MINUTES OF THE PORT OF BELLINGHAM COMMISSION MEETING HELD TUESDAY APRIL 17, 2018 HARBOR CENTER ROOM 1801 ROEDER AVENUE, BELLINGHAM, WASHINGTON

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1 MINUTES OF THE PORT OF BELLINGHAM COMMISSION MEETING HELD TUESDAY APRIL 17, 2018 HARBOR CENTER ROOM 1801 ROEDER AVENUE, BELLINGHAM, WASHINGTON Present: Staff: Commissioners: President Vice President Secretary Rob Fix Sunil Harman Don Goldberg Brian Gouran Adam Fulton Tamara Sobjack Elizabeth Monahan Sylvia Goodwin Shirley McFearin Tiffany DeSimone Brady Scott Greg Nicoll Ben Howard Judy Harvey Frank Chmelik Diane McClain Ken Bell Bobby Briscoe Michael Shepard Executive Director Aviation Director Economic Development Director Environmental Programs Director Facilities Director Finance Director, Auditor Human Resources Director Planning Director Real Estate Director Meetings and Events Supervisor Real Estate Representative Project Engineer Environmental Project Manager Senior Real Estate Representative Port Counsel Executive Secretary 4:30 p.m. - OPEN PUBLIC MEETING, ROLL CALL Commission President Bell called the meeting to order at approximately 4:30 p.m. and noted for the record that all Commissioners were present. PUBLICLCOMMENTPERIOD No one participated in the first public comment period. CONSENT AGENDA A. Approve the minutes of the April 3, 2018, Regular Commission meeting. B. Authorize the Executive Director to enter into RCO Grant Agreement No. CV with the Washington State Parks & Recreation Commission for funding not to exceed $154,206 to reimburse costs associated with the purchase of two new pump-out facilities at Blaine Harbor. C. Authorize the Executive Director to execute a Purchase Order with North Coast Electric of Bellingham, Washington, for the Bellingham Shipping Terminal (BST) Lighting Upgrade project in the amount of $54,

2 Page 2 D. Authorize the Executive Director to execute a Release and Settlement Agreement with Starr Indemnity & Liability and Alaska National Insurance Company. Motion: Approve Consent Agenda items A-D. Discussion: Brief clarification of item B. PRESENTATIONS 2018 Ski to Sea Update- Meetings and Events Supervisor Tiffany DeSimone introduced 2018 Ski to Sea Race Director Anna Rankin to provide an overview of the upcoming May 27, 2018, Whatcom County community Ski to Sea relay event which covers several pieces of Port property. The race is 93 miles from Mt. Baker to Bellingham Bay. A new change this year: Teams may have participants doing multiple legs of the relay. This has resulted in 30 more team entries year to date than at this point in past years' registrations. Goal is 350 teams. Ms. Rankin discussed the benefits to the area through its promotion of the race, the area and amenities resulting in tourism dollars. Peoples Bank is the main sponsor for The event starts the weekend before the race with a junior version of the Ski to Sea Parade and Race. Ski to Sea relies largely on volunteer participation and sponsorships. Participants are approximately 67% Washington State (of those 40% are from Whatcom County), 4% Canadian and the others from out of state. Ms. Rankin thanked the Port for its use of properties, sponsorship and staff assistance. 1st Quarter 2018 Financial Update- Finance Director Tamara Sobjack provided an overview of the Port's 1st quarter financial results highlighting the Port's Balance Sheet, Current Investments, 1 quarter 2018 Year to date Actuals for Operating (Aviation, Marinas, Terminals, Real Estate, Overhead), Public Priority and Non- Operating division revenues and expenses compared to budget and compared to 1st Quarter In the first quarter summary, Ms. Sobjack presented the schedule for several of the Port's major Capital Projects currently in progress, or planned for spring and summer Regarding Risk Management activity: Open Claims for the Port include the August 2017 property damage caused by others to a mooring dolphin at the BST Main Pier. Open claims against the Port include a few slip and falls reported in first quarter of 2018, one happened in 2017, but was not reported until Regarding the Port's Stormwater Program: All training and recordkeeping remain in compliance for both the Bellingham Shipping Terminal (BST) and the Bellingham International Airport (BLI) facilities. Stormwater samples taken at the Shipping Terminal were outside of permit limits for copper; required responses will be in place by the end of August. Regarding 1st quarter 2018 safety: Number of Recordable injuries: 1, Recordable incident rate:.97. Public Records Requests for 1 quarter: 40, Staff time: 53 hours, Fees collected: $0.

3 Page 3 Ajrport Rescue and Fire Fighting (ARFF) Update- Human Resources Director Elizabeth Monahan reported that the Port has received notification that the Department of Retirement Systems (DRS) has accepted membership of the Port's ARFF employees into the Law Enforcement Officers' and Fire Fighters' (LEOFF) Retirement Systems, effective date February 12, For those employees affected (ARFF), payroll contributions into Public Employee Retirement System (PERS) will now be replaced by payroll contributions into the LEOFF retirement system; retroactive to February 12, 2018, the date in which the job description changed. During the recent conversion process however, it was discovered that LEOFF members are eligible to pay into Social Security and that ARFF member participation in Social Security could only be permitted with the approval and formal action taken by the Port Commission. If the Commission approves a resolution to this effect, the affected members would then need to vote on a referendum stating that all Port of Bellingham ARFF members have elected to continue making contributions into the state's Social Security program {separate from and in addition to the LEOFF program discussed earlier). That vote would be binding for the Port's present and future ARFF employee members. RESOLUTION NO PROVIDING SOCIAL SECURITY COVERAGE TO ELIGIBLE LEOFF RETIREMENT SYSTEM MEMBERS Motion: Approve Resolution No authorizing the Port of Bellingham to extend the provisions of RCW , providing Social Security coverage to eligible Law Enforcement Officers' and Fire Fighters' Retirement System members subject to a referendum in favor of voluntary Social Security coverage. Discussion: All three Commissioner shared support for the resolution. Blaine Marine Industrial Area Update - Real Estate Representative Brady Scott presented an update of the current conditions, recent improvements and plans for tenant and commercial fishing facilities and activities as well as environmental cleanup of MTCA sites in the Blaine Marine Industrial Area. Mr. Scott discussed feedback received from tenants/ stakeholders with a shared interest in the infrastructure, expansion, land use development, 2018 Capital Improvement Projects, and potential future projects for that area. Break- 5:50 p.m. PUBLIC COMMENT PERIOD - Eddy Dry, Clean Energy Program Manager, Blue/Green Coalition partner- Re: Waterfront redevelopment process: Mr. Ury spoke in favor of living wage jobs, highest standards for cleanup, green building, triple bottom line approach, revisiting the Master Plan and SubArea Plan, and affordable housing vs. luxury condos. Commissioner Shepard reported that there will continue to be numerous opportunities for the public to weigh in as the redevelopment of the waterfront moves forward. ACTION ITEMS

4 Page 4 1. PROFESSIONAL SERVICES AGREEMENT WITH BERGER/ABAM FOR THE BLAINE MARINE INDUSTRIAL PENINSULA BULKHEAD REPAIRS PROJECT Motion: Authorize the Executive Director to execute a Professional Services Agreement with BergerABAM, Inc. for alternative analysis and preliminary design for the Blaine Harbor Marine Industrial Peninsula Bulkhead Replacement project in the amount of $49,974 plus a 10% contingency for a total authorized contract amount of $54, Discussion: Project Engineer Greg Nicoll presented an overview of the site and its current condition, the scope of work advertised, qualifications and experience of the firm selected to perform the analysis and design work, methods and materials to be considered for replacing and repairing the Blaine Harbor Marine Industrial Peninsula Bulkhead. 2. BLAINE MARINA INC. SITE- CONSENT DECREE WITH WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR CLEANUP ACTIONS AT THE SITE Motion: Authorize the Executive Director to execute a Consent Decree with the Washington State Department of Ecology to perform cleanup actions at the Blaine Marina Inc. site, pending no substantive changes to the Draft Consent Decree. Discussion: Environmental Project Manager Ben Howard presented a brief history of the Blaine Marina Inc. site, its use as a petroleum products distribution center for over sixty years, deterioration of the bulkhead and contamination of the site, identified by the Department of Ecology as a state listed Model Toxics Control Act (MTCA) cleanup site in 2011, Agreed Order in 2012 (amended in 2017), and Final Remediation Investigation/ Feasibility Study (RI/FS) approved in The proposed action is necessary to perform Ecology's selected Cleanup Action Plan which will then settle the liability for the Blaine Marina Inc. site once the cleanup is implemented. The components of the cleanup action include removal of above ground storage tanks and related structures, building demolition, excavation and disposal of contaminated soil off site, surface restoration, bioremediation program and monitoring of the site. There will be a public comment period. 3. COHANIM BELLWETHER LLC AND WHATCOM EDUCATIONAL CREDIT UNION, FOR BUILDING A LOCATED AT 21 BELLWETHER WAY Motion: Authorize the Executive Director to execute following documents in connection with Cohanim Beliwether LLC, (Building A located at 21 BellwetherWay), and any and all other required documents necessary for this transaction: Consent to Sublease Agreement with Cohanim Bellwether LLC and Whatcom Educational Credit Union, Subordination and Non- Disturbance Agreement with Cohanim Bellwether LLC and Whatcom Educational Credit Union, and Trade-Mark Licensing Agreement with Whatcom Educational Credit Union. Discussion: Senior Real Estate Representative Judy Harvey presented a brief background of the terms of the Cohanim Bellwether LLC Sublease Agreement and the proposed agreements relating to Building A at Bellwether Way.

5 Page 5 1. RESOLUTION NO FOR SALE OF PROPERTY TO HARCOURT BELLINGHAM, LLC FOR PROJECT 2 ON THE WATERFRONT Motion: Approve Resolution No authorizing the sale of real property to Harcourt Bellingham LLC (Harcourt) for Project 2, and authorize the Executive Director to execute any and all documents necessary to complete the sale of the acres for Project 2, Discussion: Environmental Director Brian Gouran presented an overview of the site and explained the purpose of the proposed resolution is to authorize the execution of documents pertaining to the $1.6 million purchase and sale of acres, pursuant to terms in the Master Development Agreement (MDA) and Commission approved Memorandum of Understanding. Harcourt Bellingham LLC's plan for Project 2 is the development of three new mixed residential units in.the Waterfront District. Port legal counsel Frank Chmelik briefly discussed terms, obligations and schedule of the Master Development Agreement between the Port and Harcourt, and the City of Bellingham's role in the design and permitting as well as infrastructure responsibility. OTHER BUSINESS Commissioner Shepard suggested Work-study Sessions be added periodically to the regular Commission meeting agenda to provide an opportunity for less structured, more informal discussions on various topics as requested by the Commission and Executive Director. The Commission agreed to try out the new format in an upcoming meeting in May. A list of items identified by the Commission will be determined, announced and included in the agenda posted one week prior to the following Commission meeting. For the May discussion, the Commission selected Broadband, Economic Development and the ASB (Aeriation Stabilization Basin). Commissioner Briscoe mentioned ongoing research into a possible Barge Container facility, and expressed interest in discussing the Aeration Stabilization Basin (ASB) at a future Commission meeting. ADJOURN With no further business, the meeting was adjourned at approximately 6:45 p.m. Q> ^President z^