Legislature(1993 - 1994)

03/10/1994 09:07 AM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE COMMUNITY & REGIONAL AFFAIRS                              
                         March 10, 1994                                        
                           9:07 a.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Randy Phillips, Chairman                                              
 Senator Robin Taylor, Vice Chairman                                           
 Senator Loren Leman                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Al Adams                                                              
 Senator Fred Zharoff                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 291                                                           
 "An Act relating to including all regions in the state in an                  
 organized borough or unified municipality; and providing for an               
 effective date."                                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 291 - See Community & Regional Affairs minutes dated                       
          2/22/94, 3/1/94.                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Dan Bockhorst, Local Boundary Commission                                      
  Staff Supervisor                                                             
 Department of Community & Regional Affairs                                    
 333 W. 4th Ave., Suite 220                                                    
 Anchorage, AK 99501-2341                                                      
  POSITION STATEMENT:   Offered information on SB 291                          
                                                                               
 Alexis Miller, Staff to Senator Dave Donley                                   
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on SB 291                          
                                                                               
 Dee Fiske, City Clerk                                                         
 City of Hoonah                                                                
 P.O. Box 360                                                                  
 Hoonah, AK 99829                                                              
                                                                               
 Mayor Albert Dick                                                             
 City of Hoonah                                                                
 P.O. Box 360                                                                  
 Hoonah, AK 99829                                                              
  POSITION STATEMENT:   Has concerns with SB 291                               
 Ms. Bonnie Jenkins                                                            
 P.O. Box 149                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 Paul Smith                                                                    
 P.O. Box 559                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 Glen Marunde                                                                  
 P.O. Box 207                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 John Martiniuk                                                                
 P.O. Box 128                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 Dick Malchow                                                                  
 P.O. Box 212                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 Mellie Terwilliger                                                            
 P.O. Box 206                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 Patrick Cleary                                                                
 P.O. Box 522                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
 Bill Miller                                                                   
 P.O. Box 2262                                                                 
 Dot Lake, AK 99737                                                            
  POSITION STATEMENT:   Opposes SB 291                                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-20, SIDE A                                                            
 Number 001                                                                    
 The Senate Community & Regional Affairs Committee was called to               
 order by Chairman Randy Phillips at 9:07 a.m.  He brought  SB 291             
 (BOROUGH INCORPORATION & ANNEXATION) before the committee as the              
 only order of business and stated the committee would take                    
 testimony over the teleconference network.                                    
                                                                               
 Number 020                                                                    
 DAN BOCKHORST, Local Boundary Commission Staff Supervisor,                    
 Department of Community & Regional Affairs, referred to                       
 information he had provided to the committee relating to the                  
 criteria or standards which exist in the State Constitution, State            
 Statutes and the Administrative Regulations of Local Boundary                 
 Commission with respect to the formation and incorporation of                 
 boroughs. He reviewed the four general standards provided in                  
 statute that are applicable to all boroughs, and he noted that the            
 Local Boundary Commission has enacted a number of regulations to              
 further implement and interpret these regulatory and statutory                
 provisions.                                                                   
                                                                               
 Number 080                                                                    
                                                                               
 MAYOR ALBERT DICK, City of Hoonah, said their city council recently           
 reviewed SB 291 and a number of questions were raised with regard             
 to Section 4(d), which relates to a proposal for incorporation                
 being submitted to the Legislature if it is turned down by the                
 voters.                                                                       
                                                                               
 DAN BOCKHORST clarified that a majority of the total voters in the            
 areas proposed for incorporation determine the outcome.  He also              
 said that the question of whether or not borough formation should             
 be mandated is a question that is rightfully belonging before the             
 Legislature, and the Local Boundary Commission has not taken a                
 position either supporting or opposing mandatory borough formation.           
                                                                               
 Number 135                                                                    
                                                                               
 BONNIE JENKINS, a member of the Tok Chamber of Commerce testifying            
 from Tok, questioned why go to the expense, time and effort of                
 having a election if it is voted down, but it still can be                    
 determined by the Legislature that an area should be incorporated.            
                                                                               
                                                                               
 ALEXIS MILLER, staff to Senator Donley, pointed out that there has            
 been discussion by the committee to change the "shall" in that                
 section to "may."                                                             
                                                                               
 Ms. Jenkins also said that most of the people in Tok were not aware           
 of SB 291 until the day before the hearing and they haven't really            
 had time to thoroughly go through the bill.  She observed that                
 there is still question of whether their area could support its own           
 borough services.                                                             
                                                                               
 Number 175                                                                    
                                                                               
 PAUL SMITH, President of the Tok Chamber of Commerce testifying               
 from Tok, also voiced concern on whether their area could support             
 a borough.  Tok is a very tourist-oriented community with a limited           
 summer income and no tax base.                                                
                                                                               
 Number 188                                                                    
                                                                               
 GLEN MARUNDE, a 33-year Tok resident testifying from Tok, stated              
 his objection to the intent of SB 291.  While he thinks that the              
 framers of the Alaska Constitution did a good job in putting                  
 together the borough Act, and it has worked well, he said a bill              
 which eliminates the unorganized borough by including all regions             
 in the state in an organized borough or unified municipality is a             
 little heavy handed.  He suggested changing the intent of the                 
 legislation to making it more attractive to the unorganized areas             
 to naturally become a borough.  He also suggested that the makeup             
 of the committee on municipalities should be changed to ensure that           
 at least four people from the unorganized areas of the state are on           
 the committee.  Further, the report prepared by the committee for             
 submittal to the Legislature should be made available to all                  
 communities, not just municipalities.                                         
                                                                               
 ALEXIS MILLER emphasized that the sponsor realizes this is a                  
 complicated issue and he welcomes written comments from Tok                   
 residents on the legislation.                                                 
                                                                               
 SENATOR RANDY PHILLIPS, responding to Mr. Marunde's concern on the            
 makeup of the committee on municipalities, suggested a conceptual             
 amendment changing it to one member from the unorganized areas from           
 each of the judicial districts.                                               
                                                                               
 Number 300                                                                    
                                                                               
 JOHN MARTINIUK, a 30-year Tok resident testifying from Tok, said              
 the criteria for borough implementation that was outlined earlier             
 by Mr. Bockhorst would be a lot better served for reapportionment             
 purposes than for borough incorporation.  He also questioned how in           
 this time of declining state revenues the state could afford to               
 promulgate the government necessary to incorporate these areas.               
                                                                               
 Number 330                                                                    
                                                                               
 DICK MALCHOW, a resident of Tok for 22 years testifying from Tok,             
 stated his agreement with the previous speakers' comments.  He                
 referred to the findings section on page 1 and said he thought "the           
 opportunity to participate in government on the local level and               
 enjoy the benefits of representation in local government" was a               
 subjective statement.  He suggested eliminating the language "enjoy           
 the benefits of representation in local government."  He also                 
 suggested that the commission should hold public hearings in every            
 community of an area that is being considered for incorporation.              
                                                                               
 Number 380                                                                    
                                                                               
 MELLIE TERWILLIGER, a 65-year resident of the state testifying from           
 Tok, stated she was originally opposed to statehood, but she sees             
 now, in some instances, that was wrong and we should have                     
 statehood.  However, she said in 1994 they are still in the black             
 hole called the unorganized borough and they have no voice.  She              
 also expressed her frustration with the disappearance of the Mental           
 Health Trust Lands.                                                           
                                                                               
 Number 414                                                                    
                                                                               
 PATRICK CLEARY, a resident of Tok testifying from Tok, said he                
 lives in Tok because that's where he wants to live and he added,              
 "You stay where you're at and I'll stay where I'm at and everything           
 will be alright."                                                             
                                                                               
 Number 430                                                                    
                                                                               
 BILL MILLER, President of the Dot Lake Village Council, said,                 
 historically, the unincorporated communities in the unorganized               
 boroughs have shown to be more organized and more incorporated than           
 the cities.  When they build a project, they have to support the              
 project locally, unlike Anchorage where almost all of the "white              
 elephants" they have built there have cost the state billions of              
 dollars.  He said they may not have an organized government, but              
 most of their communities have a entity that represents them, an              
 entity that they work within, be it a village council in the                  
 villages or a business organization in the more sophisticated                 
 communities.  Right now they are independent and they want to stay            
 that way, he stated.                                                          
                                                                               
 Number 478                                                                    
                                                                               
 MELLIE TERWILLIGER pointed out that practically every village in              
 the North Slope Borough is a city with a mayor.  She said they are            
 very democratically controlled and very organized.  She said in the           
 Tok area they don't have a voice and that should be of concern to             
 the Legislature.                                                              
                                                                               
 Number 492                                                                    
                                                                               
 PAUL SMITH said there is a misconception that the people in the               
 unorganized boroughs don't pay their fair share, but he pointed out           
 that people living in these rural communities go to the urban areas           
 to buy their goods and services, making a big impact on those                 
 economies.                                                                    
                                                                               
 Number 515                                                                    
                                                                               
 SENATOR RANDY PHILLIPS closed the public hearing on SB 291, and               
 stated that because the committee had lost its quorum, it would be            
 brought up on Tuesday, March 15.                                              
 There being no further business to come before the committee, the             
 meeting was adjourned at 9:47 a.m.                                            
                                                                               

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