Minutes of the Regular Meeting

Denali Borough Assembly

McKinley Village Community Center

May 19, 2002

 

CALL TO ORDER    Presiding Officer Jerry Mueller called the regular meeting to order at 3:00 pm.

 

ROLL CALL               Assembly members present were: Jim Caswell, Jerry Mueller, Teresa Hall, Teresa Usibelli, Dave Talerico, Gerald Pollock, Carol Shields, and Mayor Gonzales.  Assembly members Jim Payne and Sid Michaels were absent.

 

CASWELL MOVED to excuse PAYNE and MICHAELS, and HALL seconded.  The VOTE was unanimous.

 

AGENDA                   HALL MOVED to approve the agenda, and SHIELDS seconded.  The VOTE was unanimous.

 

PLANNING                1.)  A request to subdivide:  Hendren-Brooks Subdivision near

COMMISSION           Cantwell.

 

                                    Mayor Gonzales said the Land Technician had a death in the family and was not in attendance to address this issue. 

 

CASWELL said the Technician had produced a favorable report for this request, and the Assembly had received a copy of the deed today.  

 

CASWELL MOVED to grant approval, and HALL seconded.  The VOTE was unanimous.

           

MINUTES                   1.)  April 14, 2002:  Work Session, Public Hearing, and Regular Meeting.

 

                                    HALL MOVED to adopt, and TALERICO seconded. 

 

CASWELL stated that the Staff had done an excellent job on these minutes, and suggested that these minutes be kept as a historical document.  The VOTE was unanimous.

 

FINANCIAL                MUELLER entertained a MOTION to receive the February 2002

REPORT                    financial report.   HALL so MOVED, and SHIELDS seconded.   The VOTE was unanimous.

 

MAYORS                   Mayor Gonzales gave an update on the northern access

REPORT                    reconnaissance study (NARS).  He said the TORA (Transfer of Responsibility Agreement) has been signed and approved.  He said the administration is in the process of recouping monies spent by the Borough on this project.  He said the overhead rate for the project is 13.9% for direct work.  Mayor Gonzales said he has met and will meet again with the Denali National Park Superintendent.  He said Superintendent Anderson seems to be a cooperative person.  He said this project will be completed in phases, and we are working on phase one right now.   

 

                                    Mayor Gonzales stated that people have asked him about HB 244, and there is nothing being done with that right now.  He said he has met several times with Mr. Joe Fields concerning this project. He reminded everyone that HB244 and NARS are two different projects.

 

DBSD SUPT.            Denali Borough School District Superintendent Chris Hagar

REPORT                    submitted a written report and gave a few brief highlight of that report.  He said they have experienced several maintenance problems as outlined in his written report.  He said the Board submitted a list of prioritized maintenance requests to the Assembly during their joint work session.  He said the first four items are crucial for the District.

 

Hagar stated that he wanted to thank the Assembly for the support that they have given to the school.  He stated that the enrollment looks like it will be up 7-8 students at the Anderson School, and it doesn’t look like the Usibelli Coal Mine layoffs will have a lot of effect on the Tri-Valley School enrollment.  Hagar said the District has been working with the Park Service to have the students build two cabins.  He said they are also working with the City of Anderson on a similar project.  

 

CASWELL said he would like to see the backup for the request for the funds to purchase a furnace for the Cantwell School.  Hagar said it’s a heat exchanger.

 

                                    2.) Personnel Committee recommendation.

                                   

                                    HALL read the recommendation (see attached).

 

APOINTMRNT           1.)  Appointment of Carol Shields to the Finance Committee Seat A.

                                   

                                    Mayor Gonzales recommended Ms. Carol Shields for the Finance Committee Seat A.   

 

                                    CASWELL MOVED to approve the recommendation, and HALL seconded.  The VOTE was unanimous with SHIELDS abstaining.

 

ASSEMBLY               There were no comments.

COMMENTS            

 

PUBLIC                      Village View resident Dulce Havill said she has been here since

COMMENTS             1986, and spoke in favor of the proposed amendment. 

 

Village View resident Steve Jones said he thinks that the Borough is heading down a road that they will regret in the future.  He stated that the borough government should not be getting into this kind of detail in this ordinance.

 

Village View resident Mary Pearson said all they want is a nice, quiet subdivision.   

 

Village View resident Martin Weiner said he has been here since 1986 as well, and he agrees with a majority of the amendment.  He said he has a few problems with the amendment like he plans to build a Bed and Breakfast and the amendment only allows for two rooms.  He said his land’s septic is set up for a B and B in the future.  He said another concern people have is traffic in the subdivision.  He said his driveway comes in off the Parks Highway.  He asked if what he has is considered “conditional use”, and asked what does “conditional use” mean. 

 

Borough employee Eileen Armstrong said in theory he would have to apply for a permit, and he would be in non-conformance with the current Plan if he proceeded to build.

 

Village View resident Linda Franklin said she and others have been working on this amendment for the past one and half years.  She spoke in favor of the amendment. 

 

Village View resident Joe Durrenberger said it is a reasonable and appropriate idea for the Assembly to adopt this amendment. 

 

ORDINANCES          1.)  Ordinance 01-07, Version A, an ordinance amending the Denali Borough Code of Ordinances, adding Chapter 22, pertaining to business licenses.

 

MUELLER entertained a MOTION to postpone this ordinance until July when the other proposed tax ordinances come before the Assembly.  TALERICO so moved and HALL seconded. The VOTE was unanimous.

 

2.) Ordinance 02-01, Version A, an ordinance amending the Denali Borough Enabling Code, Title I, Chapter 4, Public Records.

 

TALERICO MOVED to adopt and HALL seconded.  The roll call VOTE was unanimous.

 

3.)  Ordinance 02-02, Version B, an ordinance amending the Fiscal Year 2002 Budget.

 

HALL MOVED to adopt, and TALERICO seconded.

 

Mayor Gonzales said he would like the Assembly to address his requests for funds in two line items before they adopt.  The request added 43,500 to the dues, subscription, and advertising line item, and added $1,350 to the bonding and insurance line item.  HALL MOVED to amend as requested by the Mayor, and SHIELDS seconded.  The VOTE was unanimous.

 

The roll call VOTE on the adoption was unanimous.

 

4.)  Ordinance 02-03, Version B, an ordinance establishing the Fiscal Year 2003 Budget.

 

Mayor Gonzales said the Borough does not have the amount of funds that they normally have because of funding the Tri-Valley School Upgrade Project.  He said he has some more requests for funding that he supports: $39,194 for the School District, $5,000 for the Tri-Valley Volunteer Fire Department, and $5,000 for the Anderson Volunteer Fire Department.  He said if the Assembly decides to fund these requests, the funds would have to come out of their Budgetary Reserve line item.  Mayor Gonzales reiterated that he is in support of the Assembly funding these requests.  

 

CASWELL said the Assembly Budgetary Reserve amount is set by ordinance and he would like the administration to bring forth another ordinance to amend the FY ’03 budget ordinance, after this one is adopted as presented.

 

CASWELL stated that he has no problem with making the promise to the entities that made the funding request.  He asked if any Assembly members were opposed to his idea.  There were no dissenting comments from the Assembly.   

 

Minimal discussion followed, and MUELLER entertained a MOTION to adopt, HALL so MOVED and SHIELDS seconded.  The roll call VOTE was unanimous.

 

5.)  Ordinance 02-04, Version B, an ordinance establishing the Denali Borough six-year capital improvement plan.

 

MUELLER entertained a MOTION to adopt, HALL so moved and CASWELL seconded. 

 

CASWELL stated that he supports the projects that are listed, but he objects to the dollar amounts that are listed here.

 

Chris Hagar asked what would happen if the legislature decides to fund more projects than the ones that are listed here. MUELLER said the Borough doesn’t have the money. 

 

The roll call VOTE was unanimous.

 

RECESS                   MUELLER called for a recess at 4:09 p.m.

 

RECONVENE           MUELLER called the meeting back to order at 4:21 p.m.

 

6.)  An ordinance amending the Sub Area Land Use Plan for Village View Subdivision.

 

MUELLER entertained a MOTION to introduce, HALL so moved and SHIELDS seconded.

 

CASWELL asked if personally he would like to see let the community make up there mind before the Assembly adopts this ordinance.  MUELLER said the Assembly needs to adopt this before an election can occur in the Village View Subdivision.  He suggested changing the effect date of the ordinance to make it effective after the election in the subdivision.

 

Discussion followed, and the roll call VOTE to introduce was unanimous.  This will be Ordinance 02-05.

 

MUELLER entertained a MOTION to postpone this ordinance until the next meeting, HALL so moved and SHIELDS seconded.  The VOTE was unanimous.

 

7.)  An ordinance providing for an Ethics Commission and providing for disposition of alleged violations.

 

USIBELLI MOVED to introduce, and HALL seconded. 

 

HALL stated that USIBELLI brought this with her to the last Personnel meeting and they sat down and went through this and that the Personnel Committee is behind this.  HALL said there are a lot of changes that still need to be made.

 

CASWELL asked who was on the committee.  HALL said herself, Eileen Holmes, and Jenasy Jensen.  CASWELL said if he were a fan of this ordinance he could probably answer his own question, but he is not.  CASWELL asked if, according to this proposed ordinance, the Personnel Committee must follow through with all complaints, even if the complaint is frivolous.

 

HALL said she would assume that any complaint is going to be directed to the Commission through the Mayor’s office.

 

CASWELL said that is quite the undertaking as some of these complaints are frivolous.

 

HALL said there would be a form for people to fill out that will state what the exact violation is.   CASWELL said this creates an avenue for people who hate life or whatever to continue to keep producing paperwork.

 

Discussion followed and HALL said she believes that avenue is necessary.

 

HALL said this process is similar to an employee filing a grievance.  CASWELL said there are some similarities but there are differences as well.  He said this avenue allows someone to come really close to slandering someone. 

 

Discussion followed and HALL said we couldn’t deny them their rights.  CASWELL said no one had, and HALL agreed.

 

MUELLER asked if a separate work session to discuss this ordinance was necessary.  HALL agreed.

 

Healy resident Neal Laugman said the Fairbanks North Star Borough Ethics ordinance is a good starting point.  He said they have a well thought out procedure to handle these complaints.  He said their ordinance addresses the idea of a public official being slandered so it does not come to that.  He said the Chairman of the Ethics committee reviews in private the charges and considers whether there is a basis for a screened hearing.  Laugman said he agrees that it should not be an avenue for someone to cause trouble.  HALL said that idea was part of the Personnel Committee’s recommendation.

 

USIBELLI said part of the reason that this is simplified version is that there are complaints out there that need to be addressed.  She said the form would be signed by the complainant and notarized as well.  She said the form would say that the allegations must be true to the best of the complaintent’s knowledge or they can be committing perjury and can be prosecuted.  USIBELLI said when someone brings forth a complaint they must state which section of the Code has been violated, etc.     

 

CASWELL stated that perhaps there should be some penalties for a person that files a complaint knowing that it is unfounded.

 

Mayor Gonzales said the first thing that comes to his mind when he sees this ordinance is more government and more staff.  He said the ordinance requires that our Attorney hire another attorney to handle a complaint.  He said that would cost money.

 

USIBELLI said the North Star Borough’s Ethics commission met last week for the first time in ten years.

 

The roll call was: USIBELLI, HALL, POLLOCK, TALERICO, SHIELDS, and MUELLER were in favor, and CASWELL was opposed.  This will be Ordinance 02-06.

 

Discussion followed.  USIBELLI MOVED to refer this to the Personnel Committee.  HALL seconded.  The VOTE was unanimous.

 

RESOLUTIONS        1.)  A resolution supporting approval of Doyon LTD’s request for a gas exploration license from the Alaska Division of Oil and Gas.

 

                                    MUELLER entertained a MOTION to adopt.  HALL so moved and CASWELL seconded.

 

                                    CASWELL asked if Doyon owns this gas that is out there?  MUELLER stated that it is owned by the State.

 

                                    The roll call VOTE was unanimous.  This will be Resolution 02-06.

                                   

                                    2.)  A resolution of the Denali Borough Assembly to encourage businesses of the Denali Borough to request their employees reside in the area that they work.

                                   

                                    USIBELLI MOVED to adopt, and HALL seconded. 

 

                                    USIBELLI stated that what we see in our borough that business have there businesses in our borough and their employees live somewhere else.  She said this is not an attempt to regulate; it’s just to let the businesses know that we want their employees to reside where they work.  USIBELLI said that some Park Service and Clear Air Base employees work in the Borough, but don’t live in the Borough.

 

                                    HALL stated that she can support all of the whereases in the resolution, but cannot agree to the last statement in the resolution.

 

TALERICO concurred.

 

                                    The roll call VOTE was zero to seven, with all present in opposition.

                                   

                                    3.)  Annual asset allocation resolution pertaining to the Borough’s Permanent Investment Fund.

                                   

                                    MUELLER entertained a MOTION to adopt.  HALL so moved, and SHIELDS seconded. 

 

                                    Minimal discussion followed, and Administrative Clerk Amanda Nyberg gave a brief overview of the reason for the proposed verbiage changes. 

 

                                    The roll call VOTE was unanimous.  This will be Resolution 02-07.

                                   

OTHER                       1.)  Liquor license designation addition and transfer request for  BUSINESS              Grande Denali Lodge.

 

                                    MUELLER asked the Clerk if any written or verbal complaints

had been received.  The Clerk replied no.

 

HALL MOVED to approve and TALERICO seconded.  The VOTE was unanimous.

 

2.)  Major School Maintenance funds request from the Denali Borough School District.

 

 This discussion was held earlier in the meeting.

 

3.)  Public comment.

 

Village View resident Steve Jones said he had a chance to read the proposed amendment ordinance and he felt a Bed and Breakfast owner should be allowed to have up to four rooms, or it’s not worth it monetarily.   He also said he would like to see the definition of a family be changed to not more than 5 non-related family members in one dwelling.

 

ASSEMBLY              There were no comments.

COMMENTS            

 

NEXT MEETING       The next Assembly meeting will be held on June 9, 2002 at the Cantwell School.

 

                                    MUELLER said the joint work session with the School Board might be held on June 22, 2002 from 10:00 a.m. to noon.

 

ADJOURNMENT      MUELLER declared the regular meeting adjourned at 5:00 pm.

 

 

ATTEST:  _________________________          APPROVED:  __________________

 

 

Date Approved:  ____________________