With everything else in the world going on you would think I'd have something better to write about. I assure you this is an issue.
The drinking game called "Beer Pong" is responsible, in part, for the rapid spread of the H1N1 swine flu amongst young people who are in the primary target group for the disease.
It's true.
For those of you who don't know, Beer Pong is a game that has grown in popularity to the point where there is a championship in Vegas each year.
It started as a college drinking game but has reached the mainstream to the point where there is a virtual Beer Pong app for the IPhone.
Kids..Have fun but remember when you don't replace the cups once someone has drank from them then you are at risk. No, beer is not a disinfectant in spite of what you may have been told.
Happy Thanksgiving and remember to beer pong safely.
Comment here:http://webfoot.womf.com/84157/Beer-Pong-Safety
Comments expressed
November 25, 2009
Well Worth It
When the "rain" park concept on the Astoria waterfront at 9th street just didn't quite appeal to anyone a new idea came along.
A very good idea.
The concept of honoring Astoria's historical connection to China emerged in the proposal to take that pocket park and develop something there that would help tell the story of those Chinese immigrants who contributed so much to the town's history.
The Chinese Interpretive park is a worthy project and one we should support.
We had not heard very much publicly about the planning except that it would be challenging and that it would take both time and money to come up with a workable final plan that would ensure a quality endeavor.
Last week the city council dealt with a staff request regarding some bronze artwork that will be part of that tribute. The senior planner for the firm hired by the city to bring the park to reality has been working with a gentleman in China who owns a bronze foundry and had offered to donate the materials. This is something he has done throughout America in gratitude for medical care he received here, a kindness he felt needed to be repaid.
A caller questioned why the city council would approve an expenditure for the bronze work that would outsource the work to a foreign country instead of using a U.S. based operation such as one in Joseph, Oregon. The council approved an amount that actually goes to the firm working
on the planning to ensure their senior planner will oversee the production of the Chinese bronze work and it's acquisition. While the materials are donated, the work itself will cost just a little over $82,000 most of which has been raised by the local committee charged with executing the park along with a grant secured for the project by U.S. Congressman David Wu. The city took about $10,000 from the promote Astoria fund to make up the difference.
When the piece arrives we will have a wonderful example of genuine Chinese bronze work to display in that new park at far less than it might have cost to have it done here.
When the Chinese Garden was built in Portland a few years ago they not only imported artifacts from china to accomplish the project, they also imported the stone and brought in a team of carpenters and artisans from china to build the project because they could accurately construct all the rooms, walkways, and rain shelters that dot the garden.
Our project in Astoria won't involve that level of complexity but will be a very special place in our town. Obviously I support it. I hope you do as well.
A very good idea.
The concept of honoring Astoria's historical connection to China emerged in the proposal to take that pocket park and develop something there that would help tell the story of those Chinese immigrants who contributed so much to the town's history.
The Chinese Interpretive park is a worthy project and one we should support.
We had not heard very much publicly about the planning except that it would be challenging and that it would take both time and money to come up with a workable final plan that would ensure a quality endeavor.
Last week the city council dealt with a staff request regarding some bronze artwork that will be part of that tribute. The senior planner for the firm hired by the city to bring the park to reality has been working with a gentleman in China who owns a bronze foundry and had offered to donate the materials. This is something he has done throughout America in gratitude for medical care he received here, a kindness he felt needed to be repaid.
A caller questioned why the city council would approve an expenditure for the bronze work that would outsource the work to a foreign country instead of using a U.S. based operation such as one in Joseph, Oregon. The council approved an amount that actually goes to the firm working
on the planning to ensure their senior planner will oversee the production of the Chinese bronze work and it's acquisition. While the materials are donated, the work itself will cost just a little over $82,000 most of which has been raised by the local committee charged with executing the park along with a grant secured for the project by U.S. Congressman David Wu. The city took about $10,000 from the promote Astoria fund to make up the difference.
When the piece arrives we will have a wonderful example of genuine Chinese bronze work to display in that new park at far less than it might have cost to have it done here.
When the Chinese Garden was built in Portland a few years ago they not only imported artifacts from china to accomplish the project, they also imported the stone and brought in a team of carpenters and artisans from china to build the project because they could accurately construct all the rooms, walkways, and rain shelters that dot the garden.
Our project in Astoria won't involve that level of complexity but will be a very special place in our town. Obviously I support it. I hope you do as well.
November 20, 2009
Not A Leg To Stand On
I just finished reading the findings of U.S. Magistrate Judge John Jelderks in the matter regarding Oregon LNG and the Port Of Astoria and individual commissioners.
Oregon LNG asked for a summary judgement on just one of five claims regarding the Port's failure to extend the state lease to 30 years with DSL to match the lease Oregon LNG holds with the Port on the lands on the Skippanon. That claim is very basic: Oregon LNG has renewed it's sublease for the land with the Port and that the Port is in breach of it's sublease obligation to extent the master lease with DSL for 30 years.
Judge Jelderks agrees with the claim saying, in part, that the Port's arguments for not entering the 30 year extension with the state are not supported by fact. He states that the claim should be granted Oregon LNG.
The Port had argued that Oregon LNG "could be" in material breach of the sublease because they did not submit a final master plan that included an 18 hole golf course on the property. The judge found that the sublease required Oregon LNG and the Port to submit that plan. When final version of the plan was submitted he says the Port did not object to the lack of a golf course.
Further he says when the zoning was changed on the land to a use that would be incompatible with a golf course the Port did not object. Judge Jelderks says there is no evidence to suggest that Oregon LNG was in material breach in any way.
The Port had argued that it would be irresponsible to enter into a 30 year lease extension when the Department of Justice was investigating former Port Director Peter Gearin over the flap about making a sweetheart deal with the energy company in order to get his girlfriend, now wife, a job with the company.
The Judge writes: "This conclusion does not support defendants' contention that it is not obligated to extend the Master Lease at this time. There is no evidence that impropriety on the part of the former Port Executive Director in any way affected the Port's negotiation of the leases in question, that the Port Commissioners who unanimously voted to approve the leases were misinformed or mislead as to the material terms of the leases, or that execution of the leases was in any manner affected by deceit or fraud on the part of Gearin or anyone else. In the
absence of such evidence, the DOJ's investigation provides no basis for the Port to avoid its
clear contractual obligations."
I could go on and on with this but basically it boils down to exactly what I said when all this came up in the first place.
The Port is risking a multi-million dollar judgement that will cost taxpayers dearly for no good reason. This summary judgement will be passed on to a District Judge. It lays the groundwork
for one of two things. The Port Commissioners get the point and vote to extend the state lease with DSL or, Oregon LNG recovers all it's costs to date.
What was the point again? Oh yes. The Port argued that they are concerned that Oregon LNG will fold and leave them holding the bag for a 30 year lease with the state. The Judge said that's shear speculation not supported by fact as Oregon LNG has been making lease payments for five years and the Port happily cashes those checks without a word.
Oregon LNG asked for a summary judgement on just one of five claims regarding the Port's failure to extend the state lease to 30 years with DSL to match the lease Oregon LNG holds with the Port on the lands on the Skippanon. That claim is very basic: Oregon LNG has renewed it's sublease for the land with the Port and that the Port is in breach of it's sublease obligation to extent the master lease with DSL for 30 years.
Judge Jelderks agrees with the claim saying, in part, that the Port's arguments for not entering the 30 year extension with the state are not supported by fact. He states that the claim should be granted Oregon LNG.
The Port had argued that Oregon LNG "could be" in material breach of the sublease because they did not submit a final master plan that included an 18 hole golf course on the property. The judge found that the sublease required Oregon LNG and the Port to submit that plan. When final version of the plan was submitted he says the Port did not object to the lack of a golf course.
Further he says when the zoning was changed on the land to a use that would be incompatible with a golf course the Port did not object. Judge Jelderks says there is no evidence to suggest that Oregon LNG was in material breach in any way.
The Port had argued that it would be irresponsible to enter into a 30 year lease extension when the Department of Justice was investigating former Port Director Peter Gearin over the flap about making a sweetheart deal with the energy company in order to get his girlfriend, now wife, a job with the company.
The Judge writes: "This conclusion does not support defendants' contention that it is not obligated to extend the Master Lease at this time. There is no evidence that impropriety on the part of the former Port Executive Director in any way affected the Port's negotiation of the leases in question, that the Port Commissioners who unanimously voted to approve the leases were misinformed or mislead as to the material terms of the leases, or that execution of the leases was in any manner affected by deceit or fraud on the part of Gearin or anyone else. In the
absence of such evidence, the DOJ's investigation provides no basis for the Port to avoid its
clear contractual obligations."
I could go on and on with this but basically it boils down to exactly what I said when all this came up in the first place.
The Port is risking a multi-million dollar judgement that will cost taxpayers dearly for no good reason. This summary judgement will be passed on to a District Judge. It lays the groundwork
for one of two things. The Port Commissioners get the point and vote to extend the state lease with DSL or, Oregon LNG recovers all it's costs to date.
What was the point again? Oh yes. The Port argued that they are concerned that Oregon LNG will fold and leave them holding the bag for a 30 year lease with the state. The Judge said that's shear speculation not supported by fact as Oregon LNG has been making lease payments for five years and the Port happily cashes those checks without a word.
Here's An Idea For Christmas
I think anyone would agree that it's been a tough, stressful year. If you work hard I believe you owe it to yourself to play hard as well.
Here's your invitation to come along as we take off for our fourth annual NNB radio cruise. Each year, working with Sundial Travel, we've managed to come up with great vacation trips cruising to Alaska, the islands of the Caribbean and Mexico.
This year we go in April for a very special cruise that only happens once a year.
We are traveling to the world's most famous destination. The Hawaiian islands offer warm weather and beautiful beaches to explore year-round but it can be quite expensive to see more than one island in a single trip. Our cruise aboard the top-rated Carnival Spirit starts in Oahu and visits Maui, Kauai and the big island Hawaii. We arrive early enough to spend the afternoon in Honolulu, overnight in port and depart the following afternoon. We spend a couple days in Maui and a couple days on the Big Island and a day on Kauai.
The best part is you take your hotel, restaurants, personal service, and world class entertainment with you. No packing and unpacking over and over. No valuable time spend waiting for commuter flights or checking into numerous hotels. It's all taken care of once.
Those are just a few of the reasons why cruising is the preferred way to vacation and the only sector of the travel industry that grows regardless of the economy.
There's more.
After we have experienced all the best Hawaii has to offer we spend a few days at sea relaxing as the Spirit takes us on a transpacific cruise to our final stop in Vancouver, BC.
This trip has everything you would want and at a package price no one else can offer. The package includes all transportation, your cabin, meals, on-board gratuities and starts around
$1950 per person for 12 of the best days you'll ever have. We take our travel agent along too so cruise expert Bruce Conner is right there to handle everything.
Consider putting the "Cruise with Tom" and NNB radio under your tree this Christmas and come along on our adventure.
Talk to Ruth at Sundial Travel in Astoria and she will tailor the trip to suit your desires.
Toll-free its 1-800-433-1164 or locally call 503-325-4484
To those of you who read this blog throughout the country..This invitation is for you as well. I'd love to meet you.
Here's your invitation to come along as we take off for our fourth annual NNB radio cruise. Each year, working with Sundial Travel, we've managed to come up with great vacation trips cruising to Alaska, the islands of the Caribbean and Mexico.
This year we go in April for a very special cruise that only happens once a year.
We are traveling to the world's most famous destination. The Hawaiian islands offer warm weather and beautiful beaches to explore year-round but it can be quite expensive to see more than one island in a single trip. Our cruise aboard the top-rated Carnival Spirit starts in Oahu and visits Maui, Kauai and the big island Hawaii. We arrive early enough to spend the afternoon in Honolulu, overnight in port and depart the following afternoon. We spend a couple days in Maui and a couple days on the Big Island and a day on Kauai.
The best part is you take your hotel, restaurants, personal service, and world class entertainment with you. No packing and unpacking over and over. No valuable time spend waiting for commuter flights or checking into numerous hotels. It's all taken care of once.
Those are just a few of the reasons why cruising is the preferred way to vacation and the only sector of the travel industry that grows regardless of the economy.
There's more.
After we have experienced all the best Hawaii has to offer we spend a few days at sea relaxing as the Spirit takes us on a transpacific cruise to our final stop in Vancouver, BC.
This trip has everything you would want and at a package price no one else can offer. The package includes all transportation, your cabin, meals, on-board gratuities and starts around
$1950 per person for 12 of the best days you'll ever have. We take our travel agent along too so cruise expert Bruce Conner is right there to handle everything.
Consider putting the "Cruise with Tom" and NNB radio under your tree this Christmas and come along on our adventure.
Talk to Ruth at Sundial Travel in Astoria and she will tailor the trip to suit your desires.
Toll-free its 1-800-433-1164 or locally call 503-325-4484
To those of you who read this blog throughout the country..This invitation is for you as well. I'd love to meet you.
November 19, 2009
Oregon LNG
There have been two significant developments regarding Oregon LNG this week. The first came on Tuesday when the court ruled that the Port of Astoria should enter into the 30 year lease with DSL and Oregon LNG for the lands on the Skippanon. I asked Oregon LNG CEO
Peter Hansen to comment this morning:
Tom,
This ruling does not specifically force the Port to do anything. However, it does indeed pave the way for future rulings to force the Port's hand. We expect the Port to do the right thing and renew the 30 year lease.
Peter
With that said, it is not likely that the Port will take this ruling as a directive since so much potential revenue is at stake. At this point if the Port were to follow the court suggestion it could be tantamount to admitting that the original lease agreement should stand.
The Port Commission is looking to it's own bottom line and it's responsibility to district constituents in taking actions to resolve the Skippanon ownership issues that Commissioner Floyd Holcom has brought forward. They've even hired an attorney who, until his current term ends, sits on the board of Columbia River Keepers (the same organization whose volunteers were quite active in the recent recall campaigns against Commission Chair Hazen and former
Commissioner Ann Samuelson) to pursue it's claims and handle the suit against Oregon LNG. For his part, that attorney told us that his reason for joining that organization years ago came from concerns over the long overdue clean up of the Willamette. It still seems to represent a conflict.
Peter Hansen to comment this morning:
Tom,
This ruling does not specifically force the Port to do anything. However, it does indeed pave the way for future rulings to force the Port's hand. We expect the Port to do the right thing and renew the 30 year lease.
Peter
With that said, it is not likely that the Port will take this ruling as a directive since so much potential revenue is at stake. At this point if the Port were to follow the court suggestion it could be tantamount to admitting that the original lease agreement should stand.
The Port Commission is looking to it's own bottom line and it's responsibility to district constituents in taking actions to resolve the Skippanon ownership issues that Commissioner Floyd Holcom has brought forward. They've even hired an attorney who, until his current term ends, sits on the board of Columbia River Keepers (the same organization whose volunteers were quite active in the recent recall campaigns against Commission Chair Hazen and former
Commissioner Ann Samuelson) to pursue it's claims and handle the suit against Oregon LNG. For his part, that attorney told us that his reason for joining that organization years ago came from concerns over the long overdue clean up of the Willamette. It still seems to represent a conflict.
November 18, 2009
They What?
Oh yes, they did.
Columbia River keepers ,apparently ,very actively participated in the recent recall election. It doesn't come as any surprise considering River keepers involvement in the LNG issue but the problem for the non-profit environmental organization is that 501 (c)3 non-profits are strictly prohibited from participating in political campaigns of any kind. An article on the local news website NCO reveals an email exchange between local river keeper staffer Olivia Schmidt and the organization's head guy Brett VandenHeuvel following the Hazen/Samuelson recall election where Olivia is seeking advice about how to word a news release so that it doesn't look as though anti-LNG forces completely failed to make their point with a recall campaign that was clearly a loss for them.
An independent organization that supports the energy industry has called for Columbia River keeper's board of directors to review the actions of it's staff and volunteers to determine if there was a violation of the prohibition against non-profits getting involved in any political campaign. VandenHeuvel had, during the course of the campaign, sent a message to former Commissioner Samuelson to "clear up a rumor" that his organization was involved in the recall in any way. These emails between Olivia and VandenHeuvel seem to conflict with his statements.
It's sad to see Columbia River keeper in this situation. The organization is a major player in serious waterway clean-up efforts and as such has garnered huge donations for that work. It may well be that a handful of individuals have placed this organization in considerable jeopardy.
Comment here: http://webfoot.womf.com/83447/On-The-RecallLNG-Front
Columbia River keepers ,apparently ,very actively participated in the recent recall election. It doesn't come as any surprise considering River keepers involvement in the LNG issue but the problem for the non-profit environmental organization is that 501 (c)3 non-profits are strictly prohibited from participating in political campaigns of any kind. An article on the local news website NCO reveals an email exchange between local river keeper staffer Olivia Schmidt and the organization's head guy Brett VandenHeuvel following the Hazen/Samuelson recall election where Olivia is seeking advice about how to word a news release so that it doesn't look as though anti-LNG forces completely failed to make their point with a recall campaign that was clearly a loss for them.
An independent organization that supports the energy industry has called for Columbia River keeper's board of directors to review the actions of it's staff and volunteers to determine if there was a violation of the prohibition against non-profits getting involved in any political campaign. VandenHeuvel had, during the course of the campaign, sent a message to former Commissioner Samuelson to "clear up a rumor" that his organization was involved in the recall in any way. These emails between Olivia and VandenHeuvel seem to conflict with his statements.
It's sad to see Columbia River keeper in this situation. The organization is a major player in serious waterway clean-up efforts and as such has garnered huge donations for that work. It may well be that a handful of individuals have placed this organization in considerable jeopardy.
Comment here: http://webfoot.womf.com/83447/On-The-RecallLNG-Front
November 11, 2009
Opportunties We Should Not Miss
Something a little different today.
For many years local people in the know have recognized that the city of Warrenton, with it's acres of flat land and ready access to highway 101, represents the future when it comes to urban development on this part of the Oregon coast.
Over the next few years we'll see major commercial development and a continuation of the residential development. More streets, more intersections, more traffic lights, more vehicles on those roads. Perhaps we'll need a bigger public transport system to go with all that.
Warrenton is well on it's way to separating it's civic identity from that of Astoria. The proposal favored by a majority of Warrenton businesses polled so far to establish a Chamber of Commerce separate from Astoria is yet another indication that this city is ready to move past old associations and create a unique identity.
This takes little away from Astoria. In fact, there are definite advantages to having a swiftly developing modern commercial center right on your door step. Those big box businesses and national franchises will find themselves welcomed in Warrenton as they do not fit Astoria's approach.
Astoria will benefit if it continues to enhance it's historic character and focuses on attractive lifestyle amenities like the nice hotels that have been springing up. Encourage improvements to tourism offerings like those offered by the Clatsop County Historical Society and the Maritime Museum. Astoria should go to bat for those organizations on every front. Astoria as a center for government continues to make sense but more government services makes for more demand on parking and that needs to be addressed. Astoria needs to prepare for a future that must include a downtown core without deserted rundown buildings and full of those little touches tourists enjoy. Wider sidewalks might be a good idea simply to accommodate outdoor dining without people tripping over tables. Pocket parks like the long-in-coming Chinese park are crucial.
The one issue there is the current location of Columbia Memorial Hospital. It's run out of room and might be more effective in all of it's services by relocating to Warrenton. With the increasing number of seniors in need of assisted living perhaps the existing Hospital building might be better utilized for that purpose. It was explained to me once that Columbia Memorial was laid out like a senior home anyway.
Yes, there is room for industry. Yes, Warrenton's mooring basins need a face lift that would include more commercial development and services. Imagine a waterfront hotel..imagine more than one.
The possibilities are limitless.
Comment here: http://webfoot.womf.com/82591/Opportunities
For many years local people in the know have recognized that the city of Warrenton, with it's acres of flat land and ready access to highway 101, represents the future when it comes to urban development on this part of the Oregon coast.
Over the next few years we'll see major commercial development and a continuation of the residential development. More streets, more intersections, more traffic lights, more vehicles on those roads. Perhaps we'll need a bigger public transport system to go with all that.
Warrenton is well on it's way to separating it's civic identity from that of Astoria. The proposal favored by a majority of Warrenton businesses polled so far to establish a Chamber of Commerce separate from Astoria is yet another indication that this city is ready to move past old associations and create a unique identity.
This takes little away from Astoria. In fact, there are definite advantages to having a swiftly developing modern commercial center right on your door step. Those big box businesses and national franchises will find themselves welcomed in Warrenton as they do not fit Astoria's approach.
Astoria will benefit if it continues to enhance it's historic character and focuses on attractive lifestyle amenities like the nice hotels that have been springing up. Encourage improvements to tourism offerings like those offered by the Clatsop County Historical Society and the Maritime Museum. Astoria should go to bat for those organizations on every front. Astoria as a center for government continues to make sense but more government services makes for more demand on parking and that needs to be addressed. Astoria needs to prepare for a future that must include a downtown core without deserted rundown buildings and full of those little touches tourists enjoy. Wider sidewalks might be a good idea simply to accommodate outdoor dining without people tripping over tables. Pocket parks like the long-in-coming Chinese park are crucial.
The one issue there is the current location of Columbia Memorial Hospital. It's run out of room and might be more effective in all of it's services by relocating to Warrenton. With the increasing number of seniors in need of assisted living perhaps the existing Hospital building might be better utilized for that purpose. It was explained to me once that Columbia Memorial was laid out like a senior home anyway.
Yes, there is room for industry. Yes, Warrenton's mooring basins need a face lift that would include more commercial development and services. Imagine a waterfront hotel..imagine more than one.
The possibilities are limitless.
Comment here: http://webfoot.womf.com/82591/Opportunities
November 10, 2009
Recall Replacement Process
Taken from the county news release:
Under the Clatsop County charter, the board must appoint a new commissioner to the vacant seat within 45 days. The board has tentatively set the following schedule for the replacement process:
· Nov. 12 – Board declares vacancy, sets timeline
· Nov. 13-Nov. 30 – County accepts applications
· Dec. 2 – Board hosts public meet-and-greet of applicants; interviews applicants
· Dec. 4 – Board makes selection
The new Clatsop County Commissioner for district 5 will be a very important selection on the part of Jeff Hazen, John Raichl, Patricia Roberts and, Dirk Rohne. The individual they select could join forces with Commissioner Rohne in opposition to job creating construction projects or be the kind of person who comes to the commission as a thoughtful advocate for what makes sense and therefore represents the interests of the majority of county residents while at the same time representing the concerns of a district that has been divided by the recall. The impending recall election for Patricia Roberts will happen after this process has been completed. If she should be recalled the board could be split over her replacement based on the decision made about Ann Samuelson's replacement in District 5.
In short, this decision will determine the future direction of the entire county.
(comment here: http://webfoot.womf.com/82471/A-Key-Decision )
Under the Clatsop County charter, the board must appoint a new commissioner to the vacant seat within 45 days. The board has tentatively set the following schedule for the replacement process:
· Nov. 12 – Board declares vacancy, sets timeline
· Nov. 13-Nov. 30 – County accepts applications
· Dec. 2 – Board hosts public meet-and-greet of applicants; interviews applicants
· Dec. 4 – Board makes selection
The new Clatsop County Commissioner for district 5 will be a very important selection on the part of Jeff Hazen, John Raichl, Patricia Roberts and, Dirk Rohne. The individual they select could join forces with Commissioner Rohne in opposition to job creating construction projects or be the kind of person who comes to the commission as a thoughtful advocate for what makes sense and therefore represents the interests of the majority of county residents while at the same time representing the concerns of a district that has been divided by the recall. The impending recall election for Patricia Roberts will happen after this process has been completed. If she should be recalled the board could be split over her replacement based on the decision made about Ann Samuelson's replacement in District 5.
In short, this decision will determine the future direction of the entire county.
(comment here: http://webfoot.womf.com/82471/A-Key-Decision )
Commentary on WOMF
Our new webfoot.womf.com website is the ideal place to comment on Coast watch commentary. here's a link to the latest on LNG:
http://webfoot.womf.com/82469/Heres-Oregon-LNGs-Stand
http://webfoot.womf.com/82469/Heres-Oregon-LNGs-Stand
November 05, 2009
What They Say And The Truth
Clatsop County Commissioner Pat Roberts is now facing a December recall vote. The approach petitioners are taking is the same as that taken in the recall of Commissioner Ann Samuelson and the unsuccessful attempt to recall Commission Chair Jeff Hazen in blaming them for moving LNG along in Clatsop County but adds a charge that as a member of the NW Oregon Housing authority she failed to keep that agency out of financial trouble earlier this year. This is mis-directed against Roberts. As she states in her ballot response, it was she who provided the leadership that actually got money flowing back to those who depend on help for paying their rent after significant federal cutbacks hit the program. She says she also helped in getting the agency better organized. Having sat on many local boards over the years I can tell you that staff only tells you what they think you need to know and unless it just happens to occur to you to ask the question potentially embarrassing operational blunders don't come to light until it's an emergency. It shouldn't be that way and usually results in the firing of the staff director if it's clear that the problem could have been avoided. So it doesn't matter what position you may have on these boards under these circumstances. What matters are the steps you take to correct the problem and Roberts did just that.This recall is still about decisions on LNG made by the Commission. Decisions that were carefully considered. Vote No
Comment here: http://webfoot.womf.com/81964/Next-Recall-Coming
Comment here: http://webfoot.womf.com/81964/Next-Recall-Coming
November 02, 2009
Today's Mail
Peter Hansen, CEO for Oregon LNG writes:
Last week a letter from the Attorney Generals office was released alleging misconduct by the former executive director of the Port of Astoria five years ago. I am writing to point out some facts about the letter, which was written by Sean J. Riddell, chief counsel at the Attorney Generals office.
According to earlier statements from the Attorney Generals office, neither Oregon LNG nor I were ever targets of this investigation. Further, last week's letter makes no accusations or charges of any kind against Oregon LNG or against me.
The letter has absolutely no bearing on the sublease agreement between the Port of Astoria and Oregon LNG. In fact, the letter, which says the investigation "interviewed 31 people, issued 11 Attorney General subpoenas, [and] reviewed hundreds of pages of documents" never once mentions the sublease.
Additionally, the sublease was neither approved nor signed by the former Port Executive Director. It was approved unanimously by the votes of the five Port Commissioners and signed by the Commission President in 2004. Four of the five Commissioners have publicly and recently stated that the process was proper and above-board. Attorneys for all parties-including the Oregon Department of State Lands and the Port of Astoria-were fully satisfied with the process.
The investigation and it's conclusion have no bearing on Oregon LNG or on our sublease with the Port of Astoria. Our sublease with the Port of Astoria is a valid, legally binding contract and we continue to expect the Port to honor the contractual commitments it has made.
-----------------------------------------------------------------------------------------------
There has been a great deal of speculation in the press and on the web about the possible impact of the Peter Gearin investigation. Some writers say this could allow the Port to make the case that the sublease itself is invalid. That might be true if the sublease had been approved and signed by Gearin but it was not. Gearin, acting as the Director made the recommendation to the Port Commissioners to accept the terms of the lease with DSL and the terms of the sublease with Calpine. That sublease passed to Oregon LNG. If an investigation were to reveal that the Port Commission members or the Port Commission President in 2004 had personally benefited from signing the agreement it might be an entirely different matter. There hasn't been any investigation regarding this point and there is no reason to believe it is necessary to do so.
The sublease was written in such a way as to give Oregon LNG unilateral authority to pick up two 30 year options immediately following the end of the first five year term. They did so and well within the stipulated deadline to exercise the option. This sublease is said to mirror the Port's lease with the Division of State Lands.
The current Port Commission has decided to dig in it's heels regarding the lease with DSL attempting to forestall the first 30 year option by entering into an agreement with the state to extend the first five year option.
Oregon LNG is suing the Port for breach of contract and the Port has filed a counter suit.
Port Commissioner Floyd Holcom has serious doubts that the Port should have to pay anything to DSL. He believes that, based on his historical research, the Port owns the submerged and submersible lands on the Skipanon and therefore should be able to forge it's own direct lease with Oregon LNG, if they choose to do so, which could result in a big payday for the Port of Astoria. Right now the money Oregon LNG pays for the sublease passes directly to the State to pay the Port's lease with DSL. If it is found that Holcom is right about the actual ownership then that would likely invalidate the current DSL lease and possibly the sublease it is based upon depending on how the sublease was written.
This ownership issue is key to this controversy.
Last week a letter from the Attorney Generals office was released alleging misconduct by the former executive director of the Port of Astoria five years ago. I am writing to point out some facts about the letter, which was written by Sean J. Riddell, chief counsel at the Attorney Generals office.
According to earlier statements from the Attorney Generals office, neither Oregon LNG nor I were ever targets of this investigation. Further, last week's letter makes no accusations or charges of any kind against Oregon LNG or against me.
The letter has absolutely no bearing on the sublease agreement between the Port of Astoria and Oregon LNG. In fact, the letter, which says the investigation "interviewed 31 people, issued 11 Attorney General subpoenas, [and] reviewed hundreds of pages of documents" never once mentions the sublease.
Additionally, the sublease was neither approved nor signed by the former Port Executive Director. It was approved unanimously by the votes of the five Port Commissioners and signed by the Commission President in 2004. Four of the five Commissioners have publicly and recently stated that the process was proper and above-board. Attorneys for all parties-including the Oregon Department of State Lands and the Port of Astoria-were fully satisfied with the process.
The investigation and it's conclusion have no bearing on Oregon LNG or on our sublease with the Port of Astoria. Our sublease with the Port of Astoria is a valid, legally binding contract and we continue to expect the Port to honor the contractual commitments it has made.
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There has been a great deal of speculation in the press and on the web about the possible impact of the Peter Gearin investigation. Some writers say this could allow the Port to make the case that the sublease itself is invalid. That might be true if the sublease had been approved and signed by Gearin but it was not. Gearin, acting as the Director made the recommendation to the Port Commissioners to accept the terms of the lease with DSL and the terms of the sublease with Calpine. That sublease passed to Oregon LNG. If an investigation were to reveal that the Port Commission members or the Port Commission President in 2004 had personally benefited from signing the agreement it might be an entirely different matter. There hasn't been any investigation regarding this point and there is no reason to believe it is necessary to do so.
The sublease was written in such a way as to give Oregon LNG unilateral authority to pick up two 30 year options immediately following the end of the first five year term. They did so and well within the stipulated deadline to exercise the option. This sublease is said to mirror the Port's lease with the Division of State Lands.
The current Port Commission has decided to dig in it's heels regarding the lease with DSL attempting to forestall the first 30 year option by entering into an agreement with the state to extend the first five year option.
Oregon LNG is suing the Port for breach of contract and the Port has filed a counter suit.
Port Commissioner Floyd Holcom has serious doubts that the Port should have to pay anything to DSL. He believes that, based on his historical research, the Port owns the submerged and submersible lands on the Skipanon and therefore should be able to forge it's own direct lease with Oregon LNG, if they choose to do so, which could result in a big payday for the Port of Astoria. Right now the money Oregon LNG pays for the sublease passes directly to the State to pay the Port's lease with DSL. If it is found that Holcom is right about the actual ownership then that would likely invalidate the current DSL lease and possibly the sublease it is based upon depending on how the sublease was written.
This ownership issue is key to this controversy.
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