Port of Orcas
Minutes of the Regular Meeting
September 8, 2005
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 pro tem. A quorum was present. Attending were: Ulanah McCoy, Al Edwards, Jack Becker, Bea vonTobel, Wayne Munich, Paul Vierthaler, Robin Watson, Barbara LaBrash, Myrna Fant, Frank McCormick, Bill Dallas, Byron Otten, Mike McKinstry, Merrill Wien.
Approval of minutes
Edwards moved, McCoy seconded approval of the minutes of the regular meeting of August 25, 2005 as presented, and the motion was unanimously carried.
Public access time
Chairman pro tem Becker asked whether there were any comments from the public present which were unrelated to item #2 under unfinished business. Hearing none, Becker asked to rearrange the unfinished business agenda so that item #2 could be handled first for the convenience of the public.
Unfinished Business
1. Tariff #7: Solicitation of Additional Public Input
Becker opened this item for discussion by distributing copies of the letter of 9/2/05 from Jeff Winter, FAA, to those present. The airport manager reported that, due to an error message in the WSDOT/A database, no additional information regarding access/user fees had been obtained.
Edwards noted that he was personally satisfied with the increased tax rate being paid by abutters equivalent to any imposed access/user fee, feeling that the FAA was playing too heavy a part in airport business. He further stated that should any fees be imposed, they must be equitable among all shareholders.
Vierthaler offered statistics on two separate properties he owned, noting that the piece abutting the airport was assigned a higher value out of proportion to a second piece which does not abut, stating that the airport piece paid 45% more in property taxes.
McKinstry stated that he would not pay any fees assessed, and wondered why the issue was again being discussed after supposedly having been settled.
Otten offered that the port was misinterpreting the original Ferris deed, and stated that the new property on the west side of the airport was not a part of the original Ferris property, and therefore did not have deeded access. Otten further stated that any fees imposed by the port would indeed be double taxation.
McCoy, attempting to clarify the concept, offered that perhaps user fees would be a more acceptable term, noting that access had already been established.
Otten also asked why this topic was being revisited at this time. Becker responded describing the July visit by the FAA's Carol Key to the Port and her assertion that the Port must begin charging a user fee.
McCormick offered that so-called through-the-fence language dealt with nondiscrimination, not safety, and that there was a difference between being in a position of compliance and in submission.
LaBrash wondered whether the FAA was being extortive in their request, couching it in terms of safety.
McCormick stated that money was not the issue, as no single issue drives any FAA mandate. He noted that it would be relatively easy to discern the average tax rate/acre on Orcas, compared to the airport-accessible tax rate/acre.
Fant asked to have access to public documents to gain a perspective on the entire argument from both sides.
Becker noted that not all documents were available for public scrutiny, as several were labeled 'attorney-client privilege'. The airport manager was asked to submit those documents to Port Counsel Hancock for an opinion.
Edwards moved to open those letters from attorneys' past opinions to immediate access by the public. The motion was lost for lack of a second.
The airport manager was asked to research those particular regulations which address easements at airports, and be able to cite 'chapter and verse' of applicable language. Becker offered to e-mail Carol Key with this request. Watson and McCormick both recommended against contacting the FAA about the regulations, suggesting an independent search should be conducted first, since the Seattle FAA office has already demonstrated a biased view of the matter. The airport manager was also asked to research property tax valuations and assessments for properties subject to the Ferris deed, and compare those rates to other properties which might have been valued at a higher number because of special use.
Becker reiterated his intent to search the FAA regulations for the citations of items and requirements relative to through-the-fence access and fees. LaBrash agreed, at Becker's request, to help research the tax assessments for the county as a whole and the properties adjacent to the airport.
2. Looking Down the Runway: Continuing Discussion
Becker talked about the meeting of 9/1/05 with John Van Lund, Alan Lichter, Hopkins, the airport manager and himself regarding the possible reopening of the stormwater grant from SJC. No word had been received as of the port meeting.
Becker noted that no word had been received regarding the RESPA for the property at the ferry landing. This item was also discussed at the 9/1/05 meeting, with interest from SJCPW in a possible partnership for purchase.
Becker also noted that no further action had occurred on the fiber optic grant application.
New Business
None
Airport Manager's Report
Communications were received from: 1)WGEP, fall newsletter; 2)Jeff Winter, FAA letter 9/2/05 re access; 3)SJC Planning Commission, notice of public hearing re ESA.
The airport manager reported on:
- Around the Port
- Signs
- AWOS Servicing
- GPS Approach Update
- GPS Plate Boundary Observatory Update
- Budget for 2006, #1 Newsgram
- Off-Island
- RESPA and Stormwater Update
- Access/User Fees Survey, Info
- CD Maturation
- Health Insurance Rate Change
Items # 1, 2, 3, 5, and 8 were informational in nature. Items #6 and 7 were considered during unfinished business. For item #4, the airport manager presented worksheets and information for the commissioners to consider as the 2006 budget was built and offered for action at a public hearing and adoption, generally scheduled for the first meeting in November. For item #9, McCoy moved, Becker seconded changing the rate for the airport manager's medical stipend from $350.10 to $400.10 per month, starting with the September 2005 payroll, and the motion was unanimously carried.
Approval of Payroll/Vouchers
McCoy moved, Becker seconded approval of August 2005 general fund expenditures in the amount of $2299.63, and the motion was unanimously carried.
Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M., September 22, 2005 in the Port conference room.
The meeting adjourned at 9:00P.M.
Minutes prepared by Bea vonTobel, Airport Manager
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