Minutes of the Regular Meeting

Denali Borough Assembly

McKinley Village Community Center

September 8, 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, Gerald Pollock, Teresa Hall, Teresa Usibelli, David Talerico Sid Michaels, Jim Payne, Carol Shields and Mayor Gonzales.

 

AGENDA                   HALL MOVED to approve the agenda, SHIELDS seconded. 

 

MICHAELS MOVED to add the resolution in support of the City of Anderson applying for funds to add on to their sewage lagoon.  HALL seconded, and the VOTE on the amendment to the agenda was unanimous. 

 

CASWELL MOVED to add the question of his residency to the agenda.  HALL seconded.  The VOTE on the amendment to the agenda was unanimous. 

 

USIBELLI MOVED to delete K3, the executive session, and POLLOCK seconded.  The VOTE was two to seven, with USIBELLI and POLLOCK in favor.   The motion failed.

 

The VOTE on approving the agenda as amended was unanimous.

 

PLANNING                1.)  Request from DNR to receive a public right away from the

COMMISSION           Borough for two roads in order to legalize access to the Rex trail.

 

Planning Commission Chairman TALERICO asked Gail Pieknik, Denali Borough Land Technician for an overview of the request. 

 

Pieknik said DNR (Department of Natural Resources) has requested a Right-of-Way across Borough land near the Borough Landfill and Rochester Lodge, to the Rex Trail.  DNR opened up some land for sale in the Wood River area, and access to those sights was suppose to be via the Rex Trail.  It was later determined that the Rex Trail does not have legal “developed access” from the Parks Highway.  In order for DNR to advertise access and legal sale of the parcels in that area, they need a legal well-developed access from the Parks Highway.  The landowners in that area are the Denali Borough, Department of Transportation, and the Alaska Railroad.  Pieknik said the Borough should not grant this right-of-way access across Borough land until the Borough is sure the other agencies approve as well.

 

MICHAELS said he has used the easement in Section 7 since 1969.  He said that trail has been used by vehicles, dogsled teams, bicyclers, etc.  He said the trails in Sections 8, 9, and 10 are fully useable!  MICHEALS suggested that all three accesses should be kept in place.  He said DNR should provide easements for all three accesses.  He said he feels the Borough should not provide the right-of-way access across Borough land until DOT and ARRC approve.

 

MICHAELS MOVED to wait until the DNR, DOT and the Alaska Railroad’s Right-of Way’s are cleared up.  MUELLER seconded.  The VOTE was unanimous.

 

MINUTES                   1.)  August 11, 2002:  Work Session, Public Hearing, and Regular Meeting.

 

                                    HALL MOVED to approve, TALERICO seconded.

 

                                    USIBELLI asked if the numbers to build a new landfill cell on page 2 of the regular minutes are correct.

 

Mayor Gonzales said the numbers are correct because the intent is to begin the process of building a new cell.  The completed cell will cost about twice that much.

 

Minimal discussion followed.

 

                                    USIBELLI asked if the Mayor had spoken with Clear Air Base about when the Borough Landfill will begin to receive coal ash. 

Mayor Gonzales said the Air Base is still working it out internally.

 

                                    The VOTE to approve the minutes was unanimous.

 

FINANCIAL                MUELLER entertained a MOTION to receive the July 2002 financial report.  CASWELL so moved, and MICHAELS seconded.  The VOTE was unanimous.

 

SUPT.                         Denali Borough School District Superintendent Bob Whicker

REPORT                    gave a synopsis of his written report.  He said attendance was higher than expected:  Anderson 81-83, Healy 192-194, and Cantwell 23 students.  Whicker invited an Assembly member to attend the next Quality Schools Institute at the end of the month.  He said the District has had success with their business partnership program by offering small engine repair classes in the Anderson School.  Whicker said the Board would be holding public hearings to obtain input concerning the proposed policy changes. 

 

RECESS                   MUELLER called for a short recess at 3:22 p.m. to set up more chairs.

 

RECONVENE           MUELLER called the meeting back to order at 3:24 p.m.

 

COMMITTEE             HALL said all the Personnel Committee members are back in

REPORT                    the state now, so a meeting will be held in the near future.

 

                                    Mayor Gonzales reintroduced Mr. John Davies and Mr. David Guttenberg who are both running for office.

 

PUBLIC                      Cantwell resident Jim Wright said he has been a resident of

COMMENTS             Cantwell since 1969, and he was appalled when he read the personal attacks on Cantwell’s representative.  He said he has know Caswell since the mid-1980’s, and Caswell has hired people from the area to work at his limestone mine, and been as asset to the community.  He said it’s a privilege to have Caswell serve as their representative.  He said that he is upset that Mr. Braun and some others have made defamatory statements about Mr. Caswell.  Wright said that he could verify that Caswell is a resident.  He said he went back through the voting records for the last ten years and Caswell’s name was on the register. 

 

                                    Cantwell resident Dave Tash said if you say that Caswell is a resident of anchorage, his wife would probably disagree with that!  He said Caswell is available on a regular basis.  He said Iif the citizens of Cantwell don’t have a problem with THEIR representative then there should not be a problem.  

 

                                    Cantwell resident Tim McCoy said he is an employee of Jim Caswell’s for the past five years, and Caswell is at his residence in Cantwell the majority of the time.  

                                    Cantwell resident Theresa Philbrick said she has been a resident of Cantwell since June 1980.  Philbrick said she used to cook at the Cantwell Lodge back then and Caswell came in to eat with his work crew from his limestone mine.  Philbrick said she use to pick up Caswell’s nephew and take him to school at the Cantwell School.  She said she would pick his nephew up at the residence where Caswell supposedly does not live!  She asked for someone to tell her what the requirements are for residency. MUELLER read the Denali Borough Code of Ordinances, Section pertaining to residency requirements.   

 

                                    Armeda Bulard, resident of Cantwell for 37 years said she arrived

                                    shortly after the Mat-Su Borough took over Cantwell, and the

                                    residents of Cantwell were notified by receiving an assessment

                                    letter.  She said the residents of Cantwell petitioned the Boundary

                                    Commission and were released.  She said she has three children

that have graduated from Cantwell School and has one grandchild currently attending Cantwell School.  Bulard said she has served as a volunteer EMT, as a member of the Community School Board, and as Secretary for the Community of Cantwell Incorporated.  She said five members of the community served on the Borough Formation Committee: Armeda Bulard, Rachel Sperry, Ruby John, Robert Wright, Marty Caress, and Jim Caswell. 

 

Bulard said Jim Caswell has been an active member of Cantwell since he moved there.  She said if living on leased land does not make someone a resident, then a lot of people residing in Healy would not be considered residents, and should not be serving on the Assembly and the School Board.  She said Jim Caswell is their qualified representative!  Bulard said someone needs to be the devil’s advocate, otherwise some of you from Healy would run roughshod over the rest of the Borough. 

 

 Bulard said Jim is a very common sense man with morals and that has upset some people.  She said those of you doing the bitching obviously don’t have much in the common sense area!  She said you my dear have your own agenda and it is not mine!  She said you and Jenasy came down to Cantwell and asked her to sign the petition for at-large apportionment.  You told her that this would insure her that all School Board and Assembly members would then represent her.  She said that at that time she told you that all School Board and Assembly members had better be representing her now! 

 

Bulard said there are some Healy representatives that are obviously representing themselves only.  She said she thinks there are a few of you that are being suckered in by some people in Healy.  She suggested that you need to sit back and reexamine what you are thinking, saying, and doing.  Bulard said the voters of the Denali Borough have already told you that we don’t want at-large representation.  She said now you are asking to change the meeting date, and for term limits.  She questioned whether that term limit issue would affect the Mayor.  She said probably not because some of you will be running for Mayor. 

 

Bulard said as far as the Northern Access issue; if you don’t want Kantishna Holdings/Joe Fields as the sole contractor, then go out and bid it yourselves.     

 

Bulard said if there are any Assembly members who think she has spoken out incorrectly, then you need to come down to Cantwell and talk to her, because you do represent her, don’t you?

 

Bulard said if she’s ruffled any feathers of anyone in the audience, you don’t matter.  She said they need to form their own city government so they can argue amongst themselves, and leave the rest of us alone! 

 

Bulard said next month’s Assembly meeting is in Cantwell.  She said if all you are going to do is bitch and gripe and moan and groan, then stay home.  Bulard said if you can be a decent neighbor, come on down!

 

                                    Healy resident Scott Stowell said he has known Caswell since he got on the Assembly and knows that Caswell is a resident of the Borough. 

 

                                    Cantwell resident Marie Gore read a letter submitted by Bud and Edna Carlson.  The letter said they were very satisfied with Caswell as their representative.  

 

                                    Braun reread what Mr. Mueller had read earlier, and said Caswell’s APOC form lists Gaylene Circle in Anchorage as his home, and he said a mining claim is not a fixed residence. 

Braun said Mr. Caswell's truck or whatever he has been sleeping in for the last 10 years is not a residence. 

 

                                    Healy resident Ray Gary said if this issue had been addressed  few months ago this debate would not be going on right now.

 

Mr. Lightfoot, who is not a resident of Cantwell, said he has known Jim since he has had the limestone mine.  H said when he wants to get in touch with Caswell he calls him at the limestone mine.  He said Caswell has a structure at the limestone mine and indoor plumbing.

 

                                    Cantwell resident Brenda Martakis said she has lived near Slime Creek since 1988, and he has been a very good neighbor.

 

Cantwell resident Marie Gore said someone said earlier that Caswell lived on a mining claim.  She said that statement is untrue!

 

                                    Cantwell resident George Blanchard said he has lived in Cantwell for about 18 years, and he is behind Caswell 100%. 

                                               

Healy resident Gina Soltis said the Borough is facilitating $1.6 million in public funds for a northern access study.  She said she would like to see a survey or a poll to see how the residents feel about this project before any more public money is spent.

 

                                    Cantwell resident Marge Nord said she does not understand the controversy about Caswell.  She said people are losing sight of

the real concerns.  She said Caswell supports the Cantwell Volunteer Fire Department by giving them his monthly stipend check.  Nord said Caswell has served their community very well.

 

                                    Cantwell resident Joanna Chestly said Caswell responds to the community’s concerns, and she thinks it’s important that Caswell remains as their representative.

 

APPEARANCES      1.)  Mayor Blatchford and former Mayor Noll had not arrived yet, so the Assembly continued the meeting.                                

 

2.)  Mr. Scott Stowell in attendance with an update on the Panguingue Creek Fire Hall and Well House project.

 

Healy resident Scott Stowell gave the Assembly a brief update on the above stated project.

 

3.)  Ms. Holly Morris and Mr. Michael Foster were in attendance to give an update on the Village Safe Water Study.

 

Michael Foster said they sent out 800 fliers asking the residents (with the exception of Cantwell whose needs were being addressed through a different grant) what they thought were the sanitation needs in the Borough.  He said 200 of those surveys were returned.  He said they held public hearings as well.  Foster said the recommendation that came back for the City of Anderson was a gravity sewer system and a lagoon system.  He said they also recommended an expansion of the sludge lagoon in Anderson.  

 

Foster said they looked at needs in the Ferry area, and they are recommending a vault toilet/watering area.  He said they looked at the needs in the Panguingue Creek area, and came up with a recommendation of a small washateria.  He said in the Healy town area they recommended a piped water and sewer for the core area. 

 

Foster said the recommendation for the Canyon area that they came up with was a piped water and sewer system.  He said the design for that included 300,000 gallons a day.  He said they also talked to residents in the McKinley Park area, and they came up with a need for a small washateria. 

 

He said based on all the information they gathered, they are recommending approval of a draft resolution in support of them applying for Village SafeWater funds for preliminary design of a gravity sewer system, and expansion of their sewage lagoon.  He said the other resolution up for approval allows the Borough to apply for funds for a feasibility study for the Nenana Canyon, which is the first step in the preliminary design of the project.  He said the feasibility study would come up with a preliminary design.

 

Anchorage resident Nancy Bale asked if the businesses in the area have been notified.  Foster said they held a public meeting in the Canyon, and this document is available in the Borough office for review. 

 

ORDINANCES          1.)  Ordinance 02-08, Version A, an ordinance creating Title IV, Chapter 27 of the Denali Borough Code of Ordinances providing for classification of Borough-owned land.

 

PAYNE MOVED to adopt, TALERICO seconded.

 

Minimal discussion followed, and the roll call VOTE was unanimous.

 

2.)  An ordinance amending the Denali Borough Code of Ordinances Chapter 68, Section 1, concerning location of polls.

 

MICHAELS stated that this is just a house keeping ordinance, and

MOVED to introduce, SHIELDS seconded. 

 

After minimal discussion, the Roll Call VOTE was unanimous.  This will be Ordinance 02-09.

 

3.)  An ordinance amending the Denali Borough Code of Ordinances Appendix of Forms B, D, and G.

 

MICHAELS stated this is because we have changed the districts from 1, 2, and 3 to North, West Central, East Central, and South.  MICHAELS MOVED to introduce, and SHIELDS seconded. 

 

The Roll Call VOTE was unanimous.  This will be Ordinance 02-10.

 

RESOLUTIONS        1.)  Village SafeWater Resolution pertaining to Capital funding

request for a feasibility study for the Nenana Canyon.

 

HALL MOVED to adopt, and MICHAELS seconded.  The ROLL CALL VOTE was unanimous.  This will be Resolution 02-08.

 

                                    2.)  Capital Matching Grant resolution for FY ’04.

 

HALL MOVED to adopt, and MICHAELS seconded.  The ROLL CALL VOTE was unanimous.  This will be Resolution 02-09.

 

3.)  A resolution in support of the year round recreational facility in Healy, Alaska.

 

HALL MOVED to adopt, and MICHAELS seconded.

 

HALL stated that her son uses the Hockey Rink in the summer and thinks that it is a great idea.

 

The ROLL CALL VOTE was unanimous.  This will be Resolution 02-10.

 

4.)  A resolution supporting the City of Anderson’s request for capital funding from the State of Alaska to expand their septage disposal lagoon.

 

MICHAELS MOVED to adopt, SHIELDS seconded.

 

After minimal discussion the Roll Call VOTE was unanimous.  This will be Resolution 02-11.

 

OTHER                       1.)  Caswell’s residency.

 

HALL MOVED to direct the Borough Attorney to investigate who has jurisdiction over the residency dispute of our Assembly member.  CASWELL seconded.

 

Healy resident Scott Stowell asked why this is going to the borough attorney to spend money when the economy is down.

 

MUELLER said, personally, he thinks this issue needs to be resolved.

 

The VOTE was unanimous.

 

1.)  Initiative Petitions rejection protest.

 

Healy resident Neal Laugman said he is not going to argue with the findings of the Borough Attorney.  He said he thinks he owes the Assembly an explanation of why he is doing this.  He said this gets back to the Assembly being responsive to the public.  Laugman said the Assembly has had members of the public bring up issues in the last few months that have not been resolved.  He said he is showing them that the public can take it into their own hands through the petition process.  Laugman asked for clarification of how the wording on the term limit petition is confusing. 

 

HALL stated it is her personal opinion that the Borough has term limits through the voting process.

 

MICHAELS stated that he agrees with HALL, and stated that he would like to see the day that we have enough people that want to run for office.  He said the wording in the petition would allow someone to lose their seat because of term limits, yet they could just run for another seat.

 

Discussion followed and Laugman asked the Borough Attorney for clarification.

 

Denali Borough Attorney Jim Gorski said his review was premised with the idea that there would be no dispute if the initiative passed.  He said one of the questions that needs to be answered is is it enforceable as a matter of law.  Gorski said the sole issue that he saw was that it was confusing to him, and it’s really an issue of the intent of the petitioner.  He said potential ambiguity had to do with a sitting Assembly member.  He said the proposed language is that these term limits take effect immediately for Assembly members elected in the November 2002 general election, and for each of the current Assembly members not up for reelection in the November 2002 general election at the end of their current respective terms.  He said the question that is unclear in his mind is if there was an Assembly member who is in the middle of their first term at this point and time, and not up for election this November,  and their seat is up next November when would the initiative take effect. 

 

Gorski asked if the intent of the petitioner is after their seat came up next year, would they be eligible for two additional terms.

 

Laugman said yes that was the intent, that they would have two additional terms.  Gorski said that is where the language is unclear.  He said the law in Alaska is very clear.  He said if the application is retrospective the petition has to specifically state that.

 

Discussion followed.

 

Laugman said he realizes there is nothing in the Charter or the Code that would allow for this question to be on the ballot, but he thinks it is a good idea to ask the public if they want to have a railway.  He said the Assembly could put this issue on the ballot to let the residents decide how they feel.  Laugman said these things need to be dealt with.  He said there was discussion during the last meeting about asking the Attorney about Caswell’s residency in relation to if a temporary construction camp qualifies as a residence.  He said he always wanted the Denali Borough to be an example of what small government is suppose to be like. 

 

Laugman said he thinks things like this are going to continue to happen.    He said he thinks it’s in everybody’s best interest to have a survey distributed to see how the public feels about the proposed railway.

 

2.) Public comments.

 

Healy resident John Winklmann said last February he filed a formal complaint with the Borough concerning his belief that the Borough distributed inaccurate information to the voters about the special election.  He said to his knowledge there has been no discussion on that.  He said he accused the Borough of sending out misinformation to the voters, and that issue has been put on the table somewhere.  He said he was involved in an initiative petition drive and he said there was a mistake in the Borough Code, and he went over it with the Mayor and the Clerk.  He said he has approached several Assembly members about the issue and nothing has been done about the mistake.

He said it’s just a matter of cleaning up a few words in the Code.  Winklmann said he would like to say for the benefit of those in attendance from Cantwell that he is delighted to see them here!  He said these folks act differently when all of you folks are here.  He stated that there is an idea in the room that there has been an attack on Caswell, and he is here to tell you that is not the case.  He said Mr. Braun brought up a legal point, and Braun is entirely within his legal rights to do that.  He said what he is saying is that the Assembly should respond to Braun’s inquiry, whether he’s right or wrong.

 

Healy resident Cheryl Venechuck thanked the Assembly for adopting the resolution for the year-round recreation area.

 

Healy resident Scott Stowell said he has never seen the name of the person who has been very vocal during the meetings on the ballot.  He challenged them to step to the plate, and put their name on the ballot.  He said sit on the other side of the table so you can understand what Assembly members have to go through.  He said it’s not easy sitting up there.

 

Braun said he does not understand why anyone would want to sit up there from the middle district when they would get hauled into an executive session and berated by the rest of the people.

He said he would never want to sit on an Assembly where they are outnumbered.

 

APPEARANCE        City of Seward Mayor Edgar Blatchford, former Mayor Bill Noll, and community activist Mr. William Dunham arrived to discuss coal shipments that affect the Denali Borough and the City of Seward.

 

Mayor Blatchford said the Denali Borough and the City of Seward have a lot in common with respect to the importance of coal to their respective areas.  He said he had just finished a meeting with Joe Usibelli Jr. concerning this issue.  He said he would like that relationship to continue.

 

Former Mayor Bill Noll said he has been involved with coal export since 1984, and he is here to provide support and historical knowledge.

 

                                    Community Activist Willard Dunham said he would like the Assembly to consider getting the State to be up front about the seriousness of this issue.  He said they are considering moving the terminal without first trying to make something work first. 

He said he is embarrassed to say our current Governor has not lifted a finger to help with this problem.  He said the Borough’s voice should be heard concerning this issue.  He said they are not just talking about the coal shipments to Seward.  He said they are talking about the area between Anchorage and Seward.  He said they are also talking about the effect on the Alaska Railroad.

 

                                    CASWELL asked what is the is the bottom line of their request.

 

Mayor Blatchford said he would like more public awareness and a cooperative effort from the Denali Borough, the Mat-Su Borough and the City of Seward would help put pressure on the State, and jointly work toward a solution.   

 

                                    CASWELL said this about economics, and Indonesia is cutting our throats!   He asked for specifics of the request.

 

Mayor Blatchford said they are trying to buy a little time before the State makes any rash decisions. 

 

Former Mayor Noll said there are major players in this, like the Alaska Railroad and AIDEA.  He said they are not giving up yet!    He said the Railroad owns the land the terminal sits on.  He said he would like all of them to give them some time before anything drastic happens.

 

                                    HALL asked if the Kenai Peninsula Borough and the Mat-su Borough are in agreement with their request.  Mayor Blatchford said those entities are in support of helping with this issue.

 

                                    Discussion followed, and the visiting dignitaries asked that the Borough appoint someone to participate in this cooperative agreement.

 

RECESS                   MUELLER called for a recess at 5:00 p.m.

 

RECONVENE           MUELLER called the meeting back to order at 5:15 p.m.

 

3.)  Executive Session regarding pending litigation in which the Borough has an interest.  MUELLER read the following statement:  “the Borough has been served with papers that which names the Borough, the State Department of Community and Economic Development, and the Ombudsman as  defendants in a lawsuit filed by Mr. David Braun.  This is potential litigation and the we need to invoke the attorney-Client privilege to meet with our Attorney so we can act in a manner that safeguards the Borough interests”.

 

HALL MOVED to go into executive session regarding pending litigation, and CASWELL seconded.  MICHAELS asked who would go into the Executive Session.  The Assembly, the Mayor, the Borough Attorney, and the Borough Clerk were named to attend the session.

 

Healy resident David Braun requested that the session be recorded because of the Open Meetings Act.  He said he thinks the assembly has somewhat violated the Open Meetings Act in relation to posting this session, and the subject matter that will be discussed during the session.

 

Healy resident Gina Soltis asked if the plan is for them to go directly into executive session.  MUELLER said that would happen if the Assembly votes in favor of the motion.  Soltis asked if they could do Assembly comments first.

 

Healy resident Charlie Loeb questioned whether adequate public notice had been provided concerning this session, and does the language meet the requirements in the Open Meetings Act.

 

Borough Attorney Jim Gorski said in his opinion every factual case that comes before a body does not fit a text book definition.  He said in this situation, it is a purported lawsuit by Mr. Braun, and the reason for this is it looks like a lawsuit, it has a summons, but in fact nothing has been filed with the court system. 

 

Gorski said the Borough could not technically respond to a lawsuit, because it is not a lawsuit.  He said what the law does allow you to do is in anticipation of litigation, which he has to assume this is, he would like to advise the Borough of its rights and responsibilities.   

 

USIBELLI asked why doesn’t the Assembly just get advised publicly.

 

Gorski said Attorney-Client communications are per se confidential when they affect the finances of the Borough, litigation strategy, etc.  He said at this point the discussion might involve strategies that the Borough may or may not want to pursue. 

 

The Roll Call VOTE was 8 to 1, with USIBELLI opposed.

 

EXECUTIVE              The Assembly convened into executive session at 5:10 p.m.,

SESSION                   and MUELLER said they expect to return in approximately 30 minutes.

 

RECONVENE           MICHAELS MOVED to return to the regular meeting, and HALL seconded. The VOTE was unanimous.

 

ASSEMBLY               PAYNE stated that he was impressed on how many people

COMMENTS             showed up in support of CASWELL’s support.   He said he had spoken with the Mayor of Seward, and maybe a resolution at the next meeting would be appropriate. 

 

                                    MICHAELS said in response to Mr. Crofoot’s letter about no liquor being served or sold on Election Day, that is a State law.  He said the Borough brought the issue to voters for a change and it failed twice at the polls. 

 

                                    HALL said Crofoot had requested that his letter be read into the record.

 

                                    USIBELLI read Mike Crofoot's letter that said he is against not being allowed to sell or serve alcohol on Election Day.  He said he had a 38% loss of revenue on that day.  He said the Gold Spike and the Mercantile inside the Park were open and serving alcohol on Election Day, thereby penalizing the public sector.  He said employees had to be laid off for the day because he could not serve or sell alcohol on Election Day.  He said the Borough has always touted itself to be a minimal government.  He said he is respectfully requesting that the Borough Assembly reexamine this issue.

 

                                    Mayor Gonzales reminded everyone that the Borough Assembly has the right to change that law within their boundaries by their own actions.

 

                                    Minimal discussion followed.

 

                                    CASWELL said he would like to thank those individuals who came from Cantwell to testify on his behalf about his residency.  He said he did not ask them to come, and he is very moved and appreciative of their actions.  He said the people of Cantwell want to take care of their own affairs.  He said they do not want any other community dictating what should go on in Cantwell.    He said it is his honor to serve the Cantwell residents. 

 

NEXT MEETING       The next Assembly meeting will be held on October 13, 2002 in Cantwell.

 

ADJOURNMENT      MUELLER declared the regular meeting adjourned at 6:06 pm.

 

 

ATTEST:  _________________________          APPROVED:  __________________

 

 

Date Approved:  ____________________