City and Borough Assembly
Regular MeetingSitka, AK · February 25, 2014
Minutes
ASSEMBLY CHAMBERS
CITY AND BOROUGH OF SITKA 330 Harbor Drive
Sitka, AK
(907)747-1811
Minutes - Final
City and Borough Assembly
Mayor Mim McConnell
Deputy Mayor Matt Hunter
Vice-Deputy Mayor Phyllis Hackett, Pete Esquiro, Mike Reif,
Benjamin Miyasato and Aaron Swanson
Municipal Administrator: Mark Gorman
Municipal Attorney: Robin L. Koutchak
Municipal Clerk: Colleen Ingman, MMC
Tuesday, February 25, 2014 6:00 PM Assembly Chambers
WORKSESSION MEETING
14-044 Worksession with the Sitka Convention and Visitor's Bureau Board
Sitka Convention and Visitor's Bureau Director Tonia Rioux and Board members
Mary Stensvold, Evy Kinnear, Ronald Hauck, Tad Kisaka and Angela McGraw offered
an update to the Assembly.
REGULAR MEETING
I. CALL TO ORDER
II. FLAG SALUTE
III. ROLL CALL
Present: 5 - McConnell, Hunter, Esquiro, Reif, and Swanson
Absent: 2 - Hackett, and Miyasato
IV. CORRESPONDENCE/AGENDA CHANGES
14-045 Correspondence - Reminders
V. CEREMONIAL MATTERS
None.
VI. SPECIAL REPORTS: Government to Government, Municipal
Boards/Commissions/Committees, Municipal Departments, School District, Students
and Guests (time limits apply)
Sitka High School - Student Council President, Owen Fulton, updated the Assembly
along with other council members on events at SHS.
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City and Borough Assembly Minutes - Final February 25, 2014
Attorney Michael Gatti clarified he was attending by phone to talk about the question
of whether automatic referendums were problematic to cities and municipalities that
have adopted them. He stated for CBS to come into compliance with the State
Constitution, the ordinances related to voter ratification of land sales and leases
would need to be changed. Reif noted that perhaps what CBS had on its books may
need to be rectified or let other communities make the change first? Hunter
mentioned under the State Constitution and State Statutes right of allocation goes to
the Assembly. For him it was a conflict and he would like to learn more.
Representative Jonathan Kreiss-Tomkins spoke to the unfunded liability for
PERS/TERS. Governor Parnell approved a $3 Billion cash infusion into the fund. The
issue received support from democrats, but not so much with republicans. Whatever
the State did would have ramifications for both the municipality and school district.
With regard to the Base Student Allocation (BSA) for FY15 he projected an increase
to $85/student. Mentioned the invasive species and a mooring buoy that blew away in
Whiting Harbor, adding that both buoys had washed away.
VII. PERSONS TO BE HEARD
None.
VIII. REPORTS
a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other
Mayor - Attended Drama Debate and Forensics, Elizabeth Peratrovich Parade, AML
Mayor's and Legislative Conference and Russian Orthodox Banquet.
Administrator - Accompanied the Mayor to Juneau. If approved, the local purchasing
ordinance would be implemented within the month. Gorman noted he would be
participating in a Town Hall Meeting "Making our Money Work Better in Sitka" where
former administrator's Gary Paxton, John Stein, Hugh Bevan and himself would
serve on the panel. He had received the first draft of the 2015 Budget. Attended the
School Board meeting and learned their budget gap was just under $1.6 Million.
Clerk - Ingman mentioned staff was looking to see if there was anyone on the
Assembly interested in serving on the Solid Waste Advisory Committee . Hackett,
later communicated that she may be able to serve in this capacity.
Other - Reif noted Pacific High School co-principal expressed appreciation to the
Assembly and community at the recent open house for making the project a reality.
IX. CONSENT AGENDA
A 14-037 Approve the minutes of the January 28 and February 11, 2014 Assembly
meetings
This item was APPROVED on the Consent Agenda.
B 14-038 Appointments: Reappoint 1) James Poulson to a term on the Historic
Preservation Commission; and 2) Angela McGraw to a term on the SItka
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City and Borough Assembly Minutes - Final February 25, 2014
Convention and Visitor's Bureau
This item was APPROVED on the Consent Agenda.
C 14-040 Adopt the Finance Director's interpretation of a sales tax and hotel, motel,
bed and breakfast transient room tax exemption as it applies to bulk rental
lodging and youth summer camp
This item was APPROVED on the Consent Agenda.
E ORD 14-04 Authorizing renewal of sublease of space by Nugget Restaurant at the
Sitka Rocky Gutierrez Airport Terminal Building
This item was APPROVED on the Consent Agenda.
D ORD 14-03A Amending Sitka General Code Sections 3.16.030 entitled "Open Market
Procedures", 3.16.060 entitled "Exceptions to Competitive Bidding
Requirements", and adding Section 3.16.080 entitled "Procurement
Monitoring"
Reif thanked everyone who brought this forward.
A motion was made by Reif to approve this ordinance on third and final
reading. The motion PASSED by the following vote.
Yes: 5- McConnell, Hunter, Esquiro, Reif, and Swanson
X. UNFINISHED BUSINESS:
F ORD 14-02 Amending Sitka General Code at Chapter 9.20 entitled "Smoking in Public
Places and Places of Employment" to modify Section 9.20.035 regarding
prohibition of children in places where smoking is permitted
Health Needs and Human Services Commission members Dr. Paul Bahna and Dr.
Myron Fribush gave a presentation on the affects of third -hand smoke.They
announced the ordinance was endorsed by the Health Needs and Human Services
Commission. The Municipal Attorney inquired if the presentation was done by the
comission as a whole? Bahna responded that he prepared the presentation. She
voiced concern with the mention of child abuse in the presentation suggesting that
reference could be problematic especially if coming from the Commission and
cautioned the members on using it.
Some Assembly members viewed the issue as a clarification of the vote back in
2005, other members felt it was more complicated than that and told people what
they could and could not do with their children. Both Hunter and Esquiro expressed
concern in this area.
A few audience members spoke in favor of the ordinance and one read a prepared
statement from former Assembly member Al Duncan supporting the clarifying
language.
The motion to approve the ordinance had previously been postponed until the
Health Needs and Human Services Commission could review and report back
to the Assembly.
Jay Stelzenmuller stated this item deserved to be voted on by a full Assembly and not
just five members. Mayor and other members concurred with his observation.
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City and Borough Assembly Minutes - Final February 25, 2014
A motion was made by Reif to postpone until a full Assembly was present. The
motion PASSED by the following vote.
Yes: 5- McConnell, Hunter, Esquiro, Reif, and Swanson
Absent: 2- Hackett, and Miyasato
XI. NEW BUSINESS:
New Business First Reading
G RES 14-02 Approving CBS to apply for an Alaska Department of Environmental
Conservation Loan to finance the construction of a temporary Water
Filtration Plant at Indian River - up to $4.32 M
Reif had questions for Public Works Director, Michael Harmon, and Utility Director,
Chris Brewton. Harmon reported it would cost $1.2 to rent filtration units. Brewton
added there would not be a mandatory inspection every five years.
A motion was made by Reif to approve Resolution 2014-02 on first and final
reading. The motion PASSED by the following vote.
Yes: 5- McConnell, Hunter, Esquiro, Reif, and Swanson
Absent: 2- Hackett, and Miyasato
Additional New Business Items
H 14-041 Authorize a Change Item 68 to Barnard Construction $1,880,050 and
approve additional funding for the Blue Lake Expansion Project -
$2,758,214
Esquiro asked if this was changing the total cost of the project. Administrator Gorman
answered, "Yes" by $2.5 million bringing the project to $145 million. Utility Director,
Chris Brewton mentioned initially the place holder of $2 million was the best guess
and we were absorbing the real cost now. Brewton praised Generation Engineer,
Dean Orbison, on the masterful job he was doing. Esquiro inquired if Indian River as
a water source was going to be enough to get us through. Harmon reassured that
there was work being done to make sure we had enough water while Blue Lake was
offline.
A motion was made by Hunter that this Item be APPROVED. The motion
PASSED by the following vote.
Yes: 5- McConnell, Hunter, Esquiro, Reif, and Swanson
Absent: 2- Hackett, and Miyasato
I 14-042 Authorize issuance of a Notice of Award to ASRC McGraw Constructors
LLC, clarify and confirm final price and enter into an Agreement for
Contract No. 8 the Reservoir Debris Management for Blue Lake
Expansion Project and obligate project funds - $2,383,714
A motion was made by Hunter that this Item be APPROVED. The motion
PASSED by the following vote.
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City and Borough Assembly Minutes - Final February 25, 2014
Yes: 5- McConnell, Hunter, Esquiro, Reif, and Swanson
Absent: 2- Hackett, and Miyasato
J 14-039 Authorize advertising for a Request for Qualifications by the City and
Borough of Sitka for a General Fund Comprehensive Management Plan
Administrator Gorman noted he had been in contact with one potential contractor
who indicated this scope of work could be achieved for around $50,000. He stated he
was very sensitive to spending the tax payers money responsibly.
Reif stated he was planning not to vote for this as he felt much of the information
existed already and could be done in-house. Esquiro was not optimistic enough
information would be gained from this study. He stated there was not a need for
someone else to regurgitate the same story.
Mayor McConnell viewed this as a positive direction to address some of our needs,
getting a handle on the general fund. She felt it was too much work to put on existing
staff. Hunter spoke in support especially after the strategic planning session. Gorman
added if the amount was amortized over a ten year period the plan would pay for
itself. Finance Director, Jay Sweeney, stated payment for the plan could come from
the Southeast Economic Development fund or an appropriation could be made from
the General Fund. Sweeney's recommendation was that it should come from the
governmental portion of SEDA Loan.
This item was APPROVED on the following vote.
Yes: 4- McConnell, Hunter, Reif, and Swanson
No: 1- Esquiro
Absent: 2- Hackett, and Miyasato
K 14-043 Discussion on Long Range Budgeting
Finance Director, Jay Sweeney spoke to Long Range Budgeting looking at a ten year
period. This developed from discussions with a number of Assembly members .
Sweeney noted budgeting for one year was insufficient and would like to project ten
years out.
It was recommended to give the Finance Department a year to put the information
together and the information would be a companion document to the annual budget.
Sweeney confirmed the work would be done in-house.
XII. PERSONS TO BE HEARD:
Utility Director, Chris Brewton, reported the City had a 72% chance of making the
next project milestone timely. He noted the solar turbine was on its way to Sitka.
XIII. EXECUTIVE SESSION
XIV. ADJOURNMENT
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City and Borough Assembly Minutes - Final February 25, 2014
A motion was made by Hunter that the meeting be ADJOURNED. The motion
PASSED by a unanimous voice vote and the meeting ADJOURNED at 8:30pm.
Attest: ___________________________________
Colleen Ingman, MMC
Municipal Clerk
CITY AND BOROUGH OF SITKA Page 6
Agenda
ASSEMBLY CHAMBERS
CITY AND BOROUGH OF SITKA 330 Harbor Drive
Sitka, AK
(907)747-1811
Meeting Agenda
City and Borough Assembly
Mayor Mim McConnell
Deputy Mayor Matt Hunter
Vice-Deputy Mayor Phyllis Hackett, Pete Esquiro, Mike Reif,
Benjamin Miyasato and Aaron Swanson
Municipal Administrator: Mark Gorman
Municipal Attorney: Robin L. Koutchak
Municipal Clerk: Colleen Ingman, MMC
Tuesday, February 25, 2014 6:00 PM Assembly Chambers
WORKSESSION MEETING
Sitka Convention and Visitor's Bureau 5:00 - 5:50 PM
14-044 Worksession with the Sitka Convention and Visitor's Bureau Board
Attachments: Worksession 2-25
REGULAR MEETING
I. CALL TO ORDER
II. FLAG SALUTE
III. ROLL CALL
IV. CORRESPONDENCE/AGENDA CHANGES
14-045 Correspondence - Reminders
Attachments: Reminders
V. CEREMONIAL MATTERS
None scheduled.
VI. SPECIAL REPORTS: Government to Government, Municipal
Boards/Commissions/Committees, Municipal Departments, School District, Students
and Guests (time limits apply)
1) Legal analysis of automatic referendums - Atty. Mike Gatti (10 minutes)
VII. PERSONS TO BE HEARD
Public participation on any item off the agenda. Not to exceed 3 minutes for any
individual.
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City and Borough Assembly Meeting Agenda February 25, 2014
VIII. REPORTS
a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other
IX. CONSENT AGENDA
All matters under Item IX Consent Agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of these items. If
discussion is desired, that item will be removed from the Consent Agenda and will be
considered separately.
A 14-037 Approve the minutes of the January 28 and February 11, 2014
Assembly meetings
Attachments: Minutes 1-28; 2-11
B 14-038 Appointments: Reappoint 1) James Poulson to a term on the Historic
Preservation Commission; and 2) Angela McGraw to a term on the SItka
Convention and Visitor's Bureau
Attachments: Appointments 2-25
C 14-040 Adopt the Finance Director's interpretation of a sales tax and hotel,
motel, bed and breakfast transient room tax exemption as it applies to
bulk rental lodging and youth summer camp
Attachments: Finance Dir Interpretation Youth Camp
D ORD 14-03A Amending Sitka General Code Sections 3.16.030 entitled "Open Market
Procedures", 3.16.060 entitled "Exceptions to Competitive Bidding
Requirements", and adding Section 3.16.080 entitled "Procurement
Monitoring"
Attachments: Cover ORD 2014-03A Final
Ordinance 2014-03A
Third and final reading
E ORD 14-04 Authorizing renewal of sublease of space by Nugget Restaurant at the
Sitka Rocky Gutierrez Airport Terminal Building
Attachments: Cover ORD 2014-04 2nd
Ordinance 2014-04
Second and Final reading
X. UNFINISHED BUSINESS:
F ORD 14-02 Amending Sitka General Code at Chapter 9.20 entitled "Smoking in
Public Places and Places of Employment" to modify Section 9.20.035
regarding prohibition of children in places where smoking is permitted
CITY AND BOROUGH OF SITKA Page 2 Printed on 2/20/2014
City and Borough Assembly Meeting Agenda February 25, 2014
Attachments: Cover ORD-02
Ord 14-02
Third hand smoke studies-2
TobaccoFree_Tribal_Resolution_FINAL SAMPLE
XI. NEW BUSINESS:
New Business First Reading
G RES 14-02 Approving CBS to apply for an Alaska Department of Environmental
Conservation Loan to finance the construction of a temporary Water
Filtration Plant at Indian River - up to $4.32 M
Attachments: RES 14-02
First and final reading loan application
Additional New Business Items
H 14-041 Authorize a Change Item 68 to Barnard Construction $1,880,050 and
approve additional funding for the Blue Lake Expansion Project -
$2,758,214
Attachments: Change Item 68
I 14-042 Authorize issuance of a Notice of Award to ASRC McGraw Constructors
LLC, clarify and confirm final price and enter into an Agreement for
Contract No. 8 the Reservoir Debris Management for Blue Lake
Expansion Project and obligate project funds - $2,383,714
Attachments: Contract No. 8 Reservoir Debris
J 14-039 Authorize advertising for a Request for Qualifications by the City and
Borough of Sitka for a General Fund Comprehensive Management Plan
Attachments: RFQ GF Comprehensive Management Plan
K 14-043 Discussion on Long Range Budgeting
Attachments: Cover sheet Long Range Budgeting
Long Range Budgeting
XII. PERSONS TO BE HEARD:
Public participation on any item on or off the agenda. Not to exceed 3 minutes for any
individual.
XIII. EXECUTIVE SESSION
None anticipated.
XIV. ADJOURNMENT
Colleen Ingman, MMC
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City and Borough Assembly Meeting Agenda February 25, 2014
Municipal Clerk
Publish: 2-21-14
CITY AND BOROUGH OF SITKA Page 4 Printed on 2/20/2014
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