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From the Washington Public Ports Association |
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October 2010 |
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Upcoming Events October
21-22, 2010 November
16, 2010 November
17-19 Have You Checked Out HistoryLink.Org Yet? Legislative Issue Talking Points Important Reminder: Public Works Contracts Language Critical Infrastructure Interdependencies Workshop GOVERNMENT WARNING: Logging onto www.HistoryLink.org is hazardous to any project you had planned for the next two hours.
Thanks to ports’ contributions, the staff and writers of HistoryLink have completed on-line histories of twenty ports, and more are being added nearly every week. In addition, four in-depth histories on our port community have been completed and make fascinating reading for all. The general history of our ports is posted in two parts; one for 1911 up through World War II, and one for 1945 to the present. There are also three additional essays completed, one on our airports, a second on our deep-draft marine ports and a third on ports and the environment. Additional in-depth essays are in production on the formation of port districts, the Columbia-Snake River system, marinas and public access to the waterfront, jobs and economic development. These essays will be completed by the end of this year. HistoryLink expects the individual histories of all 75 of Washington’s ports to be completed by the Spring of 2011. This comprehensive web site also includes a new map interface that allows geographic searches, and which links ports on a map to county and many city histories. When the Centennial Project is completed, every one of Washington’s Ports will be represented on this map, along with our state’s cities and towns. There is even a cell phone app that accesses maps and essays that can be downloaded for free for iPhone and Android users – just search PastMapWa on your device! One key to the success of this project so far is the tremendous support and cooperation that WPPA’s members have shown to the HistoryLink staff and writers. “We deeply appreciate all of the information and assistance” said Kit Oldham, Staff Historian of HistoryLink. “We cannot do this without you.” So, from the staff and officers of the WPPA: Go visit HistoryLink and see our amazing stories. Tell your friends, and the schools in your community, about this resource. Its free and it is fun! But be warned: logging on to this site can be hazardous to whatever you had otherwise planned to do for the next few hours … its addictive! Public Records Act One of the problems with our current Public Records Act is that government can be punished even when trying to do the right thing. Currently, a public records requester can discover that an agency has made an error in fulfilling a PRA request, yet say nothing to the agency and delay filing a lawsuit for 364 days, increasing their collection of monetary penalties. Consequently, even if the agency recognizes the error, and provides the record, the court has no option but to award the entire 364 days of penalty fees to the requester at a minimum of $5 per day for every record in dispute. This “gotcha” game has caught on with some harassing requesters, and has resulted in a significant outlay of the public’s money from even the most diligent agencies when innocent mistakes have been made. In 2011, ports and other public agencies will again be coordinating efforts to move forward a piece of legislation that was first introduced in the 2010 legislative session. The “meet-and-confer” bill will create a non-mandatory opportunity for requestors and agencies to meet to discuss issues relating to a records request dispute, prior to time-consuming and costly litigation. The proposal would: · Establish a procedure for a requester of a public record and an agency to confer on disputes prior to filing court action. · Allow conferences to take place in person, or by phone. · Require that legal action not commence until 15 days after the conference in order to allow time to address issues raised in the conference. · Allow an action to go forward whether or not a conference was held, with the party filing suit being required to provide certification either that a conference was held, or giving the reasons a conference was not held. · Allow the court the discretion to reduce or eliminate an award for costs, including daily penalties in cases in which a conference was not held or where an action was filed prior to the end of the15 day waiting period. The Attorney General’s office is also introducing legislation to attempt to address the same problem. However, the AG’s bill would create a new Office of Open Records, and while we may be supportive of the concept, it seems unlikely that the current political climate would enable the creation of a new state agency. Therefore, we will encourage legislators to support our “meet and confer” proposal as a means of leveling the playing field, and protecting taxpayer dollars, all the while improving efficiency and transparency in government. If you have questions about the “meet and confer” proposal, or would like a copy of the proposed language, please contact Ginger Eagle at (360)943-0760 or geagle@washingtonports.org As a result of the passage of EHB 2805 last legislative session, ports (and all other public owners) are required to provide additional language to public works contracts for projects exceeding $1 million, with an exemption for local transportation projects. You can find sample contract language on our website at http://www.washingtonports.org/downloads/sample%20contract%20language%20for%20off-site%20prefab%20non-standard%20items.htm. The Washington State Homeland Security Region 6 Critical Infrastructure Protection Work group is sponsoring an Infrastructure Interdependencies Workshop for security and operational managers of regional critical infrastructures, suppliers, manufactures, businesses and other interested stakeholders. This workshop will highlight the importance of all-hazards supply chain resilience to regional manufacturing and the broader business community. The Workshop will provide participants an opportunity to learn about and discuss supply-chain-related continuity challenges with manufacturers and business leaders. A key objective of the Workshop is to identity priority supply chain resilience needs and potential areas of improvement to strengthen the region’s ability to rapidly recover from significant incidents and disasters. Participants will also be provided the latest information on all-hazards communication and information sharing initiatives and mechanisms, including social media, and discuss how an effective, integrated regional communication and information sharing strategy could be developed that includes the business community. Assuring
and Sustaining Regional Supply Chain Resilience: Thursday, November 4th, 2010 8:00 a.m. to 4:00 p.m. Hilton Seattle Airport Conference Center 17620 International Blvd Seattle, Washington 98188-4001 Registration is free. However, space is limited and you must be complete your registration on or before November 1st, 2010. Registration can be done online at http://tiny.cc/Interdependencies. If you have questions about the Workshop, please contact Steve Myers at steve@pnwer.org or 206-443-7723. Need funding for boating facilities, backcountry trails, or firearms and archery ranges? The Washington State Recreation and Conservation Office (RCO) is accepting applications in December 2010 for the following programs:
Applications for these three programs must be submitted by January 10, 2011. Learn More at Workshops RCO will host three workshops in November to give you details about the different grant programs available, allowable grant projects, eligibility requirements, and grant program requirements. Please save one of the following dates. November 3, 2010 – Wenatchee (NOVA only) November 8, 2010 – Olympia (BFP, FARR and NOVA) November 10, 2010 – Eastern Washington (BFP and FARR) You must register for the workshops by October 20, 2010. Also Running…. Online workshops will be available in February for the following programs: For additional information about RCO, please visit their website or contact Tauren Ibarra at (360) 902-3013. The Federal Railroad Administration announced funding availability of $20.5 million for rail line relocation and improvement projects. State and local governments are eligible for funds, and applications are due on October 29, 2010. For more information see: http://edocket.access.gpo.gov/2010/pdf/2010-22652.pdf Liquor Privatization Initiatives By Rich Yukubousky, Executive Director, Municipal Research and Services Center MRSC left "bone dry" Between 1945 and 1999, the motor vehicle excise tax was the fund source that cities used to fund services received from the Municipal Research and Services Center (MRSC). That era ended when the voters passed Initiative 695, abolishing the motor vehicle excise tax. Although Initiative 695, which repealed this tax in 1999, was found unconstitutional, the 2000 legislature decided that the people had spoken and repealed this tax, replacing it with a $30 license fee.1 Cities urged the legislature to continue funding MRSC and to replace funds lost with a small fraction of the cities’ distribution of liquor profits. This year there are two initiatives that could adversely affect local government funding, including most of the monies used by MRSC to provide services to cities and counties. The purpose of this brief article is to alert local officials that our funding is once again at risk and that we will be seeking an alternative way to fund MRSC if one or both of these initiatives pass in November. This article is provided for informational purposes in response to questions received from local officials. It is not intended to express support or opposition to the initiatives. Liquor Receipts – Profits and Taxes Since cities and counties are responsible for the policing of liquor establishments located within their limits but are precluded from taxing them because of the state liquor monopoly, state law provides that a share of the state-collected profits and taxes be returned to cities and counties to help defray policing costs. Liquor board profits consist of the difference between revenue generated by the Washington State Liquor Control Board and the board’s expenditures, specific revenues collected for a dedicated purpose, and administrative fees attributable to specific licensees that serve hard alcohol. Revenues are generated from sales at state liquor stores, taxes collected on wine and beer manufacture and distribution, licensee fees, alcohol related permit fees, penalties, and forfeitures. Liquor profits are divided among the state, counties, and cities. Fifty percent goes to the state general fund, 10 percent goes to counties, and 40 percent goes to cities. The county and city amounts are distributed on a per capita basis on the last days of March, June, September, and December. An additional small amount is distributed to border cities and towns and Point Roberts. The state receives 65 percent of the liquor excise tax collections, with cities getting 28 percent and counties getting 7 percent. These funds are distributed on a per capita basis on the last days of January, April, July, and October. How would the initiatives impact these distributions? I-1100 would maintain the liquor excise tax but would repeal the liquor profits distribution, because the system would be privatized and profits would go to the retailers. I-1105 would remove both the liquor excise tax and liquor profit distributions. I-1105 has intent language in Section 101(1) that the privatization of liquor sales and distribution "not result in revenue losses to state or local governments" and then more prescriptive language in Section 101(3) directing the Liquor Control Board to recommend to the legislature "a rate of taxation that, along with other spirits-related revenue sources, would project to generate at least the same annual revenue for the state and local jurisdictions as under the current state control system…" Note that if I-1053 were also to pass, it would be far more challenging to enact new or replacement tax rates on liquor sales. I-1053 would require a two-thirds affirmative vote by the state legislature to adopt new taxes or user fees. What are the impacts on local government? According to estimates in MRSC’s Budget Suggestions for 2011, the distributions of liquor profits and excise taxes to cities and counties are as follows: The Office of Financial Management is required to develop a fiscal impact note detailing the way an initiative impacts state and local governments. The fiscal note for these initiatives was due by August 10, 2010. MRSC Funding Nearly all the funding for MRSC is derived from liquor profits and taxes. The city portion of MRSC’s programs and services is funded from a small share of the cities’ distribution of liquor profits, and the county program is funded from the counties’ share of liquor excise taxes. You might ask why MRSC is funded in this manner. The conceptual approach that has been used historically to fund MRSC is to tap a fund that is collected by the state and distributed back to local government. This produces a program that is owned by local governments for the purpose of meeting critical needs of local government. An appropriation is made to a state agency – formerly the Municipal Research Council and now the Department of Commerce – to contract for the provision of specified services by a qualified provider. MRSC, and its predecessor, the University of Washington Bureau of Governmental Research, has been that provider for 76 years. This approach insures that all cities and counties share in the funding of services. If one or both of these initiatives pass, MRSC will need your support. They are currently identifying options to fund MRSC, and if you have any suggestions, please pass them on. We think that MRSC is a model of government efficiency: • By pooling resources, local governments gain access to services they could not afford to provide alone. MRSC is a national model of intergovernmental cooperation providing efficient, shared services. • MRSC saves money for local governments in Washington State by providing quality and expert advice and research. • Liability is reduced through timely advice. • MRSC serves as a clearinghouse for examples of successful solutions, saving local government time and money while enhancing the quality of local service delivery. Foreign Trade Zone Creates Opportunity with New Program Feature The Port of Seattle is pleased to announce a new development in its Foreign Trade Zone (FTZ) that can benefit businesses in King County. The U.S. Department of Commerce recently approved the port's request to reorganize its FTZ under the new Alternative Site Framework (ASF) program, a more efficient process that requires less paperwork. "This new trade feature can bring new economic opportunity to local businesses," said Port of Seattle Commissioner Rob Holland. "With today's economy, we need every competitive advantage we can get in order to help create jobs." Companies can now enjoy the competitive advantage of securing Foreign Trade Zone status for warehousing and distribution operations within around thirty days from the time an application is accepted for filing. This is a much faster time frame than previously available. Manufacturing companies may also benefit from additional streamlined procedures. The Port of Seattle is one of the first ports in the United States to secure this option. "This new FTZ option will help companies level the playing field with competitor operations in overseas markets. It is a game changer," said Scott Taylor, partner with Miller and Company P.C., the port's attorney for this application and national FTZ expert. PortofGraysHarbor.com Launches Worldwide Vibrant photos of the Port of Grays Harbor facilities and services provide the visual framework guiding users through the recently updated PortofGraysHarbor.com. Officially launched this week, the improved website makes navigating through the information quick and easy and the new site is compatible with most mobile browsing devices. Developed with the user in mind, the website features intuitive navigation menus, easy links to information from section to section all supported with up-to-date information such as vessel schedules, newsletters, tariffs and commission agendas. “With a deep-water shipping operation, industrial property leasing, a full service marina and an airport, the Port of Grays Harbor is many things to our customers and community,” noted Executive Director Gary Nelson. "We also recognize that our clients, potential clients and citizens are accessing information at all times, in all time zones. PortofGraysHarbor.com addresses these needs in a clean, easy but informative manner." Development of the website was a collaboration between port staff and the design and programming team of Shelli Hopsecger and Marc Sterling of Coast Controls & Automation, Inc and Sterling Digital, respectively. Sheldon to Lead Port of Bellingham The Port of Bellingham’s Board of Commissioners selected Charlie Sheldon as their top choice for the executive director position. “I believe Charlie Sheldon is the person we need at this time because of his breadth of experience in so many elements of the port industry,” said Commissioner Scott Walker before the unanimous vote. “I really think that he is the guy we’ve been looking for.” Sheldon has been with the Port of Seattle since 1990, working in a number of divisions. He currently is in charge of Special Projects as part of the Executive Team. Previously he was the Managing Director of the Seaport Division for seven years. He also was heavily involved with the SeaTac third runway project while he was the Director of the Capital Improvement Program in the Aviation Division. He earned a Bachelor of Arts at Yale University in Connecticut and a Master's of Science at the University of Massachusetts. Port of Olympia Creates Economic Development Pilot Program The Port of Olympia Economic Development Corporation (Port EDC) has created a pilot program that offers seed money to Thurston County’s small cities for economic development projects. A qualifying project must spur the city’s economy and have an equal match from the city. Beginning in 2011, small cities may submit multiple proposals during January and February to the Port of Olympia Finance Director for screening and prioritization. The Port EDC Board of Directors will make the annual award or awards no later than May 15 of each year. Each partner city has until the end of the calendar year to spend project money and submit paid invoices to the port for reimbursement. Thurston County cities that qualify for the program are incorporated as cities or towns with populations of less than 10,000; these include Bucoda, Rainier, Tenino and Yelm. The number and value of individual awards may vary from year to year, depending on the availability of Port EDC funds and the proposals submitted. The current EDC fund balance is approximately $53,000. Given that this is a pilot project, the Port EDC Board expects to evaluate the program as it progresses. Bellingham International Airport Runway Project Completed On-Time Despite unseasonably wet weather, workers were able to complete the Bellingham International Airport’s $29 million paving project on time and flights resumed as scheduled on Sept. 22. The Port of Bellingham closed the runway on Aug. 31 and launched a three week, 24-hour-day construction and paving operation. During that time, Icon Materials of Tukwila and more than two dozen local subcontractor businesses worked on this project that included distributing 174,000 tons of asphalt onto the runway and taxiways. The crews repeatedly had to suspend work when it was raining. But they completed the runway paving operations on Saturday. This $29 million project is the largest construction project in the 90-year history of the Port of Bellingham. An estimated 250 skilled trades people worked on this project including many from Whatcom County. The FAA paid for 95 percent of this project, with the remaining amount coming from passenger fees collected at the Bellingham airport. This was the first major repair work done to the runway since it opened in 1941. The project will improve both the runway and the taxiways to provide stronger surfaces, better drainage and the ability to serve larger aircraft. After re-opening, the runway will be able to accommodate Boeing 757s. This project began in April 2010 and will continue for a few more months with additional paving and finishing work occurring on portions of the taxiways. As this huge paving operation wraps up, the port will turn its attention to the Commercial Air Terminal. The port plans to launch a $30 million multi-year terminal expansion project that will result in a terminal that is three times the size of the current facility. The port Commission is expected to award a bid on the $7 million first phase of the terminal project later this fall. Port of Tacoma Hires New Chief Commercial Officer The Port of Tacoma has named Don Esterbrook as chief commercial officer, a new position to lead the Port’s operations, commercial strategy and asset management. Esterbrook has 23 years of maritime industry experience, with 10 years in senior leadership. He has worked for Orient Overseas Container Line, known as OOCL, since 1994, most recently, as regional sales director for nine western states. His other OOCL roles have included president and general manager of operations in the Philippines, director of business development for the company’s Cargo Smart organization and regional sales manager for the Pacific Northwest region. “Don’s strong commercial background, exceptional leadership credentials, overseas experience and relationships with customers locally and abroad will make him an outstanding addition to the Port’s leadership team,” said John Wolfe, the Port’s chief executive officer. Wolfe created the new chief commercial officer position to more closely align the Port’s operations, commercial lines of business, and real estate and asset management. Esterbrook holds a bachelor’s degree in business administration, with a computer science minor, from Pacific Lutheran University. Skagit Regional Airport Growing WSDOT Grant The Port of Skagit received a $55,182 grant from the Washington State Department of Transportation’s Airport Aid Program to fund a portion of the upcoming Runway 10-28 Rehabilitation and Wildlife Fencing project at Skagit Regional Airport. The Runway 10-28 project, which is planned in two phases, will bring the airport’s main runway up to Federal Aviation Administration standards and make it more compatible with aircraft currently using the airport. FAA will provide 95 percent of the funding for the full project, including engineering and project management. The WSDOT grant further reduces the port’s cost of building the project. Phase One is expected to begin later this year and be completed in 2011. Construction will replace the runway’s failed under drain system with a new system located outside the boundaries of the runway pavement. Then a 2-inch-thick maintenance overlay, compatible with the pending crown conversion, will be placed on the runway to limit further deterioration of the surface. The second phase of the Runway 10-28 project, likely taking place during the summer of 2012, will convert the runway’s shed section into a crown section, shifting the highest part of the runway from the northern edge to the centerline. New Eatery In addition, a new restaurant, The Kitty Hawk Café, opened on the flight line at the Port of Skagit airport. The Kitty Hawk Café is located in the two-story building that housed the Crosswinds Restaurant before it closed in July 2007. The port later bought the building, and it had been vacant since then. Extensive renovations were required to attract the new café and bring the building back up to code. Improvements, costing more than $100,000, included new HVAC equipment, kitchen improvements, new paint, new carpets and more. Port Commissioner Kevin Ware, himself a veteran pilot, said he considered it a priority to have an operating restaurant at the airport. Not only does the restaurant expand eating choices for tenants at the airport and business park, but it also will attract visiting pilots who might fly in for a meal but also fill up with fuel, arrange to have their airplane serviced or even decide to rent tie-down or hangar space at the airport. Two Join Port of Moses Lake Staff With the retirement of Bonnie Lamb, the Port of Moses Lake hired Michelle Bieda to serve as finance manager and administrative assistant. Bieda comes from a Western Washington vending company and has experience and knowledge with the QuickBooks computer program and is working toward being a certified public accountant. The port also hired Tiffany Vela as administrative assistant. She previously worked for an airline and a construction company. Senior Director, Facilities Development, Port of Tacoma © 2006 Washington Public Ports Association. All rights reserved PO Box 1518 * Olympia, WA 98507 |
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