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Ordinance Releases Rules During Crisis

Posted

By SHANNON HAUGLAND
Sentinel Staff Writer

The Assembly at its regular meeting Tuesday approved an emergency ordinance to help address remote meeting attendance by Assembly members during the pandemic, while staying within city code.

The item was not without contention, but passed in the end by a 5-2 vote after a motion to postpone failed on a 3-4 vote.

Voting in favor of the emergency ordinance to allow the mayor to waive various sections of the code related to teleconference attendance at meetings were Kevin Mosher, Kevin Knox, Thor Christianson, Steven Eisenbeisz and Mayor Gary Paxton. Richard Wein and Valorie Nelson were against.

The emergency ordinance – requiring only one reading instead of two – references the “COVID-19 public health emergency.” 

Since the declaration of the COVID-19 emergency in March, at least one member per meeting has been attending remotely. City code does not allow anyone to preside remotely, and limits remote attendance by an Assembly member to four a year. City code also does not allow remote attendance at two consecutive meetings.

City Clerk Sara Peterson brought the issue to the city attorney’s attention, saying several members were not in compliance with the code as written. She proposed retroactive exceptions due to the pandemic, along with a provision that allows the mayor or presiding officer to make exceptions.

“It was about their health, first and foremost,” Peterson said today. “When the emergency was declared, the decision was made for these meetings to be held remotely. In the back of my mind I knew the members would be out of compliance with the code as far as the number of telephonic meetings allowed per our code. I called it to the attention of the attorney to make an exception for a pandemic – which we never had before.” The result was the emergency ordinance, which is valid for 61 days.

For some members, it was a simple housekeeping issue. For others, it went too far in giving power to the mayor or other presiding officer, and passing it through an emergency ordinance, requiring only one reading.

Wein and Nelson suggested a new ordinance that spelled out the new policy more clearly, and that the new policy receive a full public hearing through two readings.

Some of those in favor of the ordinance said it might not be perfect, but it did address the issue for the present. They agreed it could be taken up later through a new ordinance requiring two readings.

“It doesn’t give (the mayor) carte blanche,” Mosher said.

“This will get us in line with code,” Eisenbeisz said, adding that the Assembly can take up the issue for the long term later.

GPIP Haulout

The Assembly approved spending $100,000 from the Southeast Alaska Economic Development Fund to cover the costs of an engineering consultant for the boat haulout project at the industrial park.

The vote was 5-2 on first reading, with Nelson and Wein opposed.

“Ensuring availability of marine haulout services is vital to Sitka’s economy,” the ordinance said. “As the existing provider has indicated that services will cease in the Summer of 2021, it is critical that this project move forward now. The initial phase (haul out and washdown pad) will be developed using funding from Southeast Economic Development Fund.”

The city is still waiting for word on a federal grant it’s seeking to help build the project.

Wein said today it wasn’t clear to him how the funds would be spent, and what product would be produced for $100,000.

In related business, the Assembly appointed Thor Christianson and Kevin Knox to the Haulout Task Force. Other members will represent the Gary Paxton Industrial Park board, and the Port and Harbors commission. Also on the task force are the GPIP director Garry White and City Administrator John Leach.

“This group’s focus will be largely proofing the economics, business plan and customer base assumptions,” said a memo from Leach. “They will also provide focused first-line feedback to refine assumptions before draft options go public in the more formal GPIP Board meetings and work sessions  of the task forces planning for a new boat haulout.” Nelson said she also was interested in serving on the task force, and the vote on the appointments was close: five votes for Knox and Christianson, and four for Nelson.

Police Chief Presentation

Under special reports, Police Chief Robert Baty addressed some matters related to the Sitka Police Department, including media stories and letters “accusing the department of sexism, racism and having a culture of excessive force.”

“I’m compelled to point out that these letters and articles all state issues from the past, long before my administration and tenure as your police chief,” he said. “Nonetheless, in the spirit of transparency I would like to point out that I was hired here as your chief of police for the very reasons cited in those recent letters and articles. I have been addressing issues such as police reform, accountability, bias and use of force, long before ... it became a national trend to attack law enforcement on these very issues.”

He said the SPD of today is a more diverse group, focused on a “community oriented” approach, and the workforce trains with a focus on “teamwork, respect and professionalism.” Baty said he received a comment recently from a member of the public who would like to hear more in the media about how officers help the public.

Dave Nelson, president of the Sitka Chapter of the Public Safety Employees Association, spoke under persons to be heard. He said he has been disappointed by recent media stories.

“The membership of PSEA you will note does not get on social media,” he said. “We do not get on Instagram, Facebook or Chatters and blab about what we do on our job. Never have I seen a police officer do such a thing. We treat the members of this community with dignity, we respect their privacy, and if someone wants to send something out in social media, that’s fine, they have a right to do that, but there’s also a meaningful way to address those concerns. And that is not happening.”

Nelson said he wanted to keep in the forefront that “our officers act with dignity and honor, and what you’re seeing on the media is certainly not coming from us, and it is certainly not representative of our membership.”

A few members of the public stated their appreciation for Sitka’s police force, and the need for the Assembly to support the members of the department.

Other Business

In other business, the Assembly:

– approved a request for proposals for a lease off the Harbor Mountain bypass road for a cell phone tower site. New Horizons has a contract with Verizon to look for sites for a new cell phone tower, but there must be a competitive bid process for any city land. “Any company should have equal opportunity to make a bid for a similar type development,” Planning Director Amy Ainslie said today. A few Assembly members asked questions for Ainslie to follow up on, and the request for proposals will be advertised in the next few weeks, Ainslie said. 

– heard an update on some of the plans in the works for CARES Act funding for programs related to mental and behavioral health, employment, food systems and housing (see a later edition of the Sentinel).

– listened to comments under persons to be heard, including from Marshall Albertson who said he would like to see the city become more “business friendly,” support the police force and support efforts to create affordable housing in Sitka.

– approved forwarding marijuana license renewals for Northern Lights Indoor Gardens for marijuana cultivation and retail sales.

– appointed Jamal Floate to an unexpired term on the Gary Paxton Industrial Park board of directors (at-large seat).

– reappointed Darrell Windsor to the Sitka Planning Commission.