Minutes of the Regular Meeting

Denali Borough Assembly

Tri-Valley Community Center

May 14, 2003

 

CALL TO ORDER    Presiding officer Jim Caswell called the public hearing to order at 7:00 pm.

 

ROLL CALL               Assembly members present were: Jim Caswell, Gerald Pollock, Sid Michaels, Baxter Mercer, Bob Shelton, David Evans, Neal Laugman, and Teresa Hall.

 

                                    Also present:  Mayor David M. Talerico, Borough Clerk-Treasurer-Assistant Administrator Shelly Acteson, Land Technician-Landfill Supervisor Gail Pieknik, Administrative Clerk-Accounts Payable Clerk Amanda Nyberg, and City of Anderson Mayor Eileen Holmes.

 

ASSEMBLY               Appointment of Assembly Seat I.

SEAT I

                                    MICHAELS read the procedures for voting filling a vacancy by identifiable ballot per the Code.

 

                                    MICHAELS stated that the applicant is Ms. Cynthia Trytko.   LAUGMAN brought up the other applicant, Larry Flannagan, who had applied for the seat after the deadline.

                                   

                                    The VOTE by identifiable ballot was unanimous.  Mayor Talerico administered the oath of office to Ms. Cynthia Trytko.

 

EXECUTIVE              Executive session regarding lawsuit filed by Mr. David

SESSION                   Braun, and consideration of certain matters relating to the lawsuit which are by law required to be kept confidential.

 

                                    HALL MOVED to go into executive session for the reasons stated above and MICHAELS seconded.  The ROLL CALL VOTE was unanimous.  The Assembly, the Clerk, the Mayor, and the Borough Attorney went into executive session at  7:20 p.m.

 

RECONVENE           CASWELL entertained a MOTION to return to the Regular meeting at 8:17 p.m.  MICHAELS so MOVED and HALL seconded.  The VOTE was unanimous.

 

                                    CASWELL stated the Borough Attorney will continue to have ongoing discussions with Mr. Braun’s attorney regarding this lawsuit and Mr. Braun’s settlement offer.

 

PUBLIC                      Keith Walters, Healy resident and Usibelli Coal Mine representative

COMMENTS             spoke against the Assembly increasing the severance tax.

 

AGENDA                   MICHAELS MOVED to approve and LAUGMAN seconded. 

 

MICHAELS suggested removing item J.) 5.), as that item will be addressed earlier in the meeting via the ordinance process. The Assembly approved the agenda as amended by unanimous consent.

                                   

MINUTES                   1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on April 9, 2003.

                                   

                                    MICHAELS MOVED to approve the April 9, 2003 Work Session, Public Hearing, and Regular Meeting minutes.  POLLOCK seconded.  The VOTE was unanimous.

 

FINANCIAL                1.)  Financial report for March 2003.

REPORT

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

                                   

MAYORS                   Mayor Talerico gave an informal report of his activities for the last

REPORT                    month at the end of the work session.  Mayor Talerico recognized Mayor Holmes from the City of Anderson.

 

DBSD SUPT.            Superintendent Bob Wicker submitted a written report as he was

REPORT                    unable to attend the meeting.

 

COMMITTEE             HALL updated the Assembly regarding the Ethics Ordinance now

REPORTS                 before the Personnel Committee.

 

ASSEMBLY               HALL gave a report on the activities of the Alaska Municipal

COMMENTS             League (AML) Board of Directors.

 

                                    LAUGMAN commented on the proposed sales tax ordinance.

                                   

COMMUNICATION   1.)  Mr. Michael Cobbold, NPS Representative, in

AND                            attendance to announce and explain the Greening in Denali

APPEARANCES      workshop scheduled for August.

                                   

                                    Mike Cobbold gave a brief explanation of the workshop and invited the Assembly to participate.

 

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

 

EVANS spoke in favor of the ordinance and the new requirements stated therein.

 

Minimal discussion followed, and MICHAELS MOVED to postpone this ordinance until the next meeting.  LAUGMAN seconded.  The VOTE was unanimous.

 

2.)  Ordinance 03-04, Version A, and ordinance amending the Denali Borough FY ‘03 budget.

 

MICHAELS MOVED to amend the ordinance by cutting some of the line items and increased the ones where the Borough had expended more funds than were in the line item.  HALL seconded.  The VOTE was unanimous.

 

MICHAELS MOVED to adopt, HALL seconded.  The ROLL CALL VOTE was unanimous.

 

3.)  Ordinance 03-05, Version A, an ordinance establishing the Denali Borough FY ’04 budget.

 

MICHAELS MOVED to amend a few line items including increasing the Anderson Volunteer Fire department line item to $5,000.  HALL seconded. 

 

Discussion followed regarding the proposed line item increase for McKinley Village Volunteer Fire Department (MVVFD) under the “Borough Funding to Fire Departments” line item.  This increase was based on MVVFD’s statement in their application that number of people they serve should be increased from 183 to 250.

 

Discussion followed and the VOTE was 8-1, with SHELTON opposed.

 

POLLOCK MOVED to suspend the rules and adjourn at 9:30.  There were no objections.

 

 

 

XXXX

MICHAELS MOVED to amend page 6, item 17, from 2,000 to $1,464change to 1462 and on page 3 3300,LAUGMAN seconded.  The VOTE was unanimous.

 

MICHAELS MOVED to adopt, LAUGMAN seconded.  The ROLL CALL VOTE was unanimous. 

 

4.)  Ordinance 03-06, Version A, an ordinance establishing the Denali Borough 6 year CIP (Capital Improvements Program) plan.

 

HALL MOVED to postpone this ordinance until the next meeting, and MERCER seconded.  Discussion followed and the maker of the motiona nd the second both withdrew.

 

HALL MOVED to adopt, and MICHAELS seconded.  The ROLL CALL VOTE was unanimous.

 

5.)  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 MOVED to postponed this ordinance until the next meeting, and SHELTON seconded. 

 

CASWELL spoke against the ordinance, and the some of the other members voiced their concerns as well.

 

MICHAELS called the question.  The VOTE was unanimous.

 

                                    6.)  An ordinance amending the Denali Borough Code of Ordinances, Title IV, Chapter 24, titled management of Borough Real Property.

                                   

                                    LAUGMAN explained the ordinance, and MOVED to introduce. MICHAELS seconded.

 

                                    There were discussions regarding some of the wording in the ordinance.

 

                                    The roll call VOTE was unanimous.  This will be Ordinance 03-08, Version A.

                                   

                                    7.)  An ordinance establishing a 2% general sales tax within the Denali Borough.

                                   

                                    HALL explained the ordinance, and MOVED to introduce.  MERCER seconded.  The roll call VOTE was 7-2 with CASWELL and POLLOCK opposed.  This will be Ordinance 03-09, Version A.

                                   

                                    8.)  An ordinance amending the Denali Borough Comprehensive Land Use Plan.

                                   

                                    Mayor Talerico explained the purpose of the proposed ordinance.

 

                                    POLLOCK MOVED to suspend the rules and adjourn at 10:00 p.m.  There were no objections.

 

                                    MICHAELS MOVED to introduce, and MERCER seconded.  The ROLL CALL  VOTE was unanimous.  This will be Ordinance 03-10, Version A.

                                   

RESOLUTIONS        1.)  A resolution requesting FY ’04 Safe Communities Funding from the Department of Community and Economic Development (DCED).

                                   

                                    MICHAELS MOVED to adopt, HALL seconded.  The ROLL CALL VOTE was unanimous.  This will be Resolution 03-07.

                                   

                                    2.)  A resolution pertaining to the asset allocation of the Permanent Investment Fund.

                                   

                                    MICHAELS MOVED to adopt, and MERCER seconded.  The ROLL CALL VOTE was unanimous.  This will be Resolution 03-08.

 

                                    3.)  A resolution authorizing the Denali Borough Mayor to negotiate a permit to extract gravel from Borough material site, located at Section 33, 7S, 8W F.M., near Mile 280.5 Parks Highway.

                                   

                                    MICHAELS MOVED to adopt, and HALL seconded.

 

Discussion followed, and MICHAELS MOVED to add at no less then 50 cents per cubic yards after “Denali Borough material site” in the last paragraph.  MERCER seconded. 

 

The VOTE on the amendment was 7 to 2, with EVANS and CASWELL opposed.

 

The roll call VOTE to adopt was unanimous.  This resolution will be Resolution 03-09.

                                   

                                    4.)  A resolution extending appreciation and gratitude to Ms. Carol Shields for the time and energy she dedicated to the Borough Assembly.

                                   

                                    MICHAELS MOVED to adopt and HALL seconded.  The roll call VOTE was unanimous.  This will be Resolution 03-10.

                                   

                                    5.)  A resolution of the Denali Borough Assembly opposing the Cost Factor Study.

                                   

                                    HALL MOVED to adopt, MICHAELS seconded.  The roll call VOTE was unanimous.  This will be resolution 03-11.

                                   

                                    6.)  A resolution of the Denali Borough Assembly authorizing the Mayor to exchange Municipal Entitlement Land with the City of Anderson to facilitate the expansion of the sewage lagoon.

 

                                    MICHAELS MOVED to adopt, HALL seconded.  The roll call VOTE was unanimous.  This will be Resolution 03-12.

 

OTHER                       1.)  Public Comments.

BUSINESS               

                                    Mayor Holmes from the City of Anderson thanked the Assembly for their support.

 

                                    McKinely Village resident Todd Shorey thanked the Assembly for their support.        

                                   

                                    2.)  Discussion regarding parking management options for the Nenana Canyon.

                                   

                                    Mayor Talerico explained the current right-of-way situation in the Nenana Canyon.

                                   

                                    3.)  Liquor license transfer of ownership request from the Totem Inn, Healy, Alaska.

                                   

                                    MICHAELS MOVED to approve, and HALL seconded.  The VOTE was unanimous.

                                   

                                    4.)  Temporary liquor license request form Aramark, McKinley Chalets.

                                   

                                    MICHAELS MOVED to approve, and MERCER seconded.  The VOTE was unanimous.

                                               

ASSEMBLY               POLLOCK asked to be excused from the next meeting.

COMMENTS

                                    SHELTON thanked the public for attending.

 

                                    HALL thanked the Assembly for approving her trip to Juneau.

 

 

NEXT MEETING       HALL MOVED to hold the next meting in Cantwell.  MERCER seconded.  The VOTE was 7 to 2, with SHELTON and MICHAELS opposed.

 

ADJOURN.                Presiding officer Jim Caswell declared the regular meeting adjourned at 10:03 p.m.

 

 

 

ATTEST:  SIGNATURE ON FILE                APPROVED:  SIGNATURE ON FILE

 

 

 

Date Approved:  June 11, 2003