Port of Orcas
Minutes of the Regular Meeting
August 28, 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, Al Edwards, Gary Abood, Ulanah McCoy, Bea vonTobel, Ed LeCocq, Jr., Steve Pearson, Judith Cook, Paul Vierthaler
Approval of minutes
Abood moved, McCoy seconded approval of the minutes of the regular meeting of August 14, 2003 as presented, and the motion was unanimously carried.
Hopkins moved, Abood seconded approval of the minutes of the special meeting of August 22, 2003 as presented, and the motion was unanimously carried.
Resignation of Frank Cantwell as Chairman
Chairman Cantwell announced his resignation as chairman of the Port of Orcas Commissioners.
Abood nominated McCoy as interim chairman until regular elections occur at the first meeting of the Commission in January 2004. Hearing no other nominations, McCoy was elected by acclamation.
McCoy, assuming the role of chairman, nominated Abood as secretary until regular elections occur at the first meeting of the Commission in January 2004. Hearing no other nominations, Abood was elected by acclamation.
Public access time
1. Judith Cook, one of three candidates for fire commissioner, introduced herself to the commissioners, who welcomed her to the meeting.
2. Ed LeCocq, Jr., one of two candidates for port commissioner, introduced himself to the commissioners, who welcomed him to the meeting.
3. Doug Smith and Bob Waunch, partner and agent for Com-Steel in the new hangar project, were present to deliver a letter (August 28, 2003) addressing their concerns about unanticipated costs and project delays caused by stormwater detention and treatment issues.
The letter outlined the county-accepted revision to the original Port design for stormwater detention and treatment, as redesigned by Hart Pacific Engineering, and was accompanied by a drawing illustrating the revision.
Com-Steel obtained bids for completion of the bioswale, and asked the Port for reimbursement of those charges (engineering, design, consulting and installation costs). In addition, because of a perceived delay in Com-Steel's ability to begin construction, Com-Steel asked for a three-month credit in the lease amount for 2003-2004, as invoiced in mid-August.
Because Com-Steel anticipated that the first hangars could be occupiable within two weeks, they offered to complete construction of the bioswale. The last hangar should be completed within a month, with the formation of the condominium association completed within a month following that date.
Smith noted that, according to the original advertisement for lease of the land by the Port, all parties assumed that drainage was the responsibility of the Port.
McCoy noted some oversight on the part of the Port regarding the drainage issue, but that some delay was the result of attorneys for the Port and Com-Steel passing paper to reassign the lease from Goodfellow to Com-Steel.
Edwards stated that Goodfellow had been made aware of drainage problems. Com-Steel then entered the picture. Edwards did not favor payment for charges which were not under the control of the Port, and noted that additional building in the drainage basin had brought more water to and through the Port.
Cantwell asked about the location of the flow-splitter. He also stated that at the meeting of Cantwell, McCoy, Smith and Waunch on August 27, he had felt threatened with legal action. He added that, according to Port Counsel, a three-month period was actually under time for lease transfers to be accomplished, so he would not favor a credit for delay. He would consider a compromise in the costs for bioswale construction.
Abood stated that there was no delay on the part of the Port, and that Com-Steel had come looking for a handout. He quoted the lease document, noting that the land was to be accepted in as-is condition. He noted that the original plans done by Goodfellow had allowed for detention and treatment on site, and that the present plan left much less permeable area for those functions. He urged Com-Steel to lease the land for the bioswale from the Port; otherwise it would constitute a gift of public funds. He stated that his major interest was protecting the tax base and not allowing the Port to misspend public funds.
Hopkins stated that he was opposed to Abood's position, and that he was open to a compromise amount.
Waunch stated that the only question which needed to be answered by the Port's attorney was whether the lease from Goodfellow to Com-Steel was assignable, and that Port Counsel had caused a delay by imposing new conditions in the lease agreement.
Abood moved, Edwards seconded refusing the offer from Com-Steel (receipt of a lease fee reduction equivalent to the engineering, design, consulting and installation costs of the storm drainage system and a credit equivalent to three months' lease fee to reduce the 2003-2004 lease period invoice) as presented.
Waunch requested that Abood recuse himself from voting on this motion because of involvement in a similar project for his employer.
Edwards stated that he did not want to go to court over this issue and that there must be some mutual ground for discussion and compromise. Referring to the letter from Com-Steel, he stated that 'this is lawyer stuff'.
Abood, Edwards, McCoy, Cantwell yea; Hopkins nay. Motion carried.
Cantwell moved, Abood seconded granting a credit in the amount of $4,500.00 to construct the bioswale as delineated in the letter and drawing presented August 28, 2003.
Abood asked whether Com-Steel would be leasing the land on which the bioswale was to be constructed, and noted that on his part, this issue would disappear if the offer of the motion were to be accepted by Com-Steel.
Hopkins stated that he was a bit uncomfortable with the amount of the offer, as he felt an element of fault by the Port.
McCoy stated that she would prefer to offer a higher amount.
Cantwell, Abood yea; Hopkins, McCoy nay; Edwards abstain. Motion failed.
McCoy moved, Hopkins seconded granting a credit in the amount of $6,000.00 to construct the bioswale as delineated in the letter and drawing presented August 28, 2003.
McCoy, Hopkins yea; Edwards, Abood, Cantwell nay. Motion failed.
Edwards moved, Abood seconded granting a credit in the amount of $4,500.00 to construct the bioswale as delineated in the letter and drawing presented August 28, 2003. Edwards, Abood, McCoy, Cantwell yea; Hopkins nay. Motion passed.
The airport manager was asked to draft a letter to Com-Steel noting the above motion.
4. Steve Pearson, owner of 100'x400' lot directly south of the clear zone, was present to ask whether the Port would be willing to grant a sanitary easement so that he might drill a well to get water to his property. He was also looking for input from the Port re his proposed use of the land for storage and an office. He was aware of the noise and the safety issues, and had some ideas about how to mitigate them. He also said he would provide the Port with a plot plan of proposed development.
The airport manager was asked to consult with the FAA re the sanitary easement, and provided Pearson with Form 7460, which needed to be filed with the FAA.
Hopkins stated that one of his concerns (as a member of the EWUA board) was that of well contamination and the continuing health of the aquifer.
Unfinished Business
1. Port of Orcas Capital Projects for 2003: status report
Most of this information was contained in the airport manager's report. The preconstruction meeting was scheduled for the afternoon of September 4, with construction scheduled to begin either September 15th or 22nd, depending on availability of materials.
Edwards moved, Hopkins seconded using reflectors only on the 25'x50' oval west of the terminal, and using reflectors only on the east side of the long oval north of the terminal.
Discussion centered around the confusion which would result when two types of lighting are present in the same area.
Hopkins, Edwards yea; McCoy, Abood, Cantwell nay. Motion failed.
Edwards moved, Abood seconded using reflectors only on the 25'x50' oval west of the terminal. Edwards, Abood, McCoy, Hopkins yea; Cantwell nay. Motion carried.
2. Pending litigation: status report
Cantwell reported that Alexander (attorney for Stevens) had given material to Port Counsel for study.
Abood asked for the status of WGEP in this matter, and Cantwell replied that WGEP had agreed to pay half of a settlement up to $25,000. Cantwell stated that he would also brief McCoy on the status of this and any other litigation currently before the Port.
New Business
1. Marlo, Inc. project status
Abood reported that a conversation with Jeff Winter, FAA, had revealed no anomalies in his plans for the hangars.
2. Thanks for service to Chairman Cantwell
Abood thanked Cantwell for jumping in as a new commissioner and taking on the duties of chairman, and expressed his thanks for a job well done, which was echoed by the other commissioners.
Communications and Airport Manager's Report
Communications were received from:
1)Washington State Auditor's Office, letter 8/22/03, re audit report release.
Airport Manager's Report
The airport manager reported on:
1. Around the Port
a. Crack-sealing
b. Deer kill
2. Capital Projects Update
a. Jeff Winter visit
b. Preconstruction meeting
Approval of Payroll for August 2003
Abood moved, Cantwell seconded approval of payroll for August 2003 in the amount of $3,424.78, and the motion was unanimously carried.
Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M. on September 11, 2003.
The meeting was adjourned at 8:27 P.M.
Minutes prepared by Bea vonTobel, Airport Manager
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