MSB Mayor and Assembly Attempt to Restrict Free Speech

Jan 17

Posted by foms in Mat-Su Borough Public Meeting Calender, Public Comments, Public Notices | Comments off

Hello community members, as you are aware there are several important topics that will be considered and voted on at tonight’s(January 17th) regular MSB Assembly meeting. Perhaps most concerning are proposed changes to the existing ethics code and changes to the guidelines to public participation that will affect all future Assembly meetings.    As you guess both of these topics, depending on the outcome, the results will have far reaching effects on the public’s future ability to participate in Assembly meetings,hold our ELECTED OFFICIALS accountable, maintain a fair and transparent public process and ensure that the voice of the public is adequately considered by the mayor and the Assembly.

We  feel compelled to remind the Mayor and the sitting Assembly members that they are public servants, elected by the public to serve the public interest.   Furthermore, public speech is not a privilege it is a right that is enshrined in First Amendment to the U.S. Constitution.  The changes on public participation being proposed by the Assembly will greatly restrict this right and stifle the public’s ability to have a voice  in government decision making by our ELECTED OFFICIALS.

Public Participation Changes: Ordinance 12-002— would set a maximum time limit of 60 minutes for public participation. With a three-minute limit per person already in place, this would restrict initial testimony to the first few dozen people heard.  We have seen first hand what this looks like from the Mayor’s coal resolution meeting at the Depot.

Below is an article in the frontiersman written by Assembly member Warren Keogh which highlights what the ramifications could be if it passes.

http://www.frontiersman.com/opinions/be-vocal-whether-assembly-wants-to-hear-you-or-not/article_2414a756-3f52-11e1-a97e-0019bb2963f4.html?cbst=46

Ethics Issue- The mayor has been working hard over the past year to dismantle the current Ethics code.  First he tried to eliminate the independent ethics board all together and then after much back settled for suggested changes to the current code.  One has to ask, what is the Assembly so afraid of and why is is necessary to weaken the code.  We are well aware that the Assembly is rife with conflicts of interest when it comes to a variety of issues.  Could this be the driver for the changes?

Below is a post from our website highlighting the ethics issue.

http://foms.net/archives/1601

Note:  Please consider contacting Assembly members and the mayor directly to voice your concerns.  If you can, please show up to testify in person at tonight’s meeting. If you are not able to be there please consider sending them an email.

 

For a list of Assembly contacts click the link below:

 

http://foms.net/borough-information/borough-contacts

 

Thank you for participating in our democracy!

 

 

First LEED Gold industrial building in Alaska in Mat-Su

Jan 17

Posted by foms in News | Comments off

VCRS Earns Prestigious Award – First LEED Gold industrial building in Alaska in Mat-Su

 

Special congratulations to our friends at Valley Community for Recycling Solutions (VCRS) in Palmer for their recent award of the first LEED Gold Certified Industrial building in Alaska.  The one year-old community-recycling center is the first industrial facility in Alaska to be LEED certified at the Gold level. LEED Is Leadership in Energy and Environmental Design and is a third-party certification program and a nationally accepted benchmark.

Recently, Mat-Su Borough Mayor Larry DeVilbiss was on site to accept a glass plaque for the achievement from VCRS staff and Friends of Mat-Su board member Mark Masteller who is the former chair of the MSB planning Commission and who currently serves as the Alaska Director for the Cascadia Green Building Council.  We would like to extend our warm congratulations to the staff at VCRS and the Mat-Su borough for their leadership and innovative approach to designing a building that is cutting edge for Alaska.

To read the full press release on the award from the Mat-Su borough click here

The World According to Chuck- Wishbone Hill Cartoon

Jan 17

Posted by foms in Mat Valley Coal, Uncategorized | Comments off

Reprinted from Frontiersman Website:
Legge, Chuck, The World According to Chuck, Mat-Su Valley Frontiersman, website, Friday, January 13, 2012, Url: http://www.frontiersman.com/opinions/cartoons/the-world-according-to-chuck/image_bc7b655a-3e5f-11e1-bb7e-0019bb2963f4.html

 

Up For Consideration at the Next Regular Assembly Meeting on January 17th, 2011

Jan 17

Posted by foms in Mat-Su Borough Public Meeting Calender, News, Public Notices | Comments off

There are several important topics up for consideration at the next regular Mat-Su Borough (MSB) Assembly Meeting.  Some of these include, revisions to the existing ethics code, changes to public participation and funding decisions that will guide the borough’s upcoming budget process.  For a full version of the Assembly packet click here to review pending legislation and
other agenda items up for consideration at the January 17th meeting.  The link provided includes the full Assembly packet, or you can view the packet by individual sections in the E-Packet sections listed.

For additional information, please contact the Office of the Borough Clerk at:
745-9683, (MSB Clerk’s main phone)
Ethics Issue Defined

As you will recall ,a while back the Mat-Su Borough Mayor was working hard to eliminate the existing ethics board and the borough ethics  code all together.  Due to fierce pushback from the community the Assembly decided it would be more appropriate for the ethics board to make suggested edits to the Assembly on the existing code.  Fast forward to today.

On Jan. 17, the Mat-Su Borough Board of Ethics will present its recommended ethics code revisions to Mat-Su Borough Assembly.  It appears that the suggested changes that will be presented are politically motivated and will further weaken the existing code it’s effectiveness.  We feel that the Mat-Su residents deserve an ethics code that is up to date and fully represents the best interests of the public.  Taxpayer dollars must adequately serve these interests, as should the service of our elected public officials. Assembly representatives have an obligation to uphold all federal and state laws and borough code, and must take their oath of office seriously.  As part of this, the public deserves to the right to what the responsibilities are of our local government and who benefits from the decisions made by our elected officials.

The correct path forward is to allow borough residents the ability to work with the existing Ethics board to produce an ethics code that is up to date, maintains accountability and adequately represents the responsibilities our elected officials have to borough residents.

Bottom line:  The assembly should send the code back to the ethics board for further work. It should ultimately adopt a borough code that keeps the ethics board independent, provides emphasis on serving the borough’s best interests, and adequately supplies the education and enforcement to make it happen.

Through a collaborative and transparent public process, we can address the issues that currently divide us and work together to find positive solutions. By using this approach, we can create a strong ethics code that reflects the needs of borough residents for the 21stcentury.

Please consider attending the regular MSB assembly meeting on Tuesday night January 17th at the borough assembly chambers to voice your concerns and urge the assembly to provide a thorough public process to revise the existing ethics code.

If you are not able to attend in person, please consider writing Assembly members to share your thoughts by clicking here.

Please let us know if you need help formulating your comments.

Usibelli Coal Mining Company Operating Without Valid Permit

Jan 9

Posted by foms in Mat Valley Coal, Uncategorized | Comments off

Usibelli Coal Mining Company Operating Without Valid Permit

Mat-Su Residents Ask Usibelli to Stop Operating Until the Company Obtains a Permit that Protects the Valley and Its Residents

Palmer,  Alaska.  In an effort to protect their families, their property, and the community, residents of the Matanuska-Susitna Valley sent a letter to Usibelli Coal Mining Company today asking them to stop operations at the Wishbone Hill site because the company does not have a coal mining permit.

“The development of the proposed Wishbone Hill coal mine will have lasting negative impacts on property values, air and water quality, wildlife, recreational access, public safety, and future economic opportunities for Mat-Su residents.  A residential neighborhood is simply no place for a coal mine, ” said Jeremiah Millen of Friends of Mat-Su, a local planning organization representing residents across the Mat-Su Borough and a signatory of the letter.

According to the law, Usibelli does not have the necessary permit to mine at Wishbone Hill.  However, since the summer of 2010, Usibelli has been engaged in illegal mining activity at Wishbone Hill. Residents hope the company will immediately stop all mining operations until it obtains a permit that ensures that the Valley and the community are protected.  If Usibelli refuses to do so within the next sixty days, residents intend to go to court to protect themselves and the Mat-Su Valley.

“Usibelli Coal Company is not a good neighbor,” said Kirby Spangler, president of the Castle Mountain Coalition.  “How can I trust a company that is mining without a permit? How can we be sure that they are protecting our water, wildlife, and community if they aren’t following the law?”

Many federal and state agencies have begun to question the accuracy of Usibelli’s permit applications.  The Alaska Department of Environmental Conservation required Usibelli to resubmit their Air Quality Permit Application twice because of inaccurate information. In addition, the Federal Office of Surface Mining recently got more involved with the project.

This action comes of the heals of the Alaska Mental Health Trust selling about 11 square miles of land in Chickaloon to a massive Australian Mining company.

Public Comments on Proposed Hatcher Pass Regulations- Due December 2

Nov 29

Posted by foms in Public Comments, Uncategorized | Comments off

Proposed Regulations for the Hatcher Pass Special Use Area
Comments Due: Friday, Dec. 2 by 5PM

 

 

What:
The Department of Natural Resources (DNR) is proposing to adopt new regulations in Title 11, of the Alaska Administrative Code, 11 AAC 96.014(b). The proposed regulations include the restrictions on motorized recreational use as adopted in the 2010 Hatcher Pass Management Plan (HPMP.)

 

 

 

Proposed Regulation Changes

To view the proposed regulations click here
Note: There are 7 pages total and some of the information pertains to regulations for Exit Glacier and Kasilof in addition to Hatcher Pass.  Hatcher pass specific regulations are highlighted in bold.

More information including maps click here

Issues with the proposed regulation changes

Below is a list of comments and concerns after review from FoMS members.  Our members have several concerns related to the vague nature of the proposed regulation changes and potential issues with future management.  Feel free to use the comments listed below to guide your comments to DNR.

 

Commercial motorized recreation

DNR DMLW is including this activity within the East side designated (all year) non-motorized areas. (Mile 16, Government Peak, Independence, & portions of Reed lakes/Little Susitna and Archangel Units)    They also consider allowing winter commercial recreation in the designated non-motorized areas on the East side. (Summit Lake State Recreation Site, the High Glacier Peaks, the Government Peak, the Independence, and portions of the Archangel and Reed Lakes/Little Susitna units)  Meanwhile, the West side has no regulations, oversight or lacks adequate management.  This will allow commercial motorized recreation to occur through DNR’s administrative permit process without public notice or input.  DNR must provide a public process before allowing permitted commercial use.

Why would DNR choose to designate these areas for non-motorized recreation if they will be permitting motorized activities?  This potentially leaves the door wide open for future motorized tours and other scenarios.  DNR must ensure that there are specific management mechanisms are in place to prevent these activities from happening year round, every day, week or weekend?  

In the revised management plan it cites code that states there are “specific stipulations” for managing winter commercial recreation.  After review it was found that there are no stipulations.  This is poor management.  With this action, DNR will basically be creating a multi use designation in the non-motorized areas.  DNR must provide greater specificity on what constitutes winter commercial recreation and what stipulations in the code will be used to manage these uses.


Predetermined dates for seasons

This is a problem as seasons and dates vary depending on the year and applying arbitrary dates will create the potential for abuse and to potential future litigation. If motorized recreation occurs on either side of these dates, and the habitat cannot accommodate the use due to insufficient snow cover or other conditions then enforcement would be deemed useless and the motorized recreationist is not held accountable.  Under this management scenario, Rangers would have to stand idly by watching damage occur not have the ability to write a citation or issue a warning because it doesn’t occur within the dates?  DNR must develop a dates that effectively accommodate seasonal dates variances from year to year. 


Another special use

This is not well defined and there is no list that that provides any examples of what constitutes “special use.”   Currently there are already issues with oversight for activities in Hatcher Pass of groups picking young ferns, fireweed and other vegetation in the spring.  This occurs despite the minimal signage that states it is illegal to pick flowers or plants without a permit.  This activity has increased substantially over the years and goes unchecked.  DNR must provide greater clarity on how these activities will be managed. 


Sufficient snow depth

This is not clearly defined. If the underlying vegetation is going to be protected then set a standard, this should be specified for consistency to be used by land managers and so the public knows what the regulations are.  There is already damage occurring each season from motorized.  DNR should clarify what constitutes “sufficient snow depth” and this should be clearly defined in the proposed regulations.

 

Shortfalls in Managing The West Side

DNR focuses on the East side exclusively and fails to address the West side all together. In the past DNR has stated that they lack adequate resources to provide enforcement and management for the West side.  DNR must allocate the resources needed to adequately manage the West side.

 

If you have additional concerns that you think should be addressed please add them to your comments. Please remember that comments should be in your own words are most likely to be taken seriously if they are substantive and focused specifically to the topics listed in the proposed regulations or the Hatcher Pass Management plan.
                                 

                            PUBLIC COMMENTS ARE DUE FRIDAY, DECEMBER, 2nd by 5PM

 

How to submit your comments:

If sending by email send to both email addresses listed below:
joe.joyner@alaska.gov
dnrmlw@alaska.gov

By Mail
Attn: Joseph Joyner
Division of Mining, Land and Water
550 W 7th Ave., Suite 1070
Anchorage, Alaska 99501-3579
Fax: (907) 269-8904

 

 

 


Citizens Allege Usibelli Coal Breaking the Law in Mat-Su

Nov 28

Posted by foms in FoMS News, Mat Valley Coal, News, Uncategorized | Comments off

Days like today remind us of the 80s when big hair bands like Judus Priest released smash hits on an album called “Breaking The Law.”  Today in Palmer, local citizens fighting the controversial Wishbone Hill coal project have sent a letter to the Alaska Department of Natural Resources alleging that Usibelli Coal Company has been operating illegally and without a valid permit and should be ordered to halt project development.

 

 

 

To view a copy of the letter to DNR click here

Help us send a message  to Usibelli that coal mining in the Mat Su Valley will harm residents, lower property values, and destroy our way of life.

 

 

Comments Due For Proposed Regulations on Hatcher Pass

Nov 23

Posted by foms in Public Comments, Public Notices, Uncategorized | Comments off

SUPPLEMENTAL NOTICE REGARDING PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES

The Department of Natural Resources (DNR) is currently taking public comment on  propsed regulation changes in Title 11 of the Alaska Administrative Code (AAC), specifically 11 AAC 96.014(b)(3) and (20) dealing with the Special Use Land, Hatcher Pass and Exit Glacier Road Special Use Areas.

The Department of Natural Resources also proposes to adopt new regulations in Title 11, of the Alaska Administrative Code, specifically 11 AAC 96.014(b)(26) dealing with Special Use Land, Kasilof River Special Use Area.

 

 

 

 

THE PUBLIC COMMENT PERIOD ENDS on Friday, December 2, 2011.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Division of Mining, Land and Water, 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579 or by e-mail to  dnrmlw@alaska.gov  or by fax to 907-269-8904.

For Hatcher specific proposed regulation changes click here.

 

For more information or a copy of the proposed regulation changes, go to http://dnr.alaska.gov/mlw/hottopics, or write to the Director’s Office, Division of Mining, Land and Water, Department of Natural Resources, Attention Joseph Joyner, 550 W. 7th Avenue, Suite 1070, Anchorage, Alaska 99501-3579; or call 907-269-8511.

After the public comment period ends, the Department of Natural Resources will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them.  The language of the final regulations may be different from that of the proposed regulations.  YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED.

 


 

You Are Invited: Alaska Quiet Rights Coalition Annual Meeting

Nov 17

Posted by foms in Public Notices | Comments off

Mat-Su Residents Show Up in Full Force to Speak Out Against Wishbone Coal Mine to Department of Natural Resources

Nov 17

Posted by foms in FoMS News, Mat Valley Coal | Comments off

 

The Wishbone Hill coal strip mine in the Matanuska Valley has become increasingly controversial as Usibelli Coal Company takes steps to fully develop the mine in the middle of a residential community. On Tuesday, hundreds of citizens attended a public hearing hosted by the Department of Natural Resources (DNR) about Usibelli’s mining plan and permit renewal application to raise concerns about property values, coal dust issues, recreational access concerns and community impacts.

“Over the past year we have heard from thousands of Mat-Su residents who oppose the development of the Wishbone Hill strip coal mine and the negative impacts it will have on property values, air and water quality, wildlife, recreational access, and public safety. A residential neighborhood is simply no place for a coal mine and there are 128 residences within one mile of this project. The Governor and state agencies should take action and provide the leadership needed to protect our communities,” said Jeremiah Millen , Executive Director of Friends of Mat-Su, a local planning organization representing residents across the Mat-Su Borough.

The permit renewal application that Usibelli submitted contains out-of-date and inaccurate information, similar to their air quality permit application that the Department of Environmental

Conservation has asked them to resubmit twice. “As community members, we have a responsibility to speak up to protect our neighborhoods and quality of life,” said Kirby Spangler, local resident and president of Castle Mountain Coalition. “In this case, we’re looking at a mine plan that was designed in the late 1980’s. It does nothing to account for the changes in the community or protect all that we value about living here. ”

Members of the public raised major concerns about how Usibelli would keep the community safe with blasting at the mine site, increased traffic in residential areas, and air pollution related to coal mining. “If DNR approves this permit, they will approve a Valley-wide air quality problem and a serious health hazard. Health effects linked to breathing coal dust include increased asthma in children, chronic obstructive pulmonary disease (COPD), heart disease, lung disease, diabetes and cancer,” said Heidi Zimmer, Environmental Health Coordinator at Alaska Community Action on Toxics. “If DNR approves this permit, what will happen to our children? What will happen to our YaNeDahAh School?

If we do NOT have clean air to breathe, clean water to drink, healthy salmon and moose to eat, how will we perpetuate our culture and traditional practices? How much longer do we have to endure the “Historical” traumas done to our peoples?” said Penny Westing, secretary on the Chickaloon Village Traditional Council.

The DNR has 60 days following the public meeting to make its decision on whether to approve

Usibelli’s permit renewal request.

Please consider contacting the Mat-Valley coalition to learn how you can be involved.