PORT OF ORCAS
Minutes of the Regular Meeting
August 13, 2009
Chair Eimers announced a reordering of the agenda, to put New Business ahead of Unfinished Business, so as to accommodate members of the public present.
Approval of minutes
McCoy moved, Hopkins seconded approval of the minutes of the regular meeting of July 9, 2009 as presented, and the motion was unanimously carried.
Public access time
None
New Business
1. Sale of Hangar #5
Hopkins moved, Thurman seconded refusal of the port’s first right to purchase hangar #5, and the motion was unanimously carried.
Thurman moved, McCoy seconded approval of the assignment of the lease of hangar #5 from Jake Boyd to Olympia Respiratory Services/Brent McDonald, and the motion was unanimously carried.
2. Rental of North Shack
The possible renter asked to have this request deferred until a later meeting.
3. Fly-In Update
Information was contained in the airport manager’s report.
4. Tariff #9/Resolution #08-13-09
After discussion, McCoy moved, Thurman seconded adoption of Resolution #08-13-09, Establishment of Tariff #9, Transit of Airport Property Through the Fence, and the motion was unanimously carried.
McCoy moved, Hopkins seconded adoption of Tariff #9, Transit of Airport Propert Through the Fence as modified, and the motion was unanimously carried.
5. Chair Eimers announced that the port’s assigned FAA engineer for AIP projects, Tim Shaw, has been promoted to another position within the agency, and his position will be assumed by Karen Miles.
Unfinished Business
1. Looking Down the Runway
After discussion, Hopkins moved, McCoy seconded moving $100,000 from capital projects budget 6727 line item 62.0000 (AIP Runway Overlay) to line item 63.2005 (Drainage Project) to cover additional incurred expenses for the north outfall work, and the motion was unanimously carried.
2. Through-the-Fence Matter---continuing discussion
Chair Eimers began the discussion by reiterating the concept and past discussions for those who were not present at earlier meetings. As an adjunct to those discussions, he had prepared two illustrations, Plan X and Plan Y, reproduced here.
Plan X
-all Ferris deed properties sign agreement to pay annual fee equivalent to tiedown fee (those properties with hangar only)
-all Ferris deed properties sign agreement to comply with Port of Orcas Minimum Standards
-work with SJC to prevent further development of hangars with living quarters within the Airport Overlay Zones
--work with SJC to apply the Airport Overlay Zones uniformly
Plan Y
-all Ferris deed properties sign agreement to pay annual fee equivalent to tiedown fee (those properties with hangar only)
-increase property tax to limit (5-year increase ~ 50%)
-funding alternatives for major costs
a) bonding
b)assessment for all airport users
c) combination of a) and b) above (i.e., runway/taxiway resurface ~ $1.5M)
Eimers noted that Plan X assumes acceptance by the FAA that this would continue to allow future AIP funding for the port. Plan Y assumes that the port would not apply for any future FAA AIP funds. The floor was then opened for comments and questions.
Evelyn Fuscher stated that the easement agreement signed at the time of the construction of the perimeter fence included indemnification language that the port would represent the abutters against such actions/requirements as this, and felt that the port was not meeting this obligation. She was especially concerned about whether the fence easement agreement superceded the through-the-fence question.
Eimers replied that the port would re-examine the document in question and provide an answer no later than the next meeting.
Fuscher continued that unless the proposed tiedown fee is changed to a landing fee which is imposed on all aircraft landing at ORS, it is unfair.
Eimers noted that the term tiedown fee is simply a benchmark for whatever is proposed.
Mike McKinstry remarked that the commissioners have not done the basic groundwork needed in order to discover what financial shortfalls might loom should the port decide not to accept future FAA funding, and that property owners’ rights are being trampled on, and that what the port may propose constitutes a taking.
Cathy Vierthaler suggested breaking any proposal into something which could be translated as a land lease fee or access fee.
Dwight Guss wondered what difference there might be for those whose hangars are already on port property, asking whether those on port property would also be asked to pay such a fee. Eimers concluded that those who own hangars on port property already pay a land lease amount plus leasehold tax.
Eimers went on to explain what difference in taxes might ensue should the port decide not to take advantage of FAA monies. He also noted that such a position goes counter to the financial conservatism of the port on the matter of levy monies assessed.
Paul Vierthaler reiterated his remark of the preceding meeting, citing the proposed cost of runway, taxiway and ramp improvements. He also added that in his conversations with AOPA representatives, no one has ever been asked to pay back FAA monies once they were awarded.
Fuscher added that the port was just stirring up a hornet’s nest, and asked once again for the port to check out the language of the fence easement document.
Dick Griot asked whether it might not be time to resubmit the letter written in 2007 by then-chair Becker. Eimers noted that since that letter had been written, the FAA had solidified its policy, citing both Driggs ID and Sandpoint ID as examples. Eimers also noted the rather cavalier position taken by those who would refuse FAA funding.
Mike McKinstry urged the commissioners to create opportunities to make the port more self-sufficient, and said there was local expertise which could provide ideas for such a concept. Eimers noted that such a choice would expose a whole different set of problems.
Paul Vierthaler urged the port to take all the tax dollars to which it was entitled.
Mike McKinstry said he did not see a resolution of this problem without the intervention of lawyers and accompanying legal fees.
Commissioner Thurman asked those present to consider the airport 20 years out, and whether the port wishes to have hangar homes v. homes without pilots. With the current zoning, a residence is allowed as an ancillary use creating the opportunity for hangar homes. If the FAA forces this issue resulting in an eventual denial of TTF access, we could see residences with no access to the airport, and this is not a good long-term situation, and would result in the very thing the FAA does not want to see: residences that oppose the airport. “Personally, I would like to see more hangar homes as I see this use as compatible with an airport.”
Paul Vierthaler complimented the commissioners on their concept to reduce taxes, and certainly not to become like Friday Harbor.
The airport manager offered to share the scope/sequence documents to those who might wish to look at the proposals currently under consideration.
Cathy Vierthaler disagreed with the cost analysis of the project.
Eimers noted that since the Larson property had not been developed to date, it was difficult to get the FAA to agree to provide funds for additional land acquisitions to protect the airport from incursions
Dick Griot noted that the real argument seemed to be taxpayer support via taxation v. FAA dollars.
Airport Manager’s Report
Communications were received from: 1)Ulanah McCoy: e-mail 8/7; Robert and Judith Cook: e-mail 8/10; Cindy Carter: e-mail 8/10 re funding mechanisms for the port; 2)Lee McEnery: e-mail 8/10 and Fay Chaffee: e-mail 8/12 re airport overlay concerns; 3)Tim Shaw: e-mails 8/4, 8/7 re through-the-fence items; 4)WPPA: e-mail 7/17 re Local Revitalization Financing; 5)Northwest Sky ferry: letter/application 8/10 re filing for commuter status
All e-mails were forwarded to the commissioners; item 5 is on file in the office
Airport Manager’s Report
1. Around the Port 8. Office Items
a. Things Broken---and Repaired 9. 2010 Budget
2. Fly-In Notes 10. Application from Northwest Sky Ferry for Commuter 3. Sale of Hangar #5 Airline Carrier Status
4. Rent of North Shack 11. Local Revitalization Financing
5. Small Community Air Service Grant 12. Transit Fee for Crossing Port Property
6. Inquiries re Airport Overlay Land Use 13. Reply to Sounder Questions re TTF
7. Budget/Treasurer’s Report 14. Other Happenings
All items were informational in nature or were discussed at different points during the meeting.
McCoy asked why some portions of the airport had been mowed that were agreed to be left unmowed for the remainder of the season. The airport manager noted that the ditches and a small portion of the west side had been mowed, and apologized for areas mowed which were earlier listed as those to let grow.
Approval of Payroll/Vouchers
Hopkins moved, Thurman seconded approval for payment of general fund vouchers for July 2009 in the amount of $7,269.16, and the motion was unanimously carried.
McCoy moved, Thurman seconded approval for payment of capital fund vouchers for July 2009 in the amount of $7,462.64, and the motion was unanimously carried.
Thurman moved, Hopkins seconded approval for payment of the July 2009 payroll in the amount of $5,855.22 and the motion was unanimously carried.
Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M., September 10, 2009 in the Port conference room.
The meeting was adjourned at 9:15P.M.
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Ulanah McCoy, Commissioner and Secretary
Prepared by
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Bea vonTobel, Airport Manager