Legislature(2001 - 2002)

05/03/2001 03:55 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
                  HB  96-ACQUIRING JESSE LEE HOME                                                                           
                                                                                                                                
REPRESENTATIVE  LANCASTER  explained that  HB 96  would establish  a                                                            
task force  within the Department  of Natural  Resources to  look at                                                            
the site and structure  of the Jesse Lee Home in Seward to determine                                                            
what can be  saved and what the proper  management structure  should                                                            
be to protect both the site and facility.                                                                                       
                                                                                                                                
This home in Seward  was built in 1925 as a children's  facility and                                                            
played a critical role  in serving health care and educational needs                                                            
of Alaska's orphaned children.  A number of the children who grew up                                                            
in the home went  on to distinguish themselves in  a wide variety of                                                            
fields. The most  notable is Benny Benson Jr. who  designed Alaska's                                                            
State flag while  living at the home. The flag was  first officially                                                            
raised there on July 9, 1927.                                                                                                   
                                                                                                                                
A private  party purchased  the site  and facility  in 1964  and the                                                            
Kenai Peninsula Borough  has recently foreclosed upon it and intends                                                            
to deed the  property to the City  of Seward. The task force  should                                                            
be able  to recommend  what should  be done with  the structure  and                                                            
will  hopefully  recommend   that  the  City  of  Seward  take  over                                                            
management  and receive  grant donations  from  private entities  to                                                            
develop the site  and provide a state cultural and  historical site.                                                            
                                                                                                                                
The House Finance  Committee did not adopt the fiscal  note for some                                                            
reason but there  is a $65,000 fiscal note that is  matched. He then                                                            
read the following e-mail from Jim Stratton, Director of Parks:                                                                 
                                                                                                                                
     In  2001  the capital  budget  here appropriated  federal                                                                  
     funds to the Division of  Parks and Outdoor Recreation for                                                                 
     the  National  Historic  Preservation   Fund  and Federal                                                                  
     Grants  Program,  $640,000.  The  office  of  history  and                                                                 
     archeology  administers this grant program, which  is made                                                                 
     available to local governments  and non-profits as well as                                                                 
     the state  for restoration and preservation projects  like                                                                 
     the Jesse  Lee Home. All grants from this program  must be                                                                 
     matched  50-50.  With the  $35,000 general  fund matching                                                                  
     fund request  in our fiscal note for HB 96, we'll  be able                                                                 
     to secure, through a match,  an additional $35,000 for our                                                                 
     existing  2001 grant program.  We had set aside a portion                                                                  
     of the total  2001 National Historic Preservation  Fund in                                                                 
     the  federal grants  program for state  opportunities  for                                                                 
     this one.                                                                                                                  
                                                                                                                                
The Department  of Natural Resources  (DNR) is willing to  work with                                                            
the program and  provide the match for the general  fund of $35,000.                                                            
                                                                                                                                
SENATOR  PHILLIPS  said  language   in  the  bill  said  DNR  should                                                            
determine  the costs  and  set up  some options.  He  referred to  a                                                            
letter in  his bill packet  that said a  commission would  determine                                                            
the costs  and set up options  and wondered  whether the  commission                                                            
concept had been abandoned.                                                                                                     
                                                                                                                                
REPRESENTATIVE  LANCASTER said there was no commission  established.                                                            
                                                                                                                                
SENATOR PHILLIPS  asked why the date for recommendations  to be sent                                                            
to the governor was set for November 1, 2002.                                                                                   
                                                                                                                                
JIM  STRATTON,   Director  of  the  Division  of  Parks   &  Outdoor                                                            
Recreation  responded that  if the commission  could be established                                                             
and the  process completed  prior to the  2002 deadline they  would.                                                            
However,  he did not see  that there could  be a full archeological                                                             
review of  the structure  and a full round  of discussions  with the                                                            
community completed  by the end of this year and ready  for the next                                                            
legislative  session  so  he  asked  for  a  year's  extension.  The                                                            
department  would  like  to have  the  conclusions  and move  on  as                                                            
quickly as possible.                                                                                                            
                                                                                                                                
CHAIRMAN  THERRIAULT  said  Senator  Phillips'  question  came  from                                                            
section 2, which  reads, "The Department of Natural  Resources shall                                                            
determine the  costs and procedures"  and it doesn't talk  about the                                                            
formation  of a  commission.  He asked  whether that  was still  the                                                            
intent.                                                                                                                         
                                                                                                                                
MR. STRATTON  said yes, their intent  is to establish a commission.                                                             
                                                                                                                                
SENATOR PHILLIPS said the sponsor said no commission.                                                                           
                                                                                                                                
REPRESENTATIVE  LANCASTER  said  to Mr.  Stratton,  "I thought  we'd                                                            
talked about just  establishing a committee to hire  an architect to                                                            
take a look at this facility.  A committee of interested persons and                                                            
someone from  the department and the  architect would actually  tell                                                            
us the valuation  of the site and  then we'd make recommendations."                                                             
                                                                                                                                
MR. STRATTON said  they were both talking about the  same thing; the                                                            
terminology  is just mixed up. A committee  would be established  to                                                            
hire the architect who  will make recommendations about what can and                                                            
cannot   be  done   with   the  structure   itself.   In  terms   of                                                            
recommendations  of  what to  do with  the property,  the  committee                                                            
would work  with DNR  to make  those determinations.  DNR would  not                                                            
work  independently;   they   want  to  work   with  the   committee                                                            
Representative Lancaster mentioned.                                                                                             
                                                                                                                                
SENATOR PHILLIPS  questioned that  it would take 18 months.  He also                                                            
wanted to know  whether the building  would be restored to  its 1926                                                            
condition.                                                                                                                      
                                                                                                                                
MR. STRATTON  wasn't sure the building  could be restored  or if the                                                            
amount  of money  it would take  to restore  it would  be worth  the                                                            
investment.  That's  the investigation  that  needs to  be done.  He                                                            
thought it could be done in less than 18 months but not in six.                                                                 
                                                                                                                                
REPRESENTATIVE  LANCASTER  said there  was a study  of the  building                                                            
done in 1999 and  the condition was marginal. It was  not a complete                                                            
study though  so there is need for  further investigation.  The goal                                                            
is  to restore  the  building  if  that  is possible  and  money  is                                                            
available.                                                                                                                      
                                                                                                                                
CHAIRMAN THERRIAULT  asked why there is a movement  toward the state                                                            
owning and being responsible  for maintenance and ongoing operation,                                                            
rather than the state participating  in helping the local government                                                            
to  renovate the  facility  and  then having  the  local  government                                                            
responsible  for coming up with the  operational plan and  operating                                                            
it.                                                                                                                             
                                                                                                                                
REPRESENTATIVE LANCASTER  thought it was because the borough was the                                                            
automatic  entity to receive  the property  through the foreclosure                                                             
process.  Since  the city  did not  have  sufficient  funds for  the                                                            
evaluation  process,  Mr. Stratton  thought  DNR could  help in  the                                                            
evaluation process.                                                                                                             
                                                                                                                                
CHAIRMAN THERRIAULT  said there was  money in the capital  budget or                                                            
they could pass  a separate appropriation bill they  could have come                                                            
up with money to underwrite  the effort but not to assume control of                                                            
the property in  perpetuity. He asked whether that  was necessary at                                                            
this point.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  LANCASTER didn't know that it was  necessary or even                                                            
the goal. The  committee and the DNR  commissioner would  decide who                                                            
should control  and manage it in the  future. This is a first  step.                                                            
                                                                                                                                
CHAIRMAN  THERRIAULT   pointed  out   that  section  2  says,   "The                                                            
Department  of  Natural  Resources  shall determine  the  costs  and                                                            
procedures necessary for the state to acquire,".                                                                                
                                                                                                                                
REPRESENTATIVE  LANCASTER  said he didn't  know that  there was  any                                                            
goal for the  state to acquire and  own the property. The  committee                                                            
needs to determine who can best manage the facilities.                                                                          
                                                                                                                                
CHAIRMAN THERRIAULT  said he wasn't  interested in the state  paying                                                            
the city  to take  on the  responsibility  and wanted  to know  what                                                            
Representative  Lancaster had in mind as far as that  was concerned.                                                            
                                                                                                                                
REPRESENTATIVE LANCASTER  didn't think anyone had that in mind. They                                                            
would  like to  get the  department's  recommendation  about how  it                                                            
should be managed.                                                                                                              
                                                                                                                                
CHAIRMAN  THERRIAULT asked  Mr. Stratton whether  he envisioned  the                                                            
state taking ownership of the property.                                                                                         
                                                                                                                                
MR. STRATTON  said no, he  would like to  facilitate the  discussion                                                            
and  figure  out  what to  do  with  the property   and set  up  the                                                            
management  scheme.  He is very  interested  in the  City of  Seward                                                            
retaining ownership.                                                                                                            
                                                                                                                                
CHAIRMAN  THERRIAULT  asked if  there was  any reason  for the  bill                                                            
being  written so  that the  state  was responsible  for  acquiring,                                                            
developing and managing the property.                                                                                           
                                                                                                                                
MR. STRATTON said, from  his perspective, there was no reason for it                                                            
to be written that way.                                                                                                         
                                                                                                                                
SENATOR  DAVIS asked whether  anyone  had a copy  of the 1997  study                                                            
that  indicated  the  building   was  marginal.  She  asked  for  an                                                            
interpretation of "marginal."                                                                                                   
                                                                                                                                
REPRESENTATIVE  LANCASTER said  he would make  a copy available.  He                                                            
used the term  "marginal" because it was more a walk  through rather                                                            
than a complete and professional evaluation.                                                                                    
                                                                                                                                
SENATOR DAVIS  asked the question  because she had received  several                                                            
personal opinion messages  (POMs) stating that a study had been done                                                            
by the City of Seward.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LANCASTER  responded  an independent  party who  was                                                            
thinking  of purchasing  the home  from the previous  owner had  the                                                            
study done.                                                                                                                     
                                                                                                                                
RAY GILLESPE  testified  that he  was representing  himself and  his                                                            
family. He  was born and raised in  Seward and is familiar  with the                                                            
history of  the Jesse Lee Home. He  went to school with the  orphans                                                            
and  his wife's  mother grew  up in  the orphanage  when  it was  in                                                            
Unalaska.  She then became  one of the house  parents when  the home                                                            
was moved to Seward and she raised her family there.                                                                            
                                                                                                                                
The facility  has historical  significance  and he  hopes a plan  is                                                            
developed to preserve it.                                                                                                       
                                                                                                                                
CHAIRMAN  THERRIAULT  asked whether  he had  interest  in the  state                                                            
acquiring the  facility since that  is the way the bill is  written.                                                            
                                                                                                                                
MR. GILLESPE said  he was familiar with a number of  individuals who                                                            
are interested in preserving  the site and none of them think it's a                                                            
foregone  conclusion  that  the  state  will  own  and  operate  the                                                            
facility.  That could be  explored but he  didn't believe the  state                                                            
would obligate  itself  to purchase  the facility  if it passed  the                                                            
legislation.  He suggested  the wording  could be  changed prior  to                                                            
moving the bill.                                                                                                                
                                                                                                                                
CHAIRMAN  THERRIAULT  said  he  would be  more  comfortable  if  the                                                            
wording  said  the  state  would   assist  the  City  of  Seward  in                                                            
developing a plan. If the  local government can't handle the project                                                            
without state  involvement that's  a future decision but  he doesn't                                                            
want to obligate the state from the beginning.                                                                                  
                                                                                                                                
MR.  GILLESPIE  said  that  wording   is  closer  to  the  community                                                            
expectations.                                                                                                                   
                                                                                                                                
TIM ROGERS,  Alaska Children's Services  Board Member, testified  in                                                            
support of the  efforts to renovate the Jessie Lee  campus. They are                                                            
willing to work  with DNR, the City of Seward and  any other parties                                                            
to facilitate the project.                                                                                                      
                                                                                                                                
CHAIRMAN  THERRIAULT said  HB 96 would  be set  aside. An  amendment                                                            
would be drafted  during the meeting break so the  legislation could                                                            
be considered for final action that day.                                                                                        
                  HB  96-ACQUIRING JESSE LEE HOME                                                                           
                                                                                                                                
CHAIRMAN THERRIAULT  called the meeting  back to order at  6:45 p.m.                                                            
Present were Senators Davis, Phillips and Chairman Therriault.                                                                  
                                                                                                                                
He explained  that the original  bill as it  come to the  committee,                                                            
presupposed  that the state  would acquire  the home and develop  it                                                            
for historic  value.  The redrafting  does not  presuppose that  the                                                            
state  would purchase  the home.  It does  ask for  the state  to be                                                            
involved  in  the assessment  of  how  the home  can  be  preserved,                                                            
developed and managed in the future.                                                                                            
                                                                                                                                
Page 2, section  2(b) is not needed  because it asks for  options if                                                            
the state  did  not purchase.  It is  unneeded because  there is  no                                                            
longer any presupposition the state will purchase the home.                                                                     
                                                                                                                                
He noted the presence of staff for the prime sponsor.                                                                           
                                                                                                                                
HELEN DONOHUE,  staff to  Representative Lancaster,  said they  have                                                            
reviewed the changes to the bill and have no objections.                                                                        
                                                                                                                                
CHAIRMAN THERRIAULT  asked for questions or other  amendments. There                                                            
were none.                                                                                                                      
                                                                                                                                
He noted the fiscal note from DNR dated April 1, 2001.                                                                          
                                                                                                                                
He asked for the will of the committee.                                                                                         
                                                                                                                                
SENATOR DAVIS  moved CS CSHB 96(STA) and fiscal note  from committee                                                            
with individual recommendations. There were no objections.                                                                      

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