Legislature(1997 - 1998)

02/14/1997 01:30 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE                         
                       February 14, 1997                                       
                           1:30 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Jerry Mackie, Chairman                                                
 Senator Randy Phillips                                                        
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Gary Wilken, Vice Chairman                                            
 Senator Dave Donley                                                           
 Senator Lyman Hoffman                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
   -- PRESENTATION BY THE LOCAL BOUNDARY COMMISSION                            
                                                                               
    WITNESS REGISTER                                                           
                                                                               
 Local Boundary Commission Members:                                            
                                                                               
 Darroll Hargraves, Chairperson-at-large                                       
 Nancy Cannington, Commissioner                                                
 William Walters, Commissioner                                                 
 Kevin Waring, Commissioner                                                    
 Kathleen Wassserman, Commissioner                                             
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 97-6, SIDE A                                                            
 Number 001                                                                    
                                                                               
  CHAIRMAN MACKIE  called the meeting of the Senate Community &                
 Regional Affairs Committee to order at 1:30 p.m.  He noted that               
 several of the committee members were out of town and that the                
 meeting was being teleconferenced to Cordova, Yakutat, Petersburg             
 and Tok.                                                                      
                                                                               
 After welcoming members of the Local Boundary Commission to Juneau,           
  CHAIRMAN MACKIE  invited Chairperson Darroll Hargraves to the table          
 to report on the Commissions' activities during the past year.                
                                                                               
  DARROLL HARGRAVES , Chairperson, at-large, Local Boundary                    
 Commission, explained the Commission was established to ensure that           
 proposals to create and alter cities, boroughs and unified                    
 municipalities would be considered objectively and from a broad               
 perspective.  Of the approximately 130 state boards and commissions           
 today, only the Local Boundary Commission and four others have                
 their origins in Alaska's Constitution.  Areas of involvement by              
 the LBC include municipal incorporations, annexations, detachments,           
 dissolutions, mergers, consolidations and reclassifications.                  
 Reclassification is done for cities only while all others are for             
 cities, boroughs and unified municipalities.                                  
                                                                               
                                                                               
 Mr. Hargraves said the Local Boundary Commission consists of five             
 members.  One is appointed from each of Alaska's four judicial                
 districts and the fifth is appointed at-large.  LBC members serve             
 at the pleasure of the governor, they are appointed for overlapping           
 five-year terms, and they serve without compensation.                         
                                                                               
 The Commission met 17 times during 1996 and in those meetings                 
 addressed the following proposals:                                            
                                                                               
  - a petition by the City & Borough of Yakutat for annexation                 
    of the Gulf Alaska coastal region from the 141st meridian to               
    Cape Suckling was approved;                                                
                                                                               
  - a petition for detachment of 5,400 square miles from the                   
    Fairbanks North Star Borough was rejected;                                 
                                                                               
  - a petition for incorporation of a 10,000 square mile home                  
    rule North Pole Borough was rejected;                                      
                                                                               
  - a petition by the Fairbanks North Star Borough for                         
    detachment of 13 acres from the City of Fairbanks was                      
    approved; and                                                              
                                                                               
  - a petition for dissolution of the City of Akiak was                        
    approved.                                                                  
                                                                               
 The two actions that have been sent to the Legislature for its                
 review include detachment of territory from the City of Fairbanks             
 and the Yakutat annexation.   The Legislature has 45 days to review           
 these actions.  Under the constitution, the legislative approval is           
 automatic unless the House and Senate adopt a joint resolution                
 rejecting the actions by March 8.                                             
                                                                               
 Mr. Hargraves informed the committee that the detachment of                   
 territory from the City of Fairbanks was relatively                           
 straightforward, and he has not heard a single person speak against           
 that action.  The detachment was proposed to allow the Fairbanks              
 North Star Borough to use bond funds for the construction of a                
 solid waste transfer site.                                                    
                                                                               
 However, in contrast, the Yakutat annexation proposal was complex             
 and involved a number of fundamental public policy matters.  The              
 City & Borough of Yakutat seeks annexation of territory extending             
 the western boundary of the city and borough further west to Cape             
 Suckling.  In February 1996, the City & Borough of Yakutat                    
 petitioned the Local Boundary Commission for annexation of that               
 territory.  There is a history of significant land use and resource           
 management conflicts which require greater government planning, as            
 well as a need for other local government services.  Throughout the           
 LBC proceeding various Prince William Sound community bodies,                 
 organizations and individuals vigorously opposed the annexation               
 proposal.  The Commission received over 15 hours of testimony                 
 concerning the annexation proposal as well as a tremendous volume             
 of documentation received either in support or opposition to that             
 action.  Following two hours of deliberation the Commission amended           
 the Yakutat annexation petition to exclude approximately 184 square           
 miles lying the model borough boundaries of the Copper River                  
 region.  The Commission then unanimously approved the amended                 
 petition.  Mr. Hargraves noted the LBC adopted an 18-page                     
 decisional statement explaining the basis for their decision to               
 amend and approve the Yakutat annexation petition, and that                   
 document has been provided to the committee.  Four parties filed              
 requests that the LBC reconsider its decision to approve the                  
 amended petition, but the requests for reconsideration were denied.           
                                                                               
 Number 212                                                                    
                                                                               
  CHAIRMAN MACKIE  asked if the decisions to approve the annexation by         
 Yakutat and to reject the requests for reconsideration were                   
 unanimous in both cases, and  MR. HARGRAVES  acknowledged that they           
 were.                                                                         
                                                                               
 Number 230                                                                    
                                                                               
  SENATOR PHILLIPS  referred to page 66 of the LBC Report and asked            
 for and explanation the issue relating to Pilot Point and their tax           
 resources.   DAN BOCKHORST , Department of Community & Regional               
 Affairs staff to the Local Boundary Commission, said the issue                
 represented on page 66 of the report concerns a lack of limitations           
 on the authority of municipal governments to levy sales taxes.  At            
 one point, the Legislature did have limitations and those were                
 removed.  The Commission is going to be dealing with                          
 reconsideration of the incorporation of Pilot Point, but this issue           
 was raised in the context, not of the reconsideration part, but in            
 the context that here's a particular municipal government that does           
 have a considerable tax resource base.                                        
                                                                               
 Number 280                                                                    
                                                                               
  CHAIRMAN MACKIE  asked Mr. Hargraves if, from a citizen's                    
 standpoint, the way that the system operates now with the public              
 members is conducive to the job the Commission has to do, and are             
 the resources provided to the LBC adequate.   MR. HARGRAVES                   
 explained the Commission works as a volunteer lay group of people             
 from the community that are trying to just simply give a public               
 service.  He added that he doesn't think political influences have            
 been that tremendous on the Commission and that they sit as                   
 impartially as anyone could on the cases before them.  He said                
 their staff support is outstanding, but if the Legislature were to            
 enact certain pieces of legislation that have been under                      
 discussion, he calculates that the Commission's schedule could                
 almost double.                                                                
                                                                               
 Number 385                                                                    
                                                                               
  CHAIRMAN MACKIE  asked if the Commission's workload was to double,           
 would that make if feasible for the members of the LBC to actually            
 be able to serve the state in this capacity.                                  
                                                                               
  NANCY CANNINGTON , Administrator for the City of Unalakleet,                 
 representing the Second Judicial District, said Commission members            
 get tremendous amounts of information to read and digest, and she             
 thinks if the workload was to double, she could not do it and                 
 continue with a full-time job.                                                
                                                                               
  KATHY WASSERMAN  of Sitka, representing the First Judicial District,         
 pointed out that besides all of the material they have to read,               
 they also have teleconferences to participate in, which means                 
 leaving work to do so.  Also, when she travels to meetings in other           
 parts of the state, she is usually gone at least four days, and she           
 does not think her employer would allow the additional time away              
 from her job that would be necessary if the workload increased.               
                                                                               
  WILLIAM WALTERS  of Fairbanks, representing the Fourth Judicial              
 District, commended the staff support being provided by DC&RA, and            
 he requested that, as much as possible, the Senate take efforts to            
 protect that staff force, especially if the workload is going to              
 increase.                                                                     
                                                                               
  KEVIN WARING  of Anchorage, representing the Third Judicial                  
 District, agreed with Mr. Walters' comments, and he added his first           
 concern would be for the support staff, and, although he is self              
 employed,   he would have to have second thoughts for his family if           
 the workload was substantially increased.                                     
                                                                               
  CHAIRMAN MACKIE  expressed appreciation to the members of the Local          
 Boundary Commission for taking the time to appear before the                  
 committee.  He then adjourned the meeting at 2:01 p.m.                        
                                                                               

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