Minutes of the Regular Meeting

Denali Borough Assembly

Anderson School

November 19, 2003



CALL TO ORDER    Deputy Presiding Officer Gerald Pollock called the regular meeting to order at 7:10 pm.


ROLL CALL               Assembly members present were: Jim Caswell, Sidney Michaels, Bob Shelton, Teresa Hall, David Evans, Gerald Pollock, Baxter Mercer and Cynthia Trytko.  Mayor David Talerico was also present.  


                                    MERCER MOVED to move public comments before the Oath of Office. HALL seconded. The VOTE was unanimous.


PUBLIC                      David Braun, Panguingue Subdivision, stated that he asked Mr.

COMMENTS             Mercer to move the Public Comments because he believes the public should be able to comment prior to the Assembly taking action.  He wanted to give comment about the Presiding Officer prior to his/her appointment.  For Senator Wilkins information, we’ve had a Soviet style government here where the rules of procedure have been used to silence the decent and they have been used in a preferential way to appear to give a greater voice to those who agree with the Presiding Officer and denied equal protection to other members and the Borough citizen.  There is a three minute limit on these sort of comments but some members of the public, even residents that are outside of this Borough, are allowed to ramble on for ten or fifteen minutes but people who actually live in the Borough who decent to the opinions of the Presiding Officer do not get the fifteen minutes, based on the Presiding Officer decisions. Mr. Braun would like to see a Presiding Officer who would enforce the goals of procedure to be fair to all people.


                                    1.) Oath of Office for new Assembly members.







2.) Selection of Presiding Officer and Deputy Presiding Officer.


Caswell nominated POLLOCK for Presiding Officer, EVANS seconded.  POLLOCK won by acclamation. POLLOCK asked if there were any objections.  There were none.


                                    CASWELL nominated MERCER for Deputy Presiding Officer, MERCER declined the nomination.


                                    POLLOCK nominated LAUGMAN as Deputy Presiding Officer EVANS seconded. LAUGMAN won by acclamation.  There were no objections.


AGENDA                   Mayor TALERICO asked to amend the agenda by adding Sid MICHAELS to seat F on the Finance Committee. The Mayor also asked that a resolution be added to thank Teresa Hall for her service.


                                    MICHAELS MOVED and LAUGMAN seconded to amend the

agenda. The VOTE was unanimous.


The VOTE to approve the agenda with changes was unanimous.


MINUTES                   1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on October 8, 2003.


                                    MICHAELS MOVED to substitute draft B of the minutes. CASWELL seconded. The VOTE was unanimous.

                                    LAUGMAN MOVED to approve draft B of the minutes as presented. MERCER seconded. The VOTE was unanimous. 


MAYOR’S                  Mayor Talerico gave a brief report of his activities for the last

REPORT                    month. 


                                    The Mayor spoke to the issue of being served papers by Mr. Braun who is contesting the November 2003 Election.  The court papers were sent to the Borough attorney.  CASWELL asked what these lawsuits are going to cost the Borough.  CASWELL stated that it is taking money away from the school and supplies. CASWELL asked the Mayor to ask Mr. Gorski about the financial impacts to the Borough.


CASWELL stated that a written response would be sent to Mr. Braun in response to his complaint from the Special meeting.


                                    The Mayor commented on the show of net gain of $278,384.00 from Morgan Stanley. The Vanguard and Schwab accounts will be the next items to look into.


                                    LAUGMAN asked if these bonds are GNMA.  The Mayor stated that they were and that new bonds were purchased.

                                    CASWELL asked about the Valdez request for a resolution. Mayor TALERICO stated that he had spoken to Mr. Dengle from Valdez and would try to get more info.


                                    LAUGMAN MOVED to have the Mayor write a letter on behalf of the Anderson residents and their Post Office closing. MICHAELS seconded. The VOTE was unanimous.


FINANCIAL                LAUGMAN MOVED to receive the October 2003 financial report,

REPORT                    MICHAELS seconded.  The VOTE was unanimous.


                                    EVANS asked to input historical data into the report.

                                    Mayor TALERICO stated that something could be done.


DBSD SUPT.            Superintendent Bob Wicker gave a written report and verbal report.

REPORT                    Mr. Whicker discussed the student count and the PEAK program has been well received with 270 kids. Three students went to the Alaska Association of School Board Conference and did a great job. The lap top initiative is moving forward with updates to software & peripherals. The code upgrade is continuing. Books are being put into the library and the administration offices should open next week. Completion date is January 2. Teleconferencing grant money will be given on November 24. Installation is due late December or early January. The School Business Partnership luncheon will be on December 2 at the Perch to celebrate business partnerships.


ASSEMBLY.              MICHAELS discussed the Monday night Northern District Meeting

COMMENTS             of the Assembly and 12 people showed up.  He would like to schedule the next one for December 8, from 6-8 PM.


LAUGMAN spoke about the loud noise that happens in the Borough office with regard to the boiler and it needs to be addressed. Motions made during Assembly comments need to be addressed to have some consistency.


CASWELL spoke about the fact that in Healy we have been fortunate for many years and have used the services of the Healy Clinic, and it wasn’t his intention to bring John & Pat Winklmann into the conversation earlier.


Teresa Hall stated that Mayor TALERICO won the Alaska Municipal League (AML) board seat.


Mayor TALERICO introduced Senator Gary Wilken and thanked him for coming.


COMMITTEE             The Mayor made the following recommendations for the Land Use SEAT                               Planning Committee:


Seat C – Dave Tomeo-MICHAELS MOVED to approve. SHELTON seconded. The VOTE was unanimous.


Seat E – Tim Venechuk-MICHAELS MOVED to approve. EVANS seconded. The VOTE was unanimous.


Seat F – Chuck Tomkiewicz –LAUGMAN MOVED to approve. MICHAELS seconded. The VOTE was unanimous.            


Seat G – Tammy Scholten- MICHAELS MOVED to approve. MERCER seconded. The VOTE was unanimous.


The Mayor made the following recommendations for the Personnel Committee:


Seat D – Teresa Hall- MICHAELS MOVED to approve. TRYTKO seconded. The VOTE was unanimous.


Seat E – Jenasy Jensen- MICHAELS MOVED to approve. TRYTKO seconded. The VOTE was unanimous.

The Mayor made the following recommendations for the Finance Committee:


Seat B – Neal Laugman- MICHAELS MOVED to approve. TRYTKO seconded. The VOTE was unanimous.


Seat D – Nancy Hollis- MICHAELS MOVED to approve. CASWELL seconded. The VOTE was unanimous.


Seat E – Sid Michaels- CASWELL MOVED to approve. EVANS seconded. The VOTE was unanimous.


COMMUNICATION   Senator Gary Wilken discussed Unorganized Boroughs- The

& APPEARANCE     Senator gave a power point presentation on SCR 12 speaking to organizing areas into Boroughs so that they may contribute towards education, promote economic development, advocate for the region, plan functions for communities among other things.

The Senator asked for a resolution to be brought forth at the December meeting.


RECESS                   POLLOCK called a recess at 8:45


RECONVENED        POLLOCK called the meeting back to order at 8:50.

                                    LAUGMAN MOVED to suspend the rules and extend the time

                                    to adjourn at 10:00 P.M. MERCER seconded.  The VOTE was

                                    8-1 with MICHAELS opposed.


1.)   ORDINANCES    1.) 03-18, an ordinance of the Denali Borough amending the Denali Borough budget for Fiscal Year 2004.


LAUGMAN MOVED to adopt and MICHAELS seconded. The

roll call VOTE was unanimous.


2.)   Ordinance 03-03, Version C, an ordinance amending the   

      Denali Borough Code of Ordinances, Chapter 21, pertaining 

      to severance tax.


Evans MOVED to amend to change Section 3 B to say the Clerk shall register without charge to the severer ….CASWELL seconded. The VOTE was unanimous.


LAUGMAN MOVED to adopt. MICHAELS seconded. The roll call VOTE was unanimous.


3.)   Ordinance 03-08, Version C, an ordinance amending the Code by the addition of Title 5, Chapter 36, titled management of borough real property.


LAUGMAN MOVED to amend by substitution, Version D.  MICHAELS seconded. The VOTE was unanimous.


MICHAELS MOVED to postpone to the next meeting TRYTKO seconded. The VOTE was unanimous. 


4.)  Ordinance 03-12, Version A, an ordinance amending the Code by addition of Title 5, Chapter 36, titled a Code of Ethics for the Denali Borough Mayor, Assembly and Borough employees.


                                    MICHAELS MOVED to postpone. There was no second. The MOTION fails.


                                    LAUGMAN asked if anyone had problems with the language and to consider sending it back to the personnel committee.


                                    CASWELL MOVED to postpone indefinitely. MICHAELS seconded. The Motions were withdrawn.


                                    TRYTKO MOVED to send all ethic related ordinances back to the personnel committee for clarification of Section 3a & b because it needs to mention the Borough Assembly and Mayor not only the employees. This includes Ordinances 03-12, 03-14, 03-15, and 02-06 (02-06 for reference only).


                                    TRYTKO stated that she is also concerned about the language of “High moral standards” and what does that mean.  It could mean different things to different people.  She asked if the Personnel Committee could look into that language and make recommendations to the Assembly.


MICHAELS seconded the MOTION .  The VOTE was unanimous.


                                    5.)  Ordinance 03-14, Version A, an ordinance amending the Code by the addition of Title 5, Chapter 38, creating the Denali Borough Ethics Commission Policies and Procedures.


                                    6.)  Ordinance 03-15, Version A, an ordinance amending the Code, Appendix of Forms P, Q, R, S, T, U, and V, pertaining the Code of Ethics.




                                    7.)  Ordinance 02-06, Version A, an ordinance providing for an ethics commission and providing for disposal of alleged violations.


8.) 03-17, an ordinance establishing land use regulations to conform to requirements of the National Flood Insurance Program and provide for an effective date.


MICHAELS MOVED to postpone to the next meeting, CASWELL seconded. The VOTE was unanimous.


9.) (next ordinance 03-19). An ordinance amending the Charter of the Denali Borough Home Rule Borough, Article V,  Section 5.01, pertaining to Election Day


LAUGMAN MOVED to introduce. MICHAELS seconded.


POLLOCK asked that Teresa Hall the sponsor of this ordinance, to speak to it.


HALL spoke to the issue. The Denali Borough is the only Borough that holds their election in November. The reasoning was that it was more in line with State elections but that it denies the Newly Elected Officials from attending the AML, which is held in November.


CASWELL stated that he is opposed to the ordinance and spoke to the issue of Anchorage having an election in April because it is when they approve the bond issues for the school. The April election creates lower voter turnout thereby it is weighted and the bonds pass. The same thing would happen in Denali.


MICHAELS stated that the City of Anderson does the same thing as the Denali Borough because they would also have a low voter turnout. The candidates have to submit paperwork in September for an October election. This would push that deadline into August and a lot of people are out of town at that time.  MICHAELS would prefer to keep it in November to get higher voter turnout.


HALL stated that this is a Borough Charter change and would need to go before the people.


The roll call VOTE was 7-2 with CASWELL, EVANS, SKINNER, POLLOCK, SHELTON, MICHAELS and LAUGMAN opposed.  The MOTION fails.


10.)  An ordinance amending the Code pertaining to the budgetary reserve.


TRYTKO MOVED to introduce. MICHAELS seconded.


MERCER stated that if this passes it would give us less money next year.



11.) An ordinance creating Title IV, chapter 28 of the Denali Borough Code of Ordinances providing for evaluation and acquisition of economic development land by the Borough.


CASWELL MOVED to introduce, MERCER seconded.


CASWELL brought this back to have the Assembly look into the financial issues. We need a strong local economy if we are to manage the needs of the Borough. If assets are managed properly, it will help the future.


MERCER spoke about the last time Mr. Fields was here he wanted nothing to do with the Denali Borough. MERCER asked if this pertained to Kantishna Holdings.


CASWELL stated that he would not rule it out but we should look at the project and see if it is in the best financial interest of the Borough.


LAUGMAN agrees that some of this is worth talking about but does not believe Kantishna Holdings is the right way to go. The premise is good.


EVANS stated that if it is reintroduced as an example, there should be a statement as such. Wait for the NARS study, why recreate the wheel.


TRYTKO stated she thought most of the people in the Stampede area were opposed to this idea.


MERCER stated that TRYTKO was correct. This ordinance can be used as a study.


CASWELL stated that Fields worked with us for ten years and there are parts in this ordinance that speak to economic gain. We need to look at this as trustees of the general welfare of the public and we need additional sources of revenues.


LAUGMAN has problems with using this ordinance as a starting place.


SHELTON does not support the ordinance.




RESOLUTIONS        1.)  (next resolution 03-16) A resolution of the Denali Borough Assembly concerning participation in the National Flood Insurance Program. (Sponsor: Mayor David Talerico)


MICHAELS MOVED to postpone to the next meeting. MERCER seconded. The VOTE was unanimous.


2.)   A resolution concerning the USA Patriot Act, the Bill of Rights, and the civil liberties, peace, and security of the citizens of our nation. (Sponsor: Sid Michaels)


MICHAELS MOVED to adopt.  EVANS seconded.  The roll call VOTE was 7-2 with POLLOCK and CASWELL opposed.  The MOTION passes.  This will be Resolution 03-16.


                                    3.)  A resolution appointing the Denali Borough Assembly to serve as Ethics Commission. (Sponsor: Baxter Mercer)


                                    MERCER MOVED to adopt, CASWELL seconded.


                                    MICHAELS explained that he believes a Commission must be set up by ordinance.  He asked the Parliamentarian to reiterate.


                                    Gail Pieknik, Borough Clerk, stated that according to Title II, Chapter 13, Section 2 of the Code of Ordinances, it states that all Commissions shall be created by ordinance.


MERCER challenged it and stated that the Charter does not state that.  According to Article III, Section 3.02 it does not say a word about how a Commission is formed and if the Charter is changed, it needs to be by a vote of the people.


MICHAELS stated that the Charter does not really address this issue.


                                    Mayor TALERICO stated that there is an ordinance that states

                                    Commissions are enacted by ordinance and although it is not in the Charter, an ordinance addresses it.  The question is that if it is not in the Charter does it nullify any ordinance passed that isn’t in the Charter?  There is a Bill of Rights, which is an amendment to the Constitution and that is a rule.  By stating it needs to be in the Charter, does that mean that every time an ordinance is passed, the Charter would need to be changed?


                                    CASWELL withdrew his second and MERCER withdrew his MOTION to adopt.


                                    MERCER MOVED to send the resolution to the lawyer for clarification on this issue.  MICHAELS seconded. The VOTE was unanimous.


                                    4.)  A resolution extending appreciation and gratitude to Teresa Hall for the time and energy she dedicated to the Denali Borough Assembly. 


The resolution was read by MICHAELS. MICHAELS MOVED to adopt. TRYKO seconded.  The roll call VOTE was unanimous.  The MOTION passes. This will be Resolution 03-17.


                                    LAUGMAN asked to suspend the rules to adjourn at 10:30 PM.  MERCER seconded.  The vote was 8-1 with MICHAELS opposed.  The MOTION passes.


OTHER                       1.) Mayor’s Annual Work Plan


                                    MICHAELS thanked the Mayor for adding Anderson into the plan.


                                    LAUGMAN thanked the Mayor for having a plan. LAUGMAN MOVED to approve and MERCER seconded. The roll call VOTE was unanimous.  The MOTION passes.


2.)  Discussion regarding Northern Access Reconnaissance Study (NARS).


The Mayor discussed the changes that he would like to make to the Memorandum of Understanding (MOA) and wanted comments from the Assembly because they are the Management Team.


Discussion continued.


LAUGMAN MOVED to have the Mayor proceed to negotiate the MOA and MICHAELS seconded.  The VOTE was 7-2 with CASWELL & MERCER opposed.


3.)   Liquor License renewal request :


A.      Clear Sky Lodge, Inc. – License # 242, Beverage    Dispensary

B.     Clear Sky Lodge, Inc. License # 243 Package Store

            Located: Mile 280 Parks Hwy

            Owner: Clear Sky Lodge, Inc.

            Agent: Carol Shields

C.    Denali Crows Nest – License # 2390 Beverage Dispensary Tourism Seasonal

Located: Mile 238.5 Parks hwy

Owner Big Eight Energy, Inc.

                                                            Agent: Mike Crowfoot


                                    MICHAELS MOVED to take no action and CASWELL seconded. The VOTE was unanimous.


PUBLIC                      4.)  There were no public comments.



ASSEMBLY               SHELTON welcomed the new members


EVANS looks forward to the next work session and feels confident that there are revenue sources.


                                    TRYTKO thanks Teresa Hall for her services.


                                    CASWELL stated that we need long-term solutions so that the Denali Borough does not fail like other Boroughs. We need to look ahead to have continued success.


                                    SKINNER voted for the tax and doesn’t mind paying for her kids to go to school.


                                    LAUGMAN welcomed SKINNER and agrees with CASWELL that we need to do what is right for the schools and we need to make some plans.


                                    MERCER spoke against the KHI ordinance.  After the budget passes in June next year, who do you think will bring up the bed tax issue?


                                    MICHAELS appreciated how productive tonight’s meeting was.


                                    LAUGMAN MOVED and MICHAELS seconded to remove the 9:00 meeting deadline off the agenda. The vote was 7-2 with

EVANS and CASWELL opposed.  The MOTION passes.


NEXT MEETING       The next regular meeting will be held at the Tri-Valley Community Center, in Healy on December 10, 2003.


ADJOURN.                Presiding Officer POLLOCK declared the regular meeting adjourned at 10:15 pm.




ATTEST:  _______________________  APPROVED:  __________________




Date Approved: