Commission Meeting Portal

Special Meeting on Mar 31, 2009 1:00PM

Minutes for the Port Of Seattle Commission meeting, held on Mar 31, 2009 1:00PM

        Commissioners                                               Tay Yoshitani 
                                                                                              Chief Executive Officer 
                      Bill Bryant 
                      Chair and President 
                   John Creighton                           P.O. Box 1209 
                     Patricia Davis                           Seattle, Washington 98111 
                   Lloyd Hara                             www. portseattle.org 
                   Gael Tarleton                              206.728.3000 

             An audio of the meeting proceedings and meeting materials are available on the Port of
                                        Seattle web site - 
                http://www.portseattle.org/about/organization/commission/commission.shtml 
             (The approximate point in the audio recording for the specific item is identified by
            minutes and seconds; example: 01:30.) 
                     APPROVED MINUTES 
               COMMISSION SPECIAL MEETING MARCH 31, 2009 
            The Port of Seattle Commission met in a special meeting at 3:00 p.m., Tuesday, March
           31, 2009 at the South Seattle Community College Georgetown Campus, 6737 Corson
            Ave. S, Seattle, WA. Commissioners Bryant, Creighton, Davis, and Hara and Tarleton
             were present. 
               1.     CALL TO ORDER 
            The special meeting was called to order at 3:03 p.m. by Bill Bryant, Commission
             President. 
               2.     EXECUTIVE SESSION pursuant to RCW 42.30.110 
           None. 
           PLEDGE OF ALLEGIANCE 
            Dr. Gary Oertli, President of South Seattle Community College was introduced and gave
           welcoming remarks to the Commission. 
               3.     APPROVAL OF MINUTES 
            (00:06:51) Motion for approval of the minutes of the minutes of the special meetings
           of February 3 and February 24, 2009  Hara. 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 

                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 2 

               4.     SPECIAL ORDER OF BUSINESS 
           None. 
               5.     UNANIMOUS CONSENT CALENDAR 
           None. 
               6.     DIVISION, CORPORATE AND COMMISSION ACTION ITEMS 
               a.  (00:07:48) Authorization for construction and approval to advertise for bids for
             the Trash Handling and Recycling System Project at Seattle-Tacoma
              International Airport (Airport), increasing the Project Authorization by an
              amount of $724,000, for a total authorization of $1,476,000. 
           Request document: Commission agenda memorandum dated March 6, 2009 from
            Michael Ehl, Director, Airport Operations; Robert F. Riley, Director, Aviation Capital
            Improvement Program; and Richard Ottele, General Manager, Aviation Facilities and
             Infrastructure. 
             Presenters: Mr. Riley and Trevor Emtman, Senior Systems Engineer 
             Mr. Riley stated that this project will be beneficial in the areas of the environment, safety,
             and economically to the airlines. He clarified that this request is for five of six planned
              sites at the Airport. 
            Commissioner Tarleton noted that the operations and maintenance of this system will be
             paid for by user fees. 
           Motion made and seconded for approval of Item 6a  Davis 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
              b.  (00:12:27) Authorization to execute Fourth Addendum to Participation
              Agreement for Cleanup of Seattle-Tacoma International Airport Jet Fuel Facility,
              a multi-party agreement for remediation of the United Airlines and Continental
              Airlines Former Fuel Farms Area at Seattle-Tacoma International Airport. 
           Request document: Commission agenda memorandum and map dated February 27, 2009
            from Elizabeth Leavitt, Director, Aviation Environmental Programs; Paul Agid,
           Environmental Program Supervisor, Aviation Environmental Programs; and Susan
            Ridgley, Senior Port Counsel. 

                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 3 
             Presenter: Mr. Agid 
            Mr. Agid provided background on cleanup efforts made at the fuel storage facilities
             beginning in 1988 through the present. He noted that the funding for the Port's share of
            the project cost will come from a previously approved Environmental Reserve spending
             authorization. 
           Motion made and seconded for approval of Item 6b  Creighton 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
                c.  (00:21:38) Authorization for design and construction of the North Snowmelt
            and North Cargo Pump Station Improvements under the Adaptive Management
            Phase of the Comprehensive Stormwater Management Program (CSMP) for
              $350,000. 
           Request document: Commission agenda memorandum dated February 27, 2009 from
           George England, Program Leader, Aviation Project Management Group; Elizabeth
            Leavitt, Director, Aviation Environmental Programs; and Richard Ottele, General
             Manager, Aviation Facilities and Infrastructure. 
             Presenter: Mr. England 
             Mr. England clarified that this item is not a request for funding, and is necessary to keep
            in compliance with the current NPDES (National Pollution Discharge Elimination
            System) permit. He noted that Port Construction Services would be performing the
             construction piece of the request, unless the estimate exceeds the $200,000 limit, in
             which case it would be advertised as a small major project. 
            Commissioner Hara requested that staff return to brief the Commission as appropriate
           regarding the CSMP. 
            For background, Mr. England provided a brief review of the history of the CSMP. 
           Motion made and seconded for approval of Item 6c  Davis 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
              d.  (00:30:12) Resolution No. 3613, Second Reading and Final Passage, as amended.
             Repealing the current Audit Committee Charter and replacing it with the new
             Charter as approved by the Audit Committee. 

                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 4 
           Request document: Commission agenda memorandum dated March 25, 2009 and
            computer slide presentation from Tom Barnard, Commission Research and Policy
            Analyst 
             Presenter: Mr. Barnard 
            Mr. Barnard review changes that had been incorporated into the resolution since First
            Reading. 
           Motion for Second Reading and Final Passage of Resolution No. 3613, as amended
           was made and seconded  Hara 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
               7.     STAFF BRIEFINGS 
               a.  (00:33:02) Customer Support Package and the Clean Air Program Briefing 
            Presentation documents: Commission agenda memorandum dated March 12, 2009 and
            computer slide presentation from Charles Sheldon, Managing Director, Seaport Division;
            Phil Lutes, Deputy Managing Director, Seaport Division; and Wayne Grotheer, Director,
            Seaport Professional & Technical Services. 
             Presenters: Mr. Lutes, Mr. Grotheer, and Tom Tanaka, Senior Port Counsel 
            Mr. Lutes and Mr. Grotheer provided information regarding the following: 
              Why have a customer support package? 
                  o  Crisis in the container industry continues to deepen 
                  o  Supply chain pressure for cost reductions 
                  o  Need to keep current cargo and a position for expansion 
                  o  Opportunity to solidify new business 
              Customer support package details 
                  o  What the Port gives 
                  o  What the Port receives 
               Proposed environmental commitments in terminal leases 
              Why have a truck plan now? 
               Clean air program planning process 
              Advisory group contributions 
              Proposed truck plan elements 
            Outcomes 
             Commission schedule 

                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 5 
           Commissioner Creighton commented on the need to keep shipping companies
             incentivized while concessions are being offered to terminal operators. 
            Commissioner Davis suggested that 'market timing' be included as an advantage the Port
             will receive out of the project. 
            Commissioner Creighton commended staff on coming up with a list of environmental
             provisions being proposed as part of the plan. 
            Mr. Tanaka provided an update on what is happening in the litigation at the Ports of Los
            Angeles and Long Beach regarding their clean trucks plans, noting differences in the
            programs at those Ports and the proposed program at the Port of Seattle. He commented
            that the litigation at the Ports of LA/Long Beach, it has been demonstrated what can and
            what cannot work. 
            In response to a question from Commissioner Davis, Mr. Tanaka clarified that the courts
             did not say that we could not proceed with the truck program to clean up the so called
             'dirty trucks' that are now on the streets; that the environmental side of a truck program
             was not tossed out. 
            Commission Bryant questioned whether staff is looking at not doing other projects in
            order to allow this program to happen. Mr. Lutes replied in the affirmative, noting that
            one item would be to delay looking for some off-dock land. 
            Commissioner Tarleton commented on the current small business program and the
            importance of understanding that independent owner/operators are actually small
            business owners, and stated a desire to receive information on how many owner/operators
             are actually accessing resources available to them through the small business assistance
             program and what the impact is of the help they are getting. 
            Commissioner Tarleton also expressed interest in learning what percentage of
            independent owner/operators are choosing to stay in the business because they have
             access to small business assistance. 
            Commissioner Davis raised the question of whether or not financial help could be
             pursued from shippers or retailers. Mr. Lutes said he knew of no offers to provide
             support, but that the shippers and retailers are supportive of the program and resulting
             benefits, and that it would be possible to pursue those options. 
            Following staff presentations, Commissioner Bryant read into the record the following: 
               A letter dated March 30, 2009 from James Jack, Executive Director, Coalition for
                 Responsible Transportation. A copy of the letter is, by reference, made a part of
                  these minutes, is marked Exhibit 'A,' and is on file in Port offices. 

                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 6 
               A letter dated April 1, 2009 from Robin Lanier, Executive Director, Waterfront
                  Coalition. A copy of the letter is, by reference, made a part of these minutes, is
                  marked Exhibit 'B,' and is on file in Port offices. 
               A letter dated March 31, 2009 from Kelly Kolb, Vice President, Global Supply
                 Chain Policy, Retail Industry Leaders Association (RILA). A copy of the letter is,
                  by reference, made a part of these minutes, is marked Exhibit 'C,' and is on file in
                   Port offices. 
            Public Testimony regarding Item 7a was received from the following individuals: 
              Lily Wilson-Codega, King County Labor Council. Ms. Wilson-Codega 
                  encouraged further consideration of a program that will work for all drivers,
                  including those who cannot afford retrofits. 
             John Guevarra, ACORN member. Mr. Guevarra commented on concerns of the
                 local environment. 
             Michael McGrath, ACORN member. Mr. McGrath commented on a driver
                resource center created by ACORN members. 
              Arsalan Bukhari, C.A.I.R. Mr. Bukhari encouraged exploration of further options
                 that would not burden drivers as much. 
             Karen Deal, UFCW Local 21. Ms. Deal said she believes should contribute to a
                  study of further options. 
              Sally Kinney, Temple Beth Am. Ms. Kinney spoke representing local religious
                 communities and their concerns for workers, commenting that the religious
                 communities bear too much of a burden and that truck drivers are at 'the bottom
                   of the pile' financially. 
              Paul Marvy, Change to Win. Mr. Marvy stated the the Commission needs to
                 demonstrate leadership, and commented that the proposed plan leaves too many
                 unanswered questions. 
             Howard Greenwich, Puget Sound SAGE. Mr. Greenwich commented on the need
                 to see an economic analysis showing how the proposed rent breaks will result in
                 better outcomes. 
              Stefan Moritz, Unite HERE. Mr. Moritz commented on the need to support our
                 communities, and stated that he supports the Clean and Safe Ports plan. 
               Heather Trim, People for Puget Sound. Ms. Trim stated that this is a human
                 health issue and she does not believe the Commission has been given a full range
                  of options for truck plans. 
             Jenon Laurene, ACORN member. Ms. Laurene voiced concerns over the lack of
                  medical care available to drivers. 
              Dennis McLerran, Puget Sound Clean Air Agency. Mr. McLerran commented on
                  the need for the clean air strategy to be implemented as soon as possible, and
                  stated that although the plan needs to be tailored, he supports of the Cascade
                 Sierra model. He noted that the agency will work with the Port to finalize and
                 implement the Port's plan. 


                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 7 
               Joyce Tseng, Community Coalition for Environmental Justice. Ms. Tseng stated
                  opposition to the Port's plan, stating that there would be too much put on the
                 drivers and that more options should be explored. 
              Frank VanHaren, Department of Ecology (DOE). Mr. VanHaren said that the
                 DOE is committed to implementing the clean air strategy and have some funds to
                  contribute. He stated that they are ready to collaborate on the proposal the Port
                  decides to adopt. 
              Arved DeBruyn, American Lung Association. Mr. DeBruyn stated that he is
                  anxious to see the Port adopt the 2011 requirement to eliminate pre-1994 trucks. 
              Michael Gonzales, Teamsters Local 174. Mr. Gonzales stated he feels like truck
                  drivers are being exploited as a result of the proposed plan. 
               Willie Washington, citizen. Mr. Washington spoke on the differences between
                 owner/operators and independent contractors. He does not believe drivers should
                   pay for truck retrofits. 
              Olufemi Dosummu, citizen. Mr. Dosummu stated that truck drivers will not be
                 able to pay for new trucks, and also commented on the lack of health care options
                   available to truckers. 
               Calvin Borders, citizen. Mr. Borders spoke about the lack of regulations for
                 independent contractors and stated there should be incentive programs. 
              Patrick Neville, King County Labor Council, AFL-CIO. Mr. Neville commented
                 on the need to focus on incentive programs; working with trucking companies;
                and maintaining a focus on economic development. 
              Faisal Osman, citizen. Mr. Faisal commented that the proposed plan could put
                  him out of business. 
              Lynn Domingo, LELO (Legacy of Equality, Leadership, and Organizing). Ms.
                 Domingo stated that the workers should not be labeled as sub-contractors; there
                 should be more of an economic focus, and that we do not need any more
                unemployed workers. 
               Heather Weiner, Coalition for Clean and Safe Ports. Ms. Weiner urged the
                  Commission to look at a range of alternatives rather than just adopting the one
                 currently being proposed. A copy of a letter to the Commission dated March 31,
                 2009 was submitted by Ms. Weiner, is by reference, made a part of these minutes,
                  is marked Exhibit 'D,' and is on file in Port offices. 
              Sue Mauermann, Director, Environmental Programs, Port of Tacoma. Ms.
                 Mauermann spoke in support of the Port of Seattle program and the cooperation
                  with the Port of Tacoma on air issues. 
              Michael Kidane, citizen. Mr. Kidane voiced concerns over health-related issues
                 of truckers, and also commented that the proposed plan could force many truckers
                  out of business. 
              Ahmed Dahin, citizen. Mr. Dahin voiced concern of the cost to the truckers for
                  the clean air program as well as concern that truckers will lose their jobs. 
               Abraham Kibran, citizen. Mr. Kibran said that drivers cannot afford the proposed
                  plan and that the focus should be on trucking companies rather than the drivers. 


                March 31 SM Min

        PORT COMMISSION MINUTES OF THE SPECIAL MEETING 
         TUESDAY, MARCH 31, 2009                           P. 8 
                Somalian gentleman ('Abukhar'), with translator. The gentleman stated that he
                 cannot afford the proposed program, and commented that he would rather be
                 working than being forced to go on welfare. 
              Yanata (?). The gentleman commented that there are a lot of trucks, not
                   connected to the Port of Seattle, that are pre-1994 and are still in use. 
              A written copy of comments was received by Edgar Ramirez Estrada, ACORN
                 member, is by reference, made a part of these minutes, is marked Exhibit 'E,' and
                    is on file in Port offices. 
               A written copy of comments was received by Magar Abdulle Farah, is by
                  reference, made a part of these minutes, is marked Exhibit 'F,' and is on file in
                   Port offices. 
               8.     NEW BUSINESS 
           None. 
               9.     POLICY ROUNDTABLES 
           None. 
             10.    ADJOURNMENT 
            There being no further business, the meeting was adjourned at 5:55 p.m. 
             (A digital recording of the meeting is available on the Port's website.) 

           Lloyd Hara 
            Secretary 







                March 31 SM Min