Minutes of the Public Hearing

Denali Borough Assembly

Tri-Valley Community Center, Healy

December 21, 2001

 

CALL TO ORDER    Presiding Officer Jerry Mueller called the Public Hearing to order at 6:35 pm.

 

ROLL CALL               Assembly members present were: Sid Michaels, Jim Caswell, Teresa Hall, Jerry Mueller, Jim Payne, Gerald Pollock, and Mayor Gonzales.  Absent were Teresa Usibelli, David Talerico, and Carol Shields.

 

ORDINANCES          1.)  An ordinance amending the Borough Charter, Article VIII, Section 8.02, paragraph 3, concerning School Board reapportionment.

 

Dennis Ferrell, Anderson Resident, asked what was going to be on the ballot for the special election.  MUELLER explained the ballot measures.  Ferrell asked if the one man, one vote, at large option was going to be on the ballot.

 

MICHAELS said each one of these items on the ballot could be voted up or down individually.  He stated that each item has to stand on it’s own.

 

CASWELL stated that all of the options on the ballot follow the one man, one vote rule.

 

Steve Ziegman, Healy resident, asked what the exact milepost would be.

 

Eileen Armstrong, School Board member, stated that there is a suggested amendment from the School Board to change the north boundry milepost to 269.

 

John Winklmann, Healy resident, read AS 29.20.300 “…Members of the School Board are elected at large unless a different method of election has been approved by the voters in a regular election.”  He asked if the people of the Borough have ever voted on how the school board will be apportioned.

 

MICHAELS stated that it was voted on when the Charter was voted in.

 

Winklman stated that in Ordinance 91-14 it stated that, “All persons comprising the School Board of the Railbelt REAA existing immediately before the Denali Borough assumes control of the Railbelt REAA shall continue to be members of the School Board until new election are held and the new School Board is sworn in.  An election will be held with School Board seats apportioned by districts following the same apportionment set up for the Assembly.  All seats shall continue with the staggered terms of office of three (3) years.”   He asked again if the people have ever voted it on.

 

MICHAELS stated that in the Charter it provides for School Board composition.

 

David Braun, Healy Resident, stated that the Charter says nothing about School Board composition.

 

MICHAELS said that he does not want to get into an argument.  He also stated that it does say in the Charter the Assembly, by ordinance, will establish how the School Board is to be apportioned.  He stated that the people voted on that when the Charter was approved.

 

Braun asked if the Charter takes precedence over State law which says the members will be elected at large until the voters vote on a change in a regular election.

 

MICHAELS said that you have to be careful when reading State Statutes.  He stated that some Statutes do not apply to all Boroughs and Cities.

 

MUELLER said that he is asking for public comments on this ordinance.

 

Braun said that the Assembly has given us a history lesson.  He asked if it is true that the School Board for sometime was elected at large until this ordinance changed it without a vote of the people.  He stated that if that is not true, he does not understand.

 

MUELLER stated that he is trying to get back to the agenda.

 

Eileen Armstrong, Healy resident, stated that it was at large until the Borough was formed.

 

Braun stated that MICHAELS said himself that the Charter does not specify the make up of the School Board.

 

Ferrell stated the boundary was amended to match where the kids go to school.

 

ADJOURNMENT      MUELLER declared the regular meeting adjourned at 7:01 pm.

 

 

ATTEST:  _________________________          APPROVED:  __________________

 

 

Date Approved:  ____________________