Port of Hood River Commission
Meeting Minutes of October 6, 2009 Regular Session
Marina Center Boardroom
5:30 P.M.

Present: Commissioners Sherry Bohn, Jon Davies, Fred Duckwall, and Hoby Streich; Attorney Jerry Jaques; from staff, Michael McElwee, Linda Shames, Mike Doke, and Laurie Borton

Absent: Commissioner Kathy Watson

Media: None

1. CALL TO ORDER: President Hoby Streich called the meeting to order at 5:30 p.m.
a) Modifications, Additions to Agenda: The Big 7 Building lease with Insitu was pulled from the Consent Agenda and Addendum No. 5 to the Richard Brown Architect Halyard Building Contract was added as an Action Item.

2. PUBLIC COMMENT: Arthur Babitz, City of Hood River Mayor, offered a belated Thank You to the Port and Commissioners for approving the Alta Planning+Design contract to engage Lindsay Walker's study of non-motorized crossing alternatives for the Hood River-White Salmon Interstate Bridge. Babitz commented that bicycle access on the bridge is an important and growing need.

3. CONSENT AGENDA: A lease with Insitu for space at the Big 7 Building will be brought back to the Commission for discussion at the October 20 meeting.

· Approve Minutes of September 22, 2009 Regular Session Meeting
· Approve Lease with Champion Toll Storage/Garin Buckles for Timber Incubator Building
· Approve Lease Addendum No. 1 with B.C. Marketing Concepts (Full Sail) for Expo Building

Motion: Move to approve Consent Agenda, as amended.
Move: Duckwall
Second: Bohn
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED

4. Commissioner, Committee Reports:
· Urban Renewal: Commissioner Sherry Bohn reported that at the September 24 meeting the committee discussed previously recommended projects and determined that improvements to Front Street, State Street, and State and Sixth Streets would be priority projects. Project identification is required by 2010 and project monies cannot be requested past 2012. Bohn reported that she did question the tie-in of two major construction projects being undertaken at the same time - State Street and the Oregon Department of Transportation's (ODOT) Exit 64 Project and the impact the two projects would have on traffic. Bohn also noted that the City of Hood River had submitted a letter to the Urban Renewal Agency that it no longer had an interest in the phone company's Waucoma Building on Wasco Street as occupancy would mean a major change to the Urban Renewal area.
· Waterfront Recreation Committee: Commissioners Jon Davies and Bohn reported on the September 23 meeting summarizing that over this coming winter the Event Site safety zone would be revisited to improve signage and consider placement of more buoys. The committee also suggested working more closely with the Hood River County Sheriff's Office marine deputy in determining how enforcement of Ordinance No. 22 related to water activities may be feasible. The perceived conflict of interest at the sandbar between recreational users and business providers was discussed; if areas of use should be clearly defined; and whether required teaching methods should be specified in the three-year Request for Proposals (RFP) for the 2010-2012 kiteboard concession period. Davies reported a recommendation had come from the committee that kiting from the Marina Beach should be investigated and there was Commission consensus directing staff to research this question.

5. DIRECTOR'S REPORT: McElwee highlighted the following areas:
· Staff & Administration - McElwee will be attending the October 13-15 Pacific Northwest Waterways Association (PNWA) annual conference in Vancouver, Washington. The fall strategic planning session has been scheduled for November 3 and McElwee suggested that Barbara Briggs could assist with this meeting by facilitating discussions of how the Port's strategic plan might be modified to fit the statewide Ports plan. In preparation for the fall planning session and the FY 2010/2011 budget, individual meetings with all Port employees and site visits to all properties will be scheduled.
· Waterfront Recreation - Information from civil engineer Shawn Summersett regarding Spit improvements should be available for discussion at the October 20 meeting. There has been, however, a shift in parking receipts at the Spit in 2009 due to kite access to the sandbar from the Event Site. The Commission will need to consider if this parking shift could factor into any potential Spit infrastructure improvements. Other considerations also include sandbar access during high water events or whether cruise ships might regain access to the boat basin at any time in the future. Staff will meet with Parks & Rec Executive Director Lori Stirn regarding her suggestions at the Waterfront Recreation Committee meeting relative to identification of an Event Site host.
· Waterfront Development -A prospective tenant on the Waterfront requires rail access and McElwee reported Group Mackenzie will work with Hood River Distillers on the feasibility of extending the existing rail line. Cascade Equipment's work on Portway Avenue and Anchor Way is progressing and a curb cut has been made on North 2nd Street. The final subdivision plat will be considered by City Council at its October 13 meeting and by the County Commission at its October 21 meeting. McElwee confirmed the City will not require the Port to replace the entire sewer line on North 8th Street but instead replace only the section that is low, which is approximately 400 feet. McElwee also commented that discussions are continuing with the City regarding the subdivision easement and GIA requirements for pedestrian sidewalk access. He believes Anchor Way will accommodate part of the issues and he is hopeful delays will not result.
· Airport - Seal coating of the north tie-down area should be completed by the end of the week. Complaints continue to be received regarding glider operations, whose concession permit was not renewed. Staff is working with consulting engineer Stu Cato involving water retention problems along the west end of the northern T-hangars that is an after-effect of Farmers Irrigation District's ditch removal.
· Bridge/Transportation - McElwee thanked Attorney Jerry Jaques for his work with the Oregon Department of Justice in finalizing the Intergovernmental Agreement (IGA) with ODOT for conveyance of property rights for the I-84 Exit 64 Interchange Improvement Project. Commission approval of the IGA will allow ODOT to meet their bid letting date of October 15. The Bi-State SR-35 Bridge Working Group will meet the end of the month. No additional appropriations have been earmarked and the $500,000 funds that are currently available would pay only half of the estimated $1+ million price tag for a required Environmental Impact Statement.

6. REPORTS, PRESENTATIONS AND DISCUSSION ITEMS:
· Bridge Bicycle Study-Lindsay Walker, Alta Planning: A PowerPoint presentation on the feasibility of non-motorized (bicycle/pedestrian) crossing alternatives was provided by Walker, a Portland State graduate student who is interning with Alta Planning+Design. Walker presented case study research, stakeholder interview summaries, crossing alternatives and recommendations to the Commission. Walker's research confirmed known facts that the bridge is currently inaccessible due to narrow lanes, heavy vehicle traffic, and the prohibitive cost to add sub-structures that would be required in order to provide pathways on each side of existing lanes. Alternative crossing suggestions included informal carpooling, ridesharing, and a ferry service. Land ownership and safety of pick-up and drop-off points are issues to be considered; and Dan Schwanz, Executive Director of Columbia Area Transit commented that transit agencies are often confined by charters and areas of use. Alina Aaron, Project/Mobility Manager for the Mid-Columbia Economic Development District (MCEDD) commented that the Departments of Transportation for the states of Oregon, Washington, and Idaho are working on projects to provide safer transit services other than Internet sites such as ridematch.com and that contacting these state transportation departments could be an additional resource. Walker did state that the question of personal and property liability was not thoroughly explored in her research and was one issue that would definitely need to be addressed going forward. One personal question asked of Walker was if she would get into a stranger's vehicle to cross the bridge? She responded that she would not, which was a reflection of how she was brought up. Walker did say, however, that there was anecdotal evidence that this does often happen; and there is an etiquette that men will not leave a woman alone at a pick-up or drop-off location. Walker was thanked by the Commissioners for her research and presentation. A link to Walker's report can be found on the Port of Hood River website here.

7. ACTION ITEMS:
a) Authorize Notice to Proceed for Halyard Building Project and Contract with Robinson Construction Not to Exceed $2,059,000 and Authorize Issuance of Notice to Proceed: No protests were received within the seven-day period following issuance of the Notice of Intent to Award a contract to Robinson Construction. McElwee said the Notice to Proceed was contingent upon receipt of Robinson's bonding and insurance requirements and the City's issuance of a building permit, but all documents were expected within the next few days. Bohn asked if a determination had been made on the funding mechanism and Jaques replied that a motion does imply payment to Robinson. Jaques stated there is always the possibility of something coming up outside of the Port's control, which could be a problem, but that things seemed to be aligning. Finance Manager Linda Shames commented the $2,059,000 construction price was within the Port's budget and that reserves would not be taken down to a seriously low level and that lending would be available after construction. Davies commented the Port needed to move forward with the project but asked if there was any guarantee the building will be constructed as engineered. McElwee responded that after having spent several hours with members of the Robinson team, he was very impressed and came away from the meeting with even more confidence.

Motion: Move to Authorize Notice to Proceed for Halyard Building Project and Contract with Robinson Construction Not to Exceed $2,059,000 and Authorize Issuance of Notice to Proceed.
Move: Duckwall
Second: Davies
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED
b) Authorize Contract with Milstead & Assocites for Halyard Building Construction Management Not to Exceed $37,500: McElwee commented that previous professional relationships with Milstead have shown them to provide good value services and well-recognized construction experience. There was consensus with President Streich's recommendation that construction management reports be provided to the Commission at regular intervals by Milstead & Associates.

Motion: Move to Authorize Contract with Milstead & Assocites for Halyard Building Construction Management Not to Exceed $37,500.
Move: Bohn
Second: Duckwall
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED

c) Authorize Intergovernmental Agreement with ODOT for Construction of Exit #64 Improvements: Execution of the IGA conveys certain property rights to carry out construction of the Exit #64 Interchange Improvement Project and allows ODOT to meet a bid letting date of October 15. The conveyances include a temporary construction easement, a permanent easement to construct road improvements on Port property at the northwest corner of the E. Marina Way/Highway 35 intersection and for a storm water connection in E. Marina Way and to install utility conduit. McElwee noted a future IGA will be needed to provide an easement for a storm sewer line connecting E. Marina Way to the Marina basin.

Motion: Move to Authorize Intergovernmental Agreement with ODOT for Construction of Exit #64 Improvements.
Move: Duckwall
Second: Bohn
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED

d) Authorize Contract for the Dry Storage Building Project with Mega Pacific Construction in an Amount Not to Exceed $137,008: Shames and architect Kevin Cooley met today with Mega Pacific and Shames reported they are confident the contractor is efficient and ready to start on the project. In a last-minute review of plans, the City was going to require the driveways be paved to the existing asphalt. In order to minimize the amount of additional asphalt required, the overhead garage doors on the north side of the building and corresponding concrete paving have been eliminated as Port staff determined the additional paving costs were not cost-effective for the drive-through convenience. Streich inquired if the headers could be framed in for potential future use and Shames indicated Maintenance Services Supervisor Joe Pounders did not have a problem with the overhead doors being eliminated.

Motion: Move to Authorize Contract for the Dry Storage Building Project with Mega Pacific Construction in an Amount Not to Exceed $137,008.
Move: Davies
Second: Bohn
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED

e) Authorize Consent to Vacate Portion of Wasco Court: McElwee reported a request had been received from Columbia Area Transit (CAT) asking for the Port's consent and support for the vacation of a potion of Wasco Court in the Wasco Business Park that currently dead ends and if it were ever to be extended it would end at I-84. CAT owns the property to the east and west of the street and the vacated portion would become part of their proposed Park and Ride that CAT plans to develop some time in the future. CAT has indicated that vacation of the proposed portion of the street would not impact access to the two lots east of their property. McElwee recommended supporting CAT's request.

Motion: Move to Authorize Consent to Vacate Portion of Wasco Court.
Move: Davies
Second: Duckwall
Vote: Aye: Bohn, Davies, Duckwall, and Streich,
Absent: Watson
MOTION CARRIED

f) Authorize Approval of Richard Brown Architect Addendum No. 5 in an Amount Not to Exceed $3,013 for Additional Services to Halyard Building Contract Related to Public Sewer Line Repair Documents (agenda addition): As noted in his Director's Report, McElwee confirmed the City will not require the Port to replace the entire sewer line on North 8th Street but instead replace only the section that is low, which is approximately 400 feet.

Motion: Move to Authorize Approval of Richard Brown Architect Addendum No. 5 in an Amount Not to Exceed $3,013 for Additional Services to Halyard Building Contract Related to Public Sewer Line Repair Documents.
Move: Duckwall
Second: Bohn
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED

8. COMMISSION CALL: None.

9. EXECUTIVE SESSION: The Commission was called into Executive Session at 7:05 p.m. under ORS 192.660(2)(e) Real Estate. The Commission was called back into Regular Session at 7:40 p.m. No action was taken as a result of Executive Session.

10. ADJOURN: President Streich adjourned the meeting at 7:40 p.m.

 

Port of Hood River Commission
Meeting Minutes of October 20, 2009 Regular Session
Marina Center Boardroom
5:30 P.M.

Present: Commissioners Sherry Bohn, Jon Davies, Fred Duckwall, Hoby Streich, and Kathy Watson; Attorney Jerry Jaques; from staff, Michael McElwee, Linda Shames, Mike Doke, and Laurie Borton

Absent: None
Media: None

1. CALL TO ORDER: President Hoby Streich called the meeting to order at 5:32 p.m.
a) Modifications, Additions to Agenda: The Big 7 Building lease with Insitu was moved from the Consent Agenda to Action Items; and a proposed contract for geotechnical services associated with the Halyard Building was added as an Action Item.

2. PUBLIC COMMENT: Prior to Commission Call, President Streich reopened 'Public Comments' to accommodate Helga Burkhardt who was delayed due to a disabled motorist on the Interstate Bridge. Burkhardt commented that she had talked with and met Executive Director McElwee in 2008 to request the Port consider a reduced or discounted bridge toll for seniors living on a fixed retirement income. Her 2008 request was declined and Burkhardt requested the Commission reconsider a senior discount and offered to participate of any screening process that may evolve. Streich thanked Burkhardt for her comments saying staff would again review the request and report back to the Commission.

3. CONSENT AGENDA: A lease with Insitu for space at the Big 7 Building was moved from the Consent Agenda for discussion under Action Items.

· Approve Minutes of October 6, 2009 Regular Session Meeting
· Approve Accounts Payable to Coburn Electric in the Amount of $2,076 for Hangar Light Fixtures; to Common Energy in the Amount of $600 for Halyard Building Photovoltaic Consultation; and to Steven M. Siegel in the Amount of $878.75 for Financial Modeling Analysis Services; to Surround Architecture, Inc. in the Amount of $1,000 for Insitu RFI Proposal Services
· Ratify President's Streich Signing of the Waterfront Business Park Plat Filed with Hood River County on October 13, 2009

Motion: Move to approve Consent Agenda, as amended.
Move: Duckwall
Second: Bohn
Vote: Aye: Bohn, Davies, Duckwall, Streich, and Watson
MOTION CARRIED

4. Commissioner, Committee Reports: None.

5. DIRECTOR'S REPORT: The following areas were highlighted:
· Schedule - The fall planning session is scheduled to begin at noon on November 3 at the Marina Center Conference Room with a regular session meeting to follow at the conclusion of the planning session. McElwee and Streich will meet to finalize the agenda that has been drafted. At the October 6 meeting McElwee suggested utilizing Barbara Briggs to facilitate a discussion of melding the Port's strategic plan into the statewide model; however, he has re-evaluated the idea and now feels it is unnecessary.
· Staff & Administration - McElwee attended the October 13-15 Pacific Northwest Waterways Association (PNWA) conference in Vancouver, Washington. PNWA policies and project support for 2010 are presented to the membership for approval at the fall annual meeting and three navigation projects listed for the Port of Hood River included funding expansion of the marina; evaluating the need for dredging and infrastructure to preserve access for industrial products; and initiate efforts to store and enhance habitat conditions, create additional developable upland and extinguish flowing easements at the Nichols Basin. McElwee commented the Nichols Basin project could also be identified as a potential project for the next Water Resource Development Act (WRDA) for 2010 funding authorization. Harvest Fest was once again staged from the Event Site and numbers for 2009 are not yet available. McElwee reported that Port maintenance had provided 72 hours of staff time and $150 direct costs that are not reimbursed by the Chamber of Commerce. Mega Pacific is now onsite and construction for the maintenance dry storage building at the Marina Center Building has begun.
· Waterfront Recreation - The Oregon State Marine Board (OSMB) has approved the Port's application for grant funds to replace the waste water pump-out and dump station equipment. OSMB engineers will complete the necessary drawings and specifications to complete the construction and the Port will contribute staff time to oversee the grant and construction; and if necessary, pay for the cost of a building permit. The grant amount applied for was $45,000.
· Waterfront Development - Anchor Way construction continues and Halyard Building grading and utility work is now underway. With respect to the Anchor Way project McElwee reported that Hood River Juice Company - who had reviewed plans previously - now feels that one fire hydrant needs to be relocated to accommodate a driveway on their property. Adjustments will be made but conversations with David Ryan about the associated costs for this change have not yet taken place. An issue has also been raised with the Halyard Building plans that may result in the deletion of a shower because the City is requiring a full restroom build out at an additional cost of $15,000 to $20,000. McElwee reported City Council had approved the final plat for the Waterfront Business Park Subdivision at its October 13 meeting the plat was also approved by the County Commission at its October 19 meeting.
· Airport - Seal coating, striping, and new chain tie-downs at the north tie-down area are now complete. A meeting to discuss the Orchard Road vacation will take place next week with Hood River County, Terra Surveying, Century West Engineers, and Port staff. Another incident involving a glider operator being physically and verbally abusive to a FBO staff member has been reported to the Port. Deputies from the Hood River County Sheriff's Office responded to the call and attorney Jerry Jaques will discuss this event with the District Attorney's office.
· Bridge/Transportation - The Oregon Department of Transportation (ODOT) will hold an Open House at the Marina Center Boardroom on October 22 to discuss Exit 64 construction projects with stakeholders. McElwee and Finance Manager Linda Shames will meet with Mowat Construction on October 22 to talk about span lock repairs. The Bi-State SR-35 Bridge Working Group will meet on October 28.

6. REPORTS, PRESENTATIONS AND DISCUSSION ITEMS:
· Halyard Building Construction Update - Ken Andrews, Milstead & Associates, Inc.: Andrews introduced himself to the Commission and provided a brief background history. Andrews told the Commission he was familiar with Robinson Construction's lead man Gregg Walker and was confident there would be good teamwork in project commitment, coordination and value engineering. Construction meetings are scheduled weekly and a more complete calendar of project timelines will be available as the project progresses. Andrews provided his business card and invited the Commissioners to contact him with questions at any time by phone call or email.

7. ACTION ITEMS:
a) Authorize Contract with PSI for Halyard Building Construction Testing Services in an Amount Not to Exceed $6,922: McElwee commented that counsel's review indicated that the contract's general conditions were not acceptable and that comments from Attorney Jaques had been sent back but that PSI had not responded prior to meeting time. McElwee recommended approval of the contract for the required special inspections and materials testing services consultation subject to counsel's final review and approval.

Motion: Move to Authorize Contract with PSI for Halyard Building Construction Testing Services in an Amount Not to Exceed $6,922 Subject to Legal Counsel's and Executive Director's Review and Approval of Contract's General Conditions.
Move: Davies
Second: Duckwall
Vote: Aye: Bohn, Davies, Duckwall, Streich, and Watson
MOTION CARRIED

b) Authorize Contract with Common Energy for Halyard Building Solar Design Services in an Amount Not to Exceed $2,300: PacifiCorp awarded a $64,500 grant for a solar array for the Halyard Building. Common Energy, who assisted the Port with the application, was asked to submit a proposal to provide engineered plans and specifications for a roof-mounted solar array that will be priced through the general contractor, Robinson Construction. Common Energy will size the system to accommodate the grant, maximize solar output, and limit Port costs.

Motion: Move to Authorize Contract with Common Energy for Halyard Building Solar Design Services in an Amount Not to Exceed $2,300.
Move: Bohn
Second: Watson
Vote: Aye: Bohn, Davies, Duckwall, Streich, and Watson
MOTION CARRIED

c) Authorize Contract with GeoDesign, Inc. for Geotechnical Services Associated with the Halyard Building in an Amount Not to Exceed $11,550 (agenda addition): Additional inspection services have been identified as being required during construction of the Halyard Building. GeoDesign previously conducted test borings and evaluation at the Halyard site prior to engineering of the slab, footings and site improvements. The additional observation and testing services will ensure conditions encountered during construction are consistent with those observed in their previous exploration. GeoDesign will also evaluate whether the earthwork is completed in accordance with their recommended specifications provided in their earlier engineering report and project drawings. For Commission discussion
McElwee provided an updated summary of incurred contracts already approved and those that are anticipated since approval of this required service will now exceed the project budget for all inspection services.

Motion: Move to Authorize Contract with GeoDesign, Inc. for Geotechnical Services Associated with the Halyard Building in an Amount Not to Exceed $11,550.
Move: Duckwall
Second: Watson
Discussion: Referring to the updated summary, Bohn inquired if the numbers would continue to climb, and Shames responded the costs were not overly aggressive.
Vote: Aye: Bohn, Davies, Duckwall, Streich, and Watson
MOTION CARRIED
d) Approve Lease With Insitu for the Big 7 Building (from Consent Agenda): Updates to the lease, commencing January 1, 2010, were provided to the Commission and explained by Mike Doke, Marketing Manager. Building improvements being made by the Port and improvements being made by the tenant appear to be resolved to the satisfaction of both parties; however, the insurance provisions appear ambiguous. Boeing/Insitu wants the option to self-insure and Attorney Jaques was uncertain what this means and how it would work for the insurance company to defend any claims. There is also the question of the lease being entered into and signed by Insitu when insurance is provided by the parent company Boeing. McElwee commented he was comfortable executing the lease subject to insurance approval by Jaques and Scott Reynier, the Port's insurance agent-of-record. Commissioner Davies stated he was uncomfortable not knowing the insurance status, and Commissioner Watson commented there should not be any questions about the insurance since the space was going to be used for testing purposes. Streich reiterated McElwee's recommendation that lease approval would be contingent upon review of the insurance by legal counsel and the Port's insurance agent.

Motion: Move to Approve Lease With Insitu for the Big 7 Building Subject to Approval of Insurance by Legal Counsel and Insurance Agent-of-Record.
Move: Duckwall
Second: Watson
Vote: Aye: Bohn, Davies, Duckwall, and Streich
Absent: Watson
MOTION CARRIED

8. COMMISSION CALL: President Streich asked for more clarity and direction on financing for the Halyard Building and future building development to make sure the Commission, as a whole, is 'on the same page.' McElwee responded that a summary would be prepared for the fall planning session regarding financing issues, assumptions, comparisons, scenarios, and "what if" evaluations.

9. EXECUTIVE SESSION: The Commission was called into Executive Session at 6:35 p.m. under ORS 192.660(2)(e) Real Estate. The Commission was called back into Regular Session at 6:55 p.m. No action was taken as a result of Executive Session.

10. ADJOURN: President Streich adjourned the meeting at 6:55 p.m.

 

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