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.

 

AGENDA                   SHELTON MOVED to let David Braun speak during Communication and Appearances to discuss HB 244, and EVANS seconded.

 

                                    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.

 

                                   

                                   

 

 

ATTEST:  _________________________          APPROVED:  __________________

 

 

Date Approved:  ________________