Minutes of the Regular Meeting
Denali Borough
Assembly
Anderson School
July 9, 2003
CALL TO ORDER Presiding Officer Jim Caswell called the regular meeting to order at 7:12 pm.
ROLL CALL Assembly members present were: Jim Caswell, Sid Michaels, Bob Shelton,
Neal Laugman, Teresa Hall, Cynthia Trytko, Gerald Pollock, Dave Evans and
Baxter Mercer.
Also
present: Mayor David M. Talerico and
State Representative David Guttenberg.
PUBLIC David Leavy, Anderson/Clear, spoke against the State building
COMMENTS a bridge over the Rex Railroad crossing. He stated that this project affects 13 individual families within the immediate area and there are many issues that have not been solved.
Rebecca Mueller, from the Anderson /Clear area also spoke against the State building a bridge overpass over the Rex Railroad crossing. She stated that she is against the Resolution pertaining to this issue until the concerns of the people involved are taken care of.
Representative Guttenberg stated that there are many issues of concern on the Governors road show and that to please stay informed by going to the AML (Alaska Municipal League). He also stated that he has been working on many local issues such as the University’s Cantwell Cabin. He continued stating that he contacted Sgt. Tanner with the State Troopers about the traffic speed on the highway.
Representative Guttenberg also spoke about the Patriotic Act that was on the agenda stating that he was glad to see it being discussed.
On the Railroad Crossing issue, Guttenberg stated that he has been involved with this issue throughout the state and he is planning on staying involved on this important safety issue.
AGENDA HALL MOVED to approve the meeting agenda as presented and TRYTKO seconded. The VOTE was unanimous.
MINUTES 1.) Assembly Meeting: Work Session, Public Hearing, Regular Meeting held on June 11, 2003.
HALL MOVED to approve the minutes of the June 11, 2003 meetings, MICHAELS seconded. The VOTE was unanimous.
FINANCIAL 1.) Financial report for May 2003.
REPORT
MICHAELS MOVED to receive the May 2003 financial report, and HALL seconded. The VOTE was unanimous.
MAYOR’S Mayor Talerico gave a brief report of his activities for the last
REPORT month. He also thanked Steve Holmes for his help at the Borough Landfill. He also discussed the state budget and the deletion of the Anderson School leach field, the Panguingue Creek Fire Department well, the Cantwell Community well project among other important projects that were eliminated from the list.
The Mayor continued stating that he attended a meeting in Cantwell with AHTNA. Mr. Laugman also attended. He stated that AHTNA wanted to discuss the annexation of the AHTNA land located within the Mat-Su Borough to the Denali Borough.
Mayor Talerico stated that the landfill would need more gravel for daily cover this winter. He stated the there would be an RFP posted shortly.
The Mayor suggested having a Special Work Session to discuss the tax ordinances that are on the agenda since time is running out for submitting anything on the ballot this year.
The Mayor suggested some dates in July for the annual Denali Park trip. He stated that he could work on dates for early to the middle of August.
DBSD SUPT. Superintendent Bob Wicker submitted a written report since he
REPORT could not attend this evening.
ASSEMBLY MICHAELS stated that a few years ago, we had a District III Work
COMMENTS Session to discuss issues and concerns of the people. He stated
that he would like to try this again. If the Assembly did not have any objection he would have the borough staff post this for August 11, 2003 at 6:00- 8:00 pm. in the Anderson City Council Chambers. This Work Session would be open to everyone, especially the citizens of the Northern District, to come and ask question and discuss issues and concerns of the people.
HALL stated she would be attending the July 20-22 AML Board of Directors meeting in Girdwood. She stated the primary discussion would be the state sales tax.
MERCER stated that a few years ago Alaska Railroad had discussions about the Rex Crossing stating that to lift the tracks over the road would cause the grade to be too steep for the railroad to climb. He also stated that to have the tracks go under the road, the grade would not be low enough to get equipment under the bridge. He also said the cost would be significantly more than the way the project is now.
LAUGMAN thanked Representative Guttenberg for attending and especially for reporting the highway speeding problem to the local State Trooper office.
COMMUNICATION Mayor Talerico thanked Representative Guttenberg for attending.
AND
APPEARANCES
RECESS CASWELL called a recess at 8:45 PM.
RECONVENED CASWELL called the meeting back to order at 8:50 PM.
ORDINANCES 1.) Ordinance 03-03, Version A,
an ordinance amending the Denali Borough Code of Ordinances, Chapter 21,
pertaining to Severance Tax.
EVANS spoke about why this amendment is important for keeping tract of
who is paying the tax.
There were further discussions regarding this ordinance.
LAUGMAN MOVED to postpone this ordinance to the next meeting, and HALL
seconded. The VOTE was unanimous.
2.) Ordinance 03-07, Version A,
an ordinance amending the Denali Borough Code of Ordinances, Chapter 20,
Section 3, to increase the amount of the Overnight Accommodations Tax.
MICHAELS commented on the letter from the attorney. He stated in reviewing the letter, to bundle
this ordinance would put us in the gray area.
He also stated that if this were passed, there would be no additional
revenue for three years. MICHAELS
discussed future revenues that will be needed for Capital Projects and Major
Maintenance.
MICHAELS MOVED to adopt, and LAUGMAN seconded.
MERCER stated that he would be in favor of this if it was tied to a
utility tax or a sales tax in one vote.
LAUGMAN stated that as it stands he couldn’t support a 3% increase in
Overnight Accommodations tax. He stated
that he is not in favor of milking the tourist industry.
TRYTKO stated that she is not ready to make a decision on this.
CASWELL stated that he agreed with MERCER, LAUGMAN, and TRYTKO.
POLLOCK MOVED to amend the existing motion to add a 2% utility tax on
electricity and telephone, HALL seconded.
CASWELL MOVED to amend the amendment by adding the Overnight
Accommodations tax shall be capped at 10%.
LAUGMAN seconded. The VOTE was
5-4 with SHELTON, TRYTKO, EVANS, MICHAELS opposed.
The VOTE on the original amendment was 4-5 with SHELTON, TRYTKO, HALL,
EVANS, and MICHAELS opposed. Motion fails.
HALL MOVED to postpone to the next meeting, and MERCER seconded. The
vote was 4-5. Motion fails.
The roll call vote to adopt Ordinance 03-07, Version A was 4-5 with
HALL, MICHAELS, SHELTON, and EVANS for, and CASWELL, POLLOCK, TRYTKO, MERCER,
and LAUGMAN, opposed. Motion fails.
HALL MOVED to extend the meeting until 10:00 PM, MERCER seconded. The
VOTE was unanimous.
3.) Ordinance 03-08, Version B
an ordinance amending the Denali Borough Code of Ordinances, Title IV, Chapter
24, titled Management of Borough Real Property.
There was discussion regarding the changes from the last
meeting.
LAUGMAN MOVED to strike the word “any” from item D, MICHAELS seconded. The VOTE was unanimous.
LAUGMAN MOVED to amend 5 E, to read as follows: “Leases shall have a maximum term of 35
years with a one-time right of renewal.
Leases or parcels with terms of five years or less, may be granted by
the Administrator without Assembly review if the lease is consistent with the
management plan for the parcel.” HALL
seconded. The VOTE was unanimous.
LAUGMAN MOVED to amend 5 F, the
last sentence to read as follows: “The
reappraisal shall not include any improvements the lessee has made.” Also to remove “and the condition of the
property (including improvements) must not have changed since the last
appraisal.” MERCER
seconded. The VOTE was unanimous.
LAUGMAN MOVED to postpone to the next meeting, POLLOCK seconded. The VOTE was unanimous.
4.) Ordinance 03-09, Version A,
an ordinance establishing a 2% general sales tax within the Denali Borough.
MICHAELS stated that there was a typo and that this should be Version B.
HALL MOVED to amend by substitution Ordinance 03-09, Version C, LAUGMAN
seconded. 8-1 with MICHAELS opposed.
HALL explained her changes.
MICHAELS asked why we have “Taxable Items.” HALL stated that it is to clarify for people.
MICHAELS stated that retail sales would need to be defined.
MICHAELS MOVED to remove Section 5, Retail Sales, MERCER seconded. The vote was 3-6. Motion Fails.
LAUGMAN MOVED to postpone, TRYTKO seconded. The VOTE was unanimous.
5.) Ordinance 03-11, Version A,
an ordinance pertaining to the Otto Lake land classification.
LAUGMAN
MOVED to adopt, HALL seconded. The roll
call VOTE was unanimous.
6.) 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.
HALL
MOVED to postpone ordinances 03-12, 03-13, 03-14, 03-15 to the next meeting or
work session, TRYTKO seconded.
TRYTKO stated that some of the language needs to be thought about such
as using he for he/she.
MICHAELS
suggested that as the Assembly reads through these ordinances that they review
the Municipal Code, Chapter 12, Section 6 because that has the conflict of
interest and some of the other things that may be contained in these items.
The
VOTE was unanimous.
10.) Ordinance 03-16, Version A, An ordinance
amending Section 3, Schedule B (Tipping Fees) of Ordinance 99-01.
HALL MOVED to adopt, MICHAELS seconded.
The roll call VOTE was unanimous.
11.) Ordinance 02-06, Version A,
an ordinance providing for an ethics commission and providing for disposition
of alleged violations.
HALL stated that the Personnel Committee suggested that this ordinance
be postponed indefinitely.
MICHAELS stated that he would like to see this ordinance remain on the
agenda to use as a reference with the other ordinances pertaining to this
issue.
MICHAELS MOVED to postpone until the next work session or meeting,
LAUGMAN seconded. The VOTE was
unanimous.
RESOLUTIONS 1.) (next resolution 03-14) A resolution in support of the Department of Transportation and Public Facilities Project #60926, pertaining to the proposed highway overpass over the railroad line at Rex Bridge.
MICHAELS MOVED to postpone to the next meeting, TRYTKO seconded.
LAUGMAN stated that he talked to some of the residents in that area and the general consensus is that they are not happy with the way that things are going. MICHAELS suggested that if there is some changes that the residents want then we should have them in writing before this is approved.
The VOTE was unanimous.
HALL MOVED to extend the meeting until 10:30PM, MICHAELS 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.
CASWELL handed the chair over to vice-chair POLLOCK.
MICHAELS MOVED to adopt, CASWELL seconded.
MICHAELS explained the resolution.
CASWELL stated that we do not need a resolution to remind us of our oath.
Discussion ensued regarding the Patriot Act and this resolution.
LAUGMAN MOVED to postpone until next meeting, HALL seconded. The VOTE was unanimous.
OTHER 1.) Pioneer Park name issue.
BUSINESS
MICHAELS stated that on April 9, 2003, the Assembly voted 4-3
to support changing the name. He stated that it has bothered him ever since because it effects quite a few people such as businesses that have the name in advertising pamphlets. He also stated that this is a Fairbanks North Star Borough issue.
MICHAELS proposed to write a letter to Mayor Boyles that in sight of further research the Denali Borough Assembly wants to withdraw its support of Mark Ames’ endeavor to change the name of Pioneer Park, HALL seconded. The vote was 5-4 with TRYTKO, EVANS, POLLOCK AND SHELTON opposed. Motion passes.
2.) Discussion regarding the position of Borough Clerk – Treasurer – Assistant Administrator.
LAUGMAN MOVED to ask the mayor if he has a nomination for the Borough Clerk, Treasurer, Assistant Administrator position, SHELTON seconded. The vote was 6-3 with CASWELL, HALL, TRYTKO, opposed. Motion passes.
Mayor Talerico put forth the name Gail Pieknik as his recommendation for the position.
MERCER MOVED to accept, MICHAELS seconded. The roll call VOTE was unanimous.
3.) Public Comments.
There were no public comments.
ASSEMBLY HALL asked to be excused from the next month meeting to
COMMENTS attend her son’s wedding out of state.
NEXT MEETING The next meeting will be held in Healy on August 13, 2003.
ADJOURN. Presiding officer Jim Caswell declared the regular meeting adjourned at 10:30pm.
Date Approved: