PORT OF ORCAS
Minutes of the Regular Meeting
June 12, 2003
Call to order and confirmation of a quorum
The meeting was called to order at 7:00P.M. in the Port conference room by Frank Cantwell, Chairman. A quorum was present. Attending were: Frank Cantwell, Steve Hopkins, Gary Abood, Ulanah McCoy, Bea vonTobel, Paul Vierthaler, Curt Johnson, Myrna Fant, Mike Damoth. Two attendees did not sign in.
Approval of minutes
Hopkins moved, McCoy seconded approval of the minutes of the May 22, 2003 regular meeting as presented, and the motion was unanimously carried.
Public access time
Curt Johnson was present to inquire whether the Port wished to have all the survey corners re-examined and replaced if they had been moved/misplaced during fence construction. He noted that he was about to replace two items which the airport manager had requested by replaced, and offered a price of $1,500.00 to complete all the Port marks. After discussion, the Commissioners agreed that, since the fence was already in place, unless there was a need for the additional work, there was no apparent need to examine all the corners.
Paul Vierthaler returned to hear an answer from the Commissioners about the widening of the Parnell taxiway and a change in the culvert size beneath it. Information from the airport manager's report noted that there would be no disturbance of the bioswale configuration. Action on this item was scheduled for later in the meeting.
Unfinished Business
1. Port of Orcas Capital Projects for 2003: status report
The 90% drawings and specifications had been received, and discussion centered around the time of construction, the comparison of LED and incandescent lights for the taxiway, and the need for close tracking of the Port's share of the expenses and the overall expenses during both the design and the construction phases.
Commissioner Abood inquired as to whether the necessary permits had been obtained, and it was noted that the time frame provided for submission of permits to SJC on June 10, a date already passed. The airport manager was asked to check with David Williams on this matter.
It was also noted that a review meeting has been scheduled for June 18, at which time any further concerns from all parties need to be addressed. Between this meeting and the next regular Port meeting, the 100% documents will be produced, advertisement of bids will occur, and a pre-bid meeting are scheduled.
2. Pending Litigation: status report
Commissioner Abood stated that he thought the Kihlstrom matter might be settled as soon as June 13, and said he would keep the Port apprised of any developments.
Chairman Cantwell reported on the several-party teleconference held earlier in the day re the appeal to WGEP re representation in the Stevens matter. No decision had been rendered by the conclusion of the call, and additional information on the sequence of events and non-notification was requested by WGEP, which was provided through Port Counsel Hancock.
3. Access Document: status report
The final draft of the document had been distributed to pertinent abutters for comment. A reply had been received from Shawn Alexander, attorney for Dan Stevens. Port Counsel Hancock had composed a reply for the Commissioners.
Commissioner Abood, who spoke as a representative of Marlo, Inc., noted that the document appeared to have two fatal flaws: 1)the document was a defacto modification of a deed and therefore has no force; 2)the number of landowners this might affect is only three and represents a lot of work for not much effect.
Cantwell moved, Hopkins seconded adoption of the "Policy Regarding Parcels With Deeded Access" as presented. The vote was McCoy, Hopkins, Cantwell yea; Abood nay. Motion carried.
Vierthaler added that a precedent had already been set with the provision of gates for other abutters, and wondered whether this might generate legal problems in the future.
4. FedEx Lease: consideration of counteroffer
After discussion, Cantwell moved, Abood seconded extension of the FedEx lease for a four-year term, from January 1, 2005 through December 31, 2008, at a 4% compounded increase per year, figured on the 2004 rate of $201.00/month, and the motion was passed unanimously, with McCoy abstaining.
The airport manager was asked to convey this information to Mark Yankello, the attorney for FedEx.
New Business
1. Parnell Taxiway Improvements
Cantwell moved, Abood seconded approval of Island Excavating's plans for the Parnell taxiway widening and replacement of culverts, and the motion was unanimously carried.
2. New Hangar Project: Position of hangar doors when open
Commissioner Abood wished a more definitive decision than was contained in the airport manager's report. He noted that the door appeared to violate the lease agreement by protruding into Port property which was not leased.
3. Proposed Frequency Change: status report Chairman Cantwell noted that information had been received about the proposed frequency change, and stated that no change would occur before January 1, 2004. He also noted that there still appears to be some confusion about the sequence of events so far.
Communications and Airport Manager's Report
The AM noted communications from:
- Driver Alliant, letter 5/21/03 re liability policy renewal;
- Diana Hancock, letter 6/10/03 re Attorney Alexander's comment on the access draft.
The Airport Manager reported on:
- Around the Port
- State audit information
- Port policy on access
- FedEx lease information
- Capital projects breakout
Under item #1, the continuing problems with deer trapped inside was noted. A representative from Fish and Wildlife will be here on June 26 to tranquilize and remove the deer. Discussion about how to deal with future deer will also be discussed at that time.
Vierthaler noted that the Port needed a plan to deal with future incursions, and the AM was asked to work on such a plan.
Items #2 and #5 were informational and needed no action.
Items #3 and #4 were dealt with during previous portions of the meeting.
Approval of Vouchers for May 2003
Abood moved, Cantwell seconded approval of general fund expenditures for May 2003 in the amount of $3,357.68, and the motion was unanimously carried.
Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M. on July 10, 2003.
Chairman Cantwell adjourned the meeting at 8:20P.M.
Minutes prepared by
Bea vonTobel, Operations Manager
May 22, 2003 Port of Orcas meeting minutes
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