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HomeMy WebLinkAbout1980-10-28 Harbor Commission SummaryKENAI HARBOR' COMMISSION P. O. Box 580 Kenai, Alaska 99611 AGENDA - October 28, 1980 REGULAR HARBOR CO~.~.~ISSION MEETING: October 28, 1980 - 7:00 p.m. Kenai Public Safety Bldg. HARBOR COM~ISSION MEMBERS: EX-OFFICIO MEMBERS Robert Peterkin, Chairman John Williams, Vice-Chairman Tom Ackerly W. M. Burnett Ron Is~acs Marvin Dragseth Tom Wagoner Betty Glick, Councilwoman Mayor Vincent O'Reilly AGENDA A. Call to Order B. Roll Call Ce Agenda Approval D. Approval of Minutes 1. September 27, 80 2. September 30, 80 3. October 7, 80 E. Introduction of Guests Fe Communications G. Reports 1. Gary Davis (PNWA, Wetlands, Grant, ~etc. ) 2. Chairman Peterkin (PNWA and 3. Mayor O'Reilly (DOW,Aetc.) DOW meeting) Old Business 1. Letter to Marilyn Dimmick 2. Roper situation · Administrative~ Coordinator C ontr ac t ~g~¢~ e~-~ / ~--~_ Kenai Harbor Commission October 28, 1980 AGENDA He. I ® J · K· 4. Harbor Commission Vacancy 5. Business Cards New Business 1. Governor's Board & CommisSion Vacan-c~ Lzst Persons Present Not Scheduled to be heard Adjourn Kenai Advisory· Harbor Commission Regular Meeting, October 28, 1980 Kenai Public Safety Building Robert Peterkin, Chairman A. CALL TO ORDER Chairman Peterkin called the meeting to order at 7:10 p.m. B. ROLL .....CALL Present: Chairman Robert Peterkin, Vice-Chairman John · Williams, Commissioner Tom Wagoner, Commissioner Ron Isaacs, Commissioner Tom Ackerly, Commissioner Marvin Dragseth. Others Present: Davis. Mayor O'Reilly, Wm. J. Brighton, and Ga ry C. AGENDA APPROVAL G. 1. Borough CZM (Addition) G, 3, Exxon (Addition) Ho 3, (Secretarial Services) (Addition) H. 6. DOW Situation (Addition) H. 7. Letter to Ted Stevens (Addition) H. 7. a. Port of Entry (Addition) H. 7. b. Corps of Engineers (Addition) H. 8. Area Meriting Special Attention (Addition) H. 9. Meeting with Subcommittee and Rick Baldwin (Addition) H. 10. Letter to Borough (Addition) I. 2. Letter of Resignation (Addition) D. ~ApPROVAL ..OF MINUTES. 1. September 27, 1980 - Approved as read 2. September 30, 1980 - Appr~oved as read 3. Octobe'r 7, 1980 - Approved as read E. INTRODUCTION OF GUESTS There were no guests present. F. COMMUNICATIONS Chairman Peterkin stated his library to Gary Davis available at City Hall. Davis they can telephone Commissioner Burnett has donated to use as there is no space If anyone needs to get ahold of 283-4838. Mr. G. REPORTS 1. Mr. Waterwa 14 - 17 Mr. Lin appropr Associa before Davis reported he attended Pacific Northwest ys Association's annual meeting in Portland, October · Mr. Davis discussed Wetlands with Steve Lindstrom. dstrom indicated it should be directed to the iate committee. Harry Cook of the National Waterways tion spoke on how to get into the laws that are Congress. He spoke on the Bonneville Power Association. They are building a new lock at the Bonneville Dam. Mr. Davis spoke to Mr. Cook about Wetlands. Mr. Cook gave Mr. Davis the name of a man in North Carolina who is heading a group to deal with Wetlands at the D. C. level. Mr. Davis stated he would get in touch with him on that. Mr. Davis felt there were only one or two committees that are significant to our interests. Mr. Davis spoke on a Wetlands meeting held October 20. Those present were Murray Walsh, Amy Kyle, Mark Stephens and Roger Maggard of the Division of Community Planning, Mayor O'Reilly, Mr. Brighton and Phil Waring. There was some concern expressed on the new Borough Assembly, and the effect on Wetlands. At the meeting Murray Walsh introduced his program for the Kenai Wetlands Study. Amy Kyle will be heading it from his office in getting all the State and Federal agencies to agree as to how they will go about the program and what the outcome of the study will be. It appears they are heading for a $400,000 study over the next fourteen months. That is where Mark Stephens comes in. His department (Dept. of Community & Regional Affairs) is to issue the grant to Fish & Game, and Fish & Wildlife to hire consultants to do their studies. The Division of Geological & Geophysical Surveys is a a State agency that will be doing water quality and hydrologic studies. OCM hopes to have the agencies provide in-house studies rather than hiring consultants, which would drastically~ reduce costs. The $400,000 is over two fiscal years. The Borough presently has a match for the first year. Phil Waring will hopefully adopt a resolution to specifically state what that money will be used for. It will be spent on a Wetlands study for the City of Kenai. The State feels the Borough will provide the local match because the result of the study will be part of the Borough's Coastal Management Program. Mr. Davis reported Amy Kyle has developed a Preliminary Memorandum of Agreement. It was reviewed and all the agencies felt quite secure with it, with a few changes. The study should be .... underway sometime in December if everything falls into place. Mr. Davis noted, part of his job description is to coordinate the City's involvement on that. He pointed out the Kenai City Council isn't up to date. Mr. Davis submitted a copy of the Preliminary Memorandum of Agreement to Mr. Brighton and it should be presented to the City Council. Mr. Davis felt he should be there to explain what it is about, and get the OK for him to represent the City. On the Borough/State Coastal Management Grant Mr. Davis reported it should have been signed at this time. The date it is signed is the date the City can begin to spend the monies. Mr. Davis noted there wouldn't be anything spent until he had the signed contract. On the City/Borough Contract Mr. Davis noted it had been 'approved by the State. Mark Stephens had indicated to Mr. Davis that he would like a "not to exceed" figure on Mr. Davis' expenses that is to be covered by the City, so it won't exceed the total amount of money. It was brought to the Borough last Wed. or Thurs. and should be done by the time City Council approves something, if they do, next week. Mr. Davis further reported he has fallen behind on some of the tasks he has been asked to do. This is because of the PNWA trip in Portland, trips to Anchorage on Wetlands, and his mobile office. Mr. Brighton questioned whether Senator Towers is trying to get COE out of Wetlands that aren't navigable. He asked if that happens are we in a worse position. Perhaps F. & W. or someone else will be tougher to deal with. Chairman Peterkin pointed out the question has alot of merit in Alaska. If it was asked in the Pacific Northwest, it has a different reception. He gave the example of the Bonneville Dam project, and how there were 17 environmental type lobbying companies against the project. The project was submitted in 1977 and is still sitting there. He explained they want to put in a canal so shipping can go into the upper Columbia. People there are very concerned about water rights. Mayor O'Reilly stated he thought we should stay involved with PNWA. A situation could develop Where we will be part of the separate service district. We could be talking about a deep draft port. The contacts we are establishing now are important. Mayor O'Reilly commented, on the funding, we must realize that the Borough may pull Coastal Management monies, but we all started off on the basis that we would fund this ourselves anyway. .Mr. Davis stated he hasn't gotten the real flow of authority. The people in the working group for all other agencies have authority from the Commissioner to represent the agency. Chairman Peterkin didn't believe he could appoint Mr. Davis without the direction of the Council. Mayor O'Reilly didn't see any problem with Mr. Davis bringing the problem to the attention of the City Council, and ask them to authorize him to speak for the City in the development of this. Mr. Davis commented he would also like something from the Ge Ge Borough. 2. Referring back to PNWA, Chairman Peterkin stated he thought their next meeting will be in Anchorage. PNWA has alot of committees that handle day to day business. Through PNWA there are many valuable contacts, port directors, etc. Mr. Davis stated they have high powered speakers such Howard Baker and Harry Cook. as Chairman Peterkin spoke on the Senator from New Mexico how he has tried to destroy the water bound freight in Col umb ia Rive r. and the Chairman Peterkin turned the report on DOW over to the Mayor. 3. Mayor O'Reilly reported there were three representatives from DOW who met with Union, Tesoro and Chevron. Their questions were geared toward labor, community aspects, water supply and the shipping situation. The Chamber of Commerce put together a warm reception Friday morning. Mayor O'Reilly spoke on the meeting. DOW may be putting together approximately 30 people as a task force in the Alaska effort. They must know some municipality has the power to put together port and harbor authority, in terms of the~ years 1990-2000. tract with a gre on the area. If cause for reject the Point McKenz Harbor Commis sio to be considered They say they can build an environmental enbelt. DOW is concerned about the effect there is no planning and zoning it could be ion by the State. They have also looked at ie area. Nothing can be developed by the n or the City Council, but it is something Commissioner Williams stated harbor powers concerning the involved with the Borough's he would be in favor of City, but did not want planning and zoning. any to get Chairman Peterkin mentioned needing The pr oduct is a spoke on his presentation 4,000 to 5,000 acres for solid form of animal stock t o DOW. DOW the plant site. in bale form. There was some further O'Reilly reported Fluor discussion on Corp. called dock facilities. and they are doing Mayor a He feasibility study for Exxon for petrochemicals. Frank McIlhargey of the Borough and the Mayor would leave to meet with them the following morning. Exxon is looking for 800 acres and a harbor. The Commission discussed the memorandum to Kenai City Council on area industrial development efforts and City port and harbor powers. 1. Commissioner Wagoner commented on the Mayor's letter to Mrs. Dimmick. He stated Mrs. Dimmick's comment to him was "What does Mayor O'Reilly want me to do?" Mayor O'Reilly stated he asked the Admin. Assistant a letter to Mrs. Dimmick asking her reaction. t o send Commissioner Ackerly pointed sits on that commit tee. out that Margaret Branson also Mayor ~'Reilly stated they meet again have a little time. in mid-Novembe r so we 2. Chairman Peterkin referred to the article in the Clarion (Oct. 28). In it Mr. Roper,stated he was going to build the harbor within 6 months for $500,000. Chairman Peterkin reported there was to be a meeting with himself, Mr. Brighton, Mr. Delahay, and Mr. Roper's attorney, Rick Baldwin on Tuesday, November 4, at 1:30. There will also be a Harbor Commission meeting that night. He stated the Chair would entertain any suggestions. It may be premature until that meeting. Commissioner Wagoner referred to the article where Mr. discussed the City of Anchorage working with free enterprise, certainly the City Council could in Kenai. Rope r Mr. Brighton pointed out the free enterprise project in Anchorage is bankrupt. Commissioner Wagoner asked if there was some way to find the exact amount invested so when Chairman Peterkin sits down with Mr. Baldwin, he can show him what happens. He referred to another statement where it said Mr. Roper has offered the City a million dollar share in his project or to sell back his leases for $300,000. ~ It said the City offered to buy back his leases for $75,000. Commissioner wagoner stated as far as he knew, the City never made an offer to buy back anything. Mr. Brighton stated not in his presence. He felt we should ask Mr. Baldwin if Mr. Roper really wants to build the harbor or sell his leases back. Mayor O'Reilly commented before you can help you must know what his plans are. This gives you an opportunity to see what his development and construction plans are then you base judgement on whether or not you want to help. The second question is if we can't assist you, what would be the price you want to sell those leases. Mayor O'Reilly stated it was the only situation he had seen him say he needs some help like that which was done in Anchorage. There was further discussion. Chairman Peterkin called a recess. Mayor O'Reilly left the meeting at this time. H. 3. Chairman Peterkin stated there was a problem for secretarial services for Gary Davis. Mr. Brighton stated he· wasn't at the meeting. The City Council said the City employee would not take the minutes. Commissioner Williams,· who was at the Council m~eting explained, first they assigned the project to CH2M Hill. There was not a copy of the contract available. What he would like to see is the contract approved and ~get around to the secretarial later. It was the all around feeling that Gary Davis provide secr'etarial services. Mr. Brighton stated all the documents for the contract will be in the next City Council packet. Commissioner Ackerly stated the total contract is $64,000 and he was under the impression that it includes a secretary. Commissioner Williams stated only in taking the minutes was there a pr oblem. Mr. Davis stated the City Attorney and the Finance Director discussed the legal problem on the contract employee relationship. They decided it would be best if the City employee took the minutes, if it was Mr. Davis' secretary it could be interpreted as a ~mployee contractor situation, and could be skirting IRS problems. MOTION Commissioner Williams for There was a Dragseth moved, Mr. Brighton to roll call vote. seconded by take care of Commissioner the situation. The motion passed unanimously. MOTION Commissioner Wagoner moved, seconded by that the secretary under Gary L. Davis' designated as the secretary responsible the Harbor Commission. Commissioner Acke rly contract be for the minutes of There was a roll call vote. The motion pasSed unanimously. Commissioner Wiliiams Mr. Davis is Without requested Mr. Brighton to point out an office. Mr. Davis clarified the situation. A CETA person is being utilized by the City for four hours a day. Mr. Davis was occupying the only space, in the hall. He was offered another space in the hall. At this time he decided he would get his own office. He 4. Chairman Peterkin reported he has made the recommendation of Kay Poland to Mayor O'Reilly to fill the vacancy on the Harbor Commission. Mr. Weller has declined. Chairman Peterkin stated if anyone had further suggestions to let him know. He 5. Chairman Peterkin reassigned the design of business cards to Commissioner Dragseth. He 6. Chairman Peterkin stated the DOW situation was covered under reports. Mayor O'Reilly made two comments. One, we offer the industry a situation where it's possible for harbor powers to be available. Two, we can explain to the ~ough if they can put something together we would support it. H. 7. Chairman Peterkin stated the letter to Senator Stevens would be postponed until the next meeting. H' 8. On ASMA, Mr. Davis reported there has been a group formed called the· Kenai Wetlands Working Group. F & W is a member of the group. The group will provide possible solutions to the problem. H. 9. Chairman Peterkin stated the meeting with Mr. Roper's attorney, Rick Baldwin has already been addressed. (H. 2.) H. 10. Chairman Peterkin stated the Letter to the Borough has already been addressed in discussing the DOW situation. Chairman Peterkin asked Mr. Davis if he could get with Larry Porter on Port of Entry. Chairman Peterkin asked if Mr. Davis could see if Kramer, Chin & Mayo could meet with us sometime when they were in our area. Chairman Peterkin asked Commissioner Williams where we were with the CH2M Hill contract. Commissioner Williams stated it is waiting to be acted on. Mr. Davis mentioned all the firms have been notified by telephone. Commissioner Williams stated we need to follow up with a letter. Mr. Brighton stated he has a "to do" list from the Council meeting he was not able to attend. He directed Mr. Davis to take care of the letters. Mr. Davis stated Mark Stephens indicated there should be a "not to exceed" figure on his contract so it would not exceed the total. I · Commissioner $8,000. Acke rly suggested a not to exceed figure of Commissioner Wagoner engineering reports monies. suggested we pursue the existing and see if it is sufficient for the bond 1. There was some discussion on the Governor's-Board Commission Vacancy List. Chairman Peterkin asked Vice-Chairman Williams to take the Chair. MOTION Chairman Peterkin moved, seconded by Commissioner Wagoner that the Harbor Commission forward to the Mayor a list of Commissions appointed by the Governor that would be beneficial to residents of the Kenai Peninsula for selections for committees: 1. Commission on the Conference of the Law of the Sea 2. Board of Marine Pilots 3. Alaska Council on Science and Technology · Alaska Transportation Planning Council This list will be the next meeting to accompany it. sent to the Mayor the Commission will for consideration forward a list of and at names There was a roll call vote. The motion passed unanimously. Chairman Peterkin resumed 'the Chair. I · 2. Chairman Peterkin read a letter Commissioner Wagoner. of resignation from MOTION Commissioner Williams moved, seconded Ackerly~ to postpone acceptance of the by Commissioner resignation until 10 K® after the meeting of of NoVember 4th. There was a roll call vote. The motion passed With no further business the meeting adjourned Respectfully unanimously. at 10:10 p.m. submitted, P Rob% r~P~ t Chairman Kim Howard Admin. Assistant 11