Minutes of the Regular Meeting
Denali Borough Assembly
Tri-Valley Community Center, Healy
December 9, 2001
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, Teresa Hall, Jerry Mueller, Teresa Usibelli, Jim Payne, Scott Stowell,
Gerald Pollock, and Mayor Gonzales.
Absent members included Carol Shields and Dave Talerico.
MUELLER entertained a MOTION to excuse TALERICO and
SHIELDS. HALL so moved and PAYNE
seconded The VOTE was unanimous.
PLANNING Request for a variance from Steve Jones regarding Lot
2A and
COMMISSION Lot 2B within Village View Subdivision. Denali Borough
Land
Technician Gail Pieknik gave a brief overview of the history of this variance
request from Mr. Steve Jones. Pieknik
said Alaska Statutes consider employee housing as rental units. She recommended that the Assembly object to
the variance request, and ensure that Mr. Jones abides by the Borough Code of
Ordinances.
Steve
Jones said prior to subarea land use plan he had 4 employee housing units in
place. He said since there is no
sunset clause in the plan, that should be considered existing use. Jones said he has never received any
compensation from employees when they stay in his employee housing. He said employee housing should not be considered
rental structures. He said he has
upgraded some of the existing structures.
Discussion
followed, and Pieknik stated the Attorney said when an employer provides
housing, the employer receives a benefit.
MICHAELS said he is under the impression that Jones is in
compliance, so why is he asking for a variance.
Jones said he is trying to protect his investment. He said he is requesting a variance for the
number of structures allowed on the lot.
CASWELL
asked if all of these structures were there when Ordinance 96-12 was
adopted. Jones explained his drawing of
the current structures. Jones said
basically there are 3 new structures.
Discussion
followed, and HALL moved to grant the variance to Mr. Jones. MICHAELS seconded.
Alan
Seegart, Mckinley Village resident, said he is confused like everyone else
regarding this variance request. He
said that Mayor Gonzales and Pieknik inspected that lot last summer. He said this map from Jones does not
accurately reflect what buildings are on the lot, and which ones are just
foundations on the lot.
Discussion
followed.
Jones
further explained the map, delineating what was a building and what just had a
foundation and /or walls.
MUELLER
asked Jones if he feels he is in violation of Ordinance 96-12. Jones said he feels he is not in
violation.
MUELLER
asked if the variance is being requested because of a monetary hardship. Jones said he is trying to move closer to
what the other residents of the subdivision want.
Seegart
said he is puzzled by the map. He
suggested that the Assembly ask Jones to cease and desist, as he is in
violation of the ordinance.
The
roll call VOTE was 0-7, and failed for the lack of any affirmative votes.
Jones
stated that he will comply with the Assembly’s action, and have one rental and
two duplexes.
MUELLER
entertained a MOTION to have the Administration bring a resolution, which
contains finding of fact for this action, to the next meeting. HALL so moved, and PAYNE seconded. The VOTE was unanimous.
MINUTES HALL MOVED to adopt the minutes of the October 28,
2001 Special meeting, and PAYNE seconded.
USIBELLI
stated that she has a letter from Healy resident David Braun, in which he
requested changes to the minutes.
USIBELLI MOVED to have the clerk research the requested changes and see
if they are accurate. MICHAELS
seconded. The VOTE was 5-2 with CASWELL
and HALL opposed.
MICHAELS
moved to postpone all the minutes, and POLLOCK seconded. The VOTE was
unanimous.
FINANCIAL The Chair entertained a MOTION to receive the
September
REPORT 2001 financial report. HALL so MOVED and PAYNE seconded. The VOTE was unanimous.
ASSEMBLY HALL said that Mayor Gonzales had been elected Second
VIce
COMMENTS President of the Alaska Municipal League board of
Directors during the conference last week.
USIBELLI
said she had asked to review the Borough Code public records section during the
meeting, and MUELLER had told her, via his memo back to her, that maybe that
issue was best discussed during a work session. She also asked about her map request. She asked if any other Assembly members felt a work session was
warranted.
MUELLER said in his memo he told her there is a big
difference between voting district and census district maps, per her request. USIBELLI said she was looking for census
district maps. MUELLER said the
Federal Census takers developed their own maps, which are unrelated to the
Denali Borough voting districts.
MUELLER said the maps were up during the October Special meeting on
reapportionment and the Staff went over each one at that time. He said the maps are available in the
Borough office.
USIBELLI MOVED to have a work session on what the Assembly’s
jobs are, what their roles are, and public records. HALL seconded.
HALL
stated that she thinks that would be in our best interest, and is in favor of
obtaining outside help with this issue.
MICHAELS
asked what the work session encompasses.
USIBELLI
said she would like to see some of the newly elected officials class
information in the class.
Discussion followed, and MUELLER clarified the motion to
state that the work session would be similar to a public officials training
seminar.
HALL
MOVED to amend the motion to have the Staff look into the cost of such a work
session, and report back during the next meeting. MICHAELS seconded. The
VOTE on the amendment unanimous.
Mayor
Gonzales encouraged the members to attend because in the past hardly anyone
shows up.
The
VOTE on the main motion was unanimous.
COMMITTEE 1.) Land Use Planning Committee
SEAT
APPOINTMENTS The Chair entertained a MOTION to approve Jim Payne for seat F
on the Land Use Planning Committee.
HALL so moved, and MICHAELS seconded. The VOTE was unanimous.
APPEARANCE Gary Hutchison from Kohler, Schmitt and Hutchison was in
(AUDIT) attendance to present a brief overview of the
fiscal year 2001 audit.
APPEARANCE Chamber of Commerce Representative Jim Sharp was in
(CHAMBER) attendance and gave a brief overview of the chamber’s
financial and membership issues. He
commended the assembly for their support in the past regarding Chamber
activities.
Minimal discussion followed.
RECESS MUELLER
called for a recess at 4:10 p.m.
RECONVENE MUELLER
called the meeting back to order at 4:30 p.m.
ORDINANCES 1.) Ordinance 01-10, version B, an
ordinance amending Denali Borough Charter, Article XI, Section 11.01, regarding
a sales tax.
MICHAELS MOVED to postpone, and HALL seconded. The VOTE was
unanimous.
2.) Ordinance 01-13, Version A, an ordinance establishing a
2% general sales tax within the Denali Borough. (Introduced by Assembly member Teresa Hall)
HALL MOVED to postpone, and PAYNE seconded. The VOTE was
unanimous.
3.) Ordinance 01-14, Version A, an
ordinance adding Title II, Chapter 22A, Titled Excursion Tax to the Denali
Borough Code of Ordinances. (Introduced
by Assembly member Scott Stowell)
PAYNE moved to postpone, and
MICHAELS seconded.
Hagar suggested that the Assembly review the section
regarding exemptions for school events.
The VOTE was unanimous.
4.) An ordinance
amending the Borough Charter, Article VIII, Section 8.02, paragraph 3,
concerning School Board reapportionment.
MUELLER relinquished the Chair to
HALL. There were no objections.
MUELLER MOVED to introduce, and CASWELL
seconded.
MUELLER said this ordinance came about after he spoke with
the previous School Board President. He
said this is being presented to the Assembly in hopes that it will be on the special election
ballot.
MICHAELS stated that we would need to hold a special meeting
to adopt this so it can go on the ballot.
Discussion followed, and the Clerk asked for a recess.
RECESS MUELLER
called for a recess at 4:35 p.m.
RECONVENE MUELLER
called the meeting back to order at 4:45 p.m.
MUELLER said the board wanted to include Ferry in the middle
district.
Discussion followed and MUELLER said the School board does
not have to abide by the variance requirement of 10%.
CASWELL stated that he would like to have a letter from the
school board stating what they want.
USIBELLI asked if we would have some maps to go along with
this ordinance. MUELLER said this
ordinance has not been introduced yet.
MUELLER said one of the other reasons for this ordinance is
that the School Board wanted the voters to have another option beside the
at-large option acquired by the certification of the petition.
The roll call VOTE was 6-1, with POLLOCK opposed. This will be Ordinance 01-16.
Discussion followed regarding when to set the date for the
special meeting for this ordinance. The
Clerk asked for a recess.
RECESS MUELLER
called for a recess at 4:50 p.m.
RECONVENE MUELLER
called the meeting back to order at 5:00 p.m.
MICHAELS moved to postpone setting a date for a special
meeting until we set a date for the special election. CASWELL seconded. The
VOTE was unanimous.
5.) Ordinance 01-07,
Version A, an ordinance amending the Denali Borough Code of Ordinances, adding
Chapter 22, pertaining to business licenses.
MUELLER MOVED to postpone, and PAYNE seconded. The VOTE was
unanimous.
HALL turned meeting back over to MUELLER.
OTHER 1.) Petitions regarding reapportionment.
BUSINESS
Clerk
stated that both pet have been certified.
2.) Liquor licenses renewal for Denali Backcountry Lodge
beverage dispensary store designation.
HALL MOVED to take no action, PAYNE seconded.
MICHAELS asked if the office had received any comments
regarding these renewal requests. The
Clerk replied no.
The VOTE was unanimous.
3.) Set the date for the Special Election regarding
reapportionment.
MICHAELS moved to set the special election date for Tuesday,
February 19, 2002, and CASWELL seconded.
Discussion followed and the Clerk said she needs time to
submit this request to the Department of Justice.
PAYNE stated that he would like something in writing that
states the date is fine with the State because it is so close to the 6 month
deadline.
HALL called the question.
The roll call VOTE was unanimous.
The special meeting was decided by unanimous consent to
occur December 21st, 2001, at 6:30, in Healy.
4.) Open Meeting Act discussion by
Teresa Usibelli.
USIBELLI stated that she attended the AML Newly elected
Officials training session regarding the Open Meeting Act. She said when the Assembly went into
Executive Session in Cantwell, the reason for entering the session was
wrong. She said when the Assembly goes
into executive session the reason should be definitive.
PAYNE read from the Denali Borough Code of Ordinance
pertaining to executive session and he feels the Assembly was not out of
order. He said if someone wants to air
their dirty laundry in public that can be arranged.
HALL said this discussion should be held during the training
work session.
CASWELL agreed with PAYNE, and said the reason the Assembly
went into executive session was appropriate, and he feels the Assembly did
nothing wrong.
Former Assembly member Scott Stowell said he was on the assembly at that time,
and Assembly protocol regarding a confidential letter was an appropriate
reason.
MICHAELS stated that he agrees with HALL that we need to
discuss executive session and the open meetings act at the work session.
USIBELLI said a correct reason for an executive session to
be on the agenda is so the public can participate if they want to. She said she is not here to reprimand
anybody, but what was just said at this table, this is why we need to be
educated. She said just right here and now, she has never heard such…we’re heading for more problems.
MUELLER said educating this Assembly is not the job of one
Assembly member. He said the training
will take place in the near future. He
said getting people to attend training is like pulling teeth!
Stowell said he objects to Ms. Usibelli’s language regarding
reprimanding the Assembly.
5.)
Ballot measure approval.
Discussion began and the Clerk clarified that this is just
an opening statement for the forthcoming ballot measure.
MICHAELS stated that there are going to be 4 items on the
ballot. The Clerk concurred.
PAYNE MOVED to approve the introduction, and HALL
seconded. The VOTE was unanimous.
MICHAELS MOVED to have the Clerk moved to have the Clerk
draw up a draft mail out pertaining to the ballot for the special election, by
the next meeting. HALL seconded.
John Winklmann, Healy resident, asked what would be on the
mail out.
MICHAELS stated at the last meeting he suggested doing a
mail out explaining what this election is about.
MUELLER entertained a MOTION to make sure all four ballot
propositions are addressed in the mailout in a non-partisan manner. PAYNE so moved, and MICHAELS seconded.
USIBELLI asked if maps would go out with the mail out. Charlie Loeb, Healy resident said he agrees
with USIBELLI. USIBELLI said she would
like to see more definitive in the maps.
Discussion followed and MUELLER said it’s impossible to get
that type of map without using a GIS or GPS to get right down to that point.
USIBELLI said that the administration needs to meet the APOC
guidelines for a mailout.
The VOTE on the amendment to the motion was unanimous.
The VOTE on the main motion was unanimous.
5A) Discussion on next years budget – Jim Caswell.
CASWELL suggested cutting our budget buy 30% to allow for
reduction. He stated that if we do not
address this early, we may have a problem.
Hagar stated that that would suggest to him that the
District needs to be aware of this possible reduction as well.
PUBLIC National Park Service Deputy Superintendent
Diane Chung
COMMENTS invited everyone to their open house in Healy on
Wednesday.
ASSEMBLY Mayor Gonzales said that the staff does certain things
that are
COMMENTS set by the Assembly, and we have enjoyed nine years of
good working conditions. He stated
Representative James states it best when she said it’s all right to disagree, but
disrespect will not be tolerated. The
Mayor said the office is aware that they must respect the public at all times,
but when the public comes into the office and demands and threatens the Staff
that will not be tolerated!! He said if
anyone thinks they can come into the office right after the Assembly meeting
and obtain a copy of the tapes they are incorrect. Mayor Gonzales said the tapes will not be let out in accordance
with the office policy. That policy
states that copies of the tapes will be available after the Assembly adopts
those minutes. He said the person who
keeps insisting upon copies of the tapes has been given this policy several
times. He said he hopes the Assembly
members have not been telling constituents that they can obtain copies of the
tapes without verifying the policy. He
stated that when the se people are coming into the borough office, and
demanding these things, there are a lot of other items that take priority. He stated that there is a policy in place
that was approved by the Assembly, and when a person comes in and harasses the
Staff and grabs items, he will not take it anymore. Mayor Gonzales said he will not tolerate anyone using four letter
words on himself or the Staff, and he will carry this policy through to the
fullest extent! He said he does not
think he should be subjected to someone using four letter words on him, and it
will not be tolerated!!
MUELLER
stated that minutes are not approved until the next meeting then why would
someone think they can obtain the tapes.
Mayor
Gonzales stated that this person takeS it very seriously, and maybe the correct
information is not being disseminated.
Mayor Gonzales read the policy.
CASWELL
stated this goes beyond disrespect.
CASWELL stated that if a person threatened a member of our staff, that
will not be tolerated! He said if a person continues to act his way, then
maybe they need to be escorted by the Trooper when they come into the office.
PAYNE
stated that he agrees with CASWELL. He
stated that this situation has gone too far.
He stated that these girls do not have to put up with that!
USIBELLI
stated that maybe we should have this on the next agenda. She said the public records issue is
addressed in the code, and in her training it said records should be made
available two weeks after the meeting to the public.
MICHAELS
stated that he does not think that the office policy needs to be changed. He stated that the Assembly needs to back
Mayor Gonzales. He also agrees that the
office staff does not have to put up with being harassed or threatened. He said if someone thinks their being denied
their rights then there is a process for them to follow, all the way to the
court system.
CASWELL
stated his concerns about the Staff felling harassed and threatened.
NEXT MEETING The next Assembly meeting will be held on January 13, 2002
at the McKinley Village Community
Center.
ADJOURNMENT MUELLER
declared the regular meeting adjourned at 6:01 pm.
Date Approved:
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