so we are now going back on the record it is at 3:31 p.m. is February 23rd Miss Al thank you um while in executive session two motions were made one at 255 to extend for 30 minutes to 3:30 again at 3:20 and motion to extend before a clock was made both pass by unanimous consent um at this time I would make a motion to preserve the confidentiality of the tapes from executive session until all litigation regarding matters is matters discussed is resolved second so there is a motion to set the terms of the agreement made by or to release the tapes by seconded by during discussion of the motion hearing and seeing none is there ask anous consent is there any objection to the motion I hear and see no objections the motion carries terms of release the tape shall be when all uh litigation matter to the pen matters discussed the executive session are completed so with that now we have before us again a 202 24-7 U anyone wish to speak to the item Miss elel thank you I wish to make an amendment um on page two of two I would like to add a new section two that reads the assembly request the municipal Administration obtain special counsel to protect the interests of the municipality and specific to any single party or Municipal Department utility or Enterprise a motion by second uh Mr Johnson second I would ask for the sponsors to consider or the movers to consider a slight Amendment just adding the term branch in there somewhere sure so it would read not specific to any single party comma Branch or Municipal Department comma utility or Enterprise second are okay with that yeah thank you Mr Johnson okay uh the motion to amend is p any discussion of the motion hearing and seeing none I'll miss the members of vote member Martinez member rera yes member brona yes member Johnson yes chair constant yes Vice chair alaton yes member cross yes member valand yes member perz viia yes the motion passes n so now now we have the motion before us as amended this is time to have some discussion on the matters um if anyone wants to bring up things that are consumable by the public that are able to be spoken not that were protected in the executive session themselves thank you um so I think it's important that um since this resolution would authorize the potential for litigation by the assembly um around the accut river project to remember that the assembly has been working on this issue for a number of years before I even got on the body in um 2019 um and has asked time and time again to be uh included in the conversation and not just be told what is happening to have our role respected as appropriators as policy makers um the policy has remained the same in all of the time I have been on the body um and is now codified um and it's really unfortunate to get to this point um but I'm not without some optimism that um this passing today which I'm really hopeful that will and I urge your support can be a catalyst to hopefully get past this point to the point of figuring out the path forward um figuring out a path forward that um acknowledges and respects our role um as the legislative branch government that is open and transparent with the public and make sure that the native Village of auta has a proper seat at the table as well so with that I urge your support thank you any to speak to the item Mr Martinez oh chair is this the uh the opportunity to speak to um the comments that were earlier was that part of this record it would be now or not related to this item under assembly number comments so it probably is gerain to this item I would say now sure um I was going to reserve for member okay that's fine um the gist of the discussion was before the meeting the municipal attorney oined that we were acting in opposition to the interests of the municipality and um the assembly was given an opportunity to reconsider its vote whether or not to exclude the municipal attorney who has demonstrated um participation on the other side of this discussion that we've been having and nobody reconsidered that vote and so for the purposes of our legislative process and defending our legislative power the assembly voted to exclude the municipal Attorney and did for the purpose of the discussion there was an amendment that was made to this item by Mel that requests that the municipal attorney hire and a special counsel so that there is a third party who can participate and keep the interest of the municipality right at the center but isn't already predisposed to a decision on the question we have before us and so um I think in acting to protect our interests that was a good decision by the members this amendment is a good decision and I urge your support Miss Bron thank you Mr bowan for getting me on the right page but I I do think that that 23 through 28 lines you know it's possible that it should say and the executive branch of the Municipality of Anchorage they made this decision without the assemblies you know our we're saying that the 1991 agreement was supposed to previously was done without assembly approval do we want to in some way in this line say this is the executive branch has done this and or is that not important so I would argue that that we are not a party to the 1991 agreement so there is no place for us at this time in any of their discussions but if their discussions are involving any form of assembly authorized our Municipal interest then that's where our role is and that's the gist of this whole document and so I don't think there's any more specific language that needs to be there okay I think it's the gist of this whole document is that in part we believe the Administration has overstepped their bounds in binding decisions that are the assemblies to make that's the gist I'm just thinking that Miss helzer's saying that we are you know we are one and we're acting as two but they were the originally the people who made us act as two with that agreement that we were left out of or the assembly members that came before us were left out of so that's just where I was at but I understand what you're saying and under the separation of powers it is in fact the authority of the executive branch to do certain negotiations it's once the negotiations cross into making agreements that grant our Charter granted decisions away that we have a problem often times the negotiation will happen they negotiate an agreement bring it to us for consideration that's actually normal normal operation of business but what isn't okay is when actions are taken that cross the line and so again you may make an amendment but I think the whole gist of of this document is exactly that point all right Mr thank you um yeah so I want to go back to um Miss helzer's comments before we went into executive session I guess I would just have two questions for assembly Council um number one is it the case that sometimes the municipal attorney can act on behalf of one department or Branch as a client um well in general yes This Ss projects department is department heads if I question let's say for instance there was a disagreement between the planning department at the assembly could the municipal attorney act uh represent the interest of the planning department as a client so um under our schools profession conduct for attorneys government attorneys have certain Special Rule it does have government attorne government agencies but they need to like that with some certain guess question in community if there's diverse departments especially assembly in planning screen separate ATT 20s and so that they're handled appropriately as separate group so I don't think there's any logical understanding that we have diverse departments both them okay um and then I think that is helpful thank you my second question is um is it your understanding that the municipal attorney has a supervisory role over assembly Council based on the charter or code no that's not my understanding at all um Mr 20 decided Char section 46 and uh it's says part simply engage such legal council and other professional advisors blah in the execution its legislative functions and we have done that we've hired a council we have section about C Council none of it R to beis functions are branch um profession Services you engage or assem assembly subject represents okay thank you for that answer thank you Mr chair thank you I would put a little refinement on that briefly that we had a previous conversation just a meeting or two ago in which the seventh floor and the eighth floor are attempting to so narrowly defined legislative function that it could only be Financial in nature which is a very strange argument we are the ones who get to define legislative function unless it's so patently absurd that it is out of balance and so this whole conversation has been in the effect of our legislative function they are trying to narrowly Define it that it's not and a question to follow on your questions Council um rules of professional conduct a government attorney may represent multiple parties within the government is there anything within the rules of conduct the code or the charter that says the assembly must have a municipal attorney as their representation no not specifically right so essentially a a a party to litigation has a right to choose their Council right isn't that a principle historically in this country you can't force us to take your attorney we get to choose oh yes and we as a body seven Members Plus not I not you not you but we get to choose and that I think is what we get done in this process so thank you um Again difficult my my mission in all of this and I know I'm a little bit um paulana is here is that this process moves us to where the parties want to negotiate in advance of any litigation that's my goal and Mission um and I hope we get there with all my heart between all of the various parties and entities rights and rules and processes that are under our portion of the agreements that are being made toward the goal of mitigating the damage of the auta hydr power project in our community so that members May proceed to vote I would know Mr Proby appears to be back with us U Mr Martinez yeah Mr Rivera yes Miss brona yes Mr Johnson sherff constant yes Vice chair alel yes Mr Cross yes Mr band Yes Mr pres yes motion passes 9 to Z so on Note a vote of 9 to Z a224 D40 has passed or as amended has passed the vote 75 all look at it the wrong sorry let me do that again as a on a vote of 9 to Z AR 20247 as amended has passed Sor that okay next on the agenda we have audience participation anyone from public wish should be heard anyone at all move on to the next item on our agenda assembly comments respond no comments for me thank you I just wanted to put on the record heard that I really want to know what's happening with the sprung structure and are we still paying these fees there's item on our Tuesday Super Mr thank you you know um as we go through this uh is probably one of you are familiar that I I'm getting a lot of like you know Flack from multiple constituents regarding the includ hydro electric project this negotiation draft agement and it's frustrating because I don't believe government should be done in secret and these executive sessions are exhausting and I just pray that you know that we sit here and we analyze a lot of information which sadly is not available to the public but I pray that my faith in God will say all will be revealed in time and understand that I don't make these decisions lightly I don't make them hastely if you ask my constitu you ask the people involved I call I have conversations with people outside I try to make wise educated decisions and not rush to judgment but I just pray that the individuals who are listening for the the I'm not I'm not selling anybody short the decisions we make here do not come lightly and I I look forward to the day that all is revealed thank you thank you Mr President no comments thank you chair no comments thanks on the phone we have Mr Johnson no coms Mr chair thank you Mr thank you Mr Martinez uh thank you chair just one note uh a a political science moment if you will I did take exception earlier and I wanted to just have one just clear statement about it with the municipal attorneys today during today's discussion the municipal attorney on the public record asserted that the assembly was operating somehow in Defiance of the municipality and as a person who has worked for now nearly a decade within the municipal government from the executive branch to the legislative branch but also with a background in political science I continuously remind the administration and other folks that there is a separation of powers and within that there are inherent tensions between the branches of government but all the time that we are one municipalities that that assertion is correct but the potention to be articulated as defiant was so out of order and and and and obnoxious to the Democratic tensions within the the the separation of government and the and the and the checks and balances that we have so I just wanted to be exceptionally clear that I continuously see uh that for the Public's perception that the tensions that they often see when it comes to community councils and people say hey you know what is the fighting between the different branches in the Democratic processes there are always these tensions but when when when associ are made in vital ways to some extent beyond the scope of the of the democratic process itself and categorization of those actions as defined uh in today's proceedings was categorically obnoxious and I just wanted to make sure I was clear about that and also informing folks that the SE the tensions exist you know do a better job and helping to navigate the diverse interest of the municipality uh to the best of your ability rather than shortcutting and just calling foul because you're not getting your way thank you chair so just to summarize that the people on the back suggesting that we were acting in defiance is um quite a thing I think Mr Martinez words are point so for my part on the end of this meeting I'm very grateful to the members for seeing the wisdom of authorizing the assembly to protect its power um we've been in this fight with this Administration for a long time and every day there's a way that they're willing to Grant the assembly's legislative Authority away and this time we're acting in advance of us receiving notice that we have to spend five or 10 or $20 million in order not to be sued by a wealthy outside party and so I'm really grateful for that wisdom and to this branch in the public CPS making this argument oh we support the owner's group let's do that because that'll protect our water that'll protect our power there is a proposal to spend $57 million of tax and rate increases the doesn't actually achieve the goal that's required so we could spend $57 million and after a loss we would have to spend 57 more Net Present Value to achieve the goal of the program or we can spend the time now to square the difference between what is proposed and what is in the terms of the 1991 agreement and so I prefer to do the work upfront and now as much as possible and to speak again briefly about Miss Alon I've been on the body since 2017 that's seven years concluding beginning the 8th year April 2nd a month and a half away and this has been the policy of the municipality since April March of 2017 explicitly and every time the owner group has come and patted us on the head and made a good presentation and said they're there we're going to get there and didn't do anything um that's why we're here today that's why we're here today so the work is going to happen it's going to happen sooner or later so let's get to work and fix this and with that many people's favorite motion is in order by myself we are