Port of Bellingham Commission

Compiled by Bill McCallum

Action Taken at December 8, 2020 Meeting

Shall the commission:
114. Reaffirm Chmelik, Sitkin, & Davis as the port’s legal counsel for 2020? The firm’s hourly rate will remain $275.00 for principals, and actual billing rates for associates and paralegals. (9847/Consent Agenda B) Approved 3-0

115. Set commission meetings dates for 2021? Meetings will be held on the first and third Tuesday of the month with a starting time of 4:00 p.m. Exceptions: one meeting will be held on the second Tuesday in July and August and one meeting on the first Tuesday in December. (9848/Consent Agenda C) Approved 3-0

116. Appoint Tamara Sobjack (chief financial officer) as auditor and Sarah Eastwood, (accounting supervisor) as deputy auditor for fiscal year 2021? This position reviews and certifies all payments, maintains control over all designated cash funds not invested and in compliance with state law and port policies. (9849/Consent Agenda D) Approved 3-0

117. 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 1/31/2022. 9862/Consent Agenda E (Resolution 1183-R) Approved 3-0

118. Approve liability insurance standards for port agreements for fiscal year 2021? It includes items like lease agreements, rental agreements, boat rental agreements, ground transportation, airline lease, air taxi, fuel providers, moorage, meetings and events. Most general liability insurance coverage is $1 million and aggregate is $2 million. (9863/Consent Agenda F) Approved 3-0

119. Authorize the sale of three vessels for the nonpayment of moorage fees? Two auctions were held on January 8; one at the Blaine Harbor office for a 51-foot sailboat with unpaid moorage fees of $5,765. The other auction was at the Squalicum Harbor office for a 30-foot sailboat with unpaid moorage fees of $4,676 and a 29-foot fiberglass sailboat with unpaid moorage fees of $3,442. (9864/Consent Agenda G) Approved 3-0

120. Authorize the executive director to sign a $200,000 settlement agreement with Exxon Mobil Corporation for remediation costs at the Blaine Marina, Inc. cleanup site? The site was created in the late 1930s when aquatic lands were dredged to create a boat harbor and small boat marina. The port leased the site to Blaine Marina from the 1950s to May 2015. In 1956, three underground storage tanks were installed to store gasoline and diesel fuel. In the late 1960s, a Mobil truck released approximately 1,5600 to 2,000 gallons of home heating oil in the tanks. In 2014, the port noted Exxon Mobil that it was a potentially liable person. Exxon Mobil has denied the allegations. To avoid litigation, Exxon Mobil will pay the port $200,000 to resolve its liability. The $200,000 will be applied to the site cleanup. (9856/Consent Agenda H) Approved 3-0

121. Extend the terms of nine Marina Advisory Committee members for three years? The committee was created in 1991, with a minimum of 10 members. Reappointed: Loren Kapp representing active commercial fishing; Robert Brooks representing boathouse owners; Dick Cathell and Linda Thomson representing recreational boaters; Julie Winkler and Jon Alexander representing liveaboards; Ross Tennant representing merchant leaseholders; Paul Burrill (chair) representing upland tenants and Peter Border representing an associate interest group. The Squalicum boathouse representative position is vacant. (9857/Consent Agenda I) Approved 3-0

122. Adopt rules, regulations and rates’ handbook for Blaine Harbor, Squalicum Harbor and the Bellingham Cruise Terminal? The handbook (Resolution 1354) was approved at the 10/4/2016 meeting, vote #168. This update adds clarifying language, revisions to merchant leaseholder policies, new fees for vehicle charging stations and housekeeping changes. The changes are effective on 1/1/2021. 9859/Consent Agenda J (Resolution 1354-E) Approved 3-0

123. Adopt rental revenue standards for 2021? The base rent range will increase at Squalicum Esplanade and Harbor Center and upper end charges will increase at Marina Square, Harbor Mall and 625 Cornwall Avenue. Occupancy levels are high so the port does not expect a fiscal impact. (9860/Consent Agenda K) Approved 3-0

124. Authorize the executive director to sign an agreement with the University of Alaska for berth moorage at the Harris Avenue pier? The university will berth a research vessel for 26 days, starting on 12/18/2020 and departing on 1/12/2021. The fees will be approximately $10,218. (9861/Consent Agenda L) Approved 3-0

125. Authorize the executive director to sign an agreement with Corix Utilities Systems of Vancouver, British Columbia, to provide energy for the downtown waterfront? Corix will design, construct, finance, own, operate and maintain the district energy utility in the 44 acres that was the former Georgia-Pacific West site. A system of water pipes, space heating and cooling, hot water delivery and storage equipment to be for distributing and storing thermal energy. (9852/Action Item 2) Approved 3-0

126. Approve the Waterfront District master plan and amend the Comprehensive Scheme of Harbor Improvements? (Public hearing held at November 17 meeting.) At the 12/3/2013 meeting, vote #176, the commission approved the Waterfront District Master Plan as defined in the 2005 interlocal agreement. At the 12/3/2013 meeting, vote #177, it approved the Squalicum Harbor comprehensive scheme of harbor improvement. Incorporated into the scheme is the 2021-2025 five-year capital budget forecast and the 2021 unfunded projects’ list. 9853/Action Item 3 (Resolution 1391-B) Approved 3-0

127. Approve an option agreement with ABC Recycling Operation of Burnaby, British Columbia, for 5.97 acres of property located in the log pond area, plus the right to use the Bellingham Shipping Terminal? ABC Recycling is the largest metal recycling company in western Canada. It has eight location in British Columbia and Alberta. The recyclable metal will be stockpiled at the log pond area to export from the Shipping Terminal. Approximately 42,000 metric tons will be imported the first year and subsequent years. Apptoximately 60.000 metric tons will be exported the first year ­— 90,000 metric tons in year two and 180,000 metric tons in subsequent years. Approximately 26 jobs will be added to the local economy. The term of the lease is 25 years. The land rent will be approximately $198,442 a year for the first five years. Terminal fees will be based on the port’s terminal tariff. (9854/Action Item 1) Approved 3-0

128. Appoint officers for 2021? President: Ken Bell; vice president: Michael Shepard; secretary: Bobby Briscoe. See the endnote for board representatives. (9855/Action Item 4) Approved 3-0

129. Appoint Industrial Development Corporation officers and establish the date, time and location of meetings for 2020? (Commission meeting as the Industrial Development Corporation.) President: Ken Bell; vice president: Michael Shepard; secretary: Bobby Briscoe; and treasurer: Tamara Sobjack. IDC meetings will be convened as needed, in conjunction with commission meetings. (9858/IDC1-3) Approved 3-0

130. Approve the 2020 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: $24,116. This motion authorizes the IDC treasurer to approve distribution and payment of IDC funds in conjunction with the budget. (9858/IDC4) Approved 3-0

131. Authorize the executive director to sign an agreement with the city of Bellingham to address mutual issues of concern? One of the issues is the use of the Cornwall property for a temporary tiny home encampment. The city of Bellingham and Whatcom County will identify and fund a qualified operator to manage the site. Approved 3-0

Whatcom Council of Governments:
Ken Bell (primary),
Michael Shepard (secondary)

Washington Public Ports Association:
Bobby Briscoe (trustee),
Ken Bell (alternate)

Whatcom County Economic Development Investment Program:
Ken Bell (primary),
Bobby Briscoe (secondary)

Western Crossing:
Michael Shepard (primary),
Ken Bell (secondary)