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City and Borough Assembly

Regular Meeting

Sitka, AK · May 12, 2020

AgendaMinutes

Minutes

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes - Final City and Borough Assembly Mayor Gary Paxton Deputy Mayor Steven Eisenbeisz, Vice Deputy Mayor Kevin Mosher, Kevin Knox, Dr. Richard Wein, Valorie Nelson, Thor Christianson Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, May 12, 2020 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL Knox and Eisenbeisz participated by videoconferencing. Present: 7 - Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson IV. CORRESPONDENCE/AGENDA CHANGES No agenda changes. 20-109 Reminders, Calendars, and General Correspondence V. CEREMONIAL MATTERS None. VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) VII. PERSONS TO BE HEARD Matt Donohoe informed of a lawsuit from the state of Washington claiming that the whales are starving because of fishing in Alaska. Philip Younger encouraged to embrace the value of the tourism industry and stated the need to support for safe openings of the lodges and charter fishing industry. Charles Bingham encouraged a CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final May 12, 2020 slow and measured approach to reopening the community. VIII. REPORTS a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other Mayor - Paxton thanked the citizens for their endurance and for helping each other. Administrator - Leach reported he would be busy with CARES Act funding deadlines. He recognized staff's hard work. Attorney - Hanson thanked his assistant. Liaison Representatives - Wein reported on the Emergency Operations Center meeting. Knox told that the Port and Harbors Commission would meet May 13. He reported on the Parks and Recreation Committee meeting. Clerk - Peterson told of board and commission vacancies. IX. CONSENT AGENDA A motion was made by Mosher that the Consent Agenda consisting of item A be APPROVED. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson A 20-103 Approve the minutes of the April 23, April 28, and May 5 Assembly meetings This item was APPROVED ON THE CONSENT AGENDA. X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS None. XI. UNFINISHED BUSINESS: B ORD 20-10 An Emergency Ordinance of the City and Borough of Sitka making a supplemental appropriation to the FY2020 budget per Section 11.10(a) of the Home Rule Charter of the City and Borough of Sitka (second reading - first reading of the emergency ordinance was approved March 16) Municipal Administrator John Leach reminded this was emergency funding set aside, that $41,000 had been spent to date of supplies and contract purchase services. A motion was made by Mosher that this emergency ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson C ORD 20-17 Adopting budgets and capital improvement plans for the General Fund, Internal Service Funds, and Special Revenue Funds for the fiscal year July 1, 2020 through June 30, 2021 CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final May 12, 2020 A motion was made by Mosher that this ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Paxton, and Mosher No: 2- Wein, and Nelson D ORD 20-18 Adopting the budget and capital improvement plan for the Electric Fund for the fiscal year July 1, 2020 through June 30, 2021 George Paul was not in support and felt that grants from COVID-19 should supplement rate increases. Nelson was not in support and felt the community was hurting. Mosher commented that there was a 2.5% rate increase, felt that the budget was an educated guess due to the climate, and that adjustments could be made later. A motion was made by Christianson that this ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Paxton, and Mosher No: 2- Wein, and Nelson E ORD 20-19 Adopting the budget and capital improvement plan for the Water Fund for the fiscal year July 1, 2020 through June 30, 2021 A motion was made by Mosher that this ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Paxton, and Mosher No: 2- Wein, and Nelson F ORD 20-20 Adopting the budget and capital improvement plan for the Wastewater Fund for the fiscal year July 1, 2020 through June 30, 2021 and amending Title 15 "Public Utilities" of the Sitka General Code to increase Section 15.04.320 "Rates and Fees" A motion was made by Christianson that this ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Paxton, and Mosher No: 2- Wein, and Nelson G ORD 20-21 Adopting the budget and capital improvement plan for the Solid Waste Fund for the fiscal year July 1, 2020 through June 30, 2021 and amending Title 15 "Public Utilities" of the Sitka General Code to increase solid waste disposal rates in Section 15.06.020 "Solid Waste Disposal Policy and Rates," Section 15.06.035 "Rates for Treatment and Collection," and Section 15.06.045 "Transfer Station Drop-Off Charges and Special Refuse Collection Charges" A motion was made by Mosher that this ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Paxton, and Mosher CITY AND BOROUGH OF SITKA Page 3 City and Borough Assembly Minutes - Final May 12, 2020 No: 2- Wein, and Nelson H ORD 20-23 Adopting budgets and capital improvement plans for the Airport Terminal Fund, the Marine Service Center Fund, and the Gary Paxton Industrial Park Fund for the fiscal year July 1, 2020 through June 30, 2021 A motion was made by Christianson that this ordinance be APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 6- Christianson, Eisenbeisz, Knox, Paxton, Mosher, and Nelson No: 1- Wein I ORD 20-22 Adopting the budget and capital improvement plan for the Harbor Fund for the fiscal year July 1, 2020 through June 30, 2021 A motion was made by Christianson that this ordinance by APPROVED on SECOND AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Paxton, and Mosher No: 2- Wein, and Nelson J RES 20-10 Increasing permanent and temporary moorage rates and other harbor fees and charges (Action on this item was postponed at the April 28 meeting) Matt Donohoe was not in support and told of the fishing industry and market. He felt there must be a way to avoid repairs and to live with what we had. He stated the Harbor Master Plan needed to be readdressed. Kari Johnson Fish asked to consider not increasing moorage at this time especially with the environment and noted the impacts to the fishing industry and the market. Lexi Hackett stated the fishing industry would keep employing and it needed nurturing. She wondered if the increase was necessary this year. Wein agreed with the fishing industry and market, and felt the process was broken prior to the Crescent Harbor project wondering if it needed to be replaced. He stated the fee increases were unsustainable and felt that the CARES Act funding could be eligible for relief. Paxton thought the state would use CARES Act funding for fisheries. Christianson thought to use CARES Act funding for harbor rates. He reminded that the increase was recommended by the Port and Harbors Commission and if there was not a rate increase this year, it would be much higher next year. Mosher was not in support and felt the community could not afford the rate increase. He thought that projects could be pushed out into the future so that drastic increases wouldn't be needed. Nelson was not in support and stated that rates could not keep raising as it would encourage harbor users to trailer and there would be a decline of filled harbor stalls. Knox stated the Port and Harbors Commission was firm on the Master Plan and the next three years of increases. He told of the increasing cost of delaying projects. He thought the Harbor Fund and Master Plan needed to be looked at. He mentioned that eliminating an entire harbor system wouldn't solve the problem as it eliminated the revenue as well. He told that there was a lot of time at the commission level spent that allowed for public comment. Eisenbeisz wondered of the discrepancies between the public and the Port and Harbors Commission. Wein commented of his presence at the Port and Harbor Commission meeting and mentioned rate leveling rather than a lower rate this year and higher next. Public Works Director Michael Harmon clarified the history of Crescent Harbor and CITY AND BOROUGH OF SITKA Page 4 City and Borough Assembly Minutes - Final May 12, 2020 funds spent. He told of invasive species on floats that were not able to be reused according to federal laws. He stated that in 2012, ANB Harbor was replaced. Municipal Administrator John Leach reminded that the budgeted increases would affect the outcome of the previously passed budget ordinance for the Harbor Fund for FY 2021. Chief Finance and Administrative Officer Jay Sweeney explained the code requirement of a resolution to raise moorage rates. A motion was made by Christianson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Wein, and Paxton No: 2- Mosher, and Nelson XII. NEW BUSINESS: K 20-108 Rescind the motion at the April 14 Assembly meeting approving Emergency Ordinance 2020-14 requiring all people arriving in Sitka, without exception unless determined a critical healthcare worker, to self-quarantine for 14 days before working for critical workforce infrastructure businesses and requiring such businesses to submit a protection plan to the City and Borough of Sitka that must be approved by the Municipal Administrator Theresa Helem hoped to open up the city and stated the longer things were kept closed, the worse it would be. George Paul felt that Sitka had been locked down for longer than the standard 14 days. He urged to eliminate the 14 day self quarantine and to follow state mandates. Eric Jordan felt that the 14 day self-quarantine was important and it was Assembly responsibility to keep Sitka safe. He was in support of extending the self-quarantine until May 26. Monica Eastham did not feel that canceling the ordinance was the way to proceed. She felt that masks should be mandatory in public. Jennifer Carter said that Sitka remained one of the safest cities in part because of the collective behavior. She urged the Assembly to not rescind the ordinance. Bob Medinger was in support of extending ordinance 2020-14 and noted the exceptional job at limiting the infections and deaths. He noted the potential impacts of allowing non-quarantined visitors that may bring the virus to Sitka. Nelson felt it was important to rescind ordinance 2020-14. She told that the state mandated a self-quarantine for 14 days. She noted the construction projects that were being impacted and told of concerns with overall mental health. She stated those at high risk should stay home. Christianson said he understood the fatigue of hunkering down but stated that when the state relaxed, Sitka would too. He was in support of a short list of exceptions that wouldn't have to self-quarantine, but noted the risk. Knox stated that the state mandate expired on May 19 and did not feel that the Governor indicated that it would be extended. He was not in support of rescinding. Wein felt that the ordinance had served its purpose. He noted that risk could be mitigated but not eliminated. He noted the confusion the ordinance created for contractors and felt that it inhibited conducting business. He felt the move to state mandates was appropriate. Paxton pointed out that Sitka was well prepared to follow state mandates and felt that Sitka had the capacity to handle the virus. Mosher noted that state mandates were still in effect and projects needed to be done. He felt the ordinance was to flatten the curve and that Sitka could not be completely isolated. He suggested being careful but that some risk must be accepted. Municipal Administrator John Leach confirmed the state mandates still existed for the 14 day self-quarantine and that the mandate would be reevaluated on May 19. He CITY AND BOROUGH OF SITKA Page 5 City and Borough Assembly Minutes - Final May 12, 2020 stated the ordinance confused businesses. A motion was made by Mosher to rescind the motion at the April 14 Assembly meeting approving Emergency Ordinance 2020-14 requiring all people arriving in Sitka, without exception unless determined a critical healthcare worker, to self-quarantine for 14 days before working for critical workforce infrastructure businesses and requiring such businesses to submit a protection plan to the City and Borough of Sitka that must be approved by the Municipal Administrator. The motion PASSED by the following vote. Yes: 5- Eisenbeisz, Wein, Paxton, Mosher, and Nelson No: 2- Christianson, and Knox L RES 20-17 Urging the people in the City and Borough of Sitka to follow the State of Alaska COVID-19 Health Mandates and continue to practice appropriate public health protocols to limit the spread of COVID-19 Jennifer Carter asked to approved the resolution which would continue to protect the health of the community. Wein felt this was following common sense. He noted that there were no successful vaccinations or treatments for COVID-19. Nelson felt that the resolution was unenforceable. She told of clerical errors. Mosher appreciated the intent but was not in support. He said that Sitkans were doing the right thing, had good common sense, and may seem condescending. He stated that it was not enforceable. Knox felt there was a lot of non-compliance and this reiterated the importance of requirements and recommendations. Eisenbeisz reminded those that might be at risk to take appropriate measures and stated that there were still state mandates to follow. He felt that the ordinance singled out commercial fishing and processing and noted that the seasonal workforce was large and diverse. Christianson felt like this resolution was supporting the state and wasn't too concerned with the wording. He was in support and felt it reminded people of the state's requirements/recommendations. He said that if it stopped one or two infections, it had achieved the job. A motion was made by Christianson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 5- Christianson, Eisenbeisz, Knox, Wein, and Paxton No: 2- Mosher, and Nelson M 20-105 Waive and accept late applications filed for the “Senior Citizen Exemption” to real property taxes: Sandra Greba, Beth Kindig, and Karen Lucas Wein was in support of the request by the applicants. Eisenbeisz thanked staff for working with the citizens although realized that there was code to follow, he was in support of allowing for instances such as this. Municipal Administrator John Leach thanked Assessor Larry Reeder for his work through this process. A motion was made by Nelson to waive and accept late applications filed for the "Senior Citizen Exemption" to real property taxes: Sandra Greba, Beth Kindig, and Karen Lucas. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson CITY AND BOROUGH OF SITKA Page 6 City and Borough Assembly Minutes - Final May 12, 2020 N 20-106 Approve the City and Borough of Sitka Athletic Field Use Policy and Guidelines as recommended by the Parks and Recreation Committee Knox had some questions for staff and offered to possibly postpone this until the next regular meeting. A motion was made by Christianson to POSTPONE this item to the next regular Assembly meeting on May 26. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson O 20-104 Discussion / Direction / Decision regarding a recommendation whether to enter negotiations on a final contract with a developer to construct, maintain, and operate a haulout and shipyard at the Gary Paxton Industrial Park in accordance with the Request for Proposal Gary Paxton Industrial Park (GPIP) Board Director Garry White gave history of the proposals and the process. He stated the GPIP Board was asking for the Assembly to approve the process which would allow city staff to negotiate with the company. Kelly Warren went over the proposed plan to operate and manage the marine haulout noting that construction would take place in three phases. He told that phase 1 estimated to be completed in June of 2021 and vessels would be able to be hauled out after phase 1 was complete. He stated the haulout had no affiliation with Silver Bay Seafoods. Although the number was yet to be quantified, he confirmed that boats from 35 feet to 300 tons would be able to be hauled out without much time in the conversion to accommodate different sized vessels. Dan Cooper spoke to possible funding coming from the Southeast Economic Development Fund with repayment and that phase 1 would cost approximately $1.5 million. He stated phase 1 would consist of constructing what was necessary, the lift, wash rack, small offices, and electric service in the yard. He told of the insurance requirement and felt that any environmental insurance policy would be absorbed. Public Comment: Jeremy Serka, a member of a local haulout group was looking at an agreement to use a lift and land. He said the group would come up with their own funding, had a business plan, but did not get a proposal in. Serka asked the city to not give away the property. Chris Hanson stated the haulout facilities are lacking in Sitka but would like to be able to haulout in Sitka. He told of haulout needs of slings, a pier, and a travel lift. He said a RFP requirement was to be able to haulout boats of 32 feet. He had concerns with the proposal stating it was geared toward larger boats. Greg Miller stated the plant and electrical was on the property and would be willing to work with a developer. He stated he was working with the local haulout group. Rob Allen recommended delaying making a commitment to negotiate with either party on the construction and operation. He stated the low scoring on important elements of the proposal and said that waiting or requiring better proposals would be in the best interest of the city. Michael Nurco urged to have a municipal body created to control how the lands at the new boat/shipyard are used and gave the example of a Port Authority. He asked to hold off on committing to either of the replies of the RFP. George Paul felt that the plan presented was good and it would bring tax money into Sitka. Nelson told of concerns with regards to not being able to accommodate smaller vessels. She stated she was willing to give 30 days to see if the proposal would work. Christianson stated concerns and confirmed that the machine to be used was a lift and not a trailer. He added that Allen Marine was hauling boats out and didn't feel that the CITY AND BOROUGH OF SITKA Page 7 City and Borough Assembly Minutes - Final May 12, 2020 timing was as critical as it was prior to the COVID-19 pandemic. He wondered about the grant availability and if there could be communication with both groups. Knox told of concerns and brought up the idea of having a co-op. He stated he would like some concrete design perimeters and mechanics laid our of the proposal on how it would operate. He noted the piece of machinery they would use for haulouts was unique. Eisenbeisz stated his concerns with the insurance and the capability of the machine. Mosher told of the RFP process and that it should move forward as he felt that it was important to follow policy. Paxton noted the ability to reject the proposal, that it was a negotiation. Wein felt that by going with the RFP route, it was lost time and would rather have the city organize it. He thought that if the grants were obtained, that was the better plan. He was not in support of the negotiations. Municipal Attorney Brian Hanson advised that the Assembly could move forward with the negotiations or reject all bids. He clarified that the proposals could be rejected if all the bids were unresponsive, but not for a late bidder submitting a proposal. Municipal Administrator John Leach commented that it should take no longer than 30 days for negotiations. A motion was made by Nelson to direct the Administrator to enter negotiations on a final contract with WC Enterprises to construct, maintain, and operate a haulout and shipyard at the Gary Paxton Industrial Park in accordance with the RFP. Yes: 5- Christianson, Knox, Paxton, Mosher, and Nelson No: 2- Eisenbeisz, and Wein P RES 20-11 Authorizing the Municipal Administrator to apply for a Build 2020 Grant with the U.S. Department of Transportation (USDOT) for $6,539,200 with a 20% match commitment to support haulout infrastructure at the Gary Paxton Industrial Park (GPIP) (1st and final reading) Garry White SEDA Executive Director stated that a haulout was a main strategy of the Gary Paxton Industrial Park. He said that the grant would be if negotiations fell through with the RFP. It could work in conjunction with the proposal. Municipal Administrator John Leach told that the grant was due on May 19th. He felt like this could be worked in with negotiations or as a back up plan. He told of the high marks on the cost benefit analysis. Wein was in support. A motion was made by Nelson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson Q RES 20-12 Authorizing the Municipal Administrator to apply for a Build 2020 Grant with the U.S. Department of Transportation (USDOT) for $7,378,320 with a 20% match commitment to support the reconstruction of the port wall and crane at the Marine Services Center (1st and final reading) Garry White SEDA Executive Director told of the SEDA Board of Directors meeting in May of 2019 with users of the Marine Service Center (MSC) and heard how important the MSC was to the local fishing fleet. Municipal Administrator John Leach told of different grant opportunities and the CITY AND BOROUGH OF SITKA Page 8 City and Borough Assembly Minutes - Final May 12, 2020 strategy and options of them. Jeremy Serka wondered if there was a match requirement and where that funding would come from. A motion was made by Nelson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson R RES 20-18 Authorizing the Municipal Administrator to apply for a Port Infrastructure Development Program (PIDP) 2020 Grant with the U.S. Department of Transportation (USDOT) for $7,378,320 with a 20% match commitment to support the reconstruction of the Port Wall and Crane at the Marine Services Center (MCS) (1st and final reading) Wein wondered if the Marine Service Center grant was a competitor of this. Municipal Administrator John Leach went over the strategy and requirements of the grant. He noted that authorizing him to execute the grant didn't mean that the city would get them or accept them. A motion was made by Mosher that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson T RES 20-13 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of certain of its 2010 general obligation bonds, which provided funds to purchase electric revenue bonds issued by Sitka to the Bond Bank under a loan agreement between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into an amendatory loan agreement with the Bond Bank setting forth revised debt service schedules for the loans evidenced by Sitka’s 2010 bonds, in accordance with the 2010 loan agreement, if the Bond Bank successfully refinances its 2010 bonds; authorizing the issuance of amended electric revenue bonds to the Bond Bank to evidence the refinanced loans; and establishing an effective date (1st and final reading) By general consensus the Assembly moved item S after item W. Chief Finance and Administrative Officer Jay Sweeney went over the structure of the borrowing from the Bond Bank Authority and gave an overview of the process. He told of interest rates, value proposition, the call date, advanced refunding, and refinancing. Bond Counsel David Thompson stated the result in savings to refinance the bonds with a lower interest rate. Director Fred Eoff with PFM Financial Advisors LLC, gave history of the market and highlighted the interest rate. He told of savings. Wein noted savings and wondered if it affected the escrow account. A motion was made by Mosher that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson CITY AND BOROUGH OF SITKA Page 9 City and Borough Assembly Minutes - Final May 12, 2020 U RES 20-14 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of certain of its bonds issued in 2013 and 2014, which provided funds to purchase electric revenue bonds issued by Sitka to the Bond Bank under loan agreements between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into one or more amendatory loan agreements with the Bond Bank setting forth revised debt service schedules for the loans evidenced by Sitka’s bonds, in accordance with the applicable loan agreements, if the Bond Bank successfully refinances its bonds; authorizing the issuance of refunding electric revenue bonds to the Bond Bank to evidence the refinanced loans; and establishing an effective date (1st and final reading) A motion was made by Christianson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson V RES 20-15 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of its bonds that provided funds to purchase Sitka’s Harbor Facilities Revenue Bond, 2013, issued by Sitka to the Bond Bank under a loan agreement between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into an amendatory loan agreement with the Bond Bank setting forth a revised debt service schedule for the loan evidenced by Sitka’s 2013 bond, in accordance with the 2013 loan agreement, if the Bond Bank successfully refinances its 2013 Bonds; authorizing the issuance of an amended harbor revenue bond to the Bond Bank to evidence the refinanced loan; and establishing an effective date (1st and final reading) A motion was made by Nelson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson W RES 20-16 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of its bonds that provided funds to purchase general obligation bonds issued by Sitka to the Bond Bank under loan agreements between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into one or more amendatory loan agreements with the Bond Bank setting forth revised debt service schedules for the loans evidenced by Sitka’s bonds, in accordance with the applicable loan agreements, if the Bond Bank successfully refinances its bonds; authorizing the issuance of refunding general obligation bonds to the Bond Bank to evidence the refinanced loans; and establishing an effective date (1st and final reading) A motion was made by Nelson that this resolution be APPROVED on FIRST AND FINAL READING. The motion PASSED by the following vote. Yes: 7- Christianson, Eisenbeisz, Knox, Wein, Paxton, Mosher, and Nelson S 20-107 Discussion on CARES Act fund distribution programs A motion was made by Christianson to EXTEND the meeting to 11:00 p.m. The CITY AND BOROUGH OF SITKA Page 10 City and Borough Assembly Minutes - Final May 12, 2020 motion FAILED by the following vote. Yes: 5 - Christianson, Knox, Wein, Paxton, and Mosher No: 2 - Eisenbeisz, and Nelson Nelson stated she would like a CARES Act work session. Christianson felt a discussion was needed of the possibility to assist citizens with utilities and harbor moorage from funding received. Mosher added, to use the money in an equitable and effective way that followed guidelines and thought to form a subcommittee on how to spend the remaining money. Wein was in support with a work session. He stated a work group was needed to establish guidelines for the fairest way to move forward. Paxton thought to identify businesses that needed help but how to create a system would be a challenge. Municipal Administrator John Leach felt that prioritization and guidelines would be helpful. Public Comment: Robin Sherman Program Manager for the Sitka Legacy Fund urged to include Sitka's non-profit businesses for CARES Act distribution. Pat Kehoe asked for assistance for small businesses. Frances Donohoe encouraged to use a part of the CARES Act funds to help relieve small businesses. X ORD 20-26 Amending Title 2 "Administration", Chapter 2.04 "City and Borough Assembly", Section 2.04.010 "Agenda" (1st reading) This item would be placed on the next regular Assembly meeting under Unfinished Business as there was not sufficient time remaining in the meeting for this item to be addressed prior to the automatic adjournment of 10:30 p.m. XIII. PERSONS TO BE HEARD: None. XIV. EXECUTIVE SESSION None. XV. ADJOURNMENT A motion was made by Mosher to ADJOURN. Hearing no objections, the meeting ADJOURNED at 10:28 p.m. ATTEST: _______________________________ Melissa Henshaw, CMC Deputy Clerk CITY AND BOROUGH OF SITKA Page 11

Agenda

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Meeting Agenda City and Borough Assembly Mayor Gary Paxton Deputy Mayor Steven Eisenbeisz, Vice Deputy Mayor Kevin Mosher, Kevin Knox, Dr. Richard Wein, Valorie Nelson, Thor Christianson Municipal Administrator: John Leach Municipal Attorney: Brian Hanson Municipal Clerk: Sara Peterson Tuesday, May 12, 2020 6:00 PM Assembly Chambers REGULAR MEETING I. CALL TO ORDER II. FLAG SALUTE III. ROLL CALL IV. CORRESPONDENCE/AGENDA CHANGES 20-109 Reminders, Calendars, and General Correspondence Attachments: 01 Reminders and Calendars 02 SPD 2nd QUARTERLY ADMINISTRATIVE REPORT 03 PW Assembly Update_4 April 5.1.20 V. CEREMONIAL MATTERS None. VI. SPECIAL REPORTS: Government to Government, Municipal Boards/Commissions/Committees, Municipal Departments, School District, Students and Guests (five minute time limit) VII. PERSONS TO BE HEARD Public participation on any item off the agenda. All public testimony is not to exceed 3 minutes for any individual, unless the mayor imposes other time constraints at the beginning of the agenda item. VIII. REPORTS CITY AND BOROUGH OF SITKA Page 1 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 a. Mayor, b. Administrator, c. Attorney, d. Liaison Representatives, e. Clerk, f. Other IX. CONSENT AGENDA All matters under Item IX Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A 20-103 Approve the minutes of the April 23, April 28, and May 5 Assembly meetings Attachments: Consent and Minutes X. BOARD, COMMISSION, COMMITTEE APPOINTMENTS None. XI. UNFINISHED BUSINESS: B ORD 20-10 An Emergency Ordinance of the City and Borough of Sitka making a supplemental appropriation to the FY2020 budget per Section 11.10(a) of the Home Rule Charter of the City and Borough of Sitka (second reading - first reading of the emergency ordinance was approved March 16) Attachments: Motion and Ord 2020-10 C ORD 20-17 Adopting budgets and capital improvement plans for the General Fund, Internal Service Funds, and Special Revenue Funds for the fiscal year July 1, 2020 through June 30, 2021 Attachments: 01 Motion Ord 2020-17 02 Memo Ord 2020-17 03 Ord 2020-17 04 Item F Budget Changes-4-22-2020 05 FY2021 Draft Budget Book April 22 2020 FINAL D ORD 20-18 Adopting the budget and capital improvement plan for the Electric Fund for the fiscal year July 1, 2020 through June 30, 2021 Attachments: 01 Motion 2020-18 02 Memo Ord 2020-18 03 Ord 2020-18 04 Item G Budget Changes-4-22-2020 CITY AND BOROUGH OF SITKA Page 2 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 E ORD 20-19 Adopting the budget and capital improvement plan for the Water Fund for the fiscal year July 1, 2020 through June 30, 2021 Attachments: 01 Motion Ord 2020-19 02 Memo Ord 2020-19 03 Ord 2020-19 04 Item H Budget Changes-4-22-2020 F ORD 20-20 Adopting the budget and capital improvement plan for the Wastewater Fund for the fiscal year July 1, 2020 through June 30, 2021 and amending Title 15 "Public Utilities" of the Sitka General Code to increase Section 15.04.320 "Rates and Fees" Attachments: 01 Motion Ord 2020-20 02 Memo Ord 2020-20 03 Ord 2020-20 04 Item I Budget Changes-4-22-2020 G ORD 20-21 Adopting the budget and capital improvement plan for the Solid Waste Fund for the fiscal year July 1, 2020 through June 30, 2021 and amending Title 15 "Public Utilities" of the Sitka General Code to increase solid waste disposal rates in Section 15.06.020 "Solid Waste Disposal Policy and Rates," Section 15.06.035 "Rates for Treatment and Collection," and Section 15.06.045 "Transfer Station Drop-Off Charges and Special Refuse Collection Charges" Attachments: 01 Motion Ord 2020-21 02 Memo Ord 2020-21 03 Ord 2020-21 04 Item J Budget Changes-4-22-2020 H ORD 20-23 Adopting budgets and capital improvement plans for the Airport Terminal Fund, the Marine Service Center Fund, and the Gary Paxton Industrial Park Fund for the fiscal year July 1, 2020 through June 30, 2021 Attachments: 01 Motion Ord 2020-23 02 Memo Ord 2020-23 03 Ord 2020-23 04 Item L Budget Changes-4-22-2020 I ORD 20-22 Adopting the budget and capital improvement plan for the Harbor Fund for the fiscal year July 1, 2020 through June 30, 2021 Attachments: 01 Motion Ord 2020-22 02 Memo Ord 2020-22 03 Ord 2020-22 04 Item K Budget Changes-4-22-2020 CITY AND BOROUGH OF SITKA Page 3 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 J RES 20-10 Increasing permanent and temporary moorage rates and other harbor fees and charges (Action on this item was postponed at the April 28 meeting) Attachments: 01 Motion Res 2020-10 02 Res 2020-10 XII. NEW BUSINESS: K 20-108 Rescind the motion at the April 14 Assembly meeting approving Emergency Ordinance 2020-14 requiring all people arriving in Sitka, without exception unless determined a critical healthcare worker, to self-quarantine for 14 days before working for critical workforce infrastructure businesses and requiring such businesses to submit a protection plan to the City and Borough of Sitka that must be approved by the Municipal Administrator Attachments: 01 Motion to Rescind L RES 20-17 Urging the people in the City and Borough of Sitka to follow the State of Alaska COVID-19 Health Mandates and continue to practice appropriate public health protocols to limit the spread of COVID-19 Attachments: 01 Motion and Memo Res 2020-17 M 20-105 Waive and accept late applications filed for the “Senior Citizen Exemption” to real property taxes: Sandra Greba, Beth Kindig, and Karen Lucas Attachments: 01 Motion and Memo 02 Applications for exemption. N 20-106 Approve the City and Borough of Sitka Athletic Field Use Policy and Guidelines as recommended by the Parks and Recreation Committee Attachments: 00 Motion 01 Assembly memo for Athletic Field Use Policy 02 REVISION_Field Use Policy - Draft 4.7.2020 03 P&R compiled minutes 04 Athletic Field Use Permit Application 05 AthleticFieldUsePermitGuidelines_2019 CITY AND BOROUGH OF SITKA Page 4 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 O 20-104 Discussion / Direction / Decision regarding a recommendation whether to enter negotiations on a final contract with a developer to construct, maintain, and operate a haulout and shipyard at the Gary Paxton Industrial Park in accordance with the Request for Proposal Attachments: 00 Discussion Direction Decision 01 GPIP Waterfront development haul out proposals (2) 02 GPIP Haul out RFP Scoring001 03 RFP for Construction and Operation of Marine Haulout 04 WC Enterprises GPIP Shipyard map concept 3 05 WC Enterprises MHF Proposal 4-15-2020 06 Sitka Sound Industrial LLC GPIP Haulout and Shipyard Proposal Final 07 GPIP Mtg 4.27.2020 DRAFT Minutes P RES 20-11 Authorizing the Municipal Administrator to apply for a Build 2020 Grant with the U.S. Department of Transportation (USDOT) for $6,539,200 with a 20% match commitment to support haulout infrastructure at the Gary Paxton Industrial Park (GPIP) (1st and final reading) Attachments: Motion Res 2020-11 Memo Res 2020-11 REVISED Res 2020-11 GPIP Haulout narrative ASSEMBLY 5-5-20 Q RES 20-12 Authorizing the Municipal Administrator to apply for a Build 2020 Grant with the U.S. Department of Transportation (USDOT) for $7,378,320 with a 20% match commitment to support the reconstruction of the port wall and crane at the Marine Services Center (1st and final reading) Attachments: Motion Res 2020-12 Memo Res 2020-12 REVISED Res 2020-12 MSC Wall & Crane narrative ASSEMBLY 5-5-20 R RES 20-18 Authorizing the Municipal Administrator to apply for a Port Infrastructure Development Program (PIDP) 2020 Grant with the U.S. Department of Transportation (USDOT) for $7,378,320 with a 20% match commitment to support the reconstruction of the Port Wall and Crane at the Marine Services Center (MCS) (1st and final reading) Attachments: Motion 2020-18 REVISED Memo Res 2020-18 REVISED Res 2020-18 REVISED CITY AND BOROUGH OF SITKA Page 5 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 S 20-107 Discussion on CARES Act fund distribution programs Attachments: 00 Discussion 01 2020 CARES Act Funding White Paper 5.7 02 COVID-Relief-Fund-Guidance-4.23.2020 03 Coronavirus-Relief-Fund-Frequently-Asked-Questions 04 Coronavirus-Relief-Fund-Frequently-Asked-Questions-Updated-05020 T RES 20-13 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of certain of its 2010 general obligation bonds, which provided funds to purchase electric revenue bonds issued by Sitka to the Bond Bank under a loan agreement between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into an amendatory loan agreement with the Bond Bank setting forth revised debt service schedules for the loans evidenced by Sitka’s 2010 bonds, in accordance with the 2010 loan agreement, if the Bond Bank successfully refinances its 2010 bonds; authorizing the issuance of amended electric revenue bonds to the Bond Bank to evidence the refinanced loans; and establishing an effective date (1st and final reading) Attachments: Motion Res 2020-13 Memo Res 2020-13 Res 2020-13 REVISED 050820 AMBBA Taxable Advance Refunding Monitor March 16 2020 (2) Res 2020-13 AMBB 2020-1 Tax-Exempt Loan Matrix (4-27-20) Res 2020-13 U RES 20-14 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of certain of its bonds issued in 2013 and 2014, which provided funds to purchase electric revenue bonds issued by Sitka to the Bond Bank under loan agreements between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into one or more amendatory loan agreements with the Bond Bank setting forth revised debt service schedules for the loans evidenced by Sitka’s bonds, in accordance with the applicable loan agreements, if the Bond Bank successfully refinances its bonds; authorizing the issuance of refunding electric revenue bonds to the Bond Bank to evidence the refinanced loans; and establishing an effective date (1st and final reading) Attachments: Motion Res 2020-14 Memo Res 2020-14 Res 2020-14 AMBBA Taxable Advance Refunding Monitor March 16 2020 (2) Res 2020-14 AMBB 2020-1 Tax-Exempt Loan Matrix (4-27-20) Res 2020-14 CITY AND BOROUGH OF SITKA Page 6 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 V RES 20-15 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of its bonds that provided funds to purchase Sitka’s Harbor Facilities Revenue Bond, 2013, issued by Sitka to the Bond Bank under a loan agreement between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into an amendatory loan agreement with the Bond Bank setting forth a revised debt service schedule for the loan evidenced by Sitka’s 2013 bond, in accordance with the 2013 loan agreement, if the Bond Bank successfully refinances its 2013 Bonds; authorizing the issuance of an amended harbor revenue bond to the Bond Bank to evidence the refinanced loan; and establishing an effective date (1st and final reading) Attachments: Motion Res 2020-15 Memo Res 2020-15 Res 2020-15 AMBBA Taxable Advance Refunding Monitor March 16 2020 (2) Res 2020-15 AMBB 2020-1 Tax-Exempt Loan Matrix (4-27-20) Res 2020-15 W RES 20-16 Approving Sitka’s participation in a proposed refinancing by the Alaska Municipal Bond Bank of its bonds that provided funds to purchase general obligation bonds issued by Sitka to the Bond Bank under loan agreements between Sitka and the Bond Bank; authorizing the Municipal Administrator and Chief Finance and Administrative Officer to enter into one or more amendatory loan agreements with the Bond Bank setting forth revised debt service schedules for the loans evidenced by Sitka’s bonds, in accordance with the applicable loan agreements, if the Bond Bank successfully refinances its bonds; authorizing the issuance of refunding general obligation bonds to the Bond Bank to evidence the refinanced loans; and establishing an effective date (1st and final reading) Attachments: Motion Res 2020-16 Memo Res 2020-16 Res 2020-16 AMBBA Taxable Advance Refunding Monitor March 16 2020 (2) Res 2020-16 AMBB 2020-1 Tax-Exempt Loan Matrix (4-27-20) Res 2020-16 X ORD 20-26 Amending Title 2 "Administration", Chapter 2.04 "City and Borough Assembly", Section 2.04.010 "Agenda" (1st reading) Attachments: Motion Ord 2020-26 Ord 2020-26 XIII. PERSONS TO BE HEARD: Public participation on any item on or off the agenda. Not to exceed 3 minutes for any individual. CITY AND BOROUGH OF SITKA Page 7 Printed on 5/11/2020 City and Borough Assembly Meeting Agenda May 12, 2020 XIV. EXECUTIVE SESSION Not anticipated. XV. ADJOURNMENT Note: Detailed information on these agenda items can be found on the City website at https://sitka.legistar.com/Calendar.aspx or by contacting the Municipal Clerk's Office at City Hall, 100 Lincoln Street or 747-1811. A hard copy of the Assembly packet is available at the Sitka Public Library. Regular Assembly meetings are livestreamed through the City's website, aired live on KCAW FM 104.7, and broadcast live on local television channel 11. To receive Assembly agenda notifications, sign up with GovDelivery on the City website. Sara Peterson, MMC, Municipal Clerk Publish: May 8 CITY AND BOROUGH OF SITKA Page 8 Printed on 5/11/2020

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