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Adopted: September 20, 2004
Revised and approved: April 16, 2018
I. ESTABLISHMENT AND GENERAL POWERS OF GIRDWOOD BOARD OF SUPERVISORS
A. The Girdwood Valley Service Area was established by Anchorage Municipal Code (AMC), Chapter 27.20.110 Girdwood Valley Service Area Board of Supervisors, as follows:
a. There is established a board of supervisors for the Girdwood Valley Service Area consisting of five (5) persons elected in accordance with the provision of this chapter. The board shall be constituted and shall function in the manner prescribed in this chapter [AMC, Chapter 27.20] in the exercise of fire prevention and protection, street construction and maintenance, solid waste collection, parks and recreation services, cemetery planning, operations, & maintenance, public safety, and utilities.
B. The Girdwood Board of Supervisors (hereafter “GBOS”) shall consult with and advise the Anchorage Assembly (hereafter “Assembly”) and Mayor concerning the administration of the affairs of the service area and the services that are being provided.
C. The Mayor shall consult with the GBOS in preparing the annual budget for the service area, and the comments and suggestions of the GBOS concerning the budget shall be transmitted to the Assembly for its consideration.
D. AMC 27.10.040 Operation of service areas with boards of supervisors states: In a service area with a board of supervisors, services shall be provided in the service area by the departments, if any, designated by the ordinance establishing the service area and designating the power to be exercised within the service area subject to the advice and recommendations of the board of supervisors established pursuant to AMC Chapter 27.20. AMC 27.10.040 also states that the board of supervisors shall supervise the furnishing of special services in the service area in the manner prescribed by the ordinance establishing the service area and designating the power to be exercised within the service area. Except as otherwise provided by ordinance, the administration of the Municipality of Anchorage (hereafter “MOA”) may prescribe rules, procedures and guidelines to be followed in furnishing services and expending moneys in service areas where boards supervise the furnishing of services (A.O. No. 82-49).
E. Assembly Ordinance AO 2003-113 approved August 12, 2003: The Girdwood Board of Supervisors is designated as the Girdwood Community Council ex-officio by the Anchorage Municipal Assembly. Because of this, Girdwood is not recognized as a Community Council District in Municipal Code 2.40.040.D – Establishment of community council districts. With the adoption of 2.40.035.B on August 12, 2003, the Girdwood Community Association Rules and Bylaws were over-ruled and suspended.
Municipal Code 2.40.035.B Recognition of community councils; special ex officio community council recognition for Girdwood Board of Supervisors, states: “Girdwood recognized; special provision. The municipality recognizes the Girdwood Board of Supervisors as the community council, ex-officio, which serves the Girdwood Community Association/Land Use Committee boundary area depicted on Map 10 located in section 2.40.090.”
F. The Girdwood Valley Service Area (GVSA) Administrative Officer (hereafter “Secretary”) will take minutes during all GBOS meetings, type and post agendas and minutes, complete correspondence and other duties as directed by the GBOS Chair or Co-Chair (hereafter “Chair” or “Co-Chair”). The Secretary is not a member of the board and holds no voting rights. The Secretary should not take part in discussions, comment on, or ask questions of any GBOS member (hereafter “Member”) or public during discussions or presentations, except on matters of clarification for the minutes.
G. The Secretary shall be responsible for posting all items requiring public notice on the GBOS website and at the Girdwood Branch of the US Post Office, the Girdwood Library, and the Girdwood Community Center per the timeline required for each type of notice.
II. RULES OF PROCEDURE FOR THE GIRDWOOD BOARD OF SUPERVISORS (GBOS).
Article 1: MEMBERSHIP.
A. The GBOS shall consist of five (5) elected members.
B. The elected Members are elected officials, thus subject to the MOA laws governing removal from office. Generally stated:
Meeting Absences: A Member intending to be absent at a Regular Meeting shall request from the Chair or Co-Chair to be excused in advance of the meeting from which he will be absent.
Recall Procedure: Grounds for recalling a MOA elected official are incompetence, misconduct in office and failure to perform prescribed duties. Those wishing to recall an elected official are to contact the Municipal Clerk.
Declaration of Vacancy: Vacancy of a seat shall occur on the failure of a Member to:
1. Attend three (3) consecutive Regular or Special Meetings or Work Sessions without an excused absence from the Chair or Co-Chair;
2. Attend a two-thirds (2/3) majority of the Regular and Special Meetings, Work Sessions, Executive Sessions and GBOS Public Hearings during any calendar year without an excused absence from the Chair or Co-Chair.
Filling the vacancy will be done in the following manner:
1. Public notice of seat vacancy will be posted as outlined in Section I, G for a minimum of fourteen (14) full days stating specific Seat Vacant, Term, and requesting that a brief resume from those interested in filling the seat be submitted to the GBOS by a specified closing date.
2. Within seven (7) days of the closing date for resumes, the GBOS will meet in Executive Session to make a recommendation to be forwarded to the Mayor, along with all other resumes received.
3. The Mayor will then make an appointment to fill out the term of the seat left vacant.
C. Resignation by a Member will be done in the following manner:
1. Member submits signed letter of resignation to the Chair or Co-Chair and to the Mayor concurrently.
2. Public notice of seat vacancy will be posted as outlined in Section I, G for a minimum of fourteen (14) full days stating specific Seat Vacant, Term, and requesting that a brief resume from those interested in filling the seat be submitted to the GBOS by a specified closing date.
3. Within seven (7) days of closing date for resumes, the GBOS will meet in Executive Session to make a recommendation to be forwarded to the Mayor along with all other resumes received.
D. At the time of a new Member’s election or appointment to a GBOS seat, the Secretary shall prepare a notebook for the Member. The notebook shall contain: the current GBOS Rules and Procedures, copies of all GBOS minutes and attachments from the previous six (6) months, a copy of any current/pending correspondence or agenda, a calendar of all scheduled meetings for the next six (6) months, a copy of the Girdwood Area Plan, a copy of the Turnagain Arm Management Plan and anything else that the Chair or Co-Chair may direct the Secretary to insert.
Article 2: COMMITTEES.
A. Land Use Committee: There shall be a Land Use Committee (hereafter “LUC”) which shall function as an advisory committee to the GBOS on all Girdwood Land Use issues. The LUC shall operate in accordance with the Girdwood Land Use Committee Operating Principles as approved by the LUC and amended as needed.
The LUC is a one-person one-vote organization, whereas GBOS business is voted upon by only the 5 board members. In consort with the ideals of community councils being the voice of the people with one-person one-vote, the LUC is designated by the GBOS to be the public hearing process for the GBOS. In the event that the voting in LUC and GBOS do not match each other, the rules under Voting Conclusions, Article 6, section E will be followed.
It is intended that, on all matters involving Conditional Use Permits, Vacation Applications and Easement Applications the LUC will “hear” the matter first, and then, in accordance with the GBOS policies for these items, will send forward to the GBOS its recommendations and/or vote on the matter. Once the LUC has sent forward to the GBOS its recommendations on a given matter, that matter may then be put on the next available GBOS agenda for GBOS discussion, vote and action or recommendation to the appropriate MOA department or authority. All effort shall be made for Girdwood land use type issues to be heard before the LUC first and voted upon by members. However, given time constraints with the MOA Planning Department, it may not always be possible for an issue to go before the LUC. In this instance, such issues will be heard before the GBOS and their recommendation will be sent forth to the MOA Planning Department, with the caveat that time did not permit the issue to be heard and voted upon by the LUC.
B. Trails Committee: Given the importance of local and regional trails in the Girdwood valley, there shall be a Trails Committee which shall function as an advisory committee to the GBOS on all matters related to trails in the Girdwood valley. The Trails Committee shall operate in accordance with procedures adopted by the Committee, approved by the GBOS and amended as needed.
C. Public Safety Advisory Committee: Given the complexity of contracting and liability, and desire to have local control over policing in Girdwood, the Public Safety Advisory Committee was formed. The Public Safety Advisory Committee shall function as an advisory committee to the GBOS in all matters related to policing and public safety in the Girdwood valley. The Public Safety Advisory Committee shall operate in accordance with procedures adopted by the Committee, approved by the GBOS and amended as needed.
D. Cemetery Committee: The Girdwood Cemetery Committee was created in 2017 after Girdwood Valley Service Area voters approved taxing Girdwood property owners for the purpose of creating, operating, and maintaining a cemetery in Girdwood.
Ad Hoc Committees: The Girdwood Board of Supervisors may designate ad hoc committees for the purpose of researching plans or projects. Ad hoc committees are temporary groups, which will retire once the project is complete or the concept is tabled by GBOS. An ad hoc committee may become a formal committee of the GBOS if the project becomes part of the Girdwood Tax Service. Ad hoc committee meetings are expected to be publicly posted by the committee one week in advance at the Girdwood Post Office and must be open to the public.
Examples of ad hoc committees of the GBOS are: Girdwood Area Plan Update Committee, Turnagain Arm Service Coalition (TASC), Girdwood Land Use Plan Update Committee, and Girdwood South Townsite Area Plan Update Committee. Ad-hoc committees are expected to report to GBOS at the monthly regular meeting.
Article 3: MEETINGS.
A. Regular Meetings: Regular Meetings will be held on the third Monday of each month unless changed due to unforeseen circumstances or holidays. The meeting will start at the published time and will adjourn at ten (10) p.m. unless the GBOS approves to extend the meeting. The first order of business will be to approve the minutes of the previous Regular Meeting, and the minutes of any Special Meetings or Work Sessions held in the monthly interim.
B. Special Meetings: Special Meetings may be called by the Chair or Co-Chair or by a quorum of the other Members. A minimum of twenty four (24) hours notice of meeting must be given to each Member and the Secretary. The Special Meeting must be posted at the Girdwood Post Office at least twenty four (24) hours before the time set for meeting.
C. Work Sessions: Work Sessions may be called by the Chair or Co-Chair and/or any two Members at any time to discuss problems and plans. All Members and the Secretary must be notified under the same conditions as Special Meetings. No formal transactions may be decided upon at Work Sessions. At the Chair’s request, Work Sessions shall be electronically recorded by the Secretary; written minutes shall not be produced unless the Chair or Co-Chair decides a compelling reason exists for written minutes.
D. Executive Sessions: Executive Sessions may be called by a vote of the majority (a quorum) of Members taken at a public meeting. The public and the Secretary are excluded from an Executive Session; however, the session must be recorded, with the Chair or Co-Chair taking possession of the recording. The only subject(s) that may be discussed in an Executive Session are those that are stated in the motion to go to Executive Session, and no matter shall be voted in Executive Session. The following matters may be discussed in an Executive Session: subjects that tend to prejudice the reputation and character of any person, including personnel matters, and matters which by law, or MOA Charter or ordinance, are required to be confidential.
E. Public Meetings: All meetings of the GBOS shall be open to the public except for Executive Sessions.
F. Public Notice: The Secretary will post the agenda as outlined in Section I, G at specified locations for Regular Meetings seven (7) days in advance. Additional agenda items must be posted forty eight (48) hours in advance to be considered for action at a meeting.
G. Open Meetings Act: The GBOS is subject to the Open Meetings Act: see Article Six of the Administrative Procedures Act; A.S. 44.62.310-312. GBOS will provide twenty-four (24) hours notice by posting as described for Special Meetings, for all events and gatherings where more than two (2) supervisors are reasonably expected to be in attendance.
H. Quorum: A majority of the GBOS attending in person shall constitute a quorum.
I. Minutes: The minutes of meetings will be typed and posted within twenty one (21) days of a meeting. The posted minutes shall state if they are draft or final version.
Minutes from Executive Session meetings will not be typed or posted. Rather, Executive Session meetings will be recorded and the Chair or Co-Chair will take possession of the recording and will ensure that the recording is placed in a dated, sealed envelope with an “Executive Session” label on the outside of the envelope. The Chair or Co-Chair shall deliver the sealed recording to the Secretary for locked storage in the GBOS offices. The Secretary shall also maintain a written log of the existing Executive Session recordings. Only by Resolution of the majority of the Members can a sealed Executive Session recording be opened.
Article 4: OFFICERS.
A. Chair: A Chair shall be elected to a one (1) year term by the Members every April or at any time membership changes by election or appointment. At the wish of the GBOS, this office may be held by two (2) elected Co-Chairs who will share in the duties enumerated in this Article. The duties of the Chair or Co-Chair are:
1. Preside over all GBOS meetings; and
2. Call Special Meetings; and
3. Notify Members and Secretary of the time, place, and date of all meetings; and
4. Give input and vote; and
5. Solicit from Members agenda items and develop monthly agenda; and
6. Appoint Acting Chair or Co-Chair in his/her absence or conflict of interest; and
7. Be proactive in working with MOA agencies and other Members; and
8. Execute all documents requiring GBOS signature.
Article 5: AREAS OF RESPONSIBILITY.
A. The GBOS’ defined Areas of Responsibility are as follows:
a. Roads Maintenance
c. Land Use
d. Parks and Recreation
e. Public Safety
g. Fire Department
Each of the five (5) individual Members shall “oversee” the Areas of Responsibility as delegated in Executive Session annually.
B. Selection of Areas of Responsibility will be based on seniority on the GBOS, and will be chosen or assigned at the same time as election of the Chair or Co-Chair. In the case where seniority of members is equal and a decision cannot be reached, the Chair or Co-Chair may appoint.
C. Members are expected to attend sub-committee meetings, respond to community requests and report into the record at the Regular Meetings on their area of responsibility. The Supervisor overseeing the Fire Department, or their designee, is required to attend quarterly GFRI Board of Directors meetings.
D. Members are expected to advise on the MOA budgets related to their areas of responsibility. Members shall maintain reference information related to their areas of responsibility in an organized fashion and, where appropriate, shall pass this information on to their successor.
E. Members are also expected to stay current on and to participate in the day-to-day communications between Members and between Members and GBOS Secretary. It is also expected that the communications between Members and between Members and the GBOS Secretary will be done in a cordial and business-like manner, regardless of an individual Member’s position on an issue or an individual Member’s affiliations or general beliefs. See also, Section II, Article 1 (B) regarding Recall and Vacancy.
Article 6: VOTING.
A. Conflict in Interest: No Member may vote on any question(s) upon which they have a direct or substantial but indirect financial interest. Any Member who has a conflict is to state this publicly and may request to be recused from the vote. Members may not abstain from voting without suppling a reason that is accepted by a majority of the GBOS members.
B. Reconsideration of Action: for reconsideration of any action taken by the GBOS, any Member on the prevailing side of a vote may move to reconsider immediately at the meeting in which the vote was taken or within twenty four (24) hours of the original vote. Notice to reconsider must be filed with Secretary; a second from any member must be filed with the Secretary within twenty four (24) hours. Motions to reconsider take precedence and must be the first order of business at the next meeting of the GBOS. The result of the Motion to Reconsider vote will take precedence over the original vote.
C. Motions. All motions must be stated in the positive.
D. Tie Votes: Upon a tied vote, the GBOS will take one (1) revote immediately. If the tie vote remains, the motion fails.
E. Voting Conclusions: The community’s stated objective is to provide unified statements and recommendations from the Girdwood community. (Conditional Use Permit has its own resolution process.) However, three possibilities exist regarding agreement between the Girdwood Board of Supervisors and the Land Use Committee:
The Girdwood Board of Supervisors votes in accordance with the Land Use Committee recommendations. In this case, all recommendations of the Girdwood Board of Supervisors shall include the official actions of the Land Use Committee without changes. The Girdwood Board of Supervisors may include additional supporting information and comments when sending forth the actions of both groups.
b. Not in agreement; no time restriction:
The Girdwood Board of Supervisors does not vote in accordance with the Land Use Committee recommendations and the requirement to report forth on the issue is not time restricted. In this case, the Girdwood Board of Supervisors will provide a written explanation of the dissenting GBOS action to the Land Use Committee, and will provide any and all additional and/or new information pertinent to the issue being considered, and request that the Land Use Committee reconsider their action in view of the additional and/or new information. An issue can be sent back to the Land Use Committee one (1) time for reconsideration by the LUC, and the issue in question must appear on the following month’s Land Use Committee agenda.
c. Not in agreement; time sensitive:
The Girdwood Board of Supervisors does not vote in accordance with the Land Use Committee recommendations and the requirement to report forth on the issue is time restricted. In this case, the Girdwood Board of Supervisors will provide a written explanation of the dissenting GBOS action to the Land Use Committee, and in sending the recommendations forward, will include the official actions of the Land Use Committee without changes, along with the official actions of the Girdwood Board of Supervisors and any relevant comments.
The Girdwood Board of Supervisors may also request an extension for advisory comments to be made, in which case the issue of dissent may be referred back to the Land Use Committee as described in “b” above.
F. Girdwood Board of Supervisors may attend meetings via telephone, however their attendance via telephone is not to be considered in reaching a quorum of members. Members participating via telephone may vote on items before the board.
Article 7: PUBLIC HEARINGS.
A. The Chair or Co-Chair is responsible to open the Public Hearing on a specific agenda item and to assign a timekeeper. Usually the timekeeper will be the Secretary.
B. All persons offering comment must state their full name and address.
C. Public Comment is limited to three (3) minutes per individual on the first round of comments. After all who wish to speak have had an opportunity, members of the public may request an additional one (1) minute to comment.
D. A Petitioner is limited to ten (10) minutes. The Petitioner may reserve any portion of that time for rebuttal at the end of the Public Hearing.
E. Persons wishing to comment in excess of allotted time must make a request to the GBOS for approval.
F. The Chair or Co-Chair may close the Public Hearing after all who wish to speak have had an opportunity to do so. A majority vote of the GBOS may reopen the Public Hearing.
Article 8: PRESENTATIONS.
A. All those wishing to give a presentation at a GBOS meeting shall be directed by Members or the Secretary to make a timely request to the Chair or Co-Chair to be placed on the next available GBOS Agenda.
B. All those making a presentation to the GBOS shall provide the following prior to the presentation:
1. Name of the person giving the presentation, contact numbers and addresses; and
2. Description of issue(s) to be covered in the presentation, including deadlines, if relevant;
3. If requesting GBOS action, provide a sample resolution or letter; and
4. Presenters will need to make their own prior arrangements for video and/or other displays.
C. Issues Needing A Vote – Issues needing a vote (action items) require a minimum of two presentations at two different meetings at least a month apart. At the first meeting the issue will be introduced as new business with as much information as possible and requested. This provides the community with enough time to digest the information and come to the next meeting with an informed opinion prepared for a vote. The second meeting presentation will provide all information necessary to visualize and comprehend the entire nature and scope of the project and any other special requirements. An exception may be an issue of extreme importance of a timely nature beyond the control of the principals and/or representatives, in which case only one meeting is necessary and the rules for second presentation apply.
D. Conclusion of Business and Guidelines for Process – There are three conclusions that may be used for deciding the outcome of a petitioner’s presentation. Land Use, Trails, Cemetery, and Public Safety Advisory Committees can vote to recommend that the GBOS write a:
|Letter of Objection:||When the vote is not in favor|
|Letter of Non-Objection:||When the vote is in favor, with no strong opinion or cause to write a:|
|Resolution of Support:||Used when the issue is of great concern and importance to the community.|
A specific request of either a Letter of Non-Objection (LONO) or Resolution of Support should be provided to the GBOS Secretary by the petitioner, along with draft language to be included in the document. The draft language will be updated to reflect the ideas and outcome of the committee discussions. If a Letter of Objection is to be written, the GBOS Secretary and members of the Land Use, Trails, Cemetery, or Public Safety Advisory Committees will draft the document for GBOS consideration and approval.
Article 9: BUDGET PROCESS.
A. The Mayor shall consult with the GBOS in preparing the annual budget for the service area, and the comments and suggestions of the GBOS concerning the budget shall be transmitted to the Assembly for its consideration (AMC 27.20.050).
B. The GBOS shall review and approve the budget using the following procedures and schedule:
1. At the regularly scheduled GBOS meeting in the Third Quarter (no earlier than July 1) of each fiscal year, the GBOS will introduce the proposed Girdwood Service Area operating budget for the coming fiscal year, January 1 through December 31. The proposed budget is developed combining the respective budgets from Fire Department, Parks and Recreation, Cemetery, Public Safety and Road Maintenance divisions. The budget may also contain additional budget items suggested by the GBOS or the community.
2. During a period of at least forty six (46) days, beginning on the day of the budget introduction, at least two (2) Public Hearings on the proposed Service Area operating budget will be held. Public Hearing dates will be announced during the introductory budget meeting and will be posted as outlined in Section I, G under the same conditions as Special Meetings.
3. After the last Public Hearing the GBOS will vote on and make advisory modifications, if necessary, to the proposed Girdwood Service Area Budget and transmit the budget document to the MOA Office of Management and Budget no later than the beginning of the last full week in the Third Quarter (end of September).
4. The final Girdwood Service Area budget will be presented to the Service Area in the beginning of the Fourth Quarter (October) at which time a final Public Hearing will be held on the final budget document. After the final Public Hearing the GBOS will vote on and make advisory modifications, if necessary, to the final Service Area Budget and return the document to the MOA Office of Management and Budget who will transmit the final Service Area Budget to the Mayor for review and then to the Assembly for approval.
Article 10: CONDITIONAL USE PROCESS.
The GBOS will consider only those requests for Conditional Use Applications that have been received thirty (30) days in advance of the next scheduled meeting.
Presenters will address the LUC and GBOS boards and public from the front of the room at each meeting. Presenters should expect between 10-30 people in attendance.
Electronic copies of materials to be presented are requested to be provided to staff 1 week prior to the meetings at: firstname.lastname@example.org.
Maps and drawings should be printed in a large enough format to be easily viewed by the entire room, or provided in electronic format to be displayed on screen.
Handout materials should be copied and provided at the back of the room for public (approximately 20 copies) and for the LUC Officers (3), GBOS members (5), and staff (2).
Presentations should be clear and concise, not lasting longer than 15 minutes. After presentation, the board members will ask questions and will invite the public to ask questions and speak about the project.
Initial presentation is to be scheduled by the petitioner at the LUC and GBOS Regular monthly meetings.
LUC meetings are held the 2nd Monday of every month.
GBOS meetings are held the 3rd Monday of every month.
It is necessary for the petitioner to begin at the LUC, with the GBOS meeting the following week.
How to schedule initial presentation:
Petitioner must schedule the initial presentation at least one week in advance of the LUC Regular Monthly meeting. Exceptions to be approved by the Land Use Committee Chair. Requests are to be made by email: email@example.com or by calling 343-8373. Name of the project, location, and name of the individual(s) who will present are needed. The item will appear on the agenda as New Business at each of these meetings, unless special meetings need to be called due to time sensitivity.
What to bring to the initial LUC and GBOS presentations:
• Preliminary Site Plan
• Floor Plan
• Elevations all around
• Zoning status of that site and lands abutting the site
• Statement of projected positive impacts
• Statement of possible negative impacts
• Road development plans
• Statement of any expected requests for variances from zoning regulations
Second Presentation: The Second Presentation will be scheduled once the petitioner’s Planning and Zoning (P&Z) Department packet is received by Girdwood Municipal Staff. Presentation must occur prior to the petitioner’s P&Z hearing.
How to schedule second presentation: When petitioner’s P&Z packet is received by Girdwood Municipal Staff, the petitioner will be notified and the 2nd presentation will be scheduled at the next LUC and GBOS meetings, unless special meetings need to be called due to time sensitivity. The item will appear on the agenda as Old Business at each of these meetings.
What to bring to the Second LUC and GBOS Presentations:
• 35%-65% design plan with drawings, engineering, grading and drainage, watershed report, parking
• Updated versions of all items from the initial presentation
• Specific request for and draft language of Letter of Non-Objection or Resolution of Support
With this information, the public will be able to consider and comment on the project in time for the P&Z hearing.
At the LUC meeting, the petitioner will present their project and make known their request for a LUC recommendation that GBOS to write a Letter of Non-Objection (LONO) or Resolution of Support to P&Z.
The LUC and public will ask questions of the petitioner. LUC will take note of the public’s comments regarding the project and will call for a vote of the public in attendance at this meeting regarding the LONO or Resolution of Support. This information and vote tally will be forwarded on to the GBOS.
At the GBOS meeting the following week, the petitioner will present their project, addressing the comments heard at the LUC meeting, and will make a formal request for a LONO or Resolution of Support to be written to P&Z. GBOS and public in attendance will ask questions of the petitioner. After hearing the presentation and public comment, and considering the input provided from LUC, the GBOS will vote on the request for a LONO or Resolution of Support.
Conflict Resolution of Conditional Use Permit Items - In the event that the votes in LUC and GBOS are not in agreement, LUC and GBOS will schedule a separate public meeting with the petitioner to discuss the project. Whether the LUC and GBOS come to agreement or not, the positions of both LUC and GBOS will be forwarded to MOA Community Planning Department within three (3) working days. A copy of the correspondence forwarding the GBOS/LUC votes shall be given to all GBOS/LUC board members for review and comment before being sent to the MOA.
Note: Any changes to the Timeline and Number of Presentations for Conditional Use Permit Presentations in the LUC Operating Principles must be coordinated with the same document in the GBOS Rules and Procedures, and vice-versa.
Article 11: POLICY/PROCESS FOR VACATING RIGHTS OF WAY AND EASEMENTS. (Adopted 11/16/1998, revised 5/21/2001)
A. Pursuant to the requirements of AMC, Title 21.15.130.A, no petition for vacation should be favorably acted upon by the GBOS unless the Petitioner demonstrates to the GBOS that the area to be vacated is of no further use to the MOA and the Girdwood Service Area.
B. It will be the responsibility of the Petitioner to provide to the GBOS the information required by AMC, Title 21.15.130.B. Sufficient information will be provided to allow the GBOS to evaluate not only the impact on the subject parcel(s), but also all parcels benefiting from the dedication, which is to include adjacent properties. Maps shall be provided as required by AMC, Title 21.15.130.B.2.b, including the location of all known public improvements within the area being vacated.
C. The burden of proof that the vacation has no adverse effect on the MOA and on the Girdwood Service Area rests with the Petitioner. Should the GBOS recommend approval of a vacation petition, it shall list findings of fact supporting the vacation. The findings of fact will at a minimum:
i. Demonstrate the property to be vacated is of no further use to the MOA.
ii. Demonstrate that the transfer of the vacated parcel will not adversely affect the maintenance and operation of present and future uses, including utility placement, pedestrian and trail use, snow removal and storage, and drainage.
iii. Show that the vacation is in compliance with all adopted and proposed plans affecting the area either directly or indirectly. Such plans will include, but not be limited to the Girdwood Area Plan, the Official Streets and Highways Plan, Subdivision and Land Use Regulations listed in AMC Title 21, the Anchorage Area Wide Trails Plan, The Girdwood Trails Committee Plans, the Girdwood Commercial Area and Transportation Master Plan and other plans deemed appropriate with respect to the area affected.
iv. Give consideration to access for public safety officers, emergency medical services, and firefighters. The Girdwood Volunteer Fire & Rescue, Inc. (hereafter “GVF&R”) shall be consulted before right of way or easement vacations are granted. The written opinion of the GVF&R shall be included with all petitions for vacation of rights of way and/or easements.
D. The GBOS shall not consider previously vacated Rights of Way as justification for recommending approval of a specific vacation petition. Each petition shall be addressed in its own right.
E. This policy is to be utilized when evaluating vacation of Rights of Way or Easements only. A separate policy will be proposed for variance requests. Encroachments in the Rights of Way and Easements will require vacation petitions.
Article 12: CORRESPONDENCE FROM THE GBOS.
A. Only the Chair or Co-Chair have the authority to sign letters on behalf of the GBOS.
B. The individual drafting a letter should send the draft to the Secretary and all Members, preferably via e-mail, for group review prior to finalization.
C. A deadline for comments and/or revisions should be noted in the e-mail message. If possible, at least a week should be allowed for comments. If no comments are received by a Member, it will be assumed that Member has no comment; individual Members will not be contacted or reminded to comment.
D. All comments and edits are sent to the Chair or Co-Chairs and the Secretary and copied to all other Members. Comments may be copied to all other Members. Send comments as a separate document; do not edit the letter itself. State the page number, paragraph number and note revision or comment.
E. The Secretary shall redistribute the letter, if time permits, for a final review by all Members.
Article 13: EMERGENCY PERMITTING PROCEDURE. (Adopted in 1999)
A. In instances where quick action is needed in order to protect the community from flooding the following emergency permitting procedures shall be followed:
1. The Fire Chief or Road Contractor will notify the GBOS Road Supervisor of the need to take protective action.
2. The GBOS Roads Maintenance Supervisor will contact MOA Street Maintenance Division hotline at 343-8277 to inform the MOA of the situation and request their assistance in obtaining a permit.
3. If the GBOS Roads Maintenance Supervisor is not available, the GBOS Chair or Co-Chair shall make this call. If the GBOS Chair or Co-Chair is not available, the GVF&R Fire Chief shall make this call.
4. MOA Street Maintenance shall contact the on-call MOA Street Maintenance foreman who will call the Alaska Department of Fish & Game (ADF&G) regarding the emergency permit.
Article 14: AMENDMENTS TO THE GIRDWOOD BOARD OF SUPERVISORS RULES AND PROCEDURES.
A. The Rules of Procedure for the GBOS may be amended by a majority of the GBOS. Proposed amendments shall be communicated by the Secretary to each Member and posted as outlined in Section I, G not less than twenty-eight (28) days prior to a regular meeting. The Secretary shall document transmittal and public posting of the proposed amendments.