only
for good cause shown.
4. Notwithstanding any provisions of Chapter to the contrary,tapes or minutes of an executive
session shall be available only to assembly members or authorized municipal staff until the date
of release, if any,as authorized under the provisions set forth in this subsection.
HAINES
HBC 2.10.040
E.Audio recordings shall be made of all executive sessions held by the borough assembly.
1. Recordings of those sessions will be sealed by the clerk and placed in a secure area to be
retained according to the borough's records retention schedule.
2.The record may be heard by the mayor or a member of the assembly who did not attend the
executive session, provided it was an excused absence and the recording is discretely heard
only within the borough administration office.
Rev.2015-0 8-25
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Documenting Discussion During Executive Session
AGENDA ITEM #2.d.
3. No portion of the record of an executive session of the borough assembly shall be open for
public inspection or subject to discovery in any administrative or judicial proceeding,except
upon a super-majority consent of the assembly or by court order.
KETCHIKAN GATEWAY BOROUGH
2.10.160 Executive sessions.
(d) Record of Executive Session:
(1) Audio Recording.A record of all assembly executive sessions shall be kept in the form of
an audio recording(hereinafter"executive session audio recording*).
(2) Executive Session Audio Recordings—Security. Executive sessions of the assembly shall
be recorded by recording equipment operated by the borough clerk,or other individual
designated by the presiding officer of the assembly if the borough clerk is excused from an
executive session by the borough assembly or is unavailable.All such recordings shall be
sealed by the person operating the equipment and promptly delivered to the borough clerk who
shall take possession of the executive session audio recording and store the same in a secure
location.The borough clerk shall keep a log of executive session audio recordings indicating the
date of the executive session;the subject or subjects discussed;the person who recorded the
executive session;and the date on which a particular recording is disposed of in accordance
with subsection(d)(5)of this section,made available under subsection(d)(3)of this section,or
made open to and available for public inspection in accordance with subsection(d)(6)of this
section.
(3) Disclosure of Executive Session Audio Recordings.The contents of an executive session
audio recording shall not be open to or available for public inspection,and shall not be disclosed
in any manner except:
a. To attorneys for the borough for the purpose of providing legal advice regarding compliance
with the provisions of this section and AS 44.62.310 at seq. (State of Alaska Open Meetings
Act);
b. Pursuant to an order of a court of competent jurisdiction in a proceeding filed to determine
such compliance;
c. Under the supervision of the borough clerk where the borough clerk maintains the custody
and control of the recording,the following are permitted to listen to an executive session audio
recording:
1. Any individual who attended the executive session;
2. The mayor,any member of the assembly,or borough manager presently in office,who was
In office at the time of the executive session but did not attend the executive session,and was
not disqualified from participating in the executive session;and
3. In the case of a subject discussed in executive session that is still pending,a mayor,
member of the assembly,or borough manager who took office after the executive session was
held,and who would not have been disqualified from participating in the executive session due
to a conflict of interest under Chapter 2.20 KGBC;
d. In accordance with subsection(d)(6)of this section.
(4) Officials to Be Advised of Review of Executive Session Audio Recording.The mayor,
members of the assembly, borough manager, and borough attorney shall be promptly advised
Rev.2015-08-25
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Documenting Discussion During Executive Session
AGENDA ITEM #2.d.
by the borough dark in the event any executive session audio recording is to be made available
for review as herein provided.
(5) Disposal of Executive Session Audio Recordings. Executive session audio recordings shall
be retained in accordance with the assembly-adopted record retention schedule.At the end of
the prescribed retention period the borough clerk shall destroy the executive session audio
recording.
(6) Executive Session Audio Recordings Available to Public. Executive session audio
recordings shall be available for public access according to the following schedule:
a. If the executive session concerns pending litigation,the release date shall be when all
causes of action have been resolved by final judgment or when further claims arising from the
matter are otherwise barred;
b. If the executive session concerns labor negotiations,the release date shall be six(6)
months following expiration of the labor contract that was the subject of the executive session,
or six(6)months following approval of a successor agreement,whichever is later,
c. If the session concerns matters that,if immediately disclosed,would adversely affect the
finances of the municipality,the release date shall be a date set by the assembly at the
conclusion of the executive session;and
d. If the session concerns matters which tend to defame or injure the reputation of persons the
assembly may set a release date or may provide that no release shall occur unless the
assembly votes to release the recording after providing notice and an opportunity to object to
the person who was the subject of the executive session.The assembly may authorize the
release over any objections.
The assembly may extend the time periods set forth in subsections(d)(6)(a)through(c)of this
section through adoption of a motion identifying good cause; provided further,that,after
consultation with the borough attorney,the assembly may„ by majority vote, authorize the public
release of an executive session recording at a time earlier than the time prescribed in
subsections(d)(6)(a)through(c)of this section.
(e) Disclosure of Discussions.The contents of a discussion occurring during an executive
session shall not be disclosed in any manner at any time by a member of the assembly or the
staff,except to the borough attorney for the sole purpose of providing legal advice, pursuant to
an order of a court of competent jurisdiction in a proceeding filed to determine compliance with
AS 44.62.310 et seq. (State of Alaska Open Meetings Act), or pursuant to subsection(d)(6)of
this section.This provision does not prohibit the disclosure of information or release of
confidential documents considered during an executive session when such disclosure is made
by the borough manager or designee in the normal course of conducting borough business.The
borough manager or designee retains the authority to determine whether to release otherwise
confidential documents or information when,and to the extent,the borough manager deems it
appropriate in furtherance of borough business
Note: They audio record executive sessions, and the attorney, manager, and 1 attend all except
for each other's evaluations. There are provisions for release of the recordings. If direction is
provided to the attorney during the session, the attorney retains that information. If direction is
provided after coming out of executive session, it becomes part of the public record. if
confidential information is provided for the executive session, Clerk retains the documents in a
Rev.2015-08-25
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Documenting Discussion During Executive Session
AGENDA ITEM #2.d
.sealed envelope in the same location as the recordings for the session. Their retention period is
5 years on the recordings. The written materials maybe kept longer depending on whether they
involve a contract with a longer retention period.
PETERSBURG BOROUGH
Petersburg does not tape executive sessions. The clerk takes necessary notes(minimal)and
keeps them in a sealed envelope(with writing or a sticker over the seal so you can see if the
envelope has been opened)for one year, then the envelope and notes are shredded.
CITY OF WASILLA
Council directs limited action to the attorney or mayor(also our manager). Clerk does not take
notes but do attend. They do not tape
CITY OF VALDEZ
The City of Valdez does not tape executive sessions. They provide a statement prior to the
motion to go into executive session which provides the public with the topic and the statute
language which authorizes the discussion in executive session. When council comes out of
executive session the Mayor usually makes a statement such as"the city council conducted the
evaluation of the City Clerk and request that her contract be placed on the next agenda for
renewal"or`the council received and accepted an update on litigation strategy provided by the
City Attorney regarding vs. City of Valdez Of course any settlement agreement
would require the council to come out of executive session and do this in open session by
motion and vote.
CITY OF ADAK
Generally, do not record Executive Sessions. if it is a personnel matter, the employee has the
right to have the session recorded by the clerk. Events that Transpire in executive session are
not transcribed to minutes, even if recorded A notation of motion to enter into executive session
by the council and the time executive session begins are entered in the minutes, as well as, the
time council returns to regular session, with the Mayor or Vice Mayor stating:No action was
taken during executive session."The Clerk and the Manager attend at invitation of the Council
only.
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AGENDA ITEM #2.e.
Kodiak Fisheries Work Group (KFWG)
City of Kodiak and Kodiak Island Borough
August 5,2015
Meeting Summary
Notes:
1.The written note provided by the Clerk at the beginning of each KFWG Agenda
informs the public that the work group is an"informal meeting of representatives of
the City of Kodiak and the Kodiak Island Borough to discuss issues with its Fisheries
Analyst.Items that require formal action are placed on a regular City Council and/or
Borough Assembly meeting agenda."
2.The following summary of the meeting is provided by the Fisheries Analyst to
help inform the public about the main issues discussed,and is not intended to
constitute formal minutes of the meeting,or to include every statement made.
Present were Co-chairs John Whiddon and Chris Lynch,and FWG members Pat
Branson,Terry Haines,Rebecca Skinner and Larry LeDoux.Co-chair Lynch chaired
the meeting.Also present were City staff,and Fishery Analyst Heather McCarty.
Public comment:
Scott Smiley:EPA is promulgating new rules for discharge from all processors,and
contacted him to talk about the new rules.
Julie Bonney:thanked the City and Borough for the help and support on obtaining
the Council/NMFS emergency action on Chinook bycatch.She said it was a real team
effort,and congratulations are due to all of the participants in the community.
Bonney also referred to the EIS scoping process,and suggested the community
should comment at the 30,000-foot level,since they are the trawl-dependent
community in the Gulf.She suggested that the comments include the ten goals
adopted by the community bodies,and the agreed-upon need for cooperative
management.
Steven Taufen:will be looking carefully at the economic study.He pointed out the
need to get good information on the processors'share of the profits from the sale of
seafood.
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Danielle :provided an update on the project she is involved in on the graying
of the Fleet.They are doing data entry,and have done 67 interviews with fishermen
from Kodiak,Ouzinki and Old Harbor.She also reminded the group of the
community Salmon Celebration coming up.
Representative Stutes'report:
Rep.Stutes Provide a written report in the meeting packet that gave information
she obtained from the Department of Fish and Game in reference to the Chinook
bycatch closure,the emergency action,and the salmon treaty negotiations between
the United States and Canada.
Fishery Analyst's report:
McCarty reported that the Chinook bycatch emergency action final rule would be
published either August 7,or the following Monday.(Note:the rule was published
August 7.)
Also,the Board of Fisheries(BOF) Pollock Workgroup has published its final report,
which was handed to the FWG members.The report is a summary of the work done
and comments made by Workgroup members,and does not provide specific
recommendations for action to the BOF.The BOF is extending its call for 2015-16
state water poIlock proposals until September 4,2015. Any responsive proposals
will be considered at the BOF meeting March 0-12,2016,in Anchorage.The regular
2015-16 proposal book is now available,and consideration of proposals therein will
begin in October 2015.
The update on the suite of Council observer issues will be presented at a subsequent
meeting when there is more time available,as will the report on the MSA
reauthorization from Kodiak DC representative Brad Gilman.
ADF&G report:
A representative from the ADF&G reported that the Department can make reports
any time upon request,given a notification ahead of time.Afternoons are best.
He said sockeye were slow in June,but picked up in July,the return has not yet met
the forecast.Pinks returns are higher than forecast Escapements and timing of
salmon returns were unusual this year around the state,and in Kodiak.All major
systems are currently about in the middle of escapement goals.Pasagshak didn't
perform well this year.
Haines asked whether ADF&G tracks water temperature-and is it lower or higher
than average.They do not track water temperature.
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AGENDA ITEM #2.e.
Whiddon asked about the size of salmon returning and the ADF&G representative
said they were about half a pound smaller than average.
GOA Gulf Trawl Bycatch Management actions:
EIS Notification:
McCarty explained that NMFS has notified'the public that they are beginning the
process of scoping for an Environmental Impact Statement on the GTBM action,as
the Council agreed last year that an EIS was warranted.Since that agreement was
made,the Council action has been stalled by several months to allow review by the
new State of Alaska administration.Consequently,the EIS process is beginning
ahead of any final action by the Council on this issue,and the scoping will take place
on the existing Council motion and its alternatives,which might by changed or
modified by subsequent Council action. Although the NMFS Notice of Intent in the
Federal Register describes the alternatives identified by the Council thus far,the
Council is not limited to these alternatives as it continues to develop the program.
This process of program development will begin again after an eight-month hiatus
at the October Council meeting,but the EIS comments are due by August 28.
McCarty recommended the community submit comments.The comments could
include,as suggested in public comment,the ten community goals for a fishery
management program,and the agreement reached thus far that a cooperative
management program is a useful tool to manage bycatch.LeDoux said that the
comments should include the caveat that the ultimate Council action may or may
not be the current motion.
Haines said that if there are catch shares in the new program,that the community
wants community protections included.Skinner said that the community does not
want fisheries to be shut down,as the city has already experienced the negative
effects of fishery closures as a result of a lack of bycatch management tools.
Haines said that the comment letter could make strong statements about
cooperative management
Whiddon said that the Fishery Analyst could draft a comment letter,to be discussed
and approved at another FWG meeting in August,for recommendation to the City
and Borough.The City Clerk reaffirmed that the Co-chairs can work outside the
meetings of the FWG with the Fishery Analyst
Community Forum planning;
The FWG discussed the invitation to the public to participate in the community
forum on September 9,and agreed on the wording.The group agreed that the
purpose of this forum is to discuss all aspects of granting control of Fishing rights to
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AGENDA ITEM #2.e.
individuals and/or entities.(The final wording was approved by the Co-chairs later
and the invitation was made public.)The applicants must respond by August 28.
Lynch said that at the last forum all applicants were accepted,and Whiddon said
that since this time we want to drill down on specific issues,we might want to
choose participants with that in mind.Branson said it would be great to have the
State's position on GTBM before the forum,and McCarty said she would again ask if
that was possible,but felt it was not'likely.It was agreed to add to the invitation that '
if the State does make public their position it would be added to the forum agenda.
Skinner said that since one has to bring something to a cooperative,it almost
presupposes ownership.
LeDoux said that the forum material should not infer that the community forum
point of view is the community point of view.He said the forum has to reach out to
the community to educate.
LeDoux and Branson said that another forum might be held after the economic
information is available,to help educate the public as to what the community
position might need to be.
The group discussed who should make the decision on the forum participants from
the pool of volunteers.It was suggested the Co-chairs make that decision.Skinner
said that the FWG is a subset of the City and Borough,and she did not like a subset
of the FWG(the Co-chairs)making that decision.However,because of timing she is
okay with them making the choice.
The group also discussed the draft agenda for the forum.McCarty suggested two
neutral,expert presenters(Dr.Mark Fina and Joshua Stoll)on the basics of catch
share programs at the beginning of the agenda,to help provide information on the
terms and central issues.The FWG had differing views on whether this was
acceptable,with some believing it would provide a helpful framework for the
discussion,and others believing that it was not a good plan.Some said the two
presenters might set up opposing points of view at the outset.Others said it might
be difficult for the public to understand technical experts,and it would not help in
educating the public.
It was ultimately agreed that the two experts would be invited to present at a
separate event the night before the forum(the evening of September 8),and would
be asked to be available at the forum the following day(September 9) to answer
questions.
FWG members also discussed the desired outcome of the forum.
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EDF presentation:
Shems jud and Karly Mcllwain from the Environmental Defense Fund office in
Portland were invited to present on Fisheries management.The following is a
summary of their presentation and discussion.
We have experience in the fisheries management arena,rationalization programs,
anti fisheries science.We see that you as a community are hopingto arrive at a
sweet spot.
EDF has a Fisheries Solutions Center that works to improve fishing performance and
reduce overfishing.We also look at how community solutions work-through coops
in communities and other frameworks.
We have a fishery tool kit,which includes guides on how to design a catch share
program-one on cooperative management,and one on science in data-limited
fisheries.We are trying not to be advocates,but providing information on how to
look at creating management systems.
There are seven attributes for sustainability(SEASALT):Secure,exclusive(want
new entrants,not open access and overcapacity;All sources of mortality;Scaled;
Accountable-stay in catch limit;Limited by catch limit;Transferable(may or may
not want to have).
Reducing bycatch is a growing trend.Regulatory and market forces tend to increase
discards.
EDF on GTBM:
Action alternatives on the table would do a strong job to reduce bycatch.Harvesters
need the tools.Key sticking point-how to give the fleet the right tools while
avoiding the community adverse effects.Can we create a system that is better than
the baseline?
What would you like the fishery to look like in five or 10 years?You want to get
target fish out of the water,as it is not good for the community to not harvest them.
We need to determine when,where and how the harvest takes place,and how a
management program best aligns all the participants.
West Coast Gr_oundfish Trawl Fishery has 90 species,177 permits.Overfished
species of rockfish,and management imposed draconian measures that resulted in a
disaster declaration.There was also overcapacity.A Federal buyout in 2003 reduced
the fleet by half.Impacts were not the same in all communities.Some have only one
or two trawlers left IFQ and whiting coop programs went into place in 2007.
Conservation outcomes were good,and full retention was required.Overfished
species rebuilt quickly.Economic outcomes are not what we want to see yet
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Increased program costs have not been met by increased harvest Coop system
would help with the overfished species problem.
Community protection: 10%of quota set aside.Passed through to harvesters so far
but could be used if participants or communities see negative unforeseen
consequences.The Nature Conservancy has given quota to communities with fewer
trawlers,and it is available through quota banks.
Cape Cod Fisheries Trust Fishermen did not receive initial allocation,but used
private loans to acquire quota,and to anchor quota in the community.The group
requires residency,skipper onboard,local crew,show of need,monthly meetings,
bycatch rules.They have a Board of community people and fishermen.A lease is for
a year,but each fisherman can engage for up to seven years.Working on materials
to help other communities.
Denmark.Has a Fish Fund,with annual quota for new entrants and small vessels.
Fish pools help deal with those who go over the bycatch quota.New entrants can be
part of the pool without initial allocations.Big vessels cannot purchase from small.
EU discard rules are tough.
Haines asked:have you ever considered funding a quota bank?Have you ever
looked at a program for bycatch quota?
Jud:we have funded groups who want to do community quota banks.
Mcllwain:Very little has been done with IBQ systems.Hypothetically,if there is only
allocation of bycatch species,then there might be a race for target species(before
bycatch species run out). Bluefin tuna fishery is trying it but it has only been in place
two or three months.
Economic study:
The FWG members were given the three proposals received in response to the RFP,
and asked to fill out the rating sheets and get to City Clerk by August 17.FWG is
meeting on August 26 to make a decision on a recommendation.
FWG Process:
The City Clerk went over the process for FWG.When the Fisheries Analyst has
information between meetings,it is sent to the Clerk,and she sends to the FWG.
FWG:agreed that the summary from the analyst will be used in place of the staff
bullets.And also that the analyst quarterly reports are replaced by monthly reports.
Public comments:
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Natasha:we need the economic impact study before developing a community
position on action.Send invitation to the community forum to all the villages,and
make sure they receive it We need the definition and examples of what a
cooperative management system is,along with the invitation.
Can give references in the invitation as to what cooperative management is-and
provide textbook definition.
Taufen:Will catch shares abridge our freedoms?Found to be legally done on the
West Coast The question is who owns these fisheries.Cannot privatize the public
resource.Need a cap and balance system.Force reductions and punish those vessels
that refuse.
Bonney:You don't have a community position at this point-we need more
information.We will have alternatives.Figure out what the community wants to
move forward and continue to educate the public.EIS process will have multiple
alternatives.Goal is to get program that works for all of us.
Observer issues will be before the Council Observer Committee on Sept. 17 and 16.
Branson:need to clarify the wording in the invitation.
The FWG proposal ratings are due by August 17.
The meeting on August 26 will also review the draft EIS comment letter.
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AGENDA ITEM #2.e.
Kodiak Fisheries Work Group (KFWG)
City of Kodiak and Kodiak Island Borough
August 26, 2015
Meeting Summary
Notes:
1.The written note provided by the Clerk at the beginning of each KFWG Agenda
informs the public that the work group is an"informal meeting of representatives of
the City of Kodiak and the Kodiak Island Borough to discuss issues with its Fisheries
Analyst.Items that require formal action are placed on a regular City Council and/or
Borough Assembly meeting agenda."
2.The following summary of the meeting is provided by the Fisheries Analyst to
help inform the public about the main issues discussed,and is not intended to
constitute formal minutes of the meeting,or to include every statement made.
Present were Co-chairs John Whiddon and Chris Lynch,and FWG members Pat
Branson,Rebecca Skinner and Larry LeDoux.Co-chair Whiddon chaired the
meeting.Also present were City staff,Borough Manager Bud Cassidy,and Fishery
Analyst Heather McCarty.
Public comment:
Steve Taufen:
He provided information about past practices re rationalization programs,
Congressional action regarding fishery management programs,and MSA
requirements.He indicated he believed that the North Pacific Council did not follow
MSA requirements.
Linda Kozak:
She disagreed with Mr.Taufen's remarks.She said she likes the draft comment letter
on the Gulf Trawl Bycatch Management(GTBM) EIS,and hopes the City/Borough
eventually becomes more vocally supportive of cooperative management.She said it
is frustrating that the process on GTBM has taken so long.She would like a more
firm position from the City and Borough,after the community forum,for getting
something done.
Bob Krueger:
1
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AGENDA ITEM #2.e.
He is a trawler and the ED of the Alaska Whitefish Trawlers Association. He said we
have been working on this issue for a long while,and it has been going back and
forth based on politics.
He said he recognized that one of the stakeholders in this issue is the community of
Kodiak.He said we need a new management program.He said the draft EIS letter
hits accurately on three important components.He said his group has advocated for
regional delivery requirements,addressing consolidation concerns through caps on
vessels and ownership,and severability of part of quota.He said the October
meeting is critically important.He also thanked the group for advocating for more
Chinook for the fishery.We are going to see this again and again,he said."Good
work you are doing."
Jeff Stephan:
He said he was originally reticent for the City and Borough to get involved in the
details of the rationalization program.Most literature will show that you can't
advance the interests of one gear group without doing harm to another gear group.
This is a trawl sector action,he said.The pot fleet has asked for involvement in the
program,he said.
Julie Bonney:
She said a good job was done drafting the EIS letter.She said it was not clear
whether the group is asking for the two current alternatives(numbers 2 and 3)to
be analyzed,and suggested taking it the next step to say that you want those
alternatives analyzed.
RFP for Economic Analysis:
The group discussed that it was important to know how much money is available for
the project At this point it is$15,000 from the Borough,and up to$45,000 from the
City,according to staff and members.
Branson suggested that the CA] proposal be taken out of consideration-and that we
focus on the two top proposals.Bud indicated that the Borough could negotiate with
the top two.
Lynch indicated that the Northern Economics proposal was very detailed and
McDowell was more simple.She said perhaps we could get more of a middle ground.
Branson said perhaps we could interview the two top proposers.
Whiddon asked whether a delay to get proposers'additional information and
interviews would have any effect re the timing of the action at the Council.
z
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McCarty said it appears currently that the timing is such that the State will propose
their suggestions at the October meeting,not before,so any analysis and then
comments re their potential alternatives may not be discussed again until February
2016.
Rebecca said that the only amount that is safe to assume from the Borough is
$15,000-and any larger amount would have to go before the Assembly again.
She said the proposers were not clear enough in separating the Phase 1 from Phase
2,and she would like that to be made more clear.Re Phase 2-the Borough has not
discussed spending up to$200,000 on a predictive model.There is no implication
that the next phase could or would be done.
Whiddon said that he thought some Assembly members were not clear on the goals
and purpose of the study.
Branson said that the Assembly could potentially determine to spend more funds on
the project.
The analyst said it was made clear in all previous discussions at the FWG that the
expectation was only to get the baseline economic data and economic dependency
(Phase 1),not at this point to be able to pay for development of a predictive model
(Phase 2).However,the RFP asked for an estimate of how much such a model might
require,for the information of decision makers.
LeDoux said he wants to get to a point where there is meaning in what we are doing.
Some are asking the City and Borough to take a position and some are saying we
should not.We are looking at the forum and the presentations to help clarify the
discussion. How do we go to Phase 2,to inform ourselves as to what is happening?
After more discussion about the proposals,the group agreed to interview the top
two firms,and to have a discussion at the next FWG meeting as to what questions
should be asked of the proposers when they are interviewed.Also,before the next
meeting,the staff is to ask for clarification on several points that the FWG has
already identified.
Skinner asked that McDowell refer to the 2000 and 2001 Kodiak economic studies
done by McDoweIl.
LeDoux said he wanted to get more information as to how to proceed to Phase 2,
because the two phases are linked.
The group agreed that the staff should ask for the proposers to address the LeDoux
issue,and clarify the line between Phase 1 and 2 in each proposal,as well as the
costs associated with each task in Phase 1.
3
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EIS comment letter
The FWG approved the draft letter for recommendation to the City and Borough,
with the addition of a sentence clarifying the support for the two existing
alternatives to remain for further analysis.
Access to pertinent information on fishery issues
LeDoux asked that advocacy groups provide written statements of their positions,
for the information and use of the FWG,City and Borough members who might not
be familiar with all fishery issues.
McCarty said that staff could provide on a regular basis the written statements that
the advocacy groups provide to the Council prior to the Council meetings on issues
of interest to the community.
Lynch said that written information provided over the last several years is available
on the municipal webpage for the FWG.
LeDoux said that with reference to what has happened in the past,his position will
be based on what information he has at the time.
Skinner said that the Council website is not the easiest website to navigate.Maybe
copies of the links or the documents from the Council website could be posted on
the Borough website.Also,we could have a summary document to say where things
are,for new people on the FWG.
McCarty said staff would put the links on the community website to specific Council
or other documents.As they become available,they would be posted there.Also,as
new people come to the group,it is a good idea to summarize the status of major
issues.
Community forum
McCarty summarized the process to be used at the Sept.8 and 9 community events.
Rep.Stutes asked whether the group would like to have Jonathan Kreiss-Tomkins as
part of the events. He has a draft bill in on a community permit bank concept.He will
be contacted.
LeDoux said regarding the draft list of forum discussion issues,that the issues could
be consolidated. He also said don't forget the processing workers--how can they be
incorporated into the forum?
4
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AGENDA ITEM #2.e.
LeDoux said he doesn't want outside participants to dominate the discussion.He
said he thought the purpose of the forum was to educate and to get information and
opinions from local people.
Re local cannery workers,the group agreed it would be important to have a member
of that sector on the panel,or an advocate.
McCarty said that the intent of the long period for public comment'at the forum is to
allow for some feedback to public comment,and/or summary from the panelists.
Skinner said she does not want to see a panel of people who are primarily not
residents of Kodiak.She wants to be clear on what we are trying to get out of the
panel while we structure the panel.
Whiddon said he had the same concerns.Only one applicant so far is clearly not
involved in the community fisheries.
Next meeting of the FWG:
The next meeting of the FWG will be 8:30 to 10:30 am September 10.
Public comment:
Steve Taufen:
He said that processors refused to provide economic data as part of the crab
management program.Taufen said you should ask for anything you could get.
Jeff Stephan:
Regarding the EIS letter,he said,harvesters include more than trawlers.He said you
are working with the trawlers and the processors,but this will have impacts on the
pot sector.He said the welfare of other groups has not been considered very much,
and the other directed fisheries are going to be impacted.
Linda Kozak:
She said that the Council has no intention to bog the GTBM action down by adding
the pot fishery.She said she and her clients(pot and fixed gear harvesters) have the
idea of mandatory moving of cod harvest from trawl to pot gear.She agrees with Jeff
Stephan 110%.These ideas will be coming up as the Council progresses.These are
some additional ways to enhance the economics of the community.
Julie Bonney:
S
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AGENDA ITEM #2.e.
She said they want to allow cod to be taken in a larger percentage in the flatfish
fisheries.She said we could add a provision in support of moving cod across gear
types,and sideboards to protect the other gear types.
She said regarding the Forum discussion issues,that#1 and#2 could be combined.
Issue#8 is too big.She said she wants to discuss the community signoff option.
Julie Matweyou: '
She wants to follow up with KFAC.She said thanks for all the work you are doing.
She asked if the community wanted her to help facilitate KFAC,as she has not heard
back from her offer to do so.
Paddy O'Donnell:
He said he is a trawler.Regarding the economic study,and severance tax,he said the
study should look back 25 years to see the changes in fish species harvested.He said
some people are looking at this program as a halibut reduction program.He said we
need to get bycatch reduction program in place and then try to reduce halibut caps.
FWG comment
Branson asked for a summary of the Aleutians East Borough(AEB)study on the
potential socio-economic effects of the GTBM. McCarty gave a short summary and
recommended it for the FWG to read.
LeDoux said he wants a broader look at what is going on,and feels less confident as
time goes on.He said he wished there was a comprehensive statement that one
could read and get a bigger picture.
Skinner asked that we invite McCarty to present to a Borough meeting on the
economic analysis.She said the AEB study has characterizations that
mischaracterize the Kodiak fleet.She said when we do the economic analysis,we
need more info on what a resident fishermen is.She said we don't want to get into a
report war with AEB.We have an opportunity to talk about Kodiak in our analysis.
Whiddon said we need to know what our role is in the process.Some want us to be
involved and some don't.We have three sectors,all of which have a stake in the
outcome of the current action.
McCarty said that the FWG responds mainly to two things—the Council and the
Kodiak public.Going forward,we might want to think about a process that gives the
FWG more of a chance to respond proactively to public comments.
6
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KODIAK ISLAND BOROUGH
WORK SESSION
Work Session of: 50,4 2qr zy/S
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