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Regular Meeting on Dec 12, 2017 1:00pm

Minutes for the Port Of Seattle Commission meeting, held on Dec 12, 2017 1:00pm

                                                                              P.O. Box 1209 
                                                                Seattle, Washington 98111 
                                                                   www.portseattle.org 
                                                                      206.787.3000 
                                         APPROVED MINUTES 
                             COMMISSION REGULAR MEETING DECEMBER 12, 2017 
                    The Port of Seattle Commission met in a regular meeting Tuesday, December 12, 2017, at Port of
                     Seattle  Headquarters,  Commission  Chambers,  2711  Alaskan  Way,  Seattle,  Washington. 
                   Commissioners Albro, Bowman, Creighton, and Felleman were present. Commissioner Gregoire 
                    was present from 1:16 p.m. to 1:32 p.m. 
                       1.    CALL TO ORDER 
                    The meeting was called to order at 12:01 p.m. by Commission President Tom Albro. 
                       2.    EXECUTIVE SESSION pursuant to RCW 42.30.110 
                    The public meeting was immediately recessed to an executive session estimated to last 60 minutes
                      to discuss one matter relating to performance of public employee(s) and one matter relating to
                      qualifications for public employment. Following the executive session, which lasted approximately
                    65 minutes, the public meeting reconvened at 1:16 p.m. Commissioner Albro led the flag salute. 
                       3.    SPECIAL ORDERS OF BUSINESS 
                      3a.  December 12, 2017, Executive Director Report. 
                Dave Soike, Interim  Executive Director, previewed several items on the day's agenda and
                commented on the status of conditions at the airport's cell-phone waiting lot and mid-term
                     improvements planned to address airport traffic congestion. 
                       4.    UNANIMOUS CONSENT CALENDAR 
                    [Clerk's Note: Items on the Unanimous Consent Calendar are notindividually discussed, although
                    commissioners may remove items from the Consent Calendar for separate discussion and vote.] 
                      4a.  Approval of the minutes of the regular meetings of July 25 and August 8, 2017. 
                     4b.  Approval of claims and obligations for the period of November 1, 2017-November 30,
                       2017,  including  accounts  payable  check  nos.  920485-021171  in  the  amount  of
                        $6,485,835.28;  accounts  payable  ACH  nos.  003624-004435  in  the  amount  of
                        $52,322,219.05; accounts payable wire transfer nos. 014773-014790 in the amount of
                        $7,293,883.27, payroll check nos. 187935-188286 in the amount of $267,328.95; and
                        payroll ACH nos. 830347-834328 in the amount of $9,324,275.18 for a fund total of
                        $75,693,541.73. 

                               Digital recordings of the meeting proceedings and meeting materials are available online  www.portseattle.org.

              PORT COMMISSION MEETING MINUTES                             Page 2 of 7 
                TUESDAY, DECEMBER 12, 2017 
                      4c.  Authorization for the Executive Director to execute contracts with community service
                        organizations, for a total combined value of $550,000, over the next three years, to
                     implement the Airport Community Ecology Fund Small Matching Grants Program
                       subject to the project funding criteria contained in the agenda memorandum. Each
                       contract  is  solicited  under  RCW  35.21.278,  contracts  with  community  service
                       organizations for public improvements. 
                  Request document(s) included an agenda memorandum. 
                     4d.  Authorization  for  the  Executive  Director  to  (1)  proceed  with  construction  and
                        installation of automated screening lanes at security checkpoints 2, 3, and 5 at Seattle-
                        Tacoma International Airport; and (2) use Port crews for construction efforts. The total
                        estimated cost of this project is $17,000,000 (CIP #C800920). 
                   Request document(s) included an agenda memorandum and presentation slides. 
                      4e.  Authorization for the Executive Director to (1) proceed with the PeopleSoft Financials
                    Upgrade project; (2) procure hardware, software, and consulting services; and (3) use
                       Port staff for implementation, for a total project cost not to exceed $3,600,000 (CIP
                       #C800909). 
                  Request document(s) included an agenda memorandum. 
                       4f.   Authorization for the Executive Director to execute two consulting contracts, one with
                    an amount not to exceed $1,400,000 and one with an amount not to exceed $500,000,
                         for financial consulting services for up to three years with three one-year options, for a
                         total of up to six years and $1,900,000. 
                  Request document(s) included an agenda memorandum. 
                     4g.  Authorization for the Executive Director to execute up to two indefinite delivery,
                        indefinite quantity contracts for buildings and structures architectural and engineering
                        services, one for $700,000 with a small business subcontracting goal, and one for
                      $300,000 as a small business set-aside, with a contract ordering period of five years
                        (365 days with four one-year options). There is no funding associated with this request. 
                  Request document(s) included an agenda memorandum. 
                     4h.  Authorization for the Executive Director to amend and increase the not-to-exceed
                      amount of the Puget Sound Energy Engineering Services and Construction Agreement
                         required for the Alternative Utility Facility from $250,000 to $850,000 (CIP #C800538). 
                  Request document(s) included an agenda memorandum. 
                       4i.   Approval of the 2018  2022 Long Range Plan. 
                   Request document(s) included an agenda memorandum, presentation slides, and plan document. 

                       Minutes of December 12, 2017, submitted for review on May 23, 2018, and proposed for approval on June 12, 2018.

              PORT COMMISSION MEETING MINUTES                             Page 3 of 7 
                TUESDAY, DECEMBER 12, 2017 
                       4j.   Authorization for the Chief Executive Officer to execute a new collective bargaining
                       agreement between the Port of Seattle and the International Brotherhood of Teamsters,
                      Local 117, representing Sergeants at the Port of Seattle covering the period from
                       January 1, 2018, through December 31, 2018. 
                   Request document(s) included an agenda memorandum and draft agreement. 
                      4k.  Authorization for the Chief Executive Officer to execute a new collective bargaining
                       agreement between the Port of Seattle and the International Brotherhood of Teamsters,
                      Local 117, representing Officers at the Port of Seattle covering the period from
                       January 1, 2018, through December 31, 2018. 
                   Request document(s) included an agenda memorandum and draft agreement. 
                    The motion for approval of consent items 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j, and 4k carried
                    by the following vote: 
                   In favor: Albro, Bowman, Creighton, Felleman (4) 
                   Absent for the vote: Gregoire 
                       5.    PUBLIC TESTIMONY 
                     Public comment was received from the following individual(s): 
                             Meg Van Wyk, Burien resident, regarding the airport cell phone lot. 
                             Rick Harwood, SeaTac Neighborhood Action Council, regarding the interlocal agreement 
                                with the City of SeaTac. 
                             Helena Benedict, Tenants Union of Washington, regarding the interlocal agreement with
                               the City of SeaTac. Ms. Benedict submitted written materials, which are included here as
                               minutes Exhibit A. 
                The following individuals commented regarding transportation network companies (rideshares) at
                       the airport: 
                             Sharmarke Goodir, Seattle resident 
                             Julie Davis, Seattle resident 
                             Abdi Shire, Seattle resident 
                             Mustafe Abdi, Seattle resident 
                             James Lockhart, Everett resident 
                             Michael Wolfe, Seattle resident 
                             Colleen Gruber, Lyft 
                             Jacqui Morris, Uber 
                             Dawn Gearhart, Teamsters 117 
                             Suldan A. Mohamed, taxi operator 


                       Minutes of December 12, 2017, submitted for review on May 23, 2018, and proposed for approval on June 12, 2018.

              PORT COMMISSION MEETING MINUTES                             Page 4 of 7 
                TUESDAY, DECEMBER 12, 2017 
                       6.    DIVISION, CORPORATE, AND COMMISSION ACTION ITEMS 
                   Agenda item 6a was removed from the agenda prior to publication, and the Commission advanced
                      to consideration of  
                     6b.  Second Reading and Final Passage of Resolution No. 3741: A  resolution of the Port
                   Commission of the Port of Seattle authorizing the Executive Director to execute an
                          interlocal agreement with the City of SeaTac to establish a mutual and cooperative
                    system for exercising their respective jurisdictional authority regarding land use,
                      surface water management, interagency cooperation, economic development, and
                          public safety. 
                 Request document(s) included an agenda memorandum, draft resolution, proposed agreement,
                and errata sheet. A copy of the final draft of Resolution No. 3741 will be made available upon
                     adoption. 
                     Presenter(s): Lance Lyttle, Managing Director, Aviation, and Katie Halse, Local Government
                   Relations Manager. 
                    Previously, First Reading of Resolution No. 3741 was approved on November 28, 2017. 
              AMENDMENT 
                 Ms. Halse described a series of amendments to the draft interlocal agreement since first reading
                on November 28 documented in the form of an errata sheet, which was adopted by the
                    commission without objection. The changes due to minor errors or omissions are also incorporated
                     into the version of the agreement the city is expected to adopt later today. 
                 Commissioner Albro commented on his concerns raised on November 28 regarding non-airport
                     funding of community relief inuring to the City of SeaTac and noted his intention to vote against the
                      resolution on this basis. 
                   The motion for adoption of Resolution No. 3741, as amended, carried by the following vote: 
                   In favor: Bowman, Creighton, Felleman (3) 
                   Opposed: Albro (1) 
                   Absent for the vote: Gregoire 
                    Without objection, the commission advanced to consideration of  
                     6d.  Authorization for the Executive Director to accept a Washington State Department of
                  Commerce grant for a maximum of $317,000, and develop, advertise, and execute a
                       Public Works Building Engineering Systems Contract for the Pier 69 Solar Energy
                         Project, with an estimated total project cost of $515,000 (CIP #C800888). 
                   Request document(s) included an agenda memorandum and presentation slides. 
                    Presenter(s): Catherine Chu, Capital Project Manager, Seaport Project Management, and Terrance
                   Darby, Senior Environmental Management Specialist. 

                       Minutes of December 12, 2017, submitted for review on May 23, 2018, and proposed for approval on June 12, 2018.

              PORT COMMISSION MEETING MINUTES                             Page 5 of 7 
                TUESDAY, DECEMBER 12, 2017 
                The energy efficiency and environmental benefits of the project were summarized, as was the
                     project delivery methodology. 
                   The motion for approval of agenda item 6d carried by the following vote: 
                   In favor: Albro, Bowman, Creighton, Felleman (4) 
                   Absent for the vote: Gregoire 
                    The commission returned to consideration of  
                      6c.  Proposed Amendments to Commission Bylaws as  approved on First Reading on
                   December 5, 2017  no vote on Second Reading proposed on December 12, 2017. [no
                           final action] 
                 Request document(s) included a draft resolution, amendments, and appendix. A copy of the final
                     draft of Resolution No. 3742 will be made available upon adoption. 
                     Presenter(s): Paul J. White, Commission Clerk, and Mike Merritt, Commission Chief of Staff. 
                    Previously, First Reading of Resolution No. 3742 was approved on December 5, 2017. 
                    Mr. White presented the key concepts that informed development of the new proposed bylaws text.
                      Potential refinements to the current draft covered the following topics: 
                             language changes to the object statement 
                          prescribed actions for the commission's unanimous consent calendar 
                             technical aspects of the 24-hour meeting notice requirement 
                             audio recording of executive sessions 
                             referral of policy directives and governance changes to committee 
                             length of public comment during public meetings 
                             deadlines for filing amendments and votes required for passage of amendments 
                             language regarding ethical standards of conduct 
                             the role of the commission president as the commission's spokesperson 
                 Commissioners commented on the need for definition of certain terms and whether processes
                    described in the new proposed text were too prescriptive. Commissioners discussed whether Audit
                 Committee membership should be required of all commissioners during their tenure. They also
                   commented on options to ensure appropriate public engagement via holding commission meetings
                       in other locations around King County. New proposals for language improvements and content
                 changes were proposed for refinement and possible incorporation in the text as amendments on
                    second reading. 
                    No final action was taken on Resolution No. 3742 or potential amendments presented at this time. 
                       7.    STAFF BRIEFINGS 
                      7a.  Amendment Review for Diversity in Contracting Policy Directive. 

                       Minutes of December 12, 2017, submitted for review on May 23, 2018, and proposed for approval on June 12, 2018.

              PORT COMMISSION MEETING MINUTES                             Page 6 of 7 
                TUESDAY, DECEMBER 12, 2017 
                   Presentation document(s) included an agenda memorandum and presentation slides. 
                     Presenter(s): Aaron Pritchard, Commission Issues and Policy Manager; Simranpreet Lamba, Port
                    of Seattle Economic Development Analyst, Office of Strategic Initiatives; Bob Armstead, Armstead
                   and Associates, Board of Directors on National Association of Minority Contractors (NAMC), and 
                    President, NAMC Washington State Chapter; Dave Freiboth, Director, Port of Seattle Labor
                    Relations; and Teresa Delicino, Port of Seattle Small Business Development Director. 
                     Previously, Resolution No. 3737, proposing the Diversity in Contracting Policy Directive, was
                  approved for first reading on December 5, 2017. Presentations on this topic were provided on
                   November 28 and October 24, 2017. 
                  Commissioners discussed disaggregation of data on contractor race and ethnicity, including a
                     summary of federal race categories. It was explained that the utilization numbers provided categorize 
                   businesses owned by women who are also a racial minority only once in the appropriate racial
                       category. It was reported that there is no current diversity-in-contracting goal for participants in the 
                    Small Contractors and Suppliers (SCS) program, which has its own goals under the Century Agenda. 
                  Commissioners considered factors affecting reliance on state and federal certification of womenand
                     minority-owned businesses as opposed to self-identification of firms, including the certification
                   requirement that businesses be owned, operated, and controlled by U.S. citizens. It was reported
                     that along with accepting self-identified minority- and women-owned businesses, the City of Seattle
                    program has chosen not to limit participation based on a firm's size. The port's proposed program
                     would additionally consider the number of firms contracted. 
                 Commissioners also considered the dynamics of contractor diversity in the context of port project
                    labor agreements. Elements of project labor agreements considered problematic for women- and
                   minority-owned  businesses  include  mandatory  benefit  language  and  payment  structures.
                   Commissioners commented on the opportunity to incorporate compromise provisions for labor and
                    small business as standard project labor agreement language is developed. 
                       8.    ADDITIONAL NEW BUSINESS 
                    Commissioner Felleman introduced the following motion, which was not included previously in the
                     meeting materials for the day and is attached in its adopted form as minutes Exhibit B: 
                     Motion of the Port of Seattle Commission summarizing the process for identifying
                        qualified candidates for executive director of the Port of Seattle and directing the final
                         review of the final candidate's qualifications: 
                       In accordance with the requirements of the Washington State Open Public Meeting Act
                      (Chapter 42.30 RCW), the Port Commission conducted the search for and identified
                         qualified candidates for the position of Executive Director by: 
                                  1.    On May 11, 2017, Port staff retained the firm of Herd Freed Hartz to assist with
                                   the search for the position of Executive Director. 

                       Minutes of December 12, 2017, submitted for review on May 23, 2018, and proposed for approval on June 12, 2018.

              PORT COMMISSION MEETING MINUTES                             Page 7 of 7 
                TUESDAY, DECEMBER 12, 2017 
                                  2.    During  the  month  of  October  2017,  the  Port  Commission  conducted
                                 interviews with eight of the applicants to determine whether they met the
                                   qualifications for the Executive Director position. 
                                  3.    As a result of the interviews, the Port Commission determined that two of the
                                  eight applicants best met the qualifications to be considered finalists in the
                                  selection process for Executive Director. 
                                  4.    After conducting a final interview on Monday, December 11, 2017, the Port
                           Commission hereby determines one final candidate is the best applicant for
                                   the position of Executive Director. 
                                  5.    The  Port  Commission  President  previously  designated  Commissioners
                             Courtney Gregoire and Fred Felleman as the advisory committee of the Port
                                  Commission for the process of filling the Executive Director position. 
                   The Port Commission hereby authorizes Commissioners Gregoire and Felleman to
                       work with Port staff from Human Resources and with [executive search firm] Herd Freed
                       Hartz to (a) complete due diligence, including a background and reference check and
                        vetting of the final candidate's ability to meet the qualifications for employment; and
                       (b) conduct preliminary discussions with the final candidate on salary, start date, and
                        other conditions of employment. 
                    Committee members and Port staff are further directed to present their report to the
                       Port Commission by December 19, 2017. The Port Commission further reserves to
                            itself  the  final  approval  in  open  public  session  of  the  terms  and  conditions  of
                        employment with the final candidate. 
                   The motion carried by the following vote: 
                   In favor: Albro, Bowman, Creighton, Felleman (4) 
                   Absent for the vote: Gregoire 
                       9.    RECESSED AND ADJOURNED 
                The meeting was recessed at 5:04 p.m. to an executive session to discuss one matter relating to
                     qualifications for public employment. Following the executive session, which lasted approximately 1
                     hours, the Commission adjourned at approximately 6:30 p.m. without returning to public session. 

                    Prepared:                                      Attest: 
                    Paul J. White, Commission Clerk                Ryan Calkins, Commission Secretary 
                    Minutes approved: June 12, 2018. 


                       Minutes of December 12, 2017, submitted for review on May 23, 2018, and proposed for approval on June 12, 2018.