City and Borough Assembly

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes City and Borough Assembly Mayor Matthew Hunter Deputy Mayor Bob Potrzuski Vice-Deputy Mayor Steven Eisenbeisz Tristan Guevin, Kevin Knox Aaron Bean, and Aaron Swanson Municipal Administrator: Mark Gorman Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, May 9, 2017 6:00 PM Assembly Chambers WORKSESSION 5:00 PM Cancelled. REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL Deputy Mayor Potrzuski noted the community had faced a huge tragedy over the weekend that had affected many. He asked for a moment of silence. Present: 7 - Swanson, Eisenbeisz, Guevin, Potrzuski, Hunter, Knox, and Bean IV. CORRESPONDENCE/AGENDA CHANGES Mayor Hunter announced the following items were pulled from tonight's agenda and would be discussed at a future meeting: Arbor Day Proclamation, Special Reports, and items A, C, D, F, G, H, I and J. 17-098 Reminders, Calendars and General Correspondence V. CEREMONIAL MATTERS 17-090 Arbor Day Proclamation and Service Award for Debra Pohlman This item was PULLED from the agenda. CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes May 9, 2017 VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Sitka Community Hospital, Municipal Departments, School District, Students and Guests (five minute time limits apply) 17-089 Special Reports: 1) Alaska DOT&PF - Sawmill Creek Road Resurfacing and Pedestrian Improvements, 2) Sitka Comprehensive Plan Update These items were PULLED from the agenda. VII. PERSONS TO BE HEARD Alene Henning asked for enforcement of the law prohibiting cell phone use while driving. VIII. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other None. IX. CONSENT AGENDA A 17-091 Approve the minutes of the April 11, 17, 18, 19, 25, May 1, 2, 9 Assembly meetings This item was PULLED from the agenda. B 17-092 Approve liquor license transfer and controlling interest applications for Baranof Island Brewing Company, LLC dba Baranof Island Brewing Company at a new location, 1209-A Sawmill Creek Road A motion was made by Guevin to APPROVE this Item. The motion PASSED by the following vote. Yes: 7- Swanson, Eisenbeisz, Guevin, Potrzuski, Hunter, Knox, and Bean X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 17-093 Appoint Martha Moses to an unexpired term on the Historic Preservation Commission in the category of "Sitka Tribe of Alaska - alternate seat" This item was PULLED from the agenda. XI. UNFINISHED BUSINESS: D ORD 17-11 Adjusting the FY17 Budget (Fire Department Operations, Crescent Harbor Playground Project, Commercial Passenger Excise Tax) This item was PULLED from the agenda. E ORD 17-12 Authorizing the lease of 1000 square feet of US Survey 3377 Griffith CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes May 9, 2017 Island also known as 725 Siginaka Way A motion was made by Swanson that this Ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Swanson, Eisenbeisz, Guevin, Potrzuski, Hunter, Knox, and Bean XII. NEW BUSINESS: New Business First Reading F ORD 17-13 Adjusting the FY17 Budget (Electric Utility Subsidization) This item was PULLED from the agenda. G ORD 17-14 Amending Sitka General Code Title 20 "Miscellaneous Permit Regulations" by changing the name to "Environmentally Critical Areas" and adding a new Chapter 20.01 entitled "Landslide Area Management" This item was PULLED from the agenda. Additional New Business Items H 17-094 Accept the insurance settlement of approximately $248,000 for the Administration Building at the Gary Paxton Industrial Park This item was PULLED from the agenda. I 17-095 Approve a final subdivision plat for a Planned Unit Development at 1306 Halibut Point Road filed by the Sitka Community Land Trust This item was PULLED from the agenda. J 17-096 Discussion/Direction/Decision on the selection of an Interim Administrator(s) This item was PULLED from the agenda. XIII. PERSONS TO BE HEARD: Acting Administrator Michael Harmon stated thoughts and prayers went out to family and friends affected by the tragic event over the weekend and applauded the Police Department for their work. He reminded the community of counseling services available. XIV. EXECUTIVE SESSION K 17-097 Litigation Update - Dapcevich Lawsuit CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes May 9, 2017 A motion was made by Knox to go into Executive Session, and exclude Acting Administrator Michael Harmon, to receive advice from outside legal counsel, Michael Gatti, regarding legal matters affecting the Municipality as a result of the lawsuit filed by Marko Dapcevich on March 30, 2017. The motion PASSED by the following vote. Yes: 7- Swanson, Eisenbeisz, Guevin, Potrzuski, Hunter, Knox, and Bean The Assembly was in Executive Session from 6:08pm to 6:55pm. A motion was made by Swanson to Reconvene as the Assembly in regular session. The motion PASSED by a unanimous voice vote. A motion was made by Knox that the City and Borough of Sitka shall defend and indemnify Assembly members, the Administrator, GPIP Director, GPIP board members, and employees, current and former, against all costs, expenses, judgements and liabilities, including attorney fees, incurred by or imposed upon that person in connection with the lawsuit in the Superior Court of the State of Alaska in the First Judicial District at Sitka, captioned Marko Dapcevich v. City and Borough of Sitka, et al., Case No. 1SI-17-44 CI, arising from the person's affiliation with the City and Borough of Sitka if the person acted on behalf of the City and Borough of Sitka and within the scope of the person's official duties or powers. The motion PASSED by the following vote. Yes: 6- Swanson, Eisenbeisz, Guevin, Potrzuski, Hunter, and Knox No: 1- Bean XV. ADJOURNMENT A motion was made by Swanson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 6:59pm. ATTEST: ________________________________ Sara Peterson, CMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 4