City and Borough Assembly

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes - Final City and Borough Assembly Mayor Gary Paxton Deputy Mayor Steven Eisenbeisz, Vice Deputy Mayor Kevin Mosher, Kevin Knox, Dr. Richard Wein, Valorie Nelson, Thor Christianson Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Thursday, April 23, 2020 6:00 PM Assembly Chambers EMERGENCY MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL Members participated by videoconference. Telephonic: 7 - Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson IV. CORRESPONDENCE/AGENDA CHANGES None. V. PERSONS TO BE HEARD Fire Chief Dave Miller thanked staff and the community. He reminded to wash hands, hunker down, wear masks, and stay 6 feet apart to avoid the spread of the COVID-19 virus. Marsha Howard expressed her disappointment at the outcome regarding extending the deadline for filing or paying city sales tax. VI. NEW BUSINESS: A 20-094 Discussion / Direction / Possible Action in response to revised / new State Mandates (including rescinding Emergency Ordinance 2020-14 and Resolution 2020-08). Discussion can center around the Governor's phases for reopening the economy and how they affect Emergency Ordinance 2020-14 and Resolution 2020-08. Municipal Administrator John Leach stated this emergency meeting was being held in response to State Mandate 16 and he felt there may be conflicts with it and ordinance CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final April 23, 2020 2020-14 and resolution 2020-08. Public Comment: Mary Magnuson said that 20% capacity was not sustainable in the restaurant industry and felt to reevaluate on May 12th as originally noted in the ordinance. Eric Jordan asked the Assembly to stay the course and to do whatever it took to protect Sitkans. Rachel Roy Executive Director of the Greater Sitka Chamber of Commerce and Visit Sitka relayed a virtual Chamber luncheon of over 50 individuals that shared ways businesses were conducting business. She stated businesses were putting plans in place. Linda Marlin stated that the hunker down resolution should not be until May 12th and that businesses were suffering and living paycheck to paycheck. Ariane Goudeau stated that she saw fear for the city opening back up. She would like to see more transparency and data and felt that information would be helpful. Marian Allen told of her concerns for overwhelming the health care system. She urged to maintain what was in place with seasonal workers coming to town. Bradley Shaffer told of the opportunity to place efforts on structured testing. He suggested standardized testing for travel of five days before departure and five days upon arrival. Tony Buak owner of the Bayview Pub, LLC pleaded to allow businesses to open under State Mandate 16. He stated that it was vital to get the local economy up and running again even if limited in how to operate. Cory Baggen asked to rescind emergency ordinance 2020-14 and asked that Sitka follow the state health mandates. Theresa Weiser, Alaska Premier Charter, Inc. / Wild Strawberry Lodge stated the loss of revenues for each business represented similar percentages of loss of tax revenues to the city. Paxton stated that State Mandate 16 was a controlled opening. He felt Sitka still needed to take precautions by wearing masks and social distancing. Nelson felt public health emergencies did not allow for civil liberties. She stated the emergency ordinance and hunker down resolution were contrary to state mandates. She was in support of rescinding. Christianson did not feel the Assembly was overreaching. He was not in support of rescinding. He recommended keeping the emergency ordinance and hunker down resolution in place and to let the state do what they were going to do. Knox did not feel that Sitka would be the only city in the state that would stand up against State Mandate 16. Dr. Elliot Bruhl, SEARHC, updated with regards to testing in Sitka and the region noting that the situation continued to evolve rapidly. He stated that there was a slow decline in Alaska cases and encouraged those to find information from the Alaska Department of Human Health website. He told of concerns with the possibility of the influx of those from outside the state. He stated that SEARHC had 12 ventilators, 25 beds available currently but could ramp up to 40, and of the shelter and care for an additional 28 patients for quarantine and care for mild cases. He noted the ability to test continued to increase, that traditional testing had a 24 hour turn around time, and more testing supplies were available. He gave statistics for testing in Sitka of over 200 people with all negative results. He felt that the current hunker down situation kept Sitka safe. Leach stated if the ordinance and resolution remained in place, city hall would remain closed. He had plans to stay closed and to open and was ready to execute either. He clarified state mandates and the action plan requirement. Municipal Attorney Brian Hanson mentioned that the state preempted the city and spoke to the risk involved against the city, businesses, and individuals but noted that the risk was not quantifiable. He spoke to indemnification. Mosher thought to allow the current hunker down to expire as stated, May 12 and CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final April 23, 2020 noted the concern was fear of the influx of seasonal workers from out of state. He would like to align with what the state was doing. Wein told of mutation concerns and reminded with fisheries opening it would create a dynamic spread of COVID-19. Wein stated the ordinance accomplished what was needed in order to see plans of those coming into Sitka, and stated if it were removed, then there would not be standing to ask for the state to share the plans. Paxton felt that businesses should be allowed to open under the state mandate. Nelson spoke to the possible liability and told of her concerns with little public input. She stated she would like the city to get back to regular in person assembly meetings. She said small businesses knew how to be responsible, and that it should be their choice to open. Paxton and Mosher agreed with the concerns of public participation. Christianson spoke to setting an example, to model for Sitka and that open meetings were problematic. He gave concerns with being careful with people coming to town. Knox stated that the ordinance allowed the city to obtain plans since the state did not share them. He was not in support of rescinding, and felt that the ordinance reinforced the direction of the city and protected the community. A motion was made by Nelson to rescind the motion at the April 14 Assembly meeting approving Emergency Ordinance 2020-14 requiring all people arriving in Sitka, without exception unless determined a critical healthcare worker, to self-quarantine for 14 days before working for critical workforce infrastructure businesses and requiring such businesses to submit a protection plan to the City and Borough of Sitka that must be approved by the Municipal Administrator. The motion FAILED by the following vote. Yes: 3- Paxton, Nelson, Mosher No: 4- Christianson, Knox, Eisenbeisz, Wein VII. PERSONS TO BE HEARD: Municipal Administrator John Leach stated that city hall would remain closed as the hunker down resolution remained in effect. VIII. EXECUTIVE SESSION None. IX. ADJOURNMENT A motion was made by Christianson to ADJOURN. Hearing no objections, the meeting ADJOURNED at 7:52 p.m. ATTEST: _________________________ Melissa Henshaw, CMC Deputy Clerk CITY AND BOROUGH OF SITKA Page 3