Core zoning prompts second recall attempt

MAT-SU -- The Mat-Su Borough mayor and assembly members may be facing a second recall attempt as a result of community disagreement over the potential zoning of the core area.

Penny Nixon, self-proclaimed "Joe Bag-of-Donuts Citizen Voter," spoke during audience participation at last week's assembly meeting. After saying he was incensed to hear borough residents would not be able to vote on a zoning proposal before it became law, Nixon read into public record his intent to recall the mayor and assembly members. The body, he said, "failed to represent the areas by which they were elected."

Nixon, at the meeting, did not state which assembly members in particular he was interested in recalling. During a break, Nixon said he had not yet ironed out the details of the recall, and planned to work them out in the coming days.

"This is new ground for me," Nixon said.

The assembly's previous unwillingness to take the matter to a vote was what drove the petition, Nixon said.

"For a million reasons, we elect people to handle the day-to-day issues," Nixon said. "However, we don't abdicate our rights by doing that. We retain those rights."

Borough Clerk Sandra Dillon said no recall petition had been received by her office as of Friday. Borough Mayor Tim Anderson said he's not too concerned about the recall effort.

"We've been through this once," Anderson said. "We do know that there are procedures they have to go through …"

Anderson mentioned the previous recall attempt, as well as the court case between assembly member Jim Colver and Borough Clerk Sandra Dillon, in which Anchorage Superior Court Judge Peter Michalski found that the grounds listed for Colver's recall lacked "particulars" and ruled that Dillon should not release the petition.

"I would certainly hope that they would look at all those before [filing]," Anderson said.

He added that he felt launching such a petition was hasty, as the assembly has not yet had a chance to act on the zoning proposal.

"We don't have a document," Anderson said. "I think this is all premature … we have nothing to consider. It seems to me we should have a document before us."

Nixon is not the only one tapping into the public's disapproval of the proposed zoning ordinance in hopes of halting work on it.

Borough resident and core-area property owner Sande Wright appeared again before the borough assembly last week, and presented the body with 2,896 signatures from people who would like to see the scope of the zoning ordinance significantly changed. At the assembly's March 12 meeting, Wright presented the assembly with 1,396 signatures. The petition advises the borough to "abolish" the proposed zoning framework, explore other options, encourage citizen input and put the matter to a public vote.

Anderson said bringing the matter to a public vote was not outside the realm of possibility. Such a vote would have inherent problems, he said, but a vote may be feasible.

In 1999, Anderson said, there was discussion of putting on the ballot an advisory vote about whether zoning should be considered for the core area. However, as many borough districts cross the lines of the core area, there was no way to ensure only core-area residents voted on the matter.

"They had to do [the advisory vote] borough-wide, but this document doesn't affect borough-wide," Anderson said.

Anderson said he is continuing to mull possibilities that would

allow the matter to come before voters.

"Based on what I see at the state, there's usually a procedure to go through … to get an issue before the voters," Anderson said.