Minutes of the Regular Meeting

Denali Borough Assembly

McKinley Community Center

September 10, 2003



CALL TO ORDER    Presiding Officer Jim Caswell called the public hearing to order at 7:02 pm.


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


PUBLIC                      There were no public comments.



AGENDA                   HALL MOVED to approve the agenda, LAUGMAN seconded.  LAUGMAN suggested moving the tax ordinance up on the agenda.


MERCER suggested that we move the time of adjournment back so that we are not rushing the meeting. 


CASWELL MOVED to add to “Other Business” discussion regarding a new audio system for the Borough office. LAUGMAN seconded.


The VOTE was unanimous to approve the agenda.


MINUTES                   1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on August 13, 2003.


                                    LAUGMAN MOVED to approve the work session minutes, TRYTKO seconded.  The VOTE was unanimous.


                                    LAUGMAN MOVED to approve the public hearing and regular meeting minutes. SHELTON seconded. 


SHELTON pointed out some typos on the public hearing minutes and in the regular minutes.  He also stated that there was no second on the Reconsider and Enter on the Minutes vote.  MICHAELS stated that the Presiding Officer did not ask for a second.  MICHAELS also explained that per “Roberts Rules,” the Presiding Officer should state that the motion failed do to no second.  He stated that he would like to see this issue come back at the next meeting.   SHELTON stated that he believed it was to come back at the next meeting.


SHELTON MOVED to add to the minutes the verbatim version of the meeting tapes that took place during voting on the Patriotic Act, “Reconsider and Enter on the Minutes” portion and to remove the language, “Motion fails do to no second.”


The Chair requested a vote for adoption of the minutes as amended.   The VOTE was unanimous. 


FINANCIAL                1.)  Financial report for August 2003.


MICHAELS MOVED to receive the August 2003 financial report, and LAUGMAN seconded.  The VOTE was unanimous.


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

REPORT                    month. 


The Mayor contacted Car Crushers and received a price of crushing junk cars at $125.00 per car. 


                                    Mayor Talerico is still working on Carlo Creek with the State of Alaska and the Corp of Engineers.  There is a loophole called a Hazard Litigation Plan that is currently being worked out.  It involves re-channeling and rip-rapping.


                                    The Mayor announced that the Borough office now offers Passport services to the public.  He also announced that it is time to sign up for the AML, which will take place in Nome this year.


                                    Mayor Talerico welcomed Mayor Holmes from the City of Anderson.  He introduced Sheryl Kilgore from Interior Neighborhood Health Center and Jerry Rafson from the State of Alaska, Department of Transportation (DOT).


                                    Sheryl Kilgore, Director of the Interior Neighborhood Community Health Center, stated that there has been an increase in business in clients at the clinic in Healy from people that are either not insured or under insured.  The new clinic is able to charge clients on a sliding scale per their annual income.  People that were not able to get medications in the past because of the cost, are now able to get medications.



DBSD SUPT.            Superintendent Bob Wicker gave a written report.



ASSEMBLY               HALL stated that the Alaska Municipal League (AML) is still busy working on the State tax that the

COMMENTS             Governor wants to impose.


                                    LAUGMAN apologized for missing the work session in Anderson.  He stated that his seat is up this November.  He stated he has moved and now resides at Mile 262, in the Panguingue Creek Subdivision.  He stated that he is not going to file for his seat because of this move.  LAUGMAN introduced Jennifer Skinner who is interested in filing for Seat G.


                                    TRYTKO stated that she spoke with the Social Study teacher and he is interested in getting the Student Council involved in local government.


                                    MICHAELS stated that the Northern District work session was a success and he would like to have the next one on October 6, 2003 at the City of Anderson, Council Chambers.


 COMMUNICATION  1.)  Jerry Rafson, Northern Planner, Alaska Department of

AND                            Transportation and Public Facilities (DOT&PF) to discuss the

APPEARANCE        2004-2006 STIP.


                                    Rafson gave an overview of the 2004-2006 STIP.


RECESS                   The Assembly recessed at 7:10 PM.


RECONVENED        The Chairman called the meeting back to order at 7:15 PM.


ORDINANCES          1.)  Ordinance 03-03, Version B, an ordinance amending the Denali Borough Code of Ordinances, Chapter 21, pertaining to severance tax.


LAUGMAN MOVED to postpone, HALL seconded.  The VOTE was unanimous.


2.)     Ordinance 03-08, Version C, an ordinance amending the Denali Borough Code of Ordinances, Title IV, Chapter 24, titled Management of Borough Real Property.


LAUGMAN discussed the annual percentage rate. 


The Assembly requested that the Mayor talk with the Borough attorney to ask for some language for the annual rate.


Mayor Talerico concurred.


LAUGMAN MOVED to postpone, EVANS seconded.  The VOTE was unanimous.


3.)  Ordinance 03-09, Version E, an ordinance establishing a 2% general sales tax within the Denali Borough.


HALL stated that she has mixed emotions about the exemption of the City of Anderson.  She referred the Assembly to an article in the Fairbanks Daily News-Miner.


TRYTKO spoke against taxing the City of Anderson.


HALL MOVED to amend Section 2 to read “any goods and services that are already taxed by a Denali Borough ordinance  are exempt from this tax at the time of adoption.”  EVANS seconded.


The roll call VOTE was 6 – 3 with MERCER, LAUGMAN, and MICHAELS opposed. The amendment passes.


HALL MOVED to add in Section 2,  “All goods sold over $1000 shall be taxed on the first $1000 only.”  LAUGMAN seconded. 


MICHAELS MOVED to amend the main motion to replace it with “The amount of tax shall be limited to $30 per transaction.”  HALL seconded. 


Discussion followed.


MERCER MOVED to suspend the rules to change the time of adjournment to 10:00 PM.  The VOTE was 8-1 with EVANS opposed. 


The roll call VOTE on the amendment to the main motion was 3-6 with CASWELL, LAUGMAN, TRYTKO, HALL, POLLOCK, and EVANS opposed.  The amendment fails.


HALL withdrew her MOTION.  LAUGMAN withdrew his second on the main motion.


RECESS                   The Chairman called for a break at 9:10 PM.


RECONVENED        The Chairman called the meeting back to order at 9:15 PM.


HALL MOVED to add to Section 2 “All medical goods and services are exempt.”  EVANS seconded.  The roll call VOTE was 7-2 with MERCER and MICHAELS opposed.


LAUGMAN MOVED to amend by changing the “Purpose” paragraph to “The purpose of this ordinance is to establish a sales tax on all goods and services, sold within the Denali Borough by any legal entity registered as a business with the State of Alaska.”  MICHAELS seconded.  The roll call VOTE was 8-1 with MICHAELS opposed. Motion passes.


CASWELL entertained a motion to exempt real estate, LAUGMAN so MOVED and POLLOCK seconded.  The roll call VOTE was 6-3 with MICHAELS, HALL, and MERCER opposed.  The amendment passes.


TRYTKO MOVED to amend by exempting heating oil, POLLOCK seconded.  The roll call VOTE was 5-4 MERCER, LAUGMAN, MICHAELS, and HALL was opposed.  The amendment passes.


EVANS MOVED to make the tax seasonal (May 15  – September 1).


LAUGMAN stated that this ordinance does not reflect the original ordinance.   


MICHAELS seconded.  The roll call VOTE was 2-7 with TRYTKO, SHELTON, POLLOCK, CASWELL, LAUGMAN, MERCER, and HALL opposed.  The motion fails.


HALL MOVED to adopt, MERCER seconded.  CASWELL gave HALL credit for working so hard on this ordinance.  The roll call VOTE was 5-4 with CASWELL, EVANS, POLLOCK, and MICHAELS opposed.


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.


                                    HALL MOVED to postpone the ethics ordinances until the next meeting because of time constraints, MERCER seconded.  The VOTE was unanimous.


                                    5.)  Ordinance 03-13, Version A, an ordinance amending the Code by the addition of Title 5, Chapter 37, creating an Ethics Commission.


                                    Postponed to the next meeting.



                                    6.)  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.


                                    Postponed to the next meeting.


                                    7.)  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.


                                    Postponed to the next meeting.


                                    8.)  Ordinance 02-16, Version A, an ordinance providing for an ethics commission and providing for disposal of alleged violations.


Postponed to the next meeting.


9.)  An ordinance establishing land use regulations to conform to requirements of the National Flood Insurance Program and provide for an effective date.


HALL MOVED to introduce, MERCER seconded.


Mayor Talerico stated that this is a recommendation from Community and Economic Development.  He stated that if the Assembly hears from their constituents that they do not want this, then to vote it down at the next meeting.


POLLOCK stated that the people in Carlo Creek are not interested.


The roll call VOTE was 6-3 on the introduction with LAUGMAN, POLLOCK, and MICHAELS opposed.  The motion passes.


HALL MOVED to postpone, TRYTKO seconded.  The VOTE was unanimous.


10.)  An ordinance of the Denali Borough amending the Denali Borough budget for Fiscal Year 2004.


MICHAELS MOVED to introduce, HALL seconded. 


Mayor Talerico started that the changes that we made were in the staff salary,


The roll call VOTE was unanimous.


RESOLUTIONS        1.)  A resolution of the Denali Borough Assembly concerning participation in the National Flood Insurance Program.


MICHAELS  MOVED to postpone, HALL seconded.  The VOTE was unanimous.


OTHER                       1.)  Liquor License request:  Applicant: Aramark Sports &

BUSINESS                Entertainment, DBA: Lynx Creek Liquor, Location: Mile 238.6 Parks Highway, Denali, Alaska.


                                     HALL MOVED to take no action, MICHAELS seconded.  The VOTE was unanimous.


                                    2.)  Discussion regarding the Nenana Canyon R.O.W. Encroachment Permit.


                                    Mayor Talerico explained the encroachment permit possibilities.  There was minimal discussion regarding this issue.


                                    POLLOCK asked to have this placed on the next agenda.


                                    POLLOCK MOVED to suspend the rules and adjourn at 10:15, LAUGMAN seconded.  The VOTE was unanimous.


                                    3.)  Mayor’s Annual Work Plan.


                                    This was postponed until the next meeting.


                                    4.)  Discussion regarding support for Senate Concurrent Resolution 12, Borough Incorporation: Unorganized Boroughs.


                                    HALL MOVED to have the Administration write a letter and send it to Senator Wilkins advising him that we are not in support of Senate Concurrent Resolution 12 at this time.  MICHAELS seconded.  8-1 with EVANS opposed.  The motion passes.


                                    5.)  Discussion regarding a Capital Matching Grant to study the necessity of a community-wide piped water and wastewater system for the Nenana Canyon area.


The Mayor explained that Doug Poage, Village Safewater came to the Borough suggesting the Borough apply for a Capital Matching Grant for the piped water and wastewater system for the Nenana Canyon area.  This would allow the Borough to receive $70,000 with a $30,000 match from the Borough for this project.  The Mayor is recommending against it at this time.  The Mayor asked for confirmation from the Assembly.  By consensus, the Assembly concurred.


                                    6.)  Public Comments.


                                     Eileen Holmes thanked everybody for attending all of the Anderson Council Meetings.


7.)     New Audio Equipment


The Chairman stated that the Borough office need’s new audio equipment for public meetings. 


ASSEMBLY               MICHAELS stated that since there was confusion at the last

COMMENTS             meeting over the Patriotic Act resolution, he would like to MOVE at this time, to bring it back at the next meeting and put it on the agenda.


MERCER seconded.


                                    The Chairman asked if that was Mr. MERCER’S comment. MERCER stated yes.


SHELDON stated that it’s a good idea.


The Chairman stated that this is the time to comment on this or if you would like to do something else.


                                    EVANS had no comments.


                                    TRYTKO had no comments.


                                    LAUGMAN had no comments.


                                    HALL stated that she is pleased to see the sales tax ordinance make it to the ballot.  She thanked everyone for their help.


NEXT MEETING       The next meeting will be held in Cantwell on October 8, 2003.


ADJOURN.                Presiding officer Jim Caswell declared the regular meeting adjourned at 10:07pm.








Date Approved:  October 8, 2003