Borough Assembly Regular Meeting Monday, December 02, 2024 12:00 PM Assembly Chambers

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When: Dec 2, 2024 12:00 PM Alaska
Topic: 12.2.2024 Assembly Meeting 

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1.Call To Order/Roll Call

2.Voluntary Pledge of Allegiance

3.Approval of Minutes

  1. A.November 18, 2024 Assembly Meeting Minutes

4.Amendment and Approval of Meeting Agenda

5.Public Hearings

6.Bid Awards

7.Persons to be Heard Related to Agenda
Persons wishing to share their views on any item on today's agenda may do so at this time.

8.Persons to be Heard Unrelated to Agenda
Persons with views on subjects not on today's agenda may share those views at this time.

9.Boards, Commission and Committee Reports

10.Consent Agenda

  1. A.Bond Counsel for 2025 GO School Bond

    Approval to hire Cindy Cartledge of the JDO law firm, for $25,000 plus costs, as bond counsel for the Borough for the 2025 GO School Bond approved by voters at the October 1, 2024 Municipal Election.

  2. B.The 420 Retail Marijuana Store License Renewal

    The 420 has applied with the Alcohol & Marijuana Control Office (AMCO) to renew their Retail Marijuana Store license.  AMCO has determined the application to be complete.  A local governing body may protest the renewal within 60 days of the notice that the application was filed.

11.Report of Other Officers

  1. A.Petersburg Medical Center Update

    PMC CEO Hofstetter will update the Assembly on Medical Center activities.

  2. B.US Forest Service Update

    Acting District Ranger Case provided a written update on Forest Service activities which is attached to this packet.

  3. C.Blind Slough Owner’s Dam Safety Plan (ODSP) 

    Utility Director Hagerman will present information about the Blind Slough Hydro, Owner’s Dam Safety Plan to the Assembly in keeping with FERC requirements.

12.Mayor's Report

  1. A.December 2, 2024 Mayor's Report

13.Manager's Report

  1. A.December 2, 2024 Manager's Report

14.Unfinished Business

  1. A.Ordinance #2024-22:  An Ordinance Clarifying that Property Obtained by Foreclosure and Which the Assembly Determines to Sell is Exempt from Sale Procedures and Requirements of Petersburg Municipal Code Chapters 16.12 and 16.16 - Third and Final Reading

    If adopted, Ordinance #2024-22 will clarify that the procedures and requirements of Code Chapters 16.12 and 16.16 do not apply to the disposal and sale of property obtained by the Borough in foreclosure proceedings.  Ordinance #2024-22 was unanimously approved in its first and second readings.

  2. B.Ordinance #2024-23:  An Ordinance Amending Chapter 14.20 of the Petersburg Municipal Code, Municipal Harbors, to Adopt Provisions Regarding Inactive Vessels - Third and Final Reading

    Adoption of Ordinance #2024-23 will impose storage fees, a marine condition survey, and proof of insurance on vessels in the harbors that are deemed inactive.  The Assembly unanimously approved Ordinance #2024-23 in its first and second readings.

15.New Business

  1. A.Resolution #2024-17:  A Resolution Adopting an Alternative Allocation Method for the FY 25 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 18: Central Southeast Area

    Each year the Borough approves a version of this Resolution adopting the alternative  allocation method for the current fiscal year's Shared Fisheries Business Tax  Program. Finance Director Tow is requesting approval of Resolution #2024-17 for FY 25.

  2. B.Resolution 2024-18: A Resolution of the Borough Assembly of Petersburg, Alaska, Opposing Proposal 156 to be considered at the January 28 – February 9, 2025, Alaska Board of Fisheries Meeting

    The Southern Southeast Regional Aquaculture Association sent a letter requesting that the Petersburg Borough Assembly adopt a resolution supporting SE Hatcheries and Opposing Proposal 156.

  3. C.Skylark Park LLC Application to Purchase Borough-Owned Lots 1, 2, 3, 5, 6, Block A, and Lot 5A, Block 221, Skylark II Subdivision, 90-14, and Government Lot 21, Section 33, T58S, R79E (Parcel ID #01.010.245, 247, 430, 752, 760, 764, and 766) for a Public Benefit Purpose Per PMC 16.12.030

    Skylark Park LLC has filed an application to purchase seven (7) Borough-owned lots for a public benefit purpose by providing affordable housing options.  The application states the lots will be used to hold single family homes or manufactured homes built after 2023 and will be sold.

    Code Section 16.12.030(B) states the Assembly may authorize disposal of borough property for less than the assessed or appraised value, or for other forms of consideration in addition to or in lieu of, in whole or in part, direct monetary payment to the Borough, when the proposed disposal is for a project meeting both of the following requirements:

    1.  the project consists of economic development consisting of installation, construction or operation of new or expanded industrial, manufacturing, or commercial facilities; construction of affordable housing; or construction of large residential housing developments creating five (5) or more residential lots that would address the shortage of reasonably priced housing within the Borough; and

    2.  the Assembly determines the project will result in a significant short- or long-term public benefit to the Petersburg Borough.  "Public benefit", as used hereunder, means a project that provides one or more positive economic or noneconomic impacts on the community that in the Assembly's determination outweigh maximizing the direct monetary payment to the Borough.

    Skylark Park LLC's application was forwarded to the Planning Commission for review and recommendation.  The Commission held a public hearing on November 12, 2024, and reviewed the Planning Commission staff report, which raised some concerns.  Ultimately, the Commission unanimously recommended the Assembly proceed with the disposal of the property.

    Per Code, Manager Giesbrecht prepared a report and recommendation to the Assembly, which is attached in this packet, and recommends the Assembly approve the application to move forward by direct negotiated sale at 50% of the appraised value of the lots, or $55,500.  Please see written report for more details.

    At this time, the Assembly is asked to determine whether the disposal meets the requirements of Code Section 16.12.030(B) and if so, determine whether the sale shall be by public sale (outcry auction or seal competitive bid) or by direct negotiated sale.  If the disposal will be by public sale, the Assembly may choose a date for the sale and a minimum price for each parcel.  If the disposal will proceed by direct negotiated sale, the Assembly may authorize the Borough Manager to commence such negotiations, the final terms of which are subject to Assembly approval.

  4. D.Alaska Airlines Essential Air Service Letter of Support

    Alaska Airlines has proposed to provide Essential Air Service for Cordova, Gustavus, Petersburg, Wrangell and Yakutat from May 2025 through April 2027. Attached is a draft letter of support for the Assembly's consideration.

  5. E.Appointment to the Southeast Alaska Power Agency Board of Directors for 2025 of One Voting and One Alternate Member

    In 2025, the Petersburg Borough is entitled to one voting member seat and one alternate seat on the SEAPA Board of Directors.  Letters of interest have been received from Bob Lynn and Karl Hagerman.

16.Communications

  1. A.A. Marohl 11.17.2024

  2. B.J. Adams 11.24.2024

17.Assembly Discussion Items

  1. A.Assembly Member Comments

  2. B.Recognitions

18.Adjourn