02/22/19792 n 7 1 7
KODIAK SPECIAL 'FETING- FEBRUARY 22, 1979
(A Verbatim
File in the Clerk's Office)
ISLAND � Record is ASSEMBLY
a or betty J
CALL ee ORDER
The meeting was call
the Borough called for "eating Room
6:05 P.n. in tho
II ROLL CALL
Present
. Arnold Hansen
1!r. Edward Jack
Mrs. Sandra Kavanaugh
Mr. James Peotter Wallin, Mayor Mrs. Betty
A quorum was established.
Pennington, Chairman 03S
III ITEMS OF BUSINESS 1975 re: Items 1, 2 ,
Mayor Wallin Con riad letter February 20, er brom Hank
Advisory Council dated
1
Wallin at
fbsent �- (excused
mac ?c. -'.el Emmi:
Mr. William Fearn (excused)
!r. Dan Ogg (excuse
q and 5. a Delay in Scheduling Lease
Requesting n moved
1. Resolution ,o St R Strait u arse_ moved Sale for Shelikof Strait until after 1985. i1r_C Anse___._
f Resolution_"7.`? -9-R— Seconded by_. t° amend
resolution, Mr.- Jack moved.- Ctrs.
for adootga? o Seconded_ by.
, he titlesim read the after- 1985"- -roll call- vote' . sin
the title b addi ge d unanimous
Aot}on parr ed..by -. Mr,.Peotter moved
i:avanau � nimous roll _-l- VOtthe last..paragrap h.
ca 1
note_ me earn =ed in ntil after 1985' t___ - call
S de Y M J _ Mot D..carr3ed-by unenimous_roll
vote. Lr.pact
!:79 -10 -R Authorizing a Coastal Energy for
Resolution Fund o.C.S. Impact Update read
2. A ndct eon to Mr. Hansen
Program Gran PP the Bottomfish PotfoTladoption of
thelresf Strait and h moved -
Mra_Ka-v Mr, '_Pcotter. notion- .carried
the resolution. Secended_by =
c_esoluticat_ N7 @-10 -R_ - vote.
by unanimous roll call Shelf
o S taff Support for Outer Continental
Mr. Jack read the correspondence. It was
3, Authorization funds budgeted that could
estabti5 ed that. were unused for the
that there and operating requirements neaps
ba a o d the staff
be used in p ear. +r. Feottt' moved that - the as outlined
balance is f the c e andd secretarial hell be provided sd _ l i ned
sary_o De spac an from the account_specif.l
ki Dr Denser. and be t carried by_ unanimous roll call vote.
4. by Mr._- aansen _Motion
.f-o ,'Cministration and O.C.S. Advisory sis.
Proposals L ,.a ; or ;- r.a'_i cn ton letter of February 20,
Council to Open r for Bottomfish lnaly r gdests for suggested a
1r D referred to t'r. P
proposal from Faroe Fishcon• It was this
k
r eq and for rr who sP coati for a
kind wor to mi eeandal firms
determine and select methodouldd be in-
s t u d of work to Methods of financing tco stated he felt a
ves ty of d hit t h e ,C penning valuable to the
vestigated dd at the same time. f study would be very va explore t all
company doing this type
was stated that administration of this program. Ctr_e,ck
borough. It matter_ and the
possible options for the funding roach to the_
1) the assembly.would the
moved to follow Mr. Denalow�g_?P4 - - - - -� inis-
heh as outlined: conjunction with the a m be
stage - _ - Council in conjun. 2) "rfn.
o.C.S• Advisor--. for pro posals -. d evaluated and ould
sent out a a propuest _ ate funding
sent mrt and ti on would would be-reced too.in
be authorized Vestig au h moved _ that-
8) administration would Mrs. Kavan- g.- for
sources,._ Motu was.wl t ze_t h e • manager to. reGMests .
y authorize_the.. [a ,arisen.
the KIB assembl fish analysis'_.S?co e esUbY
pro sale bottun animous_roll call._
Motion carried_ by___
) ' 2 1 7 1 ^
KIB ASSEJ3LY SPECIAL MEETING- FEBRUARY 22 1979
PAGE 2
5. Authorization Letter to - rational "arine Fisheries .Service
Regarding Fishermens Contingency F'nd (Title 4 of O.C.S. Lands
Act Amendments of 1978). ,.r,
of inforration to be .e.d D^"slew ;.�_.te1 there were two pieces
` 1) De7artment of
Cosr.,erce, National Oceanic and Atmospheric A ministration's
description of the Fisherman's Contingency Fund and 2) a
example letter from :-1vin r. 3urch, Me_nager, Alaska Shrimp
Trawlers Association to :-a. : 'ichael L. frable, ;:-,tional
Marine Fisheries Service, 'i.ishington, D. C. dated February 12,
1979 outlining some specific concerns about the limitations
to the Fisherman's Contingency Fund (Title TV of O.C.S. Lands
Act Amendments of 1978). It is felt that the recompense for
losses of gear below water is not adequate for Alaskan areas.
Mr. Pennington stated he felt P ir. Burch's letter summarizes
the critical points. Mr. Hansen moved the manager be author -
iged to send a letter to the S'tio Marine Fisheries Service
that the_suppo fishermo?'s contingency fund is totally in-
adequate for the Alaska area. Seconded by Mr. Jack. Motion
carried by unanimous roll call vote.
6. Legal Services Authorization on Lands :Tatters. Explained
the Bierne Amendment is now before the Supreme Court in a
challenge case. Should they rule in support of the Bierne
Amendment it could create some problems relative to the status
of the municipal land selections of the boroughs. Borough
attorneys involved have suggested that it be apprc,riate that
a joint legal action be taken in the event the ruling is in
support of the Bierne Amendment. 1 r. Lekisch, KIB attorney,
recommends participating in this joint action and would advise
of the details at a later time. sirs. P moved to defer
I ems_6 7_and 9 until the regular meeting 'arch 1,,,1979.
Motion._died_for lack of a second. Mrs. Kavanaugh stated she
would rather see a full assembly vote on these items. Mr.
Hansen moved to authorize the manager to join in with_the_rest
od.the boroughs oB__the legal services. Seconded by Mr.
Peotter.__ _?otior_failecj_'•ir. Hansen, ter. Jack and Mr. Peotter
voted with_Mre. Yavanaugh..casting one 'qO vote.
7 . Report from P 6 Z Commission on Ordinance '.'79 -1 -0 (A). , +r.
flaagen moved to adopt Ordinance (1 -1 -0 (A). Seconded by Mr.
Jack. Mr. Busch, chairman of the C Z Commission explained
the changes in the original ordinance. Stated that the
commission was satisfied with the present provisions. Mr. Bars
stated he and Dr. Furin were satisfied with the ordinance as
amended. The Code of Ordinances governs the penalties in the
event of default. Mr. Denslcw ruggested the developer be asked
to sign a statement of their acceptance of the provisions of
Ordinance 1179 -1 -0 (A). This was agreed upon. Motion carried
b uanmous_roll_call vote.
3. Referendum Petition Regarding Ordinance !78 -34 -0. Mrs.
Kavanaugh moved that action be deferred until the March 1st
meetinII. Seconded_by_r. Jack. It was explained that time is
the essential issue. The resolution could be presented at
the March 1st meeting. Notion failed. Mr. Jack and Mrs.
Kavanaugh voted YES withyr. Hansen and Fr. Peotter casting HQ
votes. Mrs. Kav_enau moved that_an ordinance be preRared to
re eat Section 2 of Ordinance $78_
Motion failed 1- 3•,Mr. Jack cast one YES votenwithbyr. Hansen,
Mrs. Kavanaugh_and Mr. Peotter voting - ._ed '
have the clerk_draw _ '''O• 'r. Hansen moved
to
h
Tuesday Aril 24 :p_�'es to hold a s i
Motion
--i -P_ x1979. Seconded b/ Mr. Peotter, Hoton
carried by_unanimous roll call vote. Nrs. Kavanaugh moved to
recoiide^ TI G. Seconded by Mr. Peotter. Fio +4on carried by
1
4
4
19 'l ' '> ? 1 7 1 9
KIB ASSEMBLY SPECIAL MEfiTI4G - FEBRUARY 22, 1979 PAGE 3
unanimous roll call vote. Mrs_ Kavanaugh moved _Item 6 be
defgrzed to BArch 1. Seconded by Nr. Peotter. Motion
failed 3- Mr. J_ack and_ "r. Peotter voted
YES with Mr. Hansen cAgting one '+0 vote. This item will be
brought up at the March 1st meeting.
IV ADJOURNMENT
?fleeting adjourned by Mayor '7allin at 7 P.M.
ATTEST:
Borough Clerk`