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