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.

TNAHTHHhhh

 

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.

 

 

 

 

ATTEST:  SIGNATURE ON FILE                APPROVED:  SIGNATURE ON FILE

 

 

 

Date Approved: