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HomeMy WebLinkAboutMinutes - Minutes - Aviation Advisory Commission - Meeting Date: 10/12/2011 MINUTES AVIATION ADVISORY COMMISSION GLENDALE MUNICIPAL AIRPORT 6801 N. GLEN HARBOR BLVD. GLENDALE AVIATION CONFERENCE ROOM GLENDALE, AZ 85307 OCTOBER 12,2011 7:00 PM I. CALL TO ORDER The meeting was called to order by Chair Ron Cohoe with the following Commissioners present: Vice-Chair Carl Duggins, Bill Kelly and Robert Irons. Also present were Walter Fix, Interim Airport Manager; Jamsheed Mehta, City of Glendale Executive Director of Transportation Services; Debby Robberson, City of Glendale City Attorney Office; Bill Gillies, Luke Air Force Base; Basil Allen, Airport Air Traffic Control Tower; Bill Tresky, Gold Coast Helicopters; Clare Pryke, Valley Aviation Services. II. APPROVAL OF MINUTES OF THE PREVIOUS MEETING Commissioner Duggins motioned to approve the September 14, 2011 meeting minutes with the following change as requested by Commissioner Kelly: • On Page 4, before the first paragraph, insert discussion that was held as follows: "Commissioner Kelly asked if there would be a problem performing inspections with individual leases versus ground leases and Mr. Fix replied in the negative." Commissioner Kelly made the second. The motion passed 4 - 0. III. REQUEST FOR CONTINUANCE OR WITHDRAWL OF ITEMS None. IV. AIRPORT BUSINESS The following items were addressed: 1. Arizona Open Meeting Law Training Ms. Robberson gave a presentation on the Arizona Open Meeting Law, which included the following information: • Legislative Statement • It is the public policy of the State of Arizona that all meetings of public bodies are conducted openly and that notices and agendas is provided for such meetings. 1 • This is an Arizona statutory law: A.R.S. 38-431.09 • Requirements • All meetings of any public body must be public meetings and all persons so desiring must be permitted to attend and listen to the discussions, deliberations and proceedings. • Attend and listen does not include the right to speak. • The City of Glendale, however, does have a policy which allows for public comments within a meeting agenda. • Meetings • Any form of discussion that relates to the business or jurisdiction of the public body must occur during a properly noticed public meeting. • "Public Body": Includes Council, all appointed boards and commissions and special or advisory committees appointed by the public body. • Meetings of sub-committees are also subject to the requirements of the Open Meeting Law. • "Meeting" is a gathering of a quorum of the members of the public body and when "legal action" is discussed, proposed, deliberated or taken. This includes in person, over the telephone or via texts or email. • "Legal Action" is a collective decision or commitment pursuant to the body's scope of duties. Commissioner Irons requested clarification of how the Open Meeting Law impacts the use of sub-committees. Ms. Robberson explained that a sub- committee meeting would have to have public notice, an agenda posted and minutes taken and posted. Ms. Robberson added that no quorum of members of the Commission or a sub- committee can have a discussion of business outside of a publicized meeting. Ms. Robberson explained that this includes phone calls such as a conference call, or texts or emails. Ms. Robberson explained that if an email begins between two people regarding Commission or sub-committee business but is forwarded to others comprising a quorum, this is a violation of the Open Meeting Law as well. Mr. Gillies wondered how a violation is fixed once made. Ms. Robberson explained that any action taken would be null and void and the conversation that took place should be reiterated at a public meeting. Ms. Robberson added that if an email is sent to Staff regarding a basic question such as a meeting date clarification, other Commissioners could be copied on the email. However, of main concern is actual discussion or vote which must be done at a public meeting. Ms. Robberson continued with the presentation as follows: • Aviation Advisory Commission • Section 7-32 of GCC sets out Commission duties as to advise the Mayor and Council on the following: 2 • Maintenance and operation of the Airport • Airport rules and regulations • Proposals for Airport development • Fees imposed by city at the Airport • Leases of city property at the Airport • Land use policies at the Airport • Role of the Airport in statewide air transportation • Safety matters under jurisdiction of the Airport • Capital Improvement Programs • Noise concerns • Other matters as City Council may direct • Meetings (Continued) • Requires at least 24 hours notice with agenda. • Can only discuss and take action on agenda items. • Summaries: If a "summary" is listed on the agenda, a summary of events can be reported but not discussed. If an action comes up due to the summary report, the discussion and action would have to'be put on a future agenda. A question can be asked of the report, but no discussion can be held. • Items not on the agenda: Members of the public may make statements to the Commission but no discussion by the Commission may take place. • Records: Meetings must be recorded or minutes taken. All legal action taken and a recording or minutes posted on City website within 10 days of approval. • Members of the public can record a meeting. • Excludes "social" gatherings • However, perception can still cause a complaint • Discussion can turn to an issue that is prohibited • Extra care should be taken to ensure that Commission business is not discussed • Unintentional Meetings • A quorum of the Aviation Advisory Commission is four members. • Members should never"splinter" the quorum • Means of splintering a quorum include "Serial Communication" and "Hub and Spoke" • Executive Sessions • Closed to the public • Requires 24 hours notice and agenda • Only seven statutorily authorized types of matters may be discussed in executive session • No legal action may be taken • Discussions and materials presented are confidential • Penalties • Nullification of any action taken • Civil Penalties 3 • $500 each violation against the person(s) knowingly violating the Open Meeting Law or person(s) aiding, agreeing to aid, or attempting to aid another in the violation. • Removal from office • Attorney General or County Attorney investigates complaints and may sue • Any person affected by a violation may bring a lawsuit for enforcement Commissioner Irons asked for confirmation that this was civil action and not criminal and Ms. Robberson replied in the positive. Ms. Robberson continued with the presentation as follows: • Public Record Law • Not part of the Open Meeting Law, but does go hand-in-hand with the Open Meeting Law. • A.R.S 39-121 to 161. • Public records are open to public inspection. • Everything created or received by the government that relates to public business is subject to disclosure unless • Confidential by law (including privacy) • "Best Interest of the State" • Includes information that is received by email or post. • Any information received or sent regarding the Commission's business is subject to being disclosed and/or inspected. Chair Cohoe thanked Ms. Robberson for a very informative presentation. Chair Cohoe felt the information regarding the sub-committees was very helpful. Mr. Mehta stressed that this was put on the Commission's agenda because of prior requests for information on sub-committees and also because the Attorney's Office is making these presentations to all city Boards and Commissions. 2. Update on FAA and the Corrective Action Plan(CAP) Mr. Fix stated that the first phase of the initial inspection, which included hangars and storage units, was completed as of September 30th, which was the original deadline. Mr. Fix noted that many hangar occupants were out of town or out of state but some of these tenants did provide other means of access. Mr. Fix added that some occupants will not be back until this month and by the end of October, nearly 100% of inspections should be completed. Mr. Fix stated that the majority of people were very cooperative with the inspection process. Mr. Fix stated that the Airport is on schedule with the CAP timeline that the FAA has approved. Later this month, individual inspection worksheets and letters will be sent to the occupants. Chair Cohoe inquired about the letter. Mr. Fix explained that the original inspection worksheet will be sent along with an Overall 4 Compliance or Non-Compliance letter. Mr. Fix stated that a copy of the documents will be kept for the FAA and Airport internal use. Mr. Fix stated that the next steps are to finalize the process of Annual Inspections, Random Inspections and Inspections-as-Needed with the FAA. Mr. Fix noted that this process is typical and many other airports have gone through this process with the FAA. Mr. Fix commented that the plan should be approved soon. Mr. Fix announced that another issue to be worked on with the FAA is the Airport Layout Plan. Chair Cohoe inquired about the number of non-compliant occupants. Mr. Fix replied that the tally is still in process. Mr. Fix explained that there are three pieces to the inspections: aeronautical, non-aeronautical and building safety/fire code. Mr. Fix stated that an occupant could be in overall compliance even though there are many minor infractions to resolve. 3. Update on the West-MEC Program Chair Cohoe stated that on October 6, 2011, he and Mr. Fix attended the dedication and ribbon-cutting at the West-MEC Open House. Mr. Fix was impressed by the size of the school, the state of the art classrooms, the many equipment donations and the motivated teachers. Mr. Fix also was moved by a testimonial given by a current student. Mr. Fix enjoyed the behind- the-scenes tour. Mr. Fix commented that at the event, he learned that Mr. J.F. Long was a B29 aircraft mechanic in WWII. Chair Cohoe stated that the land for the school was donated by the John F. Long family and the family really wanted to have this project completed. Chair Cohoe stated that the Long children spoke at the event regarding how important this project was to Mr. Long. Chair Cohoe added that there are 34 students in the inaugural class and his son is one of these students. Chair Cohoe stressed that it was a very good event. 4. Sub-Committee Reports Chair Cohoe commented that in light of the information regarding the Open Meeting Law and how it impacts the sub-committees, the Commission should have a detailed discussion regarding the existence of sub-committees. 5 Commissioner Kelly motioned to address at the next Commission meeting whether or not the Sub-Committees should be continued. Commissioner Duggins made the second. The motion passed 4 - 0. V. SUMMARY OF CURRENT EVENTS Mr. Fix provided an update on current projects at or impacting the airport, which included the following: • The City is getting close to finalizing a lease with new proprietors for the Airport restaurant. Mr. Fix is hopeful that this issue will be on the Commission's December agenda for review and recommendation. • The City was awarded the Super Bowl for 2015, which is very good news. Airspace and ramp planning will need to be addressed as the event nears. Commissioner Irons stressed that fuel prices will need to be competitive. • Mr. Jim Nordstrom of Glendale Aero Services attended a National Business Aviation Association conference in Las Vegas "to network and distributes information regarding the Glendale Airport. • Mr. Fix is working on finalizing the Five-Year Capital Improvement Project list with ADOT and the FAA. Commissioner Irons wondered if this would include any projects relating to Airport security. Mr. Fix replied that security projects would come from a different funding source and hopefully there would be some funding from the Glendale Police Department for additional security cameras. Chair Cohoe inquired about a control tower operations report. Mr. Allen stated that for most of the year, operations have been slow. However, September 2011 operations surpassed September 2010 operations by 43%. Mr. Allen is therefore hopeful that this trend will continue and that operations will continue to surpass 2010 figures at year end. Mr. Allen stated that as of September 2010, operations were just above 86,000 and as of September 2011, operations were already at 80,000 with a few more months left in the year. Mr. Allen added that there have not been any noise complaints. However Mr. Allen cautioned that with the cooler weather, more people open their windows and thus there will be some noise complaints. Commissioner Irons wondered if there has been any impact on tower operations due to the tower improvements. Mr. Allen replied that all impact has been for the positive. Mr. Fix added that this upcoming Tuesday, he will attend the Arizona Airports Association Fall Conference in Gilbert representing the Glendale Airport. VI. CALL TO THE PUBLIC No business from the floor was presented. VII. NEW BUSINESS REQUESTS 6 Commissioner Duggins suggested an update on the status of the wetlands project near the airport. Mr. Mehta clarified that this the Aquifer Recharge Project by SRP and will follow up on a status update for next month. Chair Cohoe suggested a discussion on sub-committees and a possible tour of HALO. Mr. Fix followed-up on a previous request for a visit by Mr. Tony Garcia, Airport Compliance Specialist, at a Commission meeting. Mr. Fix stated that he spoke with Mr. Garcia who was unclear as to when he would be able to travel. Furthermore, when Mr. Garcia does come to the valley, he has to visit two airports and so it is not known if he will be able to time his visit with a Commission meeting. VIII. NEXT MEETING TIME The next Commission meeting will be held at 7:00 p.m., Wednesday, November 9, 2011 on the second floor Conference Room of the Airport Terminal Building located at the Glendale Municipal Airport, 6801 N. Glen Harbor Blvd Suite 201, Glendale, AZ. IX. COMMISSION COMMENTS AND SUGGESTIONS None made. X. ADJOURNMENT Commissioner Kelly motioned to adjourn the meeting at 7:58 p.m. Commissioner Duggins made the second. The motion passed 4 - 0. The Aviation Advisory Commission Meeting Minutes of October 12, 2011 were approved t the Commission Meeting of November 9, 2011. i f , Walter L. Fix Interim Airport Manager 623-930-2188 7