PORT OF ORCAS
Minutes of the Regular Meeting
July 26, 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, Steve Hopkins, Al Edwards, Jack Becker, Garth Eimers, Bea vonTobel, Barbara LaBrash, Paul Vierthaler, Robin Watson

Approval of minutes
Edwards moved, McCoy seconded approval of the minutes of the regular meeting of July 12, 2007 as corrected, and the motion was unanimously carried.

Public access time
Chair Becker inquired whether the public present had questions or information which was not related to Unfinished Business (UB) #4 (Tariff #7). LaBrash and Watson offered information regarding the planning for the 23rd annual fly-in which was scheduled for the weekend of August 3-5. Becker noted that a letter had been received requesting use of the day park for the antique car rally during the weekend. Becker then suggested that to accommodate members of the public present, UB item #4 be moved to the top of that portion of the agenda.

Unfinished Business
1. Tariff #7---Private Property User Fees, General Aviation Use: Continuing Discussion
Becker read item #5 from the original Ferris deed. He then summarized Port Counsel Hancock’s interpretation of that item, in which she stated that any fees established were for the crossing of the port’s property line in order to gain the abutter’s free access to the runway. This repudiates claims that the phrase “others for like use” means that aircraft housed in hangars or on the ramp areas of the airport would also be subject to an access fee since these aircraft do not cross the property line. However, the wording could be interpreted to mean that all aircraft that cross the property line must be treated equally, thus eliminating a proposed grandfathering of aircraft already housed on abutters’ properties. This led the commissioners back to square one in establishing a user fee.
Paul Vierthaler stated that the abutters were already charged a significant access fee by San Juan County in the form of increased taxes via assessment on their ‘special purpose’ land.
Hopkins stated that his study of the issue had led him to conclude that only a third party could settle the issue once and for all.
Becker noted that the FAA’s replies to communications from the port were mute on questions related to legal support and/or penalties for not establishing so-called through-the-fence fees.
Hopkins added he felt these more highly-valued properties resulted in a limited subsidization of the airport by all island property owners.
Vierthaler stated that ‘doing nothing’ (in regard to establishing user fees) had worked well to date, and suggested that the port notify the FAA that, “We’re working on it,” should provide the information that the FAA is looking for.
Eimers noted that any bureaucracy has multiple ways of ‘twisting your arm’ to attain compliance.
Becker, attempting to summarize his thoughts, noted that the amount of dollars which might be levied against the abutters (compared to total port receipts) v. the problems associated with collection and enforcement and the amount of time the commissioners have spent over the life-span of the issue, makes the entire exercise one in futility.
Eimers noted that the decision to bring a lawsuit is an economic decision---for both sides.
LaBrash added that making a decision just to make a decision makes no one happy.
Eimers moved, Becker seconded tabling indefinitely any further discussion on the matter of tariff #7. Eimers, Becker, Edwards, McCoy yea; Hopkins nay. Motion carried.

2. Looking Down the Runway
a. Airport Development: Continuing Discussion
No report .

3. Master Plan Update
Corrections from Charlie Riordan/BWR were being produced for the ALP and forwarded to Mary Vargas, FAA.

4. ASI Lease
No communications from ASI had been received.

New Business
None

Airport Manager’s Report
Communications were received from: 1)WPPA, July newsletter; 2)W&H Pacific, short form contract re helipad refurbishment; 3)Charlie Riordan/BWR, summary of RNP meeting 7/24; 4)ORCAS, letter requesting use of daypark

The airport manager reported on:
1. Around the Port
a. Fly-In Prep
b. Website Additions
c. Schoen Lane Fence Trimming
d. Grasylvania Gate
2. Helipad Update
3. RNP Approach Update
4. Master Plan Update
All items were informational in nature.
Approval of Payroll/Vouchers
Eimers moved, Hopking seconded approval of July 2007 general fund vouchers in the amount of $2,424.08, and the motion was unanimously carried.

Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M., August 9, 2007 in the Port conference room.
The meeting was adjourned at 8:05P.M.

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Garth Eimers, Commissioner and Secretary

Prepared by

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Bea vonTobel, Airport Manager