No decision on new Blakely docks

Published 12:00 pm Saturday, December 16, 2006

Despite legal threats, council resolves to study the matter further.

The City Council decided, by formal resolution Wednesday, to not decide on whether to allow new docks in Blakely Harbor.

Despite facing a deadline for a final vote on the matter, the council opted to continue public deliberations – on the condition that harbor residents suing the city over dock restrictions will put their lawsuits on hold.

“There’s no predetermined outcome,” said Council Chair Bob Scales, who proposed the extension. “We’ll simply continue the discussion…and have conversations with the litigants and the public.”

The litigants have not formally responded to the council’s resolution, but have previously warned that any move straying from a settlement struck with the city will send the issue back to court.

The settlement plan, commonly referred to as “Option B,” would allow new private docks for landowners with 400 feet of shoreline, or new, privately owned “neighborhood” docks shared by four or more harbor residents.

But that option is clearly not the public’s preference, said Councilwoman Debbie Vancil.

“The majority of folks favor community docks, therefore, we should find a way to make it that happen,” she said.

Vancil’s proposal Wednesday to hold firm on current rules, which allow just two neighborhood docks and one public dock, was met with silence.

“Council, do you understand my motion?” she asked, after no one seconded her proposal.

Some councilors said later that they were afraid a reaffirmation of the ordinance could threaten the city’s legal standing.

But further deliberation was also has risks, others said.

“I’m very disturbed by this,” said Councilman Bill Knobloch. “What kind of message are we sending to the litigants to ask them to continue their stay?”

Councilman Kjell Stoknes said the situation looked dire no matter what action the council took.

“The city’s in an unusual position,” he said. “Anything we do may put us in a situation of risk.”

But the legal challenges are nothing new, with more than 20 lawsuits currently outstanding against the city, according to Vancil.

“Being warned of legal risks is not a way for us to avoid making a decision,” she said.

Public views

Despite the possible financial consequences, most of the more than 1,000 people who have emailed or phoned the city on the Blakely Harbor dock issue favor maintaining the current ordinance restricting new docks, according to city staff.

But those residents may feel differently if they knew how much another round of litigation could cost the city, said Councilman Nezam Tooloee.

Tooloee proposed that the city attorney prepare an estimate of the losses the city could incur should it lose in court.

“I think this is essential,” he said. “(The city) is not-for-profit corporation, of which we are the board. We have a fiduciary responsibility” to let residents know the predicted risks.”

Councilman Jim Llewellyn agreed.

“I think it’s a good idea to let citizens know what they’re in for,” he said.

Most on the council, however, felt that making such an estimate public could weaken the city’s legal position. In a four-to-three vote, councilors rejected Tooloee’s motion to reveal the attorney’s financial assessment.

“I take any lawsuit against the city personally,” said Vancil. “When I’m sued, I’ll protect myself as much as possible. I will not put down my shield.”

Councilman Chris Snow said an estimate of potential damages would give “aid and comfort” to the litigants.

“Therefore, it’s not a good idea to cede that particular advantage in the lawsuit,” he said.

City Attorney Paul McMurray also advised the council not to reveal his estimate.

“It’s not my preference to put it in the public record,” he said. “It might be used by the plaintiffs against the city.”

The city faces damage claims from several harbor residents who successfully challenged a now-defunct dock moratorium.

The moratorium – under which the city refused to accept dock applications – was passed as an emergency measure while the council considered long-term regulations on shoreline uses.

A subsequent ordinance limiting future docks in Blakely Harbor, which is not tied to the dock moratorium, has withstood two legal challenges, but is currently under appeal.

The city also faces a legal fight from those wishing to limit the number of docks.

Island Keepers, a local environmental group, filed an appeal this week of the city’s determination that new docks would not significantly impact the harbor’s marine ecosystem.

The council plans to schedule additional meetings on the dock issue in the coming weeks.