Legislature(1999 - 2000)
05/16/1999 02:07 PM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
May 16, 1999
2:07 PM
TAPES
SFC-99 # 142, Side A and Side B
CALL TO ORDER
Co-Chair Torgerson convened the meeting at approximately
2:05 PM.
PRESENT Senator Sean Parnell, Senator John Torgerson,
Senator Randy Phillips, Senator Gary Wilken, Senator Lyda
Green, Senator Al Adams were present when the meeting
convened. Senator Loren Leman, Senator Pete Kelly and
Senator Dave Donley arrived shortly thereafter.
Also Attending:
Names of witnesses are listed in the minutes in the order
they testified.
SUMMARY INFORMATION
HB 131-ANCHORAGE COASTAL WILDLIFE REFUGE
The committee heard public testimony and had questions for
the Department of Transportation and Public Utilities and
the sponsor. The bill was reported out of committee.
HOUSE BILL NO. 131
"An Act relating to public rights-of-way and easements
for surface transportation across the Anchorage
Coastal Wildlife Refuge."
Public testimony was taken via teleconference from
Anchorage and in-person from Juneau.
The following witnesses testified via teleconference from
Anchorage:
SANDRA JONES believed the public process of any changes to
the refuge was important. She supported the legislation
before the committee.
WAYNE PICHON, 25-year Anchorage resident living along the
refuge and former Alaska Coastal Zone Management
Coordinator for the federal government in Alaska. He
detailed his experience in wetlands management and related
publications he authored. As a wetland scientist, he felt
that a surface transportation right-of-way would harm the
refuge.
DEANNA ESSERT represented the 25,000 residents who lived
along the refuge as the designated spokesperson. She felt
the Executive Branch had overextended its powers and they
were looking toward the Legislature for assistance.
Senator Al Adams wanted to know when the public hearings
were held, what plan was before them for consideration.
Was it just the bicycle path? Deanna Essert said they were
looking at the coastal trail plan.
DOUG PERKINS, Bayshore/Klat Community Council, testified in
support of the bill with out any amendments. He had
complaints about the Department of Fish and Game not
issuing permits for the right-of-way. He told the committee
they would hear that the issue was a local matter and the
Legislature should not interfere. He believed that was not
true because of the involvement with the Department of Fish
and Game.
Senator Dave Donley spoke about the speed limit along
Minnesota Ave. and the desire of the community council to
keep it below 65 mph. He asked the witness to comment.
Doug Perkins responded that he was not prepared to discuss
that matter and continued commenting on the coastal trail.
The council supported the construction of the trail.
MARY WHITMORE testified in support of the bill. She felt
the current process was flawed and the Legislature should
step in and help. She said the municipality was biased
against the project. She wanted the Department of Fish and
Game information and expertise to not be disregarded
because of high-powered political desires to extend the
trail.
JANELLE FEIERABEND read testimony from another in support
of the bill. She spoke of the importance of the refuge. Any
attempts to build a trail would disrupt the water drainage.
Also the presence of dogs in the area would be harmful to
the birds that migrated and nested in the refuge.
ED DOKOOZIAN was in favor of trails and also in favor of HB
131. The reasons to not put the bike trail through the
coastal refuge had been well stated by witnesses before
him. He added that there would be a risk of burglary to
those homes along the trail. He spoke of the change in
attitudes from the previously friendly community of
Anchorage.
JIM DOKOOZIAN registered civil engineer and marathon racer
testified. He said there were practical areas to build
trails and impractical areas to build trails. He felt the
state refuge was an impractical area. The ground was
unstable. He recommended finishing the network of inland
trails instead.
SANDY SIMPSON wanted to see the coastal trail extended but
was opposed to the use of the refuse for this purpose.
PATRICIA GARRITY spoke of the wealthy homeowners who lived
along the bluff and were opposed to the trail as it might
spoil their view. She was not one of them, but opposed the
trail because of the harm it would cause to the refuge.
MIKE SZYMANSKI detailed his involvement in the issue
listing his substantial credentials. He supported a
comprehensive plan. He didn't see a problem with the
current system and urged the Legislature not to get
involved.
ROBERT LAULE supported building additional trails in the
southern portion of Anchorage. He wanted to have the most
miles per dollar realized from trail construction and
didn't think this was one. Because of the remoteness of the
trail, it could only be accessible to the most hardy of
cyclists.
BOB BROCK was in favor of recreation in the marsh in the
refuge. However, he felt that should be limited to the
winter. After the snow melted, birds needed the area to be
left pristine.
JIM ARNESEN, President, Skyway Park Homeowners Association
testified to the fragility of the refuge. He did not see
how it was possible to build a trail and do it right.
PATRICK WRIGHT, Chair, Anchorage Fish and Game Advisory
Committee told of the meetings their group held on the
matter. Biologists and engineers testified at the meetings.
They favored extension of the trails, but only above the
bluff.
DAVID CARTER believed there was a lot of emotion and false
information about this bill. He supported it. The bill
would not affect the trail project that was going on
currently. He said that the Department of Fish and Game had
opposed construction of the trail in certain areas of the
refuge and their advice had been ignored. He noted that the
handicapped community was not represented on the planning
committee.
TERRY BURRELL, victim of post-polio syndrome, had concerns
about the refuge. She complained about the planning
committee process and the lack of representation by the
handicapped population.
Tape: SFC - 99 #142, Side B 2:53PM
Terry Burrell continued by saying that the trails would be
unusable for many disabled recreationalists.
VINCE WETHINGTON had a bike trail running through his front
yard. He was amazed by the attention this bill was getting.
He read a letter from his eight-year old son who wanted the
bill to be adopted.
JEFF LOWENFELS pointed out that a portion of the proposed
trail lay in an area that was under water. Construction of
a trail would be extremely expensive. He did not believe
this was an all or nothing problem. He supported the bill,
as it would give protection to a process that was not
working. While many areas of the proposed trail would pose
an engineering challenge, most areas would not. He spent
much of his childhood playing in the refuge and thought
there were many areas where trail construction would be
feasible. He noted another wetland estuary in San Diego he
had visited.
That concluded teleconference testimony. The following
witnesses testified in-person at Juneau:
DICK BISHOP, Vice-President, Alaska Outdoor Council,
testified in opposition of the bill. It was a question of
whether the Legislature had a role to play in the
Legislative designated refuge. The answer, in his opinion,
was yes. He spoke of use for the rifle range and other
recreation activities.
ODEN BRUDIE, Juneau resident raised in Anchorage testified
in opposition of the bill. He spoke about the continuity
and safety of a connected trail in Anchorage available for
year-round activities.
DENNIS POSHARD, Legislative Liaison/Special Assistant,
Office of the Commissioner, Department of Transportation
and Public Facilities added to his testimony from the
previous meeting. He noted all the parties involved in the
current process and other trails across the state. He felt
this legislation was premature and the Legislature would
always have the option of stopping trail development in
areas it saw as inappropriate.
Senator Al Adams was concerned with the portion of the bill
dictating surface transportation. He asked the witness if
an amendment to change the designation to "Bicycle trail"
would address the concerns. Dennis Poshard said that would
alleviate concerns of the Alaska Railroad.
Senator Randy Phillips wanted to know how much money had
been spent on the project to date. Dennis Poshard said it
was in the planning stage. Approximately $400,000 had been
spent with an appropriation of $1.2 million appropriated.
That amount was intended for use in getting the project
through the environmental phase. The design phase was
anticipated to cost $1 million. Approximately $750,000 was
budgeted for right-of-way acquisition. Finally, another $6
million was estimated for construction.
Senator Randy Phillips clarified that the municipality had
already spent approximately one-third of the $1.2 million
appropriated.
Senator Randy Phillips wanted to know if that money for the
design phase and the right-of-way phase had yet been
appropriated. Dennis Poshard answered that it had not as
well as the remainder of the required funds, which had not
been appropriated yet. Senator Randy Phillips asked if
that money had to be approved by the Legislature. Dennis
Poshard stated it was federal funds and it did require
legislative approval. It was determined that the only
money currently available was for the planning process.
Senator Randy Phillips established that easements for the
bike paths had not been granted and that alternate routes
were proposed. He was trying to ascertain what the concerns
were. He wondered if there was anyone "pulling strings."
Dennis Poshard answered that he and Rob Bosworth of the
Department of Fish and Game were unaware of any.
JEFF LOGAN, staff to Representative Joe Green, came to the
table to express the representative's gratitude. He began
speaking to an amendment that had been adopted by the
Senate Transportation Committee. After learning more about
the issue, the members voted to remove the amendment.
Senator Randy Phillips asked this witness what was the
commotion behind the legislation. Jeff Logan said there was
the perception that the process was not being done above-
board. He referenced the Rabbit Creek Shooting Range.
Senator Al Adams spoke to the aforementioned amendment,
which he planned to offer. Senator Dave Donley requested
the sponsor be heard on this matter.
Jeff Logan continued to address the concept of amending the
bill to change the surface transportation designation to
"bike path or trail." He detailed the relationship to the
shooting range and any further expansion of the trail. He
stressed that the shooting range was important to the
community and if it were relocated that it be done so in
the Anchorage area.
Senator Al Adams asked if the shooting range had been
placed in the capital budget. Co-Chair John Torgerson
responded that funding for planning of the range was in the
budget.
Senator Al Adams noted that the transportation committee
had adopted the amendment but then removed it. He assumed
the intelligence level of this committee was higher and
that the change could be maintained.
Senator Sean Parnell wanted to know if the bill passed "as
is", would expansion of the New Seward Highway be
prohibited without prior Legislative approval other than
the usual appropriation approval. Jeff Logan answered that
if the expansion required a surface transportation right-
of-way or easement that would be correct. Senator Sean
Parnell wanted to know if the witness knew whether the
easement would be required. Jeff Logan had asked agency
officials at the Department of Fish and Game and had not
received a definitive answer. There was some thought that
because it would be an inter-agency project, it might not
be necessary. There was also some thought that because
there was federal funding involved the federal government
would require challenge-proof patient to use the land.
Senator Sean Parnell found that hard to swallow.
Senator Al Adams moved for adoption of Amendment #1.
Senator Loren Leman objected.
Senator Dave Donley asked if the sponsor had considered any
middle ground. Jeff Logan noted there was nothing
prohibiting the Legislature from adopting legislation to *
surface transportation.
Senator Sean Parnell asked the Department of Transportation
and Public Facilities if there were any current
appropriations or authorizations to place bike trails
across the refuge. Dennis Poshard referred to the
appropriation to cover the planning process.
Senator Sean Parnell was concerned with the current
language of the bill but was unsure if the amendment
addressed that either. He did not want further legislation
to be required in order to widen the New Seward Highway.
However, he felt the language was too broad. Until a better
solution was offered, he would support the amendment.
By a vote of 4-5, the amendment failed to be adopted.
Senator Al Adams, Senator Pete Kelly, Senator Lyda Green
and Senator Sean Parnell voted in favor.
Senator Dave Donley offered a motion to move the bill from
committee. Senator Al Adams objected.
Senator Sean Parnell stated he would vote to report the
bill from committee. However, he felt the bill needed to be
amended to address the matter of widening the highway.
The bill was reported from committee by a vote of 7-2.
Senator Al Adams and Senator Randy Phillips cast nay votes.
ADJOURNED
Senator Torgerson recessed the meeting to the call of the
chair at 3:25PM.
SFC-99 (1) 5/16/99
| Document Name | Date/Time | Subjects |
|---|