Minutes of the Regular Meeting
Denali Borough
Assembly
Cantwell School
October 8, 2003
CALL TO ORDER Presiding Officer Jim Caswell called the regular meeting to order at 7: 00 pm.
ROLL CALL Assembly members present were: Jim Caswell, Sidney Michaels, Bob
Shelton, Neal Laugman, David Evans, Gerald Pollock, and Baxter Mercer. Cynthia Trytko and Teresa Hall were
excused. Mayor David Talerico was also
present.
PUBLIC
COMMENTS Diane Chung, spoke on behalf of the Denali National Park Service by stating, “we wanted to express that we are very appreciative and supportive of the work the Denali Borough has put into the Northern Access Reconnaissance Study and appreciate and compliment you on the open and objective process by providing opportunity for the public to be involved in the process. We also value the working relationship on behalf of the Denali Borough and will continue to work with you and share any information we get on the Northern Access Facilities Study.”
LAUGMAN tendered his resignation for Assembly, Seat G. MICHAELS MOVED to accept POLLOCK seconded. The roll call VOTE was unanimous.
AGENDA CASWELL stated that there was a request to add a discussion regarding Roberts Rules. MICHAELS stated that under Other Business, Item 4, he would like to add 4A, Appointment of the Canvass Committee and 4B, a Roberts Rules discussion.
MERCER MOVED to remove the time of adjournment. MICHAELS seconded. SHELTON MOVED to amend to adjourn at 11:00 PM. MICHAELS seconded. The vote was 2-4 with EVANS, POLLOCK, CASWELL, MICHAELS opposed. The MOTION fails.
The VOTE to approve the agenda with additions was 5-1 with MICHAELS opposed. The MOTION passes.
MINUTES 1.) Assembly Meeting: Work Session, Public Hearing, Regular Meeting held on September 10, 2003.
The Minutes were approved by unanimous consent as presented.
MAYOR’S Mayor Talerico gave a brief report of his activities for the last
REPORT month.
During the second week of September, Eileen Armstrong, Denali Borough Landfill Bookkeeper, and Eddie Nickelsen, Borough Landfill Gatekeeper and Equipment Operator, attended Solid Waste Association of North America (SWANA) training in Anchorage. This is an in depth training on landfill operations and landfill safety.
On September 29, Jerry Rafson and Dave Bloom from the Department of Transportation, came down to meet with the Borough regarding Northern Access Reconnaissance Study (NARS). He stated that they are working on a Memorandum of Understanding. He stated that the request that they made was not a proper request. He stated that the auditor has had some questions with what has happened in the past. Mayor Talerico stated that we have to have a part in this. He stated that we still have an open channel with them.
On September 30, Mayor Talerico, Gail Pieknik – Borough Clerk/Treasurer, and Amanda Nyberg – Administrative Clerk/Treasurer went to Fairbanks and met with the Borough Accountant and the Borough Investment Advisor at Morgan Stanley. The Borough Investment Advisor suggested that it is time to sell the GNMA stocks and roll them into other investments.
CASWELL asked if this should go to the Finance Committee first. Mayor Talerico explained that it was the Committee that requested we investigate this and take action.
Mayor Talerico thanked CLI Construction of Cantwell, for a job well done hauling the gravel to the Borough Landfill and cleaning the Borough Gravel Site.
The Mayor reported that the Fire Department would receive a grant from Homeland Security in the amount of $159,000.00.
The State of Alaska, Department of Community and Economic Development (DCED) has submitted a report to the Borough for the full value of real and taxable property within the Borough. The amount came to $159,351,900.00. This amount has gone up $6,528,300.00 from the previous year.
FINANCIAL MERCER MOVED to receive the September 2003 financial report,
REPORT EVANS seconded. The VOTE was unanimous.
DBSD SUPT. Superintendent Bob Wicker gave a written report and verbal report.
REPORT
ASSEMBLY CASWELL stated that he felt there was a little glitch in the
COMMENTS Assembly agenda and how things are done and when we have Assembly comments typically it is just Assembly comments, are just that, an observation. But, sometimes the Assembly must make a MOTION to take care of business during the Comment period, such as taking care of the Mayors recommendation on a financial issue. CASWELL MOVED to accept the Mayors recommendation on his financial matter and MERCER seconded. He stated its a little gray area but we have done this in the past. The vote 5 to 1 with MICHAELS opposed.
The Mayor asked to be excused for the rest of the meeting to attend the Homeland Security meeting in Anchorage.
RECESS The Assembly recessed at 8:10 PM.
RECONVENED The Chairman called the meeting back to order at 8:20 PM.
ORDINANCES 1.) Ordinance 03-03, Version B,
an ordinance amending the Denali Borough Code of Ordinances, Chapter 21,
pertaining to severance tax.
EVANS MOVED to amend the ordinance to delete “and sold” out of the
definitions, plus putting back 4 A & 4B, and to add “and all delinquent
severance taxes are paid in full.” MERCER seconded.
MICHAELS called for division of the question. EVANS seconded. The VOTE
was 4-2 with SHELTON and POLLOCK opposed. Motion passed.
EVANS MOVED to amend by deleting “and Sold” in the definitions, Item
A. MERCER seconded. The VOTE was unanimous.
EVANS MOVED to put Back Item B in Section 4 as it originally was, to
take out all of the bracketed items and add after the word application, “and
all delinquent severance taxes are paid in full.” MERCER seconded. The vote
was 4-2 with MICHAELS & CASWELL opposed. The MOTION passes.
EVANS MOVED to amend Section 5 by adding a new Section as follows:
Section 5. Exemptions
A.) All projects for the Denali Borough where
the Denali Borough provides the severed resources being used.
B.) Single extraction events from civil
excavations under 1000 cubic yards that are utilized on site.
MERCER seconded The VOTE was unanimous.
EVANS MOVED to amended Section 4 in entirety to the original wording
except we are going to add, “and all delinquent taxes are paid in full.” MERCER seconded. The vote was 3 to 3 with CASWELL, MICHAELS, and MERCER
opposed. The MOTION fails.
MICHAELS MOVED to amend Page 1, Chapter one delete “Classification” and
renumber. Also delete # 11. To delete
Section one and the last page, “effective date” and Section 3 of the ordinance
rather than Chapter one. SHELTON
seconded . The VOTE was unanimous.
MERCER MOVED to change the penalty in both places in the ordinance from
$1,000. to “up to $10,000.” POLLOCK
seconded. The vote was 4 to 2 with
CASWELL and MICHAELS opposed. The
MOTION passes.
MICHAELS MOVED to postpone further action until the next meeting and
EVANS seconded . The MOTION passes.
2.) Ordinance 03-08, Version C, an ordinance amending the Denali Borough
Code of Ordinances, Title IV, Chapter 24, titled Management of Borough Real
Property.
MICHAELS MOVED to postpone discussion until the next meeting. MERCER seconded. The VOTE was unanimous.
EVANS MOVED to suspend the rules to extend the time of adjournment to
10:00 PM. MERCER seconded. The vote was
5 to 1 with MICHAELS opposed. MOTION passes.
3.) Ordinance 03-12, Version A,
an ordinance amending the Code by addition of Title 5, Chapter 36, titled a
Code of Ethics for the Denali Borough Mayor, Assembly and Borough employees.
MICHAELS
MOVED to postpone items # 3, 4, 5, 6 & 7 until the next meeting POLLOCK
seconded. The VOTE was unanimous.
MICHAELS
amended his MOTION by taking out item 4.
POLLOCK seconded. The vote was
unanimous.
4.) Ordinance 03-13, Version A, an ordinance
amending the Code by the addition of Title 5, Chapter 37, creating an Ethics
Commission.
MERCER
MOVED to adopt ordinance 03-13. EVANS
seconded. The vote was 4 to 2 with
CASWELL and MICHAELS opposed. MOTION fails.
5.) Ordinance 03-14, Version A, an ordinance
amending the Code by the addition of Title 5, Chapter 38, creating the Denali
Borough Ethics Commission Policies and Procedures.
6.) Ordinance 03-15, Version A, an ordinance
amending the Code, Appendix of Forms P, Q, R, S, T, U, and V, pertaining the
Code of Ethics.
7.) Ordinance 02-06, Version A, an ordinance
providing for an ethics commission and providing for disposal of alleged
violations.
8.) 03-17, an ordinance establishing land use
regulations to conform to requirements of the National Flood Insurance Program
and provide for an effective date.
MICHAELS MOVED to postpone to the next meeting. MERCER seconded . The VOTE was unanimous.
9.) 03-18, an ordinance of the Denali Borough amending the
Denali Borough budget for Fiscal Year 2004.
MERCER MOVED to postpone to the next meeting. MICHAELS seconded. The
VOTE was unanimous.
10.)An
ordinance amending the Charter of the Denali Borough Home Rule Borough, Article
V, Section 5.01, pertaining to Election Day.
Discussion ensued.
MICHAELS MOVED to postpone to the next meeting. EVANS seconded. The VOTE
was unanimous.
RESOLUTIONS 1.) A resolution of the Denali Borough Assembly concerning participation in the National Flood Insurance Program.
POLLOCK MOVED to postpone until the next meeting. MICHAELS seconded. The VOTE was unanimous.
OTHER 1.) Mayor’s Annual Work Plan
BUSINESS
It was under general consensus to postpone to the next meeting.
2.) Discussion regarding the Northern Access Reconnaissance Study. (NARS)
It was under general consensus to postpone to the next meeting.
3.) Liquor License renewal request : Lazy J Cabins – License # 3822, Owner: Mary Ann Leuty, Location: Parks Highway, Cantwell, Alaska.
MERCER MOVED to take no action and POLLOCK seconded. The VOTE was unanimous.
4.) Approval of Election Board for the November Election.
The list was amended to add Sheryl Buron and delete Traci Chepoda. MICHAELS MOVED to approve with the amendment. MERCER seconded. The VOTE was unanimous.
A.) Appointment of Canvas Committee
MICHAELS MOVED to appoint the Assembly members as the Canvass Committee. MERCER seconded. The VOTE was unanimous.
B.) Roberts Rules Training.
The Assembly asked that the Clerk contact Irene Catalone and see if she can schedule a Roberts Rules training session to be held in Anderson.
5.) Public Comments.
Gordon Carlson, Cantwell, had a question about the Severance Tax ordinance and asked if a contractor received a permit from the Borough, would it be a permit that is applicable for mining Borough wide or to a specific pit as opposed to receiving a registration to mine within the whole Borough?
Nancy Bale, Denali Citizens Council, has followed the Northern Access Reconnaissance Study (NARS) and hopes that Memorandum of Understanding (MOU) will be public and that the Denali Borough will maintain involvement.
ASSEMBLY
COMMENTS MICHAELS stated that he believes the Department of Transportation (DOT) will take away NARS and the Borough is doing everything to keep involved in the study.
SHELTON thanked everyone for coming and would like to see the Patriot Act come back on the next Assembly agenda.
EVANS stated that DOT taking back NARS could take liability off the Borough and at the same time keep a Borough employee looking after things.
CASWELL shared his concern about DOT and NARS because DOT looks after roads and only roads and that is a concern. CASWELL also mentioned The Patriot Act by claiming the Act is contentious and would he would not like it to appear on the agenda, but it is up to the Assembly. CASWELL asked the Assembly to show consensus to see if the Patriot Act Resolution should be placed on the next agenda. The Assembly members preferred to have it on the next agenda. CASWELL asked to have it placed on the next meeting agenda.
NEXT MEETING The next regular meeting will be held in Anderson on November 19, 2003.
The Canvass Committee meeting will be held on November 7, 2003 at 6:00 PM in Healy.
A special meeting to certify the Election results on November 7, 2003 following the Canvass Committee meeting.
ADJOURN. Presiding officer Jim Caswell declared the regular meeting adjourned at 9:27pm.
Date Approved: