Assembly cuts public comment

CBM development discussion at borough meetings limited

By RINDI WHITE-Frontiersman reporter

MAT-SU -- The Mat-Su Borough Assembly eliminated the opportunity for public comment in work sessions at its Tuesday meeting, after the first in a planned series of work sessions regarding coal-bed methane development.

Citing concern that public interest in the topic could quickly overwhelm and obliterate the purpose of an assembly work session, Assembly Member Jody Simpson made the original motion to limit work session discussion to scheduled presenters, staff and the assembly.

"I don't think it's appropriate," Simpson said. "I think a work session is for the assembly … it's detracting, in some ways from our jobs."

Work sessions are generally set up as an opportunity for the assembly to hear presentations about a particular issue, and discuss the matter in a more open forum than allowed during a regular meeting. In regular meetings, comments must pertain to a motion on the floor, and members are generally limited to two comments per issue. Action is not permitted to be taken at work sessions, and, according to staff at the borough clerk's office, there generally isn't a place on the agenda for public comments, although it's not prohibited, either. In practice at work sessions, the floor is rarely opened up to the public for comments or questions.

Tuesday, at a work session prior to the assembly's regular meeting, the assembly heard from two scientists knowledgeable in the hydrology of the area, Mark Clark and Scott Wheaton. Both publicly presented information previously -- Wheaton at a meeting held at Palmer Junior Middle School and Clark at the People's Oil and Gas Summit, held last month at Lake Lucille Inn. Assembly Member Bruce Bush also presented information about a trip he recently took to Colorado where he toured several sites operated by Evergreen Resources and spoke with city and county officials of Trinidad, Colo.

At the work session, after Clark's and Wheaton's presentations, assembly members had several questions about the information presented. As the questions by the assembly members wound down, Borough Mayor Tim Anderson asked if anyone in the audience of about 20 had questions. As the second audience member to speak began asking a question, Simpson interrupted, pointing out that the speaker, Robin McLean, has attended many public meetings about the CBM issue and has had ample opportunity to ask questions.

"Can we stick to the table?" Simpson asked.

"I see no reason the public shouldn't have some involvement in this," Anderson responded. The matter came up again when an Evergreen employee spoke, disagreeing with some of the concerns raised by Clark's and Wheaton's presentations. Assembly Member Betty Vehrs raised a point of order, noting that it wasn't common practice to take public testimony during a work session. Anderson countered that he wasn't taking testimony from the public, but giving them a chance to ask questions of the presenters.

"If you'd like to not include the public, we can vote on it," Anderson challenged.

The work session drew to a close with no further public comment, but during the clerk's report at the assembly's regular meeting later that evening, Simpson made a motion to have discussion at future work sessions pertaining to coal-bed methane be contained among assembly members, staff and presenters. When Assembly Member Mary Kvalheim said she opposed the motion, because she wanted the public to have the opportunity to ask questions, Simpson said the work session wasn't just for the public.

"What I saw was not an opportunity to comment by the public, but they were engaging and asking questions of the presenters," Simpson said. "Taking the discussion from the assembly and moving it into the gallery is a problem for me."

Assembly Member Talis Colberg agreed, adding that the assembly didn't have the time in an afternoon workshop to take comment from all the people who have become interested in the topic of coal-bed methane development.

"I think it's sensible to keep a work session to a work session," Colberg said.

Anderson said he wasn't comfortable with the idea of eliminating public participation. He said he has the flexibility, in a work session, to allow public participation and he chose to do so. He added that he had requested future work session agendas include a space for public participation.

Borough Clerk Sandra Dillon suggested having a special meeting instead of a work session, then holding audience participation at the end of the meeting. Simpson said that could give the assembly too much leeway. Assembly members may not make motions or take action during a work session, but can do so at both regular and special meetings.

"I see all kinds of motions flying around," Simpson said. "There's space on every regular agenda for audience participation."

But that, Anderson said, defeats the purpose he was seeking -- allowing audience members to ask questions of the presenters.

When the call for question came, the motion passed, with assembly members Bill Allen and Mary Kvalheim opposed. Later in the meeting, Simpson asked that the motion be reconsidered. Through a tied vote broken by the mayor, the matter came back to the table for more discussion. Allen made an amendment to make the motion apply to all assembly work sessions, not just those pertaining to CBM. Colberg, supporting the amendment, said the motion arose because the mayor had acted unfairly.

"Really, this is arising because you're being inconsistent," Colberg said. "Over the years, in the past, you've limited discussion … because you changed your position, you created a situation that requires a whole new dynamic."

The motion passed with Kvalheim in opposition.