ASSEMBLY BOROUGH MAYOR Matt Cooper, Presiding Officer...

THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE DELETION OF ITEMS; OR EXECUTIVE SESSIONS, IF NEEDED.

ASSEMBLY BOROUGH MAYOR Matt Cooper, Presiding Officer Bryce J. Ward Christopher Quist, Deputy Presiding Officer Marna Sanford Frank Tomaszewski BOROUGH ATTORNEY Mindy O’Neall Jill S. Dolan Jimi Cash Liz Lyke Leah Berman Williams BOROUGH CLERK Aaron Lojewski April Trickey, CMC

FAIRBANKS NORTH STAR BOROUGH Regular Assembly Meeting

April 23, 2020 This meeting will be held by teleconference in the

Mona Lisa Drexler Assembly Chambers Juanita Helms Administration Center 907 Terminal Street, Fairbanks, AK

6:00 p.m.

1. CALL TO ORDER

2. NONSECTARIAN INVOCATION

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL

5. REQUEST FOR REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ANY OTHER PROCEDURAL MOTIONS.

6. CITIZENS’ COMMENTS – Each person’s comments limited to 3 minutes (Citizens’ Comments shall recess at 6:50 p.m. for public hearing)

a. A citizen may speak on agenda items not scheduled for public hearing(Memorandums, Bid Awards, Unfinished Business [items postponed fromprevious meetings, reconsideration, or notice of intent to rescind],Resolutions, or Ordinances being advanced to a public hearing on adifferent date). Citizens’ comments on Board of Adjustment matters arenot permitted.

b. Items that are not scheduled on the agenda.

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Fairbanks North Star Borough April 23, 2020 Regular Assembly Meeting


7. APPROVAL OF AGENDA AND CONSENT AGENDA

Approval of the consent agenda passes all routine items indicated by an asterisk (*) on the agenda. Consent agenda items are not considered separately unless an Assemblymember so requests. Note: If the consent item to be removed is an ordinance up to be introduced, advanced, or referred, it takes two Assemblymembers to remove the item from the consent agenda. In the event of such a request, the item is returned to the general agenda.

8. APPROVAL OF MINUTES

*a. Special Assembly Meeting minutes of March 26, 2020. (Page 5) *b. Regular Assembly Meeting minutes of March 26, 2020. (Page 8)

9. COMMUNICATIONS TO THE ASSEMBLY

a. Memorandum from Dan Britton, General Manager, Interior Gas Utility (IGU), requesting approval of IGU’s amended bylaws. (0)

10. MESSAGES FROM THE BOROUGH MAYOR

Brief update on COVID-19 outbreak by Mayor Ward and/or a representative from the Unified Command.

11. REPORTS OF STANDING AND SPECIAL COMMITTEES 12. REPORTS FROM REPRESENTATIVES

a. Report from the City of Fairbanks Representative. b. Report from the City of North Pole Representative. c. Report from the School Board Representative.

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13. SPECIAL ORDERS – Public Hearing at or after 7:00 p.m. (each person’s comments limited to 3 minutes)

a. ORDINANCE NO. 2020-15. An Ordinance Amending FNSBC 3.16.030

Conduct Of Debate And Discussion To Allow The FNSB Assembly To Postpone To A Certain Time Other Than The Date Of The Next Regular Assembly Meeting. (Sponsor: Assemblymember Cooper) (7)

b. ORDINANCE NO. 2019-20-1Y. An Ordinance Amending The FY 2019-20

Budget By Appropriating $54,100 From The Solid Waste Collection District Fund Fund Balance For A Code Enforcement Program With Two Code Enforcement Officers And A Manager Position For The Remainder Of FY 2019-20; Authorizing 3.0 Full Time Equivalent, Permanent Employee Positions; And Amending FNSBC Title 1 Regarding Code Enforcement Officer Designations, To Include The Designation Of Solid Waste Collection District Code Enforcement Officers. (Sponsor: Mayor Ward) (Page 39)

14. CONSIDERATION OF CALENDAR – Unfinished Business

NONE 15. CITIZENS’ COMMENTS – Each person’s comments limited to 3 minutes

(continuation if needed) a. Items that are not scheduled for public hearing – continuation.

16. CONSIDERATION OF CALENDAR – New Business – Resolutions

NONE 17. CONSIDERATION OF CALENDAR – New Business – Ordinances To Be

Referred To Committees Or Commissions

NONE

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http://www.fnsb.us/assembly/OrdinanceResolutions/2020-15.pdf

http://www.fnsb.us/assembly/OrdinanceResolutions/2019-20-1Y.pdf



18. CONSIDERATION OF CALENDAR – New Business – Ordinances To Be Introduced And Advanced To Public Hearing *a. ORDINANCE NO. 2020-16. An Ordinance Amending Chapter 2.16 FNSBC

To Add A New Section FNSBC 2.16.150, Public Meetings During An Imminent Or Declared Disaster. (Sponsor: Assemblymember Cooper) (Refer to the Special Committee of the Whole on April 30, 2020; Advance to May 7, 2020 for Public Hearing) (6)

*b. ORDINANCE NO. 2020-17. An Ordinance Authorizing The Direct Sale Of Lot 1 Arctic Winter Adventures Subdivision, According To The Plat Filed March 26, 2019 As Plat No. 2019-35, Within Section 14, Township 2 North, Range 1 West, F.M., Records Of The Fairbanks Recording District, Fourth Judicial District, State Of Alaska, To The Lessee Sven’s Alaska LLC (Old Murphy Dome/Elliot Hwy). (Sponsor: Mayor Ward) (Refer to the Committee of the Whole on June 4, 2020; Advance to June 11, 2020 for Public Hearing) (Page 49)

19. CITIZENS’ COMMENTS – Each person’s comments limited to 3 minutes

(continuation if needed) b. Items that are not scheduled on the agenda.

20. ASSEMBLYMEMBER’S COMMENTS 21. ADJOURNMENT

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FAIRBANKS NORTH STAR BOROUGH Special Assembly Meeting

March 26, 2020 5:30 PM

A Special meeting of the Fairbanks North Star Borough Assembly was held

Thursday, March 26, 2020 in the Mona Lisa Drexler Assembly Chambers of the Juanita Helms Administration Center, 907 Terminal Street, Fairbanks, Alaska. There were present and appearing telephonically:

Matt Cooper, Presiding Officer and Mindy O’Neall Liz Lyke Marna Sanford Jimi Cash Christopher Quist Leah Berman Williams Frank Tomaszewski (Ar. 5:34 p.m.) Aaron Lojewski

Comprising a quorum of the Assembly, and Bryce J. Ward, Borough Mayor Jim Williams, Chief of Staff Jill S. Dolan, Borough Attorney David Gibbs, Emergency Operations Director (Ar. 5:40 p.m.) April Trickey, Borough Clerk Jessica Mower, Administrative Assistant III

ABSENT & EXCUSED None

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FAIRBANKS NORTH STAR BOROUGH March 26, 2020 Special Assembly Meeting Minutes Page 2

CITIZEN’S COMMENTS Track 1, 02:03 a. Comments limited to items on the agenda only. Each person’s comments limited

to 3 minutes. NONE

APPROVAL OF AGENDA Track 1, 02:39

Discussion ensued. VOTE ON MOTION TO APPROVE THE AGENDA AS READ. Yeses: Noes: MOTION CARRIED

Lyke, Cash, O’Neall, Williams, Lojewski, Sanford, Quist, Cooper None 8 Yeses, 0 Noes

CONSIDERATION OF CALENDAR – New Business – Resolutions Track 1, 04:32 a. RESOLUTION NO. 2020-18. A Resolution Ratifying Mayor Bryce Ward’s Declaration

Of A Disaster Emergency Within The Fairbanks North Star Borough Due To The COVID-19 Pandemic And Requesting State And Federal Assistance. (Sponsor: Mayor Ward) Jim Williams, Chief of Staff and Mayor Ward gave a staff report.

QUIST, Seconded by WILLIAMS

moved to approve the agenda.

LOJEWSKI, Seconded by WILLIAMS

moved to adopt Resolution No. 2020-18.

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FAIRBANKS NORTH STAR BOROUGH March 26, 2020 Special Assembly Meeting Minutes Page 3

CONSIDERATION OF CALENDAR – New Business – Resolutions- continued

Discussion ensued. VOTE ON MOTION TO ADOPT RESOLUTION NO. 2020-18. Yeses: Noes: MOTION CARRIED

Williams, Tomaszewski, Lojewski, Cash, Sanford, O’Neall, Lyke, Quist, Cooper None 9 Yeses, 0 Noes

ADJOURNMENT There being no further business to come before the Fairbanks North Star Borough Assembly, the meeting was adjourned at 5:42 p.m. ____________________________ Matt Cooper Presiding Officer ATTEST: ___________________________ April Trickey, CMC Borough Clerk APPROVED:

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FAIRBANKS NORTH STAR BOROUGH Regular Assembly Meeting

March 26, 2020 6:00 p.m.

A Regular meeting of the Fairbanks North Star Borough Assembly was held

Thursday, March 26, 2020, in the Mona Lisa Drexler Assembly Chambers of the Juanita Helms Administration Center, 907 Terminal Street, Fairbanks, Alaska. There were present and appearing telephonically:

Matt Cooper, Presiding Officer and Marna Sanford Frank Tomaszewski Mindy O’Neall Christopher Quist Jimi Cash Liz Lyke Leah Berman Williams Aaron Lojewski

Comprising a quorum of the Assembly, and Bryce J. Ward, Borough Mayor Jim Williams, Chief of Staff Jill S. Dolan, Borough Attorney David Gibbs, Emergency Operations Director Michael Bork, Parks and Recreation Director Mayor Welch, North Pole Representative Wendy Dominique, School Board Representative Peggy Macdonald, Treasury/Budget Manager April Trickey, CMC, Borough Clerk Jessica Mower, Administrative Assistant III

Absent & Excused None

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FAIRBANKS NORTH STAR BOROUGH March 26, 2020 DRAFT Regular Assembly Meeting Minutes Page 2

NONSECTARIAN INVOCATION AND PLEDGE OF ALLEGIANCE Track 1, 00:27 PRESENTATIONS NONE REQUEST FOR REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ANY OTHER PROCEDURAL MOTIONS Track 1, 07:16 NONE CITIZEN’S COMMENTS Track 1, 07:48 a. A citizen may speak on agenda items not scheduled for public hearing.

Memorandums, Bid Awards, Unfinished Business (items postponed from previous meetings, reconsideration, or notice of intent to rescind), Resolutions, or Ordinances being advanced to a public hearing on a different date.

NONE b. Items other than those appearing on the agenda (this is the section to speak on

anything Not Scheduled on the agenda). Mark Acord, resident of the borough, spoke regarding zoning issues he is having with his basement/crawl space and spoke in support of Ordinance No. 2020-10. Brian Corty, resident of Delta Junction, suggested postponing the borough’s tax foreclosure process due to the COVID-19 virus. Mr. Corty offered to help the borough procure COVID-19 test kits. APPROVAL OF AGENDA AND CONSENT AGENDA Track 1, 29:47 WILLIAMS, Seconded by LOJEWSKI

moved to approve the agenda and consent agenda, as read.

Yeses: Noes: MOTION CARRIES

Sanford, Tomaszewski, Lojewski, Cash, Lyke, O’Neall, Williams, Quist, Cooper None

9 Yeses, 0 Noes

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APPROVAL OF MINUTES Track 1, 29:47 a. Regular Assembly Meeting minutes of March 12, 2020.

Without objection this measure was read by title and approved under the consent agenda. COMMUNICATIONS TO THE ASSEMBLY Track 1, 29:47 a. Contract Award: NASPO Valuepoint Contract #MA2684

Carpet Replacement at Juanita Helms Administration Center

Approval of NASPO Valuepoint Contract #MA2684, carpet replacement at Juanita Helms Administration Center, with Shaw Integrated Solutions in the amount of $164,541.06.

Without objection this measure was read by title and approved under the consent agenda. MESSAGES FROM THE BOROUGH MAYOR Track 1, 34:02 Mayor Ward commented on:

• Written report from the Mayor’s office was provided. • The FNSB Library team has made most programs available online. • Unified Command is providing support through the Emergency Operations Center. • Citizens can share encouraging stories with North Star Stories on fnsb.us. • Animal Shelter adoption fees have been lowered temporarily.

MESSAGES FROM DAVID GIBBS, EMERGENCY OPERATIONS DIRECTOR Track 2, 01:26 David Gibbs, Emergency Operations Director, reported on the Unified Command:

• Unified Command operations plan to stand up the Carlson Center as an alternate care site should Fairbanks Memorial Hospital reach capacity.

• Developing new volunteer management pool and donations tools. • Discussions being held regarding bringing in outside support to help manage the

event.

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• Agency representatives from Fairbanks and North Pole are meeting with Unified Command to exchange ideas and information.

REPORTS OF SPECIAL AND STANDING COMMITTEES Track 1,48:30 Assemblymember Cash reported Explore Fairbanks met via teleconference and discussed the current COVID-19 pandemic. Tourism numbers are dropping steadily, and several events have been cancelled. Assemblymember Williams reported the Joint Climate Change Task Force is on pause for the time being. Assemblymember O’Neall reported FEDCo met with the Interior Delegation to discuss the budget and government economic stimulus packages available. Assemblymember Lyke reported the March 25 Regional Emergency Services Advisory Committee (RESAC) meeting was postponed due to COVID-19 concerns. The next RESAC meeting is scheduled for May 27, 2020. REPORTS FROM REPRESENTATIVES Track 2, 18:54 a. Report from the City of Fairbanks Representative.

NONE b. Report from the City of North Pole Representative.

Mayor Welch reported on:

• City of North Pole is part of the Unified Command. • City Hall is closed to the public due to COVID-19 concerns, though services

are still ongoing.

c. Report from the School Board Representative. School Board President Wendy Dominique reported on:

• The Administration is working to establish processes and guidelines to provide remote instruction to students through May 1, 2020 per the Governor’s mandate. Online and offline instruction opportunities are available.

• The Alaska School Activities Association (ASAA) cancelled all remaining spring activities. A complete list of cancellations can be found at asaa.org.

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REPORTS FROM REPRESENTATIVES - continued

• The District’s FY20/21 budget was approved at the last meeting and will be presented to the FNSB at the April 18 Finance Committee meeting. Information on the budget and public comment options are available on k12.northstar.org.

• The next meeting is March 30 at 6:00 p.m. to discuss legislative updates and school closures.

• Dr. Gaborik will hold a Facebook Live Event on March 31 at 12:00 p.m. to discuss school closures and remote learning opportunities.

• School facilities are closed to non-essential personnel at this time.

SPECIAL ORDERS – PUBLIC HEARING Track 2, 37:08 a. RESOLUTION NO. 2020-12. A Resolution Adopting The FY 2021 Capital

Improvement Program. (Sponsor: Assembly Finance Committee)

Finance Chair Assemblymember Williams and Mayor Ward gave a staff report.

The Presiding Officer called for public testimony. Daniel Simmons, resident of the borough, spoke in support of Resolution No. 2020-12.

The Presiding Officer called for further public testimony, there being none public hearing was closed.

Discussion ensued.

LYKE, Seconded by LOJEWSKI

moved to refer Resolution No. 2020-12 to the June 4, 2020 Finance Committee; advance to June 25, 2020 for Public Hearing.

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SPECIAL ORDERS – PUBLIC HEARING - continued VOTE ON MOTION TO REFER RESOLUTION NO. 2020-12 TO THE JUNE 4, 2020 FINANCE COMMITTEE; ADVANCE TO JUNE 25, 2020 FOR PUBLIC HEARING. Yeses: Noes: MOTION CARRIED

Cash, Lyke, Lojewski, Williams, Tomaszewski, Sanford, O’Neall, Quist, Cooper None 9 Yeses, 0 Noes

b. ORDINANCE NO. 2020-11. An Ordinance Amending Chapter 8.44 FNSBC

Regarding Tobacco Distribution Excise Tax, Including Adding Electronic Smoking Products. (Sponsors: Assemblymembers Tomaszewski and Cooper) Track 3, 47:39

Assemblymember Tomaszewski gave a staff report.

The Presiding Officer called for public testimony.

Alex McDonald, resident of the borough, spoke against Ordinance No. 2020-11. Timothy Lamkin, resident of the borough, spoke in support of Ordinance No. 2020-11.

The Presiding Officer called for further public testimony, there being none public hearing was closed. Clerk’s Note: The Presiding Officer delayed further action on Ordinance No. 2020-11 until

May 2020 due to the COVID-19 outbreak and Governor’s mandates. Another public hearing date will be scheduled for May. There were no objections to Presiding Officer Cooper’s ruling.

WITHOUT OBJECTION, SO ORDERED. c. ORDINANCE NO. 2019-20-1T. An Ordinance Amending The FY 2019-20 Budget By

Appropriating $100,000 From The Carlson Center Enterprise Operating Fund Net Position To The Carlson Center Enterprise Projects Fund For A Feasibility Study Of Management Options For The Carlson Center. (Sponsor: Mayor Ward) Track 4, 01:05

Mike Bork, Parks and Recreation Director, gave a staff report.

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SPECIAL ORDERS – PUBLIC HEARING - continued

The Presiding Officer called for public testimony, there being none public hearing was closed.

Discussion ensued. VOTE ON MOTION TO ADOPT ORDINANCE NO. 2019-20-1T. Yeses: Noes: MOTION CARRIED

O’Neall, Williams, Lyke, Cash, Quist, Cooper Lojewski, Tomaszewski, Sanford 6 Yeses, 3 Noes

d. ORDINANCE NO. 2019-20-1U. An Ordinance Amending The FY 2019-20 Budget By

Appropriating $500,000 From The 911 Fund Fund Balance To The Special Revenue Fund And/Or Capital Projects Fund For The Purchase Of A Replacement 911 System And Approving An Intergovernmental Agreement With The State Of Alaska. (Sponsor: Mayor Ward) Track 4, 42:22

David Gibbs, Emergency Operations Director, gave a staff report.


Discussion ensued. VOTE ON MOTION TO ADOPT ORDINANCE NO. 2019-20-1U. Yeses: Noes: MOTION CARIED

Tomaszewski, O’Neall, Cash, Sanford, Lyke, Williams, Lojewski, Quist, Cooper None 9 Yeses, 0 Noes

WILLIAMS, Seconded by CASH

moved to adopt Ordinance No. 2019-20-1T.

WILLIAMS, Seconded by CASH

moved to adopt Ordinance No. 2019-20-1U.

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SPECIAL ORDERS – PUBLIC HEARING - continued e. ORDINANCE NO. 2019-20-1V. An Ordinance Amending The FY 2019-20 Budget By

Appropriating $4,774,929 In Federal Pass-Through Grant Funding To The Transit Enterprise Projects Fund For The Voluntary Conversion Or Removal (Wood Stove Change-Out) Program And For The Marketing And Outreach Program. (Sponsor: Mayor Ward) Track 5, 00:01

Nick Czarnecki, Air Quality Manager, gave a staff report.


Discussion ensued.

VOTE ON MOTION TO ADOPT ORDINANCE NO. 2019-20-1V. Yeses: Noes: MOTION CARRIED

Sanford, Lojewski, Williams, Tomaszewski, O’Neall, Lyke, Cash, Quist, Cooper None 9 Yeses, 0 Noes

f. ORDINANCE NO. 2019-20-1W. An Ordinance Amending The FY 2019-20 Budget

By Appropriating $150,000 From The General Fund Fund Balance To The Multi-Year General Subfund For The Pioneer Park Master And Management Plan. (Sponsor: Mayor Ward) Track 5, 09:12

Donn Hayes, Pioneer Park Manager, gave a staff report.



moved to adopt Ordinance No. 2019-20-1V.


moved to adopt Ordinance No. 2019-20-1W.

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SPECIAL ORDERS – PUBLIC HEARING - continued Discussion ensued. VOTE ON MOTION TO ADOPT ORDINANCE NO. 2019-20-1W. Yeses: Noes: MOTION CARRIED

O’Neall, Sanford, Lyke, Tomaszewski, Williams, Cash, Quist, Cooper Lojewski 8 Yeses, 1 Noes

CONSIDERATION OF CALENDAR – Unfinished Business NONE CITIZEN’S COMMENTS – Limited To 3 Minutes (Continuation if needed) a. items that are not scheduled for public hearing – continuation. NONE CONSIDERATION OF CALENDAR – New Business – Resolutions NONE CONSIDERATION OF CALENDAR – New Business – Ordinances To Be Referred To Committees Or Commissions Track 1, 29:47 a. ORDINANCE NO. 2020-13. An Ordinance Rezoning Approximately 166 Acres From

General Use 1 (GU-1) To Outdoor Recreational (OR) Or Other Appropriate Zone; For Those Portions Of The SE1/4 And N1/2 SW1/4 Section 16, T.1S., R.2E., F.M. Lying East Of The Trans-Alaska Oil Pipeline Corridor.

(Sponsor: Assemblymember Sanford)

Without objection the measure was read by title, introduced and referred under the consent agenda to the Planning Commission with recommendation due back no later than June 12, 2020.

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CONSIDERATION OF CALENDAR – New Business – Ordinances To Be Referred To Committees Or Commissions - continued b. ORDINANCE NO. 2020-14. An Ordinance Amending FNSBC 18.96.020 Regarding

Buildings Per Lot. (Sponsors: Assemblymembers Williams and Sanford)

Without objection the measure was read by title, introduced and referred under the consent agenda to the Planning Commission with recommendation due back no later than June 12, 2020. CONSIDERATION OF CALENDAR – New Business – Ordinances To Be Introduced And Advanced To Public Hearing Track 1, 29:47 a. ORDINANCE NO. 2019-20-1X. An Ordinance Amending The FY 2019-20 Budget By

Appropriating $451,505 In Federal Pass-Through Grant Funding To The Special Revenue Fund To Offset The Cost Of The First Three Years Of Operations And Maintenance Of Motor Vehicle Plug-Ins Installed At The Carlson Center And The Big Dipper. (Sponsor: Mayor Ward)

Without objection the measure was read by title, introduced and referred under the consent agenda to the Finance Committee on April 2, 2020; Advanced to April 9, 2020 Public Hearing.

CITIZEN’S COMMENTS – Limited To 3 Minutes (Continuation if needed) b. Items other than those appearing on the agenda (this is the section to speak on

anything Not Scheduled on the agenda). NONE ASSEMBLYMEMBER’S COMMENTS Track 5, 19:17 Assemblymember Cash thanked everyone for staying positive and working through this trying time. Mr. Cash suggested sharing acts of kindness on North Star Stories at fnsb.us. Assemblymember Quist thanked those participating telephonically and staying involved in the process of moving forward. Mr. Quist thanked those on the front lines for their efforts during the current health emergency. Assemblymember Williams expressed her gratitude to the educators in town who are implementing new programs and processes to keep children learning. Ms. Williams also thanked grocery store workers for keeping the store shelves stocked.

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ASSEMBLYMEMBER’S COMMENTS - continued Assemblymember Tomaszewski thanked the assembly for participating tonight. Mr. Tomaszewski thanked the public for doing all they can and reminded constituents to check in with those who might be in need. Assemblymember Sanford encouraged shelter in place orders and suggested we should all be doing everything in our power to flatten the curve of the COVID-19 virus. Assemblymember O’Neall thanked the administration for their updates keeping the assembly informed as things are changing rapidly. Ms. O’Neall thanked the public for their patience during this trying time and the front-line employees who are keeping the community moving forward. Assemblymember Lyke encouraged social distancing and acts of kindness. Mayor Ward reported stories of kindness and compassion are being shared on North Star Stories at fnsb.us. Assemblymember Cooper thanked the assembly and the Clerk’s office for finding ways to continue to hold public meetings. Mr. Cooper thanked community members who are stepping up and are helping in whatever way they can during this trying time and suggested we all be excellent to each other. Assembly Schedule for Week of March 30, 2020:

• Monday, March 30, The Juanita Helms Administration Center will be closed in observance of Seward’s Day.

• Thursday, April 2, Finance Committee at 5:30 p.m. in the Mona Lisa Drexler Assembly Chambers followed by a Special Assembly Meeting at 6:30 p.m.

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ADJOURNMENT There being no further business to come before the Fairbanks North Star Borough Assembly, the meeting was adjourned at 10:05 p.m. ____________________________ Matt Cooper Presiding Officer ATTEST: ________________________________ April Trickey, CMC Borough Clerk

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-MEMO To: FNSB Assembly

Mayor Bryce Ward

From: Dan Britton General Manager

Date: March 17, 2020

Re: Transmittal of Board Approved Amended Bylaws

IGU INTERIOR GAS UTILITY

The current Bylaws of the Interior Alaska Natural Gas Utility {IGU) were approved

by the FNSB Assembly on June 13, 2019 .

On March 3, 2020, the IGU Board of Director's approved an amended version of

the current Bylaws by a unanimous vote. They are respectfully submitted for

consideration and approval by the Assembly.

A Member of the IGU Board of Director's is available to answer questions at your

request.

Thank you for the consideration of approval of these Bylaws as submitted through

the Mayor's Office.

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!GU Bylaws Summary of Changes

IGU INTERIOR GAS UTILITY

The following summarizes the proposed amendments to the Bylaws as passed by the IGU Board of Directors on March 3, 2020.

Change 1:

IGU proposed an amendment to Article IL number 6 of the Bylaws as shown below.

Article II - Definitions/ Abbreviations

6) Operations: An active process; a discharge of a function. Operations for IGU will be contracted, as req1:1ired, v,rith q1:1alified pri'rate sector entities. IGU 'Nill limit involvement of operational aspects 1:1nless that service is not available frorn the private sector.

It was passed by the IGU Board of Directors on March 3, 2020 and now reads:


6) Operations: An active process; a discharge of a function.

Change 2:

IGU proposed an addition to Article IL adding number 7 to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:


7) Oath of Office: I do solemnly affirm that I will support and defend the Constitution of the United States, the Constitution of the State of Alaska, and the laws of the Fairbanks North Star Borough, and that I will honestly, faithfully, and impartially perform my duties as a member of the Interior Alaska Natural Gas Utility Board to the best of my ability.

This changed the original number 7 in Article II of the Bylaws to number 8 as shown below:

1j8) Partner: A person or entity who shares activity. Includes all forms of public-private, public- public, and joint venture agreements that further the purpose of the Utility.


Sj9) Provide: To make available. Includes, but is not limited to, direct provision of operations or product-based commodities

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Change 4:

IGU proposed an addition to Article II, adding number 10 to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:


10) Quorum of Board of Directors: The presence of four Directors is required to establish a quorum . Regardless of any other provision of the Bylaws a quorum is required for the Board to take official action .


9t 12) Utility: Refers to IGU.

Change 5:

IGU proposed an addition to Article II, adding number 11 to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

11) Quorum for Committee Meetings: The presence of 51 % or more of committee members constitutes a quorum of the committee. The act of a majority of all committee members present at a meeting at which a quorum exists constitutes a valid act of the committee.

Change 6:

IGU proposed an addition to Article III, Section 1, adding number 2 to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

2) Regular Terms oflGU Directors: After the expiration of their initial terms all Directors shall thereafter serve a term of three years.

This changed the original number 2 in Article III, Section 1 of the Bylaws to number 3 as shown below:

~3) Vacancy:

Change 7:

IGU proposed a change to Article III, Section 1, number 3, part iv) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

-i-¥j Has more than 35% unexcused absences from regular Board meetings, as determined quarterly (does not apply to emergency board, special board, 1Norksessions and committee meetings).

This eliminated the original part iv) in Article III, Section 1, number 3 of the Bylaws and was added to the first sentence in b). The word worksessions was changed to work sessions as shown below:

b) Has more than 35% unexcused absences from regular Board meetings, as determined quarterly ( does

22

not apply to emergency board, special board, work sessions and committee meetings). If a city appointed seat becomes vacant then a new member will be selected by the associated city mayor and confirmed by the city ' s governing body. All other vacant seats are appointed by the FNSB mayor and confirmed by the assembly.

Change 8:

IGU proposed a change to Article III, Section 1, 3), d) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

d) If less than 30 days remain in a term, the vacant seat shall not be filled.

This changed Article III, Section 1, 3), d) of the Bylaws as shown below:

d) If less than 30 days remain in an appointment term or elected positions where there are less than 30 days prior to the vacant seat's election filing deadline, the vacant seat shall not be filled .

Change 9:

IGU proposed a change to Article III, Section 2, 1), a) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

a) The Chair shall be elected annually by the majority of the Directors. January of each year shall be the election cycle.

This changed Article III, Section 2, 1), a) of the Bylaws as shown below:

a) The Chair shall be elected annually by the majority of the Directors present. The first regular board meeting in January of each year shall be the election cycle.

Change 10:

IGU proposed a change to Article III, Section 3, 1) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

1) To the fullest extent permitted by law, IGU shall indemnify a Director against any claim, demand, suit, or judgment arising from an act taken in good faith and within the scope of the Director' s duties.

This changed Article III, Section 3, 1), of the Bylaws as shown below:

1) To the fullest extent permitted by law, IGU shall indemnify a Director against any claim, demand, suit, or judgment arising from an act taken in good faith, within the scope of the Director' s duties and permitted under AS 10.06.490, as may be amended by the legislature from time to time.

Change 11:

IGU proposed a change to Article III, Section 3, 2), a) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

a) A Director requests and a majority of the remaining Board of Directors concurs, or

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This changed Article IIL Section 3, 2), a) of the Bylaws as shown below:

a) A Director requests and a majority of the membership of the remaining Board of Directors concurs, or

Change 12:

IGU proposed a change to Article IIL Section 3, 2), b) to the Bylaws. It was passed by the JGU Board of Directors on March 3, 2020:

b) The Chair or IGU's attorney determines that there may be a conflict of interest between IGU and the Director, or

This changed Article IIL Section 3, 2), b) of the Bylaws as shown below:

b) The Chair or IGU's attorney determines that there may be a conflict of interest between IGU and the Director.

Change 13:

JGU proposed to remove Article IIL Section 3, 2), c) to the Bylaws. It was passed by the JGU Board of Directors on March 3, 2020:

c) The liability ofthe Director inYoiYes claims or defenses not reasonably related to the claims or defenses of the Utility.

Change 14:

JGU proposed to change Article IIL Section 4, 1) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

1) A Director who violates the Board's ethical standards may be subject to one or more Board imposed sanctions including public censure or removal from office.

This changed Article IIL Section 4, 1) of the Bylaws as shown below:

1) A Director who violates the Board's ethical standards may be subject to one or more Board imposed sanctions including, but not limited to, public censure.

Change 15:

IGU proposed to change Article IIL Section 4, 2) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

2) Prior to imposition of sanctions, the Director may present a defense to the Board.

This changed Article IIL Section 4, 2) of the Bylaws as shown below:

2) Prior to imposition of sanctions, the Director shall be entitled to present a defense to the Board.

24

Change 16:

IGU proposed to change Article III, Section 4, 3) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

3) Removal may only be imposed if the violation occurred in the Director's present term and shall require a 2/3-majority vote of seated Directors eligible to vote.

This changed Article III, Section 4, 3) of the Bylaws as shown below:

3) A director may be removed as provided for by AS 29.26.240-350 and AS 29.20.170, as may be amended by the legislature from time to time.

Change 17:

IGU proposed an addition to Article III, Section 4, adding 4) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

4) Any action to sanction a board member shall require a 2/3 majority vote of seated Directors eligible to vote.

Change 18:

IGU proposed a change to Article V of the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

The Board may establish standing and temporary committees to advise the Directors. Each committee shall be chaired by a member of the Board of Directors, and include at least one other member of the Board. Committees may include non-Directors. All appointments shall be made by the Chair, subject to confirmation by the Board of Directors. These Committees will report and may develop work products during the Committee of the Whole Meetings.

This changed Article Vofthe Bylaws as shown below:

The Board may establish standing and temporary committees to advise the Directors. Each committee shall be chaired by a member of the Board of Directors, and include at least one other member of the Board. Committees may include non-Directors. All appointments shall be made by the Chair, subject to confirmation by a majority of the Board of Directors present. These Committees will report and may develop work products during the Committee of the Whole Meetings.

Change 19:

IGU proposed an addition to Article VII, Section 5, adding 8) to the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

8) Unless otherwise specifically stated in the Bylaws, any matter coming before the Board of Directors shall only be approved if a majority of the Directors present vote in favor of approval.

25

Change 20:

IGU proposed a change to Article IX of the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

These By-Laws may be amended by the Board by a vote of a simple majority subject to the approval of the FNSB Assembly.

This changed Article IX of the Bylaws as shown below:

These By-Laws may be amended by the Board by a vote of a simple majority of the membership of the Board of Directors subject to the approval of the FNSB Assembly.

Change 21:

IGU proposed a change to Article X, Section 2 of the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

Section 2: Fiscal Policies The Board shall adopt by resolution fiscal policies that govern the financial activities of the organization. This shall include, but not be limited to: contract authorizations, signatory authority, procurement, investment, and debt.

This changed Article X, Section 2 of the Bylaws as shown below:

Section 2: Fiscal Policies

The Board shall adopt by resolution, approved by a majority of the membership of the Board of Directors, fiscal policies that govern the financial activities of the organization. This shall include, but not be limited to: budgets, contract authorizations, signatory authority, procurement, investment, and debt.

Change 22:

IGU proposed a change to Article XI, 1), b) of the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

b) Whether sufficient progress has been made toward accomplishment of the organization's existence to continue efforts for another three year period;

This changed Article XI, 1), b) of the Bylaws as shown below:

b) Whether sufficient progress has been made toward accomplishment of the organization ' s existence to continue efforts for another ten year period;

26

Change 23:

IGU proposed a change to Article XI, 3) of the Bylaws. It was passed by the IGU Board of Directors on March 3, 2020:

3) Such an evaluation shall be undertaken by the Board every three years.

This changed Article XI, 3) of the Bylaws as shown below:

3) Such an evaluation shall be undertaken by the Board every ten years. and approved by a majority of the membership of the Board of Directors.

27

Interior Alaska Natural Gas Utility Bylaws

Table of Contents Article I - Name and Purpose .................................................................................. 1 Article II - Definitions/ Abbreviations ........................................................................ 1 Article Ill - Board of Directors ................................................................................... 2

Section 1: Appointment and Elections .............................................................. 2 Section 2: Officers ............................................................................................. 3 Section 3: Indemnity ......................................................................................... 3 Section 4: Sanction of Directors ........................................................................ 4 Section 5: Resignation of a Director .................................................................. 4 Section 6: Compensation .................................................................................. 4

Article IV - General Manager ................................................................................... 4 Article V - Committees ............................................................................................. 5 Article VI – Public Relations .................................................................................... 5 Article VII - Meetings ............................................................................................... 5

Section 1: Regular Board Meetings .................................................................. 5 Section 2: Emergency Board Meetings ............................................................. 5 Section 3: Special Board Meetings ................................................................... 5 Section 4: Committee Meetings ........................................................................ 5 Section 5: Rules Governing Meetings ............................................................... 6

Article VIII - Ethical Standards ................................................................................. 6 Section 1: Conflict of Interest ............................................................................ 6 Section 2: Use of Public Funds in Elections ...................................................... 6

Article IX - Amendments .......................................................................................... 6 Article X - Financial Transactions ............................................................................ 7

Section 1: Independent Auditors ....................................................................... 7 Section 2: Fiscal Policies .................................................................................. 7

Article XI - Sunset Review ....................................................................................... 7

28

Article I - Name and Purpose

Interior Alaska Natural Gas Utility, referred to as the Interior Gas Utility (IGU), was established by the Fairbanks North Star Borough (FNSB) on 15 Nov 2012 with the purpose of bringing natural and/or manufactured gas to the largest number of people in the FNSB, at the lowest possible sustainable cost, in the shortest amount of time (See FNSB Ordinance 2012-48 FNSBC 11.01.010 - 11.01.030).

IGU is a public corporation and an instrumentality of the FNSB, wholly owned by the FNSB but has legal existence independent of and separate from the borough.

IGU will function first as a facilitator, second as an implementing corporation that contracts, partners or joint ventures with private companies, and third as a provider/competitor if services are not currently being provided or if the private entity is unwilling to provide them or cannot do so in a cost effective, timely manner.


1) Assembly: Refers to the FNSB Assembly.

2) Board or Board of Directors: Refers to the IGU Board.

3) Facilitate: Make (an action or process) easy or easier. Facilitation for IGU willcontain a wide range of tools to make the utility's goals easier to achieve, suchas, but not limited to:

a) Develop relationships to advance the long term, cost effective supply of gasto the FNSB.

b) Provide a community voice that keeps the community's best interest in mindtoward achieving IGU's purpose.

c) Provide services or products which are not available to the private sectorthat enhance the overall results, such as transparency, tax-exemptfinancing, reduced taxes, access to governmental programs, evaluation ofservices for contract compliance to meet IGU goals and acceptance ofgrants without triggering a taxable event.

4) FNSB: Fairbanks North Star Borough

5) IGU: Interior Gas Utility

6) Operations: An active process; a discharge of a function. Operations for IGU1.vill be contracted, as required, with qualified private sector entities. IGU 'Nilllimit involvement of operational aspects unless that service is not available fromthe private sector.

7) Oath of Office: I do solemnly affirm that I will support and defend the Constitutionof the United States, the Constitution of the State of Alaska, and the laws of the Fairbanks North Star Borough, and that I will honestly, faithfully, and impartially

Page 2 of 9 29

perform my duties as a member of the Interior Alaska Natural Gas Utility Board to the best of my ability.

+)fil_Partner: A person or entity who shares activity. Includes all forms of public

private, public- public, and joint venture agreements that further the purpose of the Utility.

fil__Provide: To make available. Includes, but is not limited to, direct provision of operations or product:-based commodities.

10)Quorum of Board of Directors: The presence of four of a majority of themembership of the Board of Directors is required to establish a quorum. Regardless of any other provision of the Bylaws Aa quorum is required for the Board to take official actions of the Board.

8j11) Quorum for Committee Meetings: The presence of 51% or more of committee members constitutes a quorum of the committee. The act of a majority of all committee members present at a meeting at which a quorum exists constitutes a valid act of the committee

Qf.12.)_Utility: Refers to IGU.

Article Ill - Board of Directors

The Board shall have the power to make and adopt resolutions, policies and procedures it may deem advisable for the management of the business and affairs of the Utility except those inconsistent with the enabling ordinance, these Bylaws or other applicable law.

Section 1: Appointment and Elections 1) Initial Terms of IGU Directors: Three seats are appointed (one each by the

FNSB, City of North Pole and City of Fairbanks). Prior to the end of the initialterms, listed below, elections will be held to fill seats, A, 8, C, and D.

FNSB seat appointed - 31 Dec 2016

North Pole seat appointed - 31 Dec 2016

Fairbanks seat appointed - 31 Dec 2016

At large seat A- 31 Dec 2015

At large seat B - 31 Dec 2015

At large seatC - 31 Dec 2014

At large seat D - 31 Dec 2014

2) Regular Terms of IGU Directors: After the expiration of their initial terms all DirectorsPage 3 of 9 30

shall thereafter serve a term of three years.

3) Vacancy:

a) The Board may declare a Board seat vacant when the Director:

i) Resigns and the Board accepts the resignation;

ii) Is convicted of a felony or an offense involving violation of the oath ofoffice;

iii) No longer physically resides in the FNSB; or

tvt-Has more than 35% unexcused absences from regular Board meetings, as determined quarterly (does not apply to emergency board, special board, worksessionsshops and committee meetings).

b) If a city appointed seat becomes vacant then a new member will be selected bythe associated city mayor and confirmed by the city's governing body. All othervacant seats are appointed by the FNSB mayor and confirmed by the assembly.

c) A person appointed to fill a vacancy serves until the expiration of the term forwhich appointed and until a successor is appointed or elected and sworn.

d) If less than 30 days remain in an appointment term or elected positions wherethere are less than 30 days prior to the vacant seat's election filing deadline, thevacant seat shall not be filled.

4) Term Limits: Except for appointed positions, seats will be limited to two consecutiveterms. Directors may be reelected after sitting out one election cycle; at that pointthe elected member may once again run for up to two consecutive terms.

5) Qualifications: All Directors must be a resident of Fairbanks North Star Borough forat least one year at the time of appointment or election.

Section 2: Officers 1) Chair:

a) The Chair shall be elected annually by the majority of the Directors present. The first regular board meeting in January of each year shall be the election cycle.

b) The Chair shall preside at all meetings of the Board and shall be the officialrepresentative of the Board, unless delegated by the Chair to another Director.

c) The Chair shall serve as the official FNSB Assembly representative for theUtility on all matters, unless delegated by the Chair to another Director.

d) The Chair should brief the FNSB Assembly at least quarterly, unless delegatedby the Chair to another Director.

Page 4 of 9 31

2) Vice Chair: Performs the duties of the Chair when the Chair is not physicallypresent at the meeting and while there is a vacancy in the office of the Chair.

3) Additional Officers: The Board shall have the authority to create additional officersas needed, such as Treasurer and Secretary, and assign specific duties to thoseofficers.

Section 3: Indemnity 1) To the fullest extent permitted by law, IGU shall indemnify a Director against any

claim, demand, suit, or judgment arising from an act taken in good faith.,_

-aAd withinthe scope of the Director's duties and permitted under AS 10.06.490, as may beamended by the legislature from time to time .. -:-

2) Independent legal counsel shall be provided if:

a) A Director requests and a majority of the membership of the remainingBoard of Directors Board concurs, or

9)-The Chair or IGU's attorney determines that there may be a conflict of interest between IGU and the Director

.:.,-Gf

etb) The liability of the Director involves claims or defenses not reasonably related to the claims or defenses of the Utility.

Section 4: Sanction of Directors

1) A Director who violates the Board's ethical standards may be subject to one ormore Board imposed sanctions including, but not limited to, public censur�removal from office.

a_Prior to imposition of sanctions, the Director shall be entitled to may-present a defense to the Board.

3) A director may be removed as provided for by AS 29.26.240-350 and AS29.20.170, as may be amended by the legislature from time to time. Removalof Directors 1.vill follm\' State law.

2-t4) Any action to sanction a board member shall require a 2/3 majority vote of seated Directors eligible to vote.

3) Removal may only be imposed if the violation occurred in the Director'spresent term and shall require a 2/3 majority vote of seated Directors eligibleto vote.

Section 5: Resignation of a Director 1) A Director may resign at any time.

2) Resignation must be in writing and submitted to the Chair. It is effective whenaccepted at the next Regular Board Meeting.

Page 5 of 9 32

Section 6: Compensation These Director positions are voluntary. Compensation to the Directors shall not exceed the compensation paid to FNSB Assembly members. Reimbursement of approved expenses is not considered compensation.

Article IV - General Manager

The General Manager (GM) of the Utility is responsible to the Board for the operation and management of the Utility and unless otherwise provided by ordinance, may not be appointed to a term longer than five years.

The GM, or designee, shall sign all contracts, escrow agreements and deeds, leases, grant and loan applications and agreements, and intergovernmental agreements, consistent with Board fiscal policies.

Exceptions occur when the signing is expressly delegated by the Board or these Bylaws to some other officer or agent of the Utility, or is required by law to be otherwise signed. The GM may be prescribed other duties by the Board that are not specifically delegated in these By-Laws.

The Board will review and confirm (by vote) the GM's performance objectives at the beginning of each calendar year.

At the end of the calendar year the Board will review the GM's performance.

Article V - Committees

The Board may establish standing and temporary committees to advise the Directors. Each committee shall be chaired by a member of the Board of Directors, and include at least one other member of the Board. Committees may include nonDirectors. All appointments shall be made by the Chair, subject to confirmation by a majority of the Board of Directors present. These Committees will report and may develop work products during the Committee of the Whole Meetings.

Article VI - Public Relations

Any requests for interviews of Board Members, Officers, or employees by the media concerning the Utility shall be referred to the Chair or the GM for prior approval.

Article VI I - Meetings

Section 1: Regular Board Meetings: 1) The Board shall establish a Regular Board Meeting schedule and publish that

schedule.

2) Directors shall attend at least 65% of regular board meetings, as determinedquarterly, unless excused by the Chair from doing so. Excused absences mayinclude, but are not limited to, emergencies, competing work requirements,sickness, etc.

Section 2: Emergency Board Meetings 1) The Chair, Vice Chair, or any two Directors may call an emergency meeting

Page 6 of 9 33

when a bona fide emergency exists, and may be called with as much public notice as reasonably possible in light of the emergency.

2) The call for an emergency meeting may be transmitted electronically or handdelivered to the business or home address of each Director at the earliestconvenience prior to the time of the meeting.

Section 3: Special Board Meetings 1) The Chair, Vice Chair, or any two Directors may call a special meeting when

deemed expedient for the purpose of considering and transacting the businessspecified in the call for the meeting. Notice requirements for Special BoardMeeting are the same as for a Regular Board Meeting.

2) The call for a special meeting may be transmitted electronically or handdelivered to the business or home address of each Director at the earliestconvenience prior to the time of the meeting.

Section 4: Committee Meetings The committee chair shall establish a meeting schedule and publish that schedule.

Section 5: Rules Governing Meetings: 1) All meetings shall be public meetings and, with the exception of Emergency

Board Meetings, require public notice a minimum of five days prior to themeeting.

2) Meetings shall be conducted according to Robert's Rules of Order, except asotherwise set out herein; however, the Chair may use less formal procedures ifno Director objects.

3) Directors do not have to be physically present at meetings, but may attend byelectronic means.

4) Board meetings, including emergency and special board meetings, shallmaintain a place on their regular meeting agenda for members of the public toaddress the Board of matters concerning the Utility. A public person shall begiven three minutes to address the Board; this time may be reduced orexpanded by the Chair but shall be applied equally to all members of the public.Public comment periods are not required at committee meetings.

5) Any substantive business that is publicly noticed in an agenda may betransacted at meetings.

6) The Chair or any other Director may request an executive session. A motion toenter into an executive session shall be duly seconded and subject to a vote ofthe Board. A majority of the Directors present must vote in the affirmative forthe executive session to occur. Executive sessions shall be confidential unlesswaived by a majority vote of the board. Minutes will be taken during this sessionand archived according to Board policy.

?J_A written record shall be made of meetings and approved at the next regular meeting.

Page 7 of 9 34

-7-)8) Unless otherwise specifically stated in the Bylaws, any matter coming before the Board of Directors shall only be approved if a majority of the membership of the Board of Directors present vote in favor of approval.

Article VI 11 - Ethical Standards

Section 1: Conflict of Interest No Director, or the GM, shall have any substantial personal or financial pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with this Board's efforts. The Board shall adopt, by resolution, an ethics policy that covers the activities of Directors and employees.

Section 2: Use of Public Funds in Elections Restrictions in state law applicable to political subdivisions on the use of public monies to influence elections shall apply to IGU.

Article IX - Amendments

These By-Laws may be amended by the Board by a vote of a simple majority of the membership of the Board of Directors subject to the approval of the FNSB Assembly.

Article X - Financial Transactions

Section 1: Independent Auditors 1) The Board shall provide an annual report, which must include financial

statements audited by independent outside auditors.

2) These reports shall be available to the public.

Section 2: Fiscal Policies The Board shall adopt by resolution, approved by a majority of the membership membership of the Board of of the Board of Directors present, fiscal policies that govern the financial activities of the organization. This shall include, but not be limited to: budgets, contract authorizations, signatory authority, procurement, investment, and debt.

Article XI - Sunset Review

1) On or before November 15, 2015, the Board shall conduct a thoroughassessment of the activities and performance of the organization. At that timethe Board shall make a determination, by resolution voted on by the Board, ofthe following:

a) Whether IGU has substantially exercised the powers granted in the enactingordinance;

b) Whether sufficient progress has been made toward accomplishment of theorganization's existence to continue efforts for anotherthfee-ten yearperiod;

Page 8 of 9 35

c) Whether the organization has advanced sufficiently to the point where anyoperations and/or partnerships can be transferred to the private sector.Such a transfer shall be considered only if it is in the economic best interestsof the rate-payers of gas utility services.

2) Any change to the organization recommended as a result of the sunsetevaluation shall require approval of the Assembly.

3) Such an evaluation shall be undertaken by the Board every tenthfee years_._and approved by a majority of the membership of the Board of Directors

Page 9 of 9 36

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By: Introduced:

Matt Cooper 04/09/2020

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FAIRBANKS NORTH STAR BOROUGH

ORDINANCE NO. 2020 - 15

AN ORDINANCE AMENDING FNSBC 3.16.030 CONDUCT OF DEBATE AND DISCUSSION TO ALLOW THE FNSB ASSEMBLY TO POSTPONE TO A CERTAIN TIME OTHER THAN

THE DATE OF THE NEXT REGULAR ASSEMBLY MEETING

WHEREAS, The motion to "postpone to a certain time" is not addressed with

the assembly rules of procedures within borough code, therefore Robert's Rules of Order

governs this motion; and

WHEREAS, Robert's Rules of Order states "In cases where no more than a

quarterly time interval will elapse between sessions, a question can be postponed until,

but not beyond, the next regular business session. For example, in a society that holds

regular business meetings on the same day of each week, a question cannot, at one

meeting, be postponed for longer than a week;" and

WHEREAS, At times there is a need to postpone an agenda item further

than the next regular assembly meeting to allow time for additional information gathering

or time for the administration to work with a third party prior to the assembly taking

further action on the agenda item or other unforeseen circumstances.

NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks

North Star Borough:

Section 1. Classification. This ordinance is of a general and permanent

nature and shall be codified.

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined

Text to be deleted is [BRACKETED, CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2020-Page 1 of 2

37

32

33 Section 2. Subsection Lis added to FNSBC 3.16.030, Conduct of debate and

34 discussion, to read as follows:

35 L. The assembly may postpone a motion to a certain time other than the date of the

36 next regular meeting if specified in the motion to postpone.

37

38 Section 3. Effective Date. This ordinance is effective at 5:00 p.m. on the

39 first Borough business day following its adoption.

40 41 ADOPTED THE __ DAY OF ____ 2020. 42 43 44 45 46 47 ATTEST: 48 49 50 April Trickey, CMC 51 Borough Clerk

Matt Cooper Presiding Officer

APPROVED:

Jill S. Dolan Borough Attorney




38

TO:

Fairbanks North Star Borough Department of Public

Works 907 Terminal Street* PO Box 71267 * Fairbanks, Alaska 99707-1267 * (907)459-1345FAX 459-1330

MEMORANDUM

THRU:

FROM:

DATE:

SUBJECT:

Fairbanks North Star Borough Assembly

Bryce Ward, Borough Mayor

David Bredlie, Director Department of Public Works

April 9, 2020

Ordinance 2019 - 20 - 1YSolid Waste Collection District Code Enforcement Program

Attached for your approval is a proposed budget and Fairbanks North Star Borough Code amendment ordinance. The ordinance amends the FY 2019-20 budget by appropriating $54,100 from the Solid Waste Collection District Fund fund balance for the Solid Waste Collection District Code Enforcement Program. The ordinance also amends FNSB Code Titles 1 and 21 to allow designation of solid waste code enforcement officers.

This ordinance will provide funding for the hiring of three full-time equivalent, permanent employee positions in the Department of Public Works.

I urge its adoption.

Attachment

39

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2019-20- Page 1 of 4

By: Bryce J. Ward, Mayor 1 Introduced: 4/9/2020 2

3 4 5 6 7


ORDINANCE NO. 2019 – 20 – 1Y

AN ORDINANCE AMENDING THE FY 2019-20 BUDGET BY APPROPRIATING $54,100 8 FROM THE SOLID WASTE COLLECTION DISTRICT FUND FUND BALANCE FOR A CODE 9

ENFORCEMENT PROGRAM WITH TWO CODE ENFORCEMENT OFFICERS AND A 10 MANAGER POSITION FOR THE REMAINDER OF FY 2019-20; AUTHORIZING 3.0 FULL 11

TIME EQUIVALENT, PERMANENT EMPLOYEE POSITIONS; AND AMENDING FNSBC 12 TITLE 1 REGARDING CODE ENFORCEMENT OFFICER DESIGNATIONS, TO INCLUDE 13 THE DESIGNATION OF SOLID WASTE COLLECTION DISTRICT CODE ENFORCEMENT 14

OFFICERS 15 16

WHEREAS, The Fairbanks North Star Borough (Borough) Solid Waste 17 Collection District (SWCD) is a division of the Borough Public Works Department that 18 manages transfer sites in the area of the Borough outside the City of Fairbanks; and 19

20 WHEREAS, The mission of the SWCD division is to provide proper and 21

efficient management and transport of recyclables, waste-to-energy fuels, reuse 22 materials, and waste from the transfer sites to the solid waste facility; and 23

24 WHEREAS, The SWCD is funded by property taxes from the area of the 25

Borough outside the City of Fairbanks; and 26 27

WHEREAS, Transfer sites provided as part of the Borough’s SWCD are 28

designated solely for the disposal of residential solid waste by residents of the Borough, 29 outside the City of Fairbanks; and 30

31 WHEREAS, Transfer site major maintenance and improvement projects 32

began in 2016 and are continuing to improve public services at transfer sites; and 33 34

40


WHEREAS, City of Fairbanks residents, non-Borough residents, and 35 commercial businesses are prohibited from using the transfer sites; and 36

37 WHEREAS, This prohibited usage along with other undesirable activities 38

such as littering, vandalism, and graffiti are occurring on a regular basis; and 39 40 WHEREAS, On February 6, 2020 at the Borough Assembly Committee of the 41

Whole work session, discussion of the presentation Solid Waste Transfer Site Conditions 42 and Security Concerns led to a request from Assembly members for a SWCD transfer site 43 code enforcement proposal; and 44

45 WHEREAS, The SWCD Code Enforcement Officers and SWCD Manager 46

positions would provide the Borough the ability to plan, coordinate, and execute a SWCD 47 code enforcement program at the transfer sites; and 48

49 WHEREAS, An increase in the full-time equivalent (FTE), permanent 50

employee position count of 3.0 is required in the Department of Public Works for the 51 SWCD Code Enforcement Officers and SWCD Manager positions. 52

53 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 54

North Star Borough: 55 56

Section 1. Classification. Section 4 of this ordinance is of a general and 57 permanent nature and shall be codified. All other sections of this ordinance are not of a 58 general and permanent nature and shall not be codified. 59

60 Section 2. Solid Waste Collection District Fund Appropriation. The 61

FY 2019-20 budget is hereby amended by appropriating $54,100 to the Solid Waste 62 Collection District Fund budgetary guideline entitled “Department of Public Works” and 63 by increasing Contribution from Fund Balance by a like amount. 64

41


65 Section 3. Position Authorization. The FY 2019-20 budget is hereby 66

amended by authorizing 3.0 FTE, permanent employee positions in the Department of 67 Public Works. 68 69

Section 4. FNSBC 1.20.050 is hereby amended to read as follows: 70 The mayor may designate in writing up to three total persons, who shall be authorized 71 to enforce this code[, EXCEPT FNSBC TITLE 22, ANIMALS,] as code enforcement officers; 72 however, code enforcement officers listed in subsections A-C are excluded from this total. 73 Any officer so designated to enforce some or all provisions of the FNSBC is authorized to 74

issue citations, or notices of violation, for any violation of this code which the officer is 75 authorized to enforce in the manner provided by AS 12.25.180 through 12.25.230. Code 76 enforcement officers appointed under the authority of this section shall not have the 77 general authority of police officers. 78 79 A. Animal control officers as defined in FNSBC Title 22 shall have authority to enforce the 80 provisions of FNSBC Title 22 including the issuance of citations and notices of violation. 81 82 B. Solid waste collection district code enforcement officers, defined as any borough 83 employee with the personnel position title of solid waste collection district code 84 enforcement officer, shall have authority to enforce the provisions of FNSBC Titles 10 and 85 21 including the issuance of citations and notices of violation. 86 87 C. The superintendent of schools may designate in writing one person as a truancy 88 officer. The truancy officer shall have the authority to enforce the provisions of Chapter 89 9.16 FNSBC including issuance of citations and notices of violation. 90 91 Section 5. Effective Date. This ordinance is effective at 5:00 p.m. on the 92

first Borough business day following its adoption. 93 94

42

95 ADOPTED THE __ DAY OF ____ 2020. 96 97 98 99

100 101 ATTEST: 102 103 104 April Trickey, CMC 105 Borough Clerk

Fairbanks North Star Borough, Alaska


(\P,R~VE~: ~

~ Borough Attorney

ORDINANCE NO. 2019-20-Page 4 of 4

43

I. Request

Ordinance No: 2019-20-1Y

FAIRBANKS NORTH STAR BOROUGH FISCAL NOTE

Date Introduced: 04/09/2020

Abbreviated Title: $54.100 from the Solid Waste Collection District Fund Fund Balance to Cover A Code Enforcement Program and to Authorize 3.0 Full-Time Equivalent Employee (FTE) Positions

II. Financial Detail

Fund/Department Affected: Public Works/Solid Waste Collection District

EXPENDITURE

Personnel Services

Capital Outlay

Awaiting Budget

Total

SOURCE OF FUNDING

Solid Waste Collection

District Fund

FY 19/20

54,100

54,100

Contribution from Fund Balance 54,100

State Grants

Federal Grants

Total 54,100

Specify Funding Sources: Solid Waste Collection District Fund fund balance

OTHER FUNDING (PREVIOUSLY APPROPRIATED)

Cash Match:

In-Kind Match:

Ill. Project Purpose:

To provide funding for a code enforcement program and to authorize 3.0 FTE positions

IV. Analysis of Future Liabilities and Funding Sources:

Ongoing personnel and operating cost for the code enforcement program

V. Fund Certification: I certify that funding sources are available as detailed in II above.

Debra L. R. Brady Chief Financial officer

W:\Financial services\FS Ordinances & Resolutions\ORDINANCIFY201SWC Code Enforcement 4-9-20\SWC Code Enforcement Fiscal Note 4-9-20 vi .docx

3/\,, f 20 �

44

Fairbanks North Star Borough Fiscal 1 heel< Date Version 1

Impact Statement (FIS) (FNSBC 3.20.010 c.) Version 2 Version 3 Version 4

Originator's Name: Bob Jordan, Grant Wright Department: Public Works

To Be Introduced/Sponsored By: Bryce Ward, Mayor

Abbreviated Ordinance Title: Solid Waste Collection District Code Enforcement Program

Department(s)/Division(s) Affected: Public Works Department, Solid Waste Division

Proposed Introduction Date: April 9th Ordinance No.: 2019-20-1Y

Does this ordinance authorize: 1) a new or expansion of services which entails additional costs beyond that approved in the current

adopted budget? Yes ✓ No

*

-- --2) a project that is capital in nature and increases operational costs of the Borough in the current or

any future fiscal year? Yes __ No-✓-*

FISCAL IMPACT PRO FORMA SUMMARY· BEST ESTIMATE Remainder of

Current FY Required Information/Estimates FY 2019 / 20

1. Timeline inclusive of all phases

2. Number and type of new positions which 3

may be required,. __________________ ................................................................................ _____ ., _________

3. Cost of operations and maintenance $0,00

4. Future costs to complete capital assets $0,00

5. Estimated revenue impact $0.00

6. Estimated Mn-Borough funds that maybe received:

a. to fund the ordinance $0.00

b. to fund future phases $0.00

c. to fund future operations and$ 0.00

maintenance costs

7. Anticipated annual tax subsidy $ 0.00

Is backup attached? Yes No ✓

Contact Person's Name, for FIS questions: Bo \Jord n

Director(s) Signature(s): '"S.S ')/! 9/� �v

1st Full FY of Operations

FY 2020 /21

0

--------------

$337,630

$0.00

$0.00

$0.00

$ 0.00

$ 0.00

$ 0.00

.

-

2nd Full FY of Operations

FY 20 21 / 22

0

-------------------

$337,630

$0.00

$0.00

$0.00

$ 0.00

$ 0.00

$ 0.00

Mayor's Office or Assembly Member Signatu{�: /M,,,vt,1 /J IIA".d--Chief Financial Officer Signature: �� IJ�A ti:..!? l

3rd Full FY ofOperations

FY 2022 / 23

0

...................................

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$0.00

$0.00

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Extension:

4th Full FY ofOperations

FY 20 23 /24

0

---------------

$337,630

$0.00

$0.00

$0.00

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$ 0.00

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1365

Date: >/,q fz..c

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Date:3/l t;(�o

lltundra2\workgrps\Financial servlces\FS Ordinances & Resolutions\OROINANC\Fiscal Impact Statement\Fiscal Impact Statement 9-5-2017 Revision - code.xlsx FIS 9/5/17 4:22PM Page 1 of 2

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By: Introduced:

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Matt Cooper April 23, 2020

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AN ORDINANCE AMENDING CHAPTER 2.16 FNSBC TO ADD A NEW SECTION FNSBC 2.16.150, PUBLIC MEETINGS DURING AN IMMINENT OR DECLARED DISASTER

WHEREAS, The Fairbanks North Star Borough Code of Ordinances

authorizes Assembly participation by teleconferencing of no more than three members

unless it is a special meeting called to consider an emergency action; and

WHEREAS, Code also authorizes only certain meetings of boards of

commissions to be conducted by teleconference; and

WHEREAS, There may be occasions that, for health or safety reasons, it is

in the public interest to modify or waive various code provisions and rules of procedure

governing these meetings.

NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks

North Star Borough:

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25 Section 1. This ordinance is of a general and permanent nature and shall

26 be codified.

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28 Section 2. FNSBC 2.16.150, Public meetings during an imminent or declared

29 disaster, is hereby added as follows:

30 Notwithstanding anything in the Fairbanks North Star Borough Code of Ordinances to the

31 contrary, the presiding officer or the mayor, as appropriate, shall have the authority to

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT

Text to be added is underlined Text to be deleted is [BRACKETED, CAPITALIZED]

Fairbanks North Star Borough. Alaska ORDINANCE NO. 2020-Page 1 of 3

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32 modify and/or waive code provisions or rules of procedure governing public meetings,

33 including pertaining to scheduling, public participation and teleconferencing, when

34 necessary due to an imminent or declared disaster.

35 A. Modifications and waivers to established code and rules of procedure should be

36 done only after first considering if the meeting can be postponed or delayed. Meetings

37 should not be postponed or delayed if matters will be effectively defeated by doing so

38 unless there is no reasonable alternative. A meeting may be held either in full or in part,

39 such as convening to act only on time-sensitive matters.

40 B. If a meeting must be held and teleconferencing or remote participation is utilized:

41 1. Rules governing in-person quorum requirements or limitations on

42 participation by teleconference may be suspended.

43 2. Opportunities to listen and participate by telephonic or written means must

44 be provided to the public if such participation is otherwise allowable at the meeting.

45 3. Staff reports may be provided by memorandum or videoconferencing,

46 provided that any written or visual materials are accessible to the public in advance of

47 the meeting.

48 4. Other procedures furthering the goals of public participation while still

49 allowing essential business to be conducted may be established.

50 C. Nothing in this section is intended to limit the authority the mayor or the presiding

51 officer as otherwise provided under law.

52

53 Section 3. Effective Date. This ordinance is effective at 5:00 p.m. on the


55




47

56 ADOPTED THE __ DAY OF ____ 2020. 57 58 59 60 61 62 63 ATTEST:


APPROVED: 64 65 A pp-ro✓ed 'o-'1 SSO 66 April Trickey, CMC 67 Borough Clerk

Jill S. Dolan Borough Attorney




48

FAIRBANKS NORTH STAR BOROUGH DivisionofLandManagement

907 Terminal St * P.O. Box 71267 * Fairbanks, Alaska 99707-1267 (907) 459-1241 * FAX (907) 459-1122

MEMORANDUM

TO: Fairbanks North Star Borough Assembly

THROUGH: Bryce Ward , Mayor ~ v ~J

FROM: Sandra Mota, Land Manager

DATE: April 23, 2020

SUBJECT: AN ORDINANCE AUTHORIZING THE DIRECT SALE OF LOT 1 ARCTIC WINTER ADVENTURES SUBDIVISION, ACCORDING TO THE PLAT FILED MARCH 26, 2019 AS PLAT NO. 2019-35, WITHIN SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, F.M., RECORDS OF THE FAIRBANKS RECORDING DISTRICT, FOURTH JUDICIAL DISTRICT, STATE OF ALASKA, TO THE LESSEE SVEN'S ALASKA LLC (OLD MURPHY DOME/ ELLIOT HWY).

The attached ordinance requests authorization for the direct sale of Borough owned land to the current lessee, Sven 's Alaska LLC (Sven's). The proposed 19.3 acre sale parcel is located at the east end of Old Murphy Dome Rd ..

FNSBC 20.20.090(A) allows for the sale of borough land directly to those holding a land interest in borough land. Sven's has leased the intended sale parcel since May of 2015 having used it for the intended lease purpose for more than 4 years running . With roughly $375,000 of assessed value, the requested sale is a means of protecting a significant investment made to date through construction of taxable improvements on the property. Sven's foresees continued investment in a growing business under fee title ownership.

As required by FNSBC 20.20.020(A), Land Management reviewed records for the property having identified an adjoining mining claim holder which may be impacted by the proposed sale. This mining claim holder was notified and given the opportunity to competitively bid for the purchase. Sealed bids were received from both the Lessee and the claim holder with Sven's having submitted the winning bid. Seller financing is proposed at 6 percentage points above the then Federal Discount Rate, with a 10 year deed of trust naming the Borough as Beneficiary.

We support the ordinance and urge its adoption. Thank you.

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By: Introduced:

Bryce J. Ward, Mayor 4/23/2020

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AN ORDINANCE AUTHORIZING THE DIRECT SALE OF LOT 1 ARCTIC WINTER ADVENTURES SUBDIVISION, ACCORDING TO THE PLAT FILED MARCH 26, 2019 AS

PLAT NO. 2019-35, WITHIN SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, F.M., RECORDS OF THE FAIRBANKS RECORDING DISTRICT, FOURTH JUDICIAL DISTRICT,

STATE OF ALASKA, TO THE LESSEE SVEN'S ALASKA LLC (OLD MURPHY DOME/ ELLIOT HWY)

WHEREAS, The Fairbanks North Star Borough (Borough) holds good and

equitable title to the property known as Lot 1 Arctic Winter Adventures Subdivision,

according to the plat filed March 26, 2019 as plat no. 2019-35, records of the Fairbanks

Recording District, Fourth Judicial District, State of Alaska; and

WHEREAS, FNSBC 20.20.090(A) states that the Assembly may, by

ordinance, authorize the Mayor to sell Borough land directly to those holding a land

interest in Borough land, provided that where said interest is a lease interest it has been

held for four years and there has been actual use pursuant to the terms of the lease for

at least four years; and

WHEREAS, Sven's Alaska LLC (Sven's) entered into a lease agreement for

this parcel on May 18, 2015 with the Borough, having actively used the parcel pursuant

to the terms of the lease since its execution, and now wishes to purchase from the

Borough said parcel; and

WHEREAS, FNSBC 20.20.090(A) states where multiple land interest holders

declare their interest in purchasing the same parcel of borough land, the sale shall be

conducted by sealed bid auction between them; and

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50

35 WHEREAS, Land Management reviewed records for the property and

36 identified mining claim holders on an adjoining parcel which are impacted by the proposed

37 sale; and

38

39 WHEREAS, Those mining claim holders identified as impacted by the

40 proposed sale were notified and given an opportunity to competitively bid for acquisition

41 of the sale parcel, having done so with an unsuccessful bid.

42

43 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks

44 North Star Borough:

45

46 Section 1. This ordinance is not of a general and permanent nature and

47 shall not be codified.

48

49 Section 2. Authorization. The parcel proposed for sale meets the

50 conditions of FNSBC 20.20.090 for a direct sale to the lessee. The Borough Mayor is

51 authorized to take all actions and execute all documents necessary to convey the

52 Borough's interest in Lot 1 Arctic Winter Adventures Subdivision, according to the plat

53 filed March 26, 2019 as plat no. 2019-35, records of the Fairbanks Recording District,

54 Fourth Judicial District, State of Alaska within Section 14 T.2N, R.lW, F.M., shown on

55 Exhibit "A" Map, to Sven's Alaska, LLC by Warranty Deed. The Borough Mayor is further

56 authorized to offer financing with a ten percent down payment and requiring a 10 year

57 deed of trust guarantee to the Borough as Beneficiary. An interest rate of six (6)

58 percentage points above the then Federal Discount Rate shall be applied to the balance

59 owed.

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61 . Section 3. Effective Date. This ordinance is effective at 5:00 p.m. on the


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64 ADOPTED THE __ DAY OF _ ___ 2020. 65 66 67 68 69 70 ATTEST: 71 72 73 April Trickey, CMC 74 Borough Clerk

Fairbanks North Star Borough, Alaska


APPROVED:

Awo--Jec) ~ 3:7""2D Jill S. Dolan Borough Attorney

ORDINANCE NO. 2020-Page 3 of 3

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I ISALE PARCEL

AN ORDINANCE AUTHORIZING THE DIRECT SALE OF LOT 1 ARCTIC WINTER ADVENTURES SUBDIVISION, ACCORDING TO THE PLAT FILED MARCH 26, 2019 AS PLAT NO. 2019-35, WITHIN SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, F.M., RECORDS OF THE FAIRBANKS RECORDING DISTRICT, FOURTH JUDICIAL DISTRICT, STATE OF ALASKA, TO THE LESSEE SVEN'S ALASKA LLC( OLD MURPHY DOME/ ELLIOT HWY).

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ASSEMBLY BOROUGH MAYOR Matt Cooper, Presiding Officer...

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