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Public Development Authority. Public Corporations/Public Development Authorities (PDA) (RCW 35.21.730 - 35.21.755) Can be created by a municipality A significant number of them in the statePike Place Market Foss Development Authority
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1. Port of Port Angeles
HarborWorks
PUBLIC DEVELOPMENT AUTHORITY
2. Public Development Authority Public Corporations/Public Development Authorities (PDA)(RCW 35.21.730 - 35.21.755)
Can be created by a municipality
A significant number of them in the state
Pike Place Market
Foss Development Authority – Tacoma
Hurricane Ridge
Etc.
3. Purpose The statutory purpose for the creation of a public corporation under this statute is to improve the administration of authorized federal grants or programs, to improve governmental efficiency and services, or to improve the general living conditions in the urban areas of the state.
4. HarborWorks Created by the City of Port Angeles, May 2008
Jointly Funded by Port and City
Purpose:
Economic Development, create jobs and economic base by acquiring, cleanup and redevelop the Rayonier Pulp Mill Site
Protect the Environment by resolving combined sewer overflow (CSO)
5. Continued Purpose:
Enhance and protect natural resources
Respect heritage and cultural resources
As a public authority utilize MTCA funds to expedite the process (last dollar in)
Limit liability for both the Port and City of Port Angeles.
6. Rayonier Mill Site History Native American Tribes
1887 – Puget Sound Cooperative Colony
1917 – Spruce mill on site for Federal Government (spruce for airplanes)
1930 – Pulp mill operations start, becomes Rayonier in 1937
1930 - 1997 – Mill operated
1997 – Mill closed More than 360 jobs lost
8. 75 Acres of Waterfront Property
10. Port Preferred Alternative Use
11. THE STAKEHOLDERS Rayonier LLC.
Department of Ecology
Environmental Protection Agency
Department of Natural Resources
US Fish and Wildlife & WDFW
Army Corp of Engineers
Lower Elwha Klallam Tribe
Jamestown Klallam Tribe
Port Gamble Tribe (others?)
City of Port Angeles
Port of Port Angeles
Community
12. The Framework: Rayonier obligated to fully fund the cleanup
HarborWorks to provide backstop or cost cap on cleanup
If extraordinary cleanup efforts (unanticipated) HarborWorks to access MTCA funds (last dollar in)
Based on the due diligence study clean up could be accomplished without MTCA subject to negotiations with Rayonier and DOE
Cost of cleanup exceeds the market value of the property
Rayonier would pay for cleanup less the value of the property
Port and City would purchase the property when cleaned up or a Developer would be involved
13. Timeline 1999 DOE signs an agreement with Elwha Tribe for a right of concurrence on cleanup decisions
2000 EPA defers site to DOE & establishes 2004 timeline for final clean up action plan
2002 DOE and Rayonier enter into Agreed Order for RI of marine portion of site
2004 DOE and Rayonier enter into second Agreed Order for RI/FS of uplands
2005-2007 DOE is sued by Rayonier on standards of cleanup
2007 DOE Toxics Cleanup Program takes over management of project
2008 (March) DOE, City, Rayonier and Port agree to work jointly to advance the clean up
2008 DOE begins harbor sediment studies
2008 (May) HarborWorks formed by City of Port Angeles jointly with Port of Port Angeles
14. Timeline 2009 DOE releases preliminary off property soil dioxin study
2008-2010 HarborWorks conducts due diligence, integrates all data on upland contamination, estimates cost of cleanup, market demand and site development concepts
2009-2010 HarborWorks negotiates with Rayonier to acquire property and facilitate the upland cleanup
2010 (January-March) DOE and Rayonier enter into a third agreed order for additional studies. (Three more years of study without any clean up)
2010 City of Port Angeles and Rayonier agree to negotiate on property and tank for CSO
2010 (June) Rayonier breaks off negotiations with HarborWorks indicating to much risk and to many unknowns on the site.
2010 September HarborWorks Board takes action to begin dissolution organization.
16. Accomplishments: Combined Sewer Overflow (has a solution)
Protecting the Harbor from raw sewage
Protecting our natural resources
Due diligence provided:
Market Demand
Compiled data in a usable form
Estimated cost of cleanup
Development concepts
Was a catalyst to expedite cleanup efforts
Provided clarity to the public
Engaged the Public
Engaged the Tribes
17. Lessons Learned A small group can influence community opposition
Broad public support required to engage political and agency forces (leaders)
Continuity of Leadership lost in process: DOE, City Manager, City Council, Port
Economy changed access to MTCA funds
Political strategy and community support are key to difficult projects
Unity is required NOT optional!!
18. Lost Opportunity?
19. Another Opportunity Being Considered
20. Thank You… Questions?