Minutes of the Work Session

Denali Borough Assembly

McKinley Village Community Center

September 8, 2002


CALL TO ORDER††† Presiding Officer Jerry Mueller called the work session to order at 2:00 pm.


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


††††††††††††††††††††††††††††††††††† Mayor Gonzales introduced John Davies who is running for Senate SeatE, and David Guttenberg who is running for House District8.


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.


TALERICO stated that he is pretty happy with the way the ordinance is right now.MICHAELS said this ordinance has been to all four communities so it could potentially be put up for adoption today.


MAYORíS††††††††††††††††† Mayor Gonzales stated that on August 13 he met with Department REPORT††††††††††††† of Natural Resources in Fairbanks regarding an easement through

Denali Borough land.This will be discussed later in the meeting.


On August 16 he went by bus with several Assembly members to Kantishna to visit the constituents out there.He said they made it as far as Wonder Lake due to weather conditions.


On August 21st he traveled to Pelican to attend the AML/ACOM conference.


Mayor Gonzales said he has had several meetings with DOT (Department of Transportation) and ATC (Alaska Transportation Consultants) to discuss Phase I of the NARS (Northern Access Reconnaissance Study).He said he is anticipating that Phase I will be completed by the end of September.


Mayor Gonzales said he and Assembly member MICHAELS attended the Anderson Council meeting and there will be a resolution coming up during the regular meeting that he would like the Assembly to adopt.He said the resolution supports their request for funds to expand their sewage lagoon.


He said that he had received a letter from Mr. Neal Laugman protesting the rejection of two of his petitions he filed with the Borough Clerk.This issue will be addressed during the regular meeting.


Last Friday Mayor Gonzales met with Village Safewater representative Doug Poage to discuss the next step for the water and sewer feasibility study.


Mayor Gonzales said Mr. Mike Crofoot had written a letter protesting the closure of bars and liquor stores on election day.MUELLER said the letter says thatís the Boroughís law, but that is state law that calls for the closure during the hours the polls are open.


He stated that he received a notice of complaint from APOC (Alaska Public Offices Commission).He said the Administration is addressing the complaint.


MICHAELS asked the Mayor to elaborate on the complaint.


Borough Attorney Jim Gorski stated that a complaint was filed in May and a week ago the office received a letter from APOC.He said APOC is addressing one of the three complaints.He said the other two complaints were not pursued by APOC.Gorski said one complaint is being investigated, and if that complaint turns out to be true, that it could potentially be a violation of the Alaska Statutes.He said the response to the complaint is ready to be mailed to APOC.


MICHAELS asked what the other two dismissed complaints state.


Mayor Gonzales said the other two dismissed complaints deal with an Assembly member who the complainant thinks should not be allowed to be on the Assembly, and the other one is about alleged misconduct by the Borough Clerk.He said the complaint the Borough is responding to involved the alleged misuse of public funds.

USIBELLI asked if our office has prepared a statement to respond to the complaints that APOC dismissed due to it not being in their jurisdiction and the other one they found no fault with.


Mayor Gonzales said the complaint was to APOC not to the Borough.


CASWELL said he thinks USIBELLI is asking if the question of his residency is going to be addressed by the Assembly.He said if APOC does not have jurisdiction over that issue then who does.


MICHAELS asked how you determine if he is a resident or not.He stated that it was his understanding that they would check with the Division of Elections and see where he is registered to vote.


Discussion followed.


Healy resident David Braun read from Section 15.050.020, which states ďa residence of a person is that place in which the personís habitation is fixed and to which whenever absent the person has the intention to return.If a person resides in one place but resides in another, the former is the personís place of residence.Temporary construction camps do not constitute a dwelling place.Braun said CASWELLís APOC form plainly lists his home as Anchorage.He said his mining claim is not his residence.He said when CASWELL is not at Usibelli Coal Mine or at his limestone mine, he goes home to Anchorage.


CASWELL stated that he would like to address this residency issue during the regular meeting.


USIBELLI stated that three months ago the Attorney drafted a letter that provided us with residency requirements.


Gorski said he believes that was concerning a different issue, like election certification.


Ray Gary, Healy resident, said he thought this issue was given to the Borough attorney during the last meeting.He said if that had been done we would have an answer by now.He said this looks like the Assembly is putting this issue off, and that looks really bad.MUELLER said an Assembly member must make a motion to refer an issue to the attorney, and that was not done during the last meeting.


Braun said this has been stonewalled since May.He said itís the duty of the Presiding Officer to add things like this to the agenda.


MUELLER said this has been on the agenda.


CASWELL reiterated his comments concerning adding the residency issue to the regular meeting agenda.


USIBELLI asked if the reason listed on the agenda to go into executive session is acceptable under the open meetings act.MUELLER said that can be discussed when the time comes to go into executive session.USIBELLI suggested reviewing the Open Meeting Act to see if this statement is compliant.MUELLER said the Assembly had reviewed the Code for compliance many times before.


USIBELLI said she thinks it does not meet the criteria, and she thinks the Assembly should address it.


MUELLER asked the Assembly if they want to have a discussion on the Open Meeting Act.Hearing no affirmative responses, MUELLER declared the work session adjourned.


ADJOURNMENT††††† MUELLER declared the work session adjourned at 2:20 pm.




Attest:†††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††† Approved:†††††††††††††††††††††††††††††††††††††††


Date Approved:††††††††††††††††††††††††††††††††††††††††††