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PORT OF COUPEVILLE MINUTES OF THE REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 12, 2008 Commissioners Present: Benye Weber, Marshall Bronson and Ann McDonald Others Present: Jim Patton (Executive Director), Molly MacLeod-Roberts (Edwards & Associates), Tom Baenen (GFMG President), Donna Keeler (Master Site Plan Coordinator), Nathan Whalen (Whidbey-News-Times), Justin Burnett (Whidbey Examiner), Richard Turner (Greenbank Resident), and Coupeville Residents: Larry Ogle, Michael Diamanti, and Gary Wray. 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 meeting of October 7 and special meeting of October 21, 2008, were available for approval and signatures. October 7 corrections: (Weber) Page 10, WPPA: All comments regarding the seminar should be attributed to McDonald; not Weber (a total of 3 instances). ACTION: A motion was made by Weber and seconded by McDonald to approve the October 7, 2008, meeting Minutes as amended. The motion passed unanimously. October 21 corrections: (Weber) Page 7, 5th paragraph, 4th sentence: Change to read: ACTION: A motion was made by Weber and seconded by McDonald to approve the October 21, 2008, meeting Minutes as amended. The motion passed unanimously. Patton said he would make the necessary corrections. SPECIAL PRESENTATIONS: Patton said that the Board needed to note that the editor of the Whidbey News-Times printed an erroneous headline regarding the election results. The headline read Regarding the levy proposition, Weber stated that although she was disappointed, she was not surprised by the election results. She would like to discuss potential future plans and available options under Unfinished Business later in the Agenda. MEETING OPEN TO PUBLIC INPUT: Weber opened the meeting to public input. Richard Turner, Greenbank Resident: Turner introduced himself as owner of Blue Heron Garden Service, a small agricultural/horticultural business in Greenbank. He and three other individuals have leased land at the Greenbank Farm since 2007. Turner has a ¼ share of ½ acre, and they pay $160 per acre. He explained that his business is a Turner claimed that in April, 2008 he, Matt Young, Linda Riley and Mike Seraphinoff had a meeting with Sagmeister concerning their agricultural lease and policies and procedures, during which they specifically requested the right to put up informational signs. Sagmeister gave approval for them to put up informational signage. Turner said the signs simply state Turner said he was very disturbed that he did not receive advance notice prior to the removal of his signs. The fact that it occurred the week before the election and the Port's levy request seemed indicative to him of the Weber thanked Turner for speaking to the Board. Since Bronson is the Port's Greenbank Farm liaison, she asked him and Patton to look into the matter. Larry Ogle, Coupeville Resident: Ogle stated that he had read the Port's Comprehensive Plan and requested each Commissioner to respond to his question: Weber read aloud the following from the Comprehensive Plan, page 1, Introductory Remarks: Ogle said there is a Special Review District Zoning map on page 60 of the Comprehensive Plan. He said that the map indicates a 20-30 acre piece for recreation, but he also noticed that there is no camping allowed, which is a recreational activity. Weber said, Ogle said the Port also has Ogle asked if any of the land at the farm could be used for a light industrial complex. Bronson explained that right now, it can not. He added that the Master Site Plan focus groups are working right now on recommendations and implementations for what can and should be done at the farm. The groups' work should be completed in the first quarter of 2009. Until that time, the Port is Ogle asked if the Port has their USDA Soils Report in hand. Patton said it is available at the Port office and is public information. Weber added she has it at home, too. Ogle asked if the Board is aware that most of the soils at the Greenbank Farm have been designated as not suitable for agricultural ventures. Weber said she is aware of that; however, most soils depend on what the landowner, farmer, or co-operator amends the soils with. She noted that the original soil survey at the farm was done in 1958. Subsequent changes have been attached to that survey. That attachment is available through the Whidbey Island Conservation District or the ASCS office in Mount Vernon. Weber explained the original survey was of different areas of the land at Greenbank - it was not an onsite survey of every portion, so there have been some changes. Ogle said, Weber thanked Ogle for his comments and asked if there were any additional public comments. 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 377 gallons of fuel sold in October. He explained that was ½ the amount sold in October 2007, which was ½ the amount sold in October 2006. At this time, Patton believes it would be counter-producttive to raise the mark-up price on the fuel. Current price per gallon is $2.86, compared to $3.01 per gallon in Oak Harbor. Raising fuel prices would also be a problem with the Port's best year-round customer - Penn Cove Shellfish. DNR approval of use of marina for passenger ferry: Patton said DNR had emailed an excellent response to the Port's request to permit concessionaires to operate from the Pier. The Port is still waiting for a new moorage lease agreement and is operating under a holdover letter from DNR. He read the email into the record as follows: Patton referred the Board to the November 7, 2008 Whidbey Examiner article titled, Patton said the Port will soon have the new DNR Moorage Agreement in hand, and it will permit concessionaires to operate from the Port's moorage facilities. Bronson noted the passenger-only ferry would also increase the Port's fuel sales, and Patton agreed. Patton noted that the Comprehensive Plan includes the initiative of making the Port's moorage facilities compatible with the Americans with Disabilities Act, so he is preparing to approach the state in an effort to secure a grant to do that. He will be very frank in his conversation and make it clear that the Port does not have the ability to match a grant with money. Status of Comprehensive Plan Initiatives: Progress on the Passenger-only Ferry: Discussed earlier in the agenda. Progress on the Marine Education Center (MEC): For the moment, Patton said the MEC has Progress on the Greenbank Farm Conservation Easement: While Patton and Bronson were at the farm for the monthly audit of the GFMG on October 30th, they were able to meet with Pat Powell, the Executive Director of the Whidbey/Camano Land Trust (WCLT, and go through the modalities of how to execute a Conservation Easement. The Port has completed the first step by obtaining the Attorney General's opinion that the Port does have the legal authority to transfer a Conservation Easement to another municipality (i.e., the county). The next steps are: 1) arrange an inquiry with Foster Pepper's bond attorneys to determine the effect of a Conservation Easement on the bonds' value or tax-free status, and, 2) determine how the Conservation Easement would be administered once it is transferred to the county. Powell said the routine is that the county Bronson added that Powell was very clear in saying that the Port should not enter into a Conservation Easement hastily, but wait until they decide what they want to do with the place first. Weber said that is the reason for the completion of the Master Site Plan and the recommendations that are forthcoming from the focus groups. The Port needs to know how much land, what area(s) of land and what the uses are for the land before proceeding with the Conservation Easement, and that is why the Port must first have the Master Site Plan in hand. Weber said the election results indicate that Helen Price-Johnson will be replacing Phil Bakke as District 1 Commissioner. Because Bakke was appointed and not elected, Price-Johnson will actually take office as soon as the election is certified on November 25th. She suggested Patton should contact Commissioner John Dean since he is the current chairman of the Island County Board of Commissioners and brief him on the Port's plans for the Conservation Easement. Progress on the Master Site Plan: (Keeler) Master Site Plan Coordinator, Donna Keeler, reported that all four focus groups met together on October 23rd and there were 20-25 group members that attended. Keeler said each group presented their draft recommendations and there were a lot of questions and comments throughout. At the meeting, she notified the four groups that they would be merging into one group for the final phase of the Master Site Plan, to Status of request for agriculture lease at Greenbank Farm (Herrera & Farrow): Weber noted the request was forwarded to the focus groups at the previous Board meeting. Keeler said she needed to meet with Patton and learn what area Herrera & Farrow are interested in, and then possibly meet with Herrera and find out if they are really set on one specific area, or if they are willing to change to fit existing zoning rules. Keeler explained that if they are interested in an agriculture-zoned area, it is a much simpler process to get a lease. If they are really set on a recreation-zoned area, it would have to be reviewed by the focus group, approved by the Board, and would require a zone change and county approval. That might take one year or more. Status of proposal for capital project at Greenbank Farm: Patton noted that the approximate size, estimated cost, and location of the new building have all been established. There are some additional things that need to be described in detail before approaching Senator Mary Margaret Haugen with the proposal. The Board has promised to present a plan that is as close to sustainable energy/energy independence as possible. Patton reiterated the Board's intent to make the project as In light of the earlier comments from the public, Patton felt it was important to explain why the new building is being pursued. In completing the Port's Comprehensive Plan, the Board recognized that the farm Status of CSA Project: Patton reported that work is nearly complete on the CSA's requested office space in the Jim Davis house. The space required an exterior doorway to be added, and the Port was able to do that at minimal cost and the Port's Handyman, Dick Tackett, was able to do the work. The onus is on CSA for the electrical, telephone and computer hook ups for the space. Additional information on the project will be provided during the GFMG Report later in the agenda. Status of Puget Sound Energy's (PSE) request for an easement at Greenbank Farm: Patton reported that they are still waiting for a letter from PSE amending their request for an easement so the wetlands area north of Wonn Road is omitted. The exact definition for the easement requested south of Wonn Road will depend on a visit and discussion with the PSE arborist. He expects the Port should receive the amended PSE letter prior to the regular December meeting. Status of the Large On-site Sewage System (LOSS) maintenance contract at Greenbank Farm: Patton noted the importance of the permit from the state Department of Health (DOH) to operate the LOSS because if it were withdrawn the Port would have to shut everything down at the Farm. The LOSS that the Port inherited from Chateau Ste. Michelle must have a careful inspection and be put under a maintenance contract with a state-qualified, reliable and competent sewage system operator as soon as possible. Patton persuaded the DOH to grant a Conditional Permit for 2009 but promised to begin a careful regime of inspections and tests immediately. Patton contacted Reed Tacia, owner of Reed's Construction, and requested an immediate and thorough inspection, preliminary to soliciting competitive bids for a long-term maintenance contract. The estimated cost of that initial inspection is about $1,900. Patton said that amount could be found within the 2008 budget and recommended proceeding with the inspection. The Board agreed with Patton's recommendation. Status of grease trap installation at café at Greenbank Farm: Patton noted that it is imperative to install a grease trap in the kitchen of the café to protect the LOSS. He contacted Harbor Plumbing and asked them to investigate the feasibility of installing a grease trap within the building rather than outside. It does appear feasible but the cost will be between $5,000 and $6,000. Patton will solicit bids from three plumbers on the Port's Small Works Roster. Once he as received those bids, he will make a recommendation to the Board. Patton said Jan Gunn, owner of the Whidbey Pies Café, requested that the work not be done until early January and preferably on a Monday and Tuesday. He recommended accepting that timeframe and the Board agreed with his recommendation. Abandoned Sailboat update: Patton reported the Port received a check in the amount of $3,021.96 from the Department of Natural Resources' Abandoned Boat Fund. DNR reimbursed the Port for 90% of the costs associated with raising the sailboat and repairing it sufficiently for sale at auction, less the $1,330 realized from the sale. Budget options available since levy lift failed: Weber requested this item be added to the agenda. She said the only thing she could see is Clarification of Patton's comments: Weber noted that Nathan Whalen's article in the Whidbey News-Times on November 5, 2008, read Repairs to fuel dock: Patton reported that the new steel plates for the fuel have finally been scheduled for delivery from the galvanizing plant next Thursday. Executive Director's budget comments: Patton referred the Board to the budget graphs he had prepared showing expenditures vs. budget. As of the end of September, the expense line has been kept way below the budget curve. He noted that the Port only gets Patton said it was at that juncture last year that the Board concluded Patton said it had been a learning experience. He thinks the public wants to hear from the Port that in spite of the outcome of the ballot proposition, the Port does not intend to make any rash decisions. Weber agreed. Bronson encouraged the Board to make an effort to make Greenbank Farm and the Coupeville Wharf more visible to the public, and hopefully the public will then be more supportive. Greenbank Farm Management Report: (Baenen) Baenen was on hand to answer any questions the Board had regarding the October Report he previously submitted via email and which is included in these Minutes as follows: The office for the CSA has been set up in the Jim Davis House. Anza Muenchow, the Project Coordinator, has begun work. The 2nd Annual Oktoberfest was successful. The 2008 Appeal opened on October 15th. The $15,000 Challenge Match should stimulate donations. On October 23rd, a meeting of all four long-range plan workgroups was held by Donna Keeler, the plan facilitator. A number of Greenbank Farm Board members are involved. The last Farmer's Sunday Markets were held in Barn A on the 26th. Vendors were pleased with results of the four extended markets held inside the barn. Market Manager, Colleen Hammer, reports vendor sign-ups for the Weekend Holiday Markets in the barn beginning November 29 and 30, 2008, are fully booked with a small waiting list. Events Manager Steve Marriott's final day was October 27th. His youth and exuberance will be missed. The September Financial Review for Leased and Managed Property was held with the Port representatives on October 30, 2008. The report was approved as presented. The Greenbank Farm Board of Directors has just under $4,000 more to raise to match our $15,000 Challenge. We know we can do it! This month we spent $1,100 to repair the Wine Shop dishwasher and $1,000 to repair the Catering Kitchen cooler cabinet compressor, so the Challenge Grant opportunity comes none too soon. Additionally, we finally had to replace the antiquated phone system. Baenen noted that at the end of last summer, the Board had passed the responsibility for leasing lands in the McDonald asked if Events Manager, Steve Marriott, would be replaced, and Baenen said the GFMG is re-examining their staffing needs. Regarding highway signage at the farm and the County's limitations for the signage, McDonald asked if it would be worthwhile to look at the issue again. She wondered if it would be worthwhile to meet with the tenants and ask what would work for them, and possibly increase or enhance what is there. She loves the new entrance sign, but wonders if it will be enough to attract the public to the shops. Baenen explained that the County Ordinance is very restrictive about signage throughout the county and not just at the farm. He noted that once the new entrance sign was designed, it took more than a year to get county approval. The ordinance allows for a billboard sheet no larger than 4 ft. by 8 ft., but they did agree to allow small signs on the two large wine barrels beside the sign as well. He noted that all the retail spaces on the main floor are leased to art galleries, and they are all working well together. Baenen pointed out that the new entrance sign represented a $20,000 investment completed through grants and individual gifts and volunteer work. Bronson said he had noticed that there is not a sign indicating that the farm is open to the public, and suggested it should be added to attract more people. McDonald agreed, and suggested signs such as Master Gardeners' request: Patton referred the Board to the letter from Judy Feldman, Acting Director of WSU-Island County Extension. Through the agreement between the Port, GFMG and the Master Gardeners, they have invested over $40,000 in plants and soil amendments since 2001, yet there is no signage to advertise that fact. Patton asked Baenen if the Master Gardeners would be included on the new sign or the adjacent barrels. Baenen pointed out that other than the farm itself, the Master Gardeners are the only operation that has a sign. There is a large sign in the Master Gardeners' display area as you turn into the Farm from Wonn Road. He also noted that the Farm's website includes a page for the Master Gardeners. It might be possible to add the Master Gardeners to one of the barrels. Baenen stated that the GFMG would do its best to give representation to everybody. Bronson said he looks at WSU-Extension as a non-paying tenant, so he doesn't believe the Port has any obligation to provide advertisement for a non-paying tenant. Baenen noted that all of the farm agreements require any signage to be in compliance with the Island County ordinance and the Greenbank Farm rules, and by far the toughest is that of the county. Patton suggested that Feldman could be included the next time he and Bronson meet Baenen for the monthly audit at the Farm. The Board agreed, and Weber suggested that Richard Turner's concerns about his signs could also be addressed at that time. The Board 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 said she attends MRC meetings on the 1st and 3rd Tuesdays of the month. She provided a summary of the Draft Minutes from the October 21st meeting, which are on file in the Port Office. At the Educational meeting on November 4, Guest Speaker Kristin Cooley of the Puget Sound Partnership (PSP) talked about the education, outreach and volunteer planning progress of the Partnership. Weber noted that PSP's Action Plan came out last week. It is very large, yet the turnaround time for comments is very quick. The MRC is therefore only looking at the Whidbey Basin Report, because, as an MRC, they are encouraged to have their comments to the NWSC by November 14. Weber said she would pass on her comments on the Action Plan to Bronson, who is the Port's representative for the PSP. She stated that she is concerned about Council of Governments (COG); Economic Development Council (EDC); Regional Transportation Planning Organization (RTPO); Washington Public Ports Association (WPPA): (McDonald). WPPA: Nothing new to report. EDC: McDonald reported that the EDC did not meet in the past month, but she is Vice President of the EDC and they have an Executive Board which will have a meeting tomorrow. The election of new officers will take place next week, and the EDC Board will also introduce new employee Bill Boring, hired to work part-time on Camano Island. RTPO: McDonald explained that Island County RTPO meets twice a year with the Skagit RTPO, and last month was that joint meeting. Approximately 30 elected officials, including Senator Mary Margaret Haugen and two of the Island County Commissioners attended the joint meeting along with members of the general public. McDonald said the joint meetings are always interesting and productive. David Mosely, Director of the Washington State Ferry System presented his report and discussed the upcoming bids for two 64-car vessels for the Port Townsend/Keystone route. The deadline for the bids was November 6th, and RTPO was promised the bid would be awarded before Thanksgiving. A wrap-up of last month's Farmhouse Gang Workshop was presented. One of the main topics for that workshop was whether or not another layer of government should be created with the Farmhouse Gang, and it was determined that would not happen. The meeting included a lot of discussion about rail systems and trains and their increased use in the future. In December, McDonald hopes to join a group that will take the train to Portland to view that city's very successful example of pairing transit and rail. Cascadia Group of Seattle is putting it together and will pay for participants' travel. It is a one-day trip, and they will pay to fly them back as well. McDonald reported that San Juan County is in the process of forming an RTPO. They would then become a sub-region with Whatcom County. The Washington State Department of Transportation review included a handout titled, Greenbank Farm and Puget Sound Partnership (PSP): (Bronson) Bronson said the Greenbank Farm and PSP had both been well covered earlier in the meeting. He added that progress is being made at the farm, and he is continually surprised and heartened by the enthusiasm and dedication of the volunteers working on the committees, and the fact that they are all coming together in an agreeable group. Weber said she wanted to thank her fellow Board members for all their volunteer hours spent attending various committee meetings without travel reimbursement. NEW BUSINESS: There were no new business items. ANNOUNCEMENTS & ADMINISTRATIVE ACTIONS: Final Budget for 2009: (Patton) Patton presented Ordinance/Resolution No. 147 for the Board's approval. He explained that the levy would be increased by $3,275, which is a percentage increase of 1% from the previous year. That increase is exclusive of additional revenue from new construction, etc. ACTION: A motion was made by Bronson and seconded by McDonald to approve and adopt Ordinance/Resolution No. 147 in compliance with RCW 84.55.120 authorizing an increase over the actual levy amount from the previous year of $3,275. The motion passed unanimously. Ordinance//Resolution No. 147 was signed by the Board of Commissioners and will go into effect immediately. The resolution will be forwarded to the Island County Treasurer and the Tax Assessor and a copy of this resolution is on file at the Port office. Patton referred the Board to their copies of the Levy Certification, which Charles Edwards had signed as Auditing Officer for The Coupeville Port District and which will be forwarded to the Island County Treasurer and the Tax Assessor. A copy of this certification is on file at the Port office. Patton noted that the certification states that the total dollar amount to be levied is $338,200, which is the Highest Lawful Levy amount. He explained it includes the 1% increase and the estimated amount of additional levy from new construction taxes. The tax assessor recently updated that estimate, and it is now $1,600 less than previously estimated in August. He recommended the Board permit him to make an adjustment to the 2009 Budget adopted on October 7, 2008, to reflect a decrease of $1,600 for Levy Revenue. ACTION: A motion was made by Weber and seconded by Bronson to approve the adjustment to the Final Budget for Fiscal Year 2009 as proposed. The motion passed unanimously. Next Port regular public meeting: The next regular monthly meeting of the Port's Board of Commissioners will be held at 10:30 a.m. on Wednesday, December 10, 2008, at the Island County Commissioners' Hearing Room, B-102, #1 NE 6th Street in Coupeville, WA. Monthly Financial Status Report: MacLeod-Roberts submitted the final September 2008 financial statement. ACTION: A motion was made by Weber and seconded by McDonald to accept the final September 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 November, 2008 vouchers, numbers #867 - #886 for a total amount of $18,411.18. The motion passed unanimously. ADJOURNMENT: There being no further business to come before the Board, Weber adjourned the meeting at 12:40 p.m. |