PORT & HARBOR ADVISORY COMMISSION                                                              UNAPPROVED

REGULAR MEETING                                          

OCTOBER 28, 2009

 

Session 09-08 A Regular Meeting of the Port and Harbor Advisory Commission was called to order at 6:04 pm on October 28, 2009 by Chair Cathy Ulmer at the City Hall Cowles Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

 

PRESENT:                    COMMISSIONERS VELSKO, HARTLEY, ZIMMERMAN, WEDIN, AND ULMER

 

ABSENT:                      COMMISSIONER CARROLL (EXCUSED)

 

STAFF:                         PORT & HARBOR DIRECTOR HAWKINS

                                    DEPUTY CITY CLERK KRAUSE

 

APPROVAL OF THE AGENDA

 

Chair Ulmer requested a motion to approve the agenda.

 

VELSKO/HARTLEY – MOVED TO APPROVE THE AGENDA AS WRITTEN.

 

There was no discussion.

 

The agenda was approved by consensus of the Commission.

 

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

 

There were no comments.

 

RECONSIDERATION

 

None.

 

APPROVAL OF MINUTES       

           

A.         Meeting Minutes of September 23, 2009  

 

Chair Ulmer requested a motion to approve the minutes.

 

VELSKO/ HARTLEY - MOVED TO ACCEPT THE MINUTES OF SEPTEMBER 23RD AS PRESENTED.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

                                                             

VISITORS       

 

The Commissioners welcomed Mr. Kevin Hogan, recent Port & Harbor Advisory Commissioner, and newly appointed Councilmember.

 

There was no discussion or comment made at this time.


STAFF & COUNCIL REPORT/COMMITTEE REPORTS/BOROUGH REPORTS

(Chair set time limit not to exceed 5 minutes)

 

A.            Port & Harbor Director’s Staff Report – October 2009

           

Port & Harbor Director Hawkins summarized his report for the Commissioners. He asked if there were any questions. The following points were touched upon.

-       A revised letter was issued to Rescue 21. There has been no response at this time.

-       Dredging will be conducted in the spring of 2010 due to the contractor taking other work. The request was not issued in a timely manner.

-       Beneficial uses are being considered for the dredge spoils as well as costs.

-       Development of a 20 year Dredge Spoil plan.

-       Corps of Engineer study for the harbor expansion project is ongoing. There are serious concerns, with the number one being the increased construction costs. Rock is the biggest expense. This is not a dead issue, but it is not a slam dunk either. It is the reason that these types of projects take so long. The City has not contributed additional funds. A meeting will be held to make a decision to continue or put is on the shelf.

-       Hoka Hey Challenge event, participants and entourage was discussed. Possible location for end of race party is the chip pad. Camping on the Spit does not seem possible due to space requirements. The organizers are working with English Bay, the Chamber and City representatives. There was a brief discussion regarding the participants, age, personalities, local vendor involvement, peninsula wide participation, etc.

-       Repairs of the Fishing Lagoon ramp were done with funds from the Port and Harbor Reserves and why it was not done with funds from the General Fund. It was noted that the Port & Harbor does not gain anything from the lagoon and this will possibly set a bad precedent. They finally are out of the red and steps like that could put them right back in again.

 

There was no further discussion.                                                                                                

 

B.         Lease Committee Report (if a meeting was held since the last Commission meeting)                                   a.            Regular Meeting Minutes for October 8, 2009

           

Commissioner Velsko reviewed the highlights of the Lease Committee meeting of October 8, 2009.

-        Appraisals were conducted on nine properties, most were several years overdue. There was an increase to the nine leases on the average of a $1000.

-       Peninsula Salvage and Scrap is still waiting on removal. There was a hold over clause in their lease.

-       The restaurant at the Auction Block is still under consideration whether it will be self-operated or subleased.

-       Fish factory compliance and code issues should be completed shortly and the addition of the lot is progressing. It is believed that it will be in compliance in the following two weeks.

-       Under new business the Lease Committee reviewed the sub-lease(s) request from El Pescador and denied the request at this time due to the setback requirements. It was recommended they work with the City and seek a variance.

Commissioner Zimmerman pointed out a few additional lease holders that appear to be in violation with the setbacks. He did not feel it was in fairness to address one and not all in violation. Port & Harbor Director Hawkins stated the setback requirements are relevant only to the approach ramps and he thought all those issues were taken care of, and the road setbacks is DOT. Commissioner Velsko explained that the Lease Committee is aware of violations but the Committee’s purpose is not enforcement. There was a further discussion regarding the setback requirements for the El Pescador lot. The Lease Committee is in favor of the idea however it is not supported by the City Code. The City must show some conformity within the leases.

-       The Lease Committee recommended Staff send a letter to the El Pescador regarding the request and the explaining the issues and limitations established by City Code and what options the El Pescador has open.

-       Port & Harbor Director Hawkins stated that this issue will be on the agenda for the Special Meeting on November 16, 2009 at 3:00 p.m. He reported that clear direction for staff was not given by the Committee members to execute a letter. A deadline must be given on when the building must be removed; the building cannot be there next year.

-       Further discussion regarding the additional sub-leases requested and the existing conditions regarding structures currently on the property.

-       2010 Meeting Schedule

-       Chair Erickson was re-elected and Vice Chair is Philip Alderfer.

 

There was no further discussion.

 

PUBLIC HEARING (3 minute time limit)

 

None.

 

PENDING BUSINESS

 

A.         Memorandum Dated October 16, 2009 Re: Seldovia Village Tribe Ferry Revised Drawings

 

Port & Harbor Director Hawkins stated that they hired PND Engineering as a consultant because the ramp component of the project was getting outside his area of expertise. They were hired to review the submitted drawings. He reviewed the currently submitted drawings for the ramp design and hi-lited the stairs at the raised platform as a concern.

 

There is no action required at this time and is more informational.

 

Commissioner Zimmerman asked if the Homer Run Oil and Ferry projects could coexist. Port & Harbor Director Hawkins confirmed that they could and then further elaborated on the history and condition of the JJ Float. Commissioner Hartley commented on the location and having both projects on JJ float.

 

There was no further discussion.

 

NEW BUSINESS

 

A.         Lease Proposal Home Run Oil

            a. Letter received as attachment via Email dated October 2, 2009

 

Port & Harbor Director Hawkins distributed information regarding the land allocation of Lot 13.

Points noted and comments were:

-       Lot 13 has never been let out for Request for Proposal (RFP)

-       Which area of Lot 13, tank location, and proximity to Deep Water Dock

-       Physical review of selected location and additional recommendation from Commissioner Wedin

-       Total quantity of fuel with both tank farms located in one spot.

-       Ability to monitor spillage adequately for each separate entity.

-       Current requirements for monitoring spills.

-       Using the recommended lot is not favorable to the proposer due to the irregular shape and setbacks.

-       The non-usage of the existing fuel dock.

-       The chosen lot must have the land allocation description changed in order to be used for this project.

-       The need for an additional supplier and competition on the Spit.

 

A brief discussion ensued regarding the recommendation requested of the Port & Harbor Advisory Commission from the Lease Committee on the tentative proposal from Home Run Oil.

 

WEDIN. - MOVED TO RECOMMEND PRESERVING THAT AREA AS A STAGING AREA DUE TO THE VALUE OF THAT LOT BEING IN SUCH CLOSE PROXIMITY TO THE DEEP WATER DOCK IT SHOULD BE RETAINED FOR THAT PURPOSE.

 

There was no second to the motion. A brief discussion followed on the Deep Water Dock and future expansion phases, but it will be too far in the future to benefit the proposed location.

 

VELSKO/HARTLEY - MOVED TO RECOMMEND HOME RUN OIL DEVELOP THE PROPOSAL AROUND LOT 8D1, CURRENTLY ALLOCATED FOR TRUCK STAGING AND IF THAT APPEARS TO BE UNFEASIBLE TO RECOMMEND THE WESTERN PORTION OF LOT 13, NOT TO EXCEED FORTY PERCENT OF THE LOT.

 

Discussion regarding the proposer of the motion to be Commissioner Wedin or Velsko and that it was not a concern could be a friendly amendment. (The original motion died for lack of a second.) Further discourse on the recommended area would also allow for expansion. The convenience of one lot over another; the argument was presented on the difference of one type of staging over another. There were no drawings of the proposed project and the current drawings are very conceptual at this time.

 

Commissioner Hartley called for the question.

 

VOTE. YES. VELSKO, ZIMMERMAN, HARTLEY, ULMER, WEDIN.

 

Motion carried.

 

B.         Discussion – Water Meters on Floats

 

This topic was put on the agenda by former commissioner Kevin Hogan. Chair Ulmer invited Mr. Hogan to comment. Mr. Hogan asked for this to be placed on the agenda as a discussion item because the Harbor is subsidizing the entire water system. Currently the Harbor is paying the commercial rate and all the water is being dumped into the Harbor.

A brief discussion followed regarding establishing metered water and charging for hook-up; the moorage fees covering the cost of water usage. The amount of water wasted and poured into the harbor. A suggestion was considered regarding installation of devises that determines the number of gallons that goes through but not into the sewer system; establishing a Water Board to handle the complaints and issues that will definitely arise; some floats have water just at the head of the float; using the system established to bill the electric, to bill the water; over the summer a major leak was discovered and repaired. It was discussed which entities were the biggest users on the Spit; the size of the lines and that saltwater is used for fire fighting. It was noted that if folks have to pay for what they use they will start conserving.

Port & Harbor Director Hawkins informed the Commission that they plan to replace all flanges under the floats, reattaching waterlines damaged by ice, and putting a capital project together to install waterlines from N float to R float. Signage has been installed regarding conserving fresh water.

 

Chair Ulmer asked if further action was needed. Mr. Hogan stated it was informational really and something to think about.

 

A further brief discussion regarding costs or fees included in the moorage fees allows for easier management. To maintain separate fees would require increased staff time and the staff to maintain. The current goal is to reduce usage.

 

A brief detour discussion on Kodiak’s power and water supply by hydroelectric and windmills followed.

C.         Discussion – Metered Parking

 

Discussion encompassed allowing metered parking in the Department of Transportation (DOT) Right of Way (ROW) since the City has entered into an agreement with the DOT on management on the west side of the Spit. The issue of charging is still on the table. It is believed that high profile parking places should be metered to allow better turnover in front of the businesses, and as an additional revenue source. The Spit Comprehensive Plan will include this because it is well known that the key to success on the Spit is parking; a survey was sent out to employees for input and there have been two public meetings plus a website is available and offers the opportunity for input. A joint worksession with Planning, and the Economic Development Commission scheduled for November was cancelled and will be rescheduled for the first part of December. Comments by commissioners were to make parking on the Spit at a premium and it could subsidize public transit such as establishing a shuttle bus.

 

There was no further discussion.

 

D.         Draft Resolution – 2010 Meeting Schedules

 

The Commissioners reviewed the proposed 2010 meeting schedules and noted the November and December meetings were already changed to account for the Holidays. It was discussed that the number of meetings the Commission has missed with no notice has not happened in the past few years. The Clerk reported that the commission has missed two meetings this year and did not miss any the year before.

 

VELSKO/WEDIN - MOVED TO ACCEPT THE 2010 MEETING SCHEDULE AS PRESENTED.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

E.         Draft 2010 Commissioner Attendance Schedule

 

The commission reviewed the attendance schedule and did not find any problems it was noted that once a new Commissioner is appointed it could be changed some more if needed. July at this time was left blank due to normal schedules of the commissioners.

 

WEDIN/ZIMMERMAN – MOVED TO ACCEPT THE COMMISSIONERS ATTENDANCE SCHEDULE TO THE CITY COUNCIL MEETINGS FOR 2010.

 

There was no discussion.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

F.         Teleconferencing

 

Deputy City Clerk Krause explained this topic was put on the agenda at the request of Council person Howard to see if there would be interest in having the capability to teleconference. The Clerk further explained that there would be guidelines to allow teleconference. That this would have to be on the agenda again and then change made in the bylaws and other documents as required.

 Discussion included the aspect of additional costs to the budget for teleconferencing, that this was an option to have a quorum.

 

VELSKO/HARTLEY - MOVED TO SEND A MEMORANDUM THAT THE PORT AND HARBOR ADVISORY COMMISSION RECOMMENDS ALLOWING TELECONFERENCEING AS AN OPTION OF ATTENDANCE TO A COMMISSION MEETING.

 

Mr. Hogan offered a comment that this is encouraged by the open meetings act. An incident with the Lease Committee was offered where if they could have teleconferencing then action could have been taken on the issue on the table.

 

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

 

Motion carried.

 

INFORMATIONAL MATERIALS

A.                  Harbormaster’s Monthly Statistical Report for September 2009                                   

B.                  Weekly Crane & Ice Report                                                                                     

C.                  Deep Water Dock                                                                                          

D.                  Pioneer Dock Ferry Landings

E.         Pioneer Dock

F.                   Water Usage                                                                                              

G.                  Commissioner Attendance Schedule for Council Meetings 2009                        

H.                  Lease Expiration Schedule - UPDATED                                                                        

I.                    Port & Harbor 2009 Strategic Plan

J.          Ordinance 09-44(S) Overslope Development

L.         Press Release – Summer 2010 Ferry Schedule

 

A comment made on the “push” to approve the Overslope Ordinance in record time. It only took approximately 14 years. Chair Ulmer asked about vendors being allowed to be on the docks when cruise ships come into port. Any cruise she had taken there was always the presence of the local “flavor” on the docks and Homer should offer something similar to visitors. It was recommended to contact and work with the Chamber of Commerce on that issue. There are nine visits expected this summer from cruise ships.

 

COMMENTS OF THE AUDIENCE

 

Mr. Hogan recommended attending the Trade is Transportation seminar to be held in Anchorage. He will email the information to the clerk for distribution to the Commissioners. He did not feel the ferry was going to benefit the City of Homer as much as expected. He will try to make as many meetings as possible and will always be supportive of the Harbor and its projects and issues while on the Council.

 

COMMENTS OF THE CITY STAFF

 

Deputy City Clerk Krause commented that they were awesome and good meeting. She recommended postponing approval of the 2010 Meeting schedule to see if there was consensus on changing the meeting time to 5:00 p.m. She noted that this would be the best time to make that change.

 

The Commission approved by consensus to postpone and put this issue on the agenda for November.

 

Harbormaster Hawkins commented that the ice sales were 43,400 tons which is the record so far with the exception of the year Icicle burnt down. There is no public ferry system that is not subsidized and some as much as 60%. The year end totals for the load and launch ramp was $97,203.00 up from 2008 was $92,759.00 2007 was $103,337.00 was the highest. Fees have not been increased since 2004.


 

COMMENTS OF THE COUNCILMEMBER (If one is appointed)

 

None.

 

COMMENTS OF THE CHAIR

 

Chair Ulmer asked to consider changing the meeting times to 5:00 p.m. Commissioner Zimmerman expressed that it may be a hardship but it could be discussed and if it would help budget wise he would be agreeable. She requested the topic to be on the November agenda.

 

COMMENTS OF THE COMMISSION

 

Commissioners Velsko and Zimmerman had no comments.

 

Commissioner Hartley thanked new Councilmember Hogan for his comments and his continued support.

 

Commissioner Wedin commented it was a short meeting.

 

ADJOURN

 

There being no further business before the Port and Harbor Advisory Commission Chair Ulmer adjourned the meeting at 7:43 p.m. The next regular meeting is scheduled for 6:00 p.m. on November 18, 2009 at City Hall, Cowles Council Chambers, 491 E. Pioneer Avenue, Homer, Alaska.

 

 

                                                           

Renee Krause, Deputy City Clerk I

 

 

Approved: