Legislature(2003 - 2004)
02/09/2004 01:33 PM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
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ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
February 9, 2004
1:33 p.m.
TAPE (S) 04-3
MEMBERS PRESENT
Senator Bert Stedman, Chair
Senator Thomas Wagoner, Vice Chair
Senator Gary Stevens
MEMBERS ABSENT
Senator Kim Elton
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SENATE BILL NO. 260
"An Act relating to metropolitan planning organizations and to
establishment of a metropolitan planning organization for the
Anchorage metropolitan area; and providing for an effective
date."
MOVED SB 260 OUT OF COMMITTEE
PREVIOUS ACTION
BILL: SB 260
SHORT TITLE: METROPOLITAN PLANNING ORGANIZATIONS
SENATOR(s): STEVENS B
WITNESS REGISTER
Senator Ben Stevens
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor SB 260
Craig Lyon
Municipality of Anchorage
4501 South Bragaw
Anchorage, Alaska 99508
POSITION STATEMENT: Opposed SB 260
Dick Tremain
Anchorage Assembly
4501 South Bragaw
Anchorage, Alaska 99508
POSITION STATEMENT: Opposed SB 260
Deanna Essert
No address provided
POSITION STATEMENT: Supported SB 260
Mary Whitmore
No address provided
POSITION STATEMENT: Supported SB 260
Theodore Volin
No address provided
POSITION STATEMENT: Supported SB 260
Gordon Keith
Department of Transportation &
Public Facilities
3132 Channel Dr.
Juneau, AK 99801-7898
POSITION STATEMENT: Testified on SB 260
Will Bline
No address provided
POSITION STATEMENT: Supported SB 260
David Lee
No address provided
POSITION STATEMENT: Supported SB 260
ACTION NARRATIVE
TAPE 04-3, SIDE A
CHAIR BERT STEDMAN called the Senate Community and Regional
Affairs Standing Committee meeting to order at 1:33 p.m. Present
were Senators Gary Stevens, Wagoner, and Chair Stedman.
SB 260-METROPOLITAN PLANNING ORGANIZATIONS
CHAIR BERT STEDMAN announced SB 260 to be up for consideration
and that he intended to move the bill that day provided no
issues were raised to slow that process. He read the bill title
and invited the sponsor to come forward and introduce the bill.
SENATOR BEN STEVENS, sponsor of SB 260 and representative from
Senate District N in Anchorage, reported this is the third time
this bill has been introduced. The legislation would change the
makeup of the Anchorage Metropolitan Planning Organization (MPO)
by increasing the board membership from five to seven members to
include two legislators that were elected from the Anchorage
area.
He referred to the Distribution of Federal-Aid Transportation
Formula Funds Per 17 AAC 05.155-200 chart to point out that
AMATS [Anchorage Metropolitan Area Transportation Solutions] has
discretionary use of 27.8 percent of the state's available
surface transportation funds. He described his motivation for
sponsoring the legislation as an effort to bring increased
transparency to the public process in the AMAT procedure.
Elected Anchorage officials would be more involved and help
AMATS meet its objective to enhance transportation systems in
the Anchorage area.
SENATOR THOMAS WAGONER asked whether a legislator from outside
the Anchorage area could serve.
SENATOR BEN STEVENS told him that is a good question and brings
up a valid point that needs clarification. He explained that
legislators from districts other than Anchorage wouldn't be
eligible to sit on the Anchorage Metropolitan Area
Transportation Solutions Board. Only officials elected from
Anchorage would be considered
SENATOR WAGONER noted the Kenai Peninsula Borough has a
population that is close to the threshold. Mary Jackson
discussed the issue of urban area and urbanized area with him
and he asked the sponsor whether he had a copy of the
definitions.
SENATOR BEN STEVENS said he didn't have a copy.
SENATOR WAGONER stated he had no questions and fully supports
the bill.
SENATOR GARY STEVENS said he was ready to move the bill.
CHAIR STEDMAN acknowledged he wasn't as familiar with the bill
and asked if it was correct that it targets areas with
populations that exceed 200,000.
SENATOR BEN STEVENS confirmed it did and explained the 200,000
population threshold was incorporated so that Fairbanks isn't
required to participate. He noted that Fairbanks is beginning to
pay attention to the problems that Anchorage is experiencing and
if Fairbanks legislators so desired, adjustments could be made
to include that area.
CHAIR STEDMAN commented the board composition would go from 5 to
7 members, which wouldn't be unwieldy and noted the effort is to
increase public awareness and participation within the board.
SENATOR BEN STEVENS agreed.
CHAIR STEDMAN announced there were a number of individuals that
wanted to give testimony via teleconference. He asked Craig Lyon
to identify himself and state his position.
CRAIG LYON, AMATS coordinator for the Municipality of Anchorage,
outlined the history of the team. He reported that the annual
$40 million in federal funding accounts for about 90 percent of
the public money for development of the Anchorage transportation
system.
The AMATS policy committee is charged with approving the
transportation plan and programs as well as providing the policy
direction of the AMATS process. SB 260 proposes to add two
[locally elected] legislators to the AMATS policy committee and
the Municipality of Anchorage opposes that for a number of
reasons not the least of which is the issue of local control.
MR. LYON explained that Metropolitan Planning Organizations
(MPO) were established by the federal government for the purpose
of prioritizing spending federal transportation money within
certain urbanized municipalities. Adding two more state
positions to the MPO would tilt the balance away from local
control, he opined. At present, the process allows private
citizens the opportunity to discuss transportation issues with
their local representatives. He pointed out that legislators
spend five months in Juneau each year, which would decrease
public participation of the process "if citizens couldn't meet
with two members of the policy committee due to their being in
Juneau."
He argued that the bill is also inconsistent with federal law
because the Federal Highway Administration has stated in writing
that the action suggested in this legislation would restructure
and redesignate the MPO. The governor and the local governing
body would have to agree to the restructuring and if agreement
couldn't be reached, there would be no functioning MPO process
in Anchorage, which could jeopardize federal highway funding.
He cited a February 2004 conversation between Mayor Mark Begich
and the Secretary of Transportation where Secretary Mineta
expressed support for the status quo. The Anchorage Assembly has
opposed similar legislation in the past, he declared, and that
position hasn't changed as evidenced by a February 3, 2004
resolution that passed with overwhelming support. In addition,
the State and Local Government Committee of the Anchorage
Chamber of Commerce voted to oppose the bill.
SENATOR WAGONER referred to the comment regarding tilting away
from local control and remarked that his interpretation is that
the committee would have more local control through the addition
of two Anchorage legislators.
MR. LYON replied he was relying on previous federal highway
statements that refer to legislators as state officials rather
than local officials. As such that would add two more state
officials to the policy board for a total of four thereby
tilting the balance.
SENATOR WAGONER asked how often the committee meets in
Anchorage.
MR. LYON replied the AMATS policy committee meets once a month.
SENATOR WAGONER noted the legislative session lasts 120 days so
the two Anchorage legislators would have to fly to Anchorage
four times or make arrangements to attend four meetings
telephonically. He wasn't sure that would be a reason not to
have Anchorage legislators on the committee.
SENATOR BEN STEVENS distributed copies of a letter from David
Miller, federal highways administrator in Juneau, addressing
this issue during a previous bill hearing on the same topic. Mr.
Miller stated there is nothing in federal regulation prohibiting
legislators from being members of a MPO. He then asked Mr. Lyon
to provide him a copy of any correspondence between Secretary
Mineta and Mayor Begich corroborating the statement that
Secretary Mineta prefers the status quo.
CHAIR STEDMAN announced he didn't want to take redundant
testimony. He noted that Dick Traine from the Anchorage Assembly
was on the list to testify and if Mr. Lyon had omitted a point,
then Mr. Traine was welcome to give new information.
Mr. Traine was not online.
MR. DICK TREMAIN testified via teleconference. After he
introduced himself, he made an effort to distinguish himself
from Mr. Traine in a provocative manner.
CHAIR STEDMAN firmly warned him about making only appropriate
comments in a public meeting.
MR. TREMAIN announced that he was representing the Municipality
of Anchorage. Several years ago he sat on the AMATS committee as
one of three publicly elected local officials and found the
committee's workings "to be Byzantine at best, not
understandable, projects moved around in priority without any
apparent reason to the policy makers.
The policy committee found that the project managers were
setting priorities and the policy makers weren't getting full
information. Senator Donley was interested in participating at
that time and he was invited to do so. In fact, the committee
extended the invitation to the all legislators. He emphasized
that anytime legislators sit at the table, members listen to
what they say.
While he served on the AMATS committee and since, he noted there
have been divided votes between the mayor and the assembly,
between Anchorage elected officials and state appointed
officials. There was never any evidence that the parties were
acting in collusion.
He noted that Senator Ben Stevens said he would like to give
transparency to the public process and although they welcome the
assistance, he believes it is disingenuous to suggest that
voting is the only way to bring transparency to the process.
MR. TREMAIN reported that he sits on a number of committees
representing Anchorage where he has no official voice yet he is
always welcome to participate and contribute. He agrees that
more public participation is needed and that the process should
be more understandable. He welcomes ways to better accomplish
that, but policy meetings are open and decisions are not made
behind closed doors.
On February 3, 2004 the assembly passed resolution 2437 clearly
stating they do not support SB 260. That position hasn't changed
in the last five years. "If state law, as passed by your joint
bodies and the governor, come in conflict with local decision,
there will have to be some negotiations between the governor and
the mayor." Federal funds are at risk, he asserted.
Anchorage, he concluded, receives 27.8 of the federal surface
transportation funds for the state, but it has 40 percent of the
population. Perhaps, he suggested, legislators should give
Anchorage more funds.
There were no questions.
CHAIR STEDMAN called Tom Chapple.
TOM CHAPPLE, director of air quality, Department of
Environmental Conservation, informed members he has been a
member of the AMATS committee as one of the two state officials.
He was available for questions and had no specific testimony.
DEANNA ESSERT, testified via teleconference to say she is
concerned that the budget is using road dollars for enhancement
projects and citizens are being forced to bond for roads. She
attends public meetings as a concerned citizen and at one time
someone chided her for attending so frequently and commented
that she didn't have anything better to do.
She charged that local government isn't listening to community
needs. Rather, they are responding to wants. She understands 40
percent of the Anchorage roads are state owned and she knows
they aren't in good repair.
As a taxpayer, she would like to know where the enhancements are
calculated in the budget She has asked and has received no
response to her inquiries. She understands that construction and
design costs for enhancements are hidden in the road budget,
which makes it difficult to know how much is spent on
enhancements.
Several community councils have passed resolutions asking that
enhancements be restricted to the federally mandated 10 percent,
but AMATS has not responded to them either. She concluded, "I'm
just a concerned citizen and I want my money spent so that it
will protect the roads."
SENATOR GARY STEVENS asked her to clarify whether she was
testifying in favor of SB 260.
MS. ESSERT replied she supports SB 260.
MARY WHITMORE, South Anchorage resident, insisted it's time that
AMATS becomes more accountable for how federal highway funds are
used. She stated, "I think SB 260 will provide more
representation on AMATS and a hope for accountability." As a
community council member, she reported that AMATS has not
responded to questions that were posed.
She insisted AMATS has been spending more than the required 10
percent on enhancements and has been using road dollars for
enhancement projects. Mayor Begich is asking citizens to vote in
favor of a $46 million road and drainage bond but, she declared,
with increased accountability more than half of the projects
could be funded with AMATS money in the next four years.
MS. WHITMORE said she looks forward to having local legislative
representation on the AMATS policy committee. "We should start
fixing AMATS so AMATS can start fixing our roads."
THEODORE VOLIN stated he would address several issues regarding
the municipal assembly meeting referenced earlier. He clarified
the conversation focused on AR 2004-26 and the vote was not
overwhelming; three people didn't support the resolution.
He noted that the state attached conditions when it transferred
the coastal trail [Tony Knowles Coastal Trail] project back to
the Municipality of Anchorage. AMATS advised the municipality
not to accept those conditions, which he finds troubling. He
urged favorable action on the bill.
GORDON KEITH, acting regional construction and operations
director for the central region, DOTPF, and acting chair of the
AMATS policy committee, reported that DOTPF supports SB 260. He
stated, "It boils down to representation in the public process;
and I think with a greater number of people we have more
representation of a greater constituency and it reduces the
chance of special interest groups controlling AMATS."
However, according to the Federal Highway Administration there
is a problem with the bill. To change the composition of the
committee, one of two things must happen:
· AMATS, in cooperation with the state, could agree to add
members
· AMATS could be redesignated by agreement between the
governor and the municipality
There were no questions.
WILL BLINE expressed support for SB 260 because of local
control. He charged there are a lot of South Anchorage residents
that have no representation so the public isn't being served.
DAVID LEE, Ocean View resident, stated support for SB 260
because he feels more local control is needed to prioritize
projects. A number of community councils have been involved in
trying to influence the AMATS process and they have been
unsuccessful in their efforts. Although it has recently become
easier to get copies of minutes, the transparency of the process
has been disappointing and trying to determine what money is
spent has been difficult. Restricting enhancements to 10 percent
would be a step in the right direction.
There were no questions.
CHAIR STEDMAN closed public testimony.
SENATOR GARY STEVENS established that a legislator would need to
have more than half of his or her district in Anchorage to be
eligible to serve on the board then asked the sponsor how many
Senators and Representatives were in that pool.
SENATOR BEN STEVENS replied he wasn't sure how many were in the
pool, but there are 6.5 Senators that would qualify and a
corresponding 13 Representatives.
CHAIR STEDMAN remarked he would not ask the sponsor to define
half a Senator.
SENATOR BEN STEVENS laughed and clarified he was referring to
districts. There would be at least 6 Senators and 12
Representatives.
CHAIR STEDMAN asked for a motion.
SENATOR WAGONER made a motion to pass SB 260 from committee with
individual recommendations and attached fiscal note. There being
no objection, it was so ordered.
CHAIR STEDMAN announced the next meeting would be held Wednesday
February 11, 2004 at which time SB 269 would be heard. With no
other business to come before the committee, he adjourned the
meeting at 2:10 pm.
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