Wrangell Sentinel -

The borough assembly voted 3-2 Tuesday in favor of amending a resolution serving as the primary motivation for ongoing negotiations between Petersburg and Wrangell.

The original resolution, passed Dec. 10, 2013, directed borough manager Jeff Jabusch to enter into negotiations with Petersburg to switch the Tyee Electric project from Southeast Alaska Power Agency ownership and Thomas Bay Power Authority operation to SEAPA ownership and operation.

Despite the vote in favor the motion failed because resolutions require four votes in favor in order to be passed and Tuesday's rejected resolution would have repealed the earlier resolution in its entirety and replaced it with the changed language.

The original motion would have amended that resolution to include references to the separate Thomas Bay Power Commission. Assembly member James Stough had brought up the issue in previous discussions, saying many of the contracts with union shops were in the name of the Commission, a statutory creation of amendments of charters in both Petersburg and Wrangell. The Commission, which was primarily tasked with evaluating and developing potential future sites for hydroelectric projects, is distinct from the Authority, which serves as a contractor for SEAPA.

A transition without consultation on the part of the Commission could create a legal dilemma for both the Commission and the Assembly, Stough said.

One provision of the earlier resolution had called for the Commission to go into an inactive state.

The assemblies ordering their own statutory creation into hibernation would violate the borough charter and ordinances, Stough said.

“I don’t object to the letter going, the communities are asking for SEAPA to take over,” he said. “Going into an inactive state and going past Thomas Bay. Thomas Bay was formed and is part of our charter. By making these resolutions and going forward, you’re going over the top of Thomas Bay. The authority was given to Thomas Bay.”

“I think we need to get back to where we are following our own rules,” Stough added. “The process has to be directed toward Thomas Bay.”

In addition, the Commission has been left out of communications concerning the future of the Authority, Stough said.

“There is no communications going on between Thomas Bay and SEAPA,” he said. “We need to get that communication line open, and we need to move forward and accomplish what we need to accomplish, but we should do it in a responsible matter.”

Stough was recently elected to the TBPA Presidency, and has asked that four questions be taken to the city attorney for evaluation. The first question concerns the Commission President’s ability to negotiate without a resolution passed by the commission.

The second question concerns the ability of both the Authority, which is governed by the Commission, to opt out of the existing operations and maintenance contract without a clause in the agreement to do so, the third question focuses on the ability of Jabusch and the SEAPA CEO to opt out of a contract they themselves have not signed (because the contracts between TBPA and the International Brotherhood of Electrical Workers Local 1547 do not include the borough or SEAPA as a signatory), and questions the authority of either borough to negotiate a commission of their own statutory creation.

Jabusch has provided answers to the question, however, Stough said he would prefer the questions be sent to the city attorney for review.

In other business, the assembly voted 5-0 to approve revisions to the sections of borough code relating to the way sales tax and a cap is calculated in the borough. The borough also voted 5-0 to abolish the standing cemetery committee, and approved a contracted with Pacific Alaska Lumber Company LLC to replace the fenders at City Dock.

The assembly also heard a presentation from Julie Falle, a representative of the Green Dot campaign, about the campaigns methods of dealing with interpersonal violence, and a brief presentation from SEAPA representative Brian Ashton on the Agency’s latest meeting.