PORT OF ORCAS
Minutes of the Regular Meeting
November 17, 2011
The meeting was called to order at 6:00P.M. in the Port conference room by Bret Thurman, Chairman. A quorum was present. Attending were: Commissioners Audrey Wells, Steve Hopkins, and Dave Noneman (telephonically), airport manager Bea vonTobel, Carolyn Crawford, Sheldon Gregory, Dwight Guss, Mimi Wagner,Meredith Griffith, Gil Blinn, Brian Ehrmantraut, Steve Pearson.
Approval of Minutes
Wells moved, Hopkins seconded approval of the minutes of the regular meeting of October 27, 2011 as presented, and the motion was unanimously carried.
Public Access Time
Mimi Wagner, representing the law office of William Weissinger, was present on behalf of their clients, Carolyn and Charles Crawford.She read a statement that outlined the clients’ concerns with the port’s intentions/ direction on the progress of the renewal/extension of the leases of hangars 1-23.
She stated that an association of hangar-owners could be formed in several ways, and noted that the present attempt, headed by hangar-owner Tuck Wilson, was not a condominium association, not a co-op, and that its formation, filing for status with the Washington Secretary of State, and all associated documents produced to date were not universally acceptable to all current hangar owners, even though many had provided monies to pay for legal advice and incorporation expenses, including the creation of bylaws and other documents outlining officers, duties, etc.
Ms. Wagner went on to note that it appeared the documents gave extensive powers to the appointed officers, and that several hangar owners did not feel secure with the current arrangement. Wagner added that it was relatively simple to form a corporation, but that the port had outlined some parameters for renewal/extension, among which was the insistence on dealing with a single entity (an organization) instead of individual owners, which appeared to negate the current owners’ first right of renewal/ extension.
Wagner reminded the commissioners of their obligation to be open in their workings on this matter, and cited the Washington Open Public Meetings Act as the framework of reference.
Chair Thurman thanked Ms. Wagner for her presentation.
Executive Session
Chair Thurman called for an Executive Session at 6:08pm, pursuant to RCW 43.30.110, for a time not to exceed ten minutes, to discuss matters of litigation or pending litigation. The public was asked to leave the room.
At 6:17pm, Chair Thurman ended the Executive Session and reconvened the regular meeting, asking those who had left the room to rejoin the meeting.
Unfinished Business
1. Looking Down the Runway
a. AIP #3-53-0023-008, 009, 010 Update
All monies requested for reimbursement from the FAA and WSDOT/Aviation have been received. The outstanding items needing resolution are final invoices from WHP, and releases from DOE and other state departments so that the 5% retainage can be released to IX.
b. GPS Approach Update
No report from Mike Adams had been received prior to meeting time. The airport manager reported that Kenmore’s new schedule meant departures and arrivals after civil twilight, which meant that the current GPS approach may not be usable on some inclement days. Chief pilot Tilson mentioned again that the presence of reliable REILs would allow them better visibility, and therefore added safety, for those arrivals and departures, and urged the port to install them as soon as possible. The airport manager noted that the price for the units plus installation was in the neighborhood of $20,000. Representatives from Westcoast Sales and Marketing should be on site after the holiday to provide servicing of the current units. The commissioners noted that it would be important to provide this additional margin of safety for all the flying public.
2. Through-the-Fence Matter—update
Chair Thurman announced that a settlement offer had been received from the law firm of GordonDerr. Upon advice of the firm Chmelik, Sitkin & Davis, PS, the firm representing the port in this matter, Thurman moved, Noneman seconded disapproving the offer of the settlement offered by GordonDerr, and the motion was unanimously carried.
3. Other Unfinished Business: Port Presence/Participation/Influence
No report.
4. Real Estate Matters
a. Lantec--update
Wells moved, Thurman seconded accepting the WHP proposal for the scope of work and fee proposal to complete the Environmental Assessment and Phase I environmental review for the proposed Lantec purchase, in the amount of $16,300. Wells, Thurman, Hopkins yea; Noneman nay. Motion carried.
b. Hangars 1-23 lease renewal—update
Thurman stated that it would be prudent for the port to evaluate each of the possible structures which could be formed that would meet the port’s original concept of having all the hangars under one lease, with one invoice presented to an association of record, thereby creating minimal port involvement. He stated that he foresaw no action before the end of the current calendar year, but that it was important to get all parties onto the same page.
Thurman moved, Wells seconded taking under consideration the possible structures which would fulfill the port’s considerations, and provide direct contact of the port’s actions to all current hangar owners. The motion was unanimously carried.
The airport manager was asked to provide port counsel Hancock with the information necessary to construct a letter to hangar owners outlining the procedures to date and the future actions planned.
c. Pearson Documents—update
Port Counsel Hancock provided the commissioners with a restatement of a small portion of the lease agreement. After discussion, Thurman moved, Wells seconded accepting the language as written for insertion into the restatement of the lease agreement. Thurman, Wells, Noneman yea; Hopkins abstain. Motion carried.
Commissioner Hopkins wished to note that the revised language does not define use or expansion of the present use in terms that may or may not expose the port to additional concern.
The airport manager will relay this information to port counsel Hancock, and the document will be presented for signing, notarization and filing with the county.
5. 2012 Budget—Public Hearing; Comments from the Public re Draft Budget Documents
Members of the public were informed that they could make comments at this point, or wait until specific items were discussed during New Business.
New Business
1. Adoption of Budget for 2012
After perusing the draft 2012 budget documents for both the general fund (6721) and capital projects (6727), discussing the levy limits, levy amounts and various line items of concern, Thurman moved, Noneman seconded approval for passage of Resolution #11-17-11A, A Resolution Adopting the 2012 Budget, in a total amount of $1,263,850.00 for both general and capital funds, and the motion was unanimously carried.
Thurman moved, Wells seconded approval for passage of Resolution #11-17-11B, Levy Certification for the 2012 budget. The vote was Thurman, Wells, Hopkins yea; Noneman abstain. Motion carried.
The airport manager, as financial officer for the Port of Orcas, signed the Levy Certification which requested the levy amount for 2012 of $176,238.00 to be collected from residents of the district.
2. Introduction of New Commissioners
Each of the three new commissioners elected at the November 8, 2011 was present to be introduced to the incumbent commissioners.
After introductions, the current commissioners set January 26 at the regular noon meeting for a presentation by Adina Cunningham on the OPMA and State and Municipal Officers Ethics Act. Each of the incoming commissioners was urged to attend the WPPA New Commissioners Workshop on December 7-8, which would also permit them to be back on the island in time for the next regular meeting scheduled for December 8 at 6pm.
Airport Manager’s Report
All items in the report had been discussed as part of the meeting.
Approval of Vouchers
Thurman moved, Noneman seconded approval for payment of October 2011 general fund vouchers in the amount of $11,396.75, and the motion was unanimously carried.
Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 6:00pm, December 8, 2011 in the Port conference room.
Chair Thurman reiterated his desire to move forward with the hangar 1-23 renewal attempt one more time, and noted the letter to be sent from Port Counsel to each of the hangar owners to enlist their support and contribution to the effort.
The meeting was adjourned at 7:15pm.
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Audrey Wells, Commissioner and Secretary
Prepared by
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Bea vonTobel
Airport Manager