Minutes of the Regular Meeting

Denali Borough Assembly

Tri-Valley Community Center

August 13, 2003

 

 

CALL TO ORDER    Presiding Officer Jim Caswell called the public hearing to order at  7:06pm.

 

ROLL CALL               Assembly members present were:  Gerald Pollock, Jim Caswell, Robert Shelton, Cynthia Trytko, Baxter Mercer, Neal Laugman, and Sid Michaels.  Absent and were Teresa Hall and David Evans.  Mayor Talerico was also present.

                                   

LAUGMAN MOVED to excuse the absent, MICHAELS seconded.  The VOTE was unanimous.

 

PUBLIC                      Leslie Adams, Denali Citizen Council, spoke about the Coal Bed

COMMENTS             Methane leases stating that there are places where this is happening and it has not gone very well.  She continued stating that it has to be done in a way that it will help this community.

 

                                    Dave Levy, Mile 226 Parks Highway, spoke against the Rex Crossing project. He stated that if the railroad goes under the road instead of over the road, none of the driveways or parcels would be affected.  

 

                                    Steve Denton, Usibelli Coal Mine, stated that he agreed with Ms. Adams and stated that if you have comments to make them to the Department of Oil and Gas.  He stated that there would be many additional opportunities for public comments.   

 

AGENDA                   Mayor Talerico suggested moving the severance tax ordinance to Number 8 and move the rest up.  MICHAELS MOVED to approve and LAUGMAN seconded.  The VOTE was unanimous. 

                                   

MINUTES                   1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on July 9, 2003.

                                   

                                    MICHAELS MOVED to approve the minutes of the July 9, 2003 meetings, LAUGMAN seconded.  The VOTE was unanimous.

 

FINANCIAL                1.)  Financial report for June 2003.

REPORT

MICHAELS MOVED to receive the June 2003 Financial Report, and LAUGMAN seconded.  The VOTE was unanimous.

                                   

MAYOR’S                  Mayor Talerico gave a brief report of his activities for the last

REPORT                    month.  He commented about the Carlo Creek flood and the Natural Gas Leases.

 

                                    Mayor Talerico introduced Denali National Park, Deputy Superintendent Diane Chung, and from the Department of Transportation and Public Facilities (DOT&PF), Rosalind Kan and John Bennett.

 

DBSD SUPT.            Superintendent Bob Wicker gave a written report.

REPORT                   

 

ASSEMBLY               MICHAELS stated that the first Assembly Northern District Work

COMMENTS             Session was a success. He suggested having another again on September 8, 2003.

 

                                    SHELTON stated that it was stunning to see how many people came to help with the flooding at Carlo Creek.

 

COMMUNICATION   1.) Alaska Department of Transportation, Rosalind Kan and John

AND                            Bennett to discuss the Parks Hwy. Railroad Crossing Project at

APPEARANCES      Mile 276.

                                   

                                    Mayor Talerico introduced Rosalind Kan, Engineering Manager, for this project, John Bennett, Right-of -Way Chief, and Keith Hanneman of PDC, Inc. 

 

Hanneman gave a presentation of the proposed project.

 

ORDINANCES          1.)  Ordinance 03-08, Version C, an ordinance amending the Denali Borough Code of Ordinances, Title IV Chapter 24, titled management of borough real property.

 

LAUGMAN MOVED to postpone, MICHAELS seconded. The VOTE was unanimous.

 

2.)  Ordinance 03-09, Version C, an ordinance establishing a 2% general sales tax within the Denali Borough.

 

MICHAELS MOVED to amend by substitution Ordinance 03-09, Version D, LAUGMAN seconded.  The VOTE was unanimous.

 

MERCER MOVED to amend Section 1 to say that there shall be a general 3% sales tax on all goods and services rendered within this Borough with the exception of anything already taxed including Coal and Gravel Severance and City utilities.

 

RECESS                   The Assembly recessed at 8:24 PM.

 

RECONVENED        The Chairman called the meeting back to order at 8:40 PM.

 

MERCER MOVED to amend Section 2 to read, “The purpose of this ordinance is to establish a sales tax on all goods and services.  The rate shall be 3%.” Also Section 2 to read “Any goods and services that are already taxed by a Denali Borough municipality are exempted from this tax at the time of adoption”.  The vote was 6-1 with MICHAELS opposed.

 

POLLOCK MOVED to postpone SHELTON seconded.  The VOTE was unanimous.

 

POLLOCK MOVED to suspend the rules to end the meeting at 10:00 PM, MERCER seconded.  The VOTE was unanimous.

 

4.)  Ordinance 03-12, Version A, an ordinance amending the Code by addition of Title 5, Chapter 36, titled a Code of Ethics for the Denali Borough Mayor, Assembly and Borough employees.

 

LAUGMAN MOVED to postpone all of the ordinances that are in regards to ethics, MICHAELS seconded.  6-1 with MERCER opposed.

 

                                    5.)  Ordinance 03-13, Version A, an ordinance amending the Code by the addition of Title 5, Chapter 37, creating an Ethics Commission.

 

                                    6.)  Ordinance 03-14, Version A, an ordinance amending the Code by the addition of Title 5, Chapter 38, creating the Denali Borough Ethics Commission Policies and Procedures.

                                   

 

7.)  Ordinance 03-15, Version A, an ordinance amending the Code, Appendix of Forms P, Q, R, S, T, U, and V, pertaining the Code of Ethics.

 

                                    8.) Ordinance 02-06, Version A, An ordinance providing for an ethics commission and providing for disposition of alleged violations.

                                   

9.)  Ordinance 03-03, Version A, an ordinance amending the Denali Borough Code of Ordinances, Chapter 21, pertaining to severance tax.

 

                                    MICHAELS MOVED to amend section 4 to delete the word “Permit and insert the word “Registration”, delete letter A and delete word “file” and add “register”, delete “an application for a permit”, add the word “than” before January, also delete B and all contained, and on page 1 change “permit” to “registration.”  MERCER seconded. 6-1 with CASWELL opposed. 

 

                                    MERCER MOVED to postpone, LAUGMAN seconded.  The VOTE was unanimous.

 

RESOLUTIONS        1.) (Next resolution 03-14) A resolution to reappoint check signers to the Denali Borough Accounts held at Wells Fargo.

                                   

                                    LAUGMAN MOVED to adopt, MERCER seconded. 

 

                                    CASWELL MOVED to add POLLOCK to the list of signers, MICHAELS seconded.  The VOTE was unanimous. 

 

                                    The roll call VOTE was unanimous.

 

2.) A resolution in support of the Department of Transportation and Public Facilities Project #60926, pertaining to the proposed highway overpass over the railroad line at Rex Bridge.

 

                                    LAUGMAN MOVED to adopt, MERCER seconded. 

 

LAUGMAN stated that there is nothing for us to do to stop this project and he does not like the fact that the local residents are not in favor of this.  MICHAELS spoke in favor of postponing this resolution until the next Assembly meeting in Anderson. 

 

MICHAELS MOVED to postpone, motion failed for lack of a second.

 

The roll call VOTE was 4-3 with TRYTKO, MICHAELS and LAUGMAN opposed.  Motion fails.

 

 

3.) A resolution authorizing the Denali Borough Mayor to negotiate a permit for extraction of gravel material from the Denali Borough Material site.

 

MERCER MOVED to adopt, LAUGMAN seconded.  The roll call VOTE was unanimous. This will be Resolution 03-15.

 

4.) A resolution concerning the USA Patriot Act, the Bill of Rights, and the civil liberties, peace, and security of the citizens of our nation.

                                   

LAUGMAN MOVED to adopt, SHELTON seconded. 

 

There was discussion regarding the Patriot Act.

 

The roll call VOTE was 3-4 with CASWELL, POLLOCK, MICHAELS and LAUGMAN opposed.  Motion fails.

 

During the Roll Call vote MICHAELS voted “No” and added “ I’d like to vote to Reconsider and Enter On the Minutes.”

 

MICHAELS stated, “I’ve got a MOTION on the table.  Did you understand the MOTION?”

 

Acting Chairman POLLOCK stated, “This is a Parliamentary MOVE for him to have it reconsidered at a later date.”

 

MICHAELS stated,  “To revisit at the next meeting.  Do you understand that?”

 

Clerk stated, “Yes.”

 

Pollock:  “We will go on to the next order of business.”

 

             

OTHER                       1.) Liquor license renewal request from: Owner: Longhorn

BUSINESS                Store, located at Mile 136, Denali Highway, Cantwell,

Alaska.

 

LAUGMAN MOVED to take no action, MERCER seconded.  The VOTE was unanimous.

 

2.) Discussion regarding the Nenana Canyon ROW.

 

Denali resident, Leslie Adams read a statement prepared by Charlie Loeb which spoke in favor of the Denali Borough becoming an intermediary between DOT and the Nenana Canyon Business community by establishing an agreement to manage the ROW within the Canyon and a beautification project.  This will minimize work for the Borough staff.  As the pass-through agency, the Borough would be an intermediary to collect fees from the association to cover its cost.

 

Discussion followed regarding encroachment permits and the Right-of-Way.

 

Mayor Talerico spoke in favor of the Borough having the encroachment permits because the smaller operators within the Canyon cannot seem to get them.

 

3.) Discussion regarding the Borough Clerk/Treasurer/ Assistant Administrator salary.

 

MICHAELS MOVED to approve the Clerks salary for FY’04 as of her appointment, MERCER seconded.  The roll call VOTE was unanimous.

 

4.)  Mayor’s Annual Work Plan.

 

Mayor Talerico stated that because of time constraints he suggested that the Assembly review it and to place it on the next agenda. 

 

5.) Discussion regarding an August Assembly Work Session.

 

LAUGMAN MOVED to hold a work session August 25, 6-8 PM, at the McKinley Village Community Center.   MERCER seconded.  The VOTE was unanimous. 

 

6.) Public Comments.

 

There were no public comments.

 

MERCER MOVED to suspend the rules and extend the meeting to 10:30 PM.  The motion was seconded. The VOTE was unanimous.

 

7.) Executive Session regarding the lawsuit filed by Mr. David Braun, and consideration of certain matters related to the lawsuit which are by law required to be kept confidential.

                                   

                                    TRYTKO MOVED to go into Executive Session regarding lawsuit by Mr. David Braun, and consideration of certain matters related to the lawsuit, which are by law required to be kept confidential, LAUGMAN seconded.  The roll call VOTE was unanimous.

 

                                    POLLOCK MOVED to call the regular meeting back to order at 10:15 PM., MICHAELS seconded.  The VOTE was unanimous.       

                                   

ASSEMBLY               There were no Assembly Comments.

COMMENTS

            Mayor Talerico requested that the flood insurance information be added to the Work Session.          

 

NEXT MEETING       The next meeting will be held in McKinley Village on September 10, 2003.

 

ADJOURN.                Presiding officer Jim Caswell declared the regular meeting adjourned at 10:22 pm.

 

 

 

ATTEST:  SIGNATURE ON FILE                APPROVED: SIGNATURE ON FILE

 

 

 

Date Approved:  September 10, 2003