Port of Bellingham Commission

Action Taken at March 6, 2012 Meeting

Shall the commission:

34. Declare certain vehicles, equipment and materials surplus and authorize the executive director to sell them at public auction? The total estimated value of the property is approximately $19,000. There are seven items with a value of $1,000 or more. A 30 KW generator: $5,000; snorkel lift $4,000; 1996 Ford truck $2,000; 1996 Ford truck $1,200; JD law mover $1,000; 1991 Chevy truck $1,000 and 1991 Ford truck $1,000. Consent Agenda D (Resolution 1307) Approved 3-0

35. Authorize the executive director to sign the 2012 – 2014 collective bargaining agreement with the ILWU Local 7A, Clerical? The contract runs from 1/1/2012 through 12/31/2014 and contains a 2.5 percent wage increase retroactive to 1/1/2012 and a 2.5 percent increase on 1/1/2013 and 1/1/2014. The total cost for the three year contract is $1,706,422. (Action Item 1) Approved 3-0

36. Authorize the executive director to award the low bid of $796,751 contract with Jansen, Inc. of Ferndale for the wetland mitigation site on Slater Road? The 37-acre sire is located on the north side of Slater Road immediately east of the Nooksack River bridge. The contract includes: erosion and sedimentation controls, control of noxious and invasive weeds, parking lot and trail access improvements, temporary access road construction, site excavation and grading to create new wetlands habitat and enhance existing wetlands habitat areas. The total cost of the project is estimated at $1,737,124. Phase two of the project will take place in 2017. The work was advertised and seven bids were received. A contingency fee of $119,486 brings the total contract to $916,057. (Action Item 2) Approved 2-1, Michael McAuley opposed.

37. Authorize the executive director to sign a $169,884 contract (amendment #5) with CH2M Hill of Englewood, Colo., for the Slater Road wetlands mitigation project? See the February 21, 2012 meeting, vote #31, for additional information about the wetlands mitigation project. This amendment is for construction support services related to wetlands work in the previous vote. A contingency fee of $18,876 brings this contract to $188,760 and the total amended contract to $550,311. (Action Item 3) Approved 2-1, Michael McAuley opposed.

38. Authorize the executive director to sign a purchase order for $48,125 to acquire native plant materials from Clark’s Native Tree and Shrubs of Arlington for the wetlands mitigation site? The purchase will obtain 21,943 individual plants of various native species for the 37-acre Slater Road wetlands mitigation site. The plants will be purchased with a Washington State Contract; Clark’s Native Tree and Shrubs was the only native plant grower with plants propagated from an area west of the Cascades Mountain range below 1,500 feet, north of Seattle, east of the Pacific Ocean and south of Vancouver, B.C. The total estimated cost of phase one of the wetlands mitigation project is $1,737,124. (Action Item 4) Approved 2-1, Michael McAuley opposed.

39. Amend the terminus lease with the state of Alaska for the Alaska ferry? The original 20-year lease was signed in 1989 and renewed at the 5/5/2009 meeting, vote #76, to run from 10/1/2009 through 9/30/2024. This amendment (#2) will increase the state of Alaska compensation ($35,496) to the Port of Bellingham for 12 additional days the Alaska ferry will dock at the Bellingham Cruise Terminal. The additional days will begin on 4/14/2012 and end on 9/15/2012. (New Business 5) Approved 3-0

40. Approve a lease modification with Greenberry Industrial of Corvallis, Oregon? At the 10/4/2011 meeting, vote #143, a lease was approved for 45,000 square feet of warehouse space at the shipping terminal. It was modified at the 12/20/2011 meeting adding 1,200 square feet of lunchroom area, at the the 2/7/2012 meeting adding 45,500 square feet of outside storage area and at the 2/27/2012 meeting adding 6,500 square feet of storage space. This vote adds approximately 36,000 square feet of outside storage space effective 3/6/2012 and ending 6/30/2012. (Action Item 6) Approved 3-0

41. Authorize the executive director to sign an amendment to the land use agreement with the state of Washington for the Slater Road wetlands mitigation site? This amendment updates the public trail easement to be consistent with the final mitigation site design. In the original agreement approved at the 10/16/2010 meeting, vote #162, the port agreed to pay an annual fee of $10,000 per year for 10 years, maintain $2 million in liability insurance and allow public access to the site. The original agreement commenced on 3/1/2011 and will expire on 3/1/2021. (Action Item 7) Approved 2-1, Michael McAuley opposed.

42. Approve a lease modification with Blaine Marina, Inc.? The marina has leased property in Blaine since the 1950s. The property is on the state’s hazardous sites list, petroleum hydrocarbon have been identified in the soil and groundwater. A portion of the bulkhead is at risk of failure and action is needed to prevent the spread of contamination into Blaine Harbor. The lease modification addresses the work to be performed by each party. The commission will be presented with a work plan at a future meeting. (Action Item 8) Approved 3-0

43. Authorize the executive director to sign an agreed order with the state of Washington to perform a remedial investigation/feasibility study and interim action at Blaine Marina? The state has identified the marina as a Model Toxics Control Act site. See vote #42 for additional information about the site. (Action Item 9) Approved 3-0

44. Accept responsibilities in Whatcom County for the Associate Development Organization? (Commission acting as the Industrial Development Corporation.) The state legislature created the Associate Development Organization in 1993 to support local economic development. Since 1993, the Northwest Economic Council has served as the lead economic development organization in the county. Responsibilities will be be transferred from the Northwest Economic Council to the Port of Bellingham upon the authority of the Whatcom County Executive. Action Item 10 (Resolution 1305) Approved

45. Award the Small City Economical Development Fund grants totaling $80,000 to Blaine, Everson, Ferndale and Sumas? (Commission acting as the Industrial Development Corporation.) The port started the small city grant program in 2004. The city of Blaine will receive $12,000 ($68,000 cash match) to construct a regional stormwater facility in the Gateway Business Park, the former Blaine airport. The city will receive a $2.5 million loan to build the stormwater facility. The city of Everson will receive $10,000 ($10,000 cash match) for the exptension of sewer and water utilities to an undeveloped industrial area at the southern end of the city. The city has received a $517,000 grant for road construction. The city of Ferndale will receive $20,000 ($10,000 cash match) for roundabouts design concepts. The construction of two roundabouts on each side of I-5 will be in coordination with the state of Washington. The city of Sumas will receive $15,000 ($15,000 cash match) for city well replacement. The city will replace and increase the capacity of one of its wells to support agriculture growth and development in the city. (IDC Action Item 1) Approved 3-0

46. Authorize the commission president to sign a $45,833 agreement with the Northwest Economic Council for funding and contracting with economic development service providers? (Commission acting as the Industrial Development Corporation.) At the 12/7/2010 meeting, vote #174, the executive director was authorized to sign an agreement with the city of Bellingham, Whatcom County and the Industrial Development Committee regarding a coordinated approach to funding and contracting with economic development service providers. The joint funding will be as follows: Whatcom County 49.95 percent; Port of Bellingham 27.47 percent and city of Bellingham 23.08 percent. (IDC Action Item 2) Approved 2-1, Michael McAuley opposed.

47. Authorize the commission president to sign a $229,167 agreement with the Western Washington University for funding and contracting with economic development service providers? (Commission acting as the Industrial Development Corporation.) The joint funding will be as follows: Whatcom County 49.95 percent; Port of Bellingham 27.47 percent and city of Bellingham 23.08 percent. (IDC Action Item ) Approved 3-0

48. Authorize the executive director to approve travel by employees and/or other authorized representatives of the port in order to effectuate necessary port operations provided that the travel expenses are within the annual budget approved by the commission? All international travel (including Canada and by commissioners) will require a vote by the commission. This vote revises Resolution 1106-N (delegating certain administrative powers and duties to the executive director) approved at the 1/3/2012 meeting, vote #1. (New Business) Approved 3-0