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City and Borough Assembly

Regular Meeting

Sitka, AK · January 9, 2018

AgendaMinutes

Minutes

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes - Final City and Borough Assembly Mayor Matthew Hunter Deputy Mayor Steven Eisenbeisz, Vice Deputy Mayor Bob Potrzuski, Aaron Bean, Kevin Knox, Dr. Richard Wein, Benjamin Miyasato Municipal Administrator: Keith Brady Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, January 9, 2018 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL Present: 6 - Miyasato, Potrzuski, Hunter, Knox, Bean, and Wein Absent: 1 - Eisenbeisz IV. CORRESPONDENCE/AGENDA CHANGES No changes. 18-005 Reminders, Calendars and General Correspondence V. CEREMONIAL MATTERS None. VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Sitka Community Hospital, Municipal Departments, School District, Students and Guests (five minute time limit) Doug Osborne, Cheri Hample, Loyd Platson, and Amanda Roberts spoke in support of the Tobacco 21 initiative. Richard Wein, speaking as a member of the public, believed it was important for Sitka Community Hospital to be present at the Assembly meeting to provide reports on a regular basis. CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final January 9, 2018 18-002 The Rand Corporation - Katie Whipkey Katie Whipkey, Ryan Brown, and Rob Lempert of the Rand Corporation told of their collaborative efforts with Sitka Sound Science Center, the City and Borough of Sitka, and other partners. They explained the research team had been awarded a planning grant from the National Science Foundation with the hopes of using it to determine the best solution for landslide forecasting and warning. As a follow up, Tori O'Connell Curran of the Sitka Science Center, announced a final report for the Sitka Geo Task Force would be forthcoming in the next month and spoke in support of the work of the Rand Corporation. VII. PERSONS TO BE HEARD None. VIII. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Administrator - Brady thanked the Public Works crew for their quick snow removal response, provided an update on the O'Connell Lightering Facility repairs, announced Harrigan Centennial Hall had a record breaking year for the number of meetings held and revenue generated in 2017, and reported the Finance Department was concluding their work on the FY17 Comprehensive Annual Financial Report. Liaison Representatives - Miyasato attended the Police and Fire Commission meeting and Bean reported on the Historic Preservation Commission and Port and Harbors Commission meetings. Clerk - Peterson reminded the Assembly of a joint budget work session with the School Board scheduled for January 17. Other - Knox told of the youth resource coalition meeting group he had attended. He stated the group was looking into conducting assessments on housing in safe spaces for youth. IX. CONSENT AGENDA A motion was made by Miyasato that the Consent Agenda consisting of items A & B be APPROVED. The motion PASSED by the following vote. Yes: 6- Miyasato, Potrzuski, Hunter, Knox, Bean, and Wein Absent: 1- Eisenbeisz A 18-003 Approve the minutes of the December 26 Assembly meeting This item was APPROVED ON THE CONSENT AGENDA. CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final January 9, 2018 B 18-004 Liquor license applications: 1) Approve a liquor license renewal for Ludvig's Bistro Inc. dba Ludvig's Bistro at 256 Katlian Street, 2) Approve a liquor license renewal for Alejandro Vazquez dba Agave Mexican Restaurant at 236 Lincoln Street Suite 107, and, 3) Approve a liquor license renewal for Sitka Jet Center, Inc. dba Sitka Hotel at 118 Lincoln Street This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 18-006 Appoint Cindy Litman to an unexpired term on the Library Commission Miyasato thanked Litman for her willingness to serve. A motion was made by Knox that this Item be APPROVED. The motion PASSED by the following vote. Yes: 6- Miyasato, Potrzuski, Hunter, Knox, Bean, and Wein Absent: 1- Eisenbeisz XI. UNFINISHED BUSINESS: None. XII. NEW BUSINESS: D RES 18-01 Adopting an alternative allocation method for the FY18 Shared Fisheries Business Tax Program and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in FMA 18: Central Southeast Area Chief Finance and Administrative Officer, Jay Sweeney, clarified the total amount of funding available and explained the alternative application method. A motion was made by Potrzuski that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Miyasato, Potrzuski, Hunter, Knox, Bean, and Wein Absent: 1- Eisenbeisz E RES 18-02 Supporting the Sitka Tribe of Alaska and the 2018 Board of Fisheries discussion on subsistence herring egg harvest in Sitka Sound Public Testimony Speaking in support of the resolution were: Harvey Kitka, Louise Brady, Chandler O'Connell, John Young, Jeff Feldpausch, Matthew Jackson, Maia Mares, Jacqueline Cedar, Kyle Rosendale, Maggie Gallin, Randy Hughey, David Kreiss-Tomkins, Lillian Feldpausch, Keith Nyitray, Alsa Sebastian, Alaire Hughey, Chohla Moll, Heather Bauscher, Larry Edwards, and Lisa Gassman. CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final January 9, 2018 Those individuals speaking in opposition were: Tim Ryan, Wayne Unger, Chelsea Gloucher, Rich Riggs, Dale Bartels, and Carlos Schwantes. Assembly Deliberation - amendment Potrzuski offered an amendment striking multiple lines of the resolution. He believed the Assembly was being asked to choose between user groups. Wein voiced opposition of the amendment and stated the discussion needed to occur at the Assembly level. Bean spoke in opposition and felt there was compromise in the resolution. Miyasato stressed the importance of supporting the government relationship with Sitka Tribe of Alaska. He believed the amendments would diminish the resolution. Hunter stated the resolution made a judgement on Alaska Department of Fish & Game's fishery management. He stated he did not have the science background to make statements as to how the fishery should be managed. Speaking in opposition to the amendment from the public were: Harvey Young, Tammy Young, and Larry Edwards. A motion was made by Potrzuski that this Resolution be AMENDED by striking lines 21-24, 42-51, and 52-55. Lines 21-24: "WHEREAS, the effects of changing ocean conditions brought about by climate change and the significant increase in the humpback whale population on herring stocks are not fully understood nor adequately addressed in the management of the Sitka Sound herring stock; and" Lines 42-51: "WHEREAS, the AC unanimously supported an amended version of Board of Fisheries Proposal 99 to change the Sitka Guideline Harvest Level (GHL) Rate, and the Sitka Tribe of Alaska finds this a reasonable compromise; and WHEREAS, the Sitka Tribe of Alaska’s 2018 Board of Fisheries proposal 106 would close waters adjacent to the core subsistence herring egg harvest area and contiguous with existing waters that are closed to commercial herring fishing for the purposes of establishing a herring conservation zone and protecting the subsistence herring egg harvest; and" Lines 52-55: "WHEREAS, the Sitka Tribe of Alaska opposes 2018 Board of Fisheries Proposals 94 and 104 that are aimed at rescinding existing regulations, which are in place to protect the subsistence harvest of herring eggs in Sitka Sound and to provide a reasonable opportunity for the amount necessary for subsistence to be met." The amendment FAILED by the following vote. Yes: 2- Potrzuski, and Hunter No: 4- Miyasato, Knox, Bean, and Wein Absent: 1- Eisenbeisz Knox, a cosponsor, relayed he had brought this resolution forward to recognize the government to government relationship between the City and Sitka Tribe of Alaska and to express a voice of the population that had long been silenced and ignored. He reminded there weren't specific requests in the resolution but rather showed solidarity with Sitka Tribe of Alaska. He added that the Board of Fish would make the final CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final January 9, 2018 decision regarding the herring fishery. Miyasato agreed and stated passage of the resolution sent a message of support to Sitka Tribe of Alaska and Tribal citizens. Bean voiced similar comments to that of Knox and Miyasato. He stated the Assembly needed to send a message to the Tribe that the Tribe's concerns were the same as the City's. Wein believed the resolution was a message that needed to be sent, however, felt it was not a strong enough message to send to the Board of Fish. Potrzuski reiterated the difficulty of the decision and added it was not the Assembly's place to take a position but rather the Board of Fish. Hunter agreed and didn't believe it was appropriate for him, as an Assembly member, to make judgement on the science that Fish and Game entails without understanding it. He also didn't believe it was his place to tell the Board of Fish how to manage the fisheries. A motion was made by Miyasato that this Resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 4- Miyasato, Knox, Bean, and Wein No: 2- Potrzuski, and Hunter Absent: 1- Eisenbeisz XIII. PERSONS TO BE HEARD: Harvey Kitka, John Duncan and John Young thanked the Assembly for showing support in passage of Resolution 2018-02. XIV. EXECUTIVE SESSION F 18-001 Update from legal counsel regarding the defense of the litigation arising out of the August 18, 2015 landslide events A motion was made by Potrzuski to go into Executive Session to receive and discuss an update from legal counsel, David Bruce and Jim Wilkens, regarding the defense of the litigation arising out of the August 18, 2015 landslide events. The motion PASSED by a unanimous voice vote. The Assembly took a recess and then convened in Executive Session from 9:15pm to 9:54pm. A motion was made by Potrzuski to reconvene as the Assembly in regular session. The motion PASSED by a unanimous voice vote. XV. ADJOURNMENT A motion was made by Miyasato to ADJOURN. Hearing no objections, the meeting ADJOURNED at 9:55pm. ATTEST: _____________________________ Sara Peterson, CMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 5

Agenda

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Meeting Agenda City and Borough Assembly Mayor Matthew Hunter Deputy Mayor Steven Eisenbeisz, Vice Deputy Mayor Bob Potrzuski, Aaron Bean, Kevin Knox, Dr. Richard Wein, Benjamin Miyasato Municipal Administrator: Keith Brady Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, January 9, 2018 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL IV. CORRESPONDENCE/AGENDA CHANGES 18-005 Reminders, Calendars and General Correspondence Attachments: Reminders and Calendars.pdf December_Director_Report.pdf Nisbet certificate.pdf V. CEREMONIAL MATTERS none anticipated VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Sitka Community Hospital, Municipal Departments, School District, Students and Guests (five minute time limit) 18-002 The Rand Corporation - Katie Whipkey Attachments: The Rand Corporation.pdf CITY AND BOROUGH OF SITKA Page 1 Printed on 1/4/2018 City and Borough Assembly Meeting Agenda January 9, 2018 VII. PERSONS TO BE HEARD Public participation on any item off the agenda. All public testimony is not to exceed 3 minutes for any individual, unless the mayor imposes other time constraints at the beginning of the agenda item. 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 18-003 Approve the minutes of the December 26 Assembly meeting Attachments: Consent and Minutes.pdf B 18-004 Liquor license applications: 1) Approve a liquor license renewal for Ludvig's Bistro Inc. dba Ludvig's Bistro at 256 Katlian Street, 2) Approve a liquor license renewal for Alejandro Vazquez dba Agave Mexican Restaurant at 236 Lincoln Street Suite 107, and, 3) Approve a liquor license renewal for Sitka Jet Center, Inc. dba Sitka Hotel at 118 Lincoln Street Attachments: Motion and Memos liquor license renewals.pdf Ludvig's app.pdf Agave app.pdf Sitka Hotel app.pdf X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS C 18-006 Appoint Cindy Litman to an unexpired term on the Library Commission Attachments: Litman application.pdf XI. UNFINISHED BUSINESS: None. XII. NEW BUSINESS: CITY AND BOROUGH OF SITKA Page 2 Printed on 1/4/2018 City and Borough Assembly Meeting Agenda January 9, 2018 D RES 18-01 Adopting an alternative allocation method for the FY18 Shared Fisheries Business Tax Program and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in FMA 18: Central Southeast Area Attachments: Motion and Memo Res 2018-01.pdf Res 2018-01.pdf application.pdf E RES 18-02 Supporting the Sitka Tribe of Alaska and the 2018 Board of Fisheries discussion on subsistence herring egg harvest in Sitka Sound Attachments: Motion and Res 2018-02.pdf Proposal 94.pdf Proposal 104.pdf Sitka Tribe of Alaska Subsistence Zone.pdf Sitka Tribe of Alaska Subsistence Zone new areas (003).pdf Sitka Tribe of Alaska 10% Harvest Cap (003).pdf STA MOU.pdf XIII. PERSONS TO BE HEARD: Public participation on any item on or off the agenda. Not to exceed 3 minutes for any individual. XIV. EXECUTIVE SESSION F 18-001 Update from legal counsel regarding the defense of the litigation arising out of the August 18, 2015 landslide events Attachments: Motion Executive Session.pdf XV. ADJOURNMENT Note: Detailed information on these agenda items can be found on the City website at https://sitka.legistar.com/Calendar.aspx or by contacting the Municipal Clerk's Office at City Hall, 100 Lincoln Street or 747-1811. A hard copy of the Assembly packet is available at the Sitka Public Library. Assembly meetings are aired live on KCAW FM 104.7 and via video streaming from the City's website. To receive Assembly agenda notifications, sign up with GovDelivery on the City website. Sara Peterson, CMC, Municipal Clerk Publish: January 5 CITY AND BOROUGH OF SITKA Page 3 Printed on 1/4/2018

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