PORT OF COUPEVILLE
PO BOX 577
COUPEVILLE, WA 98239

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: Weber stated that the Board had decided at a previous meeting that the Commissioners would provide written notes on meetings of other organizations that they attended to Edwards & Associates for attachment to the Minutes of the Port's regular meetings. She had provided such notes but did not see them with the Minutes. Patton said that he would determine what had happened to the notes and attach them to the appropriate Minutes. Weber stated that the amended Minutes for the regular meeting of July 11, 2007, were available for approval.

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 a necessary evil as part of their industrial development and activities. A port that sets a goal of protecting the environment and trying to put in place economic development was new to them, and they were very interested in learning more. Airport: Patton had mentioned that one of the Port of Coupeville's initiatives was looking at ownership and operation of an airport. As a result, he had received an offer from Patsy Martin, Executive Director of the Port of Skagit County, to come to her office at Skagit Regional Airport. She will explain all the problems, details, etc. associated with operating an airport. McDonald said she would like to join him at the meeting. Patton said he would let her know when the date is set, and he would report back to the Board what he learns. Weber said she was surprised at the amount of revenue the Port of Skagit County generates and the growth there. She said Skagit County's extension office is also moving to the airport instead of downtown. Agricultural innovation and alternative fuels: After Patton mentioned that the Port of Coupeville was looking at initiatives associated with agricultural innovation and alternative fuels, the Director of Imperium Renewables (IR) approached him. Gary Nelson, the Executive Director of Grays Harbor Port, had invited him to give a briefing at the seminar on the biofuel installation in Grays Harbor. Patton met with Nelson and the director from IR and they offered to give him a tour of the plant. Patton said he understands it is nearly comparable in size to the Anacortes refinery. It will be the biggest alternative fuel plant in the country and one of the largest in the world. It is scheduled to begin operating in the next couple of months. This huge plant is set up to take agricultural oils derived from agricultural products such as corn, canola, etc. and process them to produce biodiesel and alternative fuels. The problem is getting the oil to the plant. The plant is located on the shoreline because a lot of the product will be barged to them, as that is the cheapest method of transporting bulk liquids. Therefore, any agricultural area that can provide the raw materials and is located near the water so that they can be easily barged to Grays Harbor is in a very advantageous position. Patton said he finds this prospect very exciting. Weber agreed, especially since the Board has the agricultural initiative in the Comprehensive Plan and in light of the loss of the dairy farms in Island County and all the acreage where corn has been grown for years. Patton noted that IR does benefit from federal grants, and IR has told Patton that there are spin-off grants available to those providing the raw materials. The Department of Energy is committed to do this and there is money in the federal budget to support this kind of operation. Weber said when Patton meets with IR and takes the tour, it might be advantageous to the local farm group to know that this opportunity exists, and suggested that some of them might want to accompany Patton when he goes to the plant. Patton said his intention was to invite Mark Preiss, the new Executive Director of Ebey's Landing National Historical Reserve, Lee Smith, the National Park Service representative, and anyone else from that community to accompany him. Bryson said the agricultural coordinator at the Washington State University Extension program would be another person to invite. Olivia Forté-Gardner is the person who holds that new position. She is heading up a committee of local farmers. Patton agreed he needed to speak with her.

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 three-legged stool, with the 3rd leg being the Island County Zoning Ordinance for the farm. Weber said that in looking at the Board's Minutes, and Patton's Board-approved meeting with Michael Stansbury, the Comprehensive Plan, and the media reports, she feels that now is the time to formulate and set in place the action on the Greenbank Farm Master Site Plan. She agreed that the Master Site Plan and the Conservation Easement are part of the three-legged stool Patton had referred to. Weber read aloud the following section from the Comprehensive Plan: …that we recognize the community's deep love and appreciation for the site and its commitment to community involvement in the planning process. The Greenbank Farm Management Group is considered a key stakeholder in the design of this Master Site Plan and, due to the lease and management services agreement with the Port through 2014, the Greenbank Farm Management Group board members, staff, volunteers and subtenants will be invited to participate in focus groups developing the individual plan components.

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 Yes, it was. Weber said that as the Minutes of the previous meeting showed, the Board had no objection to Patton meeting with Karen Hutchinson (then GFMG President) and Michael Stansbury (GFMG Board Member) and asked to be kept informed on the progress. Weber noted that Hutchinson had reported she was continuing to work with Susan Lindsey-Cohen on concepts for the Master Site Plan and Barn A improvements. Weber said there is a need to form the focus group for the Master Site Plan now so there will not be other parties working outside of the official planning process. Weber feels the GFMG already has a head start in building concepts, and she feels this planning effort needs to be open to a larger group. Bryson said a motion had been passed two meetings ago authorizing Patton to begin the process of the Master Site Plan and asked if this was an additional motion. Weber said that was correct, but this motion is to follow the guidelines established within the Comprehensive Plan to formulate focus groups that will involve the input of all individuals who want to work on them. She said that she received phone calls and letters from people interested in being a part of the focus groups. Bryson asked if the focus groups would consist only of people appointed by the Board. Weber said No, according to the Comprehensive Plan, the GFMG board members, staff, volunteers and subtenants would be invited to participate. Weber explained that those GFMG individuals who accepted the invitation to participate would be in addition to those nine members appointed by the Board (each Commissioner having appointed three members). Letter to the GFMG: Patton offered to draft a letter for the Board's signatures to implement that. He would address it to the president of the GFMG, and ask him to seek out from within the aforementioned group a community of people to participate in the focus groups, and to present the Board with a list of names from that whole cross-section of people. That could then serve as a benchmark to begin the process. Patton noted that there are five sub plans involved in the Master Site Plan, and suggested a better way might be to have one focus group for each of those sub plans. The smaller groups would then consist of individuals with special knowledge in the area of that particular sub plan. Bryson said that is how he perceived the process of the Comprehensive Plan, and he doesn't see how that works with the motion currently being discussed, because the Board is not going to appoint one focus group to do all the areas combined but instead, each sub plan will have a separate focus group that is more specialized in that area. Sub plans: Patton read aloud the list of five sub plans in the Master Site Plan: Environmental Resources Protection Plan, Agricultural Plan, Recreational Plan, Commercial Plan and Emergency Preparedness Plan. Patton said the individual focus groups don't need to be large groups, but perhaps four or five members in each group. Bryson agreed and said each of the sub plan areas would have a different focus group whose members had expertise or special knowledge in that specific area. Weber said she was concerned that the GFMG had already begun working on the concepts and the Board needed to bring this together. Bryson said he felt all five sub plans could not be done at the same time. Weber said she wanted to avoid having a multitude of group meetings with several committees reporting to the Board or one large committee. She said she is trying to figure out the best approach. Bryson said that is what the Board has commissioned Patton to do. Weber asked if there were others from the public providing input. Bryson said until a process is in place, the committees cannot be formed. He doesn't know how the Board will get that many people together all at one time working on it. Workshop: Patton suggested that the Board schedule a workshop meeting to address the organization for the Master Site Plan process. He said he could prepare a couple of alternative approaches and email them to the Board for discussion at the workshop meeting. Patton said the Commissioners control the timing of implementation of the Master Site Plan, and the more carefully prepared the process is, the better the result will be. Bryson said a workshop is a good idea. McDonald said the workshop concept works for her, but she does feel that they can move forward and have multiple groups working together but separately all at once. McDonald said the same people would not be working on all of the groups and she would actually like to see different people as leads. Bryson said he needed the workshop process to be able to get a grip on the process. McDonald agreed it is agreed concept. Weber said that in reading the notes and the Comprehensive Plan, she feels that the people working on the concepts have a head start and the Board needs to bring the process together and set it in motion. As a result of the discussion, Weber withdrew her motion and McDonald withdrew her second.

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 Conservator of those rights without fee from the port district. Patton brought that information to Stansbury's attention and also referred it back to the MRSC. Menig was on leave, but another attorney there, Pam James, agreed that the information was correct and could work for the Port. She suggested that Patton and Stansbury present that legislation to the Island County civil prosecutor, Dave Jamieson, and ask if there is anything barring the Port from asking Island County to become the Conservator for certain development rights (still to be defined) at Greenbank Farm. Patton said this might be a very simple way to proceed, and if Jamieson doesn't find any reason why it can't be done, then the Port might be able to move toward a Conservation Easement very soon. Patton said that conservation easements per se are for private property, and all the examples seen on Whidbey Island have involved the transfer/surrender of development rights on private property. The Port is unique because it is a public entity willing to surrender certain development rights on property it owns. This is a first, as Patton heard from the other 36 individuals at the Executive Directors' Seminar he attended. Patton said that the Greenbank Farm has become an excellent tourist destination and the protection and improvement of the farm by carefully limiting development should be viewed as a form of economic development and consistent with the mission of the Port. Weber agreed. Patton said that James at the MRSC said although she hadn't heard of it before, it is impeccable logic and she doesn't see how anyone would take issue with it. Patton said the Port still needed to talk to Jamieson at the County. Value of Greenbank Farm: Weber said that anything the Port does that might devalue the property is of major significance. Patton said that was a good point and they will have to make certain to address that before asking the County to become the Conservator. Patton said the Board had agreed not to ask that question of Foster & Pepper, the bond counsel for the County and the Port, until the Board knows whether or not they have the authority to surrender development rights. Patton said this is a unique Conservation Easement because it involves a public entity putting development rights to some land off limits. Weber said the Board is not sure how much of the land at the Greenbank Farm would be involved. Patton agreed and said determining the amount is a function of the Master Site Plan. Patton said if the County says, yes, we see no bar and the County agrees to become the Conservator, it could be done. He said it is critical to speak with Mike Shelton, Island County Commissioner, prior to his leaving his position. Weber asked how it affects talking to the bond counsel, Foster & Pepper. Patton recommended waiting until he let them know he was ready. First the County would have to agree to becoming Conservator of the development rights, the County Commissioners would have to vote their agreement, and the County prosecutor would have to appear before the Island County Commissioners with the Port of Coupeville behind him and make that plea. Patton said if the authority is nailed down and in place, the Board has already given him the authority to speak with Foster & Pepper at that time. Then, if Foster & Pepper determines that the value of the land will be unaltered, there will be no effect on the bonds. Patton added there is also the Zoning Ordinance that says nothing can be developed on the land without changing the Zoning Ordinance, but that conversation is for another day. Weber agreed and added that the Zoning Ordinance is part of the Special Review District for the Greenbank Farm. Patton said he felt the Board had made it very clear to the GFMG that it would be very inappropriate to raise hopes that a Conservation Easement would be in place by the 10th anniversary celebration on September 23, 2007. The task of walking that cat back is being left up to the GFMG and the core group planning the anniversary celebration. Weber said that was good, because she didn't see how it would be possible to have the easement in place that soon. Patton agreed, explaining that many things would have to occur prior to the Conservation Easement being put in place, including requesting the Island County Commissioners' approval to accept the role of Conservator without fee and Foster & Pepper's written acknowledgement that there would be no ill effect on the bonds. With just five weeks before the anniversary celebration, Patton wanted to reiterate for the Minutes of this meeting to show that the Board has asked the GFMG to walk the cat back regarding announcing that the Conservation Easement is in place on September 23rd.

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 rack card that is being prepared and will be widely distributed. The bill for that will be sent to the Port. Beyond that, GFMG is looking at what other advertising they will do, how it will be done, etc. There are a number of concepts. They have had as many as 20 people participate in the planning. Baenen said the last major meeting will be on the August 15th and assignments will be made then. Patton is invited to that meeting. Baenen said the Board would also receive copies of everything, including reports from the most recent core committee meeting. Weber said that when the Board agreed to the $1,000 they understood that the Port would have some input on the verbiage for that advertising. She said she noticed that one of the Loganberry Festival advertisements mentioned the anniversary celebration. Baenen said they have been promoting it since last spring.

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 look at something else. Patton agreed. Weber asked to include an agenda item under New Business regarding public bathroom facilities at the Wharf. Patton said he was prepared to address that.

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, Sure. Baenen said the GFMG had sent a thank you note. McDonald said she would like the Board to send one from the Port, and Weber agreed. Weber commended the Master Gardeners, the placement and the artist and said it was just fabulous. McDonald agreed.

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 high concern. Patton said another issue is where the water goes, and the freshwater ecology of the wetland is of special concern. Additionally, the Port is very proud of the Organic Certification earned by the Farm, and wouldn't want to use anything in the vicinity that might change that. Baenen reported regarding organic correction of problems that the utilization of beetles to attack the noxious weeds in the wetlands is going very well and the beetles are doing a marvelous job this year.

Loganberry festival: Weber said she had received many good comments regarding this year's Loganberry Festival. She attended the event and said it went quite nicely. McDonald said it appeared there were spaces available for more vendors and asked Baenen if that was a possibility. Baenen said they had just had a debriefing regarding the Loganberry Festival on Monday and one of the things being considered is some additional space for vendors. He said that festivals have a plateau and can only do so much.

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 send the Town into battle with the DOE. The key elements clarified by the DOE's suggestions are 1) if an existing building on Front Street is being used in a non-conforming capacity and that building is destroyed or damaged, it is grandfathered in and can be replaced and rebuilt within its footprint, and 2) only the 1st floor of a building has to be conforming. There can be non-conforming use on the 2nd or 3rd floor, etc. depending on height restrictions. Bryson said that the SMP is going ahead with those DOE suggestions regarding conforming use. There should be a Shoreline Management Plan approved and in place very shortly. Greenbank Farm Liaison: Bryson said there was nothing to add.

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 big money. Bryson agreed and said it was approximately $40,000. Bryson reported the .08% sales tax return fund had been increased to .09%. (COG, WPPA Legislative Committee and RTPO): McDonald reported no meetings were held. She thanked Bryson for attending the EDC on her behalf. Weber asked McDonald and Bryson if they were aware that the Legislative Report contained notification that the Commissioners had received a raise for meeting attendance. Effective July 22, 2007, the Commissioners will receive $90 per diem.

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 a couple of thousand dollars. Patton said that would have to paid out of this year's budget, but because Ken Cunningham's estimate came in below what the Board had budgeted for the basement repair, it may balance out okay. Weber said she wanted to remind Patton that the Board had agreed to spend $1,000 for the Greenbank Farm's advertising of the 10th Anniversary and also the Board wanted to allot money for the Port's 40th Anniversary celebration. Weber said with the bill for electrician, there might not be much wiggle room. Patton said if he recalled the 40th anniversary involved a commemorative dinner for former Commissioners at Long's Café and the Port would be given a discount for that dinner. Weber said that was true.

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.