Port of Bellingham Commission

Compiled by Bill McCallum

Action Taken at January 2, 2018 Meeting

Shall the commission:

1. Appoint officers for 2018? Ken Bell as president; Bobby Briscoe as vice president and Michael Shepard as secretary. (7211/Action Item 1) Approved 3-0

2. Establish the dates, times and location of regular meetings? The location will remain the same. Meetings will be on the first and third Tuesday of the month, July and August will have one meeting. Starting time will change from 4 to 4:30 p.m. and the break between 5:00 and 5:30 will be discontinued. (7211/Action Item 1) Approved 3-0

3. Approve nominations for commissioners to serve on the following organizations and committees? See endnote for details. (7212/Action Item 3) Approved 3-0

4. Delegate certain administrative powers and duties to the executive director? The administrative powers will run from 2/1/2018 to 1/31/2019. 7213/Action Item 1 (Resolution 1106-T) Approved 3-0

5. Approve rental revenue standards for 2018? Except for two minor changes the rate structure remains intact. (7214/Action Item 5) Approved 3-0

6. Authorize the executive director to accept Puget Sound Energy grants to upgrade lighting at the Bellingham Shipping Terminal and Bellingham Cruise Terminal? The estimated cost of upgrading the shipping terminal is $66,332 and the grants are estimated at $23,520 or 35 percent of the material costs. An estimated savings of 180,205 kilowatt hours per year or a 68 percent reduction in energy usage. The estimated cost of of upgrading the cruise terminal is estimated at $3,683 and the grant is estimated at $2,577 or 70 percent of the material costs. The reducation in energy use is calculated to be 81 percent. (7215-7216/Action Items 6-7) Approved 3-0

7. Reaffirm Chmelik, Sitkin, & Davis as the port’s legal counsel for 2018? The firm’s hourly rate will will increase from $250.00 to $275.00, effective 1/1/2018, for principals, and actual billing rates for associates and paralegals. (7217/Consent Agenda A) Approved 3-0

8. Authorize the port’s legal counsel to sign contracts up to a total of $157,259 with Anchor QEA and other consultants to provide technical expertise in support of legal work related to the environmental department? Since 1996, legal counsel, in conjunction with the port’s environmental department, manages the claims process with AIG for the port’s cost cap insurance policy, cost recovery efforts involving former tenants and historical insurance, grant funding programs, and negotiations with the state of Washington concerning agreed orders and consent decrees for the port’s 20 state-listed Model Toxics Control Act sites. Anchor QEA has provided the bulk of technical-legal support for these legal efforts. (7218/Consent Agenda B) Approved 3-0

9. Small Works Roster. Contracts under $300,000 fall within the executive director’s spending authority; they only require commission notification. Upgrade Bayview Building Ballroom: $19,356; Bellingham Shipping Terminal pile jackets $79,160. (7219/Consent Agenda C)
Approved 3-0

10. Authorize the executive director to sign a $11,920 contract (amendment #3) with Spinner LLC of Bellingham to record port commission and stream them to the Internet and also record all employee meetings? This amendment brings the total contract to $34,960. The contract expires on 12/31/2018. (7220/Consent Agenda D) Approved 3-0

11. Appoint Industrial Development Corporation officers and establish the date, time and location of meetings for 2018? (Commission meeting as the Industrial Development Corporation.) President: Ken Bell; vice president: Bobby Briscoe, and secretary: Michael Shepard. Finance Director Tamara Sobjack was appointed treasurer. IDC meetings will be convened as needed, in conjunction with commission meetings. (7208/IDC Agenda Items 1/2) Approved 3-0

12. Approve the 2017 budget for the Industrial Development Corporation? The budget anticipates revenues of $6,125 and expenditures of $1,272. The motion authorizes the IDC treasurer to approve distribution and payment of IDC funds, and authorize the IDC treasurer to approve the distribution and payment of IDC funds in conjunction with the budget. (7210/IDC Agenda Item 4) Approved 3-0


Action Taken at January 16, 2018 Meeting

Shall the commission:

13. Authorize the executive director to sign a settlement agreement with Starr Indemnity & Libability Company and State Farm Fire & Casualty Company? A boathouse fire at Squalicum Harbor on 3/30/2012, killed two people and destroyed 12 boats. The total estimated cost of environmental cleanup and damage to port property is $1,287,754. The port’s insurance carriers, the Lexington Insurance Company and Starr Indemnity & Liability Company paid the port for all its losses arising from the fire. A lawsuit in federal district court was settled with State Farm. Since the port has been compensated for its losses, the $725,000 payment goes to Starr Indemnity & Liability Company which has paid all the defense costs. (7253/Consent Agenda B) Approved 3-0

14. Authorize the sale of one vessels for the nonpayment of moorage fees? An auction was held on February 9 at the Squalicum Harbor office for a 27-foot sailboat with unpaid moorage fees of $2,596. (7255/Consent Agenda D) Approved 3-0

15. Increase the base salary for the executive director by 3.0 percent? A 3.0 percent raise brings the base salary to $172,152. At the 2/7/2017 meeting, vote #18, the executive director’s base salary was raised by 2.5 percent to $167,137. (7256/Consent Agenda E) Approved 3-0

16. Authorize the executive director to sign a $35,200 contract with The Resource Group of Renton for maintenance and upgrade of accounting software? At the 5/20/2014 meeting, vote #73, the commission authorized a $282,357 contract with The Resource Group for computer services. The contract was to upgrade software that was not Windows compliant, because it required information to be transferred manually every month. The two-year contract does not list an expiration date. (5757/Action Item 1) Approved 3-0

17. Write-off the $18,508 delinquent account with UK-Halsey NW doing business as UK Sailmaker? The original two-year lease was signed in August 2014. The sailmaker began accruing late fees in June 2016. In Janury 2017, it terminated the lease early due to financial reasons. Late fees were paid until 1/31/2017 when they laid off their staff and vacated the premises. (5758/Action Item 2) Approved 3-0

18. Authorize the executive director to spend $134,420 for a new heating, ventilation and air conditioning system for the Bellwether Building? By taking advantage of the Puget Sound Energy incentive program and reduced energy bill, the investment is expect to pay for itself in approximately three years. The installation will be in two phases, the 2019 phase will cost approximately $40,000. A contingency fee of $13,442 brings the total contract to $147,861. (5759/Action Item 3) Approved 3-0

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