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Comments are are not necessarily those of station owners, managers or, staff. Listen for Tom Freel on KAST 1370 and on line at kast1370.com



February 05, 2010

OLNG Suit Moving Right Along

Before we get into this latest ruling on Oregon LNG and the Port I'd like to direct your attention to the "Critical Links" list on this page. The first link takes you to a detailed document from Oregon DEQ on a meeting dealing with Bradwood LNG coming up at Knappa High in March. You'll need to use adobe acrobat to open the link.

Moving forward....

To paraphrase Judge John Jelderks, unless the Port Of Astoria commission immediately takes steps with DSL to enter into the 30 year lease for the Skipanon property it risks public confidence, it risks payment of steep damages, it shakes the foundation of trust that must exist between those who enter into contracts with public agencies and those who let those contracts.

This judgement is not the final word but suggests the final outcome.

The Judge is recommending that an injunction against the Port be issued that would have the effect of the courts over-riding the Port Commission. It's a little sad that it's coming to this.

People need to have confidence in the decisions made by elected officials. Elected officials need to bolster that confidence with demonstrations of clear thinking, a desire to prove leadership. No government body should be a plaything risking public money and public trust.

These are not high ideals. They are the basic commitment one makes in accepting office. If one is not capable, lacks the understanding or the true desire to fulfill these simple requirements then that person needs to resign.

Immediately.

11 comments:

  1. Risking the "Public Trust" Jelderks suggests?

    Unless somebody can tell me there is a clear line of ownership on all Port Properties and that, from day one, that lease is in anyway valid and that there is a true and legal order from whatever agency acting on behalf of the Stake Holders here in this Port, the citizens of Clatsop County and The State of Oregon, I would, based on a mere recommendation from a judge waving veiled threats, hold until there are no more questions at all as to who stands where, exactly.

    Secretary of State?

    Oregon Attorney General?

    Oregon Department of Justice?

    Deparment of State Lands?

    All together?

    But get it done first.

    Port Counsel needs to produce a "Pulbic Position Statement" as well, as to exactly what the hell they are doing and the strategy behind it, if there is any whatsoever.

    ReplyDelete
  2. Okay. Here you go.
    I love to speculate as much as you do so let's just say that the PofA owns the property it is currently leasing from the state. In that case the Port may dissolve it's lease with the state. But they still have a separate lease with OLNG that doesn't go away. In this case the Port collects the $38,500 and it goes into the Port coffers. Let's say the state does actually own the submerged and submersible lands involved and not the Port. In that case the Port is in breach on it's lease with OLNG at this point because it does not have control of the property for the same 30 year period that OLNG is already paying them for.

    The legality of the lease between the Port and OLNG is not in question.

    I'm sure the current commission would love to blame this on the courts but the courts didn't sign the deal. The Port did.

    This has nothing to do with anything else. It's really simple.

    ReplyDelete
  3. And my point to your point...key words..."Let's just say"...."Speculate" and they all reflect unsettled and vague conditions of the issue.

    It certainly is not a "Cut-And-Dried" resolution to this and judges can firmly recommend all they want but, I would rather have the entire situation settled and then move forward from there.

    And what is it Hansen says, paraphrasing, "ONLG wants to get this cleared up so they can move forward with attracting investors". Attracting investors?

    Six years holding that property and they are just talking attracting investors in a waining market window for this kind of operation?

    With this new emphasis in Warrenton's strtegies as a "Regional Retail Hub" and the beauty and location of Skipanon Peninsula, is an LNG Receiving Terminal the best move here and especially for 20 to 60 endjobs?

    ReplyDelete
  4. Anonymous11:29 AM

    Patty McGee needs ask his law school for his money back. Once again, he is trying to get involved in something he knows nothing about.
    Good job, Tom!

    ReplyDelete
  5. "Anonymous said...
    Patty McGee needs ask his law school for his money back. Once again, he is trying to get involved in something he knows nothing about.
    Good job, Tom!"
    Well, "Anonym", instead of turning this coversation into an "NCO Style", "Pat versus Tom" flaming contest, why don't you clarify exactly what it is I know nothing about?

    And while you are at it and out of respect for Freel and me being willing to be accountable for what we say, why don't you suck it up a face the fear of being eaten by your own kind and come out from behind you little protective shield of "Anonymity" and stand-up and speak-up as a contributing citizen of the community if, that is, you are from here at all.

    Freel does do a "Good Job" whether I agree with him or not and does try to present good input on issues, this being one, so why not contructively add to it and maybe, just maybe, seek valid solutions?

    ReplyDelete
  6. Anonymous10:00 AM

    Contract law is very strait forward with a long history of case law to support it; Offer, Acceptance and Consideration are the three legs. I don't know who is giving the PofA legal advise, but who ever it is, they need to be fired.

    ReplyDelete
  7. Anonymous3:13 PM

    Mcgee, why would anyone in their right mind identify themselves after what we've all seen the citizens against virtually everything...CAVE's do to our government and local volunteers. I'm wondering if the Port Commisioners are putting the port in liability so that they will not be personally attacked. It seems if your OBVIOUSLY NEUTRAL, or ANTI, these wingnuts will leave you alone, if you make the tough decisions in a legal and forthright manner you really get it from them and the daily astorian. n Clatsop County has become almost ungovernable.

    ReplyDelete
  8. And you just gave every reason why you should "anonym".

    Anonym:"An anonymous person; An assumed or false name; a pseudonym; A mere name; a name resting upon no diagnosis or other recognized basis"

    Is this where you want to be in the historic record on the dialogoue and future of this issue?

    Then protect "The Rountable" at all costs but, you must know it is all threatened by your silence and is crumbling as I write this.

    ReplyDelete
  9. Anonymous8:01 PM

    Patty McGee, as long as a selected response is anonyous and as long as things you associate with seem to reep the vengence of certain people, I will remain anonyous. Likewise, I will never understand why the message must have an author. Certainly that was not a principle of the founding fathers. I must assume you only want a name so you can retaliate. Thus, anyone who provides you with identification must be stupid. With regard to what you know nothing about, I must say I know of nothing you seem to know about.
    Certainly you spew many words, usually of hate, but trying to tie them togehter to form meaning is fruitless.
    With regard to Tom doing a good job, yes, he does a great job in spite of you and your minions that tear everything down.

    ReplyDelete
  10. Well, "Anonym", I don't recollect seeing the signature, "Anonymous" signed on any of those documents that those "Founding Fathers" provided us, assuring us those freedoms either.

    You?

    Now, back to "The Port".

    What do you think of shipping timber out of here, off Piers 1 & 3
    or do you prefer the "Gearin Era" path of "Business Park/Upscale Marina Resort" on Port-Proper property?

    ReplyDelete
  11. Anonymous7:15 PM

    Ah, Patty, of course the founders were not anonymous in official documents. But they did write anonymous letters to newspapers and wrote editorials under fictuous names. Just look at what Ben Franklin did to make a point. Patty, there is a difference between official documents and newspapers just like there is a difference between legal documents and places like websites. As aways, you try to make points that accomodate your perspective and, as always, you fall short. Poor Patty! Why do you think your views on everything need to be disseminated to everyone? Do you think you are really that smart (and, if so, why did you move here from Grand California to sit in your little house on a little hill in a little town, drawing your little pictures while venturing outside only when necessary for fear people will do you harm)?

    ReplyDelete