Legislature(2007 - 2008)BUTROVICH 205

04/24/2007 01:30 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
* SB 158 SHIRLEY DEMIENTIEFF MEMORIAL BRIDGE
Moved SB 158 Out of Committee
SB 136 MUNICIPAL ROAD SERVICE AREAS
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         April 24, 2007                                                                                         
                           1:36 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Albert Kookesh, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Donny Olson                                                                                                             
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Wilken                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Joe Thomas                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 136                                                                                      
"An Act relating to certain municipal service areas that provide                                                                
road services."                                                                                                                 
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 158                                                                                                             
"An Act designating the bridge on the George Parks Highway                                                                      
directly north of the Alaska Native Veterans' Honor Bridge as                                                                   
the Shirley Demientieff Memorial Bridge."                                                                                       
     MOVED SB 158 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 136                                                                                                                  
SHORT TITLE: MUNICIPAL ROAD SERVICE AREAS                                                                                       
SPONSOR(s): SENATOR(s) THOMAS                                                                                                   
                                                                                                                                
03/23/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/23/07       (S)       CRA, TRA                                                                                               
04/05/07       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
04/05/07       (S)       -- MEETING CANCELED --                                                                                 
04/10/07       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
04/10/07       (S)       -- MEETING CANCELED --                                                                                 
04/13/07       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
04/13/07       (S)       CRA, TRA                                                                                               
04/17/07       (S)       CRA AT 3:30 PM BELTZ 211                                                                               
04/17/07       (S)       Moved SSSB 136 Out of Committee                                                                        
04/17/07       (S)       MINUTE(CRA)                                                                                            
04/18/07       (S)       CRA RPT   3DP 1NR                                                                                      
04/18/07       (S)       DP: OLSON, THOMAS, WAGONER                                                                             
04/18/07       (S)       NR: KOOKESH                                                                                            
04/24/07       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 158                                                                                                                  
SHORT TITLE: SHIRLEY DEMIENTIEFF MEMORIAL BRIDGE                                                                                
SPONSOR(s): SENATOR(s) KOOKESH                                                                                                  
                                                                                                                                
04/18/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/18/07       (S)       TRA                                                                                                    
04/24/07       (S)       TRA AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Joe Thomas                                                                                                              
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SSSB 136.                                                                                     
                                                                                                                                
Grier Hopkins                                                                                                                   
Staff to Senator Thomas                                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT: Available for questions on SSSB 136.                                                                      
                                                                                                                                
Renee Broker, attorney                                                                                                          
Fairbanks North Star Borough Legal Department                                                                                   
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Available for questions on SSSB 136.                                                                      
                                                                                                                                
Tim Beck                                                                                                                        
Fairbanks North Star Borough Assembly                                                                                           
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Available for questions on SSSB 136.                                                                      
                                                                                                                                
Tammy Wilson, representing herself                                                                                              
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Against SB 136                                                                                            
                                                                                                                                
Ed Mahoney, representing himself                                                                                                
Kodiak, AK                                                                                                                      
POSITION STATEMENT: Supported SSSB 136 with the deletion of                                                                   
section(4).                                                                                                                     
                                                                                                                                
Dorothy Shockley                                                                                                                
Staff to Chair Kookesh                                                                                                          
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented SB 158 for the sponsor.                                                                         
                                                                                                                                
Scott Fisher, representing himself                                                                                              
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Supported SB 158.                                                                                         
                                                                                                                                
William Lord, Commander                                                                                                         
Alaska Native Veterans Association                                                                                              
Nenana, AK                                                                                                                      
POSITION STATEMENT: Supported SB 158.                                                                                         
                                                                                                                                
Tim Wallis                                                                                                                      
Doyon Properties                                                                                                                
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Supported SB 158.                                                                                         
                                                                                                                                
Harry Fields, Vice President                                                                                                    
Alaska Native Veterans Association                                                                                              
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Supported SB 158.                                                                                         
                                                                                                                                
Benno Cleveland, President                                                                                                      
Alaska Native Veterans Association                                                                                              
Fairbanks, AK                                                                                                                   
POSITION STATEMENT: Supported SB 158.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR ALBERT  KOOKESH called  the Senate  Transportation Standing                                                             
Committee  meeting  to order  at  1:36:11  PM. Senators  Cowdery,                                                             
Olson, Wielechowski, and  Chair Kookesh were present  at the call                                                               
to order.                                                                                                                       
                                                                                                                                
             SSSB 136-MUNICIPAL ROAD SERVICE AREAS                                                                          
                                                                                                                              
CHAIR KOOKESH announced SSSB 136 to be under consideration, and                                                                 
added that the bill would not be moved out of committee that day                                                                
by request of the sponsor.                                                                                                      
                                                                                                                                
SENATOR THOMAS,  sponsor of SSSB  136, said that the  bill allows                                                               
someone  who  is  not  using their  service  district's  road  as                                                               
primary access to  opt out of the district, and  for people to be                                                               
incorporated into a  district if they use  that district's access                                                               
road frequently.                                                                                                                
                                                                                                                                
1:38:37 PM                                                                                                                    
GRIER HOPKINS,  staff to Senator  Joe Thomas, said that  the main                                                               
intent of the  bill is to allow for more  fairness within the tax                                                               
structure for  road service areas  in Fairbanks. A person  can be                                                               
relocated  to a  service area  that he  uses more  than his  own.                                                               
Also, he said  it gives the borough assembly the  power to move a                                                               
person  from one  road  service  area to  another  as needed.  He                                                               
referenced a diagram  showing how the bill would  affect roads in                                                               
the Fairbanks North Star Borough.                                                                                               
                                                                                                                                
1:39:53 PM                                                                                                                    
SENATOR  COWDERY asked  how many  people are  needed to  create a                                                               
service area.                                                                                                                   
                                                                                                                                
MR. HOPKINS replied  that he would find that  information for the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR  COWDERY  commented that  a  service  area with  a  small                                                               
number of people is often used  by people outside a service area,                                                               
and they shouldn't be forced to join.                                                                                           
                                                                                                                                
1:41:29 PM                                                                                                                    
SENATOR THOMAS  noted that the  attorney for the  Fairbanks North                                                               
Star Borough  was available for  questions, and asked  if Senator                                                               
Cowdery was talking about a public road that services both.                                                                     
                                                                                                                                
SENATOR COWDERY  replied that  all the  roads are  public whether                                                               
they are in a service area or not.                                                                                              
                                                                                                                                
SENATOR  THOMAS responded  that these  roads are  considered more                                                               
private for purposes of maintenance funding.                                                                                    
                                                                                                                                
1:42:53 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked for  clarification on changes  in new                                                               
sections 3 and 4.                                                                                                               
                                                                                                                                
SENATOR THOMAS explained that section  3 will require approval by                                                               
the  voters in  a  subdivision proposed  to be  added  to a  road                                                               
service  area  if  the  roads  provide the  only  access  to  the                                                               
subdivision.  It also  addresses  moving people  into a  district                                                               
whose roads they use.                                                                                                           
                                                                                                                                
Section 4  addresses removing  people from  a district  that they                                                               
don't use. The bill was  inspired by situations where people were                                                               
using roads that were not in their own district.                                                                                
                                                                                                                                
1:45:25 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if the  current problem is  that some                                                               
people  aren't  in  service districts.  "What  is  the  practical                                                               
problem?"                                                                                                                       
                                                                                                                                
SENATOR  THOMAS replied  the problem  is two-fold;  people aren't                                                               
using the  roads they're  supposed to,  and they're  using others                                                               
instead.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  the issue is  a matter  of people                                                               
wanting to be let in or out of districts.                                                                                       
                                                                                                                                
SENATOR  THOMAS  replied that  the  bill  is about  accommodating                                                               
peoples' and the service district's wishes.                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked if anyone opposed the bill.                                                                          
                                                                                                                                
SENATOR THOMAS  replied that there  has been opposition  from one                                                               
person, who was available online for testimony.                                                                                 
                                                                                                                                
1:47:07 PM                                                                                                                    
SENATOR  COWDERY asked  if  the  mil rate  is  determined by  the                                                               
square lot footage or frontage area of a district.                                                                              
                                                                                                                                
1:47:57 PM                                                                                                                    
RENEE  BROKER, attorney  for the  Fairbanks  North Star  Borough,                                                               
replied that  in the borough there  is no minimum number  of lots                                                               
necessary to  create a service  area. The assessment  policy uses                                                               
the property  tax system;  service areas come  up with  a budget,                                                               
and the mil rate is determined based on those costs.                                                                            
                                                                                                                                
SENATOR COWDERY  commented that the  Anchorage assessment  is two                                                               
mils.                                                                                                                           
                                                                                                                                
MS. BROKER  replied that different  service areas  have different                                                               
budgets.                                                                                                                        
                                                                                                                                
SENATOR COWDERY asked who collects the funding.                                                                                 
                                                                                                                                
MS. BROKER  replied that the  service mil  rate is put  into each                                                               
area's account  and they  spend it accordingly.  The mil  rate is                                                               
according to assessed value.                                                                                                    
                                                                                                                                
SENATOR  COWDERY   commented  that  in  Anchorage   the  rate  is                                                               
calculated by lot frontage.                                                                                                     
                                                                                                                                
1:50:57 PM                                                                                                                    
MS. BROKER  clarified that  Senator Cowdery  was talking  about a                                                               
special assessment, and she was referring to property taxing.                                                                   
                                                                                                                                
She  remarked  that  there  is a  road  service  committee  which                                                               
unanimously voted  to support the  bill, as did the  assembly. It                                                               
establishes a fair standard for  determining a property's service                                                               
area.  Some  service  areas  are  struggling  to  tax  themselves                                                               
sufficiently  for  maintenance when  a  lot  of non-service  area                                                               
users  are  causing most  of  the  damage. For  example,  gravel-                                                               
hauling  businesses not  based in  the  service areas  contribute                                                               
significantly to road degradation.                                                                                              
                                                                                                                                
1:53:39 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if Ms. Broker had  any concerns about                                                               
the constitutionality of the bill.                                                                                              
                                                                                                                                
MS. BROKER replied she did not have constitutional concerns.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  the re-districting  decision will                                                               
be made by  the voters, and if that would  affect her analysis of                                                               
constitutionality.                                                                                                              
                                                                                                                                
MS.  BROKER replied  that the  assembly  should and  will be  the                                                               
entity making  the decision;  no separate  vote will  be required                                                               
other than the assembly's.                                                                                                      
                                                                                                                                
1:55:40 PM                                                                                                                    
SENATOR  WIELECHOWSKI referred  to page  2, lines  1 and  2, that                                                               
say, "This  subsection does not  apply to or require  approval by                                                               
voters presiding in a subdivision or parcel."                                                                                   
                                                                                                                                
MS.  BROKER explained  that this  language is  starting from  the                                                               
premise that  every alteration  requires a  vote of  the property                                                               
being put  in and  a vote  of the service  area it's  going into.                                                               
It's eliminating the required vote  of the property being put in;                                                               
it maintains the vote for the service area it is going into.                                                                    
                                                                                                                                
1:56:25 PM                                                                                                                    
SENATOR  COWDERY asked  if the  restrictions apply  to homeowners                                                               
who have concrete or topsoil hauled to their property.                                                                          
                                                                                                                                
MS. BROKER replied that this  bill doesn't intend to address that                                                               
issue; it's  trying to say if  you're a property owner  and using                                                               
roads for whatever  purpose, you ought to contribute  to the cost                                                               
of maintaining it.                                                                                                              
                                                                                                                                
1:57:44 PM                                                                                                                    
TIM BECK,  Fairbanks North  Star Borough  Assembly, said  that he                                                               
fully  supported  the  bill.  It's a  matter  of  parity;  people                                                               
shouldn't be allowed  to use roads at no cost  and shouldn't have                                                               
to pay taxes for roads to which they don't have access.                                                                         
                                                                                                                                
1:59:13 PM                                                                                                                    
SENATOR  COWDERY referenced  Senator  Wielechowski's comment  and                                                               
said the use  of the road has nothing to  do with the assessment.                                                               
He said fuel trucks use all the roads in Fairbanks for instance.                                                                
                                                                                                                                
MR. BECK responded this doesn't  preclude that from happening; it                                                               
only ensures  that if  properties beyond the  border of  the road                                                               
service area  are using the  roads as their primary  access, they                                                               
will be  come a paying  participant in helping to  maintain those                                                               
roads.                                                                                                                          
                                                                                                                                
2:00:25 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if a  particular gravel  company was                                                               
using a road and not paying into  the service area, and if it was                                                               
part of the service area.                                                                                                       
                                                                                                                                
MR. BECK replied no; it was  developed after the service area had                                                               
been formed. Currently,  if the service area would  choose to add                                                               
those folks in, each respective  side would vote. The question is                                                               
if you had a property in the area  and knew you could just say no                                                               
to paying a tax, what incentive is there to say yes.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  asked if this particular  company could use                                                               
another local road to access its gravel pit.                                                                                    
                                                                                                                                
MR. BECK replied in this situation, no.                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI replied  that  this  is the  constitutional                                                               
issue  - a  new  service  shall not  be  established  if the  new                                                               
service  can  be provided  by  an  existing  service area  or  by                                                               
incorporation as a city or by annexation to the city.                                                                           
                                                                                                                                
MR. BECK replied that's what this  would allow. It would allow an                                                               
existing service area to encapsulate the  party that is not in an                                                               
existing road service area.                                                                                                     
                                                                                                                                
2:02:32 PM                                                                                                                    
TAMMY WILSON, representing  herself, said she lives  in the North                                                               
Star Borough  and that she  understands the reasoning  behind the                                                               
bill. She  said these  problems could  have been  handled through                                                               
the planning  and zoning or  platting process. She asked  that an                                                               
amendment be  added to define  the difference between  public and                                                               
private  roads. Last  fall she  was  forced into  a road  service                                                               
area, but  she still has  to maintain her quarter-mile  road. She                                                               
went to the  borough assembly and asked that  her private section                                                               
be taken  out, but was denied.  Since then she has  been told she                                                               
should have never been put in  it because private roads cannot be                                                               
put into  road service  areas. However,  because she  cannot find                                                               
any definition  of a  private road;  she can  find a  public road                                                               
definition saying it has to be given up as a public road.                                                                       
                                                                                                                                
2:05:01 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  Ms. Wilson if her private  road is on                                                               
her private property.                                                                                                           
                                                                                                                                
MS. WILSON  replied no. She  explained that she owns  property on                                                               
both sides  of the road and  the deed says they  cannot block it.                                                               
Title 17 of the borough counts it as a private road.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked who owns the road.                                                                                   
                                                                                                                                
MS.  WILSON replied  that  no  one owns  the  road;  she and  the                                                               
neighbors own property on each side of the road.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI asked if the road is a borough easement.                                                                   
                                                                                                                                
MS. WILSON  replied that it  was originally an easement  given to                                                               
the original owner of the property.  She had her own access to it                                                               
until a subdivision  came in and blocked it. Now  they have to go                                                               
through the subdivision.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said if it is  truly a private road  on her                                                               
private property, he didn't think it  could be put into a service                                                               
area. If it was a borough road, it could.                                                                                       
                                                                                                                                
2:06:30 PM                                                                                                                    
MS. WILSON  said the problem  is that  there is no  definition of                                                               
what a private  road is and there have been  previous attempts to                                                               
put the road into a service area.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked for the  legal description of the land                                                               
that is being defined as a private road.                                                                                        
                                                                                                                                
MS. WILSON replied that her deed says that it is a rural road.                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI asked if the road is a borough road.                                                                       
                                                                                                                                
MS. WILSON replied no.                                                                                                          
                                                                                                                                
SENATOR   WIELECHOWSKI  asked   what   it  says   on  the   legal                                                               
description.                                                                                                                    
                                                                                                                                
MS. WILSON  responded that  "the area  that's been  designated is                                                               
Canoro Road and cannot be  blocked by any homeowner." The borough                                                               
attorney also told her it's a private road.                                                                                     
                                                                                                                                
2:07:26 PM                                                                                                                    
SENATOR COWDERY asked what the  difference is for easements of an                                                               
alley and a road.                                                                                                               
                                                                                                                                
MS. WILSON  said she  assumed that  an alley is  a road  behind a                                                               
house in a city; her road is outside the City of Fairbanks.                                                                     
                                                                                                                                
SENATOR  COWDERY  said that  in  Anchorage  a certain  amount  of                                                               
footage is required for a road.                                                                                                 
                                                                                                                                
MS. WILSON said that the area used to be a homestead.                                                                           
                                                                                                                                
SENATOR COWDERY asked how wide her road is.                                                                                     
                                                                                                                                
MS. WILSON replied 30 feet wide on a good day.                                                                                  
                                                                                                                                
2:08:38 PM                                                                                                                    
ED MAHONEY said  he is a service district chairman  in Kodiak and                                                               
is representing himself.  He said he appreciated the  idea of the                                                               
bill but this  is not a one-size-fits-all issue.  He supported SB
136,  but  opposed  (4because  it   could  potentially  remove  a                                                               
substantial tax  base that  service districts  now depend  on and                                                               
further burden others.                                                                                                          
                                                                                                                                
MR. MAHONEY said the only access  to some properties in Kodiak is                                                               
through  city streets  - that  are maintained  by the  city. This                                                               
bill would remove  those properties from his area's  tax base. He                                                               
didn't  know  how  this  could be  modified  and  suggested  just                                                               
deleting (4).                                                                                                                   
                                                                                                                                
He  also didn't  think the  mil levy  provided fairness,  because                                                               
someone  with  a  half-million  dollar home  pays  way  more  and                                                               
probably drives the same as someone who has a $200,000-home.                                                                    
                                                                                                                                
MR. MAHONEY  also asked what  caused them to change  the language                                                               
in  2001  to  what it  is  now  and  opined  that it  might  have                                                               
something to do with Article 10 of the State Constitution.                                                                      
                                                                                                                                
2:12:44 PM                                                                                                                    
He  also felt  that new  legislation shouldn't  be handed  off to                                                               
local  governments; it  could  just  as easily  be  at the  state                                                               
level, which would  lessen the opportunities for  lawsuits at the                                                               
local  level.   He  asked   if  this   bill  became   law,  would                                                               
subdivisions  and parcels  that now  enjoy the  benefit of  using                                                               
service  district roads  without cost  be grandfathered  or would                                                               
they have  to come  into compliance. Also,  if the  borough takes                                                               
over area-wide  road powers,  would there  be exceptions  for the                                                               
subdivisions and parcels  that don't use borough  roads for their                                                               
access.  Since language  in  this bill  refers  to "road  service                                                               
area" he  assumed the relief  some believe this bill  would bring                                                               
would disappear under the area-wide scenario.                                                                                   
                                                                                                                                
2:13:58 PM                                                                                                                    
SENATOR COWDERY  asked if  Mr. Mahoney was  saying that  the bill                                                               
will affect the whole state.                                                                                                    
                                                                                                                                
MR. MAHONEY replied  that as he understands it, the  bill will be                                                               
effective statewide. While it may  work well for big communities,                                                               
smaller ones could be adversely affected.                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI said  that removing  the section  (4) could                                                               
take away  the right to vote  on certain issues and  asked if the                                                               
access in a certain part of Kodiak is only by city access.                                                                      
                                                                                                                                
MR. MAHONEY replied yes.                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  why  the city  streets  were  in  a                                                               
service area to begin with.                                                                                                     
                                                                                                                                
MR.  MAHONEY related  the  history of  the  service districts  in                                                               
relation to sewer and water service.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI said that the  people in an area serviced by                                                               
city roads shouldn't  pay maintenance fees for  a special service                                                               
area.                                                                                                                           
                                                                                                                                
MR. MAHONEY said that no  one would maintain the roads otherwise,                                                               
because they're not in the city limits.                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  asked if the  roads are therefore  not city                                                               
access roads.                                                                                                                   
                                                                                                                                
MR.  MAHONEY  replied  that  they   are  city  access  roads  and                                                               
referenced the map he provided to the committee.                                                                                
                                                                                                                                
2:16:58 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the area is a road service area.                                                                  
                                                                                                                                
MR. MAHONEY replied yes.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI asked who pays for the road maintenance.                                                                   
                                                                                                                                
MR.  MAHONEY  replied that  the  service  district maintains  the                                                               
roads accessed through the city.                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI replied  that he's not sure  section (4) has                                                               
the impact Mr.  Mahoney thinks it will because a  city area won't                                                               
be included in a road service area to begin with.                                                                               
                                                                                                                                
MR. MAHONEY said that the  subdivision he pointed out is accessed                                                               
through  city  roads  and,  as  the  bill  language  stands,  the                                                               
subdivision wouldn't have to pay maintenance fees.                                                                              
                                                                                                                                
2:18:47 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if  the sponsor  had any  thoughts on                                                               
the matter.                                                                                                                     
                                                                                                                                
SENATOR  THOMAS replied  that in  his understanding  a city  road                                                               
supplies access  to an  area, and section  (4) would  allow those                                                               
people to  remain outside the service  area. If it's a  sewer and                                                               
water system area, that's a different matter.                                                                                   
                                                                                                                                
2:20:20 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  that the  members of  the subdivision                                                               
should be taken  out of the district because the  road is already                                                               
being paid for.                                                                                                                 
                                                                                                                                
MR. MAHONEY asked who would maintain the roads otherwise.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI replied that the city or borough would.                                                                    
                                                                                                                                
MR. MAHONEY said that the city or borough would not do so.                                                                      
                                                                                                                                
CHAIR KOOKESH  said that the  intention of the committee  was not                                                               
to move  the bill, and  that the  sponsor would be  examining the                                                               
companion bill moving through the other body.                                                                                   
                                                                                                                                
2:21:25 PM                                                                                                                    
SENATOR THOMAS said that he  eventually intends to merge the bill                                                               
with its companion and informed them  that the rules for city and                                                               
rural roads may be different for different districts.                                                                           
                                                                                                                                
2:22:43 PM                                                                                                                    
CHAIR  KOOKESH  asked  the  sponsor   to  consider  an  amendment                                                               
defining the difference between a private and public road.                                                                      
                                                                                                                                
MR.  MAHONEY  said   that  the  effect  of  the   bill  on  small                                                               
communities should be considered.                                                                                               
                                                                                                                                
SSSB 136 was held for further consideration.                                                                                    
                                                                                                                                
           SB 158-SHIRLEY DEMIENTIEFF MEMORIAL BRIDGE                                                                       
                                                                                                                                
2:23:41 PM                                                                                                                    
CHAIR KOOKESH announced SB 158 to be up for consideration.                                                                      
                                                                                                                                
DOROTHY  SHOCKLEY, aide  to  Chair Kookesh,  sponsor  of SB  158,                                                               
explained that  Ms. Shirley Demientieff was  a community activist                                                               
and leader and  the bill will name a bridge  near Fairbanks after                                                               
her. She referenced a photo provided to the committee.                                                                          
                                                                                                                                
CHAIR KOOKESH explained the photo to the committee.                                                                             
                                                                                                                                
2:26:04 PM                                                                                                                    
SENATOR OLSON asked for the current name of the bridge.                                                                         
                                                                                                                                
MS. SHOCKLEY replied that it doesn't have one.                                                                                  
                                                                                                                                
2:26:27 PM                                                                                                                    
REVEREND  SCOTT  FISHER,  Rector   at  St.  Matthews,  Fairbanks,                                                               
representing  himself,  said   that  he  was  a   friend  of  Ms.                                                               
Demientieff's  for 30  years and  had suggested  a statue  of her                                                               
originally,  but her  compassion for  those who  were in  need or                                                               
hurting makes the idea of naming a bridge after her is ideal.                                                                   
                                                                                                                                
2:29:45 PM                                                                                                                    
WILLIAM   LORD,  commander   of  the   Alaska  Native   Veteran's                                                               
Association,  Nenana, applauded  the  idea of  naming the  bridge                                                               
after Ms.  Demientieff. He said  she was connected to  the Alaska                                                               
Native  veterans  through  her   work  with  the  Alaska  Natives                                                               
Veterans Honor Bridge  and he thought it would  be appropriate to                                                               
have that  small bridge connected  to the Alaska  Native Veterans                                                               
Bridge.                                                                                                                         
                                                                                                                                
2:30:57 PM                                                                                                                    
SENATOR  OLSON asked  if Mr.  Lord  was the  only testifier  from                                                               
Nenana.                                                                                                                         
                                                                                                                                
MR. LORD replied yes.                                                                                                           
                                                                                                                                
SENATOR OLSON asked for the  sentiment of the community regarding                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. LORD said that many people are in support of the bill.                                                                      
                                                                                                                                
2:31:44 PM                                                                                                                    
TIM  WALLIS,  Doyon Properties,  said  he  supported SB  158  and                                                               
complimented Ms. Demientieff's character.                                                                                       
                                                                                                                                
2:32:37 PM                                                                                                                    
HARRY   FIELDS,   Vice    President,   Alaska   Native   Veterans                                                               
Association, said  that he  supported the  bill and  talked about                                                               
his relationship with Ms. Demientieff.                                                                                          
                                                                                                                                
2:33:54 PM                                                                                                                    
BENNO CLEVELAND,  President, Alaska Native  Veterans Association,                                                               
said  that he  supported the  bill and  that Ms.  Demientieff was                                                               
very  supportive   of  the  association;   he  spoke   about  his                                                               
admiration for her.                                                                                                             
                                                                                                                                
2:37:10 PM                                                                                                                    
SENATOR WIELECHOWSKI moved  to report SB 158  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair Kookesh then adjourned the meeting at 2:37:37 PM.                                                                       
                                                                                                                                
                                                                                                                                

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