Others Present: Jim Patton (Executive Director), Molly MacLeod-Roberts (Edwards & Associates), Virginia Bloom (Greenbank Farm Operations Manager), and Larry Ogle (Coupeville Resident).

Call to Order: The regular meeting was called to order at 10:32 a.m. by Commissioner Weber in the Coupeville Recreation Hall, located at 901 Alexander Street in 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 6, 2009, 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: 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)

Status of grant request for pumpout station: Patton reported the pump manufacturer, plumbing company (Harbor Plumbing) and electrical company (CK Electric) have all submitted their bids, and the total amount is nearly $22,000. Patton confirmed with the Department of Ecology (DOE) that there is enough money in the grant fund to reimburse the Port for the cost. Once the Port has received permits and sent the package to DOE, it takes 2-4 weeks for DOE to send the contract authorizing the Port to begin spending the money. Patton explained that it takes DOE two weeks to send a reimbursement check once they have received copies of the invoices the Port has paid. Weber said she has never seen the State of Washington respond to vouchers within 2 weeks, so the Port should understand that it could actually take 30-45 days from the time of submittal.

The State requires a 25% match and Patton noted that Ian Jefferds of Penn Cove Shellfish had previously indicated he would be willing to pay up to 25% of the cost. Patton informed Jefferds that the estimated cost for the pumpout station is now $22,000 (higher than originally thought), and Jefferds said his company would still provide the 25% matching funds ($5,000-$6,000). The Port can accept that money as a gift, as it is aligned with a specific expenditure.

If the Port moves forward expeditiously on the pumpout station, a significant chunk will be carved out of the Port's bank account, pending reimbursement from DOE. Patton said that the Port needs to wait on roof repairs for the wharf and other unbudgeted items, for which he has not been able to find any offsets. If the Port has to upfront the cost of the pumpout station, then clearly the Port should not be committed to another comparable expenditure at the same time. Weber said that if it's a decision between the roof and the pumpout station, "we've got to do the roof." Bronson disagreed because the roof isn't that bad and the Port should take advantage of the opportunity to install a pumpout station with the match provided by Penn Cove Shellfish. The Port would be fully reimbursed through the DOE grant. Bronson said there are no leaks in the roof, and in general it is a workable roof, but Weber said she was still concerned about it. Patton said again that he couldn't find any offsets to pay for the roof repairs - there is no money in this year's budget. Bronson said, "We can't afford to repair the roof this year, but we can afford to upfront the cost of the pumpout station because it's going to come out as a breakeven event." He felt the Port could not afford to pass up the opportunity and owes it to their customer, Penn Cove Shellfish.

Weber asked if the existing system on the Wharf had enough capacity to handle the addition of the pumpout station, and Patton reported that he had discussed the matter with Bob Geyer (who installed the existing system), Ian Jefferds, and Mark Dahl at Mariners Haven. Small boat holding tanks would be 15-20 gallons, and the existing wharf sanitation tank is 115 gallons, with two submersible pumps. Therefore, there is enough capacity and there should not be any problems. If there were extreme low tides or the restaurant and shops were extremely busy, the Port could simply limit the use of/temporarily close the pumpout station.

ACTION: A motion was made by Bronson and seconded by McDonald to accept Penn Cove Shellfish's offer for 25% matching funds and move forward with the Department of Ecology grant for the installation of the pumpout station on a reimbursable basis. The motion passed unanimously.

Boating and fueling activities: In comparison with previous years, Patton reported the income was about half. He reported just 1,200 gallons of fuel sold in May; when typically 2,500 gallons have been sold in previous years, and only $643 was collected in moorage. Repairs to fuel dock and insurance claim: Patton noted his previous email to the Board notifying them that the Port had received payment from Enduris, the Port's insurer, for the reimbursement claim. Mystic Sea activity: The Mystic Sea left early this year because business was way down and they didn't have the bookings they needed.

Wharf, causeway and park upkeep:

Estimate for Wharf roof repairs: Discussed earlier. Results of piling survey and plans for repairs: Patton said some individuals had called the Port office about the safety of the causeway after seeing newspaper articles about the failed pilings. He explained that the causeway is perfectly safe to be on, because only 5 of the 134 pilings have failed, and those 5 are not close together. Source of cedar for Wharf siding: Patton spoke with Malcolm Bishop, Coupeville's Public Works Director, this morning, and the Town is requesting that the Port wait until the 1^st week of August to remove the wood from the exterior of 905 N. Main due to concern about the appearance of the building during the height of the tourist season. Patton confirmed with the volunteers that waiting until August would not be a problem. He reported that the storage problem had been resolved, as the Town agreed the Port could store the removed siding inside the building at 905 N. Main St. The wood can then be cleaned and painted by the volunteers while it is indoors.

Publication of wharf history written by Roger Sherman: Per the Board's authorization, Patton said he had contacted Carol Moliter of Big Rock Design to get estimates on the costs of publishing the wharf history. For less than $1,000, Big Rock Design could provide 5,000 of the tri-fold style brochures. Patton noted that Sherman has indicated that he does not wish to copyright it and he has given it to the Port to "do with it what you will."

Bronson said he hasn't had a chance to read it yet, but he wondered how the whole thing could be fitted onto a rack card. Patton said it would have to be edited and/or condensed, particularly if they wanted to include pictures, because the original contains about 9 pages of text. He would clear any edits with Sherman. Bronson said he would like to see more before making a decision. McDonald said it would be disappointing not to publish the whole thing, and wondered if there had been any discussions of alternatives. Weber said she heard a rumor that the Island County Historical Museum might be interested in publishing it. Bronson suggested that if the Museum publishes it for resale, the Port could then just publish an extremely abbreviated version and stick with a rack card. The Board authorized Patton to meet with Rick Castellano, the Museum's Executive Director, to see if they are interested in publishing the wharf history. McDonald and Weber agreed with Bronson that a rack card would be sufficient if the Museum publishes the complete wharf history as written, and would serve as "a tickler" to purchase the full version.

Status of Comprehensive Plan Initiatives:

Progress on Plan B and the Greenbank Farm Conservation Easement: Patton noted that the definition of the Conservation Easement is supposed to emerge from the Master Site Plan which will soon be ready for adoption.

Master Site Plan (MSP) draft status and planned public briefings: The Board previously received the 2^nd draft of the Master Site Plan and Patton reported that the first public briefing will be held on Monday, June 29^th, at 6:30 p.m. at the Greenbank Progressive Club. The second public briefing will be held on Wednesday, July 1^st, at 6:30 p.m. at the Service Alternatives Building in Coupeville. He provided a sample of the color poster announcing the meetings, and added that a black and white version of the poster will be advertised in the local newspapers. Patton said the briefings will be announced and held as Special Port meetings, so the minutes will be transcribed. He pointed out that just as in the Comprehensive Plan briefings and the Master Site Plan Process briefings, the function of the Board at these two Special meetings will be to listen to the public.

Status of Puget Sound Energy (PSE) request for vegetation control easement at Greenbank Farm: Patton reported that "the check is still in the mail."

Status of the Community Supported Agriculture (CSA) project at Greenbank Farm and Port contribution to the Central Whidbey Food Bank in Coupeville: Bloom previously emailed a photograph of the farmers washing their produce under the temporary shed they built with excellent ingenuity. Molly Hughes of the Central Whidbey Food Bank telephoned the Port and said they were very pleased with the Port's contribution of a $500 CSA subscription providing 20 weekly deliveries of CSA produce.

Status of LOSS repairs at Greenbank Farm - priority for inclusion in the 2010 budget: In addition to the emergency repairs that have been completed, Patton noted that some long-term repairs are also needed. For example, the pumps for the main septic holding tank are not running efficiently and are difficult to access. The estimated cost for excavating and replacing the pumps is $8,000. He noted that the tanks and pumps for the community kitchen in Barn B were installed in a marginal way and concreted over. Reed's Construction estimates the cost for that work at $5,000 (on file at the Port office). Patton suggested listing the $12,000-$13,000 for the long-term repairs of the LOSS as a priority item in the 2010 budget. If the wharf roof has not been repaired by the end of 2009, Patton also recommended listing that work (estimated at $16,000) as a priority item in the 2010 budget. He explained that he would start working on the budget soon, since the Board is required to approve a preliminary budget no later than September 15^th and to adopt a final budget no later than the first Tuesday after the first Monday in October. In response to a question from Weber, MacLeod-Roberts explained that the deadline for the final budget and Levy Certification to be submitted to the County is not until November 30^th.

Letter to The Board of Island County Commissioners (BICC) re: Port representatives on Council of Government (COG) and Regional Transportation Planning Organization (RTPO): Patton noted that McDonald was no longer able to serve as the Port's COG or RTPO representative, and he asked the Board to clarify which Commissioner would take her place. Weber said she would take on the COG and Bronson agreed to take on the RTPO. Patton said he would write a letter to Mayor Nancy Conard to identify Weber as the Port's COG representative with Bronson as her alternate, and a letter to Mike Morton, the county transportation planner, to identify Bronson as the Port's RTPO representative with Weber as his alternate. Weber noted that they should look at the schedule again in the fall.

Greenbank Farm Management Report: Stansbury was unable to attend the meeting, so Farm Operations Manager, Virginia Bloom, was on hand to answer any questions the Board had regarding the May Report she previously emailed to the Board, which is included in these Minutes as follows:

The month started out with some turmoil with the situation of the aggressive dogs, which is being dealt with in part through your resolution referred to in Mr. Patton's email. I am glad that the Port is taking a strong stand in this matter and that the off-leash boundaries will be more clearly identified. I do want the injured parties, and those that came to the defense of both parties, to know that we take these issues seriously and do not want any harm or harassment of any animal or person while visiting the Farm.

We have had some very positive events at the Farm as well as two of the new student interns have started working. In working with Work Source from Oak Harbor, I found a program where the government will pay the wages for students needing summer jobs - minimum wage for up to 7 weeks, 40 hours per week. We now have two young ladies working for us, one in the office organizing and doing follow up phone calls and another in training with our festival manager helping with the Loganberry Festival. Both are from Oak Harbor and very happy to be working at the farm. We have a request in for at least 4 outside workers to do grounds maintenance such as fences, painting, brush control, and so forth.

The CSA has lost one of its interns, but other than the trauma caused by a very dramatic exit, all is well. They constructed for themselves a temporary wash area running a hose from the pea patch area and it works quite well. We have gotten an engineered plan from JH Husband Engineering at no cost and will proceed now on getting some estimates on construction of a permanent structure for next season. I hope to get this done mainly with volunteers. I met with a builder this afternoon about putting French doors in the north wall of the barn to allow access to the lawn on the north side for weddings and events. I feel this will greatly increase our ability to rent the facility. It will allow more privacy for the guests and for outdoor weddings, and adding to that I have also arranged for Island Concierge Services to set up and take down the tables/chairs for weddings so people are not faced with the need to spend a day doing set up and several hours doing cleanup, as I feel we lose a number of folks who don't want that chore. It would also allow us to book more than one event per weekend.

Bloom added that Susan Prescott redid the Farm's logo and came up with a tri-fold brochure (on file at the Port office) that the GFMG will print up and provide to the local Chambers of Commerce as well as the ferries. She reported that the latest issue of Northwest Business Monthly featured a large picture of the Coupeville Wharf and an ad for the Greenbank Farm, and the Loganberry Festival was one of the events listed on the page. The new logo will appear in all advertising and on the glasses in the Wine Shop. Bloom said the three art galleries also got together and produced a brochure as well.

Bronson said he had reviewed the financials and the Farm is doing very well. He said Bloom has done a good job of "rounding off the edges and finding ways to make more money." The GFMG is doing better, which means the Port is doing better. The Board thanked Bloom for her report.

Leases and subleases managed by GFMG:

1. Café renewal: Patton noted that the duration of the sublease renewal for Jan Gunn's café proposed by the GFMG would extend into the time beyond the Master Lease of the GFMG, so Port approval is required. All of the subleases in the Leased Area at the Farm will devolve to the Port as of April 1, 2014. Bloom worked hard to come up with a sublease to satisfy both the Port and Jan Gunn, who needs some assurance that after April 1, 2014, the Port won't kick her out. Gunn was placed under a holdover sublease when her last sublease terminated recently so that when a new sublease is executed, it will run beyond that date. Patton recommended that the Board approve the new sublease, which has a term of 5 years.

ACTION: A motion was made by Bronson and seconded by McDonald to accept and approve Jan Gunn's sublease for the Whidbey Pies Café as presented. The motion passed unanimously.

Weber and Bloom executed the sublease by signature. Patton said he would obtain Gunn's signature.

2. Longer leases for Market Farmers: Patton reported that the Market Farmers have been held to only one-year leases, and they have requested longer-term leases. Being outside the area leased to the GFMG, the small parcels allotted to the Market Farmers are covered by leases with the Port (not subleases with the GFMG) but are administered by the GFMG under an amendment to the Master Lease and the Management Services Agreement which describe the relationship between the Port and the GFMG. Bloom and Patton discussed the matter with the farmers, and concluded that a 5-year period would be satisfactory. Bloom subsequently put together a lease format. Patton noted that any 5-year leases signed after May 2009 must be approved by the Port because they would extend beyond the term of GFMG's Master Lease. He sought Board approval of the lease format and Board agreement that it is okay to authorize leases for that length of time.

Bronson noted that someone might want to start an orchard at the Farm, and would therefore want more than a 5-year lease. He said approval of the lease format should not say that the Port is restricting the leases to a 5-year term, and the Board agreed. Patton said the Board is only approving the lease format today, and the Board can establish the terms of the leases at any point. Bronson said it was a good format, and Bloom added that the 5-year term is fine for the Market Farmers.

ACTION: A motion was made by Bronson and seconded by McDonald to approve the lease format for the Market Farmers as presented. The motion passed unanimously.

Weber signed the sublease format as Board President.

COMMITTEE REPORTS: Greenbank Farm, Puget Sound Partnership (PSP), Economic Development Council (EDC): (Bronson) Greenbank Farm: Bronson noted that the entrance to the dog park will be moved and better signage will be put in place. He said the Farm looks very nice. PSP: Nothing to report. EDC: There was no meeting, but Bronson said he has been talking to Executive Director Sharon Hart to get himself oriented to what the EDC does.

Penn Cove Water Festival Committee (PCWF), Marine Resources Committee (MRC); Northwest Straits Commission (NWSC) and Central Whidbey Chamber of Commerce (CWCC), Regional Transportation Planning Organization (RTPO): (Weber) PCWF: Weber said the May 16^th Festival was very successful. The Committee was very pleased with the excellent press coverage of the event. Patton added that the PCWF had written a letter thanking the Port for the $1,000 contribution to the Festival (on file at the Port office). At Weber's request, MacLeod-Roberts read the letter aloud. CWCC: Next meeting is Thursday, June 11^th at 8:00 a.m. in the Coupeville Rec Hall. The CWCC has "gone green" and their newsletter (Chamber Notes) is now available only online. Weber reported the CWCC's membership is up from last year. The Visitor Information Center is now open Monday through Friday from 10 a.m. to 3 p.m. It is staffed with volunteers, and additional volunteers are being sought for a Saturday shift. MRC: During the summer, Weber noted that the MRC meets only once a month for a combined business/educational meeting. The next meeting is scheduled for July 7^th in the BICC Hearing Room. They are working on project proposals to present to the Northwest Straits Commission, which has $161,000 unused in the budget. The Island County MRC is looking at potential projects concerning eelgrass, forage fish and/or pigeon guillemots. The money must be allocated to local marine resource committees by June 30^th. Weber noted that MRC meetings have moved from Wednesdays to Tuesdays at 3:30 p.m. She said it is a pleasure to serve on the MRC. NWSC: No report.

Council of Governments (COG); Economic Development Council (EDC); Washington Public Ports Association (WPPA): (McDonald) COG/RTPO: Weber noted that the COG/RTPO June meetings were cancelled since the three Island County Commissioners were unable to attend. The next meetings will be held July 22^nd. WPPA: Weber noted that the Board had received the WPPA newsletter (on file at the Port office). Patton asked if McDonald wished to retain her position as WPPA representative and she said she would like to for now. Weber read aloud the following excerpts from the newsletter: "The WPPA is of the opinion that ports can operate renewable energy plants to serve their own needs. The ports have the authority to operate power generation facilities, such as wind turbine or solar panel farms."

NEW BUSINESS:

Potential for solar array at Greenbank Farm: Patton referred the Board to Justin Burnett's excellent article in the 6/10/09 edition of the Whidbey Examiner (on file at the Port office). He said Burnett not only captured all of the Port's efforts in terms of exploratory research into solar panels at the Farm, but he has also properly characterized it as exactly that - exploratory research. Patton noted that no decisions have been made regarding establishing a solar array field at the Farm, but he toured the Farm with members of the GFMG and staff from Puget Sound Energy and Silicon Energy and they identified a feasible area for location of a solar panel array on a 1-acre piece of land. Patton explained that within the last month, the Federal government began to move some stimulus money into the Department of Agriculture aimed at providing start-up grants for solar arrays. He added that Governor Gregoire just signed into a law a large scale Business & Occupations Tax Relief bill for building a solar array with panels manufactured in the State of Washington. Patton concluded that all the agencies now know the Port is interested in the possibility and they agree that the Greenbank Farm is a very suitable place to establish a "techno-tourism" footprint. He said they would continue with the research and he would keep the Board informed.

Resolution re: Rules for off-leash area at Greenbank Farm: After an owner brought an aggressive dog into the off-leash area and the ensuing problems that caused, Bronson felt it was an opportune time to review the whole situation and put it on a better footing. After meeting with Bronson and the GFMG, Patton drafted Resolution No. 149 (on file at the Port office) in order to accomplish the following: 1) Since the Port owns the land, the Commissioners wanted to take cognizance of the issue; 2) Re-draw the boundaries of the off-leash area to prevent intrusion into the CSA area and the parking lot next to the Jim Davis House; 3) Identify a new entry for the off-leash area away from the commercial area; and 4) Revise the rules for the use of the off-leash area. The new comprehensive rules (on file at the Port office) are consistent with the rules established by FETCH and the county.

ACTION: A motion was made by Weber and seconded by McDonald to adopt Resolution No. 149 as presented. The motion passed unanimously.

The Board executed the Resolution by signature.

Installation of new marine mammal skeleton in the wharf breezeway and letter of appreciation to the Beachwatchers: Patton said that Port Handyman Dick Tackett had installed the existing two skeletons with the assistance of some Beachwatchers. He noted that in the past the Port did not charge the Beachwatchers for Tackett's work. Installation of the new skeleton will probably take 4 hours of Tackett's time at $33/hour, plus some materials, for a total between $100 and $200.

Bronson asked, "Do the skeletons become the property of the Port, or are they the property of the Beachwatchers?" and "Does the Port insure them, or are they insured by the Beachwatchers?" Patton said those questions have never been asked before, and they are good questions. Patton noted that according to the wharf leases, if any tenants install anything on the wharf, it becomes the property of the Port. The Port does not have a lease with the Beachwatchers, but Patton said they could enter into a lease that specifically identifies the owners of the skeletons and the insurance requirements. Weber said the Beachwatchers' educational displays on the wharf should also be included. Bronson felt they needed to come up with some sort of agreement of who is responsible for that central section of the pier - the Beachwatchers or the Port - and they need an agreement on who owns and is responsible for the skeletons and other displays. Patton noted that the Port carries liability insurance for the entire wharf. Weber pointed out that the Beachwatchers are under the umbrella of the Washington State University (WSU)-Extension office and they have major insurance for all of their activities, so the Beachwatchers should have insurance coverage through WSU. Because there is a legal document that governs the presence and operations of the WSU-Master Gardeners on the Port's property at Greenbank Farm, Patton felt the Port should also have a similar document that governs what the Beachwatchers can and cannot do, and whether or not they pay for it. He proposed setting up a meeting with himself, Beachwatchers' Program Coordinator, Sarah Martin, and WSU Acting Director, Judy Feldman, and one Port Commissioner to discuss the issue. Weber agreed, and added that the central space on the wharf is very limited and it's getting very tight - this new marine mammal skeleton will probably be the final display. It's time to come up with some sort of legal agreement similar to that of the Master Gardeners. Bronson said he would work with Patton on the matter.

ACTION: A motion was made by Weber and seconded by McDonald to develop a legal agreement with the WSU Beachwatchers for their use of the wharf. The motion passed unanimously.

National Maritime Heritage Area (NHMA) - letter of support: Patton said he had attended two meetings led by a consultant hired by the State Department of Archaeology and Historic Preservation (DAHP) to familiarize all the potential stakeholders with the concept of an NHMA. Some brochures from the meetings are on file at the Port office. Patton reported that at the last meeting, they asked potential stakeholders to send letters of support to the DAHP for a feasibility study to go forward with the identification of a large area as an NHMA. At the first meeting, he had pointed out that with the exception of the Pacific coastline of Washington State, the footprint they laid down in their document is identical to the Puget Sound Partnership's footprint, so he asked if they shouldn't be working with PSP. Patton also noted that their list of objectives for such an area is identical to the mandates for all 76 ports in the State - economic development, promotion of tourism, etc. The consultant indicated that she had had one telephone conversation with Linda Lyshall of PSP and had provided a briefing at the recent WPPA meeting at Pasco, WA.

Patton related that Rick Castellano of the Island County Historical Museum briefed the Island County Commissioners on the NMHA, and indicated that he had written a letter of support. Sharon Hart of the EDC also wrote a letter of support. At that briefing for the county, Weber had expressed two reservations: 1) the creation of the organization would empower yet another competitor for the limited funds that are available in the area, and 2) the organization might be empowered to become one more regulator for land use in this area. County Commissioner John Dean said he was in favor of sending a letter of support and would put it on the agenda for the next county commissioners' meeting. Patton also spoke with Ebey's Landing Reserve Executive Director, Mark Preiss, who indicated they support the creation of an NHMA. Patton said that he had also spoken with Port of South Whidbey's Manager, Ed Field. Field said they fully agreed with Weber's view that there are too many unresolved issues, so they will not be writing a letter of support. Weber added that she had contacted several people at different ports, the NWSC, and the MRC's and most of them indicated they had not heard anything about the NMHA activity, nor had they been invited to the meetings. She understands that the Port of Everett and Port of Grays Harbor are also objecting at this point, because the proposed directives and objectives of the NMHA overlap those of ports.

Weber also contacted WPPA's Policy Analyst, who emailed a briefing on the subject (on file at the Port office), from which Weber read excerpts aloud.

Weber said there are too many unanswered questions and she is not supportive at this time. McDonald agreed there is not enough information available. Bronson stated, "I am 100% against it." Therefore, the Board unanimously agreed not to send a letter of support. Weber asked Patton to keep her informed of any future meetings, because she would like to attend.

ANNOUNCEMENTS & ADMINISTRATIVE ACTIONS:

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, July 8, 2009, at the Coupeville Recreation Hall at 901 Alexander Street in Coupeville, WA.

Coupeville Wharf Fest: Weber reported this year's event was scheduled for June 27-28 from 11 a.m. to 4 p.m.

Orca Network: Weber reported that June is Orca Recognition Month, and the Seattle Aquarium, Orca Network, and the Puget Sound Partnership are holding a Main Event on Tuesday, June 23^rd at the Seattle Aquarium at 6:30 p.m.

Monthly Financial Status Report: MacLeod-Roberts submitted the final April 2009 financial statement, and the Commission noted receipt of the 2008 Annual Report.

ACTION: A motion was made by Weber and seconded by McDonald to accept the final April 2009 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 June 2009 vouchers, numbers #1051 - #1073 for a total amount of $34,392.60. The motion passed unanimously.

ADJOURNMENT: There being no further business to come before the Board, Weber adjourned the meeting at 12:45 p.m.