Legislature(1993 - 1994)
02/04/1993 01:00 PM House CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
February 4, 1993
1:00 p.m.
MEMBERS PRESENT
Representative Harley Olberg, Chairman
Representative Jerry Sanders, Vice-Chair
Representative Con Bunde
Representative John Davies
Representative Cynthia Toohey
Representative Ed Willis
MEMBERS ABSENT
Representative Bill Williams
COMMITTEE CALENDAR
Alaska Local Boundary Commission - Annual Report
presentation; Commission overview
WITNESS REGISTER
Darroll Hargraves, Chairperson
Alaska Local Boundary Commission
333 W. 4th Avenue, Suite 220
Anchorage, AK 99501-2341
269-4500
POSITION STATEMENT: Provided information relating to the
Alaska Local Boundary Commission
Dan Bockhorst, Supervisor
Alaska Local Boundary Commission
333 W. 4th Avenue, Suite 220
Anchorage, AK 99501-2341
269-4500
POSITION STATEMENT: Provided information relating to the
Alaska Local Boundary Commission
ACTION NARRATIVE
TAPE 93-3, SIDE A
Number 000
CHAIRMAN HARLEY OLBERG called the meeting to order at 1:04
p.m. He noted for the record that Representatives Sanders,
Toohey and Willis were present and confirmed contact with
the Alaska Boundary Commission officials at the Sitka
Legislative Information Office via teleconference.
DARROLL HARGRAVES, CHAIR, ALASKA LOCAL BOUNDARY COMMISSION
(LBC), testified via teleconference Sitka. He presented the
LBC's 1992 Annual Report to the committee by referring
directly to the text with that title. (A copy of this
report may be found in the House Community and Regional
Affairs Committee Room, Capitol Room 110, and after the
adjournment of the second session of the 18th Alaska State
Legislature, in the Legislative Reference Library.)
(Representative Davies joined the committee at 1:06 and
Representative Bunde arrived at 1:07.)
MR. HARGRAVES laid out the constitutional authority of the
LBC and referred to Article X, Sections 12 through 14 of the
State Constitution. He introduced the other four commission
members by judicial district.
MR. HARGRAVES referred to the proposed boundary changes of
Hoonah, Haines, Cordova and Palmer which were submitted to
the legislature on January 20, 1993. He further listed the
six Local Action Annexations which included the Palmer,
Seldovia, Thorne Bay and Wasilla communities. He said those
"went very smoothly and are in place at the present time."
MR. HARGRAVES mentioned a petition to annex the community of
Portage which had been withdrawn. He also spoke about the
Yakutat Borough and City of Pilot Point municipal
incorporations which took place in 1992.
Number 160
MR. HARGRAVES spoke about the Model Borough Boundaries
Project. Funded three years ago by the legislature, this
project had recently been completed. According to Mr.
Hargraves, all unorganized boroughs in the state now have
proposed lines "drawn on paper." He referred to page eight
of the 1992 Annual Report and said, "...they are not
unchangeable but they do give the best position as far as
the information that we have available at this time as to
what would make a possible borough sometime in the future."
MR. HARGRAVES added, "Another benefit of these model
boroughs is that does pretty much restrict growth of some of
the other major already established boroughs in the
state...based on extensive testimony..."
Number 206
MR. HARGRAVES referred to page ten of the Annual Report to
illustrate the model unorganized boroughs that were
completed in 1992. According to Mr. Hargraves, at present
there were 23 model borough boundaries, 18 of which were in
the unorganized areas of the state and five of which
included existing boroughs that could be expanded.
Number 230
DAN BOCKHORST, SUPERVISOR, LBC, spoke about Title 29 special
issues and referred to pages 28 and 29 of the LBC Annual
Report. He briefly expounded upon:
Amending AS 29.05.011 to permit incorporation of home
rule cities and unified municipalities.
Amending AS 29.04.040 and AS 29.10.010 to require LBC
approval of reclassification of a second class city in
the unorganized borough.
Amending AS 29.06.190 to allow direct incorporation of
unified municipality.
Amending AS 29.06.470 and AS 29.06.500 to clarify
municipal dissolution standards.
Number 310
MR. BOCKHORST then brought up the issue of LBC compensation.
He noted the commission members had many meetings, travelled
much for public testimony and worked long hours but were not
paid. "In one of the proceedings here before the Commission
in 1992 I think there were 22,000 pages of materials the
Commission had to review," said Mr. Bockhorst.
MR. BOCKHORST next brought up the LBC travel funds topic and
gave an example of personal appearances of LBC members at
hearing sites in lieu of teleconferencing. He indicated the
budget restraints forced the LBC to teleconference one third
of all public hearings.
MR. BOCKHORST next referred to page 32 of the LBC annual
report which referred to municipal tax limitation. At
present, there was no limitation on the rate at which a
municipal government might levy a sales tax.
Number 380
MR. BOCKHORST then brought up the subject of litigation as
shown on pages 33 through 35 of the LBC annual report.
Currently, the LBC had four appeals pending in court. "It's
not uncommon for individuals that are unhappy with a
decision of the commission to file an appeal," said Mr.
Bockhorst.
MR. HARGRAVES continued briefly with the topic of future
issues as found on pages 36 and 37 of the LBC annual report.
He then proceeded with the five Legislative Review
Annexation recommendations which came before the legislature
on January 20:
The Haines petition which proposed to annex 4.75 square
miles was approved (as found on page 42 and 43 of the
annual report).
The second Haines petition pertained to the annexation
of tidelands and proposed to annex seven square miles
and was approved (as found on pages 44 and 45 of the
annual report).
The Cordova petition proposed 180 square miles,
inhabited by an estimated 469 residents. The LBC
approved a reduced area of 68.23 square miles (per
pages 46 and 47 of the annual report).
The City of Palmer proposed to annex approximately
seven and a half acres, three sides of which were
already within the incorporated city limits. The LBC
has approved this annexation (as found on pages 48 and
49 of the annual report).
Number 491
REPRESENTATIVE ED WILLIS asked if the Palmer annexation
controversy involved "the dogs."
MR. HARGRAVES said there was a considerable amount of
testimony "having to do with dogs."
REPRESENTATIVE WILLIS asked if there were other means
available to the Mat-Su Borough to abate the "dog problem."
MR. HARGRAVES acknowledged that the City of Palmer had
problems catching dogs when they ran over the line of their
jurisdiction.
REPRESENTATIVE WILLIS asked why else the LBC found it
necessary to proceed with this annexation.
MR. HARGRAVES referred to the annexation standards on page
57 of the LBC annual report. He said, "The dog issue, as I
recall...was certainly a large area of concern but they had
many other areas of concern also." He then offered to have
Mr. Bockhorst go into detail on this point.
REPRESENTATIVE WILLIS asked if that information could be
sent to him due to time constraints.
MR. HARGRAVES consented.
Number 540
CHAIRMAN OLBERG suggested that the information be sent to
the committee and distributed through the chair to all
members.
MR. HARGRAVES consented.
REPRESENTATIVE CYNTHIA TOOHEY asked if in the case of the
Palmer annexation, the "property in question" was occupied
before the subdivision became viable.
MR. HARGRAVES said, "I think history would probably show
there has been growth of the city out to his area...yes."
REPRESENTATIVE CON BUNDE asked about the boundary of the
Pilot Point municipal incorporation extending out to the
three mile limit and if this was the norm.
MR. HARGRAVES replied, "That appears to be a common thing in
the coastal communities."
Number 574
REPRESENTATIVE BUNDE asked if the harvestable timber was
included in the controversial Yakutat Borough as it extended
up to Icy Bay.
MR. HARGRAVES said the original petition "would have taken
it all the way to Cape Suckling."
REPRESENTATIVE BUNDE asked if Yakutat was the only single
city borough at this point.
MR. HARGRAVES replied there were other boroughs, like
Haines, which had other communities within them and that
Yakutat had other communities outside city limits "to the
extent that there are just populations existing" and gave
Sitka as another example.
CHAIRMAN OLBERG pointed out that in the case of the Cordova
annexation, some "annexees" felt the LBC disclosure process
"hadn't happened as up front as they would have liked." He
asked if any changes were underway to modify the process to
include earlier disclosure of the LBC process.
MR. HARGRAVES indicated the LBC had followed their standard
time line although they had heard complaints to this effect.
Number 613
CHAIRMAN OLBERG asked how the legislature could question or
overturn an annexation.
MR. HARGRAVES said the legislature had until March 6, 1993
to deny any one of the recommendations.
MR. BOCKHORST added, "Both houses must adopt a concurrent
resolution to deny any one of these five recommendations
that were submitted on January 20th. If the legislature
takes no action, then legislative approval is granted at the
expiration of the forty-fifth day..."
Number 637
REPRESENTATIVE JOHN DAVIES asked for an overview of the
LBC's budget.
MR. BOCKHORST said the LBC's travel budget was currently
about $26,000 and there were three positions funded through
the Department of Community and Regional Affairs: Two
technical staff and one clerk.
MR. HARGRAVES offered assistance if any member would like to
introduce legislation amending Title 29 this session.
Number 693
REPRESENTATIVE DAVIES asked if "the chair had any
inclination relative to these composed legislative changes
the commission brought to us today in the form of committee
bill."
CHAIRMAN OLBERG said he would like to review the information
in detail but such actions might be very appropriate.
TAPE 93-3 SIDE B
Number 000
REPRESENTATIVE BUNDE commented on the amount of time the LBC
members volunteered. He suggested the committee should
investigate the possibility of "some form of compensation"
for them.
REPRESENTATIVE DAVIES concurred and pointed out in regard to
the LBC's travel budget, "Especially in the local boundary
investigation situation, it's really important for the
members of the commission to be there, on the ground, in
that community..."
CHAIRMAN OLBERG concurred.
Number 080
REPRESENTATIVE TOOHEY suggested an increase in per diem as a
means to increase compensation to LBC members to avoid
paying a salary.
REPRESENTATIVE BUNDE concurred.
CHAIRMAN OLBERG said staff would check into the per diem
matter and the residents of the affected area should get to
speak with the LBC in person.
ADJOURNMENT
CHAIRMAN OLBERG adjourned the meeting at 1:52 p.m.
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