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 May 9, 2006
CALL TO ORDER PUBLIC MEETING EXECUTIVE SESSION OPEN TO THE PUBLIC ATTENDANCE
APPROVAL OF MINUTES April 25, 2006, Regular Meeting On motion by Commissioner Miller, seconded by Commissioner
Wolfe, and carried unanimously, the Port of Vancouver USA
Board of Commissioners approved the minutes of the April
25, 2006, regular meeting as distributed. OPEN FORUM Kent Williams, representing the Fort Vancouver Seafarers Center, invited all interested supporters and those interested in learning more about the Center to attend its 6 p.m., May 20, annual meeting at the Seafarers Center. ACTION ITEMS Authorize Purchase and Sale Agreement between the Port of Vancouver USA and Cadet Manufacturing Company and Anderson Realty Investments, LLC Facilities Director Curtis Shuck presented the staff report, as contained in the agenda packet, and discussed the proposal with the commissioners. He explained that the Port conducted negotiations with Cadet Manufacturing Company and Anderson Realty Investments, LLC to acquire approximately 11 acres of real property located at 2500 West Fourth Plain Blvd. He added that the property was being purchased "as is," "where is" and "with all faults." Mr. Shuck reminded the Commissioners that acquisition of the property would allow the Port to maintain its record of high level environmental clean-up, in cooperation with the Department of Ecology, as well as provide a development potential for other revenue producing opportunities offered by the property. Director Shuck said the proposed settlement agreement between the Port and Cadet included a provision for a portion of the property to be leased back to Cadet Manufacturing at current market value which would allow its facility to continue production and maintain the 100+ full time jobs that Cadet Manufacturing Company currently provides to the community. Director Shuck also said that a purchase and sale agreement was prepared as an element of the proposed settlement agreement with a final purchase price for the 4.93 acre Cadet Manufacturing Company property and the 6.07 acre Anderson Realty Investments, LLC property of $5,445,938.00. He added that Cascade Title Company of Vancouver, Washington, would provide title insurance and escrow for the transaction. Commissioners Baker and Miller both said they were happy that this phase in the Port's association with Cadet had passed and added that it was time to work together as a team and complete the TCE cleanup on the site as quickly as possible. They thanked Hutch Johnson and Dick Anderson for their cooperation and efforts over the years. On motion by Commissioner Wolfe, seconded by Commissioner
Miller, and carried unanimously, the Port of Vancouver USA
Board of Commissioners approved the purchase and sale agreement
with Cadet Manufacturing Company and Anderson Realty Investments,
LLC for the real property located at 2500 Fourth Plain Blvd,
Vancouver, Washington, at the final purchase price of $5,445,938.00,
for execution by the Board of Commissioners and directed
the Executive Director to sign all other documents necessary
for closing the transaction. Request for Approval of Lease with Cadet Manufacturing Facilities Director Curtis Shuck presented the staff report, as contained in the agenda packet, and discussed the proposal with the commissioners. He explained that the settlement agreement between Cadet Manufacturing Company and the Port of Vancouver USA, dated February 1, 2006, stipulated that upon the closing of the Cadet property sale, the Port would lease a portion of the property, including the Cadet buildings, back to Cadet on mutually agreed upon terms. He said that the terms of the lease were negotiated by the Port and Cadet and provide that the property be leased to Cadet "as is," "where is" and "with all faults." He added that the lease included two parcels: (1) Parcel 1: approximately 64,388 square feet of manufacturing and warehouse, including approximately 16,073 square feet of office space on a total site area of approximately 173,804.4 square feet and (2) Parcel 2: approximately 2.76 acres of access and storage space. Director Shuck said that the initial term of the lease was for 60 months (5 years) beginning June 1, 2006, and terminating May 31, 2011, and Cadet was granted two (2) five-year (5-yr) renewal options. He said that base rent was $31,991.77 per month for the original lease term. He added that termination of the lease could happen with at least one year's written notice of intent to terminate and if the Lessee requests early termination, there would be additional "Early Termination Rent" due. He pointed out that the total anticipated revenue from the initial term of the lease would be $1,919,506.20. On motion by Commissioner Miller, seconded by Commissioner Wolfe, and carried unanimously, the Port of Vancouver USA Board of Commissioners approved the Cadet Manufacturing Company lease for 60 months in the POV-owned building located at 2500 Fourth Plain Blvd, Vancouver, WA. The Port Commissioners and Hutch Johnson and Dick Anderson, representing Cadet, signed the purchase and sale agreement, as well as the lease agreement. Executive Director Paulson thanked Mr. Johnson and Mr.
Anderson for their past cooperation and assistance, especially
relative to environmental clean up issues, and said the
Port and Cadet had experienced legal differences, but had
never experienced differences of opinion relative to working
with the neighborhood. He added that Cadet had always been
a good neighbor to the Port and he was looking forward to
that same positive experience in the future. Both responded
by saying they shared Mr. Paulson's feelings. Executive Director Larry Paulson presented the staff report, as contained in the agenda packet, and discussed the proposal with the commissioners. He said that staff believed membership in APP would provide Pacific Rim-related benefits to the Port of Vancouver USA that are not currently provided by current memberships in the American Association of Port Authorities, Washington Public Ports Association and the Pacific Northwest Waterways Association. He recommended that consideration be given to a one-year, trial-based membership which would give the Port Commissioners an opportunity to determine whether or not continued membership would be warranted. Mr. Paulson pointed out that membership in APP would require attendance at out of town meetings and annual conferences by Commissioners.
Sr. Marketing and Operations Manager Alastair Smith presented the staff report, as contained in the agenda packet, and discussed the proposal with the commissioners. He reminded the Commissioners that the Port's strategic plan includes a vision to be "a premier port that is globally recognized and well capitalized with state of the art facilities, infrastructure and service" and that Goal #1 in the strategic plan is to "increase the volume of cargo at the Port of Vancouver." Director Smith said that in order to attain this vision and goal, the Port must prepare for future, diversified cargo needs and he requested authorization to award a contract to procure a mobile harbor crane which would provide the following benefits to the Port: (1) increased efficiency of terminal operations; (2) increased operational lift capacity to support future cargo; and (3) the Port's increased competitive edge by attracting additional, diversified cargo. He reported that continued marketing efforts had identified additional Pacific Northwest business opportunities to support the acquisition of a mobile harbor crane. Director Smith said that on March 13, 2006, the Port solicited proposals for a mobile harbor crane and one addendum was issued on March 22. He added that three proposals were received on March 28 and the Port conducted oral discussions with two of the firms on April 4th and received a "Best and Final Offer" from each firm. He said that Liebherr Cranes, Inc. was recommended for award of a heavy lift mobile harbor crane for a not to exceed amount of $3,276,650 and that the price included transport, installation and commissioning necessary for a "turn-key" handover of the crane. Mr. Smith pointed out that the Port would be responsible for providing equipment to support the installation of the crane, as well as for import fees and taxes, but the purchase was exempt from Washington State Sales Tax. He went on to say that four installment payments would be made based on project milestones - contract signing; loading at embarkation port; arrival at the Port of Vancouver USA; and the Certificate of Completion signing. Director Smith relayed that according to the terms of the agreement, the crane would be positioned, commissioned, certified and ready to perform 130 days from the date of signing, which would be October 10, 2006. He expressed hope that the new crane would be used during the final phase of the Wild Horse Wind Turbine Project for Vestas at the Port. Executive Director Paulson reminded the Commissioners that he had been given authorization previously to purchase a crane not to exceed $4.1 million and he was pleased that the final purchase price would not exceed $3,276,650. He commended Director Smith and other involved Port staff, as well as ILWU Local 4 representatives Steve Kadow, Eric VonHusen and Todd Walker, for the successful negotiations resulting in this proposal. Commissioner Wolfe asked if any additional equipment for operating the crane, and not included in the final purchase price, would need to be acquired by the Port. Director Smith explained that the Port had agreed to supply the equipment necessary for erection of the crane which meant rental of a Star Shipping crane on the port for the erection. He added that once the crane becomes operational, the Port would likely need to supply some lifting frames based upon types of cargo being unloaded. He said that the stevedores had agreed to provide the soft gear which is the gear that will be hanging from the hook of the crane. Commissioner Miller asked what arrangements had been made for training longshoremen to operate the crane. Director Smith responded that the purchase agreement provided two weeks of training supplied by the vendor - one week focused on the technical aspects of the crane and the other week focused on its operational aspects. He added that Local 4 would be asked to submit names of members to be involved in the training sessions. Director Smith added that the three stevedore companies operating at the Port have petitioned PMA to include funds for training in the operation of the new mobile harbor crane in its next budget cycle. He added that staff would confirm that PMA funds are in place for mobile harbor crane operation training prior to delivery of the crane. Mr. Smith also said that the contract provided for up to four people to travel to the factory so they could watch the crane being put together and become familiar with its internal workings. On motion by Commissioner Baker, seconded by Commissioner Wolfe, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorized the Executive Director to sign a contract for a mobile harbor crane with Liebherr Cranes, Inc. for a not to exceed amount of $3,276,650, subject to acceptable contract modifications. UNFINISHED BUSINESS Dean Lookingbill, Regional Transportation Council (RTC) Executive Director, explained that RTC received notification from the Federal Transit Administration that a $1.488 million grant for the High Capacity Corridor Transit Study to be conducted throughout Clark County was being awarded and required a $372,000 local match. He said that Clark County provided $150,000 of that local match, leaving $222,000 to be raised from other local jurisdictions. Mr. Lookingbill relayed that at the last RTC meeting the City of Vancouver felt it should split the remaining difference with C-TRAN and, as a result, was expected to provide $111,000 of that balance. He added that the C-TRAN Board was considering participating in the funding process and its next meeting's agenda included a $55,000 commitment. He went on to say that the C-TRAN Board might agree to an amount larger than $55,000, but had expressed belief that smaller jurisdictions within Clark County should also participate in the funding of the local match. The Commissioners discussed the matter with Mr. Lookingbill and Executive Director Paulson and agreed that it would be placed on the Port's May 23rd agenda for further consideration since the C-TRAN Board would have made a final decision on its level of financial contribution by that time. Port Commission Salary It was agreed that consideration of changing the salary of the Port of Vancouver USA Board of Commissioners would be deferred until the president of the Commission requests that it be included on a future agenda for board consideration no later than Spring 2007. Port Contracts Log Executive Director Paulson presented a Port of Vancouver USA Personal Services Contract Log and a Public Works Contract Log dated May 9, 2006, to the Commissioners for their information. NEW BUSINESS Executive Director Paulson explained that the Fort Vancouver Regional Library had requested the Port of Vancouver USA's support of its efforts to use incremental property tax and sales tax funding, pursuant to the recently-passed LIFT Bill, for construction of a new library building and underground parking facility. He said that the new library facility would be included in the proposed River West development plan on the former Copps property in downtown Vancouver. Mr. Paulson said the Library Board must have consent of all local government agencies that would be forgoing an increase in taxes as a result of its use of LIFT funding, and had requested the Port's assistance in encouraging Clark County to support its efforts. Mr. Paulson presented a draft letter of support, relative to the Fort Vancouver Regional Library/LIFT funding, addressed to the Clark County Board of Commissioners and discussed the proposal with the Commissioners. On motion by Commissioner Wolfe, seconded by Commissioner Miller, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorized delivery of a letter to the Clark County Board of Commissioners encouraging them to participate in the Fort Vancouver Regional Library's efforts to use incremental property tax and sales tax funding, pursuant to the recently-passed LIFT Bill, for construction of a new library building and parking facility. CREDC Funding Executive Director Paulson explained that he had placed this item on the agenda because CREDC had been holding discussions, primarily with local public agencies, about the possibility of increasing public financial participation in that organization. He said the Port should not lose sight of the private investment and asked Commissioner Wolfe to address the issue since he is the Port's representative on the CREDC Board. Commissioner Wolfe said it was premature to hold an in-depth conversation on the subject at this meeting because the agency is now trying to determine whether or not the paradigm, relative to CREDC that was created in the 1980s, remains appropriate in today's economic development of Clark County. He went on to say a CREDC committee was assessing the issue including how, if at all, the funding mechanism might change, as well as whether or not the compelling reason for actually having economic development remains viable today. He said that the City of Vancouver and Clark County had suggested that they were willing to invest a lot more money into the CREDC agency if fundamental changes in performance expectations are agreed upon. Commissioner Wolfe said this subject was being discussed at this meeting strictly as a "heads up" and that more information would follow as the committee proceeds with its charge and ongoing discussions relative to the level of financial participation continue. ACCOUNTS PAYABLE On motion by Commissioner Miller, seconded by Commissioner
Baker, and carried unanimously, the Port of Vancouver USA
Board of Commissioners ratified and approved payment of
April 2006 Vouchers 018195 - 018615 in the amount of $2,318,584.15
and April 2006 Payroll Checks 04206 - 04225 and Direct Deposits
15110 - 15219 in the amount of $197,080.97. EXECUTIVE DIRECTOR
AND STAFF REPORTS Communications Specialist Sue Groth reported on this year's successful "Take Your Child to Work" event which occurred April 27 at the Port. She said that 24 children of Port staff participated in the day's activities which included spending time with parents; a port tour complete with equipment demonstrations at the maintenance shop, observation of an auto ship unloading, and a stop at Pacific Coast Shredding; a picnic lunch at Vancouver Lake Park; an Operation Lifesaver train safety demonstration, courtesy of BNSF; a critter count exploration of wetlands at Parcel 2; and an opportunity to build their own trains out of Twinkies and candies. Executive Director Paulson thanked Ms. Groth and all others who helped make the event such a grand success. Executive Director Paulson reported on the following other
Port-related events:
Community Relations Manager Katy Brooks reported on the May 4th meeting of the Fruit Valley Neighborhood Association, which Environmental Services Director Patty Boyden attended, and said that Director Boyden attended to speak on two different topics: TCE in-home air monitoring and results of the 26th Ave./Port transportation study. She said that Craig Rankine, from DOE, gave a status report that a group of South Fruit Valley homes had been monitored and results were expected shortly. She mentioned that this was part of ongoing efforts to keep the neighborhood updated on the TCE clean up progress. Ms. Brooks pointed out that both Cadet and the Port have worked hard over the past years to make sure the clean up process has been transparent and this meeting was part of ongoing efforts to that end. Ms. Brooks reported that Anne Sylvester, from Parametrix, presented the traffic modeling/study results to the group and fielded questions. She said that the information was welcomed and plans are underway for keeping the neighborhood informed as the NEPA continues. Executive Director Paulson reminded the Commissioners of
the WPPA Spring Meeting, scheduled May 17 through 19 at
Semiahmoo Resort in Blaine, Washington. COMMISSIONER REPORTS Commissioner Miller said that he had participated in a tour of the State School for the Blind last week, and he highly recommended that everyone do the same since the tour was highly informative and well presented. Commissioner Miller reported that he attended the Legislative Event at the Port and the Mayor's Welcoming Luncheon at the Discovery Walks on April 28; the joint Port and City of Vancouver Workshop on May 1; an RTC meeting on May 2; and, the Clark County Skills Center Foundation Dinner on May 4. Commissioner Baker reported that she attended the Port's Legislative Event and the Mayor's Welcoming Luncheon at the Discovery Walks on April 28, as well as the Discovery Walks VIP Dinner on April 30; the joint City/Port Workshop on May 1; the Symphony Tea for Women on May 2, where 2002 Miss America was present; and, the Clark County Skills Center Foundation Dinner on May 4. WORKSHOP ADJOURNMENT
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