City and Borough of Wrangell Borough Assembly Meeting AGENDA

Tuesday, March 12, 2019 Location: Borough Assembly Chambers 7:00 PM City Hall

WORK SESSION Time: 6:30 p.m. i. Hazard Mitigation Plan 1. CALL TO ORDER a. PLEDGE OF ALLEGIANCE led by Assembly Member Anne Morrison b. CEREMONIAL MATTERS 2. ROLL CALL 3. PERSONS TO BE HEARD 4. AMENDMENTS TO THE AGENDA 5. CONFLICT OF INTEREST 6. CONSENT AGENDA a. Consent Agenda MOTION b. Assembly Minutes: February 26, 2019 (Regular) c. Port Commission meeting Minutes: December 6, 2018 (Regular) 7. BOROUGH MANAGER'S REPORT a. Borough Manager's Report b. Water Report c. Monthly Travel Report d. Economic Development Director Report 8. BOROUGH CLERK’S FILE a. Clerk's File 9. MAYOR AND ASSEMBLY BUSINESS 10. MAYOR AND ASSEMBLY APPOINTMENTS a. Mayor and Assembly Appointments 11. PUBLIC HEARING a. ORDINANCE NO. 954 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 11.72.010 (A) OF THE WRANGELL MUNICIPAL CODE, IMPOUNDMENT OF VEHICLES AND/OR TRAILERS FOR VIOLATIONS b. ORDINANCE NO. 957 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, ADDING A NEW SECTION 9.08.085, EXCESSIVE NOISE PROHIBITED, TO

1 CHAPTER 9.08, NUISANCES, TITLE 9, HEALTH AND SAFETY, OF THE WRANGELL MUNICIPAL CODE c. ORDINANCE NO. 956 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 20.52.060, NOISE, IN CHAPTER 20.52, STANDARDS, OF THE WRANGELL MUNICIPAL CODE d. ORDINANCE NO. 958 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING THE MINOR OFFENSE FINE SCHEDULE IN CHAPTER 1.20, GENERAL PENALTY, OF THE WRANGELL MUNICIPAL CODE e. ORDINANCE NO. 959 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING CERTAIN SECTIONS IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE 12. UNFINISHED BUSINESS 13. NEW BUSINESS a. ORDINANCE No. 960 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 5.08.050, EXEMPTIONS FROM TAX, AND SECTION 5.08.060, TAX-FREE DAYS, IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE b. RESOLUTION NO. 03-19-1444 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AUTHORIZING TERMS OF THE SALE OF ETOLIN AVENUE REPLAT BOROUGH OWNED LOTS c. Approval of 2019 Borough Goals d. Approval of Supplemental Compensation for the Borough Manager e. Approval of 2019 Federal Legislative Priorities

14. ATTORNEY’S FILE – Available for Assembly review in the Borough Clerk’s office 15. EXECUTIVE SESSION a. Executive Session: Discuss with the Borough Attorney, the legal options for the Summons received by certain current and former Borough Assembly Members and certain current Borough Staff

16. ADJOURNMENT

2 MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE ASSEMBLY CITY AND BOROUGH OF WRANGELL

FROM: MS. CAROL RUSHMORE ECONOMIC DEVELOPMENT DIRECTOR

SUBJECT: HAZARD MITIGATION PLAN (HMP) - DRAFT

DATE: MARCH 8, 2019

BACKGROUND: In November 2018, the Hazard Mitigation planning team met with Scott Simmons from AECOM to discuss the development of a joint tribal/borough Hazard Mitigation Plan. A work session was also held with the Assembly. AECOM is a contractor of the State of Alaska to complete HMPs for communities statewide. In January we were informed of a very fast paced timeline that we have been doing our best to meet. The attached Critical Facilities Spreadsheet is the basis for much of the meat of the document found in Chapters 6 and 7. The latest draft of the plan has not yet been completed that will encompass the data found in the Critical Facility Spreadsheet. Staff is still working with the contractor at AECOM to finalize hazard and mitigation issues for the community draft. The work session prior to the Assembly meeting will discuss the Critical Facility Spreadsheet and the potential hazards looking forward that are most critical to the community. The Critical Facility Spreadsheet identifies buildings, infrastructure, and businesses that could be critical for services during a hazard event.

The entire DRAFT plan (as of early Feb 2018) is over 200 pages and can be downloaded or reviewed at http://www.wrangell.com/planning/multi-jurisdictional-hazard-mitigation-plan

RECOMMENDATION: Direction to move the next updated Draft Hazard Mitigation Plan forward for community review.

ATTACHMENTS: Critical Facility Spreadsheet October 2018 Newsletter re. Hazard Mitigation Plan development Minutes from November 27, 2018 Planning Team Meeting As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire 8 City Hall 205 Brueger Street 56.470783 -132.384259 $1,697,840 GOV1 X X X X 3 U.S. Post Office 112 Federal Way 56.472538 -132.387132 $0 GOV1 X X X X 5 Alaska Fish & Game Front Street 56.470505 -132.380631 $0 GOV1 X X X X 20 US Forest Service 525 Benett Street 56.478047 -132.376058 $0 GOV1 X X X X 3 Public Works Office Case Avenue 56.469635 -132.377721 $0 COM4 X X X X 3 Wrangell Municipal Light & Power Office 1064 Case Avenue 56.461768 -132.378815 $4,664,450 EPPL X X X X 3 Capital Facilities Office Bennett Street $0 X X X X 3 Harbor Office Shakes Street $0 X X X X

Government Public Safety Building: Offices for Police, $10,674,080 8 Zimovia Highway 56.469635 -132.377721 X X X X Court System, DMV 2 Alaska Legislative Information Office Front Street 56.470505 -132.380631 $0 GOV1 X X X X 7 WCA Tribal and Transportation offices Zimovia Highway $0 X X X X 1 US Custom's office Airport Loop Road $0 X X X X Public Safety Building: Fire and Zimovia Hwy and 5 56.469635 -132.377721 EFEO X X X X Search&Rescue Bennett Street 6 5.5 Mile Substation Zimovia Hwy 56.362936 -132.356211 $936,750 GOV2 X X X X 12 Mile Emergency Van $0 GOV2 X X X X

Alaska DEC Oil Spill Response Van/Supplies City Barge Ramp $0 X X X X

Alaska DOT Airport Fire Pumper Truck 3,000 ARRF Bldg. / Airport $0 EFEO X X X X gal Loop Road US Forest Service Fire Pumper Truck Bennett Street $0 X X X X

Emergency Emergency Response SEARHC 10-person remote medical facility / Bennett Street $0 X X X X Decon for HazCom (in Vans) CBW/Fire Dept. MMRS (medical response ARRF Bldg. / Airport $0 X X X X system) Loop Road Wrangell School District Office 350 Bennett Street 56.472497 -132.37463 $0 EDU1 X X X X Wrangell High School Reid Street 56.472159 -132.381524 $0 EDU1 X X X X Skitine Middle School 321 Church Street 56.472015 -132.378168 $0 EDU1 X X X X Evergreen Elementary School 350 Bennett Street 56.472497 -132.37463 $0 EDU1 X X X X

Education 30 T&H Head Start First Ave $0 EDU1 X X X X

1 of 10 3/8/2019 As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire Alaska Island Community Services (AICS) 232 Wood Street 56.412.952 -132.371778 $0 EFMC X X X X Tideline Health Clinic 6 AICS Pharmacy 333 Church Street 56.471185 -132.380348 $0 COM1 X X X X 3 Stikine Drug 202 Front Street 56.471778 -132.383977 $0 COM1 X X X X 2 State Public Health Nurse Front Street 56.471329 -132.383619 $0 COM7 X X X X Wrangell Medical Center 310 Bennett Street 56.471783 -132.375702 $35,000,000 COM6 X X X X Medical Care Medical 2 Coniffs Critters Vet Front Street X X X X AICS Dental Clinic Front Street X X X X

Government Bible Baptist Church 535 Church Street 56.467667 -132.377252 $0 REL1 X X X X First Prebyterian Church 220 Church Street 56.471223 -132.379016 $0 REL1 X X X X Harbor Light Assembly of God .5 Mile Zimovia Hwy 56.466379 -132.375998 $0 REL1 X X X X Hope Community Church of God 212 Bennett Street 56.470829 -132.376445 $0 REL1 X X X X Island of Faith Lutheran Church 211 Second Street 56.473544 -132.387981 $0 REL1 X X X X Seventh Day Adventist Church 432 Zimovia Hwy 56.470862 -132.37902 $0 REL1 X X X X St. Phillip's Episcopal Church Church Street 56.469777 -132.378456 $0 REL1 X X X X St. Rose of Lima Catholic Church 202 Church Street 56.471174 -132.379918 $0 REL1 X X X X 5 Salvation Army Zimovia Hwy 56.467899 -132.375391 $0 REL1 5 First Bank 224 Brueger Street 56.470823 -132.383292 $0 X X X X 5 Tongass Federal Credit Union 215 Front Street 56.47134 -132.383635 $0 COM5 X X X X 5 Wells Fargo 115 Front Street 56.471.549 -132.384807 $0 COM5 X X X X Nolan Center Convention Center, Museum & 12 296 Campbell Drive 56.469838 -132.382941 $9,625,140 GOV1 X X X X Wrangell Visitor Ctr 15 Irene Ingle Public Library 124 2nd Street 56.473242 -132.386377 $2,198,480 GOV1 X X X X 25 Wrangell Community Center Church Street $5,378,340 X 25 Wrangell Parks and Recreation Pool 321 Church Street 56.47195 -132.381386 $0 COM8 X X X X Harbor Dept. Warehouses Front Street $0 X X X X 4 Ava's Bed & Breakfast 15 Crest Drive 56.475081 -132.380892 $0 RES4 X X X X 15 Armstrong Rents 522 Front Street 56.46887 -132.380038 $0 RES4 X X X X Airport Hangers Airport Way $0 X X X X 3 Little Bitty Getaway Church Street $0 X X X X 4 Be Still Bed and Breakfast 318 McKinnon Street 56.473676 -132.38473 $0 RES4 X X X X 1.5 Mile Zimovia 7 Grand View B&B 56.451198 -132.381104 $0 RES4 X X X X Hwy 2 Heritage Harbor Boathouse Berger Street $0 X X X X 4 Mt. Dewey Garden Guest House 120 Third Street 56.474283 -132.385587 $0 RES4 X X X X

Community

2 of 10 3/8/2019 As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire 4 Mt. Dewey Sunset Bed & View 111 Mt. Dewey Lane 56.474521 -132.386822 $0 RES4 X X X X 2 Northstar Reflections Guest Suite Zimovia Avenue $0 X X X X 3 Off the Hook Extended Stay Evergreen Ave $0 X X X X 5 Reliance Harbor View Peninsula Street $0 X X X X 6 Rooney's Roost B&B 206 McKinnon Street 56.472575 -132.384068 $0 RES4 X X X X 928 Zimovia

Community 4 That Place $0 X X X X Highway

Government 75 Stikine Inn, Restaurant Café 105 Skitine Avemue 56.471886 -132.38773 $0 RES4 X X X X 8 Wrangell Extended Stay 312 Stikine Avenue 56.474777 -132.38942 $0 RES5 X X X X 506 Evergreen 4 Wrangell Seawatch House B&B 56.476894 -132.390616 $0 RES6 X X X X Avenue 6 Zimovia B&B 319 Webber Street 56.472273 -132.372453 $0 RES7 X X X X 30 Senior Apartments 351 Bennett Street 56.473022 -132.376046 $0 RES3 X X X X 35 Wrangell IGA (Grocery) 223 Brueger Street 56.470428 -132.383706 $0 COM1 X X X X 35 City Market (Grocery) 423 Front Street 56.47004 -132.381145 $0 COM1 X X X X 5 Twisted Root Market 628 Shakes Street 56.467478 -132.384004 $0 COM1 X X X X 25 Elks Lodge Front Street $0 X X X X 5 J&W's Fast Food 120 Front Street 56.471824 -132.384411 $0 COM1 X X X X 8 Michelle's Taste of Asia 216 Front Street 56.470907 -132.381573 $0 COM1 15 Marine Bar and Pizza 640 Shakes Street 56.466746 -132.381181 $0 COM1 X X X X 4 Notsofamous Pizza 325 Front Street 56.470769 -132.381921 $0 COM1 X X X X 2 The Pit Stop Front Street 56.468585 -132.380078 $0 COM1 X X X X 8 The Cabin Cafe 305 Front Street 56.471368 -132.382645 $0 COM1 X X X X 15 Zak's Café Front Street $0 COM1 X X X X Churchills Apartments and Laundry Shakes Street $0 RES/COM X X X X Sea Level Seafoods 2204 Zimovia Hwy 56.458723 -132.381508 $0 COM2 X X X X Trident Seafoods, Inc. 641 Shakes Street 56.467211 -132.381705 $0 COM2 X X X X Cold Storage Shakes Street $2,633,450 2 Wrangell Sentinel 205 Front Street 56.471375 -132.38403 $0 COM2 X X X X Senior Center Church Street $0 X X X X Harbor House Assisted Living Berger Street 56.461192 -132.384531 $0 COM7 X X X X X 2 Wrangell Chamber of Commerce 56.471385 -132.382618 $0 GOV1 X X X X X Southeast AK Regional Health Consortium Church Street $0 X X X X X (SEARHC) offices Chief Shakes Tribal House $0 X X X X X Totem Park $0 X X X X X

Tribal Community House and Carving Shed $0 X X X X X

3 of 10 3/8/2019 As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire 0 Total Paved Road Miles:? Cost per Paved Miles: $5M $ ? HRD2 0 Total Gravel Road Miles: ? Cost per Gravel Miles: 1.5M $? Undefined 6263 Road (Federal) HRD2 X X X X 6265 Road (Federal) HRD2 X X X X 50024 Road (Federal) HRD2 X X X X Airport Loop Road (State) HRD2 X X X X Alaska Avenue HRD2 X X X X Ash Street HRD2 X X X X

Government Berger Street HRD2 X X X X Bennett Street (State) HRD2 X X X X Bevier Street HRD2 X X X X Brueger Street HRD2 X X X X Campbell Drive HRD2 X X X X Case Avenue HRD2 X X X X Cassiar Street HRD2 X X X X Cedar Circle HRD2 X X X X Church Street HRD2 X X X X Lower Church Street HRD2 X X X X City Dock HRD2 X X X X City Park Road HRD2 X X X X Crest Drive HRD2 X X X X Crest Lane HRD2 X X X X Crittenden Street HRD2 X X X X Council Drive HRD2 X X X X Cow Alley HRD2 X X X X Dog Pound Road HRD2 X X X X Episcopal Street HRD2 X X X X Etolin Avenue HRD2 X X X X Evergreen Avenue HRD2 X X X X Evergreen Way HRD2 X X X X Federal Way HRD2 X X X X Fifth Avenue (Industrial Park) HRD2 X X X X Fifth Avenue (North End) HRD2 X X X X First Avenue (St Michael St) HRD2 X X X X First Avenue (at Elementary School) HRD2 X X X X Fool's Inlet Road (Federal) HRD2 X X X X Fort Street HRD2 X X X X Fourth Avenue (Industrial Park) HRD2 X X X X Fourth Avenue (North End) HRD2 X X X X Front Street HRD2 X X X X Garnet Road HRD2 X X X X Grave Street HRD2 X X X X Graves Street HRD2 X X X X

Roads

4 of 10 3/8/2019 As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire Grief Street HRD2 X X X X Green Valley Road HRD2 X X X X Hemlock Street HRD2 X X X X Highfield Street HRD2 X X X X Howell Avenue HRD2 X X X X

Roads Ishiyama Drive (State) HRD2 X X X X Lemieux Street HRD2 X X X X Lynch Street HRD2 X X X X

Government McCormack Street HRD2 X X X X McKinnon Street HRD2 X X X X Middle Ridge Road HRD2 X X X X Mission Street HRD2 X X X X Mt. Dewey Lane HRD2 X X X X Marantz Drive HRD2 X X X X Neimeyer Road HRD2 X X X X Nemo-Skip Loop Road (Federal) HRD2 X X X X Pat Creek Road (State/Federal) HRD2 X X X X Ocean View Drive HRD2 X X X X Park Avenue HRD2 X X X X Penninsula Street HRD2 X X X X Phillips Street HRD2 X X X X Pine Street HRD2 X X X X Reid Steet HRD2 X X X X Rilatos Road HRD2 X X X X Sales Street (Wrangell Ave to Pine Street HRD2 X X X X section) Sales Street (Volunteer Park / Running Track HRD2 X X X X section) Second Avenue (Mission to Sales) HRD2 X X X X Second Street (McCormack to McKinnon) HRD2 X X X X Shooting Range Road HRD2 X X X X Saint Michaels Street HRD2 X X X X Shakes Street HRD2 X X X X Shtax-heen Circle HRD2 X X X X Shoemaker Loop Road (S. Wrangell Highway) HRD2 X X X X Shoemaker Bay Park Road HRD2 X X X X Shustak Street HRD2 X X X X Silvernail Work Road HRD2 X X X X Spur Road (beyond Ishiyama Drive Pavement) HRD2 X X X X Spring Street HRD2 X X X X Spruce Street HRD2 X X X X Stikine Avenue HRD2 X X X X Sunset Boulevard HRD2 X X X X Third Avenu (industrial Park) HRD2 X X X X Third Avenue (North End) HRD2 X X X X Third Street HRD2 X X X X Webber Street HRD2 X X X X Wood Street HRD2 X X X X Wrangell Avenue (two separate sections) HRD2 X X X X Zimovia Avenue HRD2 X X X X Zimovia Highway (State) HRD2 X X X X

5 of 10 3/8/2019 As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire Pats Creek Bridge Pat's Creek Road $0 HWB1 X X X X McCormacks Bridge Zimovia Highway $0 X X X X City Park Bridge Zimovia Highway $0 X X X X SMB Park Bridge/Institute Creek Zimovia Highway $0 X X X X Bridges and SMB near pullout/Zimovia Highway culvert Zimovia Highway $0 X X X X Major 0 Wood St/Zimovia Hwy culvert Zimovia Highway $0 X X X X Culverts Pine St/Zimovia Hwy Culvert Zimovia Highway $0 X X X X

Government Evergreen/TrailerPark Culvert Evergreen $0 X X X X Nugget Trailer Park Culvert Zimovia Highway $0 X X X X Spur Road Bridge (beyond USFS trail) Spur Road $0 X X X X USFS Bridges on Wrangell Island $0 X X X 0 Wrangell Upper Reservoir Wood Street 56.456118 -132.370065 $40,000,000 HPDE X X X X

Dams 0 Wrangell Lower Reservoir Wood Street 56.462123 -132.361254 $25,000,000 HPDE X X X X Wrangell Airport (PAWG) $0 ATB X X X X 1 Airport Loop Road 56.4843333 -132.3698333 Wrangell Airport Runway $0 ARW X X X X Wrangell Seaplane Base Shakes Street 56.466325 -132.3800181 $0 AFO X X X X 15 Alaska Airlines Terminal and Hangar 1 Airport Loop Road 56.485 -132.3796 $0 AMF X X X X

TE 4 State DOT Highway Maintenance Airport Loop Road $0 X X X X City Bulk Fuel Tanks Zimovia Highway $0 X X X X U.S. Transporation Security Administration 8 Front Street 56.485104 -132.37954 $0 ATB X X X X CITY/FEDERAL/STA offices Wrangell Ports and Harbors Various Locations $0 PWS X X X X Stikine Avenue at 5 Wrangell Ferry Terminal 56.474024 -132.390154 $0 FPT X X X X Evergreen 4 Samson Tug & Barge 102 Outer Drive 56.471417 -132.386619 $0 FMF X X X X

Marine 1 6-mile Industrial Yard / Dock Zimovia Highway X X X X Alaska Marine Lines 5 520 Front Street 56.469 -132.378956 $0 Undefined X X X X Lynden Transport

2 Etolin Bus Company Inc. Howell Avenue 56.470846 -132.37662 $0 BMFW X X X X

Surface Arrowhead Transfer and Arrohead L.P. Gas 520 Front Street 56.469249 -132.379751 $0 Undefined X X X X

Transportation 930 Zimovia 3 Apline Fuel Expediting 56.463081 -132.374911 $0 Undefined X X X X X Highway

Fuel 3 LN'M Services and Gas Station Front Street $0 Undefined X X X X X 1427 Penninsula 4 Petro Marine Services 56.462595 -132.383143 $0 Undefined X X X X X Street 4 Alaska Charters and Adventures 5 Front Street 56.471477 -132.386964 $0 COM3 X X X X 4 Alaska Vistas 103 Front Street 56.471431 -132.387147 $0 COM3 X X X X 4 Alaska Waters 107 Skitine Avenue 56.471688 -132.387512 $0 COM3 X X X X 3 Breakaway Adventures 104 Front Street 56.471688 -132.384136 $0 COM3 X X X X Muddy Water Adventures $0 X X X X 3 Practical Car Rental Airport Way $0 X X X X

Businesses Summit Charters 318 McKinnon Street 56.473676 -132.38473 $0 COM3 X X X X

2 Sunrise Aviation Airport Loop Road 56.484624 -132.378116 $0 AMF X X X X

6 of 10 3/8/2019 As of 3/8/2019 City Borough of Wrangell Critical Facility Hazard Analysis

Facility TypeFacility

Estimated No. Estimated of Occupants Facilities Address Latitude Longitude Value Estimated Building Type Earthquake Flood Ground Failure Tsunami Volcanic Ash Severe Weather, Wildland Fire Public Works Utility Barn Case Avenue 56.469635 -132.377721 $0 COM4 X X X X Wrangell Municipal Light & Power Generator 5 1064 Case Avenue 56.461768 -132.378815 $7,392,770 EPPL X X X X Warehouse(Large) 2 SE Alaska Power Agency Substation 4.5 Zimovia Highway $0 X X X X SE Alaska Power Agency / Tyee Intertie $0 X X X X Distribution Lines 2 Potable Water Plant Wood Street 56.456512 -132.376483 $1,199,610 PWTM X X X X

Government Potable Water Distribution Lines Community-wide N/A N/A $0 PWP X X X X Potable Water Storage Tanks Wood Street 56.456512 -132.376483 $0 X X X X Utilities 2 Wastewater Plant (medium) Zimovia Hwy 56.453653 -132.380397 $0 WWTM X X X X Sewer Collection Lines Community-wide N/A N/A $0 PWP X X X X 2 Solid Waste Transfer Facility 3 Evergreen Avenue 56.485591 -132.388848 $1,799,510 Undefined X X X X 3 AP&T Power & Telephone 20 Front Street 56.471933 -132.386013 $0 DBO X X X X 3 GCI Communication 325 Front Street 56.470777 -132.38195 $0 CBO X X X X 4 KSTK Public Radio - 101.7, 94.7 FM 202 St. Michael Street 56.471174 -132.379918 $0 DBR X X X X Cell Tower Repeater System $0 X X X X Total facility damage estimate Total Total occupants will increase to reflect all Total Potential 661 $148,200,420 will increase to reflect all facility Occupants potential facility occupants Damages: values *DCRA 2017 certified population: 2,387 or Number of residents based on Census average of 3 per household. ** Value of residential structures based on 2017 Census Estimates for 1,408 structures at $183,300 average cost. City & Borough of Wrangell estimates average structure replacement cost at approximately $325,000. # Residential # People in *** Value of Critical Facilities (and Occupancy) based on estimated values Structures Estimated Residential provided by the Community for each facility. Potentially Damages** Structures* Impacted EQ 2,387 1,408 $457,600,000 X Flood 0 $0 X Ground $0 X Failure 0 Tsunami 0 $0 X Volcanic $457,600,000 X Ash 2,387 1,408 2,387 $457,600,000 X Wx, Severe 1,408 Wildfire 2,387 1,408 $457,600,000 X

# Critical # People in Facilities Estimated Critical Potentially Damages Facilities* Impacted EQ 179 $148,200,420 X Flood X Ground X Failure Tsunami X Volcanic $148,200,420 X Ash 179 $0 X Wx, Severe 179 Wildfire 179 $0 X

7 of 10 3/8/2019 Questions: This can be included within the HMP but the table is very large. Any Suggestions? Sources: https://www.fema.gov/media-library/assets/documents/24609 HAZUS DESCRIPTIONS CODES AIRPORTS ACTW Airport Control Towers (Wood) ACTS Airport Control Towers (Steel) APTR Airport Runway AFF Airport Fuel Facilities AFO Airport Facility (Seaport) AFH Airport Facility (Heliport) AMFW Airport Maintenance & Hangar Facility (Wood) AMFS Airport Maintenance & Hangar Facility (Steel) ATBW Airport Terminal Buildings (Wood) ATBS Airport Terminal Buildings (Steel) ATBU Airport Terminal Buildings (Unknown) BRIDGES HWBO Other Bridge (include all wood) BUSES BMFS Bus Maintenance Facility (Steel) BPTW Bus Urban Station (Wood) BFF Bus Fuel Facility EMERGENCY CENTERS EFFS Fire Station EFPS Police Station EFEO Emergency Operations Center DAMS (High Potential Loss Facilities) HPDE Earth FERRY TRANSPORTATION SYSTEMS FWS Waterfront Structure FPTW Ferry Passenger Terminal (Wood) FPTS Ferry Passenger Terminal (Steel) FFF Ferry Fuel Facility FDF Ferry Dispatch Facility MEDICAL CARE FACILITIES EFHS Hospital (Small) EFHM Hospital (Medium) EFMC Medical Center PIERS & DOCK FACILITIES FMFW Pier and Dock Facility (Wood) FMFS Pier and Dock Facility (Steel) PORTS & HABORS PWS Waterfront Structures PEQ Cargo Handling Equipment PWHW Warehouse (Wood) PWHS Warehouse (Steel) PFF Port Fuel Facility POTABLE WATER SYSTEMS PWMC Water Treatment Plant (Closed/Pressure - Medium) PWLC Water Treatment Plant (Closed/Pressure - Large) PSTS Water Storage Tank (Steel) PPSA Pumping Plant Above Grade (Small) PCVS Control Vaults and Stations PSTB Water Storage Tank (Below Grade) PWE Well STRUCTURES OCCUPANCY CLASSIFICATIONS RES1 Single Family Dwelling RES2 Mobile Home RES3 Multi-Family Dwelling RES4 Temporary Lodging RES5 Institutional Dormitory RES6 Nursing Home COM1 Retail Trade COM2 Wholesale Trade COM3 Personal & Repair Services COM4 Professional/Technical COM5 Banks COM6 Hospital COM7 Medical Office/Clinic COM8 Entertainment & Recreation REL1 Church/Faith Based Facilities GOV1 General Services GOV2 Emergency Response EDU1 Schools EDU2 Colleges/Universities ROADS HRD1 Major Roads (1 km 4 lanes) HRD2 Urban Roads (1 km 2 lanes)u SCHOOLS EFS1 School (Masonry) EFS2 University (Concrete) WASTEWATER SYSTEMS WWTS Wastewater Treatment Plants (Small) WWTM Wastewater Treatment Plants (Medium) WWTL Wastewater Treatment Plants (Large) WWCV Control Vaults and Control Stations WLSS Lift Station Wet Well/Dry Well (Small) WLMS Lift Station Wet Well/Dry Well (Medium/Large) WWP Wastewater Pipes OIL SYSTEMS OIP Pipelines OPP Oil Pumping Plant OTF Tank Farm NATURAL GAS SYSTEMS NGP Pipelines NGCV Control Valves and Control Stations NGC Compressor Stations ELECTRIC POWER SYSTEMS EPPS Power Plant (Small) EPPM Power Plant (Medium) ESSL Voltage Substation (Low) ESSM Voltage Substation (Medium) EDC Distribution Circuits COMMUNICATION SYSTEMS CCT Communications Lines CCSV Control Vault CCS2 Central Office Switching Stations (at or above ground) CBR Radio Station (TV Station) CBW Weather Station CBO Other Communication Facility CITY AND BOROUGH OF WRANGELL LEGACY 2009 HAZARD MITIGATION PLAN UPDATE Newsletter #1 December 2018

This newsletter describes the City and Borough of Wrangell’s Hazard Mitigation Plan Update project development processes to all interested agencies, stakeholders, and the public; and to solicit plan update comments.

The State of Alaska, Department of Military and Veterans The Planning Process Affairs, Division of Homeland Security and Emergency There are very specific federal requirements that must be Management (DHS&EM) was awarded a Pre-Disaster met when preparing a FEMA approvable MJHMP. These Mitigation Program grant from the Federal Emergency requirements are commonly referred to as the Disaster Management Agency (FEMA) to update your legacy Mitigation Act of 2000, or DMA2000 criteria. 2009 Hazard Mitigation Plan (HMP) and convert it into a Information about the criteria and other applicable laws Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) and regulations may be found at: that includes both collocated City and Tribal http://www.fema.gov/mitigation-planning-laws- governments. regulations-guidance. AECOM was contracted to assist the City and Borough of The DMA2000 requires the updated HMP to include and Wrangell with converting your 2009 HMP into a 2018 document the following topics: FEMA approvable Multi-Jurisdictional HMP (MJHMP).  New Planning Team membership and processes The MJHMP will identify all natural hazards, such as  HMP update participation and plan reviewers, earthquake, flood, ground failure, severe weather,  Identify new hazards not formerly addressed, drought, and wildland fire hazards, etc. The plan will also  Explain how your hazard impacted you since identify the people and facilities potentially at risk and adoption and implementation, ways to mitigate damage from future hazard impacts. The  Identify new, existing, and future critical facilities public participation and planning process is documented were or may be impacted by known hazards, as part of these projects.  Determine their “estimated” replacement costs, What is Hazard Mitigation?  Define the community’s population risk and critical Hazard mitigation projects eliminate the risk or reduce the facility vulnerabilities, hazard impact severity to people and property. Projects  Review current, and update existing hazard may include short- or long-term activities to reduce mitigation goals as needed to better meet needs, exposure to or the effects of known hazards. Hazard mitigation activities include relocating or elevating  Determine each project’s current status within the buildings, replacing insufficiently sized culverts, using Mitigation Strategy. Were they completed, deleted, delayed, combined/changed, or still viable and alternative construction techniques, or developing, ongoing? Also provide a brief explanation for any implementing, or enforcing building codes, and changes. education.  Update the MJHMP Maintenance section to reflect Why Do We Need to Update the HMP? how the (City, Village, or Borough) completed Communities must have a current State, FEMA approved, legacy HMP annual review commitments, and community adopted updated mitigation plan to integrated HMP components into community receive a project grant from FEMA’s pre- and post- planning mechanisms, and identify whether it was disaster grants identified in their Hazard Mitigation effective or not. Then update the process to make it Assistance Guides as well as for other agency’s mitigation more effective for future use. grant programs.  Provide a copy of the community’s new MJHMP Adoption Resolution A FEMA approved and community adopted MJHMP enables the Local, collocated Tribal governments and FEMA has prepared Local and Tribal Planning Guidance other participating jurisdictions to apply for the Hazard (respectively available at: https://www.fema.gov/hazard- Mitigation Grant Program (HMGP), a disaster related mitigation-planning-resources); that explains how the assistance program; the Pre-Disaster Mitigation (PDM), legacy MJHMP Update meets DMA2000 requirements. and the National Flood Insurance Program (NFIP) Flood We are currently in the very beginning stages of preparing Mitigation Assistance (FMA) grant programs. the MJHMP update. We will be conducting a Planning Team Meeting to introduce the project and planning team, Critical Facilities Hazard Location Determination to gather comments from community residents update The legacy 2009 HMP identified critical facilities within hazards lists, and collect data to refine the vulnerability the Wrangell area, but the list needs to be reviewed and assessment. updated and the estimated value and location We Need Your Help (latitude/longitude) determined. Please use the following table to confirm the hazards In addition, the number and value of structures, and the AND identify new hazards not formerly addressed. number of people living in each structure will need to be 2018 CBW Hazard Identification Worksheet documented. Once this information is collected we will Hazard 2009 HMP Still Valid determine which critical facilities, residences, and Previously Identified and Profiled populations are vulnerable to specific hazards in Earthquake (EQ) Yes (L) Yes Wrangell. Please review and update the facilities list to Flood (Erosion) (FL) Yes (L) Yes assist us with better defining your vulnerabilities and Ground Failure (GF) potential losses. Please add additional facilities not Avalanche, Landslide, Melting Yes (M) Yes included on the critical facilities spreadsheet we have Permafrost, and/or Subsidence included with this newsletter. Weather (WX), Severe Winter storms, rain, snow, drought, Yes (M) Yes Please email or fax updated hazard and critical facility etc. information directly to AECOM or provide it to Ms. Lisa Tsunami & Seiche (TS) Yes (L) Yes Von Bargen, your community Planning Team Leader. Volcanic Ash (VO) No Yes Wildland Fire (WF) Yes (M) Yes

The Planning Team The planning team is being led by Borough Manager Lisa Von Bargen with assistance from Borough Mayor Steve Prysunka , Vice Mayor Patty Gilbert, Economic Development Director Carol Rushmore, Facility Maintenance Director Amber Al-Haddad, the Wrangell Coop Association’s Ester Ashton, and the Tlingit and Haida Indian Tribes President Richard Peterson, and AECOM (contracted by DHS&EM) providing assistance and guidance to the planning team throughout the planning process. Public Participation Public involvement will continue throughout the project. The goal is to receive comments, identify key issues or concerns, and improve mitigation ideas and to guide the community.

We encourage you to take an active part in preparing the City and Borough of Wrangell Hazard Mitigation Plan development effort. The purpose of this newsletter is to keep you informed and to allow you every opportunity to voice your opinion regarding these important projects. Please contact your community HMP Team Leader or Scott Simmons, AECOM directly if you have any questions, comments, or requests for more information:

City and Borough of Wrangell AECOM DHS&EM Planning Team Leader Scott Simmons Mike Johnson Lisa Von Bargen Emergency Management Planner State Hazard Mitigation Planner PO Box 531 700 G Street, Suite 500 PO Box 5750 Wrangell, AK 99929 Anchorage, Alaska 99501 Anchorage, AK 99505-5750 Phone: 874.2381 907.261.9706 or 800.909.6787 428.7055 or 800.478.2337 eMail: [email protected] eMail: [email protected] [email protected]

Memorandum

700 G Street, Suite 500 Anchorage, AK 99501 Phone: 907.562.3366 Fax: 907.562.1297

SUBJECT: Division of Homeland Security and Emergency Management (DHS&EM) Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) – Wrangell Assembly Workgroup Meeting – HMP Criteria Defined Community: Wrangell, 907.874.2381

Date/Time: November 27, 2018. 6:00p.m. to 9:00p.m.

From: Scott Simmons Attendees: AECOM: • Scott Simmons, Alaska Hazard Mitigation Planning Project Lead City and Borough of Wrangell Assembly Members: • Carol Rushmore, City and Borough of Wrangell (CBW), Economic Development Director • Lisa Von Bargen, CBW Manager • Amber Al-Haddad, CBW Capitol Facilities Director • Roland Howell, Public Works Director • Gregg Meissner, Harbor Master • Tim Buness, Fire Chief • Mark Armstrong, Line Foreman • Austin Obrien, Acting Forest Service District Ranger Guests: • Michael Sanders, Southeast Alaska Regional Health Consortium (SEARHC) Safety Officer Subjects covered included:

• Discussion of Wrangell’s 2009 HMP and requirement to update the plan during its 5-year lifecycle • Explained new 2018 update layout to simplify access to pertinent Wrangell information. For example, many hazards were grouped in to the following single categories include: o Flood: erosion, coastal storm surge, and rising sea level o Ground Failure: landslide, subsidence, sink holes, etc. o Weather: climate change induced drought, extreme heat, extreme cold, wind, rain, sleet, etc. • Ms. Rushmore Guided the Planning Team through determining reviewing the critical facilities list and adding any yet unidentified essential facilities. o Explained options for determining what to include on Wrangell’s Critical Facilities table. o Need to consider long-term isolation after a damaging hazard earthquake or other event: . Where will residents stay if their homes are destroyed? . What vendors are essential for repair materials like lumber, plumbing, or other construction supplies? . Where will ocean or air resupply deliveries occur if the airport and docks are not accessible? . How will patients be triaged and medical care be delivered if the hospital is not accessible or able to treat patients? • Hazard Mitigation Project Considerations and Selection: o AECOM presented a list from the legacy 2009 HMP’s project comments. The planning team needs to decide whether to convert them into actual projects and provide a current status comment. o AECOM presented a list of potential projects the planning team can review. CBW is to “Select” a few for HMP implementation (try to select one brick and mortar” projects per identified hazard). These

will be “high” or “medium” priority projects to be implemented if funding becomes available either through grants or capital improvement project (CIP) funding o “Consider” a few Wrangell may desire to implement sometime in the future – these will have a low priority • CBW Action Items: o Send any photos documenting hazard impacts (flood, erosion, landslides, storm surge, etc.) o Add essential facilities to the Critical Facilities table o Send any meeting minutes where the HMP process is discussed with the public. This is to show proof of public involvement o Provide the number of “residential” facilities that are located in flood and ground failure zones along with the total number of residents for each category, e.g.: . Flood: 38 residents for 68 homes . Ground Failure: 106 residents for 160 homes . Provide total value of all homes in CBW o Critical facilities threatened by flood or ground failure type events need to be “x” to determine how those threats potentially impact emergency response and recovery efforts. o Estimated replacement value of each critical facility listed o CBW is to “Select” a few for HMP implementation (try to select one brick and mortar” projects per identified hazard). These will be “high” or “medium” priority projects to be implemented if funding becomes available either through grants or capital improvement project (CIP) funding o “Consider” a few Wrangell may desire to implement sometime in the future – these will have a low priority • AECOM’s Action Items: o Update Critical Facilities spreadsheet once the Planning Team completes and send to CBW for review o Define Planning Team selected projects for inclusion within Mitigation Strategy for implementation CITY & BOROUGH OF WRANGELL, ALASKA

Consent Agenda MOTION

Move to approve the Consent Agenda as submitted.

SUBMITTED BY:

Kim Lane, Borough Clerk

INFORMATION: Consent agenda. Items listed on the consent agenda or marked with an asterisk (*) are considered routine and will be passed in one motion; provided, upon the request of any member, the manager, or the clerk, an item on the consent agenda shall be removed from the consent agenda and placed under New Business for assembly action.

Minutes of Regular Assembly Meeting Held on February 26, 2019

Mayor Stephen Prysunka called the Regular Assembly meeting to order at 6:30 p.m., February 26, 2019, in the Borough Assembly Chambers. Assembly Members Gilbert, DeBord, and Decker were present. Assembly Members DeLong and Powell were absent. Borough Manager Von Bargen and Borough Clerk Lane were also in attendance.

The Pledge of Allegiance was led by Assembly Member Jim DeBord.

CEREMONIAL MATTERS A Certificate of Service was presented for Mary Campbell for her service on the Economic Development Committee.

PERSONS TO BE HEARD An Invocation was given by Michael Bates.

Tyla Nelson, resident, read a statement in opposition to the Assembly’s criticism that was given by the Assembly at the last Assembly Meeting regarding the Police Department and Officers.

James Nelson, resident, read a statement in opposition to the Assembly’s criticism that was given by the Assembly at the last Assembly Meeting regarding the Police Department and Officers.

AMENDMENTS TO THE AGENDA – None.

CONFLICT OF INTEREST DeBord declared a potential conflict of interest to Item 11d (Ordinance No. 955), since had been an employee of the Wrangell Medical Center. Prysunka stated that he did not see that DeBord had a conflict. There were no objections from the Assembly.

CONSENT AGENDA Consent Agenda Items: a. Approval of Assembly Minutes – January 22, 2019 (Regular); January 24, 2019 (Special); January 31, 2019 (Special); February 7, 2019 (Special) b. Approve Saturday, May 4, 2019 and Saturday, October 5, 2019 as the 2019 Tax Free Days, as allowed under WMC 5.08.060 (submitted by the Wrangell Chamber of Commerce) c. APPROVAL OF FINAL PLAT OF THE CURLEYVILLE REPLAT d. APPROVAL OF FINAL PLAT OF THE LARSSON-BUHLER REPLAT

Correspondence Items: e. School Board Action – February 18, 2019 (action only, minutes will follow) f. School Board Minutes – December 17, 2018; January 7, 2019 (Special); January 15, 2019 (Special)

M/S: Gilbert/Decker to approve the Consent Agenda as submitted.

Gilbert questioned the Tax-Free days item; the approval was for May and October and the Wrangell Municipal Code stated that Tax-Free days would be in June and September.

Clerk Lane stated that the Tax-Free days had been in May and October for several years; would bring an Ordinance to the Assembly, for consideration, to change the requirement.

Motion approved unanimously by polled.

BOROUGH MANAGER’S REPORT Manager Von Bargen’s Report was provided along with the following: • Updated travel report will be submitted at the next meeting. • Alaska Municipal Manager’s Conference offered a scholarship for her to attend at the end of May. May try to attend. • Two human rights claims filed from when the Wrangell Medical Center was still active; ongoing and in a discovery process right now. • ALM Mayor’s agreed to do Budget Town Hall meeting to discuss the upcoming State Budget. • Retirements announced: Betsy McConachie (AP) at the end of April; Police Chief Doug McCloskey – flexible with his dates. • Power/Diesel Run questions received from a public member; will be providing answers to our website soon. • Shipping Summit: Requirement for shipping services in Alaska currently; may or may not continue this requirement; asked our local lobbyist to further investigate this issue.

BOROUGH CLERK’S FILE Clerk Lane’s report was provided.

MAYOR AND ASSEMBLY BUSINESS Prysunka allowed Don McConachie, resident to speak (Persons to be Heard) at this time: Mr. McConachie gave a brief history of the Thomas Bay Power Authority and SEAPA.

Prysunka allowed Steve Murphy, resident to speak (Persons to be Heard) at this time: Mr. Murphy expressed his about the importance of prayer; Prysunka explained what the process for the Invocation was now to Mr. Murphy.

Decker reported that she had attended Southeast Conference; Governor’s State budget was introduced at that time; Significant cuts, especially to the Alaska Marine Highway Ferry System.

Prysunka provided an update on the Hydro Reserve/Diesel run situation; water levels and how low we are allowed to let them go, based on the Power Sales Agreement; also reported on the sale of power by SEAPA from Tyee to Ketchikan.

Prysunka reported on the Mayor’s Conference at AML; looking at heavy cuts from the State.

Gilbert reported on the SEARHC Advisory Board; everything is running smoothly; SEARHC will be working on electronic patient records.

MAYOR AND ASSEMBLY APPOINTMENTS 10a Board/Commission Appointments (Planning & Zoning Commission). There were no letters of interest received for this vacancy.

PUBLIC HEARING

11a PROPOSED ORDINANCE No. 952 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING THE ZONING MAP TO EFFECT A CHANGE TO A PORTION OF PRESBYTERIAN MISSION RESERVE, BLOCK 16, WITHIN USS 1119, FROM OPEN SPACE/PUBLIC TO SINGLE FAMILY RESIDENTIAL THAT IS PROPOSED TO BE ADDED TO LOT 1B, BLOCK 16, OGDEN/RATHKE RESUBDIVISION AS PART OF THE PROPOSED PRESBYTERIAN RESERVE REPLAT, CREATING LOTS A AND B

Mayor Prysunka declared the Public Hearing open on this item.

There were no persons to be heard on this item.

Prysunka declared the Public Hearing closed.

M/S: Gilbert/Morrison to approve Ordinance No. 952. Motion approved unanimously by polled vote.

11b PROPOSED ORDINANCE No. 953 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING THE ZONING MAP TO EFFECT A CHANGE TO MODIFY THE BOUNDARIES OF THE EXISTING MULTI-FAMILY RESIDENTIAL AND COMMERCIAL BOUNDARIES BASED ON THE PROPOSED CURLEYVILLE REPLAT, A REPLAT OF LOTS 6, 7, 8, 9, 10, 32, 33, 37, 3A, BLOCK 21 AND LOT B, BRIG REPLAT, ZONED MULTIFAMILY AND COMMERCIAL, REQUESTED BY ROBERT ARMSTRONG, FOR CREDIT SHELTER TRUST, SPECIFICALLY PROPOSED NEW LOT 6A WILL BE ZONED COMMERCIAL, AND THE REMAINING NEW LOTS MULTI FAMILY

Mayor Prysunka declared the Public Hearing open on this item.

There were no persons to be heard on this item.

Prysunka declared the Public Hearing closed.

M/S: Decker/Gilbert to approve Ordinance No. 953. Motion approved unanimously by polled vote.

11c PROPOSED ORDINANCE No. 954 OF THE ASSEMBLY OF THE CITY & BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 17.72.010 (A) OF THE WRANGELL MUNICIPAL CODE, IMPOUNDMENT OF VEHICLES AND/OR TRAILERS FOR VIOLATIONS

Mayor Prysunka declared the Public Hearing open on this item.

James Nelson, resident brought to the attention of Staff that the Code Section number was incorrect; he also stated that the language in Section 2 of the Ordinance that stated that the Police “shall” impound a vehicle based on the wording in the ordinance would mean that the police shall impound even if it’s an infraction that is punishable by a fine and not impound.

Von Bargen stated that she would amend the Ordinance and bring it back to the Assembly on March 12, 2019.

Prysunka declared the Public Hearing closed.

The Assembly did not consider this item since there are amendments required. This item will come before the Assembly in its third reading on March 12, 2019.

11d PROPOSED ORDINANCE No. 955 OF THE ASSEMBLY OF THE CITY & BOROUGH OF WRANGELL, ALASKA, REPEALING CHAPTER 3.32 OF THE WRANGELL MUNICIPAL CODE, MEDICAL CENTER AND LONG-TERM CARE FACILITY BOARD AND ADMINISTRATION

Mayor Prysunka declared the Public Hearing open on this item.

There were no persons to be heard on this item.

Prysunka declared the Public Hearing closed.

M/S: Decker/Morrison to approve Ordinance No. 955. Motion approved unanimously by polled vote.

Recessed at 7:53 p.m. Reconvened at 8:03 p.m.

UNFINISHED BUSINESS – None.

NEW BUSINESS 13a PROPOSED ORDINANCE NO. 956 AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 20.52.060, NOISE, IN CHAPTER 20.52, STANDARDS, OF THE WRANGELL MUNICIPAL CODE

M/S: Gilbert/Morrison to approve first reading of Ordinance No. 956 and move to a Second Reading with a Public Hearing to be held on March 12, 2019.

Von Bargen stated that the reason why this item was being removed from the Zoning code was because currently, if there was a noise complaint, the zoning administrator would need to send a letter; not practical when what would be needed was for the police department to give a warning or ticket.

Motion approved unanimously by polled vote.

13b PROPOSED ORDINANCE NO. 957 AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, ADDING A NEW SECTION 9.08.085, EXCESSIVE NOISE PROHIBITED, TO CHAPTER 9.08, NUISANCES, OF THE WRANGELL MUNICIPAL CODE

M/S: Gilbert/DeBord to approve first reading of Ordinance No. 957 and move to a Second Reading with a Public Hearing to be held on March 12, 2019.

Haig Demerjian, resident spoke in favor of the proposed ordinance with some additional suggested edits to the exemptions for power tools and boat maintenance; stated that he felt that they were too objecting; he read the letters that he had submitted for the packet as well as some additional correspondence.

Scott Eastaugh, resident stated that he felt like this was a personal issue from Haig to him; tools that are being questioned are in just about everyone’s garage; might be hard to enforce this, from his house, said that he can hear noise from the boatyard; stated that most of the time, the noise he makes is for a short period of time; had tried to talk to Mr. Demerjian and come to a compromise.

Mayor Prysunka asked Mr. Eastaugh to stop making disparaging comments; Mr. Eastaugh apologized.

Rolland Howell, resident stated that he agreed with Scott; he as well as many residents in Wrangell have similar equipment and works on his boat, uses skill saws, etc.; hasn’t received any complaints.

James Nelson, resident stated that he often drives by Scott’s house and see’s him working on snowmobiles and ATV’s with kids; that means that the kids aren’t out doing drugs and getting into trouble; would hate to limit that kind of stuff by putting in such stringent laws.

Terri Henson, Planning & Zoning Commission Chair, stated that the commission did have quite a bit of community input on this; what was being proposed was really taking the community’s best interest into account; residents should have certain rights on their own properties; commission has taken both sides into consideration.

Decker questioned if we could state that commercial use of a tool in a residential area was not allowed; not sure if using tools for personal use during the day could be easily enforced.

Prysunka stated that if someone wanted to mulch trees (for instance) for a long period of time, it could impact a neighbor’s quality of life; appreciates that we should be able to do what we want in our own yard however, if what we are doing leaches our to our neighbors, they have rights too.

Gilbert stated that she lives right next to the power plant and the generators can be very loud; felt that perhaps a “duration” could be added; if neighbor was making a lot of noise for a long period of time, perhaps that neighbor could ask the other neighbor to quit for a little while; would be hard pressed to restrict someone from working on their boat or building a deck.

Morrison said that it was disheartening to see this happening with two neighbors.

Gilbert stated that in its proposed form, it was a bit messy to follow; they would like to see the Ordinance come back in a clean format; really doesn’t want to legislate activities of our citizens to such an extent.

Lane stated that because items 13a and 13c were related to this item, it would be advisable for the Assembly to approve the first reading; would have a “clean” version of the ordinance for the Assembly for the March 12, 2019 Assembly meeting; if changes needed to be made, could still make those changes at that meeting.

Motion approved unanimously by polled vote.

13c PROPOSED ORDINANCE NO. 958 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING THE MINOR OFFENSE FINE SCHEDULE IN CHAPTER 1.20, GENERAL PENALTY, OF THE WRANGELL MUNICIPAL CODE

M/S: Gilbert/Morrison to approve first reading of Ordinance No. 958 and move to a Second Reading with a Public Hearing to be held on March 12, 2019. Motion approved unanimously by polled vote.

13d PROPOSED ORDINANCE NO. 959 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING CERTAIN SECTIONS IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE

M/S: Decker/Gilbert to approve first reading of Ordinance No. 959 and move to a Second Reading with a Public Hearing to be held on March 12, 2019.

Gilbert stated that she was not comfortable about the jump in the sales tax ceiling increase; Von Bargen stated that the Assembly had requested this change during the last budget session.

Gilbert asked that the wording in the Ordinance be gender neutral. Lane stated that she would do that for the second reading.

Lee Burgess, Finance Director stated that one of the major reasons for bringing this forward was so that if online retailers were charging online sales tax for goods, we would have the authority to collect the tax, if remitted to us.

Gilbert questioned if the online sales included telecommunication; Burgess stated that we might want to look at clarifying the language or definitions.

Von Bargen stated that Alaska Municipal League has a committee that is committed to dealing with this ever-evolving issue; our code might need to be amended in the future as we gain more information.

Motion approved unanimously by polled vote.

13e Approval of Professional Services Agreement with Levesque Law Group for Municipal Attorney Services

M/S: Gilbert/Morrison to approve the Professional Services Agreement between the City & Borough of Wrangell and Levesque Law Group for Municipal Attorney Services. Motion approved unanimously by polled vote.

13f Approval of Power Generation Solution Project for

M/S: Decker/Gilbert to approve Power Generation Solution Project (option #1) for Wrangell.

Rod Rhoades, Wrangell Electrical Superintendent, reported that he and Royce Cowan, Wrangell Diesel Mechanic, had flown to Nome to inspect the two generators in question; plan is to have the first EMD Generator (1.5mw/12-cylinder) flown to Anchorage where it will be ‘containerized’ and then barged (from Anchorage) or ferried (from Haines) to Wrangell; would act as a ‘cat in the box’ for additional needed power.

Rhodes went on to explain that the second EMD Generator (2.5mw/20-cylinder) would be trucked to Anchorage and barged to Wrangell; would be able to install alongside the existing generators.

Von Bargen explained that the cost approval would come before the Assembly at a future meeting.

Motion approved unanimously by polled vote.

13g PROPOSED RESOLUTION No. 02-19-1443 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, PROVIDING FOR THE AMENDMENT OF THE JOB DESCRIPTION FOR THE ACCOUNTING CLERK

M/S: Gilbert/Decker to approve Resolution No. 02-19-1443. Motion approved unanimously by polled vote.

14 Prysunka stated that the Attorney’s File was available for Assembly review in the Borough Clerk’s Office.

There was no Executive Session.

Regular Assembly meeting adjourned at 9:40 p.m.

______Stephen Prysunka, Mayor ATTEST: ______Kim Lane, MMC, Borough Clerk

Production vs. Consumption 2019

0.7

0.6

0.5

0.4 Day

0.3

0.2 Production in Production Gallons per Million 0.1

0 From: Wayne McHolland To: Public Works Super ; Borough Manager Cc: "Jeff Rooney" Subject: Chart in Microsoft Word.xlsx Flows21119.xlsx Date: Monday, February 25, 2019 11:34:11 AM Attachments: Chart in Microsoft Word.xlsx Flows21119.xlsx

Morning all,

Last week the water plant produced 4,610,000 gallons for a daily average of 658,571 gallons at a flow of 457 gpm.

Consumption totaled 3,147,905 gallons for a daily average of 449,000 gallons at an average flow of 312 gpm.

Only roughing filters were done this last week, as there were no available personnel to assist with filter maintenance, plus the technician for the ozone generators was here, and It was therefore necessary to spend time on the ozone generators. Sorry, I am but one person, and cannot do it all.

This week I have assistance and we will be attempting to turn over at least two filters, and likely three, plus roughing filters.

We have again started a siphon to fill the lower reservoir as it is about three feet low. Andrew and I had a bastard of a time starting it. It was necessary to add to the line so that we would have more water than air in the line so that a siphon could be started.

Starting a siphon will get more difficult to do as the upper reservoir lowers, quite likely to the point that we may be unable to start a siphon if we break it when the lower reservoir is full. If dry weather continues, and rainfall or substantial melting does not occur, it will be necessary to add more pipe to the siphon, as a siphon must be able to draw a water column lager than the air space within to start.

Attached is an updated flow / consumption chart.

Thanks

Wayne From: Wayne McHolland To: Public Works Super ; Borough Manager Cc: "Jeff Rooney" Subject: WTP Details 2/25 - 3/4/19 Date: Monday, March 04, 2019 8:34:36 AM

Morning,

Last week the plant produced 4,357,000 gallons for a daily average flow of 622,429 gallons at an average rate of 432 gpm.

Consumption by the community totaled 2,870,589 gallons for a daily average of 410,084 gallons at an average flow rate of 285 gpm.

Current high pressure flow is 329 gpm, with the low pressure component being 152, about an even split.

We flushed roughing filters last week five times, and plunged three main filters. This week will likely have two main filters done and roughing filters daily.

Both reservoirs have about a foot and a half of ice on them.

The lower reservoir that feeds the plant was getting low last week, so we started the siphon to fill it. Friday we shut of the siphon to avoid overflowing the lower reservoir and wasting water, it was just barely full (is about ¾ foot low now).

The upper reservoir is at least 4 feet low after siphoning to fill the lower (will try to get an actual measurement today), and a check of both feeder creeks Friday showed one being totally dry, and the main supply creek was barely flowing, certainly way less than we draw daily.

Last week you asked me to approximate supply time left. This is a hard question as many variables come into play, the biggest one being community consumption. Higher consumption leads to higher filter maintenance and thus more lost water.

If we are to assume full reservoirs, zero rain, or continued cold weather for the duration of our supply, the current average flow rate (622,429 gallons daily) into the plant would decimate the upper reservoir of it’s estimated 45.3 million gallons in 72 days. With the current level being several feet low, and no access to a gallon / per foot chart, plus the fact that the volume of the upper is estimated, 45 – 50 days seems a prudent for upper reservoir life. It must be noted that we do not have access to the volume of the upper reservoir by siphoning. Access will only be gained by the opening of the drain valves within the dam.

Once we drain the upper reservoir, we will be relying solely on the lower reservoir to feed town. This reservoir is estimated to hold 21.4 million gallons. While we are able to get all of this water, as the reservoir gets lower and lower, we will be less and less able to meet daily consumption needs of the community. This is quite simply because the water that enters the plant is gravity fed. As with anything gravity fed, the lower the tank gets, the less water flow you have available.

I cannot give you a good estimate of how long we will have once we are on the lower reservoir strictly because of the above. Every foot lower will equal less water into the plant. I know this for certain, and it is why we strive to keep the lower reservoir full. This is knowledge that has been acquired through almost two decades of trial and error. We lose full production capability when the lower reservoir is around four feet low, and it will get worse from there. If all of the above weren’t bad enough, as we lose water, we are forced into more frequent filter maintenance because the water quality deteriorates.

If current conditions remain, I will hazard a guess of two weeks on the lower for ok production once the upper is empty, for an estimate of 59-64 days in all.

Sorry for the book, just trying to cover all possible bases.

Thanks

Wayne

As we are now recovering almost all of the freeboard water in the filters during maintenance, we will not be losing anywhere near what we used to, but we cannot make use of the muddy wash water so we will lose that. Thankfully this is a much, much smaller component of the lost water.

City and Borough of Wrangell, Alaska

Date: March 6, 2019

To: Lisa Von Bargen, Borough Manager

From: Carol Rushmore, Economic Development Director

Re: Department Report Jan- Feb 2019

Tourism: CVB has launched their new website – wrangellalaska.org – and are still creating pages, adjusting layouts and text but the main information is up and available. They have done a series of paid FB promotions to generate Likes and send interested folks to the website. Along with that are Instagram and Twitter posts. Social media can be a huge time commitment, so they are developing a calendar to hopefully minimize effort but be strategic in their subjects and promotions. Twitter @wrangellcvb Facebook @wrangellcvb, Wrangell Convention & Visitor Bureau Instagram VisitWrangell Website wrangellalaska.org

Cruise Season: A meeting with operators utilizing port facilities and business involved with the lines was held in early January to discuss the upcoming cruise season, needs, conflicts etc. A follow up meeting is being held on March 13.

Stikine River Birding Festival: Planning assistance to Corree Delabrue, USFS has been ongoing for the event that will be April 25-28, 2019. www.stikinebirding.org

Planning and Zoning: Through January, February and March, the Commission has reviewed 3 Conditional Use permits; 3 Variance permits; 6 subdivisions; 2 Zone changes and had further input on the proposed Noise Ordinance.

Hazard Mitigation Plan: Staff have been working to update the Critical Facility Spreadsheet, project lists, and mitigation needs for the draft Hazard Mitigation Plan that will likely go out for public review in April.

In January, staff attended the Alaska Planning Association annual conference. There were some very good work sessions, but the most informative of the whole meeting was a presentation by Fairbanks representatives on Addressing.

Economic Development:

CDBG notification of a successful grant application for a new Pumper Truck was received this week. Additional documentation and environmental reviews are still required prior to actual bid submittal for the truck.

EDA Water Treatment grant application: We have been informed that our request for $3,000,000 is being forwarded for funding to the Washington D.C. headquarters. We are still working with the regional staff on final reviews of the paperwork. The final application should be sent by the end of April. The Alaska Congressional Delegation jointly signed a letter of support to send to the Secretary of Commerce in support of the project.

Land Surveys: Staff is putting together an RFP for survey work to include 1) Alternative 1 Institute Master Plan; 2) Electrical Work – Case Avenue; and 3) Marine Service Center replat – street vacation/ cold storage. A more detailed memo regarding the above activities and other land issues is being prepared for a proposed work session on 3/26.

Staff completed CAPSIS (the legislature’s capital improvement list) in early February. Projects submitted include:

CITY & BOROUGH OF WRANGELL, ALASKA

CLERK’S FILE

SUBMITTED BY:

Kim Lane, Borough Clerk

CALENDAR:

3-13 Parks & Recreation Board mtg. @5:30pm in the Assembly Chambers 3-14 Planning & Zoning Commission mtg. @ 6pm in the Assembly Chambers 3-23 Electronic Waste Disposal at the WCA Cultural Center from 10am to 5pm (sponsored by the WCA IGAP program) 3-25 City Hall Closed – Seward’s Day 3-26 Regular Assembly mtg. @7pm in the Assembly Chambers 3-28 Joint Work Session with the School Board/Assembly on the School Budget @6pm in the Assembly Chambers

SEAPA Board Meeting is scheduled for June 19-20, 2019 in WRANGELL

Municode Meetings Automated Agenda Management platform update

We are getting very close! I am hoping that we can roll this out in April.

More to come!

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

AGENDA ITEM TITLE: NO. 10a Date March 12, 2019

Mayor and Assembly Appointments

SUBMITTED BY:

Kim Lane, Borough Clerk

MAYOR/ASSEMBLY APPOINTMENTS:

➢ 10a: Boards/Commission Appointments

One vacancy - Planning & Zoning Commission (until 10/2021) There were no letters received for this vacancy

One vacancy - Economic Development Committee (until 10/2019) There were two (2) letters of interest received for this vacancy from:

• Kate Hein

• Loretto Jones

Recommended Action: Mayor: If there are no objections, I will appoint ______to fill the vacancy on the Planning & Zoning Commission until October 2021.

If there are seats that are left vacant (no letters received), the Borough Clerk will continue advertising for the vacancies.

Appointments to be filled by the Mayor with the consent of the assembly for the various seats with.

Recommended Action if not approved with the consent of the Assembly:

Motion: Move to appoint ______to fill the vacancy on the ______for the term up until October ______. Letter of Interest for the Economic Development Committee (Kate Hein)

Good afternoon,

My name is Kate Hein, and I am the new Branch Manager at the local Wells Fargo. As a new member of the community, I am looking to get involved and was told the Economic Development board has an opening for a new member. As the leader of a local financial institution as well as in my own personal life, I am incredibly interested in making a positive impact in the Wrangell community, do my part to stay informed, and offer myself as a resource. I would love to learn more about the board itself, as well as officially put my name in to fill the open position. Please feel free to reach out and let me know if you would like more information from me.

Thank you so much!

Kate Hein

Mayor Steve Prysunka PO Box 531 Wrangell, AK 99929

Capt. Loretto L. Jones PO Box 874 Wrangell, AK 99929 907-874-2355 February 20, 2019

RE: Letter of Interest to serve on the Economic Development Committee

Dear Mayor Prysunka,

I was excited to see a vacancy on the Economic Development Committee and offer this letter.

I enjoyed meeting you and appreciate the City of Wrangell's hard work. As a resident, business owner, vendor for the City of Wrangell and propertyr owner for over a year in Wrangell, I want to bring my education and love of Wrangell to the Economic Development Committee. Currently, I ani active with the Friends of the Library as well as a Board member for BRAVE. I was active with Gig Decker in promoting the Mariner's Memorial and would welcome the opportunity to work with Julie Decker and the rest of the community members.

As a former Commissioner with the Wrangell Port and Harbor Commission, I know of the importance of volunteerism. It is important to give back to the community we live in and I want to volunteer my services. CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY PUBLIC HEARING AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 11a

ORDINANCE NO. 954 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 11.72.010 (A) OF THE WRANGELL MUNICIPAL CODE, IMPOUNDMENT OF VEHICLES AND/OR TRAILERS FOR VIOLATIONS

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total Carol Rushmore, Economic Development FY 19: $ FY 20: $ FY21: $ Director Amount Budgeted: FY19 N/A Account Number(s): Reviews/Approvals/Recommendations N/A Commission, Board or Committee Account Name(s): Name(s) N/A Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $ N/A

ATTACHMENTS: 1 Ordinance No. 954.

Procedure: Mayor Prysunka shall declare the Public Hearing open. The Mayor shall ask if there is any administrative report on the Public Hearing Item. Clerk shall retrieve the list of those who signed up to speak. When the item comes up, Persons on the list will be called by the Mayor to speak in the order in which they signed up for the Public Hearing Agenda Item.

Mayor Prysunka shall declare the Public Hearing closed before the Assembly takes action on the item.

Once the Public Hearing has CLOSED, Mayor shall say “I will now entertain a motion”

RECOMMENDED MOTION AFTER PUBLIC HEARING IS CLOSED: Move to approve Ordinance No. 954.

SUMMARY STATEMENT: During the second reading/public hearing of this ordinance Mr. Jim Nelson provided public comment on the proposed changes. Very smartly he pointed out that changing the word “may” to “shall” in the final paragraph of the section would require the police to tow a vehicle when there is any type of parking violation. That is not a reasonable parameter under which the police should have to work. That mandate for parking violations was never intended. As such the ordinance has been revised to return the word from “shall” back to “may” in the final paragraph of the section. Additionally, Mr. Nelson pointed out a mistake in the ordinance regarding the section of the code being amended. Staff inadvertently stated Chapter 17, rather than 11 is being amended. That correction was made to the ordinance as well. The remainder of this agenda statement remains unchanged from the February 26th meeting.

At the January 22nd meeting the Assembly requested two changes to the draft amendment, neither considered to be significant in terms of content. In the first sentence of WMC Section 11.72.010(A) the word “his” is replace with “a” to read, “The chief of police, or [his] a designee…” In the last paragraph of WMC Section 11.72.010(A) the first sentence was amended to replace the word “may” with “shall.” That sentence will now read: “The police [may] shall, pursuant to this section…” The ordinance has been amended to reflect these two requested changes. The remainder of this agenda statement remains unchanged from January 22nd.

In response to concerns regarding how the Borough handles the removal (impoundment) of abandoned vehicles, the Assembly asked Administration for a report on both State and local regulations; along with a recommendation about how to address the issue more proactively. Administration’s recommendation was to amend the code to more clearly define what constitutes an unsafe condition with abandoned vehicles. This will allow the Borough to impound a vehicle under “emergency” provisions that eliminates the need for notification of the owner (and a possible hearing) prior to the impoundment. Ordinance No. 954 amends the Wrangell Municipal Code by defining what constitutes an unsafe condition. This ordinance was reviewed by the attorney.

CITY AND BOROUGH OF WRANGELL, ALASKA

ORDINANCE NO. 954

AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 11.72.010 (A) OF THE WRANGELL MUNICIPAL CODE, IMPOUNDMENT OF VEHICLES AND/OR TRAILERS FOR VIOLATIONS

BE IT ORDAINED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA:

[The changes to the existing code are shown as follows: the words that are underlined are to be added and the words that are [bolded and in brackets are to be deleted].]

SEC. 1. Action. The purpose of this ordinance is to amend Section 11.72.010 (A) of the Wrangell Municipal Code, Impoundment of Vehicles and/or Trailers for Violations.

SEC. 2. Amendment of Section. Section 11.72.010 (A) of the Wrangell Municipal Code is amended to read:

A. Impoundment of Vehicles and/or Trailers for Violations. The chief of police, or [his] a designee, is hereby authorized to impound any vehicle and/or trailer: 1. Considered abandoned, pursuant to AS 28.11.010, et seq.; 2. Parked in violation of any municipal ordinance, or state regulation or law; [3. Creating an unsafe condition;] 34. Unlawfully blocking or obstructing the efficient movement of traffic; 4. Creating an unsafe condition, including, but not limited to: a. A vehicle creating a visual distraction to drivers on the active roadway; b. A vehicle creating an attractive nuisance for theft or vandalism of the vehicle or contents; c. A vehicle that has been involved in a motor vehicle accident resulting in injury or death.

The police may, pursuant to this section, impound a vehicle and/or trailer by immobilizing it or removing or having it removed and placed in borough or commercial storage with all expenses and risks of towing and storage to be borne by the owner of such vehicle and/or trailer. The

1 impound procedure to be followed is governed by the emergency or nonemergency facts relating to the reason for the impound and set forth in subsections (C) and (D) of this section.

SEC. 3. Effective Date. This ordinance shall become effective immediately upon adoption.

CITY & BOROUGH OF WRANGELL

Stephen Prysunka, Mayor

ATTEST:

Kim Lane, Borough Clerk

PASSED IN FIRST READING: January 22 , 2019.

PUBLIC HEARING: February 26 , 2019.

PASSED IN THIRD READING: March 12 , 2019.

Yes: ______

No: ______

Absent: ______

Abstaining: ______

2

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY PUBLIC HEARING AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 11b

ORDINANCE NO. 957 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, ADDING A NEW SECTION 9.08.085, EXCESSIVE NOISE PROHIBITED, TO CHAPTER 9.08, NUISANCES, TITLE 9, HEALTH AND SAFETY, OF THE WRANGELL MUNICIPAL CODE

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total FY 19: $ FY 20: $ FY21: $ Lisa Von Bargen, Borough Manager and

Carol Rushmore, Economic Development Director Amount Budgeted: FY19 $N/A Account Number(s): Reviews/Approvals/Recommendations N/A Commission, Board or Committee Account Name(s): Name(s) N/A Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $ N/A

ATTACHMENTS: 1. Ordinance No. 957 2. Email correspondence from:  Haig and Bonnie Demerjian (3-6-19)  Scott Eastaugh (3-7-19)  Scott Glaze (3-7-19)

Procedure: Mayor Prysunka shall declare the Public Hearing open. The Mayor shall ask if there is any administrative report on the Public Hearing Item. Clerk shall retrieve the list of those who signed up to speak. When the item comes up, Persons on the list will be called by the Mayor to speak in the order in which they signed up for the Public Hearing Agenda Item.

Mayor Prysunka shall declare the Public Hearing closed before the Assembly takes action on the item.

Once the Public Hearing has CLOSED, Mayor shall say “I will now entertain a motion”

RECOMMENDED MOTION AFTER PUBLIC HEARING IS CLOSED: Move to approve Ordinance No. 957.

SUMMARY STATEMENT: The ordinance was presented to the Assembly at the last meeting as a “marked up” document from original changes recommended by the Planning & Zoning Commission. The most recent Commission changes were only provided in the body of the accompanying agenda statement. All of the changes have been made to the ordinance document and it is before the Assembly as a “clean” copy. The agenda packet also includes email correspondence from three community members that has been received since the last meeting. The remainder of this agenda statement remains unchanged from February 26th.

The Planning and Zoning Commission at their regular meeting of February 14, 2019 held a public hearing on Ordinances 956, 957 and 958 pertaining to their recommended code changes for WMC 20.52.060 NOISE and penalty requirements for enforcement of this new section of the WMC.

Consideration of changes to the Noise code (WMC 20.52.060) was initiated by a complaint from a residential landowner against his neighbor. The Commission had felt that the existing code was very vague and subjective. The believed that some of the complaints did not violate the zoning code but felt there was a need to provide more clarity as to what should be allowed, but still providing for landowners throughout the community to utilize their property for personal and business activities. The Planning and Zoning Commission met several times to discuss proposed changes last summer and fall and provided their Noise code recommendations to the Borough Manager in October 2018.

Haig and Bonnie Demerjian provided written and oral testimony during the Planning and Zoning Commission’s public hearing regarding the proposed Ordinances. The Commission discussed issues that he raised and tried to address them from the perspective of residents and businesses throughout the community. The Commission felt strongly that individuals and businesses should be able work with a variety of tools and equipment on their property within certain hours and meeting requirements.

Ordinance 957 creates a new section of the code titled Excessive Noise Prohibited. It will be located in the Nuisance section of the code (Title 9) and will be referenced in the Zoning Code (Title 20). Ordinance 956 was reviewed by the Assembly just prior to this. It is the ordinance which amends Title 20 to add the new reference to the Zoning Code. The next ordinance, 958, amends the fine schedule to include the new fines for noise infractions.

CITY AND BOROUGH OF WRANGELL, ALASKA

ORDINANCE NO. 957

AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, ADDING A NEW SECTION 9.08.085, EXCESSIVE NOISE PROHIBITED, TO CHAPTER 9.08, NUISANCES, TITLE 9, HEALTH AND SAFETY, OF THE WRANGELL MUNICIPAL CODE BE IT ORDAINED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA:

[The changes to the existing code are shown as follows: the words that are underlined are to be added and the words that are [bolded and in brackets are to be deleted].]

SEC. 1. Action. The purpose of this ordinance is to add a new Section 9.08.085, Excessive Noise Prohibited, to Chapter 9.08, Nuisances, Title 9, Health and Safety of the Wrangell Municipal Code.

SEC. 2. New Chapter. A new Section 9.08.085, Excessive Noise Prohibited, is added to Chapter 9.08, Nuisances, Title 9, Health and Safety, of the Wrangell Municipal Code to read:

Chapter 9.08 NUISANCES

Sections: 9.08.010 Defined. 9.08.020 Prohibited – Abatement generally. 9.08.030 Burial. 9.08.040 Slaughterhouses and similar operations. 9.08.050 Water pollution. 9.08.060 Maintaining gutters free of obstructions. 9.08.070 Offensive drains. 9.08.080 Accumulations of rubbish and materials prohibited. 9.08.085 Excessive Noise Prohibited. 9.08.090 Certain conditions declared nuisances. 9.08.100 Remedies not exclusive. 9.08.110 Notification of offenders by police chief – Abatement. 9.08.120 Penalty for violation.

9.08.085 Excessive Noise Prohibited

A. No person shall make, assist in making, continue, or cause to be made any excessive loud, disturbing, or unnecessary noise. Excessive for purposes of this chapter is defined as exceeding the noise generated by uses allowed in this chapter or permitted in the district in their customary manner of operation, or injurious to the public health, safety, and welfare.

1. The noise loudness measured at the boundary line of the premises from which the noise originates in the Single Family, Multi Family, Rural Residential, Remote Mixed Use and Commercial districts, or noise loudness measured at the zoning boundary for activities in Light Industrial, Industrial, Waterfront Development and SMB-Waterfront Development, shall not exceed 90 decibels between the hours of 7:00 a.m. and 8:00 p.m. weekdays and the hours of 10:00 a.m. and 8:00 p.m. weekends and holidays, and 50 decibels at other hours.

2. Noises that could exceed allowed decibel levels may be permitted if the noise is muffled or located within a structure and does not exceed decibel levels at the property line.

B. Exceptions. 1. Emergency and Public Work. Noise or sound created in the performance of public service by governmental agencies or their contractors while performing construction, repair, maintenance or snow removal services; or emergency work engaged in by persons for public safety, health or welfare; or to restore property to a safe condition following a public emergency; or work to restore essential public services, including construction activities directly related to the abatement of any emergency, shall not be subject to the provisions of this section. 2. Noises from Authorized Activities. The prohibitions of this section shall not apply to air traffic, parades, cultural events, athletic games, fairs, or functions and activities approved by the borough. 3. Sirens, Horns and Whistles. The provisions of this section shall not apply to any siren, whistle, horn or bell used by emergency vehicles or civil defense or used by motor vehicles as warning devices to avoid collisions. 4. Bells or Chimes. The provisions of this section shall not apply to any bell or chimes, or any device for the production or reproduction of the sound thereof, which are associated with a clock or time-keeping device, church or school. 5. Burglar Alarms. The provisions of this section shall not apply to any burglar alarm or security device; provided, however, no burglar alarm or security device shall sound for more than fifteen minutes after being activated. 6. Construction Activity or Equipment. The provisions of this section shall not apply to any construction activity or equipment operated between the hours of 7:00 a.m. and 8:00 p.m. weekdays; and 10:00 a.m. and 8:00 p.m. weekends and holidays. 7. Power Tools. The provisions of this section shall not apply to any power tools, including chain saws, reasonably operated between the hours of 7:00 a.m. and 8:00 p.m. week days and 10:00 a.m. and 8:00 p.m. weekends and holidays. 8. Vessels. The provisions of this section shall not apply to the normal operation or maintenance of any personal boat or vessel between the hours of 7:00 a.m. and 8:00 p.m. weekdays; and 10:00 a.m. and 8:00 p.m. weekends and holidays. 9. Motor Vehicles. The provisions of this section shall not apply to the normal and usual operation of motor vehicles. 10. Residential/Commercial Snow Removal Activity or Equipment. Noise or sound created in the performance of residential/commercial snow removal by property owners or their contractors.

C. Temporary Excessive Noise permit. If the applicant demonstrates to the satisfaction of the Zoning Administrator, that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Administrator may issue a Temporary Use Permit to allow exception from any or all of the provisions contained in this Article, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be for an initial term as specified by the Zoning Administrator not to exceed fifteen days. Longer terms up to ninety days may be granted by the Planning and Zoning Commission.

In determining whether a temporary use permit should be issued and the nature and scope of any conditions to be imposed, the Administrator shall consider the following factors:

(1) The level and intensity of the noise; (2) The level and intensity of the background noise, if any; (3) The proximity of the noise to residential areas; (4) The time of day when the noise occurs; (5) The duration of the noise, and whether it is recurrent, intermittent or constant; (6) The nature and zoning of the area within which the noise emanates or to which it is transmitted.

D. Violations Any person violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule.

SEC. 3. Classification. This ordinance is of a permanent nature and shall be codified in the Wrangell Municipal Code.

SEC. 4. Effective Date. This ordinance shall be effective upon adoption.

PASSED IN FIRST READING: February 26 , 2019.

PASSED IN SECOND READING: March 12 , 2019.

CITY & BOROUGH OF WRANGELL

Stephen Prysunka, Mayor

ATTEST:

Kim Lane, Borough Clerk

E-MAIL CORRESPONDENCE FROM HAIG AND BONNIE DEMERJIAN (3-6-19)

I would like to make it known that Bonnie and I support the new nuisance law proposal in general. We still think that exemptions 7+8 would be better law if the wording were less subjective. The words normal boat maintenance and normal tool use invite the question as to what is normal behavior for these activities in a residential zone.

So as to the future enforcement of exemptions seven and eight, would you agree with the following senecio? The residential property owner who feels they are the victim of abnormal tool use or an abnormal industrial type boat fabrication project that creates more decibels than allowed may call the police to come out and determine if the project is normal or abnormal for the zone. If the police determine that the activity is abnormal then they should ask if the offender has a temporary noise permit. If the person does not have one they then would be asked to obtain one from the zoning administrator. The zoning administrator then would determine if the request for a permit would be granted based on the 6 factors spelled out in C, the Temporary Excessive Noise Permit proposal. Is this the way you envision this law might be enforced?

What happens if the police determine that the project creating the excessive noise is normal for the zone? Does the victim have any rights at that point? Can the victim ask the city zoning administrator or the P+Z to overrule the the police judgement?

I bring these points up now because enforcement using these new rules may very well be a reality for us in the near future. Thanks for you consideration of my ideas.

Haig and Bonnie Demerjian

EMAIL CORRESPONDENCE FROM BONNIE DEMERJIAN (3-6-19)

> To Whom It May Concern, > > In the many discussions around the proposed noise ordinance, I have > been disturbed to hear numerous times that this is America and a person should be able to do whatever they like on their own property. Why is then that I, who am also an American, am not able to sit on my deck and enjoy the sun and a pre-dinner glass of wine? I cannot because noise drives me back inside. Here I am, an American, and can't do what I like on my own property. > > Please consider not only the noisemakers but those who are subject to it. I sense some class friction here whereby those who make noise are the real Americans and those who don't are not. Can this be true?

Bonnie Demerjian >

Email Correspondence from Scott Eastaugh (3-7-19)

These are a few of my thoughts regarding the noise ordinance.

When my neighbor bought his house, Alaskan homes company was operating on that commercial lot in question. When someone thinks of a commercial business, they would consider that there would be more traffic and activity than a normal single-family lot. They were fully aware of this fact before they bought the house.

I was reviewing the city ordinance, 20.44.040, there is an example of a gasoline/service station in a commercial zone. I don’t run a business out of my shop, I work on my own stuff which includes just about everything. This varies from boats to trucks to snowmobiles and four-wheelers depending on which time of the year it is.

The idea of restricting the type of tools that you have (and can use) seems too restrictive. Who is going to be in charge of this? Are we going to have to register our welders and skill saws?

The city has way bigger problems facing them right now. This has become a way bigger deal than it really is, this isn’t a problem town wide the only other noise issue that the city has had was in response to someone having a rooster and the neighbors not liking it.

My neighbor knew (before he bought the property) that the area was zoned commercial and that my family (before I owned the property) often worked on things in their shop and around the property. Because they now don’t like it anymore, it doesn’t justify trying to change the Wrangell municipal code to conform to their opinion.

Alaskan Homes company and that building has been there since before Alaska was even a state. In this letter, I’ve been talking of commercial property, but this applies to residentially zoned property too...... This affects EVERYONE.

If the amendments that Haig is asking for are added to the noise ordinance, it will cause undue hardship for most of the working people in this town and the ones that burn wood and repair their own boats, cars, etc.

The Planning & Zoning commission has spent countless hours crafting ordinance 957 with tons of public input and put forth a document that takes into consideration everyone’s rights.

There are decibel thresholds and times of the day that the city requires it to be quiet, it also takes into consideration how we Alaskans live and thrive in this great state. Alaskans are tough, resourceful and independent. We are proud to be jacks of all trades. If the amendments that Mr. Demerjian are requesting are added, it’s going to really hurt the residents of Wrangell and their ability to work on things on our own property. These are things that we do every day, and not even think twice about it.

At the first reading of 957 there was talk of how businesses on Case Avenue that are across from residential property were somehow different from anywhere else. Those properties were once residential lots.

The fact that a word was changed in the title doesn’t make the noise go away or make it sound nice to everyone.

Also, it was mentioned about decency as a neighbor. I’m a reasonable person and I have never done anything to be spiteful, or inconsiderate to any of my neighbors. I don’t work on things on my property to irritate or upset anyone. I do it because I have to. I cannot just take things to a professional shop and pay them to fix something. I have the ability and the means to do it myself, just like most of the residents in Wrangell.

If I am working on something in my shop or on my property and it’s an irritation at that time to one of my neighbors, I would hope that they would either call me to come over and talk to me about it. Mr. Demerjian has never walked over and talked to me about anything. He just calls the police. I’ve gone over and tried to compromise with him and try and come to some sort of solution and the response from him is always “just stop everything you’re doing and buy property somewhere else”. Unfortunately, that’s not an option for me, or for a lot of other people in this town.

Thank you for your consideration

Scott Eastaugh

Email Correspondence from Scott Glaze (3-7-19)

Borough staff and Assembly Members, With regards to the information in the newspaper about the noise ordinance under consideration, I feel such an ordinance is unnecessary and may be used to limit work and improvements the community is seeking. Consider the noise level during any construction, road work, harbor work and possibly other work needing to be completed. Limiting noise during the normal business hours and early evening hours would likely have an impact on many future jobs/construction. I would hate to see an ordinance that would limit noise levels right before there is construction on a new hospital.

It sounds like this issue is limited to a very small group of individuals and seeking an ordinance to resolve this issue is going overboard.

Thank You, Scott Glaze 2.5 Mile, Zimovia Hwy 907-419-0244

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY PUBLIC HEARING AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 11c

ORDINANCE NO. 956 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 20.52.060, NOISE, IN CHAPTER 20.52, STANDARDS, OF THE WRANGELL MUNICIPAL CODE

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total FY 19: $ FY 20: $ FY21: $ Lisa Von Bargen, Borough Manager and

Carol Rushmore, Economic Development Director Amount Budgeted: FY19 $ N/A Account Number(s): Reviews/Approvals/Recommendations N/A Commission, Board or Committee Account Name(s): Name(s) N/A Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $ N/A

ATTACHMENTS: 1. Ordinance No. 956

Procedure: Mayor Prysunka shall declare the Public Hearing open. The Mayor shall ask if there is any administrative report on the Public Hearing Item. Clerk shall retrieve the list of those who signed up to speak. When the item comes up, Persons on the list will be called by the Mayor to speak in the order in which they signed up for the Public Hearing Agenda Item.

Mayor Prysunka shall declare the Public Hearing closed before the Assembly takes action on the item.

Once the Public Hearing has CLOSED, Mayor shall say “I will now entertain a motion”

RECOMMENDED MOTION AFTER PUBLIC HEARING IS CLOSED: Move to approve Ordinance No. 956.

SUMMARY STATEMENT: The Assembly held first reading of this ordinance on February 26th. There was no comment from the Assembly or the public on this item. It is now before the Assembly for second reading/public hearing and adoption. The remainder of this agenda statement remains unchanged from February 26th.

The Assembly has provided direction that nuisance abatement is a priority. One aspect of that is noise. At the first or two work sessions on Goals the Assembly requested the noise portion of these code amendments be separated out and addressed as a stand-alone item. Attached is the new ordinance as recommended by the Planning & Zoning Commission.

The Planning and Zoning Commission at their regular meeting of February 14, 2019 held a public hearing on Ordinances 956, 957 and 958 pertaining to their recommended code changes for WMC 20.52.060 NOISE.

The Planning and Zoning Commission approved Ordinance 956 amends the Zoning Code in Title 20 to reference the new Noise Ordinance which being added to Chapter 9 (Nuisance) as a new section - 9.08.085.

The reason for locating the noise ordinance in the Nuisance section of the code is that it can be enforced by the Police through issuance of a citation. The Zoning code is currently enforced through a very lengthy process of notices. Noise infractions need to be addressed immediately, which is why police enforcement is a far better option.

CITY AND BOROUGH OF WRANGELL, ALASKA

ORDINANCE NO. 956

AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 20.52.060, NOISE, IN CHAPTER 20.52, STANDARDS, TITLE 20, ZONING, OF THE WRANGELL MUNICIPAL CODE BE IT ORDAINED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA:

[The changes to the existing code are shown as follows: the words that are underlined are to be added and the words that are [bolded and in brackets are to be deleted].]

SEC. 1. Action. The purpose of this ordinance is to amend Section 20.52.060, Noise, of Chapter 20.52, Standards, Title 20, Zoning, of the Wrangell Municipal Code.

SEC. 2. Amendment. Section 20.52.060, Noise, of Chapter 20.52, Standards, of the Wrangell Municipal Code is amended to read:

20.52.060 Noise.

[The noise emanating from a premises used for industrial activities shall be muffled so as not to become objectionable due to intermittent beat, frequency or shrillness. Where the use adjoins a residential district (SF, MF, RR-1, RR-2, and RMU), the noise loudness measured at the boundary line of the premises used for industrial activities shall not exceed 90 decibels between the hours of 7:00 a.m. and 8:00 p.m. weekdays and the hours of 10:00 a.m. and 8:00 p.m. weekends and holidays, and 40 decibels at other hours.]

For regulations relating to Noise, refer to WMC 9.08.085,

SEC. 3. Classification. This ordinance is of a permanent nature and shall be codified in the Wrangell Municipal Code.

SEC. 4. Effective Date. This ordinance shall be effective upon adoption.

PASSED IN FIRST READING: February 26 , 2019.

PASSED IN SECOND READING: March 12 , 2019.

Stephen Prysunka, Mayor

ATTEST:

Kim Lane, Borough Clerk

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY PUBLIC HEARING AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 11d

ORDINANCE NO. 958 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING THE MINOR OFFENSE FINE SCHEDULE IN CHAPTER 1.20, GENERAL PENALTY, OF THE WRANGELL MUNICIPAL CODE

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total FY 19: $ FY 20: $ FY21: $ Lisa Von Bargen, Borough Manager and

Carol Rushmore, Economic Development Director Amount Budgeted: FY19 $ N/A Account Number(s): Reviews/Approvals/Recommendations N/A Commission, Board or Committee Account Name(s): Name(s) N/A Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $ N/A

ATTACHMENTS: 1. 1. Ordinance No. 958

Procedure: Mayor Prysunka shall declare the Public Hearing open. The Mayor shall ask if there is any administrative report on the Public Hearing Item. Clerk shall retrieve the list of those who signed up to speak. When the item comes up, Persons on the list will be called by the Mayor to speak in the order in which they signed up for the Public Hearing Agenda Item.

Mayor Prysunka shall declare the Public Hearing closed before the Assembly takes action on the item.

Once the Public Hearing has CLOSED, Mayor shall say “I will now entertain a motion”

RECOMMENDED MOTION AFTER PUBLIC HEARING IS CLOSED: Move to approve Ordinance No. 958.

SUMMARY STATEMENT: The Assembly held first reading on this ordinance at the February 26th meeting. There were no comments by the Assembly or public. This item is now before the Assembly for second reading/public hearing and adoption. The remaining small paragraph of this agenda statement remains unchanged from the last meeting.

The Planning and Zoning Commission at their regular meeting of February 14, 2019 held a public hearing on Ordinances 956, 957 and 958 pertaining to their recommended code changes for WMC 20.52.060 NOISE and penalty requirements for enforcement of the WMC. CITY AND BOROUGH OF WRANGELL, ALASKA

ORDINANCE No. 958

AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING THE MINOR OFFENSE FINE SCHEDULE IN CHAPTER 1.20, GENERAL PENALTY, OF THE WRANGELL MUNICIPAL CODE

BE IT ORDAINED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA:

[The changes to the existing code are shown as follows: the words that are underlined are to be added and the words that are [bolded and in brackets are to be deleted].]

SEC. 1. Action. The purpose of this ordinance is to amend the Minor Offense Fine Schedule in Section 1.20.050 of Chapter 1.20, General Penalty, of the Wrangell Municipal Code to add to the fine schedule the code sections relating to violations of Chapter 9.08, Excessive Noise Prohibited.

SEC. 2. Amendment. Section 1.20.050 of the Wrangell Municipal Code is amended to read:

1.20.050 Minor Offense Fine Schedule.

In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts listed below plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be paid to the police department. If an offense is not listed on a fine schedule, the defendant must appear in court to answer the charges. The Alaska Court System’s Rules of Minor Offense Procedure apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed below.

The fine amounts listed below are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b).

An offense listed in this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person.

Section Offense Penalty/Fine 6.05.005 Hours of operation – licensed $500.00 fine for each offense. marijuana facility 7.04.010 Cruelty – Abandonment $200 7.04.020 Animals at large prohibited First offense - $15, second offense - $50, third offense - $100. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200 and a maximum fine of $500.00. 7.08.010 Licensing $25.00 fine for each offense. 7.08.020 Dog Vaccination required $50.00 fine for each offense. 7.08.030 At large – Prohibited – First offense - $15, second offense - Nuisance declared $50, third offense - $100. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200 and a maximum fine of $500.00. 7.08.035 Objectionable animals First offense - $15, second offense - $50, third offense - $100. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200 and a maximum fine of $500.00. 7.08.040 Restraint requirements First offense - $15, second offense - $50, third offense - $100. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200 and a maximum fine of $500.00. 7.08.045 & 7.08.050 Off-leash areas & Off –leash First offense - $15, second offense - area rules $50, third offense - $100. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200 and a maximum fine of $500.00. 7.08.115 Potentially dangerous and First offense - $200. Second and dangerous dogs: violation of subsequent offenses are mandatory restrictions, confinement court appearance offenses with a requirements, and sign minimum fine of $300 and a requirements maximum fine of $500.00. 7.08.120 Biting dog – Confinement First offense - $200. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 7.08.140 Proclamation to confine all First offense - $200 Second and dogs during epidemic subsequent offenses are mandatory court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 7.08.150 Interference with animal First offense - $200 Second and enforcement agents subsequent offenses are mandatory court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 9.08.080 Accumulations of rubbish & $100.00 fine for each offense. materials prohibited 9.08.085 Excessive Noise Prohibited First offense - $50, second offense - $75, third offense - $150. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 9.12.020, 9.12.030, Fireworks where prohibited; First offense - $200. Second and & 9.12.040 sale where prohibited; display subsequent offenses are mandatory violations court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 9.16.020 Deposit in public places 0-1 pound = $50.00 fine, 1-5 pounds = $150.00 fine, 6-10 pounds = $250.00, 11-15 pounds = $350.00 fine, 15 + pounds = $500.00 fine. 9.16.030 Maintaining sidewalks free of $75.00 fine for each offense. litter. 9.16.040 Deposit from vehicles $75.00 fine for each offense. prohibited 9.16.050 Operating litter-generating 0-1 pound = $50.00 fine, 1-5 pounds vehicles prohibited = $150.00 fine, 6-10 pounds = $250.00, 11-15 pounds = $350.00 fine, 15 + pounds = $500.00 fine. 9.16.060 Deposit on private property 0-1 pound = $50.00 fine, 1-5 pounds prohibited = $150.00 fine, 6-10 pounds = $250.00, 11-15 pounds = $350.00 fine, 15 + pounds = $500.00 fine. 9.16.070 Property owner’s responsibility $75.00 fine for each offense. to maintain premises 9.16.080 Handbills – Restrictions $75.00 fine for each offense. generally 9.16.090 Handbills – Distribution on $75.00 fine for each offense. private property 9.16.100 Posting notices prohibited $50.00 fine for each offense. 10.18.010 Abuse of 911 system First offense - $200. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 10.36.010 Discharge of firearms and other First offense - $200. Second and weapons prohibited within subsequent offenses are mandatory certain areas court appearance offenses with a minimum fine of $300 and a maximum fine of $500.00. 10.44.010 Possession, Control, or $500.00 fine for each offense. Consumption of Alcoholic Beverages by persons under 21 years of age 10.46.010(A)(1) Consumption of marijuana in a $100.00 fine for each offense. public place prohibited 10.46.010(A)(2) Consume marijuana outdoors $100.00 fine for each offense. adjacent public place without consent of property owner 10.48.010 Possession of tobacco by a $75.00 fine for each offense. minor under 19 years of age 11.28.020 Prohibited parking places $50.00 fine for each offense. 11.28.030 Red-painted curbs and signs – $50.00 fine for each offense. No parking 11.28.040 Time-limit parking $50.00 fine for each offense. 11.28.080 Blocking roadway prohibited $50.00 fine for each offense. 11.28.090 Bus stop and passenger zone – $50.00 fine for each offense. Parking prohibited 11.28.100 Loading and unloading $50.00 fine for each offense. materials 11.28.130 Method of parking – Loading $50.00 fine for each offense. permits 11.30.030 Parking in excess of posted $50.00 fine for each offense. time limit – Parking lots 11.30.040 Proper parking required – $50.00 fine for each offense. Parking lots 11.30.050 Vehicles and objects prohibited $75.00 fine for each offense. – Parking lots 11.36.060 Stop when traffic obstructed $75.00 fine for each offense. 11.36.070 Bicycle restrictions on $50.00 fine for each offense. sidewalks 11.36.080 U-turns prohibited $50.00 fine for each offense. 11.36.100 Dragging objects prohibited $50.00 fine for each offense. 11.36.110 Projecting loads on passenger $50.00 fine for each offense. vehicles 11.36.160 Use of coaster, rollerskates, $50.00 fine for each offense. skateboards, sleds and skis 11.36.170 Excessive acceleration $50.00 fine for each offense. 11.64.010 Sound trucks – permit required $100.00 fine for each offense. 11.68.020 Registration required $50.00 fine for each offense. 11.68.030 Required equipment $50.00 fine for each offense. 11.68.040 Snowmobile operation $50.00 fine for each offense. restricted 11.68.050 Designated right-of-way $50.00 fine for each offense. 11.70.015 Unlicensed operators $50.00 fine for each offense. 11.70.016 Registration required $50.00 fine for each offense. 11.70.020 Hours of operation $50.00 fine for each offense. 11.70.021 Prohibited areas of operation $50.00 fine for each offense. 11.70.025 Helmets required $50.00 fine for each offense. 11.70.030 Lights $50.00 fine for each offense. 11.70.035 Citation for defective $150.00 fine for each offense. equipment 11.70.040 Failure to stop at direction of $150.00 fine plus four points off of peace officer Driver’s License for each offense. 11.70.050 Parental responsibility $50.00 fine for each offense. 11.70.055 Owner responsibility $50.00 fine for each offense. 11.76.020 Junk vehicles unlawful $50.00 fine for each offense. Each 10 days shall constitute a separate violation. 14.09.005 Speeding $150.00 fine for each offense. 14.09.015 Hazard to navigation $100.00 fine for each offense. 14.09.020 Failure to register $25.00 fine for each offense. 14.09.025 Improper mooring $25.00 fine for each offense. 14.09.030 Inadequate equipment $50.00 fine for each offense. 14.09.035 Improper use of facilities $50.00 fine for each offense. 14.09.040 Improper waste disposal $50.00 fine for each offense. 14.09.045 Improper petroleum product $100.00 fine for each offense. disposal 14.09.050 Improper care and control of $25.00 fine for each offense. animals 14.09.055 Water sports $25.00 fine for each offense. 14.09.065 Improper use of seaplane float $50.00 fine for each offense. 14.09.070 Improper use of a loading zone $25.00 fine for each offense. 14.09.075 Improper use of fire equipment $100.00 fine for each offense. 14.09.080 Improper use of utilities $50.00 fine for each offense. 14.09.085 Tampering and defacing signs $25.00 fine for each offense. 14.09.090 Nuisance $100.00 fine for each offense. 14.09.095 Failure to comply with rules, $100.00 fine for each offense. regulations or procedures. 14.09.100 Obstruct or impede use of any $50.00 fine for each offense. launch ramp 15.04.550 Unauthorized turning on or off $250.00 fine for each offense. of service 15.04.620 Fire hydrant restrictions $250.00 fine for each offense. 15.04.650 Water Shortage Management Stage II water shortage: Plan – Violations and Charges First offense - written warning. – non-industrial/non- Second and subsequent offenses - commercial water customers $250.00 fine for each offense.

15.04.650 Water Shortage Management Stage III water shortage: Plan – Violations and Charges First offense – written warning. – non-industrial/non- Second and subsequent offenses - commercial water customers $500.00 fine for each offense.

15.04.650 Water Shortage Management Stage II water shortage: Plan – Violations and Charges First offense - written warning. – industrial or commercial Second and subsequent offenses - water customers $750.00 fine for each offense. 15.04.650 Water Shortage Management Stage III water shortage: Plan – Violations and Charges First offense – written warning. – industrial or commercial Second and subsequent offenses - water customers $1,500.00 fine for each offense. 15.18.030 Refuse containers – Required $150.00 fine for each offense. 15.18.032 Refuse containers – Maintained $150.00 fine for each offense. 15.18.050 Disposal of offensive refuse $150.00 fine for each offense. prohibited 15.18.052 Burning of certain materials $150.00 fine for each offense. prohibited 15.18.075 Monofill disposal permit and $150.00 fine for each offense. fees 20.92.020 Building/Structure declared $100.00 fine for each offense. unlawful & a public nuisance

SEC. 3. Classification. This ordinance is of a permanent nature and shall be codified in the Wrangell Municipal Code.

SEC. 4. Severability. If any portion of this ordinance or any application thereof to any person or circumstance is held invalid, the remainder of this ordinance and the application to other persons or circumstances shall not be affected thereby.

SEC. 5. Effective Date. This ordinance shall be effective upon adoption.

PASSED IN SECOND READING: February 26 , 2019

PASSED IN SECOND READING: March 12 , 2019

______Stephen Prysunka, Mayor

ATTEST: ______

Kim Lane, Borough Clerk CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY PUBLIC HEARING AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 11e

ORDINANCE NO. 959 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING CERTAIN SECTIONS IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total FY 19: $ FY 20: $ FY21: $ Lee Burgess, Finance Director

Amount Budgeted: FY19 $XXX Account Number(s): Reviews/Approvals/Recommendations XXXXX XXX XXXX Commission, Board or Committee Account Name(s): Name(s) Enter Text Here Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $XXX

ATTACHMENTS: 1 Ordinance No. 954.

Procedure: Mayor Prysunka shall declare the Public Hearing open. The Mayor shall ask if there is any administrative report on the Public Hearing Item. Clerk shall retrieve the list of those who signed up to speak. When the item comes up, Persons on the list will be called by the Mayor to speak in the order in which they signed up for the Public Hearing Agenda Item.

Mayor Prysunka shall declare the Public Hearing closed before the Assembly takes action on the item.

Once the Public Hearing has CLOSED, Mayor shall say “I will now entertain a motion”

RECOMMENDED MOTION AFTER PUBLIC HEARING IS CLOSED: Move to approve Ordinance No. 959.

SUMMARY STATEMENT:

Background: The following amendments to the Ordinance were requested and approved by the consent of the Assembly at the February 26th Assembly Meeting:

Under 5.08.005(D) – ... conducts online sales of goods and services for items deliverable to buyers or consumers within the Borough ...

Under 5.08.010(A) – ... and on goods and services of sales conducted online which are deliverable to buyers or consumers located within the Borough, on and after the first day of the first calendar quarter following the ...

Under 5.08.050 (H), we also changed the language to make it more gender neutral.

Since these amendments are not major, the Ordinance does not require an additional reading and can be adopted at this meeting under Public Hearing and adoption.

The information below remains unchanged from the February 26th Assembly meeting.

Historically, sales and use taxes have only legally applied to areas where the seller has a “nexus,” i.e. a physical facility location or employed sales agent located within the taxing jurisdiction’s geographic boundaries.

Last year, however, the Supreme Court made a landmark ruling in a case called South Dakota v. Wayfair that said online retailers could be subject to sales taxes of tax jurisdictions in which the buyer resides, irrespective of whether the seller also has a nexus there.

Beginning on January 1, 2019, major retailers such as Amazon.com, HomeDepot.com, and presumably others began charging the Borough’s 7% sales tax to certain online orders placed by local residents. These companies have therefore erred on the side of collecting outside jurisdictions’ sales tax, whether the laws and ordinances in place in those areas explicitly say they should or not.

Wrangell’s sales tax code was written and has always been interpreted to limit sales tax collection and remittance to vendors that have an established nexus within the City/Borough. The code does not make any reference to online sales or whether such sales should or should not be subject to Wrangell’s 7% sales tax.

Proposed Ordinance:

The ordinance before you adds language that would require online retailers to collect and remit the Borough’s sales tax. If passed, it is proposed this ordinance go into effect on April 1st to coincide with the beginning of the 2nd quarter of calendar year 2019.

It is worth noting that this raises the question of whether online retailers that charged sales taxes after January 1st, 2019, but prior to the anticipated passage of this ordinance, were doing so unlawfully, given Wrangell Municipal Code does not explicitly authorize or require them to do so. I am not the Borough’s attorney so I cannot say with certainty whether that is the case. Further, finance department staff have been unable to directly address this question with anyone in the corporate tax departments of these online retailers, despite numerous and ongoing attempts.

The City’s new attorney has recommended we pass an ordinance immediately.

If legal review determines that online sales taxes collected between 1/1/2019 and the (presumed) passage of this ordinance were not lawful, the Borough Finance Department would plan to develop and administer a refund program by which residents may request a refund of online sales taxes that they have paid that were remitted to the Borough, assuming necessary supporting documentation in support of the refund request is provided to the Borough.

Finally, the proposed ordinance increases the single purchase sale exemption from $1,500 to $3,000, which was discussed and planned during FY 2019 budget development.

CITY AND BOROUGH OF WRANGELL, ALASKA ORDINANCE NO. 959

AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING CERTAIN SECTIONS IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE

BE IT ORDAINED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA:

[The changes to the existing code are shown as follows: the words that are underlined are to be added and the words that are bolded and in brackets are to be deleted.]

SEC. 1. Action. The purpose of this ordinance is to amend sections of Chapter 5.08, Sales Tax. of the Wrangell Municipal Code.

SEC. 2. Amendment of Section 5.08.005. Section 5.08.005 of Chapter 5.08, Sales Tax, of the Wrangell Municipal Code is amended to read:

5.08.005 Definitions For the purposes of this chapter, the following words and phrases have the meanings hereinafter respectively ascribed to them:

A. “Buyer or consumer” means, without limitation, every individual, receiver, assignee, trustee in bankruptcy, trust estate, member, firm, partnership, joint venture, club, company, business, trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

B. “Common carrier” is a person or entity that holds itself out to the general public as providing transportation of goods for compensation and regularly issues bills of lading or other receipts for the carriage of goods.

C. “Finance director” means the borough finance director, or any other borough employee designated by the borough manager to perform the functions and duties of the finance director as described in the municipal code.

D. “Retail sale” means any sale of goods or services, including barter, credit, installment and conditional sales, for any purpose other than resale in the regular course of business. The delivery of property in the borough is considered subject to sales tax if the retailer maintains any office, distribution or sales house within the borough, conducts online sales of goods and services for items deliverable to buyers or consumers within the Borough, or solicits business or accepts orders through any agent, salesman, member or representative within the borough.

E. “Sale of services” means the sale of services, which includes parts and labor, for a specific job or task. Sales tax shall be computed on the invoice for the total job or task, said invoice period not to exceed 30 days.

F. “Sales price” means and includes the consideration, whether money, credit, rights or other property expressed in terms of money paid or delivered by a buyer to a seller, all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, discount, delivery costs, federal and state taxes, or any other expenses whatsoever paid or accrued, and without any deduction on account of losses.

G. “Sales tax” means and includes the tax levied in this chapter on gross revenues derived from all taxable commercial retail sales or services, said revenues being computed in dollars and cents and the tax payable by the seller or the person performing the services.

H. “Seller” means any person or entity making a retail sale to a buyer or consumer, whether as agent, broker or principal, any person or entity performing services for remuneration, or a purchasing cooperative. Notwithstanding any other provision of this chapter, arrangements made with another person or agent, including, but not limited to, a travel agent, cruise ship business, broker or other representative, regardless of the location of the travel agent, cruise ship business, broker or other representative, by a provider of services, rentals or goods, to market such services, rentals or goods (including travel and adventure services), to provide such services, rentals, or goods to another person, or the transfer to the buyer of the right or privilege to receive such services, rentals or goods, is a taxable sale by such provider, not a sale for resale, and such provider is a seller for the purposes of this chapter.

I. “Services” includes all services of every manner and description provided in whole or part within the borough, including travel and adventure services and delivery services, that are performed or furnished for consideration whether in conjunction with the sale of goods or not, but does not include services rendered by an employee to an employer.

J. “Single-purchase sale” means a sale by a single purchase or invoice, which may consist of one or more items but which are purchased at the same time and there is a single invoice representing that sale. A single-purchase sale includes a sale of items by contract, bid, quote or other lump sum amount only if the sale is based on and computed as a single bid, quote, sum, or package price rather than as an accumulated sum or aggregation for prices of separate identifiable items, separable prices, or items purchased at different times.

K. “Travel and adventure services” includes, but is not limited to, tours and charters on land and water, guide services, admissions, lectures, transportation services (excluding air transportation), and the rental of lodging, aircraft, vehicles, watercraft, and equipment, including fishing, boating, camping and other tour or adventure related goods. Travel and adventure services also include sales of goods incidental or related to such services. Regardless of the location of any marketing, brokering, packaging, resale, assignment, or other arrangement and regardless of the beginning or ending of any other related services the point of delivery of a travel and adventure service is within the borough if the ultimate consumer of the travel and adventure service receives any such service which begins or occurs within the corporate limits of the City and Borough of Wrangell.

L. Tax on Noncash Considerations. When sales, rentals of property, or services are made, paid, performed or furnished for other than cash, the price shall be computed in dollars and cents on the reasonable value of the items sold, paid, performed or delivered.

M. Rent and Services Defined. The term “rent” as used in this chapter, includes rent of both real and personal property and the term “services” includes furnishing of labor and materials for accomplishing a specified result when the resulting object or product is not for resale by the purchaser in the ordinary course of business.

SEC. 3. Amendment of Section 5.08.010. Section 5.08.010 of Chapter 5.08, Sales Tax, of the Wrangell Municipal Code is amended to read:

5.08.010 Levy of Tax A consumer sales tax is assessed and levied on all retail sales, on all rents, and on all services made, paid or performed within the borough in the regular course of business, and on goods and services of sales conducted online which are deliverable to buyers or consumers located within the Borough, on and after the first day of the first calendar quarter following the effective date of the ordinance codified in this chapter, except such sales are exempted under this chapter, to be collected and used for the purposes stated in this chapter.

SEC. 4. Amendment of Section 5.08.050. Section 5.08.050 of Chapter 5.08, Sales Tax, of the Wrangell Municipal Code is amended to read:

5.08.050 Exemptions from Tax The following transactions are exempt from the tax levied under this chapter: A. Salaries and wages received by an employee from an employer;

B. Sales made and services performed which are not in the regular course of business;

C. Sales, and the gross receipts derived therefrom, when the aggregate amount when computed under WMC 5.08.020 amounts to less than $0.12;

D. Sales, including such rentals and services, when the total sales and service prices derived by the seller or person furnishing such services does not aggregate $200.00 in any calendar quarter year;

E. Dues or fees to clubs, labor unions, or fraternal organizations;

F. Gross receipts derived from funeral charges and services; medical, dental, optometric, veterinary and hospital services or from sales of prescription medicines; oxygen used for medical purposes; blood or plasma; artificial devices designed or altered for the use of a particular crippled person; artificial limbs; eyes and organs; hearing aids; prescription eyeglasses; artificial teeth sold by a dentist and materials used by a dentist in treatment; crutches; and wheelchairs are exempt; however, services rendered by nurses, unless performed in a hospital or at the direction of a physician, and services rendered by druggists, pharmacists, barbers, cosmeticians and masseurs shall not be exempt;

G. All sales of commodities made to a manufacturer, broker, wholesaler or dealer and which are not consumed or destroyed by such purchaser, but which are resold in the same or an altered form, or which are used to package, crate or deliver the products of such purchaser;

H. All sales to a bona fide retailer when the same are purchased [by him] for resale in the ordinary course of business; in this connection, a retailer is one who regularly stocks merchandise for resale, displays the

same to the public and holds himself/or herself out as regularly engaged in the business of selling such products either during a regular season or throughout the year directed to the consumer;

I. Gross receipts or proceeds derived from the transportation to and from grade or high schools in motor or other vehicles;

J. Gross receipts or proceeds derived from servicing, freezing, storing, handling or wharfing of fish; or lumber or any other commodities awaiting shipment or in the process of being shipped;

K. Gross receipts or proceeds derived from sales to the United States government, State of Alaska, City and Borough of Wrangell and any of its political subdivisions;

L. All sales for consumption outside of the borough if delivered by a common carrier by air, land or water to the purchaser;

M. That part of a sale of goods over [$1,500] $3,000 when all items in a single-purchase sale are added together, and that part of a sale of services over [$1,500] $3,000 for a single job or task. Invoices for sales of services shall be computed monthly or less for tax purposes;

N. All sales of newspaper;

O. Sales of services, or building and construction supplies, materials, or equipment, including rental of equipment or tools, to a licensed contractor for use in construction for resale;

P. The value of new or used articles taken in trade as a credit or part payment on the sale of new articles shall be deductible from the total sales price of the new article;

Q. Gross receipts derived from sales, services, rentals and transactions which the municipality is prohibited from taxing under the Constitution and laws of the United States or the State of Alaska;

R. Gross receipts derived from services provided by day care centers and preschool facilities;

S. Sales of services, or building and construction supplies, materials, or equipment, including rental of equipment or tools, to a licensed contractor for use in construction of projects under contract with the United States government, State of Alaska, City and Borough of Wrangell or any of its political subdivisions;

T. Purchases made with food coupons, food stamps, or other type of certificate issued under 7 U.S.C. 2011-2025 (Food Stamp Act);

U. Gross receipts derived from the sales of lawful games of chance and skill conducted by qualified organizations which hold a valid permit from the State of Alaska pursuant to Title 5, Chapter 15 of the Alaska Statutes;

V. Purchases made with food vouchers or other type of certificate issued under 42 U.S.C. 1786 (Child Nutrition Act, WIC);

W. Gross receipts derived from services provided by any form of air service are exempt;

X. That part of the sales price paid by the buyer for travel and adventure services purchased outside the borough or on a cruise ship which is not remitted, directly or indirectly, to the person providing or performing the service within the borough. For purposes of this exemption, “cruise ship” means: 1. A commercial passenger vessel that carries passengers for hire except that “cruise ship” does not include a vessel: a. Authorized to carry fewer than 20 passengers; b. That does not provide overnight accommodations and transportation for at least 20 passengers for hire; or c. Operated by the United States, State of Alaska, or a foreign government.

Y. Sales of goods where the entire transaction, both payment and delivery, takes place on board a cruise ship. For purposes of this exemption, a “cruise ship” has the same meaning as set forth in subsection (X) of this section.

SEC. 5. Effective Date. This ordinance shall become effective upon the first day of the first calendar quarter following the approval of final passage.

PASSED IN FIRST READING: February 26 , 2019

PASSED IN SECOND READING: March 12 , 2019

______Stephen Prysunka, Mayor ATTEST:______Kim Lane, Borough Clerk

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 13a

ORDINANCE No. 960 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 5.08.050, EXEMPTIONS FROM TAX, AND SECTION 5.08.060, TAX-FREE DAYS, IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total Lisa Von Bargen, Borough Manager & FY 19: $ FY 20: $ FY21: $ Kim Lane, Borough Clerk Amount Budgeted: FY19 N/A Account Number(s): Reviews/Approvals/Recommendations N/A Commission, Board or Committee Account Name(s): Name(s) N/A Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $ N/A

ATTACHMENTS: 1 Ordinance No. 960.

RECOMMENDED MOTION: Move to approve the first reading of Ordinance No. 960, and move to a second reading with a Public Hearing to be held on March 26, 2019.

SUMMARY STATEMENT: Each year the Wrangell Chamber of Commerce submits the request for the two allowable tax-free days to be held in May and October. These dates are based on the events that occur during that time for the community businesses in town.

Currently in the Wrangell Municipal Code, the dates are specific to one day in June and one day in September. Because those dates could change from year to year, we are asking that the Borough Assembly approve the attached recommended Ordinance to reflect the change providing for flexibility on the dates. The specific months in which the tax-free days need to occur are being removed and the code is being replaced with language allowing for two tax-free days annually. That way the Chamber can request the days to take place at times during the year that make the most sense for the retailers and the community events with which the tax-free days are associated.

Administration is using this ordinance as an opportunity to clean up antiquated language associated with the tax exemption for funeral and medical services and items. Exemption language in the codes for the Ketchikan Gateway Borough, the City & Borough of Juneau and the Petersburg Borough were all reviewed. Ketchikan and Juneau have very similar language. Staff did not care for the language in the Petersburg code. In the end, staff used the Ketchikan code language with a few minor edits as the revised exemption for Wrangell.

CITY AND BOROUGH OF WRANGELL, ALASKA ORDINANCE NO. 960

AN ORDINANCE OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AMENDING SECTION 5.08.050, EXEMPTIONS FROM TAX, AND SECTION 5.08.060, TAX- FREE DAYS, IN CHAPTER 5.08, SALES TAX, OF THE WRANGELL MUNICIPAL CODE

BE IT ORDAINED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA:

[The changes to the existing code are shown as follows: the words that are underlined are to be added and the words that are bolded and in brackets are to be deleted.]

SEC. 1. Action. The purpose of this ordinance is to amend section 5.08.050, Exemptions from tax, and Section 5.08.060, Tax-free days, of Chapter 5.08, Sales Tax of the Wrangell Municipal Code.

SEC. 2. Amendment of Section 5.08.050. Section 5.08.050 of Chapter 5.08, Sales Tax, of the Wrangell Municipal Code is amended to read:

5.05.050 Exemptions from tax.

The following transactions are exempt from the tax levied under this chapter:

A. Salaries and wages received by an employee from an employer;

B. Sales made and services performed which are not in the regular course of business;

C. Sales, and the gross receipts derived therefrom, when the aggregate amount when computed under WMC 5.08.020 amounts to less than $0.12;

D. Sales, including such rentals and services, when the total sales and service prices derived by the seller or person furnishing such services does not aggregate $200.00 in any calendar quarter year;

E. Dues or fees to clubs, labor unions, or fraternal organizations;

F. [Gross receipts derived from funeral charges and services; medical, dental, optometric, veterinary and hospital services or from sales of prescription medicines; oxygen used for medical purposes; blood or plasma; artificial devices designed or altered for the use of a particular crippled person; artificial limbs; eyes and organs; hearing aids; prescription eyeglasses; artificial teeth sold by a dentist and materials used by a dentist in treatment; crutches; and wheelchairs are exempt; however, services rendered by nurses, unless performed in a hospital or at the direction of a physician, and services rendered by druggists, pharmacists, barbers, cosmeticians and masseurs

shall not be exempt;] Gross receipts derived from sales of health care and funeral goods and services as follows: 1. Sale of cemetery plots, caskets, funeral and burial related items, funeral charges and services by a funeral home; 2. Professional services and supplies by a person licensed, qualified, or certified by the State as a doctor of medicine and surgery, a doctor of osteopathy and surgery, a chiropractor, a dentist, a naturopath, an optometrist, an audiologist, a hospital, a midwife, operator of a birth center, an acupuncturist, an occupational therapist, a physical therapist, a certified nurse aide, or a registered or practical nurse; provided, that the sale is within the scope of the State license or certificate; 3. Controlled substances supplied and services performed pursuant to a prescription from a person listed in subsection (f)(2) of this section; 4. Counseling services by a mental health professional including a psychotherapist, psychologist or psychological associate, a clinical social worker, an alcohol and drug counselor, or a marital and family therapist, licensed or certified by the State; provided, that the services are within the scope of the license or certificate; 5. Assisted living services provided in accordance with an assisted living plan and in an assisted living home licensed as such by the State; (6) Sales of hospital services, or from sales of oxygen used for medical purposes, blood or blood plasma, artificial devices designed or altered for the use of a particular person with a disability, artificial limbs, eyes and organs, hearing aids, assistive mobility devices (e.g. crutches, canes, walkers, and wheelchairs); (7) Provided, however, services rendered by barbers, cosmeticians and masseurs are not exempt.

G. All sales of commodities made to a manufacturer, broker, wholesaler or dealer and which are not consumed or destroyed by such purchaser, but which are resold in the same or an altered form, or which are used to package, crate or deliver the products of such purchaser;

H. All sales to a bona fide retailer when the same are purchased [by him] for resale in the ordinary course of business; in this connection, a retailer is one who regularly stocks merchandise for resale, displays the same to the public and holds himself/or herself out as regularly engaged in the business of selling such products either during a regular season or throughout the year directed to the consumer;

I. Gross receipts or proceeds derived from the transportation to and from grade or high schools in motor or other vehicles;

J. Gross receipts or proceeds derived from servicing, freezing, storing, handling or wharfing of fish; or lumber or any other commodities awaiting shipment or in the process of being shipped;

K. Gross receipts or proceeds derived from sales to the United States government, State of Alaska, City and Borough of Wrangell and any of its political subdivisions;

L. All sales for consumption outside of the borough if delivered by a common carrier by air, land or water to the purchaser;

M. That part of a sale of goods over [$1,500] $3,000 when all items in a single-purchase sale are added together, and that part of a sale of services over [$1,500] $3,000 for a single job or task. Invoices for sales of services shall be computed monthly or less for tax purposes;

N. All sales of newspaper;

O. Sales of services, or building and construction supplies, materials, or equipment, including rental of equipment or tools, to a licensed contractor for use in construction for resale;

P. The value of new or used articles taken in trade as a credit or part payment on the sale of new articles shall be deductible from the total sales price of the new article;

Q. Gross receipts derived from sales, services, rentals and transactions which the municipality is prohibited from taxing under the Constitution and laws of the United States or the State of Alaska;

R. Gross receipts derived from services provided by day care centers and preschool facilities;

S. Sales of services, or building and construction supplies, materials, or equipment, including rental of equipment or tools, to a licensed contractor for use in construction of projects under contract with the United States government, State of Alaska, City and Borough of Wrangell or any of its political subdivisions;

T. Purchases made with food coupons, food stamps, or other type of certificate issued under 7 U.S.C. 2011-2025 (Food Stamp Act);

U. Gross receipts derived from the sales of lawful games of chance and skill conducted by qualified organizations which hold a valid permit from the State of Alaska pursuant to Title 5, Chapter 15 of the Alaska Statutes;

V. Purchases made with food vouchers or other type of certificate issued under 42 U.S.C. 1786 (Child Nutrition Act, WIC);

W. Gross receipts derived from services provided by any form of air service are exempt;

X. That part of the sales price paid by the buyer for travel and adventure services purchased outside the borough or on a cruise ship which is not remitted, directly or indirectly, to the person providing or performing the service within the borough. For purposes of this exemption, “cruise ship” means: 1. A commercial passenger vessel that carries passengers for hire except that “cruise ship” does not include a vessel: a. Authorized to carry fewer than 20 passengers; b. That does not provide overnight accommodations and transportation for at least 20 passengers for hire; or c. Operated by the United States, State of Alaska, or a foreign government.

Y. Sales of goods where the entire transaction, both payment and delivery, takes place on board a cruise ship. For purposes of this exemption, a “cruise ship” has the same meaning as set forth in subsection (X) of this section.

SEC. 3. Amendment of Section 5.08.060. Section 5.08.060 of Chapter 5.08, Sales Tax, of the Wrangell Municipal Code is amended to read:

5.05.060 Tax-free days.

A. Declaration of Tax-Free Days. There may be two “Tax-Free Days” declared for each calendar year. [One day in June and one day in September for each year are hereby declared “Tax-Free Days.”

B. [In June for One Day and September for One Day Each Year Sales Tax Exemptions.]Tax-Free days are subject to the following:

1. Subject to the other provisions of this section and at the option of the seller, retail sales of goods and services for goods or services purchased and received by the buyer for the two designated tax-free days as requested by the Wrangell Chamber of Commerce and approved by the borough assembly [one day in June and for one day in September] each year are exempt from the borough’s retail sales tax imposed by this chapter.

2. The exemption set forth in subsection (B)(1) of this section does not apply to rentals for any period greater than one day. Sales tax on rents for any period greater than one day shall not be prorated or adjusted in any manner to include a sales tax exemption for the two designated tax- free days [one day in June and for one day in September] of each year.

3. The exemption provided for in subsection (B)(1) of this section shall not apply to taxable sales made by the borough.

4. All sales made under the exemption provided for in subsection (B)(1) of this section shall be reported to the borough as exempt sales using “TFD” as the exemption code for the sale.

SEC. 4. Effective Date. This ordinance shall become effective upon adoption.

PASSED IN FIRST READING:______, 2019

PASSED IN SECOND READING: ______, 2019

______Stephen Prysunka, Mayor ATTEST:______Kim Lane, Borough Clerk

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 13b

RESOLUTION NO. 03-19-1444 OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AUTHORIZING TERMS OF THE SALE OF ETOLIN AVENUE REPLAT BOROUGH OWNED LOTS

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total FY 19: $ FY 20: $ FY21: $ Carol Rushmore, Economic Development Director

Amount Budgeted: FY19 $XXX Account Number(s): Reviews/Approvals/Recommendations XXXXX XXX XXXX Commission, Board or Committee Account Name(s): Name(s) Enter Text Here Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $XXX

ATTACHMENTS: 1. Resolution No. 03-19-1444. 2. Notice for Sale 3. Etolin Avenue Replat 4. Survey’s for Lots A, B & C

RECOMMENDED MOTION: Move to approve Resolution 03-19-1444.

SUMMARY STATEMENT: In late 2015, the Borough put out for bid and then over the counter, eight lots on the south end of Etolin Avenue near the new SEARHC clinic and hospital site. The lots were part of the original townsite. Only one of the lots sold in the original sale. The borough received numerous comments the lots were too small. In 2017 staff brought the issue to the Assembly and the Planning and Zoning Commission to review and request that the lots be combined into larger lot sizes. The replat was completed in 2018. Appraisals of each lot have just been completed. It is a priority of the Assembly to get land out into private ownership, especially for residential development. From the replat three larger lots were created. This resolution authorizes the sale of these three lots by sealed bid with a minimum bid of the appraised value. The resolution further authorizes the over-the-counter (OTC) sale of any lots unsold during the sealed bid auction. Lots that become available for sale over-the-counter will be sold on a first come, first served basis and will be sold for the appraised value. The code has a provision that requires a resolution to convey property once it has been sold OTC. This resolution satisfies that requirement as well. The process will be:

1) Lots go out for sale under sealed bid process with the appraised value as minimum bid. 2) Lots unsold by sealed bid become available OTC for appraised value.

Upon passage of this resolution no further action by the Assembly will be required for the lots to be sold either by sealed bid, or OTC.

This resolution identifies the terms of the sale for both the sealed bid and OTC.

Staff is excited to get this land back on the market. If the Assembly approves this resolution it will be posted immediately for thirty days. Sealed bids will be due back April 12th.

CITY AND BOROUGH OF WRANGELL, ALASKA

RESOLUTION NO: 03-19-1444

A RESOLUTION OF THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA, AUTHORIZING TERMS OF THE SALE OF ETOLIN AVENUE REPLAT BOROUGH OWNED LOTS

WHEREAS, the City & Borough of Wrangell is the owner of the real property known as Lots A, B and C, Etolin Avenue Replat; and

WHEREAS, the Borough was unsuccessful in selling this land through previous sale attempts; and

WHEREAS, the Borough has replatted the property in an attempt to make the parcels more attractive for development; and

WHEREAS, the community is in need of lots available for residential development; and

WHEREAS, the City and Borough of Wrangell wishes to divest itself of these parcels by sealed bid auction.

NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE CITY & BOROUGH OF WRANGELL ALASKA, THAT:

SECTION 1. The City & Borough of Wrangell, Alaska will hold a sealed bid auction for the sale of three (3) Borough-owned lots within the Borough boundaries of Wrangell. The properties are as follows:

Legal Description Square Footage Minimum Bid Value Lot A, Etolin Avenue Replat (#2019-2) 14,983 sq. ft. $38,000 Lot B, Etolin Avenue Replat (#2019-2) 19,462 sq. ft. $32,600 Lot C, Etolin Avenue Replat (#2019-2) 19,326 sq. ft. $32,400

SECTION 2. Said lots are zoned Single Family Residential and shall be developed in accordance with the Single Family Residential Zoning District.

SECTION 3. In accordance with Wrangell Municipal Code Section 16.12.040, sealed bids will be received by the City and Borough of Wrangell, P.O. Box 531, (205 Brueger Street), Wrangell, Alaska 99929 until 12:00 p.m. prevailing time on April 12, 2019, at which time the bids will be publicly opened and read aloud in the Borough Assembly Chambers.

SECTION 4. Sealed bids must be clearly marked on the outside of the sealed envelope: “Sealed Bid – City Lots, Opening Date – April 12, 2019, 12:00 p.m.”

SECTION 5. A Certified or Cashier’s check, or cash equal to twenty-five (25) percent of the bid must accompany the bid. Personal checks will not be accepted.

SECTION 6. Purchaser shall have 90 days as of the date of the bid opening to pay the balance in full by Certified or Cashier’s check, or cash.

SECTION 7. A bidder may bid on more than one parcel. However, the bidder is required to submit with each bid a separate Certified or Cashier’s checks, or cash equal to twenty-five (25) percent of the bid for each parcel of land.

SECTION 8. If a bidder places a bid on multiple parcels and wishes to withdraw a bid on one, or more, of the parcels, the bidder shall notify the Borough Clerk no later than Monday, April 15, 2019, 12:00 p.m. (noon). If a bid is withdrawn within the time allowed, the twenty-five (25) percent Certified or Cashier’s check, or cash for the relinquished parcel shall be returned to the bidder. In the event that a bid is withdrawn by the time allowed, the next highest bidder for the relinquished lot will be notified immediately.

SECTION 9. If a bidder places a bid on one parcel and wishes to withdraw their bid, the bidder shall notify the Borough Clerk in writing, no later than Monday, April 15, 2019, 12:00 p.m. (noon). If a bid is withdrawn within the time allowed, the twenty-five (25) percent Certified or Cashier’s Check for the relinquished parcel shall be returned to the bidder. In the event that a bid is withdrawn, the next highest bidder for the relinquished lot will be notified immediately.

SECTION 10. Successful bidders will be required to obtain all necessary federal/state/local permits for development of the land. These permits may include, but are not limited to, Corps of Engineers wetland fill, a State water quality consistency determination, Borough building permit or other land use permits.

SECTION 11. Access is available to each lot by way of Etolin Avenue. Sewer and water mains are located within the Etolin Avenue right-of-way corridor, with public utilities available at each property line. The existing water service is 1” HDPE. The sewer system is a force main system. The Municipal utility shall schedule the installation of future grinder pump stations within 90 days of a request for service received from the property owner. Both water and sewer connections are required in conformance with Wrangell Municipal Code Sections 15.04-Water and 15.08-Sewer. Purchaser shall coordinate with Wrangell Public Works for connections to the utility services.

SECTION 12. The City & Borough of Wrangell reserves the right to reject any or all bids, to waive any informality in a bid, and to make award to the highest responsive, responsible bidder as it may best serve the interest of the Borough.

SECTION 13. In conformance with Wrangell Municipal Code (WMC) Section 16.12.105, parcels for which responsive bids are not received will become available for sale over- the-counter (OTC) beginning April 15, 2019 at 12:00 p.m. and remain for sale until sold, or until the Assembly passes a resolution removing them from OTC status. The parcels shall be available for sale OTC at the sealed bid minimum bid value. This resolution satisfies the requirement in WMC Section 16.12.105 (A) that the Assembly pass a resolution authorizing the terms of the over-the-counter sale. This resolution also satisfies the requirement in WMC Section 16.12.105 (D) that the Assembly pass a resolution ratifying the conveyance of parcels sold over-the- counter.

SECTION 14. In conformance with Wrangell Municipal Code Section 16.12.040 (B), following approval of this resolution, the borough clerk shall give notice of the sealed bid auction by publication of notice in a newspaper of general circulation in the borough at least 30 days before the date of the bid opening; and shall post a public notice 30 days before the date of the bid opening in at least three public places in the borough.

SECTION 15. In conformance with Wrangell Municipal Code Section 16.12.090 a resolution providing for the disposition of property shall become effective upon adoption by the assembly.

PASSED AND APPROVED BY THE ASSEMBLY OF THE CITY & BOROUGH OF WRANGELL, ALASKA THIS 12th DAY OF MARCH, 2019.

CITY & BOROUGH OF WRANGELL

______Stephen Prysunka, Mayor

ATTEST:______Kim Lane, MMC, Borough Clerk

NOTICE OF INVITATION TO BID CITY & BOROUGH OF WRANGELL

City Owned Lots FOR SALE

Per Wrangell Municipal Code (WMC) Section 16.12.040, Notice is hereby given that the City & Borough of Wrangell, Alaska will accept sealed bids for the sale of three (3) City-Owned Lots within the Borough boundaries of Wrangell. The properties are as follows:

Legal Description Square Footage Minimum Bid Value

Lot A, Etolin Avenue Replat (#2019-2) 14,983 sq. ft. $38,000 806 Etolin Avenue

Lot B, Etolin Avenue Replat (#2019-2) 19,462 sq. ft. $32,600 805 Etolin Avenue

Lot C, Etolin Avenue Replat (#2019-2) 19,326 sq. ft. $32,400 819 Etolin Avenue

Sealed bids will be accepted by the City & Borough of Wrangell, P.O. Box 531, Wrangell, Alaska 99929, located at the Borough Clerk’s Office, 205 Brueger Street, Wrangell, Alaska 99929 until 12:00 p.m. prevailing time April 12, 2019 at which time the bids will be publically opened and read aloud in the Borough Assembly Chambers. Sealed bids may be submitted by US Mail, courier delivery service, or in person. Bids may not be submitted by email or fax.

Clearly mark on the outside of the envelope “Sealed Bid – City Lots, Opening Date – April 12, 2019, 12:00 p.m.”

The bid forms and maps reflecting property location may be obtained at the office of the Borough Clerk for no charge at 205 Brueger Street, P.O. Box 531, Wrangell, AK 99929, by email: clerk @wrangell.com, or online at www.wrangell.com. Questions regarding this bid shall be directed to Carol Rushmore, Economic Director at 907-874-2381.

The City & Borough of Wrangell reserves the right to reject any or all bids, to waive any informality in a bid, and to make award to the highest responsive, responsible bidder as it may best serve the interest of the Borough.

Posted: KSTK Please announce: 3/13/2019 thru 4/12/2019 SENTINEL Please publish: 3/21, 3/28, 4/2 & 4/9/2019 Wrangell Website from 3/13/2019 thru 4/12/2019 City Hall from 3/13/2019 thru 4/12/2019 Post Office from 3/13/2019 thru 4/12/2019

A RESTRICTED USE APPRAISAL OF LOT A ETOLIN AVENUE REPLAT WRANGELL, ALASKA

FOR KIM LANE BOROUGH CLERK CITY AND BOROUGH OF WRANGELL P. O. BOX 531 WRANGELL, ALASKA 99929

VALUATION DATE FEBRUARY 25, 2019

FILE 19-3396

BY MICHAEL C. RENFRO, PARTNER

APPRAISAL COMPANY OF ALASKA, LLC 341 W. TUDOR ROAD SUITE 202 ANCHORAGE, ALASKA 99503

Appraisal Company of Alaska

February 25, 2019

Kim Lane, Borough Clerk City and Borough of Wrangell P. O. Box 531 Wrangell, AK 99929

Re: Lot A Etolin Avenue Replat Wrangell, Alaska

Dear Ms. Lane:

As requested, I have prepared a Restricted Use Appraisal Report on the fair market value of the above referenced lot as if vacant. The appraisal date is February 25, 2019. The purpose of the report is to determine the fair market value to establish a minimum bid value for sale purposes. A description and valuation follows.

As a result of the investigation and analysis, subject to the assumptions and limiting conditions, it is my opinion the market value of the property as of February 25, 2019 is:

$37,500

This Restricted Use Report is intended to meet the current Uniform Standards of Professional Appraisal Practice as formulated by the Appraisal Foundation, and conform to the Appraisal Standards for Federally Related Transactions adopted by the Office of the Comptroller of the Currency (OCC).

A description of the site and the analysis which lead to the fair market value conclusion follows. A complete description of the comparable data is included in a separate report which is retained in the appraiser’s work file.

If you have any questions regarding this Restricted Use Appraisal Report please do not hesitate to call me.

Sincerely,

APPRAISAL COMPANY OF ALASKA

Michael C. Renfro

1 Appraisal Company of Alaska

RESTRICTED USE APPRAISAL

This is a Restricted Use Appraisal Report. As such, it presents only a Restricted Use discussion of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's work file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report.

CLIENT: Kim Lane, Borough Clerk City and Borough of Wrangell P.O. Box 531 Wrangell, Alaska 99929

APPRAISER: Michael C. Renfro, Partner Appraisal Company of Alaska 341 W Tudor Rd. Suite 202 Anchorage, Alaska 99503

SUBJECT: Fee Simple Estate Land Only – 14,983 sq. ft. Wrangell, Alaska 99929

OWNER: City and Borough of Wrangell

PURPOSE OF THE APPRAISAL: The purpose of this appraisal is to estimate the fair market value of the subject property. Market value is defined by the federal financial institutions regulatory agencies as follows:

"The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

Appraisal Company of Alaska 19-3396

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(1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and acting in what they consider their own best interests; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

INTENDED USE OF REPORT: This appraisal is intended to assist the client in determining the subject's market value for setting a minimum bid price for sale.

INTEREST VALUED: Fee Simple estate which is defined as "Absolute ownership unencumbered by any other interest or estate; subject only to the limitations of eminent domain, escheat, police power, and taxation."

EFFECTIVE DATE OF VALUE: February 25, 2019

DATE OF REPORT: February 25, 2019

SALES HISTORY: No sales of the subject property have occurred with in the past three years.

APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser:

 Inspected the subject property prior to February 25, 2019

 Reviewed available records.

 Applied the market approach to arrive at an indication of value.

The appraiser believes the primary approach to value is the sales comparison approach. The appraisal process therefore involved no departures from Standards Rule 1-4(b) i,ii,iv,v and vi.

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SUBJECT PLAT

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This Restricted Use Appraisal Report is a brief recapitulation of the available data, analyses and conclusions.

SUMMARY OF PROPERTY APPRAISED: The property that is the subject of this report is situated to the Southside of Cedar Street. At the Northwest corner of Cedar Street and Etolin Avenue. The area surrounding the subject is residential development.

Legal Description: Lot A, Etolin Avenue Replat Wrangell, Alaska.

Address: NHN Cedar Street, Wrangell, Alaska.

Land: The reader is referred to the Plat Map on the previous page. The subject lot is rectangular in shape with an area of 14,983 sq. ft. The topography is generally undeveloped land.

Utilities: All utilities are available to the site.

Improvements: No improvements are included in this report. This site is vacant.

Environmental Condition: No warranties as to environmental issues have been addressed by the appraiser. A visual inspection showed no evidence of contamination. If this is a concern of the seller or purchaser, it should be inspected by a qualified inspector.

Zoning: The subject is zoned single family residential.

HIGHEST AND BEST USE: In common appraisal practice, the concept of highest and best use represents the premise upon which the value estimated is based.

As if vacant the subject’s highest and best use would be for development consistent with the current zoning requirements. Single family residential development.

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Land Value: There have been limited sales of similar undeveloped lots. The sales provided are considered to be representative of the market for undeveloped land.

COMPARABLE LAND SALES

Sale NO. Legal Date Area/SF Price/SF Remarks Price

Smaller

residential lot

Lot 10 Block 2 similar 1 10/07 $30,000 8,083 $3.71 City S/D Utilities superior topography

Similar size residential lot Lot 19F 2 9/06 $50,000 15,530 $3.22 superior view USS 2900 and topography

Lot 1 Block 5 Residential

Wrangell Island site at 12.5 3 6/16 $38,502 183,692 $.46 West mile Zimovia Highway

Lot 3 Block 5 Residential

Wrangell Island site at 12.5 4 2/14 $32,100 217,059 $.15 West mile Zimovia Highway

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Analysis of Comparable Land Sales:

Time: With a limited amount of sales it is difficult to obtain paired sales for analysis to arrive at the adjustments needed to bring the available sales into conformity with the subject. However, in general, values are increasing in Wrangell. The CPI indicates an increase around 2% per year, other lease transactions are close to 1% per year. Due to the limited data a time adjustment of 1% per year is utilized.

Terms:

None of the sales used in the analysis is believed to require consideration for special financing or other sale conditions.

Size

Smaller parcels tend to sell for more per unit of comparison than larger parcels, all other factors being equal. In relation to the subject comparable No. 1 is smaller and requires a downward adjustment, parcels 3 & 4 are larger and adjusted upwards.

Location and Access:

Location and access is somewhat subjective on the part of the appraiser in relation to the comparable data utilized. However, analysis of other sales contained in our separate report on the A Restricted Use of Wrangell sales and lease transactions indicates that location and access can account for up to 20% difference between superior and inferior locations of waterfront parcels. The subject’s location and access is felt to be superior to comparables 3 and 4 which are adjusted upward.

Utilities:

Comparables 3 & 4 does not have water and sewer available and are adjusted upward.

Topography/View

Again topography and view are somewhat subjective on the part of the appraiser. Comparably 1 and 2 are considered to have superior topography and are adjusted downward.

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Adjustment Grid: The following grid shows the estimated adjustment for each sale, bringing it into conformity with the subject:

Sale No. #1 #2 #3 #4 Price/SF $3.71 $3.22 $.46 $.15 Time +12 +13 +3 +6 Net After Time $4.16 $3.64 $.47 $.16 Terms 0 0 0 0 Size -20% 0% +20% +20% Location/Access 0% 0% +30% +30% Utilities 0 0 +10% +10% Topography -30% -30% 0 0 Net Adjustment -50% -30% +60% +60%

Indicated Value/Acre $2.08 $2.50 $.75 $.26

Conclusion:

After adjustments for property differences, the available transactions indicate a range of value for the subject site from $.26 to $2.50 per square foot.

After analysis of the property differences, including the subject’s size and location, the market value of the subject’s 14,983 square feet is concluded to be $2.50 per square foot or $37,457 rounded to. $37,500.

Appraisal Company of Alaska 19-3396

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ASSUMPTIONS AND LIMITING CONDITIONS:

1. As agreed upon with the client prior to the preparation of this appraisal, this is a Limited Appraisal because it invokes the Departure Provision of the Uniform Standards of Professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced.

2. This is a Restricted Use appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a A Restricted Use Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report.

3. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report.

4. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.

5. Responsible ownership and competent property management are assumed unless otherwise stated in this report.

6. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.

7. All engineering is assumed to be correct. Any maps, sketches, plot plans and illustrative material in this report are included only to assist the reader in visualizing the property.

8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them.

Appraisal Company of Alaska 19-3396

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9. It is assumed that there is full compliance with all applicable federal, state, and local regulations and laws unless otherwise stated in this report.

10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there are no encroachments or trespass unless otherwise stated in this report.

11. The valuation assumes the appraised property (site and improvements) is free and clear of hazardous contaminants, unless specifically noted. If the appraised property is suspected of contamination, then the client is urged to retain an engineers report. The appraiser(s) reserve the right to review value conclusions if documentation, including cost-to-cure estimates, is provided.

12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety.

13. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser.

Appraisal Company of Alaska 19-3396

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CERTIFICATION

I certify that, to the best of my knowledge and belief:

1. The statements of fact contained in this report are true and correct.

2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, unbiased professional analyses, opinions, and conclusions.

3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved.

4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.

5. This appraisal was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.

6. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.

7. I made a personal inspection of the property that is the subject of this report.

8. No one provided significant professional assistance to the person signing this report.

9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute.

10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

Michael C. Renfro

Appraisal Company of Alaska 19-3396

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A RESTRICTED USE APPRAISAL OF LOT B ETOLIN AVENUE REPLAT WRANGELL, ALASKA

FOR KIM LANE BOROUGH CLERK CITY AND BOROUGH OF WRANGELL P. O. BOX 531 WRANGELL, ALASKA 99929

VALUATION DATE FEBRUARY 25, 2019

FILE 19-3397

BY MICHAEL C. RENFRO, PARTNER

APPRAISAL COMPANY OF ALASKA, LLC 341 W. TUDOR ROAD SUITE 202 ANCHORAGE, ALASKA 99503

Appraisal Company of Alaska

February 25, 2019

Kim Lane, Borough Clerk City and Borough of Wrangell P. O. Box 531 Wrangell, AK 99929

Re: Lot B Etolin Avenue Replat Wrangell, Alaska

Dear Ms. Lane:

As requested, I have prepared a Restricted Use Appraisal Report on the fair market value of the above referenced lot as if vacant. The appraisal date is February 25, 2019. The purpose of the report is to determine the fair market value to establish a minimum bid value for sale purposes. A description and valuation follows.

As a result of the investigation and analysis, subject to the assumptions and limiting conditions, it is my opinion the market value of the property as of February 25, 2019 is:

$32,100

This Restricted Use report is intended to meet the current Uniform Standards of Professional Appraisal Practice as formulated by the Appraisal Foundation, and conform to the Appraisal Standards for Federally Related Transactions adopted by the Office of the Comptroller of the Currency (OCC).

A description of the site and the analysis which lead to the fair market value conclusion follows. A complete description of the comparable data is included in a separate report which is retained in the appraiser’s work file.

If you have any questions regarding this Restricted Use Appraisal Report please do not hesitate to call me.

Sincerely,

APPRAISAL COMPANY OF ALASKA

Michael C. Renfro

1 Appraisal Company of Alaska

RESTRICTED USE APPRAISAL

This is a Restricted Use Appraisal Report. As such, it presents only summary discussion of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's work file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report.

CLIENT: Kim Lane, Borough Clerk City and Borough of Wrangell P.O. Box 531 Wrangell, Alaska 99929

APPRAISER: Michael C. Renfro, Partner Appraisal Company of Alaska 341 W Tudor Rd. Suite 202 Anchorage, Alaska 99503

SUBJECT: Fee Simple Estate Land Only – 19,462 sq. ft. Wrangell, Alaska 99929

OWNER: City and Borough of Wrangell

PURPOSE OF THE APPRAISAL: The purpose of this appraisal is to estimate the fair market value of the subject property. Market value is defined by the federal financial institutions regulatory agencies as follows:

"The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

Appraisal Company of Alaska 19-3397

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(1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and acting in what they consider their own best interests; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

INTENDED USE OF REPORT: This appraisal is intended to assist the client in determining the subject's market value for setting a minimum bid price for sale.

INTEREST VALUED: Fee Simple estate which is defined as "Absolute ownership unencumbered by any other interest or estate; subject only to the limitations of eminent domain, escheat, police power, and taxation."

EFFECTIVE DATE OF VALUE: February 25, 2019

DATE OF REPORT: February 25, 2019

SALES HISTORY: No sales of the subject property have occurred with in the past three years.

APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser:

 Inspected the subject property prior to February 25, 2019

 Reviewed available records.

 Applied the market approach to arrive at an indication of value.

The appraiser believes the primary approach to value is the sales comparison approach. The appraisal process therefore involved no departures from Standards Rule 1-4(b) i,ii,iv,v and vi.

Appraisal Company of Alaska 19-3397

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SUBJECT PLAT

Appraisal Company of Alaska 19-3397

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This Restricted Use Appraisal Report is a brief recapitulation of the available data, analyses and conclusions.

SUMMARY OF PROPERTY APPRAISED: The property that is the subject of this report is situated to the South side of Etolin Avenue. The area surrounding the subject is residential development.

Legal Description: Lot B, Etolin Avenue Replat Wrangell, Alaska.

Address: NHN Etolin Avenue, Wrangell, Alaska.

Land: The reader is referred to the Plat Map on the previous page. The subject lot is rectangular in shape with an area of 19,462 sq. ft. The topography is generally undeveloped land.

Utilities: All utilities are available to the site.

Improvements: No improvements are included in this report. This site is vacant.

Environmental Condition: No warranties as to environmental issues have been addressed by the appraiser. A visual inspection showed no evidence of contamination. If this is a concern of the seller or purchaser, it should be inspected by a qualified inspector.

Zoning: The subject is zoned single family residential.

HIGHEST AND BEST USE: In common appraisal practice, the concept of highest and best use represents the premise upon which the value estimated is based.

As if vacant the subject’s highest and best use would be for development consistent with the current zoning requirements. Single family residential development.

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Land Value: There have been limited sales of similar undeveloped lots. The sales provided are considered to be representative of the market for undeveloped land.

COMPARABLE LAND SALES

Sale NO. Legal Date Area/SF Price/SF Remarks Price

Smaller

residential lot

Lot 10 Block 2 similar 1 10/07 $30,000 8,083 $3.71 City S/D Utilities superior topography

Similar size residential lot Lot 19F 2 9/06 $50,000 15,530 $3.22 superior view USS 2900 and topography

Lot 1 Block 5 Residential

Wrangell Island site at 12.5 3 6/16 $38,502 183,692 $.46 West mile Zimovia Highway

Lot 3 Block 5 Residential

Wrangell Island site at 12.5 4 2/14 $32,100 217,059 $.15 West mile Zimovia Highway

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Analysis of Comparable Land Sales:

Time: With a limited amount of sales it is difficult to obtain paired sales for analysis to arrive at the adjustments needed to bring the available sales into conformity with the subject. However, in general, values are increasing in Wrangell. The CPI indicates an increase around 2% per year, other lease transactions are close to 1% per year. Due to the limited data a time adjustment of 1% per year is utilized.

Terms:

None of the sales used in the analysis is believed to require consideration for special financing or other sale conditions.

Size

Smaller parcels tend to sell for more per unit of comparison than larger parcels, all other factors being equal. In relation to the subject comparable No. 1 is smaller and requires a downward adjustment, parcels 3 and 4 are larger and adjusted upwards.

Location and Access:

Location and access is somewhat subjective on the part of the appraiser in relation to the comparable data utilized. However, analysis of other sales contained in our separate report on the summary of Wrangell sales and lease transactions indicates that location and access can account for up to 30% difference between superior and inferior locations. The subject’s location and access is felt to be superior to comparables 3 and 4 which are adjusted upward and inferior to comparables 1 and 2.

Utilities:

Comparables 3 and 4 do not have water and sewer available and are adjusted upward.

Topography/View

Again topography and view are somewhat subjective on the part of the appraiser. Comparables 1 and 2 are considered to have superior topography and are adjusted downward.

Appraisal Company of Alaska 19-3397

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Adjustment Grid: The following grid shows the estimated adjustment for each sale, bringing it into conformity with the subject:

Sale No. #1 #2 #3 #4 Price/SF $3.71 $3.22 $.46 $.15 Time +12 +13 +3 +6 Net After Time $4.16 $3.64 $.47 $.16 Terms 0 0 0 0 Size -20% -20% +20% +20% Location/Access -10% -10% +30% +30% Utilities 0 0 +10% +10% Topography -30% -30% 0 0 Net Adjustment -60% -60% +60% +60%

Indicated Value/Acre $1.66 $1.46 $.75 $.26

Conclusion:

After adjustments for property differences, the available transactions indicate a range of value for the subject site from $.26 to $1.66 per square foot.

After analysis of the property differences, including the subject’s size and location, the market value of the subject’s 19,462 square feet is concluded to be $1.65 per square foot or $32,112 rounded to $32,100

Appraisal Company of Alaska 19-3397

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ASSUMPTIONS AND LIMITING CONDITIONS:

1. As agreed upon with the client prior to the preparation of this appraisal, this is a Limited Appraisal because it invokes the Departure Provision of the Uniform Standards of Professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced.

2. This is a Restricted Use appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Restricted Use appraisal report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report.

3. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report.

4. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.

5. Responsible ownership and competent property management are assumed unless otherwise stated in this report.

6. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.

7. All engineering is assumed to be correct. Any maps, sketches, plot plans and illustrative material in this report are included only to assist the reader in visualizing the property.

8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them.

Appraisal Company of Alaska 19-3397

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9. It is assumed that there is full compliance with all applicable federal, state, and local regulations and laws unless otherwise stated in this report.

10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there are no encroachments or trespass unless otherwise stated in this report.

11. The valuation assumes the appraised property (site and improvements) is free and clear of hazardous contaminants, unless specifically noted. If the appraised property is suspected of contamination, then the client is urged to retain an engineers report. The appraiser(s) reserve the right to review value conclusions if documentation, including cost-to-cure estimates, is provided.

12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety.

13. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser.

Appraisal Company of Alaska 19-3397

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CERTIFICATION

I certify that, to the best of my knowledge and belief:

1. The statements of fact contained in this report are true and correct.

2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, unbiased professional analyses, opinions, and conclusions.

3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved.

4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.

5. This appraisal was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.

6. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.

7. I made a personal inspection of the property that is the subject of this report.

8. No one provided significant professional assistance to the person signing this report.

9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute.

10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

Michael C. Renfro, Partner

Appraisal Company of Alaska 19-3397

11

A RESTRICTED USE APPRAISAL OF LOT C ETOLIN AVENUE REPLAT WRANGELL, ALASKA

FOR KIM LANE BOROUGH CLERK CITY AND BOROUGH OF WRANGELL P. O. BOX 531 WRANGELL, ALASKA 99929

VALUATION DATE FEBRUARY 25, 2019

FILE 19-3398

BY MICHAEL C. RENFRO, PARTNER

APPRAISAL COMPANY OF ALASKA, LLC 341 W. TUDOR ROAD SUITE 202 ANCHORAGE, ALASKA 99503

Appraisal Company of Alaska

February 25, 2019

Kim Lane, Borough Clerk City and Borough of Wrangell P. O. Box 531 Wrangell, AK 99929

Re: Lot C Etolin Avenue Replat Wrangell, Alaska

Dear Ms. Lane:

As requested, I have prepared a Restricted Use Appraisal Report on the fair market value of the above referenced lot as if vacant. The appraisal date is February 25, 2019. The purpose of the report is to determine the fair market value to establish a minimum bid value for sale purposes. A description and valuation follows.

As a result of the investigation and analysis, subject to the assumptions and limiting conditions, it is my opinion the market value of the property as of February 25, 2019 is:

$31,900

This Restricted Use report is intended to meet the current Uniform Standards of Professional Appraisal Practice as formulated by the Appraisal Foundation, and conform to the Appraisal Standards for Federally Related Transactions adopted by the Office of the Comptroller of the Currency (OCC).

A description of the site and the analysis which lead to the fair market value conclusion follows. A complete description of the comparable data is included in a separate report which is retained in the appraiser’s work file.

If you have any questions regarding this Restricted Use Appraisal Report please do not hesitate to call me.

Sincerely,

APPRAISAL COMPANY OF ALASKA

Michael C. Renfro

1 Appraisal Company of Alaska

A RESTRICTED USE APPRAISAL

This is a Restricted Use Appraisal Report. As such, it presents only summary discussion of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's work file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report.

CLIENT: Kim Lane, Borough Clerk City and Borough of Wrangell P.O. Box 531 Wrangell, Alaska 99929

APPRAISER: Michael C. Renfro, Partner Appraisal Company of Alaska 341 W Tudor Rd. Suite 202 Anchorage, Alaska 99503

SUBJECT: Fee Simple Estate Land Only – 19,326 sq. ft. Wrangell, Alaska 99929

OWNER: City and Borough of Wrangell

PURPOSE OF THE APPRAISAL: The purpose of this appraisal is to estimate the fair market value of the subject property. Market value is defined by the federal financial institutions regulatory agencies as follows:

"The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

Appraisal Company of Alaska 19-3398

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(1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and acting in what they consider their own best interests; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

INTENDED USE OF REPORT: This appraisal is intended to assist the client in determining the subject's market value for setting a minimum bid price for sale.

INTEREST VALUED: Fee Simple estate which is defined as "Absolute ownership unencumbered by any other interest or estate; subject only to the limitations of eminent domain, escheat, police power, and taxation."

EFFECTIVE DATE OF VALUE: February 25, 2019

DATE OF REPORT: February 25, 2019

SALES HISTORY: No sales of the subject property have occurred with in the past three years.

APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser:

 Inspected the subject property prior to February 25, 2019

 Reviewed available records.

 Applied the market approach to arrive at an indication of value.

The appraiser believes the primary approach to value is the sales comparison approach. The appraisal process therefore involved no departures from Standards Rule 1-4(b) i,ii,iv,v and vi.

Appraisal Company of Alaska 19-3398

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SUBJECT PLAT

Appraisal Company of Alaska 19-3398

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This Restricted Use Appraisal Report is a brief recapitulation of the available data, analyses and conclusions.

SUMMARY OF PROPERTY APPRAISED: The property that is the subject of this report is situated to the South side of Etolin. The area surrounding the subject is residential development.

Legal Description: Lot C, Etolin Avenue Replat Wrangell, Alaska.

Address: NHN Etolin Ave, Wrangell, Alaska.

Land: The reader is referred to the Plat Map on the previous page. The subject lot is rectangular in shape with an area of 19,326 sq. ft. The topography is generally undeveloped land.

Utilities: All utilities are available to the site.

Improvements: No improvements are included in this report. This site is vacant.

Environmental Condition: No warranties as to environmental issues have been addressed by the appraiser. A visual inspection showed no evidence of contamination. If this is a concern of the seller or purchaser, it should be inspected by a qualified inspector.

Zoning: The subject is zoned single family residential.

HIGHEST AND BEST USE: In common appraisal practice, the concept of highest and best use represents the premise upon which the value estimated is based.

As if vacant the subject’s highest and best use would be for development consistent with the current zoning requirements. Single family residential development.

Appraisal Company of Alaska 19-3398

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Land Value: There have been limited sales of similar undeveloped lots. The sales provided are considered to be representative of the market for undeveloped land.

COMPARABLE LAND SALES

Sale NO. Legal Date Area/SF Price/SF Remarks Price

Smaller

residential lot

Lot 10 Block 2 similar 1 10/07 $30,000 8,083 $3.71 City S/D Utilities superior topography

Similar size residential lot Lot 19F 2 9/06 $50,000 15,530 $3.22 superior view USS 2900 and topography

Lot 1 Block 5 Residential

Wrangell Island site at 12.5 3 6/16 $38,502 183,692 $.46 West mile Zimovia Highway

Lot 3 Block 5 Residential

Wrangell Island site at 12.5 4 2/14 $32,100 217,059 $.15 West mile Zimovia Highway

Appraisal Company of Alaska 19-3398

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Analysis of Comparable Land Sales:

Time: With a limited amount of sales it is difficult to obtain paired sales for analysis to arrive at the adjustments needed to bring the available sales into conformity with the subject. However, in general, values are increasing in Wrangell. The CPI indicates an increase around 2% per year, other lease transactions are close to 1% per year. Due to the limited data a time adjustment of 1% per year is utilized.

Terms:

None of the sales used in the analysis is believed to require consideration for special financing or other sale conditions.

Size

Smaller parcels tend to sell for more per unit of comparison than larger parcels, all other factors being equal. In relation to the subject comparable No. 1 is smaller and requires a downward adjustment, parcels 3 and 4 are larger and adjusted upwards.

Location and Access:

Location and access is somewhat subjective on the part of the appraiser in relation to the comparable data utilized. However, analysis of other sales contained in our separate report on the summary of Wrangell sales and lease transactions indicates that location and access can account for up to 30% difference between superior and inferior locations of waterfront parcels. The subject’s location and access is felt to be superior to comparables 3 and 4 which are adjusted upward, and inferior to comparables 1 and 2.

Utilities:

Comparables 3 and 4 do not have water and sewer available and are adjusted upward.

Topography/View

Again topography and view are somewhat subjective on the part of the appraiser. Comparables 1 and 2 are considered to have superior topography and are adjusted downward.

Appraisal Company of Alaska 19-3398

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Adjustment Grid: The following grid shows the estimated adjustment for each sale, bringing it into conformity with the subject:

Sale No. #1 #2 #3 #4 Price/SF $3.71 $3.22 $.46 $.15 Time +12 +13 +3 +6 Net After Time $4.16 $3.64 $.47 $.16 Terms 0 0 0 0 Size -20% -20% +20% +20% Location/Access -10% -10% +30% +30% Utilities 0 0 +10% +10% Topography -30% -30% 0 0 Net Adjustment -60% -60% +60% +60%

Indicated Value/Acre $1.66 1.46 $.75 $.26

Conclusion:

After adjustments for property differences, the available transactions indicate a range of value for the subject site from $.26 to $1.66 per square foot.

After analysis of the property differences, including the subject’s size and location, the market value of the subject’s 19,326 square feet is concluded to be $1.65 per square foot or $31,888 rounded to. $31,900.

Appraisal Company of Alaska 19-3398

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ASSUMPTIONS AND LIMITING CONDITIONS:

1. As agreed upon with the client prior to the preparation of this appraisal, this is a Limited Appraisal because it invokes the Departure Provision of the Uniform Standards of Professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced.

2. This is a Restricted Use Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Restricted Use Appraisal Report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report.

3. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report.

4. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.

5. Responsible ownership and competent property management are assumed unless otherwise stated in this report.

6. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.

7. All engineering is assumed to be correct. Any maps, sketches, plot plans and illustrative material in this report are included only to assist the reader in visualizing the property.

8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them.

Appraisal Company of Alaska 19-3398

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9. It is assumed that there is full compliance with all applicable federal, state, and local regulations and laws unless otherwise stated in this report.

10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there are no encroachments or trespass unless otherwise stated in this report.

11. The valuation assumes the appraised property (site and improvements) is free and clear of hazardous contaminants, unless specifically noted. If the appraised property is suspected of contamination, then the client is urged to retain an engineers report. The appraiser(s) reserve the right to review value conclusions if documentation, including cost-to-cure estimates, is provided.

12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety.

13. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser.

Appraisal Company of Alaska 19-3398

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CERTIFICATION

I certify that, to the best of my knowledge and belief:

1. The statements of fact contained in this report are true and correct.

2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, unbiased professional analyses, opinions, and conclusions.

3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved.

4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.

5. This appraisal was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.

6. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.

7. I made a personal inspection of the property that is the subject of this report.

8. No one provided significant professional assistance to the person signing this report.

9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute.

10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

Michael C. Renfro, Partner

Appraisal Company of Alaska 19-3398

11 CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 13c

Approval of 2019 Borough Goals

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total FY 19: $ FY 20: $ FY21: $ Lisa Von Bargen, Borough Manager Amount Budgeted: FY19 $XXX Account Number(s): Reviews/Approvals/Recommendations XXXXX XXX XXXX Commission, Board or Committee Account Name(s): Name(s) Enter Text Here Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $XXX

ATTACHMENTS: 1. 2019 Borough Goals.

RECOMMENDED MOTION:

Move to approve the 2019 Borough Goals.

SUMMARY STATEMENT: Goals are still a work in progress and will be completed over the weekend for inclusion in the packet on Monday. CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 13d

Approval of Supplemental Compensation for the Borough Manager

FISCAL NOTE: SUBMITTED BY: Expenditure Required: See agenda

statement. FY 19: $ FY 20: $ FY21: $ Lisa Von Bargen, Borough Manager

Amount Budgeted: FY19 $ Account Number(s): Reviews/Approvals/Recommendations

Commission, Board or Committee Account Name(s): Name(s) Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $

ATTACHMENTS:

RECOMMENDATION MOTION: Move to Approve Supplemental Compensation for Borough Manager.

SUMMARY STATEMENT: The Assembly conducted the Manager’s evaluation on January 22nd. In consideration of the Manager’s accomplishments the Assembly has agreed to provide supplemental compensation. The Manager’s contract renewal takes place in July and the Assembly has requested to amend the contract at that time. In the interim the following supplemental compensation will be provided to the Manager. CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 13e

Approval of 2019 Federal Legislative Priorities

FISCAL NOTE: SUBMITTED BY: Expenditure Required: N/A FY 19: $ FY 20: $ FY21: $ Lisa Von Bargen, Borough Manager

Amount Budgeted: FY19 N/A Account Number(s): Reviews/Approvals/Recommendations N/A Commission, Board or Committee Account Name(s): Name(s) N/A Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance N/A

ATTACHMENTS: 1) 2019 Federal Legislative Priorities

RECOMMENDATION MOTION: Move to Approve 2019 Federal Legislative Priorities.

SUMMARY STATEMENT: The Assembly held a work session on February 26th to discuss the Borough’s annual Federal Legislative Priorities. The priorities document is being updated by Seb, our Federal Lobbyist, and should be finished on Monday. Administration has added the other additional items discussed at the work session. Upon approval the Priorities will be distributed to the Borough’s Federal Lobbyist and Alaska’s Federal Delegation (and staff). 1. The Borough Manager position will be reinstated as a PERS position effective immediately. 2. The Borough Manager will receive a one-time bonus payment of $10,000. 3. When traveling for Borough business the Manager’s travel will be purchased tickets, and will not be booked using miles. Additionally, when travelling for business, the Borough Manager is authorized to purchase first class tickets as a form of reasonable accommodation. 4. When traveling to care for her mother, the Borough Manager is authorized to use Sick Leave. 5. As the Manager’s contract is not being renegotiated until July 2019, the Assembly agrees to retain the Borough manager for at least one additional year from the current date of contract termination, or through July 18, 2020.

The Fiscal Note section of the agenda statement is not complete as the total amount of these additional items is unknown, mostly because the total amount of the manager’s travel is unknown.

The known fiscal impacts are:

Salary & Benefits Bonus: $10,000 PERS: $ 9,200

The Borough currently contributes $15,000 annually to ICMA retirement for the Manager. Based on the Manager’s current salary, 22% of that is $24,200 annually. This is $9,200 more than the current $15,000 457 contribution.

Travel Increased Ticket Cost: $2,000 (Estimated)

Leave No fiscal impact, other than sick leave will be used rather than vacation time. CITY AND BOROUGH OF WRANGELL INCORPORATED MAY 30, 2008

P.O. BOX 531 (907)-874-2381 Wrangell, AK 99929 FAX (907)-874-3952

2019 FEDERAL LEGISLATIVE PRIORITIES

Water Treatment Plant: The existing water treatment plant lacks the capacity to treat the volume of water necessary to meet the residential and commercial needs of the community during times of peak demand. In recent summers, Wrangell has had to institute a water conservation program (Wrangell H2O). Unfortunately this includes measures like denying water purchases to visiting cruise ships (the numbers of which are expanding), asking local restaurants to only serve water when asked by customers, and installation of conservation technology by fish processors. In addition to being a public health issue, every aspect of the Wrangell economy depends on the availability of clean water. We have been working on plans for a new water treatment plant. The $10 million project will require a funding package, including the use of Water Department Reserve Funds, a USDA Rural Development loan/grant, and EDA funding. The USDA funding package has been approved while the EDA application for $3 million in funding is awaiting final review by EDA’s headquarters. We thank the Delegation for its recent joint letter of support to the Secretary of Commerce urging grant approval. Longer-term, the community also needs to expand its water supply and improve reservoir safety (see below).

Reservoir Dam Rehabilitation/Replacement: In 2015, the Alaska Department of Natural Resources identified Wrangell’s reservoir dams as the second worst dams in the State. Although stable in a static environment, there is a significant likelihood of failure during a substantive seismic event. A Corps of Engineers Study from 2006 shows 15 homes and nearly 40 residents at risk in a runout zone. That same study identified a new reservoir expansion project as the recommended course of action, but the community did not move forward with the Corps’ recommendation because of its overly large scale and high cost. Wrangell believes there is a solution for dam stabilization that will decrease the projected cost from $50 million to $10 million. The 2017 WIIN Act authorized funding for non-federal dam rehabilitation and the Congress for the first time has provided appropriations with $10 million included in the FY 2019 Department of Homeland Security Appropriations Bill. The City and Borough is currently in the process of updating the community Hazard Mitigation Plan for approval by FEMA. Should we submit an application for funding to rehabilitate our dams, we would appreciate the Delegation’s support for the application with the Department of Homeland Security.

Water Availability: Southern Southeast Alaska (Petersburg, Wrangell and Ketchikan) is in the midst of a severe drought. The lack of rain and snowpack has left both our hydro project lakes (Tyee and Swan) and our drinking water reservoirs with minimal water. For more than two decades Sunrise Lake on Woronkofski Island has been considered as a possible hydro/fresh water supply for Wrangell. If changing weather patterns become the “new normal” and the region must find supplemental power and fresh water sources, what was once cost prohibitive may become a viable option. The hydrosite analysis for Sunrise was completed in the last year. If evaluation of the project to serve both hydro power and drinking water needs becomes necessary we hope the delegation will be supportive.

Secure Rural Schools (SRS): The SRS Program was created by bipartisan legislation in 2000 as a substitute for declining revenue sharing receipts due to reductions in logging on Forest Service lands. Wrangell received $845,000 last year in Title I SRS payment that go to our schools. There is one last SRS payment before the program expires. The City and Borough strongly supports the reauthorization or extension of SRS. The State’s national forest communities stand to lose over $9 million per year without a program extension. Furthermore, the City and Borough also urges the Delegation to give consideration to supporting legislation introduced in the last Congress that would establish an investment trust fund to provide increased SRS payments as well as make other investments in Forest Service communities. This approach would bring more long-term stability to the program and to those communities it serves.

Federal Payment in Lieu of Taxes (PILT): PILT provides partial compensation for the loss of revenue to communities with large Federal property in- holdings which cannot be developed and which are exempt from local property taxes. In Wrangell, 97% of lands within the municipal boundaries are owned by the U.S. Forest Service and will never be open to development. Wrangell’s FY 2018 PILT payment was $440,000 with the FY 2019 payment coming later this year. We urge continued support for full funding of PILT in FY 2020 appropriations. We also urge support for draft legislation supported by the National Association of Counties that would adjust the PILT formula to increase compensation to localities such as ours that have high Federal land ownership but a low population base. Such an adjustment would more fairly compensate localities that do not have the benefit enjoyed by larger PILT-recipient localities in terms of greater population and tax bases along with more diversified economies.

Wrangell Ranger District – Tongass National Forest: District Ranger Position: January of this brought the retirement of the District Ranger for Wrangell. Rumors suggested the District Supervisor intended to eliminate the Wrangell District Ranger position and consolidate the district under Petersburg. The City & Borough of Wrangell strongly oppose any such effort and respectfully request the delegation continue to support separate districts. Although close geographically, the priorities of the districts are very different and need to be managed separately. Zarembo Island Clean-Up: The Borough Assembly has made it a priority to address abatement issues in Wrangell. October marked the close of the final phase of the Byford Junkyard Clean-Up Project in Wrangell. In the end, the State of Alaska spent three years and $18 Million to clean and remediate the property. The City & Borough of Wrangell (CBW) is acutely aware that without the financial support from the State’s Spill Response Fund and the commitment of the staff at the Alaska Department of Environmental Conservation, the Byford site would have remained one of the worst lead contaminated sites in Alaska’s history, leaching hazardous material into Zimovia Strait. The Borough Assembly wants to ensure no situation like this ever happens again. It is with similar concern the Borough lists Zarembo Island Clean-Up as a priority. Zarembo Island is a very popular hunting location within the Wrangell Borough just a few short miles from the community. Hunters use all manner of vehicles to access the old logging roads on the island. Unfortunately, the island, specifically Roosevelt Harbor Parking Lot, has become a dumping ground for old vehicles, equipment, and just plain trash. Junk vehicles, in varying degrees of deterioration, car batteries too numerous to count, fuel tanks and all other types of equipment imaginable that is considered unusable, has been left to rot in place. Zarembo Island is becoming the next Byford lot. The City & Borough of Wrangell respectfully requests the USFS use all regulatory means and public notices possible to enforce the removal of this junk by the responsible parties. As this method is likely to generate little, if any, response, the CBW urges the USFS to bring all available resources to bear to clean up Zarembo Island before it becomes a problem too big to address.

Transboundary Waters & British Columbia Mines: The City and Borough of Wrangell remains concerned over the development of mines in British Columbia and the potential threat they pose to Southeast Alaska’s watersheds and fisheries. We appreciate efforts by Alaska’s Congressional Delegation to engage with the appropriate officials in the Canadian government and British Columbia province on this difficult transboundary waters issue. The decision by Canada this past year to close and clean up the Tulsequah Chief Mine is a positive step. But there is still the need to establish joint water quality protocols, conduct independent baselines studies over a multi-year timeframe, and set up water gauge/monitoring stations in the other southeast watersheds so that mining activity can be properly checked. We support continued engagement by the Delegation and U.S. State Department to urge Canada to put in place proper water quality, monitoring, and protections as these mines are developed and operated.

Heritage Harbor/Section 5035 WRDA 2007 Final Disposition: During the bid process for construction of Heritage Harbor, the estimates for the mooring basin dredging were determined to be roughly $3 million more than originally expected. The City and Borough sought to have these dredging expenses identified as part of the Federal portion of the project, with the corresponding local cost share. Congress included the following provision in the next WRDA roughly two years after the costs had been estimated and construction of the project had begun. The language also included eligibility for inner harbor facilities as part of the general navigation features of the project. The Corps requested, and the Borough provided cost information on the construction of the project. The final communication was a November 2, 2011 letter from the Borough that provided cost information and a total request for reimbursement of $13.7 million. February 2019 communication with the Corps of Engineers confirmed that the Alaska Region submits an annual list to Congress of those projects eligible for reimbursement. The Wrangell project is included on the annual list and awaits appropriation. The City & Borough of Wrangell respectfully asks the delegation to assist in securing appropriation of this authorized reimbursement which would enable continued investment in Wrangell harbors and the Wrangell Marine Yard further strengthening the local economy.

Army Corps of Engineers Section 107 Small Navigational Improvements – Shoemaker Bay Harbor: The City & Borough of Wrangell has begun work on the replacement of the inner-harbor infrastructure of Shoemaker Bay harbor. Wrangell has put together a funding package for the project that includes a $5 million State Harbor Matching Grant and Harbor Reserve funds. The Borough is prepared to pull from reserves, or bond finance up to $500,000 as the anticipated 50% local match for the Study Phase of improvements to the Shoemaker Bay Harbor breakwater. The breakwater length is insufficient, which significantly contributed to the premature breakdown of the Harbor’s interior float system. Wrangell has had communications with the Alaska Region of the Army Corps on early general investigations to dredge the harbor and expand the breakwater under the Section 107 Small Navigation Improvements program. As Wrangell moves forward first with the inner harbor improvements, we urge the Delegation to continue full support and funding of the Section 107 Program.

Sustainable Sea Otter Management & Utilization: The rapid growth of the Southern Sea Otter population over the last decade has been a scourge to near-shore fish and crab populations and the fisheries that depend on them. Local fishermen are seeing significant declines in crab, urchin and shellfish species, resulting in area closures by the Alaska Department of Fish & Game, and an estimated loss of $30 million in foregone catch over the last 20 years. The Borough favors re-introduction of legislation that would expand Native handicraft business development that has been impeded by restrictive USFWS rules on otter pelts and products production and sale. The Borough also supports use of waiver authority by USFWS to permit co-management of the species with the State and Alaska Native tribes. The Borough passed Resolution No. 01-18-1387 in January, 2018 supporting Sea Otter Management in Southeast Alaska.

Pink Salmon Disaster Assistance: The City & Borough of Wrangell is concerned over delays in Federal approval of the Governor’s disaster relief spend plan as a result of the 2016 pink salmon disaster. The plan was submitted to NOAA in the fall and yet still has not been approved and funding distributed. We encourage the Delegation to urge NOAA to complete its review and approve the State plan as expeditiously as possible.

Tongass Forest Management: The City and Borough of Wrangell supports changes to Tongass National Forest Land & Resource Management Plan to facilitate greater production of timber in Southeast Alaska. This position includes rejection of the 2016 Plan Amendment that shifted production toward young/second growth timber and a reversion back to the 2008 Plan Amendment. The City and Borough supports these changes being accomplished through either legislative means or Forest Service administrative actions. We further ask the delegation to fully support Alaska’s effort to develop its own Roadless Rule exemption plan – currently in progress.

Young Fishermen’s Development Act: The “graying” of Alaska’s commercial fishing fleet is a known issue potentially jeopardizing the future of this essential industry. Acquiring the diverse skill set associated with commercial fishing along with initial start-up investment can be prohibitive to overcome. Representative Young and Senator Sullivan have re-introduced bills to authorize $2 million in annual grants through NOAA’s Sea Grant Program to provide training support facilitating the entry of young fishermen into the industry. This training would include vessel operations, sustainable fishing practices, financial management, marketing, and understanding of Federal and State regulations. Eligible recipients to conduct the training would include sea grant, non-profits, tribal organizations, Federal/State agencies, fishermen’s coops/associations, and institutions of higher learning. The City & Borough of Wrangell passed Resolution No. 09-17-1379 in September, 2017 supporting this important program.

Federal Aquaculture Legislation: In the last Congress, bills were introduced in the House and Senate to advance the growth of aquaculture in the U.S. The major provisions of the bills (HR 6966 & S 3138 – The AQUAA Act) would establish procedures for the siting and permitting of offshore aquaculture facilities in Federal waters; seek to harmonize Federal regulation of aquaculture operations with other Federal agencies and the States; and establish a national research and development grant program to advance aquaculture technology. The City and Borough is supportive of efforts to promote aquaculture, particularly for mariculture species such as geoducks, shellfish, seaweed and kelp. Mariculture for these and similar species presents an excellent opportunity to diversify our maritime economy, create new jobs and businesses, and promote environmental sustainability and management. However, we believe that Federal aquaculture legal authority must provide an “opt out” for States whose aquaculture policies differ from the Federal government’s. In Alaska, the State prohibits finfish aquaculture and it is our view that any Federal legislation should not, either deliberately or inadvertently, override that prohibition. CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 15a

Executive Session: Discuss litigation tactics and strategies regarding Valvoda v. Jack et al, Case No. 1WR-19-0008CI with Borough Attorney

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total Lisa Von Bargen, Borough Manager & FY 19: $ FY 20: $ FY21: $ Kim Lane, Borough Clerk Amount Budgeted: FY19 $XXX Account Number(s): Reviews/Approvals/Recommendations XXXXX XXX XXXX Commission, Board or Committee Account Name(s): Name(s) Enter Text Here Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $XXX

ATTACHMENTS: 1. None.

RECOMMENDATION MOTION (Valvoda v. Jack et al, Case No. 1WR-19-0008CI) I move, pursuant to AS 44.62.310(c)(3), that we recess and move into executive session inviting the Borough Manager, Clerk and Attorney to discuss litigation tactics and strategies regarding the Valvoda case.

SUMMARY STATEMENT:

CITY & BOROUGH OF WRANGELL, ALASKA BOROUGH ASSEMBLY AGENDA STATEMENT

DATE: March 12, 2019 AGENDA ITEM TITLE: Agenda NO. 15a

Executive Session: Discuss with the Borough Attorney, the legal options for the Summons received by certain current and former Borough Assembly Members and certain current Borough Staff

FISCAL NOTE: SUBMITTED BY: Expenditure Required: $XXX Total Lisa Von Bargen, Borough Manager & FY 19: $ FY 20: $ FY21: $ Kim Lane, Borough Clerk Amount Budgeted: FY19 $XXX Account Number(s): Reviews/Approvals/Recommendations XXXXX XXX XXXX Commission, Board or Committee Account Name(s): Name(s) Enter Text Here Name(s) Unencumbered Balance(s) (prior to Attorney expenditure): Insurance $XXX

ATTACHMENTS: 1. None.

RECOMMENDATION MOTION: I move, pursuant to 44.62.310 (c) (1), that we recess into executive session and invite the Borough Manager, the Borough Clerk and the Borough Attorney into the session, to discuss matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the Borough, specifically to discuss the option for the Summons received by certain current and former Borough Assembly Members and certain current Borough Staff.

SUMMARY STATEMENT: