PORT OF ORCAS
Minutes of the Regular Meeting
September 10, 2009
Approval of minutes
Hopkins moved, Thurman seconded approval of the minutes of the regular meeting of August 13, 2009 as presented, and the motion was unanimously carried.
Public access time
Chair Eimers noted that this was the public’s opportunity to bring matters to the attention of the commissioners, especially through-the-fence issues, and that as the topic appears later on the agenda, the commissioners would use the time then as a work session on the topic.
Paul Vierthaler offered the following information regarding the assumption that current pilots were ‘getting a free ride’’: he stated that his purchase of aircraft fuel at Orcas provides approximately $65 in fuel flowage fees to the port, with an additional $151 going to the FAA. He added that the average citizen pays $10/year in the form of taxes dedicated to the port, so essentially they are the ones getting the ‘free ride’. Use of port property by the Pea Patch, the Off-Leash Dog Area, the picnic area at the day park, the Larson property as free special event parking, the helipad by EMS, parking for UPS and FedEx could also be considered as a free ride for those users.
Cathy Vierthaler asked what a proposed fee be used for.
Unfinished Business
1. Looking Down the Runway
David William summarized the progress toward completion of the north outfall project, including the permitting process which has complicated getting the project to bid. After discussion, it was decided to pursue the bid process prior to having all permits in hand, so that work could be accomplished during the next series of minus tides.
Thurman moved, McCoy seconded putting the project out to bid as soon as possible, and the motion was unanimously carried.
Additionally, since the airport manager will not be at work during the proposed bid advertisement and opening, Williams agreed to be present with Eimers as the port representative at the opening of the bids.
2. Through-the-Fence Matter---continuing discussion
Eimers passed out copies of a draft resolution, considered to be a working document , not a votable document. This was patterned after the FAA-accepted document for the state-owned Independence OR airport.
Eimers stated that since the last meeting, his reference of a time frame in which to come to a conclusion had been re-evaluated, and taken out of the 2010 budgeting process, which allows the working time to be expanded. He also noted that tariffs 7 and 8 would also need revision should a fee structure be adopted.
Regarding the plans ‘X’ and ‘Y’ presented at a previous meeting, the resolution distributed reflects the adoption of plan ‘X’.
Eimers then summarized his pivotal issues regarding both plans: 1)the fiduciary responsibility the port has to maintain the current investment (i.e., the airport); 2)the responsibility the port as an entity has in maintaining the continuity of past acceptances of FAA monies, and not denying previously accepted obligations.
Within the language of the Ferris deed, Eimers continued, the question is whether the port has the ability to impose an access fee. To this end, Eimers said he called Frank Chmelik, the attorney for the Port of Bellingham, and had the Ferris deed along with the draft working document of the resolution sent for evaluation. He awaits that legal opinion.
Additionally, Eimers said he had talked with Chris Popov, an attorney and chair of the Sandpoint ID airport commission. Sandpoint has had FAA funding denied for a 3-year period because of noncompliance with similar through-the-fence issues. Popov stated that in a visit to Washington DC to speak with the head of FAA’s Airports Division, he had asked whether the FAA would pay if Sandpoint condemned the TTF properties and acquired them in order to come into compliance, and received a positive answer, but felt in reality that when the FAA learned of the possible costs involved it would not happen.
Also a possibility was a so-called ‘Section 16’, in which the FAA would ask for its previous investments to be returned; for Orcas, that would total about $2 million.
Eimers concluded that what the port needed to accomplish was an obligation to the FAA that the port is attempting to find a good-faith plan to resolve the problem and continue to work in that direction.
As an aside, Eimers mentioned that at Oskosh this summer, the new head of the FAA was asked what the FAA’s position was on TTF arrangements, and said that there was no policy in effect at this time.
McCoy inquired about the Fuscher question from last meeting (re an obligation of the port to defend the abutters) and was told that the document in question applied only to the fence easement.
Williams added that the port had been granted non-primary entitlement funds in the amount of $150,000, which would cover Phase 1 of the engineering and planning for the runway/taxiway/ramp improvements. In January/February of 2010, a new round of funding is available, in which the NPE funds plus discretionary funding would be available for Phase 2 of the engineering and planning and the replacement of the Larson gate. This next round is the portion which will be denied unless the port and the FAA come to agreement.
P. Vierthaler asked whether the FAA would back up with funding the port’s position should litigation occur. Eimers answered that there should be no assumption that this would happen.
Thurman voiced the opinion that the basic question is whether the port wishes to have hangar homes abutting the airport.
Eimers added that the port needs to define the class of those who might be subject to the tariff, and that legal question awaits an answer.
McCoy added that the hangar home question is pivotal to the FAA.
Eimers noted that SJC currently governs land use on the existing properties, and which of those could be built on with hangars or homes.
Thurman reiterated that the fundamental problem with the FAA was residences near airports, and wondered about budget implications of decisions in any direction.
P. Vierthaler suggested that in order to make the port more self-sustaining it develop the land it currently owns.
Hopkins said he was content to wait for more data/information before making a decision.
Eimers noted that attorney Chmelik’s time for port work was $200/hour.
New Business
1. 2010 Budget
Eimers suggested that commissioners use the provided budget worksheet to work up some figures in addition to those provided by the airport manager. There would be additional information re appraisal rates available before the next meeting which would be forwarded to the commissioners.
Airport Manager’s Report
Communications were received from: 1)Seattle Corps of Engineers: letter 9/1 re north outfall permit; on file in office
The airport manager reported on:
1. Around the Port
a. Repairs
2. GPS Approach
3. Vanderyacht Tank Arrival
4. Larson Gate Update
5. Surgery Date/James’s Work Schedule
6. Security System Thoughts
7. Stormwater Evaluation
8. Evaluation/Remuneration
9. Budget Work from Airport Manager
10. North Outfall Update
All items were informational in nature or discussed in earlier portions of the meeting.
The treasurer’s report and monthly summary through August was accepted as presented.
Approval of Payroll/Vouchers
Thurman moved, Hopkins seconded approval of August 2009 general fund vouchers in the amount of $19,405.25 as presented, and the motion was unanimously carried.
McCoy moved, Thurman seconded approval of August 2009 capital fund vouchers in the amount of $12,816.55 as presented, and the motion was unanimously carried.
Hopkins moved, Thurman seconded approval of August 2009 capital fund vouchers in the amount of $2,500.00 as presented, and the motion was unanimously carried.
Thurman moved, Hopkins seconded approval of August 2009 payroll in the amount of $5,761.92 as presented, and the motion was unanimously carried.
Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M., October 8, 2009 in the Port conference room.
The meeting was adjourned at 8:35P.M.
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Ulanah McCoy, Commissioner and Secretary
Prepared by
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Bea vonTobel, Airport Manager