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Tab_245CERTIFICATE OF RESOLUTION I, Emily A. Deach, the Borough Clerk of the Municipality of Skagway, Alaska (the "Municipality"), DO HEREBY CERTIFY: 1. That the attached Resolution No. 15-1 OR (the "Resolution") is a true and complete copy of a resolution of the Assembly (the "Assembly") adopted at a regular meeting of the Assembly held on March 19, 2015, and duly recorded in my office; 2. That the meeting was duly convened and held in all respects in accordance with law; and that to the extent required by law, due and proper notice of such meeting was given; that a quorum was present throughout the meeting and a legally sufficient number of members of the Assembly voted in the proper manner for the passage of the Resolution; that all of the requirements and proceedings incident to the proper passage of the Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. Dated as of this 3rd day of November, 2016. MUNICIPALITY OF SKAGWAY, ALASKA ( Emily A. Deach,Borough Clerk 500045010 vi MUNICIPALITY OF SKAGWAY, ALASKA RESOLUTION NO. 15-bR A RESOLUTION of the Municipality of Skagway, Alaska, approving the Municipality's participation in a proposed refinancing by the Alaska Municipal Bond Bank of the Bond Bank's general obligation bonds that provided funds to purchase the Municipality's General Obligation Bond, 2008, under a loan agreement between the Municipality and the Bond Bank; and authorizing the Borough Manager to approve a revised schedule of principal and interest payments on the Municipality's 2008 Bond, in accordance with the loan agreement, if the Bond Bank successfully refinances its bonds. WHEREAS, the Municipality of Skagway, Alaska (the "Municipality"), to finance the cost of constructing and equipping the Edward A. and Jenny Rasmuson Community Health Center, issued and sold its General Obligation Bond, 2008, in the original principal amount of $4,990,000 (the "2008 Bond") to the Alaska Municipal Bond Bank (the "Bond Bank"), as authorized by Ordinance No. 08-11 of the Municipality adopted April 3, 2008 (the "Bond Ordinance"), on the terms and conditions set forth in the Bond Ordinance and in a loan agreement between the Municipality and the Bond Bank dated as of July 1, 2008 (the "Loan Agreement"); and WHEREAS, the Bond Bank issued and sold its General Obligation Bonds, 2008 Series Two (the "Bond Bank Bonds"), to provide funds to purchase the 2008 Bond, as provided in the Loan Agreement; and WHEREAS, Section 6 of the Loan Agreement provides that payments of principal of and interest on the 2008 Bond may be adjusted to reduce debt service on the 2008 Bond if the Bond Bank is able to achieve debt service savings by refunding the Bond Bank Bonds; and WHEREAS, the Bond Bank now intends to issue a series of its general obligation refunding bonds (the "Bond Bank Refunding Bonds") for the purpose, among others, of refunding the Bond Bank Bonds and achieving debt service savings; and WHEREAS, the Assembly wishes to approve the Municipality's participation in this refinancing and to authorize the Borough Manager to accept a revised debt service schedule for the 2008 Bond if the Bond Bank successfully refinances the Bond Bank Bonds; NOW, THEREFORE, BE IT RESOLVED by the Assembly of the Municipality of Skagway, Alaska, as follows: Section 1. Approval of Refinancing, The Assembly hereby approves the Municipality's participation in the Bond Bank's refinancing of the Bond Bank Bonds and authorizes the Borough Manager to approve a revised schedule of principal payment amounts and interest rates for the 2008 Bond, in accordance with Section 6 of the Loan Agreement, so long as the revised debt service schedule is financially advantageous to the Municipality. The revised schedule of debt service on the 2008 Bond and other provisions as may be required by the Bond Bank will be set forth in an Amendatory Loan Agreement and a refunding bond (the "2015 Bon(f) to be issued in exchange for the 2008 Bond. The Borough Manager or Treasurer is authorized to execute and deliver the Amendatory Loan Agreement on behalf of the Municipality and to deliver the 2015 Bond, executed in accordance with the provisions of the Bond Ordinance and this resolution, to the Bond Bank in exchange for the 2008 Bond. The Treasurer and other appropriate officers and employees of the Municipality are also hereby authorized to provide financial information about the Municipality that the Bond Bank may require for the official statement for the Bond Bank Refunding Bonds. Section 2. Tax Covenants Special Designation. The Municipality covenants to undertake all actions required to maintain the tax-exempt status of interest on the 2015 Bond under Section 103 of the Code. Section 3. General Authorization. The Mayor, Borough Manager, Borough Treasurer, Borough Clerk, Borough Attorney, and any other appropriate officers, agents, attorneys and employees of the Municipality are each hereby authorized and directed to cooperate with the Bond Bank and to take such steps, do such other acts and things, and execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable to carry out the terms and provisions of, and complete the transactions contemplated by, this resolution. Section 4. Prior Acts. Any and all acts heretofore taken by officers, agents, attorneys and employees of the Municipality in connection with refinancing the 2008 Bond are hereby ratified and confirmed. P:\20391001\203912U7 03/20/15 Section 5. Effective Date. This resolution will take effect immediately upon its adoption. ADOPTED this 19th day of March, 2015. A By Mark Schaefer, Mayor ii~u f Clerk To TmE -3- P:',20391_D0T20391_2U7 03120115 CLERK'S CERTIFICATE I, the undersigned, Borough Clerk of the Municipality of Skagway, Alaska (the "Municipality"), and keeper of the records of the Borough Assembly (the "Assembl)"), DO HEREBY CERTIFY: 1. That the attached resolution (the "Resolution") is a true and correct copy of Resolution No. 1 5-1 OR of the Municipality, as adopted at a meeting of the Assembly held on March 19, 2015, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a quorum was present throughout the meeting and a legally sufficient number of members of the Assembly voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been fully fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this March 20, 2015. rou Clerk Municipality of Skagway P'20391DO1'20391_2UT 03/20115 CERTIFICATE OF MINUTES I, Emily A. Deach, Borough Clerk of the Municipality of Skagway, Alaska (the "Municipality"), DO HEREBY CERTIFY that the attached is a true and correct copy of the minutes of the Assembly's meeting of March 19, 2015, showing Assembly approval of Resolution No. 15-10R authorizing the refinancing of the Municipality's General Obligation Bond, 2008, through the Alaska Municipal Bond Bank. Dated as of this 3rd day of November, 2016. MUNICIPALITY OF SKAGWAY, ALASKA mm- I Emily A. Deach, Borough Clerk 500045010 vi MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 1 of 14 1. Call To Order: Mayor Schaefer called the meeting to order at 7:00 p.m. 2. Roll Call: Present: Mayor: Mark Schaefer Assembly Members: Steve Burnham Jr., Tim Cochran, Angela Grieser, Gary Hanson, Dan Henry, Spencer Morgan Absent: 3. Approval of Minutes: Minutes for the March 5, 2015, regular Assembly meeting were approved by voice vote, with an additional note that Assemblyman Henry was excused, 6 yes, 0 no, 0 absent. 4. Approval of Agenda: The agenda of the March 19, 2015, regular Assembly meeting was approved by voice vote, 6 yes, 0 no, 0 absent. Reports of Officials and Committees: A. Mayor's Report: Mayor Schaefer noted that a letter was received from the Alaska Department of Fish and Game (ADF&G) stating that this is the last year for the salmon release program; Mayor Schaefer indicated he will contact the Fisheries Ad Hoc Committee to see what can be done. Mayor Schaefer noted that there is a bill in the Legislature regarding discontinuing Daylight Savings Time; Mayor Schaefer asked the Assembly to think about it and weigh in, as it could affect businesses and tourism. Mayor Schaefer appointed Cindy Rau as an alternate on the Clinic Board; the Assembly had no objection to the appointment. B. Finance Committee: Motion/Second: Henry/Cochran To approve General checks 108214 through 108284 totaling $551,891.18. Assemblyman Cochran noted that there is one check for Petro Marine Services, a company for which he is plant manager. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. Assemblyman Burnham reported that the Finance Committee discussed the bond resolutions on the agenda. Assemblyman Burnham indicated that the Committee also reviewed a draft land sale MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 2 of 14 ordinance for the Kollasch property and decided to set the interest rate at 7-percent if the purchaser chooses to finance through the Municipality. Assemblyman Burnham indicated that the Committee approved reallocating $4,000 to the Skagway Youth Wrestling Camp that was previously given to the Skagway School for a basketball camp. Assemblyman Burnham noted that the original funding request for the Youth Wrestling Camp will be considered for the FY 16 budget. Assemblyman Burnham indicated that the Committee discussed that Wells Fargo is offering a better interest rate than USDA on a loan for the Public Safety Facility; Treasurer Rodig will do more research and bring the matter back to the Committee. Assemblyman Henry indicated that the Sales Tax measure on the last ballot failed; however it is reckless to just write a check for the Public Safety Facility project. Assemblyman Henry indicated that when the sales tax rate was changed from 4-percent, the initial proposal was for 6-percent in the summer and 0-percent in the winter, which equals 3-percent for year-round residents. Assemblyman Hemy indicated that the change failed at the table; however, a 5-percent rate in the summer and 3-percent rate in the winter passed, which is effectively 4-percent sales tax for year- round residents. Assemblyman Henry indicated that the sales tax reserves are healthy but there are many projects to complete. Assemblyman Henry indicated that the onus is on the Municipality to finance the Seven Pastures levee, a recycling center and Small Boat Harbor improvements; the Public Safety Facility is not a desire, it is a need. Assemblyman Henry indicated that another look should be given to a 1-percent increase, as there is no threat to retail and revenue will increase by about $1.2 million annually. Assemblyman Henry noted that with a 30-year bond at 4-percent, the Municipality will pay about $687,000 annually to retire the debt of the Public Safety Facility bond. If a project such as the aqua health center is bonded, the 1-percent increase can retire debt for both projects. Assemblyman Henry indicated the Municipality could have done a better job to advance the proposed 1-percent sales tax increase. Assemblyman Henry indicated that the mill rate for property taxes is very low, when other communities have mill rates of at least 14 to 15 mills. Assemblyman Henry indicated it is time for Skagway to enjoy the spike in revenue it has seen since 1990, and he hopes the community would support a sales tax increase. Skip Elliott of Elliott Financial Management indicated that he has been involved with the Municipality for 35 years, and indicated that Skagway is fortunate to be in a position to address its quality of life. Mr. Elliott indicated he strongly supports a 6-percent / 0-percent sales tax structure. C. Public Safety Committee: Assemblyman Hanson indicated that the Public Safety Committee met and discussed an ordinance to allow shuttle service to Dyea for walking tours. Assemblyman Hanson indicated that the ordinance will be on the April 2 Assembly agenda. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 3 of 14 Assemblyman Hanson indicated that the Committee also addressed proposed leash laws, and several citizens spoke in favor of the ordinance and a few spoke against the ordinance. Assemblyman Hanson indicated that after discussion, the Committee recommended taking no action on the draft ordinance at this time. Assemblyman Hanson indicated the Committee discussed the Enhanced 911 ordinance, which is on the agenda. Assemblyman Hanson indicated that the Public Safety Facility Committee met and Manager Hahn noted that Carson Dorn is working on the water tank engineering; the Municipality hopes the tank is in place by the Fall. Assemblyman Hanson indicated that the Committee also discussed the design-build program for the Public Safety Facility; no one on staff has done a request for proposals (RFP) in this way. Assemblyman Hanson indicated that the architects will work with Ray Romanesko from DOWL to develop the RFP. Assemblyman Hanson indicated they met with the architects today and mostly discussed the design-build RFP process. D. Public Works Committee: None. E. Civic Affairs Committee: Assemblywoman Grieser indicated that the Civic Affairs Committee discussed the building numbering system and has tasked Police Chief Ray Leggett with developing the system. Assemblywoman Grieser indicated that the Committee also discussed revisions to the personnel policy and has posed some questions to staff. F. Health, Education and Welfare Committee: Assemblyman Cochran indicated that the Clinic Board and staff are still reviewing the HRSA matter. Assemblyman Cochran indicated that Carol Borg has asked for a leave of absence to join the Peace Corps and there are several new hires for the Clinic. Assemblyman Cochran indicated that the new blood pressure kiosk at the Clinic is up and running and can track statistics for each user. Assemblyman Cochran indicated that representatives from the Rasmuson Foundation will be in Skagway June 30 and a celebration is being prepared. Assemblyman Cochran reported that the Port Commission met, but not much can be decided about the 15-percent Gateway Project design until the Municipality gets the stakeholders together. G. Parks and Recreation Committee: Assemblyman Morgan indicated the Parks and Recreation Committee met to discuss the Outdoor Arts Facility guidelines and fee schedule, both of which are on the agenda. Assemblyman Morgan indicated the Committee discussed establishing 4-wheeler trail routes in West Creek; Assemblyman Morgan spoke to Lead Groundskeeper Gregg Kollasch about Public Works possibly looking into an alternative route. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 4 of 14 Assemblyman Morgan indicated he would like to see funding the budget for establishing firewood cutting areas in West Creek. Assemblyman Morgan indicated the Committee discussed the Denver Glacier trail and needs more information; currently the Municipality only advertises that trail from the location of the caboose, not the railroad tracks. Assemblyman Morgan reported that the Planning and Zoning Commission approved the rezone request for the Public Safety Facility, and it was a split vote. Assemblyman Morgan noted that with new members on the Commission it would be good to have training about running meetings, planning concepts and the role of the Commissioner. Assemblyman Morgan indicated it would be useful for the Board of Appeals as well. Assemblyman Morgan reported that the Commission discussed rental housing standards, and indicated that the citizens present expressed a need for more enforcement. H. Manager's Report: None 6. Communications to the Assembly: A. Correspondence: No additional correspondence was received. B. Hear Citizens Present: Jackie Schaefer, board member of the Skagway Chamber of Commerce, indicated that the Board appreciates the municipal funding for this fiscal year. Ms. Schaefer indicated that Office Administrator Blame Mero is ill and will be out for up to eight weeks; a temporary staff person has been hired and Sharon Bolton is helping out as well. Ms. Schaefer indicated the Chamber may need to hire another full-time person, and the Chamber is hoping for continued funding in the FYI budget. Lacey Chandonnet, vice-chair of the Historic District Commission (HDC), reported that HDC has been working on historic building plaques and will present a plan to the Assembly by April. Ms. Chandonnet indicated that there are ten buildings being considered currently, and the brass plaques will be 7-inches by 10-inches and have a standardized design; the plaques will include the year the building was constructed originally. Ms. Chandonnet indicated that as a recent HDC applicant she experienced the frustration of the application process and indicated that the process is faulty. Ms. Chandonnet indicated that the process has strayed from its original intent, the applications are confusing and the process is backwards. Ms. Chandonnet indicated that applicants need to know what is expected before they apply, not the other way around. Ms. Chandonnet urged the Assembly to look at the process, and suggested using an online application or holding a pre-application work session. Eric Hosford indicated he has questions regarding the leash law; Mr. Hosford indicated that the proposal was brought up because of actual statistics showing that dog bites are a public safety issue. Mr. Hosford questioned why the Public Safety Committee dismissed the proposal. Mr. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page of 14 Hosford indicated he fears the Municipality is discriminating against the minority culture of trappers; the Assembly will say one thing to your face and then get to the table and change its mind. Mr. Hosford indicated that statistics show that trapping is not a public safety issue; dogs are a public safety issue but it is a risk the Assembly is willing to take. Randy Fecteau indicated he is a trapper, hunter and fisherman, and he agrees with Mr. Hosford. David Moseley indicated that he agrees with Mr. Hosford and Mr. Fecteau. Jan Wrentmore indicated that she traveled to Juneau to speak to the Legislature about funding for the Alaska Marine Highway System (AMHS); the bill passed the House with significant cuts and if less ships make it to Skagway AIVIHS will see no revenue from them. Ms. Wrentmore indicated that the AMHS budget will sustain more cuts in the Senate. Ms. Wrentmore indicated that she met with Captain Neussl and Captain Falvey and it was a good meeting; Dennis Bousson was present as well and he is very knowledgeable about AJvIHS. Ms. Wrentmore indicated that they spiritedly discussed the desire for AIVIHS to report revenue by route segment; currently AMHS reports by vessel, which cannot identify which portion of the revenue comes from Skagway. Ms. Wrentmore indicated that many communities regulate trapping with similar ordinances and those ordinances have not been challenged. Ms. Wrentmore referred to the borough attorney's memo regarding the trapping ordinance and the ADF&G regulations referring to local regulations regarding prohibitions on trapping. Ms. Wrentmore indicated that repealing the trapping ordinance is wrong and heavy-handed and a lot went into the process; repealing the ordinance does not reflect the will of the majority. Ms. Wrentmore indicated that repealing the ordinance will not stop divisiveness and anger but will only enflame them. Ms. Wrentmore indicated that ADF&G may be helpful in resolving the conflict; tree traps are no problem, but citizens are scared of leg-hold traps. Ms. Wrentmore indicated that she is willing to work on the issue, and has written a proposal for ADF&G in the past. Robert Silcocks indicated that the trapping ordinance is already heavy-handed and the Municipality should start fresh and sit down together. Mr. Silcocks indicated that the trapping ordinance should be repealed, and he sees trapping as an emotional issue but not a public safety issue. Mr. Silcocks indicated that if a dog is caught in a trap, the dog was not under control. Mr. Silcocks agreed with Mr. Hosford regarding it being unfair to dismiss a leash law but not a trapping law. Lars Lawson, Brandon Arnold, Thor Henricksen and Mike Haffner agreed with Mr. Silcocks, C.E. Furbish indicated she will think more about the sales tax issue. Ms. Furbish indicated that she is against repealing the current trapping code because of the effort that was put into it. Ms. Furbish indicated that the Municipality should explore what can be done through ADF&G and build upon the ordinance, not start fresh. Ms. Furbish indicated that when she first came to Skagway there was no trapping near the trails and she has not had to worry about it; then she heard the trappers MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 6 of 14 say it was appropriate to put traps near trails and her sense of security evaporated, and she would like it back. Ms. Furbish indicated that the ordinance is what is needed to reassure those with property on the Dyea Road. Ms. Furbish agreed that the existing language needs to be fixed, and she encouraged the Assembly to work together with ADF&G. Kevin Grieser indicated that people fear for their pets but the existing trapping ordinance language cannot be kept, and the attorney and ADF&G are in agreement on this. Mr. Grieser indicated that the trapping code is not a compromise; the language should be gotten rid of and the Municipality should work with ADF&G to come up with something reasonable. Luke Rauscher asked why dogs off-leash are not a public safety issue and indicated that everyone has experience with biting dogs. IVfr. Rauscher indicated that it is a punch in the stomach when an actual public safety issue is dismissed and is not even brought to the Assembly when trapping is brought forward as a public safety issue. Mr. Rauscher indicated that this is prejudiced towards one user group. Mr. Rauscher encouraged the Assembly to strike the trapping chapter from code and bring the matter to ADF&G as a proposal, as it is the appropriate way to go about it. Jim Roberts agreed with Mr. Rauscher. 7. Ordinances, Resolutions & Proclamations: A. Second Reading and Public Hearing Ordinance No. 14-24; Authorizing the Municipality of Skagway to Lease Waterfront Property to Alaska Industrial Development and Export Authority (AIDEA) Beginning March 19, 2023 (postponed from March 5, 2015 Assembly Meeting) Motion/Second: Burnham/Hanson To postpone the motion for second reading and adoption of Ordinance No. 14-24 to the second Assembly meeting in June (June 18, 2015). Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. B. First Reading of Ordinance No. 15-09; Repealing SMC Chapter 9.04 Trapping Motion/Second: Grieser/Cochran To pass first reading of Ordinance No. 15-09. Mayor Schaefer noted that he was surprised when the last trapping ordinance failed and indicated that the matter needs to go to ADF&G. Mayor Schaefer indicated he would like to get a group together to sit down with ADF&G to facilitate a solution. Assemblywoman Grieser indicated the Assembly should not have been involved at all, and anyone has the ability to write a proposal to ADF&G. Assemblyman Cochran indicated that the matter should have gone to ADF&G first instead of in an ordinance. Assemblyman Cochran indicated he supports repealing the trapping language and MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 7 of 14 approaching the Board of Game, as there are a lot more important things the Municipality is currently addressing. Assemblyman Cochran indicated that one should not promote fear and prejudice and indicated that people want to be able to choose; trapping is allowable and others should respect that choice. Assemblyman Cochran indicated that some at the Public Safety Committee meeting regarding the proposed leash law said that they want dogs to run free, as this is Alaska. Assemblyman Cochran indicated that the same argument can be applied for trapping, and people should respect others engaged in the activity. Assemblyman Morgan indicated he is amazed at how much time was put into the issue with so many other matters at hand. Assemblyman Morgan indicated he is frustrated that the last ordinance did not pass, as it was the closest to an agreement and he would favor that ordinance over a repeal. Assemblyman Morgan indicated that there is no problem with the language on the books and indicated that it is enforceable; Assemblyman Morgan suggested the Assembly keep the language on the books and work with ADF&G. Assemblyman Burnham indicated he hears both side loudly; the Assembly cannot repeal half of the ordinance and also cannot keep it if it is not making things better - however the Assembly cannot do nothing. Assemblyman Burnham indicated that instead of scrapping the ordinance, it should be kept in place and the failed ordinance can go to ADF&G, as it is close to what the Assembly wants to see on the books; ADF&G can try to make it work. Mayor Schaefer indicated he understood that some portions of the ordinance may not be legal; however the suggestion is good. Mayor Schaefer indicated he wants to work with ADF&G and discuss the matter with the borough attorney. Assemblyman Hanson indicated he has learned a lot about trapping and found out it is legal to set a trap in a residential area, which is concerning. Assemblyman Hanson indicated the main concern at the Committee meeting was that people do not know where the traps are; perhaps a compromise is that if there is trapping off of a trail there can be a marker or sign posted at the point of entry to the trail so dogs and hikers can avoid that area. Assemblyman Hanson indicated that previously it was legal to set a trap anywhere, and there was no need to put up a sign. Assemblyman Hanson indicated he recommends leaving the language in code alone and getting a committee together to bring the matter to ADF&G. Assemblyman Burnham noted that it was legal to put traps on private property; however in 2013 the law changed and it is not legal anymore without permission from the property owner. Assemblywoman Grieser indicated that the Assembly has spent a year-and-a-half on the issue and there is no reason to continue to do so; if citizens want rules they can take a proposal to ADF&G, Assemblywoman Grieser indicated that it does look as though the Municipality has a double standard; the Municipality will accept more risk for a child getting bitten than having a dog caught in a trap. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 8 of 14 Assemblyman Henry indicated he is clear on everyone's positions; both sides agreed to the provisions in the ordinance that failed and he is confused as to why it failed. Assemblyman Henry noted that there have been no concessions made; the trappers recognize that hikers have concerns and they yielded to that. Assemblyman Henry indicated that Ordinance No. 15-05 was a middle ground. Assemblyman Cochran indicated that "middle ground" is a stretch. Assemblyman Henry indicated that the Municipality should contact the ADF&G experts and get a committee together, then the Assembly can take a vote on what the committee recommends. Assemblyman Henry indicated he sees dogs running free as irresponsible. Assemblyman Cochran indicated that the matter came forward because there was a trap within 1.5 miles of a residence; the trapper moved his traps and the matter was done. Assemblyman Cochran noted that then a group came forward and the Assembly is still dealing with the matter 18 months later. Motion failed with Assemblyman Burnham, Assemblyman Hanson, Assemblyman Henry and Assemblyman Morgan dissenting, 2 yes, 4 no, 0 absent. Mayor Schaefer indicated he will get a group together and will continue to work cooperatively. Recess: 8:40 p.m. - 8:47 p.m. C. First Reading of Ordinance No. 15-10; Amending SMC Title 4 Revenue and Finance to Add Chapter 4.14 Enhanced 911 System, to Provide for the Implementation of an Enhanced 911 System Motion/Second: Henry/Cochran Police Chief Ray Leggett indicated that the reason the ordinance was recommended is that the Municipality will soon end up with a mandate from the State of Alaska to implement this system. Chief Leggett indicated that the equipment will need to be purchased at around $150,000, and the ordinance will provide a funding source that could offset maintenance costs. Chief Leggett indicated that the collection process can begin right away. Assemblyman Burnham asked if there is no charge, would the ordinance be needed to implement the Enhanced 911 system. Chief Leggett indicated that the ordinance allows the Municipality to collect the fee. Assemblyman Burnham asked how many 911 calls are received annually. Chief Leggett indicated that the number is high. Assemblyman Burnham asked if out-of-area cell phones would pay the charge. Chief Leggett indicated that they would not. Assemblyman Burnham indicated there have been no rate studies and an assessment is needed. Assemblyman Hanson asked if the Enhanced 911 system would be implemented prior to the construction of the Public Safety Facility. Chief Leggett indicated that it depends; he is preparing for a probable State mandate so the Municipality is not out of compliance. Chief Leggett indicated that the system will integrate locations and physical addresses. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 9 of 14 Assemblyman Henry indicated that the Enhanced 911 cost could be absorbed into the total project cost of the Public Safety Facility. Assemblyman Burnham asked if it would help for the Assembly to pass a resolution stating that it intends to implement the system if the mandate occurs. Chief Leggett indicated that the mandate could occur close to the time of construction of the Public Safety Facility and he would not want to relocate the equipment. Chief Leggett indicated that the fee structure can wait. Assemblyman Hanson indicated he is not comfortable with charging for a service that is not in place. Assemblyman Hanson asked if the carriers would need to remit revenue once per month. Chief Leggett indicated that their computers will generate the information easily. Assemblyman Burnham asked if, for example, the fee is $2.00, if someone has two phones they pay just $2.00. Chief Leggett indicated that they would pay a total of $4.00. Assemblyman Burnham indicated that $2.00 per line could be a lot of money. Assemblyman Burnham indicated he supports the Enhanced 911 system, but the Municipality will be better served to go ahead and purchase the equipment and if there are financial troubles a study can be done. Chief Leggett indicated financial data would be better after a year or so. Motion failed by roll call vote with Assemblyman Burnham, Assemblyman Cochran, Assemblywoman Grieser, Assemblyman Hanson and Assemblyman Morgan dissenting, 1 yes, 5 no, 0 absent. D. Consideration and Citizen Participation of Resolution No. 15-10R; Approving the Municipality's Participation in a Proposed Refinancing by the Alaska Municipal Bond Bank of the Bond Bank's General Obligation Bonds That Provided Funds to Purchase the Municipality's General Obligation Bond, 2008 (Clinic Bond) Motion/Second: Henry/Cochran To adopt Resolution No. 15-1 OR. Mayor Schaefer opened the discussion to the public. No comments were made; Mayor Schaefer closed the discussion to the public. Assemblyman Henry indicated there is no downside to refinancing the bond. Mayor Schaefer indicated that it will save the Municipality about $169,000. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. E. Consideration and Citizen Participation of Resolution No. 15-11R; Authorizing the Issuance of General Obligation Bonds of the Municipality in a Principal Amount Not to Exceed $12,000,000 to Fund a Public Safety Building Motion/Second: Henry/Cochran To adopt Resolution No. 15-1 1R. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 10 of 14 Mayor Schaefer opened the discussion to the public. No comments were made; Mayor Schaefer closed the discussion to the public. Assemblyman Burnham noted that the Finance Committee recommended inserting "5-percent" on pages three and nine. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. F. Consideration and Citizen Participation of Resolution No. 15-12R; Establishing a Fee Schedule for Use of the Outdoor Arts Facility Motion/Second: Henry/Cochran To adopt Resolution No. 1 5-12R. Mayor Schaefer opened the discussion to the public. No comments were made; Mayor Schaefer closed the discussion to the public. Assemblyman Burnham asked regarding the damage deposit if a group books for three days and the deposit is $1,500, if they do $600 of damage the first day do they lose the entire deposit. Assemblyman Hanson indicated that the intent is for the deposit to cover the damage and the rest would be refunded, Mayor Schaefer indicated it would be responsible to send the resolution to the attorney for review. Assemblyman Morgan indicated that the intent of the deposit amount is to ensure there are only serious inquiries. Assemblyman Cochran questioned if the rental fee should be increased. Assemblyman Morgan indicated that $50 is the highest fee charged by the Municipality. Assemblyman Burnham questioned the need for a rate study. Motion/Second: Burnham/Henry To postpone the motion to adopt Resolution No. 15-12R to the April 2, 2015, Assembly meeting. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. 8. Unfinished Business: A. Gateway Project Update / Revised 15% Design - Dr. Chad Gubala Mayor Schaefer read aloud the brief provided by Dr. Gubala, and indicated that a revised scope of project and budget should be ready by the next Assembly meeting. 9. New Business: A. Award of Wastewater Treatment Plant Lab / Office Design Project Motion/Second: Burnham/Henry To award the Wastewater Treatment Plant Lab I Office Design project to Architects Alaska. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 11 of 14 Assemblyman Cochran asked why the lab was not constructed during the plant upgrade. Mayor Schaefer indicated that it should have been; however the project at the time did not go smoothly. Assemblyman Burnham indicated that he likes that the lab and office are separate from the plant, as samples can be tested in a cleaner location. Assemblyman Burnham indicated that this also allows staff to get out of the plant and provides a quiet and safe environment, and more lab work can be done locally. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. B. Approval of Investment Advisor Agreement Amendment Assemblyman Henry indicated that Skip Elliott is realigning his company and will eventually step away from it and turn it over; this does not mean that the Municipality must go in that direction at the time. Motion/Second: Henry/Burnham To sign the amendment to the Elliott Financial Management agreement. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. C. Approval of Public Safety Facility Design Development and Construction Documents Fee Proposal from Bettisworth North Motion/Second: Hanson/Henry To approve the construction and design proposal from Bettisworth North. Assemblyman Hanson noted that the cost of hiring a consultant to develop a request for proposals for a design-build is $27,700, and the cost should be added on to the total. Mayor Schaefer indicated that he is glad this work is finally being accomplished. Assemblyman Hanson noted that it has been a great team; the silver lining of the design-build RFP is that the Municipality will save money on materials and transportation costs. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. Assemblyman Henry asked Roy Rountree of Bettisworth North if the Municipality could revert back to the original RFP process. Mr. Rountree indicated that it could; the process only goes through preconstruction and at that time the Municipality could abandon the contractor. D. Approval of Guidelines for the Outdoor Arts Facility Assemblyman Hanson indicated that the Parks and Recreation Committee added items to the guidelines regarding no glass bottles, no signs and no tape. Assemblyman Hanson noted that Lead Groundskeeper Gregg Kollasch indicated he could move the bulletin board to the parking area so users of the facility can advertise. MUNICIPALITY OF SK-AGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 12 of 14 Assemblyman Burnham asked if the borough attorney had reviewed the guidelines. Staff replied that he has not. Assemblyman Burnham indicated that the term, "extended period" should be defined, and asked if there are laws in place regarding public drinking. Assemblyman Burnham asked where the designated smoking areas are. Assemblyman Hanson indicated that the areas can be created. Assemblyman Burnham indicated that the language regarding noise and signage is vague, and asked if anyone would approve the signs. Assemblyman Burnham asked if an agreement is needed with the Skagway Arts Council (SAC), and indicated that the non-profit should not be listed on the application or guidelines. Assemblyman Hanson indicated that this lets users know that equipment is available to rent. Assemblyman Burnham indicated that the Municipality should fully control the facility. Mayor Schaefer asked that the guidelines be sent to the borough attorney for review and brought back to the table. 10, Executive Session: Matters, Which by Law, Municipal Charter, or Ordinance are Required to be Confidential A. Discussion with Borough Attorney on AIDEA Lease Legal Issues Motion/Second: Henry/Cochran To recess the Assembly meeting and convene in executive session, to discuss matters, which by law, municipal charter or ordinance are required to be confidential. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. Executive Session: 9:37 p.m. - 9:54 p.m. Motion/Second: Henry/Hanson To adjourn executive session and reconvene the Assembly meeting. Motion passed unanimously by voice vote, 6 yes, 0 no, 0 absent. Motion/Second: Hanson/Grieser To allow the attorney to continue discussing AIDEA lease legal issues. Motion passed unanimously by roll call vote, 6 yes, 0 no, 0 absent. 11. Mayor and Assembly Discussion Items: MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 13 of 14 Mayor Schaefer noted that the borough attorney and manager are working on clarifying the gray area between contracted employees and regular employees, as legally the Municipality needs to know each employee's status. Mayor Schaefer indicated that the Assembly needs to think about a strategy for application to the Historic District Commission and asked that the item be placed on the next Assembly agenda. Mayor Schaefer noted that the Fisheries Ad Hoc Committee needs to meet regarding the salmon fishery in Skagway. Assemblyman Hanson indicated that it is common knowledge that the fishery is dying, and the fish are dark and unhealthy. Mayor Schaefer noted that Committee member Aaron Thomas has ideas about the direction the Committee can take on the matter. Assemblyman Hanson indicated that the Parks and Recreation Committee discussed having the Dyea Community Advisory Board (DCAB) have oversight of the West Creek Master Plan; the Committee indicated that it would welcome input from DCAB but would like to retain oversight of the plan. The Assembly had no objection to DCAB reviewing the plan and reporting to the Parks and Recreation Committee. Assemblyman Hanson indicated that the asbestos abatement person is in town and can do work on the old City Hall building; the contractor quoted $33,000 and the Municipality said no, it will move forward with an RFP for the work. Assemblyman Hanson indicated that now that numbers are in from Gateway Project engineers the Municipality should look at its memorandum of understanding with White Pass regarding remediation costs. Assemblyman Hanson indicated that the Municipality will not have enough funding for the purpose and more monetary help may be needed from White Pass. Assemblyman Henry indicated that the cost of dredging will depend on what is done with the dredged material. Assemblyman Hanson indicated it is cheapest to ship it out. Assemblyman Henry indicated it could be used as fill at the Klondike Highway site. Assemblyman Hanson indicated that at the Assembly I Port Commission work session, the borough lobbyist was directed to investigate removing the sunset date on the Legislative grant funds for the Gateway Project. Assemblyman Burnham noted that whoever develops the system for renumbering buildings in Skagway should ensure that the addresses are federally recognized. Assemblyman Cochran noted that the TIGER grant application process has a quick turnaround time and it is imperative that the Municipality apply for funds for the Gateway Project. Assemblyman Cochran noted that this summer the border will be closed overnight. Mayor Schaefer noted that the United States and Canada border stations will mirror each other's hours. Assemblyman Morgan questioned why U.S. citizens cannot go to the summit when the station is closed; citizens are not entering Canada and merely want to use that portion of the road. Mayor Schaefer indicated that there is no sense to restricting access to the summit. MUNICIPALITY OF SKAGWAY, ALASKA REGULAR ASSEMBLY MEETING March 19, 2015 Page 14 of 14 Assemblyman Morgan indicated that the Recreational Vehicle (RV) park matter needs to be addressed, as RVs currently have nowhere to park. Assemblyman Morgan noted that the borough manager should be the person who applies for a rezone on behalf of the Municipality, not an Assembly member, because if there is an appeal there will be a conflict of interest. 12. Adjournment: Motion/Second: Cochranlllenry To adjourn the meeting of March 19, 2015, at 10:22 p.m. Motion passed by voice vote. Mark Schaefer, Mayor L—A Emily A. Deach j Municipal Clerk (SEAL) Approved: April 2, 2015 To ii-i