Borough Assembly Regular Meeting Monday, April 17, 2023 06:00 PM Assembly Chambers

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When: Apr 17, 2023 06:00 PM Alaska

Topic: April 17, 2023 Assembly Meeting

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1.Call To Order/Roll Call

2.Voluntary Pledge of Allegiance

3.Approval of Minutes

  1. A.April 3, 2023 Assembly Meeting Minutes

4.Amendment and Approval of Meeting Agenda

5.Public Hearings

  1. A.Public Hearing for Ordinance #2023-05:  An Ordinance Updating Chapter 17.02 of the Municipal Code, Entitled "Safety Code Adoption"

    Any public testimony regarding Ordinance #2023-05 should be given during this public hearing.  A copy of Ordinance #2023-05 may be found under agenda item 14B.

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

11.Report of Other Officers

  1. A.Siren Test Report

    Fire/EMS/SAR Director Hankins will provide a report on the siren test performed on March 29, 2023.

  2. B.Human Resources Practices and Procedures Report

    In response to inuiry by the Parks family and the public, Assembly Member Fine-Walsh will report on practices and procedures instituted by the Borough's HR Department since the tragic events of July 4, 2016 to improve the safety of Borough employees and residents.

  3. C.Impacts of Tourism Research Report

    Ryan Naylor, a Ph.D. student from Penn State University, has been conducting research in Petersburg, Wrangell, and Ketchikan from May 2022 to January 2023.  Mr. Naylor lived in Petersburg from May to July 2022, and again in January 2023, exploring how residents in the community perceive the impacts of tourism. More specifically, Mr. Naylor is exploring 1) how tourism impacts the local culture of the community, 2) how tourism integrates into existing livelihoods, and 3) how the community can manipulate tourism to ensure appropriate forms of community development. He is repeating this process in Ketchikan and Wrangell to understand how differences in cruise tourism volume influence each community and identify community- and region-specific patterns. Mr. Naylor is trying to ensure his research can inform local decision-making and has now returned for a community engagement trip to explore preliminary ideas and explore ways to give back to the community.

  4. D.New Petersburg Medical Center Project Report

    PMC CEO Hofstetter and Project Manager Jay Farmwald will provide a report on the status of the new hospital project.

12.Mayor's Report

  1. A.April 17, 2023 Mayor's Report

13.Manager's Report

  1. A.April 17, 2023 Manager's Report

14.Unfinished Business

  1. A.Ordinance #2023-04:  An Ordinance Adjusting the FY 2023 Budget for Known Changes - Third and final reading

    If approved in three readings, Ordinance #2023-04 will: 1) transfer 50% of General Fund surplus from FY 2022 to the Property Developoment Fund; 2) transfer $65,432 from the Property Development Fund to the Community Center Sewer Line project; 3) transfer $21,165.46 from the Hydro Substation project to the Blind Slough Hydro project; 4) transfer $12,916 from the Wastewater Department reserves to the Ira II Street project; 5) transfer $170,000 from the Electric Department reserves to the Diesel Plant Fuel budget line item to assure adequate funds for the annual SEAPA maintenance shutdown and diesel run in May/June; 6) increase the General Fund Attorney budget by $90,000 due to unanticipated legal expenses from the Pitta Rosse, Kerr and Koenigs lawsuits; 7) increase the South Harbor Dredging project budget of $635,000 due to encountering hard material during dredging operations; 8) increase to the Wastewater Professional Services budget of $35,000 to cover the hire of HDR Engineering to assist in completing ADEC forms for retention of the NPDES 301h secondary treatment waiver; 9) transfer $189,000 to a new Middle Harbor Dredging budget line item for removal of landslide debris from the Hammers Slough slide that is damaging the Middle Harbor; 10) increase of $20,000 to the Fire Engine Motor Pool budget line item to cover various equipment needed for the new vehcile; 11) increase of $80,000 to the Streets Department Motor Pool O&M budget line item due to increased parts costs and unanticipated necessary repairs; and 12) increase of $10,000 each to the Motor Pool Patrol Unit #54 and Patrol Unit #96 budget line items due to increased costs of chassis and vehicle uplifts.  The Ordinance was unanimously approved in its first and second readings.

  2. B.Ordinance #2023-05:  An Ordinance Updating Chapter 17.02 of the Municipal Code, Entitled "Safety Code Adoption" - Second Reading

    If approved in three readings, Ordinance #2023-05 will (1) update the local amendment to the International Building Code snow load requirement, and (2) adopt a local amendment to the International Residential Code for new insulatioin values.  The Assembly unanimously approved Ordinance #2023-05 in its first reading.

15.New Business

  1. A.Resolution #2023-04:  A Resolution Approving the Hospital Board's Site Selection for a New Hospital Facility, Authorizing the Hospital Board's Submission of Rezoning and Subdivision Applications for the Site, and Authorizing the Hospital Board to Proceed with Contracting with Dawson Construction for Preconstruction Services Under a Construction Manager/General Contractor Agreement

    If approved, Resolution #2023-04 will approve a site for a new hospital facility, authorize the Hospital Board to submit applications to rezone the property, plat a major subdivision, and vacate portions of Fram, Gjoa and N. 12th Streets, and authorize the Hospital Board to proceed with contracting with Dawson Construction for preconstruction services.

  2. B.Resolution #2023-05:  A Resolution Accepting $56,322 in Grant Funding from the State of Alaska, Department of Health and Social Services, for Round 2 of the Healthy and Equitable Communities Grant Program

    If adopted, Resolution #2023-05 will accept and distribute $56,322 in grant funds as follows: $28,736 for local emergency planning supplies, $17,177 for a microscope with a camera attachment for the PMC lab, and $10,409 for chain link fencing and safety materials for the Mort Fryer Ball Fields.

  3. C.Hospital Board Appointment

    Mayor Jensen, with approval of the Assembly, will make an appointment to the vacant seat on the Hospital Board.  The appointee will serve until the October 3, 2023 Municipal Election.  One letter of interest has been received from Jim Roberts.

  4. D.Reschedule May Assembly Meetings

    Borough Administration requests to reschedule the Assembly meetings for the month of May due to employee travel and consideration of the FY 2024 budget ordinance.  The meetings are currently scheduled for May 1 at noon and May 15 at 6:00 p.m.  We request rescheduling both meetings for one week later - May 8 at noon and May 22 at 6:00 p.m.  This temporary schedule will still leave two weeks between the second meeting in May and the first meeting in June.

  5. E.FY 2024 Budget Work Session

    Manager Giesbrecht and Finance Director Tow request the Assembly choose a date and time to hold a work session on the proposed Borough budget for FY 2024.

16.Communications

  1. A.Correspondence Received Since March 30, 2023

17.Assembly Discussion Items

  1. A.Assembly Member Comments

  2. B.Recognitions

18.Board of Equalization

The Assembly, acting as the Board of Equalization, will hear 2023 property tax assessment appeals.

The Borough's Contract Assessors, Appraisal Company of Alaska, will provide information to the Board of Equalization regarding the property valuation process for Petersburg.  This year 67 appeals were filed, including one appeal filed after the deadline, 46 of which have been resolved and withdrawn.  The BOE will need to vote on whether to hear the late filed appeal.

State Statute AS 29.45.210(b) - Appeal Hearing, mandates:

*The Appellant bears the burden of proof

*A successful appeal must establish that valuation is UNEQUAL, EXCESSIVE, IMPROPER or UNDERVALUED based on facts stated in a valid written appeal or proven at the appeal hearing.

  1. A.Appeal Filed After the March 31, 2023 Deadline

    Steve and Desi Burrell missed the appeal filing deadline.  They filed an appeal on April 10, 2023. 

    Borough Code Section 4.24.180 states:  Notice of appeal, in writing, specifying the grounds for the appeal and in the form that the board may require shall be filed with the assessor within 30 days after the date of mailing of notice of assessment.  In order to be timely filed, the appeal must be received in the offices of the borough finance department by not later than 5:00 p.m. on the thirtieth day following mailing.  If notice of appeal is not given within that period, the right of appeal shall cease as to any matter within the jurisdiction of the board, unless it is shown to the satisfaction of the board that the taxpayer was unable to appeal within the specified time.

    The BOE should decide whether to hear the Burrell's appeal.

  2. B.Wood, Charles Ed - Parcel #01-044-070; Appeal #2023-13

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  3. C.Bell, Shelyn Marie - Parcel #02-041-100; Appeal #2023-32

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  4. D.Ohmer, Nicholas - Parcel #01-004-010; Appeal #2023-36

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  5. E.Knight, Casey - Parcel #01-011-378; Appeal #2023-37

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  6. F.Wikan, Richard - Parcel #04-010-175; Appeal #2023-38

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  7. G.Thynes, Brandi - Parcel 01-002-351; Appeal #2023-49

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  8. H.Thynes, Brandi - Parcel #01-009-202; Appeal #2023-50

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  9. I.Thynes, Brandi - Parcel #01-056-735; Appeal #2023-51

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  10. J.Meeks, Phillip & Sandra - Parcel #04-010-120 (Point Agassiz Lot 9 Ramstead); Appeal #2023-56

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  11. K.Mathisen, Lenore - Parcel #01-001-270; Appeal #2023-57

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  12. L.Jensen, John & Pam - Parcel #04-010-110 (Point Agassiz Lot 7 Ramstead); Appeal #2023-58

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  13. M.Jensen, John & Pam - Parcel #04-010-125 (Point Agassiz Lot 10 Ramstead); Appeal #2023-59

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  14. N.Jensen, John & Pam - Parcel #04-010-130 (Point Agassiz Lot 11 Ramstead); Appeal #2023-60

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  15. O.Jensen, John & Pam - Parcel #04-010-135 (Point Agassiz Lot 12 Ramstead); Appeal #2023-61

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  16. P.JHD Real Estate (John Jensen) - Parcel #04-010-095 (Point Agassiz Lot 4 Ramstead); Appeal #2023-62

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  17. Q.JHD Real Estate (John Jensen) - Parcel #04-010-100 (Point Agassiz Lot 5 Ramstead); Appeal #2023-63

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  18. R.JHD Real Estate (John Jensen) - Parcel #04-010-140 (Point Agassiz Lot 13 Ramstead); Appeal #2023-64

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  19. S.JHD Real Estate (John Jensen) - Parcel #04-010-145 (Point Agassiz Lot 14 Ramstead); Appeal #2023-65

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  20. T.JHD Real Estate (John Jensen) - Parcel #04-010-180 (Point Agassiz Lot 21 Ramstead); Appeal #2023-66

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  21. U.JHD Real Estate (John Jensen) - Parcel #04-010-185 (Point Agassiz Lot 22 Ramstead); Appeal #2023-55

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

  22. V.Burrell, Desiree - Parcel #01-001-210; Appeal #2023-67

    Appeal Hearing Process (A-D are provided 3 minutes each to speak):

    A.  Appellant

    B.  Assessor

    C.  Appellant Rebuttal

    D.  Assessor Rebuttal

    E.  Questions from the Board of Equalization

    F.  Board of Equalization’s Decision – Any changes to the Assessor’s valuations must be based on facts presented at the BOE Hearing and the BOE must provide a reason for the changes.  The Appellant bears the burden of proof based on salient facts.

19.Adjourn