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Meeting Agendas

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:

  • WPPA Annual Meeting, November 29, 30 - December 1;
  • Senator Murray's press event announcing a $2.3 million appropriation to the Port of Vancouver, December 5; and
  • A legislative event, sponsored by The Identity Clark County Legislative Affairs Committee, the Greater Vancouver Chamber of Commerce, and the Columbia River Economic Development Council, with local legislators and ICC lobbyist to preview the 2006 legislative session and to present the ICC, Chamber, and CREDC legislative agendas, December 9.

Public Affairs Director Addison Jacobs reported on the December 7 initial meeting of the Columbia Gateway's Project Partners Team.

Executive Director Paulson reminded the Commissioners of the following upcoming events:

  • Port Annual Marketing Trip to Vancouver, BC, December 13 - 15;
  • POVEA Christmas Event, December 16;
  • Port Legislative Event, December 20, and said since response to the invitations had been very sparse, the event may be postponed to a later date;
  • Tenant Appreciation Event, December 20; and,
  • Vancouver Lake Watershed Partnership Meeting, December 21.


Executive Director Paulson reported that the Port holiday schedule will include office closures on Monday, December 26, and Monday, January 2.

Executive Director Paulson reported that a short-term lease for Port property on St. Francis Corner was negotiated by port staff.

Environmental Services Director Patty Boyden gave an update on the Columbia Gateway project.

COMMISSIONER REPORTS

Commissioner Baker reported on the following events:

  • WPPA Annual Meeting;
  • Senator Murray's Press Conference;
  • Legislative Breakfast; and
  • A Democratic Central Committee Meeting where she said Deputy Executive Director Coleman gave an excellent presentation. She expressed pride in Mr. Coleman's presentation and the way he handled himself and represented the Port of Vancouver.
    Commissioner Moser reported that he also attended the CREDC Annual Meeting. He also reported on the annual Veterans Day Parade in Vancouver and a regular meeting with Executive Director Paulson.

Deputy Executive Director Coleman mentioned a comment made to him by Ray Barney, husband of Commissioner Nancy Baker, in response to negative comments made by one of attendees at the Democratic Central Committee meeting that he wanted to share with everyone. He said that Mr. Barney had commented to him that the Port collects $8 million per year in property taxes but because of its operations, returns $28.5 million per year in the community.

Commissioner Miller reported on the following events:

  • WPPA Annual Meeting;
  • His last meeting as RTC Chair;
  • A tour of the Port of Vancouver that he gave to Port of Olympia Commissioner Steve Pottle and three representative from the local office of Maul, Foster, Alongi;
  • Annual Legislative Breakfast at The Vancouver Hilton; and
  • Luncheon meeting with Senator Craig Pridemore;

Commissioner Moser reported that he met with Executive Director Paulson, for a regular monthly meeting, and his successor, Commissioner-Elect Brian Wolfe.

Commissioner Moser gave a detailed report on the WPPA Annual Meeting that he attended in Tacoma.

Commissioner Moser mentioned that he had discussed the eroding condition of the diking along the end of Highway 501 with Executive Director Paulson since Mr. Paulson is a member of the Diking District.

ADJOURNMENT

There being no further business to come before the Port of Vancouver USA Board of Commissioners, the December 13, 2005, regular meeting was recessed at 11:25 a.m. by Commission President Moser.

A public reception honoring Commissioner Bob Moser was held immediately following the regular meeting.

 

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