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 September 11, 2007
CALL TO ORDER PUBLIC MEETING
OPENING REMARKS BY PRESIDENT AND
EXECUTIVE DIRECTOR Commissioner Miller asked members of the audience to take 10 seconds of silence to remember those who lost their lives on September 11 as well as all military forces who have lost their lives in defending our country to wipe out terrorism. Commissioner Miller indicated Executive Director Paulson is on vacation so Deputy Executive Director Coleman is present and will represent staff this morning. Deputy Executive Director Coleman introduced
and welcomed guests. Those attending the meeting included:
APPROVAL OF MINUTES 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 August 28, 2007, regular meeting. OPEN FORUM Commission President Miller invited comments from the audience regarding any items not listed on the agenda. There were no comments at this time. ACTION ITEMS Authorize Acquisition of Real Property – Bonneville Power Administration Director Shuck presented the staff report, as contained in the agenda packet. He stated Action Item E-1 is for the authorization of acquisition of real property from the Bonneville Power Administration known as BPA. He indicated pursuant to RCW 53.04.010 and the Port of Vancouver’s Strategic Plan, the Port’s purpose is to encourage economic development and must develop new strategies, partnerships, and facilities to accommodate future business and development opportunities. Director Shuck stated the Port conducted negotiations with BPA to acquire approximately 8.70 acres of land located beneath the currently existing Bonneville Power Administration transmission lines at Terminals 3 and 4. He stated acquisition of the property will allow the Port to maintain control of the property and provide for future flexibility of operations at Terminals 3 and 4. He indicated the purchase price of the property is $600,000. Commissioner Wolfe raised questions about the legal description and asked Attorney Don Russo to ensure the legal description is correct. He also asked about receipt of the fee simple of the property and Attorney Russo stated the Land Use Agreement needs to be slightly revised which will follow the deed. Commissioner Wolfe commented the Land Use Agreement has to do with restrictions on the BPA’s easement and not on the Port’s fee ownership. Attorney Russo stated that was correct and the uses permitted are addressed. On motion by Commissioner Wolfe, seconded by Commissioner Baker, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorize the Executive Director to sign the purchase documents with Bonneville Power Administration for the real property between Terminals 3 and 4, known as Tracts R-SJ-27 and VE-28 for $600,000. Authorize a Public Works Contract with Rotschy, Inc., for construction of the “NuStar Rail Expansion” Director Shuck presented the staff report, as contained in the agenda packet and stated Action Item E-2 is for the authorization of a public works contract with Rotschy, Inc. for construction of the NuStar Rail Expansion project. He indicated this project was anticipated in the 2007 capital budget as part of the near-dock rail piece and was reported to the Commission in January 2007. Director Shuck added the Port entered into agreement with NuStar for cost reimbursement and approximately 70% of the overall project costs are to be borne by NuStar. He stated staff will report back to the Commission once the cost share will occur with NuStar. Commissioner Miller inquired about the purpose of the dirt berm on the eastside of the concrete retaining wall that surrounds the storage tank. Director Shuck stated this gives NuStar the flexibility for expansion. Commissioner Wolfe asked if Rotschy has done work for the Port before and Director Shuck indicated it has. He stated Rotschy has performed stormwater improvements and Deputy Executive Director Coleman added Rotschy installed the asphalt cap and storm draining system at Cell 2. Commissioner Miller indicated he is happy to see the Port awarded the contract locally to keep the work in the community. On motion by Commissioner Wolfe, seconded by Commissioner Baker, and carried unanimously, the Port of Vancouver USA Board of Commissioners authorize the Executive Director to sign a public works contract for the “NuStar Rail Expansion” with Rotschy, Inc. for an amount not to exceed $1,353,603.21, which includes Washington State sales tax. UNFINISHED BUSINESS Deputy Executive Director Coleman stated at the August 28, 2007 Commission meeting, the Commission reviewed the lease for Page One Northwest, LLC. He stated the lease was approved but there were some revisions that needed to be made to the document. He added the revisions have been made and the document is ready for signature. Commissioner Miller stated the Commission does not need to take any action and will sign the agreement which was approved at the last meeting after this meeting is over. There was no additional unfinished business to come before the Commission at this meeting. NEW BUSINESS Meetings by Conference Call Commissioner Miller indicated at a recent Regional Transportation Council meeting he learned there are some new rules that the Attorney General’s office developed on conference calls at open public meetings. He stated on occasion commissioners have called in when they have been out of town and he or she is put on the PA system so everyone can hear. He stated the concern of the Attorney General is to make sure anyone who calls in can hear everyone in the audience and the audience can hear the caller. He asked if the policy was in place and Deputy Executive Director Coleman stated this proposed motion would put the policy in place. Commissioner Miller indicated while this has been the Port’s past practice, he read the proposed motion for consideration: “I move that the Port of Vancouver Commissioners may participate in regular or special Port Commission meetings by means of a conference telephone or similar communications equipment that allows all persons including the public in attendance at the meeting to hear the commissioner on the phone and similarly allows the commissioner on the phone to hear all in attendance at the meeting and participation by such means shall constitute presence in person at the meeting.” Commissioner Wolfe seconded the motion and added it is good to see the Attorney General recognizes the importance to allow public sector agencies to conform to what is consistent with corporate law. Commissioner Miller suggested the Board have an unwritten understanding that commissioners can only call in if they are out of town. Commissioner Wolfe added this will be exercised appropriately and with diligence. Commissioner Baker echoed Commissioners Miller and Wolfe’s comments and added that as commissioners, it is our responsibility and commitment to be in attendance if at all possible. Commissioner Miller stated the Board should only do this if there are two commissioners present. He added the Board does not want to hold a meeting where two or three of the commissioners call in. He asked that this be placed in the Commissioners’ Resolution Book so it is available. There was no other 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 Miller, and carried unanimously, the Port of Vancouver USA Board of Commissioners ratified and approved payment of August 2007 Vouchers 026318-026814 in the amount of $2,046,572.27 and August 2007 Payroll Checks 004612 – 004638 and Direct Deposits 16931 - 17049 in the amount of $229,843.72. EXECUTIVE DIRECTOR AND STAFF REPORTS COMMISSIONER REPORTS
Commissioner Baker stated she had nothing to report although she plans to travel to Fort Stevens to the Corps of Engineers “thank you” event for the jetty repair on September 14 Commissioner Miller reported he attended or participated in the following meetings:
UPCOMING EVENTS Deputy Executive Director Coleman stated the second annual Joint Port meeting is scheduled for this evening from 6:00 – 9:30 p.m. at the Port of Camas-Washougal. He added there will be discussions around transportation which impacts all three Ports as well as an update on key issues and direction. Deputy Executive Director Coleman indicated on Thursday, September 13, 2007, from 10:00 a.m. to 2:00 p.m., the port will be participating in the “Jobs in the Park” hiring event at the Fruit Valley Park in conjunction with WorkSource. He also stated the port has a brief workshop today on the Wetland Mitigation Bank which follows the commission meeting. Commissioner Miller added the subject of industrial parks throughout the county is also an agenda item for the 3-Port meeting this evening. He stated as the County increases in population, ports must create jobs and that is what ports are all about. RECESS WORKSHOP ADJOURNMENT
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