Minutes of the Regular Meeting

Denali Borough Assembly

Cantwell School

February 10, 2002

 

CALL TO ORDER    Presiding Officer Jerry Mueller called the regular meeting to order at 3:05 pm.

 

ROLL CALL               Assembly members present were: Sid Michaels, Jim Caswell, Jerry Mueller, David Talerico, Teresa Usibelli, Jim Payne, Gerald Pollock, Carol Shields and Mayor Gonzales.  Assembly member Teresa Hall was absent.

 

MUELLER entertained a MOTION to excuse HALL.  MICHAELS so moved and PAYNE seconded.  The VOTE was unanimous.

 

AGENDA                   The Chair entertained a MOTION to approve the agenda PAYNE so moved and SHIELDS seconded. 

 

MUELLER stated that Mr. John Winklmann had requested to be added to the agenda under Communications and Appearances.  POLLOCK MOVED to add the request to the agenda, and SHIELDS seconded.  The VOTE was unanimous.

 

The VOTE to approve the agenda was unanimous.

                                   

CONSENT                 A.)  Liquor license renewal requests for Denali Wilderness

AGENDA                   Lodge, the Perch restaurant, McKinley Creekside Cabins, Bear Creek Coffeehouse, McKinley Denali Salmon Bake, Summit Restaurant and Lounge, Cruiser’s Resaurant/Deli, and Mt. View Liquor and Grocery.

                                   

                                    B.)  Transfer of ownership (needs approval vote) for the Kantishna Lodge.

 

C.)    Election Board approval for the special election.

 

The Chair entertained a MOTION to approve the consent agenda as presented.  TALERICO so MOVED and CASWELL seconded.  The VOTE was unanimous.

                                   

PLANNING                1.)  Department of Natural Resources (DNR) Representative, Kathy Means, regarding an overview of the 2001 Remote Recreational Cabin Site Program (RRCS), and discussion concerning the 2002 and 2003 RRCS Programs.

 

                                    Ms. Kathy Means, Project manager RRCS, gave a brief overview of the 2001 Program held last summer.  She said in the two areas offered last summer, 21 people staked land.  Means said she is here to let the Assembly know their proposed lands for the 2002 and 2003 Programs.  Means said the leases for those who staked are almost complete.

 

                                    Means said the 2002 offerings are located near Mucho Lake and the Wood River area.  She said these areas have been offered in the past through a different DNR Program.  She said the lands offered in the Wood River area have some trespass issues.  She said there is an airstrip there that may not be a permitted airstrip, and the person who built that airstrip does not let anyone else use it.   She said DNR wants to clear those issues up before they offer the land for staking. 

 

                                    MICHAELS asked if the airstrip is in the trail itself.  Means said yes.   

 

                                    PAYNE asked for a copy of the proposed lease.  Means complied.

 

                                    Discussion followed regarding access to the lands in the Mucho Lake area.  

 

                                    Means gave a brief overview of the lands proposed for the 2003 Program.  She said those lands are also near Mucho Lake.  

 

                                    Means said their proposed schedule for the 2002 offering would be to have the assembly give conceptual approval during their March meeting, and have the brochure ready for the public by late May.  She said this would give the public a three and a half month staking period.

 

                                    Deputy Denali National Park Superintendent Dianne Chung was in attendance and she introduced the new Park Superintendent Paul Anderson.  Mr. Anderson said he is looking forward to working with the Assembly.  

 

MINUTES                   1.)  January 13, 2002: Work Session, Public Hearing, and regular.

 

                                    PAYNE MOVED to approve and SHIELDS seconded. The VOTE was unanimous.

 

FINANCIAL                The Chair entertained a MOTION to receive the November and

REPORTS                 December 2001 financial report.  MICHAELS so MOVED and PAYNE seconded. 

 

USIBELLI asked why the November was amended.  MICHEALS explained that the revenues receipted in July were June revenues.    The VOTE was unanimous.                       

 

MAYORS                   Mayor Gonzales said he attended the Denali Borough School

REPORT                    Board meeting last month.   He said there were a lot of people at that meeting, as the Board was discussing their budget.  The Mayor said the Board is looking forward to the joint work session on February 16th, at 10:00 a.m.

 

                                    He attended the Alaska Conference of Mayors quarterly meeting in Juneau.  He said he was able to thank some of the Legislators for their recent help, and lobby for some future needs of the Borough. 

 

                                    The Mayor said the DOT Jack River Dredging Project would take place this summer once the Assembly gives approval for the Project.  He said there would be a resolution presented during the next meeting.

 

                                    February 6th he met with Joe Fields regarding HB244.  He said the administration would be proceeding with caution.  The Mayor also met with DOT Northern Region Director Ralph Swarthout regarding the Northern Access Feasibility Study.  Mayor Gonzales said he and DOT are working on a Transfer of Responsibility Agreement (TORA), and once that’s complete the Borough will being to receive funds for the project.  Mr. Jerry Rafson, DOT engineer, will be the DOT contact person for this project.

 

                                    Mayor Gonzales said that one of the landfill cells is almost filled to capacity.  He said the life of each cell is approximately four years.

 

                                    Mayor Gonzales met with Village Safewater Engineer Doug Poage regarding the $160,000 solid waste feasibility study funds.  For the first time in a grant the administration has asked for an administrative fee of 10% of the grant, payable to the Denali Borough.    He said we built a $2 million landfill and never took a penny for administrative costs.

 

                                    Mayor Gonzales attended the going away party for NPS Superintendent Steve Martin on February 8th.  A good time was had by one and all!

 

                                    February 9th the Mayor attended the celebration in Nenana inaugurating the new President of Doyon.  

 

                                    MICHAELS asked if the Borough landfill is accepting coal ash from the Clear Air Base.  Mayor Gonzales said he is working on the contract with the Base.

 

DBSD SUPT.            Denali Borough School District Superintendent Chris Hagar

REPORT                    submitted his written report via the Clerk.

 

ASSEMBLY               USIBELLI asked about the December 21st meeting minutes. 

COMMENTS             The Clerk said she is working on them.  USIBELLI asked if there was anything she could review on those minutes.  The Clerk said yes.       

 

COMMUNICATION   Mr. John Winklmann, Healy resident and Chairman of the At-Large Committee, thanked the Assembly for the opportunity to speak.  He handed the Assembly his complaint regarding the recent mailout sent to all the boxholders in the Borough.  Winklmann said the mailout is partisan, inaccurate, and misleading.  He said the At-Large group initiative only received four paragraphs on the first page of the mailout.  He said the first paragraph under proposition number two says the ordinance was produced at the request of the school board.  Winklmann said at best this statement is inaccurate and misleading.  He said, “We all know the Assembly planned and then solicited the school board for this input.”  Winklmann’s third point of contention was the maps included in the mailout.  He said he knows these maps, as stated in the mailout are not to scale, but he thinks they are misleading and disproportional. 

 

Winklmann said the ballot is confusing as well.  His letter said he is requesting that the Assembly issue an apology, and mail that to the boxholders.

 

RECESS                   MUELLER called for a recess at 4:12 p.m.

 

RECONVENE           MUELLER called the meeting back to order at 4:25 p.m.

 

ORDINANCES          1.)  Ordinance 01-07, Version A, an ordinance amending the Denali Borough Code of Ordinances, adding Chapter 22, pertaining to business licenses.

 

PAYNE moved to postpone to the next meeting TALERICO seconded. The VOTE was unanimous.

 

2.)  Ordinance 02-01, Version A, an ordinance amending the Denali Borough Enabling Code, Title 1, Chapter 4, Public Records.

 

PAYNE MOVED to adopt, MICHAELS seconded.

 

CASWELL stated that he would like to take this to all of the communities.

 

The motioner and second withdrew their motion.

 

MUELLER, as sponsor of this ordinance, said he put forth this ordinance to provide the administration with additional guidelines for public record requests. 

 

CASWELL MOVED to postpone this ordinance until the next meeting, and MICHAELS seconded.

 

TALERICO spoke against postponement.

 

CASWELL said the Assembly tries to take the ordinances to all four communities.   

 

USIBELLI asked if it should be listed in this ordinance that the Denali Borough has a handbook that could be handed out.  She said in the Code it does not say specifically when things should be available to the public, like the meeting tapes. 

 

MUELLER reminded the Assembly that they did not want to be dictating to the Administration how to run the office.

 

Ferry resident Jenasy Jensen said she is a member of the Personnel Committee and they are working on the Personnel Policy right now. and they will be finalizing it for Assembly review in the near future.   

 

The VOTE was 7 to 1, with TALERICO opposed.

 

RESOLUTIONS        1.)  A resolution in support of the Borough applying for a Denali Training Fund Grant.  (Next resolution 02-02)

                                   

Gail Pieknik, Denali Borough  Land Technician said the Mayor had found out a grant being offered by the Denali Commission Training fund.  She said the funds would be used to train our Landfill employees regarding heavy equipment use and maintenance.  Pieknik said the amount requested is $6725.75 

 

PAYNE MOVED to adopt the resolution, and SHIELDS seconded. 

 

MICHAELS MOVED to amend the amount in the resolution to $6725.75, and CASWELL seconded.  The VOTE was unanimous.

 

The roll call VOTE on adoption was unanimous.  This will be Resolution 02-02.

                       

OTHER                       1.)  Ethics Committee formation discussion.

BUSINESS

USIBELLI MOVED to send the information she put in the packets regarding an ethics committee to the Personnel Committee for their review and recommendation.  SHIELDS seconded. The vote was 7 to1, with CASWELL opposed.

 

USIBELLI volunteered to bring a complaint form for assembly review to the next meeting.

 

PUBLIC                      MUELLER said Dave Braun had signed up to speak during this

COMMENTS             time and MUELLER said in the past Braun’s comments have been inflammatory, accusatory, and personal attacks pertaining to the character of a person.  He said Braun should be aware of Roberts Rules of Order, as he is a member of the Borough Personnel committee, and asked that Braun abide by Roberts Rules of Order. 

 

Healy resident David Braun said he would like the Assembly to abide by the same rules as he is being asked to adhere to.  He said he had been accused of harassing the office staff and grabbing things out of their hands, etc.  He said that Assembly member PAYNE had threatened to assault him even if it meant that PAYNE had to go to jail.  MUELLER said this is not a public pulpit and asked Braun to get to the point, as his three minutes was almost over.  Braun said the Presiding Officer is supposed to facilitate the meeting, not dominate it.    He said the Assembly has double standards as pointed out at a previous meeting by John Winklmann.  Braun said it’s curious to him that the December 21st Special meeting minutes are not on this agenda.  Braun said they are very crucial to the reapportionment issue.  He said he has made numerous complaints about unethical behavior by Assembly members.   He said this Assembly has violated the Open Meeting Act several times starting in May with two illegal meetings.  In October the minutes and the tapes have been altered and destroyed, intentionally or otherwise.  He said in the tape where MUELLER talks about the supposed Open Meetings Act violation, the tape was intentionally destroyed.  He said the Assembly voted seven to two in favor of adopting those minutes without that discussion in them.  Braun said they voted in favor of falsifying those minutes.  He said the Assembly is the fox in the hen house when it comes to public records access violations and unethical behavior.

 

                                    Armeda Bulard, Cantwell resident spoke in favor of the revenue development task force ideas being worked on by the assembly.    

 

ASSEMBLY               MICHAELS said there is an election on the 19th.  He said the

COMMENTS             pamphlet put out by the at large group says there method will insure equal vote.  He said that is a true statement, but what the pamphlet doesn’t state is that at large insures unequal representation.  He said if Congress was elected at large, then Alaska would not have ANY representation!! 

 

                                    CASWELL said he is sorry Dave Braun left because his statement pertains to him.  CASWELL said during the public comments section of the meeting Dave Braun repeatedly makes statements that appear to be facts, but those are his opinions.  CASWELL said some of those statements are inaccurate.

 

                                    Nan Eagleson, Denali resident, said she would like clarification regarding when the public is suppose to speak during the meeting.  She said she does not like the idea of the Assembly taking a stand on ballot issues.  MUELLER reminded her that the Assembly did not take a stand on ballot issues.  It was one Assembly member voicing his opinion.  MUELLER said there was a sign in sheet for public participation during the public hearing.  Eagleson said she had come in late and must have signed the wrong sheet.

 

                                    USIBELLI MOVED to suspend the rules and return to the public comments section of the agenda.  CASWELL seconded, and the VOTE was unanimous.

 

Nan Eagleson spoke in favor of the at large method of apportionment and expressed her gratitude to Pat and John Winklmann for all their hard work on the petition.  She said she likes the idea of the small communities not being pitted against one another.  Eagelson said she feels all the communities are a vital part of the whole Borough.

 

Ferry resident Jenasy Jensen said she is a member of the School Board and feels that she represents the entire school board not just her district.  Jensen said some people who live north of Panguingue Creek were not in favor of the Assembly reapportionment ordinance.  She said they would prefer to have the lines based on school district attendance lines.  Jensen said the Assembly’s mailout said the reapportionment ordinance was “at the request of the school board”.  She said an Assembly member came to the School board meeting and said if you don’t put something on the ballot, then by ordinance the school board seats will be the same as the Assembly’s.  She said that was by coercion instead of at the request of the school board.  She said that was misrepresented.  Jensen said the school board wants, if there are districts, to have those district the same as the attendance lines.  She said she feels the information that was mailed to the public was somewhat misleading.  Jensen said most of their School board presidents have come from Cantwell.

 

Discussion followed.

 

USIBELLI thanked the Mayor and Gail for allowing her to participate in the selection of the Village Safe Water Grant Feasibility Study Project Manager.  She said she is looking forward to participating in the Elected Officials Training in March.

 

MEETINGS                After minimal discussion the Canvass Meeting was set for February 22, 2002, 6:30 at the Tri-Valley Community Center.

 

                                    MICHAELS MOVED to appoint the Assembly as the Canvass Committee for that meeting.  CASWELL seconded.  The VOTE was unanimous.

 

The next Assembly meeting will be held on March 10, 2002 in the Anderson City Council Chambers.

 

ADJOURNMENT      MUELLER declared the regular meeting adjourned at 5:05 pm.

 

 

ATTEST:  _________________________          APPROVED:  __________________

 

 

Date Approved:  ____________________