“It’s going to take more research,” said Heather Ramsay, NPS outdoor recreation planner. “We want to make sure we get it right this time, so we don’t have to go back in 10 years and do more research.”

The question affects the proposal to locate the Make Waves aquatic and recreation center near the lagoon. If that property was purchased with federal grant funds, it restricts the kinds of uses that can be accommodated at that site.

Ramsay seeks a finite listing that would determine who controlled those parcels when the grant was closed out on March 29, 1985.

“Our position in general is when the maps are unclear, we look at who signed the contract and what they owned at the time the grant closed.”

Former Port of Port Townsend Commissioner Stacey Thompson signed the grant, but does not remember what funds were used to purchase the property.

“That’s too many years ago to remember all of the details,” Thompson said.

The answer to the question of the property ownership is critical for Make Waves’ proposed aquatic center. Make Waves is asking the Port of Port Townsend for 1.9 acres of the park as its building site. The proposed building would be 35,000 square feet; its estimated cost would be $10 million in donated funds.

If the property was purchased with grant money from the Land and Water Conservation Fund, it is federally protected for passive recreation use only under what is called the “(6)(f) rule.”

If the (6)(f) rule applies, there are two options available to Make Waves. The port can either apply to see if the aquatic center can meet approval under the (6)(f) condition, or the port can apply for a conversion to remove the property from the (6)(f) boundary.

If the property was purchased with Port of Port Townsend money, Make Waves has overcome a major obstacle for furthering its project.

Port of Port Townsend Executive Director Larry Crockett said he is now combing through the port’s archives and meeting minutes from 1984 and 1985.

“We haven’t made any decision on what the port’s stance is,” said Crockett of the port commission’s opinion.

“I’m in no really hurry,” he said. “It’d be nice to get it resolved because it’s taking a lot of my time.”

The port commissioners signed a letter of intent (LOI) with Make Waves president Karen Nelson on Dec. 28, 2009 to set aside the property for the aquatic center. The LOI states that it “shall end on the earlier of (a) the date that the Port and Make Waves enter into final written agreements regarding the Project, or (b) December 31, 2010. The duration of this LOI may be extended for additional periods by written agreement of the parties.”