Sept 9 RM Min

An audio of the meeting proceedings and meeting materials are available on the Port of

Seattle web site -

http://www.portseattle.org/about/organization/commission/commission.shtml

(The approximate point in the audio recording for the specific item is identified by

minutes and seconds; example: 01:30.)

REVISED APPROVED MINUTES (April 14, 2009)

COMMISSION REGULAR MEETING SEPTEMBER 9, 2008

(Revision to Item 5f)

The Port of Seattle Commission met in a regular meeting at 3:00 p.m., Tuesday,

September 9, 2008 in the Commission Chambers at Pier 69, 2711 Alaskan Way, Seattle,

WA. Commissioners Bryant, Creighton, and Tarleton were present. Commissioners

Davis and Hara were absent.

1. CALL TO ORDER

The regular meeting was called to order at 3:02 p.m. by Commissioner John Creighton.

2. EXECUTIVE SESSION pursuant to RCW 42.30.110

The regular meeting was immediately recessed to an executive session to discuss real

estate and legal matters for approximately 40 minutes and reconvened to open public

session.

PLEDGE OF ALLEGIANCE

3. APPROVAL OF MINUTES

(00:00:57) Motion for approval of minutes of the special meetings of August 12 and

August 26 and the special work session of August 19, 2008 – Bryant

Motion carried by the following vote:

In Favor: Bryant, Creighton, Tarleton (3)

Commissioners

John Creighton

Chair and President

Bill Bryant

Patricia Davis

Lloyd Hara

Gael Tarleton

P.O. Box 1209

Seattle, Washington 98111

www. portseattle.org

206.728.3000

Tay Yoshitani

Chief Executive Officer

PORT COMMISSION MINUTES OF THE REGULAR MEETING

TUESDAY, SEPTEMBER 9, 2008 P. 2

Sept 9 RM Min

Commissioners Davis and Hara were absent for the vote.

4. SPECIAL ORDER OF BUSINESS

None.

5. UNANIMOUS CONSENT

(00:01:50) The following items were placed for consideration on the Unanimous

Consent Calendar:

a. Approval of payment of Claims and Obligations for the period of August 1

through August 31, 2008

b. Authorization (1) For additional funds in the amount of $411,000 for

demolition of Building W-40, (2) To execute a partial demolition contract for

Building W-40, (3) To enter into a professional services agreement , as needed, and

(4) For approval of an 11-year term lease with CityIce Cold Storage for Building

W40

Request Document: Commission agenda memorandum dated August 22, 2008 from

Mike McLaughlin, Director, Cruise and Industrial Properties and Rod Jackson, Capital

Construction Project Manager

c. Authorization to advertise for bids and award construction contract for

pollution remediation and berth maintenance dredging at Terminal 18 for

$2,057,000.

Request Document: Commission agenda memorandum dated August 14, 2008 from

Michael Burke, Director, Container Operations and Catherine Chu, Seaport Capital

Construction Manager

d. Authorization to conduct an environmental review and apply for permit

authorizations for Terminal 5 maintenance dredging for $480,000

Request Document: Commission agenda memorandum dated August 14, 2008 from

Michael Burke, Director, Container Operations and Catherine Chu, Seaport Capital

Construction Manager

e. Authorization to execute First Amendment to Signatory Lease and

Operating Agreement with Virgin America

Request Document: Commission agenda memorandum dated August 7, 2008 from

James R. Schone, Director, Aviation Business Development and Luis Navarro, Manager,

Aviation Properties

PORT COMMISSION MINUTES OF THE REGULAR MEETING

TUESDAY, SEPTEMBER 9, 2008 P. 3

Sept 9 RM Min

f. Authorization to execute (1) Cleanup and regulated materials abatement at

Angle Lake School for $518,000, (2) Design work associated with abatement of 2

other buildings at Angle Lake School site for $11,000, (revision, April 14, 2009) and

Design work necessary to demolish remnants of building site for amount of $18,000.

Request Document: Commission agenda memorandum dated July 29, 2008 from James

R. Schone, Director, Aviation Business Development; Robert F. Riley, Director, Aviation

Capital Improvement Program and W. Allan Royal, Manager, Acquisitions and

Relocation

g. Authorization to execute Extension Agreement with King County Building

Construction Trades Council

Request Document: Commission agenda memorandum dated August 19, 2008 from

Gary Schmitt, Director, Labor Relations

h. Authorization to execute Extension Agreement with International

Brotherhood of Electrical Workers Local 46, representing Electricians

Request document: Commission agenda memorandum dated August 19, 2008 from Gary

Schmitt, Director, Labor Relations

i. Authorization to execute Extension Agreement with International

Brotherhood of Teamsters Local 117, representing Police Specialists

Request document: Commission agenda memorandum dated August 19, 2008 from Gary

Schmitt, Director, Labor Relations

j. Authorization to execute Extension Agreement with International

Brotherhood of Teamsters Local 117, representing ID Access Specialists

Request Document: Commission agenda memorandum dated August 19, 2008 from

Gary Schmitt, Director, Labor Relations

k. Authorization to execute Extension Agreement with International

Brotherhood of Teamsters Local 117, representing bus drivers

Request Document: Commission agenda memorandum dated August 19, 2008 from

Gary Schmitt, Director, Labor Relations

Following Commission discussion of use of the Unanimous Consent calendar, it was

decided that the items proposed at this time were appropriate, but that a public discussion

should take place with all 5 Commissioners weighing in on its use in the future.

Motion for approval of Unanimous Consent items, as listed – Tarleton

PORT COMMISSION MINUTES OF THE REGULAR MEETING

TUESDAY, SEPTEMBER 9, 2008 P. 4

Sept 9 RM Min

Prior to the vote, Mr. Burke provided clarification to questions from Commissioner

Creighton regarding Items 5c and 5D regarding maintenance dredging at Terminals 5 and

18.

Motion carried by the following vote:

In Favor: Bryant, Creighton, Tarleton (3)

Absent for the vote: Davis, Hara

6. POLICY AND STAFF BRIEFINGS

a. (00:20:47) Audit Response Update

Presentation Documents: Commission agenda memorandum dated September 9, 2008

from Dakota Chamberlain, Special Assistant to Managing Director and computer slide

presentation titled, “Audit Response Action Plan Update to Commission.”

Presenters: Mr. Chamberlain and Janice Zahn, Assistant Engineering Director,

Construction

Topics reviewed:

 Work Completed

 Action Plan Timeline

 Next Steps

 Construction Schedules

 Compliance History

 Benchmark History

 Training History

Commissioner Tarleton suggested that it would be helpful to have staff report each month

or so on one or two responses to the audit, informing the commission how the Port is

implementing proposed changes.

Commissioner Tarleton also stated she would appreciate having ongoing status reports of

employee ethics training as well as training in other areas in response to the audit, and

also how much is being spent on training.

It was suggested by Commissioner Tarleton that an audit response update be provided to

the Commission Audit Committee in October.

b. (00:32:15) Terminal 30 and Terminal 91 Construction Field Progress

PORT COMMISSION MINUTES OF THE REGULAR MEETING

TUESDAY, SEPTEMBER 9, 2008 P. 5

Sept 9 RM Min

Presentation Documents: Commission agenda memorandum dated September 2, 2008

from Michael Burke, Director, Container Operations and Fred Chou, Capital

Construction Project Manager and computer slide presentation titled, “Update on

Terminal 30 Container Reactivation and Terminal 91 Cruise Terminal Relocation

Project”

Presenters: Mr. Burke and Mr. Chou

Within the presentation, photos were shown, reflecting progress of the project over the

previous several weeks.

c. (00:41:06) Capital Improvement Projects Report for Second Quarter, 2008

Presentation Documents: Commission agenda memorandum dated August 22, 2008 from

Janice Marsters, Assistant Director, Aviation Capital Improvement Program; Curtis

Stahlecker, Manager, Seaport Project Management; and Peter Garlock, Chief Information

Officer; computer slide presentation titled, “Capital Improvement Projects Second

Quarter Report 2008, and report titled, “Capital Improvement Projects Second Quarter

Report 2008.”

Presenter: Ralph Graves, Managing Director, Capital Development Division

Topics reviewed:

 Aviation Division

o Projects with Favorable Variances

o Projects with Reportable Variances

 Seaport Division

o Projects with Favorable Variances

o Projects with Potential Reportable Variances

o Projects with Reportable Variances

 Corporate Division – Information and Communications Technology

o Reportable Schedule Variances

7. MARINE ITEMS

a. Authorization to execute second amendment to lease with SSA Terminals for

Terminals 25 and 30, adding 16 acres of Terminal 25 South to the leased premises –

ITEM WITHDRAWN

b. (00:53:31) Authorization to execute the Sixteenth Amendment to Lease with

Seafreeze Limited Partnership at Terminal 115, Landlord Estoppel, and Consent to

Assignment between Seafreeze LP and Americold Seafreeze LLC

PORT COMMISSION MINUTES OF THE REGULAR MEETING

TUESDAY, SEPTEMBER 9, 2008 P. 6

Sept 9 RM Min

Request Document: Commission agenda memorandum dated August 29, 2008 from

Michael McLaughlin, Director, Cruise and Industrial Properties and Greg Englin,

Business Development and Real Estate Manager

Presenter: Mr. Englin

Motion for approval of Item 7b, with the condition that Seafreeze assign the lease to

Americold, or else return to the Commission - Tarleton

Motion carried by the following vote:

In Favor: Bryant, Creighton, Tarleton (3)

Absent for the vote: Davis, Hara

8. AVIATION ITEMS

a. (00:56:50) Authorization to (1) Transfer $4,591,000 from Non-Aeronautical

New Projects to the 4

Floor Improvements Project for a total of $8,991,000, (2)

Prepare design contract documents and execute professional service agreements for

the pedestrian walkway for an additional $366,000, bringing the total authorization

to $4,766,000, and (3) Advertise the contract and evaluate bid proposals for the

pedestrian bridge as part of the 4

Floor Improvement Project for an additional

$2,274,000.

Request Document: Commission agenda memorandum dated August 28, 2008 from

Michael Ehl, Director, Airport Operations and George England, Program Leader,

Aviation Program Management

Presenters: Mr. England and Paul Grace, Senior Manager, Airport Operations, Landside

Motion for approval of Item 8a – Tarleton

Motion failed by the following vote:

In Favor: Creighton, Tarleton (2)

Opposed: Bryant (1)

Absent for the vote: Davis, Hara (2)

9. CAPITAL DEVELOPMENT

None.

PORT COMMISSION MINUTES OF THE REGULAR MEETING

TUESDAY, SEPTEMBER 9, 2008 P. 7

Sept 9 RM Min

10. REAL ESTATE

None.

12. NEW BUSINESS

Prior to adjourning, Commissioner Creighton stated again that he would like to see on the

September 23 agenda, a discussion of the future use of the Unanimous Consent Calendar.

13. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:38 p.m.

(A digital recording of the meeting – in two parts - is available on the Port’s website.)

___________________________