Minutes of March 15, 2005 Regular Session Meeting
Expo Center Conference Room, 6:00 P.M.

Absent: Commissioner Don Hosford; and Linda Shames, from staff

Media: None

President Sherry Bohn called the Commission into work session at 6:00 p.m. The agenda was suspended several times throughout the evening to accommodate scheduled guests and public comment.

With Commission consent, the agenda was suspended to accommodate a Park Development Committee (PDC) applicant who could not attend Regular Session due to a prior meeting commitment. Chuck Bugge was asked to respond to a series of questions that would be asked of the other eight PDC applicants during Regular Session.

At 6:10 p.m. President Bohn called the Commission back into work session.

1. WATERFRONT DEVELOPMENT
a) Zoning Issue Matrix: The matrix of zoning issues related to the waterfront mixed-use zoning Ordinance 1851 was the result of a December 2004 meeting involving developer Bill Smith of William Smith Properties, Inc., Port Executive Director David Harlan, Port Attorney Jerry Jaques, City Manager Bob Francis, City Planning Director Cindy Walbridge, and City Attorney Alexandra Sosnkowski. Because the matrix continues to bounce back and forth between Port staff and City staff without resolution, the Commission determined the matrix questions needed to be clarified so there would be no question as to the City's actions or interpretations. Executive Director Harlan commented that he would talk with Smith and get back with City staff.

b) Intergovernmental Agreement: Discussions are also continuing on the Waterfront Park IGA. President Bohn commented that she had attended the March 14 City Council meeting and reported the City is willing to work with the Port but the City wants a less-restrictive IGA, which they believe is basically a document for grant purposes. Bohn stated if consensus cannot be reached, the City may request a Letter of Support from the Port that could be used as an attachment to an April 15 grant application deadline, and continue to work on an IGA. The Commission then began discussing a March 15 memo from City Attorney Sosnkowski to City Manager Bob Francis regarding Council's concerns with the IGA.

At 7:10 p.m. the Work Session was suspended and the Commission was called into Regular Session for the purpose of conducting Park Development Committee applicant interviews.

1. INTRODUCTIONS: Steve Alford, Bob Francis, Susan Froehlich, Kris Gann, Jim Greenleaf, Lynn Guenther, Christine Knowles, Linda Maddox, Craig Marquardo, John Martin, Cory Roeseler, Linda Rouches, Paige Rouse, Rodger Schock, Dan Schwanz, Joanie Thomson, and Andy von Flotow introduced themselves.

2. MODIFICATIONS, ADDITIONS TO AGENDA BY COMMISSIONERS: Commissioner Streich requested a discussion under Commissioner Reports on a waterfront RV park; and Attorney Jaques requested an Action Item addition regarding personal services contracts. Commissioner Duckwall recommended suspending the agenda to move directly into Park Development Committee applicant interviews.

4. INFORMATION-COMMUNICATIONS:

a) Guests:
· Committee Interviews and Appointment: President Bohn informed the applicants that each would be asked the same series of questions and that interviews would be done in an alphabetical order. Bohn announced that a vote would be taken immediately following the interviews and the selection would be formalized later in the Agenda as an Action Item. The applicant pool included Steve Alford, Charles Bugge, Susan Froehlich, Jim Greenleaf, Cory Roeseler, Paige Rouse, Joanie Thomson, and Andy von Flotow. Robert Huff, who was out of town on business, did not participate in the interview process; however, President Bohn asked the Commission to consider Huff in the scoring process from information Huff provided on his application. Markee Cox, a high school student, did not participate in the interview process. Due to the time commitment that will be required of committee members, the Port is recommending that students be appointed as ex officio members.
The applicants were asked why they were interested in serving on the committee; what part of the community and Port District they would represent; to describe the kind of park that would serve the community, including types of year-round uses; describe a collaborative committee process in which they had been involved and how they worked to reach consensus; their vision for park funding including ongoing operation and maintenance; and if they were willing to make at least a year commitment to the committee.
Upon completion of the interviews, President Bohn asked each Commissioner to rank their top three candidates. Commissioner Hosford's vote was included in the initial scoring process.

Steve Alford Bohn, Duckwall, Hosford, Streich, Watson
Chuck Bugge 3-way tie (Duckwall, Hosford, Streich)
Paige Rouse 3-way tie (Bohn, Duckwall, Hosford)
Joanie Thomson 3-way tie (Bohn, Streich, Watson)
Jim Greenleaf Watson

The Commissioners present then ranked their top two candidates in order to break the 3-way tie. Bugge was noted as being an incredible facilitator; Rouse was credited with having a good grasp of the Port; and Thomson was noted for her involvement with the downtown and being a "new" face not previously involved with the Port.

Chuck Bugge Duckwall and Streich
Paige Rouse Bohn, Duckwall, Watson
Joanie Thomson Bohn, Streich, and Watson

President Bohn announced Steve Alford, Paige Rouse, and Joanie Thomson as the Port's selection to the Park Development Committee. Bohn thanked all the candidates for their participation in the application and interview process and stated she wished all could have been appointed. Staff announced that they would forward applications to the City for consideration if any of the applicants were interested.

President Bohn called a short recess at 8:16 p.m. The meeting reconvened at 8:20 p.m.

2. PUBLIC COMMENT:
· Friends of the Waterfront representative Christine Knowles presented a conceptual illustration of the park that is to be sited on Lot 6. Knowles reported there were 30 people in an e-mail group and that the group had met twice and was already working on a grant application in the amount of $500,000. Knowles acknowledged that the Friends of the Waterfront might have the "cart before the horse" but the group is working under an April 15 deadline for an Oregon Parks and Recreation Department 2005 Local Government Grant Program. Knowles stated this particular grant would not be available again until 2007. Knowles stated a requirement of the fund calls for the park to be in perpetuity. Knowles also requested a Letter of Support from the Port to include with the grant application, and that the Port continue to work with the City on the IGA.
· Craig Marquardo, candidate for Port Commission Position No. 3, expressed his disappointment with the elected body going against overwhelming public sentiment that all the property north of Portway should remain recreational. Marquardo asked what it would take to get the Port to understand and to back off its current plan?
· Dan Schwanz, Executive Director of Columbia Area Transit (CAT), stated that he had been directed by his Board to request an answer from the Port Commission on CAT's proposal to purchase property at the Wasco Business Park. Schwanz presented a timeline of contacts with the Port and the due diligence process it had undertaken relative to environmental assessments and appraisals. Schwanz reported the Federal Transportation Administration had given its approval for categorical exclusions and authority to enter into a purchase agreement. Schwanz stated that CAT had the cash to pay the square footage market price of $5.50 per acre but just needed an answer from the Port. The Commission thanked Schwanz for his patience while the Port was in negotiations with the U.S. Postal Service for the same parcel and informed that further discussion would take place during Executive Session.
· Rodger Schock, Chair of the Hood River County Commission, thanked the Port for the tedious process it has gone through relative to the mixed-use zoning of the Waterfront, which Schock said he supported. Schock stated that he was not speaking on behalf of the County Commission, but suggested that should the mixed-use zone not work and the Port choose to retain the current light industrial zoning, he would like to talk to the Port about industrial land inventories because Hood River has lost out on deals because of the lack of shovel-ready sites. Schock commented on the numerous conversations he'd had with people outside the city boundaries who would vote for more jobs on the waterfront rather than more park.

At 8:50 p.m. President Bohn called the Commission back into Work Session to continue discussion on the Intergovernmental Agreement.

Using a March 15 memo from City Attorney Sosnkowski addressed to City Manager Bob Francis (attached) as a basis for the continuing discussion on the draft IGA, the following point-by-point consensus was reached and Port Attorney Jaques will work with Sosnkowski to amend the draft IGA for further discussion by the Commission and Council.

1. Park Dimensions - Add language from Sosnkowski that the City wants to approve the legal description which is to be completed by Roy Gaylord of Terra Surveying who has already prepared draft documents on Lot 6 for the Port.
2. Transfer Costs - The Commission reaffirmed that the Port would not make any cost reimbursements and that the PDC shall reimburse the City for transfer costs if requested.
3. Six Month 1851 Revision - the Commission agreed to Sosnkowski's assessment that a six month process for revisions to 1851 is not long enough and agreed to 18 months.
4. Acceptable Amendment of 1851 - Sosnkowski was concerned a provision of the IGA may create a veto authority in the Port, but it was Jaques's opinion that Sosnkowski's attempt to alleviate her concern did not go far enough. Jaques stated that he would work with Sosnkowski on mutually agreeable language.
5. Starting Date for 7 Years and Notice Period - The Commission agreed to Sosnkowski's recommendation to change the starting date of the seven-year reversion provision from the date of the IGA to the date of the deed transfer. The Commission also agreed to extend the notice provision from sixty to 120 days because of the example used that more than 60 days may be required to procure funding or make repairs.
6. Liens and Encumbrances - There was Commission concurrence that no changes should be made to this provision citing that Lot 6 would be given "free and clear" and if reconveyed, should also be free and clear upon its return to the Port.
7. Park Grants - Language that had been proposed by the Commission relative to postponing its right to require the City to reconvey Lot 6 back to the Port unless percentage requirement thresholds were met was explained by Bob Francis that the language could hurt grant funding because of a perception that the park was not supported by everyone. Francis said this language was not necessary because language elsewhere in the IGA provided for perpetual life of the park as long as maintenance was provided for. Jaques offered that deletion of the provision in question made more sense than the optional language provided by Sosnkowski, and the Commission agreed to the deletion.
8. Covenant Not to Sue or Appeal - Jaques commented that while he did not have a major problem with language added by Sosnkowski, Jaques stated he would work with the City Attorney to "tinker" with the verbiage.
9. Port Rezone Requests - The City is proposing that the majority of this provision be deleted because, as Francis explained, it is the Port's right to request a rezone of Lot 6 should it revert back to the Port. There was Commission consensus to delete all but the last sentence and agreed to its modified language suggested by the City.

Additional consensus was reached by the Commission to delete Recital G because the conveyance reversion terms are stated elsewhere in the Terms and Conditions.

President Bohn closed the work session at 9:40 p.m., and called the Commission back into regular session.

3. APPROVAL OF MINUTES:

Motion: Move to approve the February 22, 2005 regular session meeting minutes.
Move: Streich
Second: Duckwall
Vote: Aye: Bohn, Duckwall, Hosford, Streich, and Watson
Absent: Hosford
MOTION CARRIED

4. INFORMATION-COMMUNICATIONS:

a) Guests:
· Park Development Committee Interviews and Appointment (see page 2)
· Dan Schwanz, Columbia Area Transit (see page 3)

b) Executive Director's Report
· Bridge Update: Executive Director Harlan reported on the successful lobbying efforts by Oregon Congressman Greg Walden for a funding request of $500,000 for preliminary engineering and design work for the proposed Frontage Road Crossing project. Harlan reported the Oregon Department of Transportation (ODOT) is supportive of the Port's proposal to reroute local trips from the Hood River Exit 64 Interchange. Harlan is anticipating the Exit 64 modifications will assist the Port in its future efforts to upgrade the toll plaza, accompanied by the introduction of electronic toll. Harlan also reported that the archeological issue involving the Washington site used by sub-contractor Elder Demolition remains unresolved.
· Waterfront Update: The Oregon Department of Land Conservation and Development requested an opinion from the Oregon attorney general's office on the passage of Ballot Measure 14-22 voted on by city residents, which would reject the Goal 5 riparian protection adopted by the City Council. The attorney general's office has responded with an opinion that the vote conflicts with previous Land Use Board of Appeals (LUBA) rulings, and is thus illegal. Harlan reported the maintenance department would relocate the Event Site booth to reduce the backups on N. 2nd and Portway and commented further that the move would allow better visibility of the Event Site lot by the booth attendant. A request to approve the purchase of fill material and grading of the Spit roadway will be considered under Action Items. A preliminary estimate of $16,000 has been received relative to replenishing the Event Site beach, however, the permitting process is uncertain at this time. The pedestrian bridge crossing the Hood River was recently closed for maintenance work and Harlan reported this bridge would also need redecking in the near future.
· Wasco Business Park Update: The completion of the Port's Wasco Business Park Building will not be ready as anticipated for Humanities Software's occupancy in early June, and Harlan reported that he would be discussing a short-term lease extension for Humanities at the Columbia Building with owner Key Development, and Columbia tenant DaKine, who will assume the space to be vacated by Humanities.
· College/Big 7 Update: Harlan reported that Columbia Gorge Community College remains interested in the Waterfront as a campus site.
· Airport: A property purchase on Orchard Road east of the runway will be considered under Action Items.
· Other: Audits were distributed to the Commission for their review. Harlan stated he would contact Gwen Griffith about postponing the April 1 Retreat due to Commissioner scheduling problems and the suggestion that the Board Retreat be delayed until after the May 17 general election but reiterated that it would have been better to have held the Board Retreat prior to Strategic Planning. Harlan deferred discussion on the Pacific Northwest Waterways Association "Mission to Washington" to President Bohn, but commented that funding is uncertain due to the tough fiscal climate.

b) Commissioner, Committee Reports:
· PNWA Mission to Washington, D.C.: President Bohn referenced the pie chart included in the packet (attached) stating there are a lot of people--with more pressing needs--vying for limited funding. Bohn also commented that the U.S. Army Corps of Engineers is using a performance-measured process to rank projects.

· Other: Commissioner Streich discussed information he had gathered relative to an RV park on the Waterfront and asked that the Commission consider the information and discuss it at a future meeting.

5. ACTION ITEMS:
a) Waterfront - Park Development Committee Appointment:

Motion: Move to appoint Steve Alford, Paige Rouse, and Joanie Thomson as the Port representative on the Waterfront Park Development Committee.
Move: Duckwall
Second: Streich
Vote: Aye: Bohn, Duckwall, Streich, and Watson
Absent: Hosford
MOTION CARRIED

b) Waterfront Recreational - Spit Roadway Improvement: Executive Director Harlan commented the road maintenance was not budgeted at this cost; however, because the road has deteriorated to the original fill it will require more material.

Motion: Move to approve an expenditure not to exceed $11,000 for maintenance work on the Spit roadway.
Move: Duckwall
Second: Watson
Vote: Aye: Bohn, Duckwall, Streich, and Watson
Absent: Hosford
MOTION CARRIED

c) Ken Jernstedt Airfield - Property Purchase:

Motion: Move to enter into a Sale Agreement and Receipt for Earnest Money, with Forrest and Naomi Orcutt for property located at 1621 Orchard Road, to be signed by the Commission President.
Move: Streich
Second: Duckwall
Vote: Aye: Bohn, Duckwall, Streich, and Watson
Absent: Hosford
MOTION CARRIED

e) Personal Services: Attorney Jaques commented there had been a change in the law, effective March 1, regarding personal services contracting. Jaques stated he was currently looking at rules that would need to be adopted by the Commission but recommended, in the meantime, that the Commission reinstate a previous Resolution under the new laws.

Motion: Move to re-adopt the definition of personal services and the procedures for entering into personal services contracts previously adopted by the Port under Resolution No. 2000-01-5, Section 3.
Move: Watson
Second: Streich
Vote: Aye: Bohn, Duckwall, Streich, and Watson
Absent: Hosford
MOTION CARRIED
d) Accounts Payable:

Motion: Move to approve Accounts Payable in the amount of $11,776.82 to Jaques, Sharp, Sherrard & FitzSimons.
Move: Duckwall
Second: Watson
Vote: Aye: Bohn, Duckwall, Streich, and Watson
Absent: Hosford
MOTION CARRIED

6. ANNOUNCEMENTS: None.

7. EXECUTIVE SESSION: At 10:05 p.m. President Bohn called the Commission into Executive Session under ORS 192.660(2)(e) Real Property; and ORS 192.660(2)(h) Litigation. The Commission was called back into Regular Session at 11:05 p.m. No action was taken as a result of Executive Session.

8. ADJOURN: The Commission commented on the possibility of scheduling a work session prior to the April 5 regular meeting for further discussion on the Issues Matrix as it pertains to the draft mixed-use waterfront zoning ordinance 1851. President Bohn then adjourned the meeting at 11:05 p.m.