Minutes of the Regular Meeting
Denali Borough Assembly
Anderson School
July 14, 2002
CALL TO ORDER Presiding Officer Jerry Mueller called the regular meeting to order at 3:10 pm.
ROLL CALL Assembly members present were: Sid Michaels, Jim
Caswell, Jerry Mueller, Teresa Usibelli, David Talerico, Teresa Hall, Jim
Payne, Gerald Pollock, Carol Shields, and Mayor Gonzales.
Presiding Officer of the Assembly
MUELLER handed the meeting
over to
the Planning Commission Chairman TALERICO.
PLANNING 1.) Case file
02-006. Request to vacate existing lot
lines and
COMMISSION combine deeded parcels into one lot. Owner/Applicant: Zarcone Bothers Real Estate LP.
Location: U.S. Survey No. 5545,
Section 34, Township 13S, Range 7W, Fairbanks Meridian, Alaska near Denali
National Park entrance.
MICHAELS
asked Land Technician Gail Pieknik for a brief description of the request. She said the parcel is approximately 17.84
acres, and the request is to take out the lot lines and make the parcel one
lot.
MICHAELS
stated that near the center of the parcel there is a driveway easement that
needs to be vacated. He suggested that
be noted under “plat notes”. He asked
Gail if all the quit claim deeds were under the name of the Zarcone Brothers
Partnership. Gail said no they were
not. She said that some of the deeds
are under other family members names, and those names are not listed as
partners in the Zarcone Brothers Partnership.
MICHAELS
MOVED to approve this plat pending that the vacation of driveway be listed
under the plat notes, and all of the deeds to the parcels be under the Zarcone
Limited Partnership. PAYNE seconded.
Discussion
followed and HALL suggested postponing this until the Assembly receives proof
of the parcel ownership.
MICHAELS
amended the MOTION to add “preliminary” before the word approval. HALL agreed with the amendment.
The
roll call VOTE was 8-1 with HALL opposed.
MUELLER
resumed the regular Assembly meeting.
MINUTES 1.) June
9, 2002: Work Session, Public Hearing,
and Regular Meeting.
MUELLER
entertained a MOTION to approve the minutes.
MICHAELS so moved, and SHIELDS seconded. The VOTE was unanimous.
FINANCIAL HALL MOVED to receive the May 2002 financial report,
and
REPORT MICHAELS seconded. The VOTE was unanimous.
MAYORS The Mayor said the items in his report will be
covered during the
REPORT course of the meeting.
DBSD SUPT. Superintendent Bob Wicker, introduced himself and gave a
brief overview of his professional history.
He stated that he feels privileged to be a part of the Denali Borough
School District. He stated that he
would like to keep the good relations between the District and the Assembly
moving forward.
Wicker
said the staffing of the District for the upcoming school year is pretty much
done. He said their insurance increased
from $47,358 to $127,194. He said the
school board would meet on the 16th to look at ways to fund this
increase.
Wicker
said he would like to meet with each Assembly member individually to discuss
the District’s strengths and areas of challenges.
PERSONNEL HALL stated that the personnel committee was unable to
meet
COMMITTEE due to lack of a quorum, and they will meet once one of
their members returns.
1.) Mayor’s report regarding the North Access
Reconnaissance Study. (NARS)
Mayor
Gonzales said the project is moving forward.
He said the Management Team has met and decided to hire Alaska
Transportation Consultants (ATC) as advisors to the Management Team. He said ATC would be hired as part-time
employees of the Borough, with no benefits.
He said they would be working on the preliminary project scope,
schedule, and budget, and the preliminary scoping meetings as addressed in
Phase I of the project. He said Don
Lowell, an ATC Representative, was in attendance.
MICHAELS
asked how many people would be hired.
Mayor Gonzales stated that it will come out to be one person
being added to the payroll, and the Borough will be reimbursed through the
grant. Mayor Gonzales stated that he is
pretty comfortable with the amount of money that we will pay them and the
amount of time they will spend on it.
USIBELLI
asked if we are keeping an internal budget on this project.
Mayor
Gonzales stated that we are spending our money to do the projects and after we
spend the money, then we bill them.
He said the Borough has received its first reimbursement check from the
DOT.
PUBLIC Healy resident Gina Soltis said the general
population needs to
COMMENTS be kept informed as to what the Borough is doing, like
the Northern access Reconnaissance Study.
She said the public should be brought into the fold early in the
project. She said she did not know this
study was going on.
ATC Representative Don Lowell said
he is very pleased with the Mayor’s Management Team. He assured the Assembly and members of the public that the public
will be involved in this project.
ORDINANCES 1.) Ordinance 01-10,
Version B, an ordinance amending the Denali Borough Charter, Article XI,
Section 11.01, regarding a sales tax.
(Introduced by Assembly member Jerry Mueller)
MUELLER entertained a MOTION to postpone any action on the
ordinance until the next meeting. MICHAELS
so MOVED 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 amend by substitution by substituting Version
A with Version B. MICHAELS seconded.
HALL said the difference between the two is that version B
states what will be taxed. She said the
only difference between this ordinance and Ordinance 01-10 is the addition of
heating oil to items that will be taxed.
HALL stated that she still believes that it is necessary to
come up with more revenue. She stated
that we couldn’t wait and hope that the Borough will have enough revenue to
complete their capital projects.
The roll call VOTE was unanimous.
PAYNE MOVED to postpone this ordinance until the next
meeting. MICHAELS seconded. The VOTE
was unanimous.
3.) Ordinance 01-12, Version B, an ordinance adding Title
III, Chapter 22A, titled Excursion Tax to the Denali Borough Code of Ordinances. (Introduced by Assembly member Scott
Stowell)
TALERICO MOVED to postpone indefinitely, CASWELL seconded.
TALERICO stated that it is quite a document, and does not
want to have anything to do with it.
MICHAELS stated that a document like this would be put
together if any new tax were ever voted in, but he does not think that this is
the time.
The roll call VOTE was unanimous.
4.) Ordinance 01-07, Version A, an ordinance amending the
Denali Borough Code of Ordinances, adding Chapter 22, pertaining to business
licenses.
TALERICO MOVED to postpone this ordinance until the next
meeting. PAYNE seconded. The VOTE was unanimous.
5.) Ordinance 02-07, Version A, an ordinance amending the
fiscal year 2003 budget.
HALL MOVED to change the mayor’s salary line item amount
from $50,000 to $32,500. MICHAELS
seconded.
HALL stated that there has been an increase in the mayor’s
duties, and apologized to her constituents for voting in favor of the increase
during the last meeting.
USIBELLI read a letter from Healy resident Rick Martin who
spoke against the increase in the mayor’s salary. He asked that the Assembly table the amendment until a more
thorough investigation is completed to determine if there is a need for an
increase. (See attached for complete letter)
PAYNE reminded everyone that the Borough Clerk works for the
Assembly. He said he knows our current
Mayor puts in more than forty hours a week.
He said the Mayor puts in more time than most people do on their normal
job.
CASWELL said he voted against the raise, but after hearing
the letter USIBELLI read, he has to make a statement. He said the Borough Formation Committee set the Mayors’ salary
amount when the Borough was formed. He
said that Committee did not foresee the need at the time for a larger
salary. He said we have a very fine
Mayor who works more than 20 hours a week, as dictated by the position being
designated part-time.
Healy resident Ray Gary suggested that the Assembly make the
position a full-time position to justify the salary and the increase in
responsibilities.
Mayor Gonzales said he knew what he was going to get paid
when he became the Mayor. He said the
Mayor is going to do what he or she has to do no matter what they get
paid. He stated that whoever sits in
the seat of the Mayor has to consider if they can make it on $30,000 a
year. Mayor Gonzales said he feels the
letter is out of context by including the staff in with a letter speaking
against the increase in the Mayor’s salary.
He said he and the Assembly decide how much the staff is worth to them,
and if we want to hire someone who doesn’t know what their doing, then go ahead
and see what you’re going to get out of that!
He said if you’re going to pinch pennies when it comes to the Staff,
then don’t expect them to do all the things required. He said the only reward that you can give them is monetary. Mayor Gonzales said the statement made in
that letter is totally wrong, and he is against any statement like that. He said the Staff has nothing to do with
what the Mayor’s salary should be.
The VOTE on the proposed amendment was 7-2 with POLLOCK and
PAYNE opposed.
HALL MOVED to amend increase bonding and insurance line item
to $11,200. MICHAELS seconded. The VOTE
was unanimous.
USIBELLI suggested postponing this ordinance until the
august meeting to obtain a more accurate picture of the funds available.
CASWELL said he would like to see this adopted to address
the immediate needs of the school District and others effected by this
ordinance.
Discussion followed, and the Assembly took a recess to make
the appropriate changes to the ordinance.
RECESS MUELLER called for a recess
at 3:55 p.m.
RECONVIENED MUELLER called the meeting back to order
at 4:15 p.m.
MICHAELS
MOVED to amend the ordinance to reflect the
proposed changes. Those changes are as follows: The Assembly
Budgetary reserve line item total
would be $286,815, the Assembly
expense total would be $617,716, the
Mayor’s expense total would
be $405,217, and the complete
expense total would be
$2,243,789. HALL seconded.
Minimal discussion followed, and the VOTE was unanimous.
MICHAELS MOVED to adopt the amended budget, and HALL
seconded.
The roll call VOTE was 8-1, with USIBELLI opposed.
ASSEMBLY MUELLER reminded the Assembly
that they need to respond to the
COMMENTS office memo regarding the annual
trip into Denali National Park.
6.) Ordinance 02-08, Version A, an ordinance creating Title
IV, Chapter 27 of the Denali Borough Code of Ordinances providing for
classification of Borough-owned land.
TALERICO stated that he wanted to stress again that the
purposes listed in the ordinance are really critical. He said the purposes and the classifications go hand in hand.
HALL said a designation should be added the adds
“unrestricted” under classifications.
She said most of the Borough is designated unrestricted.
Discussion followed, and HALL MOVED to include
“unrestricted” to page two, under Section one.
CASWELL seconded.
MICHAELS suggested returning this ordinance to the LUPC for
their review. He said if the
unrestricted classification is added, then there should be a definition of that
classification.
HALL said this ordinance does not address how to reclassify
lands. MUELLER reminded the Assembly
that the LUPC was tasked with coming up with definition only.
Healy resident Charlie Loeb suggested that an unrestricted
definition be added on page three.
Denali Borough Attorney Jim Gorski stated that you could say
that it is not a zoning ordinance but if it walks like a duck and talks like
a duck, then it is a duck! He stated that unclassified and unrestricted
are two different things, but the unrestricted classification should be
integrated somehow. He said if you do
that, it would make interpretation down the trail a lot easier. He said unrestricted and unclassified are
two different things.
Loeb said this ordinance is not a zoning ordinance. He said this ordinance is a classification
ordinance for Borough owned lands.
Gorski said this ordinance states that before the Borough
can dispose of any lands they must classify the land.
Loeb said right now in the Borough there are only a couple
of covenants restrictions once the land passes to private ownership. He said he thinks the main impact this
classification will have is on how land is subdivided and whom it’s marketed
to, which the Borough is willing to sell to.
He said right now there is nothing in this ordinance that says there is
going to be any regulatory restrictions on the land.
Gorski said, as an example, what if the Borough had a[piece
of land that was going to be conveyed to private hands, and the classification
on that land was rural residential, then could they say the land is
unrestricted and put an asphalt plant on that land. He said there will be classifications, but what kind of weight
does that classification carry once it goes to the next set of hands.
Loeb said it carries more clout if the Borough has a
covenant or a land use regulation scheme on the land. He said you can buy a five-acre parcel in the Panguingue Creek
Subdivision, and the way it’s subdivided it makes sense that the land would be
used for residential purposes. He said
another way this makes sense is if the assembly decides to lease some of the
lands that will be classified commercial.
Discussion followed.
TALERICO said “unclassified” in the document is not a
classification; it’s just a definition.
He said all that really means is that the Borough has not classified the
land yet.
HALL clarified her motion:
to add “unrestricted” as a classification, and amend the motion to add
item K.) under definitions.
CASWELL stated that unrestricted is anything that is
legal.
Discussion followed.
Gorski said from an enforcement point of view, the Assembly
must decide if unrestricted is a classification.
MICHAELS suggested that the assembly review the current
zoning ordinance and use that definition.
Loeb suggested that the LUPC bring a definition of
unrestricted.
CASWELL the Assembly needs to be careful not to allow more
national monuments in the Borough. He
said we already have 4 million acres of national monuments!
MICHAELS suggested that maybe the Assembly should back off
from adding unrestricted, and do some research first.
CASWELL spoke in favor of the proposed changes.
TALERICO called the question.
The VOTE on the amendment was 6 to 3, with POLLOCK,
MICHAELS, and MUELLER opposed.
USIBELLI MOVED to postpone this ordinance until the next
meeting. PAYNE seconded. The VOTE was
unanimous.
OTHER 1.)
Liquor License restaurant/eating place designation
BUSINESS application from Black Bear Coffee House.
HALL asked if the office had received any comments on this
application. The Clerk said no. HALL MOVED to approve, and MICHAELS
seconded. The VOTE was unanimous.
2.) Transfer of Ownership request for the Clear Sky Lodge,
package store designation.
SHIELDS declared a conflict of interest, as she is the owner
of the Clear Sky Lodge.
RECESS MUELLER
called for a recess at 4:40 p.m.
RECONVIEND MUELLER
called the meeting back to order at 4:45 p.m.
MUELLER
read Chapter 12, Section C of the Denali Borough
Code of Ordinance pertaining to
conflict of interest. The Mayor
must make a determination regarding
the stated conflict.
Mayor Gonzales stated that he does not be believe that any
person who holds office should abstain from voting. He said there are circumstances that were brought forward today,
and he will allow SHIELDS to abstain from voting.
HALL MOVED to approve the transfer request, and MICHAELS
seconded. The VOTE was unanimous with
SHIELDS abstaining.
3.) Public comment.
Healy resident David Braun said that Jim Caswell was not
counted during the last census. He said
that Caswell does not maintain a residence in this Borough. He said Caswell is a resident of
Anchorage. He said his wife lives in
Anchorage, as stated on his public offices form. Braun said Caswell’s mining claim is not his residence. He said you cannot have a residence on a
state mining claim. Braun said Mr.
Caswell has been perpetrating this fraud for many years. He said he does not appreciate a
carpetbagger from Anchorage dictating land use policy in this Borough, and if
Mr.Caswell is not an honorable enough person to resign his seat immediately as
stated in the Charter, then he suggests that the Assembly remove him! Braun said he addressed this issue two
months ago, and you simply ignored it!
He said if indeed you thought he was a resident of this Borough you
could just say so, but you chose to ignore it!
He said he has asked you please obey the law!
ASSEMBLY CASWELL said that he wants it to be official in this
forum that
COMMENTS Mr. Braun cannot say he wasn’t informed, that CASWELL is
hereby notifying Braun that you may not trespass on my property.
Braun
said no problem.
USIBELLI
said when we walked into the meeting we were handed an attorney letter
regarding the open meeting act. She
asked what precipitated this document.
Mayor
Gonzales said the letter was written because he had asked the attorney for a
legal opinion in regards to the open meeting act.
USIBELLI
said these letters cost money, and asked again what precipitated this letter.
Mayor
Gonzales said he had a need to know. He
said he needed to determine if he could talk to someone and not be in violation
of the open meetings act.
NEXT MEETING The next Assembly meeting will be held on August 11, 2002 in
Healy.
ADJOURNMENT MUELLER
declared the regular meeting adjourned at 4:52 pm.
Date Approved:
____________________