Port of Bandon

Regular Commission Meeting

April 22, 2010-5pm

Bandon Public Library

Bandon, Oregon

Commissioners present: Donny Goddard, Reg Pullen, Steve Martizia, Rick Goche,

Robert S. Miller III

Staff: Gina Dearth, Trudy Spanier, Bob Dearth

Guests: Dawn Williams, Lachlan Miller, Matt Winkel from City of Bandon

Media: Steve McCasland of Bandon Western World

President Goddard brought the meeting to order at 5:02PM. Commissioner Martizia moved to approve the consent calendar, seconded by Commissioner Miller and passed unanimously.

Gina Dearth introduced city manager Matt Winkel to address the public restroom issue. He began by saying that for the past 3 years the City of Bandon has included a public restroom project within their urban renewal budget, and are holding the amount of $133,000. for possible use with the idea of creating more locations for bathrooms. The Old Woolen Mill previously had been a possible location, but the Old Town Merchants feel that higher usage would be near First and Second Street. One possible location would be the Chamber of Commerce parking lot, and at this time, the construction of a restroom is not a problem. The ongoing maintenance is approximately $20,000. per year, and the merchants were approached to help with this maintenance but were not immediately receptive. The issue has grown into a signage issue with the city and the old town merchants and at this point the restroom project has become a placeholder in the city’s budget for later until they can sort out just how to fund the maintenance. Commissioner Miller said he had attended an informal port tenant meeting where many of the people were quite concerned about restroom issues. He went on to volunteer to chair a “Septic Summit” which he hoped would include representatives from the city, port, and Old Town Merchants to see if these details can be worked out. Commissioner Pullen stated that lack of parking and restroom facilities has long been a limiting factor in Bandon’s development. He suggested that the tour buses be directed to the restrooms and parking at the south jetty, but agrees that more cooperation with merchants is needed. Commissioner Martizia added that actually this is a “good problem” to have because it means the number of visitors to our area is increasing. Commissioner Goddard feels that the merchants need to pitch in to help with this maintenance.

Gina Dearth reported that a security grant from Special Districts has made it possible for the port to purchase a heart defibrillator and members of the port staff as well as some of the boardwalk tenants are now working on getting a special CPR instructor who works at the hospital to teach a class on how to use the defibrillator and get re-certified. The grant pays half of the expense of the defibrillator, and helps the port comply with the new law requiring its use. Next will be the choice of location for the defibrillator during summer months when the tourist season is so busy.

Wednesday, April 28^th at 3:45pm the port will host the annual Army Corps. of Engineers visit from both local and Portland representatives. Ms. Dearth will be in Brookings that same day for OPPA Meetings that begin at 9AM and hopes to make it back to Bandon in time, but would appreciate having two commissioners for that meeting with the Corps. Both Commissioners Martizia and Miller are interested in attending, as Commissioners Pullen and Goche both have Marine Reserves meetings that day. Hopefully there will be news for us on the annual dredging and federal stimulus money.

Ms. Dearth went on to say that the port had been contacted by ODFW and Coquille Watershed about a project for “hazing cormorants” on the lower Coquille River. Evidently a small boat would be firing some noise devices to deter the cormorants from perching on the pilings above the bridge where they hunt the smolts. The US Fish and Wildlife are greatly concerned that this hazing would be a major factor in disturbing migratory birds that are nesting in that area. Ms. Dearth said that there are two kinds of cormorants the double crested and the Brandts. The ones that are a problem for our area are the Brandts. They stay mainly upriver by Rocky Point boat ramp. The U.S. Fish and Wildlife has suggested that perhaps a better way to spend this money ($5000.) taking an inventory of the rookeries, and looking for a less intrusive way to control the cormorants. Commissioner Goddard has heard of other places spraying PAM on the eggs of the nesting cormorants so that it interferes with the hatch. Commissioner Pullen agrees that perhaps the best action for the first year is to find the rookeries and look at other possibilities for control. Gina Dearth is agreeable and wants to respect the U.S. Fish and Wildlife and other shorebirds. Commissioner Pullen wants to plan carefully in advance of the cormorant hatch, as they get very aggressive while feeding their young.

Ms. Dearth attended a recent Bandon Economic Development meeting, and she is hopeful that this group is rallying for a purpose. They have purpose and mission statements as follows:

PURPOSE: The purpose of the Economic Development Committee is to bring together appropriate community leaders to support and help fulfill the mission of the Committee through facilitation, relationships, and partnerships.

MISSION STATEMENT: To foster the development of economic opportunity for business, sustained employment for our community and to reinforce the quality of life in Bandon.

Ms. Dearth was told an entity who has ties to Bandon has inquired about cheese making here. Economic Development was very interested in that.

Another recent matter for Port of Bandon is a request by a moorage holder for the addition of a security gate at the top of the gangway to the marina. She previously had the idea that because the port was a public entity a gate was out of the question, but when she polled the Pacific Congress of Harbormasters online, many of the marinas had gates that were closed only after 10PM. Commissioners Goddard and Goche both were against having a gate, instead Commissioner Goddard would like to see a camera at the top of the gangway. The port previously had one mounted there but it was torn off by vandals, so Ms. Dearth is looking into alternate positions for a security camera. The port now has 5 cameras but none that are long range to be able to identify individuals at the head of the gangway.

Ms. Dearth went on to say that the appropriations money for the Corps. study seems to be on its way again, but the details will not be known until after the annual Army Corps of Engineers visit to the port on Wednesday. She hopes to draft a letter to Congressman DeFazio for his successful efforts to get this funding back again. The Harbor Maintenance Tax is imposed on Importers and domestic shippers and is to be used for operation and maintenance of the Army Corps. of Engineers. There is a movement in the works to free up those dollars so that the Corps doesn’t have to lobby for every project. Commissioner Miller is very interested dredging and stated that freeing up that money would solve a lot of problems.

Next on the agenda was applications for the port budget committee position vacated last year by Kurt Smith of Coquille. Two applicants are from Bandon, and the third is a resident of Coquille. Discussion of the applications ensued, then the question was posed by Commissioner Miller as to the composition of the current four members’ residence. Ms. Dearth said that all four of the other members resided in Bandon. There were no Coquille or Myrtle Point members at this time. Commissioner Miller moved to accept Coquille resident Dennis Graham’s application. This was seconded by Commissioner Goche and passed unanimously.

Gina Dearth then spoke of the nomination of Port of Bandon by Bob Bailey for the Walter B. Jones Award: Excellence in Local Government. The results will be known at the end of May.

Port staff also attended the Old Town Sidewalk public meeting held on May 24^th in the City of Bandon Council Chambers by all entities involved in the archaeology and construction of the First Street sidewalks. The meeting was quite interesting. Commissioner Pullen feels that the media did a good job of coverage. He expects significant findings that will reveal Bandon’s rich history. Gina Dearth met again on Wednesday morning with Dyer, public works, Knife River and the new owners of the Phoenix restaurant. Ms. Dearth feels that there will only be about 10 days of major disruption on the west end of First Street.

Last item of the port staff report was a port letter to Mike Gray of ODFW regarding the upcoming season and the fish waste disposal that will be necessary to comply with Oregon Dept. of Environmental Quality. As of the meeting, he did not reply.

There being no other items to discuss, President Goddard adjourned regular session at 5:50 and announced a 5 minute break prior to commencement of Executive Session.

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Commissioner Goddard convened regular session at 6:20 pm. He again stated his conflict of interest and why he would abstain from voting. Gina Dearth read aloud the payment schedule of the agreement drafted by the Port of Bandon attorney Harlan Jones.

1. Payment. Port shall pay to Dulcich, Inc. the sum of Three Hundred Forty Thousand Dollars and no cents ($340,000.00) as follows:

2.1 $100,000.00 shall be paid within thirty (30) days of execution of this Settlement Agreement by the Defendants.

2.2 $100,000.00 shall be paid on or before November 1, 2010; and

2.3 $140,000.00 shall be paid on or before November 1, 2011.

Commissioner Miller made a motion to accept the above draft Settlement Agreement,

seconded by Commissioner Martizia and voted on by all other commissioners except

Commissioner Goddard, passing unanimously.

Meeting was adjourned by Vice President Pullen at 6:29PM.

Submitted by Trudy Spanier