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.
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.
Date Approved:
____________________