PORT OF ORCAS MEETING MINUTES

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Port of Orcas information and list of meeting minutes

Minutes of the Regular Meeting November 14, 2002

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, Myrna Fant, Malcolm Goodfellow, Edward A. LeCocq, Jr., Doug Smith, Sarah Brown, Bob Waunch.

Approval of minutes
Edwards moved, McCoy seconded approval of the minutes of the regular meeting of October 24, 2002 as presented, and the motion was unanimously carried.

Public access time
Bob Waunch inquired about the status of the Ferris-Koltun quit claim deed and was informed that it was ready for recording. He offered to carry it to Friday Harbor on Friday and take care of the details, then also file the BLM for the new hangar land project as well. This cleared the way for the beginning of clearing and excavating of the new hangar land project, provided erosion controls were first installed.

Unfinished Business

1. Wildlife perimeter fence: status report
Much of the information on this item was presented as part of the Interim Airport Manager's report (item #1).

There was some discussion about the special hunting season from Thursday-Sunday, particularly about stressing safety to those who might hunt. Chairman Cantwell asked that the IAM supervise those hunters who might participate.

Abood moved, Cantwell seconded acceptance of the fence project (AIP 3-53-0023-04) as completed, and the motion was unanimously carried.

2. Port of Orcas Capital Projects for 2002: status report
Commissioner McCoy reported on the conversation she had with David Williams earlier in the day re the stormwater project, and noted that a draft report should be available next week re what might be needed at full buildout. Their discussion centered on whether culverts might have to be resized if wetland retention was not sufficient. All calculations had been completed; no cost estimate of what improvements might be needed has been figured.

The required independent estimate of capital projects costs from Reid-Middleton has been received and is noted as the capital projects expenditure for October 2002, ready for approval later in the meeting.

Cantwell moved, Hopkins seconded accepting the scope of work and fee proposal from W&H Pacific for the 2003 Airport Capital Improvements (AIP 3-53-0023-05) in the amount of $183,220 and the motion was unanimously carried.

3. 2003 Budget: Resolutions 11-14-02A and 11-14-02B
Abood moved, McCoy seconded adoption of Resolution 11-14-02A, Adopting the 2003 Budget, and the motion was unanimously carried.

Cantwell moved, Edwards seconded adoption of Resolution 11-14-02B, Setting the Property Tax Levy for 2003. Cantwell, Edwards, McCoy yea; Abood nay. Motion carried.

New Business

1. Request for reassignment of lease by Malcolm Goodfellow
Goodfellow was present to further explain his letter of 11/10/02 and answer questions from the Commissioners. Doug Smith of Com-Steel was also present to offer answers to Commissioners. The reason for the Goodfellow request was the reluctance of possible hangar-owners to become enmeshed in litigation currently pending between the Port and Bob Kihlstrom. Com-Steel has offered to accept the reassignment because his firm is not a party to the lawsuit, so even if the Port fails in defense of the litigation, any leases would be protected. Com-Steel would form the condominium association now, and place all deposits and payments into escrow, which would then be released upon completion of the project and issuance of clear titles to the new hangar owners. Com-Steel would also finance and build the hangars and reimburse Goodfellow for the lease payment made and any permitting fees.

Discussion then turned to possible barriers to this proposal. Port Counsel Hancock had provided a draft of a reassignment document, which was scheduled to be discussed between Port Counsel and the attorney for Com-Steel, with final language to be approved by Port Counsel before submission for acceptance by the Commissioners.

The second issue, that of SJC Permit Center and the stormwater issue, needs to be dealt with in a timely manner so that when the buildings are completed, a certificate of occupancy will be issued for the hangars. Commissioner McCoy and the IAM will work on this, with a report to be forthcoming at the next meeting.

Commissioner Hopkins remarked that if someone was willing to accept the assignment of lease is willing and able to do it, it should work in the Port's favor, and any extraneous matters need to be dealt with by the persons involved.

Ed LeCocq asked how this arrangement might affect the Kihlstrom suit. Commissioner Abood noted that this would be a question to ask of Port Counsel.

Hopkins moved, McCoy seconded approval of the transfer of lease pending approval of acceptable language by Port Counsel. Hopkins, McCoy, Cantwell, Edwards yea; Abood abstain. Motion carried.

2. Meeting schedule for November and December 2002
After discussion, Cantwell moved, McCoy seconded canceling the second meetings for both November and December 2002, and the motion was unanimously carried.

3. Evaluation of Interim Airport Manager for 2002
Chairman Cantwell introduced this topic by stating that the process, as outlined in the personnel manual, needed some adjustments. He noted that the draft evaluation form had been redesigned so as to be better aligned with the specific duties described in that document, and offered it, along with his evaluation of how he saw those duties completed for 2002. He also noted that he thought it important to revise the manual so as to allow dissenting opinions of Commissioners who were not a part of the two-person evaluation subcommittee to become part of the record of evaluation.

After discussion, there was further revision of the form. Commissioners were asked to use the draft form, as revised, to provide input to the evaluation subcommittee, and to place such documents into his mailbox within a week. He also asked Commissioners to include comments on that form, and to further list goals for 2003 for consideration for the 2003 evaluation.

The IAM noted that a recommendation for the pay rate for 2003 needed to be voted on at the next meeting, as it would take effect for the January payroll.

Communications and Airport Manager's Report
The IAM presented communications from:

1. Rugby Aviation
2. WPPA
3. WGEP
4. SJC Fire Protection District #2
5. EPRC;
6. Diana Hancock (two items)
7. W&H Pacific
8. Malcolm Goodfellow
9. Lisa Byers, EPRC

Items #1and 6 were discussed during Operational Issues and new business respectively; items #2-5 were informational only; item #7 was discussed during unfinished business; item #8 was discussed during new business. Re item #9, Commissioners Hopkins, Abood and McCoy expressed interest in attending the EPRC meeting.

The IAM reported on:

1. Fence project
2. Capital projects
3. Projects around the Port
4. Evaluation form
5. Vacation dates; dates out of office
6. Budget reports: income and expense

Operational Issues
It was noted that Rugby Aviation LLC will have use of the conference room as needed as part of the lease agreement of the northeast terminal office. Lease negotiations were scheduled for the week of November 18.

Commissioner McCoy inquired about allowing WIA to wash cars south of the terminal during winter months. After discussion, no action was taken.

An inquiry concerning Bob Waunch's position as project manager for the new hangar project was forwarded. No further discussion followed.

Commissioner Hopkins briefed the other Commissioners on a meeting with Windermere Real Estate agents and the IAM held earlier that day, in which it was learned that the 40+ acres on the north and western boundaries of the airport would be offered for sale by Bellevue Mortgage. The meeting had proved informative, and at the conclusion the IAM forwarded particulars to Jeff Winter, FAA, informing him of possible interest by the Port to purchase same. However, 2003 capital projects monies have already been allocated, and that would make the purchase difficult. Investigation and communications with Jeff are scheduled to continue.

Commissioner Abood reported on the Lunde litigation status. Scott Jacobsen has been appointed as his (Abood's) individual attorney. The two questions which need to be answered, according to Abood, are whether consent is required, and whether a counterclaim is allowable.

Chairman Cantwell noted that there is to be no discussion between the Commissioners and litigant Lunde at this point.

Chairman Cantwell also noted that until WGEP replies to the appeal asked by Port Counsel Hancock, the Stevens matter is on hold.

Chairman Abood also reported that he was sure that Bob Kihlstrom would be filing against Malcolm Goodfellow, and then Doug Smith (Com-Steel).

Approval of Vouchers for October 2002
Abood moved, Cantwell seconded approval of general fund expenditures for October 2002 in the amount of $8,588.39, and the motion was unanimously carried.

Abood moved, Cantwell seconded approval of capital project fund expenditures for October 2002 in the amount of $1,982.50, and the motion was unanimously carried.

Next Meeting and Adjournment
The next regular meeting of the Commission was scheduled for 7:00P.M. on December 12, 2002.

Chairman Cantwell adjourned the meeting at 9:10 p.m.

Minutes prepared by Bea vonTobel, Interim Airport Manager

Port of Orcas October 24, 2002 meeting minutes

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