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HomeMy WebLinkAbout06062012 PACAB Packet Port and Commerce Advisory Board Regular Meeting A O sett, 44 % v ` �� ♦ ♦ ♦1 , s • June 6, 2012 Council Chambers noon SEWARD PORT AND COMMERCE ADVISORY BOARD Regular Meeting June 6, 2012 12:00PM COUNCIL CHAMBERS Deborah Altermatt 1 . CALL TO ORDER Board Member Term Expires 07/2013 2. PLEDGE OF ALLEGIANCE Daryl Schaefermeyer 3. ROLL CALL Board Member Term Expires 07/2012 4. SPECIAL ORDERS, PRESENTATIONS AND Bruce Jaffa REPORTS Board Member Term Expires 07/2012 A. AKRR Representative- Louis Bencardino Daniel Oliver B. Harbormaster Report — Mack Funk Board Member Term Expires 07/2013 C. Chamber of Commerce Report- Cindy Clock Steve Fink Board Member D. Administration Report- Ron Long Term Expires 07/2012 Bob Linville 5. Citizens' comments on any subject except those items Board Member Term Expires 07/2014 scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited Carl Hughes to 2 minutes per speaker and 30 minutes total time for this Board Member agenda item.] Term Expires 07/2014 Jim Hunt 6. Approval of agenda and consent agenda [Approval of City Manager Consent Agenda passes all routine items indicated by asterisk ( *). Consent Agenda items are not considered Ron Long separately unless a Board Member so requests. In the Assistant City Manager event of such a request, the item is returned to the Regular Mack Funk Agenda.] Harbor Master Suzi Towsley Executive Liaison City of Seward, Alaska PACAB Agenda June 6, 2012 Page 1 7. INFOMATIONAL ITEMS, REPORTS AND PRESENTATIONS — A. Coastal Villages Homeport Update B. Seward Ships Drydock Lease Extension C. Board Membership 8. UNFINISHED BUSINESS 9. NEW BUSINESS A. May 2, 2012 Minutes 10. CORRESPONDENCE, INFORMATIONAL ITEMS AND REPORTS (No action required) - 11. BOARD COMMENTS 12. CITIZEN COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.) 13. BOARD AND ADMINSTRATIVE RESPONSE TO CITIZENS'COMMENTS 14. ADJOURNMENT City of Seward, Alaska PACAB Agenda June 6, 2012 Page 2 Council Agenda Statement Meeting Date: June 11, 2012' From Mack Funk, Harbormaster Through: Jim Hunt, City Manager Subject: Seward Ship's Drydock Ground Lease Extension BACKGROUND & JUSTIFICATION The City of Seward has long pursued the development of the Seward Marine Industrial Center, and constructed improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and related rails, dock, and breakwater. The current ground lease for a portion of the area immediately upland of the Shiplift Facility has been in effect between the City and Seward Ship's Drydock, Inc. (SSDI) since 1995. In 2010, the Lease was extended through June 30, 2016. The City Council authorized the possibility of future extensions through June 30, 2040. Lease extensions are based upon approved capital improvements to the Lease area or the City's Shiplift Facility operated by SSDI (Lease, Article 2). SSDI and the City went to binding arbitration in 2008. The question before the arbitrators centered on whether SSDI's proposed replacement of the cathodic protection system would constitute an "improvement" for purposes of extending the Lease term when the City contended that SSDI had not maintained or repaired the existing system that over the years deteriorated to a point where it no longer functioned. The panel of three arbitrators decided on December 23, 2008 that SSDI was, in fact, eligible for an extension through June 30, 2016 based on the investment made in a new Cathodic Protection system, to replace the older system, to protect the sheet pile breakwater below the waterline. To request an extension of the Lease term "... S SDI must submit to the City plans for an improvement ... [that] must include an estimate of costs and a schedule for installing the improvements." On the other hand, "The provision in the ground Lease that the improvement proposal is subject to approval by the City does not vest the Council with additional power over Ground Lease terms." (Arbitration decision) SSDI made numerous requests to extend the lease (several written attempts are documented over the past four years, but none are complete in accordance with the Lease). SSDI submitted the costs of three projects that may qualify for lease extensions: Shiplift Control System Upgrade ($346,001.25), Hoist Pawl Solenoid Upgrade (409,164.32) and Coating of Cells & Dock Piling ($609,738.37). The total submitted costs of the three projects, if valid, would qualify SSDI for extensions through 2040. However, each request raises significant questions. For both the Shiplift Control System Upgrade and the Hoist Pawl Actuator Upgrade, SSDI first requested city approval on July 29, 2009 (letter enclosed), but the request did not include a schedule. Apparently the City did not approve the request because it was not complete and did not meet the requirements in Article 2 of the Lease to ask for an extension of the term. The labor rate charged for this work is $44.10 per hour. The Coating of Cells & Dock Piling did not achieve the agreed upon goal of reaching 2 feet MLLW. "A professional acknowledged the paint was about as low as it could get. It was difficult to go to that level. In looking at the coating, he felt it was acceptable, even though it did not meet the council's guidance from March [2011]." (Excerpt from the City Council minutes September 26, 2011). The previous city manager recommended that the work be deemed complete. Several months later, the City Council accepted that recommendation, in March 2012, as part of the approval of the 5 -year extension of the Maintenance and Operating Agreement. However, the original estimated cost was $400,000 (compared to $609,738.37). Furthermore, 72% of the total cost of the project is labor and the labor rate associated with this work is claimed to be $63 per hour. S SDI is technically in default of the Lease as a result of four unresolved Notices of Default issued by the Alaska Department of Environmental Conservation. The City, as the owner of the land, may be held jointly and severally liable for contamination caused by SSDI at the site. The administration recommends allowing the Lease to continue, without waiving any rights of the City, with the understanding and expectation that environmental compliance matters will be dealt with and resolved between SSDI and DEC. The arbitration panel stated, "The City may not unreasonably withhold its consent to an improvement that SSDI proposes in connection with exercising the option to extend the Ground Lease." The panel also emphasized SSDI's responsibility to submit complete requests, including cost and a schedule for completion of acquiring, installing and constructing the improvement. No requests were sent to the City that comply with Article 2 of the Lease, and therefore no response was appropriate from the City. SSDI now asks for extensions to the Lease term to extend the term to June 30, 2040 without the need for compliance with Article 2. The administration has no objection, and recommends approval of an extension of the Lease term to June 30, 2040. According to the previous city manager, the ship lift facility is currently maintained in the best condition in the history of the Seward Marine Industrial Center (Agenda Statement September 26, 2011). CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): Seward Zoning X Strategic Plan (document source here): Seward Marine Industrial Center X 2 ' Development Plan 3. Other (list): FISCAL NOTE The current rent collected from Seward Ship's Drydock, Inc. is $64,000 per year (plus tax). Finance Department: G 4/ ATTORNEY REVIEW Yes X - Limited RECOMMENDATION Council approve Resolution 2012- authorizing the City Manager to enter into the Extension of the Ground Lease with Seward Ship's Drydock, Inc. through June 30, 2040 in substantially the form presented at this meeting. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO THE GROUND LEASE WITH SEWARD SHIP'S DRYDOCK, INC. FOR THE REAL PROPERTY DESCRIBED AS LOTS 1 -A AND 3, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER, SEWARD SHIP'S DRYDOCK REPLAT, ACCORDING TO PLAT 2002 -22, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City (Lessor) and Seward Ship's Drydock, Inc. (Lessee) originally entered into a ground lease in 1995; and WHEREAS, the Ground Lease was extended in 2010 to reflect the investment by the Lessee in leasehold improvements; and WHEREAS, the Lessee has made several other upgrades to the ship lift facility; and WHEREAS, the Lessee has completed the shiplift controls upgrade, the hoist pawl upgrade. the coating of the breakwater cells, and the cathodic protection system, and WHEREAS, the parties desire to extend the lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City agrees to accept the improvements. Section 2. The Ground Lease is hereby extended until June 30, 2040. Section 3. This resolution shall take effect 30 days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of June, 2012. CITY OF SEWARD, ALASKA RESOLUTION 2012 - THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) AGREEMENT TO EXTEND GROUND LEASE This Agreement is between the City of Seward, Alaska, an Alaska municipal corporation ( "City "), whose address is P.O. Box 167, Seward, Alaska 99664, and Seward Ship's Drydock, Inc., an Alaska corporation ( "Lessee "), whose address is P.O. Box 944 Seward, Alaska 99664, who are lessor and lessee, respectively, under that certain Ground Lease dated April 25, 1995 of certain real property located within the Seward Marine Industrial Center, Seward, Alaska (the "Lease "). The City of Seward and the Lessee certify that certain improvements have been completed that are necessary to extend the Lease Terra in accordance with Ground Lease Amendment No. 4 dated January 14, 2010. Lessee installed certain capital improvement projects at the City Ship Lift Facility: Hoist Pawl Solenoid Upgrade, SMIC Cell and Dock Pile Coating, Control System Upgrade, and Cathodic Protection System. In full consideration of the aforementioned improvements by the Lessee. the City and Lessee agree that the subject lease will be extended commencing July 1, 2016 and expiring June 30, 2040. Dated this day of , 2012 City: Lessee: CITY OF SEWARD SEWARD SHIP'S DRYDOCK, INC. James Hunt Jam s T. Pruitt City Manager President ATTEST: C l f Johanna Kinney pi City Clerk tS,\ State of Alaska ) )ss. Third Judicial District The foregoing instrument was acknowledged before me this day of , 2012 by James Hunt, City Manager of the City of Seward an Alaska corporation, on behalf of the corporation. Notary in and for Alaska My commission expires: State of Alaska ) )ss. Third Judicial District ) The foregoing instrument was acknowledged before me this J( t'day of /140 , , 2012 by James T. Pruitt, President of Seward Ship's Drydock, Inc. an Alaska corporation, on behalf of the corporation. II a l ( :) �- Notary in and for Alaska '' My commission expires: f. /6 /3 ,�' � (. !l 0gisSior) 11 :20/ s '9 e3 1 r' NOT A�' '" PU. ..9 -c ARY 6 ■■ ) II, A SEWARD SHIP'S DRYDOCK INC. P.O. Box 944 Tel: (907) 224 -3198 Mile 7 Nash Road Tel: (907) 224-5640 • Seward, Alaska 99664 -0944 Fax: (907) 224 -5376 RECEIVED City of Seward JUL 2 9 2009 PO Box 167 OFFICE OF THE 29 July,2009 Seward, AK 99664 CITY CLERK Attention: Phillip Oates; City Manager Subject: Ground Lease Extension Beyond 2029 Dear Phillip, As you are aware, Seward Ship's has received tentative award of a MARAD grant. The major portion of that grant, approximately $700,000, is designated for Syncrolift control system improvements. As replacement of the cathodic protection system extends the lease to 2016 and completion of the cell and piling coatings, estimated capital improvement value approximately $400,000 will provide for the remaining 13 years of lease extension available under the current lease, we find it necessary to make some important business decisions concerning future capital improvements of the shiplift facility. Prior to accepting the grant funds, Seward Ship's requests to have commitment from the city administration and council that the Syncrolift control system improvement project will be considered a capital improvement and that Seward Ship's will be granted a lease extension beyond the year 2029, based on the same criteria outlined in article 9 of the December 29, 2008 arbitration award. Please do not hesitate to contact me if you require any further information or have any questions. ely cer, rely James T Pruitt President, SSDDI • City of Seward, Alaska Port and Commerce Advisory Board Minutes May 2, 2012 V o lu me Page CALL TO ORDER The May 2 regular meeting of the Port and Commerce Advisory Board was called to order at 12:01 p.m. by Deborah Altermatt, Chair. OPENING CEREMONY Chair Long led the pledge of allegiance to the flag. ROLL CALL There were present: Deborah Altermatt Dan Oliver- joined the meeting at 12:04 Darryl Schaefermeyer Steve Fink Carl Hughes Bob Linville Bruce Jaffa Comprising a full board quorum; SPECIAL ORDERS, PRESENTATIONS AND REPORTS 1. Rail Road report, Louis Bencardino- • The RR dock was seeing increased activity and positive signs of spring. • The proposed federal cuts to railroad funding were discussed and Louis requested as much local feedback requesting reinstatement of the funding as possible. 2. Harbor Master Report -r • The Coast Guard has chosen to build new instead of moving their building as they had previously planned. • Water was being turned back on at the Harbor. • Meetings with CVRF had taken place. 3. Administration Repo rt- ... • Senator Murkowski would be in town on May 5 at the Chamber luncheon. • Construction on the new library museum had begun. • Road closures at Trail River were discussed. • CVRF home porting was still being planned for WITH $10 Million in the voter bond package. • April Seattle economic development trip report was given. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING There were none. City of Seward, Alaska Port and Commerce Advisory Board Minutes May 2, 2012 Volume , Page APPROVAL OF AGENDA AND CONSENT AGENDA including minutes from PACAB April 4, 2012 meeting. Motion (Schaefermeyer/Linville) Approval of Agenda and consent agenda Motion to adopt the agenda and consent agenda via unanimous consent with the addition of New Business items; C. Small Boat Harbor Dredging, D. Letter supporting reinstating federal funding for the Alaska Railroad and E. Set May work session topic Motion Passed Unanimously Motion (Jaffa/Hughes) Motion to approve the reimbursement of $590.42 to. Chair Altermatt for travel related expenses on April Seattle trip. Motion Passed Unanimously Motion (Schaefermeyer/Hughes) Motion to supporting the proposed plan and request for harbor dredging as presented by the harbormaster. The harbor dredging plan was discussed by the board, including funding possibilities and permitting process. Motion Passed Unanimously Motion (Oliver /Linville) Motion in support of writing a letter requesting that federal funding for the Alaska Railroad be fully reinstated Motion Passed vote count; Yeses: Jaffa, Schaefermeyer, Oliver, Hughes, Linville, Altermatt Noes: Fink. PACAB chose via unanimous consent to cancel their May 2012 work session. BOARD COMMENTS Jaffa would like to see the safety issues on the highway discussed. Hughes asked to be excused from the June meeting as he would be working, and expressed that he is very strongly in support of dredging the harbor. City of Seward, Alaska Port and Commerce Advisory Board Minutes May 2, 2012 Volume, Page Linville also strongly supports the harbor dredging. Altermatt reminded everyone that Harbor opening weekend would take place May 19 with lots of fun activities, opening of the Mariner's Memorial and the blessing of the fleet. CITIZENS' COMMENTS BOARD AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 1:29 p.m. Suzi Towsley Deborah Altermatt Executive Liaison Chair (City Seal) June 2012 June 2012 July 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 Monday Tuesday Wednesday Thursday 28 29 Y Friday 30 31 Jun 1 r, CO N T m 2 4 5 6 7 8 7:00pm P&Z Meeting 12:00pm PACAB Meetin 11:00am w c 11 12 13 14 15 6:00pm CC WS 11:30am Seward Comm 7:00pm City Council M Ui C 18 19 20 21 22 6:00pm P &Z Work Ses 12:00pm PACAB Work S 9:00am Social Security 6:30pm Historic Preser N N 00 r-I C 25 26 27 28 29 7:00pm City Council M N Ui N C Nanci Richey 1 6/5/2012 2:26 PM July 2012 2012 2012 August 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Jul 2 3 4 5 6 7:OOpm P&Z Meeting 1 Offices Closed; 4th of .1 12:00pm PACAB Meetin LD N 9 10 11 12 13 7:00pm City Council M 11:30am Seward Comm m rn 16 17 18 19 20 6:00pm P &Z Work Ses 12:00pm PACAB Work S 6:30pm Historic Preser N N r-1 23 24 25 26 27 7:00pm City Council M N m N 7 30 31 Aug 1 2 3 cn Q Nanci Richey 1 6/5/2012 2:26 PM