02/23/2010 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR39 | |
| HJR46 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 46 | TELECONFERENCED | |
| *+ | HJR 39 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
February 23, 2010
8:03 a.m.
MEMBERS PRESENT
Representative Bob Herron, Co-Chair
Representative Cathy Engstrom Munoz, Co-Chair
Representative John Harris
Representative Wes Keller
Representative Charisse Millett
Representative Sharon Cissna
Representative Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 39
Disapproving the Local Boundary Commission recommendation
regarding the annexation of territory to the City of Fairbanks.
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 46
Urging Congressional support for the reauthorization of the
Denali Commission.
- MOVED HJR 46 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 39
SHORT TITLE: DISAPPROVING FAIRBANKS ANNEXATION
SPONSOR(s): REPRESENTATIVE(s) T.WILSON
01/27/10 (H) READ THE FIRST TIME - REFERRALS
01/27/10 (H) CRA
02/23/10 (H) CRA AT 8:00 AM BARNES 124
BILL: HJR 46
SHORT TITLE: SUPPORTING DENALI COMMISSION
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS
02/19/10 (H) READ THE FIRST TIME - REFERRALS
02/19/10 (H) CRA
02/23/10 (H) CRA AT 8:00 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the prime sponsor of HJR 39.
TERRY STRLE, Mayor
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HJR 39.
CYNTHIA KLEPASKI, Assistant Borough Attorney
Department of Law
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: Encouraged the committee to pass HJR 39.
MICHAEL LAMB, Chief Financial Officer
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, answered
questions.
ERLING JOHANSEN, Assistant Attorney General
Labor and State Affairs Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: During hearing of HJR 39, offered
information.
LYNN CHRYSTAL, Chair
Local Boundary Commission
Valdez, Alaska
POSITION STATEMENT: During hearing of HJR 39, reviewed the
process the LBC followed with the Fairbanks annexation.
DOMINIC LOZANO, President
Fairbanks Firefighters Association;
Member, Fairbanks Fire Department
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HJR 39.
BILL SCHECHTER
University Fire Service Area Commission
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, expressed
concerns with the proposed annexation.
VIVIAN STIVER, Member
Fairbanks City Council
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, opposed annexing
the [Fred Meyer] parcel.
EDITH CURRY, Chief
University Fire Department
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, explained the
details of the University Fire Department.
BILL ZORB
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 39 and
opposition to the annexation.
HANK BARTOS, Member
Fairbanks North Star Borough Assembly
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 39.
SENATOR JOE PASKVAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During hearing of HJR 39, testified in
support of the LBC's determination on the proposed Fairbanks
annexation.
BRENT WILLIAMS, Staff Supervisor
Local Boundary Commission
Division of Community and Regional Affairs
Department of Commerce, Community, & Economic Development
Anchorage, Alaska
POSITION STATEMENT: During hearing of HJR 39, answered
questions.
MIKE PRAX
North Pole, Alaska
POSITION STATEMENT: Encouraged the committee to forward HJR 39
so that the entire legislature can vote on it.
MERRICK PIERCE
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 39.
FRANK TURNEY
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 39.
GLEN DESPAIN
Fairbanks, Alaska
POSITION STATEMENT: Urged passage of HJR 39.
HARRY DAVIS
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, testified in
support of annexation.
SHERRELYN ARGEND
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, asked for the
committee's help.
JERRY CLEWORTH, Member
Fairbanks City Council
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, characterized the
proposed annexation as about money not services.
GLENN SHAW
North Pole, Alaska
POSITION STATEMENT: Testified in support of HJR 39.
ASA DOWDY
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 39.
LADD MCBRIDE
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 39.
PATRICK COLE, Chief of Staff
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, reviewed the
history of the proposed annexation.
LAREN ZAGER, Chief of Police
Fairbanks Police Department
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, expressed his
belief that the Fairbanks Police Department is prepared to
provide service to the area proposed to be annexed.
BEN STEWART
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, expressed the
need for there to be a vote on this matter.
ERNIE MISEWICZ, Assistant Fire Chief
Fairbanks Fire Department
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: During hearing of HJR 39, expressed concern
about public safety were the annexation approved.
ACTION NARRATIVE
8:03:01 AM
CO-CHAIR BOB HERRON called the House Community and Regional
Affairs Standing Committee meeting to order at 8:03 a.m.
Representatives Herron, Munoz, Keller, and Gardner were present
at the call to order. Representatives Harris, Millet, and
Cissna arrived as the meeting was in progress. Also in
attendance were Representatives Guttenberg, Ramras, Kawasaki,
and Johanson as well as Senators Thomas and Paskvan.
HJR 39-DISAPPROVING FAIRBANKS ANNEXATION
8:03:24 AM
CO-CHAIR HERRON announced that the first order of business would
be HOUSE JOINT RESOLUTION NO. 39, Disapproving the Local
Boundary Commission recommendation regarding the annexation of
territory to the City of Fairbanks.
8:04:01 AM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, speaking
as the prime sponsor of HJR 39, explained that HJR 39 would
disapprove the Local Boundary Commission's (LBC) decision to
annex two territories in the Fairbanks North Star Borough. The
disapproval, she related, is primarily based upon the fact that
residents weren't provided the opportunity to vote on the
annexation, which most oppose. Furthermore, the annexation
would slow emergency response time to the annexed areas.
Representative T. Wilson reminded the committee that the LBC is
a statewide five-member commission that processes petitions on
incorporation of cities, boroughs, and unified municipalities,
reclassification of cities, and municipal annexations,
detachments, dissolutions, mergers, and consolidations. She
further reminded the committee that under Article X, Section 2,
the legislature is the final reviewer of boundary change
proposals. She then explained that there are two processes
through which annexation can be initiated. One process is via a
proposal that is ultimately forwarded to the legislature for
review, which is the case with this resolution. The second
process is local action in which residents vote on the boundary
change. In either case, the LBC must approve and is involved in
the process. In the case of the Fairbanks annexation, the
residents didn't vote on a petition and thus the legislature
serves as a substitute for the vote of the people impacted in
this area. Regarding whether the residents in the affected
areas want annexation, Representative T. Wilson related that
over 90 percent of the residents living in and around the
enclave lots and 100 percent of the businesses in the commercial
subdivision oppose annexation. After approaching the enclave
lot owners, it was determined that only one homeowner wanted to
be annexed. That homeowner could be annexed into the borough
because the LBC has a provision that those residents who desired
becoming part of the city could do so by petitioning the city.
She noted that the committee packet includes letters in
opposition to the annexation from the three commercial entities
that would be impacted. Additionally, the Fairbanks City
Council has been split on the proposed annexation. The
Fairbanks North Star Borough and Assembly have consistently
opposed the annexation, she noted.
REPRESENTATIVE T. WILSON stated that there are a number of other
reasons to disapprove the LBC's report, which are outlined in
the sponsor statement. There were a number of legal standards
that were misconstrued. For instance, as regulation specifies,
annexation shouldn't take place if it causes a detriment to
emergency services. She cautioned that she's not speaking about
whether the city or the borough has better police or fire
service. The issue, she said, is the proximity of emergency
services for the area to be annexed. The fire service area
station is a few blocks from the area to be annexed while the
city fire station is a few blocks away from the area to be
annexed.
REPRESENTATIVE T. WILSON explained that at the beginning of
session, the LBC report was [provided to the legislature]. If
no action is taken in 45 days, the annexation would be approved.
However, a resolution to disapprove the annexation can be
introduced, which is the case with HJR 39. This resolution
provides a venue for the residents of the area to be annexed to
have their voices heard by the committee. In conclusion,
Representative T. Wilson requested that the committee disapprove
the LBC report by supporting HJR 39 because the annexation will
harm public safety and negatively impacts the Fairbanks North
Star Borough and fire service area budgets. Furthermore, an
overwhelming majority of residents oppose the annexation. She
reminded the committee that the legislature only has until March
4th to respond.
8:09:39 AM
CO-CHAIR HERRON recalled testimony that the annexation petition
wasn't voted on by the residents.
REPRESENTATIVE T. WILSON clarified that the legislative review
process doesn't allow a vote while the local process does. She
informed the committee that the enclave lots have held a vote in
which those residents voted down annexation by the city. The
city, she opined, should be able to sell its services [in order
for annexation to occur]. She further opined that the
legislative review process should only occur when there are no
residents in the area to be annexed.
8:11:27 AM
CO-CHAIR MUNOZ inquired as to the process that would've resulted
in a vote by the area to be annexed.
REPRESENTATIVE T. WILSON explained that the process would've
begun as a vote. A petition would've still been forwarded to
the LBC for review and a decision as to whether the annexation
did or did not meet the standards. Once the annexation met the
standards, a vote would've been taken. In further response to
Co-Chair Munoz, Representative T. Wilson clarified that the
[petitioner, which is the entity that petitions for the
annexation] chooses the process. In this case, the City of
Fairbanks chose the legislative review process under which a
vote is not required.
8:12:27 AM
CO-CHAIR HERRON asked if the LBC could've asked the petitioner
to utilize the vote process.
REPRESENTATIVE T. WILSON answered that she didn't believe so as
she said she understands it was up to the City of Fairbanks, as
the petitioner, to choose the process it wanted to follow. The
LBC could've denied the legislative review, she offered.
8:14:05 AM
TERRY STRLE, Mayor, City of Fairbanks, reminded the committee
that the City of Fairbanks lies within the Fairbanks North Star
Borough. There are about 30,000 residents within the City of
Fairbanks and 70,000 residents within the borough. Over the
course of many years, the City of Fairbanks has used annexation
sparingly. She explained that the part of the annexation
referred to as the enclave lots includes a mix of houses in the
city and out of the city, which she attributed to the utilities
and utility services in the area. Mayor Strle acknowledged that
the legislative process doesn't allow residents to vote on the
annexation. The city didn't believe that the residents of the
enclave community, who have received city services for free for
many years, would've voted for the annexation. The enclave
residents have their streets are plowed and potholes filled [by
the city]. In fact, she related her understanding that many of
the enclave residents take their garbage across the street to
their neighbor for pickup. The enclave residents should be in
the city as they have been benefiting from the city for many
years. The other part of the annexation is the Fred Meyer
subdivision, which has no [residents]. She informed the
committee that as part of the annexation process, everyone who
would be impacted was alerted. Prior to the council taking the
vote to proceed with the annexation, Fred Meyer and Mt. McKinley
Bank both wrote letters in opposition to the annexation.
However, neither of those businesses or Taco Bell chose to
oppose the annexation with the LBC. This has been a two-year
process in which there were multiple opportunities for
businesses and residents to oppose the annexation, but they
chose not to do so. She referred to a map and binders that hold
the lengthy amount of information on the annexation. She
characterized this annexation process as exhaustive and praised
the LBC staff and commissioners for doing an exceptional job.
MAYOR STRLE emphasized that the City of Fairbanks has been
providing services to the areas proposed for annexation for some
time already. She noted that she attended a recent University
Fire Service Area (UFSA) meeting during which the commissioners
noted that there is currently inadequate commercial fire and
building code inspections. The UFSA is the area that serve s
the Fred Meyer subdivision. The commissioners were looking to
the University of Alaska Fire Department to perhaps take on fire
and building code inspections in the future. Mayor Strle told
the committee that some of the commercial facilities in the area
to be annexed have never been inspected, unlike those in the
city. The aforementioned was considered by the LBC. The city
wouldn't have started this process without having the confidence
that it could provide full city services, including police,
fire, and emergency medical service (EMS). She noted that she
provided the committee with letters of support from an EMS
doctor, a hotel and apartment complex, and the Alaska State
Troopers. Having the City of Fairbanks annex this area would
relieve a small portion of the burden on the Alaska State
Troopers who currently provide services in the area to be
annexed. There has been no formal opposition to this
annexation. In conclusion, Mayor Strle reiterated that this has
been an exhaustive and thorough annexation process during which
the LBC acted appropriately. Therefore, she encouraged the
committee to vote against HJR 39.
8:20:59 AM
MAYOR STRLE, in response to Representative Keller, clarified
that the annexation does include the enclave lots and the
commercial subdivision.
8:21:33 AM
MAYOR STRLE, in response to Representative Guttenberg, related
that the UFSA is opposed to the annexation. However, during the
aforementioned UFSA meeting there was discussion of the need for
fire code inspections for UFSA businesses. These inspections
were felt to be important in terms of the quality of service
provided as well as the [safety it provides] for the volunteers
who are the UFSA responders.
8:22:34 AM
REPRESENTATIVE GARDNER, referring to a document entitled "Fact
Sheet City of Fairbanks Annexation," directed attention to the
claims from Marc Dumas, MD, EMS, that city paramedics provide a
higher level of service than the UFSA EMT students from a
substation that isn't always staffed. However, the sponsor has
pointed out that UFSA is located closer to the area to be
annexed and can respond more quickly in the event of an
emergency. She surmised that Dr. Dumas' comments seem to
indicate that the medical response for UFSA by students.
MAYOR STRLE said that although she didn't want to discount the
services UFSA provides, the station is mostly manned by
students who are learning.
8:24:50 AM
REPRESENTATIVE GUTTENBERG expressed concern that the City of
Fairbanks didn't bifurcate the proposal and have an annexation
proposal for the enclave lots and another for the Fred Meyer
subdivision.
MAYOR STRLE characterized this annexation, with a combination of
residential and commercial areas, as a very common practice.
When the city originally reviewed the annexation, the city
focused on the Fred Meyer subdivision. However, when reviewing
the map a question arose regarding the enclave lots. The LBC,
in a previous annexation, recommended including the enclave lots
in the annexation.
8:25:41 AM
REPRESENTATIVE GUTTENBERG pointed out that the areas within the
annexation are so very different: a residential area and a
commercial facility. He questioned whether it would've been
more efficient to have separated the different annexation areas.
MAYOR STRLE replied no, both areas have received city services
for many years and haven't contributed to the city's revenue
stream for those services. For instance, city police respond to
an accident on the corner of University and Airport Road even
though it's a state-maintained road. Furthermore, the city
police have the only technology to respond to a bank robbery;
there are two banks in the area to be annexed. Both of the
areas proposed to be annexed benefit from city services yet they
don't contribute to the city.
8:27:03 AM
REPRESENTATIVE GUTTENBERG questioned whether that could be said
about all of the communities along the city's boundary.
MAYOR STRLE acknowledged that such could be said, and added that
the City of Fairbanks needs to receive revenue for those who
benefit from its services. Therefore, she expressed the need to
form a committee for future annexations as there have been
comments regarding the need to look larger with future
annexations. She told the committee that her philosophy has
been to start small with annexation.
8:28:49 AM
CO-CHAIR HERRON characterized the City of Fairbanks annexation
as an "interesting carve out." He inquired as to why the
residents south of Fred Meyer weren't considered in this
annexation.
MAYOR STRLE related that although the aforementioned area was
considered for annexation, the area proposed for annexation was
chosen because it's already receiving city services. She
recalled that the residents behind the Fred Meyer subdivision
have related that they receive response from the Alaska State
Troopers, the University police, as well as the city police.
However, the city is clearly [a responder] at the Fred Meyer
subdivision.
8:30:34 AM
REPRESENTATIVE HARRIS inquired as to why the city is providing
services to these residents who don't pay for them.
MAYOR STRLE replied that the city is part of a community and it
cares about that community. The city has long had a working
relationship with the Alaska State Troopers. In a situation in
which the city police are closer for a particular call, the city
police will respond. The majority of the residents of the
Fairbanks North Star Borough think Fred Meyer
West is part of the community. Furthermore, it would be a
tragedy not to respond to an incident that's just across the
street. In fact, Mayor Strle opined that when Fred Meyer chose
the spot to construct it likely realized that as well.
8:31:47 AM
REPRESENTATIVE HARRIS inquired as to how long the city has
offered its services to these residents for free.
MAYOR STRLE recalled that Fred Meyer has been there for more
than 30 years. As a 30-year member of the community, Mayor
Strle opined that the City of Fairbanks has been [providing
services in the area to be annexed].
REPRESENTATIVE HARRIS surmised then that the City of Fairbanks
has been offering services for some time and hasn't received any
revenue for those services, which the city likely won't stop
offering.
MAYOR STRLE noted her agreement with that assessment. She then
reminded the committee that the quality of service the city
provides is something that the borough isn't able to provide.
The city is able to provide building code inspections and public
works as well as fire and police services. The LBC reviewed the
basket of services that the City of Fairbanks could provide to
this very populated area. She opined that what the city can
provide is in the best interest of residents of the borough.
8:33:24 AM
REPRESENTATIVE HARRIS surmised then that Mayor Strle believes
the LBC hasn't done anything wrong and followed the letter of
the law.
MAYOR STRLE replied yes, although she acknowledged that there
are those who don't believe the legislative process is
appropriate.
8:34:59 AM
CYNTHIA KLEPASKI, Assistant Borough Attorney, Department of Law,
Fairbanks North Star Borough, informed the committee that the
Fairbanks North Star Borough Assembly passed several resolutions
opposing this annexation. The borough isn't opposed to all
annexations; the borough doesn't oppose annexations that make
sense. The borough doesn't believe the annexation of the Fred
Meyer property to the city makes sense. Ms. Klepaski opined
that the legislative review process is very important,
especially when the area to be annexed has no voters and/or no
vote of the residents in the area to be annexed is taken. She
further opined that this proposed annexation of the Fred Meyer
subdivision is going to create the same enclave situation that
the city is trying to resolve. The Fred Meyer subdivision is
surrounded on three sides by the borough and the annexation
doesn't include the residential subdivision to the south nor
does it include the business district to the west of the Fred
Meyer subdivision. The borough believes those residential areas
aren't included because it would mean the city would face new
streets to plow and garbage to collect. Furthermore, the
businesses to the west of the Fred Meyer subdivision would
require many services, much more than the Fred Meyer
subdivision. All of the aforementioned would increase the
city's costs. Ms. Klepaski said that there has been no showing
of need for this annexation. Although Fred Meyer and Mt.
McKinley Bank wrote letters opposing the annexation at the
beginning of the process and made no comments since, those
letters in opposition to the annexation are on the record. She
then directed the committee's attention to an aerial map showing
the distances between all the fire stations in the area and the
Fred Meyer West subdivision. The University Fire Station 2 is
.6 miles from Fred Meyer and is the closest responder. The City
of Fairbanks main fire station is located 3.1 miles from Fred
Meyer and would have to travel one of the busiest roads in
Fairbanks and through 10 lighted intersections to access the
Fred Meyer subdivision. Although the fire trucks and ambulances
have the ability to change the light, one must slow down and
manage through the intersections. The faster the response to a
major medical incident, such as a heart attack, the more likely
lives will be saved and people helped, she remarked.
8:41:10 AM
MS. KLEPASKI informed the committee that this proposed
annexation would remove the second largest taxpayer in the UFSA.
The municipality, she opined, believes it's poor public policy
for one municipality to financially cannibalize another. She
explained that borough residents would face an increase in
taxation in order to cover the loss of revenue from the
annexation. However, there would be an increase to the city
coffers by over $600,000, but only cost the city $52,000. The
$52,000 is specified in the petition by the city. Therefore,
the legislature should perform a cost benefit analysis,
especially when there's no public vote on the proposed
annexation. Ms. Klepaski opined that the taxpayers aren't
obtaining a good deal as there are increases to the borough
residents because of the loss of the alcohol tax and the
nonareawide taxes charged in the area proposed to be annexed.
Furthermore, there would be an increase in cost to UFSA because
of the loss of the property taxes as well as an increase in
costs to the Fred Meyer subdivision owners in terms of property
taxes, fees, and licenses. She estimated that the increase for
the Fred Meyer subdivision owners would be approximately $68,000
per year, although there is no significant increase in services.
With regard to the mention of the building codes, Ms. Klepaski
pointed out that the buildings are already built and unless
there is new construction there wouldn't be an increase in those
services. There are no streets to clear or maintain and no
garbage collection within the subdivision and the subdivision
already has fire and ambulance service, which is closer than the
city's fire and ambulance service. Ms. Klepaski opined that
there has been no showing of need for the annexation. The city
is proposing to annex a high-income producing property and not
the residential area to the south or the older commercial area
to the west. Moreover, UFSA is closer to the Fred Meyer
subdivision and can more efficiently provide services to it. In
conclusion, Ms. Klepaski expressed hope that the committee will
pass HJR 39.
8:44:20 AM
CO-CHAIR MUNOZ inquired as to how the borough mill rate compares
to the city's mill rate.
MS. KLEPASKI clarified that the figures she has provided to the
committee, the loss of $480,000 by the borough and the increase
to the city of $600,000, don't take into account the areawide
taxes that the borough would continue to charge in both areas.
She explained that if the annexation passed, the EMS, solid
waste, economic development, and UFSA taxes wouldn't be taxed to
the Fred Meyer subdivision. However, the 4.9 mill rate that the
city currently taxes its residents would tax the subdivision.
Therefore, the difference plus the loss in alcohol tax would
result in a total loss of about $480,000 and the city would gain
about $660,000.
8:45:50 AM
REPRESENTATIVE HARRIS asked if Ms. Klepaski believes the LBC has
followed the law.
MS. KLEPASKI replied yes. However, the borough believes the
process was flawed in the following two ways. Firstly, the LBC
didn't allow direct examination of the borough's witnesses
although the LBC treated the process as quasi judicial. More
importantly, neither party was allowed to cross examine the
witnesses on the other side. The aforementioned can result in
not airing all the information. Secondly, the LBC required that
the LBC member from the Fourth Judicial District, Tok, be
recused, although he would be most knowledgeable of the area to
be annexed. This LBC member was forced to be recused because
his daughter worked for the Fairbanks North Star Borough.
8:47:36 AM
REPRESENTATIVE HARRIS expressed concern with the claim in the
committee packet that the if the proposed annexation is
approved, the first response for fire service in the annexed
area would be approximately eight times longer than the current
response time. Is that the case because UFSA wouldn't respond
if the area is annexed, he asked.
MS. KLEPASKI replied yes, adding that the city would be the
first responder.
REPRESENTATIVE HARRIS asked if UFSA would stop responding if the
annexation is approved.
MS. KLEPASKI replied no, and explained that there is a mutual
aid agreement between the UFSA and the city, which would
continue. During the testimony before the LBC, it was related
that UFSA provides more mutual aid to the city than does the
city to outside its boundaries. Ms. Klepaski said that under
the mutual aid agreement, the UFSA would still respond in the
city, when requested. However, when an ambulance is called, the
city would be the first responder.
8:49:59 AM
REPRESENTATIVE GUTTENBERG inquired as to how much of the burden
of making up the loss of revenue will be borne by the property
taxpayers in the city.
8:50:41 AM
MICHAEL LAMB, Chief Financial Officer, Fairbanks North Star
Borough, explained that basically four taxing jurisdictions
would be impacted. [If the annexation is approved] the city
residents would face an increase in the areawide total mill rate
to help cover the loss of the alcohol tax revenue from Fred
Meyer. Essentially, every taxpayer in the borough will pay more
taxes, but city residents will pay proportionally less taxes
than UFSA residents who will be hit the hardest. With regard to
the earlier question about the differential, Mr. Lamb explained
that if the areawide [tax] is set aside and the Fred Meyer
properties are only reviewed, the difference in the city mill
rate versus the cost for EMS, there is a 2.112 mill difference
increase in the cost to the Fred Meyer businesses, which is
about $52,000 per year in additional cost.
8:53:20 AM
ERLING JOHANSEN, Assistant Attorney General, Labor and State
Affairs Section, Department of Law, interjected that the case is
a 602 appeal to the superior court filed by the borough.
8:53:35 AM
LYNN CHRYSTAL, Chair, Local Boundary Commission, informed the
committee that about a year-and-a-half ago the city approached
the LBC staff and asked questions, which resulted in the
beginning of the process. The process begins by the staff
answering questions and holding short hearings that are held in
the Fairbanks area after notice has been given. Eventually, the
LBC receives a preliminary report that evolves into a final
report. After the final report, there is a public hearing.
This process evolves over the course of many months and the
attorney general's office is closely involved. With regard to
the earlier testimony that the LBC member was forced to recuse
himself, Mr. Chrystal said that's false. The LBC member, Mr.
Wilson, asked the LBC to be recused because his daughter is the
Fairbanks North Star Borough attorney, which is reflected in a
set of LBC minutes.
8:55:37 AM
CO-CHAIR HERRON asked if Mr. Wilson would've been able to remain
involved if his daughter recused herself from anything regarding
the petition.
MR. CHRYSTAL said he couldn't answer that question.
8:56:28 AM
REPRESENTATIVE GUTTENBERG asked if the LBC obtained a legal
opinion regarding whether being bias or having a conflict of
interest is a reason for recusal.
MR. CHRYSTAL deferred to Mr. Johansen.
8:57:16 AM
REPRESENTATIVE HARRIS related his understanding that the LBC is
a five-member commission and it takes a normal majority, three
members of a five-member committee, to pass any items.
MR. CHRYSTAL stated his agreement. In further response to
Representative Harris, Mr. Chrystal informed the committee that
it was a 3:1 vote [on the Fairbanks annexation].
8:58:22 AM
MR. CHRYSTAL recalled the earlier testimony regarding the small
enclave lots that were mixed city and borough lots. He related
that during the annexation hearing process, both the city and
the borough agreed that the enclave lots should be annexed,
although the testimony today indicates otherwise. Mr. Chrystal
related that the LBC doesn't actively pursue annexations, rather
it addresses those petitions for annexation that it receives.
8:59:19 AM
CO-CHAIR HERRON made the observation that the LBC consists of
outstanding Alaskans, but most of the LBC members are relatively
new to the process, save the member from Barrow.
MR. CHRYSTAL agreed, adding that he has only been with the LBC
for three years. He acknowledged that there have been a few
resolutions before the legislature, but none have been
overturned in over 20 years.
9:01:11 AM
REPRESENTATIVE GUTTENBERG asked if the LBC considered including
the residential subdivision to the south and the west of Fred
Meyer.
MR. CHRYSTAL responded that the LBC reacted to what the City of
Fairbanks proposed to the LBC. The LBC didn't try to change the
City of Fairbanks area. In further response to Representative
Guttenberg, Mr. Chrystal acknowledged that the LBC could have
made changes to the proposal.
9:02:13 AM
CO-CHAIR HERRON asked if Commissioner Harrington's decision of
dissent was discussed and debated at the commission level.
MR. CHRYSTAL replied yes, during the public hearing. In further
response to Co-Chair Herron, Mr. Chrystal confirmed that the
dissenting opinion was published at the same time as the
majority opinion. He opined that it was a narrow dissent that
focused on only one issue.
9:03:31 AM
MR. JOHANSEN, in response to earlier questions, referred to
Article X, Section 3, of the LBC bylaws of June 2, 2009, in
which it says:
(3) Unless exempted under (b) of this section, a
member of the commission may not participate in a
proceeding if the member has a personal interest in or
is affiliated with a party to the proceeding or an
organization that advocates a position with respect to
the proceeding.
MR. JOHANSEN recalled that the authority for the recusal was
referenced in the minutes addressing the recusal.
9:04:28 AM
REPRESENTATIVE HARRIS asked if Mr. Chrystal wanted to address
the borough attorney's comments regarding the lack of cross
examination of the witnesses.
MR. CHRYSTAL said he didn't want to comment on that matter
because it's part of the lawsuit. In further response to
Representative Harris, Mr. Chrystal clarified that the borough
wasn't in favor of the Fred Meyer annexation, but the city and
the borough agreed that the enclave lots should be annexed.
REPRESENTATIVE HARRIS related his understanding that the borough
now opposes the entire annexation. He then inquired as to when
that change of position occurred.
MR. CHRYSTAL answered that he didn't know when the borough
changed its position on the enclave lots.
9:06:05 AM
CO-CHAIR HERRON informed the committee that it could go into
executive session to ask questions of the LBC that it can't
answer in a public hearing due to the administrative appeal.
9:07:34 AM
DOMINIC LOZANO, President, Fairbanks Firefighters Association;
Member, Fairbanks Fire Department, related his opposition to HJR
39. Although this annexation has [resulted in accusations] that
one fire department does a better job than another fire
department, both fire department's have their advantages.
Obviously, the UFSA department is much closer to the Fred Meyer
commercial property. There has also been an argument that the
City of Fairbanks Fire Department provides paramedic level
service rather than EMT level service, which is provided by
UFSA. Noting that he may be biased since he is a paramedic, Mr.
Lozano opined that paramedics can provide better service,
particularly for major life-threatening injuries. With regard
to the fire department side of the matter, he pointed out that
each department uses different strategies in terms of staffing
and such. In fact, Mr. Lozano stated that a fire at the Fred
Meyer property would result in the presence of both fire
departments. Furthermore, a large fire at Fred Meyer would
likely require every firefighter in the borough and there would
still likely not be enough. However, he highlighted that the
City of Fairbanks Fire Department would offer fire prevention in
terms of inspections and code enforcement. He emphasized the
importance of inspections, particularly at the Taco Bell
property. He estimated that approximately 90 percent of the
fire responses to commercial restaurants are due to grease
concerns. With regard to the enclave lots, Mr. Lozano opined
that it's a "no-brainer" that they should be part of the city.
Technically, the City of Fairbanks Fire Department isn't
supposed to respond to a fire that's not in the city limits.
The borough has had this problem several times, and in fact it
forced annexation of properties into fire service areas in order
to avoid fire departments trying to determine which properties
are under the city's purview and which aren't. Mr. Lozano
expressed the need to move on from this two-year process and the
need for the city to grow. In conclusion, he related that the
firefighters oppose HJR 39.
9:12:21 AM
BILL SCHECHTER, University Fire Service Area Commission, related
that the UFSA Commission's only concern is that the 8,000-plus
customers of Fred Meyer and its employees plus the customers and
employees of the other businesses in the area to be annexed will
experience a change in the level of service they've come to
expect. Fred Meyer was constructed in 1991 and the UFSA was
constructed about four years ago. Those in the Fred Meyer
parcel have come to expect a rapid response, which is vital to
the survivability of medical patients and fire suppression. Mr.
Schechter agreed with Mr. Lozano's comments regarding that there
are two excellent fire departments and that paramedics are
trained to a higher degree than the EMT3 advanced level that
staffs UFSA. However, since 1991, there has never been a case
in which a paramedic was needed in a medical emergency that EMT3
advanced wasn't able to handle; there has never been any
complaints from the family of the patient or the hospital. The
purpose of the Fire Commission is to address the change in terms
of the survivability of patients due to the distance of the
[primary responder] if the annexation is approved. The LBC made
a decision based on the parameters of the state constitution and
statute, but the framers didn't foresee the future to the degree
of complexity this matter faces today. He opined that he didn't
believe the framers of the constitution intended for any citizen
to suffer because of the actions of the LBC, which is what will
happen [if the annexation is approved].
9:16:18 AM
VIVIAN STIVER, Member, Fairbanks City Council, City of
Fairbanks, said that she doesn't oppose annexation, however,
this annexation doesn't make sense, specifically tying the
commercial and residential parcels together. With regard to the
public safety aspect, Ms. Stiver agreed that Fairbanks has two
excellent fire departments. The UFSA provides a minute response
time to Fred Meyer due to its proximity to Fred Meyer. It's a
known and proven fact that response time impacts survivability,
and therefore [UFSA] is a huge blessing to public safety [in the
Fred Meyer area]. Regarding the discussion about care from a
paramedic versus an EMT3, Ms. Stiver highlighted the close
proximity to the hospital. She then explained that although
both a paramedic and EMT3 are trained in procedures, the EMT3
must have a physician on the phone to direct their activities
whereas a paramedic doesn't. Since the hospital is in town, the
difference between paramedic and EMT3 is not of concern as it
might be in a rural area. Ms. Stiver said that she's not in
favor of taking the [Fred Meyer] parcel because it will lower
response time. Currently, the average response time of [the
city fire department] is four minutes and forty-one seconds,
which is at the far end of [acceptable] response time. She
opined that it would be a different situation if UFSA didn't
exist, but since it does it's paramount to the service the area
receives. Furthermore, there are multiple calls in the city and
thus there is risk when all the city fire department staff is
out on calls. Ms. Stiver opined that the city has received
quite a bit of mutual aid, which doesn't kick in for a fire
until the city is on the scene. However, for an ambulance call,
the city responds if available or calls for help if not. In a
fire, the city has to be on scene first to evaluate the
situation and then call for mutual aid, which relates to the
critical issue of response time. The city, she charged, missed
the opportunity to annex this property when it didn't have the
appropriate fire coverage.
9:20:05 AM
EDITH CURRY, Chief, University Fire Department, told the
committee that the University Fire Department did seek deferred
authority in [the parcel to be annexed] some years ago in order
to provide a higher level of service to the service area
residents. She acknowledged that the University Fire Department
is staffed by students and have for over 50 years. These
students complete the recruit academy and are State Firefighter
1 and nationally certified. The students go up to EMT3
advanced, and as mentioned earlier at all times they are under
the guidance and supervision of staff. There is 11 staff who
are assigned to each station with the University Fire
Department. In fact, staff members usually ride along for any
code 3, cardiac, or serious call. These staff have 20-plus
years experience and can match any paramedic. She highlighted
that although [the University Fire Department] has never needed
paramedic level service, a couple are kept on staff. The trip
to the hospital is only about five or six minutes. Ms. Curry
told the committee that there have been a couple of fires at
Fred Meyer that the University Fire Department has handled
because it's a large enough fire department. Therefore, she
emphasized that the University Fire Department does well with
what it has. She noted her agreement with earlier testimony
that this shouldn't be made to be an issue between the fire
departments.
9:21:59 AM
BILL ZORB related his strong support for HJR 39, and therefore
opposition to this proposed annexation. Since most of the
reasons why this proposed annexation shouldn't occur have been
addressed, he said that he would limit his comments to the two
he felt are most important. First and foremost is the safety
issue, the University Fire Service station is located less than
a half mile from Fred Meyer West, and has a response time of
less than a minute to that location. The closest city fire
station is over three miles away, and thus will have a longer
response time. As stated earlier, that time difference can
easily be the difference between life and death in some medical
emergencies. As a frequent shopper at Fred Meyer West, he said
he would rather have an EMT3 from the University Fire Service
Department that can arrive in one minute as opposed to a
paramedic that may not arrive until six to seven minutes or
more. With regard to annexation without representation, Mr.
Zorb highlighted that this annexation wasn't requested by any of
those who would be impacted by it. He reminded the committee
that Fred Meyer, Taco Bell, and other major businesses in the
parcel to be annexed wrote letters opposing the annexation to
the LBC. Likewise, only one of the owners of the enclave lots
has expressed an interest in being annexed. Although the LBC
and legislative processes don't require involving those in the
area to be annexed, it seems to be common sense. In conclusion,
Mr. Zorb related his strong support for HJR 39, which he
encouraged the committee to forward.
9:25:04 AM
HANK BARTOS, Member, Fairbanks North Star Borough Assembly,
related his support for HJR 39. He opined that this is a safety
issue. He, too, highlighted the closer location and quicker
response time from the University Fire Department for the area
to be annexed. Mr. Bartos said, "Time is tissue. Finances are
important, but life should triumph money." Furthermore, there
has been no showing of need for this annexation. Mr. Bartos
then said, "One municipality shouldn't be allowed to financially
cannibalize another." Although this annexation would remove the
second largest taxpayer from the service area and the borough
would lose close to $500,000 annually, the LBC determined that
the impact to the borough's taxpayers was di minimus.
Furthermore, Fred Meyer subdivision owners would face an
increase in taxes in the amount of about $68,000. Mr. Bartos
then contended that the annexation didn't receive a fair hearing
as there was no cross examination [of witnesses]. For instance,
the box stores in the area that are within the city limits don't
receive any road service or maintenance. Also, the LBC member
from the Fourth Judicial District wasn't allowed to participate,
even though he had no financial interest in the matter and his
daughter, the Fairbanks North Star Borough attorney, recused
herself from participating in the matter. Mr. Bartos opined
that this LBC member should've been allowed to participate.
9:27:50 AM
REPRESENTATIVE HARRIS recalled earlier testimony that at one
point the borough supported the annexation of the enclave
parcels, but opposed the Fred Meyer subdivision parcel.
MR. BARTOS said that he didn't know since he wasn't part of the
assembly during that time. However, he recalled that when the
LBC voted on this annexation, it was a tie vote. At that point,
the LBC split the question and each question passed.
9:29:23 AM
SENATOR JOE PASKVAN, Alaska State Legislature, related his
support of the LBC's determination on the proposed Fairbanks
annexation. He said he has read the LBC's Statement of
Decision, which includes over 30 pages of distinct analysis in
which the LBC balances what services can and cannot be provided.
The Letter of Dissent, by the one LBC member, is limited to a
very narrow issue. Before going further, Senator Paskvan
clarified that both the enclave lots and Fred Meyer lots are
located in his district not in Representative T. Wilson's
district. He then returned to the services offered. When one
reviews the basket of services or overall services, which the
law requires the LBC to review, the city does prevail on an
overall balanced approach. He further opined that for the LBC
to come to the conclusion, on a 4:0 vote, that the enclave lots
were appropriate for annexation was a rational and reasonable
conclusion. The same can be said for the LBC's decision to
conclude, on a 3:1 vote, that the Fred Meyer subdivision lot was
appropriate for annexation. He then pointed out that there is
no borough police department to call, no borough access to
provide any services. With regard to earlier statements
characterizing this annexation as a land grab, Senator Paskvan
pointed out that the LBC followed the constitution.
SENATOR PASKVAN then shared the following statements from former
Senators Jack Coghill and Vic Fisher in 1985, as follows:
According to Senator Coghill, the concept of the Local
Boundary Commission resulted from the Constitutional
Convention's attempt to resolve jurisdictional
conflicts between the different types of governmental
entities that functioned under territorial law.
At times annexation issues became very controversial,
Senator Fisher states that the commission was seen as
a mechanism that circumvented local turmoil, brought
the issues beyond vested local interest and prejudice,
and permitted implementation of the broad public
interest. If the municipalities retain control over
boundaries and annexations, there would be difficulty
in altering boundaries once local interest became
vested. Article X, Section 12 of the Alaska State
Constitution, which established the Local Boundary
Commission, was designed to overcome these types of
roadblocks.
SENATOR PASKVAN then highlighted the recommendations given to
the Alaska Statehood Commission with respect to the
implementation of the LBC. Those recommendations were, as
follows:
The Local Boundary Commission should operate so far as
possible in the manner of a quasi-judicial body. Its
determination should be based upon a careful
assembling and weighing of relevant geographic,
demographic, fiscal, and governmental facts.
SENATOR PASKVAN specified that his point is that the LBC
complied with the state's constitution and laws. Therefore, one
should tread very carefully when attempting to overcome a
constitutional process that was well thought out. He
highlighted that even the dissent says, "The city can provide
police service and building code enforcement more efficiently
and more effectively than can the borough or the State of
Alaska." The dissent also goes on to say, "The Fred Meyer
subdivision has a reasonable need for city government."
Therefore, Senator Paskvan encouraged the committee to support
the LBC's decision.
9:35:10 AM
REPRESENTATIVE HARRIS asked if Senator Paskvan was familiar with
the charge by the deputy attorney that no cross examination of
witnesses was allowed.
SENATOR PASKVAN said that he wasn't aware of that specific
comment. However, he related his understanding that a court of
law would be the appropriate venue to determine whether
substantively and procedurally the law was followed.
REPRESENTATIVE HARRIS surmised then that the [administrative
hearing] process is addressing the aforementioned.
SENATOR PASKVAN indicated his agreement. He added that he
wasn't aware of anyone saying that either substantively or
procedurally there was a defect in the constitutional or legal
process that was followed in this LBC determination.
9:37:09 AM
CO-CHAIR HERRON returned to the discussion regarding the recusal
of the borough attorney on matters pertaining to the Fairbanks
annexation. He asked if Mr. Williams was aware of the
aforementioned.
9:37:26 AM
BRENT WILLIAMS, Staff Supervisor, Local Boundary Commission,
Division of Community and Regional Affairs, Department of
Commerce, Community, & Economic Development, said that he wasn't
aware of such a recusal. He noted that the LBC's contact was
with Ms. Klepaski, the assistant borough attorney. Mr. Williams
didn't recall receiving any communication that there was a
recusal. However, he did recall receiving an e-mail from Rene
Broker, borough attorney, when the borough's brief was
submitted.
9:38:27 AM
CO-CHAIR HERRON said that although it's a fine point, it may be
important later for the process.
9:39:32 AM
MIKE PRAX expressed concern that there seems to be too much
emphasis on the financial needs of this annexation versus
response time of fire and ambulance service. He opined that the
public would be at greater risk if the city responds rather than
the University Fire Service Department. He further opined that
it's important for the legislature to vote on this matter one
way or another. Therefore, he expressed hope that the committee
forwards HJR 39 so that the entire legislature can have a chance
to vote on this resolution.
9:40:53 AM
MERRICK PIERCE related his support for HJR 39. He opined that
the proposed annexation establishes a terrible precedent and
increases the costs of local government. Furthermore, the
proposed annexation is opposed by those in the area to be
annexed. Moreover, the annexation hurts and is opposed by the
University Fire Service District. The proposed annexation is
also opposed by the Fairbanks North Star Borough, which would
lose substantial revenue. The businesses involved in the area
to be annexed will also be hurt as they will face substantial
property tax increases. Therefore, many believe this proposed
annexation is a money grab that allows the city to take some
valuable commercial property and collect substantial additional
property and alcohol taxes. Mr. Pierce related that for many
years he volunteered to provide advanced cardiac life support,
pre-hospital medicine. He, too, expressed concern with the
response time of the city fire department to the area to be
annexed. He told the committee that a patient in cardiac or
respiratory arrest doesn't have five minutes. Therefore,
approving this annexation may be the death penalty for those in
the area to be annexed who need critical cardiac life support
care in the future. Furthermore, every time a responding
emergency vehicle uses flashing lights and sirens to traverse an
intersection, the chances of a collision increases. The
aforementioned is particularly true in Fairbanks where much of
the year drivers face icy roads. Mr. Pierce reminded the
committee that the LBC refused to accept public testimony before
the 2009 comment period unless those comments were received by
U.S. mail, which made it more difficult for the public to be
involved in the process. In conclusion, Mr. Pierce urged the
committee to forward HJR 39 from committee.
9:43:32 AM
FRANK TURNEY recalled a number of years ago when he was involved
with a consolidation to do away with the city government.
Although the LBC approved the aforementioned, the voters
rejected the idea. Those living in the enclave lots and the
Fred Meyer subdivision should have the right to vote, he
emphasized. Regarding the safety issue, the response time of
the city to the area to be annexed would seem to be a large
liability for the city. Mr. Turney opined that this proposed
annexation is about a land grab and the fleecing of the alcohol
tax without a vote. Mr. Turney concluded by relating his
support for HJR 39 and encouraged this committee to forward the
resolution.
9:44:46 AM
GLEN DESPAIN began by relating his strong opposition to
mandatory annexation to any government organization. He urged
the committee to pass HJR 39 in order to have a legislative vote
on the matter.
9:46:10 AM
HARRY DAVIS informed the committee that he served as the
district attorney for Fairbanks in the Fourth Judicial District
for 27 years and he presently owns the Public Safety Commission
for the city. Mr. Davis related his support for annexation and
noted that the Public Safety Commission also supports
annexation. He said he found it ironic that the borough's
primary opposition to annexation is based on public safety
issues when the borough isn't in a position to provide public
safety to the area to be annexed. The borough relies upon the
Alaska State Troopers, who are understaffed and overburdened.
The Alaska State Troopers are meant to be a rural police force
and aren't properly equipped to address crimes arising in the
Fred Meyer area. Furthermore, the borough can't provide fire
protection unless it's subsidized by the University of Alaska
Fire Department. He questioned why the university is providing
fire protection to a portion of the Fairbanks North Star Borough
when it's not doing so for other citizens of the state. He
further questioned the authority of the University of Alaska to
even provide fire service in Fairbanks because it's not a home
rule city but rather is a corporate entity. Furthermore, the
university hasn't received legislative authorization or
authorization from the Board of Regents. Mr. Davis said that
the state's clear interest in this area is annexation, which the
state should encourage so that the city can expand its services
to this area.
9:48:17 AM
SHERRELYN ARGEND informed the committee that she resides on
Riverside Drive and although there has been testimony that the
area receives city services, that's not the case. The residents
on Riverside Drive pay for everything, including garbage and
road services. As borough residents, she opined that she and
[others in the area to be annexed] should be able to vote. She
opined that this annexation will increase residents' taxes. She
informed the committee that she has had two petitions, one
signed by the enclave lots in which only one family agreed that
the city annexation is appropriate. She related that when she
attended the LBC meeting, she was discouraged from speaking
because she wasn't expert testimony. In conclusion, Ms. Argend
asked for the committee's help.
9:49:32 AM
JERRY CLEWORTH, Member, Fairbanks City Council, City of
Fairbanks, noted that he has sat on the Fairbanks City Council
for 20 years off and on. Over the years, the annexations that
have occurred have been done by mutual consent of both parties,
which is government at its very best. One of the provisions in
the originating resolution that started the ball rolling for the
city on this annexation reads: "WHEREAS in recognition of the
potentially negative effect that annexation would have on the
funding of the University Fire Service Area, annexation must be
conditioned upon reaching a suitable intergovernmental agreement
with the Fairbanks North Star Borough, which addresses the
effects of UFSA." However, that point was never reached. The
commissioners [of the UFSA] didn't believe the annexation made
sense because it created an enclave in the existing service
area, which the city doesn't desire in another parcel that it's
annexing. Furthermore, the city was working on an agreement to
hire the University Fire Department to continue, after the
annexation, to provide service at the Fred Meyer parcel. The
University Fire Department didn't agree to the aforementioned,
and therefore the city had to rewrite the petition and disprove
what had already been proven. The city then rewrote the
petition to say that it could do a better job than the
university. The city provides three basic services, of which
the primary service is public works. The city can't provide any
public works to the Fred Meyer subdivision. The roads adjacent
to the subdivision are maintained by the state and there are no
internal roads. With regard to earlier questions why the city
didn't pursue obtaining the residential area south of Fred
Meyer, he opined that the residents in that area aren't in favor
of the annexation and they would be entitled to a vote. He
characterized the proposed annexation as a "surgical strike by
picking out the plum." On the matter of fire and ambulance
service, the LBC's preliminary findings state, "Commerce refuted
many of the city's positions, particularly the assertion that
the Fairbanks Fire Department could provide better fire and
rescue squad service than could UFSA." Furthermore, a letter
received from Mt. McKinley Bank during public testimony related
its opposition to the Fred Meyer subdivision annexation and that
it would result in a reduction of the level of fire and
emergency medical services the area currently receives from the
University Fire Department. The testimony noted that Mt.
McKinley Bank hasn't received any additional city services and
the area receives adequate police protection from the Alaska
State Troopers, which is located much closer to the branch than
the city police station. In conclusion, Mr. Cleworth
characterized this annexation as about money not service.
9:52:52 AM
GLENN SHAW related his strong support for HJR 39. He opined
that the city has committed a form of gerrymandering in which
two dissimilar properties have been attached. The intent, with
this annexation, is to catch a revenue stream. He opined that
the proposed annexation should go to a vote of the people.
9:53:38 AM
ASA DOWDY related his belief that the proposed annexation would
tax the citizens of the borough. He predicted that as a result
of the annexation sales taxes will be added on. Therefore, Mr.
Dowdy supported HJR 39 and bringing the matter to a vote.
9:54:07 AM
LADD MCBRIDE related his support for HJR 39 and opposition to
the proposed annexation.
9:54:29 AM
PATRICK COLE, Chief of Staff, City of Fairbanks, informed the
committee that he has been in government since about 1972 and
has worked for the borough and the city. In fact, Mr. Cole
wrote the petition after a lot of research and review of the law
and precedent. He noted that he has learned that the annexation
of property may, in the short term, cause local controversy.
However, it may result in long-term acceptances. He pointed out
that the Fairbanks North Star Borough was formed without a vote
of the legislature. Furthermore, the borough has annexed
territories to its fire service areas without a vote. He
informed the committee that since the incorporation of Fairbanks
in 1903, it has annexed territories 60 times. Many of those
annexations were opposed, but not one has ever been detached
from the city. In fact, Mr. Cole said that he couldn't find a
case in the state in which a city had a detached territory. He
opined that annexation is a forward effort to address future
growth. He then told the committee that the City of Fairbanks
has a very low tax burden per capita. Any time a city does
annex territory inside a borough, there is some impact on the
borough. However, in this case, the borough's vast size and
budget results in a small, nearly invisible impact. Therefore,
the LBC properly found the effect to be di minimus. Mr. Cole
emphasized that the city would've never proceeded with this
annexation had its physician said it wasn't doable. No medical
physician has spoken against this proposed annexation.
Furthermore, this effort is supported by the city council
majority, police and fire chiefs, and the employees that work in
public safety. Mr. Cole noted that the city did try to work
with the borough, but no [consensus] could be reached and thus
the city proceeded with the conventional manner.
9:56:40 AM
LAREN ZAGER, Chief of Police, Fairbanks Police Department, City
of Fairbanks, informed the committee that although he has only
been with the Fairbanks Police Department for nine months, he
has spent six of his twenty-five year career analyzing public
safety, both domestically and internationally. He then noted
his agreement with Senator Paskvan that the entire issue of
public safety is important and the police department's
contribution can include several components. He reminded the
committee that police officers are first responders to medical
issues. Although police officers aren't as trained as medical
staff, they do have some equipment, training, experience, and
dispatch that provides protocol for many of the issues it will
face. At the end of the day, the Fairbanks Police Department,
he opined, can respond more quickly and reliably to the areas
proposed for annexation because they are "already there." Other
than heart attacks, Mr. Zager questioned consideration given to
situations such as a bank robbery, hostage situation, dangerous
drunk drivers, and fights in progress. All of the
aforementioned are infinitely more likely and equally as life
threatening when compared to a heart attack. In that regard,
city law enforcement is superior to anything the borough can
provide.
9:59:09 AM
BEN STEWART informed the committee that he lives behind Fred
Meyer West subdivision and was one of the lucky few to testify
to the LBC, which he likened to talking to a wall. Mr. Stewart
said that although he thinks highly of Senator Paskvan, the
people in the area to be annexed deserve a vote in this
situation. Furthermore, he related that he has seen more Alaska
State Troopers, university fire and police department, and
airport police officers than responders from the City of
Fairbanks. He told the committee that currently [the city has
applied for] grants to hire new officers and firefighters for
the city. However, grants only last for so long until residents
face increased taxes to cover the new positions. Mr. Stewart
characterized the proposed annexation as a "smash and grab" by
the City of Fairbanks. The city doesn't provide any services to
Fred Meyer West and nothing can be gained other than taking tax
money from the borough residents. He highlighted that the
University Fire station is less than 200 yards from the Fred
Meyer west subdivision whereas it's 7.3 miles to the city fire
department. In conclusion, Mr. Stewart opined that all public
service responders work together when something bad happens and
thus the city receives tax money without providing the services.
10:03:21 AM
ERNIE MISEWICZ, Assistant Fire Chief, Fairbanks Fire Department,
City of Fairbanks, informed the committee that he has worked in
fire service for over 37 years and has worked in both fire
operations and prevention. When discussing public safety,
there's more to consider than just response times. When
reviewing the entire fire protection concept, one must consider
the following key points: plan reviews, which ensure that
buildings are constructed properly and meet code; building and
fire inspections, which is currently lacking in the areas to be
annexed. Inspection ensures that buildings are constructed per
the plan and inspections continue throughout the life of the
building to lessen the chances of fire. He informed the
committee that Fred Meyer West had no inspections during
construction and was last inspected in 2002, Taco Bell in 2003,
and the bank has never been inspected. In contrast, when Fred
Meyer East was constructed in 2004, the Fairbanks Fire
Department conducted 17 inspections, which doesn't account for
the inspections performed by the city building department.
Inspections are key to preventing fires. With regard to
emergency response, Mr. Misewicz stated that the Fairbanks Fire
Department response time is well within the national standards
and the vehicles are equipped with systems that capture the
traffic lights to allow for a faster response. He then
highlighted that the staff at the Fairbanks Fire Department has,
on average, 17 years of experience, 10 years of which has been
with the Fairbanks Fire Department. The department has 17
paramedics with an average of 8 years experience, 10 employees
are university instructors. Experience, he opined, improves
situational awareness and thus responder safety, while the lack
of experience significantly increases risk to responders and the
public. Currently, there is no fire protection for the enclave
lots and at least two buildings in that area have burned to the
ground. He then turned to the issue of mutual aid, which is aid
given or received by emergency service organizations. All
departments must rely on mutual aid because no one department in
the state or nation can handle all emergency calls. In fact,
when one reviews the percentage of calls for mutual aid over the
last five years by the Fairbanks Fire Department it's no
different than those by the University Fire Department. In
summary, Mr. Misewicz said the Fairbanks Fire Department and the
City of Fairbanks has the ability to provide the best service
for the areas to be annexed.
10:05:53 AM
REPRESENTATIVE T. WILSON clarified that she has tried to avoid
making this an issue between the fire departments and police
departments. However, she pointed out that the University Fire
Department has a better ISO rating than the city. Furthermore,
the University Fire Department is closer [to the area to be
annexed]. This is about public safety and if care isn't taken
with this annexation, somebody is going to die, she opined. She
then clarified that the Fairbanks North Star Borough has always
opposed annexation because early on it was stated that there
would be a deal with the University Fire Service Area and the
City of Fairbanks. This $52,000 deal could've resulted in [the
area to be annexed] receiving EMS and fire service. She
acknowledged that Fred Meyer and the enclave lots don't sit in
her district, but her constituents shop there and travel on
state roads to get there. The annexation won't result in any
benefits to the commercial area and the fire department isn't
making the safety checks it says it is, he charged. She
concluded by emphasizing that this resolution is about public
safety and the legislature is the last hope for the residents of
Fairbanks who didn't receive a vote.
10:07:23 AM
[HJR 39 was held over.]
HJR 46-SUPPORTING DENALI COMMISSION
10:07:36 AM
CO-CHAIR HERRON announced that the final order of business would
be HOUSE JOINT RESOLUTION NO. 46, Urging Congressional support
for the reauthorization of the Denali Commission.
10:07:47 AM
CO-CHAIR MUNOZ moved to report HJR 46 out of committee with
individual recommendations and the accompanying fiscal notes.
CO-CHAIR HERRON objected for discussion purposes.
10:08:14 AM
REPRESENTATIVE CISSNA spoke in favor of HJR 46. Drawing upon
her experience traveling throughout the state, she related the
need for health clinics that serve the entire community. She
also related that she has been impressed with what the Denali
Commission has been able to do in these communities.
10:10:34 AM
REPRESENTATIVE KELLER said he wouldn't stand in the way of HJR
46 and related his appreciation for the valuable work of the
Denali Commission. However, he said it's difficult to sign a
resolution encouraging the current [national] administration to
spend more money.
10:11:10 AM
CO-CHAIR HERRON pointed out that there are six to seven other
regional commissions throughout the nation and the Denali
Commission is the only one that hasn't been reauthorized.
10:11:43 AM
CO-CHAIR HERRON withdrew his objection.
There being no further objection, HJR 46 was reported from the
House Community and Regional Affairs Standing Committee.
10:11:57 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 10:11 a.m.