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PORT OF COUPEVILLE MINUTES OF THE REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 13, 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), Nathan Whalen (Whidbey News-Times), Bob Becker (Coupeville resident) and Greenbank residents: Glen Russell, Rich Turner and Charles Knutila. Call to Order: The regular meeting was called to order at 10:30 a.m. by Commissioner Weber in Room B-102, Island County Commissioners Hearing Room, located at #1 NE 6th 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 meetings of June 11 and July 9, 2008, were available for approval and signatures. ACTION: A motion was made by Bronson and seconded by McDonald to approve the meeting Minutes as submitted. The motion passed unanimously. SPECIAL PRESENTATIONS: Letter of Appreciation for Mr. Bob Becker: On behalf of the Board, Commissioner Weber read aloud the letter of appreciation for Becker's voluntary efforts in assisting with the raising of the abandoned sailboat that sank in April in waters leased to the Port by the Department of Natural Resources, and then presented the letter to Becker. Becker thanked the Board, and noted that the air bags he loaned to the Port to help raise the sailboat MEETING OPEN TO PUBLIC INPUT: Weber opened the meeting to public input. Glen Russell, Greenbank Resident: Russell introduced himself as a Greenbank resident of 35 years and wished to speak to the Board regarding public access at Greenbank Road (now known as Wonn Road) being blocked by a wall built by Bruce Montgomery. He had prepared written comments that he read aloud. He provided the Board with a map from the Island County Planning Department that he stated clearly shows site #28 at the end of Greenbank Rd. is under the ownership of Island County. He said that state law says that roads and uplands extend to mean high water, which is 172 ft. inland from the water. Greenbank Rd. is a 40 ft. wide public road, and the County has always claimed access. Russell said Montgomery has a clouded deed for the tidelands fronting the road, and the County has unfortunately taxed Montgomery. The matter has been referred to the Island County Prosecutor for legal review. Russell stated there is a strong case for public ownership of this public access since it has been continuously used by the public since the first settlement of Greenbank. The landing there was the original location of the town of Greenbank. The remains of Greenbank Landing are still there, and the town dock was used for ferries and large steamers. The settlers who purchased land in the area were promised public access to the wharf. He showed an old brochure from that time period. Russell said there was a recent similar case on Bainbridge Island in Kitsap County, and showed an article titled, Russell noted that the Port of Coupeville's Comprehensive Plan 2007-2026 states that a primary mission of the Port is to promote economic development. He referred the Board to Section 3, Projects & Initiatives, which states, Russell said that he spoke last week with the former Greenbank Fire Chief, Smokey Hoover, who said in the 1960s it was determined that public access was required to the shore, including the dock, as a source of emergency water supply for the Fire Department. The Port's Comprehensive Plan also mentions the Holmes Harbor public water access, and he read aloud the following excerpts: Weber thanked Russell, and added that the three Board members were all very much aware of the Comprehensive Plan they approved in May, 2007. The Port had an Advisory Committee that worked on it for 14 months, followed by a public review which sought public input at four different locations within the boundaries of the Port district. She added that she, McDonald, Bronson and Patton had all received Russell's letter, and said they are also aware of Russell's letters to the editor of the local newspaper and his various contacts with different departments within Island County's government. Weber said if Russell had something new to bring to their attention, they would be happy to hear it, but since the Board has read all the newspaper articles and reviewed Russell's letter there really is nothing more the Port can do at this point. The Island County government is currently researching facts on the ownership of the tideland parcel claimed by Montgomery. Weber said she has to have faith in the county's best efforts to do that. She appreciates Russell coming forward today and would like to hear any new or additional information that the Board does not have yet. Russell said he believed he had some new information for the Board, and resumed reading his written comments as follows. He said Greenbank Landing would be a central hub for a marine transportation link up and down Saratoga Passage. Weber said, Russell concluded by saying he came before the Board as a citizen of Greenbank and a representative of Save Our Beaches. The Board thanked him for his presentation. 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 noted that historically he has presented the fuel sales based on a dollar amount, rather than the number of gallons sold. In light of unstable fuel prices, reporting the dollar amount is not an accurate means to measure and compare, so today and in the future he will report the amount of gallons sold instead. In July 2008, the Port sold 2,700 gallons of unleaded gasoline and diesel, and collected just over $1,000 from the $0.40 per gallon mark up. Patton noted that in July 2007 the Port sold twice as much fuel. In 2006, the Port sold 6,000 gallons of fuel at $2.70/gallon and made $2,400. Weber asked if that amount was the net profit, and Patton explained that it was gross profit because payments for the annual insurance on the fuel tanks, the annual calibration of the fuel pumps, the electricity for the pumps and payment of the dockhand while he pumps the fuel are all deducted from the gross profit made from fuel sales over the course of the year. Therefore, the Port essentially nets Patton said that without including income from the levy, the Port brings in about $50,000 per year from rents, fuel sales and marina services. However, the Port pays an average of $86,000 per year for the Executive Director, the Harbormaster, the dockhand and the handyman. The $36,000 difference comes out of the levy. Patton explained that he is preparing a Fact Sheet, and that is the kind of information the public needs to be aware of, and Weber agreed. He noted that their policy of keeping minimum fuel inventory and tightly managing the fuel inventory has made it much easier to ride the ups and downs of the fuel cost curve than the Oak Harbor Marina, which lost $10,000 over the last year on their fuel services. The Port's gas prices per gallon are currently $4.35 vs. Oak Harbor at $4.64, and the Port's price for diesel is $4.00 per gallon while Oak Harbor's is $4.85. With its larger tank capacity, Oak Harbor has not been able to ride the cost curve efficiently. Repairs and disposition of abandoned sailboat, Status of restaurant lease assumption: Long Bechard, owner of Long's Café, reported that the individual who sought to assume her lease has not been able to come up with the money to buy the Café, so she will remain as a tenant. If the individual provides the money, Bechard is prepared to sell at that time. Status of KWPA installation and lease of space in Harbor Master's office: Patton said he and Bronson had cleared about 80 square feet in the Harbor Master's office to make room for radio equipment, which still left 40-50 square feet for the Harbor Master. Patton noted that the Board had approved in principle the Lease Modification Agreement that allowed William Bell of Local Grown to delete from his lease the responsibility to operate KWPA radio station. Bell has signed two copies of that Lease Modification Agreement and it is now ready for the Board's signature. Patton also presented the Board with a Lease Agreement for KWPA Radio to lease 80 square feet in the Harbormaster's office. He recommended a security deposit of only $50 and liability insurance in the amount of $25,000. ACTION: A motion was made by Weber and seconded by McDonald to approve and adopt the Lease Agreement with KWPA as submitted. The Motion passed unanimously. Weber then signed two copies of the Lease Agreement as President of the Board. ACTION: A motion was made by Weber and seconded by Bronson to approve and adopt the Lease Modification Agreement with William Bell as submitted. The Motion passed unanimously. Weber then signed two copies of the Lease Modification Agreement as President of the Board. Status of negotiation of new Transient Moorage Agreement with Department of Natural Resources (DNR): Patton reported that he had forwarded the Whidbey News-Times article about a passenger-only ferry between Coupeville and Camano Islands to Don Olmstead, DNR Director of Port Agreements. Patton also emailed Olmstead and explained that the Port believes having a concessionaire such as a passenger-only ferry operate from its moorage is vital to the economic development of the community. Patton also requested clarification of the aquatic lands lease by the DNR, and pointed out that the Port of Anacortes routinely permits concessionaires to operate from its moorage. The Port of Anacortes doesn't have the same element in their aquatic lands lease as the Port of Coupeville that prohibits providing moorage to concessionaires. Olmstead has not yet responded to the email, but Patton anticipates an answer by the Port's regular September meeting. Status of Comprehensive Plan initiatives: Progress on the Passenger-only Ferry initiative: Patton reminded the Board that his research turned up a 1995 ferry study that was conducted for Island County. The methodology for the study was very sound, and concluded the cost of transporting Island County employees between Whidbey and Camano Islands was $27,000 per month. Island County Commissioners Dean and Bakke now have that study, and it was brought up at the last meeting of the Board of Island County Commissioners (BICC). As a result, the BICC has assigned Bill Oakes, the head of the Public Works Dept., with the task of updating the study. The BICC is looking for a response by September 22, 2008. Patton will email the Board with any additional information. Progress on the Marine Education Center (MEC): Patton attended the recent meeting with Washington State University (WSU) Beachwatchers and some other stakeholders, which was a sort of Progress on the Greenbank Farm Conservation Easement: Patton reported he had received a copy of the interim response to Senator Mary Margaret Haugen's letter sent on behalf of the Port to the State Attorney General, requesting an opinion as to whether the Port has the authority to transfer development rights on property that it owns to another municipality. MacLeod-Roberts read aloud the letter addressed to Senator Haugen from Deputy Solicitor General James K. Pharris which promised an informal opinion before the end of September (copy on file). If the opinion is affirmative, Patton noted that Michael Stansbury, a recently retired attorney and now the treasurer of the Greenbank Farm Management Group, has obtained all the pertinent bond information and is prepared to go to Foster Pepper and ask their opinion as to the effect a Conservation Easement would have on the bonds with which the Port purchased the farm. Progress on the Master Site Plan: The focus groups will not be meeting during the month of August, but Master Site Plan Coordinator, Donna Keeler, has sent out the September schedule for all four groups. She will be working hard to coalesce all the ideas from the focus groups into writing, so that the Port can begin to develop the planning document. Patton said Keeler has done very, very good work and Weber agreed. Weber noted that all four groups will tentatively meet together in October, in order to have information for a capital budget project submission by the end of October. Port Finances: Patton referred the Board to the email and the financial charts in their folders. The Port has been keeping expenses to a minimum. Halfway through the year, the Port has received 49% of the anticipated revenues and incurred 41% of the anticipated expenses. Three Preparations for the levy lift request - fact sheet printing and mailing costs, advertising for Patton stressed that it is very important that the Port establish a paper trail of making a good faith effort to bring forth advocacy committees for and against the Limited Proposition. It is also very important that the Board be Patton showed the Board a full page ad from the local paper encouraging the public to vote Patton said the law provides the opportunity for the Port to adopt an He has also been working on the Fact Sheet, and will have the PDC Subleases at Greenbank Farm; GFMG letter clarifying policies; resolution of exclusivity issue: Patton said he had received a letter dated August 8, 2008, from Michael Stansbury of the GFMG in response to Weber's letter requesting a resolution of the conflicting subleases within 30 days. MacLeod-Roberts read Stansbury's letter aloud (copy on file). Weber said, if indeed the problem has been resolved as the letter states, then that takes care of the situation. Bronson and McDonald agreed it had been resolved. Patton explained that Stansbury sent another letter dated August 11, 2008, to supplement the August 8, 2008, letter. MacLeod-Roberts read the letter aloud (copy on file). ACTION: A motion was made by Bronson and seconded by McDonald to amend the sublease for Artworks Gallery to remove the exclusivity clause. Patton noted that although they have a letter from GFMG, they do not have an equivalent letter from the Artworks Gallery. In order to amend their sublease, Artworks Gallery must first send a letter to GFMG requesting the change, and GFMG must approve it. GFMG must then present both Artworks' request for amendment and GFMG's approval of the amendment to the Port for approval. ACTION: As a result of Patton's explanation of proper procedure for subleases, Bronson withdrew the motion, and McDonald withdrew her second. Commissioner Weber asked if there was any additional contact from Linda Shafer of the Artworks Gallery, and Patton said there had not been. Greenbank Farm Management Report: (Baenen) Baenen was on hand to answer any questions the Board had regarding the July Report he previously submitted via email and which is included in these Minutes as follows: The Community Sustainable Agricultural (CSA) grant request was completed, signed and submitted on time. Maryon Atwood, Special Projects Director at the Northwest Agricultural Business Center, spearheaded this grant request. She has requested through WSU Extension Service interim funding in order to start working on the CSA Program as it relates to the Farm Work on resolution of a tenant's concern at the Farm continues. The Loganberry Festival, July 26-27, 2008 preparation, set-up, presentation and take-down was the principle focus of Board and Staff throughout the month. The Board was notified the The trusses for the new sign have been delivered and work on the Route 525 sign should resume next month. The 2008 Loganberry Festival was deemed a success. It was shut down late in the day on Sunday due to heavy rain, but the Review of June's financial report on Managed and Leased property with Commissioner Bronson and Executive Director Patton took place on July 30, 2008. Baenen provided additional information that did not fall into the July timeframe as follows: Artworks Gallery is restructuring its own makeup, so they have not had a chance to respond in writing to the request to change. Airside, Inc. is one of the upstairs office tenants at the Farm, and their lease expires next June. They are requesting an additional year - through May 2010. Baenen asked if the Board wanted Airside to sign a new lease for duration of 12 months or if the existing lease should be amended to add one year. Weber asked Patton for his opinion, and Patton responded that amending a lease puts things on shakier ground. As he recalls, the existing lease entitles the tenant to request the lease be renewed for Baenen had questions regarding the agricultural lands leases, and noted that all of the renewed lessees are now gone. Since the GFMG now has the responsibility for those leases, he asked if they could have a copy of the Port's lease template to use when formulating new leases. Patton said with Board approval, he would work with GFMG and Farm Manager Cheryl Sagmeister and bring to them the Port's fundamental lease arrangements. The Board agreed. Baenen also mentioned that Gordon from Gordon's Restaurant would be conducting a cooking demonstration at the Sunday Market on August 24th. Gordon uses local produce in his business, most of which he buys from the Farmer's Market at Greenbank Farm. Baenen also noted the lease for the alpaca area was up July 1st. They are in effect a holdover tenant and GFMG has not received any notification from them, and they are on a 30-day basis at this point. He did add that the alpacas are being cared for. Bronson asked if they were current in payments, and Baenen said they are not - they are behind in rent as of August 1st, since they were paid up through July. Weber thanked Baenen for his report. COMMITTEE REPORTS: Marine Resources Committee (MRC), Northwest Straits Commission (NWSC) and Central Whidbey Chamber of Commerce (CWCOC): (Weber) MRC: Weber reported the next meeting is scheduled for August 19th in South Whidbey. She explained it would be a joint meeting with the Snohomish MRC at the Clinton dock. There will be a potluck picnic and the MRCs will compare achievements and look into future cooperation for some projects the Snohomish MRC is doing. The Island County MRC allocated $3,080 to the Whidbey Island Conservation District to help sponsor their workshop for contractors and $2,000 for the Pigeon Guillemot brochure. They also approved $12,000 to purchase equipment and train and deploy Beachwatchers to survey eelgrass in Island County. NWSC: At their meeting on July 24th, the NWSC talked about the Puget Sound Partnership. The NWSC brings together all seven of the MRCs in the Puget Sound area. The Island County MRC made a presentation on their eelgrass project that recently started. Weber also reported that Don Meehan, the lead agency individual for the Island County MRC, has submitted his retirement papers for the WSU-Extension office. However, he has accepted a position with WSU and will be in charge of natural resources in this area. The committee was told it usually takes 6 months to fill the position of lead staff agent, and in the interim WSU will probably appoint Judy Feldman, the 4-H coordinator. CWCOC: Weber did not attend last month's meeting since it conflicted with the Affordable Housing Summit. She said the Summit was packed; it went very well and was a real eye-opener. The next CWCOC meeting is at 8 a.m. tomorrow in the Fellowship Hall at the Methodist church. EDC: Weber said she and Bronson had attended the EDC luncheon with Governor Gregoire on July 21st. She said the Penn Cove Water Festival, of which she is a member, was approached about the possibility of a gift for the governor, since she is a collector of Native American Arts. The Penn Cove Water Festival was asked to give a framed art print, and Coupeville Mayor Nancy Conard presented it to Governor Gregoire on the Festival's behalf and that of every festival in and around Coupeville. Council of Governments (COG): (McDonald) Weber attended the July 23rd meeting in McDonald's stead. She received a Sustainability Resolution that she would like the Board to look at later in the meeting. Regional Transportation Planning Organization (RTPO) and Economic Development Council (EDC): (McDonald). RTPO: Nothing new to report. EDC: McDonald attended the EDC Board of Directors on July 16th. The guest speaker was Dom Amor, the local government and community relations manager for Puget Sound Energy (PSE). PSE has opened an office in downtown Freeland. The EDC reviewed the Governor's luncheon they held on July 21st and termed the sold out event as Washington Public Ports Association (WPPA): Nothing to report Puget Sound Partnership (PSP), and Greenbank Farm: (Bronson) PSP: Nothing new to report. Greenbank Farm Liaison: Bronson said Baenen's report summed up the activity well. Although he didn't make it to the Loganberry Festival, he did attend the Highland Games event , which was well attended and well organized. Bronson said Greenbank Farm is really becoming more and more of a center of activity for the whole Island. He added that the Tourism Committee is going to try to have a Weber noted that the GFMG was supposed to submit an Annual Report back in May, but they were unable to submit it on time because they were changing their bookkeeping system. Weber asked Patton to remind the GFMG that they are still waiting for that Annual Report on the Farm Operations. She would also like to know when the GFMG's board meetings are held. NEW BUSINESS: Sustainability Resolution: Weber presented the latest Sustainability Resolution as presented by the COG for the Board's consideration. She noted that COG includes representatives from the cities of Oak Harbor and Langley, the town of Coupeville, the port districts of South Whidbey and Coupeville, and Island County. ACTION: A motion was made by Weber and seconded by McDonald to approve COG's Sustainability Resolution 01-08 as submitted (copy on file). The motion passed unanimously. Weber then read aloud the list of recommended actions for County residents and businesses to take that were attached to COG's Sustainability Resolution. ACTION: A motion was made by Weber and seconded by McDonald to approve the recommendations as submitted. The motion passed unanimously. OLD BUSINESS: Letter to Patrick Jones, retired Executive Director of WPPA: As directed by the Board at a previous meeting, Patton had prepared a letter to Jones congratulating him on his retirement and welcoming him to Island County. Weber read the letter (copy on file), and all three members of the Board signed it. EXECUTIVE SESSION: Patton's contract proposal: At 12:12 p.m. Weber called the Board into an Executive Session to review Patton's contract proposal and consider his performance and qualifications. Weber closed the Executive Session at 12:20 p.m. and returned the Board to the Public Meeting. ANNOUNCEMENTS & ADMINISTRATIVE ACTIONS: Action in response to Patton's contract proposal - motion and discussion: ACTION: A motion was made by Bronson and seconded by McDonald to accept a new agreement for services with Patton for two years. Bronson said that Patton is thorough, agreeable to work with, and a good advisor at all times, and the other Board members strongly agreed. All three indicated they were happy and pleased to sign the new contract. Bronson said Patton has been of The motion passed unanimously. Next Port regular meeting: Bronson stated that he would not be able to attend the next regular monthly meeting that was scheduled for September 10, 2008. Because the Board felt it was important for all three commissioners to be present to approve the Preliminary budget for 2009, the regular monthly meeting of the Port's Board of Commissioners was rescheduled and will be held at 10:30 a.m. on Monday, September 8, 2008, in the Island County Administration Building, Room 116, located at #1 NE Seventh Street, in Coupeville, WA. The Board also agreed to reschedule the regular October meeting from October 8th to October 7th. That meeting will include the Public Hearing and adoption of the Final Budget for 2009. Monthly Financial Status Report: MacLeod-Roberts submitted the final June 2008 financial statement. ACTION: A motion was made by Weber and seconded by McDonald to accept the final June 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 Weber and seconded by McDonald to approve by signature the August 2008 vouchers, numbers #790 - #809 for a total amount of $30,978.43. The motion passed unanimously. WPPA Request from Executive Director's Conferences: Weber referred the Board to WPPA's request for identification of the three challenges the Board is in control of and the three challenges that others control. Patton explained that WPPA had made the same request of all port executive directors, and now they are requesting the same of all port commissioners. Weber read aloud Patton's response pertaining to challenges under the Board's control: 1) fiscal solvency/ budget control, 2) maintenance of Wharf and Farm buildings; selective expenditures, and 3) execution of the Comprehensive Plan's projects and initiatives, including prioritization and funding control. Patton identified the three challenges that others control as: 1) the levy lift (voter controlled), 2) the Conservation Easement (controlled by Attorney General, the bond attorneys, and Island County), and 3) new building for Greenbank Farm (state legislators control). Weber felt Patton's responses were well said, and agreed with the identified challenges. Bronson and McDonald concurred, and the Board agreed that they all forward their individual esponses to WPPA Executive Director Eric Johnson. ADJOURNMENT: There being no further business to come before the Board, Weber adjourned the meeting at 12:25 p.m. |