Borough Assembly Regular Meeting Monday, November 04, 2024 12:00 PM Assembly Chambers

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When: Nov 4, 2024 12:00 PM Alaska
Topic: Regular Assembly Meeting 

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1.Call To Order/Roll Call

2.Voluntary Pledge of Allegiance

3.Approval of Minutes

  1. A. October 21, 2024 Assembly Meeting Minutes

4.Amendment and Approval of Meeting Agenda

5.Public Hearings

  1. A.Public Hearing for Ordinance #2024-19:  An Ordinance Amending Chapter 4.30 of the Petersburg Municipal Code, Alaska Remote Seller Sales Tax Code

    Any public testimony regarding Ordinance #2024-19 should be given during this public hearing. A copy of Ordinance #2024-19 may be found under agenda item 14C. 

  2. B.Ordinance #2024-20:  An Ordinance Amending Chapter 14.30, Mountain View Manor Elderly Housing and Assisted Living Facility, to Institute a new Assisted Living Community Facility Fee to be Used for Facility Maintenance and Repair, to Require that Two Bedroom Assisted Living Units be Occupied by Two Residents, and to Increase Certain Fees

    Any public testimony regarding Ordinance #2024-20 should be given during this public hearing. A copy of Ordinance #2024-20 may be found under agenda item 14D. 

  3. C.Ordinance #2024-21:  An Ordinance Amending Chapter 16.16, Tidelands, of the Petersburg Municipal Code to Provide for Updated Provisions Regarding the Disposal of Tidelands and Submerged Lands

    Any public testimony regarding Ordinance #2024-21 should be given during this public hearing. A copy of Ordinance #2024-21 may be found under agenda item 14E. 

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.US Forest Service Update

    Petersburg District Ranger Case will update the Assembly on USFS activities. 

  2. B.Petersburg Medical Center

    PMC CEO Hofstetter will provide an update on Medical Center activities. 

12.Mayor's Report

  1. A.November 4, 2024 Mayor's Report

13.Manager's Report

  1. A.November 4, 2024 Manager's Report

14.Unfinished Business

  1. A.Ordinance #2024-17:  An Ordinance Amending Various Sections of Chapter 4.28 of the Petersburg Municipal Code, Entitled Sales Tax, to add Definitions and Rules Regarding Particular Businesses, and to Specify Sales Tax Exemptions Required by Law - Third Reading

    If adopted in three readings, Ordinance #2024-17 will enhance Chapter 4.28 by adding needed definitions and rules being used but not listed in Code and by specifying sales tax exemptions required by State or Federal law.  Ordinance #2024-17 was unanimously approved in its first and second readings.

  2. B.Ordinance #2024-18:  An Ordinance Adjusting the FY 2025 Budget for Known Changes - Third Reading

    This supplemental budget is for both revenues and expenses that were not expected during the time the original budget was put together this spring.

    Four of these items are for grants we have recently been awarded, as follows:  a State of Alaska Legislative grant for $30,000 to replace the shooting range boardwalk; a $900,000 Denali grant to rebuild the Banana Point Breakwater; a $216,210 grant from the Pacific States Marine Fisheries Commission to be used at the Scow Bay turnaround phase 1 project; and a $54,882 Title III National Forest Receipts grant to be spent on 10 sets of turnout gear for the fire department.

    Unanticipated expenses in this supplemental are: $6,000 in the Motor Pool Department to upgrade the tire changing machine; $5,000 in additional cost for the purchase of the Public Works pickup in the Motor Pool Department; $5,000 for advertising for debt authorization prior to the election and for the lead service line identification advertising; an additional $ 215,000 for the Harbor's dock shed (estimated at higher than budgeted); $16,000 for the temporary building official position in Community Development until the current building official has all of his credentials; the Fire Department's replacement values for vehicle insurance coverage was determined to be inadequately low, replacement values have been increased thus increasing the Fire Department's vehicle insurance cost by $41,954; $15,000 to replace the Water Department's sludge pond/backwash pump which has failed and cannot be rebuilt; and $8,500 for the Sanitation Department's hazmat event earlier this year, which cost more than anticipated.

    Three amendments were made to the ordinance during its second reading: 1) the 10% matching funds for the $900,000 Banana Point Breakwater grant that are not in-kind services will come from the Property Development Fund; 2) reduce the funds added to the Water Department's Machinery and Equipment line item from $20,000 to $15,000 for a total of budget line item of $20,000; and 3) remove the request to add $10,000 to the Wastewater Professional Services line item.

    Ordinance #2024-18 was unanimously approved, as amended, in its second reading.

  3. C.Ordinance #2024-19:  An Ordinance Amending Chapter 4.30 of the Petersburg Municipal Code, Alaska Remote Seller Sales Tax Code - Second Reading

    If approved in three readings, Ordinance #2024-19 will adopt the Uniform Alaska Remote Seller Sales Tax Code by reference and provide that the Assembly ratify subsequent amendments to the Uniform Code within 120 days of adoption by the Alaska Remote Seller Sales Tax Commission. Ordinance #2024-19 was unanimously approved in its first reading. 

  4. D.Ordinance #2024-20:  An Ordinance Amending Chapter 14.30, Mountain View Manor Elderly Housing and Assisted Living Facility, to Institute a new Assisted Living Community Facility Fee to be Used for Facility Maintenance and Repair, to Require that Two Bedroom Assisted Living Units be Occupied by Two Residents, and to Increase Certain Fees - Second Reading

    Ordinance #2024-20, if approved in three readings, will create a one-time Community Facility Fee of $2,000 for new residents moving into the facility which will be used for facility maintenance and repair, will require that future rented two bedroom Assisted Living units be occupied by two residents, increase the Assisted Living food cost from $350 to $450 per month, will add a security deposit and pet registration fee for Assisted Living units, and will provide for late fees. Ordinance #2024-20 was unanimously approved in its first reading. 

  5. E.Ordinance #2024-21:  An Ordinance Amending Chapter 16.16, Tidelands, of the Petersburg Municipal Code to Provide for Updated Provisions Regarding the Disposal of Tidelands and Submerged Lands - Second Reading

    Because the economic value of Petersburg's tidelands is great, Ordinance #2024-21 is written to provide that the sale of tidelands shall not be made for consideration less than the appraised full and true value rather than the assessed value, and to clarify the sale process to ensure any sale of tidelands is in the Borough's best interests.

    An amendment to Section 16.16.075C was made during the first reading to provide that the Harbor Board Chair shall notify the Clerk if the Harbor Board cannot provide a timely report to the Assembly regarding a tideland purchase application.  Ordinance #2024-21 was unanimously approved as amended in its first reading. 

15.New 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

    Ordinance #2024-22, if adopted by the Assembly in three readings, 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.

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

    If adopted in three readings, Ordinance #2024-23 will impose storage fees, a marine condition survey, and proof of insurance on vessels in the harbors that are deemed inactive.

  3. C.Application to Purchase Borough-Owned Property at 1020 Sandy Beach Road (Parcel ID #01-014-700)

    Ron and Anne Loesch have applied to purchase Borough-owned property located at 1020 Sandy Beach Road.  The parcel is assessed at $129,300, and is currently zoned Rural Residential, which requires a minimum lot size of 1 acre and is intended for one single-family home per acre.  Conditional uses in the Rural Residential zoning district include mobile homes and mobile home parks.  The immediate surrounding area is zoned Single-Family Residential or Public Use. 

    The Planning Commission held a public hearing regarding the application and has made recommendation to the Assembly to sell the parcel with comments as follows (see full Planning Commission report attached in this meeting packet):

    The subject property is not needed for any public purpose.

    The subject property is zoned as required by Code.

    The applicant has no plans for development of the property.

    The Assembly should consider initiating a rezone of the property to Single-Family Residential prior to disposal.  Single-Family Residential zoning would not require subdivision of the parcel, but it would be more in keeping with surrounding uses of the neighborhood, would allow for development that is consistent with the neighborhood, and would allow the option for future subdivision of the property into two to six lots.

    Mr. & Mrs. Loesch object to a rezone and request the parcel be left as Rural Residential.

    Borough Code Section 16.12.080C states, "In preliminarily determining whether to grant the interest sought, or to place terms or conditions on such interest, the Borough Assembly shall consider the nature, extent and cost of improvements which an applicant may construct, the value of an applicant's proposed use to the economy of the Borough and other relevant factors."

    Per Borough Code Section 16.12.080E, the Assembly shall determine whether the application shall move forward in the application process or be denied.  If the application is to move forward, the Assembly shall schedule a public sale (by either outcry auction or seal competitive bid) or exempt the application from public sale and direct the Borough Manager to commence direct negotiations with the applicants.]

    If the Assembly determines to proceed with a public sale of the parcel, a Resolution stating the date, time, minimum bid and other pertinent information will be brought before the Assembly for approval at the November 18 Assembly meeting.

  4. D.Election of Vice Mayor

    Charter Section 2.05B provides that no later than the first regular meeting of the assembly in November each year, the assembly shall elect from its membership a Vice Mayor.

  5. E.Assembly Member Appointments to Boards

    Mayor Jensen, with Assembly approval, will appoint Assembly Members as representatives or liaisons to the Southeast Conference, Alaska Municipal League, Harbors and Ports Advisory Board, Hospital Board, Public Safety Advisory Board, Local Emergency Planning Committee, the Early Childhood Education Task Force, and the Housing Task Force.  The 2023/2024 Assembly Appointment list is attached for reference.

16.Communications

17.Assembly Discussion Items

  1. A.Assembly Member Comments

  2. B.Recognitions

18.Adjourn