Minutes of the Regular Meeting
Denali Borough Assembly
McKinley Village Community Center
January 13, 2002
CALL TO ORDER Presiding Officer Jerry Mueller called the regular meeting to order at 3:05 pm.
ROLL CALL Assembly members present were: Sid Michaels, Jim
Caswell, Jerry Mueller, David Talerico, Teresa Usibelli, Jim Payne, Gerald
Pollock, and Mayor Gonzales. Assembly
members absent were Carol Shields and Teresa Hall.
MUELLER entertained a MOTION to excuse the absent Assembly
members. PAYNE so moved and MICHAELS
seconded. The VOTE was unanimous.
PLANNING 1.)
Discussion regarding land use classification in the Denali
COMMISSION Borough.
MUELLER
said he had requested that this issue be put on the agenda. He said he believes it is time for the
Borough to begin the process of classifying lands. MUELLER said several State agencies and individuals had approached
him concerning this issue.
MICHAELS
asked if he was talking about zoning.
MUELLER replied yes.
David
Braun, Healy resident, said Alaska Statutes state the Borough must provide for
land use planning. He asked if anyone
had clarified what the word “provide” would entail. MUELLER said no one he had spoken with had asked that
question.
MICHAELS
reminded the Assembly that the area around the Borough Landfill was zoned
industrial by the Borough Assembly. He
said that that zoning coincides with the City of Anderson’s land, which is
adjacent to the Borough land.
Denali
Borough Land Technician Gail Pieknik, said the Alaska Railroad Corporation
(ARRC) has contacted the Borough office and wants to work in conjunction with
the Borough once the Borough classifies the lands adjacent to theirs.
CASWELL
stated that the unrestricted designation was for the initial zoning of the
entire Borough. He said the residents
could change that designation if they so desire by approaching the Assembly
with their proposed changes.
MICHAELS
asked Pieknik to verbalize some proposed changes. Pieknik said residential, industrial, commercial, etc.
Braun
said the Assembly had reconignized that there could be a conflict near the
landfill, so they need to be aware that there could be these types of conflicts
elsewhere in the Borough.
Discussion
followed and Pieknik said the next spot the ARRC is looking at is south of
Healy on the East side of the Parks Highway.
Mayor
Gonzales reminded the Assembly that there is a resolution coming before the
them that addresses working with the ARRC.
He said that resolution is important for the economic development of
ARRC lands.
TALERICO
said ARRC has approximately 4,000 acres in the Borough that are available for
lease.
Steve
Jones, McKinley Village resident, said DNR has not updated the Tanana Basin
Area Plan every five years like they are suppose to. He said the DNR would go along with any classification that the
Borough puts on the lands.
MICHAELS
suggested referring this matter to the Land Use Planning Committee (LUPC).
TALERICO
MOVED to refer this matter to the LUPC, and ask them to come up with
definitions and classifications for Borough lands. MICHAELS seconded.
Linda
Paganelli, Healy resident, encouraged the Assembly to proceed with this issue,
and solicit input from the residents.
She said the Borough has been chastised in the past for their minimal
experience with Land Planning. She
asked if the motion was for just Borough lands. TALERICO replied yes.
CASWELL
cautioned that we do not go overboard and try to classify all the Borough’s
Entitlement of 49,000 acres. He said
some of the lands do not need to be reclassified.
PAYNE
called the question. The VOTE was
unanimous.
2.) A resolution denying a variance request and showing
findings of fact on Lots 2A and 2B, within Village View Subdivision.
MICHAELS said the Borough code states that when the Planning
Commission takes action it should be by resolution. MICHAELS MOVED to amend the proposed resolution by changing the
title to reflect that this resolution is an act of the Planning Commission, and
it should be attested by the Planning Commission Chairperson. CASWELL seconded. MICHAELS suggested a different numbering system that Assembly resolution
to differentiate the two, such as PC02-01.
The VOTE was unanimous.
MUELLER entertained a MOTION to adopt this resolution. PAYNE so moved and MICHAELS seconded. The roll call VOTE was unanimous. This will be Resolution PC02-01.
MINUTES MICHAELS MOVED to adopt the minutes of the October
28, 2001 Special meeting. PAYNE
seconded. The VOTE was unanimous.
CASWELL MOVED to adopt the November 9, 2001 Canvass meeting
minutes. MICHAELS seconded. The VOTE was unanimous.
MICHAELS MOVED to approve the November 11, 2001 work
session, public hearing and regular minutes.
PAYNE seconded, and the VOTE was unanimous.
MICHAELS MOVED to
amend the December 9, 2001 work session, public hearing and regular minutes by
dropping Scott Stowell’s name from the roll call in the regular meeting
minutes. PAYNE seconded. The VOTE was unanimous.
MICHAELS MOVED to approve the above mentioned minutes. CASWELL seconded.
USIBELLI moved to amend page 8, line 22 of the Regular
meeting minutes. USIBELLI clarified her
statement. The Clerk so noted. POLLOCK seconded. The VOTE was unanimous.
The VOTE to approve was unanimous.
FINANCIAL The Chair entertained a MOTION to receive the October
REPORT 2001 financial report. MICHAELS so MOVED and PAYNE seconded. The VOTE was unanimous.
MAYOR’S Mayor Gonzales said the City of Anderson is coming
alive
REPORT again with the Air National Guard bringing in new
people. He attended their Council
Meeting and it appears like the Guard is looking for housing for their members
in Anderson.
Mayor
Gonzales attended the Parks Highway Electrification meeting in Fairbanks along
with the Interior Delegation. He said
they are moving forward with their request.
Mayor
Gonzales attended the DOT meeting regarding the Railroad Crossing at Rex
Bridge. He said some of the residents
near the effected are were not too happy with the proposed project. Mayor Gonzales said he suggested that the
project personnel meet with some of the residents one on one. He said DOT is going to follow that
suggestion.
The
Mayor met with Senator Therriault in Fairbanks to discuss the Borough’s
concerns for the upcoming session.
Mayor
Gonzales let the Assembly know that a citizen has obtained legal counsel
regarding how the Administration is doing business. He said the office is following the Borough Ordinances and the
Office Policy. He said this issue is in
the hands of the Borough Attorney. He
said he welcomes the proposed agenda that addresses public records than will be
discussed later in the meeting.
MICHAELS
asked the Mayor for an update on the State Reapportionment lawsuit. Mayor Gonzales said he had testified as well
as the Mat-Su Borough Manager, and the Mayor of Delta.
Paganelli
asked the Mayor, via the Presiding Officer, what was happening with the
Northern Access EIS. Mayor Gonzales
said nothing is happening right now, but the Legislature will be asking DOT why
they are stalling the project.
SCHOOL DIST. Denali Borough School District Superintendent Chris Hagar
SUPT. REPORT gave a verbal report based on his written report.
Hagar
said the firm chosen to handle the Tri-Valley Upgrade would be coming up here
in March if any Assembly members want to meet with them.
Based
on the report, CASWELL said he is thankful for what the school has done for the
community, but the Cantwell residents want to be able to get online when they
want to not just when it’s allowable.
Hagar
said MTA has expressed an interest in providing the Internet service.
Mayor
Gonzales stated that last fall he met with MTA to discuss the lack of Internet
access in Cantwell, and he was assured they would address the issue within six
months. He said he would contact MTA
for a progress report. Hagar said he
would be happy to approach MTA with the Mayor.
ASSEMBLY PAYNE said he had also heard DOT was going to meet one
on
COMMENTS one with residents concerning the railroad crossing near
Rex Bridge. He also said the Air Guard
has formed a committee to select qualified individuals to fill the jobs they
have posted.
CASWELL
stated that in times past the Denali Borough was criticized for the minimalism
of our Comprehensive Land Use Plan.
That criticism came from Local Boundary Commission member Kevin Waring. Mr. Waring had previously applied to be the
company that put together the Plan, but was not selected. CASWELL said he smells sour grapes on that
one!
USIBELLI
stated that it seems like over the last few months some members of the public
feel they are having problems getting access to public records. She suggesting putting together an Ethics
Committee so the public can feel they are getting some sort of satisfaction
when they have a complaint.
Mayor
Gonzales stated that we do have a process if the people do not feel their
request has been satisfied. He said
first they come to the Staff, then the Mayor, Assembly, and last is the court system. He said the Ethics committee may be a good idea, but these people
still must follow the correct process to lodge a complaint.
Discussion
followed regarding this committee, and how it would deal with complaints from
residents.
David
Braun said he had taken the appropriate course of action regarding his
complaint. He thanked MUELLER for
responding to his email request. He
said the proposed ordinance is not what he asked for, and the office policy can
be changed by resolution. He said the
Assembly voted in December five to two that the public does have a right to
impact the minutes and correct what they believe are misquotes, or add or amend
the minutes. Braun said the ordinance
would have to go through four meetings before it can be voted on and it can be
voted down too. Braun said the Mayor
made many allegations against people in December about threats and harassment
of the office staff. He said he had put
in a request for a resolution and asked that the assembly suspend the rules and
add his or a similar resolution to the agenda this meeting so that he may have
timely access to the November and December meeting tapes.he said there was a
similar situation in Fairbanks and the lawsuit was won quite easily.
MUELLER
said an Assembly member would have to move to suspend the rules. Braun rephrased his request.
COMMUNICATION MUELLER
read a communication from Healy resident Neal
Laugman regarding his
new website.
MICHAELS asked if there is a
disclaimer on the site that says the site is not an official Denali Borough
site. MUELLER said it is Laugman’s
personal site, and he does not claim to represent the Borough.
RECESS MUELLER
called for a recess at 4:00 p.m.
RECONVENE MUELLER
called the meeting back to order at 4:15 p.m.
ORDINANCES 1.) Ordinance 01-10, version B, an
ordinance amending Denali Borough Charter, Article XI, Section 11.01, regarding
a sales tax.
MICHAELS MOVED to postpone Ordinances 01-10, 01-13, 01-14
until the July 2002 meeting, and PAYNE seconded.
The VOTE was unanimous.
2.) Ordinance 01-07,
Version A, an ordinance adding Chapter 22, pertaining to business licenses.
CASWELL stated that he would like to see a draft of an
application before he votes on this issue.
MUELLER entertained a MOTION to postpone this ordinance
until the next meeting when the Administration will be forthcoming with a draft
application. MICHAELS so moved, PAYNE
seconded. The VOTE was unanimous.
Mayor Gonzales said it might be the March meeting before the
draft is ready.
3.) An ordinance amending the Denali Borough Enabling Code,
Title 1, Chapter 4, Public Records.
(Next ordinance 02-01)
MUELLER handed the meeting over to CASWELL because he wanted
to address this ordinance.
MUELLER MOVED to introduce, and MICHAELS seconded.
MUELLER stated that this is a guideline for the office to
follow. He reminded the Assembly that
they are the legislative body and makes the laws and the Administration is the
one that enforces the laws.
Discussion followed concerning that this ordinance, like
other ordinances can be adopted in two meetings.
David Braun said he would like this cleared up today by
resolution. He asked why MUELLER did
not put forth a resolution.
CASWELL said that Braun’s comments are not within the narrow
scope of the question at hand.
USIBELLI stated that typically the Assembly takes an
ordinance to all four communities. She
asked why we are fast tracking this ordinance.
CASWELL said this is an internal housekeeping ordinance than one that
needs to go to all four communities.
The roll call VOTE was unanimous. This will be Ordinance 02-01.
MUELLER MOVED to postpone any action on this ordinance until
the next meeting, and MICHAELS seconded.
The VOTE was unanimous.
RESOLUTIONS 1.) A resolution
supporting legislation, authorizing the Alaska Railroad to lease land for 35
years. (Next resolution 02-01)
Mayor Gonzales stated that the Alaska Railroad has a lot of
land for lease in the Denali Borough, and those people have requested a longer
lease to better be able to finance the leased land. He said he had spoken with Charlie Boddy and Usibelli coal mine is in favor of this
resolution.
MUELLER entertained a MOTION to adopt, MICHAELS so moved and
PAYNE seconded. The roll call VOTE was
unanimous. This will be Resolution
02-01.
OTHER 1.) Draft proposed mail out regarding the
Special Election.
BUSINESS MICHAELS
stated that he did a little trial run of this as
presented and he came up with a draft with a few changes to
make it easier for the average person to understand.
MICHAELS MOVED to amend by substitution, PAYNE seconded.
USIBELLI asked if it would take the place of the election
posting.
POLLOCK said he would like a statement in the mail out that
says the boundary has changed.
Discussion followed, and POLLOCK MOVED to add, “please note
boundary change” on the bottom of the 3rd and 6th
paragraphs. USIBELLI seconded.
Paganelli asked if the mail out would contain the variance
percentage. MICHAELS said it’s very
hard to put six months worth of work onto a one-page document. Paganelli asked if we were concerned with
the variance percentage on the school board reapportionment ordinance. MUELLER
said the Borough School District is not required by Federal Law to meet a
variance percentage. He also said the
School Board is not required to reapportion themselves. Paganelli said she thinks the variance
percentage should be on the mail out.
Dave Braun said he would like to make a clarification that
the School Board never passed a resolution in support of the exact boundaries
shown on the ordinance. They wanted to
use the attendance lines, but left that decision open to be decided by Mr.
Hagar, a school board member, and the Deputy Presiding Officer of the
Assembly. Hagar said it was an effort
to take into account all the people in that area that attend the Tri-Valley
School. Braun said there is a question
if that takes in the whole attendance area.
The VOTE on the amendment was unanimous.
CASWELL stated that we do not want a Palm Beach situation
here, and he believes 85% of the people do not know what this is about. He would like to change the mail out so the
assembly matters are together, and the school board matters are together. The Clerk said in accordance with Borough
ordinances the special election posting, which numbers the propositions, has
already gone out.
CASWELL MOVED to amend the mail out to change the order the
proposition are on the page for clarification purposes. PAYNE seconded. The VOTE was unanimous.
Discussion followed as to what would happen if all or none
of the voters approve none of the propositions. MICHAELS said he would like a legal opinion on this issue. Mayor Gonzales said he would mention the
concern to the Attorney.
MICHAELS MOVED to approve the mail out. TALERICO seconded. The VOTE was unanimous.
The VOTE to amend by substitution, using MICHAELS version of
the mail out, was unanimous.
AUDIT 2.) Motion to accept the Borough Fiscal Year
2001 Audit.
MUELLER entertained a MOTION to accept the fiscal year 2001
audit. MICHAELS so moved and PAYNE
seconded. The VOTE was unanimous.
3.) Liquor licenses renewal request for Denali Grizzly Bear
– Package store.
CASWELL MOVED to take no action, PAYNE seconded. MUELLER asked the Clerk if there were any
comments made to the office. The Clerk
said no. The VOTE was unanimous.
4.) Training session discussion.
CASWELL MOVED to have DCED Local Government Specialist,
Irene Catalone teach the elected officials training. MICHAELS seconded. The
VOTE was unanimous.
After minimal discussion, the date was set as March 24th,
in Healy, at 1:00 p.m.
PUBLIC Hagar asked when the election would be
canvassed. The
COMMENTS Clerk said that issue would be on the next agenda.
Dave
Braun said he feels he has to address the Mayor’s comments that were made
during the last meeting. In this very
room last May the Mayor said that DNR was in favor of the HB 244, and he said
the Borough would be forced to do an EIS.
He said if there is some political gain to be made, then the Mayor
doesn’t hesitate to say things that are untrue. He said he would like to ask the Clerks if they have in fact been
threatened or harassed.
MUELLER said the question is out of order.
MUELLER said consequently, the Assembly has been forced into
tightening things up. He said things
use to be a lot more casual procedure wise to allow for maximum public input,
and now its time to tighten things up!
ASSEMBLY TALERICO
said he had some suggestions for better recording
COMMENTS equipment. The
Clerk requested that he provide that information to the office.
CASWELL
said he has known Mayor Gonzales for along time and he has always known him to
be an honest and forthright individual.
He said he does not share Braun’s sentiments in any way!
NEXT MEETING The next Assembly meeting will be held on February 10, 2002 at
the Cantwell School.
ADJOURNMENT MUELLER
declared the regular meeting adjourned at 5:10 pm.
Date Approved:
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