Port Commission Minutes

MINUTES FROM THE PUBLIC HEARING TO HEAR PUBLIC TESTIMONY TO CONSIDER THE SURPLUS OF THE PUBLIC RESTROOMS

OF THE PORT OF HOODSPORT COMMISSION

April 14, 2021

Call to Order: 9:00am                                                  Adjourned: 9:20 am

Roll Call:      Commissioner Booth – Commission Chair

Commissioner Kincannon – Commission 2^nd Chair

Commissioner Brazil – Trustee

Staff Present:                                   K Wyatt, Executive Director

                                                            B Osborne, Port Maintenance

                                                            S Lindgren, Port Maintenance

Public:                  Heidi McCutchen – Mason County Chamber of Commerce

A Public Hearing was held to consider testimony before adopting Resolution 2021-1 to surplus the public restrooms to Purvis LLC. 

Prior to taking public testimony, the Commission chair asked the executive director to give background and summarize the events since the 2007 survey, the 2013 inception of the public restroom facility, then 2018 to the present port’s dilemma, exploratory options, budget accountability and recognition of the Purvis’ generous proposed solution.

The Port of Hoodsport’s legal counsel summarized the drafted resolution breaking down the steps to take to surplus the public restrooms.  See attached Resolution 2021-1

The commission chair opened the meeting to accept public testimony for the purpose of testimony to become public record.

H. McCutchen, director of the Mason County Chamber of Commerce gave testimony by reading a written statement. See attached letter of testimony. 

The commission chair thanked H. McCutchen for taking her time to present public testimony.  Not hearing any further public testimony, the commission chair closed the public hearing to have further discussion to adopt the resolution.

Commissioner Booth said the request within the Purvis’ proposal to have the Port of Hoodsport partner with the Purvis’ by agreement to a non-binding $835.00 per month to help with costs to accommodate the public and people drawn to Hoodsport by way of the marina and other port recreational properties and to supply one additional portable restroom is within the 2021 port budget.  With public discussion regarding the growing number of people visiting Hoodsport, impacting the local business community and the publics desire to make Hoodsport and the surrounding area a destination, I feel the Port commission fully understands the ever-increasing need for a public restroom in the Hoodsport community.  The Port commission realizes the Purvis’ generous project proposal is the solution for the desired outcome by all.  I fully support the Purvis’ project proposal.  Commissioner Kincannon, what are your thoughts.  Commissioner Kincannon said after careful consideration, multiple grant options to identify sources of funding, with very little reserves to match funds, to identify a suitable septic drain field location, the cost to install and repair another drain field, after analyzing the budget and ports reserves, the costs involved with building an additional drain field, pumping, supplying and maintaining the public restrooms is no longer monetarily feasible and not an option with the ports limited budget. The proposed solution by the Purvis’ is really the only option for Hoodsport to continue to have a public restroom.

Commissioner Booth asked Commissioner Brazil, what are your thoughts.  Commissioner Brazil said we all agree that the one thing everyone wants, and the town needs is the public restrooms.  The ports revenue and budget does not support its existence, we spent a lot of time researching the options for drain field property and the money it takes to support the required repair and ongoing costs.  The port explored options for two and a half years looking for the best solutions to rebuild a drain field and did its best to look at all feasible options.  We thank the Purvis’ for their generous project proposal to rebuild the drain field at their own cost, and to supply and maintain the public restrooms, as they really are the only solution.  I feel good about this.  Commissioner Booth said I do too and have full faith this is the solution to keep public restrooms in Hoodsport.

Commissioner Booth said I move to recognize the Purvis’ project proposal titled, “Save our Restrooms”, I move to take the necessary steps to respond to the project proposal by adopting the Resolution 2021-1 which outlines the steps the port will take to surplus the public restroom facility.  It includes a bill of sale for the public restroom facility, septic system and drain field to be surplus’d to the Purvis’ at no cost, to terminate the ground lease, terminate the easement and enter into a non-binding access and use agreement. I direct the ports executive director to provide the Purvis’ with the documents to do so and to authorize the ports executive director to sign the paperwork.

Commissioner Kincannon said I agree, I direct the ports executive director to obtain necessary signatures on the Surplus resolution, ground lease termination, recorded easement termination and to declare a surplus of the public restroom facility, septic system and drain field at no cost or consideration since there is no market for the facility and the cost of demolition is greater than the value, and to convey the public restroom facility to the Purvis’.

Commissioner Brazil said I agree to statements made by both commissioners Booth and Kincannon, I direct the ports executive director to itemize and list the property to be sold with a written certification and to adopt the surplus Resolution which itemizes the points discussed.

Commissioner Booth made a motion to adopt Resolution 2021-1, Commissioner Brazil seconded the motion, all in favor say aye, Commissioners Kincannon and Brazil were both in favor, Commissioner Booth stated the motion was carried.

Commissioner Booth moved to adjourn the public hearing meeting, Commissioner Brazil seconded the motion, Commissioner Kincannon moved to adjourn

The public hearing was adjourned at 9:20am

Commissioner Booth said we will now move into the scheduled regular port commission meeting and move back to the regular agenda.

Commissioner Booth    Commissioner Kincannon    Commissioner Brazil

PORT OF HOODSPORT COMMISSION

Resolution 2021-01

A Resolution of the Port Commission of the Port of Hoodsport Declaring Certain Personal Property and Equipment Surplus and Authorizing the Sale and Disposal of Such Property

WHEREAS, the Port of Hoodsport owns certain personal property and equipment as part and parcel of a restroom building in the attached the attached Exhibit “A”; and

WHEREAS, the Port’s personal property is not located on real property owned by the Port and is subject to a Ground Lease Agreement and Easement Agreement with Purvis Investment Properties LLC; and

WHEREAS, said personal property is no longer needed for its intended purpose, or other purposes of the Port; and

WHEREAS, it is the Port’s intention to terminate the Ground Lease and Easement Agreement; and

WHEREAS, the Port has determined that the cost of the removal and disposal of such personal property and the repair of the leased property site to its original state far exceeds the estimated fair market value of such personal property and equipment; and

WHEREAS, the continued use and operation of the restrooms will require significant capital expenditures in repairing, modifying and/or replacing the associated drain fields with the restroom; and

WHEREAS, the cost to for the upkeep, maintenance and supplies for this personal property and equipment is prohibitive and no longer a budgetary priority for the Port’s limited funds; and

WHEREAS, the Port of Hoodsport staff have documented the costs associated with the lack of a market or interest in a used public restroom and further documented for the Board of Commissioners the costs associated with the removal and disposal of the restroom; and   

WHEREAS, the Port has determined that the restroom has no value and may be disposed of without consideration; and

WHEREAS, it is in the best interest of the Port of Hoodsport and the citizens of the District to divest itself of this personal property and equipment; and

WHEREAS, public notice was given, and a public hearing was held by the Port Commission; and

WHEREAS, the Port of Hoodsport desires to surplus said property and dispose of it pursuant to the Revised Code of Washington 53.08; and

WHEREAS, the Purvis Investment Properties LLC desires to accept the restrooms without cost or consideration, and “as- is- where- is”, and without express or implied warranty whatsoever, 

NOW, THEREFORE BE IT RESOLVED, by the Port of Hoodsport Commission as follows:

1.  The Port of Hoodsport Commission finds and declares that the personal property and equipment described herein as surplus to the needs of the Port, no longer needed for Port purposes and it is in the best interest of the Port that they be disposed of and provided at no cost or consideration to Purvis Investment Properties LLC.

• The Port’s Executive Director is hereby authorized to act on behalf of the Port to execute and deliver any and all necessary documents, instruments, and certificates, and take any and all action as may be necessary, appropriate, or required to carry out the terms and provisions of this resolution.

ADOPTED by the Port of Hoodsport Commission, at its meeting thereof held this __14th_ day of ___April_, 2021.

PORT OF HOODSPORT BOARD OF COMMISSIONERS

________________________________

Karen Booth, Commissioner

_________________________________

Lori Kincannon, Commissioner

_________________________________

Terry Brazil, Commissioner

EXHIBIT A TO RESOLUTION

FOR SURPLUS OF

PERSONAL PROPERTY

Ownership comprised of approximately a 400 square foot building, more or less, all improvements, structure, of a restroom facility and supplies

MINUTES FROM THE VIRTUAL REGULAR PORT COMMISSION MEETING

                       OF THE PORT OF HOODSPORT COMMISSION                  

March 10, 2021

Call to Order:   9:00am                                                   Adjourned:  10:17am

Meeting Held at:              Via Zoom Conference Call 

Roll Call:                             Commissioner Booth – Chairwoman

                                                Commissioner Kincannon – 2^nd Chairwoman

                                                Terry Brazil – Trustee                                                                                                               

Staff Present:                    K. Wyatt, Executive Director

                                                B. Osborne – Supervisor of Maintenance

                                                S. Lindgren – Maintenance

Public:                                    Mike & Geri Purvis – Hood Canal Grocery

                                                    Heidi McCutchen – Mason County Chamber

                                                    Annie Bowers – Timberland Regional Library

                                                     Skip Houser – Port Legal Council

Approval of Agenda:  Commissioner Booth made a motion to approve the agenda as written; Commissioner Kincannon seconded; unanimously approved.

Minutes: Commissioner Booth made a motion to approve the regular port commission minutes for February 10, 2021, Commissioner Kincannon seconded, unanimously approved.

Vouchers:  Commissioner Booth made a motion to approve the Voucher for February 26, 2021 in the amount of $5,938.59 Commissioner Brazil seconded, unanimously approved.

Public Communication:   The port director introduced the Port of Hoodsport’s legal counsel Skip Houser.  Mr. Houser is here to walk us through the process on what is required to surplus the public restrooms to the Purvis’.  S Houser prepared draft documents for the Purvis’ to review and expressed that the Port would consider any language they prefer.  M Purvis said, you covered it very nicely, we have a pretty good plan to put it all together.  We have set aside money for the drain field and have a plan with all the pieces arranged just waiting for the go ahead.  We will make it work within the timeline.  S Houser said we will get it all in order, then go through the process correctly to make sure it meets all regulatory and governmental guidelines.  M. Purvis said we have done a lot of research, we have a designer working on the drain field design, we pumped out the septic tank and analyzed that it will be working perfectly. We have talked to the County to cue them in that we would like to have it up and running by July 4^th.  S Houser said you are welcome to reach out to myself or the port director, we will work together.  M Purvis said I think we are on target; the town needs a restroom; we have the solution and several ideas to include people in town into the plan or else we will do it all by ourselves to get it going.  S Houser said the Olympia Farmers market sold pavers and bricks to raise funds.  They called it ‘friends of the market’ and generated money to support the market.  M Purvis said we think tourists may like that idea and get involved in that way. We will advertise and form a business association so all of the businesses can be aware and involved in what’s going on.  Commissioner Booth asked A Bowers if she could report on the progress of the story book trail at the Hoodsport Trail Park. A Bowers said the signs for the story trail are put together and we are ready to start the installation process, pages are double laminated, connected and held to the sign.  The creative services department has created flyers, I will coordinate with the port director to get some to the port.  Commissioner Booth asked if we are still doing the press release? A Bowers said she was waiting until the installation was finished.  Commissioner Kincannon said she could help put brochures at the Visitors center. M Purvis said when it is installed, I would like to take my grand daughters to see it.  A Bowers asked if someone from the port could accompany her to install the signs, I think we need a rubber mallet.  S Lindgren said he would be happy to help, Commissioner Brazil said he would like to be there during the installation. A Bowers said once the frames are in the ground it will be easy to replace the story books.  Commissioner Booth said we look forward to reading these books, we appreciate you, Annie!

Commissioner Reports     Commissioner Booth said she would like to address B Osbornes requests for an hourly rate increase and to make it retroactive.  The port is on a very limited budget, we would have to evaluate and break down the budget in each maintenance category to determine whether the hourly increase request is a possibility.  She asked the port director to compile a breakdown of supplies and maintenance in each of the port’s categories requiring maintenance, so the port commission knows how much is budgeted to spend each month within particular areas.  Commissioner Brazil said we appreciate you B. Osborne, you do a comprehensive job.  Commissioner Brazil said we had an incident with campers at the disc golf course parking lot with an RV and three cars backed into the disc golf course parking area.  I talked to them and told them they couldn’t stay there, they said they were looking for a place to live, I suggested they check with Dow Creek Campground, they said they stayed there four weeks then they moved into the disc golf parking lot.  They were squatters.  I told them; sorry you cannot camp here.  B Osborne, S. Lindgren and the port director all got involved.  B Osborne approached the lady and said they couldn’t camp there, and they put a sign in the window saying they would move, he called the Sheriff. S Lindgren showed up and said the same thing, he waited until they left.  B Osborne called the police back to let them know they left.  Commissioner Brazil said the police have their hands tied on squatters with the current COVID rules, glad it was taken care of it, so it is not an inviting spot for people to stay.  B Osborne said someone brought in large trucks that caused damage to the disc golf parking lot and with the past few storms it made some huge mud puddles. With regrading and gravel to redress the parking area it will be back to new.  Commissioner Brazil said at the last meeting we made a motion to put in a French drain.  B Osborne said it will require a contractor and engineer.  Commissioner Booth asked if there were theft of logs. B Osborne said yes someone has come in and stolen logs at night.  Commissioner Booth asked G Purvis if there would be shrimping in May, G Purvis said fish and wildlife are not ready to give us days yet.

Port Maintenance Reports:  

Hoodsport Trail Park & Disc Golf Park:  

Hoodsport Marina, Dock & Waterfront Park 

Public Restrooms: Currently closed to the public both as directed by Mason County because of a failed drain field and due to the COVID 19 pandemic for health and safety of the public and personnel. An ADA and 2 Portable restrooms with hand washing stations are currently available for the publics use. Portable restrooms are serviced Monday and Fridays in winter months. They are serviced additionally when needed. Maintenance personnel monitors garbage and supplies as needed.

Port parking/Office building/Maintenance shed: B. Osborne and S. Lindgren have Security App’s on their phones to monitor live stream surveillance cameras overlooking the public restrooms, office building, shed, parking lot, waterfront park and the dock.

Port Directors Report

The port director was notified by the ports computer technician when he transferred the ports website, it was down for a 24 hour period but was seamless. The port director relayed a message from the computer technician to Commissioner Kincannon that she was encouraged to contact him to go over the website with him so she could make changes and updates. Commissioner Kincannon said she would definitely like to spruce up the Port’s website.

Governor Inslee extended the Proclamation 20-28-14 OPMA guideline to continue with 25% capacity, Due to the most recent Governor’s mandate, COVID-19 health and safety compliance signs are posted on all port properties for the public’s information and on the office window.  The Port of Hoodsport port commission continues using the ‘Zoom’ virtual chat room venue for regular port commission meetings during the COVID-19 pandemic, the public can request an invite to attend the meetings.  Meeting dates are posted on the port’s website, on Mason TV, in the WPPA newsletter and posted on the port office window. Currently, the public may email the port for an invitation to attend the regular port commission meeting.  The request must be received by 4pm the day prior to the scheduled meeting. 

Budget:                  February financial statements were reviewed

Old Business:        As discussed above        New Business:       None

Next Meeting:          April 14, 2021 a regular port commission meeting will be held via internet in a ZOOM chatroom venue. A public hearing to hear public testimony on the surplus of the public restrooms to Purvis LLC will be held prior to the regular port commission meeting at 9am

Adjourn:      Commissioner Brazil made a motion to adjourn the Regular Port Commission meeting, Commissioner Kincannon seconded, it was unanimously approved, meeting adjourned at 10.17 a.m.

2021 Regular Port Commission Meetings are scheduled as follows:

Wednesday’s at 9am April 14^th  May 19^th June 16th  July 14^th 2021

Commissioner Brazil     Commissioner Booth          Commissioner Kincannon