07/09/1975KODIAK ISLAND BOROUGH ASSEMBLY MEETING
SPECIAL MEETING - JULY 9,1975
CALL TO ORDER
The meeting was called to order by Deputy Presiding Officer Cathay at
7: 50 p.m;; in the Borough Meletilig'Rbom, Borough Building, Kodlak,
Alaska.
11 ROLL CALL
Present
1 't L 1
Alis'ent"
J
Tom Terry; Mayor " 'Sven IiaakaiiSoii? (urtexcused)
Dri Mkhael Cathey - .•Alexis Panamsi$tf,liec (excused)
Mr. Mori Estes' Nicholas Pesi'rlkdfWq(dnexcusedj
M't'l o'inan Sutliff
Mr: Wilton White ;. __ ,. • :JS VC-
sly n:.. tettu!t! "I. ;i■•
Members bf the 04diance included'; JateWick;'Karl ArmstrditCharles' ' `'- •
Naughton, Allen Panamaroff, Harry Carter, Cecil Scholl, Ruth Gunderson,
Nell Waa','hobWMe, Dan Farrar, Bob Craig, Craig Bishop, Will Cariss,
Jerry Hoft''6 r Mikan/ft; Jim Barton'erfirfrbhi • Btili'{dn, PatPbland :' "'
( 9. lof y�.n.. iIt .I I`J Ibc t'.. •b. •.iHgl' .[
III ITEM OF ROSINESS''' i` I. v ie Joni P' I'.':t< ^'
A. Establiihihe$t'of Policy of the Borough A'aserahly'regardlrttedie Woody
Island seiectkh4i4d Seiectldn of Borough Contrati gAtticomifi.ride)fpolierI 94.
statement Oa% Mead thtb' the' recor'd by the Bbrobgh Mayot+lststIMJ in- part:' that the Borough hasiin•obligationto the total Nedfdenta `'t$Ytkhis •'O "�•:
obligation should not be relinquished. The Assembly is charged with the
task of doing afl{rfhing to obtain the land coiled out in Olio' Stitehbod Act
and in order to do this'mUstcttallenge the *tap Filint6tMaitYds -now held'
in Tentative Approval b4r the Kodiak Island Borough.''t'hil Assembly should ' -r e";
determine the legality Of Patents, tentative apprbval,rfrfed'ofr and
prior use lands to attempt to get patent's on the ktSl lettitrienikint as
allowed bythe Statehood'Act' •and the guarantee Of US t'be' available to I
the Borough for use aethe Assembly'deems HeeelsatW' WthI* would mean.• • It.
that the Borough ettatksthe Nativ% Ciaitnewt ieg6Giti6ns or qualtficattoS
of specific villages-in order tdreetievitiese lands, N4fr`is't a borough's "''
obfigatiOrtant InterOentbhrbf itlffytprtfitgroup into munidipal powers should
be discouraged.
x,. ..h.(;,<.1.1113(4
Mr. White noted that after the Worlkltbsslen held en Monday nightwithithe
Board otDirectors of KonitifbileI Sd'second- thoughts•on this matter: the •
was notysure'that with a credible l&ne of landiiwother hands ' I !i
the Borough•has to be Invoivedlnracqulring.landfor sale'; however ufttHM1.: •
there istsome othew established credible source+that would tree land for salts.
It remains the obligation ot'ths)Borotgh.to•contlnue, if we can do so lega/ly;'J•�
until someone eIsecomes up•with a plan. Mr. White further indicated that -I I 1J91
he was sure he would support the'philosophy'ofthe•Borough• notbaing in land
business If there it :another plan beforeus for sate'utland, • however this. - • .F•
should not necessarily stop pursuant of acquisition of land until a firm plan is
established;-• If the Borough has ,the legal- Nghttoobtain lands then these
lands shoidd beevailabie.for everybody Mvti Whits requested'speelfiCuta wo
comments about lands requiredlor planning 'Mnd.whatthe.Plannerhad In amu ,y' ..
mind for the land. uses in accordance ' the'Comprehensive Plenuetllhncs IO,nzt
Borough hasnmade some - definite eommittaant! and feet that - we areabligetat to .s.:.
to take a'strotg position to•protect tie. validity-at tha•Iand sat& In ane. no . inc
At the time& these sales: there •was,a definite need'for lanchelthtnthetboraugtu
Further :have:an-obligation to all 'members 'of the borougtrt0atabUsirth&'e' It
borough's authority and position in acquisition of land. Feel that the Borough
must have some authority for some selection despite the fact that the Native
KIB ASSEMBLY MEETING - SPECIAL - JULY 9, 1975 Page 3
Mr. White moved that the Borough Assembly authorize the Borough Mayor
to proceed with consultation with the Borough Attorney, State Division of
Land, Bureau of Land Management, BIA, , any other agency including
Koniag or the individual native corporations he may feel will be beneficial
in outlining a synopsis of the Borough's position regarding land selection
in the Kodiak Island Borough and the Kodiak Municipal area, the municipal
area to Include but not limited to that land generally encompassed by the
road system. I would like to have subjects being researched to include but
not necessarily be limited to: the Borough's land selection, the validity of the
Bells Flats' sale that we have conducted in the past; the validity of the Bells
Flats selection in its entirety; the validity of the Chiniak selection and
proposed sale; validity of the Woody Island Certification and an opinion or
paragraph or resume on which Borough selections were valid and which
were not, in legal context. I would like to have him include as part of this
any written evidence that he has regarding protests or objections that we
have received in the past from any individuals or corporations regarding
these actions. Further that the Borough acquire whatever information Is
necessary for us to proceed with land management and planning obligations
that are allocated by statute to the Borough; that the Mayor as part of this
presentation give In resume the consolidated findings of the agencies consulted
regarding the Borough's authority and obligations for the selection and
acquisition of public lands. Seconded by Mr. Sutliff.
At this point the meeting was opened for comments from the floor and Mr.
Aitnstrong noted that he did 'not feel that the Borough should be using his
tax money to fight him and that he planned to bring personal action against
the Borough and against each individual members and that there would be
other actions being brought by other agencies. Mr. Armstrong was of the
opinion that this action by the Borough would be fighting the land claims
all over again. He further stated that the Department of Justice is going to
file trespass action against the Borough, both as individual borough members
because of action and as members of the borough assembly.
Mr. Estes stated that as he saw the motion it was only to obtain information to
determine thepdsltlon of the borough - if the borough is In error in past sales
th4borough would like to know, and should be able to obtain Information if
the lands we selected area ailable. The action would notrnake war on the
land claims, this would be the determination of the borough 's position.
Mr, Armstrong went oretnaey that the members on the e;sembly.were appointed
and did not represent him and that the borough if they proceed along this line
is embarkingon a veryltxpensive course that will cost the taxpayers a considerable
amount of lnoney. ;c- . U2 i.• - _. , ...
Mr. Jdck'Wick spoke bnifthccemments made by, the assembly members - one that
the Iaws'arib* wrong -end enether that the comprehensive plan must be followed,
and thrill t irrextmonlat'yeu•areturning this matter over to the mayor to:
Zook Into And Maki recorihHilrndatlofs. and further thinking -about changing a
position taken previoi1sty bY the Sdtough. • What you•are asking will not change
the msyor's'opinlon. Thiel was ample time to oppose the Woody Island selection
at the time It was made -'thii assembly Is flvs years behind Koniag, It haa.taken
five years to get to thtcaciiitt and wi have no Intention of waiting another five
years for the borough to catch up.
Mr. White went on to note that at the previous meeting Mr. Armstrong
had indicated that the Woody Island selection had passed all tests and
if this is true thea.tbe_reauested action will not have a bearing on the
certification of thdtVLif'ai
'is.
KODIAK ISLAND BOROUGH SPECIAL MEETING
JULY 29, 1975
T
II
Norma L.
CALL TO ORDER - Call to order by Deputy Presiding Officer
Dr. Cathey at 9:05 a.m. in the Mayor's Office, Borough Bldg.
ROLL CALL
Present
Dr. Cathey, Presiding Officer
Mr. Tom Terry, Borough Mayor
Mr. Wilton T. White
Mr. Norman Sutliff
Mr. Murl Estes
IZI PURPOSE OF MEETING
Absent
Mr. Sven Haakanson (excus
Mr. Alex Panamaroff (excu
Mr. Nicholas Pestrikoff
(excused)
A. Ratification of the Election Judges for the Special
Election - August 5, 1975
The list of the judges for the August 5, 1975, Special
Election on reapportionment was presented. Mr. Sutliff
moved for the ratification of the judges as presented,
seconded by Mr. White. The question was asked as to
whether or not these judges had been used in previous
elections and it was noted that they had worked on
previous election boards. A form is mailed to the Chief
Judge in each precinct and she in turn fills this out
and returns it to the Clerk.
The question was called and motion passed by unanimous roll
call vote.
IV ADJOURNMENT
Mayor
ATTEST: APPRO
t, Boroug lerk
mas D. Terry,