Vote on marina sale postponed

LANGLEY — A sale of the city marina to the Port of South Whidbey was put on hold this week after Langley’s lawyer said he wanted to take a closer look at the deal. The Langley City Council was expected to vote on the sale Wednesday night. But the port’s much-anticipated purchase of the property was put on ice after city attorney Dale Roundy said he needed to closely examine the contract covering the sale.

LANGLEY — A sale of the city marina to the Port of South Whidbey was put on hold this week after Langley’s lawyer said he wanted to take a closer look at the deal.

The Langley City Council was expected to vote on the sale Wednesday night. But the port’s much-anticipated purchase of the property was put on ice after city attorney Dale Roundy said he needed to closely examine the contract covering the sale.

Councilman Paul Samuelson, who has led negotiations on the marina sale for the city, said he had hoped to put the offer to a vote. But Samuelson told his fellow council members the agreement between the port and the city on the sale needed further legal review.

“I had to pull that back because of concerns over the language,” he said.

The city offered to sell its small boat harbor to the port in August, but port commissioners have expressed repeated concern over the long time it’s taking to seal the deal. The port has agreed to buy a $350,000 floating dock from Bremerton, but wants the property purchase finalized before the breakwater is shipped to Langley’s small boat harbor.

Port commissioners later said they were disappointed that Langley officials did not vote on the agreement.

“There is no reason they can’t commit to the intent of the agreement,” said Port Commissioner Lynae Slinden. “Our deadline is March 31, to move forward with the costly and detailed engineering and permitting work for the breakwater, but we’re extremely reluctant to take action without a signed agreement.

“This is serious business for us, for them and for the taxpayers of South Whidbey,” she said.

“I personally wanted an up-or-down vote; we can always amend the agreement down the road,” said Port Commissioner Geoff Tapert.

“It’s unfortunate that this took longer than it should have. Maybe it’s time for the port to begin focusing our energies elsewhere,” he added.

The sticking point in the sale has been the price tag.

Langley has said any sale has to pass outside review, and city officials have also pointed to the marina revenues the city will lose from its budget once the property is sold.

Port commissioners, however, have said the marina is actually a financial liability that will require an investment of several hundred thousand dollars to repair and maintain.

At a special meeting on March 7, port commissioners offered a compromise. They proposed to take over the marina in January 2009 and pay the city $20,000 for two years. Until then, the city would be required to use marina revenues — roughly $20,000 per year — on costs related to harbor operations, waterfront activities and maintenance.

Port officials have said other money they have committed to spend at the marina — including $200,000 for improving Phil Simon Park and the $350,000 breakwater — should be considered part of the purchase price.

Citing advice from the state Auditor’s Office, Councilman Robert Gilman said the port’s proposal may not fit with state law that covers the sale of public properties.

The state Auditor’s Office has said the city shouldn’t ignore the value of the marina and the adjoining property, and also said Langley should get the property appraised before continuing with negotiations. The city has said the marina is valued at $2.4 million.

At the council’s meeting Wednesday, council members said they were committed to coming to an agreement with the port.

“It’s not about the money,” Gilman said. “I really want to see this work. It’s clear the port must play the leading role in the marina.

“This is not to throw a monkey wrench into the process,” Gilman said. “My point is that the city and port share the same goal and will work to make this a reality.”

“My sense is that both port and city want to see the marina turned into something worthwhile,” Councilman Bob Waterman said. “Lawyers must be listened to, but moving ahead is the goal.”

“Patience is a virtue, but we need to proceed,” added Councilman Jim Recupero.

Mayor Neil Colburn said the city supports the sale of the marina.

“There is unanimous support and it’s not about the money,” Colburn said. “We just need to make sure the language works for both sides, and the state, and that it’s laid out in the contract.”

On Thursday, Samuelson and Roundy met to consider changes to the interlocal agreement’s language.

“My goal is to get this before the council for a vote by our next meeting on April 4,” Samuelson said.

Jeff VanDerford can be reached at 221-5300 or jvanderford@southwhidbeyrecord.com.