Minutes of the Regular Meeting
Denali Borough Assembly
McKinley Village Community Center
January 8, 2003
CALL TO ORDER Presiding Officer Jim Caswell called the meeting to order at
ROLL CALL Assembly members present were: David Evans, Baxter
Mercer, Teresa Hall, Jim Caswell, Carol Shields, Neal Laugman, Bob Shelton, Sid
Michaels, and Gerald Pollock.
Also present: Mayor
Dave Talerico, Borough Clerk-Treasurer-Assistant Administrator Shelly Acteson,
Land Technician-Landfill Supervisor Gail Pieknik, Administrative Clerk-Accounts
Payable Clerk Amanda Nyberg, Borough Attorney Jim Gorski, City of Anderson
Mayor Eileen Holmes, and Denali National Park Deputy Superintendent Dianne
Chung.
Discussion
followed and EVANS requested adding Mike Tranel,
NPS Representative under
Communications and Appearances.
LAUGMAN requesting adding the December meeting minutes to
the agenda. CASWELL said he would like
to add Mr. Frank Talerico’s request to lease Borough land under Planning
Commission Business.
The VOTE on the main motion was 7 to 2, with HALL and
CASWELL opposed. The Assembly
unanimously agreed to accept the agenda as amended, with the addition of two
new speakers under Communications and Appearances, the addition of the December
minutes, and the addition of Frank Talerico’s request to lease Borough land.
PLANNING 1.) Update on
DNR’s request to receive a public right of way
COMMISSION from the Borough for two roads to legalize access to the
Rex Trail.
Assembly Presiding Officer CASWELL turned the gavel over to
Planning Commission Chairman LAUGMAN.
He introduced
DNR Representatives Jeannie Prioux, Kathy Means, and Pandora
Willingham.
Prioux gave a brief overview of the Rex Trail access
issue. She said there are several
trails being utilized by residents to gain access to the Rex Trail. She said DNR had received positive feedback
from ARR, and DOT had given verbal approval regarding this issue.
Discussion followed and MICHAELS asked DNR to provide the
Borough with copies of the written approval for access from DOT and ARR. Prioux said DNR would like to clean up all
the accesses.
MICHAELS MOVED to postpone this issue until the next
meeting, SHIELDS seconded. The VOTE was
unanimous.
2.) Conceptual approval of DNR’s remote recreational cabin
sites near Mucha Lake and Tatlanika River.
Means, Program Manager for the Remote Cabin Staking Program
provided a brief overview of the Program.
She said she is here to obtain conceptual approval of the proposed
sites.
LAUGMAN entertained a MOTION requesting that the Mayor write
a letter to DNR expressing conceptual approval, CASWELL so MOVED and MERCER
seconded. The VOTE was unanimous.
3.) Lease
Application to lease Borough land from Mr. Frank Talerico for land near Otto
Lake.
Discussion ensued concerning Borough management authority
over the land in question, lack of Borough leasing procedures, title to the
land, legal ramifications of accepting this State application, and referring
this item to the LUPC.
Land Technician Gail Pieknik said the Borough has management
authority over the land in question, but the Borough does not have any
procedures in place yet to lease this land.
Healy resident Frank Talerico said the fees to the State of
Alaska that parallel their lease form are non-refundable. He said the State has no intention of
forwarding those fees to the Borough even though the Borough has management
authority over the land in question.
Mayor Talerico said there is a minimally addressed procedure
in the Borough Code, Chapter 24, which allows the Borough to lease lands.
MICHAELS spoke in favor of postponing this issue until the
next meeting so the Planning Commission has more time to review the request.
Discussion followed, and MERCER MOVED to accept Frank
Talerico’s money and get started on procedures. POLLOCK seconded. The
VOTE was 7-2, with LAUGMAN and MICHAELS opposed.
POLLOCK MOVED to have the LUPC come up with some long-term
lease procedures. MERCER seconded, and
the VOTE was unanimous.
MINUTES 1.) Canvass Committee Meeting November 7, 2002.
LAUGMAN
MOVED to amend the last page, last paragraph by substituting the verbiage as
written in the memo from the Clerk.
HALL seconded.
The
VOTE on the amendment was unanimous.
MICHAELS
MOVED to adopt the minutes as amended, and SHIELDS seconded. The VOTE was unanimous.
2.) Special Meeting
November 7, 2002
MICHAELS MOVED to adopt, HALL seconded. The VOTE was unanimous.
3.) Assembly Meeting: November 17, 2002
MICHAELS MOVED to adopt the minutes of the work session, and
SHIELDS seconded. The VOTE was
unanimous.
MICHAELS MOVED to adopt the minutes of the public hearing,
and LAUGMAN seconded.
MICHAELS
MOVED to amend John Miner’s stated statement on page one of the public hearing
from 1,300 to 13,000. MERCER
seconded. The VOTE was unanimous.
The
VOTE to adopt the public hearing minutes was unanimous.
MICHAELS
MOVED to adopt the minutes of the regular meeting, and HALL seconded.
SHELTON
MOVED to correct page 3, line 22 to accurately reflect the vote and the
motion. MICHAELS seconded. The VOTE was unanimous.
The
VOTE to adopt the minutes as amended was unanimous.
4.)
Assembly
Meeting: December 11, 2002.
MICHAELS
MOVED to adopt the work session, public hearing, and regular meeting minutes as
presented. LAUGMAN seconded. The VOTE to approve was unanimous.
FINANCIAL RPTS. HALL MOVED to receive the October and
November financial reports, and MICHAELS seconded. The VOTE was unanimous.
MAYOR’S Mayor
Talerico introduced the City of Anderson Mayor Eileen
REPORT Holmes, NPS Deputy Superintendent Dianne Chung,
and Denali Borough Attorney Jim Gorski.
Mayor Talerico gave a brief overview of his activities for
the last month.
Mayor Talerico requested that the next meeting be moved
forward a week so he can take care of business in Juneau. He said HALL would also be in Juneau during
that time attending the AML Board of Director’s stated meeting.
CASWELL
said School Board President Eleanor Dementi has
suggested February 18th as
a date to hold a joint work session
with the School Board.
ASSEMBLY HALL said the
AML Board of Directors is working with the
COMMENTS Denali Commission that provides assistance to local
government. She said one area of
assistance is homeland security. She
said she would be attending the AML Board meeting in Juneau next month.
MICHAELS
said due to time constraints, he would like the Assembly to consider taking
Planning Commission section of the agenda out of the regular meeting agenda,
and have that meeting at 6:00 p.m., before the Assembly work session.
1.) Committee Seat appointment
Land Use Planning Committee- Chuck Tomkiewicz
Mayor Talerico recommended Chuck Tomkiewicz for Land Use
Planning Committee Seat F. MICHAELS
MOVED to accept the recommendation, and LAUGMAN seconded. The VOTE was unanimous.
PUBLIC Kantishna Holdings Representative Joe Fields
requested that
COMMENTS he speak after Dave Braun and Mike Tranel under the
Communications and Appearance
section of the agenda.
McKinley
Village resident and member of the Denali Citizens
Council Sue Deyoe reiterated what
Linda Paganelli had
stated earlier. Sue said they have in their files 130
signatures
of people against HB 244.
She said she also has letters of opposition from the Nenana Fish and
Game and the Subsistance Commission.
COMMUNICATION CASWELL
reported that the Borough had received a letter and
a complaint form from Mr.
Braun. Also received was a letter
from DOT regarding parking management and an encroachment
permit.
APPEARANCES 1.) Healy resident
David Braun gave his rendition of a brief history of the wolf townships. He said originally the Borough was unable to
select those lands as part of the Entitlement Lands. He said the University of Alaska had put together an informal
proposal to have the State give that land to the University and then the
University would sell it to the National Park Service for $90 million.
Braun said the main thing that this bill does is repeal
certain sections of AS 29.65. He said
he thinks the Assembly and the Mayor think they should have sole say over what
happens to that land.
Braun said the bill also allows the Borough to retain
ownership of 3,500 acres out there, even if the railroad is never built.
2.) National Park
Service Planner Mike Tranel discussed the NPS’s position on northern
access. He said the NPS’s purposes are
to protect the outstanding resources in the Park and provide for visitor enjoyment.
Tranel said to provide for visitor opportunities in the
future there are three main things he would like to mention. 1.)
Expansion of services and facilities near the entrance to the Park,
2.) Backcountry expansion by visitor
contact south of Cantwell, and 3.) A
new destination near the Peter Hills, south of the Denali Borough.
3.) Kantishna
Holdings Representative Joe Fields discussed the history and intent of H
244. His discussion included the idea
of creating jobs and economic opportunities for the residents of the
Borough. He expressed his concerns
about the Borough being a willing partner in this project.
Fields discussed the TORA, the Project Management Team and
the fiduciary responsibility in the processing of this agreement.
ORDINANCES 1.) Ordinance 02-11, and 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. The Ordinance
pertains to Northern Access.
CASWELL
asked that POLLOCK, as Deputy Presiding Officer, chair the meeting so he can
address this ordinance.
CASWELL
spoke in favor of the ordinance.
CASWELL
MOVED to change the 4th line change “shall” to “may” Section 8 at
least annually a “written” report.
LAUGMAN seconded. The VOTE was
unanimous.
CASWELL
said this ordinance is intended to mirror HB 244.
LAUGMAN
said he thinks this ordinance is premature.
HALL
suggested a work session to address this ordinance, and said the only thing she
likes about this ordinance is the title because the title has nothing to do
with what’s in the ordinance.
MERCER
agreed with HALL, and stated that he is in favor of continuing the Study.
Discussion followed.
MICHAELS
MOVED to postpone any action on this ordinance and asked that the Presiding
Officer come up with some dates for a work session to address this
ordinance. HALL seconded, and the VOTE
was unanimous.
CASWELL
resumed the regular meeting as Presiding Officer.
2.) Ordinance 02-12,
and Ordinance amending the procedure for filing a vacancy on the Borough
Assembly.
MICHAELS MOVED to amend Section F of the ordinance by
deleting the word “secret” from the sentence.
LAUGMAN seconded. The VOTE was
unanimous.
MICHAELS MOVED to postpone any action on this ordinance
until the next meeting. SHIELDS
seconded. The VOTE was unanimous.
3.) An Ordinance
amending the Denali Borough Code, Title II, Chapter 8, titled Assembly agenda.
(Next Ordinance 03-01)
MERCER
explained the ordinance.
MERCER MOVED to introduce and MICHAELS seconded. The ROLL CALL VOTE was unanimous. This will be Ordinance 03-01, Version A.
HALL MOVED to postpone any action on this ordinance until
the next meeting, and MICHAELS seconded.
The VOTE was unanimous.
RESOLUTION HALL
explained and read her proposed resolution.
HALL MOVED to adopt this resolution, and MERCER
seconded. The ROLL CALL VOTE was
unanimous. This will be Resolution
03-01.
OTHER 1.)
TORA agreement Project Coordinator
BUSINESS
HALL MOVED to suspend the rules, and adjourn this meeting no
later than 10:30 p.m., and MICHAELS seconded. The VOTE was 8 to 1, with POLLOCK
opposed.
CASWELL relinquished his role as Presiding Officer to Deputy
Presiding POLLOCK so he could address this issue.
CASWELL discussed the matter concerning the position of
Project Coordinator, including a letter from the Borough attorney on this
issue.
Healy resident Linda Paganelli said on some of the paperwork
she has seen Eileen Armstrong was listed as the Project Coordinator, and Mayor
Talerico was listed as the Project Manager.
Borough Attorney Jim Gorski said in his letter he stated
that in his opinion, as requested by the Mayor, he sees this position as a part
of the Mayor’s duties. He said that
made the most sense to him.
RECESS Discussion
followed and POLLOCK called for a recess at 8:52
p.m.
RECONVENE POLLOCK
called the meeting back to order at 9:01 p.m.
Discussion followed.
Denali Borough employee Eileen Armstrong said DOT is under
the impression that the Project Coordinator position will remain in effect for
the duration of the NARS (Northern Access Reconnaissance Study) Project. She said the scope of work referred to in
the appendix of the TORA confirms that.
CASWELL said former Mayor John Gonzales believed in this
project and believed this project was good for the Borough.
CASWELL MOVED to remove John Gonzales as Project
Coordinator, and HALL seconded. The
VOTE was unanimous.
CASWELL MOVED to nominate Mayor Talerico as Project
Coordinator, and HALL seconded. The
VOTE was unanimous.
CASWELL resumed the meeting as Presiding Officer.
2.) Liquor License renewal request from Alpenglow
Restaurant, Mile 238.2 Parks Highway.
HALL
asked the Clerk if she had received any written or verbal comments pertaining
to this request. The Clerk said no.
HALL MOVED to take no action, and MERCER seconded. The VOTE was unanimous.
3.)Public Comments.
Healy resident Eileen Armstrong commented on the School
Board’s procedures for filling a vacancy.
Healy resident David Braun spoke against the statement on
the agenda that requests that all materials for the Assembly be given to the
Borough Clerk for proper distribution.
He also said he reserves the right to interact with the Assembly.
LAUGMAN handed out a list of ideas he has for discussion
pertaining to the Borough’s Municipal Land Entitlements. He said he would like the Assembly to review
these items and discuss them at a later date.
EXECUTIVE Executive
Session regarding to the 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, SHIELDS
seconded. The ROLL CALL VOTE was
unanimous. The Assembly, the Clerk, and
the Borough Attorney went into Executive Session at 9:14 p.m.
MERCER MOVED to return to the regular meeting at 10:13 p.m.,
and HALL seconded. The VOTE was
unanimous.
ASSEMBLY EVANS said he feels the public process was lacking in
regards
COMMENTS to HB 244. He
said by allowing this ordinance to progress, public comments will be heard.
HALL said this ordinance, as presented, has a very narrow
view!
LAUGMAN commented on HB 244 and the recent scoping meeting.
CASWELL commented on Ordinance 02-11 and the economic
development opportunities it could create.
NEXT MEETING HALL MOVED to change the meeting date to February 5, 2003, and
MERCER seconded. The vote was 1-8,
with HALL in favor.
The
next meeting will be held on February 12, 2003, in Cantwell.
ADJOURN CASWELL declared the meeting adjourned at 10:26 p.m.
Date Approved:
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