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PORT OF COUPEVILLE PO BOX 577 COUPEVILLE, WA 98239 MINUTES OF THE REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 14, 2007 Commissioners Present: Benye Weber, Bruce Bryson and Ann McDonald. Others Present: Jim Patton (Executive Director), Laura Blankenship (Port Comprehensive Plan Editor-in-Chief), Nathan Whalen (Whidbey News-Times), Amber O'Brien (Edwards & Associates), Tom Baenen (GFMG Treasurer), Karen Hutchinson (GFMG President), Jan Graham (Harbor Café owner), Sue Koleada & Joan Geiger (Corroseal owners), Alice Sterling & Rick Castellano (Coupeville Historical Waterfront Association) Call to order: The regular meeting was called to order at 10:35 am by Commissioner Weber in the Island County Commissioners Hearing Room located at #1 NE 6th Street, Room B 102, Coupeville, WA. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING: Weber stated that Minutes for the regular meetings of December 19, 2006 and January 10, 2007 and the Special meetings of January 23 & 25 2007 were available for approval and signatures. 1/10/2007 Minutes: Weber said that the 1/10/2007 minutes needed to be corrected. The first correction was on page 3, under GFMG Financials. October and November had been transposed and needed to be switched. The second correction was on page 2, paragraph 3. The words ACTION: A motion was made by Weber and seconded by Bryson to approve the January 10, 2007 regular meeting Minutes as corrected. The motion passed unanimously. The Board agreed to table approval of the December 19, 2006 meeting Minutes until the next regular Port meeting because all the Commissioners had not had the opportunity to read them. ACTION: A motion was made by Weber and seconded by Bryson to approve the January 23 & 25, 2007 special meeting Minutes. The motion passed unanimously. SPECIAL PRESENTATIONS: Front Street Merchants Activities: (Mary Alice Sterling and Rick Castellano) Sterling and Castellano represented the Coupeville Historic Waterfront Association, which is an association of business and home owners in the historic district of Coupeville. Their focus is on Coupeville's historic assets and unique architecture as a catalyst for economic growth and community pride. Mary and Rick are the point people for an event called ACTION: A motion was made by Weber and seconded by McDonald to honor the request made by Sterling and Castellano to waive the mooring fee for seven boats that are participating in this activity. The Board asked Sterling to notify them of any additional boats wanting to participate in the event. Bryson asked that the Board also be kept appraised of the event and be given a schedule. McDonald said that it was her understanding that the Port must charge a minimum mooring fee of $1.00 per day? Weber said that Port had extended the $1.00 per day moorage rate to the Dragon Boat Club because they are using the wharf for an extended period of time. This new group of Front Street merchants is planning this event to create economic development opportunities in Coupeville and the event will only be held on one weekend. The Board instructed Patton to notify the wharf tenants of the festival. The motion passed unanimously. McDonald said that she hopes that there are provisions for this activity that restrict bringing in outside food and drink so that people will be spending their money at Coupeville businesses. Sterling said that Long Bechard and Jan Graham were both members of the association. The association does not want the event to compete with any of the local businesses. MEETING OPEN TO PUBLIC INPUT: There were no public comments. CLOSURE OF PUBLIC INPUT: Weber closed the meeting to public input and invited the public to stay for the remainder of the regular public meeting. UNFINISHED BUSINESS: Port Executive Director's Report: (Patton) Status of the Corroseal Lease: Patton said that the Board had two letters in their folders regarding the Corroseal lease. One letter was sent to the Board from Joan Geiger and Sue Koleada on January 20, 2007 regarding their desire to terminate the existing lease sooner than its expiration date of June 30, 2007. The second letter was the response Patton had prepared dated January 29, 2007 that stated that Geiger and Koleada would be responsible for complying with the terms of the lease, including the payment of rent and utilities, until the termination date of the lease, or until the lease is sooner terminated for the mutual convenience of them and the Port according to an agreement that would provide appropriate consideration for the Port. Tenant's statement: Koleada said that Corroseal had two leases with the Port. The first lease was signed on December 1, 2002 and went through November 1, 2004. The second lease was not signed or negotiated until June 2004, so the business was operating without a lease for six months. Had the second lease been negotiated on time, it would have started on December 1, 2004 with a termination date of December 1, 2006. Koleada said that the Port was notified on November 7, 2006 that the business would be closed and that she and Geiger had found someone who agreed to assume their lease. That person was Long Bechard, owner of the Gallery Shop and a tenant on the wharf. Koleada felt that it was not their fault that the Port could not negotiate a lease assumption with Long Bechard. Koleada said that it is now the middle of February, 2007. She said that she is a single mom working for wages and Geiger is retired and cannot afford to pay the lease through June, 2007. They have paid the lease through the end of January, 2007 and are now asking to be let out of the remainder of the lease. Koleada said that she and Geiger are both active members of the community, her son is an honor role student at the Coupeville High school who volunteers for many activities and they are all around good people in the community. They want to continue to be active happy members of the community and feel that this is a very small request in view of their four years of good tenancy. Board response: Weber said that the Board heard their appeal that they are not liable or responsible for the payment of the lease through the June 30, 2007 termination date. Bryson said that the Port appreciates that they were good tenants and he understands the position that they are now in. Bechard had agreed to assume the existing lease but changed her mind after determining that she would be unable to find adequate staffing to cover her shop and the additional space. In essence, there is not anyone that will assume the lease. Bryson said that ACTION: A motion was made by Weber and seconded by McDonald that the Port not recognize the appeal made by Koleada and Geiger to terminate the Corroseal lease as written. The Board would appoint Patton to work with Koleada and Geiger to work out an early termination of the lease with some type of financial compromise rather than the full amount of the lease that is owed. The motion passed unanimously Patton said that the Port accountant would be sending a rent bill to Corroseal within the next few days. The balance of the lease after the February rent invoice is paid would be $1,732. Patton wanted to clarify that somewhere within that balance is the area that the Board would like him to negotiate. The Board concurred with the clarification. Patton pointed out that the letter from Corroseal stated that they agreed to forfeit their $350 security deposit. He said that the Port could not accept the $350 as a gratuitous forfeit. The only way that the Port could legally take that money is if Corroseal defaulted on the lease. The Board concurred. Koleada said that the lease was signed on June 1, 2004 with a termination date of June 30, 2006. The lease states that the term of the lease is a two year period but June 1, 2004 through June 30, 2006 is a two year and 30 day lease period, which is a conflict. Weber said that the Board was not in a position to discuss the legal verbiage of the lease and may need to seek legal council on the matter. McDonald suggested that Patton meet with Koleada and Geiger to see if an agreement can be reached prior to the Port spending money on legal council. The Board concurred. Boating and fueling activity: Patton said that as anticipated for this time of year, there was not a lot of boating and fueling activity. In the month of January, $1,900 in fuel was sold and $215 was collected in moorage fees. Fuel sales practices: On a more important note, Patton said that he would like the Board to consider how the fuel sales are handled. There are two practices that need to be fixed. One has to do with selling fuel at a discount. The Port places a small mark-up on each gallon of fuel that is sold in order to pay the overhead costs of the fueling service to boaters, including insurance on the tanks, the electricity to run the pumps, calibration of the pumps, the Dock Hand's salary (at minimum wage June through August) and a portion of the Harbor Master's salary. It has been the practice of the Port to give a five cent per gallon discount on any fuel sales over 100 gallons and a ten cent per gallon discount on any fuel sale over 1,000 gallons. In 2006, the Port made 70 sales of over 100 gallons and 11 of those were sales of over 1000 gallons. Out of 446 sales, more than 15% were made at discounted prices. That reduced the mark up margin created to help pay the overhead costs. Patton said that even more troublesome was the fact that every time the Port received a fuel delivery, the price of fuel was changed - going up with higher costs and down with lower costs. When the price is lowered that automatically devalues all the fuel still remaining in the tanks. This practice has cut into the mark-up margin built into the fuel sales to help pay the overhead costs. Patton needs to come back to the Board with a proposal on changing the way fuel is sold. He requested guidance from the Board to determine how to prepare that proposal. Board response: Weber was very concerned with the current fuel sale situation. She said that the Port needs to have a cushion to help take care of various overhead costs. McDonald said that she would like to be able to not run off the customers and continue to provide a good service, but she agreed that the Port must make money on the fuel sales in order to pay for the overhead. Bryson concurred. Weber said that it was important to keep the same amount of mark up on the fuel regardless of what the Port has paid for it through each month to keep everything current on the Port's daily reports. Patton said that he would work up an official procedure about how to change the fuel practices and would report back at the March 14, 2007 regular Port meeting. WSU Beach Watcher display at the Coupeville Wharf: Patton said he had forwarded an e-mail to the Board that addressed the $6,450 in funding that been given to the Beach Watchers by the Puget Sound Action Team for their wharf project. In order to facilitate the initial work on the displays at the wharf, the Board had agreed to pay for the construction of a wing wall. The wing wall was completed in 2006, within the amount for time and materials anticipated by the Port. The electrician was not able to provide the overhead lighting, wiring and sockets for the wing wall until recently. The $945 invoice for that electrical work has been submitted to the Board. The Port has an agreement in writing with the Beach Watchers that states that the Port is prepared to provide Status of bids for strengthening the Port office basement: Patton said that the Port has received two good, valid bids for the strengthening of the Port office basement. He was still awaiting a bid from the Mukilteo firm that expressed interest in bidding the project. Patton requested that if the Mukilteo firm does not submit a bid in time for next month's Port meeting he be authorized to make recommendation to the Board based on two bids he has received. The Board had no objection to Patton's request. Status of Greenbank Estuary Project: Patton said that the ball was in the court of the Greenbank Beach and Boat Club (GB&BC) because they own the private property that would be impinged on if the feasibility study requested by the Skagit River System Cooperative is undertaken. Patton had spoken with Sharon Dunn, President of the GB&BC, who said that they still do not have a determination from their members as to whether there is a consensus to support a feasibility study or not. They have prepared an explanatory brochure and ballot to be mailed to each of their members and are looking for a return on the ballot sometime in March, 2007. They may not make a decision in time for Patton to report at the next regular Port meeting on March 14, 2007. Weber asked if the ballots had a Port representation on the Regional Transportation Policy Organization (RTPO): Patton said that all counties are required by the Growth Management Act to have a Regional Transportation Plan. If a county is under a certain number (approximately 100,000) in population, it is entitled to join with another county and create a Regional Transportation Plan on a two county basis. In 1996, Island County and Skagit County had done exactly that and the existing six-year Regional Transportation Plan is a dual plan that applies to both counties. Within each county, called sub-region, there is a controlling group and the representation on that controlling group is identified in the six year plan. There is only one representative position to cover the Ports in Island County. Patton obtained this information from the 1996 edition of the plan. He said that he requested a copy of the most recent Regional Transportation Plan from Island County Commissioner Mike Shelton's office but has not yet received it. However, Patton said, Commissioner Shelton agreed to sponsor McDonald at the last RTPO meeting and to arrange for her to become an official observer. McDonald said that at this point she is the non-official representative for the Port of Coupeville on the RTPO Board. She has a voice but not a vote. She asked Patton if the Anacortes and Skagit Counties each had a vote. Weber's comments: Weber answered for Patton and said that they do each have a vote and that is a function of population. The Port of Coupeville shares a position on the RTPO with the Port of South Whidbey and they have a Greenbank Farm Management Report: (Hutchinson) Hutchinson said that the she and Baenen would both be reporting on the Greenbank Farm today. She pointed out that the GFMG monthly report had been revised. The report has been divided into three areas: GFMG Operations Admin
Financials
Fund Development
Events
LEASED AREAS Tenants
Volunteer Organizations
Playground Area:
Facilities/Repairs
Other repairs
MANAGED AREAS General
Agricultural
Recreation
Tom Baenen GFMG Report: Financial Statements: Baenen said that the GFMG was happy with it financial results at the end of December, 2006. He asked if the Board had any questions on the financial statements. The Board did not have any questions at that time. Baenen said that the GFMG balance sheet showed that the Greenbank Farm was in a strong healthy position. The Port needs to be aware of that because when the Farm is turned over to the Port there is some significant work that will also be turned over to the Port so the Port should keep track of the balance sheet closely. Contract Rents: Baenen had prepared an excel spreadsheet showing the Greenbank Farm's 2007 rental income (including the annual 1% CPI increase). Baenen pointed out that an amount had not been entered on the spreadsheet for Caretaker Cottage rent because that building is under renovation and would not be completed until late February. When the renovation is complete, the GFMG will charge a contract rent of $600 per month. Imputed Rents/Leasehold Taxes: Baenen had prepared a hand written document that showed a review of Caretaker Cottage Agreement: Baenen said that the agreement that had been in place since 1994 for the Caretakers Cottage was a 3 year rental agreement at $300 per month with the understanding that the occupant was the security caretaker of the Farm. The GFMG has prepared a new Caretaker Cottage Agreement. The changes in the new contract include an increase in rent charged from $300 per month to $600 due to all of the recent renovations. Also, the Farm has in the past paid for all of the utilities for the Cottage. Under the new agreement the proposal is that the tenant would be responsible for the first $50 of utility charges and the Farm would pay the balance. The new contract will be a one year contract versus a three year contract. The new contract is unique because it ties the rental agreement to the caretaker position. If the caretaker position is terminated for any reason the occupant must also vacate the Caretaker Cottage and vice versa. The Caretaker Cottage may not be used for any other purpose than a personal residence. The caretaker will be responsible for the upkeep of the common areas around the cottage. Because of the condition of the shed near the cottage, that is not included in the caretaker's upkeep requirements. There will be no subletting and signs are not allowed on or around the cottage unless the GFMG places them there. There will be no alterations allowed to the cottage. Any violation of the rental terms and agreements or employment terms and agreements will result in the individual having to vacate the premises. The GFMG's attorney is working to determine a time frame to be given to the individual to vacate the premises. Baenen asked for Port approval that when the GFMG attorney is finished preparing the new Caretaker Cottage Agreement, that he be given permission to take it to Bryson, as the GFMG liaison, and Patton to review and adopt so they can be ready to rent the facility as soon as the renovations are complete. The board agreed that he could do so. 2007 Budget: Hutchinson said that the 2007 budget is a fairly conservative budget that is close to their 2006 budget. The GFMG broke the budget into a series of allocations into the categories of Leased Property, Managed Property and GFMG activities. Hutchinson and Baenen had met with Bryson and Patton on Friday, February 9, 2007 to review the budget. Since that meeting the only thing that was changed was the total for Managed Properties. Income and expenses for the Managed Properties: The figure now included an additional $5,000 estimate for donated services and goods to account for the volunteer services to maintain the trails, the loganberry patch and all of the maintenance on the tractors. The total income for the Managed Areas is $50,000 of which $45,000 comes from the Port and $5.000 from the GFMG. The expenses for the Managed Area are $53,596, which is exactly $5,000 different than the original number shown to Bryson and Patton. An additional $5,000 had to be included to offset the $5,000 in additional donated income. Based on discussions with the GFMG new CPA, that is the proper way to account for the donated labor. The 2007 total GFMG income is $486,000 of which $50,000 of income and $53,596 in expenses are assigned to the Managed property. Hutchinson requested agreement in principle from the Board that this is form of reporting that would meet the Port's request for records for the managed area. The numbers that have been included in the report are 2007 Greenbank Farm Events: Hutchinson provided a list of 2007 Greenbank Farm events that involve either use or potential use of the Managed Properties. She requested approval from the Board to use the Managed Properties as indicated for each of the events. Patton said that the Managed Properties are protected by a special review district package of zoning which is very restricted. Paragraph six of the MSA states that the ACTION: A motion was made by Weber and seconded by McDonald that Bryson be given the authority to approve any additional events that would either use or potentially use the Managed Property in some way. The motion passed unanimously. ACTION: A motion was made by Weber and seconded by McDonald to accept the 2007 Greenbank Farms list of Events that would either use or potentially use the managed property in some way as submitted to the Board. The motion passed unanimously. Hutchinson requested that the Board also formally approve the new accounting format as submitted by the GFMG. ACTION: A motion was made by Bryson and seconded by McDonald to accept the proposed new accounting format as presented by the GFMG for identifying costs charged to the Managed Properties in columns with other parts of the Farm's operations. The motion passed unanimously. Comprehensive Plan Hearing Comments: Hutchinson submitted her written comments regarding the Comprehensive Plan that she stated at the January 25, 2007 special meeting for the purpose of briefing the public on the plan. The Board accepted the written comments and said that they would be considered with the other written comments for the Comprehensive Plan. Hutchinson said that also at that time, she had agree to provide Patton with additional information regarding her thoughts on how the section on the Greenbank Farm might be modified to better identify the differentiation between the assets of the Farm and the assets of the Port and also the issues about how they are going to face the year 2014 when it arrives. She will submit her additional comments in writing to the Port at a later date. Baenen requested that the Board authorize Bryson to review and approve the Caretaker Cottage Agreement after it has been approved by the GFMG's attorney. ACTION: A motion was made by Weber and seconded by McDonald to authorize Bryson to review and approve the Caretaker Cottage Agreement on behalf of the Port after it has been approved by the GFMG's attorney. The Port would reaffirm Bryson's approval at the next regular Port meeting. The motion passed unanimously. Comprehensive Plan Editor-in-Chief's Report: Blankenship reported that the Port held two public briefings on the Comprehensive Plan at special meetings: January 23, 2007 at the Coupeville Recreation Hall and January 25, 2007 at the Greenbank Progressive Club. A third public briefing on February 10, 2007 at the Monroe Landing Firehouse was not convened as a special meeting because no one from the public attended. Public input from the two meetings was collected in the Minutes of those meetings and will be reviewed by the Commissioners. There have been some requests for additional public briefings. The Commissioners have scheduled another special meeting for March 3, 2007 (2-4 pm) at the Greenbank progressive club. Blankenship said that there had also been a request to extend the public comment deadline. The current deadline runs from January 10 through March 31, 2007. She asked the Board to consider whether to allow more time for public input. Weber suggested having Patton place advertisements for the March 3, 2007 meeting in all of the local papers. ACTION: A motion was made by Weber and seconded by Bryson to have Patton place paid advertisements for the March 3, 2007 meeting in all of the local papers. The motion passed unanimously. The Board asked Patton to obtain estimates for the cost of the advertisements and submit the estimates to the Board via email. The Board agreed to table the decision to extend the public comment deadline until the next regular Port meeting on March 14, 2007. COMMITTEE REPORTS: McDonald requested that due to time constraints, she be permitted to submit her committee reports in writing to be attached to the Minutes. The Board had no objections to her request. Marine Resources Committee (MRC): (Weber) Weber said that she would also submit her committee report in writing to be attached to the Minutes. Shoreline Management Plan (SMP): (Bryson) Bryson said that a public meeting will be held to review the new SMP sometime in March and those interested should watch the media for announcements. Greenbank Farm Liaison: (Bryson) Bryson said that this activity had already been reported earlier in the meeting. Council of Governments (COG): (McDonald) See note above Economic Development Council (EDC): (McDonald) See note above WPPA Legislative Committee: (McDonald) See note above RTPO: (McDonald) See note above NEW BUSINESS: Adoption of Bylaws: The Board tabled discussing and adopting the draft Bylaws until the March 14, 2007 regular Port meeting. ACTION: A motion was made by Bryson and seconded by Weber to table adopting the Bylaws until the March 14, 2007 regular Port meeting. The motion passed unanimously. Election of Board Officers: ACTION: A motion was made by Bryson and seconded by McDonald that the officers continue in their positions until the 2008 election. The motion passed unanimously. Adoption of Resolution #138 re: Designation of agent for accepting damage claims: Weber said that this is a resolution by the Port of Coupeville commissioners designating a Port of Coupeville agent for accepting any claims for damages filed under the Revised Code of Washington. The resolution notes that the secretary of the Board of Commissioners is Ann McDonald and she may be reached during normal business hours at the Port Office. ACTION: A motion was made by McDonald and seconded by Bryson to adopt Resolution #138 as presented. The motion passed unanimously. ANNOUNCEMENTS & ADMINISTRATIVE ACTIONS: Next Port regular meeting: The next regular monthly meeting of the Port's Board of Commissioners will be held on Wednesday March 14, 2007 at the Island County Commissioners' Hearing room. Monthly Financial Status Report: (O'Brien) O'Brien submitted the preliminary January, 2007 financial statement. ACTION: A motion was made by Bryson and seconded by McDonald to accept the preliminary January, 2007 financial statement as submitted. The motion passed unanimously. Patton pointed out that the Port had to dip into its operating reserves in order to pay the current vouchers. The Port will not receive large revenues from its property tax levy until April, 2007 so any expenses incurred in the next few months will have to be paid from the operating reserves. This is exactly what happened at the beginning of 2006. Patton pointed out the importance of keeping a substantial operating reserve. Approval of Current Vouchers: O'Brien submitted vouchers audited and certified by the auditing officer as required by RCW 42.24.080. She also submitted expense reimbursement claims certified as required by RCW 42.24.090. ACTION: A motion was made by Bryson and seconded by McDonald to approve by signature the December, 2006 vouchers numbers #307 - 336 for a total amount of $26,718.57. The motion passed unanimously. ADJOURNMENT: There being no further business to come before the Board, Weber adjourned the meeting at 12:45 pm. |