December 12, 2005
BOARD OF COMMISSIONERS
REGULAR MEETING
CALL TO ORDER PUBLIC MEETING
Commission President Bob Moser called
a regular meeting of the Port of Vancouver USA Board of Commissioners
to order at 8:04 a.m., December 13, 2005, at the Port of Vancouver
USA Administrative Office, 3103 N.W. Lower River Road, Vancouver,
Washington 98660.
EXECUTIVE SESSION
The regular meeting was recessed into
executive session at 8:04 a.m. for the purpose of discussing
real estate and property acquisition issues, which included
a tour conducted by staff. The executive session ended at 9:15
a.m.
OPEN TO THE PUBLIC
The regular meeting was opened to
the public at 9:34 a.m. by Commissioner Moser with an announcement
that the Port of Vancouver USA Board of Commissioners had been
in executive session from 8:04 to 9:15 a.m. for the purpose
of discussing real estate and property acquisition issues, including
a tour conducted by staff. He stated that no action was taken
during the executive session.
OPENING REMARKS BY PRESIDENT
AND
EXECUTIVE DIRECTOR
Executive Director Larry Paulson
introduced and welcomed guests.
In attendance were:
| Bob Moser |
Commission President |
| Nancy Baker |
Commission Vice President |
| Arch Miller |
Commission Secretary |
| Larry Paulson |
Executive Director |
| Todd Coleman |
Deputy Executive Director |
| Maggie Smith |
Director of Finance/Auditor |
| Addison Jacobs |
Director of Public Affairs |
| Patty Boyden |
Director of Environmental
Services |
| Curtis Shuck |
Director of Facilities |
| Alicia Lowe |
Port Counsel |
| Mike Schiller |
Operations Manager |
| Marie Day |
Executive Assistants |
| Maureen Chan-Hefflin |
Communications Manager |
| Mark Schmidt |
NW Protective |
| Michael Bradley |
Port Security |
| Paul Amos |
Columbia River Bar Pilots |
| Steve Kadow |
ILWU-Local 4 |
| Ken Brooks |
Port Security |
| Lee McAllister |
Citizen
|
| Robert Dreyfuss |
Citizen |
| Carol Record |
Citizen
|
| Cager Clabaugh |
Clark Skamania West Klickitat
Labor Council |
| Michael Garone |
Schwabe Portland |
| Mike Richards |
OPEIU Local 11
|
| Ward Hust |
ILWU Local 4 |
| Dave Yewman |
Dash Consulting |
| Harlan Carlson |
Port Security |
| Matt Kuhnel |
Port Security |
| Hayward Toler |
Port Security |
| Tony Harty |
Port Security |
| Dennis McLachlan |
Ft. Vancouver Seafarers Center |
| Johnny B. Jones |
Blue Star |
| James Bridger |
ILWU Local 4 |
| Rick Anderson |
ILWU Local 4 |
| Brian Banning |
Port Maintenance |
| Bill Farmer |
Port Maintenance |
| Pat Parker |
Port Security |
| Michael Mosbauer |
Port Security |
| Anna Valencia |
Port Security |
| Cahri Citron |
Port Security |
| Kathy Jones |
Port Security |
| Keith Place |
Port Security |
| Paul Hucalak |
SSA Pacific |
| Stephen Handy |
Port Maintenance |
| Rod O'Hearn |
ILWU
|
| Randall Free |
ILWU |
| Rich Dyer |
ILWU |
| Jack Dyer |
ILWU |
| Mark Savage |
Port Maintenance |
| David Jaynes |
ILWU |
| Demar Princeton |
ILWU Local 4 |
| Carl Bong |
ILWU Local 4 |
| Steve Brown |
Columbia River Pilots |
| Jim Egger |
Daily Shipping News |
| Bill Hogan |
Ft. Vancouver Seafarers Center |
| Kent Williams |
Ft. Vancouver Seafarers Center |
| Jonathan Nelson |
The Columbian |
| Paul Christensen |
Portside |
| Warren Banks |
Columbia River Bar Pilots |
| Dave Kenny |
Citizen |
| Dale and Dorothy Olander |
Citizens |
| Tony Habersetzer |
Valero LP |
| Dan Carlson |
|
| Korte Kelso |
|
| Bob Tuominen |
|
| Ben Rapp |
|
| Alan Vail |
|
| Darrel Spencer |
|
| Phillip Badlumenti |
|
| Brian Harvey |
|
| Kerry Karschney |
Port Maintenance |
| Chuck Johnson |
Port Maintenance |
| Dan Will |
Port Maintenance |
| Joe Welch |
Port Maintenance |
APPROVAL OF MINUTES
November 22, 2005, Board
of Commissioners Regular Meeting
On motion by Commissioner Miller,
seconded by Commissioner Baker, and carried unanimously, the Port
of Vancouver USA Board of Commissioners approved the minutes of
the November 22, 2005, regular meeting as distributed.
OPEN FORUM
Cager Clabaugh, President of
Clark Skamania West Klickitat Labor Council, spoke in opposition
to Action Item No. 4 regarding Port security services. He stated
that the union has supported the port in its efforts to develop
the Columbia Gateway project since it promises to bring family
wage jobs to the community. He further stated that the union is
opposed to replacing the Port's current security employees with
employees who would be paid at or near minimum wages. Mr. Clabaugh
voiced belief that the Port may not be bargaining in good faith
with Local 4 at this time and asked that the Commission not give
favorable consideration to the staff proposal for contracting
the security services of the port.
Robert Dreyfuss, Clark County Resources Council,
spoke in opposition to the proposed Portco project north of the
Port's administrative offices due to its potential groundwater
effects. Executive Director Paulson acknowledged that the Port
of Vancouver has submitted a letter of support regarding the project
to the Vancouver Planning Commission, and said that the matter
is now being considered by the Vancouver City Council. He assured
Mr. Dreyfuss that the Port would be monitoring groundwater effects
and encouraged him to contact the City regarding his concerns
relative to the project.
Tony Habersetzer, representing Valero LP,
spoke in opposition to Action Item No. 4 regarding Port security
services. He said that Valero LP is totally opposed to removing
the current port security force due to their many years of experience,
as well as their familiarity with people going in and out of the
busy port.
Mick Kadow, Port Maintenance employee, spoke
in opposition to the staff proposal regarding security services.
He praised the services of the current employees and asked the
Commission not to consider replacing those employees with an outside
contractor.
Commissioner Moser thanked Mr. Kadow for appearing
before the Commission and said he felt it took a lot of courage
for a Port employee to speak up on an issue like this.
Mike Richards, Executive Secretary Treasurer
of the Office and Professional Employees Union Local 11, and representative
of the Port's security officers, appeared before the Commission.
He said that he was confused about Action Item No. 4 asking for
the Commission's approval for the Executive Director to negotiate
with NW Protective for security services since there was a memo
from NW Protective in the Port's Security Department asking current
security staff to apply for jobs with NW Protective. He said he
was told in the last union negotiation session that the decision
would be made at this meeting by the Commission, and he said he
is confused by the NW Protective job recruitment effort. Mr. Richards
added that the last union negotiation session was held December
5 - the same day that Mayor Pollard and Senator Murray were at
the Port talking about the $2.3 million from the federal government
for the port to provide family wage jobs. He added that at that
negotiating session, staff had informed the union that they had
decided to recommend to the commission the contracting of port
security services. He went on to say that staff informed the union
representatives that since staff was going to recommend the contracting
of port security services, they did not have a proposal ready
for discussion with the union. Mr. Richards mentioned that the
current contract expires December 31, 2005. He said the Security
Department employees are not happy knowing that their jobs may
be contracted out, and that the local longshoremen and port tenants
also support them.
Mr. Richards said that staff told him that
the current security employees cost the port approximately $23
per hour in wages and benefits and the same services could be
provided by NW Protective for $17 per hour. He voiced belief that
the port can find much better ways to save money than to eliminate
the 12 full-time and three part-time security officer positions
at the port. Mr. Richards said that if the difficulty of administering
port security services is the issue, then he feels that the port
should reconsider how it is being administered. He said this proposal
is in conflict with the Port's mission statement and asked that
it not be given favorable consideration. Mr. Richards said it
does not make sense to take the "WalMart" approach to
the workers of the port.
Mr. Richards introduced Security Union Shop
Steward Hayward Toler and mentioned that some of the security
staff have served in the military, in Iraq, and previously worked
as police officers in other agencies. He said the security officers
are already at poverty level and to take them any lower would
be ridiculous.
Mr. Richards distributed copies of the NW
Protective job recruitment notice that he said was given to port
security employees asking them to apply for security jobs at the
port before the matter was approved by the commission. Based upon
that information, Commissioner Moser said that if that were true,
then a mistake was made by staff.
Security Union Shop Steward Hayward Toler
asked that the Commission not give favorable consideration to
the contracting out of port security services.
Bill Farmer, Port Maintenance Department employee,
also spoke in opposition to the staff proposal and asked the Commissioners
not to give the staff proposal favorable consideration.
ACTION ITEMS
Authorization to Amend Active Personal Service Contracts (Action
Item E-1)
Facilities Director Curtis Shuck presented
the staff report, as contained in the agenda packet, and discussed
the proposal with the Commission.
On motion by Commissioner Baker, seconded
by Commissioner Miller, and unanimously carried, the Port of Vancouver
USA Board of Commissioners authorized the Executive Director to
sign the appropriate change orders extending the designated contracts
as noted and adding money to designated contracts as noted.
Authorization to Extend Office and Professional
Employees International Union (OPEIU) Contract (Action Item E-2)
and Authorization to Negotiate and Execute a Service Contract
with Northwest Protective Service, Inc. for "Security Services"
(Action Item E-4)
Mike Schiller, Operations Manager, presented
the staff reports for Action Items E-2 (OPEIU Local 11 Contract
Extension) and E-4 (Requesting Authorization to Negotiate and
Execute a Service Contract with Northwest Protective Service,
Inc. for "Security Services") and discussed the proposals
with the Commission.
Executive Director Paulson said that it was
not his understanding that negotiations with Local 11 have been
completed. He said it was his belief that those negotiations are
continuing and that staff is requesting the right to proceed with
an option to obtain outside security services if an agreement
cannot be reached with Local 11. Mr. Paulson said that NW Protective
Services, Inc. is a very professional company that specializes
in providing security services, it does have union shops, and
it has a good track record working with other ports and port-related
customers. He added there is a financial issue associated with
these negotiations and there are also administrative and personnel
issues associated with the decision to recommend contracting out
these services.
Executive Director Paulson stated that the
recruitment announcement that Mr. Richards presented to the commissioners
was never posted by NW Protective Services, Inc., and that the
document was removed from the Port offices by a Security employee
and it was not prepared for general information or distribution.
He explained that one of the requirements that Port staff would
recommend if an outside contractor were selected would include
the offer of interviewing and potentially hiring existing security
staff, and that is why the recruitment memo, as an example of
what the contractor's efforts would include, was created. Mr.
Paulson pointed out that NW Protective Services, Inc. has offices
in Seattle, Portland and a number of other areas and does have
significant expertise that would be helpful to the Port and its
customers. Relative to earlier statements that the current security
officers have continuity and familiarity with the port, Mr. Paulson
said that he had no reason to believe that NW Protective Services,
Inc. would not develop the same continuity and familiarity.
Mr. Paulson voiced concern relative to administrative
issues associated with security staff and said they need to be
dealt with on a long-term basis.
Mr. Paulson said that he was seeking authority
from the Commission to proceed with outside contract negotiations,
to provide a union shop and a professional administrative process
whereby the Port could better serve the Port and its customers,
if an agreement cannot be reached with Local 11. He added that
he understood and appreciated the fact that there is a threat
to the current security employees, but that the decision has not
been made.
Mike Richards disagreed with Mr. Paulson and
said that Action Item E-2 (to extend the current contract) was
because it became clear that an agreement could not be reached
before the current contract expires December 31, 2005, and the
union wanted to make sure it had enough time after the expiration
date to bargain. He said the reason negotiations stopped was because
Port staff was planning to recommend contracting out the security
services to the Commission. He said that the only reason for the
proposed extension of the current union agreement was so that
a decent living wage could be negotiated for the security employees.
Mr. Richards said that Action Item E-4 was ridiculous.
Executive Director Paulson responded that
he disagreed with Mr. Richards on that matter. He said that he
was requesting authority to proceed with an outside contractor
if an agreement could not be reached during the union contract
negotiations.
Commissioner Miller said this was a difficult
matter for all involved. He added that he did not want to see
the security staff discontinued as port employees, but there must
be a reasonable agreement reached at the union negotiating table.
Commissioner Miller said the decision whether to proceed with
the current employees or contract out the services would not be
made by the Commission, but would be made at the negotiating table.
He added that the port staff must have a contingency plan in place
if negotiations fail.
Executive Director Paulson suggested that
(1) Action Item No. 2 (proposing the extension of the current
union contract) be considered by the Commission; (2) staff continue
negotiations with an outside contract for a contingency plan if
negotiations fail' (3) the union and port staff continue union
negotiations; and, (4) Action Item No. 4 be deferred until the
next meeting January 10, 2006. He said this would allow further
consideration of Mr. Richard's concerns, and allow further negotiations
with the security contractor.
Commissioner Miller said that he would feel
better if those actions suggested by Executive Director Paulson
were taken.
Steve Kadow, representing ILWU-Local 4, recommended
that the Commissioners vote on Action Item E-2, regarding the
extension of the current security union agreement, and disapprove
Action Item E-4, because they do not feel it is a part of good
faith bargaining, at this time.
Executive Director Paulson countered that
he would prefer that Action Item E-4 be deferred, not voted at
this time.
On motion by Commissioner Baker, seconded
by Commissioner Miller, and unanimously carried, the Port of Vancouver
USA Board of Commissioners authorized the Executive Director to
sign the extension of the current contract between the Port of
Vancouver USA and the OPEIU, Local 11, since both sides have agreed
to an extension of the current contract with either side giving
the other a ten-day notice of termination.
Commissioner Baker said that the Commissioners,
as elected officials, are financially responsible for Port operations
and viability. She said that she would like the Port to seriously
look at the issue and try to reach an agreement. She also said
that current security-related administrative issues need to cease
and must be dealt with by both sides. She encouraged everyone
to give serious consideration to the financial and administrative
and training matters relative to this issue.
In response to a question by Commissioner
Miller, Operations Manager Mike Schiller explained that the proposed
agreement extending the contract was being prepared by the Schwabe,
Williamson and Wyatt firm and would be forwarded to the union
for signature if approved by the Commissioners at this meeting.
Executive Director Paulson recommended a deferral
of Agenda Action E-4 and discussed the recommendation with the
Commissioners.
Commissioner Moser said that security is an
issue that creates a lot of ambivalence for many organizations
and one where organizations traditionally do not feel they should
have to spend a lot of money. He said the port has hired historically
more and more full-time security employees and he believes that
this process affords better service. Commissioner Moser said that
it appeared to him that staff was taking the approach that there
were too many administrative problems associated with the current
staff and contracting out the service would eliminate those problems
for management. He said that it appears that there are administrative
issues that are not being dealt with by port management and he
is concerned about that issue because he does not agree that poor
management should be allowed to create this situation. He added
that if management is the problem then that issue should be dealt
with instead of contracting out the service.
In response to a comment by Commissioner Moser
regarding the NW Protective Services, Inc. recruitment memo distributed
by Mike Richards, Executive Director Paulson assured him that,
to his knowledge, the notice was not posted by port management.
Commissioner Moser said that according to
the information about NW Protective Services, Inc. that was distributed
to the Commission, he would not want to be employed by the firm.
Commissioner Moser thanked all those attending
the meeting in response to Action Item E-4 and encouraged their
continued participation in commission-related discussions of mutual
concern.
Commissioners Baker and Miller echoed Commissioner
Moser' comments that encouraged people to present their opinions
to the Commission for consideration.
Union Steward Hayward Toler appeared before
the Commission and wished everyone a Merry Christmas and asked
that they keep the security officers in their thoughts during
the holiday season.
The Commissioners agreed to defer this item
in response to the request of Executive Director Paulson.
Executive Director Paulson recognized Dale
and Dorothy Olander in the audience. Commissioner Baker mentioned
that Mrs. Olander worked as the Port's executive assistant before
her, and that Mrs. Olander was a great mentor.
Authorization to Procure a Mobile Harbor
Crane (Action Item E-3)
Executive Director Larry Paulson presented
the staff report, as contained in the agenda packet, and discussed
the proposal with the Commission.
Rod OHearn and Steve Kadow, representing the
ILWU, and Paul Huculak, representing SSA Pacific, spoke in favor
of the proposal.
On motion by Commissioner Miller, seconded
by Commissioner Baker, and unanimously carried, the Port of Vancouver
USA Board of Commissioners authorized the Executive Director to
procure a mobile harbor crane for a not to exceed amount of $4.1
million.
UNFINISHED BUSINESS
There was no unfinished business
discussed at this meeting.
NEW BUSINESS
Resolution 2005-10 Expressing
Congratulations and Appreciation to Commissioner Bob Moser for
18 Years of Service and Dedication to the Port of Vancouver USA
Upon His Retirement on December 31, 2005.
Executive Director Paulson presented the proposed
resolution to the Commission for consideration.
On motion by Commissioner Baker, seconded
by Commissioner Miller and carried 2 - 0(Commissioner Moser abstained),
the Port of Vancouver USA Board of Commissioners adopted Resolution
2005-10 expressing congratulations and appreciation to Commissioner
Bob Moser for his 18 years of service and dedication to the Port
of Vancouver USA upon his retirement on December 31, 2005.
Commissioner Moser expressed appreciation
and acknowledged a standing ovation.
ACCOUNTS PAYABLE
On motion by Commissioner Moser,
seconded by Commissioner Baker, and unanimously carried, the Port
of Vancouver USA Board of Commissioners ratified and approved
payment of November 2005 Vouchers 015844-016347 in the amount
of $2,916,348.34 and November 2005 Payroll Checks 04106-04130
and Direct Deposits 14552-14658 in the amount of $197,913.10.
Executive Director Paulson recognized Port of Longview Commissioner
Dan Buell in the audience.
EXECUTIVE DIRECTOR AND STAFF
REPORTS
Executive Director Paulson reported
on the following events: