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PORT OF COUPEVILLE MINUTES OF THE REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 8, 2007 Commissioners Present: Benye Weber, Bruce Bryson and Ann McDonald Others Present: Jim Patton (Executive Director), Molly MacLeod-Roberts (Edwards & Associates), Tom Baenen (GFMG President) and Nathan Whalen (Whidbey News-Times) Call to Order: The regular meeting was called to order at 10:30 a.m. by Commissioner Weber in the Island County Commissioners' Hearing Room located at #1 NE Sixth Street, Room B-102, in Coupeville, WA, followed by the Pledge of Allegiance. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING: Weber stated that the draft Minutes for the regular meeting of July 11, 2007, had been amended at her request. The amended Minutes contained the following under Action items: ACTION: A motion was made by Weber and seconded by Bryson to approve the amended July 11, 2007, regular meeting Minutes as submitted. The motion passed unanimously. SPECIAL PRESENTATIONS: None. MEETING OPEN TO PUBLIC INPUT: Weber opened the meeting to public input. No one wished to speak and Weber closed the meeting to public input and returned to the public meeting. UNFINISHED BUSINESS: Port Executive Director's Report: (Patton) Boating and fueling activity: Patton reported fuel sales for July were $13,700. That was about twice as much as July, 2005, but about $4,000 less than July, 2006. He said that is consistent with the trend noticed last month - fuel sales are below the peak experienced in 2006. Moorage revenue is way up, however, and the total for July was $4,003. That is double the revenue of July 2006 and about double the amount for July 2005. In addition to the rows of boats tied up at the Wharf, the buoys have had significant activity. Patton pointed out that one of the buoys came loose and it was probably due to having a 40-ft. sailboat tied to it during high winds. The buoy and tackle separated from the anchor when another, smaller boat moored to it. Fortunately there was no damage, the buoy was freed and drifted to shore and was collected and will be put back in place. The incident brought to the Port's attention the issue of potential liability if something goes wrong with one of the buoys. As agreed to by the Board, Patton met with Dale Roundy, Port Attorney, and reviewed the Hold Harmless Waivers he had written immediately after the incident. Patton said everyone now signs a waiver when they tie up to the Port's buoys. Additionally, a sign has been put up on the wharf explaining that the buoys and the floats are not protected by a breakwater and in high winds with a large boat there is some chance that the tackle might part, so boaters moor at their own risk. Roundy agreed with those steps, and suggested a notice to that effect also be placed on each buoy, as the National Park Service does. Patton said he will affix the notice to each of the buoys, and the fourth buoy should be back in place by the first of next week. Status of electrical repairs on causeway: Patton said that at the last meeting, the Board approved the expenditure of approximately $3,000 to replace the rusted conduit that protects the electric cables that run along the causeway to the fuel pumps on the wharf. Unfortunately the electrician has not yet been able to do the work. The electrician did tape over the corroded areas and he does have the replacement conduit. He telephoned Patton this morning and let him know he would get to it next week. Patton said he also asked the electrician to look at the lighting in the Port office basement. Once the strengthening of the basement is completed, Patton asked the electrician to provide an estimate to bring the electrical system up to code. The electrician told Patton he would get that estimate to him by the first of next week. Patton will email the Commissioners and ask for their approval if the estimate is reasonable. Weber said there is a real need there; it is dangerous. Status of rental spaces on the Wharf: Patton reported that Long Bechard opened her restaurant and named it Long's Café. She told Patton she is doing very well, and has even run out of food on more than one occasion. With all the additional people tying up to the wharf, her business has benefited. Patton said Long's Café looks like a success story. He said he had spoken to William Bell, who represents Whidbey Center for the Arts (WCFA) and KWPA Radio Station. Bell said although they had enough money from their grant to pay for their rent, they are still trying to accumulate enough money to pay vendors to provide ice, soda, etc. for retail to boaters. Bell also said they do not yet have a firm commitment for a full time agent to operate the store. They had hoped to staff it with volunteers. Patton said that hopefully by the next regular Port meeting that will be in full swing. The WCFA has taken occupancy and are paying rent, and with all the additional boating activity it would be nice to have coffee, ice, soda, etc. available to the boaters. Weber said they are losing out on the tourist trade, etc. Status of strengthening the Port office basement: Patton reported that all of the new pillars based on concrete blocks that go all the way down to the hardpan are in, so the building is firmly held in place. The contractor has already excavated in the landward side for the concrete wall and buttress that will that will tie the east and west concrete walls together. The rebar is in and connected to the concrete walls on both sides, so they will now start pouring the concrete. Patton said that, as promised, there has been no external evidence of their work. He is very pleased with the progress so far and the work is going very smoothly. Report on WPPA Executive Directors Seminar: Patton thanked the Board for allowing him to attend the seminar in Ocean Shores. . Patton reported that 36 of his counterparts out of 69 ports also attended. Each had an opportunity to address the initiatives and activities of their port over the last year. It was fascinating to hear of other port's problems. When Patton's turn came to speak, Pat Jones, Executive Director of the WPPA, said he wanted to point out that the Port of Coupeville's Comprehensive Plan was the best they had seen for a small port and they intend to use it as a model. Jones' comments then yielded two requests for copies of the Comprehensive Plan, and a number of telephone calls. Patton said that at the seminar he was able to go into some detail about working with the non-profit Greenbank Farm Management Group and the resulting agreements like the Conservation Easement and Master Site Plan for the Farm. Environment: The point that the seminar attendees were most interested in was the Port of Coupeville's care for the environment, as that is counterintuitive to the way that ports operate. At the very outset of the Comprehensive Plan, the Port of Coupeville stated it would do no harm to the environment, and that was the first time any of the other ports had ever heard that. Ports have viewed environmental protections, assessments etc. as very expensive and Status of Comprehensive Plan initiatives and projects: Patton suggested that because there were 13 initiatives and projects in the Comprehensive Plan, he would create a tracking sheet that he will present monthly to the Board. The sheet will list all 13 and note the progress on each of them. The Board could then provide feedback information to him regarding benchmarks, goals and timeframes. Patton said a coherent way to approach action on the initiatives is needed, and the Board concurred. Marine Education Center (MEC): Patton reported the status of one of the initiatives, that of creation of an MEC. He said that the displays in the breezeway on the wharf are all in place and have been very well received by the public. He also noted that the Board had imposed limits on the lease terms for the tenants on the wharf, which is consistent with the Port's long-term plan to eventually expand the MEC throughout the building. No design has been made, but WSU-Extension is working with the Board on that. Weber pointed out that WSU-Extension is taking the lead with other organizations. She wants to make sure that everyone understands and recognizes that WSU is going to coordinate this MEC activity with other organizations. Patton said the Board had sent a letter to WSU requesting their assistance in this coordination and Don Meehan of WSU accepted the request and the tasking it described. Greenbank Farm: Patton said two of the most important initiatives in the new Comprehensive Plan are the Conservation Easement and the Master Site Plan for the Greenbank Farm. These are two legs of a ACTION: A motion was made by Weber and seconded by McDonald that the Board recognizes there is a need to get started on the Master Site Plan and to direct Executive Director Patton to give it top priority, and that the Board members should each appoint three people to the focus group. Discussion: Bryson said the Board had already authorized Patton to begin work on the Conservation Easement and the Master Site Plan. Weber agreed. Bryson asked if this motion is focused on assembly of the focus group and Weber said ACTION: A motion was made by Weber and seconded by Bryson to schedule a workshop in order to review the Comprehensive Plan and formulate the different groups that will be working on the implementation of the Master Site Plan and the Conservation Easement. The motion passed unanimously. Bryson commended Weber for bringing the motion and getting the process in place. Weber said it is important that the workshop be held soon. Patton said he would work with their schedules and set up the workshop. Conservation Easement: Patton reported that, as authorized by the Board, he had attended two meetings with Stansbury and Hutchinson to discuss the Conservation Easement. They have been working with the input provided to them by the Municipal Research and Services Center (MRSC), and it has been quite good. However, when he offered his legal advice the MRSC attorney, Bob Menig, seemed to have focused only on Washington State Port Districts and Title 53 of the Revised Code of Washington (RCW), the laws governing ports. Patton had also checked Title 39 which covers municipal corporations because RCW 53.04.060 establishes ports as being such entities. Therefore, there is a wide opportunity to look at other legislation regarding what authority municipalities have. Patton said that RCW 39.33.010, which refers to the intergovernmental transfer of property and property rights, entitles any municipality to transfer any property right to any other municipality without any strings attached. Patton explained that could indicate that the authority may already exist for a port district to transfer property rights such as development rights to a county. The county would then act as a Status of planning for celebration of the 10th anniversary of the purchase of Greenbank Farm: Patton said most of the information had already been discussed, and the real planning operation is taking place at the Greenbank Farm. The Board's input is twofold; the first is the caution about the Conservation Easement and the second is the Board's agreement to provide $1,000 to defray the cost of advertising for the celebration. Patton said when he and Bryson met with Baenen to look at the record of expenses against the management fee they agreed the disbursement of the $1,000 would be handled the same way as the $6,000 for the refurbishment for the caretaker's cottage. GFMG will identify advertising within that $1,000 and give the information to Patton. The invoice will then be sent directly to the Port for payment. Weber said that was the right way to do it. Weber asked Patton if he was working with the GFMG on the verbiage for the announcement. Baenen said there were various projects underway, including a handout Schedule for adjusting the fee for the GFMG: Patton said he and Bryson had met with Baenen and looked at the expenses against the fee for the month. They also discussed when the Board would need the GFMG's anticipated costs for the next two years. That information establishes what the fee adjustment would be, if any. Patton told the GFMG that the Board would need their input in time for preliminary budget approval at the next regular meeting of the Port on September 12, 2007. Baenen said they would present a proposal with those numbers in time. Patton noted that by law the Board must approve a preliminary budget by September 15th. Proposal for additional signage: Patton said that at last month's Port meeting, Long Bechard, who now leases two spaces from the Port (gift shop and restaurant), felt the current signage allowed for her businesses was inadequate. As a result, Patton drafted a conceptual design for a new sign structure that would be located in the park next to the Port's kiosk. Patton had said he would wait for the Board's response before contacting Larry Kwarsick and the Town of Coupeville's Design Review Board. Patton said that in the interim since Bechard presented her concern, Long's Café has not lacked for business, and he doesn't know that another sign would make a difference. Patton requested the Board's response to the proposed signage and the Board's guidance as to how he should proceed. Weber said she had been at the Wharf frequently in the last month since the previous Board meeting, and had measured the distance between the existing kiosk and the tree. She said she doesn't care for the additional signage tower because the area is very restricted and very tight. Weber said the tower is inappropriate for the site and she feels that with the new sign on the fence and the arch sign, combined with word-of-mouth advertising, there is no need for an additional sign. Patton said the idea for having three signs per tenant, including a 6' long by 3' high sign on the face of the Wharf, came from the Port in May 2002. The process went through the Town's Design Review Board at that time. Patton said it is entirely up to the Board to determine what the signage will be for the tenants. The tenants can request what they like, but the final decision rests with the Board. If the Board decides there will be no signs on the Wharf's face and only two signs per tenant (one on the kiosk and one on the fence), the Board has that authority. Weber agreed and said her research had led her to the same conclusion. Weber asked the other Commissioner's for their thoughts on the additional proposed signage. Bryson said he liked the concept, but there really isn't enough space for it there. McDonald said she would like to see another different concept. Weber told Patton the Board is rejecting the idea of a tower. Patton asked if the Board would like him to go back to the Design Review Board and ask for larger signs per tenant on the marquis and/or the fence without adding a 3rd sign anywhere, and having no signs on the face of the Wharf at all. He could discuss the issues of size of signs, etc. with Larry Kwarsick and report back to the Board next month with another concept. Weber noted that there are currently signs for Rosie the whale, the gift shop and the café. Patton said there will be another one for the radio station/marine supply store. Patton has already asked William Bell of KWPA Radio to submit a plan for signs for the space he is renting on the wharf. Weber said the Board did not care for the tower concept. Bryson said a previous alternative had been approved, that of an additional fence by the sidewalk which signs could be placed on. Patton said that there had been a verbal approval from Kwarsick, who would have supported it at the Design Review Board. That is still a possibility. Patton said that the Comprehensive Plan includes the initiative of doing a park plan for the Front Street entrance to the causeway, so rather than putting another fence in before doing a park plan he suggests enlarging the two existing signs rather than adding a third sign. Weber said the Board's decision was to Greenbank Farm Management Report: (Baenen): Baenen explained that in the future, the GFMG intends to send the report to Patton prior to the Port of Coupeville's regular Board meetings so that the Board can review it beforehand and ask questions rather than having Baenen just read it aloud. The Board thanked Baenen. Baenen read aloud the Monthly Report for July, 2007 from the Greenbank Farm Management Group: GFMG General Operations The Board of the GFMG has reorganized. Tom Baenen has moved from Treasurer to President. Karen Hutchinson will now focus her attention on Conservation Easement with Committee Chair Michael Stansbury. Michael Stansbury moves to Treasurer. Finance reports as of June 30, 2007, were reviewed by Port Commissioner Bryson and Port Executive Director Patton with Greenbank Farm Management Group President Tom Baenen and Treasurer Michael Stansbury on August 3, 2007. Reports were approved. It was agreed to meet following the GFMG's August Board meeting to discuss the GFMG's management fee for the period April, 2008 through March, 2010. Early discussion of that fee will help both organizations make 2008 budget decisions in a timely manner. Loganberry Festival 2007 was very successful. Attendance is estimated at 4,500 to 5,000. Vendor exit surveys were 99% positive. Festival goers were pleased with the many children and family activities and the wide variety of musical performances. Whidbey Island Ice Cream Company's Loganberry Ice Cream Bars were a big hit. The berries were picked from the Farm's Loganberry Patch the Wednesday before the Festival. Preparations for the 10th Anniversary Celebration of the public ownership of the Farm are moving along well. The Port of Coupeville contribution of $1,000 toward advertising is a big help. The accounting for those funds will be handled in the same manner as the Port's contribution to the upgrading of the Caretaker's Cottage. Sunday, September 23rd between Noon and 5 PM is going to be a very big day at the Farm. You are all personally invited to join us. A formal invitation will follow. Other activities and projects: Sunday Markets continue to improve. Sale of produce grown on the Farm is an exciting addition. Highland Games will take place this weekend. Although held at the Farm, these Games are not a GFMG activity. Mowing continues. We are still looking for a retail space tenant. In the interim an agreement was worked out with the antique shop, Remember When Antiques, for use of the space for larger items. First Friday events at Jan Gunn's Whidbey Pies Café and the coinciding extended hours at the wine shop are proving to be very positive. The effective partnership of Port personnel and Michael Stansbury's GFMG Committee working on the many facets of a Conservation Easement is undaunted by the task. The sign permit application is with the Island County Planning Department. Signs are in place on the Pond's bank. A beautiful and graceful metal sculpture by artist Gunter Reimnitz of a Heron in flight has been installed in the Pond. It is a gift from the Master Gardeners. Thank you notes: McDonald asked if the sculpture was a gift from the artist to the Master Gardeners. Baenen said no, the Master Gardeners had contracted with the artist and paid for the sculpture. McDonald asked if the Commissioners could send a thank you note. Weber said, Value of the Greenbank Farm: Baenen said that the pending issue of whether a Conservation Easement would decrease the value of the collateral for the bonds was interesting. He said when you turn it around the other way, there is $1.5 million in physical structures and improvements that have been added to the property at the Farm, but no one has asked if the property value has increased as a result, when obviously the value has increased. Pond Scum: Patton said he was sorry Karen Hutchinson wasn't present, because the analysis of the pond scum sample has been completed by WSU. The sample has been analyzed as duck weed and water meal, and it is caused by the ducks. Patton said WSU's fact sheet listed two options to deal with the problem. One is to chase away the ducks, and Patton said that isn't likely. The other is to use Diquat, a contact herbicide that immediately causes the plant tissue to turn brown and die. Patton called Skagit Farmers in Oak Harbor and was told it would need to be sprayed, which means someone with an applicator's license would have to do it. They will put him in touch with someone who is licensed, and Patton will email the Board with the information. Weber said that a license is indeed required, and it is of Loganberry festival: Weber said she had received Mowing and weeds: Bryson commended Hank and his crew for the excellent job they have done mowing at the Farm. He said it not only looks great, but they've also made great strides in controlling the noxious weeds by mowing. Bryson thanked them for their work. The Board thanked Baenen for his report. COMMITTEE REPORTS: The commissioners will provide relevant reports as appropriate for attachment to these Minutes. Central Whidbey Chamber of Commerce: (Weber) Weber reported the Chamber does not have a meeting during July or August, but she has been serving on a Local Affairs Committee that is chaired by Sarah Richards. The committee is preparing an A-Z list of resources available in the community of Coupeville. They look forward to having that list available as a rack card in various locations and as a Chamber of Commerce mailing, and especially at the Visitor Center for new people and travelers to the area. Marine Resources Committee (MRC): (Weber) Weber did not attend the meeting on July 18th, but Executive Director Patton did. The program meeting was led by Linda, the Director from the Puget Sound Partnership (formerly the Puget Sound Action Team). Weber said Patton had picked up the informational brochures on the new resource areas on the map. Comment is expected and encouraged, and there will be a public review. Weber said that the local MRC has not commented as yet. Their August 1st meeting was cancelled and the next one is scheduled for August 15th. They will meet with the Snohomish MRC at Mukilteo for a picnic. Shoreline Management Plan (SMP) and Greenbank Farm Liaison: (Bryson) SMP: Weber said there was an article in the paper regarding the shoreline plan. Bryson agreed and said it was actually in both of the north end papers. A copy of the article in the Whidbey Examiner is attached to these Minutes. Bryson reported that the Town Council, at the recommendation of the Mayor, had agreed to amend the proposed Plan to meet the Department of Ecology's (DOE) requirements. The Mayor still believes the Plan was good and appropriate, but didn't wish to Council of Governments (COG), Economic Development Council (EDC), WPPA Legislative Committee), and Regional Transportation Policy Organization (RTPO): (McDonald) (EDC) Bryson reported that he had attended the meeting in McDonald's place and it was a very interesting meeting. The Minutes of that July 18, 2007, meeting are attached to these Minutes. The key item from that meeting is that the Washington State Department of Community, Trade and Economic Development (CTED) had determined that Island County is not a rural county, and that drastically impacted the EDC financially. However, Senator Mary Margaret Haugen was very upset with that determination and she is currently working on legislation to get Island County designated as a rural county. Weber said the determination meant EDC lost NEW BUSINESS: Public Facilities crisis: Patton said that when there is a lot of activity on the Wharf, as there was the previous weekend, there is a public facilities crisis. The presence of the Lady Washington and the Hawaiian Chieftain attracted more people than usual to the Wharf last weekend. The crews of those ships plus all the visitors to the Wharf, including diners from Long's Café, were all using the two public restrooms on the Wharf. There were lines extending well outside of the restroom and, unfortunately, someone flushed a plastic bag that ended up wrapped around the submerged pump and backed up the toilets. Since it was Sunday, no plumber was available so Long Bechard and the dockhand commendably removed the manhole cover and successfully removed the plastic bag from the pump. Patton subsequently discussed the lack of availability of public restrooms in downtown Coupeville with Mayor Nancy Conard. Patton said she is the first to admit there is a problem. Conard explained to him that the building that houses the public restrooms has been sold to an individual who has agreed to rehabilitate those restrooms at his own expense, and perhaps expand them. But, Patton said, that is not the whole answer. For the near term, Conard suggested that when a spike in public presence is anticipated at the Wharf, the Port could notify the Town of Coupeville and the Town will then hire Port-A-Potties and strategically locate them. For the long term, Conard is considering constructing a building dedicated to public restrooms near the parking lot. Mayor Conard has invited the Port to participate in the planning of that building. Patton asked if that implied participation in the funding. Conard told him not beyond the planning stage, but she would be very grateful for whatever contribution the Port might want to make toward the planning costs for the building. Patton said he promised Conard he would bring it the Board's attention. Weber said she didn't know Patton would be taking the initiative and speaking with Conard after she had expressed her concern about the issue. Weber said she had been at the Wharf for the last two weekends and was very concerned. She had attended the Forum Night for the city council candidates and when the public brought up the issue of the lack of bathroom facilities, Weber was surprised that none of the three candidates were aware that there was a problem. Weber said that when working on different festivals, the Port has spent money to provide Port-A-Potties during the events. She said for the Coupeville Arts & Crafts Festival this weekend, the Port will be providing several at different locations, as they have always done for that festival and the Penn Cove Water Festival. This past year was the first time the Mussel Festival provided Port-A-Potties because there is always a problem with the public restroom facilities, and the Town closes that building when it gets too congested. Weber said the Port cannot continue to provide services for that amount of people. She wanted Bryson and McDonald to be aware that the Port had paid for the facilities that are adjacent to the Old Fire Hall, with some help from the Coupeville Festival Association. Weber feels it is the Town's responsibility to provide public restrooms and not the Port's. McDonald asked if there is any way to add another facility at the Wharf. Patton said the short answer is no, but if at some point the Board wanted to convert Space D (KWPA Radio space) it could be done there. Right now though, there is absolutely not space available. McDonald agreed it is the responsibility of the Town to provide public bathrooms, so she doesn't want to provide them with any money. Patton asked if that extended to any contributions toward planning. Weber said she would be willing to give time to a planning committee. She said there are grants available for public restrooms and the Town should pursue those. Weber said she felt bad for Bechard having to close her restaurant and several merchants had complained that the public were coming into their businesses to use the restrooms and not spending any money at the business. Bryson suggested that the merchants needed to be more vocal at the Town Council meetings regarding their request for more public restrooms. Weber said she had told the merchants that the Front Street Development Council should address the issue on their behalf. Patton asked if the Chamber of Commerce would want to weigh in on the issue. Weber said she thought they would. Budget status: Patton said he had promised last year to track the budget on a quarterly basis. The graphic they have in their meeting folders is through Jun, the end of the second quarter. The annual budget is $381,290 and it is supposed to be balanced on an annual basis which means the average expense or revenue for each month should be $31,774. Weber noted Patton had mentioned that in his email, and she was aware that last month's expenditures totaled $41,000. She said that they needed to be extra cautious until the levy money is received in September/October. Patton agreed. Weber asked Patton if he had any idea what the amount of the estimate for the electrical work in the office basement would be. Patton said the electrician had said it would be Farm Tour: Weber received an email about the Whidbey Island Farm Tour on October 6-7, 2007, put on by the Conservation District and WSU-Extension program. Included in the email was an invitation for groups to have educational displays at the reception to be held at Greenbank Farm. Bryson and McDonald had not received the email, and Weber said she would forward it to them. She also wanted to point out to the other Board members that the Port of South Whidbey has allocated money for the activity. Weber said she felt it would be good for the Board to participate and have some sort of educational display there. ANNOUNCEMENTS & ADMINISTRATIVE ACTIONS: Next Port regular meeting: The next regular monthly meeting of the Port's Board of Commissioners will be held at 10:30 a.m. on Wednesday, September 12, 2007, in the Island County Commissioners Hearing Room located at #1 NE Sixth Street, Room B-102, Coupeville, WA. Monthly Financial Status Report: MacLeod-Roberts submitted the June, 2007 financial statement and the preliminary July, 2007 financial statement. ACTION: A motion was made by Weber and seconded by Bryson to accept the final June, 2007 financial statement as submitted. The motion passed unanimously. Approval of Current Vouchers: MacLeod-Roberts 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 August, 2007 vouchers, numbers #484 - #509 for a total amount of $31,226.81. The motion passed unanimously. ADJOURNMENT: There being no further business to come before the Board, Weber adjourned the meeting at 12:26 p.m. |