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| Kenai Peninsula Borough Proposition Summaries |
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| Proposition No. 1 |
| Repeal of the Seasonal Sales Tax Exemption of Non-Prepared Food Items |
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To be voted on by all borough voters
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Shall the seasonal exemption of non-prepared food items from borough sales taxes be repealed?
Initiative Ordinance 2008-01 effective January 1, 2009, exempted all sales of non-prepared food items from the borough sales tax from September 1 until May 31 each year. The voters approved this exemption during the October 2008 regular election.
This seasonal sales tax exemption has resulted in annual reductions in borough sales tax revenues of approximately $1,550,000 in fiscal year 2009, $2,890,000 in fiscal year 2010, and is estimated at about $2,800,000 for fiscal year 2011.
All sales taxes are required by KPB 5.18.110(A) to be used for borough school purposes; repealing this exemption would make more funds available to fund education. If this proposition is approved, the sales taxes available for education would increase and the school funds contributed from property taxes could be reduced.
Fiscal Note: If approved by a majority of the voters voting on the question at the October 4, 2011 election, borough sales tax would once again be collected on the sale of non-prepared food items year- round.
Implementation: Repeal of Initiative Ordinance 2008-01 would be effective January 1, 2012.
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BALLOT LANGUAGE
As approved by Ordinance 2011-03
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Shall the seasonal exemption of non-prepared food items from borough sales taxes be repealed?
¨ YES. [A YES vote will repeal the 9-month exemption of non-prepared food items from sales taxes.]
¨ NO. [A NO vote will continue the 9-month exemption of non-prepared food items from sales taxes.]
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Ordinance 2011-03 |
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| Proposition No. 2 |
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Increasing Borough Sales Tax from 3.0 to 3.1 Percent with the Additional 0.1 Percent to be Used for Economic Development Purposes |
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To be voted on by all borough voters
Shall Ordinance 2011-23 providing for the imposition of a sales tax increase of 0.1 percent to be used solely for economic development purposes, be ratified?
Applicability: The Kenai Peninsula Borough is authorized by AS 29.35.210(a) to provide for economic development in the area of the borough outside of the cities. Pursuant to AS 29.35.110(c) a borough that has entered into an agreement with a city in the borough to cooperatively or jointly provide for economic development may use borough revenue from taxes collected areawide or nonareawide, to carry out the terms of the agreement.
Non-departmental expenditures in the budget are funded with property taxes and grants as all current sales taxes must be used for the school district pursuant to KPB 5.18.110(A); therefore, increasing the sales tax by .1 percent and using the proceeds from this increase to fund economic development would relieve some of the burden from property owners and shift it to all persons in the borough.
A 0.1 percent sales tax will add 1 cent to a $10 sale, or 10 cents to a $100 sale.
Before the borough may collect the additional tax it must enter into agreements with all cities in the borough to jointly or cooperatively provide for economic development.
Fiscal Note: If approved by a majority of the voters voting on the question at the October 4, 2011, the 0.1 percent would raise approximately $900,000 annually, based on the FY2011 sales within the borough.
Implementation: Effective January 1, 2012, if ratified by the voters at the October 4, 2011 Regular Election.
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BALLOT LANGUAGE
As approved by Ordinance 2011-23
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Shall Ordinance 2011-23 providing for the imposition of a sales tax increase of 0.1 percent to be used solely for economic development purposes, be ratified?
¨ YES. [A YES vote will increase sales tax by 0.1 percent to be used solely for economic development purposes.]
¨ NO. [A NO vote will leave the sales tax rate at its current level of 3.0 percent.]
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Ordinance 2011-23 |
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| Proposition No. 3 |
| Apportionment of the Assembly and Board of Education |
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To be voted on by all borough voters
Every ten years, the federal government conducts a census and remits population figures to each state and county in the nation. Both state law and the borough code require the Borough to review these figures and determine whether the current apportionment of the Assembly meets the constitutional mandate of equal representation and “one person - one vote.” The Borough is further mandated to place one or more plans of apportionment before the voters at its next regular election following final approval of a state redistricting plan.
On May 3, 2011, the Kenai Peninsula Borough Assembly declared itself and the Board of Education to be malapportioned through the adoption of Resolution 2001-045 and authorized the Assembly President to appoint a committee to review the distribution of population within the Borough, to conduct public hearings and solicit public comment with respect to Assembly and Board of Education apportionment, and to develop one or more plans for Assembly and Board of Education apportionment for consideration by the Borough Assembly. This committee met throughout the months of May and June and conducted public hearings in Seward, Homer, Kenai and Sterling. On July 5, the Committee submitted two different plans to the Assembly and recommended that the Assembly place both plans before the voters in October.
On August 2, 2011, the Assembly adopted Ordinance 2011-25 approving two plans for presentation to the voters. Conceptual maps of the two plans are provided on the following pages.
Plan 1 includes 9 single member districts. If adopted by the voters, this plan would realign existing Assembly and Board of Education District boundaries to provide districts of approximately 6,156 residents. If the actual qualified voters of an existing Assembly/ Board of Education District change by ten percent or more, the Assembly/Board of Education Member representing that District would be required to stand for reelection in October 2012. Assembly/Board of Education Members representing districts with changes affecting less than 10% of the district’s qualified voters and who have not completed their term of office may not be required to stand for reelection in 2012. This is a policy question that the Assembly will decide if this plan is adopted by the voters.
Plan 2 includes 11 single member districts. If adopted by the voters, this plan will create 11 new Assembly and Board of Education Districts. Each of these districts will contain approximately 5,036 residents. The 11 Assembly/Board of Education Seats would all be filled at the October 2012 election. The terms of office would be staggered so that three members would be elected for 1-year terms, four members would be elected for 2-year terms and four members would be elected for 3-year terms.
Following certification of the election, the Borough Assembly will adopt an ordinance putting into place the plan that receives a majority of the votes cast in October. Since it is the intent of the Borough to align Assembly Districts to follow state voter precinct lines as nearly as possible, the district lines on the conceptual maps presented prior to the election may be adjusted to follow the new precinct lines which will be adopted by the State of Alaska in the next few months.
FISCAL NOTE: The additional cost for Plan 2: Eleven (11) single member districts, relative to Plan 1: Nine (9) single member districts, would be approximately $48,000 annually for the Assembly and approximately $35,000 annually for the Board of Education.
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BALLOT LANGUAGE
As approved by Ordinance 2011-25
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Choose one of the Following Plans for Kenai Peninsula Borough Assembly and Board of Education Representation.
□ Plan 1: Nine (9) Single Member Districts
□ Plan 2: Eleven (11) Single Member Districts
DESCRIPTION OF APPORTIONMENT PLAN: State Law requires that the Kenai Peninsula Borough Assembly adopt an apportionment plan for Borough Assembly representation, after the 2010 federal census.
Kenai Peninsula Borough Ordinance 2011-25 meets this requirement by adopting and presenting to the voters for selection two representations and options, one of which is different from the current plan. The plan receiving the most votes will be put into place after the election. Both plans will result in some or the entire current Assembly and Board of Education member terms and seats being abolished beginning with the regular borough election in October 2012. Assembly and Board of Education members elected in the 2012 will serve staggered terms of one, two and three years. The current Assembly and Board of Education plan contains nine (9) districts with one member elected from each district.
The first option, Plan 1, would consist of nine (9) districts in the borough. Each district would have one Assembly member and one Board of Education member, elected by the voters of that district.
The second option, Plan 2, would consist of eleven (11) districts in the borough. Each district would have one Assembly member and one Board of Education member, elected by the voters of that district.
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| Ordinance 2011-25 |
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| Proposition No 4. |
| Abolishing the Lowell Point Emergency Service Area |
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To be voted on by voters residing within the Lowell Point Emergency Service Area
The Lowell Point Emergency Service Area (“LPESA”) was established in Ordinance 2003-03 by the Kenai Peninsula Borough Assembly and approved by the voters of the service area to provide emergency services to the community of Lowell Point on the eastern Kenai Peninsula immediately south of the city of Seward.
The LPESA encompasses the Lowell Point area on the eastern Kenai Peninsula immediately south of the City of Seward
This small community is in need of volunteers to respond to emergencies and the service area board of directors are precluded from volunteering as responders for the service area as they would have conflicting interests.
The premiums charged by the Kenai Peninsula Borough for insurance coverages including Workers Compensation are budgeted at $7,345 for fiscal year 2012. Total 2011 tax revenues for this service area were $20,528.
Alaska Statute 29.35.450(c) requires that the abolishment of a service area that provides fire protection services must be approved by the majority of the voters residing in the service area who vote on the question. At its meeting of June 14, 2011 the Lowell Point Emergency Service Area Board adopted LPESA Board Resolution 2011-084 supporting dissolution of the Lowell Point Emergency Service Area.
Implementation: If approved by a majority of the voters, the effective date of the abolishment will be July 1, 2012
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BALLOT LANGUAGE
As approved by Ordinance 2011-27
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Shall Ordinance 2011-27, providing for the abolishment of the Lowell Point Emergency Service Area, be approved?
□ Yes [A YES vote will abolish the Lowell Point Emergency Service Area.]
□ No [A NO vote will leave the Lowell Point Emergency Service Area in existence.]
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| Ordinance 2011-27 |
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| Proposition No. 5 |
| Establishing the Seldovia Recreational Service Area |
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To be voted on by voters residing within the Seldovia Voting Precinct
“Shall the Kenai Peninsula Borough be authorized to provide recreational services within the Seldovia Recreational Service Area established by Kenai Peninsula Borough Ordinance 2011-28 that are based out of and utilize the Seldovia Community Center, now known as the Sea Otter Community Center, presently located adjacent to Susan B. English School and other facilities as may be authorized by the borough assembly, and additional recreational services as are recommended by the service area board and established by the assembly through the budget process? Services to be provided may include but are not limited to senior citizen and youth programs, musical instruction and practice, accommodation of visiting schools during “Sea Week” and other Seldovia field trips, facility rental for organizations and individuals for meetings and celebrations, adult education, high speed internet access, community gatherings such as potlucks and dinners, karate instruction, arts and crafts instruction and facilitation, nature education and outdoor activities. The services shall be different from those provided by the City of Seldovia.”
Members of the Seldovia community have been working to find a way to ensure the continued use of the building recently vacated by the Seldovia Boys and Girls Club which is located at the southern portion of the Seldovia school property and is owned by the Kenai Peninsula Borough. These community members would like to keep the building available and operational for community recreation purposes.
More than 15 percent of the eligible voters who voted in the last regular borough election and within the area comprising the proposed Seldovia recreational service area have by petition requested the establishment of a Seldovia recreational service area in the area described by the petition which includes the Seldovia voting precinct.
As required by KPB 16.04.030 the mayor submitted a report to the assembly at the June 21, 2011, assembly meeting describing the proposed Seldovia service area boundary, the need for service, the assessed value of the area for fiscal year 2011, the estimated costs of the service area, and the population.
A special committee of the assembly conducted a public hearing within the proposed recreational service area on July 7, 2011, for the purpose of considering the necessity for the proposed service area with twenty (20) persons testifying in support of the service area and zero (0) persons opposed.
Due to the size and population of the area, the lack of needs for city government in much of the proposed area and certain character, resource, population, boundary, and standards for annexation to cities as described in 3 AAC 110.090 - 140 such services cannot be provided by an existing service area, by annexation to a city, or by incorporation as a city.
FISCAL NOTE: In the proposed service area boundaries there are a total of 1085 parcels, with a Kenai Peninsula Borough assessed value of $134,878,100 and a taxable value of $67,194,800 (Values are from the 2011 Certified Real Property Roll). One mill would equate to $67,194.00 per year.
IMPLEMENTATION: Ordinance 2011-28 establishing the service area will take effect after the city of Seldovia either agrees by ordinance to be included in the service area or approval is granted by a majority of the voters residing in the city and also by a majority of the remaining voters residing in the service area as required by AS 29.35.450 (a).
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BALLOT LANGUAGE
As approved by Ordinance 2011-28
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“Shall the Kenai Peninsula borough be authorized to provide recreational services within the Seldovia Recreational Service Area established by Kenai Peninsula Borough Ordinance 2011-28 that are based out of and utilize the Seldovia Community Center, now known as the Sea Otter Community Center, presently located adjacent to Susan B. English School and other facilities as may be authorized by the borough assembly, and additional recreational services as are recommended by the service area board and established by the assembly through the budget process? Services to be provided may include but are not limited to senior citizen and youth programs, musical instruction and practice, accommodation of visiting schools during “Sea Week” and other Seldovia field trips, facility rental for organizations and individuals for meetings and celebrations, adult education, high speed internet access, community gatherings such as potlucks and dinners, karate instruction, arts and crafts instruction and facilitation, nature education and outdoor activities. The services shall be different from those provided by the City of Seldovia.”
□ Yes [A YES vote will authorize the provision of the above recreational services in the Seldovia Recreational Service Area.]
□ No [A NO vote will prohibit the exercise of recreational powers in the Seldovia Recreational Service Area.]
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| Ordinance 2011-28 |
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