Executive Summary of Preliminary Report on Ketchikan Local Government Consolidation
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Preliminary Report on Ketchikan Local Government Consolidation Acknowledgements Report written by: Dan Bockhorst, Local Government Specialist and Local Boundary Commission Staff Supervisor Information or assistance in the preparation of this report was pro- vided by: Alaska Department of Commerce, Community, and Economic Development Indra Arriaga, Research Analyst Kathy Atkinson, Local Government Specialist Nicole Grewe, Development Specialist Jeanne McPherren, Local Government Specialist Bill Rolfzen, Local Government Specialist Darlene Watchman, Local Government Specialist Steve Van Sant, State Assessor Alaska Department of Labor and Workforce Development Neal Fried, Economist Kathryn Lizik, Research Analyst Daniel Robinson, Economist Gregory Williams, State Demographer Ingrid Zaruba, Research Analyst City of Ketchikan Karl Amylon, City Manager Robert Newell, Jr., Finance Director Katy Suiter, City Clerk Ketchikan Charter Commission Debby Otte, Member and Secretary Glen Thompson, Chair Ketchikan Gateway Borough Roy Eckert, Borough Manager Harriett Edwards, Borough Clerk Dennis Finegan, Assessment Director Page layout by Jennie Starkey, Publications Technician Page i Preliminary Report on Ketchikan Local Government Consolidation Page ii Preliminary Report on Ketchikan Local Government Consolidation Table of Contents Acknowledgements ........................................................................ i Executive Summary of Preliminary Report on Ketchikan Local Government Consolidation ................................ Executive Summary - 1 Chapter 1 Background ....................................................................1 A. The Petitioner’s Stated Reasons for the Consolidation Proposal .....1 B. Effects of the Pending Proposal to Consolidate the City and the KGB ..................................................................1 C. Structure for Delivery of Municipal Services in the Greater Ketchikan Region Compared to Other Parts of Alaska. ............ 16 D. Significant Historical Developments Regarding Local Government Structure Within the Greater Ketchikan Area ...... 19 E. Proceedings to Date Regarding the Pending Consolidation Proposal ..................................................................... 22 F. Future Proceedings Regarding the Pending Consolidation Proposal. .................................................................... 32 Chapter 2 Evaluation of the Ketchikan Consolidation Proposal in Terms of Applicable Legal Standards .............................................. 37 Part 1. Whether Consolidation Promotes Maximum Local Self-Government .......................................................... 37 Part 2. Whether Consolidation Promotes “A Minimum Number of Local Government Units” ............................................ 43 Part 3. Whether the Boundaries of the Proposed Consolidated Borough Are Suitable ..................................................... 49 Part 4. Whether the Population of the Proposed Consolidated Borough Is Large and Stable Enough to Support Borough Government ................................................................ 71 Part 5. Whether the Economy of the Proposed Consolidated Borough Includes the Human and Financial Resources Capable of Providing Municipal Services ........................................ 74 Part 6. Whether Facilities in the Proposed Consolidated Borough Allow the Communication and Exchange Necessary for Integrated Borough Government ....................................... 96 Part 7. Whether the Proposed Consolidated Borough Serves the Best Interests of the State .............................................. 98 Part 8. Whether the Transition Plan Included in the Amended Petition Is Complete and Otherwise Complies With the Requirements of Law ................................................... 102 Table of Contents continued on next page Page iii Preliminary Report on Ketchikan Local Government Consolidation Table of Contents continued Part 9. Whether the Proposed Consolidation Has a Racially Discriminatory Purpose, Would Make Minority Voters Worse Off, or Would Deny Civil or Political Rights in Violation of the Law .................................................... 106 Chapter 3 Summary of Commerce’s Conclusions and Recommendations to the LBC ............................................................................ 109 A. Summary of Conclusions .................................................. 109 B. Recommendations ......................................................... 110 Glossary .................................................................................. 115 Appendix A Background ................................................................ A-1 Local Boundary Commission .................................................. A-1 Staff to the Commission ....................................................... A-8 Appendix B Comparisons of Sales, Property, and Transient Occupancy Tax Levies ............................................................................. B-1 Appendix C Standards Applicable to the Ketchikan Consolidation Proposal .............................................................. C-1 Applicable Standards Under the Constitution of the State of Alaska ............................................................ C-1 Applicable Standards Under the Alaska Statutes ......................... C-1 Applicable Standards Under the Regulations .............................. C-2 Applicable Provisions Under the Federal Voting Rights Act ............ C-9 Appendix D Petition Exhibit F-1Three Year Annual Budget .................... D-1 Appendix E Excerpts from Ketchikan Coastal Management Plan .............. E-1 Page iv Preliminary Report on Ketchikan Local Government Consolidation Page v Preliminary Report on Ketchikan Local Government Consolidation Executive Summary of Preliminary Report on Ketchikan Local Government Consolidation April 2006 In 2003, members of the Greater Ketchikan Chamber of Commerce formed the “Ketchikan – One Government Committee” to promote consolidation of the City of Ketchikan (“City”) and the Ketchikan Gateway Borough (“KGB”). Committee members drafted an initiative to create a seven-member board to petition the Alaska Local Boundary Commission (“LBC” or “Commission”) for consolidation of the two local governments. The initiative required the board to file a petition with the LBC by September 2004. Under the initiative, the status of the City of Saxman was to remain unchanged. The initiative was approved when nearly Results of 2003 Consolidation Initiative Election. 55 percent of the KGB 70% 66.10% voters cast ballots in 64.60% favor of the proposal 63.30% 60% in October 2003. It is 56.10% noteworthy, however, that the tally of votes 50% at the precinct level 40% 35.90% reflected faint support 34.30% for the initiative in 28.90% the two North Tongass 30% precincts and the City 20% of Saxman. Conversely, Votes Yes of Percentage voters in the South Tongass Precinct and 10% the three City precincts 0% expressed solid support City of N. Tongass #1 N. Tongass #2 South Tongass City #1 City #2 City #3 for the measure. Saxman Precinct Precinct Precinct Precinct Precinct Precinct Executive Summary Page 1 Preliminary Report on Ketchikan Local Government Consolidation The pattern of votes cast with respect to the 2003 initiative – with the possible exception of the South Tongass Precinct – generally reflected voter attitudes regarding four prior attempts to combine Ketchikan area local governments. In 1973, 1979, 1986, and 2001, a majority of voters in the City supported such measures while most voters in the remainder of the KGB opposed them. Following approval of the October 2003 initiative, voters went back to the polls in January 2004 to choose the seven board members who would draft the consolidation proposal. The initiative required three members to be City residents, three to be KGB residents outside the City, and one to be elected at-large. The board, which called itself the Ketchikan Charter Commission (“KCC”), held its first meeting on January 21, 2004. Over the next eight months, the KCC met 30 times. The KCC finished drafting the consolidation proposal on September 17, 2004. Mindful of the prior unsuccessful attempts by others to combine Ketchikan area local governments, KCC members expressed the view that their work reflected the diverse interests of KGB residents inside and outside the City. Members stressed that the composition of the KCC (three City members, three non-City members, and one member at-large) and an effective effort to garner public input were instrumental to that end. At the conclusion of the September 17 meeting, the seven KCC members voted unanimously to adopt the Petition for Consolidation of the Ketchikan Gateway Borough and the City of Ketchikan to the Municipality of Ketchikan, A Home Rule Borough (“Petition”) and file it with the LBC. Interested individuals and organizations then had two months to file formal comments on the proposal with the LBC. The City filed a 28-page Responsive Brief objecting to aspects of the proposal. In addition, the KGB Manager and the City Mayor filed written concerns regarding the proposal. The Petitioner KCC then had an opportunity to reply to the concerns raised by the City and KGB. Beginning in January 2005, the KCC met nine times over the following ten months to consider amendments and to prepare its formal reply. Amendments to the Petition went forward with the unanimous support of KCC members. The amended proposal