Minutes of the Special Meeting
Denali Borough Assembly
Tri-Valley Community Center, Healy
December 21, 2001
CALL TO ORDER Presiding Officer Jerry Mueller called the special meeting to order at 7:02 pm.
ROLL CALL Assembly members present were: Sid Michaels, Jim
Caswell, Teresa Hall, Jerry Mueller, Jim Payne, Gerald Pollock, and Mayor
Gonzales. Absent were Teresa Usibelli,
Carol Shields, and David Talerico.
HALL MOVED to excuse the absent members. MICHAELS seconded. The VOTE was unanimous.
ORDINANCES 4.) An ordinance
amending the Borough Charter, Article VIII, Section 8.02, paragraph 3,
concerning School Board reapportionment.
MUELLER turned the Chair over to HALL.
MUELLER MOVED to amend the ordinance to read milepost 269 on
the North District to match the School Boards suggestion. PAYNE seconded.
MICHAELS asked what the population difference would be. Eileen Armstrong, School Board member,
stated that it would add about 10 people.
Dennis Ferrell, School Board member, said that Jenasy
Jensen, also a School Board member, stated that there are about 100 people
living in the Ferry area, north to Bear Creek.
HALL stated that this ordinance only has to do with the School Board,
not the Assembly.
David Braun, Healy resident, stated that it brings up the
question of equal representation. He
stated that this includes everyone, not just the kids that go to school. He stated that the School Board passed this
ordinance with the boundary being milepost 269. He said that they did this with the information from HALL and
MUELLER, and that the School Board is not subject to equal representation. MUELLER stated that it is not what he
said. He stated that what he said is
that the School Board is not subject to 10% variance that is mandated by the
Fedral Government through State law.
MUELLER told Braun not to misquote him again. Braun stated that there is a problem with that. MUELLER told Braun that if he was going to
quote him to do it right. Braun stated
that he tried to get a copy of the last meeting tape and was refused.
John Winklmann, Healy resident, stated that Braun was not at
the December 9, 2001 meeting where Mayor Gonzales talked about these kinds of
situations. He stated that it is these
kinds of fights, between the public and the Assembly that has brought him to
the meetings. He stated that what Mayor
Gonzales said needs to be followed by everybody. He stated that it is a two way street. Winklmann said that Mayor Gonzales’ message is that it is OK to
disagree but you do not disrespect.
Braun said that he has tried to get a tape recording of the
last meeting, so that he could make knowledgeable comments about what was said
there. He stated that he has been denied
a copy of that meeting on the basis of an Office Policy, that contradicts the
State laws about public information, and it even contradicts Borough ordinances
that say that those copies will be made readily available.
CASWELL stated that he thinks that having different
boundaries for the School Board and Assembly is not a good idea. He stated that it might confuse voters.
Armstrong stated that she had spoke with the Borough Clerk
and the Clerk reassured her that the ballots could be made up so that these
people would not be given the run around.
MUELLER stated that at one time the District was using the
Bear Creek for the Tri-Valley School turn around and Rex Bridge for the
Anderson turn around. He stated that
there is not anybody attending School from Bear Creek to Rex Bridge.
Linda Paganelli, Healy resident, asked if the School Board was held to any
variance restrictions. MUELLER stated
that they are trying to have the School Board boundaries match the attendance
lines. Paginalli asked again if the
School Board is held to any variance restrictions. HALL stated that they are not.
MUELLER stated that they are usually apportioned similar to the
Assembly.
Winklmann stated that State laws suggest that they are
apportioned at large.
Paganelli stated that this plan for the
School Board would have to go through Department of Justice (DOJ) for
Pre-Clearance. She asked what DOJ will
pre-clear and what are looking for during that process. MUELLER said that they are going to
pre-clear the election, not the plan.
Paganelli stated that before the plan can be
put into action it would need to be pre-cleared. She stated that that is what Midge for Department of Community
and Economic Development told her.
MUELLER stated that they are not going to waste DOJ’s time to pre-clear
a plan that has not been voted on.
HALL stated that DOJ will pre-clear the election and after
the plan is passed by the voters they will look at the plan an either approve
it or not.
Armstrong stated that DOJ looks at Section 5 of the Voting
Rights Act. She stated that they
basically look at if majority groups are represented.
PAYNE asked if there was anybody in opposition on the School
Board. Armstrong stated that it passed
unanimously with the amendment.
Paganelli stated that she agrees with
CASWELL, that it might be confusing to have different boundaries.
The VOTE on the amendment was unanimous.
MICHAELS MOVED to adopt ordinance 01-16, and MUELLER
seconded. The roll call VOTE was
unanimous.
PUBLIC Steve Ziegman, Healy resident, asked if there
was going to be a
COMMENTS “None of the above” answer on the ballot. He also asked what would happen if everyone
voted no. HALL stated that it would go
back to the square one.
MUELLER
stated that we have gotten through this ordinance. He stated that he respects what Winklmann said about
disrespect. He stated that one of the
issues is not getting something on the agenda.
MUELLER stated that there is the Open Meeting Act that requires
reasonable public notice, if there is an important issue that an Assembly
member want to discuss or the public wants to hear, it can’t be addressed at
the meeting that it is brought up in.
He said that there would need to be reasonable public notice.
Winklmann
stated that it also says in the Open Meeting Act everyone has the right to be
heard. He stated that some people think
that that is an issue.
Paganelli asked about a public mail out that
explains the election. MUELLER stated
that it would have only the facts and explanations of what the ballot measures
are.
MICHAELS said that there was a motion made at the last
meeting, that it was not his intention not to take sides by to get the
information out. He stated that it
would notify, not justify.
Mayor Gonzales said that that is already in the works for
the next meeting.
PAYNE stated that the voters are going to be voting on
School issues in one place and Assembly issues in another.
ADJOURNMENT HALL
declared the Special meeting adjourned at 8:09 pm.
Date Approved:
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