PORT AND HARBOR ADVISORY COMMISSION UNAPPROVED

REGULAR MEETING

JULY 23, 2008

Session 08-07 A Regular Meeting of the Port and Harbor Advisory Commission was called to order at 6:00 pm on July 23, 2008 by Chair Otto Kilcher at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

PRESENT: COMMISSIONERS ULMER, VELSKO, MARTIN, HOGAN, HARTLEY, KILCHER

ABSENT: COMMISSIONER CARROLL (EXCUSED)

STAFF: PORT & HARBOR DIRECTOR HAWKINS

DEPUTY CITY CLERK KRAUSE

APPROVAL OF THE AGENDA

The agenda was approved by consensus of the Commission.

PUBLIC COMMENT REGARDING ITEMS ON THE AGENDA (3 Minute Time Limit)

None.

APPROVAL OF MINUTES

A. Regular Meeting Minutes of June 25, 2008

Port & Harbor Director Hawkins asked for a change to Matt Clark title, he is the Deputy Harbormaster. He additionally clarified his intent with the statement regarding the small harbor is empty.

HOGAN/ULMER – MOVED TO APPROVE THE MINUTES AS AMENDED.

There was no discussion.

The amended minutes were approved by consensus of the Commission.

RECONSIDERATION

None.

VISITORS

There were no visitors.

STAFF & COUNCIL REPORT/COMMITTEE REPORTS/BOROUGH REPORTS

(Chair set time limit not to exceed 5 minutes)

A. Port & Harbor Director’s Staff Report – July 2008

Port & Harbor Director Hawkins commented on the following

- Change of Command ceremony. It was interesting and he met some people form the industry.

- The Tyco Resolute is on their way to Oregon.

- He reported on the injury of one of the staff of the owners that had the barge moored astern the Tyco Resolute. The young man will recover from his injuries. He fell approximately 20-25 feet onto a pile of mooring line from a ladder. He missed hitting an anchor by a couple of inches with his head. There were many responders on this incident. There was a brief discussion on possible legal issues with the incident.

- Additional person was hired at the Fishdock Ice Plant.

Port & Harbor Director Hawkins clarified the revenue shown is compared to the same period last year. He noted it was really busy the Fourth of July weekend. Chair Kilcher noted the parking revenues were down. Comments were made regarding carpooling and the honor system.

Chair Kilcher stated that while he was digging six drums out of the dumpsters he spoke with one of the patrol officers who during their conversation stated that the new areas were not his responsibility to patrol. He thought that Mr. Hawkins would want to find out exactly where they are supposed to be working.

There was no further discussion.

B. Lease Committee Report

Commissioner Velsko stated that a meeting was held earlier today regarding Proposed Lease Lot 48A. He did not have time to create any written notes. The State of Alaska Marine Highway System (AMHS) seems to think that the City is double leasing the lot since the US Coast Guard has a lease for 25 parking spaces on the same lot. Since there has been numerous personnel turnover at AMHS there is no one from the time period when the agreement was made with the City. In order to bring about compromise the City Manager is recommending approval of a 50 year, free lease to accommodate AMHS warehouse, personnel, staging and long term parking use only on Lot 48 A. Agreements made with former City Officials are no longer favorable with current AMHS management.

The Lease Committee’s recommendation was to adhere to the current Lease Policy. Commissioner Velsko recommended that a lease fee be charged; it was the Committee’s agreement that the State did not need something for free. The offer by the City is made in hope to prevent possible litigation that has been implied by AMHS.

Chair Kilcher commented that this requires careful thought, considering the possibility of the East Harbor being built. Commissioner Velsko stated he did not know when the next meeting would be regarding this lease. This meeting was sprung on him ten days prior to today.

The Commissioners present agreed that this was an issue that should be addressed to schedule regular meetings for the Lease Committee.

HARTLEY/HOGAN – MOVED TO RECOMMEND A MEMORANDUM BE SENT TO CITY MANAGER WREDE TO SUBMIT A RESOLUTION TO COUNCIL TO ESTABLISH REGULARLY SCHEDULED MEETINGS WITH AN AGENDA FOR THE LEASE COMMITTEE.

Discussion ensued on the necessity of establishing a regular schedule for meetings for the lease committee and that this committee should follow the guidelines as other committees for the City follow. It was noted that there are certain times of the year that leases come up but it would be easier to schedule the meetings and cancel them if they are not needed.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

PUBLIC HEARING (3 minute time limit)

None.

PENDING BUSINESS

A. Memorandum from City Manager Wrede Re: Spit Parking Issues

ULMER/HARTLEY – MOVED TO DISCUSS.

There was no discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Port & Harbor Director Hawkins responded to Commissioners questions regarding the Staff meeting such as when it was held and if he was present and if the decisions staff made fell within the parameters set by the Commission. Commissioner Velsko was not sure if it was agreed upon by the Commission to take the funds for a parking study from the Port & Harbor. The Commissioners agreed that the City was a beneficiary and it was an issue that dealt with public safety.

The Commission then discussed when it would be presented to the Council and the probability of changing the wording of the Resolution, if that would delay the approval process. It was noted that the parking revenue did go into the Port & Harbor reserves.

Further discussion ensued regarding the resolution and submitting a memorandum to Council and if they change things that this will cause greater delays. Staff explained that the City is currently contracted with a firm that has performed numerous studies and would be able to provide the services to perform a parking study by adding a change order to their existing contract and could perform the study for substantially less than the not to exceed dollar amount included in the resolution.

The Commissioners agreed that they did not want to spend funds on a study that would take a couple of years to perform, that the City was involved in a lawsuit already since there was no parking plan on the Spit; however, they would rather pay for the study than delay it again. It was pointed out that it brought up the issue of where the line is to define the responsibilities of the City and the Port & Harbor. Staff explained that this is a step in the right direction. A parking study was at the top of the Commissioners list. This study will give the information and recommendations to create the parking plan. Commissioner Hogan noted that there was a procurement policy and as long as it followed those established guidelines it was great.

Commissioner Martin offered his opinion that comment from the Commission should be offered to the Council in a way that will not prohibit Council from approving this request. Chair Kilcher concurred.

VELSKO/HOGAN - MOVED THAT STAFF SEND A LETTER OR MEMORANDUM TO CITY MANAGER WREDE EXPRESSING THE CONCERNS THAT THE FUNDING FOR THE SPIT PARKING STUDY, ORDINANCE 08-33 IS EXCLUSIVE TO THE PORT & HARBOR RESERVES.

Discussion ensued regarding funding of this ordinance and that it should be funded by the general fund of the City since the City holds liability for what happens on the Spit. This ordinance was in relation to safety concerns on the Spit. It was noted that the Commission previously agreed that a parking study was needed and that if necessary, they would pay for it. Chair Kilcher commented that if the Commission did not voice their disagreement over the funding choice for this ordinance then solely, the Port & Harbor Reserves might support future budget items that cover the welfare of the entire City.

VOTE. YES. VELSKO, ULMER, HARTLEY, MARTIN, HOGAN

ABSTAIN. KILCHER.

Motion carried.

Chair Kilcher asked if there was further discussion on Resolution 08-81 regarding the agreement between the City and the State of Alaska Department of Transportation (AKDOT) regarding transferring parking management and enforcement authority within the right of way between Freight Dock Road and Fish Dock Road. He established that this would be going to the Council on Monday for approval. Commissioner Velsko agreed that this was what the Alaska DOT stated was required to start the process at the joint worksession. Commissioner Hogan questioned if this take over included the maintenance. It was unclear in this resolution. Commissioner Velsko stated the City needed some leverage and would be part of negotiations. The Commissioners agreed with Chair Kilcher that if a proper plan was submitted to the State they would be agreeable; the State maintains the road, and mitigates potential lawsuits and accidents. The liability would then fall on the City.

VELSKO/HOGAN - MOVED TO RECOMMEND SUBMITTING A MEMORANDUM TO COUNCIL STATING THE PORT & HARBOR ADVISORY COMMISSION FULLY SUPPORTS RESOLUTION 08-81.

There was no further discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

There was a brief discussion regarding submitting a recommendation to Council that it should take the public transportation issue under advisement due to the high price of fuel. The route of public transportation; if it could be included in the Parking Study; a train on the outside of the guardrail from town to the jetty; major hindrance was that demand was seasonal; if other Committees and Commissions have this topic on their agendas. Commissioner Hogan suggested having a worksession with the other Commissions and Committees to discuss public transportation. It was noted that public transportation use in Anchorage has increased. Commissioner Hogan suggested looking at similar rural communities and researching how they provide public transportation. He was of the opinion that between Ninilchik and Homer there is approximately 35,000 people.

There was no further discussion.

B. Regional Economic Analysis of Harbor Navigation Improvements

Commissioner Ulmer was concerned that the Port & Harbor was getting the value out of these studies. Port & Harbor Director Hawkins explained that the amounts shown were the agreed upon portion that the Port would pay. The second draft will be issued next month. No action was required. Northern Economics would did the economic study stated they would do a presentation with a change order for additional funds.

Discussion followed regarding the state of affairs for the Port. Port & Harbor Director Hawkins felt that a better picture will be obtained this October after moorage agreements are renewed. He felt it was a very good indicator of the health of the community. Chair Kilcher commented he receives negative comments on the necessity of another harbor. He tries to explain that there are a number of driving forces that warrant a new harbor such as the US Coast Guard, new tug for the inlet, new fuel dock and possible work dock facility. The number of boats to moor would take second importance. The proposed East Harbor is for strictly larger commercial vessels. This would then free up space for smaller vessels in the small boat harbor.

Commissioner Martin pointed out that there was an even bigger part of the overall feasibility study on a new harbor. That these costs are minor compared to the overall cost of the study.

There was no further discussion.

NEW BUSINESS

A. 2008 Capital Improvement Plan 2009 Recommendation

ULMER/HARTLEY – MOVED TO DISCUSS.

There was no discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Commissioner Ulmer asked if any changes were required and recommended submitting the same list. Port & Harbor Director Hawkins wanted to discuss submitting a new project that would encompass adding ramp three gangway and approach to the Harbor Float Replacement, Phase I project. Discussion covered the estimated budget required for this project. It would be approximately $250,000.00 in additional costs. The Commission discussed changing the priority of the listing on resolution 07-98(A).

KILCHER/ULMER – MOVED TO ADD RAMP THREE GANGWAY AND RAMP THREE APPROACH REPLACEMENT TO THE HARBOR FLOAT REPLACEMENT PROJECT PHASE I.

There was a brief discussion regarding if ramps can be done before floats, and the time period for completion or need. It was noted this project should show it was a critical need project.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Port & Harbor Director Hawkins reminded the Commissioners that it would give more weight to their choices if they went to the Council meeting. Commissioners requested Deputy City Clerk Krause to send them a reminder.

INFORMATIONAL MATERIALS

A. Harbormaster’s Monthly Statistical Report for June 2008

B. Weekly Crane and Ice Report

C. Pioneer Dock

D. Pioneer Dock Ferry Landings

E. Deep Water Dock

Port & Harbor Director Hawkins clarified some information on the revenue brought in by the Tyco Resolute on the Deep Water Dock. The ship has left port and his on its way to Oregon, which they should reach by September.

COMMENTS OF THE AUDIENCE

There were no comments.

COMMENTS OF THE CITY STAFF

Deputy City Clerk Krause commented she was glad to see Chair Kilcher back she had been concerned after having no word from him for such a long period of time.

Port & Harbor Director Hawkins had no comments.

COMMENTS OF THE COUNCILMEMBER (If one is appointed)

None.

COMMENTS OF THE CHAIR

Chair Kilcher apologized for causing the Clerk such concern regarding his absence from the commission he thanked everyone and Vice Chair Ulmer for acting in his stead.

COMMENTS OF THE COMMISSION

Commissioners Hogan, Martin, Hartley, Ulmer had no comments.

Commissioner Velsko asked to have on next month’s agenda a discussion on a dedicated sales tax for the Port & Harbor. He thought a similar program like the Water Sewer Fund.

ADJOURN

There being no further business before the Port and Harbor Advisory Commission Chair Kilcher adjourned the meeting at 7:30 p.m. The next meeting is scheduled for 6:00 p.m. on August 27, 2008 at City Hall, Cowles Council Chambers, 491 E. Pioneer Avenue, Homer, Alaska.

Renee Krause, Deputy City Clerk I

Approved: