Minutes of the Regular Meeting

Denali Borough Assembly

Cantwell School

October 14, 2001

CALL TO Presiding Officer Jerry Mueller called the regular meeting to order at 3:09

ORDER p.m.

ROLL CALL Assembly members present were: Sid MICHAELS, Jerry Mueller, Jim Caswell, Teresa Hall, Carol Shields, Teresa Usibelli, Jim Payne, Scott Stowell, Gerald Pollock and Mayor Gonzales.

AGENDA MUELLER entertained a MOTION to approve the agenda, HALL so MOVED and CASWELL seconded.

USIBELLI suggested adding tourism data and a discussion regarding the Department of Labor’s Denali Trends publication to the agenda. USIBELLI agreed to discuss these items under Assembly comments.

HALL requested to add a request from AML Board of Directors to have a student attend the Local Government Conference in November to the agenda.

Mayor Gonzales stated that the TriValley School Government and Civics Class would like to present a redistricting overview under Communication and Appearances. He said the person currently listed under that venue has asked to be removed from the agenda.

The agenda was approved as amended by unanimous consent.

PLANNING 1.) Request for an as-built plat for Tract I.

COMMISSION

CASWELL MOVED to have a as-built of Tract I drawn up by Surveyor Alan Renshaw. Tract I is where the playground is located, behind the Tri-Valley Community Center. POLLOCK seconded.

USIBELLI asked how much detail the as-built would show.

CASWELL said that it does not need a lot of detail, but to show where the pavilion, etc. sits on the land in relation to the boundaries of the one acre tract.

MICHAELS asked if all of the construction was complete on the playground. POLLOCK said that it is not, as they still have a swing set that needs to be put together.

CASWELL said he is requesting a sketch of where things are located on the property, not an official as-built.

The VOTE was 7-2 with USIBELLI and HALL opposed.

MINUTES 1.) August 12, 2001: work session, public hearing, and regular meeting.

HALL MOVED to approve , SHIELDS seconded.

MICHAELS MOVED to amend by substituting these minutes for the ones given to the Assembly during the September meeting. STOWELL seconded.

The VOTE on the amendment was unanimous.

The VOTE on the main motion was unanimous.

2.) September 9, 2001: work session, public hearing, and regular meeting.

HALL MOVED to approve , SHIELDS seconded.

MICHAELS said page 1, line 25 of the regular meeting should read “unanimous consent”. The Clerk so noted.

The VOTE was unanimous.

REPORTS 1.) Financial Report

The Chair entertained a MOTION to receive the July 2001 financial report. HALL so MOVED and PAYNE seconded.

STOWELL asked if on report number 1006 if the Accumulated depreciation under the Dean Witter account means the account has lost $104,000. The Clerk said she believes that is correct, but will research it further.

The VOTE was unanimous.

2.) Mayor’s report.

Mayor Gonzales said he has decided to withdraw the proposed sale of the loader at the Cantwell Transfer Station, and train the Transfer Station Gatekeeper to operate the loader. The loader can be used to plow snow. He said a gate will be put in to allow the Gatekeeper to plow the snow out of the fenced in area, instead of pushing the snow against the fence. He said Assembly member CASWELL has agreed to complete some repairs on the loader, and he will be training the Gatekeeper regarding how to operate the loader. He said the necessary repairs to the loader would be approximately $4,000 to $5,000.

Mayor Gonzales stated that since July 1st, when the Borough took over as the landfill operator, a lot of time and effort has been put into the proper operation of the landfill. He said one of the main problems was acquiring and keeping capable employees. Mayor Gonzales said the Borough Landfill had its first ADEC inspection and received a 97% rating. He said groundwater monitoring for the landfill was originally required to be monitored twice per year, but after meeting with our chosen vendor, Shannon and Wilson, and ADEC, the requirement is now once a year. He said if the statistical data is solid, then the inspections could drop to once every five years. He said right now the inspections are down to once a year. This could save the Borough approximately $35,000 overall in five years. Mayor Gonzales said the Landfill Financial Assurance Fund now has approximately $120,000.

On September 12th the Mayor met with the DOT (Department of Transportation) regarding the Northern Access Project.

On September 20th he met with the DOT Highway Corridor Study group regarding the Parks Highway Corridor Study. He said they are researching passing lanes, four lanes on the highway, etc.

Mayor Gonzales said on September 21st he met with Linda Franklin, Village View resident regarding who would be able to vote on proposed changes to the Village View SubArea Land Use Plan.

On September 25th he spoke to the Government and Civics class at Tri-Valley School.

On September 27th Mayor Gonzales met with Clear Air Base officials concerning their use of the Borough Landfill. He said the Base needs to have access to the Landfill every other day and in the winter we are only open twice a week. He stated that we are trying to meet them half way.

On October 1st Mayor Gonzales met with the Parks Highway Electrification group and Representative Jeanette James regarding electrification in the area.

On October 5th the Borough Accountants conducted our annual audit. Mayor Gonzales stated the former Landfill Operator will be audited in the near future.

On October 10th and 11th the Mayor attended the Alaska North Rail conference in Fairbanks.

3.) School District Superintendent’s Report

Chris Hagar, Denali Borough School District Superintendent, stated that Beth Sheen has been placed into the Business Manager position and Amber Renshaw was placed in Beth’s old job. He thanked the Mayor for the opportunity for the school clubs to earn some revenue by picking up litter at the Borough Landfill.

Hagar said the District has received a grant from the State to work with special education students. He said their annual audit was completed.

He said it was declared a clean audit.

Hagar stated that the School Board has decided to enlist the aid of Alaska Association of School Boards to help find another superintendent.

Hagar stated the School Board has awarded the District’s heating fuel bid to Nenana Heating. Nenana Heating said if the fuel is purchased in bulk, the price could be even lower.

Hagar stated that there is hump that has developed in the district office floor that needs to be taken care of by Peter Cubby and a contractor.

STOWELL asked about a statement Hagar made in the minutes of the last School Board meeting pertaining to their budget not meeting the 70% instruction cost requirement. Hagar said he had put forth a budget with a 67% instruction cost. He said 35 out of 53 school districts did not meet the 70% requirement. Hagar said the requirement is unrealistic.

ASSEMBLY HALL stated that the AML Board of Directors is addressing a proposed

COMMENTS change that would eliminate local government participation in decisions made by DOT. HALL said the Mayor had already spoken with DOT concerning this issue.

ASSEMBLY USIBELLI stated that she attended the Alaska Tourism Conference in

COMMENTS Anchorage last week. She stated that today tourism is down 40% for bookings for next year, and she feels that is very important to the Denali Borough. USIBELLI stated that the Alaska Department of Labor has put out a book called Alaska Economic Trends for the Denali Borough. She stated that it is just an overview of our area. She stated that they have agreed to come down and talk about this publication if asked.

HALL asked USIBELLI if we were to ask them to attend a Borough meeting, would there be a cost involved. USIBELLI said it would not cost the Borough any money.

CASWELL asked the Clerk for the status of the petitions. The Clerk stated that the due date for one petition is November 11th and the other is due December 20th.

RECESS The Presiding Officer called for a recess at 3:54 p.m.

RECONVENED The Presiding Officer called the meeting back to order at 4:05 p.m.

COMMUNICATION 1.) Government and Civics Class from Tri-Valley High School

AND Presentation regarding redistricting.

APPEARANCES

The presenters were James Minor, Alec Venechuck, Walker Milliken, and Chris Jackson. The group gave a Power Point presentation that included a breakdown of population and proposed plans.

Milliken explained that they researched the Census numbers and that MUELLER, USIBELLI, Mayor Gonzales and School Board President Eileen Armstrong talked to the class about redistricting.

Jackson explained the research that the class did and how it was put together.

Minor explained the way the Borough’s districts are now. He also explained the proposed districts accompanied by maps.

Venechuk talked about a survey that was sent out. They sent surveys to Cantwell, and Healy. He stated that out of out of 1000 surveys they received 41 back, 36 from Healy and 5 from Cantwell respectively.

Lynn Boelsma, Cantwell citizen, asked what redistricting plan the class preferred. Venechuk stated everybody had their own opinion, but that most of the class liked POLLOCK’s plan the best.

ORDINANCES 1.) Ordinance 01-06, version F, an ordinance amending Denali Borough Code of Ordinances, Chapter 24, Section 6, concerning management of Borough Real property.

STOWELL MOVED to amend the last sentence in Section 6 Item A, to replace it with “Temporary easements will be considered on a case by case basis.” PAYNE seconded. The VOTE was unanimous.

MUELLER entertained a motion to remove the word “existing” from the first sentence in Section 6, Item A. STOWELL so MOVED and POLLOCK seconded. The VOTE was unanimous.

STOWELL MOVED amend to replace the word “re-issue” with “extend” in the last sentence in Section 6, Item C. PAYNE seconded.

MICHAELS asked STOWELL why he wants this amendment. STOWELL stated that there was a little confusion on the terms “re-issue and renew”. The VOTE was unanimous.

MICHAELS MOVED to modify the title to add the verbiage “to add’ in the title and the first line of the ordinance. HALL seconded. The VOTE was unanimous.

The Chair entertained a MOTION to adopt. STOWELL so MOVED and PAYNE seconded. The roll call VOTE was unanimous.

2.) Ordinance 01-09, Version B, an ordinance amending Article II, Section 2.02 of the Denali Borough Charter regarding redistricting.

POLLOCK MOVED to adopt. USIBELLI seconded.

CASWELL said the Assembly needs to have a general discussion regarding what the plan is going to be before any of these ordinances gets adopted. He stated that we need to know from our Attorney what is a viable plan(s).

Mayor Gonzales reminded the Assembly that time is getting short. He stated that by next meeting something has to be accomplished. He stated that the Attorney needs to be at the next meeting or the Assembly needs to set a special meeting.

MICHAELS stated that putting more than one option on the ballot may be a mistake. He stated that we need to come up with a fair solution and let the voters vote it up or down. He said it is the Assembly’s job to come up with an ordinance to present to the public. He said that he would prefer to wait until the next meeting to adopt anything, and see if we can come closer to a solution.

HALL said that it would be in the best interest of the Borough for the Borough Assembly and the public to hold a special meeting.

MICHAELS MOVED to amend the ordinance to make the district boundaries in the ordinance the same as the Borough Charter states now. CASWELL seconded.

STOWELL said he was under the impression that POLLOCK wanted the voters in the community of Ferry to be in District 2 at their request.

USIBELLI said the Assembly needs to keep in mind the total allowable variance when changes are proposed to the ordinances.

Discussion followed, and MUELLER asked if there was any opposition from the Assembly if he speaks to this ordinance. There were no objections raised.

MUELLER said the at large plan does not sit well with him, and the Borough attorney has stated that type of apportionment can be constitutionally challenged and constitutionally suspect. He said the way this ordinance is presented is confusing!

A parliamentary procedure question was raised regarding the motion to adopt versus the motion to amend.

RECESS The Presiding Officer called for a recess at 4:34 p.m.

RECONVENED The Presiding Officer called the meeting back to order at 4:38 p.m.

POLLOCK withdrew his motion to adopt, and USIBELLI withdrew her second.

MICHAELS motion to amend the boundaries still stands, as the second of the motion did not want to withdraw his second.

The roll call VOTE on the amendment was 6-3 with POLLOCK, STOWELL, and SHIELDS opposed.

POLLOCK MOVED to take out all of the whereas’s out of the ordinance, and make it fit proper Denali Borough ordinance format. STOWELL seconded. The roll call VOTE was unanimous.

CASWELL asked MICHAELS to explain the difference between 01-09 and 01-11. MICHAELS stated that they are basically the same.

USIBELLI stated that the variance needs to be within the 10%.

STOWELL asked if Midge Clouse, Department of Community and Economic Development, stated that a larger variance can be granted if a reasonable cause is given.

PAYNE stated he believes that she did say that.

USIBELLI asked why there is not an ordinance that addresses redistricting for the school board as well.

MICHAELS MOVED to postpone, CASWELL seconded. The roll call VOTE was unanimous.

3.) Ordinance 01-10, Version B, an ordinance amending the Denali Borough Charter, Article XI, Section 11.01, regarding a sales tax.

STOWELL MOVED to postpone, MICHAELS seconded.

Boelsma stated that in the wake of the terrorist attack she is very concerned about what the tourism numbers will be next year. She stated that now might not be the right time for this tax.

The VOTE was unanimous.

4.) Ordinance 01-11, Version A, an ordinance amending Article II, Section 2.02 of the Denali Borough Charter concerning redistricting. (Introduced by Assembly member Sid Michaels.)

MICHAELS MOVED to postpone indefinitely, STOWELL seconded. The roll call VOTE was unanimous.

5.) Ordinance 01-12, Version A, an ordinance amending Article II, Section 2.02 of the Denali Borough Charter concerning redistricting. (Introduced by Assembly member Jim Caswell.)

CASWELL MOVED to change the name of District 1 to the Southern District, District 2 East to East Central District, District 2 West to West Central District and District 3 to Northern District. MICHAELS seconded. The roll call VOTE was unanimous.

CASWELL stated that this proposal is closer to the 10% variance mark. He stated that it offers the Denali Park/McKinley Village area their own district. He stated that when the Borough was formed the communities did not know each other, and that has changed since then. He stated that a red flag goes up when one district has the majority vote. He said that he has heard people living in District Two make the comment that the “Canyon (where most of the overnight accommodations operators operate) is in our District and that is where the money should stay.” He stated that not the whole Borough feels that way!!

USIBELLI stated that she is from Healy and she does not appreciate CASWELL’s comments. She stated that she has never heard anybody say that. She said the people of the middle district would like to see people equally represented, and if they are not, then they will repeal the decision.

STOWELL said that she must run in different circles because he has heard that plenty of times.

CASWELL MOVED to postpone, SHIELDS seconded. The VOTE was unanimous.

6.) Ordinance 01-13, Version A, an ordinance establishing a 2% general sales tax within the Denali Borough. (Introduced by Assembly member Teresa Hall.)

HALL MOVED to postpone, PAYNE seconded. The VOTE was unanimous.

7.) An ordinance adding Title III, Chapter 22A, titled Excursion Tax to the Denali Borough Code of Ordinances. (Introduced by Assembly member Scott Stowell.) (Next Ordinance 01-14)

STOWELL MOVED to introduce, PAYNE seconded.

The roll call VOTE was 7-2, with MICHAELS and USIBELLI opposed. This will be Ordinance 01-14.

The Chair entertained a MOTION to postpone. STOWELL so MOVED and MICHAELS seconded. The VOTE was unanimous.

8.) An ordinance amending Article II, Section 2.02 of the Denali Borough Charter concerning redistricting. (Introduced by Assembly member Jerry Mueller.)

The Chair entertained a MOTION to introduce. CASWELL so MOVED and HALL seconded.

MICHAELS asked MUELLER to explain this ordinance. MUELLER stated that the district lines would stay the same and the representatives would be 1 in District One, 5 in District Two and 3 in District Three. He stated that instead voting for the candidate only in your district you would vote for all of the candidates.

HALL said that she is in favor of the proposal. She stated that when she sits on the Assembly she represents the entire Borough, not just the people in her district.

CASWELL stated that with this ordinance District Two could decide who gets elected in Cantwell.

HALL stated that when the Borough was first formed the School Board was elected this way and Cantwell was not misrepresented. CASWELL stated that times have changed.

MICHAELS stated that he believes that a small district, such as District 1, might get misrepresented.

PAYNE asked when the dead line on the petitions were. The Clerk explained that two of the petitions are due on December 20th and one is due on November 11.

David Braun, Healy resident, stated that the petition that is due on November 11 was dropped.

USIBELLI stated that there are a lot of Boroughs in Alaska that the elected body is elected by the at large method.

MICHAELS stated this appears to be a one-way street, which means wherever the population lies that is where the control will be. He stated that once we are elected at large it will be hard to get out of it because the area that has control will not vote to give that up.

The roll call VOTE to introduce was 5-4 with POLLOCK, STOWELL, CASWELL, and USIBELLI opposed. This will be Ordinance 01-15.

The Presiding Officer entertained a MOTION to postpone. HALL so MOVED and SHIELDS seconded. The VOTE was unanimous.

RECESS The Chair called a recess at 5:25 p.m.

RECONVENED The Chair called the meeting back to order at 5:40 p.m.

RESOLUTIONS 1.) A resolution condemning the terrorist attack on the United States of America. (Next resolution 01-13)

Mayor Gonzales stated that this is a resolution that is being adopted throughout the country.

CASWELL MOVED to adopt, PAYNE seconded. CASWELL suggested adding stronger language to the resolution.

MICHAELS encouraged the Assembly to unanimously pass this resolution.

PAYNE asked the Mayor if we have an emergency response plan. Mayor Gonzales replied yes.

The roll call VOTE was unanimous. This will be Resolution 01-13.

2.) A resolution adopting the determination of the Denali Borough population as of July 1, 2001.

The Presiding Officer entertained a MOTION to adopt. PAYNE so MOVED, and STOWELL seconded.

CASWELL asked what would happen if we did not adopt this.

USIBELLI stated that when she read these letters from the State it looked like that if Anderson’s Population was changed, the rest of the Borough’s population would need to be adjusted. Mayor Gonzales explained that if Anderson’s numbers were adjusted it would add the difference to our total population.

MICHAELS suggested that the Assembly ask for an extension and wait until the next meeting to see what number the City of Anderson comes up with.

Mayor Gonzales stated that this should be left up to the people that are in that districts to decide. He stated that these numbers are used for Safe Communities Funding, and are not census related.

Discussion followed and the Clerk reminded the Assembly that the City of Anderson can also request an extension from the State. The Assembly decided to wait until the next meeting to discuss this resolution.

CASWELL MOVED to postpone, STOWELL seconded. The VOTE was unanimous.

OTHER 1.) Update on petition regarding reapportionment.

BUSINESS

The Clerk stated that the first petition in circulation had not been formally withdrawn by the sponsors through the Clerk’s office.

2.) Approval of November 6, 2001 ballot.

PAYNE MOVED to approve, HALL seconded. The VOTE was unanimous.

3.) Approval of the Borough election board.

PAYNE MOVED to approve, STOWELL seconded. The VOTE was unanimous.

4.) Liquor license renewal for the Lazy J. Cabins and Denali Crow’s Nest under the beverage dispensary designation.

MUELLER asked the Clerk if any comments had come through her office. The Clerk replied no.

HALL MOVED to take no action, STOWELL seconded. The VOTE was unanimous.

3B.) Alaska Municipal League (AML) Conference student representation.

HALL said Alaska Municipal League is offering to allow a student (youth delegate) to attend their annual conference with no cost to the Municipality. HALL said she is requesting to participate in this project by allowing one School District student to attend the Conference, and she will be the chaperone, and share her room with the student. HALL said the only cost to the Borough would be for travel and meals for the student. She requested that the funds come out of the Assembly contingency line item in the budget.

HALL MOVED that the Borough provide meals and transportation for one student to attend the conference, and USIBELLI seconded. The VOTE was unanimous.

4.) Public comments.

Hagar asked if there has been any progress in setting up a work session for the School Board and the Assembly. MUELLER stated that they are still working on it.

6.) Executive Session regarding Assembly protocol.

HALL MOVED to go into executive session to discuss Assembly protocol, and STOWELL seconded.

USIBELLI asked if Assembly protocol is an appropriate reason to go into executive session. Seeing no response USIBELLI asked if anyone’s character is going to be discussed. No response was given. USIBELLI stated she believes that this is a violation of the open meeting act. USIBELLI said that this could put the Borough into litigation.

The roll call VOTE was 8-1, with USIBELLI opposed. The Assembly went into Executive Session at 6:10 p.m.

STOWELL MOVED to return to the regular meeting at 6:42 p.m., POLLOCK seconded. The VOTE was unanimous.

ASSEMBLY PAYNE asked if we were going to hold a special meeting.

COMMENTS

It was agreed to hold a special meeting on Sunday, October 28, 2001 from 6:30-8:30 in Healy.

NEXT MEETINGS 1.) The next Assembly meeting will be held in Anderson on November 11, 2001.

2.) The Canvass meeting will be held on November 9, 2001 at 6:30 pm., with the Assembly acting as the canvass committee.

3.) The election will be certified during the regular Assembly meeting November 11, 2001.

ADJOURNMENT MUELLER declared the Regular meeting adjourned at 7:00 p.m.

Attest: Approved:

Date Approved: