Legislature(1993 - 1994)
03/10/1994 09:07 AM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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