HomeMy WebLinkAbout1984-05-08 Harbor Commission PacketKENAI HARBOR COMMISSION
May 8, 1984
Kenai City Hall
John Williams, Chairman
AGENDA
1. ROLL CALL
2. AGENDA APPROVAL
3. GUEST SPEAKERS
4. APPROVAL OF MINUTES of January 24, 1984
5. REPORTS
a. Current Budget Report from Finance Director
6. OLD BUSINESS
a. Dragseth Proposal
There is no new information as of this date, however, you have been
furnished with all discussion material from the Council up to this
point. It is expected that a report is soon forthcoming and a work
session has been requested by the Council. You will be notified as
soon as Council has received, the material and sets a mutually
convenient date.
7. NEW BUSINESS
a. Letter from State RE: Boat Harbor Management
b. Letter from State RE: American Rivers Month
c. Three PNWA Letters
8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
9. COMMISSION COMMENTS QUESTIONS
10. ADJOURNMENT
KENAI HARBOR COMMISSION, REGULAR MEETING, MINUTES
JANUARY 24, 1984, 7:00 PM
KENAI CITY ADMINISTRATION BUILDING
CHAIRMAN JOHN WILLIAMS PRESIDING
1. ROLL CALL
Present: John Williams, Paul Weller, Leon Quesnel, Al Houtz
Absent: M.W. Thompson (arrived 7:10), Tom Thompson, Marvin
Dragseth
2 AGENDA APPROVAL
a. Chairman Williams asked that the review of TAMS
Financial Analysis Conceptual Design be listed under
item 7 -d
Commission approved the agenda as amended.
M.W. THOMPSON ARRIVED AT THIS TIME. (7 :10 PM)
3. GUEST SPEAKERS
NOne
4. APPROVAL OF MINUTES, Dec. 6, 1983
DISCUSSION:
a. Chairman Williams said the Reynolds Lloyd proposal
was reviewed at Council. The concensus was it was too
late to start the proposal. It would be better to start
next summer with an eye at next legislative session. He
felt even if we got the money it would be good to have
the report. The Council stated they gave City Manager
Brighton a large raise in order to have him act as
lobbyist. The Reynolds Lloyd proposal has gone by
the wayside.
b. Chairman Williams said he had asked Administration to
check on the origin of the OCM letter and had not
received an answer.
c Chairman Williams said he had asked Atty. Rogers to
check on shore fisheries leases. He has not received
an answer.
d. Chairman Williams said he asked Administration to check
if the City is in line for funding or had applied for
Corps. of Engineers money.
e. Commissioner Quesnel said, regarding his statement that
Crowley barges go up in the Spring without cargo. He
has found out that occasionally they go to Anchorage
KENAI HARBOR COMMISSION
JANUARY 24, 1984
Page 2
MOTION:
e. Commissioner Quesnel said, regarding his statement that
Crowley barges go up in the Spring without cargo. He
has found out that occasionally they go to Anchorage
with a full load.
Commissioner Quesnel moved, seconded by Commissioner Weller.,
to approve the minutes as submitted.
5. COMMUNICATIONS
Chairman Williams noted the PMWA letter regarding meetings
that was sent to commissioners. Commissioners are
encouraged to attend.
6. REPORTS
None
7. OLD BUSINESS
7 -a Discussion: Fredrickson Proposal
7 -b Discussion: Dragseth Proposal
PUBLIC COMMENT:
RECESS:
MOTION:
Chairman Williams reviewed the proposal. When he presented
the proposal to Council he was told that there was another
proposal being submitted by Marvin Dragseth just up river
from the City dock and down from Fredrickson land. He had
not idea of it. Council asked the Commission to review it
and Administration said they would submit the material to'
the Commission.
Councilman Ackeriy. We were to have the information by the
Feb. 1 meeting. Apparently some of the parties are in
Seattle making arrangements.
Engineer LaShot reviewed the proposal with the
Commissioners.
Chairman Williams said there was not sufficient information
to make a decision.
Commissioner Weller moved, seconded by Commissioner M.W.
KENAI HARBOR COMMISSION
JANUARY 24, 1983
Page 3
MOTION:
MOTION:
Commissioner Weller moved, seconded by Commissioner M.W.
Thompson, to table further discussion regarding the
Fredrickson and the Dragseth proposals till such time as
further information is available.
Motion passed by unanimous consent.
7 -c Budget
Chairman Williams said last year's budget was for $13,000,
the Commission spent $548. He suggested it remain the same
as last year, they hope to use the funds allotted. He
suggested the travel he enlarged.
Commissioner Quesnel moved, seconded by Commissioner Weller,
to continue the budget at the same level as before, except
raising the transportation budget to $5,000.
Motion passed by unanimous consent.
7 -d TAMS Financial Analysis and Conceptual Design Report
Chairman Williams said Council would like to have a meeting
with the Commission on this report. They have one more
step, to order the beginning of engineering on the harbor
itself. Council wants to know if the Commission recommends
building it or not. He suggested Council request TAMS begin
permitting process right away. He noted in the report that
Page 4 -15, 2nd alternative, the "yes" and "no" were reversed
under Future Expansion Requirements. He asked Clerk Whelan
to check with Secretary Loper if this had been done. He
noted page 6 -7, under Permit Application, Commission would
like to discuss renewal of the permit. Commission finds at
this stage:
1. They accept the final report of TAMS
2. They request the boat harbor be built if funds are
available
3. TAMS be notified to begin the permitting process to
keep current.
8. NEW BUSINESS
KENAI HARBOR COMMISSION
JANUARY 24, 1983
Page 4
B -a Chairman Williams requested Council contact Frank
iMcllhargey of the Borough for a projection of
population, revenue, and tax increases for the City to
see the projection we are moving in. Commissioner
Quesnel noted there will be a natural resources
conference in February at the Borough. Chairman
Williams requested Secretary Loper send a copy of the
projections to all commission members.
8 -b Chairman Williams suggested Commission should consider
the control and development of river usage within the
City of Kenai
B -c Chairman Williams suggested Administration write a
letter to TAMS stating Commission has accepted the
draft, and that the final design study be submitted as
possible to the City. He asked Secretary Loper to make
25 copies for distribution.
8 -d Chairman Williams requested a joint work session of
Commission and Council on Feb. 21, 1984 to present the
final report on the harbor. He asked Secretary Loper
to contact TAMS and request their presence.
8 -e Chairman Williams requested Administration submit more
information on the Fredrickson /Dragseth proposals as
soon as available. He suggested it be part of the
Commission meeting in February, and that Administration
be notified.
8 -f Commission agreed there would be only one meeting in
February.
NOTE: Eff. 1 -30, there will he Harbor Comm. meetings
on Feb. 21 Feb. 28.
8 -g Chairman Williams noted the news report distributed to
Commissioners regarding TAMS vs Homer. They have had
TAMS and Homer sides. He noted the attorney and city
manager had been fired. He felt that it was not a good
arbitration panel, it did not alter his feelings about
TAMS. Mayor Wagoner noted you can he right in
arbitration and still lose.
ADJOURNMENT:
MOTION:
Commissioner M.W. Thompson moved, seconded by Commissioner
Houtz, for adjournment.
KENAI HARBOR COMMISSION
JANUARY 24, 1983
Page 5
Motion passed by unanimous consent.
Meeting adjourned at 9:25 PM.
Janet Whelan
City Clerk
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 7535
MEMO TO: Kenai Harbor Commission
FROM: Charles A. Brown r
SUBJECT: Harbor related construction and/or design monies
DATE:. April 18, 1984
A review of the various harbor related grants reveals the
following monies available:
Port Facilities Grant:
Budget 715,000
Land acquisition <100,022>
TAMS <83,150>
Available 531 828
To be used toward planning, engineering, land
acquisition for City Dock and Marine Industrial Park
Complex.
Harbor Study:
Budget
Match for Port Facilities
CH2M Hill
TAMS- original sed. study
TAMS- increase sed. study
TAMS demand analysis
Other
Available
500,000
<71,500>
<65,000>
<119,720>
<11,672>
<135,600>
<8,610>
8796
To be used for design and feasibility study for small
boat harbor.
Page 2
CAB:jb
Boat Ramp:
Budget
Spent on ramp project
(closed)
Available
300,000
<234,086>
65914
To be used to expand and repair boat ramp; install
water and sewer facilities; fueling facilities; boat
repair grid; camping area; parking.
1978 Appropriation
Available balance 157 820
See attached letter dated April l6, 1984 from DOTPF.
It appears that we need to advise the State of Alaska
as to our intentions. We do not have a grant at this
time, but the money is available. It looks like the
money could be used for anything related to a harbor or
boat ramp area If we want to apply for a grant, we'll
need specifics of the usage.
I ask the Harbor Commission for guidance on what our
correspondence to the State should include.
CC: Bill Brighton, City Manager
DEPARTMENT OF TRANSPORTATION
and PUBLIC FACILITIES
BUILDINGS AND HARBORS DESIGN BRANCH CENTRAL REGION
April 16, 1984
Mr. Charles A. Brown
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Mr. Brown:
Re: Legislative Funding
Chapter 113 /SLA 78
Bill Sheffield, Governor
POUCH 6900,
r 4717 AVIATION AVENUE
ANCHORAGE, AK 99502
(TELEX 25 -185)
In accord with our telephone conversation today, I am enclosing the sparse
information contained in the Central Region File on referenced legislation.
Our financial report shows that there is $157,820 remaining from the original
appropriations made in 1978. The appropriation was made to the Department of
Transportation (DOT), Water and Harbors Facilities. It appears that the
intent may have been to grant the funds to the City; however, it looks like
that did not happen. The contract agreement signed by you and John Bates
stipulated an amount of $5,000 to be granted to the City for conducting a
feasibility study to determine the desirability of constructing a small boat t 7.0
harbor at Kenai. It appears that the study was made and the $5,000 was paid c,
to the City. Our files record no further action taken. L
C"'
The options for use of the funds amount to either D0T /PF or the City taking y t
the responsibility for a small boat facility design /construction /repair
project or returning the funds to the Alaska General Fund. Please advise us
of your desired action at your earliest convenience.
Respectively yours,
Waldo H. Asbury, P.E.
Acting Asst. Design Chief
me: i`argaret Holland, Grants AdQinistrator, Project Control
orw
II YCI f;PM14 I It I,N1.1
l
6
160SI11N CCNicpl (NIGER
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PALE 81
LLLU
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APPROPRIATION
45
40,00°
5',
-NO rmMF
t VT v 4% -N+.+w i
Pnai IN INN (0050(74 CONTROL 44Mf)
10 I61605045 IUx a' ANC VILLAGE ASSOCIAIICN GPAN1
11 NC. d.044-
12 7410074018 1101'1 066744 50,000
Il IERAPI0601 OF I48NSP0R1670UN
14 NAI {P L NA44URS 08111711ES 2.058,002
15 (08(003 NARBC0 FeCIL111ES 325,000
16 NCRBB 080004 81071111E5 270,003
17 5K314AY 1'64810 FACILITIES 635,003
IB 5748(1 768000 ELECTRICAL 51,000
IR 484?84778 BAY FLOAT 51.000
25 (114100' COVE FACILITIES 54.000
21 REAM 060008 TACIT ITIES 163.000
22 72(183 NARBOR 0800117115 270,003
23 CRAIG LABOUR EACILITILS 215.000
24 1(60 NAR50R FACILITIES )09.000
25 H4CA8URG OARPOR FACILITIES 380,000
26 HELM 8A♦ BLOAT 31.000
1
68 FUR', 500, 2
0(N1 x81 tr. UNIT. L VA05 1
40,000
�3 4
4-. 1
tiC 74
„M
MO MGR
78- 000
4 2456'
50.000
2.358.000
1 0
in
21
71
26
KENAI CITY COUNCIL
REGULAR MEETING, MAY 2, 1964
PARTIAL TRANSLATION
G -18 Discussion Royal Pacific /Salamatof Dock Proposal
Mayor Wagoner requested more detail on this item and a work
session at the site to review. City Manager Brighton said he
needs a concensus of yes or no on the trade. They have
asked to trade an equal amount of land next to Salamatof so
they can use the land and have river access. There would be
a fish butchering facility. Salamatof has said the trade
would work out better for them than the existing
circumstances. We need to get the proposer to provide
information if this is approved. Councilman Wise said the
land is under restricted deed, the question is moot. It was
granted under restriction and is restricted to public
purposes. Mr. Brighton said the dock in front is for public
purposes, he will pursue this.
Council agreed to further pursue this.
.'Janet Whelan
City Clerk
KENAI CITY COUNCIL
DECEMBER 21, 1983
Page 6
MOTION:
MOTION:
Gouncllma
those who
bid.
VOTE, Amendment (Failed):
antes noted this will reduce the number of
1 hid. It could drive up the price of the
Yes: Hall, Wise
No Wagoner, Ackerly, bailie, Measles, Monfor
VOTE, Main Motion (Passed):
Yes: Wagoner, Ackerly, Bailie, Hall, Measles, Monfor
No: Wise
G -6 Ordinance 911 -83 Increasing Rev /Appns State Grant,
Senior Citizens $160,114
Councilman Measles moved, seconded by Councilman Ackerly, to
introduce the ordinance.
Motion passed by unanimous consent.
G -7 Ordinance 912 -83 Increasing Rev Appns Community Service
Program $5,742
C oun
to i
an Ackerly moved, seconded by Councilwoman Baili
oduce the ordinance.
Motion passed by unanimous consent.
G -0 Ed Lowry Amended Lease Sprucewood Glenn 5/D
Land Manager Labahn explained, Mr. Lowry made a request at
the last meeting to have 3 leases made up from one.
Administration recommends consent to the division with 3
conditions:
MOTION:
a. Subdivision plat he recorded. (It has not been)
b. PAZ recommended the right -of -way (Tern) be platted to
the edge of the property for access to Walker Lane.
c. PAZ recommended ff3 he restricted to urban residential.
That is in the over -all lease.
Councilman Meanies moved, seconded by Councilman Ackerly, to
approve the revised lease agreement of Ed Lowry with
constraints ns suggested by Administration.
Councilman Ackerly asked if Mr. Lowry wes current in his
lease payments. Finance Director Brawn replied, he did not
know. He was not current at the last meeting.
MOTION, Addition:
Councilman Measles moved, with consent of second, to add,
"providing the lease rs current."
Motion passed unanimously by roll call vote.
G -9 Discussion 145S Feasibility Study Barge terminal
City Manager Brighton explained, there has been a verbal
proposal in the acea of Salamatof and the property formerly
owned by the Natives and now owned by Royal Pacific
KENAI CITY COUNCIL
DECEMBER 21, 1983
Page 7
Fisheries. That proposal will be in the City within the
next 2 weeks. A survey will be done then. He asked Council
to hold off on the TAMS proposal till this is reviewed. The
verbal proposal was to exchange the poet of Salamatof for
the previously Native property adjacent to Salamatof. There
would be some fiver access, we would have more storage
space. Salamatof, Royal Pacific and the City would pay a
portion of the cost of a large facility. Mayor Wagoner
asked Harbor Commission Chairman Williams, he thought it was
discussed at Harbor Commission meeting that we should be
careful on this. We have an independent company already
doing freight. He thought the City should not get involved
with competition with private enterprise. Chairman 'Williams
said he was unaware of the arrangement discussed by Mr.
Brighton. Mr. Brighton explained it is verbal, but they
assured him it would be in writing. They speak of all 3
parties building an expanded dock to give independent
fishermen a place to unload. There is a dock for Dragnet,
but it is primarily freight. Mayor Wagoner noted it is not
public. Chairman Williams agreed to delay a decision, but
added he did not know of this proposal. He explained, the
TAMS study was to open doors to see if docking facilities
were feasible or would be used. We are looking at an
off -load facility and a barge facility also. He said the
Harbor Commission will have the information by the Jan. 18
Council meeting.
_Council agreed to delay a decision.
mms
G -10 Discussion Reynolds Lloyd Proposal Public Relations on
Capital Improvement Projects
City Manager Brighton explained he sent copies of the
proposal. to Council for review. We should not lean on
informing Lhe public or area —wide on the basis that 11 4± 11
help provide money. We need to depend on the legislators to
use individuals and groups in the community that sell the
need of projects. The speeches need to be made to the
legislators. the best part of the proposal is the slides,
information to justify the request for us to pass on to the
legislators. He has a lunch scheduled with Rep. Adams, Rep.
Hovel and Sen. KerLulla will colt for an appointment. Sen.
Bennett 11111 also 00ntact 11 1.1. These are the key people.
At the legislative me eting with Council, the question was
reisr,d that the Governor's budget may be done, and were any
of our requests in it? IL is not prepared, it may be more
than 2 weeks from now. He talked to the Asst. Commissioner
of Commerce, harb and airport request w111 be pushed.
The library and community center do not fit into these
categories. Also regardless of plans they promise, the
Covaernor, 510 ate and II dose will split projects. Mayor
Wago ner send Councl] C011 nrrod with City Manager Bright at
last budget hearing that we would let him he lobbyist. He
suggested Mr. Brighton go down in the next 2 weeks to make
conlar,i .1. Councilman 'Wise said now is not the time to take
pictures. It should be during the fishing season. In the
Suring we should amass information for 0 package to support
these things. Mayor 'Wagoner said he has asked P &Z to be
ready to do that 0,, earl as possible next year. Chairman
41111.0611 satd lobbying 12 the best method to have eonedd ng
posit (lone by the City to the legislators. The biggest
problem of the City is wait ins till the last minute and then
poled to Juneau. Councilwoman Flonfor agreed that we are
ate In ;tartirri, but whit we= present s done well. 'ble
could t aka the re inn '.ive par's of this proposal. There
should he som_ sloids in the C111 96,1100 .A a lot of money
for brochure. ll :aor Wagoner explained the slide
presentation was to aruups, not to Legislators. It may be
better to 100111der taking Reynolds Lloyd as long term for
KENAI CITY COUNCIL
JANUARY 10, 1904
Page 9
MOTION:
Councilman Mess
to proceed with the idea.
!lotion passed by unanimous consent.
G -11 Discussion Report on Royal Pacific, Salamatof Dock
Proposal
City Manager Brighton asked that this item be postponed. He
has not received the report yet. The land is being surveyed.
They should have the proposal by Feb. 1.
Council agreed to the request.
G -12 Discussion TAMS Report Small Boat Harbor
Mayor Wagoner noted Council has received the report, he
suggested a work session with the Harbor Commission.
Councilman (Wise asked if the Harbor Commission could obtain
a report on the Homer problem with TAMS. TAMS has already
made a report to the Harbor Commission, he asked for the
Homer viewpoint.
Council agreed to attend the Jan. 24 Harbor Commission
meeting, if possible.
EXECUTIVE SESSION:
MOTION:
Councilman Ackerly moved, seconded by Counei
to have an executive session to deal with me
the finances of the City.
Mayor Wagoner explained the reason a proposal dealing with
properties needed for development in a situation similar to
the FAA proposal. It will affect the finances of the City,
it is not new to Council.
Motion passed unanimously by re11 call vote.
City Manager Brighton requested that Atly. Rogers and Land
Manager Labahn attend.
Council agreed to the request.
EXECUTIVE SESSION: 9:10 PM to 9:50 PM.
102:
Councilman Hall moved, seconded by Councilman Measles, to
direct Administration to go into discussion with 110A to
locate italleitt new facility within the City of Kenai.
Mottos passed unanimously by roll call vote.
COUNCILMAN HALL LEFT: 9:50 PM.
H. REPORTS
H -1 City Mana_ier
City Man Drtghton sp d<
oved, seconded by Councilwoman Bailie,
eman Monfor,
ors affecting
of ed t 9 nnounrenent fro r,gard:n(1 Iocotton
of he FAA slat :on f rib te! :his date.
p O Po L
roi,�on d Y,
Oil 6 c' J
a
A\ A:
1
i
25A -T2 LH
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
STANDARDS AND TECHNICAL SERVICES DIVISION
William J. Brighton
Box 850
Kenai, Alaska 99669
Dear Mr. Brighton:
April 20, 1984
Re: Boat Harbor Managemen
AS 35.05.040
File No. 5500
BILL SHEFFIELD, GOVERNOR
P.O. Box 3 -1000
Juneau, Alaska 99802
PHONE: 789 -6261
As you may be aware, the Department is in the process of establishing
a more standardized policy for management of boat harbor facilities by
local governments.
Enclosed are drafts of the State Harbors Program Policy Statement and
the Boat Harbor Management agreement, and a copy of a recently develop-
ed float inspection and maintenance report. Please review these docu-
ments and submit any desired comments by May 10, 1984 to allow us to
meet our scheduled early June distribution date for the final docu-
ments.
Also included is a copy of the chapter dealing with Harbor facilities
contained in the City of Kodiak municipal code. While some of the
terminology, rate structure, etc., contained may be in conflict with
the proposed policy and management agreement, most of the material
could be used in the development of an effective ordinance.
Your cooperation and assistance in helping to develop a realistic
statewide harbor management program is appreciated.
Sincerely,
John Simpson, Director
Standards and Technical
Services Division
Enclosures: Draft Policy Statement
Draft Harbor Management Agreement
Float Inspection and Maintenance Report
Example Harbor Facilities Code
DRAFT April 20, 1984
DRAFT
I. PROGRAM DEFINITION
THE STATE HARBORS PROGRAM
POLICY STATEMENT
The State Harbors Program is concerned with the funding, construction,
maintenance, operation, administration, and management of harbors and related
facilities in Alaska. In addition to the breakwaters, docks, floats, ramps, slips,
and other facilities directly related to safe moorage of boats, the program includes
launching ramps and seaplane floats. The harbors program does not include
matters related to piers, wharves, and docks whose primary purpose is the
movement of cargo and serving state ferries.
II. PROGRAM OBJECTIVES
The Department of Transportation and Public Facilities (DOT &PF) shall administer
a harbors program with the following objectives:
A. Perform and maintain an inventory and condition survey of harbor
facilities.
B. Perform specific preliminary site studies to establish maintenance and
construction needs, develop cost effective analysis of practical solutions
and, provide communities with technical assistance in carrying out
locally sponsored studies.
C. Prioritize and maintain project lists by Region, itemizing projects of
merit.
D. Annually review Regional project lists and incorporate priority projects
into the budget process for possible funding through the Legislature.
E. Provide technical advice, assistance and partial funding to communities
for the design and construction of local projects. Provide for the
design and construction of projects approved by tile Legislature.
-1-
DRAFT April 20, 1984
F. Encourage and support financial participation by local government and
private enterprise in the development, operations and maintenance of
harbor facilities.
G. Prepare and implement a uniform management agreement for State
Harbors facilities between DOT &PF and leasing governments and
organizations.
III. DOT &PF /I19UNICIPAL RELATIONSHIPS
A. Purpose
This policy is promulgated under authority of AS 35.05.040. The purpose is
to assure safe harbor facilities on an equal basis for all user groups with
the cost of management and operation including reasonable maintenance costs
being borne by the users. Within the scope and limitations of this policy,
local governments desiring to manage harbor facilities constructed and owned
by the State shall enter into
This agreement sets forth
management, administration,
facilities.
Use of State Harbor Facilities
a management agreement with the Department.
the conditions
operation
-2-
and
and specifications for use,
maintenance
of State harbor
Harbor facilities are to be available on an equal basis without regard to
race, sex, age, creed, color, national origin, religion.... Preference will not
be given to local residents or any one type of user group. Where the
number of spaces available are inadequate to meet the needs, registered
owners will be limited to Q ne preferential berth. Access to the harbor
facilities will not be restricted.
One of the functions of the State owned harbor facilities is to provide safe
moorage for transient boats. Therefore, the operators will insure that space
equivalent to a minimum of 5% of total berths, (minimum of one berth) is
DRAFT April 20, 1984
made available for the accommodation of transient vessels of appropriate size
for the harbor.
The harbor facilities are provided for the use of seaworthy vessels having
their primary use in providing water transportation or obtaining seafoods.
This specifically excludes vessels which are incapable of proceeding under
their own power such as, liveaboard houseboats, floating dormitories,
unpowered barges, etc. The use of space within the harbor facility,
including the upland area, for the purpose of a commercial enterprise
conducted solely within the harbor requires prior State approval.
Local government units responsible for management of harbor facilities will
insure that appropriate ordinances are enacted to preclude the use of harbor
space by derelict or unseaworthy vessels.
C. User Fees and Charges
Moorage fees are to be collected by the harbor management in compliance
with the guidelines provided by the Department of Transportation and Public
Facilities to insure equitable treatment and a return sufficient to operate and
maintain the facilities. Appropriate accounts will be maintained as required
in AS 29.23.390 and AAC 19.30.070 to document all income and expenditures
associated with the harbor facilities, with maintenance being treated as a
separate and distinct account. Annual reports on income, usage and
expenditures will be required.
To insure that adequate income is generated to protect the large State
investment in harbor facilities, the Department of Transportation and Public
Facilities will establish minimum moorage fees for permanent and transient
spaces based on the size (length and beam) of the vessel. In addition, the
Department of Transportation and Public Facilities will establish the
percentage of the total revenue from moorage fees which is to be separately
accountable and used exclusively for the maintenance of the harbor facilities.
-3-
DRAFT April 20, 1984
D. Harbor Facility Construction and Maintenance
Recognizing the need for providing safe moorage, but also the limitations on
available funds, the State will normally provide the basic harbor facilities
including protective barriers, dredging, grids, lifts, floats and ramps. The
development of upland area, utilities and fire protection, will normally be the
responsibility of the local government. Utilizing an agreement between the
municipality and the Department, construction of upland area, utilities and
fire protection may be included in the DOT&PF construction contract. The
capital costs to be recovered by the State will be outlined in the agreement.
New harbor facilities and major rehabilitation of existing facilities will be
supported by the State to the extent that funds are available, where there
is a recognizable need, and where the local government (if one exists)
agrees to accept the management responsibilities, including collection of fees
and providing a reasonable level of maintenance. Where no local government
or other suitable organization exists, the Department of Transportation and
Public Facilities will manage or cause to be managed, the harbor facilities.
The State, in cooperation with the local government units, will conduct an
annual harbor facility condition survey. From these condition surveys a
prioritized list of rehabilitation and repair projects in each region will be
developed. This list will be submitted to the Governor's office with
recommendations for inclusion in the executive budget. The Department will
provide engineering and design assistance to local governments on questions
relating to construction, repair and maintenance of harbor facilities.
II. IDENTIFICATION AND FUNDING
A. Problem Sites
Most communities in Alaska with a need for harbor facilities lack adequate or
sufficient boat moorage.
-4-
DRAFT April 20, 1984
In order to identify and catalog areas where lack of facilities and
deterioration of existing facilities are problems, regional offices will be
responsible, in cooperation with the local government units, for conducting
condition surveys and inventories in their respective regions. The POT &PF
will also develop means to collect user data in order to document the extent
of needs for new harbor facilities.
Potential projects should be rated as to their overall importance in each
region. This rating will take into account such factors as hazards for
persons and vessels using facilities, the costs to alleviate the problems, the
social or environmental consequences of maintenance or new construction
projects; and of taking no action.
B. Funding
Based on the results of inventories, surveys, and local government
requests, the needs for new harbor facilities, harbor expansions and major
harbor repairs shall be documented by the Department. These needs will be
prioritized on a Statewide basis according to criteria established by the
Department and included for state funding as part of the executive capital
budget request. State responsibility will extend only to protective barriers,
dredging, grids, lifts, floats and ramps. Actual projects to be undertaken
will be determined by legislative action on the capital budget.
-5--
LOCALITY DBR NO.
This day of 19 the State of Alaska,
Department of Transportation and Public Facilities, Region)
hereinafter called the "State whose address is
and
hereinafter called the "Operator whose address is
do enter into this agreement of pages, including exhibits) and
signature page(s), and agree as follows:
PREMISES
1. The Operator hereby agrees to manage and operate the following
described marine facilities hereinafter referred to as the "Harbor" located at
in the Recording District,
Judicial District, Alaska:
TERM
A. BASIC PROVISIONS
STATE OF ALASKA
DEPART'MEN'T OF TRANSPORTATION
AND PUBLIC FACILITIES
BOAT HARBOR
MANAGEMENT AGREEMENT
2. The term of this agreement is
19 to the day of
B. GENERAL COVENANTS
OPERATION AS PUBLIC FACILITIES
year(s) from the day of
1. The Operator hereby agrees to operate the Harbor for the use and
benefit of the public; including pedestrian access to the floats to make
available all harbor_. facilities and services to the public on fair and
reasonable terms and without discrimination; and to provide space within the
Harbor, to the extent available, for those in need of harbor services. Unless
otherwise directed by the State, federal or other publicly owned or operated
vessels should receive no special preference for berthing space in the Harbor.
Said vessels should use the Harbor under the same conditions and at the same
moorage rates those specified for the general public. No preference will he
given to local residents or to commercial or pleasure vessels. If a waiting
list exists, each registered owner will he limited to one reserved berthing
space.
MAINTENANCE AND REPAIR
2. The Operator hereby agrees to continuously maintain the harbor in
a good state of repair, at no cost to the State. Provided, however, that all
necessary "major repairs" not caused by any negligent action of the Operator, or
by others which can be held fiscally liable shall be undertaken and completed by
the State, at State expense, subject to the appropriation of sufficient funds
for that purpose.
LIABI
a. The terms "minor repair and routine maintenance" as used
herein is defined as routine maintenance and repair including
but not limited to the following:
i. Replacement of damaged flotation material.
Replacement of damaged decking, bull rails, gridiron
caps, or other structural members.
ii. Repair of electrical utilities, fire suppression
systems, safety equipment and water systems.
iv. Replacement of broken or damaged piling.
v. Replacement of eroded bank protection or fill material
at launching ramps, approaches, etc.
vi. Repair of all structural damage caused through impact
or collision by vessels using the facilities. (Should
be collected from owner of vessel).
vii. Repair or replacement of damaged or worn transition
plates, hinges, float connectors, pile guides and
similar hardware.
b. The Operator agrees to identifying not less than 15% of all
fees collected as designated maintenance funds to be used only
for the minor repair and routine maintenance of harbor
facilities. The expenditure of these funds will be documented
and reviewed during the annual review of the management
agreement and harbor inspection.
c. The State shall have the right to require the Operator to per-
form minor repair and routine maintenance in the event any
inspection of the Harbor by the State reveals a failure by the
Operator to adequately maintain harbor facilities. Such
corrective maintenance or repair work shall be accomplished
by the Operator within a reasonable period of time as deter-
mined by the State.
HARBOR UPKEEP
3. The Operator hereby agrees to maintain the Harbor in a clean and
orderly manner at all times. Derelict, inoperable or abandoned vessels shall
not be allowed to occupy moorage space. Oil drums, nets, fishing gear, skiffs,
garbage cans or unsightly debris may not be stored on the floats or within the
Harbor.) Bumpers made from used tires, rope, old fire hose, etc., shall not be
secured, either permanently or temporarily, to the floats. If so desired, the
Operator may install standardized premolded rubber or vinyl bumpers of
commercial manufacture, or make such bumpers available to individual vessel
owners for their own installation.
HARBOR MANAGEMENT AND ADMINISTRATION
4. The nature, scope and extent of management and administrative
services to be provided by the local government may include but are not Limited
to employing a harbormaster, assistants, secretary, radio operator, etc; and
providing security, police coverage, fire protection, waste disposal, garbage
pick -up, utilities, parking, restrooms, snow removal, etc.
5. The Operator shall indemnify, defend, and hold the State harmless
from any tiability, action, claim, suit, loss, property damage, or personal
injury of whatever kind resulting from or arising out of any act of commission
or omission by the Operator, his agents, employees, or officers arising from the
Operator's operation and maintenance of the Harbor.
6, The State shall indemnify, defend, and hold the Operator harmless
from any liability, action, claim, suit, loss, property damage, or personal
injury of whatever kind resulting from or arising out of any act of commission
or omission by :the State, its agents, employees, or officers arising from the
State's obligations under this Agreement.
HARBOR ORDINANCES, HARBORMASTER
7. The Operator shall employ appropriate personnel, including a
Harbormaster or designate a person to perform this function, and promulgate
such harbor ordinances or regulations as may be necessary to provide safe,
orderly operation and management of the Harbor. The municipality agrees to
enact an ordinance concerning derelict, inoperable or abandoned vessels.
Ordinances shall be in conformance with all of the terms and conditions
contained herein, and shall he consistent with any and all provisions. of Title
17, Chapter 80, Alaska Administrative Code. Further said ordinances shall be
consistent with approved state policy relating to operation and :management of
state owned harbor facilities.
8. Ordinances and regulations for the operation and maintenance of
the Harbor shall specifically indicate that each berthing space renter receives
the privilege of occupying an assigned space on a preferential usage basis only
and that he is provided this reserved status only so long as he owns a vessel
and pays the prescribed fees. Said ordiaances and regulations shall also
specify that moorage space rentals do not convey any property or ownership
rights to the party renting the space and that the loaning or subleasing of
reserved berthing space by space renters is prohibited. The harbormaster should
have the full discretionatory authority to allow other vessels to occupy an
empty boat stall at any time the assigned vessel is absent from its assigned
space for extended periods of time, without compensation or refund of prepaid
moorage fees. Any such vessel temporarily assigned by the harbormaster to a
reserved berthing location shall be required to pay the appropriate transient
moorage fee, and must be moved immediately if the assigned vessel returns.
USAGE FEES
9. (a) The Operator shall charge fees for use of harbor facilities.
Fees shall be charged for preferential berthing space and
transient moorage. A minimum moorage fee of $0.60 (sixty cents)
per year for each square foot of berthing space (based on the
product of maximum vessel length and beam) shall be charged for
preferential berthing space. At the discretion of the Operator,
fees may also be charged for the use of gridiron facilities and
dock in the Harbor. No usage fees shall be charged for loading
zones established adjacent to approach and gangway structures. No
usage fees will he charged for launching ramps. Transient moorage
fees will not exceed three times the.. rate for... preferential
berthing space calculated on a daily basis and may not exceed the
preferential berthing rate if on a weekly basis. Transient fees
may be reduced to as low as 60f of the established preferential
berthing space fee if duration exceeds 90 days. The right is
hereby reserved to the State to increase or decrease the $0.60
(sixty cents) minimum moorage fee and to approve or disapprove all
usage fee rates in order to insure that all charges are reasonable
and in the best interest of the public.
(b) The usage fees charged by the Operator should be assessed at
a level sufficient to:
i. Provide adequate management and administration of the
Harbor.
ii. Satisfy all maintenance requirements, present and future
(except major renovation or realignment as considered ap-
propriate by the State).
3-
SUBLEASING
10. In order to maintain the originally intended purpose of the
harbor, the Operator hereby agrees not to sublease land or rent moorage space
within the Harbor to individuals or firms for the purpose of conducting
commercially oriented business enterprises at the Harbor, without the State's
prior written consent. Such enterprises include, but are not limited to, gift
shop, restaurant, marine supply store, fish processing plant and marine
dealership. They do not include commercial fishing boats, charter boats, etc.
PROHIBITED MOORAGE
iii. Provide for contingencies and emergencies.
(c) All usage fees collected by the Operator in connection with
the Harbor shall be accounted for as a special fund established by
the Operator. Said fund shall be used exclusively for the ad-
ministration, maintenance and operation of the Harbor by the
Operator including overhead costs incurred by the municipality.
(d) The Operator shall keep complete financial records in accor-
dance with generally accepted accounting practices, reflecting all
revenue derived by the Operator from the Harbor as well as all
funds expended by the Operator for the maintenance and operation
of the Harbor. The right is hereby reserved to the State to
examine said financial records at any time during normal business
hours. In addition, the operator will submit an annual summary of
Harbor usage, income and expenses.
11. The Operator shall not permit moorage of excessively large vessels
which might overstress or otherwise damage the harbor facilities. Log rafts,
scows, barges, non- powered vessels, floating boat shelters and floating storage
buildings shall not be permitted to moor to the public float systems. It is the
expressed intent of these restrictions to provide definite limitations on the
moorage of structures other than powered vessels in order to prevent any
disorderly or unsightly developments or those that might otherwise detract from
the overall safety and security of the Harbor. No vessels are to be permitted
moorage to the public float system whose length exceeds by more than 10 feet the
largest berthing space provided on that float, or the berth it is occupying.
UPLAND IMPROVEMENTS
12. Upland areas within the harbor boundaries shall be utilized for
marine oriented activities only, unless otherwise authorized in writing by the
State. Any permanent development or structure which may be contemplated by the
Operator must be approved in writing by the State prior to construction.
S IGNAGE
13. Appropriate signs which identify the harbor as a State owned
facility operated by the municipality will be furnished by the State and
installed by the Operator. Signs will be installed in areas of high visibility
to provide maximum assistance to transients.
14. The operator shall provide and maintain in good condition such
additional directional and information signing as necessary for the convenience
and safety of the boating public.
OPERATOR PROVIDED UTILITIES AND WATER SYSTEM
15. Where electrical facilities and water distribution systems are not
provided. by the State, the Operator may, after approval by the State install, or
have installed by a competent contractor, adequate electrical and water systems.
Under no circumstances shall the Operator alter or modify existing harbor
facilities for the purpose of installing electrical utilities or water systems
without first obtaining specific written approval from the State. The State will
furnish minimum designs standards to accomplish the work. Power provided to
individual vessels should be metered and charged to the vessel rather than to an
overhead account.
FUEL
16. If fuel or any other hazardous materials are handled in the
Harbor, the Operator shall insure that only properly trained personnel handle
such fuel or materials and that adequate procedures are followed for safely
storing, dispensing, and otherwise handling fuel or hazardous materials in
accordance with the National Fire Protection Code and all applicable federal,
state and local laws.
17. In the event of a fuel spill in the Harbor, the Operator shall act
promptly to contain the fuel spill, repair any damage, absorb and clean up the
spill area, and restore the Harbor to a safe condition and otherwise comply with
the applicable portions of state and federal law.
TERMINATION OF AGREEMENT
18. The State may cancel this agreement by giving the Operator sixty
(60) days advance written notice upon the failure of the Operator to perform,
keep and observe any of the terms, covenants, and conditions contained in this
agreement, PROVIDED, the deficiency is not cured by the Operator within said
sixty (60) day period.
19. The Operator may terminate this agreement at any time by notifying
the State in writing, at least six (6) months prior to the effective date of
such termination.
RENEWAL
20. In order to renew this agreement, the Operator must file a written
application with the State at least sixty (60) days before the expiration of the
agreement. The filing of an application which fully conforms to the
requirements stated herein will operate to extend the tens of this agreement on
a month to month basis until:
DISCRIMINATION
21. The Operator covenants and agrees that discrimination on the
grounds of race, color, religion, national origin, ancestry, age, or sex will
not be permitted against any patron, employee, applicant for employment, or
other person or group of persons in any manner prohibited by federal or state
law. The Operator recognizes the right of the State to take any action
necessary to enforce this covenant, including actions required pursuant to any
federal or state law.
EXISTING CONDITIONS
SUBJECT TO LAWS
23. This agreement is issued subject 10 all the provisions an
requirements of the agreement and regulations of the State of Alaska relating to
the use and management of State constructed marine facilities.
(a) A renewal document is executed by both parties.
(b) The application is rejected by the State in writing, stating
the reasons for the rejection, after which the State and
municipality will attempt to negotiate their differences.
22. The Operator has examined, knows and accepts the conditions and
slate of repair of the harbor and acknowledges that the State has made no
representation concerning such condition and state of repair, nor any agreement
or promise to alter, improve, adapt, repair or keep in repair the same, or any
item thereof, which has not been fully set forth in this agreement.
24. The Operator shall conduct all operations at the Harbor in
compliance with all federal, state, and local laws, ordinances, rules and
regulations now or hereafter in force, which may be applicable to such
operations.
LIENS
25. The Operator shall keep the Harbor free of all liens, pay all
costs for labor and materials arising out of any construction or improvements by
the Operator on the Harbor, and hold the State harmless from liability for any
such liens, including costs and attorney fees.
NO WAIVER
26. The failure of the State or the Operator to insist in any one or
more instances upon the strict performance by the other party of any provision
or covenant id this agreement may not be considered as a waiver or
relinquishment for the future, but the provision or covenant will continue in
full force. The waiver by the State or the Operator of any provision or
covenant in this agreement cannot be enforced or relied upon unless the waiver
is in writing signed on behalf of the party granting the waiver.
MODIFICATION
27. The State may modify this agreement to meet the revised require-
ments of federal or state grants or to conform to the requirements of any
revenue bond covenant to which the State of Alaska is a party. Provided, that a
modification may not act to reduce the rights or privileges granted the Operator
by this agreement nor act to cause the Operator financial loss without the
Operators prior agreement.
VALIDITY OF PARTS
28. If any provision or covenant of this agreement is declared to be
invalid by a court of competent jurisdiction, the remaining covenants and
provisions will continue in full force.
INTERRELATIONSHIP OF PROVISIONS
29. The basic provisions, general covenants, special covenants,
supplements, addendums, and drawings attached as exhibits are essential parts of
this agreement and are intended to be co- operative, to describe the respective
rights and obligations of the parties to this agreement. In case of a
discrepancy, figured dimensions govern over scaled dimensions unless obviously
incorrect. Special covenants govern over basic provisions, both of which govern
over general covenants.
NATURAL DISASTERS
30. In the event any cause, which is not due to the fault or
negligence of either Operator or State, renders the Harbor unusable and makes
the performance of this agreement impossible, this agreement may be terminated
by either party upon written notice to the other party. Causes include, but are
not restricted to, acts of God or the public enemy, acts of the United States,
fires, floods, epidemics, quarantine restriction or strikes.
NOTICES
31. Any notice required by this agreement must be hand delivered or
sent by registered or certified mail to the appropriate party at the address set
forth on page one of this agreement or to any other address which the parties
subsequently designate in writing.
INTEGRATION AND MERGER
32. This agreement sets forth all the terms, conditions, and
agreements of the parties and supersedes any previous understandings or
agreements regarding the Harbor whether oral or written. No modification or
amendment of this agreement is effective unless in writing and signed by both
the parries.
NATIONAL EMERGENCY
33. In case of any national emergency declared by the federal
government, one party may not hold the other party Liable for any inability to
perform any part of this agreement as a result of the national emergency.
APPROVAL BY STATE
34. Any approvals required of the State by this agreement will not be
unreasonably withheld or delayed longer than 90 days.
INGRESS, EGRESS, INSPECTION
35. The State reserves the right of ingress to and egress from the
Harbor and the right to enter any part of the Harbor, including all improvements
thereon, for the purpose of inspection at any reasonable time. Inspections will
normally be coordinated with the Operator, and the Operator will be encouraged
to accompany persons performing the inspection.
LOCAL GOVERNMENT STATE OF ALASKA
DOT &PF
SIGNATURE SIGNATURE
TYPED NAME TYPED NAME
TITLE TITLE
DATE DATE
NAME OF FACILITY:
NAME AND LOCATION OF FLOAT:
INSPECTION MADE BY:
DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES
SOUTHEAST REGION
FLOAT INSPECTION AND MAINTENANCE REPORT
REMARKS:
OBSERVATIONS
MAINTENANCE AND BETTERMENT RECOMMENDATIONS
EQUIPMENT
ITEM ESTIMATED COST
ABOR
DATE:
MATERIALS
25M -203
C 3/84
7
SEAPLANE FLOATS
RAMP FLOAT
BOAT HARBORS 1
DOCKS: RAMP: FLOAT:
Connection
Piling
Raili.n•
Hinges
Pilin;,
Steps
Collars
Deckin•
Steps
Collars
Anti -skid
iron Bark
Shoes
Decking
Pili.n.
Skids (Rails)
Hinges
Abutment
Railing
Bull rails
Railing
Rub rail
Stringers
Skid plates
Decking
Anti -slip
Anti -ski
Caps
Structure
Hinges /Pins
Structure
Flotation
Bull rails
Signage
Elec. wiring
Signage
Tiedowns
Grid
Cover
Flotation
Ladders
Stringers"
Cover
Ramps
Anchor chains
Water serv,
Iran bark
Lights
Power Ped.
NAME OF FACILITY:
NAME AND LOCATION OF FLOAT:
INSPECTION MADE BY:
DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES
SOUTHEAST REGION
FLOAT INSPECTION AND MAINTENANCE REPORT
REMARKS:
OBSERVATIONS
MAINTENANCE AND BETTERMENT RECOMMENDATIONS
EQUIPMENT
ITEM ESTIMATED COST
ABOR
DATE:
MATERIALS
25M -203
C 3/84
7
Section
18.28.010
18.28.020
18.28.030
18.23.040
18.28.050
18.28.060
18.28.070
18.28.030
18.28.090
18.23.100
18.23.110
18.28.120
18.28.130
18.28.140
18.28.150
18.28.160
13.28.170
18.28:130
18.28.190,
18.28.200
18.28.210
18 :28.220
18.23.230
18.28.240
18.28.250
18.28.260
18.28.270
18.28.280
18.28.290
18.28.300
18.28.310
18.23.320
18.28.330
13.23.340
18.28.350
18.28.360
18.28.370
18.2.8.380
18;28:390
Definitions
Mooring without registration and payment prohibited
Exclusive moorage
Open mooring
Ferry dock moorage
Multiple boat moorage
Loading docks
Gridirons
Seaplane ramp
Mooring buoys
Dry storage area
Gravel ramp
Charges for facilities and services
Denial of facilities, equipment, or services
Harbozuaster
Authority to board vessels
Safekeeping of vessels
Disclaimer of liability
Operation of vessels
Blinding lights
Vessel restrictions
Securing of auxiliary vessels
Occupancy of vessels
Disposal of waste, litter, and garbage
Storage on floats or docks
Tampering with the facilities
Float bumpers
Use of loading ramp and docks
Accident reports
Fire hazards prohibited
Responsibility for animals
Responsibility for children
Wheeled vehicles prohibited
Regulation of signs
Fishing prohibited
Commercial repair of vessels
Unlawful acts and penalty
State of Alaska lease policy
39o- Impoundment and sale of;_derelicts and.unregi.stered.,vessels
Repeal of former Chapter 18.28. Ordinance Number 653, effective
30, 1982, repealed former Chapter 18.28 and enacted new Chapter 18.28
of the repealed provisions.
Former Chapter 18.28 derived from CCK 6.5.1 to 6.5.32; Ord. 342,
Ord. 397, 1973; Ord. 403A, 1973; Ord. 441, 1975; Ord. 444, 1975; Ord.
Ord. 492, 1977.
CHAPTER 18.28
HARBOR FACILITIES
8 -43
(Kodiak 01/34)
December
in lieu
1970;
482, 1977;
18.28.010
18.28.010 Definitions. As used in this chapter, the following definitions
shall apply:
(a) "Beam" means the greatest overall width of the vessel including
booms, spars, gins, or any fixed protuberances.
(b) "Derelict" means any vessel moored or otherwise located within the
boundaries of the small boat harbors which reasonably appears to have been
forsaken, abandoned, deserted, or cast away or which, in the opinion of the
harbormaster or any recognized marine surveyor is unsound, unseaworthy, and
unfit for its trade or occupation and which reflects substantial evidence of
neglect.
(c) "Exclusive moorage" refers to a signed agreement between the city
and the owner /operator of a vessel for a certain, specific moorage space
within St. Patti Harbor or Dog Bay Harbor duri N:frdch time services provided
by the city of Kodiak through the harbormaster may be needed by the owner/
operator of the vessel.
(d) "Harbor facilities" means all docks, floats, berths, and other
launching, loading, mooring, and repair facilities operated by the city_
(e) "HarboLmaster" means the official hired by the city manager to
serve as harbormaster and any deputy harbormaster, port security officer or
other city employee authorized or designated by the harbormaster or city
manager to enforce the provisions of this chapter.
(f) "Kodiak harbor" means 11 saltunter or tide water lying within the
boundaries of the city.
(g) "Length" means the overall length as measured from the most forward
portion, including booms, spars, gins, or any fixed protuberances, to the
most_ aft portion of the vessel, including booms, spars, gins, or any fixed
protuberances.
(h) "Local boat" means a vessel operating out of the port of Kodiak
whose owners or operators are residents of the Kodiak area:
(i) "Operator" mans the registered master or skipper of a vessel or
any other person who is in actual physical control of a vessel.
(j) "Small boat harbors" means the area of water in the Kodiak harbor
within the boundaries created by breakwaters and by the shoreline of mean
higher high water, together with all harbor facilities located in that area
to include St.. Paul Harbor, Dog Bay Harbor and Trident Basin.
(k) "Te m:moorage" refers to a signed agreement between the city and
the owner /operator of a vessel for an unspecified time during which services
provided by the city of Kodiak through the harbormaster may be needed by the
owner /operator of a vessel.
(1) "Transient" means any boat not registered by an exclusive moorage
agreement or term moorage with the harbotmaster.
(m) "Vessel" means a boat, notorboat, ship, waterborne aircraft, house-
boat, float, scow, raft, piledriver or other floating structure or object
used for recreational, commercial, or other purpose upon the waterway or
moored at any place on the waterway.
(n) "Vessel mooring agreement" refers to either a tern noorage, ex-
clusive moorage, or daily moorage agreement.
(o) "Waterway' means any water, lake, river, tributary, or lagoon
within the boundaries of the city. (0rd. 653 (part), 1982)
18-/Vi (Kodiak 01/84)
1 8.2.3.020 18.28.030
18.28.020 Mooring without registration and payment prohibited. (a) No
person may moor, berth, tie, attach or connect a vessel to any harbor facil-
ity without registering with the harbormaster and paying or executing an
agreement to pay applicable moorage charges.
(b) A person registering a vessel with the harbormaster shall provide
the name, number, type, dimension, description, and uses of the vessel; the
name and address of the registered owner, operator, and agent for the vessel;
the type of registry requested; and such other information as may be re-
quested by the harbormaster.
(1) In the event o£ a change of ownership a change in operator, a new
vessel mooring agreement shall be signed within thirty (30) days after the
change.
(2) Vessels operating in the city's waterways or moored to floats or
dock facilities, either private or public, within the city limits shall
register said vessels with the harbormaster for the safety and public welfare
of the port of Kodiak.
(3) It is unlawful to moor where signs prohibit nuorage at floats,
docks, ramps, or loading zones. It is unlawful to iuor in areas restricted
as exclusive moorage without first obtaining permission from the harbormaster.
(4) Vessels that are registered and moored but fail to pay moorage fees
as required, or that are in violation of any section of this code, may 1;e_
moved or restrained at any time by the harbormaster, with or without notice
to the vessel owner or operator, and the owner or operator shall be charged
the applicable fee for the harbormaster services.
(c) A vessel that is moored but not registered with the harbormaster may
he moved at any time by the harbor with or without notice to the
vessel owner or operator, and the owner or operator shall he charged the
applicable fee for. the harbormaster services. (Ord. 653 (part), 1982)
18.28.030 Exclusive moorage. (a) Float space designated for exclusive
moorage s '1 .e assigned by the harbormaster for the exclusive use of one
vessel per stall or space.
(b) Exclusive moorage may not be assigned or subleased by the ocher or
operator of the vessel entitled to exclusive nvorage.
(c) The owner or operator of a vessel assigned exclusive moorage shall
notify the harbormaster each time the space will be unoccupied. During such
periods when the assigned vessel will not be utilizing exclusive moorage
space, the harbormaster may assign such space for transient moorage. Upon
not less than two hours' notice by the vessel entitled to exclusive moorage;
the harbormaster shall cause the removal of any transient vessel utilizing
the exclusive moorage space. Upon termination of exclusive moorage, written
notice of the effective date shall be given on a form provided by the city to
the harbotuzster.. Sale of a vessel assigned exclusive noorage terminates the
exclusive moorage agreement unless the stall or space renter replaced the
sold vessel with another vessel or demonstrates to the satisfaction of the-
harbormaster that it is the intent to replace the sold vessel within a
reasonable period of time such period not to exceed six (6) months. If.
vessel owner with exclusive moorage loses the vessel by fire, sinking or
natural disaster, he may retain such exclusive moorage for a period of one
18 -45 (Kodiak 01/84)
18 2 8.040 18.28.060
(1) year, without charge, beginning on the next anniversary date of his
vessel mooring agreement. Such stalls shall be assigned for use at the
discretion of the harbormaster during the period of hardship.
(d) The owner or operator of a vessel occupying a nuorage space assigned
by the harbormaster for the exclusive use of another vessel. shall provide
the harbormaster -with a Kodiak address and telephone number where notices
relating to the vessel can be received. Iiu:ediately upon receipt of notice
of termination of the transient occupancy, delivered orally or in writing to
the person designated to receive notices with respect to the vessel, the
owner or operator of the vessel shall cause the removal of the vessel from
the assigned moorage space. If the vessel owner or operator fails to move
the vessel immediately after receipt of notice, or if the harbormaster is
unable to deliver notice within a reasonable tiara, the harbormaster may
move the vessel from the moorage space, and the owner shall be charged the
fee established for that service. (Ord. 653 (part), 1982)
18.2.5.040 Open mooring. (a) Float areas not otherwise occupied or posted
for assigned or restricted use shall be available for open mooring. Ope
mooring area shall be available to all members of the public for transient
or temporary mooring of vessels. No vessel or vessel owner.will have any
exclusive rights to open mooring space and, upon departure, shall have no
right to return to such space if it is occupied by another vessel during the
period of absence.
(b) A vessel mmooring alongside another vessel shall moor adjacent to a
vessel of similar size.
(c) The owner or operator of a vessel or other crecanember having the
necessary capability and qualifications shall move the vessel upon request
by the harbormaster to provide access to open mooring, to permit movement of
any vessel moored in tandem to permit better utilization of open mooring
space or for any similar purpose. The harbormaster may move a vessel for an
enumerated or similar reason, wither without notice to the owner or operator.-
(Ord. 653 (part), 1982)
18.28.050 Ferry dock moorage. (a) Vessels may be moored at the ferry dock
during times when the giber light is not flashing, if they are tended at all
times by a crewmezmber and the vessel is capable of being moved immediately
on notice. Moorage of any vessel prohibited when the amber light is
flashing.
(b) Commercial carriers shall pay applicable tariff rates, as estab-
lished by the city council, for the use of the ferry terminal for loading or
unloading freight. (Ord. 653 (part), 1982)
18.28.060 Multiple boat moorage. (a) Not more than one vessel maybe
moored in a stall at any one time except with the prior consent of the
harbormaster. The harbormaster may permit multiple occupancy of a single
stall or float area if he determines thatmmultiple occupancy would be safe
and would facilitate maximum use of harbor facilities_
18 -46 (Kodiak 01 /84)
(b) Annual charges for moorage shall be due and payable'as follows:
annual exclusive moorage charges may be paid in be equal installments_ The
first installment shall be due on or before July 1st of each year and if
not paid on or before July lst, shall accrue interest at twelve percent (12%)
per year from that date until paid. The second installment shall be due and
payable on or before January 1st of each year and, if not paid on or before
January 1st, shall accrue interest at twelve percent (12 °1) per year from that
date until paid. If the first installment is not paid an or before October
1st or the second installment is not paid on or before April 1st, the ex-
clusive moorage agreement shall be to ufinated, and the harbormaster may
assign the exclusive moorage to another vessel.
(c) Upon registration for exclusive iroorage, the owner or operator of a
sin vessel shall annually deposit a s equal to twenty -five percent (25%) of
the annual exclusive moorage fee as security for payment of fees that will
accrue if the vessel owner or operator fails to register for the next season
and does not advise the harbormaster of term nation of the exclusive moorage
agreement and availability of the space for reassignment- The security
deposit shall be refunded upon notice of terni:ation, received on or before
July 1st, if there are no accrued or delinquent charges for services rendered
to the vessel by the city.
(d) The fees and charges for other facilities, equipment and services
provided or made available within the Kodiak boat harbor that are not re-
quired to be paid in advance shall be paid within thirty (30) days after
billing. Billings that are not paid within thirty (30) clays shall accrue
interest at the rate of twelve percent (127,) per year from the due date.
(e) The owner of a vessel is liable for fees and charges for moorage,
equipment, and services provided by the city pursuant to this chapter,
notwithstanding the fact that the moorage equipment or services were provided
at the request of an operator or other agent. In addition to any suits for
collection against the vessel owner or other available remedies, the city may
assert a lien under admiralty law for fees or charges for moorage, equipment
or services provided or rendered to the vessel that are not paid when due and
may initiate appropriate proceedings for the seizure of the vessel and fore-
closure of the lien.
(f) A copy of the following schedule of fees and charges shall be
posted at the harbormaster's office:
18 -49 (Kodiak 01/84)
SCHEDULE OF FEES AND CHARGES
KODIAK COAL HAREDRS
January 1, 1933
(1) EXCZUSIVE NOJRAGE
Fee per foot of vessel overall length or length of
float, whichever is greater:
Vessels 86 feet and under in length:-
Vessels over 86 feet in
Charge
16.88
per annum
20.25
per annum
In addition to the annual charge, the owner or operator
registering for exclusive moorage shall deposit with the
City a sum equal to 25% of the armual moorage fee as re-
quired by KCC 18.28.130 (c).
(2) OPEN NDORAGE (A MINDIUM PAINaNT OF 72 HRS. REQ n1 IN ADVANCE OF SERVICE)
(A) Daily Moorage (Midnight to Midnight, or portion thereof)
Vessels under 21 feet in length: 7.50
Vessels 2.1 feet or more in length, but less
than 28 feet: 8.75
Vessels 28 feet or more in length, but less
than 35 feet: 10.63
Vessels 35 feet or more in length, but less
than 42 feet: 11.88
Vessels 42 feet or more in length, but less
than 63 feet: 15.00
Vessels 63 feet or more in length, but less
than 84 feet: 18.75
Vessels 84 feet or more in length, but less
than 105 feet: 28.18
Vessels 105 feet or more in length, but less
than 126 feet:. 35.63
18 -50 (Kodiak 01/84)
(A) Daily Moorage (Cont.)
Vessels 126 feet or more
than 147 feet:
Vessels 147 feet or more
than 168 feet:
Vessels 168 feet or more
than 189 feet:
Vessels 189 feet or pore
than 210 feet:
Vessels 210 feet or more in` length:
(B) TeL a Moorage (A rI NNIIMtM PAYMENT OF 6 M)N HS REQ
SERVICE)
The annual moorage rate for open term mnaorage per
foot of overall length of the vessel during the
fiscal year shall be:
in length, but less
in length, but less
in length, but less
in length, but less
Vessels 86 feet and under in length:
Vessels over 86 feet in length:
(3) GRIDIRON (FEES TO BE PAID IN ADVANCE OF SERVICE)
Grid fees shall be for the grid space provided. There
will be no additional charge for water; hotever, addi-
tional charges for electricity shall be as follows:
110 volt: 7.50 per day or portion thereof.
220 volt: $15.50 per day or portion thereof.
(A) First 24 hours or portion thereof:
Vessels less than 24 feet in length:
Vessels 24 feet or more in length, but
than 32 feet:
Vessels 32 feet or more in length, but less
than 45 feet:
055
52.50
78.13
$117.50
.$176.25
$254.38
IN ADVANCE OF
15.63
per annum
18.75
per annum
11.88
23.13
46.88
18 -51 (Kodiak 01/84)
(3) GRIDIRON (Continued)
(A) First 24 hours or portion thereof (Continued)
Vessels 45 feet or more in length, but less
than 60 feet:
Vessels 60 feet or more in length, but less
than 75 feet:
Vessels 75 feet and over:
(B) Charge for period in excess of 24 hours
but not more than 72 hours:
Vessels less than 24 feet in length:
Vessels 24 feet or mare in length, but less
than 32 feet:
Vessels 32 feet or more in length, but less
than 45 feet:
Vessels 45 feet or mare in length, but less
than 60 feet:
Vessels 60 feet or more in length, but less
than 75 feet:
Vessels 75 feet and over:
(C) Daily Charge after the first 72 hours:
Vessels less than 24 feet in length:
Vessels 24 feet or more in length, but less
than 32 feet:
Vessels 32 feet or more in length, but less
than 45 feet:
Vessels 45 feet or more in length, but less
than 60 feet:,
60.63
81.88
$116.88
23.13
46.88
93.75
$116.88
$175.63
$234.38
11.88
23.13
46.88
70.00
Vessels 60 feet or more in length, but less
than 75 feet: $105.63
Vessels 75 feet and over: $140.63
18 -52 (Kodiak 01/84)
(4) FOORII;G BUOYS (FEES TO BE PAID IN ADVANCE)
(Midnight to Midnight, or portion thereof)
Vessels tied or attached to mooring buoy per day or
portion thereof:
Vessels less than 32 feet in length:
Vessels 32 feet or more in length, but less
than 60 feet:
Vessels 60 feet or more in length, but less
than 150 feet:
4.38
10.00
19.38
31.25
$125.00
Vessels 150 feet and over:
Barges 60 feet and over:
(5) DRY STORAGE (Midnight to Midnight, or portion thereof)
(A) Boat Trailers:
First 72 hours or portion thereof: N/C
Storage or parking in excess of 72 hours: 10.00
(B) Crab Pots and Miscellaneous Gear:
Storage for 14 consecutive days or less for crab
pots and miscellaneous gear and equipment: N/C
Storage for period of time in excess of 14 days:
Crab pots in groups of not more than 10: 10.00
Crab pots in groups of more than 10, but
less than 30: 19.33
Grab pots in groups of 30 or mare: 29.33
Miscellaneous gear and equipment: 3.75
(C) Impound Storage Fees:
The fee for storage of property impounded by the Harbor-
master shall be equal to one and one -half (11) times the
daily storage fees as set forth in subparagraph (B) above.
18 -53 (Kodiak 01/84)
(6) LOADING LOCKS (FEES REQUIRED IN ADVANCE OF SERVICE)
(Midnight to Midnight, or portion thereof)
Vessels registered for dock use and paying exclusive or
term uoorage fees for a period not to exceed 72 hours for
loading and unloading operation:
Vessels moored at loading docks for more than 72 hours
shall pay a fee for use of the loading dock for repair
and maintenance of the vessel which shall be equal to
the daily moorage fee for a vessel of that length.
(7) GRAVEL RAMPS (FEES REQUIRE) IN ADVANCE OF SLRVICE)
(Midnight to Midnight, or portioa thereof)
Utilization. fees for a gravel ramp or rams for loading,
unloading or other customary uses for a period of 2.4 hours
or portion thereof is as folio
Vessels less than 65 feet in length:
Vessels over 65 feet of any length:
Barges 60 feet and over:
(8) HARBOPuTAS'1'ER SERVICES, FACTT,ITIES, AND EQUIPMENT
(FEES REQUIRED IN ADVANCE OF SERVICE)
(Mi.dnight to Midnight, or portion thereof)
Electric pump rental (per day or portion thereof):
Gas pump rental (per day or portion thereof):
Harbor boat trailer (rental per hour or portion
thereof):
Harbor skiff (rental per hour or portion thereof-
staff operation only):
N/C
29.38
58.75
$195.00
19.38
29.38
19.38
Other services as required (charge per hour or portion
thereof for each city employee required): 31.00
Employment of labor, other than city employees,
materials or equipment to- perfoLul eny required
services:
Battery charger rental (per day or portion thereof): 9.98
Twenty -two foot harbor vessel (rental per hour or
portion thereof -staff operation only): 31.25
18.75
Actual Cost
18 54 (Kodiak 01/84)
(9) SEA PLANE RAMPS (FEES TO BE PAID IN ADVANCE OF SERVICE)
(A) Exclusive Moorage
(B) Open Moorage
Daily (Midnight to Midnight, or portion thereof):
Team (A MINIMUM PA NT OF 6 TEMPS REQ 'Oft IN
ADVANCE OF SERVICE):
110 volt:
208 volt three phase:
Established accounts with Kodiak Electric
require no advance deposit.
(Ord. 653 (part), 1982)
$421.88
per annum
7.50
$390.63
per a. um
(10) ELECTRIC ENERGY RATE FOR DUCKS AND NLOATS (FEES TO BE -PAID IN ADVANCE)
([Midnight to Midnight, or portion thereof
110 volt (per day or portion thereof): 7.50
208 volt three phase (per day or portion
thereof) 15.50
Deposit fees for electric energy use shall
be paid in advance before services are
rendered as follows:
$2.25.00
$465.30
18 -55 (Kodiak 01(84)
18 28 .140 18.28.750
18.28.140 Denial of facilities, equipment or services. (a) The harbor-
master may, at his discretion, when moorage facilities are crowded, refuse
mooring facilities to houseboats, floats, scows, rafts, piledrivers, and
other cumbersome floating structures.
(b) The harbormaster may, in his discretion, refuse moorage to any
vessel which is or may become or create a fire hazard or otherwise become
a menace to the safety or welfare of other boats or their occupants.
(c) As a condition to permitting a vessel access to mooring facili-
ties, the harbormaster may, in his discretion, require satisfactory evi-
dence of seaworthiness of the vessel or evidence of adequate :insurance
coverage.
(d) The harbormaster may refuse moorage facilities or other ser-
vices or equipment to any person or vessel in violation of the provisions
of this chapter or delinquent in the payment of any authorized fee or
charge.
(e) An owner or operator of a vessel may not fail or refuse to
remove the vessel from the small boat harbors and any harbor facilities
in the Kodiak harbor and may not cause or permit the vessel to be Roared,
tied, affixed, or located adjacent to any harbor facilities in the Kodiak
harbor after the harbormaster has notified the owner or operator of the
vessel that moorage or mooring facilities are refused, terminated or
withdrawn.
(1) Notice of refusal, withdrawal or termination of facilities or
other services or equipment to a vessel that is not registered may be
given verbally by the harbormaster and shall be effective immediately.
(2) Notice of refusal, withdrawal or termination of moorage facili-
ties-to a registered vessel may be given by the harbormaster verbally
or in writing. Verbal notice relating to services and equipment shall
be effective immediately. Verbal notice or written notice personally
delivered to the owner or operator relating to the refusal, withdrawal
or termination of mooring facilities shall be effective twenty-four (24)
hours after the time of delivery unless a later effective date is specified
in writing.
(3) Written notice of refusal, withdrawal or termination of mooring
facilities for a registered vessel may be mailed to the address designated
on the registration information or may be posted in a conspicuous place
on the vessel. A written notice that is posted or mailed shall be effective
at four -thirty p.m. on the fifth day following posting or mailing of such
notice. (Ord. 653 (part), 1982)
18.28.150 }Ltirbouuaster. (a) The harbormaster, under the direction of the
city manager, shall supervise and manage all harbor facilities operated
by the city. The harbormaster shall be hired, paid, removed, and suc-
ceeded in office as other department heads of the city.
(b) The harbormaster shall enforce the provisions of this chapter
and shall be vested with all powers of a peace officer of the city necessary
to such enforcement duties.
(c) The harbormaster shall classify areas within the harbor for
various uses, shall mark mooring spaces to be assigned, and shall post
18 -56 (Kodiak 01/34)
1 18.28.180
such signs, numbers, markings or other informational devices as will
notify and inform interested parties of authorized and prohibited uses
of the Kodiak harbor facilities. The harbormaster may post informational
signs specifying areas where designated conduct is prohibited; but posting of
signs shall not be necessary to the enforcement of any provision of this
chapter, unless otherwise required in this chapter.
(d) The harbormaster shall allocate and assign all, mooring spaces.
(Ord. 653 (part), 1982)
18.28.160 Authority to board vessels. The utilization of any city owned or
city operated mooring facility or waterway within the city limits shall be
deemed as a grant of authority to the harboLtikaster and other appropriate
municipal officials to board the vessel for the purpose of enforcing munici-
pal ordinances and to move the vessel if it is moored in violation of a
provision of this chapter or if required by an emergency or other conditions
as set forth in this chapter. (Ord. 653 (part), 1982)
18.28.170 Safekeeping of vessels. (a) The owner or operator of a vessel
shall use all reasonable efforts and caution to keep the "vessel in his charge
securely moored with lines in a reasonably fit condition, sufficiently pumped
at all tines to keep the boat afloat and to otherwise attend the needs of the
vessel to avoid any necessity for services or equipment from the harbormaster.
(b) If the harbormaster determines that a vessel must be resecnred,
pumped, moved or otherwise attended to protect the vessel or other adjacent
vessels or property from existing hazards, he shall give or attempt to give
written or verbal notice to the vessel owner or operator, at the registered
address, of the need for services to the vessel.
(c) If a vessel occner or operator fails, within a reasonable period of
time after receipt of notice, to provide services needed for the protectiu
of his vessel or other vessels or property, or if the harbormaster is unable
within a reasonable period of time to notify the owner or operator, the
harbormaster may replace defective mooring lines, attach additional mooring
lines, pump vessels that are listing or sinking, Rove any vessel for the
purpose of protecting that vessel from fire or other hazard or for the pro-
tection of other vessels or property, or render such other services as the
harbormaster determines in the exercise of his discretion may be needed.
(d) A fee, based upon a schedule of rates and charges adopted by the
council, shall be charged to the vessel owner or operator for each service
t he harbormaster-performs or causes to be performed for the protection of a
vessel or adjacent property. (Ord. 653 (part), 1982)
18.28.180 Disclaimer of. liabil_r.y The authority granted to the harbor-
master shall not create an obligation or duty requiring the harbormaster to
take any action to protect or preserve any vessel or property located within
the Kodiak harbor or utilizing harbor facilities. The city assumes no lia-
bility for loss or damage to vessels, equipment, appurtenances, tackle,
provisions, mooring lines, gear, supplies or any other article attached or
18 -57 (Kodiak 01/84)
18.28.190
relating to a vessel, whether maintained or affixed to a vessel or separately
stored at boat harbor facilities. (Ord. 653 (part), 1982)
18.28.190 Operation of vessels. (a) No person may operate a vessel in the
waterway in a reckless manner by creating a substantial and unjustifiable
risk of harm to a person or property. A "substantial and unjustifiable risk
is a risk of such a nature and degree that the conscious disregard of it or a
failure to perceive it constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation.
(b) No person may operate a vessel in the waterway in a negligent
manner so as to create an unjustifiable risk of hauu which endangers a
person or property: An unjustifiable risk is a risk of such a nature and
degree that a failure to avoid it constitutes a deviation from the standard
of conduct that a reasonable person could observe in the situation. The
offense of negligent operation of a vessel is included in the offense of
reckless operation of a vessel and a person charged with reckless operation
nay be convicted of negligent operation of a vessel.
(c) No person may operate a vessel in any waterway while under the
influence of an intoxicating •liquor, narcotic drug or hallucinogenic drug.
(d) An operator of a vessel may not, within the waterway, use any
siren, whistle, haul or other noise producing or noise amplifying device on
the vessel in such a manner that the peace and privacy of other persons in
the Kodiak harbor or adjacent areas is disturbed. This section shall not be
construed to prohibit the use of whistles, bells or horns as emergency sig-
nals.or when required by federal statutes or regulations relating the
navigation of vessels.
(e) No person may operate a vessel at a speed in excess of that posted
by the harbormaster, nor may a person operate a vessel within any waterway at
a speed which produces awake: wash or wave action Which may or could reason-
ably be expected to damage any other boat or harbor facility or create dis-
comfort to an occupant by causing such other boat to yaw, pitch, shear or
heave because of such wake, wash or wave. There is a five (5) mile per hour
speed limit zone in the channel.and a three (3) mile per hour speed limit
zone in the small boat harbors.
(f) No person may. anchor a vessel in any open area within the confines
of the small boat harbors without first obtaining permission from the harbor-
master..
(g) Vessels are prohibited from anchoring within the inner anchorage
area (a line starting from the end of the Kodiak boat harbor west light to a
point at position 57 46'56 "N, 152 25'09 "W, thence to the Union Oil Company
pier at position 57 46'05 "N, 152 25'18'W) due to possible fouling and damage
to waste water discharges from the canneries in that vicinity (St. Paul
harbor anchor zone).
(h) A. vessel underway, upon being hailed by the harbormaster vessel or
patrol boat, is required to stop immediately and lay to, or maneuver in such
a way as to permit the harbormaster to board or deliver a verbal message.
(Ord. 653 (part), 1982)
18 -58 (Kodiak 01/84)
18.28.200 18.28.240
18.2.8.200 Blinding lights. (a) No person may operate a vessel searchlight or
other bright light in a manner that will temporarily blind or interfere with
the vision of the operator of any other vessel in the harbor.
(b) No person may operate a searchlight or other blinding light of a
vessel not underway in the Kodiak harbor, except in an emergency.
(c) No person may operate a searchlight or other high intensity light on
a vessel in such a manner that the safety and privacy of other persons in
the immediate harbor area is disturbed. (Ord. 653 (part), 1982)
18.28.210 Vessel restrictions. (a) No person may operate a vessel in the
small boat harbors which has an overall length, beam or draft in excess of
that which may be safely operated within the harbor under tidal and other
conditions present: A person who operates within the small boat harbors a
vessel which exceeds or may exceed the limits for safe operations shall clo
so at his own risk.
(b) No person may operate a vessel within the waterway which does not
meet all applicable requirements of the United States coast Guard.
(c) No person may operate a vessel with an outboard or inboard motor
that is not equipped with an adequate exhaust muffler.. (Ord. 652 (part),
1982)
18.28.220 Securing of auxiliary vessels. No person may tie or attach a
skiff, scow, raft or any other auxiliary craft alongside, astern or ahead of
a vessel moored within the a. small boat harbors if such auxi.li.ary craft: t
obstruct or interfere with the nocual movement of any vessel or be likely to
cause rubbing or chafing damage to any other vessel. (Ord: 653 (part), 1982)
18.28.230 Occupancy of vessels. (a) No person may use. or occupy a vessel
moored at boat harbor facilities as a place of residence, nor may a person
rent or lease such a vessel as a place of residence, utilize it as a rcam-
inghouse or permit it to be occupied for any period of more than five days
by any person other than the normal crew for the vessel.
(b) A vessel which is not in regular use for the purposes for which it
is normally operated and which has remained moored to boat: harbor facilities
continuously for a period of ninety days or more may not be occupied, except
that one person may occupy the vessel if serving in the capacity of a care-
taker. (Ord. 653 (part), 1982)
18.28.240 Disposal of waste, litter and garba (a) No person may dump or
deposit any waste, litter, garbage, refuse, debris, or petroleum product
into the waterways or onto any dock, float, or other harbor facility not
designated and designed for the disposal of trash.
(b) A person in charge of or occupying a vessel shall at all times keep
the floats and premises adjacent to such vessel in a neat and orderly con-
dition, free from trash, refuse, garbage, and debris of any kind..
(c) All garbage, trash, refuse, and waste to be disposed of within the
18 -59 (Kodiak 01184)
1 8.28.250 18.28.280
small boat harbors shall be deposited in garbage containers located near the
loading dock, except as otherwise provided in this 'chapter.
(d) Waste oil shall be deposited in containers designated. for the
disposal of waste oil and shall not be deposited in any other garbage or
trash container.
(e) No person may pump any bilge containing oil or gasoline residue
within the Kodiak harbor. (Ord. 653 (part), 1982)
18.28.250 Storage on floats or docks. (a) All floats, docks, rams, and
approaches shall be maintained free and clear of any objects or items that
are not appurtenances or fixtures to the floats, docks, ramps, and approaches:
(b) No person may store or place upon any float, dock, ramp, or approach
any repair parts, machinery, equipment or gear, except in conjunction with
the loading or unloading of a vessel or at work areas designated by the
harbormaster.
(c) Property of any sort found upon a float, dock, ramp, or approach may
be impounded by the harbormaster if he is unable to obtain the immediate
removal of such property. Impounded items will be released upon proof of
ownership and payment of any impounding or storage fees established -by this
chapter.
(d) The harbormaster shall give written notice of the impoundment to the
owner of the property if the owner is known, and shall maintain a list in the
harbormaster's office of all property impounded and the date of iztpounc .ent.
Property that is not claimed within sixty days shall be forfeited to the city
and may be sold pursuant to procedures regulating the disposition of other
bity property. (Ord. 653 (part), 1982)
18.28.260 Tanperin with the facilities. (a) No person may tap, connect,
disconnect or interfere with any water outlet, wateLpi.pe, water connection,
telephone equipment, electrical outlet or electrical device maintained or
operated by the city in the Kodiak harbors without first obtaining the per-
mission of the harbormaster.
(b) No person may remove, alter, damage, or interfere with any wharf,
float, gangplank, ramp, or any other boat harbor facility operated by the
city. (Ord. 653 (part) 1982)
18.28.270 Float bumpers. No person may utilize in the small boat harbors
float bumpers that are attached, permanently or temporarily, to the float
facilities made from used tires, old fire hose, or similar materials. The
owner or operator of a vessel assigned reserved moorage space may install
standardized premolded rubber or vinyl bumpers of commercial manufacture as
approved by the harbormaster. (Ord. 653 (part), 1982)
18.28.280 Use of loading ramp and docks. (a) No person may utilize skids
for the purpose of hauling out any boat. Boats may be hauled out only on
the boat harbor loading ramp and only by using a trailer or other wheeled
18 -60 (Kodiak 01/84)
18 2 .8.290 18.28.310
conveyance.
(b) No person engaged in business as a common or private carrier by
water-may load -or unload freight at any small boat harbor. dock. (Ord. 653
(part), 1982)
18.28.290 Accident reports. The operator of any vessel involved in an
accident within the Kocliak harbors resulting in the death or injury of any
person or damage to property in excess of one hundred dollars shall immedi-
ately give oral notice of the accident to the harbormaster or, if he is
unavailable to receive the notice, to the Kodiak police department. In
addition, the operator shall, within twenty -four hours after the accident,
file a written report with the harbormaster containing the name of the
vessel, the name of the vessel master, a full description of the accident, a
description of the resulting injuries or &rage, a description of possible
causes or contributing factors, and such other information as the harbor-
master may require. (Ord. 653 (part), 1982)
18.28.300 Fire hazards prohibited. (a) No person may leave a fire or
dame unattended aboard a vessel within the Kodiak harbor. A fire or
flame is unattended unless the owner, operator, or other person over the
age of eighteen years who has demonstrated capability for moving the
vessel is aboard or within one hundred yards of the vessel.
(b) No person may store, deposit; or leave on any float, dock, or
other harbor facility any gasoline, lubricating oil or other combustible
liquid of any nature or description, except for temporary purposes in
conjunction with the loading or unloading of a vessel.
(c) A person using a torch or other flame- producing device in or upon
any vessel, dock, float, or other boat harbor facility shall provide and
have immediately available for use an approved fire extinguisher or hose
connected to a water supply system adequate for suppressing any fires that
may result from the use of the flame producing device.
(d) No person may use a torch or other flame- producing device on or
about the ferry dock teuilnal.
(e) No person may smoke on the ferrry dock or on any other boat
harbor facility designated by appropriate signs as a no- smoking area. (Ord.
653 (part) 1982)
18.28.310 Responsibility for animals. (a) A person owning or in charge
of any anirnca n the Kodiak har r shall keep that animal restrained
on a leash not more than five feet in length.
(b) The owner or person in charge of any animal shall responsible
for removing and disposing of'any feces deposited by the animal on any
small boat harbor facility.
(c) The owner or person in charge of any animal shall keep the animal
from any loud barking and howling. The animal will be securely leashed
and all feces deposited on deck shall be removed in a manner so as to not
prevent or hinder persons from crossing a vessel's deck to board their own
18 -61 (Kodiak 01/84)
1 18.28.370
vessel, or otherwise disturb the peace and good order of the harbor. (Ord.
653 (part), 1982)
18.28.320 Responsibility for children. No parent or other adult person
responsible for the care or custody of any child under the age of twelve
years may permit that child to be on or near any dock or float within the
city harbor, unless accompanied by an adult. (Ord. 653 (part), 1982)
18.28.330 Wheeled vehicles prohibited. No person may drive any bicycle
or any motorizedtkee ed or tracked equipment upon any float facility
'without first obtaining the consent of the harbormaster. (Ord. 653 (part),
1982)
18.28.340 Regulation of signs. (a) No person may write or post any
written or printed matter in any place within the Kodiak harbor except
upon bulletin boards constructed for that purpose and only after obtaining
permission by the harbormaster.
(b) Signs identifying businesses or products may be erected within
the Kodiak harbor upon approval of the council. (Ord. 653 (part), 1982)
18.28.350 Fishes prohibited. No person may fish frdm any dock, float,
rasp, or any mooring facility operated by the city, nor may any person fish
Within the waterway in a manner which may interfere with movement of other
vessels. (Ord. 653 (part), 1982)
18.28.360 Commercial repair of vessels. No person may engage in the
commercial repair of any vessel within the small boat harbor without first
notifying the harbormaster of the vessel to be repaired, the nature of the
repairs, and the type of equipment to be utilized in the repairs. The
harbormaster may require evidence of insurace or the execution of a hold
hacuiless agreement as a condition to permitting commercial repair in the
boat harbor, if he determines that the repairs to be performed may create a
risk of damage or destruction to other vessels or property, or injury to
.persons in the boat harbor. (Ord, 653 (part), 1982)
18.28.370 'Unlawful and penalty. (a) It shall be unlawful for a
person using the boat harbor facilities to:
(1) Operate or to be in Actual physical control of any boat when under
the influence of intoxicating liquor or drugs;
(2) Operate or cause to be operated any boat within the boat harbor
facilities that exceeds the speed limit or causes a wake or wave action
which will damage, endanger or be to endanger any other boat or any
of the boat harbor facilities, including but not limited to floats, finger
floats, any other boat or occupant thereof;
18 -62 (Kodiak 01/84)
15. 18.28.380
(3) Throw or otherwise cause to be deposited gasoline, oil, litter,
trash, garbage or refuse on any float or into the waters of the boat harbor
facilities;
(4) Allow or permit dogs or animals to run at large on any boat harbor
facilities or to become a nuisance therein;
(5) Create or maintain any nuisance within the boat harbor facilities,
or to conduct or carry on any unlawful acts, business or occupation therein;
(6) Erect, place, post, or maintain any advertising matter, a sign, or
other printed matter, other than legal notices, on any part. of the boat
harbor facilities without approval thereof first being obtained from the
harbormaster: All unauthorized advertising and signs shall be removed by
the harbormaster;
(7) Write or post any written or printed matter or sign upon any
bulletin board constructed or maintained by the city in the boat harbor
facilities without first having obtained permission of the harbormaster;
(8) Deposit, place, or leave any cargo, merchandise, supplies, freight,
articles, or thing upon any float, ramp, decline, wall:, or other public
place in the boat harbor facilities, excepting at such place or places as
may be designated as loading areas by the harbormaster;
(9) Fail to register with the harbormaster any boat occupying any of the
boat harbor facilities;
(10) Tap, connect, •disconnect, interfere with, or tamper with any electri-
cal wiring, electrical outlet, or electrical device of any kind installed or
maintained in the boat harbor facilities by the city without first having
obtained the permission of the harbormaster; or to interfere with or tamper
with any wharf, float, gangplank, ramp, associated water system or any other
of -the boat harbor facilities;
(11) Tie up, enter or otherwise use an open or a reserved mooring space
except as provided for in this chapter;
(12) Disregard, deface, remove, tamper with or damage any sign or notice
posted or erected by the harbormaster or by direction of the city engineer
relating to the use of the boat harbor facilities;
(13) Refuse to comply with any lawful order of the harbormaster; or
(14) Violate any provision of this chapter.
(b) .Any person violating any provisions or failing to comply with any of
the mandatory requirements of this chapter is guilty of.a misdemeanor, and
upon conviction is punishable by a fine of not mare than three hundred
dollars ($300). Each such person is guilty of a separate offense for each
and every day or any portion thereof during which any violation of this
chapter is committed, continued or permitted by such person, and he shall be
punished accordingly.
(c) Any person violating any provisions or failing to comply with any of
the mandatory requirements of this chapter may be denied the use of the
harbor facilities, equipment or services. (0rd. 653 (part), 1982)
18.28.380 State of Alaska lease poI4 y. It is the intent of the city of
Kodiak to operate the Kodiak small boat harbors in conformance with the
conditions of the lease between the city of Kodiak and the state of Alaska
and the operation policies promulgated by the state of Alaska. (Ord. 653
(part), 1982)
18 -63 (Kodiak 01/84)
18.28.390
18.28.390 Impoundment and sale of derelicts and unregistered vessels, a
r
T e a o:m aster may impound, haul out and sell at public auction any vessel
determined by the harbormaster to be a derelict or any vessel which has been
restrained pursuant to section 18.28.020(4) for more than 15 days without
being redeemed by the owner or operator.
(b) A vessel which has been impounded pursuant to this section may be
sold at public auction upon the expiration of 90 days from the date of
impoundment unless the Owner or his agent pays all accrued moorage, storage,
impoundment and other fees and takes possession of the vessel within the 90
days. Notice of the sale shall be given to the owner of the vessel, if
known, by giving actual notice of the time and place of the sale not less
than 30 days prior to the day of sale, or, if the owner be not known or
after reasonable diligence the owner's whereabouts cannot be ascertained, by
posting a written notice of the time and place of sale on the vessel itself
and in three public places within five miles of the place where the sale is
to be held not less than 30 days prior to the day of sale and by publishing
the notice of sale in a newspaper of general circulation not less than three
times prior to the day of sale.
(c) Failure of an owner to reclaim an impounded vessel prior to sale
shall constitute an abandonment of his interest in the vessel, and the pur-
chaser at public auction shall take title to the vessel free and clear.of
the owner's interest therein but subject to any liens or encun held
by parties other than the owner.
(d) Sale of a vessel by the city pursuant to its impo•Lnci'ment authority
does not include any warranty as to the title or otherwise.
°(e) The proceeds of the sale of any impounded vessel shall be applied
first to any fees or charges owed to the city on account of the vessel, in-
cluding reinb>>rsement for all costs of impoundment and sale and any part of
the proceeds remaining thereafter shall be made available to the owner of
the vessel if claimed within 30 days from the date of sale and if not so
claimed shall became the property of the city. (Ord. 653 (part), 1982)
18 -64 (Kodiak 01/84)
nEPAU a ';:V3' NATURAL RENOUNCES
April 1984
Dear River Enthusiast:
June has been dedicated as American Rivers Month nationwide. The Division of
Parks and Outdoor Recreation has taken the lead in coordinating American
Rivers `??nth activities for Alaska. We are working on a calendar of events
and encourage your organization or agency to actively participate in focusing
on American Rivers Month. We will be producing a series of news releases and
public service announcements and if you would like to supplement those with
your own special river programs with a tie -in to American Rivers Month we
would encourage you to do so. Enclosed is a tentative calendar of events
sche:uled for Alaska. If you have a particular event, exhibit, or dedication
that you would like to promote in association with American Rivers Month
during the month of June then please let me know, so I can get it on the
maste list of events for our media coverage.
Your participatian in American Rivers Month and bringing a stronger focus on
the role that rivers play in our live..s will be a positive benefit to all of
us.
Sincerely,
Neil C. Joh,nnsen
Director
enclosu.es
JW:clk
DIVISION OF PARKS AND OUTDOOR RECREATION
/John Wiles
American Rivers Month Coordinator for Alaska
ALASKA STATE PARKS
Let's Put Thom on the Map!
iLL SHEFF /:=_E,
225A CORDOVA sFSt
ANCHORAGE, AI
PHONE: DOOR ,276 2653
WE WANT YOU TO PARTICIPATE IN "AMERICAN RIVEF4 M0N
Lail et dily vo var urS m if
Shanaman, ODNR)
Has your Congressman ever seen your fa-
vorite river? How often does your local
newspaper run stories, pictures or editorials
about that stream? Do your friends and
neighbors —or many other people —use and
appreciate it? And do they know what, if
anything, threatens it?
American Rivers Month '84 is the time to
join river lovers all across the country in
celebrating their local rivers and in increas-
ing the awareness of public officials and the
media of threats to rivers. The theme of
American Rivers Month this June is "Our
rivers source of re- creation." Events on
rivers races, fishing contests, historic re-
enactments, festivals, and more —will be
held in all 50 states.
A sample of American Rivers Month activities from last year.
A costumed group of "fur traders" traced an historic water route across Ohio by
canoe;
The Yampa River Festival iri Colorado brought boaters from ail over the state for
races, films, and a rally;
Save Our Saluda held a clean -up day on that river in South Carolina;
The Susquehanna River Celebration in Harrisburg, Pa., attracted over Sceopeople
to the riverside to participate in treasure hunts, floats, displays, and educational ac-
tivities;
Governors in Iowa, Oregon and 22 other states issued formal proclamations during
the month declaring June "Rivers Month
ARCC took congressional staff members through Mather Gorge of the Potomac
River, a remote whitewater stretch just miles from Washii:gton, D.C.;
Campbell Creek, in Anchorage, was the site of the Campbell Creek Classic race;
The Maryland Department of Natural Resources sponsored astatewide river photo
contest.
FOR MORE INFORMATION AND LISTING OF EVENTS CONTACT YOUR STATE COORDINATOR:
National Coordinator;
American Rivers Conservation Council
323 Pennsylvania Ave., S.E.
Washington, D.C. 20003
(202) 547-6900
1
t(-C)nto 1- hslur!
cal Cann e a' tare, Jwte 1983. (Photo by Bob
American Rivers Month is your opportu-
nity to build support for your river. Through
a coordinator to be named in your state,
ARCC will provide 2 sizes of posters, calen-
dars, an d the support to help advertise your
river event. ARCC will focus media and
Congressional attention on the nationwide
importance of our free flowing rivers
throughout American Rivers Month.
Now is the time to start planning your
river event for June. ARCC will have a coor-
dinator for your state, whom you can con-
tact, lined up by February. Be sure that you
list your event with ARCC so it appears in
our calendar of events.
Join us! Start punning now, and take a
step toward saving yc ar strewn!
June 1
Month long
Jane 9
June 9 -16
June 1G -17
Month long
Month long
June 3 -7
June 7
June 9
June 9
June 17
June 17 -22
June 21
June 23
June 27
AMERICAN RIVERS PION9ll
Alp uka Calendar of Events
Proc amatton by Governor Sheffield and Dedications
Sou rheas
Traveling Film Series Photo Exhibit
Mendenhall River Discovery Day Juneau
Alaska Museum Exhibit Juneau
Chilkoot River Cleanup Gaines
Southcentral
Iraveling Film Series Photo Exhibit
National Park Service Interagency Visitor Center Exhibits
Films Alaska's Wild Scenic Rivers Anchorage
National Recreation Parks Association Pacific
Northwest Regional Conference Anchorage
Knik, Kanoers Kayakers Boating Techniques Safety,
River Racing, Gutiugs and Expeditions
Buskin River Cleanup Kodiak
Campbell Creek Classic Cleanup Anchorage
Dedication of Anchorage Urban Fisheries Program and Creek
Protection Ordinance
Friends of the Creek Week Anchorage
Focus on the Kenai River Soidotna
Eagle River Cleanup Anchorage
Upper Cook Inlet Project Access
1'.nterior
Month long Traveling Film Series Photo Exhibit
June 9 Chena River Cleanup Fairbanks
.Lune 11 -16 Alaska's Cultural River Heritage Exhibit Fairbanks
PNWA
Pacific Northwest Waterways Association
MEMORANDUM
To: The PNWA Membership
From: LOGAN LANHAM, President
Dear Fellow Member:
P.O. Box 61473 Vancouver, WA 98666 (206) 699-4666
May 4, 1984
On May 1, 1984 Mr. Stephen R. Lindstrom, PNWA
Executive Vice President, tendered his resignation
to become effective immediately. A copy cif his
letter of resignation is enclosed.
The PNWA Executive Committee and Board Members have
appreciated Mr. Lindstrom's work for obtaining many
of the PNWA goals and objectives, and we wish him
well in his future endeavors.
The PNWA Executive Committee will begin immediately
to find a replacement for Mr. Lindstrom, and resumes
are being accepted at PNWA headquarters until May 18.
Meanwhile, Virginia Barris will be acting in the
capacity and duties of the Executive Vice President
until a replacement is found. If you know of any
possible candidates, urge them to forward their resumes.
1 will be looking forward to seeing you at the June
Meeting in Newport. Many organizational changes will
be discussed: 1f you have any comments or questions,
please send them to the Vancouver office.
L /vjh
9n closure
Si! cerely,
te /J� {/8 t
PNWA
Pacific Northwest Waterways Association
Mr. Logan Lanham
Senior Vice President
Idaho Power Company
P. 0. Box 70
Boise, Idaho 83707
Dear Logan:
I am writing to resign my position as PNWA Executive
Vice President. The effective date of this action
is May 1, 1984.
I am convinced the past four and one -half years have
produced substantial progress in pursuit and attain-
ment of PNWA's goals and objectives, despite some
tough sledding. I have thoroughly enjoyed working
with you, the other leaders, and the membership of
PNWA in our common efforts and offer my best wishes
to you and PNWA for a successful future.
It has been my pleasure to serve you. Best personal
regards.
SRL /vjh
P.O. Box 61473- Vancouver, WA 96666 (206) 699 -4666
Sincerely,
May 1, 1984
STEPHEN R. LINDSTROM
Executive Vice President
Pacific Northwest Waterways Association
MARCH 1984
MISSION REPORT
A weary, but satisfed band of 45 PNWA
members returned home from Washington, DC
earlier this month, after having parti-
cipated in the 1984 "MISSION TO WASHING-
TON, D.C. After four hectic days
crammed full of meetings with 55 Admini-
stration officials, members of Congress,
Congressional Staff, and other interested
and interesting people on the Washington
Scene, the Mission group returned with a
broader and deeper understanding of the
status of PNWA Items of Urgency and the
prospects for their implementation.
Most prominently discussed among the PNWA
Items of Urgency was the theme of Trade
Development. The group was greatly en-
couraged by reorganization efforts at the
Department of Commerce, but have since
learned that Asst. Secretary Rick Mc El-
heny will be leaving Commerce after having
made his mark. Interests in Trade Devel-
opment generally have found tough sledding
in getting permissive legislation passed
and regulatory constraints loosened in
order to better move goods and services to
the export markets.
Considerable discussion focused on perma-
nent relief from the effects of the erup-
tion of Mt. St. Helens. The PNWA group
found a very positive attitude among the
Congress and the Administration regarding
the authorization and financing of the
permanent structures needed to guarantee
the livability of the communities in the
Cowlitz and Toutle River System, as well as
providing for permanent protection of
floodways and navigation channels in the
affected areas.
P.O. Box 61473 Vancouver, WA 98666
(206) 699 -4666
Strong support was indicated for the
proposed new lock at Bonneville Darn.
However, the authorization of that
project still appears to be tied to
proposals for additional waterway user
taxes. Strong support was also found
to exist for SB -1132, which would set
a cap on falling water charges; the
Yakima River Enhancement Project; and
a number of Corps of Engineer issues.
A number of the meetings produced the
opinion that legislation to establish
a national scenic area in the Columbia
River Gorge would probably not move
during 1984. In addition to these
major issues, the PNWA group talked
about and around some 20 additional
items of concern during their stay in
Washington.
Even four inches of snow the night of
the PNWA Reception on Capitol Hill
did not dampen the high spirits and
positive attitudes of the 1984
"MISSION TO WASHINGTON, DC
PORTS ACTIVITIES
The PORT OF ANACORTES and representa-
tives of Texaco have worked out a
contract for the Port to handle
Texaco's production of green petrol-
eum coke from its Anacortes refinery.
The agreement follows approval by the
local Planning Commission of the Port's
development permit for improvements to
its Pier II. Upon completion of the
improvements the Port expects to see
Texaco move some 300 thousand tons of
pet coke per year through the facility.
The PORT OF VANCOUVER has released its
financial summary for 1983, noting
PORTS ACTIVITIES Continued
total operating revenues amount to $11.2
million, up 43.5 percent over 1982, with
net operating income up to $3.7 million,
a 162 percent increase. The total number
of ships calling at Vancouver during 1983
was 356 compared to 277 the previous year.
Import tonnage totaled 740 thousand tons,
while exports increased to 3.3 million tons.
On March 18th the tanker MOBIL OIL went
aground in the Columbia River near St.
Helens, Oregon, resulting in an oil spill
of nearly 200 thousand gallons. The spill
partially contaminated the Columbia River
for some 90 miles and has spread to some
adjacent ocean beaches. The tanker has been
retrieved and hauled to Portland for survey
and repairs while cleanup continues of
shorelines and waterfowl which were con-
taminated by the spill. The grounding was
caused by a steering mechanism malfunction
caused by the absence of a cotter pin in
the steering mechanism.
PORT OF PORT ANGELES officials have been
asked by San Juan Airlines to modify the
facilities the Port provides the Airlines
in order to accommodate the Airlines' new
aircraft and increased passenger activity.
San Juan Airlines has seen substantial
success in its operation from Port Angeles
and is in the process of receiving three
new aircraft for regular passenger service.
The Corps of Engineers reports that barge
traffic on the Columbia River System be-
tween the Portland /Vancouver harbor area
and Lewiston, Idaho declined 4.3 percent
during 1983, with a drop in tonnage to just
over 8 million tons. Lingering impacts of
the recession and a flat export market for
grain were pegged as the two major causes
of the drop in tonnage.
PSS GETS GREENLIGHT
The Nuclear Regulatory Commission has given
approval to the Washington Public Power
Supply System to bring its 1100 megawatt
Plant No. 2 to full power. That is expec-
ted to occur by July. Meanwhile, WPPSS'
staff continues to discuss a name for the
Plant with Columbia, White Bluff and Chief
Joseph prominent among the recommendations.
Once in operation, the Plant is expected to
be kept at its full capacity of production
except for routine maintenance shutdowns.
Page 2
ENERGY NOTES
The Bonneville Power Administration has
announced the successful completion of its
project developing the World's first high
voltage direct current circuit breaker. The
new circuit breaker is expected to have a
substantial impact on electricity trans-
mission systems throughout the World, allow-
ing the operation of long distance multi-
terminal DC transmission line networks.
In other BPA news, the Agency is making non
firm energy available to Northwest utilities
for their irrigation loads during March and
April, leading to a rate cut which will be
about half the regular price of electricity
to farmers who irrigate.
NEW FISHERY NAME
The Oregon Fish Wildlife Commission has
recommended that the taking of squid be
recognized as a new coastal fishery. The
Commission has recommended a harvest guide-
line of 6 million pounds per year.
ALASKA NEWS
Timber company officials in Alaska blame
climbing harvests, collapsing markets and
expensive environmental laws as the cause of
1983's lousy year for the Alaska timber in-
dustry. Projections for improvement in 1984
are not particularly promising. However,
future years could see a return to good
times for Alaska's timber industry, if
Pacific Rim markets improve.
The "Meet Alaska" Conference attracted some
600 leaders of business, industry and govern-
ment in Anchorage earlier this year. Con-
ference participants learned about the ex-
ploration and development plans of the
mining and oil industries as well as having
a chance to discuss the material and services
needs of those industries in Alaska. In
addition the Conference featured a variety
of speeches and informational sessions on a
broad spectrum of acttvites in Alaska's
businesses.
AGENCY NOTES
The Corps of Engineers has announced that
during fiscal year 83, their nationwide
flood control projects prevented an esti-
mated $2.3.2 billion in flood damages.
AGtICY'NOTES Continued
The Maritime Administration reports that the
privately owned, deep -draft fleet of the US
Merchant Marine now totals 683 vessels with
a carrying capacity of 24.6 million dead-
weight tons. Within that total are 540
ocean -going ships and 143 Great Lakes vessels.
In addition, 14 merchant ships, totaling
nearly 400 thousand deadweight tons are under
construction or on order in US shipyards.
CONGRESS ACTS
Congressional passage of S -47, the Shipping
Act of 1984, has been hailed as a great step
in providing greater commercial flexibility
for international trade opportunities.
The House of Representatives has approved
legislation okaying the spending of $750
million for the inspection and repair of un-
safe dams owned by the Federal Government.
J. Peter Grace, head of the President's
Private Sector Survey on Cost Control has
told a Senate Committee he could see savings
of $1.3 billion over the next three years if
full cost recovery policies were imposed for
the construction, operation and maintenance
of deep -draft ports and channels and inland
waterways of the US. This was among the
nearly 2500 recommendations that the Grace
Commission came up with during an exhaustive
look at ways the federal establishment could
spend less, collect more, or more efficiently
operate in the provision of federal services.
The Senate Environment and Public Works Com-
mittee has marked up 5 -768, which would re-
authorize the Clean Air Act. Although the
Committee amended the Bill, calling for major
reductions in sulfur- dioxide emissions, the
amendments did not set mandatory state con-
trols, nor did it establish a nationwide fee
on electrical generation for the purposes of
funding cleaning up "acid rain
The Senate Energy and Natural Resources Com-
mittee has passed out 8 -1811 which provids
for groundwater recharge research and demon-
stration programs. The Bill is identical to
HR -71, passed by the House last year.
The Congress has voted to override the Presi-
dent's veto of 5 -684, which will fund federal
water resources research programs. The law
provides $10 million for state water resource
research institutes, $6 million for demon-
stration projects, and $20 million for com-
petitively bid research activities.
Page 3
The report on HR -3678, Congressman Bob Roe's
Water Resources Conservation,Development and
Infrastructure Improvement and Rehabilitation
Act was filed during March. There will be
concurrent and limited review until April 12
by three House Committees, after which time
Congressman Roe intends to seek full House
consideration of the legislation. It would
de- authorize a number of projects which time
has passed by; authorize a substantial number
of water resource development projects, in-
cluding the new lock at Bonneville Dam; and
would dedicate a portion of customs revenues
for the purposes of operating, maintaining
and upgrading the Nation's waterways and
ports. Congressman Roe claims to have 363
votes for his bill. One stumbling block
might be getting Administration approval
even if the Senate were to agree to the pro-
visions contained in Roe's legislation.
Office of Management and Budget officials
have told PNWA that the Roe Bill in its
present form is not acceptable to there and
they would not recommend that the President
sign it.
PEOPLE
During the PNWA "MISSION TO WASHINGTON"
earlier this month, JIM CHURCH, Deputy Exec-
utive Director of the PORT OF PORTLAND and
immediate Past PNWA President, was recognized
in a surprise ceremony by Senator Bob Pack-
wood for his substantial contribution to
promotion and improvement of the development
activities in the Pacific Northwest, espec-
ially as they relate to the Columbia /Snake
Rivers System. The presentation to Church
was signed by the entire Oregon Congressional
Delegation, and ended with a commendation
stating, "On behalf of all Oregonians, we
say well done, Jim Church."
Assistant Secretary of the Army for Civil
Works Bill GIANELLI has indicated this month
he will leave that post on May 5th to return
to California. It is anticipated that he
will participate actively in re- election
efforts for President Reagan. Gianelli has
served since 1981 in the Reagan Administra-
tion and has been a strong and active advo-
cate of a number of Corps of Engineers Civil
Works programs, as well as an advocate of
additional non- federal cost sharing and
user fees on waterway and port projects.
(TWA wishes hint well in his retirement.
CALENDAR
MAY 16 -18 Second Annual Coal Conference,
New Orleans, LA. Info at (504) 566 -1001.
MAY 31 -JUN 2 Annual Meeting of the Water
Resources Congress in New Orleans. Info
available at (703) 525 -4881.
JUN 27 -29 PNWA MID -YEAR MEETING, Agate
Beach Hilton, Newport, Oregon.
OCT 8 -12 Propeller Club of the United
States National Convention, Portland, OR.
Info from (503) 228 -4361.
OCT 16 -19 PNWA 51ST ANNUAL MEETING,
Jantzen Beach Thunderbird, Portland, OR.
PACIFIC NORTHWEST WATERWAYS ASSOCIATION
P. 0. Box 61473
Vancouver, Washington 986b6
John Williams
Kenai Advisory Harbor Comm.
P.0 Box 580
Kenai, AK 99611
Page 4
NOV 26 -29 Second Alaskan Conference on
Maritime Commerce and Port Development,
Anchorage, AK. Info at (907) 474 -7086.
SPRING SUMMER cruises on the Stern-
wheeler COLUMBIA GORGE on the Columbia
River and in the area of the Portland/
Vancouver Harbors. Info available at
(503) 374 -8290. Portland 228 -5408.
PNWA 50TH ANNIVERSARY Commemorative
Coasters are available at the PNWA Office
A note or phone call will bring a quick
response from us to anyone interested in
purchasing these unique and distinctive
coasters. Info at (206) 699 -4666.
Non Profit D*ganization
U.S. Postage Paid
Permit No. 56
Vancouver, WA 98660
Pacific Northwest
aterways Association
Dear PNWA Members Friends:
P.O. Box 61473- Vancouver, WA 98666 (206) 699 -4666
April 18, 1984
1984 PNWA MID -YEAR. MEETING INVITATION
The Pacific Northwest Waterways Association MID -YEAR MEETING is
scheduled for June 26 -29, 1984. We will be gathering at one of the
most beautiful locations in the Pacific Northwest, an area of marine
oriented hustle and bustle on one hand tranquil and scenic splen-
dor on the other. You guessed it! We will be at the Newport Hilton
at Agate Beach on the Oregon Coast.
Our program will focus on Trade Development, as a new committee area is
explored. We will not neglect topics of interest for our five
existing standing committees, but will, as I said, concentrate on
Trade Development as a theme for the Mid -Year Meeting.
In addition to guest speakers, we will consider new and updated
programs and policies for adoption later in the year. We also plan
to conduct a couple of tours in the Newport area which will help
expand your knowledge of Northwest sciences and industries.
Please complete the enclosed r'istration form as soon as possible to
ensure your participation in a meeting of considerable importance.
Also enclosed is a reservation card to be completed and returned
directly to the Newport Hilton for your personal accommodations.
Ocean -view rooms are limited and will be reserved on a first =come,
first served basis.
Make your plans now to attend the Mid -Year Meeting. Your attendance
is essential to make this meeting a success. Please notify us of
items you wish to see on the standing committee agendas.
The host committee in the Newport area has already met and is planning
a number of activities for you and your family. It is important that
you make your reservations early because of the limited block of
rooms available to us. Please try to reserve your accommodations by
June 13, otherwise we cannot guarantee that space will be available.
Please call, if you have questions. Meanwhile, SEE YOU IN NEWPORT!
SRL /vjh
Attachments
Sincerely,
STEPHEN R. LINDSTROM
Executive Vice President
TUESDAY, JUNE 26
1:00 -5:00 pm
5:30 -8:00 pm
'9:00 am
9:30 am
9:30 am
thru Noon
FRIDAY, JUNE 29
8:00 am -Noon
9:00 am -Noon
TENTATIVE SCHEDULE
PNWA MID -YEAR MEETING
June 27 -29, 1984, Newport, Oregon
Registration /Message Center Open
Early Bird Reception Steve Lindstrom's Suite.
WEDNESDAY, JUNE 27
7:00 am Executive Committee Meeting (Continental Breakfast)
8:00 5:00 pm Registration /Message Center Open
Welcome Keynote Address, General Membership
Spouse Brunch Program
Standing Committee Meetings
12:00 Noon Luncheon
2:00 -5:00 pm Standing Committee Meetings
6:00 -7:30 pm President's Reception New Member Welcome
7:30 pm Dinner /Entertainment
THURSDAY, JUNE 28
7:00 a.m. Board of Directors' Meeting (Continental Breakfast)
8:00 am -Noon Registration /Message Center Open
9 :30 am -Noon Standing Committee Meetings
Free Afternoon- -Golf, Tours.
6:00 pm Muster for out -of -hotel Outdoor Picnic.
Registration /Message Center Open
General Membership Meeting includes 3 speakers
on International Trade.
12:00 Noon Luncheon
2:00 pm Meeting Adjourns.
PACIFIC NORTHWEST WATERWAYS ASSOC.
1984 MID-YEAR MEETING
REGISTRATION FORM
Please register me as a delegate to the PNWA MID -YEAR MEETING at the
Newport Hilton at Agate Beach, June 26 -29, 1984.
Name Bus.Phone
Preferred Nickname (for name tag) Res,Phone
Representing Title
Address
City, State, Zip Code
Spouse will will not attend. Spouse's name Nickname
a.m.
I will arrive in Newport on June at o'clock p.m.
REGISTRATION PACKAGE INCLUDES: All convention functions; Early Bird
Reception; Spouse Breakfast Program; Wednesday Luncheon; Wednesday
Dinner (including Spouse); and Friday Luncheon.
REGISTRATION FEE (Above Package):
SPOUSE REGISTRATION (OPTIONAL):
TOTAL REGISTRATION FEE
Additional Remarks or Requests
Wed. Luncheon
Fri. Luncheon
$150.00
10.00
10.00
Check Enclosed Payment at D Please I3i11
GOLF REGISTRATION: I am interested in Golf Self Spouse Cart
Thursday Afternoon
RESERVATIONS for accommodations must be made directly with the NEWPORT
HILTON by using the enclosed card. Ocean -view rooms are 1imited, so
register early to insure you will get one, if desired.
There will he a $25.00 cancellation Fee for registrations not cancelled
in writing by June 1.5th.
PLEASE RETURN THIS FORM to PNWA Headquarters, P. 0. Box 61473, Vancouver,
Washington 98666, by June Sth.