Commission Meeting Portal

Regular Meeting on Sep 01, 2009 1:00PM

Minutes for the Port Of Seattle Commission meeting, held on Sep 01, 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                              206.787.3000 

             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 SEPTEMBER 1, 2009 
            The Port of Seattle Commission met in a regular meeting at 1:00 p.m., Tuesday, 
            September 1, 2009 in the Commission Chambers at Pier 69, 2711 Alaskan Way, Seattle,
        WA. Commissioners Creighton, Davis, Hara and Tarleton were present. Commissioner
            Bryant was absent. 
               1.     CALL TO ORDER 
            The regular meeting was called to order at 1:05 p.m. by Gael Tarleton, Vice-Chair and
            Vice-President. 
               2.     EXECUTIVE SESSION pursuant to RCW 42.30.110 
           None. 
           PLEDGE OF ALLEGIANCE 
               3.     APPROVAL OF MINUTES 
            (00:01:07) Motion for approv al of the minutes of the July 28 regular meeting - 
           Creighton 
           Second  Hara 
           In Favor: Creighton, Davis, Hara, Tarleton (4) 
            Commissioner Bryant was absent for the vote 

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               4.    SPECIAL ORDER OF BUSINESS 
           None. 
               5.    UNANIMOUS CONSENT CALENDAR 
            It was noted that Item 5a would be removed from the unanimous consent calendar for
             discussion and a separate vote. 
              b.  (00:01:46) Authorization for the Chief Executive Officer to execute a contract
            for the Real Estate Division to enter into a solicitation process to hire a third-party
           manager for the World Trade Center West Building. 
           Request document: Commission agenda memorandum dated August 14, 2009 from
            Melinda Miller, Director, Real Estate Portfolio and Pat Spangler, Real Estate Manager 
           Motion for approval of Item 5b  Davis 
           Second  Creighton 
            Motion carried by the following vote: 
           In Favor: Creighton, Davis, Hara, Tarleton (4) 
            Commissioner Bryant was absent for the vote 
               a.   (00:03:06) Authorization for the Chief Executive Officer to enter into an
            Indefinite Delivery, Indefinite Quantity (IDIQ) Professional Service Agreement for
            hydrologic and hydraulic services to be used to support Aviation, Seaport, Real
           Estate and Capital Development Divisions' Service Directives. The IDIQ contract
            term will be for three years and will not exceed $750,000. 
           Request document: Commission agenda memorandum dated July 28, 2009 from
            Elizabeth Leavitt, Director, Aviation Environmental Programs 
            Available for questions: Bob Duffner, Environmental Program Supervisor, Aviation 
            Commissioner Hara asked whether the proposed IDIQ contract could be divided up into
            smaller contracts and also whether the Office of Social Responsibility had been contacted
              in this regard. 
            Mr. Duffner responded that small business opportunities had been identified and
            analyzed, and it was decided that there were some small business opportunities available
             within the contract. However, because it is an IDIQ contract, it was determined that it

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             would be best to put small business opportunities into the contract as a goal for the
            contractor, and that within the procurement, the contractor identify a minimum of two
             small businesses to be subcontracted for the final contract with a certain amount of work
             as a goal to be completed by those businesses. 
            Commissioner Hara stated his appreciation for the goal noted by Mr. Duffner, but
            commented on his concern of not having more assurance that it would in fact happen.
            Mr. Duffner agreed that staff would talk further with CPO and OSR to see how that
            might be implemented. 
            Ralph Graves, Managing Director, Capital Development Division, clarified that there was
            nothing within the contract advertisement which precluded a small business from bidding
               on it. He also addressed the issue of having a goal versus a firm requirement, stating that
             it was due to the indefinite nature of the work. 
            Commissioner Tarleton concurred with Commissioner Hara"s sentiment that there should
            be equal access and awareness of the opportunities to bid on these various components of 
             contracts. 
             Mr. Graves reiterated that each contractor that bids on this contract will need to provide
             within its proposed team at least two small businesses. 
            Motion for approval of Item 5a, with the caveat that staff return to report on the
            final outcome of the bids that are received  Creighton 
          Second: Davis 
            Motion carried by the following vote: 
           In Favor: Creighton, Davis, Tarleton (3) 
          Opposed: Hara (1) 
            Commissioner Bryant was absent for the vote. 
            Item 7a was advanced on the agenda as follows: 
               7.   STAFF BRIEFINGS 
               a.  (00:04:51) Organized Labor Briefing 
            Presentation documents: Commission agenda memorandum dated August 18, 2009,
            attachment, and computer slide presentation from Gary Schmitt, Labor Relations Director 
             Presenter: Mr. Schmitt 

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             Mr. Schmitt provided a brief historical overview of some of the labor unions at the Port
             of Seattle, including the Longshoremen, which originated in the late 19th century and
            Teamsters Local 174, who is celebrating their centennial this month. He noted the
             importance of recognizing the length of time the Port has been in partnership with Labor. 
            Mr. Schmitt stated that roughly 50% of the employees at the Port are unionized and are
            represented by sixteen labor unions, and commented that job classifications with the
            highest union representation are the maintenance departments at both the Airport and
             Seaport as well as Police personnel. The largest unions at the Port include the
            International Brotherhood of Teamsters, The International Longshoremen Workers
            Union, and the International Brotherhood of Electrical Workers. 
            Mr. Schmitt also noted the fact that Port tenants and customers have unionized
            workforces at both the Seaport and Airport. At the Airport these jobs are primarily
             airline, concession and construction positions while at the Seaport they are primarily
             transportation jobs, such as dock workers and rail workers. Some of the projects
            employing union workers include the Consolidated Rental Car Facility, Runway 16L
            Reconstruction, Third Runway Construction, and the Terminal 91 Cruise Ship Terminal. 
            Commissioner Davis commented on the importance of partnership with Labor, especially
            since there is currently such an intensely competitive environment among the west coast
              ports. 
            Commissioner Tarleton commented on the important relationship of the item and its
             relationship to Labor Day. 
               6.   DIVISION, CORPORATE AND COMMISSION ACTION ITEMS 
               a.  (00:29:29) Request for Port Commission to adopt a motion honoring Labor
              Day. 
           Request documents: Commission agenda memorandum dated August 18, 2009 from
           Mary Gin Kennedy, Director, Commission Services and proposed motion 
             Presenter: Ms. Kennedy 
            Ms. Kennedy provided information on the motion honoring Labor Day, and honoring the
            hard work of men and women who are at the Port and in Port-related industries, both
            unionized and non-represented. She acknowledged the belt-tightening that everyone who
            works at the Port had done in response to the economic situation, and recognized the
             sacrifice of doing so. 
           Commissioner Hara read into the record the motion as follows: 
            "The Port Commission of the Port of Seattle hereby acknowledges the essential role
           of working men and women employed at the Port or in Port-related industries and

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           congratulates them on the occasion of Labor Day 2009. It is through their hard
            work that the Port of Seattle has grown and thrived. It will be the workers at the
            Port and at all of our Port partners who will help our region and State through this
            recession and into economic recovery." 
           Commissioner acknowledged members of unions in attendance and expressed his
            appreciation for them coming to the meeting. 
           Second - Creighton 
            Motion carried by the following vote: 
           In Favor: Creighton, Davis, Hara, Tarleton (4) 
            Commissioner Bryant was absent for the vote.
              b.  (00:36:29) Request for the Port Commission to adopt a motion re -affirming
             commitment to non-discrimination and equal opportunity. 
           Request documents: Commission agenda memorandum dated August 21, 2009 from
           Mary Gin Kennedy, Director, Commission Services and proposed motion 
             Presenter: Ms. Kennedy 
            Ms. Kennedy commented on the Port"s commitment to the fundamental principles of
             non-discrimination and equal opportunity, noting that the policies apply to the Port"s
            employees, customers, consultants, contractors and vendors. She stated that since it has
             been some time since the policies were reviewed, it seemed appropriate at this time to
             request that these policies be refreshed and looked at in the scope of applicable state and
             federal laws.
            Commissioner Creighton noted that the motion to be proposed came out of a request from
            a member of the local Muslim community regarding training in the Port Police
           Department. He emphasized his belief that the new Police Chief has really brought focus
            and an orientation toward the community back to the Police Department. He stated that
            the department"s training course had been reviewed, and alternative training had been
            found. 
           Motion for approval of Item 6b  Davis 
            The motion was read into the record by Commissioner Davis as follows: 
           The Port Commission endorses the Port's long-standing policies of non-
           discrimination and equal opportunity. The rights guaranteed by these policies shall
            be afforded to our workforce, customers, consultants, contractors and vendors. The
            Port shall strive for the ideal of being a workplace free of discrimination, bias and

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            hate; respectful of different beliefs, cultures and points of view; and based on the
            principle of equal opportunity. The Port Commission hereby directs the Chief
           Executive Officer to review the current non-discrimination and equal opportunity
           policies to determine if they are up-to-date and to recommend any appropriate
            changes to the Port Commission in compliance with all applicable federal and state
            equal opportunity laws and regulations. 
          Second: Commissioner Hara offered a second to the motion as well as a friendly
           amendment to the language, which was accepted by Commissioner Davis 
            Vote to amend the motion carried by the following vote: 
           In Favor: Creighton, Davis, Hara, Tarleton (4) 
            Commissioner Bryant was absent for the vote 
            Vote on motion, as amended carried by the following vote: 
           In Favor: Creighton, Davis, Hara, Tarleton (4) 
            Commissioner Bryant was absent for the vote 
                c.  (00:44:07) Authorization for the Chief Executive Officer to approve the use of
              Port crews for the major modification of the South Central Terminal Grease
              Duct System where the estimated cost is $325,000. No additional funding is
              requested. The project budget of $511,000 will not change. 
           Request documents: Commission agenda memorandum dated August 25, 2009 from
            Ralph Graves, Director, Capital Development Division; Dwight Rives, General Manager,
            Port Construction Services; and Bob Riley, Director, Aviation Capital Improvement
           Program 
             Presenter: Mr. Riley 
             Mr. Riley stated that this request is to change the method by which repairs to the grease
            duct system would be made, and reiterated that there would be no change to the budget.
             It noted that it was a request for Port Construction Services to perform the repair work. 
            Motion for approval of Item 6c  Davis 
           Second  Hara 
            Motion carried by the following vote: 
           In Favor: Creighton, Davis, Hara, Tarleton (4) 

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            Commissioner Bryant was absent for the vote 
               7.   STAFF BRIEFINGS 
              b.  (00:49:01) Briefing on the Annual Review and Proposed Changes to Resolut ion
              No. 3605, as amended. 
            Presentation documents: Commission agenda memorandum dated August 20, 2009,
            computer slide presentation from Tom Barnard, Research and Policy Analyst and Ralph
            Graves, Managing Director, Capital Development Division. Also provided was a copy of
            Resolution No. 3605, as amended. 
             Presenters: Mr. Barnard and Mr. Graves 
             Mr. Graves noted that at the adoption of Resolution 3605, staff agreed to return to
            Commission within 12-18 months with a review of the Resolution. He noted that the
             briefing today would be to begin a discussion of possible revisions to the Resolution, and
            hoped to have any revisions incorporated by sometime in October. 
            Mr. Barnard provided background on Resolution 3605, noting that it provides improved
            oversight of the Port"s capital construction programs and also clarifies when and how
            staff must gain Commission approval of Port projects. In order to ensure the Resolution
            was understood and implemented, he commented on training provided to departmental
            working groups, the formation of a group who could answer questions involving
            implementation, and the creation of a web page on the Port"s Compass page which
            included "Frequently Asked Questions" (FAQ). 
            Mr. Graves reviewed several areas within the Resolution which staff anticipates revising
            following further discussion and input from the Commission. Mr. Barnard mentioned
             areas in which language only might be changed in order to provide further clarifications. 
            Sections of the Resolution proposed to have revisions included the amount of authority
            given to the CEO to procure "Goods and Services," approval of maintenance work, and
            approval of Small Works Construction contracts. 
             Commissioner Creighton raised the thought that clarification as to what constitutes an
            "engineer"s estimate" be incorporated into the revisions. Staff agreed with Commissioner
            Creighton"s suggestion. 
            Commissioner Davis suggested that it might be helpful for Lindsay Pulsifer (General
            Manager, Seaport Maintenance) to attend the meeting for First Reading of the Resolution
            in order to answer any questions regarding possible impacts to the Maintenance
            Department. 
            Mr. Barnard stated that staff would hope to receive feedback on proposed revisions to
            Resolution 3605 from Commission, staff and the Executive team after which final edits

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           would be made. At time, staff would return to Commission (anticipated date of
             September 17, 2009) for First Reading and introduction of any final edits. Staff would
            then return to Commission sometime in October for Second Reading and Final Passage. 
            Commissioner Davis requested that if there are suggested revisions prior to First Reading
            they be circulated to the Commission so they have a chance for review in advance. 
            Mr. Barnard confirmed that the Resolution would be posted for public comment for a
            period of at least 30 days between First and Second Readings. 
            On a separate issue, Commissioner Hara stressed the need for timeliness of payments to
             Port contractors. Staff responded that this issue was being addressed; that it can be
            related to final completion of documentation of work done, and that good progress is
            being made. 
           Commissioner Tarleton commented on the importance of the current Commission
             completing the revisions to the Resolution for next year as it would be difficult for any
            amount of familiarity with the issues to be taken on by a new Commission. 
                c.  (01:51:07) Capital Improvement Projects Report for the Second Quarter 2009 
            Presentation documents: Commission agenda memorandum dated August 24, 2009;
            computer slide presentation; and report from Ralph Graves, Managing Director, Capital
           Development Division. 
             Presenter: Mr. Graves 
            Mr. Graves noted that the Second Quarter Report had been provided to the Commission
            and the public and was also posted on the website. He stated that there are 85 total
             projects in the report, 42 of which are within or ahead of target schedule and budget, 41
             of which have either their target schedule or budget off, and 2 projects that have both
            schedule and budget off. He reviewed the overall status of the Aviation division projects
             as well as reported on projects with variances. He then reported on project status and
             variances for the Seaport, Real Estate and Corporate divisions. 
               8.   NEW BUSINESS 
            (02:05:12) Commissioner Tarleton stated that the New Business portion of the agenda
            would be to allow public comment from Nickelsville residents. Prior to public comment,
            Mike Merritt, Manager, Local Government Relations, provided background information
            of Nickelsville and their recent move to and encampment on Port property at Terminal
           107. He acknowledged the unfortunate death of one of the Nickelsville residents over the
            past weekend, noting that the cause of death was unknown at this time, but that an
            investigation was being conducted. 


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             Mr. Merritt stated that after discussions between the Port and State legislator as well as
            city and county official regarding use of Port"s property for homeless individuals, CEO
             Yoshitani made the decision to order a notice of trespass, effective September 30, 2009. 
            Public comment was then received from the following individuals: 
               Leslie Peterson, resident of Highland Park. Ms. Peterson stated that she is a
                 Nickelsville supporter and would like to see them accomplish their goals. Ms.
                 Peterson asked that Commissioners visit Nickelsville and also continue to work
                  with Nickelsville toward meeting their goals. 
                Beatrice Friber, one of the founders of Nickelsville and former resident of Tent
                 City #3. Ms. Friber commented on the need for more safe housing for the
                homeless of King County. She asked for further practice of compassion, justice
                 and common sense and asked that the Port keep working with Nickelsville to find
                   a solution. 
               John Christenson. Mr. Christensen stated that he had moved to Seattle from
                 Montana, feels safe at Nickelsville, and is disappointed in the Commission"s
                  response. 
               Richard Blake. Mr. Blake noted his support of Nickelsville and commented that
                  the goal was to find a permanent location for the group. 
                Steven LaForge stated his belief that Nickelsville is an innovation in trying to
                 handle poverty and homelessness, and that a location is being sought for possibly
                  1,000 people to live in. He also invited the Commissioners to visit Nickelsville. 
               Cat Glasspoole, Nickelsville resident. Ms. Glasspoole commented that she feels it
                   is a safe place for her and needs time to find a stable place. 
               Brigid Hagan, Nickelsville supporter, who commented on the need for people to
                  stay until the can find their own permanent housing. 
               Estela Ortega, Executive Director, El Centro de la Reza, who commented that tent
                  cities and Nickelsvilles are changing people"s lives and noted that she would like
                 to see an additional 2 months for the Nickelsville encampment to remain. 
               Sylvia Rubio, Lead Case Manager of Homeless Assistance Program at El Centro
                 de la Reza, who asked that the Commission keep an open mind about Nickelsville
                 and allow them to stay beyond the current September 30 deadline. 
               Enrique Gonzales, El Centro de la Reza. Mr. Gonzales asked for a brief moment
                  of silence in honor of the Nickelsville resident who died there over the past
               weekend. Mr. Gonzales asked that the Port look at this as an opportunity to
                 partner with an organization and with the community to help these people make
                    the best of their lives. 
               George L. Storm, friend of Nickelsville. Mr. Storm stated that he would like to
                  find a way to figure out a 2-year solution to the Nickelsville situation, and spoke
                 about discrimination which occurs at an economic level. 
              Janice Connelly, member of WHEEL and Women in Black, a group who stands
                 for people who die outside or by violence. She stated that Nickelsville offers
                  safety, structure and stability and asked that the Port extend the period for
                  Nickelsville to remain on Port property. 

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                Julian Matty, resident at Nickelsville who stated that Nickelsville is a safe place
                  and there is nowhere else to go. 
               A letter to the Commissioners dated September 1, 2009 signed by
                 residents/supporters of Nickelsville was provided. 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. 
               Written comments from the following individuals were received: Angelina
                 Bailey; Terry Bailey; Crystal Cheairs; Marisa Laufer; Pamela Kliment; Dave
                McCracken; Douglas Risedorf; and Karen Morris. Copies of the written
                 comments are, by reference made a part of these minutes; are collectively marked
                   Exhibit "B," and are on file in Port offices. 
            Commissioner Davis expressed her appreciation on the respectful way in which those
            who presented gave their comments. She stated that the Commission has also previously
            heard comments from people who had serious concerns about Nickelsville. She noted
             that the Port has to obey the law no matter what and she reiterated that Mr. Yoshitani"s
            decision to allow 30 additional days for the encampment stay would remain as a final
            decision, but she hoped that a more permanent solution would be found. She noted 4
            laws that she finds herself unable to wish the Commission to break, those being the
            Shoreline Management Act; statues which disallow the "Nickelsville" type of use on
             public property; the city ordinance which doesn"t allow housing on particular properties
             in Seattle; and the State Audit Office"s finding prohibiting the Port from giving any kind
            of charity or public funds for things outside of trade and economic development.
            Commissioner Tarleton noted her agreement that we do need more creativity and
             innovation to help solve these very difficult problems. 
            Commissioner Creighton agreed on the importance of working to find a more permanent
             solution. 
            Commissioner Hara stated that it is important that the Port Commission work actively
            with those who have the legal authority to proceed with the homeless issue.
               9.   POLICY ROUNDTABLE 
           None. 
        10. ADJOURNMENT 
            There being no further business, the meeting was adjourned at 4:00 p.m. 
             (A digital recording of the meeting is available on the Port"s website.) 

           Lloyd Hara 
            Secretary 

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