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Meeting Agendas

October 9, 2007
BOARD OF COMMISSIONERS
REGULAR MEETING

CALL TO ORDER PUBLIC MEETING

Commission President Arch Miller called a regular meeting of the Port of Vancouver USA Board of Commissioners to order at 8:02 a.m., Tuesday, October 9, 2007, 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 8:02 a.m. for the purpose of discussing real estate issues and contract negotiations. The executive session ended at 9:20 a.m. and a brief recess followed.

OPENING REMARKS BY PRESIDENT AND EXECUTIVE DIRECTOR

The regular meeting was opened to the public at 9:30 a.m. by Commissioner Miller with an announcement that the Port of Vancouver USA Board of Commissioners had been in executive session from 8:02 to 9:20 a.m. for the purpose of discussing real estate issues and contract negotiations. He indicated no action was taken during executive session.

Executive Director Paulson introduced and welcomed guests. Those attending the meeting included:

Arch Miller Port Commission President
Brian Wolfe Port Commission Vice President
Nancy Baker Port Commission Secretary
Larry Paulson Port Executive Director
Todd Coleman Port Deputy Executive Director
Maggie Smith Port Director of Finance
Michelle Allan Port Executive Assistant
Curtis Shuck Port Director of Facilities
Patty Boyden Port Environmental Services Director
Addison Jacobs Port Public Affairs Director
Maggie Smith Port Director of Finance
Alastair Smith Port Sr. Director of Marketing & Ops.
Lisa Lowe Port Counsel
Mike Schiller Port Operations Manager
Nelson Holmberg Port Communications Manager
Katy Brooks Port Community Relations Manager
Steve Mathis Marine Terminals Corporation
Cager Clabaugh ILWU Local 4
Duane Declair community citizen
Bob Koski community citizen
Rick Cline Port Procurement Manager
Todd Krout Port Facilities Superintendent
Sue Groth Port Community Relations Specialist
Katie Odem Port Communications Specialist
Terry Belunes Parametrix
Jerry Johnson Seafarer's Center
Kimberly Lamey Jr. Achievement Program
Meuy Saeteurn Jr. Achievement Program
Kent Williams Seafarer's Center
Richard Roche Parametrix
Morris Frazier community citizen
Dale Swanson NuStar Energy
M.T. Fawnsworth community citizen
Barry White UBC Millwrights
Mike Martin URS
Jonathan Nelson The Columbian
Jale Hansen community citizen

APPROVAL OF MINUTES

September 25, 2007, Regular Meeting

On motion by Commissioner Baker, seconded by Commissioner Wolfe, and carried unanimously, the Port of Vancouver USA Board of Commissioners approved the minutes of the September 25, 2007, regular meeting.

OPEN FORUM

Commission President Miller invited comments from Kimberly Lamey on behalf of Junior Achievement.  Kimberly was introduced by Sue Groth, who serves as the port contact for Junior Achievement.

Jr. Achievement Presentation

Kimberly Lamey, Director of Marketing and Events for Junior Achievement of Oregon and SW Washington presented a brief overview of what Junior Achievement is all about and invited Port staff and others to get involved. She shared that last year 200 students were taught in ten classes by Port volunteers, specifically at the Fruit Valley School.

Ms. Lamey stated Junior Achievement is a hands on and interactive program and is offered to grades K-12 at no cost to schools. She indicated business volunteers bring real-world experiences into the classrooms and bring the curriculum to life. She also stated that staff who participate can sharpen their presentation skills and learn effective time management. Ms. Lamey said that Sue Groth, Communication Specialist, is the coordinator for Junior Achievement at the Port and invited anyone interested to contact Sue or herself.

Commission President Miller thanked Ms. Lamey and then invited comments from the audience regarding any items not listed on the agenda.

Jale’ Hanson

Jale’ Hanson shared she was recently recognized by the President of the United States for her 4,500 hours of volunteer work. She also introduced a former student of hers, M.T. Fawnsworth.

There were no additional comments at this time.

ACTION ITEMS

Authorization for Executive Director to Execute Change Order No. 16 to a Personal Service Contract with Parametrix, Inc. for "ASI-TCE Cleanup"

Director Boyden stated that agenda item E-1 is a Change Order with Parametrix. She went on to present background information  summarizing the progress of the Swan Manufacturing (also called the SMC) site and the Cadet Cleanup Project. Also included in the presentation was the major 2007-2008 tasks and a summary of the 2007-2008 budget requests.

In the Spring of 2006, Director Boyden stated the Cadet site was purchased by the Port of Vancouver through a settlement agreement. Director Boyden indicated that the TCE issue was first discovered late December 1997. Shortly thereafter the Port completed an excavation at the SWAN source area and removed almost 14,000 cubic yards of volatile organic and salt and contaminated soil.

Director Boyden stated that between 2002 and 2004, other clean up actions were done. She indicated the Port completed chemical injections at the Swan source area and Cadet installed Air Sparging/Soil Vapor Extraction Systems underneath the Cadet facility to address salt and contaminations as well as installation of seven Recirculating Groundwater Remediation Wells in the North Fruit Valley Neighborhood to address groundwater contamination. In the Spring of 2006, the Port purchased the Cadet site and continued the previous work at this location. Director Boyden commented that since clean up began, the clean zone has expanded and there has been an extreme reduction in solvent concentrations.

Commenting on air quality, Director Boyden stated that Cadet installed seven Soil Vapor Vacuum Systems in six of the North Fruit Valley Neighborhood homes to address the Indoor Air issues. She indicated since 2002, Cadet and the Port of Vancouver have collected indoor air samples from 111 North Fruit Valley and 20 South Fruit Valley Neighborhood homes and there has been a significant reduction in concentrations. She indicated that because of the importance of the indoor air issue, the Port is working very closely with the Department of Health to communicate with neighborhood residents the clean up activities the Port is doing. She indicated that the Port and involved agencies have issued newsletters, provided neighborhood tours, showed neighbors monitoring wells and clean up systems to help them become more familiar with what was going on in their neighborhood. She indicated that periodically Port staff attend Fruit Valley Neighborhood monthly meetings to provide updates on clean up and offer residential visits.

Director Boyden stated that the  2007 – 2008 major tasks include continuing water and air monitoring, operation of Cadet clean up systems, and implementation of clean up. She stated that the proposed clean up is a Pump and Treat Cleanup System to clean up groundwater.

Director Boyden noted that the TCE budget for 2007 is $2.75 million. To date, the Port has spent approximately 2.1 million. The new request, before the Commission today, is for an additional $560,000 which will be allocated to the 2007 budget. Staff will then go through the budget process to allocate the remainder for 2008. She added Change Order 16 increases the contract amount by $2.74 million for a new contract amount of $11.6 million.

Director Boyden stated the Port is very appreciative of its partnership with the State Department of Ecology and added the Port has received Ecology grant monies of $5.1 million to date. She also stated the Port will request $1.5 million in 2008 and $2.5 million in 2009 for an approximate total of $9 million through 2009.

Executive Director Paulson added that Director Boyden and her team have done a marvelous job with the clean up process. He reminded the audience that the TCE contamination problem was not something the Port or its tenants did.  The Port innocently inherited the clean up. He indicated the Port has done the clean up in a very aggressive and appropriate fashion, not only for the neighborhood, but for the long-term clean up of the water aquifers needed for a long term water supply for the community. He also stated Director Boyden, Terry Belunes and Richard Roche’ with Parametrix and Department of Ecology have dealt with this situation for many years.

Commissioner Wolfe asked Attorney Lisa Lowe to comment on submitting change orders instead of going out for new RFPs. Attorney Lowe stated this particular Change Order is an expansion of a project and therefore a change order is appropriate. She indicated the Port would be subject to any laws regarding change orders and when it is or is not appropriate.

On motion by Commissioner Baker, seconded by Commissioner Wolfe, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorize the Executive Director to sign Change Order No. 16 for $2,736,900 and an Expiration Date of December 31, 2008 to the Personal Service Contract with Parametrix, Inc. for “ASI-TCE Clean-Up.”

Authorize a Public Works Contract with Rotschy, Inc., for construction of the “NuStar Rail Expansion”

Director Shuck stated action item E-2 is for the authorization of a public works contract with Rotschy, Inc. for the construction of the NuStar Rail Expansion project. He stated that on August 17, 2007, the Port conducted an “Invitation for Bids” to construct the infrastructure to support the new NuStar methanol facility currently under construction. He indicated bids were received on September 7, 2007 and the lowest responsive and responsible bidder was Rotschy, Inc. with a bid of $1,251,019.60. He indicated Rotschy’s bid exceeded available funds by $251,019.60 so the Project scope was re-evaluated by the Facilities Team.

Todd Krout, Facilities and Project Manager stated that when the Facilities Team took another look at the budget and learned it was over budget by $251,019.60, it went back and discussed it with the tenant. He stated what got removed from the scope was paving through the rail corridor, stormwater in the corridor area, and a water line. He added the project was put back out for re-solicitation for bids and is now well within budget.

Director Shuck stated, as Facilities and Project Manager Krout mentioned, the project was re-solicited for competitive bid on September 24, 2007 and one addendum was issued and bids were received on October 8, 2007. He indicated Rotschy, Inc. of Yacolt was the most responsive and responsible bidder in submitting a bid for award in the amount of $689,282.84, which includes Washington State Sales Tax.

Director Shuck stated Facilities and Project Manager Krout and Rick Cline, Procurement Project Manager deserve special recognition. He stated Procurement Project Manager Cline came up with some creative thinking and worked with NuStar to bring this back into budget.

Director Shuck added that the budget for 2007 includes $1,000,000 recorded as Capital Project 0143. He indicated NuStar is committed to repaying the Port approximately 66% of the project’s amount which includes the contract with Rotschy being discussed today as well as NuStar’s proportional share for rail materials already purchased by the Port. He stated this is consistent with a Cost Reimbursement Agreement Facilities and Project Manager Krout is working on with NuStar and that agreement will be executed prior to the commencement of the work.

Commissioner Baker asked how taking some paving and stormwater out will impact the project. Facilities and Project Manager Krout stated if the Port holds off paving, it does not need to deal with stormwater.

Commissioner Miller asked if the Port decides to pave later, will it be reimbursed by NuStar.  Facilities and Project Manager Krout stated that the cost would be the tenant’s responsibility. Commissioner Miller asked if the Commission will see another action item on this at some future point and Director Shuck stated that is correct.

On motion by Commissioner Wolfe, seconded by Commissioner Baker, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorized the Executive

Director to sign a public works contract for the “NuStar Rail Expansion” with Rotschy, Inc. for an amount not to exceed $689,282.84 which includes Washington State sales tax.

Contract Award – Phase II Repairs for Building 2645

Director Shuck stated agenda item E-3 is for a contract award for Phase II Repairs for Building 2645. He indicated in May 2007 a structural fire occurred at Building 2645 due to equipment failure. He stated staff immediately provided engineering and construction services procured under the Port’s emergency procedures to secure the building, allow crews to enter, assess cargo, and get back to business. He indicated Building 2645 is under lease to NuStar and original repairs identified as Phase I repairs have been completed. He stated in July, 2007, engineering services for the final design of Phase 2 repairs were undertaken and on August 29, 2007, the Port solicited an “Invitation for Bids” for Phase II repairs. He indicated Kim Shaffer, the Port’s Project Manager is present and will talk about the scope of the Phase II repairs.

Project Manager Shaffer stated a substantial part of the work in Phase II repairs to Building 2645 is the conveyors. He stated other parts of Phase II work are to repair side walls and the roof which suffered substantial damage.

Commissioner Miller inquired about costs and Director Shuck indicated the Port will be reimbursed for all costs.

Commissioner Wolfe asked if there has been any discussion about further capital upgrades to the building and how the repair fits into the long-term capital improvement plan. Director Shuck stated there have been conversations with Marine Department staff and it is important to repair the building as quickly as possible based on immediate need to restore service.

Commissioner Baker asked if Advanced American Construction is formerly Advanced American Diving that has done work with the Port before and Director Shuck stated it is.

Director Shuck added bids on the project were received on the 25th of September and Advanced American Construction was the most responsive and responsible bidder with a bid of $972,501.60, which includes Washington State Sales Tax. He indicated all project costs for both Phase I and Phase II will be billed back to ST Services, now known as Valero – NuStar. He added the total project cost is estimated at $1,200,000.00.

On motion by Commissioner Miller, seconded by Commissioner Baker, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorized the Executive Director to sign a public works contract with Advanced American Construction, for a not to exceed amount of $972,501.60, which includes Washington State Sales Tax for the Phase II Fire Damage Repairs of Building 2645.

UNFINISHED BUSINESS

Port Contracts Log

Executive Director Paulson indicated the Commission was provided a Public Works Contract Log which shows contracts signed by him and asked the Commissioners if they had any questions.  

Executive Director Paulson added he recently received a memo from Director Shuck regarding two emergency contracts recently entered into. He indicated one contract relates to the mobile harbor crane and the other is for settling at Berth 1 at Terminal 2. He added the Commission will be informed of the results of both matters once they are completed.

Commissioner Miller inquired if the Port agreed to replace the pod on the crane and if the cost is covered by warranty. Director of Marketing Smith stated both matters are currently under discussion. He added the crane is still operable and has 360-degree rotation at full capacity within the terminal itself although the crane has a limited scope against the vessel when it is over the piling. He stated at this time the last ship coming in with wind energy is December 1 so between December 1 and March, 2008 there will be a lull in use of the crane against the vessel.

There was no additional unfinished business to come before the Commission at this meeting.

NEW BUSINESS

There was no new business to come before the Commission at this meeting.

ACCOUNTS PAYABLE

Following discussion with staff, on motion by Commissioner Baker, and seconded by Commissioner Wolfe, and carried unanimously, the Port of Vancouver USA Board of Commissioners ratified and approved payment of September 2007 Vouchers 026801-027236 in the amount of $2,945,998.09 and September 2007 Payroll Checks 004639 – 004673 and Direct Deposits 17050 - 17166 in the amount of $236,355.59.

EXECUTIVE DIRECTOR AND STAFF REPORTS

Executive Director Paulson stated there is an exercise called TOPOFF4 and asked Operations Manager Mike Schiller to give the Commission an overview of the exercise.

TOPOFF4

Mike Schiller stated TOPOFF4, Top Officials Exercise No. 4, is a disaster reaction and recovery exercise at the regional and national levels. He stated these exercises will involve all leadership in the Portland/Metropolitan area including leaders from Clark County. He added Clark Regional Emergency Services Agency will coordinate the response from Clark County and will be primarily provide mutual aid response to the Portland/Metropolitan response agencies. He stated the newspapers reference a simulated dispersal device, something like a “dirty bomb,” will be simulated within the Portland/Metropolitan area and local, state, and federal response agencies will come together and simulate a response. He indicated the Port of Vancouver will likely need to simulate an increase in maritime security levels. He stated the actual exercise is scheduled to last about five days. He also stated the Commission may be invited to observe some events or may have received e-mails about this.

Executive Director Paulson stated Operations Manager Mike Schiller has some good news regarding a port security grant and asked him to share it with the Commission.

Federal Grants

Operations Manager Mike Schiller stated Round 7 Port Security Grant Supplemental was announced by US Congress in August and stated decisions were made locally how the region would respond to the grant opportunity. He indicated past applications were made individually, but for this supplemental grant, applications were made as a region. He added recently the region was informed of a DHS grant award of $1.4 million, a little more than the dollar amount established in their guidance to the region. He indicated they are trying to determine whether or not the additional monies are to cover more of the Columbia River region than might have originally been designated in the initial supplement grant. He added this will be figured out the DHS instructions come out regarding the grant.

Operations Manager Schiller indicated the purpose of the grants is to develop a port region wide area mitigation and business continuity plan, something that will be very much like the exercise TOPOFF4 for a regional maritime transportation event.

Operations Manager Schiller added this is good news for the region. He stated the area Maritime Security Committee is the committee chaired by the coast guard captain of the Port that will oversee the process.

Joint Transportation Committee (JTC)

Executive Director Paulson stated he attended a Joint Transportation Committee (JTC) meeting at SeaTac on September 26. He mentioned the committee will be ongoing for some time and will look at future funding possibilities for rail and road transportation.

Climate Advisory Team (CAT)

Executive Director Paulson stated he is still a member of the Climate Advisory Team (CAT). He added this team focuses on recommendations for the governor to deal with climate change. He indicated he recently had meetings in both Richland and Seattle and he is scheduled for a couple two-day meetings in November and December. He indicated this is quite an extensive process and he has involved Ports of Tacoma and Seattle to assist him, particularly with the technical side of things.

“Business is Good” Tour

Executive Director Paulson stated he spoke at a “Business is Good” tour on October 5 with individuals from the City, County, Columbia River Crossing, and number of individuals from Oregon who were visiting Southwest Washington. He added there was a chance to talk about what the Port of Vancouver is doing.  

Pacific Northwest Waterways Association (PNWA)

Executive Director Paulson stated PNWA begins tomorrow with its annual meeting and stated the meeting should be a good meeting. He also stated his position as President of PNWA will end in the next couple of days.  

Budget Workshop

Executive Director Paulson stated Budget Workshop and schedules are out.

Port of Vancouver Update

Executive Director Paulson shared some of the good things that are happening here at the Port of Vancouver.  

He indicated on the Industrial side, the Port continues to be at 100% leased.

On the Marine side, Executive Director Paulson indicated the Port is on a pace this year to handle more than $5 million tons of cargo, a 46% jump over 2005. He added for total cargo, the Port is up a little over 21% from 2006. He indicated in 2005, the Port had 502 ship calls.  Last year the Port had 526. This year, the Port is on a pace to reach 580 ship calls, almost a 12% increase over 2006.

Executive Director Paulson indicated in 2006, the Port imported more than 43,000 Subaru automobiles. He stated through August 2007, the Port has imported 32,200 Subarus and by the end of October, he is being told that the Port will have imported nearly 36,000 Subarus.

In 2005, Executive Director Paulson reported components for 83 complete wind turbines passed through the Port. He indicated last year, the Port had component parts for 127 wind turbines. And the Port will handle 305 complete wind turbines and an additional 120 towers this year. He stated each wind turbine consists of the blades, hubs, 75 ton nacelles or generators, and parts. He added the Port figured that when it did 83 complete wind turbines, there were approximately 14,000 longshore hours associated with this alone.

In 2003, Executive Director Paulson stated the Port’s import tonnage amounted to about 700,000 metric tons. Through August, 2007, the Port was at just less than 650,000 metric tons. He stated last year wheat imports were a little over 3.2 million and through August of this year, the Port is at nearly 2.5 million. In copper concentrates, in 2004 there was a little over 32,000 metric tons and last year the Port had 309,000 metric tons. He indicated through August, the Port is at 250,000 metric tons. He commented what he is saying is that the Port is having a good year and he wanted to bring the Commission up to date.

Executive Director Paulson also said based on the decision by community voters to not have the IDD levy, the Port is looking at “Plan B.” He indicated the Port is moving forward with its mission to supply jobs for the community and provide economic development opportunities with the marine and industrial properties the Port has. He added the Port is not contemplating any return to the IDD Levy and added Port staff, including the Commission took the voters’ message to heart. He indicated there will be changes and there will be differences but the Port will operate within its financial limitations and continue to move forward.

Commissioner Miller stated this is a record year and it has taken a lot of work on behalf of Port staff, tenants, vendors, and labor unions. He indicated if the Port did not have all these people working together, this would not happen. He thanked everyone and stated the Port will set records in almost everything it does this year.

Commissioner Wolfe stated the IDD Levy was a capital improvement question and not an operating question and Commissioner Baker echoed this comment. Commissioner Wolfe added Jonathan Nelson with The Columbian left before the report was made and the Vancouver Business Journal did not make the meeting so he encouraged staff to write up the report and provide it to the media. He added this is an excellent report and shows what a great staff the Port has.

COMMISSIONER REPORTS

Commissioner Miller reported he attended or participated in the following meetings:

  • Attended lunch with Fred Abraham, the individual who runs the County’s Chelatchie Prairie Railroad on October 1
  • Attended the Regional Transportation Council meeting on October 2
  • Attended the High Capacity Transit meeting on October 4
  • Attended the Corridor’s Visionary Committee meeting on October 5
  • Attended lunch with Executive Director Larry Paulson on October 5

Commissioner Baker reported she attended or participated in the following meetings:

  • Attended the Port of Vancouver’s VIP tour on September 27
  • Attended the Labor Roundtable Award Dinner on September 28
  • Attended the Regional Transportation Council meeting on October 2

Commissioner Wolfe reported he attended or participated in the following meetings:

  • Attended the Port of Vancouver’s VIP tour on September 27
  • Attended lunch with Executive Director Larry Paulson on October 8

UPCOMING EVENTS

There is a Port of Vancouver VIP tour scheduled for October 25, 2007 from 5:30 – 7:00.
Commissioner Wolfe encouraged the CVTV viewing audience to contact the port and take the tour.

RECESS

The regular meeting was recessed at 10:47 a.m. to sign documents and resumed back into executive session at 11:05 a.m.

EXECUTIVE SESSION, CONTINUED

The Board of Commissioners and staff conducted a Mitigation Banking Option workshop from 10:30 – 11:09 a.m.

ADJOURNMENT

There being no further business to come before the Port of Vancouver USA Board of Commissioners, the October 9, 2007, regular meeting was adjourned at 12:05 p.m. by
Commission President Miller.

 


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