Legislature(2009 - 2010)BELTZ 105 (TSBldg)
02/23/2010 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB276 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 276 | TELECONFERENCED | |
HB 276-FORT ROUSSEAU CAUSEWAY HIST PARK
3:34:18 PM
CHAIR OLSON announced the first order of business to come before
the committee was HB 276. [CSHB 276(CRA) was before the
committee.]
REPRESENTATIVE PEGGY WILSON, sponsor of HB 276, said the bill is
a housekeeping bill pertaining to the 2007 legislation turning
Fort Rousseau into a state park. The legislation inadvertently
included uplands, tidelands and water adjacent to the Sitka
airport in the state park designation. Excluding this area from
the park will not affect park access. About $30 million worth of
work at the Sitka airport is scheduled over the next couple of
years and the Department of Transportation and Public Facilities
(DOTPF) needs control over the area or federal grant money may
be withheld. For reasons of security and continued funding, she
asked the committee to consider passing HB 276.
REID HARRIS, aide to Representative Peggy Wilson, said Fort
Rousseau is on the southwest side of Japonski Island which is
also the site of the Sitka airport. He explained that
Representative Peggy Wilson carried the legislation that formed
Fort Rousseau as a state park in 2007 and HB 276 is a boundary
fix. HB 276 will restore the land parcel at issue to DOTPF.
State Parks and the Department of Natural Resources (DNR) are
both ok with DOTPF having control of the parcel again. The area
contains navigation aids and some aircraft equipment; the
airport needs to have the area for security reasons.
3:38:11 PM
He explained that a security fence is already in place where
Fort Rousseau State Park abuts the land parcel at issue.
Exclusion of the land parcel from park boundaries will have no
effect on public access, which is intended to be from the water.
Sitka Trails and DNR were initially concerned that their access
to the park, for maintenance, could be restricted if the airport
retakes control of the land parcel. However, a current
permitting process for both the Federal Aviation Administration
(FAA) and DOTPF is would allow their contractors to cross the
runway.
The Airport Improvement Project Grant Funds provide 95 percent
of the funding for capital improvements at airports. The FAA has
stated that DOTPF must demonstrate adequate property interest in
order to receive the funds. Failure to comply could result in
the funds being withheld. Sitka is expecting $30 million in the
next two years for runway expansion and further improvements.
CHAIR OLSON asked how much land is in the area that needs to be
turned back over to DOTPF.
MR. HARRIS replied 6.5 acres.
CHAIR OLSON asked if the plan is to extend the runway to
accommodate larger aircraft.
MR. HARRIS replied he does not think so.
CHAIR OLSON asked what opposition HB 276 has had.
MR. HARRIS reiterated that the local trail group initially
expressed concern but is happy with the permitting process in
place.
3:41:23 PM
CHAIR OLSON asked Jim Culver to speak to the proposed committee
substitute in front of the committee [SCS CSHB 276(CRA), Version
P.]
JIM CULVER, aide to Senator Olson, said the legal description of
the land within the park describes the land, not the waters. He
explained that the DOTPF wants to claim the portion of the park
that is within 1100 feet of and parallel to the runway.
3:44:06 PM
He said, as a licensed surveyor, a legal description would not
normally start with an exception clause, but rather would start
with a description of the land, followed by the exception
clause. He said he analyzed the land parcel at issue, rewrote
the exception clause and moved it to follow the description of
the land parcel on page 1, lines 11-14 in Version P. He noted
that he worked with another official on this but did not have
time to "run it all the way up the food chain in DOT." He noted
that a remaining issue is whether or not Lot 89, a tiny island,
is within 1100 feet of the center line of the airport. He would
add the exception clause to Lot 89 on page 3, line 3, of Version
P. He reiterated that he rewrote the exception clause to be more
clear, concise and typical from a surveyor's point of view.
3:46:55 PM
SENATOR MENARD said she is a little troubled by him not running
it up through DOTPF.
MR. CULVER said his understanding, from talking to the right of
way agent for the Southeast district, was that they had drafted
it with the exception clause at the end, as typical, and were
not aware that Legislative Legal had redrafted it. Mr. Culver
said he thought he had followed proper protocol and had informed
Representative Peggy Wilson that he was working on some possible
changes for Chair Olson to consider. At no point was he moving
ahead and he did try to keep DOTPF in the loop.
SENATOR MENARD said she would like DOTPF to be involved before a
committee substitute is brought forward.
3:48:54 PM
CHAIR OLSON asked how the bill deals with climate change issues,
for example, erosion and changing shoreline contours.
MR. CULVER replied that if the water table goes up, land is
lost. He said it is within a tideland survey; these tidelands
may be municipally owned or under state ownership.
CHAIR OLSON asked if new legislation would be needed if the
contours change.
MR. CULVER answered no because the boundary is the mean high
water in coastal properties; the boundary changes with the
shoreline.
3:50:35 PM
MARY SIROKY, Special Assistant to the Commissioner, Department
of Transportation and Public Facilities (DOTPF) said DOTPF asked
Representative Peggy Wilson to carry this legislation and
prefers Version S.
SEAN LYNCH, Attorney, Department of Law, said he works with
DOTPF and HB 276 has been assigned to him.
3:52:59 PM
CHAIR OLSON called an at ease from 3:52 p.m. to 3:54 p.m.
3:54:04 PM
CHAIR OLSON asked Mr. Lynch to comment on CSHB 276(CRA), Version
S.
MR. LYNCH said Version S sets up an exclusion of all property
within 1100 feet from the center line of the airport. He
explained that the language was intentionally drafted to capture
any changes that may happen in the future such as shoreline
accretion of Lot 89, a manmade dock or renumbering the lots. The
purpose of setting the exclusion up front was to draw the 1100
foot line and say everything [beyond that] is park property.
CHAIR OLSON asked if Lot 89 is completely outside the 1100 foot
line.
MR. LYNCH replied that is correct.
CHAIR OLSON asked if land is rising in the Sitka area.
MR. LYNCH replied yes, glacial rebound does affect the Sitka
lands.
CHAIR OLSON said he would like to hear what DOTPF thought of the
proposed committee substitute [Version P].
3:56:49 PM
MS. SIROKY said DOTPF prefers [Version S] because the exclusion
gives DOTPF the control needed to maintain and operate an
airport that meets FAA requirements.
CHAIR OLSON asked if new legislation would be required for DOTPF
to maintain authority over the area if the land contours change
due to glacial rebound.
MS. SIROKY answered that she understood new legislation would be
needed.
MR. LYNCH confirmed that according to Version P, new legislation
would be needed. He explained if Lot 89 enlarged, crossing the
line within 1100 feet of the airport's center line, an amendment
would be needed to include that portion of Lot 89 in the
exclusion.
SENATOR THOMAS asked if the Department of Law initially accepted
all of the land that was north and easterly of the 1100 foot
mark and then went through, parcel by parcel, and identified it
as being part of the state park.
MR. LYNCH said that when the park was created, lot numbers were
specified and transferred from the airport to DNR jurisdiction.
By mistake, the 1100 foot line was not put in the original
legislation that created the park even though a fence has always
been at 1100 feet.
3:59:57 PM
CHAIR OLSON asked Representative Peggy Wilson for a brief
conclusion.
REPRESENTATIVE PEGGY WILSON replied that she would like to have
Version S passed. She reiterated that Version S would not
require any further legislation if the land changes; anything
within 1100 feet of the center line of the airport is excluded
from the park.
4:01:59 PM
SENATOR THOMAS moved to report CSHB 276(CRA), referred to as
Version S, from committee with individual recommendations and
accompanying fiscal notes. There being no objection, it was so
ordered.
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