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2010-11-30 Work Session Kodiak Island Borough Assembly Work Session Tuesday, November 30, 2010, 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. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) ITEMS FOR DISCUSSION 1. B Tracts Gravel Operation Update by Brechan Enterprises, Inc. 2. Code Enforcement Officer Presentation Regarding Garbage to the Assembly 3. Boards and Committees Reception Update PUBLIC HEARING to Surplus and Sell the Same, Finding that a Ordinance No. FY2011 -06 Amending the Public Need Does Not Exist for These Kodiak Island Borough Code of Ordinances Title Properties, and Authorizing Land Sale Number 8 Health and Safety Chapter 8.30 Prohibition of Seventeen Terms and Conditions. Smoking. Ordinance No. FY2011 -09 Determining the Ordinance No. FY2011 -07 Amending Title 3 Negotiation of a Sale at Fair Market Value of Revenue and Finance Chapter 3.40 Personal Tax Foreclosed Properties to the Federal Property Tax. Government. State of Alaska Alcoholic Beverage Control OTHER ITEMS Board NEW Liquor License Application for *Approval of the Kodiak Island Borough the Kodiak Raspberry Island Remote Lodge, Assembly 2011 Meeting Schedule. Iron Creek Raspberry Island, Kodiak, AK. *Declaring a Seat on the Monashka Bay Road (Applicant: Kodiak Raspberry Island Remote Service Area Board Vacant. Lodge Inc.) Mayoral Appointments of Assembly Member UNFINISHED BUSINESS — None. Representatives to Various Boards, NEW BUSINESS Committees, and Commissions. CONTRACTS — None. Confirmation of Mayoral /Assembly RESOLUTIONS Appointments to Various Boards, Committees, Resolution No. FY2011 -12 Identifying and Commissions. Responsibility for the Maintenance and Recommendation for Appointment to Board Operation of the Proposed Pedestrian and Bike Seats on the Providence Health System Kodiak Pathway. Island Service Area Community Board. Resolution No. FY2011 -13 Adopting a New State of Alaska Alcoholic Beverage Control Kodiak Island Borough Urban Zoning Map. Board Request for Renewal of Liquor ORDINANCES FOR INTRODUCTION License Applications Within the Kodiak Island Ordinance No, FY2011 -08 Determining the Borough Jurisdiction Disposition of Tax Foreclosed Properties from 2008 and Prior Tax Years, Establishing Intention MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS L TTQ X00 ° 2 0 � T � o Eoa o a An Up a a From You New Co a 2 Enforcement Officer Current Enforcement Issues o Illegal dumping of bulky items and trash beside dumpsters. o Illegal dumping of bulky items and trash on KIS property. o Illegal dumping of construction waste at dumpsters. • Residents illegally dumping trash at commercial dumpsters. o Junk and Abandoned vehicles. Kodiak Island Borough '; i ? �i Office of the Borough Clerk r F ' - 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: 12/30/2010 MEMO TO: Mayor and Assembly FROM: Nova M. Javier, MMC RE: Boards and Commissions Reception Update Every year the Assembly holds an annual reception in appreciation of the different volunteers for Boards and Committees. I noticed in the recent years the drastic dwindling of attendees to these receptions. Reception Year Invited Members and guests, Cost per person Total Cost including Borough staff (estimates) 2010 141 35 $55.63 $2,181.14 2009 114 47 $43.99 $2,067.69 2008 140 60 $33.71 $2,031.01 I need to get input from the Assembly whether it wishes to provide /suggest a different kind of reception, leave it status quo, or discontinue. Other alternatives that you may wish to consider: • Mill Bay Coffee Shop After Business Hours Event • Sit down Dinner at the Best Western Restaurant • Reception at the Old Power House Restaurant • After Hours Appetizers at Bay Side Fire Hall • Luncheon at the KIB Chambers on a Regular Work Day During agenda setting, Mayor Selby requested a count on the number of board, committee, and commission members. That number will be 103 for the current year, give or take a few. If we send out coffee cards at $20 each, that would be close to the budget we currently have for this event. KODIAK ISLAND BOROUGH ASSEMBLY WORK SESSION Work Session of: 1 /30 /?U(0 Please PRINT your name Please PRINT your name -/ ,,e,- . ipi4 l- PA-A/62.- ��►� >z 1 S n o kg Sic j O l Z� Act MA K La (e ;c7y %sc■ &/ : li/1 . 001 4 1 r) fp T (la> Proposal for a Fisheries Consultant to the Kodiak Island Borough Assembly Prepared by Terry Haines Consulting 724 Hillside Dr. Kodiak, AK 99615 (907) 942-0365 yohaines.kodiak@gmail.com Proposal for a Fisheries Consultant to the Kodiak Island Borough Assembly Overview: Nothing is more crucial to the economy of the Kodiak Island Borough than the form and direction of fisheries management polices. However, the management process, because of its complex and multifaceted nature, has proven difficult for the Borough to engage. The assignment of the Chamber of Commerce's Trevor Brown to monitor NPFMC meetings was a step in the right direction, and he has done fine work. Unfortunately, Mr. Brown's commitments as Director of the Chamber make it impossible for him to completely focus his efforts during the periods surrounding management meetings. In addition, sharing Mr. Brown's services with the City and the Chamber further dilute his ability to speak on behalf of the Borough without potential conflict. Terry Haines Consulting would propose to amend this situation by attending fisheries management meetings, panels and advisory committees in order to provide the Assembly with complete and timely reports in advance of management decisions. Purpose for Fisheries Consultant: 1) Enabling Timely and Relevant Inputs As Management Policies Evolve: Stop sending someone out to play shortstop after the batter has hit the ball. The contractor's report would center on a complete list of proposed actions, prioritized by: 1) timeframe, and 2) potential impact to the Borough. In addition to attending North Pacific Fisheries Management Council proceedings the reporter will strive for balance by monitoring testimony at the advisory panel level and with active outreach to stakeholders. The resulting report will frame the proposed actions with an objective consideration of stakeholder standpoints. A draft report will be presented to the KFAC for additional input from local stakeholders before final presentation to the Assembly. 2) Catching Up With Catch Shares: NOAA is pushing Catch Shares hard. Given consistent, timely and relevant engagement on the part of the Borough, Catch Shares programs developed for the region could include provisions to protect and even enhance the Borough's economy. The price of neglect could include market restrictions, loss of entry level opportunity, excessive fleet consolidation and capital flight through absentee ownership. As home to one of the most vibrant fishing economies in the world, the Kodiak Island Borough has a unique opportunity, and responsibility, to help design Catch Shares programs that encourage both healthy stocks and healthy communities. Qualifications, Terry Haines Consulting: 1) Unique Requirements: This is not a job for everyone. The ability to communicate effectively with all participants will determine the relative success of the Borough's fisheries consultant. Over the course of eleven years attending NPFMC meetings I have developed positive relationships with the people and institutions that constitute the fisheries management process. I have found that discussions that focus on solutions and common ground are only possible when you listen, and treat others with respect. Equally important is a positive working relationship with regulators and managers and the ability to understand the process. A decade of immersion has left me with both. Twenty eight years as a local commercial fisherman have blessed me with a store of practical knowledge about the industry and a wealth of personal relationships, both of which will serve me well in this capacity. Finally three years on the Kodiak City Council, two of them serving on the Board of Directors of the Southwest Alaska Municipal Conference have left me with a broad perspective, and an appreciation of the constraints and responsibilities of municipal government. Envisioned within the scope of the work: 1. Full attendance of all relevant meetings, including advisory panels, committees and staff tasking. 2. A "Report to the Assembly" for every meeting attended, with issues prioritized by timeline and potential impact to the Borough, and updates posted as needed. 3. Robust "hallway" engagement of participants to assess all facets of proposed management changes. 4. Testimony made by the contractor on behalf of the Borough must adhere carefully to the specific instructions of the Borough Assembly. Proposed format for reports: Reports must be easy to read and easy to use. 1. Summary, including list of proposed actions prioritized by impact and timeline 2. Section on each proposed action, including all options and alternatives and describing conflicts and common ground among stakeholders and information garnered from regulators and their staff. 3. Index and notes section listing sources, contacts and resources. 4. Draft submitted to KFAC and amended as needed to include local input. 5. Final report submitted to Assembly in time to prepare comment, if desired, for the next fisheries management meeting. 5 North Pacific Fishery Management Council 201st Plenary Session — December 6 -14, 2010 Anchorage, Alaska — Hilton Hotel Fax: (907) 271 -2817 Tel: (907) 271 -2809 1 Public Comment of Stephen jaufen, Groundswell Fisheries Movement Submitted by Fax, November 30, 2010 Agenda C- 2(c.): Receive Report on BSAI Crab Rationalization 5 -Year Review Commerce Secretary Locke, Chairman Olson & NPFMC members: Please find attached three pages of additional Tables that will aid Council members and staff in reviewing the Captain and Crew (C &C) Compensation issues. as part of the 5 -Year Review. I will hopefully be submitting additional Public Comment on the record during the session. Let it suffice for now to say that if the C &C component's historical share was 35% before CR privatization, then on the basis of a $1.1 billion initial market value, there was a takings from the C &C of (35% less 3 %, times $1.1B) approximately $350 million. Since then, another $100 million, totaling a distributive income shift of over $450 million, to date. This has huge negative effects on U.S. tax coffers, regional spending and multipliers, community household incomes, and more. This Council has knowingly and willingly participated in: • Failures to adhere to National Standards of "fair and equitable" distributions of allocations, the award of excessive shares, and other violations of law. • Subsequent active denial of any corrective Motion (or second) to address C &C losses. • Failures to prosecute False Testimonies on the record, and to address known Coercion of C &C by IFQ holders. • Negative Conflicts of Interest in the context of Regulatory Capture. • Failure to put on record the expensive ethnographic crab crew study (Felthoven et al). • Failures to maximize the net national (and state) benefits from the Crab Fisheries, by failing to ensure full transparency and accountability, as well as exploration of Abusive Transfer Pricing that allows foreign - owners to operate profitless 'hollow subsidiaries' within the Alaska geographical region. • Failure to contain Leases from being taken off -the -top of trip settlements, before the computation of "adjusted gross revenues - and failure to consider /adhere to the maritime laws regarding Lay Share rights of C &C, despite clear advice that such United States Codes should be taken into consideration just as NEPA and Executive Orders are, when formulating allocation -bent programs. • Giving credence to IFQ - shareholders' creations of "Astroturf' fake grassroots groups. • Among other wrongs... Page 2 – S.Taufen PC — C -2(c.) Crab Ratz 5 -yr. Review If the Council had to adhere to MSAR (reauthorized) today, it would still have the problem of the unconstitutionality of the Alaska region not having a 2 /3rds referenda process, as compared to the New England and Gulf states. But you've already done a great job at violating the Equality and Commerce clauses, and restraining trade. The current report is highly deficient as to the types of statistical information. The attached tables illustrate only a few examples of how the data could have been used to do more meaningful analysis that should guide your decision making to reallocate shares to the C &C component. One means of doing that would be to set aside a block of quota for the public trust, under the State of Alaska – who could then lease it out on the provision that trip settlements adhere to Lay Share tenets and legal case history, and all "rents" are taken off after the computation of "adjusted gross revenues" – including a severance type rent for the State. But, you will not address any solutions, to date, let alone an innovative public trust. Catch Shares are a carefully organized and executed neurosis, an outrageous hypocrisy on the National Standards of 'fair and equitable' distributions. The Council has repeatedly demonstrated adherence to this corporate- backed neurosis, and apparently does not care about the lack of credibility it shows, because this hive mentality is shared by NOAA and its national policy to institute more privatizations (catch share programs). Someday this assault on common senses must stop for common use resources, or our commercial fisheries and the family fishermen will be ruined forever. It is time to make serious changes to the CR program. Thank you. Stephen Taufen P.O. Box 714 Kodiak, AK 99615 staufenaseanet.com Attached – 3 pages of tables. Bristol Bay Red King Crab - post ratz Percentage Drop in Capt &Crew pay on average between quartiles: Mean Lbs. Harvested per Mean pay to single Mean C &C Pay per 2008 Vessel crewmember % of gross to captain /crew Pound Harvested 3d Quartile 281,259 $ 45,426.00 21.80% $ 0.1615 4th Quartile 436,847 $ 39,414.00 15.60% $ 0.0902 -13.2% $ (0.0713) Equals: Percentage Drop in C &C /Harvest Lb. - 44.1% Mean Lbs. Harvested per Mean pay to single Mean C &C Pay per 2009 Vessel crewmember % of gross to captain /crew Pound Harvested 3d Quartile 249,735 $ 31,528.00 19.70% $ 0.1262 4th Quartile 358,570 $ 29,137.00 14.70% $ 0.0813 -7.6% $ (0.0450) Equals: Percentage Drop in C &C /Harvest Lb. - 35.6% • Bristol Bay Red King Crab Ratz: 14,000,000 avg. harvest lbs. Historical 2004 Captain & Crew % of Adjusted Gross 35.9% Participation Ratio Less: Captains at 3% -3.0% C- Shares (approx.) Net Property Taking of Capt &Crew Historical Shares - 32.9% Decline of IFQ IF: IFQ Market Value /Share Set at $22.50 $ 315,000,000 THEN: IFQ Takings from C&C = $ (103,635,000) Plus: Annual Takings (est. avg.) $ (12,000,000) Times: 5 years of program to date 5 $ (60,000,000) $ (163,635,000) Denied pay to C &C Averaged for # vessels fishing - 69 $ (2,371,522) per vessel Bristol Bay Opillo Crab Ratz: 43,700,000 avg. harvest lbs. Historical 2005 Captain & Crew % of Adjusted Gross 34.6% Participation Ratio Less: Captains at 3% -3.0% C- Shares (approx.) Net Property Taking of Capt &Crew Historical Shares -31.6% Decline of IFQ IF: IFQ Market Value /Share Set at $8.00 $ 349,600,000 THEN: IFQ Takings from C &C = $ (110,473,600) In 2010 Lbs. level Plus: Annual Takings (est. avg.)* $ (8,470,000) Times: 5 years of program to date 5 $ (42,350,000) $ (152,823,600) Denied pay to C &C Averaged for # vessels fishing - 67 $ (2,280,949) per vessel COMBINED TAKINGS FROM C &C to -date, BSK & BSS $ (316,458,600) • • Bristol Bay Red King Crab - pre- & post -ratz BSK Red Per. Lb. Harvested -and- Percentage Drop in Capt &Crew pay as % of Gross 2004 Cf Adj. No. Boats Capt. & Price per 2004 Capt. & Capt. & Crew's Est. 5/Lb. O NB: Table shows 55 Crew Pay Mean Lbs. Est. Total Lbs. in Catch Lb. Total ex- vessel Proportion of Total O boats per Quartile per Quartile - Harvested Quartile (COAR ex- Crew equiv. Value Est. Ex- Vessel Value Harvested paid N Approx. % of vessel) $ /Lb. (est.) to Capt. & Crew Gross 1st Quartile 52 35.20% 31,614 1,643,928 $ 4.69 $ 1.65 $ 7,710,022 $ 2,713,928 $ 1.6509 2d Quartile 52 34.50% 53,948 2,805,296 $ 4.69 $ 1.62 $ 13,156,838 $ 4,539,109 $ 1.6181 3d Quartile 52 36.70% 71,054 3,694,808 $ 4.69 $ 1.72 $ 17,328,650 $ 6,359,614 $ 1.7212 4th Quartile 52 36.30% 110,466 5,744,232 $ 4.69 $ 1.70 $ 26,940,448 $ 9,779,383 $ 1.7025 Calculated total pounds involved - -> 13,888,264 $ 4.69 $ 65,135,958 $ 23,392,034 $ 1.6843 Actual Catch - in pounds 13,889,047 100.01% I 3519 %!i :LjYJ 55 55.003 Math Note: Adjusted No. of Boats from 55 down to 52 in order to make . the total pounds add up to the actual harvest, when using the average i (mean) lbs. harvested in each quartile. 2009 Price per Capt. & Crew's t31 Adj. No. Boats Capt. & 2009 Capt. & Est. $ /Lb. O NB: Table shows 16/17 Mean Lbs. Est. Total Lbs. in Catch Lb. Total ex- vessel Proportion of Total per Quartile - Crew Pay Crew equiv. Harvested paid O boats per Quartile Harvested Quartile (COAR ex- Value Est. Ex- Vessel Value N Approx. % of $ /Lb. to Capt. & Crew Gross vessel) (est.) 1st Quartile 13 27.70% 92,251 1,199,263 $ 4.67 $ 1.29 $ 5,600,558 $ 1,551,355 $ 1.2936 2d Quartile 14 20.00% 184,818 2,587,452 $ 4.67 $ 0.93 $ 12,083,401 $ 2,416,680 $ 0.9340 3d Quartile 13 19.70% 300,835 3,910,855 $ 4.67 $ 0.92 $ 18,263,693 $ 3,597,947 $ 0.9200 4th Quartile 13 14.70% 512,418 6,661,434 $ 4.67 $ 0.69 $ 31,108,897 $ 4,573,008 $ 0.6865 Calculated total pounds involved --> 14,359,004 $ 4.67 $ 67,056,549 $ 12,138,990 $ 0.8454 Actual Catch - in pounds 14,337,872 99.85% I ':x281 % 44 16.5 16.476 Reduction in C &C Portion: Total $ reduction Drop Per Lbs I Math Note: Adjusted No. of Boats from 16/17 down to 13/14 in order I to make the total pounds add up to the actual harvest, when using the $ (11,253,044) $ (0.8389) i average (mean) lbs. harvested in each quartile. 1. .,: % Drop on per Lb. basis to C &C => - 49.8% • Prepared by Stephen Taufen 11/30/2010 Page 1 Bristol Bay Opilio Crab - pre- & post -ratz BSS - Opilio Per. Lb. Harvested -and- Percentage Drop in Capt &Crew pay as % of Gross 2005 Price per Capt. & Crew's 111 Adj. No. Boats 2005 Capt. & Est. S/Lb. p NB: Table shows 36/37 Capt. & Mean Lbs. Est. Total Lbs. in Catch Lb. Total ex- vessel Proportion of Total 0 per Quartile - Crew equiv. Harvested paid boats er quartile Crew Pay Harvested Quartile N Approx P (COAR ex- Value Est. Ex- Vessel Value % of vessel) $ /Lb. (est.) to Capt. & Crew Gross 1st Quartile 32 32.40% 93,280 2,984,960 $ 1.81 $ 0.59 $ 5,402,778 $ 1,750,500 $ 0.5864 2d Quartile 33 36.10% 134,285 4,431,405 $ 1.81 $ 0.65 $ 8,020,843 $ 2,895,524 $ 0.6534 3d Quartile 33 35.80% 171,446 5,657,718 $ 1.81 5 0.65 $ 10,240,470 $ 3,666,088 $ 0.6480 4th Quartile 33 34.00% 297,069 9,803,277 $ 1.81 $ 0.62 $ 17,743,931 $ 6,032,937 5 0.6154 Calculated total pounds involved - -> 22,877,360 $ 1.81 $ 41,408,022 $ 14,345,049 $ 0.6270 • Actual Catch - in pounds 22,655,777 99.03% I 1?34:6 % ;.. 33 32.680 I Math Note: Adjusted No. of Boats from 36/37 down to 32/33 in order to '. I make the total pounds add up to the actual harvest, when using the average (mean) lbs. harvested in each quartile C 2009/10 Price per Capt. & Crew's Adj. No. Boats 2009/10 Est. $ /Lb. NB: Table shows 17/18 Capt. & Mean Lbs. Est. Total Lbs. in Catch Lb. Total ex- vessel Proportion of Total cr, boats per Quartile per Quartile - Crew Pay Value Est. Ex-Vessel Capt. & Crew Harvested paid p Approx. % of y Harvested Quartile (COAR equiv. $ /Lb. Value to Capt. & Crew N Gross 1st Quartile 16 27.80% 300,835 4,813,360 $ 1.45 $ 0.40 $ 6,979,372 $ 1,940,265 $ 0.4031 2d Quartile 15 24.40% 512,418 7,686,270 $ 1.45 $ 0.35 $ 11,145,092 $ 2,719,402 $ 0.3538 3d Quartile 15 21.00% 736,305 11,044,575 $ 1.45 $ 0.30 $ 16,014,634 $ 3,363,073 $ 0.3045 4th Quartile 15 19.50% 1,311,810 19,677,150 $ 1.45 $ 0.28 $ 28,531,868 $ 5,563,714 $ 0.2828 • Calculated total pounds involved - -> 43,221,355 $ 1.45 $ 62,670,965 $ 13,586,455 $ 0.3143 Actual Catch - in pounds 43,193,971 99.94% , tin fji(21':7 %j''??';. I Volume adjustment 1.91 15.5 If adj. to low 2004 harvest = $ 7,126,265 - - 15.490 I Math Note: Adjusted No. of Boats from 17/18 down to 15/16 in order to ! -- make the total pounds add up to the actual harvest, when using the Reduction in C &C Portion: Total $ reduction Drop Per Lb. average (mean) lbs. harvested in each quartile. $ (758,594) $ (0.3127) I Total Drop adj. for Volume = $ (7,218,784) $ (0.319) s i{Ca u % Drop on per Lb. basis to C &C a -49.9% Prepared by Stephen Taufen 11/30/2010. Page 1 [PNCIAC] Pacific Northwest Crab Industry Advisory Committee (2006). Minutes from May 23 meeting. PO Box 969, Edmonds, WA. May 2006. Sackton, John (2007a) "2007 Market Analyst Report on Red King Crab ", August 25, 2007. Sackton, John (2007b) "Golden King Crab Price Formula Arbitrator and Market Report", June 25, 2007. Sackton, John (2007c) "Snow Crab and Bairdi Market Report", August 25, 2007. Sackton, John (2010a) "Non- Binding Price Formula for red king crab Opilio, Bairdi and St. Matthews blue king crab ", August 25, 2010. Sackton, John (20I0b) "Golden King Crab Price Formula Arbitrator and Market Report", June 25, 2010. Turnock, B., and L. Rugolo (2007). Stock assessment of eastern Bering Sea snow crab. Appendix A, Stock Assessment and Fishery Evaluation Report for the King and Tanner Crab Fisheries of the Bering•Sea and Aleutian Islands Regions. North Pacific Fishery Management Council. Anchorage, AK. September 2007. 16 LIST OF PREPARERS Mark Fina Diana Evans John McCracken Jeannie Heltzel Glenn Merrill Michael Fey Don Schug, Northern Economics 17 PERSONS CONSULTED Keith Colburn Joe Plesha Steve Minor Edward Poulsen Gretchen Harrington Einar Sorvik John lani Lenny Herzog Arni Thomson Linda Kozak Bing Henkel Greg White Joe Sullivan John Sackton Jake Jacobsen Don Giles Terry Schaff Ken Dorris Louie Lowenberg Forrest Bowers Krista Milani Wayne Donaldson Doug Pengilly Stefanie Moreland Herman Savikko Dave Hambleton Kevin Kaldestad Jim Stone Tyson Kade Jeanette Alas Tom Suryan Spencer Bronson Lance Farr Rob Rogers Elizabeth Wiley Brett Reasor Five -year review of Crab Rationalization 147 Program for BSAI crab fisheries — December 2010