PORT OF ORCAS
Minutes of the Regular Meeting
January 10, 2002 Meeting
Call to order and confirmation of a quorum The meeting was called to order at 7:30P.M. in the Port conference room by Steve Hopkins, Chairman pro tem. A quorum was present. Attending were: Steve Hopkins, Al Edwards, Gary Abood, Frank Cantwell, Ulanah McCoy, Duane Lunde, Bea vonTobel, Edward A. LeCocq Jr., Paul Vierthaler, Shirley Aggas, Myrna Fant, Jim Hamilton, Ted Grossman, Kevin McCoy, Andy Nelson, Sandy Gillespie, Barbara LaBrash, Robin Watson, Rod Magner, Mike Damoth.
Commissioner's Oath of OfficeSteve Hopkins, Chairman pro tem, administered the oath of office to Frank Cantwell and Ulanah McCoy. Sandy Gillespie witnessed the documents.
Election of Officers for the year 2002 Hopkins prefaced the opening of nominations with three items he felt needed to be considered:
1. the past/present reputation of the Port;
2. possible disadvantages of having a newly-elected commissioner serve as chairman;
3. possible conflicts of interest of commissioners relative to upcoming commission decisions.
Edwards remarked that he felt there was too much power centered in the position of chairman, and that it needed to be shared among all the commissioners.
McCoy noted that research presented came mainly from the Port office, which limited the viewpoint. Abood objected to comments made regarding conflict of interest and agreed that it would be a good idea to spread responsibility among commissioners.
Cantwell noted that the commissioners could change bylaws and standing rules, but that it would be taken up at a later date.
Abood nominated Cantwell as chairman. Hopkins nominated Edwards as chairman. Abood moved nominations cease; Cantwell seconded; motion was carried unanimously. McCoy, Cantwell, Abood voted for Cantwell; Edwards and Hopkins voted for Edwards. Cantwell was elected chairman for 2002.
McCoy nominated Hopkins for secretary, and was elected by acclamation.
Approval of minutes Edwards moved, Hopkins seconded approval of the minutes of December 13, 2001 as written, and the motion was unanimously carried.
Public access time
Jim Hamilton requested use of the day park area for a car show, sponsored by the Orcas Island Public Library and the Friends of the Library, on August 3, 2002. This exhibition was scheduled for the same weekend as the annual fly-in, and would be limited to vehicles from the island.
Abood suggested naming the Port as an additional insured on the registration form. Consensus among the commissioners was reached, and the exhibition received approval.
Myrna Fant wished to thank the new commissioners for running, and looked forward to seeing the Port do good things during their tenure.
Rod Magner distributed copies of a newspaper article which outlined possible limits on scenic air tour operations at Friday Harbor Airport, and cautioned that if limits were to be imposed there, it would be the first domino to topple, with repercussions imminent at other airports. Further action was scheduled to be taken at the February 13, 2002 meeting of the Port of Friday Harbor Port Commission.
Kevin McCoy noted that there were already restrictions enforced in airspace around the Grand Canyon.
Magner commented that perhaps the Friday Harbor group might be coordinating with the local NAG, and that those actions might lead to restrictions on all pilots.
Cantwell replied that he was aware of this upcoming action, and his contacts with the Friday Harbor Pilots Assn. had led him to the conclusion that only one port commissioner was in favor of the restrictions.
Ed LeCocq urged the port to go on record against such restrictions.
Cantwell and Hopkins noted that commission comment at this time was not advisable.
Edwards noted that Joe Bond, a Port Commissioner from 1962-65, had passed away, and that a service had been planned for 11:30A.M. on January 11.
Financial Report
The Airport Manager noted that revenues were down 2%.
Regarding hangar leases, which showed no variance, the Airport Manager explained that there had been no change in ASI's lease over the last two years, which still had three years before renegotiation. Abood asked whether there was an escalation clause in the lease, which was answered in the negative by the Airport Manager. Abood then remarked that the Port needed to cut expenses or raise revenues.
The Airport Manager noted that because of bills which were scheduled to arrive from W&H Pacific, there was little investment of monies in the capital projects fund.
The Airport Manager also explained that the balance shown on the aging summary for ASI were leasehold back tax. This was scheduled to change after the Port receives a letter from the auditor. The final fiscal report for 2001 will be dated 13/31/01, and was scheduled to be presented at a later meeting. The variance column was also slated for inclusion in February. The commissioners accepted the report as written.
Communications and Airport Manager's Report
The Airport Manager presented communications from:
1. Karen Waters/Patty Murray: e-mail regarding telecommunications grants;
2. West Isle Air: fax from Chris Pagnotta addressing inappropriate flight operations;
3. SJC Auditor: recommended travel expense reimbursement rate;
4. Rice Insurance: E&O insurance for 2002;
5. State Public Disclosure Commission: Letter and Personal Financial Affairs Statement;
6. Air Adventure (Randy Pence): Letter requesting early termination of the lease of the terminal's southwest office;
7. Rice Insurance: Letter asking for additional information, and outlining additional terms and conditions;
8. WSDOT: e-mail announcing John Sibold as new state aviation director
9. Margery Price: flyer announcing seminars on minute-taking and parliamentary procedures.
Regarding item #2, Chairman Cantwell asked the staff to compose a letter to be sent to all operators, urging them to land on RW16 and take off on RW34, conditions permitting, so as to lower the noise levels experienced by residents. This letter was scheduled to be signed by the Port and the chairman, with a copy forwarded to NAG c/o John Abbenhouse.
Regarding item #3, Abood moved acceptance by unanimous consent, and it was so ordered.
Regarding item #6, some Commissioners wondered whether allowing early termination of the lease would set a precedent, and whether the IRS would consider not following the penalties outlined in the lease as gifting of public monies. Cantwell moved, Edwards seconded releasing Randy Pence from the lease at the end of January. The vote was Edwards, Cantwell, Hopkins yea; McCoy, Abood nay. Motion carried.
The Airport Manager reported on:
1. Comparative aviation data;
2. Deer deterrent action comparison;
3. Malfunction of the Port's main sea valve;
4. Theft of West Isle Air's counter computer;
5. WW2 T6 airplane lost directional control at 3:30P.M. on December 26, 2001;
6. Pop machine;
7. Vacation time office hours;
8. Bird hazing in response to A/C strike and rain.
Regarding item #1, Port staff was asked to check with Mary Vargas, FAA, regarding termination date of availability of entitlement funds, with a report scheduled for the next regular meeting.
Regarding item #3, repairs have been scheduled to be completed within the next week by Island Excavating, with an estimated cost between $600-$1000.
Regarding item #5, an estimate of approximately $3300 has been received from Island Excavating to complete the installation of sloping guards and filling areas mentioned, possibly using fill from the new hangar land. This project might be added to another project, and was scheduled to be brought to the commission again at a later date.
Regarding item #7, the office was scheduled to be open M-F from 8:00-12:00, with additional weekday hours as needed to complete work. The operations assistant was asked to check with Chairman Cantwell regarding items needing completion.
Regarding item #8, it was pointed out that the extraordinary amount of rain meant more worms were surfacing, which provided food for gulls, crows, ravens, and possibly other species, which caused a bird strike on January 7, 2002, and which resulted in hazing of birds in the vicinity of the runway. Hazing was scheduled to continue on an as-needed basis, with informal notification of neighbors to be performed by Port staff. Comment was offered as to whether the Port now needed to construct a worm perimeter fence.
Operational Issues
After discussion, this item was scheduled to remain on the agenda, so that commissioners might comment publicly on issues, concerns and projects planned or underway. Also discussed during this time was whether individual commissioners might place items on the agenda without notifying the chairman. This led to a discussion of who the Airport Manager is directly responsible to, which led to a discussion of what information contained in Port files is accessible to the public and/or the commissioners. The Airport Manager was asked to obtain a written legal opinion on this matter, to be presented at a later meeting.
Unfinished Business
1. Wildlife perimeter fence project: status report.
The Airport Manager reported that approximately 4 of the landowners contacted would not be able to attend the meeting on January 25. Hopkins will represent the Port at that meeting. The Operations Assistant will record the meeting and take notes.
Edwards reported that Waunch and Anders had given him nothing in writing regarding possible fencing around westside owners, and that Griot had informed him that through-the-fence issues would have to be resolved to his satisfaction before he would allow his property to be inside the fence.
The Airport Manager reported that adjacent property owners will have until February 22nd, 2002 to decide whether they wish to be inside or outside the fence, and the Port must decide the location of the fence at its February 27th regular meeting.
Information and the agenda for the January 25 meeting (6:00P.M. at the OPALCO conference room) with landowners was scheduled to be made available as soon as it was provided by W&H Pacific. When asked by the commissioners, the Airport Manager reported that the proposed schedule for the completion of the fence project was approximately two weeks behind.
2. Hangar land: Proposal from Bob Waunch and discussion of next action.
The Airport Manager reported that he had received no offer from Bob Waunch and Doug Smith. The next action by the Port was scheduled be to return to Bob Kihlstrom, work out a compromise, bring it to the commission for a vote, and vote; Cantwell and Edwards offered to serve as a subcommittee to speak with Kihlstrom.
LeCocq asked why the Port wouldn't develop the hangar project itself, and was informed that it would entail the borrowing of funds to do so, and exhibit no income until after the project was completed.
3. Port Procedures and Interaction with Staff (Resolution #08-14-01): memo 12/31/01.
This item was postponed to Executive Session, which was scheduled to occur as the last item on the agenda.
4. Orcas Island Airport Rules and Regulations: report from subcommittee.
This item was postponed until the next regular meeting. Cantwell and Abood were scheduled to review documents.
5. Airport Overlay Districts documents: discussion. Cantwell commented that the Port has to be advocates to keep residential development out of the airport zone.
Abood offered that the Port doesn't belong in the land use business.
The Airport Manager noted that representative(s) from the SJC Planning Department were scheduled to attend the January 23rd Port meeting to discuss the planned overlay district with the commissioners. Also at that meeting, the commissioners would set a time to meet with EPRC regarding the overlay district.
6. Master Plan Update: status and discussion of capital improvement projects.
The Airport Manager explained that approximately $160,000 was available in the capital projects fund. If $40,000 (reserve) and $70,000 (fence) were subtracted, a sum of $50,000 is projected to be available. He also noted that the congressional mandates still apply.
Chairman Cantwell asked the commissioners to individually prioritize the list presented for the next regular meeting for further discussion.
The Airport Manager was instructed to obtain estimates on the stormwater drainage project.
New Business
1. 2002 Annual tiedown rate: applicable State leasehold tax.
After discussion, Abood moved, Hopkins seconded the Airport Manager's recommendation that state leasehold tax be added to the annual tiedown rate ($320.00), making a total of $361.09 for annual tiedown. Abood, Hopkins, McCoy yea; Edwards nay; Cantwell abstain. Motion carried.
2. New Commissioner Airport orientation meeting.
The Airport Manager presented an agenda for such a tour/meeting. In his absence, the Operations Assistant was asked to take interested commissioners on the tour and explain the other operations on the agenda. Commissioners were asked to schedule dates at their convenience, remembering that not more than two commissioners may participate at a time. The estimated time was two hours.
3. General goals for Port staff (to be established by the Commission).
Port staff was asked to provide input on goals for the year, which were scheduled to be presented at a later meeting.
4. Commissioner pay for work performed outside regular meetings.
Edwards asked that the commissioners consider stipends for work done on Port business outside regular meeting times. It was noted that Port policy exists wherein a commissioner, with prior approval of the commission, may receive pay for work. No action was taken.
Approval of Payroll/Vouchers
Abood moved, Cantwell seconded payment of December 2001 payroll in the amount of $5,085.28, and the motion was unanimously carried.
Abood moved by unanimous consent approval of General Fund expenditures for December 2001in the amount of $5,437.69 and it was so ordered.
Abood moved by unanimous consent approval of General Fund expenditures for January 2002 (initial) in the amount of $4,153.86 and it was so ordered.
Executive Session
Chairman Cantwell asked to convene for an Executive Session at 10:55P.M. for a time not to exceed fifteen minutes, in pursuant to RCW 42.30.110(c) to discuss a personnel matter. The executive session ended at 11:07P.M., at which time the Regular Meeting was reconvened.
Old Business
3. The Commissioners, through consensus, decided to schedule a Special Meeting with the Commission, Port Counsel and Counsel for Commissioner Abood on a date when all could be present, to discuss the memorandum from the Airport Manager to the Commissioners and its resolution. This Special Meeting was scheduled to have but one agenda item, that of Executive Session
Next Meeting and Adjournment The next regular meeting of the Commission was scheduled for 2:00P.M., January 23, 2002 in the Port conference room.
The meeting was adjourned by the Chairman at 11:12P.M.