Port of Bellingham Commission

Compiled by Bill McCallum

Action Taken at December 6, 2022 Meeting

Shall the commission:
136. Establish officers for 2023? President: Michael Shepard; vice president: Bobby Briscoe; secretary: Ken Bell. See the endnote for board representatives. (12135/Action Item 2) Approved 3-0

137. Authorize the executive director to administer state grants as they become available for costs associated with the disposal of four abandoned vessels? Through the Derelict Vessel Removal Program, the state will reimburse the port for up to 100 percent of the costs. On 9/3/2022, the port completed the custody process for a vessel that had sunk in the Whatcom Waterway. It was raised, towed to Colony Wharf and the port staff disposed of it. The total estimate cost is $15,000. On 8/30/2022, a vessel sank at Gate 5. A crane barge raised it and the vessel was floated to the SeaView North Boatyard. The demolition was completed on 10/4/2022. The U.S. Coast Guide brought a vessel that was adrift on the Bellingham Bay side of the San Juan Islands. On 3/31/2002, the vessel began taking on water. It was hauled out of the water and the port staff disposed of it; the total cost was $10,313. On 3/1/2020, the Cape Lazo sank at the dock; it was raised and repaired. On 8/17/2021, a fire in an extension cord caused it to start sinking. Three pumps were used to pump it out. Two pumps were left aboard the vessel. On 6/23/2022, it started sinking again. The Cape Lazo was towed to SeaView North Boatyard. Demolition and disposal was completed on 9/26/2022. The memorandum only listed the dollar amount for the removal, demolition, disposal and staff time for two vessels. (12137/Consent Agenda B) Approved 3-0

138. Reaffirm Chmelik, Sitkin & Davis as the port’s legal counsel for 2022? The firm’s hourly rate will increase from $300.00 to $320.00 for principals, and between $200 to $280 for associates and paralegals. (12138/Consent Agenda C) Approved 3-0

139. Set commission meetings dates for 2023? Meetings will be held on the first and third Tuesday of the month with a starting time of 4:00 p.m. Exceptions: second and fourth Tuesday in January, one meeting on the third Tuesday in April, one meeting on the second Tuesday in July and August, one meeting on the third Tuesday in September and one meeting on the second Tuesday in December. (12139/Consent Agenda D) Approved 3-0

140. Approve modifications to the 2023 Bellingham airport tariff schedule? (Public hearing held.) The schedule is being held at the same levels as the 2021 tariff schedule with no rate or fee increases due to the ongoing pandemic. The schedule is for ground service fees; license to operate fees; space and land rental fees; transit, weekly and monthly tie-down, aviation fees; and security access card. (12141/Action Item 1) Approved 3-0

141. Enter into a non-binding memorandum of understanding with APT Marine and Charter Services to revitalize the Squalicum Way corridor? At the 5/3/2022 meeting, vote #55, the name was changed from M-Kov, Inc. to APT Marine and Charter Services; the owner remained the same. APT is the owner of property within the Squalicum Corridor at 717 Squalicum Way; the port is the owner of adjacent property. APT will be responsible for the cost and construction of over-water improvements, including in-water pilings and infrastructure. Redevelopment, design, permitting and construction will be presented to the commission for approval. (12142/Consent Agenda I) Approved 3-0

142. Appoint Industrial Development Corporation officers and establish the date, time and location of meetings for 2023? (Commission meeting as the board of directors of the Industrial Development Corporation.) President: Michael Shepard; vice president: Bobby Briscoe; secretary: Ken Bell; and treasurer: Tamara Sobjack. Meetings will be convened as needed, in conjunction with commission meetings. (12143/IDC 1-3) Approved 3-0

143. Approve the 2023 budget for the Industrial Development Corporation? (Commission meeting as the board of directors of the Industrial Development Corporation.) Anticipated revenues: $6,125; anticipated expenditures: $700; beginning cash balance: $35,469. This motion authorizes the IDC treasurer to approve distribution and payment of IDC funds in conjunction with the budget. (12144/IDC 4) Approved 3-0

144. Transfer $46,000 from the City of Sumas to the City of Lynden? At the 4/19/2022 meeting, vote #40, the City of Sumas was awarded an economic development grant of $50,000 for preliminary design and the feasibility of relocating the City Hall/police department/public works facility. The building sustained damage during the Nov. 2021 flood event and was not operational as a command center during the disaster. By November 2022, it was clear the City of Sumas was not going to expend the grant. The City of Lynden applied for a 2022 economic development grant but was not awarded one. It was decided that $46,000 in grant money would be transferred to the City of Lynden for the West Lynden Industrial Area and Guide Meridian development assistance. (12145/Consent Agenda J) Approved 3-0

145. Increase the base salary for the executive director to $222,000? This vote increases the severance payout (should the commission terminate the employment of the executive director at any time) from six months to 12 months. (12146/Consent Agenda K) Approved 3-0

146. Appoint Marlene Hick as the Public Records Officer as the agent to receive tort claims? As part of her insurance duties, she is currently the person who receives and processes tort claims. 12147/Consent Agenda L (Resolution 1406) Approved 3-0

147. Approve liability insurance standards for port agreements for fiscal year 2023? No changes have been made from 2022. Liability standards include items like lease agreements, rental agreements, boathouse agreements, ground transportation, airline leases, air taxi agreements, aviation fuel providers, marine fuel providers, moorage, meetings and events. Most general liability insurance coverage is $2 million; aggregate is $2 million and aircraft liability (cargo) is $5 million, and 1 million per passenger. (12148/Consent Agenda M) Approved 3-0

148. Designate the chief financial officer as the official responsible for informing the public of the port’s intent to issue tax-exempt bonds? The designation expires on 1/31/2024. 12149/Consent Agenda N (Resolution 1183-S) Approved 3-0

149. Adopt rental revenue standards for 2023? The base rent range will increase for class “c” buildings while rates for all other categories have minimal changes. Occupancy levels are high and the port charges market rates so it does not expect a fiscal impact. The guidelines recommended for 2023 are attached to the memorandum as Appendix “A.”(12150 /Consent Agenda O) Approved 3-0

150. Appoint Tamara Sobjack (chief financial officer) as auditor and Sarah Eastwood, (controller) as deputy auditor for fiscal year 2023? The auditor position reviews and certifies all payments, maintains control over all designated cash funds not invested and in compliance with state law and port policies. (12151/Consent Agenda E) Approved 3-0

151. Authorize the executive director to sign a $51,997 contract (amendment #5) with Bennett Engineering of Bellingham to monitor the airport woodwaste landfill? Georgia-Pacific operated the landfill from 1984 to 1992; the port acquired the property in 2005. The Whatcom County Health Department issued the permit for the closure of the woodwaste landfill site in 2010; see the 12/7/2010 meeting, vote #165. It is anticipated that woodwaste post-closure monitoring, water sampling and reporting will be required for another 10 to 15 years. The total amended amount is $223,227. (12152/Consent Agenda F) Approved 3-0

152. Authorize the executive director to approve a $59,409 payment to the state of Washington for aquatic lands’ harbor leases adjacent to the Whatcom Waterway? The state issued two leases to Georgia-Pacific for the treatment lagoon known as the Aerated Stabilization Basin. The leases are for a pipeline under Whatcom Creek to the treatment lagoon for stormwater treatment and for the outfall pipe from the treatment lagoon into Bellingham Bay. The treatment lagoon is part of the Whatcom Waterway cleanup site. Since 6/30/2008, the port has been using the treatment lagoon and pipeline system to manage stormwater and industrial process water. The payment period runs from 12/1/2022 through 11/30/2023. (12153/Consent Agenda G) Approved 3-0

153. Reallocate $690,000 for site improvements, design and permitting at the Fairhaven Marine Industrial Park? (12154/Consent Agenda H) Approved 3-0  

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