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2006-11-09 Special MeetingMr. Jerome Se /by Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemb /y Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mi /1 Bay Road Kodiak, AK 99615 November 9, 2006 - Immediately Following the Work Session Borough Conference Room Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. ROLL CALL 2. CITIZENS' COMMENTS - Limited to three minutes per speaker. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Resolution No. FY2007 -12 Providing Further Comments to the North Pacific Fishery Management Council on Gulf of Alaska Rationalization. 4. EXECUTIVE SESSION Kodiak Island Borough November 9, 2006 A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). 5. ADJOURNMENT This special meeting was called by the Assembly. Assembly Agenda Page 1 Assembly Chambers 1. ROLL CALL 2. CITIZENS' COMMENTS (Limited to three minutes per speaker.) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Resolution No. FY2007 -12 Providing Further Comments to the North Pacific Fishery Management Council on Gulf of Alaska Rationalization. The motion before the Assembly is to adopt Resolution No. FY2007 -12. Clerk's note: All the amendments from the last meeting failed. Staff Report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 4. EXECUTIVE SESSION A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A.) Recommended motion: Move to convene into executive session to discuss the refund of taxes paid under protest per AS29.45.500(A), a matter that qualifies for executive session under confidential attorney- client communications. ROLL CALL VOTE Please invite all Assembly members, the Manager, the Finance Director, and Clerk's Office staff to participate. Attorney Tom Klinkner will participate via tele- conference. After the vote, Mayor Selby recesses the special meeting and convenes the executive session. (Clerk's Note: It is necessary to reconvene the special meeting and announce if there is an action to be taken or no action will be taken as a result of the executive session.) 5. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough November 9, 2006 Assembly Guidelines Page 1 / R. Please print your name 2. \'4k- -r / NSO n ! 3. �1 L / )3ORC) -J 4. gime I A t r 5.� 6. /MM,14/' 2. /2-..0 S 7. /'! I¢"J7 'vo(e. 8. tP R� vC F PFRLZ 9. JA-t1; 73fn)1A. 10. `ia,c,„QA /� y 11. f( fek'� I'I �(NF S 12. / [ ll/LC ) - 13. , Q . UIG�Vi� dc)RA� 14�� 4 69-s g /e7 15. r 27-k r< I( 6..- .,Eg► `i KODIAK ISLAND BOROUGH WORK SESSION MEETING Work ession Meeting of: tik1 AJDQ 1 41 - 1 U C) . C\ 0 0 0 • cal v) z z z z z 0 w 6 w 0 N w w 0 0 w 0 ti 0 0 -43 -s -4 - U a U U O ti O O N O a O O 0 .a 0 O a 0 a 0 p .75 of • }, ✓ 0 A h F 0 C4 x N 0 › 'U "0 0 w F" 0 Ed C4 0 0 � T" ) c h � o U p cc 0 1 U a N etc A 0 U uo 0 0 0 0 z z z z z 0 cu p 0 0 L. 1 6 0 ti O ra 1 0 0 0 0 F a 0 0 C> 0 a 0 �i Kodiak Island Borough, Alaska Introduced by: Borough Manager Requested by: KIB Assembly Drafted by: City Manager Introduced: 11/02/2006 Failed: 11/02/2006 Reconsidered: 11/02/2006 Postponed: 11/09/2006 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -12 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY PROVIDING FUTHER COMMENTS TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL ON GULF OF ALASKA RATIONALIZATION WHEREAS, the harvesting and processing sectors of the Kodiak fishing community are substantially engaged in and substantially dependent upon Gulf of Alaska groundfish fisheries; and WHEREAS, Kodiak's economic and social health is intimately dependent upon the community's sustained participation in all aspects of the Gulf groundfish fisheries; and WHEREAS, the Kodiak Island Borough has made substantial investments in support of and in reliance upon the Gulf groundfish fishery, such as water system improvement and expansion and port and harbor improvements and expansion; and WHEREAS, the North Pacific Fishery Management Council has developed a suite of fishery allocation alternatives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred alternative for implementation; and WHEREAS, allocating exclusive harvesting and /or processing privileges promotes consolidation in the fishing fleet and the processor sector, which can improve efficiency, but which can also result in skippers, crew members and processing workers bearing costs of consolidation without fully sharing in the related benefits; and WHEREAS, while fishery rationalization may create opportunities and incentives to produce more and higher value products, it also changes the distribution of fishery revenues among participants with resulting disruptive effects on the communities in which they live; and WHEREAS, by awarding harvesting and /or processing privileges, fishery allocations make possible orderly harvesting and processing, but it also facilitates the migration of landings to communities with infrastructure advantages (such as road system access) and creates barriers to entry for later generations of fishery participants; and WHEREAS, as a result, it is essential that the potential adverse affects of Gulf groundfish rationalization be identified and analyzed and that adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak prior to any program implementation; WHEREAS, it is the Kodiak Island Borough's intent that a full, and frank exchange of information and opinions concerning Gulf groundfish rationalization take place among the constituencies of the Borough that would be most directly affected by such program, if adopted; and to the extent possible, to encourage the development of consensus among these constituencies concerning the preferred elements and options of such program; and WHEREAS, the City of Kodiak and the Kodiak Island Borough joined together to appoint a Gulf of Alaska Groundfish Rationalization Task Force to provide a forum for the full, and frank Resolution No. FY2007 -12 1 Page 1 of 3 exchange of information and opinions concerning Gulf groundfish rationalization and an opportunity for the development of consensus on preferred elements and options of a Gulf groundfish rationalization program, should it move forward; and WHEREAS, while the Task Force is continuing to work, they have recently provided the Borough Assembly with a number of recommendations that the Borough Assembly is actively endorsing; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the North Pacific Fishery Management Council (NPFMC) suspend action on Gulf of Alaska groundfish rationalization until, at least, such time as the NPFMC has conducted its 18 month review of the Bering Sea crab rationalization program and the public has had an opportunity to evaluate and comment on the impacts of crab rationalization and to evaluate the NPFMC's adjustments (if any) to the crab rationalization program; BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH requests that the NPFMC take the following Gulf groundfish management actions as soon as possible, notwithstanding the NPFMC's suspension of any further action on Gui rottn rationalization: (A dtCC p U k U� S d'�'�' 6'"'�t' L -tth eihork �t6� s1%'• ..i 1. Initiate wrfallocation of Gulf uac Pacific on c p . (f an. Ca - q u' a 2. Initiate a ph e -out of the offshore sector in the Gulf of Alask 3. Initiate a discussion paper on identifying and removing latent licenses from the Gulf groundfish sectors that are subject to the License Limitation Program. BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH requests that the NPFMC is hereby requested to take the following actions in connection with its development of a Gulf of Alaska groundfish rationalization program: 1. Complete the Council's review of the Bering Sea crab rationalization program to enable the public to evaluate and comment on the impacts of crab rationalization and to enable the Council to make appropriate adjustments to the Gulf rationalization program in response. 2. Thoroughly analyze each alternative being considered by the Council before eliminating any of the alternatives, to provide the public with the opportunity to compare the effects of the various alternatives on harvesters (including skippers and crew members), processors (including workers), fishing support services, and Gulf fishing communities. 3. Include limits on harvesting consolidation through vessel use caps that apply without exemption, and that are calculated to sustain skipper and crew employment opportunities and compensation. 4. Develop and bring forward for consideration an additional alternative which includes no processor shares, linkages or privileges of any kind. For alternatives already being considered, include measures to maintain a diverse, competitive processing market, by providing a substantial pool of groundfish privileges for each sector that can be harvested without penalty and are not subject to processor linkage or processor closed class delivery requirements. This should include phasing out of the off shore processing sector. Kodiak Island Borough, Alaska Resolution No. FY2007 -12 Page 2 of 3 ATTEST: 5. If processing privileges are included, limit consolidation of such privileges through processor and facility use caps. 6. Designate Federal harvesting privileges by region to reflect landing patterns similar to those occurring prior to program adoption, and require that fish harvested under such privileges be landed in their designated region. 7. Include a reasonable groundfish allocation which may be harvested and processed without holding any Federal or State dedicated access privilege, subject to restrictions that the State of Alaska may deem necessary to maintain the entry level character of such allocation. 8. Include a community fisheries quota program that provides an opportunity for small Gulf coastal communities to enhance their residents' participation in the Gulf groundfish fishery, under the conditions that the allocation to such program does not disrupt other Gulf of Alaska fishery dependent communities by displacing their fishermen, is required to be harvested by residents of the eligible communities, and requires that harvests made under such program be delivered on shore within the region of their allocation. 9. Include a community purchase program that provides Gulf coastal communities with the opportunity to maintain participation by their residents in the Gulf groundfish fishery by acquiring harvesting privileges for use by their residents, under the conditions that the Kodiak Island communities are eligible communities, and such program includes reasonable limits on the amount of harvesting privileges that any single eligible community may hold. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Resolution No. FY2007 -12 Page 3of3 CITY OF KODIAK RESOLD 06-35 A RESOLUTION OF THE CITY OF KODIAK PROVIDING FURTHER COMMENTS TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL ON GULF OF ALASKA RATIONALIZATION WHEREAS, the harvesting and processing sectors of the Kodiak fishing community are substantially engaged in and substantially dependent upon Gulf of Alaska groundfish fisheries; and WHEREAS Kodiak's economic and social health is intimately dependent upon the community's sustained participation in all aspects of the Gulf groundfish fisheries; and WHEREAS the City of Kodiak has made substantial investments in support of and in reliance upon the Gulf groundfish fishery, such as water system improvements and expansion, and port and harbor improvements and expansion; and WHEREAS the North Pacific Fishery Management Council (NPFMC) has developed a suite of fishery allocation alternatives for the Gulf of Alaska groundfish fisheries, and is working toward adoption of a preferred alternative for implementation; and WHEREAS allocating exclusive harvesting and/or processing privileges promotes consolidation in the fishing fleet and the processor sector, which can improve efficiency, but which can also result in skippers, crew members, and processing workers bearing the costs of consolidation without fully sharing in the related benefits; and WHEREAS fishery rationalization may create opportunities and incentives to produce more and higher value products, it also changes the distribution of fishery revenues among participants with resulting disruptive effects on the communities in which they live; and WHEREAS by awarding harvesting and/or processing privileges, fishery allocations make possible orderly harvesting and processing, but it also facilitates the migration of landings to communities with infrastructure advantages (such as road system access) and creates barriers to entry for later generations of fishery participants; and WHEREAS, as a result, it is essential that the potential adverse affects of Gulf groundfish rationalization be identified and analyzed, and that adjustments be made to mitigate the potential adverse effects of Gulf groundfish rationalization on Kodiak prior to any program implementation; and WHEREAS, it is the City of Kodiak's intent that a full and frank exchange of information and opinions concerning Gulf groundfish rationalization take place among the constituencies of the City that would be most directly affected by such program, if adopted; and to the extent possible, to encourage the development of consensus among these constituencies concerning the preferred elements and options of such program; and WHEREAS, the City of Kodiak and the Kodiak Island Borough joined together to appoint a Gulf of Alaska Groundfish Rationalization Task Force to provide a forum for the full Resolution No. 06-35 Page 1 of 2 and frank exchange of information and opinions concerning Gulf groundfish rationalization and an opportunity for the development of consensus on preferred elements and options of a Gulf groundfish rationalization program, should it move forward; and WHEREAS, while the Task Force is continuing to work, they have recently provided the City Council with a number of recommendations that the City Council is actively endorsing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Kodiak, Alaska, that the City of Kodiak hereby requests that the North Pacific Fishery Management Council suspend action on Gulf of Alaska groundfish rationalization (pursuant to City of Kodiak Resolution 05 -45a) until, at least, such time as the NPFMC has conducted its eighteen -month review of the Bering Sea crab rationalization program and the public has had an opportunity to evaluate and comment on the impacts of crab rationalization and to evaluate the NPFMC's adjustments, if any, to the crab rationalization program; BE IT FURTHER RESOLVED that the Council of the City of Kodiak, Alaska, requests that the NPFMC take the following Gulf groundfish management actions as soon as possible, notwithstanding the NPFMC's suspension of any further action on Gulf groundfish rationalization: ATTEST: 1. Initiate an allocation of Gulf Pacific cod among gear groups 2. Initiate a phase -out of the offshore sector in the Gulf of Alaska 3. Initiate a discussion paper on identifying and removing latent licenses from the Gulf groundfish sectors that are subject to the License Limitation Program CITY OF KODIAK Resolution No. 06-35 Page 2 of 2 CITY CLERK Adopted: MAYOR November 9, 2006 Assembly Chambers 1. ROLL CALL 2. CITIZENS' COMMENTS (Limited to three minutes per speaker.) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Resolution No. FY2007 -12 Providing Further Comments to the North Pacific Fishery Management Council on Gulf of Alaska Rationalization. The motion before the Assembly is to adopt Resolution No. FY2007 -12. Clerk's note: A/l the amendments from the last meeting failed. Staff Report. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOT /ON 4. EXECUTIVE SESSION A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A.) Recommended motion: Move to convene into executive session to discuss the refund of taxes paid under protest per AS29.45.500(A), a matter that qualifies for executive session under confidential attorney- client communications. ROLL CALL VOTE Please invite all Assembly members, the Manager, the Finance Director, and Clerk's Office staff to participate. Attorney Tom Klinkner will participate via tele- conference. After the vote, Mayor Selby recesses the special meeting and convenes the executive session. (Clerk's Note: It is necessary to reconvene the special meeting and announce if there is an action to be taken or no action will be taken as a result of the executive session.) 5. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines November 9, 2006 Page 1