Environmental Programs Director. Emergency Management/Security Officer Environmental Site Project Manager

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1 `MINUTES OF THE PORT OF BELLINGHAM COMMISSION MEETING HELD TUESDAY, JULY 01, 2014 HARBOR CENTER BUILDING CONFERENCE ROOM 1801 ROEDER AVENUE, BELLINGHAM, WASHINGTON Present: Commissioners: Michael McAuley Dan Robbins Jim Jorgensen Staff: Rob Fix Executive Director Daniel Zenk Aviation Director Mike Stoner Environmental Programs Director Fred Seeger Facilities Director Tamara Sobjack Finance Director Elizabeth Monahan Human Resources Director Shirley McFearin Real Estate Director Greg McHenry Planning Analyst Bob Jenkins Risk Administrator Neil Clement Emergency Management/Security Officer Brian Gouran Environmental Site Project Manager Steve Shipman Real Estate Representative Rich Davis Port Counsel Diane McClain Executive Secretary CALL PUBLIC MEETING TO ORDER Commissioner McAuley called the meeting to order at 3:00 p.m. PUBLIC COMMENT PERIOD 1. Lynn Bellinger, 3055 E. Eldridge Avenue, Bellingham, WA- Potholes. Ms. Bellinger presented to the commission a Petition of Concerned Users of Roeder Avenue and Eldridge Avenue containing 36 signatures. Ms. Bellinger explained that the section of roadway where Roeder Avenue meets Seaview Avenue is in very poor condition and asked that the Port of Bellingham make repairs. Facilities Director Fred Seeger responded that the Port is planning to fill the existing potholes, grade the shoulders, and restripe the roadway this summer. Mr. Seeger further added that there needs to be some discussion with multiple parties if seeking long-term repairs. The design and reconstruction of the roadway is complicated by questions of jurisdiction, ownership, right-of-way, railroads, utilities, drainage, stormwater, and expense. Mr. Seeger acknowledged that the high volume of daily traffic has resulted in continuous potholes and added that this section of road is a private drive (owned by the Port) and was never intended nor designed to be the main arterial it has become. With no one else signed up to speak, public comment period was closed.

2 Page 2 CONSENT AGENDA Motion: To adopt Consent Agenda items A through E: A. Approve the minutes of the June 2014, regularly scheduled Commission meeting. B. Voucher Certification and Approval for period June 4, 2014, through June 25, 2014, totaling $2,442, C. Approve Resolution No establishing a Policy and Procedure for accessing Public Records at the Port of Bellingham, updating and superseding Resolution No. 1260, dated August, D. Authorize the Executive Director to execute a contract with Henifin Construction, Inc. of Bellingham, Washington for Painting Projects for 2014 in the amount of $70,159.63, plus a $7,000 contingency, for a total authorized contract amount of $77, E. Approve the KCI Passenger Loading Ramp License Agreement with Horizon Air Industries, Inc. Motion approved with a 3-0 vote. RECESS TO PUBLIC HEARING ON THE FAIRHAVEN COMPREHENSIVE SCHEME OF HARBOR IMPROVEMENTS RELATING TO THE FAIRHAVEN SHIPYARD AND ALL AMERICAN MARINE AREAS Prior to opening the public comment period, Planning Analyst Greg McHenry presented an overview of the Fairhaven Comprehensive Scheme of Harbor Improvements, last updated in December Mr. McHenry explained the Port planning process is such that as specific development projects are identified for inclusion, an amendment to the Fairhaven Comprehensive Scheme of Harbor Improvements is brought forward for public comment prior to recommendation for adoption. Public comment is being sought on the following projects being considered: Rehabilitation of existing marine railway and finger pier or replacement with new travel lift pier, demolition of the Carpenter Building located on the Pier and corresponding pier platform, expansion of the All American Marine Fabrication Building, demolition of Warehouse No. 9 and construction of a new building to house shipyard activities and reconfiguration/expansion of the associated parking, replacing/upgrading existing utilities and modify, replacement or relocation of the shipyard stormwater treatment system, including the various associated storage tanks; and demolition of the Paint Shop, Sand Blast Shed and various accessory out-buildings as may be determined. Mr. McHenry further explained that demolition and reconstruction or relocation and consolidation of facilities may be needed to make more efficient use of the limited shipyard space and improve access to launching facilities. The inclusion of potential projects in the Comprehensive Scheme of Harbor Improvements itself has no fiscal impact to the Port; rather, the total cost of implementation of all of these projects would be in the multiple tens of millions. Mr. McHenry further added that the Fairhaven Comprehensive Scheme of Harbor Improvements does not apportion project costs which may be jointly funded. Possible funding sources could include Model Toxic Control Act (MTCA) Grants, Economic

3 Page 3 Development Investment (EDI) Grants, Potential Liable Party (PLLP) Cost Share, current and future tenant commitments, and/ or taxes. Discussions regarding financial or funding considerations will take place when considering the approval of the annual Port budget, grant applications, construction contracts and/or specific lease terms. The next steps: After soliciting public comment, at the July 15, 2014, Commission Meeting, Port staff will propose approval of Resolution No. 1333, as an official amendment to the Fairhaven Comprehensive Scheme of Harbor Improvements. OPEN THE PUBLIC HEARING ON COMPREHENSIVE SCHEME OF HARBOR IMPROVEMENTS No one from the public signed up for public comment on the Comprehensive Scheme of Harbor Improvements. CLOSE THE PUBLIC HEARING AND RECONVENE THE REGULAR COMMISSION MEETING ACTION ITEMS 1. RENEWAL OF PORT PROPERTY AND CRIME INSURANCE PROGRAMS Motion: Authorize the Executive Director to enter into an insurance contract and authorize payment for the renewal of the Port of Bellingham Property and Crime coverage from July 1, 2014 through July 1, Discussion: Risk Administrator Bob Jenkins reported that the proposed rates for the property insurance program ($648,398, excluding taxes and fees) offered through Alliant Insurance Services have gone up 11.3% due to increased property values, changes in earthquake and flood insurance market conditions and the Port s 2012 loss record. The cost for crime coverage increased 48.3% (up from $1,000 to $1,483, excluding taxes and fees) with the decision to increase the limits from $1 million in 2013 to $2 million in OMNIBUS MUTUAL AID INTERLOCAL AGREEMENT. Motion: Authorize the Executive Director to Authorize the Executive Director to sign the Washington Public Port District Omnibus Mutual Aid Interlocal Agreement subject to minor revisions. Discussion: Emergency Management/Security Officer Neil Clement reported that the proposed mutual aid agreement has been a collaborative effort and 8 years in the making. Mr. Clement explained that he and others in emergency management services, the Port industry, WPPA, and Pacific Northwest Economic Region members have worked together to develop a mutual aid agreement designed for all ports in the State of Washington. Mr. Clement further explained that while State law encourages public and private agencies to develop mutual aid arrangements for reciprocal emergency management aid and assistance in the event of emergencies and disasters, very few agreements exist among Port Districts in Washington State. Mr. Clement explained that a mutual aid agreement executed between

4 Page 4 two or more members will provide a mechanism for its members to voluntarily render or receive assistance if needed in an emergency. Upon execution by the Members, the Interlocal Agreement shall set forth terms and conditions that expeditiously facilitate a request for the provision of equipment, supplies and personnel to and/or from other Members. The Commission praised the efforts and asked for examples as to when this type of mutual aid agreement would be beneficial. Mr. Clement reported that when agencies are responding to events such as the Port s Boathouse fire, or the OSO mudslide, having immediate access to additional specially trained personnel and equipment is vital. 3. COMMISSION MEETING ROOM, AUDIO- VISUAL REMODELING CONTRACT. Motion: Authorize the Executive Director to execute a contract with Dimensional Communications, Inc. for the audio-visual remodeling of the Port of Bellingham Commission meeting room, in the amount of $70,759, plus a 10% contingency of $7,076, for a total authorized contract amount of $77,835. Discussion: Executive Director Rob Fix announced that as part of the 2014 annual budget, the Commission approved the Commission meeting (Harbor Center) room audio-visual remodeling project. Current failing audio and video systems will be replaced with modern digital communications (better microphones), improved displays and interconnectivity among voice, data, and annotation and Internet systems. Room configurations will involve removing knee walls and relocating the podium and media setups. The Port hired Sparling to provide professional consulting services for designing a high quality audio-visual system and addressing ADA compliance statutes, prior to issuing the Request for Proposals (RFP) in June Of the two RFP submittals, the selection committee deemed Dimensional Communications as the most qualified to perform the scope of services needed for the installation of the Integrated Audio-Visual Sound and Presentation System in the Harbor Center Room. It is expected that this work will be completed between July 16, 2014, and August 29, Mr. Fix added that if necessary, the August Port Commission meeting will be held in the Dome room at the Bellingham Cruise Terminal. 4. AMEND THE BELLINGHAM INTERNATIONAL AIRPORT ADVISORY COMMITTEE (BIAAC) AND TECHNICAL AIRPORT ADVISORY COMMITTEE (TAAC) RESOLUTIONS. Motion: Amend the Bellingham International Airport s Advisory Committee (BIAAC) and Technical Airport Advisory Committee (TAAC) Resolution(s) by adopting Resolution Nos. 1320B and 1329A. Discussion: Aviation Director Daniel Zenk explained that the BIAAC serves as an advisory committee to address airport topics related to the community whereas the TAAC committee serves to address technical aviation- related topics. Both committees have guidelines set forth in resolutions adopted by the Commission pertaining to the number of members, the areas/interests the members serve and length of terms served by the members. The

5 Page 5 proposed resolutions will amend those adopted by the Commission on June 12, APPOINTMENT OF NEW BELLINGHAM INTERNATIONAL AIRPORT ADVISORY COMMITTEE (BIAAC) AND TECHNICAL AIRPORT ADVISORY COMMITTEE (TAAC) MEMBERS. Motion: Accept the Bellingham International Airport Advisory Committee (BIAAC) and the Technical Airport Advisory Committee (TAAC) member recommendations and appoint the following members to a three year term: Bellingham International Airport Advisory Committee (BIAAC) Representatives R. Perry Eskridge- Bellingham/Whatcom Tourism Matthew Paskus- Cliffside Community Lisa Neulicht- North County Community Guy Occhiogrosso- Chamber of Commerce April Barker- Birchwood Community Roger Bourm- South County Community Janette Kaiser Columbia Community Technical Airport Advisory Committee (TAAC) Representatives Robert Ingels- Commercial Aviation Robert French- Pilots Association Kevin Weatherbie- Air Cargo Jeff Geer- Airport Business Rob Tobler- Air Traffic Control Deb Logan- Ground Transportation Discussion: Aviation Director Daniel Zenk explained that the purpose of the BIAAC is to serve as a non-technical advisory committee to the Port of Bellingham for airport topics related to the community, whereas the TAAC committee serves as a technical advisory committee to the Aviation Director and the Port Commission on topics related to technical aviation/airport operations. The proposed action, upon approval, will fill all representative positions on both committees, but for one vacant position- the Higher Education representative to the BIAAC. Staff will continue efforts to fill that seat as soon as possible BELLINGHAM INTERNATIONAL AIRPORT TARIFF SCHEDULE. Motion: Approve the 2014 Bellingham International Airport Tariff Schedule, effective July 1, Discussion: Aviation Director Daniel Zenk provided some history of the Airport Tariff Schedule by explaining that in November 2012, Commission approved a restructure of the Airport Tariff Schedule which effectively created the Ground Transportation Service Operator

6 Page 6 (GTSO) Requirements, updated the License To Operate (LTO) agreement for GTSOs and divided the LTO fee structure into 5 separate categories including the Hotel/Motel Shuttle Operator category. A motion presented to the Commission in February 2013 to increase each of the GTSO category fees (setting the Hotel/Motel Operators fee at $50 per month) was tabled by the Commission for future consideration. At the May 20, 2014, Commission meeting, the Commission suggested staff present a recommendation to increase the License To Operate (LTO) fee structure for the Hotel/Motel Shuttle Operator category. Staff again revisited the $50 per month recommended fee and again found the rate to be fair and within the current market rates. 7. GP WEST PULP AND TISSUE CONSENT DECREE FOR DESIGN AND CLEANUP. Motion: Authorize the Executive Director to execute a Consent Decree with the Department of Ecology (Ecology) for the GP West Pulp & Tissue Remedial Action Unit pending no substantive changes to the Draft Consent Decree. Discussion: Environmental Site Project Manager Brian Gouran provided background to the proposed action. Due to the historic industrial operations and contamination at the site, remedial action under the Washington State Department of Ecology (Ecology) Model Toxics Control Act (MTCA) is required and Ecology has identified GP West, Inc. and the Port of Bellingham as potentially liable parties responsible for the cleanup at the site. Mr. Gouran reported that the Port entered into an Agreed Order with Ecology in 2009 to perform a Remedial Investigation and Feasibility study (RI/FS). The Agreed Order was amended twice (2011 and 2013) to allow the Port to perform interim actions at the Site and to separate the Site into two individual remedial action units. Mr. Gouran reviewed the feasibility study (FS) and the Washington State Department of Ecology selected cleanup action for the Pulp and Tissue remedial action unit located on the northern portion of the Site. Pending Commission approval to execute the Consent Decree, Ecology will issue the draft Pulp and Tissue FS, Consent Decree and all exhibits, including the CAP for public review and comment in mid July RENEWAL AND MODIFICATION OF LEASE AGREEMENT BETWEEN THE PORT OF BELLINGHAM AND RAINIER PETROLEUM CORPORATION D/B/A MAXUM PETROLEUM. Motion: Approve the Renewal and Modification of Lease Agreement between the Port of Bellingham ( Port ) and with Rainier Petroleum Corporation, d/b/a Maxim Petroleum ( Rainier ). Discussion: Real Estate Representative Steve Shipman explained that the Port owns the fueling facility that supplies fuel to the Alaska Marine Highway System (AMHS) fleet as well as other ocean going vessels. Historically, this fueling facility located at the Bellingham Cruise Terminal has been operated by third party operators under a lease to the Port; the most recent lease with Rainier which expired in June In May of 2014, the Port issued a

7 Page 7 Request for Proposal (RFP) for fueling services and of the two responses, a selection committee deemed Rainier as the most qualified operator in terms of pricing, safety record and environmental compliance history. As Rainier is based out of Seattle, Commissioner Robbins asked if the other response was from a local company. Mr. Shipman reported that while the other company was local, the committee reviewed all the criteria, and selected Rainer as best overall candidate. If approved, the proposed five year lease Renewal and Modification Agreement with Rainier will begin. NEW BUSINESS 1. Fireworks at the Pier Commissioner McAuley invited everyone to view the fireworks from the former GP site on the 4 th of July. He and Executive Director Rob Fix commented that they would be there assisting with the site logistics. ADJOURN With no further business brought before the Commission, the meeting was adjourned at approximately 4:40 p.m. Michael McAuley, President Jim Jorgensen, Secretary

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