Minutes of the Regular Meeting

Denali Borough Assembly

Anderson City Council Chambers

March 10, 2002

 

CALL TO ORDER    Presiding Officer Jerry Mueller called the regular meeting to order at 3:05 pm.

 

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

 

MUELLER entertained a MOTION to excuse USIBELLI and TALERICO. HALL so moved and PAYNE seconded The VOTE was unanimous.

 

AGENDA                   The agenda was approved as presented by unanimous consent.

                                   

PLANNING                1.)  Conceptual approval of the 2002 Remote Cabin Site

COMMISSION           Program (RRCS).  (Mucho Lake and Wood River areas in the Denali Borough.)

 

                                    Jeanne Proulx, Department of Natural Resources representative, gave an update of the RRCS.  She stated that there is another trail that leads into the Wood River area.  She stated that the only problem with it is that it goes through Fort Wainwight.  Proulx stated that before offering these sites they want to clear up the problem with the airstrip that is located in the middle of the Rex trail.  She said that there are three options that they are looking at.  The first one is to move the trail to either side of the airstrip and offer a lease for public use.  The second option is to issue a lease for private use, and the third option would be to eliminate the airstrip.  She asked the Assembly if they had any input on this issue.  She also stated that if this issue is not resolved by the time of offering then the sites in the Wood River area would not be offered. 

 

                                    HALL MOVED to send a letter of conceptual approval for the RRCS.  PAYNE seconded.  The VOTE was unanimous.

 

MINUTES                   1.)  December 21, 2001: Public Hearing, and Special Meeting.

 

                                    HALL MOVED to approve the December 21, 2001 Public Hearing and Special Meeting minutes, SHIELDS seconded. The VOTE was unanimous.

 

                                    2.)  February 10, 2002: Work Session, Public Hearing, and regular.

 

                                    PAYNE MOVED to approve the February 10,2002, Work Session, Public Hearing, and Regular Meeting minutes.  SHIELDS seconded. 

 

                                    MICHAELS stated that the meeting was in Cantwell not at the Tri-Valley Community Center.  The Clerk so noted.

 

                                    The VOTE was unanimous.

 

FINANCIAL                HALL MOVED to receive the January 2002 financial report, and

REPORT                    PAYNE seconded.  The VOTE was unanimous.

 

MAYORS                   Mayor Gonzales introduced Tim Woster, P.E., from the

REPORT                    Department of Transportation and Public Facilities (DOT&PF). 

 

                                    Mayor Gonzales stated that on February 13th he met with DOT&PF regarding on the TORA (Transfer of Responsibility) agreement.  He stated that it has been an uphill battle, but the conclusion is in sight.

 

                                    On February 15th Mayor Gonzales and his wife Irene attended the Clear Air Force Ball.  He said they had a wonderful time.

 

                                    February 20th Mayor Gonzales met with Don Lowell about the Northern Access Reconnaissance Study (NARS).

 

                                    February 21st he met with Paul Anderson, Superintendent, and Dianne Chung, Deputy Superintendent, of Denali National Park.  He said that they had a good meeting and he hopes that it will continue that way.

 

                                    February 27th he met with Ralph Swarthout, Northern Regions Director of DOT&PF.  He said that they talked about the TORA.  He also met with Jerry Rafson and the DOT planning staff.

 

                                    March 6th Mayor Gonzales met with DOT Northern Director Ralph Swarthout and was able to fix the things that we were worried about in the TORA.  He said the TORA has been signed by both parties.  He said that because this is Federal money the rules on spending the funds are more stringent.  He stated that they only allow payment after the work is done.  Mayor Gonzales said that there would be money for administrative costs, payable to the Borough.

 

                                    Mayor Gonzales said that Deanna Rennick, Transfer Station Gatekeeper, has resigned.  He said that the job was posted and that two applications were received.  He stated that the interviews were last Friday.

 

                                    Mayor Gonzales stated that we have run out of money in the Assembly Travel line item for fiscal year 2002.  He said that the Assembly could either stop travel until July 1, 2002 or the money could come out of the Assembly Contingency line item.

 

ASSEMBLY               HALL stated that she is on the Alaska Municipal League Board

COMMENTS             of Directors.  She stated that AML has been working very hard on HB20.  She said that HB20 would benefit our Borough and other Boroughs in Alaska.  HALL said she would like to be able to attend the Legislative Conference in April.

 

                                    MUELLER stated that the Assembly needs to address this issue under  “other business” on the agenda.  He said this item and a transfer of liquor license ownership need to be added to the agenda.  He said the transfer of ownership should have been emailed to the Borough on February 21st, which would have made the agenda deadline.  He said HALL’S request should have been added earlier during the approval of the agenda.

 

PUBLIC                      Joe Fields, Kantishna Holding, Inc., stated that 10 years ago he

COMMENTS             came to this Borough and addressed the issue of northern access into Denali National Park.  He said that the Assembly passed a resolution in support of the privately funded railroad concept.  He said that he looks forward to working with the Borough in the future.  He stated that if you look at economic development and the economy of Alaska, there are many benefits for our area if we do this project right.

 

 

COMMUNICATION   1.)  Captain Faulkner: update on the Air National Guard takeover

AND                            of Clear Air Base.

APPEARANCES     

Captain Kimberly Faulkner, of Eielson Air Force Base gave an update on the infusion of the Air National Guard at Clear Air Force Base. 

 

2.)  Coal Ash update:  Mr. Scott Stowell, Ms. Heidi Young, and Mr. Steve Denton.

 

Scott Stowell, Usibelli Coal Mine employee, stated that the Department of Environmental Conservation wants to make it easier to dispose of and use coal ash.  He stated that a permit might not be required.  He urged the Assembly to pay attention because some of the proposed changes might affect the landfill and use of coal ash at the landfill.

 

Steve Denton, Usibelli Coal Mine, gave a brief history on the export contract with Korea.  He said that for 17 years Usibelli has been selling coal to Korea via a middleman (Korean Electric and Power Company (KEPCo)), and they have recently begun to restructure the company into Korean East and Korean West.  As of now KEPCo has terminated the contract with Usibelli as of January 1st, but Usibelli is still in negotiation with them. 

 

MICHAELS asked under the worst-case scenario, when would the job losses start.  Denton stated that it would happen pretty quickly, possibly in June or July.  Denton said it would affect about 1/3 of the workforce, which is about 30 jobs. 

 

PAYNE asked what his take is on a private gas line coming from the North Slope.  Denton said he is unaware of that project.

 

CASWELL asked what Denton what he thinks the future of the Healy Clean Cola project will be.  Denton said the power plant is shut down right now, but Golden Valley wants to do a full retrofit.  There is no bill in congress for that money yet.  He said that we are looking at least a couple of months until we see if that money is appropriated.

 

RECESS                   MUELLER called a recess at 4:09 p.m.

 

RECONVIEND          MUELLER called the meeting back to order at 4:27p.m.

 

ORDINANCES          1.)  Ordinance 01-07, Version A, an ordinance amending the Denali Borough Code of Ordinances, adding Chapter 22, pertaining to business licenses.

 

CASWELL MOVED to amend the application to “optional” under the requirement for a social security number on the application.  He also added to delete  “Other Required Business license” on the application.   CASWELL also requested that the following verbiage be added:   “License fees may be paid for up to five years in advance.  Prepaid fees are nonrefundable.”  PAYNE seconded.

 

The VOTE was unanimous.

 

PAYNE MOVED to postpone this ordinance until the next meeting, CASWELL seconded. The VOTE was unanimous.

 

2.)  Ordinance 02-01, Version A, an ordinance amending the Denali Borough Enabling Code, Title 1, Chapter 4, Public Records.

 

HALL asked if there had been any changes made since it had been introduced.  MUELLER stated that there has not.

 

HALL MOVED to postpone this ordinance until next meeting, SHIELDS seconded.  The VOTE was unanimous.

 

RESOLUTIONS        1.)  A resolution in support of the Department of Transportation Project #60924. (Next resolution 02-03)

                                   

Tim Woster P.E., DOT&PF, gave a brief overview of the proposed project.  He said that it is a rehabilitation project between mileposts 206-210 of the Parks Highway.  He stated that they will also be adding a few interpretive signs at the pull out. 

 

PAYNE asked about the sharp corner at mile 206.  Woster stated that they would put up reduced speed signs and add chevrons to increase visibility at the sharp curve. 

 

CASWELL asked if they were going to repave the area.  He said that in the Wasilla area they are using an experimental stone mixture to pave their roads.  He suggested that the DOT look into that proposal.  Woster said he would look into that possibility.

 

Mayor Gonzales stated that we have been asking for this project for the last eight years.  He suggested adopting this resolution.

 

MICHAELS asked when the project is scheduled to start and how long it would take.  Woster stated that it will be a one-season project and they are looking at late this summer, or early next spring. 

 

PAYNE MOVED to adopt the resolution, HALL seconded.  The roll call VOTE was unanimous.  This will be Resolution 02-03.

                                   

OTHER                       1.)  Certify the February 19,2002 Special Election.

BUSINESS

MUELLER entertained a MOTION to certify the Special election held on February 19, 2002 pending pre-clearance from the Department of Justice.  HALL so MOVED, and MICHAELS seconded.

 

The roll call VOTE was unanimous.

 

2.)  Discussion regarding changing the Assembly meeting day and time.

 

MICHAELS stated that due to his working schedule the only evenings that would work for him would be Friday, Saturday or Sunday. 

 

CASWELL stated that he could handle an evening schedule.  He said that his concern with it would be that Healy is centrally located and that all the meetings would eventually be held there.

 

HALL stated that she does not really care when the meeting is.  She stated that she is an elected official.  She said that the School Board holds their meetings on the weekdays.  She said that she does not think that CASWELL’S argument holds water.

 

MICHAELS stated that because the school board holds their meetings on a weekday, he could rarely attend. 

 

Minimal discussion followed.

 

3.) Formal written complaint from the Committee At-Large Chairman.

 

MUELLER stated that this complaint was formally submitted to the Assembly during their February 10th meeting, and was given to the Clerk February 13th.    MUELLER said he had written a proposed response to the complaint.  He asked if there was any action that the Assembly wishes to take.

 

MICHAELS stated that we should discuss it.  He stated that since there was a formal complaint there should be a written reply.  He asked how the rest of the Assembly feels about the reply that MUELLER had proposed.  

 

HALL stated that she is satisfied with the reply and agrees that it needs to be discussed.

 

HALL MOVED to direct the Presiding Officer to provide this letter to Mr. Winklmann.  SHIELDS seconded.  The VOTE was 6-1 with POLLOCK opposed.

 

4.)  Denali Borough Independent population census.

 

No action was taken.

 

5.)  Discussion regarding ethics of Assembly members.

 

MICHAELS MOVED to postpone until next meeting when USIBELLI would be present.  CASWELL seconded.  The VOTE was unanimous.

 

6.) Public comments.           

 

Kay Durham, Healy resident, stated that she thinks that it is much easier when the Assembly meetings are held during the week.  She said that she gets a little upset when there is no attendance.  She stated that she has heard that there might even be more competition for the Assembly if the meetings were held during the week.  She feels like it is in the best interest of the Borough. 

 

John Winklmann, Healy resident, stated that there are a few things that he would like to add to his complaint pertaining to the maps.  He said that on the map it says to see Borough office for a more detailed map.  He said that he went in the office and asked to see the more detained map and that there was not one.  He requested that that be addressed in the letter that the Assembly sends back.  He stated that he also dug up an old map.  He said that he went to the Borough office to get more copies and was told that it was a working map and that there are no more copies.  He stated on this map there are a couple of cul-de-sacs.    He said that he would also like that addressed in his reply.  He stated that it is inaccurate information.  He stated that it was partisan information.  He also wanted that addressed in the response to his complaint.  He asked Gail Pieknik, Land Use Technician, if there is a legal description of the boundaries. Pieknik stated that she would prefer not to answer that question at this time.

 

7.) Travel Expenses for the AML Legislative Conference.

 

Mayor Gonzales stated that there is an Assembly contingency line item that could be used for HALL to go the AML Board of Directors meeting.   HALL said the Presiding Officer is also considering attending the conference.

 

MICHAELS MOVED to allow the Mayor to take the funds from the Assembly contingency line item for HALL and MUELLER to fly to Juneau for the AML Legislative Conference.  CASWELL seconded.

 

The VOTE was unanimous.

 

8.)  Lynx Creek Liquor License transfer of ownership.

 

MUELLER entertained a MOTION to approve, CASWELL so MOVED and HALL seconded.  The VOTE was unanimous.

 

ASSEMBLY              CASWELL stated that this was a relatively short meeting and if

COMMENTS             we were to hold the meetings at night and they started at 6:30 it could go long into the night.

                                   

                                    Winklmann said he would like the Assembly to look at the rules for an inititive petition that the Clerk has to follow.  He stated that there were some problems with the resident address requirement in the Code.

 

NEXT MEETING       The next Assembly meeting will be held on April 14, 2002 at the Tri-Valley Community Center.

 

ADJOURNMENT      MUELLER declared the regular meeting adjourned at 5:11 pm.

 

 

ATTEST:  _________________________          APPROVED:  __________________

 

 

Date Approved:  ____________________