PORT OF ORCAS
Minutes of the Regular Meeting
June 11, 2009
Public Hearing
Chair Eimers opened the public hearing for consideration of Resolution #06-11-09, Adjustment of 2009 Beginning Cash and Investments. After explanation by Eimers, Hopkins moved, Thurman seconded adoption of Resolution #06-11-09, and the motion was unanimously adopted. Eimers then closed the public hearing.
Approval of minutes
Hopkins moved, McCoy seconded approval of the minutes of the regular meeting of May 14, 2009 as presented, and the motion was unanimously carried.
McCoy moved, Thurman seconded approval of the minutes of the special meeting of May 28, 2009 as corrected, and the motion was unanimously carried.
Public access time
Francine Shaw was present to ask commissioner support for the application of Don Gerard to lift the zone 5 designation from their residential lot, TPN271124001 so that residential development of the lot might occur. The basis for the request is one of inconsistency in application of residences already in zone 5 (Grasylvania) and discrimination (in that Gerard’s property rights are not given the same rights as others).
Shaw thanked the commissioners for their consideration of her client’s request.
Jeff Hanson was present to ask that the day park area and off-leash area be used from 1-4P.M. on June 20 for a dedication ceremony and information dissemination for users. The commissioners were in consensus on agreement of this request.
Hanson also asked about the status of the lease rewrite, and after clarification of a miscommunication on the part of the airport manager, agreed to discuss it during its place on the agenda.
Since many in the audience were present to discuss a later agenda item, Chair Eimers asked whether those present would like to speak during the public access portion.
Dan Stevens stated that he had never been notified that a fence was going to be constructed, and the present gate prevented him from accessing the airport. He noted that a port buyout of his access right might be worth upwards of $25,000 based on an opinion by Bart Brown.
Eimers restated the FAA’s position on access from private property, which was given at the May 28th special meeting, and originally stated by Tim Shaw, FAA, at the May 14 regular meeting.
Mike McKinstry stated that the fence was erected as a safety issue solution, and that any discussion would merely be a rehashing of past meetings. He noted that it made no sense to give up his access, and asked the port to notify everyone if further discussions were scheduled to take place regarding access.
Bob Waunch echoed the notification process, and stated he was speaking for property owners Muffett, Gourley, Bach, Anders, Dallas and Parnell as well as himself, and added that no complaints had ever come from the Ferris deed-holders, and that buying up properties by the port would not extinguish the access issue. He stated that the port needed to develop undeveloped property and create long-term renewable leases (such as the present condominium association), and stated that the port was derelict in its responsibility in producing revenues. The FAA wanted funds from the abutters. He stated that if the airport took no funds from the FAA, it could over time become a private airport. Some of that shortfall could be addressed by taking the highest allowable tax amount each year.
Eimers restated the political nature of spending federal dollars to subsidize a special class of people.
Paul Vierthaler reiterated a position from the last meeting regarding knowing exactly what the FAA could and could not do in order to enforce the grant assurances.
Commissioner Thurman noted that the port was in the position of having to come up with a plan, and then to make good faith progress toward fulfilling it. Eimers added that the previous efforts were possibly not made in good faith.
McKinstry stated that closure of this issue was mandated by the FAA.
Eimers noted that a former proposal of 50% of an annual tiedown fee was not acceptable to abutters, and restated that a credible acceptable plan by all parties is the solution to this problem.
Stevens asked about his particular situation, being outside the fence.
Eimers stated that a previous discussion had suggested either a per-plane or per-parcel fee, and Wayne Munich agreed that a per-parcel assessment would be more fair.
Waunch reiterated his approach of not accepting FAA funds, thereby erasing any conflict, and this was seconded by McKinstry.
Vierthaler noted that the residences already constructed were grandfathered in, that hey were paying higher taxes, and suggested asking the county to have the difference those parcels were paying be forwarded directly to the port.
Eimers concluded that more discussion would be forthcoming.
Unfinished Business
1. Looking Down the Runway
The airport manager reported on two of the drainage projects currently under way.
2. Through-the-Fence Matter---discussion and planning
Before the next meeting, information was to be gathered regarding those specific grant assurances, particularly 21 and 24, that would impact the policy. Thurman added that buying out an easement for its lifetime or immediate extinguishment were two concepts which might be considered.
Vierthaler asked again what rules apply to this situation.
Eimers added that the commissioners need to flesh out one or two plans in writing, for presentation at a future discussion. He then suggested that a special meeting to deal with this issue be scheduled for June 25 at 7:00P.M. in the port conference room, and that all abutters be notified soon about this meeting. The commissioners agreed to hold a special meeting on June 25.
3. Off-Leash Dog Area Lease
The tabled motion from May 14 was repeated, and was found to have an omission. The motion as recorded from the May 14 minutes was brought to a vote, and was passed unanimously.
Thurman moved, Hopkins seconded adding the termination notice by either party by a six-month notification, and the motion was unanimously carried.
The airport manager was asked to forward the new lease terms to Tim Shaw, FAA.
4. Gerard Matter
McCoy noted that she was not prepared to argue with Francine Shaw. Eimers reiterated that the port had already made its position known, and that zoning changes were within the responsibilities of the county, and the overlay was designed with safety in mind. After further discussion, no further action was taken.
New Business
1. Request for use of Day Park
A written request by the Orcas Road Classic Car Club to use the day park as a display area during the fly-in was read and accepted by consensus. The cars will be on display from 8:00A.M. to dusk on August
2. Port Mowing Schedules
Commissioner McCoy inquired about the frequency of mowing and its attendant costs. The airport manager reported that she had talked with the contract mower, and would have some additional information forthcoming.
Airport Manager’s Report
Communications were received from: 1)Tim Shaw, FAA, e-mail 6/10 re off-leash dog area; 2)Jeff Hanson, e-mail 6/11 re off-leash dog area.
The airport manager reported on
1. Around the Port
a. Keeping Up with the Chlorophyll
b. Brandt’s Landing Stormwater Outfall
c. North Outfall Progress
d. Lights Out
e. Killing Weeds
f. Summer Help
2. Off-Leash Area Info 6. News from Al
3. Gerard Matter 7. Mugs Gone
4. Through-the-Fence Discussion 8. Young Eagles Day
5. Commissioner Vacancy 9. Fuel Delivery
All items were informational in nature or discussed elsewhere in the meeting.
The treasurer’s report and the revenue summary through May were accepted as presented.
Approval of Payroll/Vouchers
McCoy moved, Hopkins seconded approval of May 2009 general fund vouchers in the amount of $5,548.01, and the motion was unanimously carried.
McCoy moved, Hopkins seconded approval of May 2009 capital fund vouchers in the amount of $5,396.50, and the motion was unanimously carried.
McCoy moved, Thurman seconded approval of the May 2009 payroll in the amount of $4,537.62, and the motion was unanimously carried.
Next Meeting and Adjournment
A special meeting of the Commission was scheduled for 7:00P.M. June 25, 2009 in the port conference room.
The next regular meeting of the Commission was scheduled for 7:00P.M. July 9, 2009 in the Port conference room.
The meeting was adjourned at 9:30P.M.
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Ulanah McCoy, Commissioner and Secretary
Prepared by
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Bea vonTobel, Airport Manager