Minutes of the Regular Meeting

Denali Borough Assembly

Anderson School

March 12, 2003


CALL TO ORDER    Presiding officer Jim Caswell called the regular meeting to order at 7:04 pm.


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


Also present:  Mayor David M. Talerico, Borough Clerk-Treasurer-Assistant Administrator Shelly Acteson, Land Technician-Landfill Supervisor Gail Pieknik, and Administrative Clerk-Accounts Payable Clerk Amanda Nyberg.  The City of Anderson’s Mayor Holmes and former Denali Borough Mayor John Gonzales were also in attendance.


AGENDA                   CASWELL requested the agenda be amended by adding under K.) 3.) School Board joint work session time and date discussion.  The agenda was approved as amended by unanimous consent.


PLANNING                Planning Commission Chairman LAUGMAN called the

COMMISSION           Planning Commission meeting to order at 7:10 p.m., and

BUSINESS                noted that there was a quorum present.


                                    1.)  Update on DNR’s request to receive a public right of way from the Borough for two roads in order to legalize the Rex Trails.


                                    Borough Land Technician Gail Pieknik said the Borough had not received any new correspondence pertaining to this issue. 


                                    2.)  Request for non-conforming use determination from Mr. Steve Jones, Village View Subdivision.


                                    MICHAELS suggested the Planning Commission make this decision by utilizing a resolution during the next meeting.


                                    Discussion followed regarding the notation in the report that addresses the procedure for rebuilding after the destruction of a building.  The Assembly unanimously agreed to address this issue during the next meeting via the resolution process.


                                    3.)  Classification recommendation from Mayor Talerico regarding Borough Land near Otto Lake, Healy, Alaska, Section 26.


                                    Mayor Talerico explained his recommendation to classify the parcel recreational development. 


                                    4.)  Set the time and dates for the public hearing on classification of the above mentioned land.


Discussion ensued and the public hearings will be held as follows:  March 26, 2003, Tri-Valley Community Center, 7:00 p.m. to 8:00 p.m., and April 5, 2003, Black Diamond Golf Course, 10:00 to 11:00 a.m.


LAUGMAN declared the Planning Commission meeting adjourned at 7:25 p.m.


RECESS                   CASWELL called a recess at 7:25 pm.


RECONVENE           CASWELL called the meeting back to order at 7:35.


MINUTES                   1.)  Assembly Meeting:  Work Session, Public Hearing, Regular Meeting held on February 12, 2003.


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


FINANCIAL                1.)  Financial report for January 2003.


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


MAYOR’S                  Mayor Talerico gave a report on the activities of his activities

REPORT                    for the past  month. 


DBSD SUPT.            Superintendent Whicker gave a brief synopsis of his written

REPORT                    report, and the unfair labor practice filed against the District.


Discussion followed.


UPCOMING               The Personnel Committee will hold a meeting on March 19,

MEETINGS                2003.  They will be discussing the Ethics Ordinance.


PRESENTATION      Land Use Planning Committee (LUPC) member John Miner updated the Assembly on the Borough’s Municipal Land Entitlements. Miner invited the Assembly to participate in a joint work session with the LUPC pertaining to this issue.


PUBLIC                      McKinley Village resident Steve Jones spoke in favor of the

COMMENTS             Assembly thinking out of the box when it comes to their financial woes.  He also said the non-conforming use determination should only be based on what uses exist on his lot. 


                                    Healy resident Mona Bale spoke in favor of the Assembly waiting for the results of the NARS before proceeding with any provisions of HB 244. 


                                    Healy resident Chuck Tomkiewicz stressed the importance of the Assembly asking the residents how they feel about HB 244.  He concurred with Bale’s statement.


                                    Bear Creek resident Jerry Mueller commended the Administration on moving ahead with Borough land classification. 


APPEARANCES      Mr. Joe Fields, general presentation of proposed Denali

                                    Railway System.


                                    Mr. Joe Fields gave a brief overview of his recent letter to the Assembly requesting and insisting that the Assembly withdraw consideration of Ordinance 02-11, Version B.  Fields said Kantishna Holdings would continue to pursue their project.


ORDINANCES          1.)  Ordinance 01-11, Version C, an ordinance creating Title IV, Chapter 28 of the Denali Borough Code of Ordinances providing for evaluation and acquisition of economic development land by the Borough.  This ordinance pertains to the implementation of HB 244.


MICHAELS MOVED to postpone this ordinance indefinitely, and HALL seconded.  The roll call VOTE was unanimous.


2.)  Ordinance 02-12, Version B, an ordinance amending the procedure for filling a vacancy on the Borough Assembly.


MICHAELS MOVED to amend section F of the ordinance by changing the word “secret” to identifiable, and LAUGMAN seconded.


HALL asked that a definition of “identifiable” be added to the ordinance.


The VOTE on the amendment was 7 to 1, with EVANS opposed.


MICHAELS MOVED to postpone this ordinance until the next meeting, and HALL seconded.  After minimal discussion the VOTE was unanimous.


3.)  Ordinance 03-01, Version B, an ordinance amending the Denali Borough Code of Ordinances, Title II, Chapter 8, titled Assembly Procedures, pertaining to the Assembly agenda.


MERCER and MICHAELS spoke in favor of the ordinance.


MERCER MOVED to adopt, and MICHAELS seconded.  The roll call VOTE was unanimous.


MICHAELS MOVED to hold the next Planning Commission meeting on April 9, 2003, at 6:00p.m. and HALL seconded.  The VOTE was unanimous.


                                    4.)  An ordinance appropriating one half of the investment earned by the Permanent Investment Fund during Fiscal Year 2002 to the Borough General Fund in accordance with Section 9.17 of the Denali Borough Charter.


                                    Mayor Talerico explained the proposed ordinance. 

                                    CASWELL entertained a MOTION to introduce this proposed ordinance.  HALL so MOVED and MERCER seconded.


                                    Mayor Talerico spoke in favor of the ordinance and MICHAELS spoke against the ordinance.  Discussion followed.


                                    The roll call VOTE was 8 to 1, with MICHAELS opposed.  This will be Ordinance 03-02.


                                    CASWELL entertained a MOTION to suspend the rules and extend the adjournment to no later than 9:30 p.m..  HALL so MOVED and LAUGMAN seconded.  The VOTE was unanimous.


                                    5.)  An ordinance amending the Denali Borough Code of Ordinances, Chapter 21, pertaining to the Severance Tax.


                                    EVANS spoke in favor of the proposed ordinance and assured the Assembly that no conflict of interest existed, as he works for Evans Industries.  


                                    At CASWELL’s request POLLOCK took over the gavel. 


                                    CASWELL spoke against some of the restrictions added to the ordinance.


                                    Discussion followed. 


                                    EVANS MOVED to introduce, and HALL seconded.


                                    Discussion ensued, and the roll call VOTE was 7 to 1. with CASWELL opposed.  This will be Ordinance 03-03.


RESOLUTIONS        1.)  A resolution expressing the commitment of the Denali Borough to proceed with the provisions of HB 244.


                                    MICHAELS MOVED to postpone this item indefinitely, and HALL seconded.  The VOTE was unanimous.


                                    2.)  A resolution expressing the need for the Denali Borough to wait for the results of the North Denali Access Study before proceeding with the provisions of HB 244.


                                    MICHAELS MOVED to adopt this resolution, and HALL seconded.


                                    Discussion followed, and LAUGMAN MOVED to amend the last paragraph by deleting the word “proceeding” and adding the verbiage “making further plans to proceed”.  MICHAELS seconded.   


                                    Minimal discussion followed.


The VOTE on the amendment was 5 to 3, with CASWELL, EVANS, and SHELTON opposed.


                                    The roll call VOTE on the adoption of the resolution as amended was 6-2 with EVANS and CASWELL opposed.


OTHER                       1.)  Update regarding the Temporary Water Use

BUSINESS                application from DOT, Otto Lake.


                                    Land Technician Gail Pieknik explained that DOT is no longer considering using Otto Lake as a water source for their projects.


2.)  Public Comments.


                                    Healy resident Frank Talerico spoke in favor of DOT’s decision not to utilize Otto Lake. 


                                    3.)  Selection of date for the joint work session with the School Board.  The clerk will notify the member that the Assembly selected March 22, 2003, from 10:00 am to Noon, in Anderson. 


ASSEMBLY               MICHAELS expressed his thanks to Joe Fields for the

COMMENTS             opportunity to discuss his project.


                                    HALL brought up the possibility of making the work session longer to insure that all the items on the agenda are discussed.


                                    LAUGMAN announced his engagement to Wendy! Congratulations Neal!


                                    EVANS questioned the wisdom of carrying out the directions in HB 244 before the NARS is complete.


                                    SHELTON thanked his constituents for attending the meeting and expressing their viewpoint.  He appreciated Mayor Talerico’s “open atmosphere” at the Borough.


                                    CASWELL explained the beginning of the NARS Project.


NEXT MEETING       The next Assembly meeting will be held on April 9, 2003 in Healy.


ADJOURNMENT      CASWELL declared the regular meeting adjourned at 9:25 p.m.




ATTEST:  ______________________     APPROVED:  __________________


                                                                        APPROVED:  __________________

                                                                        Planning Commission Chairman


Date Approved:  April 9, 2003