•i'aswsca vwHcm MINUTES OF THE PORT OF BELLIN^HAM CO,NSENT A££MA COMMISSION MEETING f HELD TUESDAY, AUGUST 11 , 2020 —.. .- REGULAR REMOTE MEETING i.:^-^...-^.r^_ . Present: Commissioners: President Michael Shepard Vice President Bobby Briscoe Secretary Ken Bell Staff: Rob Fix Executive Director Frank Chmelik Port Legal Counsel Ben Howard Environmental Project Manager Greg McHenry Senior Planning Analyst Brian Gouran Director of Environmental & Planning Services Sunil Harman Director of Aviation Emily Phillipe BLI Operations Manager Gina Stark Economic Development Project Manager Carey Jones Executive Assistant 1:00 PIVLQPEN PUBLIC MEETING. IMMEDIATELY RECESS TO EXECUTIVE SESSION The purpose of the executive session will be to discuss potential litigation, real estate transaction pursuant to RCW42.30.HO (i) (c). 4:00 PM CLOSE EXECUTIVE SESSION. RECONVENE PUBLIC MEETING, ROLL CALL At approximately 4:00 PM, President Michael Shepard opened the public meeting and announced that all 3 Commissioners were present. PUBLIC COMMENT PERIOD- No public comment CONSENT AGENDA- • Approve the minutes from the following scheduled meetings; (A) Commission Meeting 07/14/2020, (B) Budget Meeting 07/23/2020. (C) Authorize the Executive Director to execute a Professional Services Agreement (PSA) with AECOM to provide design and permitting services. (D) Authorize the Executive Director to execute a funding agreement with the National Fish and Wildlife Foundation for the Squalicum Harbor gillnet recycling program between June 1, 2020 and June 1,2024. (E) Authorize the Port Commission to approve lease amendment #3 with the State of Alaska Marine Highway System ("AMHS") located at the Bellingham Cruise Terminal ("Cruise Terminal"). (F) Authorize the Port Commission to approve a rental rate structure for the new "Downtown Waterfront Site". (G) Authorize the Port Commission to approve a Renewal and Modification of Lease between the Port of Bellingham and Mount Baker Products, Inc. (H) Authorize the Port Commission to approve the following documents: a) Consent to Assignment of Lease from Chris Lange and Heather Lange d/b/a The Coffee Junction to Heather Lange d/b/a The Coffee Junction, for property located in Fairhaven Station, Bellingham, Washington. July 14, 2020 Page 2 b) Modification of Lease between the Port of Bellingham and heather Lange d/b/a The Coffee Junction, for property located in Fairhaven Station, Bellingham, Washington. (I) Authorize the Executive Director to execute Coronavirus Aid, Relief, and Economic Security (CARES) Act Revolving Loan Fund Supplemental Disaster Recovery and Resiliency Award. (J) Authorize the Port Commission to approve a Renewal and Modification of lease between the Port of Bellingham (Port) and Bornstein Seafood's, Inc. for premises at Hilton Avenue, Bellingham, Washington. (K) Authorize the Executive Director to enter into a grant agreement with the Port of Bellingham and the Washington State Department of Commerce for economic development support and Small Business Grant funding. Motion Pull item K and approve Consent Agenda items A - J Discussion: No comments Motion approved with a 3 - 0 Vote PRESENTATION- 1. Local Government Collaboration Opportunity, Whatcom County, Resolution 2020-022 Discussion: Executive Director Rob Fix reported a request was made by Whatcom County to reduce redundancies and increase efficiencies in their budget. He invited the Commissioners to join the committee, Commissioner Bell agreed to join the committee. City Council Hannah Stone says the committee's goal is to explore options of what the possibilities may be to seek efficiencies without the bureaucracy. There is shared concern with the current economic constrains that everyone is operating under. COIVUVIISSIONER SHEPARD RECESSED THE PUBLIC MEETING AND OPENED A PUBLIC HEARING ON THE REUNIFICATION OF BIAAC AND TAAC COMMITTEES Discussion: Director of Aviation Sunil Harman reported that the Port would like to merge the International Airport Advisory Committee with the Technical Airport Advisory Committee to form a single unified Airport Advisory Committee. BLI Operations Manager Emily Phillipe gave some background on the motion to merge the two committees, scheduling of meetings, and also to increase the quorum from 5 to 7 members. All three Commissioners were in agreement that they appreciate the merge, as it will be a time efficiency saver. Public Comment: Bellingham Attorney Michael Corn was in agreement that this merge makes a lot of sense for saving everyone's time. COMMISSIONER SHEPARD CLOSED THE PUBLIC HEARING ON THE REUNIFICATION OF BIAAC AND TAAC COMMITTEES AND OPENED THE PUBLIC MEETING ACTION ITEMS- 1. AMEND THE BELLINGHAM INTERNATIONAL AIRPORT ADVISORY COMMITTEE (BIAAC) RESOLUTION TO REINTEGRATE THE TECHNICAL AIRPORT July 14, 2020 Page3 ADVISORY COMMITTEE (TAAC) INTO A SINGLE UNIFIED AIRPORT ADVISORY COMMITTEE WITH APPROVED CHANGES TO THE BYLAWS Motion: Authorize the Port Commission to amend the Bellingham International Airport Advisory Committee (BIAAC) Resolution by adopting Resolution 1320C reintegrating the Technical Airport Advisory Committee (TAAC) by, rescinding Resolution 1329, adopted March 18, 2014, to create TAAC and approving changes to the BIAAC bylaws as follows: a) Requiring a minimum of one quarterly meeting for a minimum of four annual meetings, with additional special meetings as deemed necessary by a simple majority. b) Changing the number of members at a meeting that constitutes a quorum, to seven (7) members. Discussion: No comments Motion approved with a 3-0 Vote. 2. INTERLOCAL AGREEMENT WITH WASHINGTON PUBLIC PORTS ASSOCIATION FOR FEDERAL AGENCY PERMIT SUPPORT Motion: Authorize the Executive Director to execute an Interlocal Agreement with the Washington Public Ports Association to fund a federal permitting liaison staff biologist position to assist in obtaining federal permits for capital and environmental remediation projects. Discussion: Director of Environmental & Planning Services Brian Gouran reintroduced the Interlocal Agreement, as it was tabled at the last commission meeting, as Commissioner Briscoe requested more time to review the request. Commissioner Briscoe thanked everyone for giving him the time to review the agreement, and be able to feel more comfortable before making the vote. Commissioner Bell said he has some reservations, and is going to watch this closely, but he is going to vote yes on this motion. Motion approved with a 3-0 Vote. 3. RESOLUTION No.1391A-COMPREHENSIVE SCHEME OF HARBOR IMPROVEMENTS FOR THE UPDATE TO THE BLAINE WHARF DISTRICT MASTER PLAN & FISHERMEN'S PAVILLION BUILDING IN BELLINGHAM, WA Motion: Authorize the Port Commission to approve Resolution No. 1391A incorporating the Blaine Wharf District Master Plan as approved by City Council on March 9th, 2020 and Fishermen's Pavilion Building as an elements of the Port's Comprehensive Scheme of Harbor Improvements. Discussion: Senior Planning Analyst Greg McHenry said that during the 14 day wait period, they received one comment from the Lummi Nation, and the Port responded to them, and retained the correspondence details. July 14, 2020 Page 4 Commissioner Shepard asked what property the Lummi Nation had a question about. Greg said it was in relation to the construction of the Fisherman's Pavilion. Motion approved with a 3-0 Vote. 4. SEA K FISH SITE - AGREED ORDER WITH THE DEPARTMENT OF ECOLOGY Motion: Authorize the Executive Director to execute an Agreed Order with the Department of Ecology to perform a Remedial Investigation and Feasibility Study and develop a draft Cleanup Action Plan at the Sea K Fish cleanup site, pending no substantive changes to the Draft Agreed Order following public comment. Discussion: Environmental Project Manager Ben Howard gave a presentation on the Sea K Fish site. He broke down the current environment conditions at the site, as well as what the agreed order is, and asked the commission if they had any questions. Commissioner Bell asked if there is any provision in this work plan, to stop the flow of contamination going into the ground water before the Port is able to perform the final clean up. Ben said the contamination is already in the ground water, and there is no current source of a contaminate. Commissioner Shepard asked if the Port could boom it, to stop any contaminates from leaking out. Ben said the Port has a boom under the dock, the Port has made this a priority to go to construction as soon as possible. Commissioner Briscoe asked if the contaminates were machine oil, not fuel oil. Ben reported the contaminates were actually a mix of machine oil and fuel. Commissioner Shepard asked what the timeline is for the actual cleanup. Ben reported the work would be performed approximately in 2022. Motion approved with a 3-0 Vote. 5. SEA K FISH SITE - PSA AMENDMENT WITH LANDAU ASSOCIATES Motion: Authorize the Executive Director to execute Amendment No. 3 to the Professional Services Agreement with Landau Associates to perform environmental and engineering support services for the Sea K Fish cleanup site, adding $308,000 plus 10% contingency for a total revised authorized budget of $432,300. Discussion: Environmental Project Manager Ben Howard said this work will be funded through the existing Environment budget, as well as eligibility for 50% grant funding. Commissioner Shepard asked if there is any historic insurance the Port could capture to help with this expense. Ben said there is potential historic insurance funds; the Port is currently working with Attorney Chmelik and Davis office for that opportunity. July 14, 2020 Page 5 Motion approved with a 3-0 Vote. OTHER BUSINESS- Executive Director Rob Fix addressed some public concern about the residents in Point Roberts not being able to access the mainland. Rob contacted San Juan Cruises about getting a vessel to Blaine Harbor to make a run between Point Roberts and Blaine. The WTA has a zone service that would shuttle the residents from Blaine to the Cordata Station, where they could transfer where they need to go. The proposal is to have the boat run once to twice a day, once or twice a week to transport residents. Rob said the charter boat would be an expense to the Port, if the Commission were to approve this charter service.