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Good evening. I'd like to call to order the regularly scheduled assembly meeting of August 25th, 2026. Please join me for a flag salute.

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The assembly of the city and borough of Sitka would like to respectfully acknowledge the traditional first people of Sitka with gratitude we proceed on clink it on me.

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Sarah Rolkall, please.

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Ms. Carlson, here.

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Mr. Yastat.

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Here.

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Ms. Rennie.

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Here.

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Mr. Christensen.

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Here.

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Mr. Mosher.

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Here.

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Mr. Selene.

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Here.

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And Mayor Eisenbyes is absent this evening.

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Thank you.

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Along with the assembly tonight at the table, we have the administrator, the attorney and the clerks.

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Next item on the agenda is correspondence and agenda changes.

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Are there any correspondence or agenda changes from the assembly?

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Seeing none, we'll move on to special reports.

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We've got several scheduled, two from departments,

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the school district, the first SICKA tribe of Alaska.

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So welcome forward general manager,

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Brurt Adams, if he's here tonight.

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We will, I'd him come forward later if he, he shows next the SICKA School Board President, Mr. Brurtect, please.

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Thank you.

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Welcome.

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Back to school time.

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Excited to hear.

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We did it.

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It's another summer, it's nice to see everybody.

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I'd like to start off with a big thank you to the maintenance department.

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Huge kudos for helping us to get our school year off to a smooth start.

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Even though they're short staff, they fix, they clean, they check up on all the buildings to help create that safe and welcoming environment that supports students and families.

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It's not a small thing and we really appreciate it.

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Also, in kudos and awards, Keat Gushihin, you may have heard, was named Microsoft Elevate

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Pathfinder School, mostly because of the work of Cindy Duncan.

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She's been a leader in integrating place-based culturally-connected technology in the district

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for years.

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This is an award that very few schools or districts receive, like maybe five in the

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whole country.

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So we're really proud of that work.

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Also, Bridget Reynolds was recognized at the CLASCA Heritage Institutes, 2026, culturally

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responsive ed conference where she received SHI's Distinguished Educator Award.

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This recognizes teachers who integrate indigenous knowledge into their lessons.

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Mr. Reynolds teaches science, technology, engineering, and math at Pacific High School.

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She's also an adjunct professor at UAS, Southeast in Juneau, where she leads dual enrollment

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courses for rural students across the region, so I'm a real pleased about that.

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Couple of things to keep our eyes on.

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I've been talking about this every chance I get, so here's another chance.

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The federal government is looking at restructuring or modifying the federal e-rate program.

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We don't get a lot of direct funding from that, only about $65,000, but we use the reimbursement

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program to leverage funding that paid for the tech refresh that we just got put, we just

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voted on it at our June meeting, and that was $250,000.

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So if you have a sophomore in your life, they're real pleased about that.

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So, if this program is shuttered, rural school districts in library stand to lose more

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than funding.

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We'll lose equitable access to broadband internet and technology infrastructure, which is

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a huge deal in this state, as you all know.

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I did chat with library staff and they told me that we are not, our library is not a member

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of the e-rate program, but she was very helpful and I also appreciate that.

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So we've been lobbying our D.C. delegation.

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I do have a handout except I don't about what's at stake and how you can help with legislature

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and stuff.

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Maybe I'll chat with Mayor Eisenbicer, maybe Deputy Mayor Carlson, when about a joint resolution,

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I'm not a resolution's guy.

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The other thing to keep an eye on is we've heard rumblings from the Department of Ed that the local contribution fuferal is coming back on the table, the Department of Ed and Governor Dunlavy are looking for clarity again on what is local contribution.

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We thought we had put this to rest last year when the state did not pass the federal disparity test.

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This year we did pass the federal disparity test, we being the state of Alaska.

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So the federal disparity test is this complex math that ensures that the highest

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funded and lowest funded districts in a state are within a certain percentage of funding.

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We pass the federal disparity test, so I'm not sure why we're looking at what local contributions are.

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I'm not sure what the point is with that.

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Again, I'll just remind everybody, this impacts our funding because we have so many partnerships in this district.

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We have so many people from Sick of Sound Science Center and the tribe and local government and local businesses.

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And if that counts as an in-kind donation, that person's salary or supplies, then that would go come directly out of local funding.

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So again, we talked about this last fall with the State Board of Ed.

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They chose not to look at it.

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They decided that it was not worth it, but we're hearing that maybe they're going to take a look at it again.

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And on that note, Commissioner Dean of Bishop and the State Board of Ed will be in Sitka on October 13th.

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We're going to spend a little bit of time with them, but mostly I think they're going to be looking at my school and funding for that.

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So I'll just be keeping my ear to the ground and letting you know, as I hear things, and yeah, so thanks again for everything.

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I think if there are any questions, I'd love to chat,

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but I'm sure you have things to do.

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Any questions?

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Yes, Kitty.

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I just want to give a shout out to that fantastic work

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that our local teachers are doing.

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That's incredible to have two awards announced

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in just the past week and just really kudos

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to our educational system and all the work that you put in.

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The rest of the school district, thank you for your efforts.

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Yes, thank you.

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I go that.

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I wish you the best during count day and the rest of the year.

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Yes, it is those teachers and kids, thank you.

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Next on special reports, a sick a tribe of Alaska, new general manager, Bert Adams.

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Please come forward, welcome, and your first day was last week.

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We appreciate you coming, coming to speak with us, the very beginning of your time.

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This is a kind of special report that allow for some back and forth at the end, so there will be opportunity for questions after.

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On the bottom of the microphone, there's a button, you press it, there's a red button.

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Okay, got it. So they're red light.

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Can you hear me?

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Okay. Well, thanks for having me, and I showed up just in time, I actually got lost in Sitka.

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So once again, I'm Bird Adams, I'm the new general manager at Sick of Trials of Alaska.

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I'm glad to be here.

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My first day was last Tuesday and so I've been really swamped and hit in the ground right

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now.

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Our travel chair is out of town and so she asked if I would sit in this evening and give

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a report.

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so that's what I'm going to do. I'm going to read this report for the first time, so bear with me.

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So at the August 19th Tribal Council meeting, the Tribal Council approved the following agenda items,

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appointed Tribal Election Judges and Supervisors, appointed an STA nominee to the SBS Tourism Commission.

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Other things going on at S-N-E-P summer camps, over 85 S-N-E-P first 12th grade students

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participated.

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In a variety of summer camps this year, ranging from Kuna Sakai Fish Camp and Shitka Splash

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mountain camp, as well as camps focused on teaching each grade well-rounded cultural knowledge,

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such as clink its song and dance, traditional foods, form line, design, beating,

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craden, regalia, and more.

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Thank you to our STA staff and community partners, without whom these camps would not be possible.

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STA ordinance updates, sick of tribe, tribal council is currently reviewing a draft

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a draft legislation ordinance and a draft committee ordinance, which are available for review at the SITCA tribe website, and you would go to our government slash law and policy section on the website.

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Tribal citizens are encouraged to review the proposed ordinance and share feedback.

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The proposed judicial ordinances was approved on the final reading and will become effective September 19th.

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Sitka Weaver's community gathering, Ravensdale and Chillcat Weaver, Lily Hope sat in with

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over 20 budding and experienced weavers to learn more about what resources and support

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they have are will need to develop a strong weaving community in Sitka.

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The participants shared numerous laughs and deeply touching stories on community in Sitka.

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going to sheesh to Lily Hope for her generosity and volunteering her time to connect with our citizens.

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Upcoming events, gentle flow yoga, Monday 6-7pm at Yoga Union, STA offers yoga in partnership with Yoga Union, Mondays from 6-7pm classes are open to all, with no cost to tribal citizens and STA staff.

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Family Fund Game Night, September 4th,

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Herringen Centennial Hall, 530-630.

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Family Fund Game Night is back,

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bringing the whole family for an evening of laughter,

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games, and good company.

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We'll have plenty of pizza and popcorn to keep the fun going.

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Come play, eat, and make memories together.

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So that's the report I was assigned to give

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and I can try to answer as many questions as possible.

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It is good to be in SITCA.

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I was born and raised in Southeast Alaska.

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I spent, I was born in Yakutat and went to high school.

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They graduated, spent about 20 years or more coaching.

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So I traveled through Southeast and every rural community

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in Southeast Alaska every year.

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And the regional tournament was held in SITCA every three years.

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So I spent a lot of time in SITCA.

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and really enjoy it.

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So I'm happy to be here and excited, really impressed.

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And I said this at the Council meeting last week with the

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School Board President coming in and giving a report.

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He had National Parks Service give a report.

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You just don't see that at tribes and in rural communities.

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I've never seen it.

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And I've been in trouble government for 30 years.

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You just don't get that kind of community coming in and

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sharing and reporting.

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And that's a great thing to have.

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and this just makes it more exciting to be here in Sitka.

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So I'm looking forward for my time and Sitka,

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looking forward for collaboration and continued work

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and growth between the tribe and the city.

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So, Konnichiesh.

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Konnichiesh, yes.

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We highly value our government

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to government relation as well.

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And that collaboration is very important to us.

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So it's great that you've already experienced that

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in your first week and see the value in it

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because we too agree.

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Any questions or comments from the assembly?

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We're always looking for coaches too, so if you wish to give back and involve with our

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you, there's opportunities found.

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Yeah, thanks.

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Yep, thank you, Mr. Adams.

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Next special report is Department Cordler Report from Planning and Community Development, Amy

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Ainsley.

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Please welcome.

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Welcome, thank

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you Madam Deputy Mayor and Assembly Members, I'm Amy Ainsley, the Director

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of the fully staffed Planning and Community Development Department.

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Since our last quarterly report, we've been able to welcome Sam Torres as our new head

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lifeguard, and we were also really thrilled to get a AmeriCorps volunteer this year, which

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we were not able to last year, but that was a kind of pleasant surprise coming into the summer

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For this year, so Catherine Rizinski has joined us for the year.

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I'm very excited to have her.

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Kind of going across the four areas of my department starting with planning.

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A couple of project updates the land study for housing development on misplans is going very well.

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We are planning for a September 2nd presentation to the Planning Commission on-

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On some density scenarios and preliminary lot layouts for some of the top rated parcels that came out of Phase 1. And ongoing work for Phase 2 kicked off in May, which has had more extensive on-site work for particularly geo-hazard, floodplain mapping, stream mapping, as well as LiDAR and wetland mapping as well. And then we're seeing some really good

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good results out of that really, I think some really solid information,

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expecting that to be able to be presented probably more into October for this year.

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But like I said, we're at least the couple of parcels that really rose to the top in phase one.

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We're working on getting some concepts out in front of the planning commission and public.

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For a couple of the other projects that we've got going on that I included in the submitted report.

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We have a couple of lags particularly in the Safe Streets project still, but we've heard that that is moving forward.

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Public works is actively in contract negotiations for that project, so we're expecting a kickoff for that in the very near future.

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And centralised permitting has continued to chug along but has been a bit of a challenge for us to implement.

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And it's both city staff side and capacity as well as the vendor side as well.

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implementing any kind of new system like this always comes with some snags and we've had our fair share of them, but we're continuing to make really good progress there.

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You don't see in the rest of the report the host of other projects and initiatives that I know have been in the planning department's wheelhouse for quite some time.

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And it is, mine tend to be able to provide a more clear sort of scope of work, timeline, and department capacity for new initiatives.

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And to that end, we released a couple of PSAs starting this week that the planning department, just the planning office, are not the whole department, the office, will be close to the public from September 8 through September 11.

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Our number one priority during this time is to deliver a project delivery plan.

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for the outstanding projects and initiatives that have come our way to kind of go through previously discussed items and that items that are internal initiatives, assembly initiatives, planning commission initiatives, and back planning each one of them stacking them on a six to 12 months delivery schedule and kind of being able to get our arms around a little bit more of what right now feels like a line of things to do rather than a list.

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So that's really our focus during that time, and then just having some quiet focused time to advance those projects.

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So that is the planning office. We, in first sustainability, we have two kind of major projects that's a community renewable energy strategy is continuing to move along well.

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Thanks to some of the members Carlson and Mojure for participating in that focus group review of the findings and feedback that we've received on the project to date.

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We are preparing a community engagement approach and our plans to publish the draft plan,

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definitely within the next month, and still targeting a fall joint work session between

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the Sustainability Commission and the Assembly, and adoption of the plan before the year end.

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The Energy to Community Project is also going very well, we're continuing to really benefit

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from the technical assistance on a lot of the generation modeling, as well as our transmission

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and distribution modeling, risk assessment tools, and this week we have GIS specialists

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who are in town as well to help us be able to leverage more of the technology and data

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that we have more quickly.

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We also had another great summer of internship program with the electric department as well.

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For Parks and Recreation, they had a very busy summer, they had a very high enrollment

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and weightlifting for their programs, including there were 54 kiddos that were served by our

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summer camp this year.

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So really great work, Parks and Rec, keeping the community busy, engaged, and active.

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Some upcoming things on our rosters that with our AmeriCorps volunteer being placed with us this year

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we're anticipating being able to do more after-school programming.

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Just one example is that we're looking into a STEM program at Hoots as an after-school program.

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Very excited about that.

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With some of the more recent renovations that have been done at Swan Lake Senior Center,

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moving forward with exercise classes, a walking club, senior coffee social hours, and also making more meeting space available to rent out to the public as well for conferences and for small kind of meeting conference space, that sort of thing.

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The department is also still monitoring our crucial land use plan and our permitting process around that there's an upcoming operator meeting to hear directly from the operators how the season went, what worked, what didn't, what we should keep in mind for the next year.

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and a community wide survey will also roll out this fall.

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And the team at Parks and Rec is also still working very closely with our facilities team,

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particularly on the pool to stay on top of preventative maintenance.

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The building department, quarter two stats, are now available and

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those were included in the packet.

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April and June, those tend to be one of our busiest quarters as people get geared up for the summer building season.

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And lagging a little bit on permits issued by number of permits issued per day, but we

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have had, again, pretty significant uptick in the number of permits that were applied

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for.

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And if you see the difference in inspections between January and March versus April through

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June, it's about a 50% increase in the number of inspections.

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So the team gets really busy this time of year staying on top of inspection work.

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I also just wanted to note as well the team, the building team is working very hard at some

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of the technological changes that are coming their way, they're in the midst of the centralized

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permitting implementation right now which is quite a lot of work as well as new technology

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that's going to help us be able to do digital plan review as well so that we're going to

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hopefully get to the point where you don't have to print out and bring a giant plan set

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into the building department and consummate those things a little bit more easily.

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So those conveniences and advancements are great but they do come with a learning curve

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and our, I think, a staff's tackling it really well.

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So early in the fiscal year, not a lot to report on budget.

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Everything's kind of looking to be on track.

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And there's not any particular areas

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that we're concerned about on expenses for right now.

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Have you taken any questions?

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Thank you.

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Any questions, comments for the assembly?

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Probably we appreciate your diligence.

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And it seems like it's been a successful transition

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of tourism out and building department in.

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So congratulations on that.

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and keep at it. We look forward to those projects coming to fruition and that week of dedicated

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approach for that project delivery plan is a great idea. Thank you so much. Thank you.

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Next on department quarterly reports is assessing. Larry Reader please come forward.

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Yes, it's a big day next Tuesday I believe, right? That's when your bills are due for the communities.

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Yes. Yes. Yes. The clock does tick. It does. Calendar turns. Welcome. Good evening, Assembly Mayor.

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I'm Larry Reader. I'm the assessing director. The assessing department currently operates with three full-time employees.

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We currently have an opening for our appraisal technician position still. It's myself and our Fraser Casey Kinslow who's been with the city for close to eight years now.

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Now, with the August 31st property tax payment deadline in just a few days, our 2026 tax year will be complete.

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We are busy preparing to start our inspections for the 2027 tax roll.

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So what does an assessing department do?

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We prepare an annual tax roll of both real and business personal property, meaning we maintain values, ownership, exemptions, etc.

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Here are all information that goes with those accounts once the tax role is certified.

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It is sent to the finance who builds and collects the tax revenue, then distributes it to fund services.

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As I'm sure you're aware, we have been reappracing all the residential properties in the borough.

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We started this project five years ago and currently we have approximately 90% of the properties reappraced.

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We will finish that project this year.

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The project has been extra challenging due to the fact that we are praising properties that have not been kept current for an average of 8 to 15 years.

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Naturally, this has caused our property owners a great deal of angst and they have not been shy about letting us know.

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Real estate trends represent the main reason for the lack of maintaining current values was the lack of a process known as annual trending.

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Real estate trends represent the shifting dynamics in the housing market.

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The core drivers of real estate markets include supply and demand, interest rates, housing inventory, demographics, and economy.

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Assessing departments around the world maintain current values by conducting an annual study that compares sell prices to current assessed values.

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The results indicate that trends in the real estate market did the market increase, decrease or remain flat.

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In fact, this study relies on an abundance of verified sales and current assessed values.

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Alaska is a non-disclosure state, which means the buyers and sellers have no obligation to share their sale price with us.

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Due to that, an abundance of verified sales here in Sitka requires our office to constantly monitor real estate listings.

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We follow those listings up to a sales date.

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We mail out sales letters after the sale to both the buyer and the seller asking them to share the sale price with us and we get about half of those back.

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The volume of sales is also an issue. When I did this study previously in Oregon, I would start with approximately 1,400 sales and most of the deeds had the sale price included.

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Here in Sitka, we get approximately 150 sales and no sale prices on the deeds.

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Despite the challenges, it is abundantly clear that the annual trending must be a process

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we apply.

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Last year, we applied a plus 3% trend to all residential properties.

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We will continue to trend every year.

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Applying annual market trends and consistent accurate reappraisal will not only fill our

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budgets correctly, but also relieve our property owners of some of their angst in this property

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tax system.

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Current goals heading into this year, our tax year, fiscal year, number one, we want

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to complete that residential reappraisal.

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It's been five years of year, six year, and we will be able to complete it.

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And continue application and modifying of a trend model.

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It's always a work in progress to tighten it up and make it a little more accurate.

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00:26:16,520 --> 00:26:26,520
it. Also starting to think about succession in the years down the road. KC is a level two certified

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appraiser with the state. She needs to get to level three and we will get her there this year.

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00:26:32,860 --> 00:26:37,540
She just needs one more class and as soon as they offer it she can take it and then she'll be at

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the level three, which is required down the state to hire as an assessor. We're also going to get

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some Excel training for Casey, and introduce her to the appraisal review processes and completion

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of the annual state report.

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Budget-wise, so far, we're so known to it, we've only spent 5% of our budget, we don't

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foresee any problems with that going forward.

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Any questions?

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Questions or comments?

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Larry, our assessor?

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Yes, Katie.

314
00:27:12,060 --> 00:27:13,180
Yeah, thanks so much, Larry.

315
00:27:13,940 --> 00:27:18,360
You're reminded me to pay my property tax, so everyone out there listening, go pay it.

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I wanted to ask the continue application modifying a trend model.

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Will that at one point supplement the 3% trend with a more accurate trend or is the intention

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to just continue that 3% trend?

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Is there any refinement that will happen over the years?

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No, I will do this study every year with the data that's available.

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That's a mantra of the work that we do is you've got to use the best information available

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even if it is a little bit.

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That's been the tough part probably over the years for everybody is figuring out how can

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I determine market trends when I only get this many sales and I don't get very many sale

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prices.

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But we think we have, we think we're getting the best we can out of what we got using the best

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information available.

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I'm also applying a very conservative approach to the markets trends that we're going to apply.

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When I did my study last year, it actually told me I should probably trend up 10%.

330
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But I realized I understand that we're not completely down with the reappraisal.

331
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And it's been a few years since we started the reappraisal.

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00:28:27,580 --> 00:28:34,480
So maybe we're not comparing them to current assessed values as we can, maybe give it a little more time.

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We'll see what that does.

334
00:28:35,960 --> 00:28:40,540
So I chose to just be ultra conservative and go 3% for this year.

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In the end, appraisals are pinning a value and it's the same thing with these trends.

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You study all the data you can, you follow throughout the year, you dig into each one

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that you possibly can, you make phone calls and the letters, knock on doors, trying to get as

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much information as you can and then make a decision that you think is best serving the public

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going forward.

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So even though at the end of that study I looked at my indicated trend and it said 10% I thought no, I'm just going to conservatively go 3%.

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The key to it is to apply it every year so that we come around and re-apprise after 8 years or so or 10 years.

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It's not such a big pillow swallow for the property owners.

343
00:29:23,640 --> 00:29:26,200
Thank you so much for that clarification. I appreciate that.

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Anything further?

345
00:29:30,880 --> 00:29:31,820
Thank you, Larry.

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Your work is very appreciated and understood a little bit more now from that special report.

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With no additional scheduled special reports, we'll still see if there is any government

348
00:29:45,520 --> 00:29:45,880
to government.

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00:29:48,020 --> 00:29:49,840
Municipal Board's Commission Committees,

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School Board, students or guests for

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00:29:58,000 --> 00:29:58,380
a special

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00:29:58,380 --> 00:29:59,980
report, not okay.

353
00:30:00,080 --> 00:30:23,920
Thank you. Right now we're at persons to be heard for public participation on any item off of the agenda, not to exceed three minutes per individual. The agenda is available at the back of the room also on the city's website and printed in the newspaper. If there is any public comment for items off of the agenda, please come forward and state your name for the record.

354
00:30:27,640 --> 00:30:32,980
So button at the bottom of the mic, press it, it'll turn red, and you can begin for your three minutes.

355
00:30:32,980 --> 00:30:38,740
Thank you so much, Deputy Mayor and members of the Assembly.

356
00:30:39,160 --> 00:30:40,000
It's great to be here.

357
00:30:40,180 --> 00:30:46,100
I'm Debbie Miller, and I have this lucky wearing of a hat tonight where I'm the coordinator

358
00:30:46,100 --> 00:30:52,260
for the second annual American documentary and animation film festival in Sitka.

359
00:30:52,820 --> 00:30:54,700
And I just thought I'd make a brief announcement.

360
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It's happening thanks to a community last year that really supported the festival.

361
00:31:00,020 --> 00:31:06,020
businesses, Katie, you were involved. We had filmmakers coming from as far away as Brazil

362
00:31:06,460 --> 00:31:13,520
last year. This year, we've invited 33 filmmakers. We have 33 films. We're going to have three

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nights at the pack, October 9th, 10th and 11th. And then Matt Nayshows at the Coliseum, where

364
00:31:20,960 --> 00:31:26,480
we've got some great pizza going on. And very excited to partner with both Syka Fine

365
00:31:26,480 --> 00:31:31,840
In Arts Camp, at the PACS, they do a tremendous job, shout out to Syka Fine Arts Camp for

366
00:31:31,840 --> 00:31:37,440
really running a wonderful venue with the projection system and all that you would want

367
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to host a film festival, hoping that this will become not only a regional event, but a

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00:31:43,740 --> 00:31:48,240
statewide event where we'd get people coming from as far as way as Fairbanks, Anchorage,

369
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because right now we are the only documentary film festival in Alaska that we're now an

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annual event. This is the second one and always looking for volunteers, sponsors, people

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that might want to help bring a filmmaker to Sitka. This year right now we have about

372
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seven filmmakers that are coming and they will be offering a director's forum at the

373
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Sitka Public Library on the Saturday of that weekend where anybody can come, particularly

374
00:32:16,640 --> 00:32:20,780
high school students that are interested in filmmaking where they can meet a filmmaker

375
00:32:20,780 --> 00:32:26,660
ask questions, so thanks to the library for that, that form which will be free, and then

376
00:32:26,660 --> 00:32:31,140
we're making this open to all high school students so that any high school student

377
00:32:31,140 --> 00:32:39,040
that's interested in the content of our documentaries and we've got science, art, music, sports,

378
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social justice, you name it, we've got films that cover many, many topics that would be

379
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of interest to teachers and students.

380
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Thanks to Rotary, we're going to be busing students

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from Mount Echcombe so that they have the opportunity

382
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to come to opening night at the pack

383
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and see some of these films.

384
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We, on our closing night, Sunday the 11th of October,

385
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we'll have an indigenous-related night

386
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with the Nakahidi dancers.

387
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And it's the day before Indigenous People's Day.

388
00:33:08,100 --> 00:33:12,060
So we have a film where we have a Dune Lankard coming down

389
00:33:12,060 --> 00:33:14,160
from Cordova who is a kelp farmer,

390
00:33:14,160 --> 00:33:21,080
commercial fisherman, IAC tribal member, he'll be here present that night and so we've got

391
00:33:21,080 --> 00:33:28,420
a lot going on with the festival, with different themes, programs and community involvement

392
00:33:28,420 --> 00:33:34,740
and I just wanted to let the listeners know and the assembly know, tell your friends and

393
00:33:34,740 --> 00:33:38,660
reach out to people in Juneau because they might want to come to this and there's some great

394
00:33:38,660 --> 00:33:41,120
great films coming to Sitka in questions.

395
00:33:44,250 --> 00:33:45,330
Thank you, persons to be heard.

396
00:33:45,710 --> 00:33:47,010
It's not a time for a back-up.

397
00:33:47,290 --> 00:33:47,530
Okay, great.

398
00:33:47,690 --> 00:33:48,390
We thank you.

399
00:33:49,290 --> 00:33:51,530
Anyone else here for a person to be heard?

400
00:33:51,870 --> 00:33:52,650
Please come forward.

401
00:33:53,390 --> 00:33:54,390
State your name for the record,

402
00:33:54,890 --> 00:33:55,830
and you three minutes will begin.

403
00:34:05,970 --> 00:34:08,050
Good evening, my name is Jeffrey Reinhardt.

404
00:34:08,190 --> 00:34:09,910
I'm a local physician in Sitka.

405
00:34:10,770 --> 00:34:13,250
I'm here to speak on behalf of Captain McLaughlin.

406
00:34:15,330 --> 00:34:17,590
That is an item on the agenda this evening.

407
00:34:17,750 --> 00:34:18,510
So I'm in.

408
00:34:18,550 --> 00:34:18,770
I'm in.

409
00:34:18,770 --> 00:34:19,790
I have a place here right now.

410
00:34:19,890 --> 00:34:24,310
You can speak when that comes up on item, let's see, F.

411
00:34:24,930 --> 00:34:25,290
Okay.

412
00:34:25,650 --> 00:34:26,610
So there'll be a time soon.

413
00:34:26,870 --> 00:34:27,570
Thank you.

414
00:34:28,390 --> 00:34:28,910
Anyone

415
00:34:36,360 --> 00:34:37,820
else for persons to be heard?

416
00:34:38,160 --> 00:34:39,740
For items off of the agenda,

417
00:34:42,510 --> 00:34:42,670
right?

418
00:34:42,810 --> 00:34:43,090
Thank you.

419
00:34:43,610 --> 00:34:45,910
Moving along to the consent agenda.

420
00:34:47,050 --> 00:34:48,770
I may have to approve the consent agenda,

421
00:34:48,990 --> 00:34:50,510
consisting of items A, B and C.

422
00:34:55,330 --> 00:34:55,810
Second.

423
00:34:59,510 --> 00:35:00,330
And yes,

424
00:35:03,880 --> 00:35:07,780
I can see the titles when I go into public comments here.

425
00:35:08,060 --> 00:35:13,780
All right, any public comment for items A, B, and C, which are the approval of the minutes

426
00:35:13,780 --> 00:35:18,980
for the August 11th assembly meeting, approval of renewal application for Northern Lights

427
00:35:18,980 --> 00:35:27,600
Indoor Gardens LLC located at 1-3-2-1 Somal Creek Road, Sweet's M-N-O-N-P on the standard

428
00:35:27,600 --> 00:35:34,120
marijuana cultivation facility license and retail marijuana store license, and authorize

429
00:35:34,120 --> 00:35:40,500
So the sale of the municipal equipment, a zero-shear baler, valued at more than $20,000 in accordance

430
00:35:40,500 --> 00:35:45,360
with the SIGA General Code Section 1810-020.

431
00:35:46,180 --> 00:35:48,060
Any public comment on that?

432
00:35:54,700 --> 00:35:57,660
Comments from the public coming back to the assembly for deliberation.

433
00:36:01,850 --> 00:36:04,590
No deliberation, Sarah, please call the roll.

434
00:36:06,310 --> 00:36:06,610
All right.

435
00:36:06,810 --> 00:36:13,350
On the consent agenda, the motion to approve that agenda consisting of items AB and C, Mr.

436
00:36:13,350 --> 00:36:13,870
Mr. Christensen?

437
00:36:14,130 --> 00:36:14,290
Yes.

438
00:36:14,630 --> 00:36:15,310
Ms. Riley?

439
00:36:15,670 --> 00:36:16,190
Yes.

440
00:36:16,530 --> 00:36:17,210
Mr. Moser?

441
00:36:17,410 --> 00:36:17,730
Yes.

442
00:36:17,970 --> 00:36:18,550
Mr. Selene?

443
00:36:18,750 --> 00:36:18,930
Yes.

444
00:36:19,190 --> 00:36:19,930
Ms. Carlson?

445
00:36:20,390 --> 00:36:20,570
Yes.

446
00:36:20,830 --> 00:36:21,530
And Mr. Yastat?

447
00:36:21,670 --> 00:36:21,930
Yes.

448
00:36:22,150 --> 00:36:23,450
The motion passes 6-0.

449
00:36:25,390 --> 00:36:29,750
We're moving along to item D. This is board commission committee's appointments.

450
00:36:30,450 --> 00:36:34,730
We have two people seeking reappointment for their respective commission committees.

451
00:36:35,270 --> 00:36:36,310
May I have a motion?

452
00:36:36,590 --> 00:36:40,470
I move to reappoint Rachel Worthy to a three-year term on the library commission.

453
00:36:40,470 --> 00:36:46,550
and Mary and Hall to a three-year term on the local emergency planning committee under a category eight members of the public.

454
00:36:47,090 --> 00:36:48,710
So again, is

455
00:36:51,460 --> 00:36:59,720
there any public comments on this motion to re-appoint these two individuals to their seats on their committee and commissions?

456
00:37:00,040 --> 00:37:03,580
Okay, all right, back to the assembly for deliberation.

457
00:37:04,380 --> 00:37:05,940
All right, Mr. Motion.

458
00:37:06,500 --> 00:37:09,020
Just wanted to say thank you for our first serving.

459
00:37:09,020 --> 00:37:09,680
Yes,

460
00:37:14,880 --> 00:37:18,940
we really value everyone who likes to volunteer for our Board Commission's committees.

461
00:37:19,380 --> 00:37:25,180
It's a very important role, and we thank you for your service.

462
00:37:26,100 --> 00:37:28,120
Right, Sarah, the roll call please.

463
00:37:29,100 --> 00:37:41,340
All right, on the motion to reappoint Rachel Worthy and Marianne Hall, Rachel to a three-year term in the Library Commission and Marianne to three-year term on the local emergency planning committee.

464
00:37:41,340 --> 00:37:46,840
Ms. Riley? Yes. Ms. Carlson? Yes. Mr. Moser? Yes.

465
00:37:47,180 --> 00:37:50,300
Mr. Yes, Dad? Yes. Mr. Christensen? Yes.

466
00:37:50,520 --> 00:37:51,500
And Mr. Selene? Yes.

467
00:37:51,760 --> 00:38:00,780
Motion passes 6-0 on item D. Thank you. With no unfinished business this evening, we're moving right along to new business.

468
00:38:01,600 --> 00:38:04,720
There are three items under new business. The first one.

469
00:38:05,680 --> 00:38:10,800
Item E is looking at a lease of the airport between the City and

470
00:38:10,800 --> 00:38:12,440
Berra of Sitka and Alaska Airlines.

471
00:38:12,700 --> 00:38:14,060
May I have a motion?

472
00:38:14,620 --> 00:38:19,860
I move to approve a terminal sub-lease between the City and Berra of Sitka and Alaska Airlines Incorporate.

473
00:38:20,260 --> 00:38:20,480
Second.

474
00:38:24,070 --> 00:38:28,530
Right, looking towards John here for an introduction to this item, please.

475
00:38:29,290 --> 00:38:29,910
Sure, thank you.

476
00:38:31,130 --> 00:38:35,690
As you know, the airport project is getting closer to completion and

477
00:38:35,690 --> 00:38:41,770
And one of the important steps with that is getting our subleases back in place now that we know what the spaces are actually going to look like.

478
00:38:42,510 --> 00:38:47,910
It's been quite the process to get here with Alaska Airlines, not on any fault of Alaska Airlines or the city.

479
00:38:47,990 --> 00:38:49,950
It's just the structure of the project.

480
00:38:50,690 --> 00:38:54,230
We've had leases and hold over for quite some time until this got done.

481
00:38:54,410 --> 00:38:57,830
Alaska Airlines is one of them and they are our prime tenant there.

482
00:38:58,470 --> 00:39:01,810
So as part of this process, the subleases have to be put together,

483
00:39:01,810 --> 00:39:17,630
They're basically reviewed for compliance with FAA aeronautical leases and then approved by the state since they are the, they're basically the prime less or we are a, we are a less e, or do I have that backwards?

484
00:39:18,130 --> 00:39:18,850
I don't remember which one.

485
00:39:20,130 --> 00:39:23,330
And then we're going to, just sub-lesa to Alaska Airlines.

486
00:39:24,270 --> 00:39:30,010
I can go through the terms that are here in the memo if anybody would like to hear questions about them.

487
00:39:30,550 --> 00:39:34,650
And if we get into some of the specifics, Mark CV's here, they can probably help me out.

488
00:39:34,730 --> 00:39:44,710
But I think the important thing to note is there's a big square footage increase with this new airport, more common areas.

489
00:39:44,710 --> 00:39:50,990
And the leases is built where common areas would be shared amongst airline operators.

490
00:39:50,990 --> 00:39:52,230
Well, we only have one now.

491
00:39:52,410 --> 00:39:58,110
So in this Alaska Airlines leases the, leases the common spaces that are used for

492
00:39:58,670 --> 00:39:59,670
aeronautical purposes.

493
00:40:00,290 --> 00:40:05,270
And if another airline happens to come in, it would be restructured to split that amongst them.

494
00:40:05,350 --> 00:40:07,590
But the exclusive area they pay a lease rate.

495
00:40:08,490 --> 00:40:14,690
The important things in the fiscal note is that presently we get about 277,000

496
00:40:14,690 --> 00:40:17,890
a year from Alaska Airlines, that was based on the old lease.

497
00:40:18,570 --> 00:40:27,410
Trying to get them up to the new aeronautical sub lease rate was a pretty big shock to the system which can translate into higher ticket costs.

498
00:40:27,790 --> 00:40:30,470
So what we worked out was a scaled increase.

499
00:40:30,750 --> 00:40:37,270
So 50% increase this year and then going to full rate next year from 277,000 annually.

500
00:40:37,270 --> 00:40:48,530
This next year they will pay $504,000 annually and then in FY28 it will go up to the full rate of $735,400 annually.

501
00:40:49,810 --> 00:40:58,350
And then after this lease will be working on the sub-leases for the non-aeronautical purposes, but hopefully I summed enough of it up there.

502
00:40:58,350 --> 00:41:01,670
Yes, thank you for that introduction.

503
00:41:02,550 --> 00:41:07,070
Now to public comments for any comments on this lease,

504
00:41:09,920 --> 00:41:13,000
the no public comment, back to

505
00:41:13,000 --> 00:41:13,980
the assembly for comment.

506
00:41:14,520 --> 00:41:15,000
Deliberation.

507
00:41:16,380 --> 00:41:17,460
All right, Tor.

508
00:41:17,680 --> 00:41:22,940
You're just going to thank John and his crew for slogging through this and I know it's a lot

509
00:41:22,940 --> 00:41:30,280
of, you know, a lot of work that I can forth to get this and it looks like we're going to start

510
00:41:30,280 --> 00:41:34,600
We're getting market rate again, so that would be good, and help keep that thing afloat.

511
00:41:36,380 --> 00:41:36,640
Kitty?

512
00:41:37,640 --> 00:41:40,040
Yeah, thank you for that introduction.

513
00:41:40,260 --> 00:41:47,720
Can you share a little bit more about the facility charges that customers might be facing reflected on their ticket?

514
00:41:47,880 --> 00:41:50,040
Did they give any indication of what that would look like?

515
00:41:50,120 --> 00:41:52,720
Or did they just say that they would be increased?

516
00:41:54,900 --> 00:42:03,340
I'm not getting any indication of what customers would see, and there aren't any special facility charges that should be passed through.

517
00:42:03,480 --> 00:42:09,760
I mean, passenger facility charges, if you see that on a ticket, that's a very different thing.

518
00:42:09,900 --> 00:42:17,620
A PFC is kind of like a CPV head tax where you have to have a reason that you are doing it, and it has to be for airport improvement projects.

519
00:42:17,620 --> 00:42:26,620
So we did have APFC to get this project on, but there shouldn't be anything on the tickets related to this lease cost.

520
00:42:28,020 --> 00:42:28,600
Thank you.

521
00:42:29,460 --> 00:42:29,940
Kevin.

522
00:42:30,420 --> 00:42:30,680
Thank you.

523
00:42:31,020 --> 00:42:31,720
Deputy Mayor.

524
00:42:33,060 --> 00:42:34,900
I just wanted to know what Tor said.

525
00:42:35,120 --> 00:42:36,000
Thank you very much.

526
00:42:36,180 --> 00:42:37,420
This couldn't have been easy.

527
00:42:38,080 --> 00:42:39,760
I'm trying to increase that.

528
00:42:40,820 --> 00:42:44,380
In that, I just ensure it wasn't something that they were quite expecting.

529
00:42:44,380 --> 00:42:49,300
But I think the thing remembers is that it was below market rate, so we're just adjusting the market.

530
00:42:49,700 --> 00:42:50,060
Thank you.

531
00:42:55,140 --> 00:42:57,720
Yeah, again, thanks for all your work on this.

532
00:42:59,360 --> 00:43:02,880
Yeah, happy that both parties are accepting of it.

533
00:43:03,240 --> 00:43:10,620
I am one thing I'm kind of curious about is, where does that put us now with the airport fund?

534
00:43:11,200 --> 00:43:18,420
Is it in the black, in the red, kind of where do we stand with everything that's been changing there?

535
00:43:18,420 --> 00:43:19,180
Are

536
00:43:22,100 --> 00:43:33,260
you given teasers from my report later tonight but I will be talking about some other airport issues later tonight, but this definitely gets us in a better position.

537
00:43:34,400 --> 00:43:39,800
I don't want to say we're going to be in the black obviously there's a discounted rate this year.

538
00:43:40,480 --> 00:43:48,060
We still have to get the other non-ironautical leases in place and like we've talked about at least over a year ago.

539
00:43:48,060 --> 00:43:55,840
So, we can't favor non-aeronautical over-aeronautical, so those lease rates for the non-aeronautical

540
00:43:55,840 --> 00:43:57,080
purposes will reflect that.

541
00:43:58,320 --> 00:44:03,820
And that will also help with the coverage of the expenses at the airport.

542
00:44:04,280 --> 00:44:06,860
And we'll be talking about parking soon, too.

543
00:44:14,770 --> 00:44:15,730
Thank you, John.

544
00:44:16,750 --> 00:44:25,230
So, this is based off of the square footage rate, $27 per square foot to start, and then jumping

545
00:44:25,230 --> 00:44:29,210
up to almost 40, and that is that aeronautical rate.

546
00:44:29,370 --> 00:44:35,230
So if we are to get a second airlines in here, would they also be paying those, or would

547
00:44:35,230 --> 00:44:37,190
that be a separate negotiation process?

548
00:44:37,550 --> 00:44:41,950
The way this lease is built is if another airline comes in, they will pay the same rate as

549
00:44:41,950 --> 00:44:42,650
Alaska Airlines.

550
00:44:43,830 --> 00:44:44,510
Thank you.

551
00:44:45,150 --> 00:44:49,930
And that being the prime purpose of the airlines, and you just mentioned anything else, is

552
00:44:49,930 --> 00:44:56,690
that an increased rate beyond that, we've got a restaurant, a gift shop, other services

553
00:44:56,690 --> 00:44:59,910
is there at the airport or you see those leases are.

554
00:45:00,000 --> 00:45:28,140
Two, come. Those are to come and just so I can talk about it here. Now, this airport was built with FAA, AIP money. And their view is, and I would agree, FAA money, you're building airports to be an airport. We're not building airports to be restaurants. We're not building airports to be gift shops. Now granted, there are those opportunities that present themselves in space.

555
00:45:30,600 --> 00:45:38,160
But primarily it is for aeronautical purposes and we cannot favor non-aeronautical over aeronautical.

556
00:45:39,900 --> 00:45:44,680
So do those, you know, some long-standing rental companies as well as restaurants?

557
00:45:45,300 --> 00:45:48,240
They're at the airport, are they aware of these increases?

558
00:45:48,760 --> 00:45:49,180
Yes.

559
00:45:49,560 --> 00:45:51,780
Yes they are, and they're most likely.

560
00:45:51,960 --> 00:45:54,900
So I don't want to say, you know, we've talked about others by talking about this,

561
00:45:54,900 --> 00:46:17,060
But there is a more to these leases because they are coming to us and one at a time, but kind of as an add-of-bundle is to make sure everyone understands this increases is happening, and that we're not going to be shocking any local small businesses by passing this lease tonight with the large carrier.

562
00:46:17,060 --> 00:46:26,960
Okay. It's a five year term with more to come in the future. Is that going to be an assembly review in five years?

563
00:46:26,960 --> 00:46:28,180
Or this to be internal?

564
00:46:30,880 --> 00:46:39,420
It's intended to be internal and we also have to keep in mind that any renewals will first have to go through the state since they are the prime leaseholded.

565
00:46:39,420 --> 00:46:42,540
Okay, thank you.

566
00:46:43,560 --> 00:46:46,040
Yeah, this is a very extensive packet.

567
00:46:46,220 --> 00:46:50,140
I appreciate you and your staff and your attorneys and all public works.

568
00:46:50,540 --> 00:46:52,960
You know, that have reviewed this.

569
00:46:53,120 --> 00:46:58,880
It definitely shows the need for a port director for doing things like this.

570
00:46:59,240 --> 00:47:02,720
So I hope that position comes back around in our next funding cycle,

571
00:47:03,740 --> 00:47:06,540
because this is definitely necessary.

572
00:47:06,540 --> 00:47:14,600
And important to have the people in place to do this big work, so not everything falls on the top two people in this organization.

573
00:47:14,980 --> 00:47:19,120
So, thank you for that. Any additional comments? Deliberation on this motion?

574
00:47:20,840 --> 00:47:21,220
Yeah, Katie.

575
00:47:21,820 --> 00:47:32,120
My question is just for Sarah, do we need to amend the motion to authorize the municipal administrator to execute the document or is it okay as it stands that part was left out?

576
00:47:32,120 --> 00:47:40,610
I'll catch that. Thank you. Yes. That part should be read on the record, please.

577
00:47:41,750 --> 00:47:45,730
Can I make a friendly amendment? Even though there is no such thing as a friendly

578
00:47:45,730 --> 00:47:47,430
amendment, I will let you.

579
00:47:50,630 --> 00:47:59,770
Go ahead. I move to a amendment. To add. I move to add an authorized

580
00:48:04,790 --> 00:48:09,550
Is there any public comment on the amendment motion?

581
00:48:10,130 --> 00:48:14,550
The motion that now reads move to approve a terminal sub-lease between the city and

582
00:48:14,550 --> 00:48:20,630
borough of Sitka and Alaska Airlines and authorize the municipal administrator to execute the document.

583
00:48:25,730 --> 00:48:32,590
Seeing no public comment on the amendment back to the assembly for deliberation on the amendment.

584
00:48:32,590 --> 00:48:33,330
All

585
00:48:37,140 --> 00:48:39,200
right, Sarah, roll call on the amendment, please.

586
00:48:44,560 --> 00:48:46,620
I should have just, is that not how we do it?

587
00:48:46,900 --> 00:48:47,560
No, you're fine.

588
00:48:47,720 --> 00:48:51,080
Okay, we don't, that's more like a clerical thing.

589
00:48:51,780 --> 00:48:53,020
Yeah, so we don't have to do it.

590
00:48:53,180 --> 00:48:55,720
All right, well let's just go back for the amendment.

591
00:48:55,940 --> 00:48:57,160
So we're just back at the main motion.

592
00:48:57,340 --> 00:48:58,360
Excellent, even better.

593
00:48:58,740 --> 00:48:59,340
Thank you.

594
00:49:00,280 --> 00:49:03,340
Any further discussion on the main motion?

595
00:49:05,670 --> 00:49:09,710
That never really changed because it was a friendly amendment.

596
00:49:10,450 --> 00:49:12,210
Okay, Sarah, please.

597
00:49:12,210 --> 00:49:14,390
Please let us vote not on the motion.

598
00:49:14,750 --> 00:49:15,390
Sorry about that.

599
00:49:16,070 --> 00:49:20,870
All right, so the motion before you is to approve terminal sublies

600
00:49:20,870 --> 00:49:25,850
between the city and Borosica and Alaska Airlines and to authorize

601
00:49:25,850 --> 00:49:28,670
the municipal administrator to execute the document.

602
00:49:29,050 --> 00:49:29,610
Mr. Christensen?

603
00:49:31,550 --> 00:49:32,330
Ms. Carlson?

604
00:49:32,730 --> 00:49:32,850
Yes.

605
00:49:33,210 --> 00:49:33,710
Mr. Selene?

606
00:49:33,930 --> 00:49:34,070
Yes.

607
00:49:34,370 --> 00:49:35,110
Mr. Yastad?

608
00:49:35,370 --> 00:49:35,630
Yes.

609
00:49:35,930 --> 00:49:36,330
Israeli?

610
00:49:36,670 --> 00:49:37,170
Yes.

611
00:49:37,510 --> 00:49:38,130
And Mr. Moser?

612
00:49:38,310 --> 00:49:38,670
Yes.

613
00:49:38,670 --> 00:49:41,230
motion passed the 6-0 on item E.

614
00:49:43,410 --> 00:49:45,150
Thank you, item F.

615
00:49:45,830 --> 00:49:51,570
I move to approve the hire of Brian McLaughlin as fire chief, as recommended by the municipal administrator.

616
00:49:51,870 --> 00:49:51,970
Second.

617
00:49:55,860 --> 00:49:58,720
John, do you have an introduction to this item, please?

618
00:49:59,240 --> 00:49:59,920
Sure, thank you.

619
00:50:00,560 --> 00:50:05,900
So this is kind of similar to what we did with hiring the police chief not too long ago.

620
00:50:06,680 --> 00:50:12,860
Since we've restructured some of the supervisory roles have transferred to the assistant municipal

621
00:50:12,860 --> 00:50:19,240
administrator and the fire chief is one of those positions, however our code having not

622
00:50:19,240 --> 00:50:26,320
been updated since 1972 on this still talks about department heads and it's kind of a

623
00:50:26,320 --> 00:50:32,260
loose definition on what a department head is, but it does say in charter that the municipal

624
00:50:32,260 --> 00:50:39,040
administrator does the hiring and termination actions subject to approval of the assembly.

625
00:50:39,040 --> 00:50:44,900
So that's why that item is before you tonight and what you will see in the packet is my endorsement

626
00:50:44,900 --> 00:50:50,320
letter on the recommendation from the Assistant Municipal Administrator on recommending the

627
00:50:50,320 --> 00:50:53,360
hire of Brian McLaughlin for this role.

628
00:50:54,720 --> 00:51:01,140
So I don't want to take all his thunder but Josh is available if questions come up but I'll

629
00:51:01,140 --> 00:51:02,280
leave it at that for the introduction.

630
00:51:03,540 --> 00:51:05,780
Thank you for that introduction.

631
00:51:06,600 --> 00:51:09,940
Moving on to public comments, sir.

632
00:51:33,460 --> 00:51:36,460
Thank you, Madam Assistant Mayor and Council.

633
00:51:37,380 --> 00:51:41,640
As I stated previously, my name is Jeffrey Reinhardt and I'm a physician in Sitka.

634
00:51:43,180 --> 00:51:50,280
I believe I have some unique skills and some experiences and I would like to speak on behalf

635
00:51:50,280 --> 00:51:51,640
of Captain McLaughlin.

636
00:51:52,560 --> 00:51:58,700
I've known Captain McLaughlin since he has family moved to town, I know them socially as

637
00:51:58,700 --> 00:51:59,780
well as professionally.

638
00:52:01,440 --> 00:52:09,340
In another life, my last military occupational specialty was as a utility helicopter repairman

639
00:52:09,340 --> 00:52:11,960
I've had some flight time.

640
00:52:11,960 --> 00:52:21,500
And it's my opinion that it get them to go off then is somebody could classify as a

641
00:52:21,500 --> 00:52:29,380
born leader who had the opportunity to serve for a number of years in the Coast Guard

642
00:52:29,380 --> 00:52:33,280
which provided him the training to become an excellent leader.

643
00:52:34,340 --> 00:52:41,440
I've not witnessed his work, but I have worked with more than one of his airmen and rescue

644
00:52:41,440 --> 00:52:48,180
these swimmers and to a person they all spoke so highly of their desire to continue to work

645
00:52:48,180 --> 00:52:49,860
under Captain McLaughlin.

646
00:52:52,020 --> 00:52:56,140
I had previously worked with the fire department as a lieutenant with the dive team.

647
00:52:57,760 --> 00:53:04,040
And under different circumstances, if I could continue that, I would be absolutely honored

648
00:53:04,040 --> 00:53:10,640
to continue to serve in that capacity, under the Captain McLaughlin, if he's hired as

649
00:53:10,640 --> 00:53:10,940
a chief.

650
00:53:11,360 --> 00:53:16,160
I can't think of a better individual, somebody more suited to lead people.

651
00:53:16,340 --> 00:53:22,220
He understands how to teach and coach.

652
00:53:23,000 --> 00:53:28,920
He knows when it's time to get the book out and put them down and get things done.

653
00:53:29,640 --> 00:53:40,700
So my experiences and based on my opinion I think he would be an excellent hire and an excellent addition to leadership in the fire department.

654
00:53:42,380 --> 00:53:43,200
Thank you.

655
00:53:44,910 --> 00:53:45,790
Thank you, sir.

656
00:53:46,470 --> 00:53:54,590
Any additional public comment on the hiring of Brand McLaughlin for the role as fire chief?

657
00:53:59,060 --> 00:54:01,280
Seeing none, back to the assembly for deliberation.

658
00:54:05,570 --> 00:54:13,530
I'd like to have the sheath come up as the interim one last time tells about what's been

659
00:54:13,530 --> 00:54:13,850
going on.

660
00:54:13,950 --> 00:54:21,330
Although I was expecting you in uniform honestly, so I would maybe borrow one from Craig maybe

661
00:54:21,330 --> 00:54:22,070
if you don't know.

662
00:54:24,410 --> 00:54:27,810
The pants would have been a little short for if I were Craig's.

663
00:54:28,430 --> 00:54:28,870
I

664
00:54:31,970 --> 00:54:44,890
guess just saying how mainly I was going to say welcome, but also just what your thoughts on you know, you've been with the department, you know, in this chair for a few months and what change what how it's going.

665
00:54:47,100 --> 00:55:01,160
All right. Thank you. Deputy Mayor assembly. Thank you for having me. It's been right around four months in a couple days since I began the interim job and it's been a little exhausted from running the whole time.

666
00:55:01,160 --> 00:55:19,680
It's been a whirlwind of learning and growing with the Fire Department as we move to grow as a team, build new systems of training and safety and policy to make sure that we are serving the community as best possible.

667
00:55:20,280 --> 00:55:24,600
I think it's going really well so far, I've been working.

668
00:55:25,100 --> 00:55:31,840
My primary job in there is to earn the trust of the men and women who put their lives on the line every day.

669
00:55:33,140 --> 00:55:38,340
And to do that, I need to be there as much as possible working alongside them and

670
00:55:38,340 --> 00:55:45,700
getting them the resources they need and that's been my primary focus so that they can then go out and serve the community as best as we can.

671
00:55:46,180 --> 00:55:59,400
So in that my continued mission will be that should I be voted in my first act as full chief will be to hire a deputy chief

672
00:55:59,400 --> 00:56:01,460
though, I would tell you what, I need some help with the paperwork.

673
00:56:02,100 --> 00:56:11,040
But it's been an excellent opportunity to serve within this community and with the men and women of the fire department.

674
00:56:11,040 --> 00:56:20,280
And my background is managing men and women in high risk operational environments.

675
00:56:20,960 --> 00:56:24,880
And this is very similar with a slightly different bent.

676
00:56:25,060 --> 00:56:27,500
I'm not in a helicopter this time, which I miss.

677
00:56:28,020 --> 00:56:30,400
But driving fire trucks is pretty darn cool as well.

678
00:56:31,040 --> 00:56:34,720
So we've had a couple fires recently.

679
00:56:34,920 --> 00:56:37,800
We've had a lot of EMS calls throughout.

680
00:56:37,800 --> 00:56:42,900
out, and we've got to work through those together, as the

681
00:56:42,900 --> 00:56:43,720
danger goes off now.

682
00:56:44,340 --> 00:56:45,400
We'll catch that later.

683
00:56:48,400 --> 00:56:53,220
And I've got to work with these men and women to save

684
00:56:53,220 --> 00:56:56,160
property and hundreds of thousands of dollars of property

685
00:56:56,600 --> 00:57:00,060
because of their quick actions and their expertise on the job.

686
00:57:00,920 --> 00:57:04,340
And managing operations is what I love and working with people

687
00:57:04,340 --> 00:57:06,020
who do the operations is what I love.

688
00:57:06,020 --> 00:57:11,020
I can consider myself incredibly fortunate to be in that position and look forward to any opportunity to continue to do so.

689
00:57:14,690 --> 00:57:19,270
Any other questions for the next chief as he's sitting here?

690
00:57:20,630 --> 00:57:21,770
All right, thank you.

691
00:57:23,750 --> 00:57:25,450
Deliberation from the Assembly? Kevin.

692
00:57:26,270 --> 00:57:30,870
Yeah, I just want to say I'm grateful.

693
00:57:31,270 --> 00:57:32,250
Thank you for serving.

694
00:57:32,670 --> 00:57:35,750
I think we're going to be very fortunate to have you on board full time.

695
00:57:36,270 --> 00:57:41,930
thank you for doing that. I just think that I've only heard good things about you

696
00:57:41,930 --> 00:57:47,790
and my interactions with you when working on other things and then seeing you

697
00:57:47,790 --> 00:57:52,770
at the fire hall have been nothing but top notch. Thank you.

698
00:57:54,190 --> 00:57:58,330
Yeah, so I don't think it's a conflict because it's no pay, but I am also a member of

699
00:57:58,330 --> 00:58:04,130
department and I've also had a number of people, I won't say who embarrass them

700
00:58:04,130 --> 00:58:13,970
I'm independently come up and endorse Brian, so I'm enthusiastically planning and putting yes and I think the department's in good hands.

701
00:58:14,790 --> 00:58:22,770
I understand that we may not have him forever, but I think he'll leave the department in better shape when he leaves than when he started.

702
00:58:23,190 --> 00:58:25,230
So look forward to working with him.

703
00:58:30,380 --> 00:58:34,860
Yeah, I definitely plan on approving Brian as our chief.

704
00:58:37,480 --> 00:58:43,200
He obviously has a great background to give him the tools to be a leader, to fill this

705
00:58:43,200 --> 00:58:43,500
role.

706
00:58:45,500 --> 00:58:52,180
Just in his few short months as interim, he had some pretty big cases come up, and from

707
00:58:52,180 --> 00:58:56,480
everything I've heard handled extremely well and haven't heard one bad thing.

708
00:58:56,480 --> 00:58:59,660
So, you know, he got challenged right off the bat,

709
00:58:59,960 --> 00:59:03,800
though he had never been in this role completely before

710
00:59:03,800 --> 00:59:05,160
and did well.

711
00:59:05,480 --> 00:59:10,200
So, yeah, I think we're extremely lucky

712
00:59:10,200 --> 00:59:12,980
to have him apply for this position,

713
00:59:13,220 --> 00:59:14,780
and I know he's really pouring his heart

714
00:59:14,780 --> 00:59:17,760
into this community, so I think he's going to do just great.

715
00:59:18,280 --> 00:59:21,260
And he cleans up very nicely, so, yeah.

716
00:59:25,020 --> 00:59:28,200
I had quite a few calls, decades of experience

717
00:59:28,200 --> 00:59:36,360
at the fire hall and the last couple that I had really that I got total faith in Brian

718
00:59:36,360 --> 00:59:46,460
taking this job and that's all I got to say Katie yeah as well just echo and reiterate

719
00:59:46,460 --> 00:59:51,660
what everyone said really appreciate the work you're doing I don't know who convinced you

720
00:59:52,320 --> 00:59:57,400
after an interim position that you were like you had to say but if you took that of your

721
00:59:57,400 --> 00:59:59,540
your own accord that's fantastic for our whole community. So

722
01:00:00,000 --> 01:00:15,580
Thank you for stepping up to the plate there. And yeah, I'm just, I'm really happy to hear that your priority is to build trust with your staff. I think you have a great staff over there. And they have also been in communicative and supportive of your leadership. And so glad to hear that that's a priority and look forward to where you take the department.

723
01:00:21,910 --> 01:00:23,270
Any additional deliberation?

724
01:00:25,720 --> 01:00:26,100
Right, sir.

725
01:00:29,170 --> 01:00:38,990
Right on the motion to approve the hire of Brian McLaughlin as fire chief, Ms. Carlson. Yes, Ms. Bradley.

726
01:00:38,990 --> 01:00:45,850
Assembly. Yes. Mr. Selene. Yes. Mr. Moser. Yes. Mr. Yastad. Yes. Mr. Christensen. Yes.

727
01:00:46,150 --> 01:00:52,630
The motion passes 6-0 on item F. It being the top of the hour. Let's take a break. Assembly

728
01:00:52,630 --> 01:00:59,970
members, return to your seats. We'll do about five minutes. Assembly is seated and we are

729
01:01:00,790 --> 01:01:09,430
reconvened. Looking at our agenda, we're moving on to item G. Now item G has a little bit

730
01:01:09,430 --> 01:01:16,310
different kind of procedural kind of things we need to go over first. It's not our tip

731
01:01:16,310 --> 01:01:20,630
of call kind of policy work this evening for this item. We're looking at an appeal.

732
01:01:21,370 --> 01:01:27,890
So there is more steps that has to happen before we make that motion. My motion will be at

733
01:01:27,890 --> 01:01:36,550
the end. In advance of that, we're looking at the appeal to the assembly of the municipal

734
01:01:36,550 --> 01:01:43,250
clerks' determination, the public records requested filed by Austin J. Cranford dated June

735
01:01:43,250 --> 01:01:50,570
23, 2026. So in this administrative appeal hearing, we're going to be stepping into. We're

736
01:01:50,570 --> 01:01:55,250
not reconvening as the Board of Adjustments or Board of Equalization, but it's a similar

737
01:01:55,250 --> 01:01:58,530
are kind of quasi-judicial kind of proceedings.

738
01:01:59,430 --> 01:02:03,330
So it is different than our typical kind of discussion.

739
01:02:03,970 --> 01:02:06,050
We're going to be very narrow on our scope,

740
01:02:06,830 --> 01:02:09,350
what we can deliberate on when we get to that

741
01:02:09,350 --> 01:02:11,450
based on the evidence to be here tonight

742
01:02:11,450 --> 01:02:12,730
and what was included in the packet.

743
01:02:14,290 --> 01:02:17,670
So what we're going to see here when we start this appeal

744
01:02:18,430 --> 01:02:22,410
will be 10 minutes from the appellant to present evidence

745
01:02:22,410 --> 01:02:25,710
and argument, then 10 minutes from the municipality.

746
01:02:26,450 --> 01:02:29,210
I believe the attorney will be speaking,

747
01:02:29,490 --> 01:02:31,810
when we have of the clerks.

748
01:02:32,910 --> 01:02:34,870
Then it goes back to the appellant for five minutes

749
01:02:35,610 --> 01:02:37,950
and then the municipal attorney again,

750
01:02:38,050 --> 01:02:40,110
for response and clarifying statement.

751
01:02:40,650 --> 01:02:41,690
So 30 minutes total,

752
01:02:42,430 --> 01:02:44,710
then that gives the assembly a time to deliberate

753
01:02:45,010 --> 01:02:48,610
and then we'll make a motion and move on from there.

754
01:02:48,610 --> 01:02:57,530
So, we do have Rachel here now in advance of her becoming that role of municipal representative.

755
01:02:58,270 --> 01:03:06,410
So, some procedural advice for Rachel, help us kind of reframe, remind us of what this

756
01:03:06,410 --> 01:03:12,190
quasi-judicialness looks like and what we should be hearing and seeing and doing.

757
01:03:12,190 --> 01:03:18,010
Sure. So just to clarify, so typically your role is legislative and policy based, you're

758
01:03:18,010 --> 01:03:24,350
making decisions that affect everyone. In quasi judicial proceedings you're taking the

759
01:03:24,350 --> 01:03:29,270
code and the policies and procedures that have been applied and reviewing if they were applied

760
01:03:29,270 --> 01:03:34,470
correctly to an individual's circumstances. In this case the levels of appeal were the clerks

761
01:03:34,470 --> 01:03:43,210
and then the administrator, so you'll be reviewing the application of ordinances and procedures

762
01:03:43,210 --> 01:03:50,010
to the appellants' particular circumstances, not making public policy.

763
01:03:51,390 --> 01:03:58,330
Yes, and that's why we have different rules like, you know, we can't talk to others in

764
01:03:58,330 --> 01:04:03,010
advance of appeals, because then it would be expert communication and that would be

765
01:04:03,010 --> 01:04:04,330
become a conflict of interest.

766
01:04:04,910 --> 01:04:09,930
So to start, is anyone here needing to ask for a recusal?

767
01:04:10,830 --> 01:04:12,490
Anyone had a conflict?

768
01:04:13,270 --> 01:04:14,970
Any conversations about this?

769
01:04:15,470 --> 01:04:16,690
Appeal in advance, tonight?

770
01:04:17,770 --> 01:04:18,310
Thank you.

771
01:04:22,190 --> 01:04:25,190
Let's go over Rachel while we have you.

772
01:04:26,290 --> 01:04:29,810
What in that deliberation piece for the assembly

773
01:04:29,810 --> 01:04:40,010
We later on after that evidentiary discovery time, help guide us on what our scope would

774
01:04:40,010 --> 01:04:42,410
be for what we can talk about in deliberation.

775
01:04:43,230 --> 01:04:50,070
So the subject matter in appeal is set by the appellant what issues from the decision

776
01:04:50,070 --> 01:04:57,190
that was made that they're appealing and so you're deciding whether to grant or deny the

777
01:04:57,190 --> 01:04:58,990
really requested by Mr. Krampard.

778
01:05:00,270 --> 01:05:07,830
Okay. Thank you. And as the deputy mayor, I'll be, you know, keeping everything germane

779
01:05:07,830 --> 01:05:15,290
to that topic. So if we stray or move beyond, they're talking about other things, I'll

780
01:05:15,290 --> 01:05:18,790
be here to guide us back to that kind of limited scope.

781
01:05:20,550 --> 01:05:25,330
Any anything else in advance, Rachel, that we,

782
01:05:28,740 --> 01:05:31,820
are there questions on procedure from the

783
01:05:31,820 --> 01:05:39,560
assembly? Any specifics here? I don't understand. This is different. Yes, Kevin.

784
01:05:40,040 --> 01:05:44,640
Thank you. Will we be able to, during deliberation, ask you or the appellant follow-up questions?

785
01:05:45,300 --> 01:05:50,860
You're able to ask me or the appellant questions and any witnesses that voluntarily appear

786
01:05:50,860 --> 01:05:55,060
on behalf of either of those parties, but there is no subpoena power in these proceedings.

787
01:05:55,600 --> 01:05:56,000
Thank you.

788
01:05:56,300 --> 01:05:56,660
Any

789
01:06:00,820 --> 01:06:06,900
additional questions about procedure for this appeal, we're about to hear.

790
01:06:10,830 --> 01:06:17,370
Yes, and since Rachel will be becoming representative, she'll be kind of moving to the audience and then stepping forward to the table.

791
01:06:18,010 --> 01:06:25,370
But if we have questions later on about proper procedure, we wouldn't be able to ask them because she switched over into that role.

792
01:06:25,370 --> 01:06:26,910
So now is our time.

793
01:06:29,170 --> 01:06:29,250
Okay.

794
01:06:30,450 --> 01:06:30,950
All right.

795
01:06:31,170 --> 01:06:34,630
So let's move on to that first 10 minutes.

796
01:06:34,770 --> 01:06:35,430
Rachel, please.

797
01:06:35,710 --> 01:06:36,730
During the audience.

798
01:06:37,590 --> 01:06:38,070
Appellant.

799
01:06:39,330 --> 01:06:41,050
Austin, W. Cranford, please.

800
01:06:41,410 --> 01:06:46,990
Come and give 10 minutes to present your evidence and argument.

801
01:06:57,330 --> 01:06:58,790
Mayor, members of the assembly.

802
01:06:58,950 --> 01:06:59,970
My name is Austin Cranford.

803
01:07:00,470 --> 01:07:02,690
I want to clear two things up before I continue.

804
01:07:02,690 --> 01:07:07,870
first in an email I wrote that the portal language changed within about 24 hours of Mr.

805
01:07:08,070 --> 01:07:14,910
Leach's July 6th message. My exhibits prove it changed sometime between June 15th and July 7th.

806
01:07:14,910 --> 01:07:21,990
I'm correcting it to what the evidence shows, rather than my speculations that were stated in my

807
01:07:21,990 --> 01:07:29,110
July 6th message. Second, on July 10th, I identified items 4, 5, and 6 as the refused portion. My brief

808
01:07:29,110 --> 01:07:33,030
if identifies item six, and item six is what I am asking you to decide tonight.

809
01:07:34,210 --> 01:07:36,090
What I want is narrow and easy to give.

810
01:07:36,230 --> 01:07:41,870
The city's digital portal requires every online requester to sign a certificate of non litigation affiliation

811
01:07:41,870 --> 01:07:44,790
and runs the request through a set of automated narrowing prompts.

812
01:07:45,250 --> 01:07:46,390
The paper form does neither.

813
01:07:46,810 --> 01:07:53,290
So I ask the city to identify the ordnance statute, opinion, directive, or memo behind those extra requirements on the digital side.

814
01:07:54,250 --> 01:07:56,210
I did not ask anyone to write me an essay.

815
01:07:56,210 --> 01:08:00,050
They only what rule or rules this is based on and who decided it.

816
01:08:00,250 --> 01:08:01,250
This is the whole appeal.

817
01:08:01,950 --> 01:08:04,750
Let's start with what happened between July 6 and July 10th.

818
01:08:04,750 --> 01:08:09,970
On July 6th, at 11.37 in the morning, Mr. Leach asked me to identify what public record was denied.

819
01:08:10,350 --> 01:08:15,150
I responded later that day, that same afternoon at 4.45, he wrote, and I am quoting.

820
01:08:15,490 --> 01:08:17,370
I don't think I understand what you are appealing.

821
01:08:17,610 --> 01:08:21,290
Are you appealing the denial of any records that you requested?

822
01:08:21,290 --> 01:08:28,350
The next morning at 801 he asked a third time what public record did you request that was denied and what specific relief are you seeking?

823
01:08:28,850 --> 01:08:33,310
Two days after that Miss Peterson asked me to come to City Hall so she could better understand the appeal.

824
01:08:33,790 --> 01:08:38,870
Four times the city told me my request was not specific enough to appeal and asked me to name a document.

825
01:08:39,270 --> 01:08:49,130
On July 9th I did exactly that stating any communication ticket or instruction directing or authorizing the certification language and the narrowing tips on the portal including the July edit.

826
01:08:49,650 --> 01:08:52,410
Now look at page five of the municipal attorney's memo.

827
01:08:52,930 --> 01:08:57,230
It says that email quote does actually ask for documents, which is what Mr.

828
01:08:57,370 --> 01:08:58,810
Cranford's item six failed to do.

829
01:08:59,110 --> 01:09:04,350
And then it says that because I asked for documents, I filed a new request, which has to start over at the clerk's desk, and

830
01:09:04,350 --> 01:09:06,430
which this assembly has no jurisdiction to hear.

831
01:09:06,790 --> 01:09:10,890
So the city's position comes to this, item six was too vague to be a records request.

832
01:09:11,450 --> 01:09:17,550
And that the email, sorry, and the email that made it specific, which I wrote because the city asked

833
01:09:17,550 --> 01:09:21,470
me to make it specific is a separate request that starts the clock over.

834
01:09:21,750 --> 01:09:26,370
So a requester who answers the city's own demand for clarification has just filed a new request,

835
01:09:26,570 --> 01:09:28,310
and lost the appeal he was trying to perfect.

836
01:09:28,830 --> 01:09:34,690
Under that reading, nobody in SICKA can ever bring one of these appeals because answering the city is the thing that ends it.

837
01:09:35,370 --> 01:09:40,150
Now I will admit in my own packet, I use the incorrect word and call the email a supplemental request.

838
01:09:40,310 --> 01:09:43,210
It was not a supplemental request because it did not add a new subject.

839
01:09:43,210 --> 01:09:50,690
It answered the question the city asked me four separate times about the subject already in front of you specifically what put the certification on that portal.

840
01:09:52,410 --> 01:09:56,930
It is a clarification of item six the city requested and it relates back to June 23rd.

841
01:09:57,310 --> 01:10:03,930
You do not have to take my word for the subject matter being the same. Read the June 23rd request and the July 9th email side by side.

842
01:10:04,230 --> 01:10:10,450
Both are about certification and the narrowing tips on the next request portal. There is one subject in this file and there has always been one subject.

843
01:10:10,450 --> 01:10:19,450
The second thing I want to point out is on pages 4 and 5 of that same city memo where the city takes two positions that cannot both be true.

844
01:10:19,830 --> 01:10:28,570
Page 4 says that if the reasoning behind the portals configuration had ever been written down, it would exist as a legal opinion and administrative directive or a policy memorandum.

845
01:10:28,850 --> 01:10:33,350
Those are items 3, 4 and 5. And the clerk searched all three and confirmed they do not exist.

846
01:10:33,350 --> 01:10:40,430
This, the memo says item 6 gave the clerk no additional search terms, no additional custodian, and no additional category of records.

847
01:10:40,870 --> 01:10:46,970
Page 5 says my July 9th email seeks quote a different category of records, both cannot be right.

848
01:10:47,110 --> 01:10:51,950
If a vendor ticket or a staff email saying add this paragraph is a different category of record,

849
01:10:52,310 --> 01:11:00,590
then it was never inside the three the clerk search, which means those three nonexist answers do not tell you that nothing documents the portals configuration.

850
01:11:00,590 --> 01:11:04,350
They tell you that three particular document types do not exist.

851
01:11:05,050 --> 01:11:09,990
And while I think that not having those documents as an error on the part of the city that is not the purpose of this appeal.

852
01:11:11,730 --> 01:11:20,710
Lastly, also on page five, the city describes the documents I am after more precisely than I did in my own request, proving that there is no genuine confusion about what is being sold.

853
01:11:21,090 --> 01:11:28,990
What the city has not done on its own account is look, its position is that it does not have to be because the request was quote not properly filed.

854
01:11:28,990 --> 01:11:35,710
This argument about procedure directly violates the Alaska Public Records Act, mandate of broad construction in favor of access.

855
01:11:36,070 --> 01:11:44,650
Furthermore, the city has an explicit mandatory duty to make reasonable efforts to assist requesters and clarify files rather than weaponize or madding to deny them.

856
01:11:45,130 --> 01:11:53,890
This procedure obstruction is the one thing standing between this assembly and the answer, and closing it takes a single afternoon of someone's time as legally required by the act.

857
01:11:54,770 --> 01:12:03,630
on whether item 6 was a refusal read the ordinance this body wrote sick of general code 1.21.040 section

858
01:12:03,630 --> 01:12:11,950
E says quote in the event an individuals request information and is refused the word there is

859
01:12:11,950 --> 01:12:16,990
information not records I requested information and the answer I got was that my request was not the

860
01:12:16,990 --> 01:12:22,710
kind of thing that covers that is a refusal to act on a request and the drafters chose that word

861
01:12:22,710 --> 01:12:25,530
because it's brought enough to cover things like what is happening now.

862
01:12:26,510 --> 01:12:30,690
On the certification itself, the municipal attorney's memo runs six pages and never says

863
01:12:30,690 --> 01:12:32,150
the certification is authorized.

864
01:12:32,650 --> 01:12:34,350
It says the question is not before you.

865
01:12:34,790 --> 01:12:35,510
Notice what that means.

866
01:12:35,690 --> 01:12:41,550
The city's lawyer has briefed this and has not told you where the authority is for this particular

867
01:12:41,550 --> 01:12:41,850
item.

868
01:12:42,270 --> 01:12:49,610
The one section the administrator pointed to is Secre General Code 1.20.060 litigation disclosure.

869
01:12:49,610 --> 01:12:53,430
It is short, and it is in your packet, and I would encourage you to read it yourselves.

870
01:12:53,870 --> 01:12:54,650
It does one thing.

871
01:12:54,770 --> 01:12:59,450
It says a record remains a public record, subject to disclosure, even when it is relevant

872
01:12:59,450 --> 01:13:00,030
to litigation.

873
01:13:00,650 --> 01:13:04,490
Its only effect on a litigant is to route this particular records through court procedure.

874
01:13:05,030 --> 01:13:10,350
In Basie 2017, the Alaska Supreme Court read the state twin in that provisionarily.

875
01:13:10,590 --> 01:13:15,170
It applies only where the litigation involves a public agency as defined by the act.

876
01:13:15,770 --> 01:13:17,710
Now, read what the portal actually says.

877
01:13:17,710 --> 01:13:27,550
It has every requester certified that they are not in litigation with the city of SICKA or with any other public agency in which the requested record is potentially relevant.

878
01:13:28,170 --> 01:13:42,990
Take the plain case, a person in a dispute with the state B&B or with the school district somewhere else in Alaska cannot truthfully sign this form if a SICKA record might turn out to be relevant to it, that blocks their entire request on any subject, even though SICKA is not party to anything.

879
01:13:42,990 --> 01:13:48,870
And SICA General Code 1.20.060 reaches only litigation involving this municipality.

880
01:13:49,350 --> 01:13:54,070
When that section does not apply, its effect is to send the requester to discovery in

881
01:13:54,070 --> 01:13:56,390
the case they are already in, not deny records.

882
01:13:57,010 --> 01:14:00,370
In the example I just gave, there is no case against SICA to send anyone to.

883
01:14:00,510 --> 01:14:04,010
The form closes the door and the ordinance does not open another one.

884
01:14:04,370 --> 01:14:09,530
I would also point out that the oath asks a requester to certify that a record is not

885
01:14:09,530 --> 01:14:12,790
not potentially relevant to their case before they have seen the record.

886
01:14:13,030 --> 01:14:20,330
Nobody can honestly make that judgment about a document they have not read unless the city is keeping a crystal ball hidden somewhere that I am unaware of.

887
01:14:20,870 --> 01:14:26,270
The certification is broader than the provisions at sites and it also does not explain why the paper form has none of it.

888
01:14:27,010 --> 01:14:31,070
Section E of the city's memo says any record of the edit came after the response.

889
01:14:31,730 --> 01:14:33,710
So it cannot make the response incomplete.

890
01:14:33,910 --> 01:14:38,730
My exhibits show the language changed sometime between June 15th and July 7th.

891
01:14:38,730 --> 01:14:41,610
and that window covers the entire life of my request.

892
01:14:42,270 --> 01:14:48,230
To the point the certification in the narrowing tips were already owned the portal on June 15th before I filed.

893
01:14:48,690 --> 01:14:52,650
Any record of who put them there was created before my request, not after.

894
01:14:53,110 --> 01:14:54,670
Section E does not apply here.

895
01:14:56,030 --> 01:14:57,810
Three forms of relief are in my brief.

896
01:14:57,810 --> 01:14:59,970
The 3rd suspending the port of the-

897
01:15:00,640 --> 01:15:27,380
Chair, is admittedly the weakest and I'm not going to pretend otherwise. The municipal attorney is right in her brief that an appeal from a records determination is not the tool for redesigning an intake form. However, I'm not withdrawing it, but I would rather you rule on the other two on their merits than deny all three. If any member wants the portal question, the administrator in the attorney have both told me the route is a motion of this body, and I would welcome one. The second is what I came for. Direct the clerk to run one search and document.

898
01:15:27,380 --> 01:15:34,000
and emails, support tickets, vendor correspondence, and change logs concerning the certification and

899
01:15:34,000 --> 01:15:39,620
narrowing tip language on the next request portal from the Portus Procurement through July 7th, 2026.

900
01:15:40,020 --> 01:15:44,920
In the clerk's office, legal, and IT departments, if nothing exists, put that in writing and

901
01:15:44,920 --> 01:15:46,340
I will accept it and this is over.

902
01:15:46,840 --> 01:15:49,840
The city has twice told me to file a new request for exactly this.

903
01:15:50,060 --> 01:15:51,360
It is the same search either way.

904
01:15:51,460 --> 01:15:56,120
The only question is whether I get it this week or in October after another one of these meetings.

905
01:15:57,020 --> 01:16:13,940
There are only two possibilities here, either there is a documented basis for these requirements in which case the search finds it and the city is better off for having produced it or there is not, in which case you have learned something worth knowing about a portal, this body paid $21,000 for, it cannot be both and the only way to find out is to look.

906
01:16:14,400 --> 01:16:20,740
The paper form and digital form should ask the same thing of the same public. Right now they do not, nobody has been able to say why. Thank you.

907
01:16:20,740 --> 01:16:21,700
Thank

908
01:16:24,580 --> 01:16:27,980
you, Mr. Cranford, for your presentation of evidence and argument.

909
01:16:29,340 --> 01:16:35,180
Now, municipal attorney will present for,

910
01:16:40,630 --> 01:16:45,310
now the municipal attorney will present the

911
01:16:45,310 --> 01:16:47,410
evidence and argument for the city.

912
01:16:47,970 --> 01:16:48,250
Thank you.

913
01:16:48,710 --> 01:16:49,130
Thank you.

914
01:16:49,430 --> 01:16:49,770
Ten minutes.

915
01:16:49,870 --> 01:16:51,890
Madam Deputy Mayor, members of the assembly.

916
01:16:52,590 --> 01:16:57,430
I'd like to say at the outset that I appreciate Mr. Cranford conceding that his third request

917
01:16:57,430 --> 01:17:00,310
the request is not appropriate relief in this proceeding.

918
01:17:01,090 --> 01:17:09,570
I stand by that position and the alternative methods for obtaining the relief he requested in item three.

919
01:17:11,550 --> 01:17:16,390
Just going to go through the items of relief kind of one at a time here.

920
01:17:17,210 --> 01:17:23,870
Starting with item two, where Mr. Krampard requested, those additional documents, which are in fact documents.

921
01:17:23,870 --> 01:17:28,610
The problem with that is not that they can't be searched for, they can be.

922
01:17:29,030 --> 01:17:33,510
And as Mr. Cranford said, the city's position is that needs to be a new records request.

923
01:17:34,170 --> 01:17:43,230
Because those categories of document were submitted by him after the public records request that underlies this appeal closed.

924
01:17:43,790 --> 01:17:48,930
That discussion and that email happened after he got his response from the clerks.

925
01:17:48,930 --> 01:17:54,190
And it's a jurisdictional issue that about what can be appealed to the Spiror Court.

926
01:17:54,910 --> 01:18:07,730
So Mr. Cranford can't get those communications tickets or instructions about why the website changed in this appeal because they were not part of the underlying request.

927
01:18:08,270 --> 01:18:12,990
That underlying request was analyzed by the administrator and now is before you.

928
01:18:12,990 --> 01:18:18,090
And if it continues before it should Mr. Cranford appeal, it would be before the Superior Court.

929
01:18:20,170 --> 01:18:26,210
And that review can't include things that were not asked for prior to the clerks' determination.

930
01:18:26,510 --> 01:18:27,730
That has to be a new request.

931
01:18:27,750 --> 01:18:29,490
It's a jurisdictional issue.

932
01:18:31,110 --> 01:18:37,610
As to item six, the legal framework, the question before you is whether that's a document or not.

933
01:18:37,610 --> 01:18:53,190
But the city's briefing did not get into the question of whether the language on the public portal was correct, was the best language available should river rise, why it was revised because those are investigative questions, who made this decision, why did it change?

934
01:18:54,030 --> 01:19:06,060
That's not a request for a document that's a request for content kind of going back to what happened in the last public records requests that Mr.

935
01:19:06,060 --> 01:19:11,260
Dr. Cranford had, we were discussing what is research and analysis that the clerk's office

936
01:19:11,260 --> 01:19:17,120
cannot be asked to do and what is grabbing a document, which is proper within the forum.

937
01:19:18,800 --> 01:19:21,580
A legal framework is an idea.

938
01:19:22,220 --> 01:19:24,540
It's actually the result of attorney work, right?

939
01:19:24,720 --> 01:19:30,120
So a lawyer sits down, looks at the facts that are happening, looks at the web page, looks

940
01:19:30,120 --> 01:19:34,800
at the options available on the web page, looks at the governing law, applies their experience,

941
01:19:34,800 --> 01:19:39,540
It makes an opinion, conducts analysis, and then advises the clerks.

942
01:19:40,020 --> 01:19:43,840
Sometimes that's in paper, sometimes that's a policy opinion, sometimes that's an attorney

943
01:19:43,840 --> 01:19:44,220
memo.

944
01:19:44,480 --> 01:19:47,160
The documents that Mr. Cranford did properly ask for.

945
01:19:47,760 --> 01:19:52,240
A lot of the time that's conversation, a lot of attorney advice is given orally.

946
01:19:52,960 --> 01:19:57,540
And it can be given orally because the framework itself is an idea.

947
01:19:57,820 --> 01:20:02,120
It's an idea that the attorney explains to the individual they're advising.

948
01:20:02,120 --> 01:20:13,240
It is not itself a document and so item six asked for that idea, that justification, that explanation, which is asking the clerks

949
01:20:15,520 --> 01:20:26,440
I probably overstates this to say it's asking the clerks to engage in the unauthorized practice of law but asking someone to explain a legal justification is asking them to do work that is properly done by an attorney

950
01:20:26,440 --> 01:20:29,260
It's not just asking them to grab a document

951
01:20:30,440 --> 01:20:35,160
In the last hearing where we talked about kind of what is that difference between analysis

952
01:20:35,160 --> 01:20:41,080
and research, we took the example of a librarian being asked to grab the Hobbit, the

953
01:20:41,080 --> 01:20:41,620
Lord of the Rings.

954
01:20:42,280 --> 01:20:45,320
That's an appropriate document to press librarian, please go grab me these books.

955
01:20:47,160 --> 01:20:53,120
You could also ask a librarian for the complete works of JR Tolkien, please go grab everything

956
01:20:53,120 --> 01:20:53,580
he wrote.

957
01:20:54,020 --> 01:20:54,700
Those are documents.

958
01:20:55,440 --> 01:21:01,680
And then we talked about how being asked to find everything in the library that discusses

959
01:21:01,680 --> 01:21:03,760
hobbits becomes a research project.

960
01:21:03,760 --> 01:21:07,980
You have to actually look at the content, assess whether it's talking about hobbits.

961
01:21:08,500 --> 01:21:13,640
We all know Lord of the Rings short us, but what about a scientific American article calling

962
01:21:13,640 --> 01:21:14,560
Neanderthals Hobbits?

963
01:21:14,960 --> 01:21:17,620
Now you have to exercise judgment, is that talking about hobbits or not.

964
01:21:17,620 --> 01:21:47,600
This goes one step further in that it's asking the clerks to perform analysis on whatever documents they may exist to see if there is a legal framework in it, and if that legal framework justifies a city action going back to the librarian example it would be like asking a librarian to review Lord of the rings and assess if it was a good authorship decision to have Sam and Frodo have a bromance

965
01:21:47,600 --> 01:21:51,460
instead of having a romance or an enemy relationship.

966
01:21:52,060 --> 01:21:55,480
You have to go through every page where the character development happened.

967
01:21:55,700 --> 01:21:59,480
You'd have to apply the narrative structure of heroic epics.

968
01:21:59,600 --> 01:22:03,180
You'd have to look at brotherly love and why that's a good narrative choice or not.

969
01:22:03,820 --> 01:22:07,780
And then pull every page that shows why that was a justified or unjustified decision.

970
01:22:08,500 --> 01:22:09,880
That's literary analysis.

971
01:22:10,160 --> 01:22:12,920
That would be asking a librarian to conduct literary analysis.

972
01:22:13,580 --> 01:22:14,760
And it's the same thing here.

973
01:22:14,760 --> 01:22:21,400
Mr. Cranford is asking the clerks to conduct legal analysis of whatever documents he presumes

974
01:22:21,400 --> 01:22:28,400
exists to find a legal framework that is research and analysis that is well outside the scope

975
01:22:28,400 --> 01:22:31,760
of their duties and starts pushing on on our authorized practice of law.

976
01:22:35,500 --> 01:22:42,440
In terms of moving forward on this appeal, I'm asking the assembly to deny it in its entirely

977
01:22:42,440 --> 01:22:47,420
because the avenue that is correct, the avenue that properly preserves your jurisdiction

978
01:22:47,420 --> 01:22:53,560
for a pure court appeal is for Mr. Pamper to request those communications tickets or

979
01:22:53,560 --> 01:22:55,740
instructions that may or may not exist.

980
01:22:55,920 --> 01:23:01,780
They would need to be searched for in a new matter because they came in after this matter closed.

981
01:23:03,460 --> 01:23:04,160
Thank you.

982
01:23:05,700 --> 01:23:09,940
Thank you, Mrs. Jones, for that presentation of evidence and argument.

983
01:23:09,940 --> 01:23:17,040
Now back to the appellant for a response or clarifying statement for five minutes.

984
01:23:21,020 --> 01:23:29,600
Austin Kranfer speaking again, the attorney has used the library scenario twice now.

985
01:23:29,820 --> 01:23:40,740
I would like to remind the assembly that the previous time that scenario was used was as mentioned by the attorney at the last records request I made,

986
01:23:40,740 --> 01:23:43,640
which is currently before the superior court here in SICA.

987
01:23:44,060 --> 01:23:47,020
So that same argument is also before the superior court.

988
01:23:48,040 --> 01:23:49,700
Allow me to push back on that scenario.

989
01:23:51,420 --> 01:23:59,020
The law of the state of Alaska and public records law in general allows us to collect records.

990
01:23:59,100 --> 01:24:07,260
It allows us to view records, city, state department, governor's office doesn't matter where the records are hailed.

991
01:24:07,260 --> 01:24:12,560
how they're hailed, how long they were hailed, if they are in possession of any of those entities,

992
01:24:12,560 --> 01:24:15,380
we have a right to see those records, basically, until they're destroyed.

993
01:24:15,760 --> 01:24:18,900
And then, obviously, there's laws about how they can be destroyed.

994
01:24:19,340 --> 01:24:28,520
If I make a request saying, I want every document that has the word salary on it as presented in the scenario,

995
01:24:29,100 --> 01:24:34,520
the city by law is required to give me every document that has the word salary on it.

996
01:24:34,520 --> 01:24:39,500
And it is my job as the person requesting the records to conduct the analysis myself.

997
01:24:40,200 --> 01:24:46,240
So in this example where I asked for the legal framework, the attorney says that it can

998
01:24:46,240 --> 01:24:50,180
be in conversations and she does also mention that it can be in paperwork.

999
01:24:50,860 --> 01:24:58,900
So essentially we're getting to the point where it's like okay, what paperwork am I looking

1000
01:24:58,900 --> 01:25:06,660
for? Are we falling back to, there is no paperwork, which, again, I believe that is shoddy

1001
01:25:07,480 --> 01:25:15,380
city administration, or if there is paperwork, again, by the act the city is required to

1002
01:25:15,380 --> 01:25:24,860
assist citizens in finding those documents. But to go further, she mentions that this clerks

1003
01:25:24,860 --> 01:25:27,680
This would have to engage in a practice of all.

1004
01:25:28,020 --> 01:25:35,660
Again, that's not what I'm asking, I am asking for any document that allows the city to put the certification on the portal.

1005
01:25:35,940 --> 01:25:40,140
It's not on the paper form, it's only on the digital form.

1006
01:25:40,400 --> 01:25:45,520
That means that somebody somewhere be it an email, be it a memo, be it a conversation.

1007
01:25:45,860 --> 01:25:52,260
Somewhere somehow somebody made a statement saying we're going to put this on that digital form.

1008
01:25:52,260 --> 01:25:57,860
And we're going to cite laws that don't actually apply on that digital form.

1009
01:25:58,400 --> 01:26:01,220
That, sure, maybe the conversation happened early.

1010
01:26:01,520 --> 01:26:07,320
There was still a request to be at a ticket, be it something else that told them what to put on there and why to put it on there.

1011
01:26:07,580 --> 01:26:09,340
That's what that legal framework is.

1012
01:26:09,620 --> 01:26:17,560
The legal framework is any document that possibly points to the justification of why it was put on the portal.

1013
01:26:17,780 --> 01:26:18,720
That's what I'm looking for.

1014
01:26:18,720 --> 01:26:41,100
Because if there's a ticket over here saying that hypothetically, the city administrator has ordered the IT director to put this on here under the advisement of the city attorney, that still tells me that there's either a document that I need to go fine or that there was a conversation that is not documented in which case, why was that conversation not documented?

1015
01:26:41,860 --> 01:26:55,860
The analysis that the clerk is talking about, or not the clerk, the city attorney and the searching and all that, that is my responsibility, but I can't conduct those analysis and I can't conduct that research without the documents.

1016
01:26:56,400 --> 01:26:58,880
And that's ultimately what it's coming down to with six.

1017
01:26:59,280 --> 01:27:01,800
I'm more than happy to put in another 50 requests.

1018
01:27:02,060 --> 01:27:05,000
This body is well aware of how many records request I put in.

1019
01:27:05,000 --> 01:27:12,560
I'm trying to be generous to the clerk's office and make my request broad enough to

1020
01:27:12,560 --> 01:27:14,440
hopefully grab everything that I'm looking for.

1021
01:27:15,040 --> 01:27:23,300
It is their responsibility to help me narrow it by the law and then interpret my request

1022
01:27:23,300 --> 01:27:24,100
broadly.

1023
01:27:24,800 --> 01:27:26,180
That's ultimately what this comes down to.

1024
01:27:26,300 --> 01:27:30,700
Legal framework is not just a legal document or just a conversation.

1025
01:27:30,700 --> 01:27:37,000
It's anything that can point to what is the legal justification for this being on the website.

1026
01:27:37,200 --> 01:27:42,500
And as stated previously, there is no legal justification in the memo on the website.

1027
01:27:42,720 --> 01:27:46,960
In any of the documents that have been given to me of why this is there, thank you.

1028
01:27:47,240 --> 01:27:47,680
Thank

1029
01:27:51,430 --> 01:27:56,110
you, Mr. Cranford, for your response and clarifying statement.

1030
01:27:57,810 --> 01:27:58,570
Mr. Jones.

1031
01:27:59,190 --> 01:28:01,330
Now, five minutes, first of all.

1032
01:28:01,970 --> 01:28:05,430
So Mr. Cranford just told you exactly what the problem is here.

1033
01:28:05,510 --> 01:28:09,730
He wants a justification, he wants an explanation, that is an investigation.

1034
01:28:10,290 --> 01:28:15,150
He wants an investigation into why this website's language has the language it does.

1035
01:28:16,150 --> 01:28:18,390
That is not a request for a document.

1036
01:28:19,070 --> 01:28:25,170
And this is the same issue we saw with Mr. Cranford last time where he is in precise in what

1037
01:28:25,170 --> 01:28:29,690
documents he requests and then tries to change that later through the appeals process.

1038
01:28:29,690 --> 01:28:40,490
In the last appeal that he submitted, he asked for a police officer contract, and then was frustrated that he did not get dispatched or contracts.

1039
01:28:42,190 --> 01:28:53,210
Here, he asked for attorney memos, policy opinions, he was told those don't exist, and then through the appeal expanded the scope of his search into communications, tickets, or instructions.

1040
01:28:54,250 --> 01:28:57,030
That's just not appropriate procedure.

1041
01:28:57,410 --> 01:29:00,310
It does not preserve your jurisdiction correctly.

1042
01:29:01,330 --> 01:29:05,650
And if Mr. Panford wants those things, he needs to ask for them in his request.

1043
01:29:05,970 --> 01:29:12,630
It's not the clerk's job to read his mind about what documents might be out there that prove the thing he wants to prove.

1044
01:29:12,870 --> 01:29:19,970
They can tell him what types of documents exist, but they can't tell him if there is content that proves or answers the question he has.

1045
01:29:19,970 --> 01:29:26,990
that that request to prove, to justify, to explain is an inappropriate request for an investigation.

1046
01:29:27,650 --> 01:29:30,170
He needs to precisely state what documents he wants.

1047
01:29:34,480 --> 01:29:34,960
Thank you.

1048
01:29:35,720 --> 01:29:43,980
That concludes the evidentiary portion of this hearing, back to the assembly for deliberation.

1049
01:29:45,240 --> 01:29:52,040
Now, we can possibly do this in executive session, that is not standard, but that is an option anyone wishes to.

1050
01:29:55,780 --> 01:29:56,520
Right?

1051
01:29:56,800 --> 01:29:57,400
Tor wishes to begin.

1052
01:30:00,000 --> 01:30:29,060
Yeah, just, I, I don't, first of all, I don't think we need to go in a second session. But, um, yeah, I, it, it makes sense to me that asking for legal analysis is dangerous to close to asking our attorney to, to work for somebody else. Um, and although it wasn't, I think, well, actually, I, I, it makes what our attorney said makes sense to me.

1053
01:30:31,080 --> 01:30:38,680
This is, I would think it'd be very frustrating when you're asked for my things that aren't documents.

1054
01:30:38,900 --> 01:30:40,120
It would just be so hard.

1055
01:30:40,680 --> 01:30:42,900
You know, what were you thinking?

1056
01:30:43,140 --> 01:30:48,280
In other words, I'm like, it's not something that can be done with a document's request.

1057
01:30:48,580 --> 01:30:52,880
So, I will be voting to deny the appeal.

1058
01:30:56,400 --> 01:30:56,740
Kevin.

1059
01:30:57,280 --> 01:30:57,980
Thanks to Jane.

1060
01:30:57,980 --> 01:31:24,320
Okay, yeah, after listening, after reading this information in the packet, and then listening to both the appellant and our legal counsel, I am choosing not to approve the appeal to deny it, I think that Ms. Jones has made a very clear explanation, and I agree with it.

1061
01:31:25,260 --> 01:31:25,820
I

1062
01:31:31,740 --> 01:31:37,300
just got to get this straight, this, this isn't about the word corruption search and everywhere.

1063
01:31:37,620 --> 01:31:47,560
This is about how the words were written on the city's portal and so-

1064
01:31:47,560 --> 01:31:50,500
Are you asking a clarifying question of the appellant?

1065
01:31:50,820 --> 01:31:51,520
I'm sorry.

1066
01:31:51,960 --> 01:31:55,320
Are you asking a clarifying question of the appellant?

1067
01:31:55,560 --> 01:31:58,660
Do you wish Mr. Cranford to step forward and answer a question?

1068
01:31:58,660 --> 01:32:02,360
Question are you asking a question of the assembly for discussion?

1069
01:32:02,580 --> 01:32:06,120
I'm just trying to catch up with what the whole thing is.

1070
01:32:06,460 --> 01:32:27,820
And so, yes, I guess I just, because my next question is that was conversation about if you're going to litigate from Sitka General Code 120.060 on item 6 or something that you couldn't use that, if you're going to litigate, I didn't understand what litigate meant as far as you not getting item 6.

1071
01:32:27,820 --> 01:32:34,900
So, I think there's a little bit of confusion there, so there is Section E within the City

1072
01:32:34,900 --> 01:32:40,080
Attorney's memo, which was referenced in my document, and then there is paragraph E of

1073
01:32:40,080 --> 01:32:42,600
the City's Code, which is the litigation disclosure.

1074
01:32:43,260 --> 01:32:51,660
I am requesting to answer your first question why it was put there, and what documents,

1075
01:32:52,580 --> 01:32:57,800
emails, etc., any paperwork of why that was put there, because stuff doesn't just magic

1076
01:32:57,800 --> 01:33:02,640
appear on a website. That's to answer your first question. Your second question is the

1077
01:33:02,640 --> 01:33:08,160
litigation disclosure law as it is written, and as it's twin in state law is written,

1078
01:33:09,280 --> 01:33:15,680
what is on the website isn't even legal under the three lawyers that I've talked to,

1079
01:33:16,100 --> 01:33:23,760
because the way it's written, if I sue the city of SICKA, okay, yes, it applies.

1080
01:33:23,760 --> 01:33:30,600
you check the box and if those documents are relevant to the lawsuit, you go through discovery at the court.

1081
01:33:31,000 --> 01:33:33,560
That's what that law is designed to do.

1082
01:33:33,840 --> 01:33:40,280
What the city is trying to do here is they are trying to expand the law outside of its box.

1083
01:33:40,720 --> 01:33:48,440
So there is no legal justification where if I sue the DMV or the governor's office or anything like that,

1084
01:33:48,440 --> 01:33:52,800
I can't request records from the city because I'm now suing another agency.

1085
01:33:53,160 --> 01:33:54,320
That's how it's written currently.

1086
01:33:54,880 --> 01:34:01,040
And it's also asking if these documents are relevant to the case.

1087
01:34:02,080 --> 01:34:06,540
I can't read documents that aren't presented to me so nobody could check that box.

1088
01:34:09,720 --> 01:34:13,000
If there's no document and it's like what Rachel's saying,

1089
01:34:13,120 --> 01:34:17,140
it's content of the wording that you're looking for, how those words were constructed.

1090
01:34:17,380 --> 01:34:19,440
That's what item six is, that's what you're looking for.

1091
01:34:19,440 --> 01:34:26,400
No, item six is why that box was put there and under what justification it was put there.

1092
01:34:26,820 --> 01:34:29,760
What law is the city using to put that box there?

1093
01:34:29,900 --> 01:34:33,500
Because according, like I said, according to the three lawyers I have spoken to,

1094
01:34:33,760 --> 01:34:36,660
there is no legal justification for that box to be there.

1095
01:34:37,120 --> 01:34:43,940
So, if I checked it, let's say I checked the box, I go and make a request to the clerk's office tomorrow, I check the box.

1096
01:34:43,940 --> 01:34:49,180
I'm currently suing the city and federal law and have an appeal here at the Spiror Court.

1097
01:34:49,640 --> 01:34:54,680
So I go tomorrow, I check the box, and then the city comes back and says, you did something bad.

1098
01:34:54,860 --> 01:34:58,140
You check the box and didn't follow the proper procedure.

1099
01:34:58,460 --> 01:35:02,660
I could turn around and sue the city a third time, because the box is not legal.

1100
01:35:03,120 --> 01:35:09,600
And I'm trying to find out why the city put the box there, because every lawyer I've talked to says it's not legal.

1101
01:35:09,600 --> 01:35:20,700
So, either the three lawyers I'm talking to don't know what they're talking about, which I find hard to believe, or the city has made an error.

1102
01:35:21,220 --> 01:35:22,600
Those are really the only two options.

1103
01:35:23,040 --> 01:35:26,640
And maybe on matter of the question, we're doing first testifying.

1104
01:35:27,120 --> 01:35:33,640
There's a limited scope for this appeal, and we've passed that scope.

1105
01:35:33,880 --> 01:35:35,700
We are no longer in germane to the topic.

1106
01:35:35,700 --> 01:35:41,780
Do you mean the topic is the who, what, where, when, of the records request?

1107
01:35:42,320 --> 01:35:51,620
Not a why and a how involved in your wish to explore?

1108
01:35:52,780 --> 01:35:57,580
Madam Mayor, may I kind of clarify for Scotty what I think he's trying to understand here

1109
01:35:57,580 --> 01:35:58,700
or what's being explained?

1110
01:35:58,700 --> 01:35:59,800
Thank

1111
01:36:02,580 --> 01:36:02,760
you.

1112
01:36:05,140 --> 01:36:12,340
There's a records request that was asked for on June 23rd.

1113
01:36:12,340 --> 01:36:16,860
A response was given on July 6th.

1114
01:36:17,440 --> 01:36:20,480
That is the scope of what we are here tonight.

1115
01:36:23,120 --> 01:36:25,500
What records were asked for?

1116
01:36:26,760 --> 01:36:28,240
Were they refused or denied?

1117
01:36:28,240 --> 01:36:40,150
And did the municipal clerks not suitably, reasonably respond to the request?

1118
01:36:41,390 --> 01:36:47,850
If a box is on a page on a website, it's not germane to the topic this evening.

1119
01:36:51,510 --> 01:36:52,870
Was a record asked for?

1120
01:36:53,210 --> 01:36:54,330
Was that record received?

1121
01:36:55,790 --> 01:36:58,670
Or was an explanation, a reasonable explanation given?

1122
01:37:01,470 --> 01:37:02,190
That's what we're doing.

1123
01:37:02,190 --> 01:37:02,950
I

1124
01:37:11,080 --> 01:37:18,920
think the conversation that you guys are having over the legality of whether or not that non-disclosure box can be on the website is outside of the purview of this investigation.

1125
01:37:19,160 --> 01:37:27,420
We're just saying, is the legal framework that is behind that decision to include that unavailable document or not?

1126
01:37:27,680 --> 01:37:37,200
So not whether or not that disclosure is legal or what lawyers think of it is like did someone write a document that said this is why we're including that box?

1127
01:37:37,200 --> 01:37:47,020
And the city's answer is no, that decision was reached through a variety of, you know, means that it's not a written document.

1128
01:37:47,300 --> 01:37:49,340
And therefore, they did not provide that document.

1129
01:37:49,740 --> 01:37:51,840
Yeah, I'm on board now. I got it.

1130
01:37:51,840 --> 01:37:52,240
Any

1131
01:38:02,540 --> 01:38:04,860
further deliberation from the assembly?

1132
01:38:07,360 --> 01:38:08,680
I'm getting.

1133
01:38:09,440 --> 01:38:10,680
Yeah, thank you.

1134
01:38:11,880 --> 01:38:41,900
I just, you know, I think it is, yeah, it is pretty complicated to understand this request, just given how, like, narrow it is, but I'm understanding it like that, you know, item six, I believe it, what I understand is that this document was not provided because it does not exist, it's asking for a series of things.

1135
01:38:41,900 --> 01:38:56,680
you know, that you would have in a conversation or in a variety of documents that might lay out the things that comprise the legal framework, but it's not, you know, a memo that John writes when he says, here is the policy for how we do this, like that document does not exist.

1136
01:38:56,860 --> 01:39:07,640
And so I think that in the response that the clerks wrote, it does not clearly say does not exist. It explains why it does not exist, which is more clear.

1137
01:39:08,800 --> 01:39:12,900
I believe that, you know, asking for these additional records,

1138
01:39:13,840 --> 01:39:19,120
the clarifying things that Mr. Cranford pointed out, you know, tickets, emails, whatnot.

1139
01:39:20,060 --> 01:39:21,640
Those are an additional request.

1140
01:39:21,880 --> 01:39:24,220
He is welcome to submit those to the clerk's office.

1141
01:39:24,520 --> 01:39:29,580
They have provided narrowing advice both in person as well as like, you know,

1142
01:39:29,700 --> 01:39:32,920
from what I understand, the narrowing tips that are provided online are the advice

1143
01:39:32,920 --> 01:39:34,900
that someone would normally receive in person.

1144
01:39:34,900 --> 01:39:46,360
And so I think it's appropriate to include those prompts given that if you're submitting online you're not directly talking to someone who's helping you frame that search request for the clerk's office.

1145
01:39:46,700 --> 01:39:55,960
So I think that it is very important to be precise with the requests, the public records requests given how many documents exist.

1146
01:39:56,800 --> 01:40:04,100
And if that is something that is, you know, someone is finding difficult with when they are doing their public records request.

1147
01:40:04,100 --> 01:40:08,060
it sounds like our clerks make themselves very available to help with that

1148
01:40:08,060 --> 01:40:12,480
preciseness and I would invite anyone who is submitting a public records request to go in

1149
01:40:12,480 --> 01:40:18,520
and talk directly with the clerks about how they can make their request as precise as possible to

1150
01:40:18,520 --> 01:40:26,260
avoid this kind of back and forth that might otherwise occur over email and get past the period of

1151
01:40:26,260 --> 01:40:29,120
request, so I will be voting to deny this.

1152
01:40:34,100 --> 01:40:34,660
Okay.

1153
01:40:36,080 --> 01:40:41,120
I move to deny the appellant of the relief requested as to his request for relief on items

1154
01:40:41,120 --> 01:40:43,420
one, or two, and or three.

1155
01:40:44,120 --> 01:40:44,500
Second.

1156
01:40:53,350 --> 01:40:55,630
I'm not quite sure what that motion means.

1157
01:40:59,690 --> 01:41:00,250
There.

1158
01:41:01,250 --> 01:41:01,410
Okay.

1159
01:41:01,530 --> 01:41:02,270
It would not be.

1160
01:41:07,110 --> 01:41:11,070
Can we offer another potential motion?

1161
01:41:11,290 --> 01:41:11,410
This will.

1162
01:41:11,410 --> 01:41:12,390
Okay,

1163
01:41:23,710 --> 01:41:33,970
10th number two, move to uphold the municipal clerk's July 6th response and deny the appeal and it's entirety.

1164
01:41:34,210 --> 01:41:34,770
Entirely.

1165
01:41:35,030 --> 01:41:35,350
Second.

1166
01:41:40,860 --> 01:41:55,160
We don't go to public comment or have deliberation after the motion since we're in that quasi-judicial role, so we'll go straight to a vote unless Sarah needs the motion to be read again.

1167
01:41:56,960 --> 01:42:07,300
Just for the record, I have a motion is to uphold the municipal clerk's July 6th response to deny the appeal in its entirety.

1168
01:42:11,970 --> 01:42:13,130
Right, roll call please, sir.

1169
01:42:15,650 --> 01:42:18,190
Okay, on that motion, Mr. Yastad.

1170
01:42:20,490 --> 01:42:20,800
Yes.

1171
01:42:21,730 --> 01:42:22,400
Mr. Moser?

1172
01:42:22,740 --> 01:42:23,100
Yes.

1173
01:42:23,560 --> 01:42:24,200
Mr. Selene?

1174
01:42:24,400 --> 01:42:24,640
Yes.

1175
01:42:25,120 --> 01:42:25,780
Ms. Carlson?

1176
01:42:26,240 --> 01:42:26,400
Yes.

1177
01:42:26,740 --> 01:42:27,360
Mr. Kertzinson?

1178
01:42:27,820 --> 01:42:27,960
Yes.

1179
01:42:28,400 --> 01:42:29,120
And Ms. Riley?

1180
01:42:29,700 --> 01:42:29,780
Yes.

1181
01:42:30,320 --> 01:42:32,020
motion passed the 6-0.

1182
01:42:34,470 --> 01:42:38,590
Thank you. That moves us into persons to be heard.

1183
01:42:39,970 --> 01:42:46,750
This is for a participation on any item on or off the agenda, not to exceed three minutes per individual.

1184
01:42:47,250 --> 01:42:48,610
Is there any public comment?

1185
01:42:49,930 --> 01:42:53,370
Please step forward and state your name for the record and your three minutes will begin.

1186
01:42:54,740 --> 01:42:56,630
My name is Austin Granford, I'll be brief.

1187
01:42:57,070 --> 01:43:01,150
I just want to state obviously the request has been denied.

1188
01:43:01,150 --> 01:43:03,270
I'm not disputing that.

1189
01:43:03,710 --> 01:43:08,110
What I am disputing is what this essentially puts in place.

1190
01:43:08,410 --> 01:43:13,950
Essentially there was a comment that was made that the records request does not constitute

1191
01:43:14,550 --> 01:43:17,050
a box on a web page.

1192
01:43:17,210 --> 01:43:21,030
The whole reason for the records request is because there's a box on the web page.

1193
01:43:21,170 --> 01:43:26,390
The box on the web page was the whole subject matter that was being discussed.

1194
01:43:26,390 --> 01:43:35,430
So, I disagree that it didn't apply, and then secondly, essentially the argument that

1195
01:43:35,430 --> 01:43:41,690
the city is making is we paid $21,000 for a new records request portal that we can

1196
01:43:41,690 --> 01:43:46,610
go back and look at the assembly's own vote because this body was the body that approved

1197
01:43:46,910 --> 01:43:56,370
that purchase, and see that there was no documentation at all of how it was going

1198
01:43:56,370 --> 01:44:00,750
to be implemented. Are we following state law? Are we following city law? Are we following

1199
01:44:01,970 --> 01:44:07,230
federal law? We're just flying by the seat of our pants is essentially what this body has

1200
01:44:07,810 --> 01:44:13,610
admitted to by denying the request. So I'll be happy to submit more requests and look forward

1201
01:44:13,610 --> 01:44:16,190
to possibly another appeal. Thank you. Any

1202
01:44:20,160 --> 01:44:22,300
additional persons to be heard this evening?

1203
01:44:23,140 --> 01:44:26,240
This is for items on or off the agenda.

1204
01:44:30,640 --> 01:44:33,820
Seeing none, that comes back to the Assembly for Reports.

1205
01:44:35,780 --> 01:44:38,900
Mayor's report, Chair Mayor, is traveling right now.

1206
01:44:39,060 --> 01:44:43,860
He is at AML, that's the Alaska Municipal League, to work for our town.

1207
01:44:44,800 --> 01:44:47,240
He does not here to give a report, administrator.

1208
01:44:49,720 --> 01:44:50,120
Thank you.

1209
01:44:50,980 --> 01:44:55,860
You have two things I will be on the 6 AM flight going to AML tomorrow morning, so that's the

1210
01:44:55,860 --> 01:44:59,980
first one I'll be out for the rest of the week and then the second thing I want to talk

1211
01:45:00,000 --> 01:45:27,680
What we're talking about is the airport. We've run into some issues at the airport and I want to let everybody know where we stand because there's possibly some decisions coming forward that are going to need everybody's attention. You may or may not be aware the state of Alaska owns and operates the Sitka airport. The city in Burrow owns just the building that sits on that land that we lease from the state that we just renewed two years ago and that is a 50 year lease.

1212
01:45:27,680 --> 01:45:30,540
The assembly approved that lease a few years ago.

1213
01:45:31,140 --> 01:45:35,500
We talked about the project going on and we did a financial analysis and it showed that

1214
01:45:35,500 --> 01:45:40,480
we were going to lose a significant amount of money over the lifetime unless we found

1215
01:45:40,480 --> 01:45:44,660
new sources of revenue or adjusted some of the revenue sources like we did tonight with

1216
01:45:44,660 --> 01:45:45,740
the Alaska Airlines lease.

1217
01:45:46,500 --> 01:45:49,680
And we accepted that with eyes open as a service to the community.

1218
01:45:51,040 --> 01:45:53,880
So what nobody signed up for is what's happened since.

1219
01:45:53,880 --> 01:46:01,340
So year after year, the state has been asking Sitka to take on more of the jobs that an airport operator does.

1220
01:46:01,760 --> 01:46:11,260
Most recently some security functions inside the terminal, but the state keeps the authority through their operations of the airport and the airport security plan.

1221
01:46:12,220 --> 01:46:20,500
Here's some things that people don't know, is that the only money our building earns is the rent that tenants pay inside that building.

1222
01:46:20,500 --> 01:46:24,460
And our share of concessions, remember the concessions discussion, that's it.

1223
01:46:24,960 --> 01:46:32,140
We don't get landing fees, we don't get fueling fees, we don't get tie down fees, so it's very revenue limited.

1224
01:46:32,760 --> 01:46:37,120
Parking, we've talked about a few months ago that could earn us something, but

1225
01:46:37,120 --> 01:46:41,360
that means paid parking in Sitka that requires more capital investment from us.

1226
01:46:41,360 --> 01:46:49,400
It requires ongoing maintenance of striping and snow removal, and yet another lease payment to the state to take over that lot and

1227
01:46:49,400 --> 01:46:50,440
manage that as well.

1228
01:46:52,220 --> 01:46:57,880
Something that's very disappointing is meanwhile since May of this year, the state has withheld

1229
01:46:57,880 --> 01:47:02,400
more than $10 million in reimbursements back to us on this project.

1230
01:47:03,200 --> 01:47:08,580
And it's all over a dispute on where, on the eye cap rate, basically it's an administrative

1231
01:47:08,580 --> 01:47:13,300
rate that they charge to manage the federal grant getting passed through to us.

1232
01:47:13,980 --> 01:47:17,600
So our reimbursement requests have been held up since February.

1233
01:47:17,600 --> 01:47:24,280
they let us know that in May. We've disputed because for two years we've paid it one way and then essentially

1234
01:47:25,200 --> 01:47:31,040
the opinion on what that charge is changing and until we agree to that our payments are being withheld.

1235
01:47:32,440 --> 01:47:40,080
So we've worked with the department in good faith since 2020. We keep paying our rent. We're going to keep paying our rent.

1236
01:47:40,280 --> 01:47:44,960
We keep the terminal open. We meet every obligation and we're going to continue to do so.

1237
01:47:45,800 --> 01:47:49,120
So this month as we got into this position, I asked Senator Steadman and

1238
01:47:49,120 --> 01:47:51,500
representative Himchute for some legislative oversight.

1239
01:47:51,700 --> 01:47:52,620
Both of them are engaged.

1240
01:47:52,700 --> 01:47:56,460
I've talked to Representative Himchute and I met with Senator Steadman in my office yesterday.

1241
01:47:57,220 --> 01:48:03,880
I've also briefed leadership at Alaska Airlines on this because if travel ever gets disrupted here,

1242
01:48:05,140 --> 01:48:08,060
things tend to get blamed on the city in Borough of Sitka.

1243
01:48:08,260 --> 01:48:14,120
And I want to make it clear right now that I don't want this one laid at our feet as we try to figure this out.

1244
01:48:14,120 --> 01:48:17,440
So, I kind of see three options moving forward.

1245
01:48:18,620 --> 01:48:24,260
First is to restructure this deal at the airport, where Sitka can become a true co-operator,

1246
01:48:24,440 --> 01:48:26,340
which is a model that they use in Ketchikan.

1247
01:48:26,460 --> 01:48:29,960
When you are an operator of an airport, you have certain authority and you can do things

1248
01:48:29,960 --> 01:48:31,740
like charge landing fees and fueling fees.

1249
01:48:32,200 --> 01:48:34,400
And then that's revenue that comes into the airfield.

1250
01:48:35,440 --> 01:48:41,180
Like I said, it's not novel, Ketchikan does it, and even the state's website praises that model

1251
01:48:41,180 --> 01:48:41,840
as a success.

1252
01:48:42,960 --> 01:48:49,520
The second choice is the state just performs all the duties it requires for our existing agreements.

1253
01:48:50,380 --> 01:48:54,660
The third and this is the one that's a little more touchy and I don't say it lightly.

1254
01:48:55,440 --> 01:49:03,280
We use the provisions in our agreements to hand the keys to the terminal back to the state and in orderly way and let them operate it themselves.

1255
01:49:04,300 --> 01:49:10,080
So what I hoped in my last few months would be kind of quiet and transitional as I move out of this role.

1256
01:49:10,680 --> 01:49:18,660
It hasn't been that, and I think since May, my work has been nearly nothing but trying to get these airport challenges figured out.

1257
01:49:19,660 --> 01:49:28,600
So I'd rather spend time fixing it than managing it, so I just want the community to pay attention to what's going on and ask questions because it is their terminal building.

1258
01:49:29,180 --> 01:49:29,780
Thank you.

1259
01:49:29,780 --> 01:49:32,900
Thank you, John.

1260
01:49:33,840 --> 01:49:35,320
Attorney, your report, please.

1261
01:49:36,020 --> 01:49:36,300
Thank you.

1262
01:49:36,600 --> 01:49:43,060
We're moving forward on the leasing and contract centralized software and the hiring process

1263
01:49:43,060 --> 01:49:48,900
for getting that temp to do the data entry and flagging of any legal issues we're expecting

1264
01:49:48,900 --> 01:49:52,920
to find in some of the holdover leases that need to be brought into compliance.

1265
01:49:55,200 --> 01:49:58,180
In the meantime, we've started doing training modules.

1266
01:49:58,180 --> 01:50:01,920
those Mindy's been doing them, and then I'll be doing some also on that software to help

1267
01:50:01,920 --> 01:50:06,940
us set up the architecture within it, like how things are linked to each other and set

1268
01:50:06,940 --> 01:50:12,620
up in a way that will work for our particular operation, and then the other big thing in

1269
01:50:12,620 --> 01:50:19,480
the legal department is that the appellate briefing is complete in Wampler vs. McGrath and CBS.

1270
01:50:20,220 --> 01:50:25,120
The oral argument is scheduled on November 20 in Juneau, so the legal department will

1271
01:50:25,120 --> 01:50:32,220
will be out that day attending as the client, John Tumison is our pellet attorney for that.

1272
01:50:35,550 --> 01:50:37,910
Thank you, Rachel, liaison representatives.

1273
01:50:41,320 --> 01:50:46,740
So, the parking lot committee had meeting on Tuesday, August 11th.

1274
01:50:46,740 --> 01:50:49,900
I, at the last minute, something came up from work, so I wasn't able to attend.

1275
01:50:50,080 --> 01:50:53,020
But I did call the clerk's office and got an update.

1276
01:50:54,640 --> 01:50:58,740
And during that meeting, the staff gave an update.

1277
01:50:59,820 --> 01:51:07,460
The upper molar, the fixing or repair of the security cameras and upper molar, that's almost complete.

1278
01:51:08,380 --> 01:51:12,860
And then also next month, next month's meeting, they're going to be reviewing the commercial

1279
01:51:12,860 --> 01:51:13,440
use plan.

1280
01:51:14,680 --> 01:51:19,320
You know, we approved that commercial use plan while every year they review it and see how

1281
01:51:19,320 --> 01:51:26,100
it went and make any changes or recommend any changes at that point, so they'll be going

1282
01:51:26,100 --> 01:51:26,500
over that.

1283
01:51:27,240 --> 01:51:27,460
Thank you.

1284
01:51:28,980 --> 01:51:29,500
Katie.

1285
01:51:30,580 --> 01:51:36,300
In addition to all of the great work reported on by Planning Director Amy Ainsley, the Planning

1286
01:51:36,300 --> 01:51:40,420
Commission has been hard at work on some ADU code changes and so I'm super happy to report

1287
01:51:40,420 --> 01:51:47,220
that they finished those at a special meeting last night and they unanimously recommended

1288
01:51:48,240 --> 01:51:53,740
forwarding the ADU code changes to the assembly so that will be coming before us at our second

1289
01:51:53,740 --> 01:52:00,260
meeting in September, September 22nd, and just they have put an immense amount of work

1290
01:52:00,260 --> 01:52:06,140
and thought into that hours and hours of deliberation, and so really excited for what

1291
01:52:06,140 --> 01:52:11,560
that represents for our community and just how much red tape and bureaucratic process is

1292
01:52:11,560 --> 01:52:16,760
going to be slashed by creating this accessible housing option, so excited to chat more about

1293
01:52:16,760 --> 01:52:16,980
that.

1294
01:52:22,630 --> 01:52:26,390
We are not there yet, so please put those comments.

1295
01:52:28,010 --> 01:52:28,650
Any other liaison?

1296
01:52:30,610 --> 01:52:36,290
As liaison to Port St. Harbor, we have paused for the summer, their next one will be next

1297
01:52:36,290 --> 01:52:36,890
Wednesday.

1298
01:52:37,570 --> 01:52:47,110
Welcome them back at 6 p.m. here in this room, in two Wednesdays, September 9th.

1299
01:52:47,110 --> 01:52:49,090
And health needs and human services has not

1300
01:52:49,090 --> 01:52:52,790
been able to meet in for several months due to

1301
01:52:52,790 --> 01:52:54,170
forum concerns.

1302
01:52:55,110 --> 01:52:57,510
So I have nothing to report from health needs.

1303
01:52:59,310 --> 01:53:00,490
Any other liaisons?

1304
01:53:02,310 --> 01:53:04,010
Right, clerk, your report, please.

1305
01:53:05,230 --> 01:53:05,530
Thank you.

1306
01:53:06,570 --> 01:53:10,570
So I invite folks to take a peek at our website

1307
01:53:10,990 --> 01:53:12,290
under boards and commissions.

1308
01:53:13,490 --> 01:53:15,710
We have revised that page.

1309
01:53:15,710 --> 01:53:19,750
So now it shows upcoming vacancies, current vacancies,

1310
01:53:20,450 --> 01:53:28,010
has a complete list of seats that are upcoming expiring terms.

1311
01:53:29,470 --> 01:53:32,510
We have the applications on the website,

1312
01:53:32,510 --> 01:53:35,410
so I invite folks to take a peek at that.

1313
01:53:35,930 --> 01:53:37,650
If there's any that you're interested in,

1314
01:53:37,810 --> 01:53:41,190
you can apply by filling out the form online

1315
01:53:41,190 --> 01:53:43,230
and submitting it in the email to us,

1316
01:53:43,230 --> 01:53:52,070
you can stop by our office. We are also in full swing with municipal election. I received

1317
01:53:52,070 --> 01:53:58,530
a sample ballot today, so we have that posted online. Now there's copies in the back of the room.

1318
01:54:00,470 --> 01:54:09,790
Early voting starts on Monday, September 21st, and runs weekdays 830-430 Saturdays

1319
01:54:11,270 --> 01:54:17,890
nine to noon, and then of course the election is on Tuesday, October 6th.

1320
01:54:19,270 --> 01:54:22,510
Any update on candidate interviews for administrator?

1321
01:54:23,430 --> 01:54:30,570
Yes, that interview is scheduled for Thursday, September 10th at 5 p.m.

1322
01:54:31,450 --> 01:54:31,750
Thank you.

1323
01:54:32,350 --> 01:54:32,610
Thank you.

1324
01:54:33,430 --> 01:54:35,310
Any other resources?

1325
01:54:35,390 --> 01:54:39,390
So this is not really a kind of similar liaison.

1326
01:54:40,290 --> 01:54:51,170
So we talked at the last meeting, we agreed to have a public meeting about the taxi code and I believe we said it for the October 21st, right?

1327
01:54:51,690 --> 01:54:58,250
Yeah, so yeah, so it'll be here October 21st with Scottie and I there.

1328
01:54:58,450 --> 01:55:04,010
And of course, anybody else who wants to, I guess if we're going to have any more than one more person, let's never know.

1329
01:55:04,010 --> 01:55:15,570
But yeah, we'll be meeting with the stakeholders, and of course anybody wants to come and going over the taxi code and trying to find something that

1330
01:55:16,570 --> 01:55:25,230
make at least less people unhappy, so I hope we'll have a good turnout.

1331
01:55:25,230 --> 01:55:26,030
Any

1332
01:55:28,590 --> 01:55:30,730
other other reports?

1333
01:55:34,470 --> 01:55:39,870
There's no executive session planned this evening, so we are at adjournment.

1334
01:55:39,990 --> 01:55:41,550
Is there a motion to adjourn?

1335
01:55:45,000 --> 01:55:46,500
All in favor say aye.

1336
01:55:46,760 --> 01:55:46,940
Aye.

1337
01:55:47,320 --> 01:55:47,920
Any opposed?

1338
01:55:48,240 --> 01:55:48,560
Say nay.

1339
01:55:49,380 --> 01:55:50,260
We are adjourned.