Minutes of the Regular Meeting

Denali Borough Assembly

Cantwell School

June 9, 2002

 

CALL TO ORDER            Presiding Officer Jerry Mueller called the regular meeting to order at 3:00 pm.

 

ROLL CALL               Assembly members present were: Sid Michaels, Jim Caswell, Jerry Mueller, Dave Talerico, Teresa Hall, Jim Payne, Gerald Pollock, Carol Shields, and Mayor Gonzales.  Assembly member Teresa Usibelli was absent due to a family emergency.

 

MUELLER entertained a MOTION to excuse USIBELLI and HALL so moved.  SHIELDS seconded.  The VOTE was unanimous.

 

AGENDA                   MICHAELS MOVED to remove item I. 2.)  Ordinance 02-06, Version A from the agenda as it is in committee, and it cannot be in two places at the same time.   There were no objections voiced for the proposed amendment. 

 

MUELLER entertained a MOTION to approve the agenda as amended.  HALL so moved, and SHIELDS seconded.  There were no objections.

 

PLANNING            1.)  Selection of chair and vice-chair for the planning

COMMISSION            commission was the next item on the agenda.

                                   

                                    MUELLER opened the floor for nominations for Chairman of the Planning Commission.  MICHAELS nominated TALERICO for the chair, and CASWELL seconded.  There were no other nominations.  The VOTE was unanimous with TALERICO abstaining.

 

                                    MUELLER opened the floor for nominations for Vice Chair of the Planning Commission.  HALL nominated PAYNE, but PAYNE declined.

 

                                    MICHAELS nominated CASWELL.  There were no other nominations.  The VOTE was unanimous with CASWELL abstaining.

 

MINUTES                   1.)  May 19, 2002:  Work Session, Public Hearing, and Regular Meeting.

 

                                    HALL MOVED to approve, and MICHAELS seconded. 

 

                                    PAYNE stated that in the work session and public hearing minutes do not reflect that PAYNE and MICHAELS were excused. 

 

                                    The VOTE was unanimous.

 

FINANCIAL            HALL MOVED to receive the April 2002 financial report, and

REPORT                    MICHAELS seconded.  The VOTE was unanimous.

 

MAYOR’S            Mayor Gonzales continued his report that he started during the

REPORT                    work session.  He said he attended a get together to celebrate the completion of two cabins at the Tri Valley School.  He said students at the Tri-Valley School built the cabins for the Park Service.  He said this is a good cooperative program between the Park Service and the Tri Valley School.    

 

                                    Mayor Gonzales said there was a big fire in Anderson on May 25th, and he was called to assist by lending the Borough’s Caterpillar.  He said it’s very important to help others when you can!

 

                                    He said on June 1st the Sportsman’s Club held their annual highway clean up. He said he would present a resolution during the next meeting thanking them for all their hard work. 

 

On June 7th Mayor Gonzales attended the Change of Command ceremony at Clear Air Base.  He said it was a great ceremony.

 

                                    Mayor Gonzales gave a brief report on the Borough Landfill.  He said the Staff and he manage the landfill.  He said the assembly agreed to allow the administration to run the landfill for one more year.  He said we are rather proud about what is going on at the landfill.  He said we have hired a part time bookkeeper, and a gatekeeper/operator.  Mayor Gonzales said through a grant we were able to send our gatekeeper/. operator to heavy equipment training. He said the gatekeeper/operator is doing a great job!

 

He said just recently the contractor from Clear Air Base dropped off construction and demolition waste and the Landfill made $3,500 from them.  Mayor Gonzales said Clear Air Base had finally contacted him regarding the coal ash that is supposed to go into the landfill.  He said originally the Base thought there would not be a cost to dump the ash at the landfill, but there are always administrative costs to putting anything in the landfill.  Mayor Gonzales said the cost to them would be $40 a ton.  He said the Borough would need to build a new cell bit the end of this summer.  He said the next cell should last three and a half to four years. 

 

                                    Mayor Gonzales thanked Denali Borough School District Superintendent Mr. Hagar for his three years of service. With the District.

 

                                    CASWELL asked how may empty cells are located in the landfill.  Mayor Gonzales stated that there are three.

 

                                    PAYNE asked Mayor Gonzales for the paperwork from the EPA that states that it’s all right for our landfill to accept coal ahs.

 

                                    Mayor Gonzales stated that there was an assemblyperson that wanted a budget for landfill.  He said that it is almost impossible to do at this time, so he suggested a report instead.

 

SUPT.                         Superintendent Hagar said the District has an outstanding

REPORT                    relationship with the Park Service.  He stated that the Park Service has supplied them with tools and supplies to complete the two cabins.  He said the students learn everything from framing to plumbing to putting up walls. 

 

                                    Hagar said Steve Castor was instrumental with this project, and he had help from Chip Barker, and Johnny Powell.  He said the Legislature did not fund any of the District’s Projects this year. 

 

Hagar said the only changes that have been made were the addition of a new well for the Cantwell School.  He questioned what the District should apply for one project at a time.  He encouraged the Assembly to keep putting money into the Major School Maintenance Reserve Fund until it reaches an amount the Assembly feels comfortable with. He said the leach fields in Anderson are 23 years old and may need replacing in the near future.  He said when he first arrived in Healy he had been told that the Assembly did not support education.  He said he found out that that statement was incorrect.  He said it has been his sincere pleasure to work with the Assembly and the Mayor for the past three years.

 

                                    PAYNE asked if there had been any threats or intimidation incidents in the district.

 

Hagar stated that there had been three – four students that have made serious threats, and one of those students was transported to Fairbanks and put through the judicial system.  He said when someone makes a serious threat it may bear more exploration.

 

POLLOCK asked if the District could require the student to receive counseling.

 

Hagar said there are programs to address that through the Special Education Program, but the cost is $80 an hour, and is paid for by the District.

 

Hagar said one student was taken to Fairbanks and a ruling took place that allowed the student out one week later.  He said that student had violated an Alaska Statute and he doesn’t understand how that type of violation can be ignored.

 

CASWELL said he asked for a breakdown of the Cantwell project during the last meeting, and has not received it yet.  Hagar said he misunderstood CASWELL during the last meeting and will obtain the backup for all the projects.

 

ASSEMBLY            MICHAELS reiterated the comments of thanks to

COMMENTS            Superintendent Hagar.  CASWELL concurred.

 

                                    CASWELL also thanked the Park Service for their help with moving the large amphitheatre to the church along the Parks Highway.

 

                                    HALL said Clear Air base should be recognized as well for their help with the big building-moving project. 

 

PUBLIC                        There were no public comments.

COMMENTS

 

 

COMMITTEE            1.)  Personnel Committee recommendation regarding Ordinance 02-06, version A.

                                   

                                    HALL reread the Personnel Committee report.

 

ORDINANCES            1.)  Ordinance 02-05, version A, an ordinance amending the Sub Area Land Use Plan for Village View Subdivision.

 

CASWELL stated that he would like to see a fairly good map that has definitive boundaries attached to this ordinance.

 

MICHAELS MOVED to revise the village view sub use plan ordinance by substituting draft B with draft C.  HALL seconded.  The VOTE was unanimous.

 

Discussion of an election date followed.

 

MICHAELS asked if the effective date of the ordinance should be changed.  Discussion followed. 

 

Mayor Gonzales reminded the Assembly that this would not be a Borough-wide election.   

 

MICHAELS said he thinks an election is not required to make a change to the Plan.  

 

Discussion followed and MUELLER called for a recess.

 

RECESS                   MUELLLER called for a recess at 4:02 p.m.

 

RECONVENE            MUELLER called the meeting back to order at 4:20 p.m.

 

The Clerk suggested  “approval by a 60% majority vote at the special election.” be added to the effective date of the ordinance in accordance with Ordinance 96-04.  MUELLER entertained a MOTION to use the verbiage.  MICHAELS so moved, and HALL seconded.  The VOTE was unanimous.

 

CASWELL said he would like to see a good quality map posted for that election that defines the boundary of the Village View Subdivision.   

 

TALERICO MOVED to adopt this ordinance, and PAYNE seconded.  The roll call VOTE was unanimous.

 

2.)  An ordinance amending the Fiscal Year 2003 Budget.

 

Mayor Gonzales explained the proposed changes.

 

MUELLER entertained a MOTION to introduce the ordinance.  CASWELL so moved and SHIELDS seconded.

 

MICHAELS asked if the budget narrative should be changed to reflect these changes.  Minimal discussion followed.

 

The roll call VOTE was unanimous.  This will be Ordinance 02-07, version A.

 

POLLOCK MOVED to amend the amount in the Mayor’s salary line item from $30,000 to $50,000, and SHIELDS seconded. 

 

POLLOCK spoke in favor of the amendment, and said he feels the time is right to make the change.  He said that $50,000 is a good number as someone would be able to support a family for that amount, and not have to have another income.

 

MICHAELS asked where the $20,000 would come from and would it bring the total expense line item up $20,000.  POLLOCK said the total expenses for fiscal year 2003 would be raised by $20,000.

 

The VOTE on the adoption was 5 to 2, with MICHAELS and CASWELL opposed.

 

MUELLER entertained a MOTION to postpone action on this item until the next meeting.  HALL so moved and SHIELDS seconded.  The VOTE was unanimous.

 

3.)  An ordinance creating Title IV, Chapter 27 of the Denali Borough Code of Ordinances providing for classification of Borough-owned lands.

 

TALERICO MOVED to introduce and MICHAELS seconded.  The roll call VOTE was 6-1, with CASWELL opposed.  This will be Ordinance 02-08, version A.

 

CASWELL stated that we have a lot of land in this borough but this is kind of a zoning ordinance.  He stated that borough land is not owned by anybody other than the borough.  He said there is not a definition in here for unrestricted use.

 

PAYNE stated that there needs to be some order in here. 

 

TALERICO said reclassification of lands should also be addressed in this ordinance.  TALERICO, a member of the Land Use Planning Committee, said the committee worked very hard on this ordinance, and tried to make it fit the needs of the Borough. 

 

MUELLER entertained a MOTION to postpone any action on this item until the next meeting.  SHIELDS so moved and PAYNE seconded.  The VOTE was unanimous.

                                   

OTHER                        1.)  Liquor license transfer request for Clear Sky Lodge. BUSINESS                    

HALL MOVED to approve, and TALERICO seconded.  The VOTE was unanimous with SHIELDS abstaining as the owner of the Lodge. 

 

2.)  Discussion regarding setting a date for a joint work session with the School Board.

 

MUELLER said it looks like the two bodies will not be able to get together until August.  MUELLER suggested that the School Board come up with some dates they can make a work session.  Hagar said he would forward that request to the School Board.  MICHAELS suggested holding the work session in Cantwell or Anderson.

 

3.)  Public comments.           

 

Healy resident John Winklmann said four months ago he submitted a formal complaint about the Assembly disseminating misinformation and he has not received any kind of response.  He stated that he also wrote letters to the assembly members in his district regarding a proposed change to the Code that deals with initiative petitions, and has not heard from any of them either.  He asked for the status of his complaints.  MUELLER said the Assembly has reviewed his complaint, and the Assembly postponed a letter of response.

 

Winklmann said that response did not address his complaint. 

 

MUELLER said it’s his personal opinion that the time to contest the election was during the canvass meeting.

 

Winklmann again requested that the Assembly address his complaints.  He also said he assumes that Pollock, the one who proposed the mayor’s salary increase, is not planning to run for mayor.  He said he assumes that Pollock thinks the current Mayor is going to run again.  POLLOCK said he dose not know if the current Mayor is going to run again, and he feels that is not important when discussing this issue.

 

Winklmann said the vote on that was 6 to 2.  He said he knows for sure that two of those Assembly members who voted in favor of the raise are planning to run for mayor in November.  He said he doesn’t think anyone who is running for mayor should be voting for a raise for the mayor.  He said that is wrong! 

 

CASWELL said he voted against the raise.  He said when you sit up here as an Assembly member you have a job to do.  He said if one of the members wants to run for mayor they could do that as well.  He said he does not think it’s inappropriate for them to vote on the raise. 

 

Winklmann said he thinks it’s would be more appropriate if the ones who plan to run for mayor abstain from the vote on the mayor’s salary. 

 

CASWELL said the Assembly is really not allowed to abstain from voting. He said that SHILEDS declared a conflict of interest because she could benefit financially from the vote.

 

Winklmann said he thinks those members should be able to abstain the same way that Shields did. 

 

Anchorage resident Nancy Bale said the Legislature votes on their own salaries.

 

HALL said no one has filed candidacy papers to run for mayor yet. 

 

Winklmann said POLLOCK said he wanted to keep politics out of the vote on the salary raise so the perception would not be that the Assembly is buying the mayor off to get him or her to do what the Assembly wants.  He said if they really want to keep the politics out of it, then they should do another way.  He said it just seems not right to him. 

 

POLLOCK said what he is really saying is that according to our Charter this has to be done before the next election during which the seat of mayor is voted on. 

 

ASSEMBLY            CASWELL said that POLLOCK did not mean anything bad

COMMENTS            about buying the mayor.  He said the mayor is not for sale!  He said the Assembly did vote in a bonus for him once.  CASWELL said the Assembly has worked him very hard!   

 

                                    TALERICO apologized to Winklmann for not getting back to him sooner regarding a change to the Code pertaining to the initiative petition process.  He has been researching how other boroughs handle the process.    

 

NEXT MEETING            The next Assembly meeting will be held on July 14, 2002 at the Anderson School.

 

ADJOURNMENT            MUELLER declared the regular meeting adjourned at 4:57 pm.

 

 

ATTEST:  _________________________            APPROVED:  __________________

 

 

Date Approved:  ____________________