Commission Meeting Portal

Regular Meeting on Aug 25, 2009 1:00PM

Minutes for the Port Of Seattle Commission meeting, held on Aug 25, 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 REGULAR MEETING AUGUST 25, 2009 
                  The Port of Seattle Commission met in a special meeting at 12:00 p.m., Tuesday, August
                  25, 2009 in the International Conference Center, Airport Office Building, Seattle-Tacoma
                   International Airport, Seattle, WA. Commissioners Creighton, Davis, Hara and Tarleton 
                  were present. Commissioner Bryant was absent 
                      1.       CALL TO ORDER 
                  The special meeting was called to order at 12:10 p.m. by Gael Tarleton, Vice-Chair and
                   Vice-President. 
                      2.       EXECUTIVE SESSION pursuant to RCW 42.30.110 
                  The regular meeting was immediately recessed to an executive session to discuss Legal
                  Risk issues (RCW 42.30.110 (l)(i) for approximately one hour and reconvened to public
                    session. 
                 PLEDGE OF ALLEGIANCE 
                      3.       APPROVAL OF MINUTES 
                 None. 
                       4.   SPECIAL ORDER OF BUSINESS 
                     None. 

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                       5.   UNANIMOUS CONSENT CALENDAR 
                 None. 
                       6.   DIVISION, CORPORATE, AND COMMISSION ACTION ITEMS 
                  Item 6i was advanced on the agenda as follows: 
                       i.    (00:01:18) Resolution No. 3627, Second Reading and Final Passage.  Amending
                        Resolution No. 3626, Opting out of Tax Redistribution for Local
                         Revitalization Area 
                 Request document: Commission agenda memorandum dated August 21, 2009 from
                  Clare Gallagher, State Government Relations Manager and Elizabeth Morrison, Senior
                  Manager, Corporate Finance. 
                   Presenter: Ms. Gallagher 
                  Mr. Yoshitani 
                   Ms. Gallagher was available to answer any questions that might arise regarding the
                 Resolution, which was approved by Commission for First Reading on August 24. There
                  were no questions. 
                 Motion for Resolution No. 3627, Second Reading and Final Passage  Creighton 
                 Second - Hara 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote. 
                 (00:03:41) Public comment was advanced on the agenda from the following individual: 
                      Jimy Sherrell, President, Shuttle Express. Mr. Sherrell provided a brief
                          background of 22 consistent years of operation by Shuttle Express. A written
                          copy of comments by Mr. Sherrell was provided, is by reference, made a part of
                           these minutes, is marked as Exhibit "A," and is on file in Port offices. 
                  The agenda was returned to Division, Corporate and Commission Action Items as
                   follows: 
                       6.   DIVISION, CORPORATE, AND COMMISSION ACTION ITEMS 

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                      a.  (00:10:59) Authorization for the Chief Executive Officer to execute a new
                     Collective Bargaining Agreement between the Port of Seattle and International
                    Brotherhood of Teamsters Local Union No. 763, representing Police
                    Commanders (formerly Police Captains and Lieutenants). 
                 Request documents: Commission agenda memorandum dated August 12, 2009 and
                  agreement from Gary Schmitt, Labor Relations Director. 
                   Presenters: Mr. Schmitt and Colleen Wilson, Port Chief of Police 
                  Commissioners acknowledged the positive changes to the Port Police Department as a
                  result of Chief Wilson"s management and commended her for her leadership. 
                 Motion for approval of Item 6a  Hara 
               Second: Davis 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote 
                     b.  (00:19:32) Authorization for the Chief Executive Officer to execute a new
                    Collective Bargaining Agreement between the International Longshore and
                   Warehouse Union Local 9, representing Ground Transportation Agents and
                     Guest Service Representatives. 
                 Request documents: Commission agenda memorandum dated August 5, 2009 and
                  agreement from Gary Schmitt, Labor Relations Director 
                   Presenters: Mr. Schmitt; David Leon, Labor Relations Manager; and Paul Grace, Senior
                  Manager, Airport Operations 
                 Motion for approval of Item 6b  Davis 
                Second  Hara 
                  Public comment regarding Item 6b was received from the following individual: 
                       Tony Hutter, ILWU Local 9. Mr. Hutter thanked Port staff for their efforts in
                                the negotiations. 
                  Motion carried by the following vote: 

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                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote 
                       c.   (00:24:30)  Authorization for the Chief Executive Officer to execute a new Labor
                     Agreement between the Port of Seattle and the Seattle Building and
                   Construction Trades Council, Maintenance Agreement Addendum. 
                 Request documents: Commission agenda memorandum dated July 30, 2009 and
                 agreement addendum from Gary Schmitt, Labor Relations Director 
                   Presenters: Mr. Schmitt and Lisa Hornfeck, Labor Relations Manager 
                 Motion for approval of Item 6c  Davis 
                Second  Hara 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote 
                     d.  (00:27:03) Authorization for the Chief Executive Officer to execute a new Labor
                    Agreement between the Port of Seattle and the Pacific Northwest Regional
                    Council of Carpenters of the United Brotherhood of Carpenters and Joiners of
                    America, Local 113. 
                 Request document: Commission agenda memorandum dated July 31, 2009 and
                  agreement from Gary Schmitt, Labor Relations Director 
                   Presenters: Mr. Schmitt and Lisa Hornfeck, Labor Relations Manager 
                 Motion for approval of Item 6d  Hara 
               Second: Creighton 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote 
                  Commissioner Tarleton noted that at the next Commission meeting there would be
                   further discussion of what Labor Day means to the Port of Seattle and the people of King
                 County. 

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                   Mr. Yoshitani also complemented the great partnerships that exist between the Port of
                   Seattle and organized labor. 
                   Staff briefings were advanced on the agenda as follows: 
                       7.   STAFF BRIEFINGS 
                      a.  (00:30:19) Clean Air Update 
                  Presentation documents: Commission agenda memorandum dated August 10, 2009;
                  computer slide presentation; and report from Wayne Grotheer, Director, Seaport
                  Professional and Technical Services and Sarah Flagg, Seaport Air Quality Program
                Manager 
                   Presenters: Mr. Grotheer and Ms. Flagg 
                   Staff noted that this briefing to the Commission was to provide an update on the
                  Seaport"s Clean Air Program, which would focus on the truck program but would also
                  provide an update on other aspects of the program, which include the At Berth Clean
                  (ABC) Fuel Program for ships. 
                  Background of where drayage trucks are used was provided, and it was noted that
                    although these trucks are not hired by the Port of Seattle, they are an integral part of the
                   link between the terminals and the intermodal yards and distribution centers. 
                  The topic of particulate matter emissions from drayage trucks was reviewed as well as
                  reasons why percentages of emissions vary from port to port, the main reason being the
                   distance that the trucks travel from terminals to intermodal yards. 
                   The age of drayage trucks at various ports was reviewed, and it was noted that the age of
                   trucks is a concern, but they have gotten progressively cleaner over time due to US
                  Environmental Protection Agency (EPA) efforts to reduce air emissions. 
                  Commissioner Davis commented on the fact that working on air pollution also
                   contributes toward water pollution impacts, as much of what is in the air often ends up in
                    the water. 
                  Ms. Flagg briefly reviewed truck performance measures for the Northwest Ports Clean
                   Air Strategy, which include: 
                         All trucks must meet Federal 1994 emission standards by December 31, 2010 
                         80% of trucks must meet Federal 2007 emission standards by December 31,
                           2015, and 100% by 2017 

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                  Ms. Flagg commented that staff will be working with Marine Terminal Operators
                   (MTOs) in order to enforce these standards at the gates. She also stated that the program
                   will be fee free, and noted that staff is partnering with the Puget Sound Clean Air Agency
                   (PSCAA) on a number of related initiatives, and is working with the Port"s Office of
                   Social Responsibility (OSR) as well. 
                 Regarding Marine Terminal Lease Amendments, Ms. Flagg noted that approval form the
                  Federal Maritime Commission had been received to discuss the truck program
                   implementation and stated that the final version of lease amendments have been sent to
                  the MTOs for review, and that execution of the lease amendments was expected within
                 two weeks. 
                  Staff reviewed the key program elements which are being developed with PSCAA for a
                  buy-back and scrap program for older trucks and spoke about the current schedule for the
                 program. 
                  Ms. Flagg discussed how the OSR has been of assistance by hosting a Trucker Resource
                  Fair in June, 2009, which brought together insurance resources, community resources,
                   and financial resources as well as provided a briefing on the Clean Truck Program. She
                  commented on the success of the event and noted there were plans for a second Trucker
                  Resource Fair in November. 
                  Responding to a question from Commissioner Tarleton about the number of truckers who
                   attended the resource fair and what kind of questions were asked, Ms. Flagg stated she
                   believed there were approximately 45 truckers who attended and noted that a lot of the
                  questions centered around the buy-back and scrap program. She also commented that
                   there would be additional outreach between the current time and the next resource fair
                 planned for November. 
                  Responding to Commissioner Hara"s question about the ability for truckers to obtain
                   loans, Ms. Flagg stated that the OSR was working with a variety of financial institutions
                    to help address that issue. 
                  Ms. Flagg commented on the benefits as a result of the South Harbor Truck Parking
                  Work Group and noted that as a result of recommendations by that group, a fee free
                   interim truck parking facility was opened at Terminal 25 on July 1. 
                   Staff provided a side-by-side comparison of key points of Air Programs of both the Port
                  of Seattle and the San Pedro Bay Ports of Los Angeles and Long Beach. 
                  Regarding the At-Berth Clean (ABC) Fuels Vessel Incentive Program, Ms. Flagg noted
                    the there are currently 8 participating lines, and that the current participants represent
                  more than 35% of all calls made in 2008. It was estimated that approximately 20 tons of
                   sulfur oxides have been reduced as a result of this program. 


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                  Commissioner Creighton commented on the importance of addressing critical
                   environmental issues while at the same time recognizing social justice issues. 
                  Public comment regarding Item 7a was received from the following individuals: 
                    Paul Marvy, Change to Win. Mr. Marvy commented that he felt the details of the
                            plan had not been made public initially and are still not clarified. 
                      Jordan Royer, Pacific Merchant Shipping Association. Mr. Royer commented in
                          favor of the Port"s work as related to the Clean Air and ABC Programs 
                      Dan Gatchet. Mr. Gatchet spoke in favor of the "game plan" being developed by
                            the Port. He also commented that he believes the Port did not address the plights
                          of the independent owner/operators, but was not tasked to do so as the focus is
                            currently on clean air. 
                     Mark Johnson, Washington Retail Association. Mr. Johnson spoke in support of
                           the clean air program and said he was in favor of the fact that the program does
                         not impose new fees. 
                     Mark Knudsen, SSA Marine. Mr. Knudsen commented in favor of the program,
                           and noted that it is a science-based program. 
                      Peter Bennett, "K" Line America. Mr. Bennett also commented on the
                          importance of no fees being imposed and said the Port needs to stay with the
                        program. 
                     Heather Trim, People for Puget Sound. Ms. Trim stated that the Port has
                           presented only a portion of the plan and that there is a lack of stakeholder input. 
                  Following public comment, Commissioner Creighton asked whether or not the Port"s
                  agreement with Puget Sound Clean Air Agency was still being worked on. Ms. Flagg
                   clarified that the agreement had been fully executed. Commissioner Creighton stated that
                  because of the public importance of the issue, the documents should automatically be
                   made available to the public and they should be put on the Port"s website. He also noted
                   that copies should probably have been available at the meeting. Staff stated that they
                  would make that correction. 
                 Commissioner Hara commented on the importance of having benchmarks and timelines
                   for what will be happening with the clean air program. He also stated that he would like
                  to have an update in approximately 30 days. 
                  Commissioner Tarleton noted that 13 letters to the Commission had been received
                   regarding the Port"s Clean Air Strategy. Excerpts from several of the letters were read by
                 Commissioner Tarleton. The letters were received from the following: 
                       Letter dated August 24, 2009 and signed by a coalition of 28 trading
                         organizations, including Agriculture Transportation Coalition; American Apparel
                        and Footwear Association; American Import Shippers Association; American
                         Trucking Association; Coalition of New England Companies for Trade;
                         Consumer Electronics Association; Fashion Accessories Shippers Association;
                         Footwear Distributors and Retailers of America; Harbor Truckers Sustainable

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                        Future LA/LB; International Warehouse Logistics Association; NASSTRAC, In.;
                         National Association of Waterfront Employers; National Home Furnishings
                          Association; National Industrial Transportation League; National Pork Producers
                         Council; National Retail Federation; The Health & Personal Care Logistics
                         Conference, Inc.; The Waterfront Coalition; Pacific Coast Council of Customs
                         Brokers & Freight Forwarders Assns Inc.; Pacific Northwest Asia Shippers
                          Association; Retail Industry Leaders Association; Travel Goods Association; U.S.
                          Association of Importers of Textiles and Apparel; United States Council for
                         International Business; Washington State Potato Commission; West State
                        Alliance; Western Home Furnishings Association; and World Shipping Council 
                      Letter dated August 21, 2009 from Pacific Coast Council of Customs Brokers &
                          Freight Forwarders Assn, Inc. 
                      Letter dated August 18, 2009 from Agriculture Transportation Coalition 
                      Letter dated August 24, 2009 from John McLaurin, President, Pacific Merchant
                         Shipping Association 
                      Letter dated August 21, 2009 from Tracey Mullin, President/CEO, National Retail
                          Federation 
                      Letter dated August 19, 2009 from Kent Christopher, President, Intermodal
                        Conference, Washington Trucking Associations 
                      Letter dated August 20, 2009 from Robin Lanier, Executive Director, Waterfront
                          Coalition 
                     Letter dated August 25, 2009 from Mark Knudsen, VP, Business Development,
                      SSA Marine 
                      Letter dated August 22, 2009 from Peter D. Bennett, Vice President, Pacific Coast
                         Operations, "K" Line America, Inc. 
                      Letter dated August 21, 2009 from Patrick Cohn, General Manager, Pacific
                          Terminals, Ltd. 
                      Email dated August 20, 2009 in support of the Clean Air Program from Kent
                          Christopher, President, Western Ports Transportation, Inc. 
                      Letter dated August 24, 2009 from Kevin A. Coon, Safety Director, Seattle
                            Freight Service, Inc. 
                      Letter dated August 24, 2009 from John Odland, Chair, Manufacturing Industrial
                         Council 
                   The letters noted above are, by reference, made a part of these minutes, are collectively
                    marked as Exhibit "B," and are in file in Port offices. 
                  Commissioner Creighton commented that it might be good to invite the new head of the
                 Puget Sound Clean Air Agency come and testify before the Commission 

                  The agenda was returned to Division, Corporate and Commission Action Items as
                   follows: 


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                       6.   DIVISION, CORPORATE, AND COMMISSION ACTION ITEMS 
                       e.   (01:46:13)  Request for: 
                               1.  Authorization for the Chief Executive Officer to execute a revised
                          Customer Support Package / Port's Clean Air Program lease amendment
                            with Total Terminals, Inc. (TTI); and 
                               2.  Authorization for the Port to purchase energy efficient light fixtures and
                           related equipment for Terminal 46 for an amount not to exceed $680.000. 
                 Request documents: Commission agenda memorandum dated August 18, 2009 and draft
                 amendment from Michael Burke, Senior Manager, Container Leasing and Operations 
                   Presenter: Mr. Burke 
                  Mr. Burke stated that today"s request for a lease amendment would only affect TTI. He
                    also clarified that the portion of the request for the purchase of light fixtures was to
                  increase a previous authorization (April, 2009) from $600,000 to $680,000. The Port
                   would purchase the equipment and the terminal would be responsible for installing it. 
                  Commissioner Davis suggested modifying part two of the request to state that the April
                   14, 2009 authorization is being rescinded and replaced by an authorization for $680,000. 
                   In response to Commissioner Hara"s question as to whether this project qualifies for
                   stimulus funds, Mr. Burke stated that it would not. 
                  Public comment regarding Item 6e was received from the following individual: 
                     Janet Lewis, Union Representative, IBEW Local 46. Ms. Lewis spoke in support
                          of the energy efficient lighting upgrade, and also noted her concern on how the
                           project will be executed. She commented on the fact that since the terminal
                           operator would be responsible for installing the lighting, and hoped that the labor
                          would be subject to prevailing wage laws and public bid process. 
                  Motion for approval of Item 6e, with part one of the request as submitted, and part
                  2 of the request modified to state: Withdrawal of April 14, 2009 authorization of 
                  $600,000 to Seattle City Light and authorizing the Port to purchase energy efficient
                 light fixtures and related equipment for Terminal 46 for an amount not to exceed
                  $680,000. 
                 Second, as modified  Creighton 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 

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                  Commissioner Bryant was absent for the vote. 
                       f.   (02:02:26)  Authorization for the Chief Executive Officer to execute the Fourth
                   Amendment to Lease #L000131 with CityIce Cold Storage Company allowing
                     subleases and assignments subject to Port's prior written approval and
                     conditions of such approval. 
                 Request documents: Commission agenda memorandum dated July 7, 2009 and draft
                  lease amendment from Joan Knutson, Assistant Manager, Industrial Properties and Scott
                   Pattison, Manager, Industrial Properties 
                   Presenter: Ms. Knutson 
                  Responding to Commissioner Tarleton"s question of whether this lease amendment was
                   at the request of City Ice, Ms. Knutson replied that it was the Port who raised the issue. 
                 Motion for approval of Item 6f  Hara 
                 Second  Davis 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote. 
                      g.  (02:05:03) Authorization for the Chief Executive Officer to execute a design
                     consultant contract, complete design, and purchase and install computer
                    hardware and software for the Common Use Expansion Project at Seattle-
                     Tacoma International Airport (Airport), for $506,000 out of a total projected
                     program cost of $3,018,000. 
                 Request document: Commission agenda memorandum dated August 7, 2009 from
                  Michael Ehl, Director, Airport Operations; Peter Garlock, Chief Information Officer; and
                  Robert F. Riley, Director, Aviation Capital Improvement Program 
                   Presenters: Nick Harrison, Senior Manager, Airport Operations; Doug Honeyman,
                  Airport Operations Development Manager; and Janet Sheerer, Capital Project Manager 
                   Commissioner Tarleton raised the issue of a lack of free wi-fi at the Airport. Dave Soike,
                  Deputy Director, Aviation Division, responded that Jim Schone, Business Development
                   Director, has been working on it. 
                  Commissioner Davis pointed out that the amount of sales tax related to the Common Use
                  Expansion Project would be approximately $210,000 and also noted that in the previous
                   authorization regarding the energy efficient lighting, the sales tax would be
                  approximately $60,000. 

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                 Motion for approval of Item 6g  Davis 
                Second  Hara 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote. 
                  Staff briefing Item 7b was advanced on the agenda as follows: 
                       7.   STAFF BRIEFINGS 
                     b.  (02:19:25) Update on the Consolidated Rental Car Facility Program 
                  Presentation documents: Commission agenda memorandum dated August 14, 2009;
                   attachment; and slide presentation from Michael Ehl, Director, Airport Operations;
                 George England, Program Leader, Project Management Group and Janice Zahn,
                  Assistant Director, Engineering Construction Services 
                   Presenters: Mr. England and Ms. Zahn 
                   Ms. Zahn noted that work was going well at the facility and that there are 160-180
                   workers on site on a daily basis. She reviewed a chart which reflected a status summary
                   of the contract as well as information on suspension-related change orders that had been
                   processed up to this point.
                  Responding to a question from Commissioner Davis regarding what costs are being
                   driven up as a result of the change orders, Ms. Zahn stated depending on the case, it could
                   be an increase to a cost of labor or possible extended overhead costs. 
                  The agenda was returned to Division, Corporate and Commission Action Items as
                   follows: 
                       6.   DIVISION, CORPORATE, AND COMMISSION ACTION ITEMS 
                     h.  (00:05:20) Authorization for the Chief Executive Officer to issue Change Order
                    #077 for the Consolidated Rental Car Facility (CRFC) in the amount of
                     $400,000. 
                 Request document: Commission agenda memorandum dated August 20, 2009 from 
                 Ralph Graves, Managing Director, Capital Development Division 


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                   Presenters: Janice Zahn, Assistant Director, Engineering Construction Services and
                 George England, Program Leader, Project Management 
                  Ms. Zahn provided background of the current request for approval of a change order at
                   the CRCF, stating that it was related to unsuitable soil which was found at the site which
                   needs to be excavated out and replaced with suitable backfill. She noted that some of the
                   soil had debris in it or was sandy, and therefore was found to be unsuitable for use at the
                    construction site. Ms. Zahn noted that the change order amount was within the current
                   construction contingency budget and that no additional project funds are being requested. 
                  Mr. England provided further update information on the CRCF project, specifically
                    related to design progress. 
                  Commissioner Tarleton asked about the number of change orders and what the most
                  effective way might be of keeping track of those approved, those coming forward, and
                   whether or not they are a part of the budget. Ms. Zahn responded that staff would work
                  with Mary Gin Kennedy and Tom Barnard of the Commission staff in order to create a
                  method by which the change order information could be maintained. 
                 Motion for approval of Item 6h  Hara 
                 Second  Creighton 
                  Motion carried by the following vote: 
                 In Favor: Creighton, Davis, Hara, Tarleton (4) 
                  Commissioner Bryant was absent for the vote. 
                       8.   NEW BUSINESS 
                  Public comment regarding Nickelsville was received from the following individual: 
                      Amy Thompson, who thanked staff for their commitment to setting the final date
                          as September 30 for the Nickelsville encampment to remain at their current
                           location on Port property. 
                  Dave Soike, Deputy Director, Aviation Division provided a verbal pre-brief of two
                  Aviation action items which would be coming forward to the Commission for
                    authorization in the near future. He noted that one item would be related to exhaust fans
                   in the Central Terminal, and a request for Port Construction Services to do the necessary
                   related work on the fans. The other would be an IDIQ contract request for hydrological
                    and hydrolic services at the Airport, noting that is essentially a study of water as it moves
                   through the earth, either through surface streams, ground water or piping. 
                       9.   POLICY ROUNDTABLES 

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                 None. 
            10. ADJOURNMENT 
                  The regular meeting was then reconvened and immediately adjourned at 3:50 p.m. 
                   (A digital recording of the meeting is available on the Port"s website.) 

                 Lloyd Hara 
                   Secretary 














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