PORT OF COUPEVILLE
PO BOX 577
COUPEVILLE, WA 98239

MINUTES OF THE REGULAR MEETING OF THE BOARD OF COMMISSIONERS

July 9, 2008

Commissioners Present: Benye Weber, Ann McDonald and Marshall Bronson

Others Present: Jim Patton (Executive Director), Molly MacLeod-Roberts (Edwards & Associates), Tom Baenen (GFMG President), Michael Stansbury (GFMG Treasurer), Donna Keeler (Master Site Plan Coordinator), Nathan Whalen (Whidbey News-Times), and Greenbank Residents: Rob and Victory Schouten, Mairen Jensen-Metcalf, Richard Turner and Linda Shafer.

Call to Order: The regular meeting was called to order at 10:34 a.m. by Commissioner Weber in Room 116 of the Island County Administration Building located at #1 NE 7th Street, Coupeville, WA, followed by the Pledge of Allegiance.

APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING:

Weber stated that the Minutes for the regular meeting of May 14, 2008, and the special meeting of June 10, 2008, were available for approval and signatures.

ACTION: A motion was made by Weber and seconded by Bronson to approve the meeting Minutes as submitted. The motion passed unanimously.

SPECIAL PRESENTATIONS: There were no special presentations.

MEETING OPEN TO PUBLIC INPUT: Weber opened the meeting to public input. Rob Schouten asked when would be an appropriate time for him to speak about the exclusivity issue at Greenbank Farm, and Weber explained it was further down on the agenda and encouraged him to speak at that point in the meeting. No one else 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 activities: Patton reported that $8,600 worth of fuel was sold in June 2008 and that amounts to about 1,800 gallons. In June 2006 the Port sold 3,400 gallons and in June 2007 the Port sold 2,000 gallons. As prices have increased, sales have decreased. Patton the Port's $0.40 charge per gallon grossed only $750 in June. He explained that some of that revenue is used to pay for insurance, the dockhand's salary, etc. If the Port can sell 1,800 gallons or more per month during the summer, they should be able to break even. Patton said the policy of not buying more fuel than they know can be sold is still in effect. He said current levels are maintained at 500-700 gallons of diesel and 500 gallons of unleaded.

Repairs and disposition of sailboat, Soul Mate: At last month's meeting, the Board instructed Patton to put the sailboat up for a silent auction. Patton said he wanted to get as much put back on board the boat as possible prior to the auction. The major repair is that of the mast, and Charlie Drummond, a volunteer from Coupeville, worked on reinstalling it for two days last week and Patton thinks the mast will be up by tomorrow. Drummond has done all of the work for free. The rudder was bent beyond repair and the boat will be auctioned as-is. If no bids are received, the Port will contact the Anacortes salvager who will pick up and dispose of it at no charge. Once the mast is up, Patton will advertise the silent auction in the 3 newspapers.

Status of restaurant lease assumption: Patton reported that he and Bronson had met with Landreneau of Jester Blues and went over the lease assumption with him in detail. The first thing that has to happen is Landreneau must pay Long Bechard, the owner of Long's Café, and that has not yet occurred. Landreneau has promised Bechard it will happen on July 22nd. Patton said he would track that and update the Board via email. The Lease Assumption requires the signatures of Landreneau, Bechard and Weber (as President of the Board).

Status of KWPA installation and space in Harbor Master's office: Patton said there is more space available in the Harbor Master's office than they thought. KWPA will probably install some of their black boxes within the next week. Weber asked about the metal cage, and Patton reported that KWPA decided it wasn't necessary.

Status of Comprehensive Plan initiatives:

Progress on the Passenger-only Ferry initiative: Patton said there are two keys to getting a ferry service between Camano and Whidbey Islands, and the first key would be a place for a ferry to dock on Camano. Patton noted that Cama Beach State Park on Camano Island has the money for the design and permitting of a deep-water pier, which would make Camano Island accessible for a 50-passenger ferry. Patton said he now communicates with Jeff Wheeler, Cama Beach area manager, and will keep the Board informed of any progress. Patton said he and Bronson had taken the opportunity to meet with the head of Washington State Parks when Cama Beach State Park opened, and they had taken a passenger-only ferry provided gratuitously by Deception Pass Tours over and back to demonstrate how easy it could be done.

Patton explained that the second key is a start-up subsidy of some kind for an entrepreneur taking the risk of running a scheduled ferry between the islands. Island County Commissioners Dean and Bakke have informally agreed they would be willing to sponsor a start-up subsidy to defray the cost of moving County employees back and forth between Whidbey and Camano Islands. The question is: How much is the County currently spending to transport employees between the islands? Patton said they have searched in nearly every County department to find that information but found nothing. He found the 1995 study, Investigation of Ferry Service between Whidbey and Camano Islands, in the John Coyne archives. Patton said the 1995 study estimated that the County spent $27,000 per month for inter-island transportation of its employees. He emailed the two pages from the study that showed the methodology and the numbers to Commissioners Dean and Bakke. Commissioner Dean responded, I will ask General Services Director Betty Kemp what might be the best and easiest way to gather that information and put you in touch with her or someone else here. Patton anticipates that he will meet with Kemp prior to the Board's August meeting and they will come up with a ballpark number.

Progress on the Marine Education Center (MEC): Patton referred the Board to the email he had forwarded from Graham Johnson of Washington State University - Beachwatchers. He explained that Johnson had led the charge on the briefings to more than half a dozen groups in the area about the concept of the MEC and the Port's Comprehensive Plan. They received a lot of public feedback and are now writing it up. Patton will attend a meeting on July 17th at WSU's office with the Wharf RATS (Revitalization Action Team) and will review what WSU has prepared. Patton said he will report to the Board immediately after to update them.

Progress on the Greenbank Farm Conservation Easement (Resolution and letter to State Attorney General (AG): Patton referred the Board to Resolution #145 and a draft letter to the State attorney General prepared for Senator Mary Margaret Haugen. He explained that because a port district may not approach the State Attorney General for a decision, it is best to go through a legislator. Senator Haugen has kindly agreed to carry forward the draft letter to the AG for the Port, and Patton and Weber will meet with her at 10 a.m. on July 17th.

MacLeod-Roberts read aloud Resolution No. 145, resolving that commercial development on the open spaces of the Greenbank Farm is surplus to the needs of the Port and resolving that the Port will endeavor to transfer the development rights to the open spaces of the Greenbank Farm to Island County Government for the express purpose of creating a Conservation Easement over those spaces.

ACTION: A motion was made by Bronson and seconded by McDonald to approve and adopt Resolution No. 145.

Bronson said it has been a long-term goal of the Port to move some of that property into a Conservation Easement, and this will allow the Port to determine whether it can be done legally. Weber said she agreed wholeheartedly.

The motion passed unanimously.

MacLeod-Roberts read aloud the draft letter for the letterhead and signature of Senator Mary Margaret Haugen to Washington State Attorney General Rob McKenna, requesting an informal opinion as to the authority of a port district to transfer property rights to another municipality.

ACTION: A motion was made by Bronson and seconded by McDonald to adopt the draft letter as presented.

Bronson said the letter covers all the particular issues and it is well crafted to accompany the proposal. Patton pointed out that the difference between formal and informal opinion had really been pursued. He explained that there is a lead counsel for the State Auditor sitting next to the Opinion Editor in the Attorney General's office, and she will get first call on the request. According to Nestor Newman of the State Auditor's office, the informal opinion will suffice. Weber said it was a well-constructed letter and thanked Patton for his work.

The motion passed unanimously.

Progress on the Master Site Plan: (Donna Keeler): Keeler said the four focus groups have been meeting monthly and are about halfway through the process. She noted that they would not be meeting in August. At this point, most of the groups are fine-tuning and prioritizing their recommendations. They are also working on a proposal for a grant application for a Capital Facilities Grant from the State Legislature. Keeler displayed the drawing Rob Schouten had prepared of a new 10,000 square foot building that will also be shown to Senator Haugen at the meeting on July 17th. She said they are very grateful to Schouten for the drawing. They will bring it forward with a proposal that will need to be transmitted into a grant application. At the same time, the groups will be finalizing their recommendations and all of the groups will meet together in October to share and discuss them. Keeler said they hope to have something in draft form to present to the Board by the end of the year. Patton noted that the legislators request that they have the grant application in hand by October 31, 2008, and the process will start at the meeting with Senator Haugen on July 17th. He said the important thing to note is, …it all came from the focus groups. Although the Commissioners and Patton sit in on many of the focus group meetings, they are there only to answer questions and certainly do not vote. All the information Keeler has collected has come from the people that volunteered to participate. Bronson noted that Island Transit Director, Martha Rose, said in her experience with going to the Legislature, the Legislature requires something more concrete than just a general concept. He thinks the Port will be very successful with this positive approach. Weber thanked Schouten for the beautiful drawing. She told Keeler she has been very excited by the noticeable excitement of the focus groups and the groups' interactivity. Bronson said it is good to see that all the groups seem to be converging into one general pattern. The Board thanked Keeler.

Port finances and Resolution for the levy lift request: Patton noted that the Board previously approved going to the public with a request for a $.06 per thousand lift on the levy on the November 4th ballot. The deadline for submitting a resolution to that effect is August 12, 2008, and he submitted Resolution No. 146 for their approval. MacLeod-Roberts read the resolution aloud.

ACTION: A motion was made by Bronson and seconded by McDonald to approve and adopt Resolution No. 146. The motion passed unanimously.

Bronson said when he first looked at the Port's finances, there was nothing but an echo. He said this action is overdue - it should have been done 5 or 6 years ago. He hopes the people of Central Whidbey who were so adamant to get Greenbank Farm in the first place will be equally adamant in protecting it in this fashion.

Subleases at Greenbank Farm:

GFMG letter clarifying policies: Patton referred the Board to the letter signed by GFMG President Tom Baenen and addressed to Weber as President of the Board. The function of the letter was to provide certain clarifications the GFMG feels are necessary for the conduct of their management of the Farm and to ask for a change in policy. Weber stated that the letter was delivered to the Port office sometime during the previous weekend when the office was closed, so she did not receive it until Monday, July 7th. Patton noted the delivery of the letter was consistent with the terms of the lease - official correspondence can be hand delivered or posted in the U.S. Mail. All three Commissioners have copies of the letter and have reviewed it. Since the letter was lengthy, MacLeod-Roberts read aloud only the parts that Patton highlighted as being of greatest importance.

GFMG Treasurer, Michael Stansbury, offered to provide some background to the letter and reasons why GFMG is requesting a change in policy. He said the issues addressed in the letter have percolated at the Farm for a while, but did not coalesce until this time. He explained that Barn C is located away from Barn A, where the majority of the Farm's activity takes place. Barn C tenants have considered different ways to attract customers to their area, including sandwich boards and art objects. The retail tenants believe such methods have been effective and helpful in drawing people to Barn C. Stansbury said the GFMG believes the clarifications are consistent with the sign policy and the overall operation of the Farm. Barn C has three tenants and one of the underlying purposes of the sign policy is to prevent a lot of clutter and disruption to visual attractiveness. The GFMG concluded that having three tasteful sandwich boards would not undermine that overall policy, and the GFMG believes that is within the letter of the sign policy. GFMG believes that art objects will also show more activity and draw people to the area rather than detract. Stansbury noted that the policy specifically includes the requirement that the quality, color, and size of the object be approved by the GFMG. The liability issue is also covered, since the tenants have the legal responsibility for the objects placed on Port/Farm property. The GFMG feels the policy change is a needed improvement that will hopefully assist the retail tenants in drawing people to their businesses.

Exclusivity clause: Stansbury said GFMG's opinion is that the operation of the Farm over a long period of time has demonstrated that the exclusivity clause is of questionable value. Although existing provisions will not and cannot be disturbed, the GFMG believes that practice should be discouraged in the future in an effort to draw as many tenants as possible to the Farm regardless of their type of business. The GFMG does not intend for it to be an ironclad policy and acknowledges in some circumstances it might be very useful to have a very narrow kind of conditional exclusivity but, as a general practice, the GFMG thinks tenants' expectations regarding exclusivity should be reduced.

Tenant meetings: GFMG President Tom Baenen explained that GFMG has tried to have communication with and among the Farm's tenants and the new Farm Manager implemented a monthly tenant meeting process. Unfortunately, because there are significant schedule differences between the different tenants (office tenants have different hours of availability than retail tenants, etc.), it proved to be difficult as retail tenants frequently had to leave the meetings early in order to open their businesses. The GFMG has therefore proposed meeting with just the retail tenants on a quarterly basis to address their specific issues.

Commission Discussion: Weber said she would like additional time to absorb the information in the letter and the opportunity for Patton to check with Island County Planning Department regarding the signage issues - specifically whether the signs are considered temporary if they are there every day during business hours. She stated she had some fact finding to do before giving her approval. Weber thanked the GFMG for coming up with the policies relating to the retail tenants, specifically the quarterly meetings and agreement that any approved changes to the exclusivity clause will not affect existing leases.

Weber asked Stansbury to explain what the following phrase meant: A revised form with tentative language will be presented to the Port for approval in due course. Stansbury explained that the GFMG's basic customary lease form for retail tenants is being reviewed by an outside attorney in order to update or modernize the form with the desired changes. At some point that revised lease form will be presented to the Port for approval since the Port has the approval right on all the subleases at the Farm. He noted that the revised form would not include the exclusivity clause. Patton said the procedure Stansbury mentioned is consistent with the agreement between the Port and the GFMG that was signed on March 23, 2005. He read aloud the following from that agreement: Any substantive alteration of the sublease template shall require prior approval.

Patton said that the other important document is the one signed by the Island County Planning Department Director - the Greenbank Farm Special Review District Sign Policy. Patton noted that he was at the Farm well after closing time the previous evening, and a sandwich board was still out in front of the antique store in violation of that policy. Stansbury said he perfectly understands Weber's desire to take additional time to consider the proposed changes, and said he was available to answer questions from the Board or any other group and would welcome the opportunity. Bronson suggested the Board take the matter under advisement and the Board should not take any vote on the issues until the GFMG presents the revised lease template. Weber and McDonald agreed.

Bronson said that since the GFMG is a 501(c)(3), its records are publicly available. He asked if the Port could get copies of the GFMG's meeting minutes and Stansbury said, Yes.

ACTION: A motion was made by Bronson and seconded by Weber to table the matter until the GFMG presents the revised form. The motion passed unanimously.

Resolution of Exclusivity issue (Baenen/Stansbury): Patton referred the Board to the letter addressed to him from Linda Schafer, a member of Artworks Gallery. MacLeod-Roberts read the letter aloud. Patton affirmed that the sublease template language cited in the letter was correct.

Bronson recalled the issue had been discussed at the Port's two previous meetings, and at the first meeting Baenen assured the Board that an accommodation had been reached. At the second meeting, the Board was assured that an accommodation was on board and everything was working out just fine. Bronson said he doesn't feel that any of that has happened, and the new changes that are proposed don't really address all of the particular issues. He asked the GFMG representatives to discuss the status.

Stansbury said he met with the Laurel Davis, the head of Artworks Gallery, after the issues were first raised and he expressed to her GFMG's willingness to work it out and his intended actions. He called Davis every 4 or 5 days to update her on his progress and advised her that the GFMG would be discussing it at their board meeting. After the meeting, he provided her with the approved draft documents and solicited questions and comments from her two weeks ago. Stansbury said his last communication with Artworks Gallery was on Monday, July 7th, when he noted that the GFMG believed it had addressed their original issues in a fashion that Artworks Gallery had expressed would be satisfactory. The issue of common business hours was not specifically addressed, and Stansbury told Artworks that he preferred to defer that discussion until the first retail tenants' meeting. Stansbury said the GFMG had addressed the issues of the use of sandwich boards and objects and the retail tenants' meetings (at which their concerns about the hours would be considered). He said Artworks had suggested they would waive the exclusivity requirement for a period of six months if those actions were implemented. Stansbury said he had also indicated that GFMG would like to continue the dialogue on the exclusivity issue and discuss it on its merits. He has requested a meeting with the entire Artworks membership to discuss it. Stansbury said there are real advantages to Artworks' waiving the exclusivity clause for Rob Schouten, and it's important that GFMG and Schouten have the opportunity to present that to the Artworks Gallery.

Weber said it is the responsibility of the Port to ensure that its tenants perform correctly and honestly. She noted that at the Port's May meeting, she voiced her concern that Schouten's new sublease for the Barn C space was a breach of contract and Patton was directed to prepare a letter formally notifying the GFMG of that concern. To date, that has not been done, because Weber believed the matter was being resolved. Since it is July and the matter is unresolved, Weber said she directed Patton to draft a letter to the GFMG for her signature. Weber read the letter aloud.

Bronson said the letter seems to summarize the issue that has been simmering and, if nothing else, it will get a specific response from the GFMG addressing all the issues.

ACTION: A motion was made by Bronson and seconded by McDonald to approve and send the letter as presented. The motion passed unanimously.

Weber signed two copies of the letter and Patton presented Tom Baenen, President of the GFMG, with one copy and stated he would send the other one to the GFMG via U.S. Mail.

Baenen stated that prior to the Port's regular May meeting, he and Stansbury had requested a meeting with Artworks Gallery. They attended Artworks' regular meeting and publicly discussed the issue. The GFMG asked Artworks to provide documentation, which the GFMG would respond to. Baenen said those two actions did occur - it didn't just lay there simmering.' He said they have been approaching the issue positively for the last two months to try and resolve the matter. He further noted they have requested twice to meet with Artworks Gallery since then.

Weber said since she had received phone calls regarding the issue, in addition to Shafer's letter, it is time to send the letter to the GFMG directly and notify the GFMG of the Port's concern. She said again that it is the responsibility of the Port to ensure that its tenants perform correctly.

Rob Schouten's statement to the Board: Schouten read his prepared statement aloud. The Board thanked him for speaking. Patton suggested that when the GFMG drafts the revised sublease template, they should add Schouten's letter in support of their argument.

Linda Shafer's comments to the Board: Shafer said, We don't want to see Rob and Victory leave. We're happy to have them there, but none of these other issues have ever been addressed, and this all came to a head because of that. Regarding the sign policy, Shafer said Artworks Gallery has been at the Farm for three years. They've been perfect tenants - never had a sign out, but they've seen the other signs out daily. She said, It's not right - there's nobody watching the store. Weber acknowledged that it is a stressful, emotional issue for everyone involved and all parties speak highly of each other. She said the Board is looking forward to having this issue resolved and thanked Shafer for addressing the Board.

Greenbank Farm Management Report: (Baenen) Baenen was on hand to answer any questions the Board had regarding the June Report he previously submitted via email and which is included in these Minutes as follows:

Review of April's financial report on managed and leased property with Port Commissioner Bronson and Executive Director Patton took place on June 6th. The accounting was accepted as presented. The GFMG Board is preparing an Annual Report of Farm Operations for the Port. This report could not be completed until the new Quick Books software and the new company's Chart of Accounts were installed. The process was completed at the end of May.

The Third Annual Greenbank Car Show was held on June 15th. The producers of the event and the non-profit beneficiary, the Alzheimer's Association of Washington, were pleased with the results. The crowd was good for the retail shops and vendors. We are working hard at solving the problem caused by customers not wanting to attend the show but being asked for the admission fee when they simply want to visit the Farm and its merchants. This is a problem at the Highland Games, too. We will continue to pursue a solution. There are many facets to this issue.

Sunday Markets continue to enjoy steady public patronage. The quantity and variety of Greenbank Farm Market Garden produce increases each week. The number of vendors grows. Our Market Manager, Colleen Hammer, is doing a great job.

Review of May financial report on managed and leased property with the Port representatives was held on June 25th. The accounting was accepted as presented.

Work parties were held on the 15th and 22nd. The GFMG Events Director, Steve Marriott, organized the activities. The Women's Restroom was painted…looks great…the Main Barn walls and columns were given a new coat of white paint and the Barn floor was pressure-washed. The GFMG Board provided a barbeque lunch both days. We received financial and material support from individuals and Freeland Ace Hardware and Albertsons.

A third work party was held on the 29th to weed and tie Loganberry vines. Five of the eight Loganberry rows were cleaned up. Michael Seraphinoff, Cheryl Sagmeister, Steve Marriott and Richard Turner all worked with the volunteers.

From June 25th through the 30th, GFMG Board members and staff worked with the Port and others in preparation of a grant submittal spearheaded by the Northwest Agriculture Business Center (NABC), Maryon Atwood, Special Projects Director. This is a Community Sustainable Agricultural request for a training center at the Greenbank Farm to utilize the recently vacated Christianson Seed Company 8.9 acres in year one and another 10 acres in years 2 and 3 of this 3-year grant.

Work continues on a Conservation Easement, improvement in office space, the new sign, and resolution of issues with retail tenant Artworks and many other areas of Farm operations. The next major community event will be the Loganberry Festival on July 26th and 27th, 2008.

Baenen said the report summarizes the GFMG's activities, and …it certainly shows that a volunteer, non-profit board with the responsibilities they have, spends a tremendous amount of time tending to all of these issues. He doesn't know of any volunteer board that is more dedicated to the success of its non-profit operation than the GFMG. Baenen said he heard everybody but the GFMG praised today; the GFMG seems to be the bad guy. He said the GFMG has nothing but the success of the Greenbank Farm as their interest. Weber thanked him for his comments and said she continues to admire the remarkable dedication of those volunteers. She added that her colleagues on this Board are also unsung heroes. They attend numerous meetings as representatives of the Port, driving long distances, and unlike other port commissioners, they are not paid for their time because the Port of Coupeville lacks the money to do so.

Weber said the Board appreciates all the help given for work on a Conservation Easement and looks forward to a positive outcome through the leadership of and direct communication with Senator Mary Margaret Haugen on July 17th. She reported that the Port's letter of support for the support letter for the NABC grant request for a Community Sustainable Agricultural training center at the Farm had been signed and submitted. The NABC was able to submit their application and all the accompaniments prior to the deadline.

Weber thanked Baenen for presenting the Farm report and asked him to welcome back Cheryl Sagmeister from maternity leave on behalf of the Board.

COMMITTEE REPORTS:

Marine Resources Committee (MRC), Northwest Straits Commission (NWSC) and Central Whidbey Chamber of Commerce (CWCOC): (Weber) MRC: Weber reported that MRC is on a summer schedule and the next meeting will be July 15th; the tentative plan is to view the Maxwelton Salmon Adventure/Watershed. NWSC: Nothing new to report. CWCOC: Weber said the meeting on June 12th featured a presentation by Graham Johnson from Island County Beachwatchers on the potential Marine Education Center. It was well received by the Chamber and they received very good public input. The Chamber is looking forward to seeing the compilation of all the data from all the presentations. Weber explained that the CWCOC also has a Public Affairs Committee that meets once a month, and she represents the Port on that committee. Other committee members include an EDC member, Mayor Nancy Conard, and/or Molly Hughes from the Town of Coupeville, Mary Alice Sterling from Front Street Merchants, Sarah Richards (President of CWCOC) and other alternates to the committee. Weber said she has received really good support of the Port's levy lid lift request from the Public Affairs Committee. Other events: Weber said she attended the Transportation Tour put on by the Island County Health Department and it was very well done. She also attended The Wharf Fest on June 22nd, the Greenbank Farm Classic Car Show on June 14th, a meeting of the Puget Sound Action Team, and the Whidbey Basin Action Workshop. She noted that Bronson had also attended the Transportation Tour and invited him to elaborate on it. Bronson said it was well organized, with the focus on trails and connectivity in order to develop a good free flow between Coupeville and Mt. Vernon/Burlington. He was especially impressed with all the activities and trails available on Anacortes Island. The Tour emphasized the importance of trails and was part of the Healthy Life Initiative.

Council of Governments (COG): (McDonald) McDonald said the COG primarily discussed recycling, with a presentation from the Island County Health Department. There are big issues with recycling and it was reported that at best, only 30% is being captured at the local facility and it seems to be declining. They will be accepting bids from recycling companies in August that will be reviewed in September, and hopefully the selected company will begin servicing the island early in 2009.

Regarding the Resolution on Sustainability, there were 10 suggested actions to residents and businesses adopted by San Juan County and COG decided on a casual basis that it would like to present with the Resolution to the public for consideration. The COG members were assigned the homework of reviewing those 10 actions with their respective organizations/committees and determine if they are acceptable or not, and if they would like to suggest them to the public.

McDonald said she would not be able to attend the next COG meeting and encouraged Bronson and Weber to forward their comments to Patton so he could send them back to COG. Weber said she is McDonald's alternate for COG and will attend the next meeting on July 23rd.

McDonald said COG sent notices to all involved parties that the deadline for submittal of the Rural Development Applications is August 11th. Although the Port is not applying this year, McDonald did mention to COG that the Port expects to apply next year for assistance with the foot ferry and the restoration of the dock and pier area.

McDonald reported that the Affordable Housing Summit would be held July 12th from 8:30 am to 3:00 pm at Coupeville High School.

Regional Transportation Planning Organization (RTPO) and Economic Development Council (EDC): (McDonald) Due to the summer holiday schedule, there were no meetings scheduled so McDonald had nothing to report. Washington Public Ports Association (WPPA): Nothing to report.

Puget Sound Partnership (PSP), Shoreline Management Program (SMP), Greenbank Farm Liaison and Scenic Byway Committee (SBC): (Bronson) PSP: All three members of the Board attended the PSP's Whidbey Basin Action Workshop on June 24th. Bronson said the meeting at Padilla Bay was well attended and they had some good presentations on different areas of activities before breaking into groups to discuss topics such as water quality and water quantity. He will attend the next meeting on July 22nd in Mt. Vernon from 1 pm - 5 pm. He mentioned that there is a proposal concerning Penn Cove, and he will share whatever information he learns.

As directed at the June regular meeting, Patton prepared a draft letter for Bronson's signature to Port Angeles Port Commissioner John Calhoun, who represents all 76 of the state's port districts at PSP. Weber explained that the Board and the Port of South Whidbey's commissioners were concerned that Calhoun had not communicated any information about the PSP meetings. Bronson read the letter aloud for the record. Weber added that at the June 10th meeting, McDonald had suggested Calhoun could provide his PSP reports through the WPPA newsletter. The Board thanked Patton for drafting the letter and Bronson signed it. SMP: Nothing new to report. Greenbank Farm Liaison: Regarding the Master Site Plan, Bronson said, Things are going swimmingly. He explained that the focus groups now consist of real contributors that have given considerable effort and thought to the particular issues. Bronson believes Keeler is precisely correct when she states that it will all coalesce. SBC: Nothing new to report.

NEW BUSINESS:

Request for sign and reduced moorage rate from Leisure Yacht Charters: Patton referred the Board to the letter from Jerry Saia of Leisure Yacht Charters. Saia has a large sailboat at the Wharf, and wants to take people sailing for a fee. Saia is currently being treated in the same manner as anyone looking for moorage at the Wharf - on a first come/first served, space available basis. Saia has requested that he be allowed to post a sign and to pay a reduced daily or monthly rate for docking his boat. Patton said he reviewed the Port's Transient Moorage Agreement - an interagency agreement with the Department of Natural Resources (DNR). He read aloud the following from that agreement: Use of the aquatic lands shall be consistent with DNR's public use policy: a) be available daily to the public on a first come, first come/first served basis, and not be leased to private properties on any more than a day-use basis.

Bronson asked about the whale watching boat that moors at the Wharf (the Mystic Sea). Patton explained that the arrangement with DNR allowed the Port to consider the Mystic Sea as a concessionaire in the Port's other lease with the DNR - the one for the Wharf and not for the aquatic lands. The rent payable to DNR was not increased; however, because the Mystic Sea was the only concessionaire on the Wharf that was water dependent. Bronson suggested looking into the possibility of using the fueling pier to moor the sailboat under the same circumstances as a lease. Patton said that for over a year, the Port has been operating under a holdover agreement, because the interagency agreement put in place in 1984 lapsed without notice by the Port or DNR until 2007. He recommends that the Board table Saia's request until the Port has a new moorage agreement with DNR. The Board agreed.

Repair of steel plates on fuel dock: Patton and Bronson had looked carefully at the steel plates that attach the fuel dock to the Wharf building, and noted that they are in desperate need of immediate repair. Patton called around within the Small Works Roster, but received only one response - from a Mt. Vernon company. Their estimate to replace the steel plates is $3,100. Patton said he still needs to confirm that the estimate includes installation costs, but even if it does not - the Port handyman could install the plates if necessary. Although the amount of the estimate is typically within the Executive Director's authority level, he would like the Board's permission to sign an agreement/proposal with that company. The Board directed him to do so. Bronson asked if there was an estimate as to when it could be completed, and Patton said he was told once the agreement was signed the company would start as soon as possible. Bronson said it is a definite hazard, and places the Port's income from fuel sales in jeopardy. Bronson noted that he greatly preferred that the company do the installation of the plates, because it's not going to be that easy.

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, August 13, 2008, 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 final May 2008 financial statement.

ACTION: A motion was made by Weber and seconded by Bronson to accept the final May 2008 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 Bronson and seconded by McDonald to approve by signature the July 2008 vouchers, numbers #763 - #789 for a total amount of $34,787.15. The motion passed unanimously.

ADJOURNMENT: There being no further business to come before the Board, Weber adjourned the meeting at 12:50 p.m.