PORT OF ORCAS
Minutes of the Regular Meeting
November 12, 2009

 

Call to order and confirmation of a quorum
The meeting was called to order at 7:00P.M. in the Port conference room by Garth Eimers, Chairman. A quorum was present. Attending were: Commissioners Ulanah McCoy, Steve Hopkins, Al Edwards, Bret Thurman, airport manager Bea vonTobel, Audrrey Wells, David Noneman, Paul Vierthaler, Cathy Vierthaler, Eric Gourley, Jennifer Brennock (Sounder), Steve Pearson, Pam Edwards, Dwight Guss, Margie Doyle (Orcas Issues)

Approval of minutes
McCoy moved, Hopkins seconded approval of the minutes of the regular meeting of October 8, 2009 as presented, and the motion was unanimously carried.
McCoy moved, Hopkins seconded approval of the minutes of the special meeting of October 22, 2009 as presented, and the motion was unanimously carried.

Public access time
Dave Noneman was present to inquire about the possibility of renting the ‘north shack’ as office space for his flight instruction business. Lease information and rates were to be determined.

Steve Pearson was present to inquire about a possible land swap/BLM to meet county requirements for the expansion of his business. McCoy noted that his proposal for land to swap (wetland) might be of less value to the port, and that an appraisal would be needed along with FAA approval to complete such an arrangement. Eimers noted that any arrangement could not be approved until the next regular meeting.

Unfinished Business
1. Looking Down the Runway
The airport manager reported that the north outfall bid process has been completed, with a recommendation from WHP. The archeological report has yet to be acted upon by the Corps of Engineers.
2. Through-the-Fence Matter---continuing discussion
Chair Eimers reported that he and Commissioner Thurman had met in Renton with three FAA representatives (Carol Soumi, Karen Miles, Deepa Parashar) on November 6. The port presented where the commissioners were in the process of resolution, talked about key elements, and summarized the ‘X’ and ‘Y’ possibilities. Eimers noted that the FAA was receptive, polite, and heard from Carol Soumi the history of the FAA’s involvement with the Port of Orcas regarding TTF issues.
Eimers reported that the FAA gave no ground regarding the establishment of a fee structure, but also that the FAA had not put the Port of Orcas on the non-compliance list as yet.
Regarding recovery of past-awarded FAA funding, Soumi stated that the FAA could recover such funding, but to date no funds have been mandated to be returned.
Eimers further noted that the FAA ‘policy’ is to get vendor airports to be self-supporting. An example of one way to achieve some of that support in the past has been to charge a fee for crossing the property line, an equivalency of an annual tiedown fee. The FAA’s position has been that if the fee is less than that, it undercuts the airport’s ability to become self-sufficient.
Eimers summed up that he asked Karen Miles to produce a list of comparable operations (other airports) whose solutions have been accepted by the FAA.
Commissioner Thurman noted that the FAA has recognized the issue at Orcas, and validated and affirmed the language of the Ferris deed, but that they would not put that in writing at this point. He also reiterated that the FAA would not pursue past-awarded grant monies if the port were to choose plan ‘Y’.
Eimers echoed the Ferris deed validation and noted that the plan ‘X” solution would involve a fee of some sort as well as acceptance of the port’s Minimum Standard document. He added that a draft document would be produced which would be evaluated by an attorney and run by the FAA, and that abutters were to be included in that process. He asked Paul Vierthaler and others to serve as abutter representatives.
Thurman suggested that a subcommittee of commissioners plus landowners be created to produce such a document.
McCoy wondered whether there was still a potential for a lawsuit, and the commissioners agreed. She also stated that any concept of a fee is still a big issue.
Eimers replied that whatever the fee is called, it is an access fee for crossing the port’s boundary.
Bret wondered whether there was any way to use landing fees as a basis for the fee.
Eimers wondered whether the fee would be based on a per-aircraft or per-property decision.
Eimers then asked for two commissioners to serve as the port subcommittee, and Thurman and Hopkins volunteered to fill those positions.
Eimers then shared two comments to be included in the record of communications: Lee Goodwin and Steve Garrison.
Edwards also shared an e-mail from Jack Coe, which was added to the record.
3. Budget Public Hearing
The latest iteration of the 2010 proposed budget was distributed, and comments were solicited.

New Business
1. Adoption of 2010 Budget
After some minor changes to a few line items, Thurman moved, Hopkins seconded adoption of the 2010 budget as amended, and the motion was unanimously accepted, as outlined in Resolution 11-12-09.
2. Awarding of Bid for North Outfall Project
Hopkins moved, Thurman seconded awarding of the north outfall stormwater project bid to Redside Construction, LLC in the amount of $150,649.42, and the motion was unanimously carried.
3. New GPS Approach
Commissioner Thurman reported that he had flown the new GPS approach with instructor Eric Gourley, and urged the port to pursue a WAAS approach, as well as an approach to RW16.
He also urged participation in the November 18 workshop on the TFR for the upcoming Olympics, and suggested that pilots be made aware of the TFR by including a verbal addition to the AWOS announcement.

Airport Manager’s Report
Communications were received from: 1)Mike Parnell, Lee Goodwin re TTF; 2)SJCCDP re Lantec; 3)SJC-EDC re funding request; 4)WHP re outfall bid award; 5)Gateway Controls re gate maintenance contract; 6)AVweb and GANews re TTF; 7)WPPA re funding request.

The airport manager reported on:
1. Around the Port
a. Kangaroo House Baffle
b. Pearson Request
c. Winterizing
2. Budget Items Needing Clarification
3. Lantec Land Use
4. Gerard Application/Hearing
5. North Outfall
6. Scofflaw Progress

Public Access Time—additional
Paul Vierthaler reminded people how much volunteer effort had contributed to the construction of the conference room/office addition.
Eric Gourley stated that people would step up to offer work, etc., for the airport.


Approval of Payroll/Vouchers
Edwards moved, Hopkins seconded payment of October 2009 general fund vouchers in the amount of $4,057.87, and the motion was unanimously carried.
Thurman moved, McCoy seconded payment of October 2009 general fund vouchers in the amount of $746.92, and the motion was unanimously carried.
McCoy moved, Thurman moved payment of October 2009 capital fund vouchers in the amount of $4,665.17, and the motion was unanimously carried.
Thurman moved, Eimers seconded payment of October 2009 payroll in the amount of $4,721.67, and the motion was unanimously carried.

Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M., December 10, 2009 in the Port conference room.
The meeting was adjourned at 8:38P.M.

 

____________________________________
Ulanah McCoy, Commissioner and Secretary

Prepared by

_____________________________
Bea vonTobel, Airport Manager