PORT OF ORCAS
Minutes of the Regular Meeting
July 12, 2007

Call to order and confirmation of a quorum
The meeting was called to order at 7:00P.M. in the Port conference room by Jack Becker, Chairman. A quorum was present. Attending were: Ulanah McCoy, Al Edwards, Jack Becker, Garth Eimers, Bea vonTobel, Myra and Rick Fant, Robin Watson, Frank McCormick, Eric and Laurie Johnson, Barbara LaBrash, Paul Vierthaler, Dick Griot, Byron Otten, Bob Waunch, Craig Nelson, Margie Doyle, Sandra and Eric Brandt

Approval of minutes
McCoy moved, Becker seconded approval of the minutes of the regular meeting of June 28, 2007 as presented and the motion was unanimously carried.

Public access time
Chair Becker asked whether any of the public present had comments which did not pertain to Unfinished Business (UB) item #5, dealing with Tariff #7. Hearing none, he proposed moving UB item #5 to he top of the agenda for discussion.

Unfinished Business
1. Resolution #07-26-07---Tariff #7—Private Property User Fees, General Aviation Use
Chair Becker prefaced the discussion by noting that two items appeared to guide the commissioners’ decision to again revisit the concepts contained in the tariff: 1)the acceptance of FAA/federal funds (Airport Improvement Grants), which contained wording in the grant assurances regarding adherence to FAA minimum standards and the fee and rental structure of the airport and, 2)item five (5) in the original Ferris deed, which mentioned ‘payment of usual charges as made to others for like use, but always subject to such rules and regulations as may be established’. In this case, Becker noted, the port’s interpretation took into account the crossing of port property in order to gain free use of the runway. After making those statements, Becker opened the floor for comments.
Rick Fant recounted the history of the tariff, noting the items which had been presented in past public meetings.
Eric Johnson stated that those inside and outside the fence must be treated equally, so that those who owned/leased hangars from the port would also be assessed via the tariff.
Bob Waunch mentioned the long history of the various attempts of the port to create and levy the tariff, starting in 1992.
Barbara LaBrash stated that it was more important to protect the rights of the community before bowing to the pressure of the FAA.
Dick Griot mentioned a possible conflict of interest with two commissioners (Becker and Eimers) who owned hangars. Eimers noted that any possible conflict did not include discussion of the matter.
Eric Johnson suggested that perhaps the port’s attorney or the Brandt’s attorney could write the FAA for clarification of the matter, as government agencies seem to listen more closely to attorneys than commissioners or citizens.
Rick Fant suggested that the commissioners write to the FAA that they have reviewed all the pertinent documents, decided that no action needs to be taken regarding tariff #7, and therefore not changed it from its present form.
Robin Watson suggested selling the Larson property, giving the money used to purchase it (FAA and port funds) back to the FAA, and get out from under that particular obligation. Becker noted that other grant monies, used to purchase property, erect the fence, upgrade the lighting/signage/AWOS had already been accepted, and the 20-year obligation period had not passed. Becker also noted that additional FAA funding was anticipated in the future to resurface the runway, ramp and taxiway areas.
Griot asked whether the commissioners felt the proposed tariff charge/aircraft ($320) was fair, and suggested that hangar owners also needed to pay that charge.
Johnson reiterated the suggested that a letter from the port’s attorney be drafted to the FAA regarding the commission’s decision.

Eimers suggested having the port’s attorney take a look at the concept of inside the fence v. outside the fence access.
Fant said that the crux of the argument was that the FAA has not yet said to the port, “You must . . . “, and at that point, perhaps additional decisions would have to be made.
Eric and Sandy Brandt, who are proposing to build hangars on some of the marina property which have deeded access, volunteered to have their attorney take a look at the issue with the FAA.
Frank McCormick passed out copies of research from various FAA Advisory Circulars he had compiled, which mentioned through-the-fence arrangements.
Becker, concluding, noted that the port would review item five of the Ferris deed with the port’s attorney once again, with the idea of the equality of port-property hangars and through-the-fence hangars investigated, and the presently-proposed tariff #7 with the grandfathering concept.
Becker noted that public comment would again be solicited at the next regular meeting.
The commissioners thanked all who attended to present comments.

2. Noise Abatement Brochure
The brochure had been received. Two errors were noted, and the airport manager was correcting them. Brochure holders had been ordered, and copies of the brochure were scheduled to be distributed to all commercial carriers along with a letter soliciting their support of the procedures.

3. Looking Down the Runway
a. Airport Development : Continuing Discussion
No communication had occurred between the port and Ted Enderlein.

4. Master Plan Update
A response had been received from Mary Vargas, and Charlie Riordan was scheduled to meet with her on July 13 to discuss her comments.

5. ASI Lease
Hopkins had received no response from Dave Ross.

6. Sale of Hangar #15
a. Vote on Right of First Refusal
Eimers moved, Edwards seconded the port’s right of first refusal, and the motion was unanimously carried.
b. Vote on Assignment of Lease
McCoy moved, Eimers seconded the assignment of the lease of hangar #15 from Loth Westerman and Linda Keenan to Lyndon (Tuck) Wilson, and the motion was unanimously carried.

New Business
1. Request for Review: Gerard Shores Short Plat
After reviewing the document, the airport manager was asked to write SJCCDP to note that the property fell within zone 5 of the airport overlay, and was thus subject to possible building restrictions, and that the property, being close to the airport, was subject to aircraft noise.

Airport Manager’s Report
Communications were received from: 1)Mary Vargas, FAA: e-mail via Charlie Riordan re ALP; 2)Carol Key, FAA: letter 7/5/07 re through the fence fees; 3)Eric Johnson, WSDOT/A: phone call 7/6/07 re WSDOT/A grant application

The airport manager reported on:
1. Around the Port
a. 3rd Mowing plus Clear Zone Completed
b. Larson Field Haying Completed
c. Airplane Counter
d. Schoen Lane Trimming Started
e. Additional Kenmore Flight
2. FAA Answer re ALP
3. WSDOT/A Grant
4. RNP Approach Progress

All items were informational in nature. Item #3 was news that the port had received a grant from the state in the amount of $70,000 to refurbish and paint the cement on the medevac helipad and install updated lighting. Item #4 concerned two upcoming meetings regarding the proposed RNP approach: one with representatives from SeaTec on July 13 at the airport and a second, with representatives of Kenmore Air, Empire Air, Naverus, Charlie Riordan/BWR, et al, on July 24th at the Kenmore headquarters.

The treasurer’s report for June 2007, a report of transmittals through June of 2007, and the updated payroll worksheet were accepted without comment.

Approval of Payroll/Vouchers
McCoy moved payment of June 2007 general fund vouchers in the amount of $9,090.81, and the motion was unanimously carried.

McCoy moved, Eimers seconded approval of the July 2007 payroll in the amount of $5,343.90, and the motion was unanimously carried.

Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M., July 26th, 2007 in the Port conference room.

The meeting was adjourned at 8:45P.M.

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Garth Eimers, Commissioner and Secretary

Prepared by

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Bea vonTobel, Airport Manager