2023 April 12 Regular Port Commission Meeting Minutes

Date Published: May 10, 2023
Port of Hoodsport Letterhead


April 12, 2023

Call to Order:   9:02am                                                   Adjourned:  10:03am

Hybrid Meeting Held at:   24113 North Highway 101, Suite A Hoodsport, WA 98548

Virtual Zoom Conference Meeting Room ID#406-238-9936  

Roll Call:    Commissioner Kincannon – Chairwoman / 2nd Trustee, Commissioner Brazil – 2nd Chairman/Trustee, Commissioner Morris

Staff Present:     K. Wyatt, Executive Director, S. Lindgren – Maintenance Supervisor

Public:     Forest McCullough – NW Land & Tree

                  Cailan Neeler – DNR port dock

                  Katherine & John Yackel – YSS Dive Shop

                  Annie – Timberland Library

Approval of Agenda:       Commissioner Kincannon motioned to approve the April 12, 2023, agenda as written, Commissioner Morris seconded; all in favor, unanimously approved.

Minutes: Commissioner Kincannon motioned to approve the regular port commission meeting minutes for March 8, 2022, Commissioner Brazil seconded, all in favor, unanimously approved.

VouchersCommissioner Kincannon motioned to approve the Vouchers for March 2023, in the amounts of $13,890.27 and Q1 Commission payroll $2,192.73 Commissioner Morris seconded, all in favor, unanimously approved.

Public Communication:   

Commissioner Kincannon welcomed and introduced Cailan Neeler, Ports program manager, Aquatic Resources Division with Washington State Department of Natural Resources (DNR) and said, the Port was contacted in July 2022 regarding the expiration of the 30-year lease on the port’s dock due to expire on April 30, 2023 and the new lease renewal.  The port received and filled out the application to renew the lease agreement and was told it required an aquatic survey.  The port hired Gibbs & Olson to perform the aquatic survey which was completed at the end of January 2023.  In February, a site survey and assessment of the dock were performed by Cailan (DNR) and an ecologist from the Department of Ecology. On April 7, 2023, the Port received the new lease agreement to sign which outlined a number of inspections and repairs required in the new lease, with specific dates in which they are to be performed over the course of the 15-year lease.  While the Port only received it 6 days prior to the port meeting today and 21 days from the expiration of the old lease, the commission asked the director to consult with the port’s attorney to review the lease terms and conditions.  The Port’s attorney said the lease is for a shorter term, is very extensive with many obligations to perform expensive repairs and modifications in short time periods that will be very costly to the port.  C Neeler said they drafted the lease agreement based on the habitat stewardship visit and survey and wanted to touch on a few points of the agreement to discuss, she referred to the term sheet. DNR settled on a term of 15 years to commence on May 1st based on the survey. Commissioner Kincannon said why 15 years? C Neeler said basically a standard lease is 12 years but due to the many requirements, we are giving the port 15 years for permitted use for public access as in the past for continued use of the fixed pier and gangway.  The dock itself is on state owned land, not for entirety on parts not on aquatic lands. There is free rent if you use the dock and keep it for public use, there is a water deposit rent if you don’t continue to use it for the public.   There will be added insurance terms as you are part of a risk pool and will be asked to provide a certificate of liability annually to DNR.  Commissioner Kincannon asked if the insurance limits of liability are the same as they are now.  C Neeler said it will be determined when the inspections are done.  There will be a security deposit of $25,000, we are starting you at zero and have more work to ask of you.  Commissioner Brazil said have you seen the ports entire budget.  C Neeler said yeah, within the lease agreement, we could increase financial security first thing within the lease agreement document of leasehold conditions, we need an inspection of condition of the dock now, then another one moving forward.  Commissioner Morris said can you give us a clarification of the inspections needed?  C Neeler said we need an inspection of the health of the dock and the pilings.  Commissioner Kincannon said that should not be a problem, we have Katherine and John of the YSS Dive Shop on the call today, they offered to help with that, we can have that done fairly soon.  C Neeler said the piling inspections will need to be performed by a formal certified inspector, a civil engineer.  Commissioner Morris said there is a fundamental concern of limitations of our budget as a small port.  We will take steps in good faith for the requirements, we need to know what the costs are before moving forward.  C Neeler said the substantial concerns are of functionality of the existing dock.  When the habitat steward specialist pushed on ten of the pilings, they should not have moved, six moved.  Our assessment is the dock is broken and not functioning at life expectancy.  Commissioner Kincannon said we need to do the inspections prior to the lease signing.  C Neeler said we are giving you two years after the signing to bring the dock into compliance.  Commissioner Kincannon said just between the survey and the attorney fees as of now, we are at 16% of our budget revenue for the whole year, that does not include the three revisions to the survey you just requested.  The port has very limited funds, just to do a portion of the requirements you have requested in the lease agreement will be very difficult for our small budget.  We would like to have an extension.  I cannot sign a lease and put my name on an agreement that I know the port cannot afford to execute with the costs attached to the requirements.  The Port only received this lease agreement 6 days ago, we need more time to get bids on what is required before we sign, can you extend our current lease?  C Neeler said yes, a couple of things, a different timeline to present to DNR going into a holdover.  Commissioner Kincannon said before we can address signing this lease, we need to get an inspection done to determine whether the port can move forward.  When you look at the next 5-6 years of requirements, we need to figure out how to fund the DNR lease requirements or come up with another steward for this dock, we don’t even have matching funds for a grant.  We need extra time to address each point.  Commissioner Morris said I am assuming you’ve been working with small ports and redoing other leases with changes in the environmental regulations to bring them up to code.  With other ports who have similar budgets, what do you do to help?  C Neeler said people are getting grants, they are putting it forward, this dock needs work for safety, this is why the 15 years to push it out.  Commissioner Morris said on assumption of a holdover, given we don’t know the health of the pilings, what is a reasonable factor on the date of replacement, we need to see what we are dealing with in terms of cost, then we can concrete dates.  C Neeler said the date to replace the pilings is as soon as possible. Commissioner Morris said okay, our first mission is to have the pilings inspected.  C Neeler said another term is you need a dock bidder, a contractor to assess the life of the dock and floats.  General safety and maintenance is required, get an engineer, a dock builder, we think you need an estimate of life of the dock.  Commissioner Brazil said please give us a recommendation.  C Neeler said she can’t give a recommendation, but Marine Floats does work on the Hood Canal.  Commissioner Morris said we can also reach out to folks at the Union Marina, they have a full-time crew and would like to apply for an extension of the lease and determine the longevity of our investment here.  Commissioner Kincannon said is there more you want to go over that is significant?  C Neeler said we have a template for a written sewage management plan and signs for you to post.  Commissioner Kincannon said okay we will work on the piling inspections and marine float inspections.  Can you talk to people who have issues of coming up with funds, maybe someone can offer advice.  Is the inspection you are recommending another inspection you require as well?  Does anyone else have questions for C Neeler?  John and Katherine, since you have been underwater can you help with the inspections?  J & K Yackel said we are not engineers and do not have an engineering degree.  We have videos if they will be helpful, we are here to help provide information for you but won’t suffice for DNR.  K Yackel said I can help with phone calls, etc.

Commissioner Kincannon welcomed Annie from the Timberland Library.  Annie said she missed the meeting the last time and is checking on the state of the trail as to when she can install the spring storybook.  Commissioner Kincannon said mid-May, the volunteer work party can help you put the signs up. F McCullough said everything’s going good, we are almost done, the trails will be cleared out by the end of next weekend.  Commissioner Kincannon said we are having a work party on May 13th. F McCullough said we will have the excavator there to help out with spreading the chips, Lake Cushman maintenance company said they have 1000 yards of bark and you can have as much as you need.  We will be ready to go for rock at the end of next week.  S Lindgren said yes, the parking lot is ready to run the scraper over as long as the weather permits.  F McCullough said Commissioner Brazil said he had a bunch of little trees to plant along the trails. Maybe we can do a pre walk with the commission before we finish in case there are things you want while the equipment is here.  Commissioner Kincannon said maybe we can do a walk through on the 28th with the commissioners one at a time, in shifts.  F McCullough said that sounds great, a little more work, check the trails and then we can open it to the public.  Commissioner Kincannon asked if anyone else would like to speak.  J Yackel said we are having our Expo event on May 6th.   

Commissioner Reports    

Commissioner Brazil said I will talk about the work party and grand opening under the Director’s report.  Commissioner Morris said he did not have anything else.

Commissioner Kincannon said she did not have anything to report other than what is in the Director’s report.

Port Maintenance Reports:

Hoodsport Trail Park & Disc Golf Park:  S Lindgren said we are ready for the storybook trail; Annie has all of the frames.  The UTV had its 20 hour checkup, all was good.  The container shed was delivered and set up, it is functioning perfectly, it may need some artwork.

Hoodsport Marina, Dock & Waterfront Park:  S Lindgren said there’s been a lot of household garbage being dumped into all of the public garbage cans. We increased garbage pick up to once per week starting April 18th, we increased the number of portable restrooms and the service of them to Fridays and Mondays starting April 24th. I will check with Mollie at Hood Canal Grocery to find out when our flowers will be here.  Commissioner Kincannon said Maury can help with the flower’s baskets on the poles. Fire Extinguishers are nearing the end of their life, we ordered replacements which cost the same as refurbishing the existing ones.  Fish and Game opened the beach for clamming to the end of April.

Portable Restrooms:  The Port and Hood Canal Grocery both rent 3 portable restrooms each with hand washing stations for the public’s use in the summer season, they are serviced 3 times per week.  In winter there are 2 rentals, each serviced twice per week.  The Port monitors them for trash and additional toilet paper needed in between services. We should increase the number of Sani cans and services by the end of April.

Port parking/Office building/Maintenance shed:  People are dumping their household trash.

Port Directors Report:

The Port director thanked Cailan with DNR for attending the port’s meeting and explaining the terms of the lease.  The Port commission will keep you posted as to how we are doing with obtaining inspection bids and how we are proceeding to move forward. Cailan said thank you for inviting me.  The Hoodsport Trail Park Volunteer Work Party is scheduled for 5-13-2023 from 10am-2pm, Commissioner Kincannon and I worked closely with the port’s attorney, Ports insurance company and WA State L&I insurance to come up with volunteer requirements for the Hoodsport Trail Park Volunteer Work Party flyer, registration and liability waiver forms.  The Flyer covers when, where, the scope of work and what the port will provide.  The flyer will be posted on the port’s website, office windows, kiosks, copies will be available to hand out to local businesses and the information is in the port’s spring newsletter which will be posted and published in the Lake Cushman’s quarterly blog and publication. Forms for Registration and Waiver of Liability will be posted on the port’s website as pdf files for volunteers to download, print and fill out, they will also be available at the event.  The Grand re opening of the Hoodsport Trail Park event will be held on Saturday 5-27-2023.  Commissioner Kincannon will create the Flyer for this event.  Information for the event has been included in the body of the Spring Newsletter.  Regarding the new moorage fee adopted at the March 8, 2023 regular port commission meeting, Resolution POH23-01 is in the office for the commissions signature. New moorage fee envelopes and signs were ordered, new moorage fees rate information will be updated on the port’s website.  The Spring newsletter was finalized, information included the current state of the Hoodsport Trail Park, the date and times for Hoodsport Trail Park volunteer work party, Hoodsport Trail Park grand reopening and new overnight moorage fee for the Port of Hoodsport dock.  The director reminded the port commission the Washington Public Port Association will be hosting its Spring conference for port commissioners to attend on May 16th – 19th , Commissioner Brazil is signed up to attend.

Budget:    March 2023 financial statements were reviewed.

Old Business:  As discussed above        New Business:    As discussed above.

Next Meeting:    May 10th

Adjourn:          Commissioner Kincannon made a motion to adjourn the Regular Port Commission meeting, Commissioner Morris seconded, all in favor, unanimously approved, meeting adjourned at 10:03am

2023 Regular Port Commission Meetings are scheduled as follows:

Wednesday’s at 9am May 10th, June 7th                 

Commissioner Kincannon         Commissioner Brazil         Commissioner Morris