2015-12-01 Work Session Kodiak Island Borough
Assembly Work Session
Tuesday, December 1 , 2015, 7:30 p.m.
Borough 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 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
4 - 14 a. Borough Attorney's Discussion With Assembly Regarding
Documentation of Executive Sessions
Documenting Executive Session v1
ocumentinq Executive Session v2
ocumentinq Executive Session Directions Research
15 - 19 b. Presentation of Staffs Progress on the KIB Strategic Plan
��q 2015-12-01-Strategic Action Plan
20 - 21 C. Changing the Time for Work Sessions and Meetings
AFT Meetinq Time Change Ordinance
22 - 57 d. Fisheries Analyst Reports for September and October 2015
Fisheries Analyst Reports - September and October 2015
3. PACKET REVIEW
UNFINISHED BUSINESS
Contract No. FY2016-17 Economic Analysis Consulting Services.
CONTRACTS
Contract No. FY2016-26 Diesel 4 Cylinder Turbo Skid Steer Loader
Procurement.
Contract No. FY2016-27 Hydraulic Excavator Procurement.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2016-07 Amending Kodiak Island Borough Code
Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks,
and Related Chapters in Title 17 Zoning to Revise and Update the
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Standards for Recreational Vehicle Parks in the Borough and to
Specifically List Recreational Vehicle Parks as a Conditional or
Prohibited Land Use
Ordinance No. FY2016-09 Amending Kodiak Island Borough Code Title
Revenue and Finance, Chapter 3.40 Personal Property Tax, Section
3.40.060 Penalties and Interest.
OTHER ITEMS
Confirmation of the Annual Mayoral Appointments to the Various
Boards, Committees, and Commissions.
Declaring a Seat Vacant on the Planning and Zoning Commission
(Kathy Drabek).
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
6. MAYOR'S COMMENTS
7. ASSEMBLY MEMBERS COMMENTS
8. FUTURE DISCUSSION ITEMS
KIBSD Budget Budget Deadlines
Budget meetings with the City/School 1 st Budget Review(12115115)
District Manager's Budget(04130116)
Renewal and Replacement Projects KIBSD Budget(04130116)
Funding Introduce Budget(0510512016)
SD Mental Health Services Provided by Budget Public Hearing (0511912016)
the Counseling Center Assembly Approval(by 06110116)
School District Rental Rates
In-kind Documents
Borough Budget
Non Profit Funding Budget Discussion Contracts Upcoming
Town Hall Meeting to Discuss Priorities Fisheries Analyst(021612016)
Manager(0613012016)
Hospital(04 12017)
Solid Waste (0412017)
Borough Administration Oversight
Contracting and Procurement Fisheries
Process/Procurement Process KFAC Initiate Meeting
Presentation KFWG Structure and Purpose
Review of the Salary Schedule and Review Fisheries Analyst Contract
Overview of the Hiring Process
KIB Vacant Positions
Action Plans
Traffic Along Mill Bay Road by Coon
Baseball Field
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Contract with Waste Management/KUBS
Presentation
Hospital Lease
Consolidation
Assembly Operations Consolidation of Fire Departments
Teleconferencing Ordinance Review
Changing Meeting Time Ordinance
Role of Elected Officials During an
Incident Command System
Boards, Committees, and Commission
Structures/efficacy
Village Presentations at Regular Meetings
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AGENDA ITEM #2.a.
1
2 Introduced by: Assembly Members
elirs ll0111"'t "1 Rohrer and Skinner
3 � een'tllle sefwlwlllllf"t Requested by: Assembly Members
4 Rohrer and Skinner
urliftein Suirnirneurlii :e
5 Drafted by: Borough Clerk
6 Introduced: XX/XX/XXXX
Public Hearing:
7 Adopted:
8
9 KODIAK ISLAND BOROUGH
10 ORDINANCE NO. FY20OX-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 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. FY20OX-XX
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Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
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 acquisition or disposal.
52
53 2 I"he boirough &leirk or des�iginee st4Hl take execuflve sessiiioin widttein
54 SUIMIMaides of the &scuss�ioin and IaM ay iiilnclWde &irecfloin gi�vein to staff aind/oir
55 boirough attoinney on any matter wtflch iiis reqWired to be kept coinl5deinfl4l Iby
56 boirough oir&inaince, state Illaw, or federalll Illaw duirkng the execuflve sessiiioin
57 a I"he SUIMIM&Hes takein Iby the boirough clerk or des�iginee wliilHl be sea�lied
58 by the &�eirk and plllaced like a secured area
59 b Under the supeirviiisiioin of the boirough &�eirk or des�iginee, the F61ow�kng
60 are peirlfffltted to ireviiiew the SUIMIMaides wlItflin the boirough
61 adlffflini�stirafloin ofl5ce:�
62 ii Any liilndiiiviiA ualll who attended the execuflve sessiiioin.
63 ii iii Mayor, any IaM eIrInbeir of the asselrnlWy, or boirough manager
64 pireseinfly iiiln ofl5ce, who was iiiln oflHce at the dIrIne of the execuflve
65 sess�loin but &d not attend the execuflve sess�loin and was not
66 &squalH15ed firoln'l pairfl6pafling iiiln execuflve sessiiioin
67 iii ii ii Mayor, IaM eIrInbeir of the asselrnlWy, or boirough manager who took
68 ofl5ce after the execuflve sessiiioin was h&W and who woWd not
69 have beein diiisqualH15ed firOln'l pairfidipafling iiiln the execuflve
70 sess�ioin due to a coinfHict of knteirest peir boirough code
71 3 I"he mayor, IaM eIrInbeirs of the asselrnlWy, boirough Mainageir, and borough
72 attoinney st4Hl be pirolrinlpfly adviiised Iby the boirough &leirk like the event any
73 execuflve sess�loin widttein summary iIIs to be made ava'IH4We for irevillew as
74 heir6in piroviWed
75 4 Execuflve sess�loin widtteln SUIMIMaides shdH� be retaikned illln accordance wiIh
76 the asselrinlWy-adopted record reteinfloin schedWe At the end of the
77 pirescidbed reteinfloin peiHod the boirough &�eirk st4Hl destroy the execuflve
78 sess�loin SUIMIMaides
79 5 Execuflve sessiiioin widtteln SUIMIMaides shdHl be avaiH4We for puUHic access
80 accoir&ing to the F61ow�kng schedWe��
81 a If the execuflve sessiiioin coinceirins pein&ing Hiflgafloin, the r6ease date
82 st4Hl be when alHl causes of acdoin have beein res6lved Iby fknalllJudglrineint
83 or when further 64ilrins aiHsikng firoln'l the matter are other wiiise barred';
84 b If the execuflve sessiiioin coinceirins Illrmlbor negodafloins, the r6ease date
85 st4Hl be sii r IuMmOInthS F61ow�kng expliiirafloin of the Illrmlboir contract that was
86 the subject of the execuflve sess�ioin, or sii r IuMmOInthS F61ow�kng approval
87 of a s uccess'f ulll agireelMeint, wtflcheveir iiis lateq
88 c If the sessiiioin coinceirinS matters that, iiif 4T11r1ne&at6y &s&Iosed, woWd
89 adveirs6y affect the 15inainces of the boirough, the Ir6lease date st4Hl be a
90 date set Iby the asselrnlWy at the coin&Wsiiioin of the execuflve sessiiioin';
91 and
92 d.. IPf the sessiiioin coinceirinS matters wtflch tend to defaIrIne or iiilnj uire the
93 reputafloin of peirsoins, the asselrn�Wy May set a ir&Iease date or May
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 2 of 3
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Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
94 pirovlWe that no r6ease st41l occur urfless the asselrnlWy votes to
95 r6ease the recoir&ing after I pirovlii&ing Ino flce and an oppoirturflty to
96 object to the I peirsoin who was the subject of the execuflve sesslbin. "Phe
97 asselrnlWy IMay authoirl4e the r6ease over any objecdoins
98 "Phe asselrnlWy IMay exteind the fllrne I peidods set forth kiln the schedWe
99 through adopfloin of a rn0floin Aeinflfyliiing good cause I pirovlWed further,
100 that, after coinsWtafloin wl1h the Iboirow ugh attoinney, the asselrnlWy IMay, Iby
101 rnajoirl1y vote, authoirl4e the I puUl c r6ease of an execuflve sesslbin
102 SUIrnlrnairy at a flIrne eaidlbir than the fllrne I pirescirlbed kiln the schedWe
103 6 No I poirfloin of the widttein SUIrnlrnairlbs of an execuflve sesslbin of the Iboro ugh
104 asselrnlWy st41l Ibe opein for I pUW c liiinsl ecfloin or subject for&scoveiry liiin any
105 adlrrflinliistiraflve oirju&&4l I piroceedliiing, except upoin a two-ttflirds vote of the
106 asselrnlWy or Iby court order.
107 7. Ms&bsuire of&scuss�bins Phe cointeints of&scusslbin occuirirllling duiding an
108 execuflve sesslbin st41l not Ibe &s&bsed liiin any IMainlner at any fllrne Iby a
109 rnelrnbeir of the asselrnlWy or the staff, except to the Iboro ugh attoinney for the
110 s&b I purpose of I pirovlii&ing Illegalll advliice, I puirsuaint to an order of a court of
1 1 1 COIrTllpeteiint,luirliisdliictli iin kiln a I pirocee&ing 15lbd to deteinn'fline Mrnplll4nce wl1h AS
112 44 62 310 et Seq (State of AIaska Opein Meeflings Act), or I puirsuaint to
113 subsecfloiri IIE5 of ttfls secdoin
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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Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
1
2 Introduced by: Assembly Members
ellrs"w loin 2 Rohrer and Skinner
3 � ec 'tllle sefwlwIllCllf"t Requested by: Assembly Members
4 HffIIIC III° eCftlll' IIIIII"'t Rohrer and Skinner
5 g Drafted by: Borough Clerk
6 Introduced: XX/XX/XXXX
Public Hearing:
7 Adopted:
8
9 KODIAK ISLAND BOROUGH
10 ORDINANCE NO. FY20OX-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 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. FY20OX-XX
Page 1 of 3
Page 7 of 57
Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
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 acquisition or disposal.
52
53 2 Audio recoir&ings st4Hl be made of alHl execuflve sessiiioins h6d Iby the
54 boirough asselrnlWy.
55 a Recoir&ings of those sessiiioins wlHHl be sea�lied Iby the &leirk and plllaced like a
56 secure area to be ret6kned accoir&ing to the borough's records reteinfloin
57 schedWe
58 b Under the supeirviiisiioin of the boirough &�eirk or des�iginee, the F&Iow�kng
59 are peirlfffltted to &sciret&ly ireviiiew the au&o recoir&ings wlItflin the
60 boirough adlfffllni�stirafloin ofl5ce:�
61 ii Any liilndiiiviiA ual who attended the execuflve sessiiioin
62 ii iii Mayor, any IWr eIrInbeir of the asselrnlWy, or boirough manager
63 pireseinfly iiiln ofl5ce, who was iiiln oflHce at the dIrIne of the execuflve
64 sess�loin but &d not attend the execuflve sessilloin and was not
65 &squalH15ed firoln'l pairfl6pafling iiiln execuflve sessiiioin
66 iii ii ii Mayor, IWr eIrInbeir of the asselrnlWy, or boirough manager who took
67 ofl5ce after the execuflve sessiiioin was h&W and who woWd not
68 have beein diiisqualH15ed firOln'l pairfidipafling iiiln the execuflve
69 sess�ioin due to a coinfHict of knteirest peir boirough code
70 3 I"he mayor, IWr eIrInbeirs of the asselrnIWy, boirough Mainageir, and borough
71 attoinney st4Hl be pirolrinlpfly adviiised Iby the boirough &�eirk like the event any
72 audio recoir&ing iiis to be made avaiH4We for ireviiiew as heir6in piroviWed
73 4 Exec uflve sessiiioin audio recoirdikng shdHl be retaikned iiiln accordance wiIh the
74 asselrinlWy-adopted record reteinfloin schedWe At the end of the piresciHbed
75 reteinfloin peiHod the boirough &�eirk shdHl destroy the execuflve sessiiioin au&o
76 recoir&ings
77 5 Execuflve sessiiioin au&o recoirdikngs shdHl be avaiHWWe for puUHic access
78 accoir&ing to the F61ow�kng schedWe��
79 a If the execuflve sessiiioin coinceirins pein&ing Hiflgafloin, the r6ease date
80 st4Hl be when alHl causes of acdoin have beein res&lved Iby fknal Judglrineint
81 or when further 64ilrins aiHs�kng firoln'l the matter are otheirwiiise barred';
82 b Pf the execuflve sessiiioin coinceirins Il4bor negodafloins, the r6ease date
83 st4Hl be sii IMOInthS F61owikng expiiiirafloin of the IIWbor contract that was
84 the subject of the execuflve sess�ioin, or sii IMOInthS F61owikng approval
85 of a s uccess'f ulll agireelMeint, wtflcheveir iiis lateq
86 c If the sessiiioin coinceirinS matters that, iiif 4T11r1ne&at6y &s&losed, woWd
87 adveirs6y affect the 15inainces of the boirough, the Ir6lease date st4Hl be a
88 date set Iby the asselrnlWy at the coin&Wsiiioin of the execuflve sessiiioin';
89 and
90 d If the sessiiioin coinceirinS matters wtflch tend to defaIrIne or iiilnj uire the
91 reputafloin of peirsoins, the asselrnlWy IWr ay set a ir&lease date or IWr ay
92 piroviWe that no r6ease st4Hl occur urfless the asselrnlWy votes to
93 r6ease the recoir&ing after piroviii&ing noflce and an oppoirturflty to
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 2 of 3
Page 8 of 57
Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
94 object to the I peirsoin who was the subject of the execuflve sesslbin Ph e
95 asselrnlWy IMay authoirl4e the r6ease over any objecdoins
96 "Phe asselrnlWy IMay exteind the fllrne I peirlbds set forth kiln the schedWe
97 through adopfloin of a rn0floin Aeinflfyliiing good cause I pirovlWed further,
98 that, after coinsWtafloin wl1h the Iboirow ugh attoinney, the asselrnlWy IMay, Iby
99 rnajoirl1y vote, authoirl4e the I puUl c r6ease of an execuflve sesslbin
100 au&o recoir&ing at a fllrne eaidlbir than the fllrne I pirescirlbed kiln the
101 schedWe
102 6 No I poirfloin of the audlb recoir&ing of an execuflve sesslbin of the Iboro ugh
103 asselrnlWy st41l Ibe opein for I pUW c liiinsl ecfloin or subject for&scoveiry liiin any
104 adlrrflinliistiraflve oirju&&4l I pirocee&ing, except upoin a two ttflirds vote of the
105 asselrnlWy or Iby court order.
106 7. Ms&bsuire of&scuss�bins Phe cointeints of&scusslbin occuirirllling duiding an
107 execuflve sesslbin st41l not Ibe &s&bsed liiin any IMainlner at any fllrne Iby a
108 rnelrnbeir of the asselrnlWy or the staff, except to the Iboro ugh attoinney for the
109 s&b I purpose of I pirovlii&ing Illegalll advliice, I puirsuaint to an order of a court of
110 COIrTllpeteiint,luirliisdliictli iin kiln a I pirocee&ing 15lbd to deteinn'fline Mrnplll4nce wl1h AS
111 44.62 310 et Seq (State of A aska Opein 1117ee fl ink s Act), or I puirsuaint to
112 subsecfloiri IIE5 of ttfls secdoin
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
Page 9 of 57
Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
DOCUMENTING/TAPING EXECUTIVE SESSIONS' DIRECTIONS OR DECISIONS
sseir7rnlrnlly Irn"neir7rnlbeir If ain Rohrer requested to see I ow,wr oth eir coirrrnlrrrnu.allrnlifies docu irrrneint the
d irn"ncfioirns gIlwrein du idling n"nxn"cu.aifive sn-nssuoins I Ihleire alre, n') few coirn"nlrn"nu.inufies in Akaslka that tape
fihne"it n=mxn"cu.aifive sn"nssuoins aind Irn"nost do not Another opfiiolrn to coinsli leir lien takl ling Irnn"mcn"mssairy
n�:ro�nn nl nu.allrnnlrnnn lrylr lilrnna;�li�:rolrn
by the Asseirrflblyaind those in se,,nlled n"nlrnnrn"nllqpes aind keep th eirn"n
for n) Irnu ir7rnlbeir 01"yn"nnalrs or Iloinnm eir dn"mpeind ing oin w,wrlhneth eir they lilrnwr6lve ain oing6 ing Ilufiigafiioin.
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
Page 10 of 57
Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
• 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. 2015-08-25
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Borough Attorney's Discussion With Assembly Regarding Docume...
AGENDA ITEM #2.a.
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 orjudicial 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 et 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
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by the borough clerk 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 I 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
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sealed envelope in the same location as the recordings for the session. Their retention period is
5 years on the recordings. The written materials may be 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
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AGENDA ITEM #2.c.
1
2 Introduced by: KIB Assembly
Requested by: KIB Assembly
3 Drafted by: Borough Clerk
4 Introduced:
5 Public Hearing:
6 Adopted:
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY20OX-XX
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
11 AMENDING TITLE 2 ADMINISTRATION AND FINANCE, CHAPTER 2.30
12 RULES OF THE ASSEMBLY, SECTION 2.30.030 TYPES OF MEETINGS
13
14 WHEREAS, the purpose of this ordinance is to change the commencement and the
15 adjournment time for Assembly regular meetings; and
16
17 WHEREAS, the Assembly also wishes to change the commencement and establish the time
18 for adjournment for work sessions; and
19
20 WHEREAS, the Assembly should also have the flexibility to call other meetings and work
21 sessions at it deems appropriate as long as reasonable public notice is given.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH THAT:
25
26 Section 1: This ordinance is of a general and permanent nature and shall become a part of
27 the Kodiak Island Borough Code of Ordinances; and
28
29 Section 2: Title 2 Administration;and Finance, Chapter 2.30 Rules of the Assembly, Section
30 2.30.030 Types of meetings is hereby amended as follows:
31
32 2.30.030 Types of meetings.;
33
34 A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the
35 borough administration building, Kodiak, Alaska, and are to commence at i 409 p.m. on
36 the first and third Thursdays of each month, or such other time and place as may be
37 designated in the notice of the meeting. Public notice of changed meetings shall be made in
38 at least one newspaper of general circulation in the borough. Meetings shall adjourn at
39 11.20 9 3 0 p.m. unless+the time is extended by a majority of the votes to which the
40 assembly is entitled. No meeting shall be extended beyond nwdpfght 1I E ism ,, unless
41 extended by a two-thirds vote of the assembly, except the meeting shall be extended to set
42 the time and place for resumption of the meeting.
43
44 B. Special Meetings. Special meetings may be called by the mayor, deputy presiding officer, or
45 by three members of the assembly and, except in an emergency, upon no less than 24
46 hours' effective notice to each member. Effective notice shall be written or oral. The notice
47 shall indicate time, location and the purpose of the special meeting and by whom called. The
48 calendar for a special meeting shall be as follows:
49 1. Roll call.
50 2. Citizens' comments.
51 3. Consideration of matters in the call for the special meeting.
52 4. Adjournment.
Kodiak Island Borough,Alaska Ordinance No. FY20OX-XX
Page 1 of 2
Page 20 of 57
Changing the Time for Work Sessions and Meetings
AGENDA ITEM #2.c.
53
54 Matters not included in the call for the special meeting may not be considered. Special
55 meetings shall commence and adjourn as provided in subsection A of this section unless
56 specifically amended.
57
58 C. Adjourned or Recessed Meetings. If the assembly has not concluded the agenda, the time
59 and place of the resumption of the meeting shall be announced or the items shall be carried
60 over to the following regular meeting or taken up at a special meeting called for that
61 purpose.
62
63 ID Work Sessions. The assembly may meet informally in work sessions, at the call of the
64 mayor, deputy presiding officer, or by three members of the assembly,to review forthcoming
65 programs of the borough, receive progress reports on current programs or projects or
66 receive other similar information from the manager; provided, that all discussions and
67 conclusions thereon shall be informal. Work sessions are;public and no formal action shall
68 be taken by the assembly. 111 1.ggj1 jid a;IHmed ullled work sessiIoins are tO C01MiMeiirmlAe,at&30
69 29122012119 0 I iff W�uift!,���� 1h thn e uis exteinde Ib o�u Jj��inuiiyp i��m��ir�rmlbeirs
70 of the Asserinb llltd
71
72 E tIH eir P,!1 slllIC irn,ee iim sess�Moons V the Asselrnbl i IEY Inm�lllg ��IHm�! in m��l��iuiin f� )f
73 work sess�IIoiins at such otIheir fllrne um
74 "relas, o iin al db.I[ WUl sllliu urmotiu1 ui tiii�vl iim.
75
76 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
77 THIS _DAY OF 2015
78
79
80 KODIAK ISLAND BOROUGH
81
82
83
84 Jerrol Friend, Borough Mayor
85
86 ATTEST:
87
88
89
90 Nova M. Javier;MMC, Borough Clerk
91
92
Kodiak Island Borough,Alaska Ordinance No. FY2007-16
Page 2 of 2
Page 21 of 57
Changing the Time for Work Sessions and Meetings
AGENDA ITEM #2.d.
Kodiak Fisheries Work Group (KFWG)
City of Kodiak and Kodiak Island Borough
October 21, 2015
Meeting SummarX
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 Rebecca Skinner and John Whiddon,with Skinner chairing;
FWG members Terry Haines,Larry LeDoux and Pat Branson; Borough Manager Bud
Cassidy; City staff and Fisheries Analyst Heather McCarty.
Public comment:
Alexus Kwachka:
This is all about community,and this community needs to be at the table at the
Council.Stay the course,be at the table,have your opinion,if we have a consensus,
fine,and if not,fine--just don't walk away from the table now.
Jay Stinson:
Speaking as a community member.The intent of the University is to close down
FITC,due to budget cuts and lack of effective use of the building.The facility has
been problematic for some time,and has been suffering cuts in faculty-this history
goes back a long time. From the community perspective,we have a problem to solve
and maybe an opportunity. It looks like UAF wants to get rid of the building. I
submitted written comments and as the agenda item comes up will answer
questions.
Darius Kasperzk:
Thanks to the FWG for the role they have played.I encourage them to continue with
that.
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Fisheries Analyst Reports for September and October 2015
AGENDA ITEM #2.d.
Encourage the group to put on the agenda the small vessel and community needs:
ice,cold storage and public crane.This is the third biggest port in the nation and the
second largest small boat fleet in the state next to Cordova. Fisheries are getting
tougher,and we need to have this help.Would like to see the discussion and
analysis,grant opportunities perhaps,to make the port better for the small boat
fleet.
Theresa Peterson:
Support a discussion of small boat needs: public dock space and ice are needed to
pursue niche markets. Processors are sometimes too busy.FWG is good in order to
provide a place for community members to engage. Encourage the continuance of
this role.
Peterson announced the grant received by AEB and AMCC to explore the
Community Fishing Association concept and the community sustainability plan.
They will be helped by attorney Joe Sullivan for legal and technical aspects. Looking
currently at two CFA's-one in the Central and one in the Western Gulf. Looking for
creative ways to anchor quota in communities.Would like to bring these ideas
forward to the FWG for feedback and ideas.
Natasha Hayden:
Thanks for all the work you're doing as it gives all the factions in Kodiak a chance to
come together to discuss issues,inclusive of all perspectives on a contentious issue.
Continue this group and be part of the process at the Council.
Steven Taufen:
Endorse small boat services idea; it will be up to the representatives to come to
meetings and support this idea.
Stunned at the Council meeting when analysts said they would not be doing
quantitative economic analysis,but more qualitative analysis.For$30,000 do you
want this community economic analysis that does not work for what you want it to
do?Council should not get away with an incomplete analysis.There are now four
alternatives,so we can choose. It's about the entire Gulf of Alaska not just the trawl
sector.We are all in this together.
Representative Stutes report
Written material submitted from Rep. Stutes'office was included in the packet.
2
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Fisheries Analyst Reports for September and October 2015
AGENDA ITEM #2.d.
Fisheries Analyst port
McCarty presented the report from the NPFMC October meeting,at which the
Council took action on Gulf Trawl Bycatch Management.The written report was
made available, (and is attached here and posted on the website).The Council
retained Alternatives 1,2 and 3,with some changes made to Alternative 2,and
added a new Alternative 4 proposed by the State of Alaska.The timeline for the
analysis will be presented to the Council in December,with the February meeting
being the earliest time for an initial analysis presentation to the Council.
Haines:
We need to hear how Alternative 4 will work and maybe won't work.What does the
State think it will do?
Whiddon:
We can use the time between now and February to determine how Alt.4 works for
industry and others.
LeDoux:
Perhaps we could have a community forum with Commissioner Sam Cotten to
address Alt.4,and industry to present Alt. 2,and someone to present Alt.3.
(Note:Alternative 2 is the alternative supported by the trawl industry,and
Alternative 3 contains the concept of a Community Fishing Association/s receiving
initial catch share allocation,and the concept of Adaptive Management.)
Whiddon:
Suggest that discussion may be better at this table,not in a larger forum.The public
could attend.We could have a substantive discussion at this table and then maybe
have a larger forum.
Branson:
Support having that dialogue here at this table,and follow that up with a community
forum.
Haines:
It would be good to present each alternative to the FWG and how each would work.
LeDoux:
3
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Fisheries Analyst Reports for September and October 2015
AGENDA ITEM #2.d.
It could be done in a big enough room so public can comfortably attend.Would like
to hear it presented.
Branson:
We should invite the Commissioner.We are ready for that.
Whiddon:
Regarding taking a position or not,don't know that we will,but we need to know the
implications of each element on the community,what does it mean economically
and socially.
Skinner:
Let's see when the Commissioner is available.Do we want to wait until he is
available to move forward with gathering feedback?Commissioner seemed like he
had not fleshed out the alternative and we may not get much more.
Branson:
It would be valuable any time to have the Commissioner.
LeDoux:
We have the 10 community goals,and we should evaluate the Alternatives against
them.
Economic analysis
Cassidy:
The FWG has selected the McDowell Group proposal to recommend.The Borough
Assembly has a Nov. 5 meeting,and a work session October 29.
As you know,we recognized Phase 1 was economic analysis"light,"and there is a
possibility to get SaltonstalI-Kennedy grant funding to do Phase 2,which would
include modeling. Jim Calvin (from McDowell) is helping with the proposal.
McCarty
Described the S-K opportunity,and said it was a good fit for the Phase 2 proposal.
Whiddon:
4
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Fisheries Analyst Reports for September and October 2015
AGENDA ITEM #2.d.
The City Council tabled the economic analysis approval until after the Borough acted
on that. City has earmarked money available up to$45,000.The City would like to
move forward but are waiting to see what the Borough does.
Whiddon asked whether the budgeted 15,000 is still available,and also if there is
potential for more available for a match with the City.
McCarty said that timing is important at this point re being useful for the GTBM
Council action.
Whiddon said the City could move ahead right after the Borough is clear on this
question.
Forum summary
McCarty reviewed what happened with the summary of the community forum on
GTBM.The intent was to do a summary of the issues discussed at the forum,as is
done with all FWG meetings.In an effort to reflect the main issues at the forum,the
summary evolved into a report containing many participants'comments. Because of
concerns from several participants,the summary was run by all participants for
additions and/or factual corrections,the corrections offered were made,and the
final product was posted on the website,as is done with all FW meeting summaries.
The summary was not sent to the NPFMC as part of the community comment letter
on GTBM.
LeDoux:
We have pointed out the sensitivity of taking a position or another,so we have to be
careful. But it is also important to have a seat at the table.
Skinner:
We will take extra care in how we deal with the public comments and what is being
done with them.We will be extra careful to avoid this going forward..
Whiddon:
We should come out with guidelines ahead of time so public will know how it is
being summarized and used,which may cut down on confusion.
Supporting Kodiak research community
Two items were submitted to the FWG on the FITC facility: a letter from former
University Regent Pat Jacobsen,and one from Jay Stinson,the Chair of the Advisory
Council to the FITC.
5
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Fisheries Analyst Reports for September and October 2015
AGENDA ITEM #2.d.
McCarty said she is also a member of the Advisory Council,and that the summaries
from Jacobson and Stinson were accurate.
Jacobson said the University President is coming to Kodiak Nov. 13,and she has
suggested that he visit the FITC at that time. She recognizes that the State is in tight
economic times,but it was not handled well. She thinks there are alternatives. She
would like to see the Kodiak College and the Fish Tech Center coexist,which is a bit
of a problem with the pilot plant.The current plan is just passing the cost from UAF
to UAA,so it is not really going to help the University.
Stinson agreed with Jacobsen. He said there was community support for the Fish
Tech Center at the time of the Regents meeting here.The Legislature saw the need
for research and development in the seafood industry,the largest industry in the
state. In any other country with this size of industry,they would have dedicated
applied research. FITC was created in 1981 with legislative language,and then
rolled into the School of Fisheries and Ocean Sciences (SFOS)when it was created.
There has always been a rub between basic science and applied science. Funds have
been drained off over the years,with no rehire of lost faculty. FITC is still critical to
the industry and community.Some of the large questions of the industry-bycatch
technology etc.-have to go to Europe.We should be doing that here but the
University does not want to support that. Does not want to support that financially,
but as a community we have an opportunity as to how we might want to support
such a facility.A couple of industry people have ideas,so it is not time to shoot the
horse;we need to put on a creative hat to determine how to proceed,depending on
what the community wants to do.
Skinner asked for a summary of the situation. Stinson said he was informed by the
SFOS Dean that the doors were going to close. He said,however,that FITC is still an
entity,as it was created by legislative action
Whiddon said the previous model did not work,so is a new model being
considered?
McCarty suggested that the work is necessary to the industry,and that those
interested should sit down and decide if there are different models to continue to
provide that resource.
Branson asked where Alan Austerman and the state legislators are on this issue. He
said since the President is coming we need to have a strategy in place for the Nov. 13
meeting.
Jacobson said that the new President and the new Chancellor may be interested in
the issue.
Jacobsen:
6
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Fisheries Analyst Reports for September and October 2015
AGENDA ITEM #2.d.
Is the community interested?I think they are.We need to know how deep that
interest is.Areas of research are not widely known.Upper management does not
know what is happening
LeDoux:
The goal is to delay the decision for at least another year,and protect millions of
dollars of equipment so it doesn't get shipped out,or it will be gone,and the capacity
to do research will be destroyed.UAF has been trying to get rid of this facility for a
long time,and they are gong to do it anyway.They did it without consultation.We
have a chance to protect the equipment and build partnerships,and pursue grants
and ARS programs.We could develop partnerships with UW and Scripps.There is
lots of interest in the Arctic and Ocean Acidification. Industry could be invited to be
part of the facility.When the president comes down we should ask for that year.
Don't want to interrupt what the college is doing,but it shouldn't trump the use for
research. College is letting people go as well,so why should they be looking at
acquiring another building. Not in the interest of the community to see that building
fall apart. I think we can get that year.
Haines:
Agreed with that strategy.We have a good argument.Talked to College faculty. Glad
to see that this group was looking for more clarity.Think they should be asked to
come to the FWG and talk about the thoughts they have for that facility. Idea that
UAF had this facility was silly. Could not be bad to get it out of UAF.Processing
industry should be part of the planning. Preserving all the equipment is very
important,and it should not be shipped out.
Branson:
Priority to delay a year most important and to have Sen. Gary Stevens and Rep.
Louise Stutes on board since it came from the Legislature.We have listened to this
conversation for ten years or more. Budget cuts need to be thoughtful.
Whiddon:
Do we need to form another advocacy group or is there one already?
LeDoux:
The group is coalescing at this time.We support the local college in developing
maritime programming.UAA is just accepting the building-surprised they are.
Don't want to sacrifice the research capability.
Jacobson:
7
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UAA has not yet determined they are interested. If they are not,it could exacerbate
the situation.The Borough and City could buy the building for$1.
Skinner:
Kodiak College would see it as fulfilling a need for a new technical building,but the
pilot plant would not fit into that plan.What does this group want to do?
Haines:
Ask the Kodiak College people to talk here.
Branson:
The advocacy group should work on this,with the FWG being supportive and
helping the best they can.Take it back to the respective bodies.Alan has said for a
number of years that the City/Borough could buy the building.
LeDoux:
We need to preserve the research mission.We should let the President know the
need to delay,to preserve equipment,to relook at commitment to fisheries and
seafood research.
Whiddon asked LeDoux to be the contact person for the FWG.
LeDoux said he could draft a letter to the President for the next meeting that
supports those elements. Branson agreed.
Skinner:
I would let the pilot plant go if that was the only way to keep the facility here. It is
most important to have the facility open here.
Public comment
Stefanie Moreland,Trident Seafoods:
Thanks for including Paul Lumsden (Trident manager) on FITC Advisory Council.
Agree that the S-K grant opportunity is a good one. Deadline is Nov. 2.Webinar is
tomorrow.
Kasperzk:
Small boat fishermen need help,so please put on the agenda a time slot to discuss
and analyze issues: public ice and crane use and cold storage for community use,for
8
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niche fishermen and subsistence needs. He said he would be gone in part of
November.
Stinson:
Thanks for the discussion,will work with Larry on this opportunity.
Taufen:
Asked who Jim Calvin is.Website is looking good.Welcome to Rebecca.Whiddon
took an approach that panel be given guidelines-that's not going to cut it. Cannot
indemnify yourselves against not looking at constitutional rights. Public has a right
to participate.KFAC has been shoved aside. S-K proposal is interesting.
Paddy O'Donnell:
We don't have a fisheries training facility in this country.We should be able to
provide a skill set for young people. Re GTBM,look at pounds of fish across the dock.
Alt.4 will not give us the time to do gear modification and technology. I'm nervous.
Trident will be the only people to survive-they have deeper pockets than all of us.
Look at economic impacts to this community.There is less exploitable halibut on the
grounds.We will get to the point that the regulations will affect this community.
Julie Bonney,AGDB:
Two things:
In the decision-making process at AGDB,we think first about what is best for the
community.We chose to stop the race for fish in the C season,so processors could
continue to buy pink salmon,with six additional days for processing salmon.We
were running out of water so we spread out the fishery to use less water.
Re Alt.2 and Alt.4. Have the analyst compare the community protections in Alt. 2
and Alt.4. No caps for processing in Alt.4,or for harvesters,because there are no
catch shares.Re the equal share concept-for someone who has been in the fishery
for years there will be no difference between them and a new person.
There is no port delivery requirement in Alt.4.
Branson:
Thanked Terry Haines for participation and contribution. It was Haines'last meeting
of the FWG,as he is leaving the City Council.
Haines:
9
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This group showed me that people can come together and be reasonable. I have
really enjoyed working with all the people on the group.We have shown that the a
FWG can be relevant,pioneering step in the country.We changed the way the
community is perceived by the regulatory community,and made a big difference..
Small boat fleet needs: I support what Darius is supporting,important to entry-level
people and to the community.Very specific issues: public dock,public crane,and ice
to independent fishermen. May be federal funding to put in a dock at the boatyard.
Look at crane or just a davit and a winch available to public.FWG a great place to
have this discussion. Should send people to all Council meetings.
Fish Tech: needs to have a bright future. Getting away from UAF has got to be a good
thing.Industry has money for research and development to partner with our
research community.Thanks to everyone.
LeDoux:
The Kodiak people did a great job at the Council meeting.All was said with class,and
the Council clearly listens to Kodiak.
Request that the small boat concerns be put on the agenda.Need to have people
here from that sector.
Transfer of the Fish Tech building is probably a good thing. May not be at first but
we can make it a good thing.We have a vision,and are not just complaining.Hate to
use the lack of money as an excuse not to do something.Need to start training young
people. If processors feel ownership they will be part of the mission.
Research equipment is incredibly important.
Whiddon:
Support current members of the FWG staying on,as it is a complex set of issues,and
we need experienced members.Fisheries are critical to our economy.
Small boat fleet:we have discussed putting this on the agenda based on forum
comments.Invite the harbormaster and ports and harbor committee,who are
responsible for city infrastructure.We have room for development of small boat
fleet.
The idea for putting together guidelines for FWG was directed to the Fisheries
Analyst.
Skinner:
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It would be useful to clarify guidelines.We need to clarify when written documents
are due,to be put in the meeting packet.
11
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North Pacific Fishery Management Council
October, 2015
Meeting Report to the Kodiak Fisheries Work Group
Gulf Trawl Bycatch Mana eg ment
As expected,the State of Alaska representative to the Council, Commissioner Sam
Cotten,proposed a new alternative to add to the three alternatives already in the
motion for Gulf Trawl Bycatch Management(GTBM).The new Alternative 4 joins
Alternative 2,the trawl industry-backed choice for a target species catch share
program,and Alternative 3,which provides for either a Community Fishing
Association or an Adaptive Management set-aside if Council action eventually
results in a catch share program. (Alternative 1 is the customary no-action
alternative.)
Alternative 4,copied below,apportions or allocates only salmon and halibut
Prohibited Species Catch(PSC,or Bycatch)limits to voluntary inshore trawl
cooperatives,based on their member vessels.It differs fundamentally in that it
allocates Bycatch only,and not target species as in Alternative 2.Alternative 2
creates catch shares of target species such as pollock and cod,as well as of PSC
species,usable in a cooperative.Also,Alternative 2 would make target species catch
shares transferable,and durable for the life of the program.Alternative 4 would
apportion salmon and halibut PSC annually,usable in an annual voluntary
cooperative.The PSC would be apportioned on either an equal share basis or on the
basis of the capacity of each vessel.The new alternative also retains the optional
element of Alternative 2 that would assign a certain percentage of the PSC to the
processor in each voluntary cooperative.
Another difference:the new alternative would not require linkages between
harvesters and their historic processors,and participants could change cooperatives
annually with no penalty.Alternative 2 proposes a two-year mandatory linkage in a
cooperative between a harvester and the processor to whom he/she has delivered
the most fish(during a specified period),and calls for cooperative agreements that
could include imposing a penalty on a harvester leaving that initial cooperative.The
penalty could include leaving a certain percentage of catch shares behind with that
cooperative.
Trawl harvesters and their trade association,as well as the Alaska Groundfish Data
Bank(AGDB) representing major Kodiak processors and trawl harvesters,
advocated for Alternative 2 in testimony at the Advisory Panel (AP) and the Council,
saying it was the industry alternative and the only workable form of cooperative
management.They also suggested several revisions to Alternative 2,some of which
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were picked up in the State's motion.They also opposed Alternative 3 for CFA or
Adaptive Management.
The motion from Curt Cochran at the AP included only the no-action alternative and
Alternative 2,omitting Alternative 3.With little opposition,AP member Theresa
Peterson amended the motion to include Alternative 3.AP member Alexus
Kwatchka narrowly won a vote to amend the AP motion to include a fourth
alternative that would have allowed annual voluntary cooperatives along the lines
of the voluntary coops currently used in the pollock fishery.That AP alternative was
not included in the State's Council motion,which instead contained a more
developed Alternative 4 as described.
Speaking to his motion,Commissioner Cotton said that he did not believe that a
target species catch share program was the only way to deal with bycatch control
and management.
Representatives speaking on behalf of the trawl industry-while they had not seen
the State's new alternative before presenting testimony-said that a bycatch only
shares program,even in a cooperative setting,would still allow a race for the target
species,and thus would not be effective as a bycatch management tool.
Kodiak City Mayor Pat Branson and Assembly member and KFWG Co-Chair Chris
Lynch testified accompanied by the Fisheries Analyst.They emphasized the
importance of this action to the community,and spoke to several elements of the
City/Borough letter that was submitted to the Council as written testimony.
The Council agreed that the staff would bring back to the December Council meeting
a work plan for their analysis of the GTBM motion elements and options. It is
currently assumed that the initial analysis will be brought back to the Council at its
February meeting.
The entire motion is available on the NPFMC website by clicking on Meetings,then
October meeting Agenda,then the motion.
------------------------------------------------------------------------------------------------------------
ALTERNATIVE 4. PSC Only Apportionments to Cooperatives
The Council approves the following alternative for inclusion in the Gulf of Alaska
trawl bycatch management program analysis and revisions to the purpose and need
statement.This alternative would apportion Chinook salmon and halibut prohibited
species catch(PSC) limits to voluntary inshore trawl cooperatives,based on their
member vessels.The analysis should evaluate:how well such a program may meet
the Council's stated objectives;methods for distributing PSC to cooperatives;
approaches for cooperative formation; consolidation controls; effects on processors,
communities,and harvesters; and additional decision points necessary for
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implementation.The result is intended to further the Council's objective of
advancing bycatch reduction and management and provide industry with additional
tools to adapt to present and future management needs.The paper should also
discuss whether such a program would be subject to the Limited Access Privilege
Program provisions under Section 303A of the Magnuson-Stevens Act.
The following elements comprise Alternative 4 for a Gulf of Alaska Trawl Bycatch
Management Program for trawl catcher vessels in the Western Gulf,Central Gulf and
West Yakutat areas:
1. Observer Coverage and Monitoring
All trawl vessels in the GOA will be in the 100%observer coverage category(or
carry electronic monitoring at such time it is a regulated option for trawl vessels),
whether they participate in the voluntary cooperative structure or the limited
access fishery with trawl gear.The Council authorizes NMFS to report weekly
vessel-level bycatch information as authorized under MSA Sec 402(b)(2)(A). NMFS
will develop monitoring and enforcement provisions necessary to track cooperative
allocations of PSC.
2.Sector allocations of target species
Allocations to the trawl sectors for WG and CG Pacific cod (Am 83),CGOA rockfish
program(Am 88),and GOA pollock(Am 23) are maintained.GOA flatfish eligibility
for the trawl CP sector under Am 80 is maintained.
Pollock and cod apportionments:
Option 1.Revise the GOA-wide pollock apportionments to 30% (A); 30% (B); 20%
(C); 20% (D).
Option 2.Modify the pollock fishery to two seasons:Jan 20 to June 10 and June 10 to
Nov 1.
(If selected with Option 1,the seasonal split would be 60%/40%.)
None of the options change the distribution of GOA pollock among Areas 610,620,
or 630 as established through the specifications process.
Option 3.Modify the trawl cod fishery seasons:Jan 20 -June 10 and June 10 -Nov 1.
No change to the A and B seasonal allocations.
3.Sector allocations of PSC
Chinook salmon:
The pollock trawl CV Chinook salmon PSC limit is:
Option 1.25,000 (status quo based on Am 93)
Option 2. 18,750 (25%reduction)
The non-pollock/non-rockfish trawl CV Chinook salmon PSC limit is 2,700 (status
quo based on GOA Am 97).Any Chinook salmon PSC caught in WY comes off of the
(cooperative or limited access fishery) Chinook salmon PSC limit.The CG rockfish
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program Chinook PSC limit for the trawl CV sector is 1,200 (status quo based on Am
97).The Chinook salmon PSC limit for the trawl CP fishery is 3,600 (status quo
based on Am 97); any Chinook salmon PSC caught by CPs in the GOA accrues to this
limit. 13
Halibut:
The apportionment of the halibut PSC limit between the CP and CV sectors will be
based on halibut PSC use by each sector during:
Option 1.2008-2012
Option 2.2007-2012
Option 3.2003 -2012
The halibut PSC limit(excluding the CG rockfish program) for each (CP and CV)
sector is reduced by:
Option 1. 10% (phased in over a two-year period)
Option 2. 15% (phased in over a three-year period)
Option 3.20% (phased in over a three-year period)
Option 4.25% (phased in over a three-year period)
Different percentage reductions can be applied to the CP and CV sectors.
All CPs operating in the GOA are subject to the CP halibut PSC limit.The CP halibut
PSC limit is not further divided by area (CG/WG).Vessels can only be in one sector
(i.e.,vessels with CP licenses that have delivered shoreside during the selected years
can elect to be in the CV sector and deliver their catch shoreside).
Rockfish Program PSC:
Option:Any Rockfish Program halibut or Chinook salmon PSC that would roll over
for use in other trawl CV fisheries under the current rules (after the set aside for
halibut savings) can be transferred to the trawl CV cooperatives through inter-
cooperative transfer.
4.Voluntary inshore cooperative structure
a. Cooperative eligibility:Shoreside processors with an eligible FPP and harvesters
with an eligible UP and a CV trawl LLP or a CP trawl LLP that did not process catch
onboard during the years selected above.Eligible harvesters must have the
applicable area endorsement to use PSC apportioned to the cooperative in that area.
b. PSC species allocated to the cooperative are halibut and Chinook salmon,divided
first by area (WG and CG/WY)based on historical PSC use (options:2003-2012;
2007-2012;2008-2012).Once in the cooperative, PSC can be used to support any
target fisheries within the cooperative in that area at any time (no seasonal PSC
apportionments).PSC would be apportioned to the cooperatives as follows (a
different option may be selected for each area,WG and CG/WY):
Option 1.Equal shares.Annually apportion PSC limits to each cooperative on an
equal share basis relative to the number of member vessels in the cooperative.
Suboption: The non-pollock Chinook salmon PSC limit and halibut PSC limit would
first be divided between cod and flatfish landings,before allocating equal shares per
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vessel to each cooperative.A vessel must have historical target cod and/or flatfish
landings in order to receive a PSC apportionment associated with the flatfish and/or
cod fishery.
Option 2.Vessel capacity.Apportion halibut PSC and Chinook salmon PSC limits to
each cooperative on a pro rata basis relative to the capacity of the vessel assigned to
the cooperative member's LLP the first year it enters a cooperative.The vessel
capacity to determine the PSC apportionment associated with that LLP does not
change in subsequent years.
Suboption:Vessel capacity is based on highest GOA groundfish landing associated
with the license on which the vessel is designated during 2008 -2012 (or most
recent 5 years of landings).
Option 3 (can be selected with Option 1 or 2 above). Each processor controls a
portion of the annual PSC [options: 5%- 20%] within a cooperative associated with
its member vessels.Each processor would assign the incremental PSC to vessels in
the cooperative under the terms of the cooperative agreement. PSC made available
by these agreements cannot be used by vessels owned by the processor(a vessel
with more than 10%ownership by a processor using individual and collective rules
for determining ownership).
Suboption 1: Cooperatives that consist exclusively of processor-owned vessels are
exempt from this prohibition.
Suboption 2: No prohibition on processor-owned vessels using processor-controlled
PSC. Processor-owned vessels cannot access an amount of the cooperative's
processor-controlled PSC greater than the amount they brought into the
cooperative.
c. Participants can choose to either join a cooperative or operate in a limited access
fishery on an annual basis.Harvesters would need to indicate by affidavit their
intent to participate in the GOA trawl pollock, Pacific cod,or flatfish fisheries in the
upcoming year and be in a cooperative with a processor by November 1 of the
previous season to access a transferable PSC allocation.A trawl CV license holder
can be in one cooperative per region (WG and CG/WY) on an annual basis.
Option 1: Cooperative formation requires at least[options: 2 -5] vessels with a CV
trawl LLP.
Option 2: One cooperative for CG/WY and one cooperative for WG (more than one
processor is allowed in each cooperative).
d. Each cooperative would be required to have an annual cooperative contract filed
with NMFS by November 1 of the previous year.Cooperative members shall
internally allocate and manage the cooperative's PSC allocation per the cooperative
contract. Cooperatives are intended only to conduct and coordinate harvest
activities of the members and are not FCMA cooperatives.
e.The annual cooperative contract must include:
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0 Bylaws and rules for the operation of the cooperative
0 Annual fishing plan
0 Operational plan for monitoring and minimizing PSC,with vessel-level
accountability
0 Provisions that prohibit,on a species or species group basis (pollock,cod,flatfish),
an LLP holder/vessel that has had PSC allocated to the cooperative for that species
or species group from receiving economic benefits from the cooperative for PSC
quota use unless the vessel actively participates in the fishery for which the
cooperative was awarded PSC.Active participation shall be determined by the
cooperative agreement but shall not be less than 3 annual deliveries per species or
species group (pollock,cod,flatfish).
0 Specification that processor affiliated harvesters cannot participate in price-
setting negotiations except as permitted by general anti-trust law
f. Cooperative members are jointly and severally responsible for cooperative vessels
harvesting in the aggregate no more than their cooperative's PSC allowances,as may
be adjusted by annual inter-cooperative transfers.
g. Cooperatives will submit a written report annually to the Council and NMFS.
Specific criteria for reporting shall be developed by the Council and specified by
NMFS as part of the program implementing regulations.
h. Permit post-delivery transfers of annual PSC among cooperatives.All post-
delivery transfers must be completed by December 31.
5.Transferability and consolidation limits
(Annually)Allow transferability of PSC cooperative quota for annual use within the
cooperative. Limit the amount of each species of annual PSC cooperative quota a
person can use in the cooperative to (options: 110%- 150%) of what they brought
into the cooperative.
Cooperatives can engage in inter-cooperative transfers of PSC to other cooperatives
on an annual basis. Inter-cooperative transfers must be processed and approved by
NMFS. Limit the amount of annual PSC cooperative quota a cooperative can transfer
to another cooperative to no more than (option: 10%- 50%) of the initial
cooperative allocation.
(Long-term) LLPs are transferable. PSC cannot be permanently transferred
separately from a license or vessel.
6.Limited access trawl CV fishery
If a license holder chooses not to join a cooperative,it may fish in the limited access
fishery with an eligible FFP and LLP endorsed for GOA trawl.Vessels must pre-
register to operate in the limited access fishery by November 1 of the previous year.
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Option 1.Sector-level PSC limits. PSC limits in the limited access fishery will retain
status quo apportionments by area,season,and/or fishery.Halibut and Chinook
salmon PSC limits are annually apportioned to the limited access fishery(sector-
level)based on the number of vessels that are not assigned to a cooperative,using
the same method selected for the cooperatives,as reduced by:
Suboption 1. 10%
Suboption 2.20%
Suboption 3.25%
Option 2.Individual PSC limits. Non-transferable halibut and Chinook salmon PSC
limits are annually apportioned to the limited access fishery participants using the
same method selected for the cooperatives,as reduced by:
Suboption 1. 10%
Suboption 2.20%
Suboption 3.25%
7.Program review
A program review would be conducted five years after implementation and every
seven years thereafter.
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Kodiak Fisheries Work Group (KFWG)
City of Kodiak and Kodiak Island Borough
September 10, 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
Bob ?:
He asked why the pollock fishery conflicts with the salmon fishery.
He also said bycatch in the trawl fisheries should not be allocated on a
historical basis, and it should be sold and the money used to fund the
needs of the fishing community.
He said he was worried about tanner crab bycatch in the trawl fishery.
He favors skipper and crew shares in any quota share system.
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He said fishermen should be on the flying bridge, not somewhere else.
He said you can't claim a business and hold on forever. You used to be
able to get into your own boat after a while on the deck. Why would we
lock out the generation that is now on deck by claiming that resource?
Steve Taufen:
He said he will provide a document on bycatch reduction concepts in
addition to the privatization of the resource, as in the Pacific Council -
which example he said was buried for political reasons.
He said the Council could also look at other tools to avoid bycatch.When
you choose to privatize you are giving up on the other tools. Once the
programs get deep into place, NMFS and the Council get coop reports
back, and do not have full management power.
Theresa Peterson:
She provided a document about Quota Banks elsewhere,to help
maintain access to future generations and vibrant waterfronts. These
programs are willing to share their experience. If this program [Gulf
Trawl Bycatch Management] goes toward the quota share approach, she
would ask that this community support keeping the CFA (Community
Fishing Association) in the mix for analysis.
Natasha Hayden:
She spoke to the concept from last night's forum of increasing the
harvest of secondary unallocated flatfish species using the PSC saved by
the cooperative fishing program. She said it should not work that way. If
the purpose is to reduce bycatch, it should reduce bycatch, not use it to
expand a fishery.
Julie Bonney:
She said we are getting into the policies of fish management. She said it
was important to focus on the community impacts, not management-
that's what the Council does.
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Bonney provided the EIS letter from AGDB,which includes the history
of the actions taken on this issue so far.
Darius Kasprzac:
He asked that the language be as non-privatized as possible. Quota
shares are a tool, he said, but the privatization of the resource is always
a sticking point.
Fisheries Analyst Report
McCarty reported on the University of Alaska plans to transfer the Near
Island research facility now owned by UAF School of Fisheries and
Ocean Sciences to UAA, Kodiak College. If the facility's seafood pilot
plant and the research labs are removed,the University, the industry
and the state will lose the ability to do seafood technical research.
Skinner:
Perhaps it will not be lost permanently but could ultimately be
maintained at Kodiak College. The workforce development is in the
marine area, and maybe some of the research capability could be
brought back.
Haines:
Perhaps we can advocate for the community sentiment. Hope we can
advocate for the retention of the physical capability.
LeDoux:
The SFOS facility has very few students and very few faculty. The
University is making many cuts without consulting anyone. The FWG
should ask for clarification from the new President and UAF Chancellor
as to what their intent is, putting that request in a letter,with copies to
the Governor, Lt. Governor and Administration and Legislature.
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Whiddon:
They could determine through a needs assessment what the community
needs are. Maybe the facility can be better used as a training facility.
Branson:
The suggested letter a good idea, and it should go to the Regents as well.
LeDoux:
Said he was glad the College is stepping into marine workforce
development. We could ask the Director to give a presentation at the
FWG. We can support a program that's growing- adding compliments
in the letter that support our local college.
Haines:
LA Holmes is doing the workforce development at Kodiak College.A
letter on a positive note is important, as well as asking for clarification.
LeDoux:
Suggested a separate letter congratulating them on the local college,to
the UA President, UAA Chancellor, etc.
Economic analysis
LeDoux:
There is no problem with the $15,000 approved in the Borough budget
for the economic analysis.As far as he knows the money is safe.
Skinner:
She said she would like the FWG to do another numerical rating on the
revised proposals.
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McCarty asked whether the FWG still wanted to interview the top two
candidates, and if so, do the members have specific questions prepared.
Whiddon:
If we are going to conduct interviews we should do it before we rate the
proposers.
LeDoux:
Don't see the purpose of interviewing the proposers. The information
on the proposal should answer the questions.
Haines:
Do the rating,then interview, then rate again after the interview.
Whiddon:
It would be a simplistic evaluation to rate before the interview.
Skinner:
Rate the firms now, interview them, then rate again
Haines:
Interview the firms.
LeDoux:
He said he was fine with doing interviews, then rating after the
interviews.
He said he was troubled by the confidentiality requirements.
City Clerk Marlar said that since the Borough was handling the RFP and
contract, the RFP process was being conducted consistent with Borough
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policy on RFP's. The Borough Clerk checked again with their attorney
yesterday. Marlar read aloud the attorney's opinion recommending
confidentiality at this stage.
Branson:
Wants to rate after the interviews.
Whiddon:
It is clear to him that to get what we want or need from the analysis we
might have to pay more than we have budgeted.
Marlar:
She said that if the amount needed is more than what the City has
budgeted,the City would need to make another decision.
Whiddon:
Said the City has set aside $45,000 for economic work.
The consensus was that the numerical ratings should be submitted by
Wednesday. Then interviews will be conducted. The motion will be to
go into executive session for the interviews.
The interview meeting was set for 8:00 am September 17. Questions of
clarification on the proposals should be submitted at the same time as
the rating sheets,which are due to the City Clerk September 14.
McCarty asked whether the group wanted a recommendation from
management, and the answer was no.
Skinner:
She said she wanted to clarify that the proposals could not be made
public until the Borough approves the recommendation. The Borough
has $15,000 budgeted.
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Whiddon:
He said the recommendation also has to go to the City. There may be
questions as to why the City is paying more than the Borough. The City
has $45,000 budgeted.
Community permit banks presentation by Rep.Jonathan Kreiss-
Tomkins (by phone).
Rep. Kreiss-Tomkins thanked Rep. Louise Stutes for suggesting the
presentation. He and she have been working together on the issue.
Kreiss-Tomkins spoke to the group about how rural communities have
been experiencing losses of State Limited Entry permits, through
ownership of permits leaving the community.
A regional permit bank could hold permits and lease them to residents
of the region. Entry into the fisheries is made more difficult by the
capital needed to get in.
Under the proposed program, a young person could lease a permit for a
short time to learn the fishery and to get started. There would be a limit
of how long the person could lease the permit. He said he was taking
this idea across the state, and working closely with Commissioner Sam
Cotten and the Governor. He wants to collaborate with the community-
working towards a January introduction of the enabling legislation.
All permits would be permanently transferable. No allocation aspect is
in the bill. Each permit bank would go through various sources to get
funding for permits,which would be treated like any other permit.
He said he was working to determine what lease length makes sense,
and it might vary according to the capital needed. He wants to
incentivize permit ownership by Alaskans, to avoid dependency on
leased permits.
Whiddon:
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He asked how permit banks are stocked, and whether there are any
performance requirements to use the permits. Kreiss-Tomkins said the
permit bank would have to buy permits on the market, and that they
were working on performance requirements.
Haines:
He said he was familiar with Cape Cod Fisheries Trust,which went
through several iterations on how to award quota. He asked- are you
emulating their process?
A: We have spoken to them a lot. It is a private entity so it has more
ability to agree on requirements. This permit bank would be created by
statute so it has to follow state and federal law.
LeDoux:
Would it allow tribal organizations to participate in this in their efforts
to build up permits in their community?
A: Yes, it will be tailored to the region.
McCarty asked whether the legislation would allow or create permit
banks.
A: It would allow, a little like ARDORS. Some regions would not choose
to form the permit banks.
Skinner:
Does the legislation create the regions?
A: The legislation says draw the regions,by ADF&G management areas
and ANCSCA delineations.
Whiddon:
Is the legislation looking at all fisheries or just salmon?
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A: All species,but salmon is the bread and butter.
Summary and discussion of the community forum. Council comments
Haines:
Suggested the FWG could use the same letter for the Council comments
that was used for the EIS comments.
Whiddon:
Haven't processed the information from the forum.We should be a
clearing house for ideas. In addition to a forum summary and the
proposed letter, we could add a summary of what we heard from people
in the community yesterday.We heard common ground on some
concepts, but not on others.We need to reflect that to the Council.
Branson:
Agreed with John. She said we will not be able to respond at the Council
meeting on anything that the state might propose at the meeting.
LeDoux:
No letter supported,but he said he liked the idea of having the summary
of the issues important to the community. He said he wants the group to
be more involved and proactive in developing policy, and able to say--
here is what our community is saying.
Whiddon:
He said we cannot speak to an IBQ concept at this point, as it has not yet
been introduced.
He said we could extend the community voice as we have not done. He
said it is okay to let the Council know that we don't all agree.As a whole,
we are working toward a community solution.
Haines:
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He said he wanted to stick with the letter and also give some idea of
what is felt in the community. The people who are advocating for
various concepts will do their own presentations to the Council.We
have to be really careful in summarizing the community position.
Branson:
We can deliver the message from the community, and we should do that.
We need to show that we can get together and talk through diverse
opinions.
Whiddon:
It is not a problem to send the letter they already have.We also need to
convey the personal applications of the effects on the community.
LeDoux:
We will be there in our community roles as well.
McCarty said we could do a summary of the forum,but that we
recognize the difficulties in doing so.
Branson:
It is important because the Council and other communities are looking
to Kodiak.
The group discussed having the meeting September 21, to conduct
interviews, and perhaps review the summary.
LeDoux added that, referring to the testimony heard at the community
forum, he would like to agenda a discussion of the needs of the small
boat fishermen expressed there.
Public comment
Taufen:
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He said the application of confidentiality to the economic analysis
process is not good.We need to have input specifically on IMPLAN. We
don't know if the two groups are getting up to speed.Ask them if they
are going to provide full sets of the information on the industry. They
are handicapped by processors refusal to give full information.
This group has been led by the nose. There is clearly not a community
consensus and a preferred alternative.We did not have the bycatch
folks at the forum, and there is no community referenda on this.
Terry Storch:
He said he has been a setnetter for 18 years. He is concerned about what
is happening in the world. Don't forget the original mission of fishing-
feeding people. He was disturbed about throwing trash fish overboard,
so canned them and used them for the garden and bait. He is concerned
about bycatch. In the Lower 48, folks are pushing farmed fish over wild
fish.
Kasprzac:
He said he wanted to plead with the FWG to talk about small boat issues.
We have been held back a long time, in self marketing and getting
product out to the market. We need a municipal crane, ice and cold
storage. Small boats cannot make it on the price - and we don't have the
opportunities for value added.
Peterson:
There will be a presentation on 9/24 about building food security in
Alaska,which we should keep in mind when we discuss small boat fleet
needs.
Bob ?:
He said there was nothing personal on bycatch issues, it just affects
other fishermen outside the industry. He thanked all involved for the
community forum- did a great job. For self-marketing, fishermen need
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ice, and no ice is available except from canneries. Shipping not available
without a full van. No cold storage is available.
There has been displacement by larger fleets that catch more fish. The
town has neglected the small fleet.
Matt Moir:
He agreed that closure of the SFOS facility would be bad news for the
industry, and thanked PCCRC that contributed a lot to the cause. It's
been on life support for a while. If we can keep the MAP and keep the
building functional and add workforce development programs, that
would be good. We need technicians - throughout the state and industry
- we may have a loss but we have a great opportunity before us.
Bonney:
Agreed with Moir- we may have built the middle path. She wants to
find out what the longer-term plan might be.
Regarding comment on the EIS and what to produce for the Council, she
agrees with submitting the letter to the Council. Regarding the forum
summary- she would get nervous trying to write a summary of the
message.
Sue Jeffrey:
It would be hard to do a forum summary. Make sure that it's balanced,
as the public will be able to read it. She wants to have the message out
there that the meeting was held, and provide a summary of attendees.
She supports inviting the director of the workforce development
program.
Hayden:
Drafting a forum summary would be difficult to do. The point of the
forum was to get stakeholders together, and a report can be done
without drawing conclusions.
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Haines:
He said there is value in providing a forum summary, mostly getting
across that Kodiak is not a hornet's nest but a bunch of ants working
hard.
He said that the suggested letters to the University specifically support
the MAP program.
He supports putting on the agenda small boat needs: cold storage, crane
and sheet pile dock at (location?) A public/private partnership could be
pursued.
He said a sustainability plan is needed to be designated as a Fishing
Community under MSA. He said that plan could be used in the future, in
many ways other than for a designation.What would it take to make a
community sustainability plan?
LeDoux:
He said we could ask reps from the rural village forum to attend a
meeting.We could all go to their meeting, in two weeks. The next one is
in January.
Sue's thoughts re the college are good, finding out what the director is
wanting/planning to do.
He said salmon caught as bycatch needs to be processed and used in
food bank programs.
Skinner:
If the group discusses small boat issues,we should include someone
from the City. She assumes the ideas presented have been discussed so
we need to know what their current plans are. Some of these initiatives
may already be underway.
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Regarding input to the Council,there is value in a summary from the
forum.We don't have to present one perspective from Kodiak. We
should guard against producing comments that don't say anything as a
result of attempting to get comments that are agreed upon.
Agrees with Whiddon's thought of putting a face to Kodiak in a more
personal way.
She supports getting letters to both UAA and UAF,to help clarify their
plans.
Branson:
She said she agrees to talk about small boat needs. The economic
conference (?) may have some ideas about private/public partnerships.
Friends of the Shipyard may be formed to look for funding.
Who will attend the Council meeting?
She said she would like to start the meeting at 8:30 am on 9/21.
Lynch:
She said she was happy with the community forum. She produced notes
on white paper sheets that can be used for the summary.
Talk of the Rock radio wants three people to talk- John, Chris and
Terry.
Fugelberger will be asked to speak to workforce development for the
FWG.
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Kodiak Fisheries Work Group (KFWG)
City of Kodiak and Kodiak Island Borough
September 21, 2015
Special 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 Whiddon chaired the meeting.Also present were City
staff and Fishery Analyst Heather McCarty.
The meeting was a special meeting called to interview the two top
candidates for the contract for economic analysis, and to make a
subsequent recommendation to the City of Kodiak and the Kodiak Island
Borough.
Public comment
Stephen Taufen:
He said he was concerned about whether the contractor will be able to
gather enough data to make the study useful. He asked: are you going to
have the software in hand to have the ability to ask the questions
yourself? It is cheaper to have it yourself than to pay for it every time.
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Theresa Peterson:
Re the economic study, over the last five years, many changes have
happened, as in the halibut fishery. She wants to make sure that the
study reflects the changes for the smaller fisheries, including tanner
crab.At the same time, the last five years have seen the highest
deliveries of trawl fisheries. She said she hoped those facts can be
captured in the study-the highs and lows. She thanked the FWGA for
all the hard work this month.
A motion to go into executive session was made by Lynch and seconded
by Haines. The members voted to go into executive session.
LeDoux asked the Clerk whether the group was required to go into
executive session by law. The answer was yes. He said he believed we
are missing some expertise by having it closed.
Skinner said the RFP is required to be confidential until the firm has
been chosen.
The group went into executive session to interview both top qualifiers
for the economic study.
At 10:48 am the group came out of executive session into open session.
LeDoux made a motion to recommend the McDowell proposal for
consideration by the City Council and Borough Assembly. Haines
seconded the motion. The group arrived at a consensus in favor of the
motion.
Summary of Council action on GTBM at the coming October meeting
Re the summary of the community forum, Rebecca said that the
summary should be sent to the public to approve their comments made
at the forum, since it is being submitted to the Council. It was suggested
that the names should be removed,but decided that would remove
some of the comments' meaning.
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Discussion resulted in the agreement that the analyst would send the
comments to each panelist for fact checking,with any corrections to be
sent back to analyst by 4 pm Wednesday. The analyst will be
incorporating the suggestions for revision already sent in by Skinner,
and the one made orally by Haines.
[Note: The forum summary was sent to all the participants for comment.
One additional participant, Theresa Peterson, requested revisions to her
comments, and they were made.Also, after this meeting, as a result of
concerns expressed by the public, it was decided by the Co-chairs NOT
to submit the forum summary as part of the community's written
comments to the North Pacific Council. The revised forum summary, as
well as the complete audio record of the forum,were posted on the City
and Borough website. ]
Travel to North Pacific Council meeting
For the City,those attending will be Branson and Whiddon.
[Note: Mayor Branson attended the NPFMC meeting and Whiddon did
not.]
Public comment:
Paddy O'Donnell said that he was not aware that his forum comments
would be put out on the radio, and sent to the Council. He said the FWG
should ask permission for them to be sent.
FWG comments
LeDoux said that he thinks people should be aware that the public
process is public, although he is sensitive to concerns.
Skinner said it was clear that the forum was being done in preparation
for the North Pacific Council meeting. She said if someone was
misquoted in Kodiak it could be a problem at the Council.
Re the economic study, she asked what the timeline is now.
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LeDoux said, we made a recommendation.
Regarding the cost of the recommended proposal, Skinner said that the
agreement was to go up to $30,000 in total, so each of the City and
Borough will need to determine whether they will go beyond that
amount.
The next FWG meeting was set for October 21.
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KODIAK ISLAND BOROUGH
WORK SESSION
Work Session of: m 6 c I 117,olS
Please PIRUNT your name Please your name