After 15 years of discussion about free access rights of adjacent properties to the airport, the Port might be sued by its neighbors.
At a regular Port Commission meeting Thursday night, Paul Vierthaler delivered a statement on behalf of the majority of property owners affected by a fee.
“If there is any resolution, or any similar action degrading our deeds, is implemented, we will be forced to take legal action,” Vierthaler said.
After reviewing the first draft of the Port Commission’s resolution to assess a fee of neighbors presented at last month’s meeting, over 20 property owners got together on Wednesday, Oct. 7 and decided it was time to explore legal action against the Port. A large showing of those neighbors filled the conference room Thursday night.
“We fully support the Port,” Vierthaler said. “As we’ve said before, we’re your best neighbors. We’re willing to work with the Port to try to help you resolve your problem with the FAA. Just like you would, we’d like to see this permanently resolved. It’s just gone on way too long.”
The Port is being forced to assess a fee of properties adjacent to the airport because the FAA unilaterally opposes residential development around airports and will not continue to provide funding to the Port of Orcas unless they assess a fee and actively discourage residential development bordering the airport. The Port has accepted grants and assured the FAA that they will take these actions. If the Port doesn’t do what the FAA is asking, they will be held in noncompliance. This means they will no longer receive funding and will be held accountable for funding already received. They could face having to return nearly $2 million.
Some of the property owners feel the FAA’s policy is a form of forced manipulation and the Port would be better served without dependence on a government agency.
Vierthaler has suggested the Port become more business-minded and actively pursue sustainable revenue other than FAA grants. A fundraising campaign to alleviate the Port’s obligation to the FAA was not suggested.
Chair Garth Eimers said it is possible for the Port District to take more revenue from tax base than they currently do and also go to the taxpayers with a levy in the absence of FAA funding.
Property owners believe their access to the airport is inherent in their deeds based on the sale by Harold and Virginia Ferris of the property to the Port in 1959. The sale price was $14,000 and according to property owners, it granted free access rights to the airport.
“I’m not a person who believes in taking legal action. It was a real tough decision,” Vierthaler said. “It’s a property rights issue at this point. It is not about the fee. It is about what is right and what is wrong.”
Eimers said it is his fiduciary responsibility to see to the health of the Port and believes without the FAA’s support the Port of Orcas would deteriorate. He also cited past commitments made to the FAA.
“I have a difficult time accepting violations from previously made contracts,” Eimers said.
Returning for the first time while recovering from illness, commissioner Alan Edwards said, “We shouldn’t fear the FAA. What we should fear is a legal battle with our neighbors. I believe we should work with the taxpayers.”
Port Positions
Meanwhile, the Port had three commissioner positions open for election this year. Nobody applied to run for position #2. The two candidates up for election in November are current commissioner Steve Hopkins, running for position #4, and Audrey Morrison Wells, running for position #1. Both are running unopposed. Commissioners Ulanah McCoy and Garth Eimers are not running for reelection. Port commissioners serve four-year terms.
