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HomeMy WebLinkAbout09-15-1998 Meeting I SUB-COMMITTEE MEETING CONSTRUCTED WETLANDS PROJECT COMMITTEE ROOM - September 15, 1998 1:00P.M. PRESENT: Hons. Larry Sconyers, Mayor; Bill Kuhlke and J. B. Powell, members of Augusta Richmond County Commission; Frank Dennis, Gen. Robert Gray and Rick Beard, members of Augusta Aviation Commission; Ed Skinner, Ex-Officio Member, Augusta Aviation Commission; Randy Oliver, Administrator; Jim Wall, Attorney; Albert McDill, Bush Field Airport Manager; Tom Wiedmeier, Utilities Dept. Asst. Director and Nancy Morawski, Deputy Clerk of Commission. ABSENT: Hon. W. H. Mays, Ill, member of Augusta Richmond County Commission. Also Present: George Eskola ofWlliF Television, Tracy Powell of The Augusta Chronicle, Stacey Eidson of The Metropolitan Spirit and Hons. 1. Brigham and Bridges, Comissioners. Mr. Kuhlke: I feel as we begin to talk about these issues and their ramifications that we should go into legal session to fully discuss the issues that are on the table here so I'd like to make a motion that we convene into a legal session to discuss this. I Mr. Powell: I second Mr. Kuhlke's motion. Mr. Skinner: I don't see the need for us going into an executive session. Mr. Wall: I think it is extremely important for us to go into legal session. Both the December, 1997 letter and the July, 1998 letter from the FAA comment upon certain action that might be taken including pursuing to recover payment of grant monies. The public is aware of the nature of the dispute; that has been well publicized and was discussed in open meeting back on August 24 so the issues are out there. The settlement approach that we take this, the litigation posture that we potentially might take are very much matters that should be discussed in closed meeting. One of the essential things that we need to be cognizant of is the record that will be before the FAA in the event that action is taken either under Part 139 or Part 16 and what is said in this meeting so long as it's a closed meeting with attorney/client privilege and will remain that way. If you do this in an open meeting, then you're building a record that potentially can be used against you. And I think it is extremely important to close the meeting in order that we can discuss that. I think it's clear we have a legal right to do so and I think it would be very detrimental to Bush Field and to Augusta to allow a record to be developed that could be used against us and have the comments not be protected by the attorney/client privilege. I would urge all of you to follow the legal recommendation to close the meeting. I Motion fails with Mr. Dennis, Gen. Gray and Mr. Beard voting "No". Mr. Wall: I would caution you to recognize that the comments made today can be used in any subsequent proceeding under Part 139 or under Part 16 or in any subsequent litigation that may result from this. I urge you to keep those parameters in mind because at this point it's open and I think it is also contrary to the agreement that was reached last time that this would be kept in confidence until it was presented to the FAA. I Mr. Skinner: That agreement was for that meeting. Mr. Kuhlke: I think we all agreed the discussions between Al and Randy would be kept confidential until we got back together and that it would not be given to us too early prior to this meeting. Mr. Powell and I received this correspondence about 30 minutes ago. Is what you passed out today incorporated within your memo? Mr. McDill: The substance of it, yes, sir. Mr. Dennis: I would move that the draft marked "Draft" dated September 15 which was distributed to each of us be adopted. I move for adoption of the Draft. Gen. Gray: Second. Mr. Oliver: On item 3 the one thing that Mr. McDill and I talked about was this agreement has a 15-year and out provision. If there is no bird problem and air traffic does not warrant removal of the wetlands in 15 years, that seems like a needless provision. Nobody knows what will happen in 15 years. The provision that we provided for in our item 3 was to say that if after ten years removal of the constructed wetlands is warranted by air traffic or increases in bird or wildlife population from the constructed wetlands, the County will abandon the wetlands project. We think that's more appropriate not knowing what may happen in a ten or fifteen year time frame. It just doesn't make sense to me to have a fifteen year and you're out provision. I think it's better to maintain the flexibility for all parties to be able to do that. I Mr. Dennis: The County would have flexibility; the airport would have no flexibility unless there was an agreement to remove them and the wetlands would become a permanent fixture and under some other federal regulation then that would be like a road that continues to be used over years for certain purpose and pretty soon it is in public demand. If this property were used strictly for wetlands with no termination date, then it would be accepted for that use in perpetuity under the current regulations. Mr. Oliver: If conditions in fifteen years are exactly the same as the conditions are today, it makes no sense to lock yourself into a provision that ties your hand to something that is totally unnecessary. Mr. Wall: In the last draft that was forwarded from Randy to you, Al, there was language in there about interim management. I don't think it is a major problem and I understand the concern and there's no reason where there is a concern not to put appropriate language in. I also think the appropriate language would go in the agreement I I that would be with EcoSystems Institute indicating that that is an interim and is not designating it as a wildlife sanctuary. It was never the intent of the license agreement or the operation by EcoSystems to have it designated as a wildlife sanctuary so I think the language that is currently in the license agreement as well as the other is protected in that because of the concern and we can certainly add the language and the word interim was added to the last draft that Randy had forwarded. Mr. Powell: I have some of the same concerns as the Administrator. We understand the airport plans to grow and we want you to grow. But we're looking at the implementation of some deadlines that I don't think we need to put in concrete. I don't think we can agree to eliminate the wetlands in ten years and I also am concerned about the wildlife management plan being put into effect on an annual basis. I think the bird study should be done on an annual basis and that will determine what we have to do with the wetlands and in what time frame. Gen. Gray: I would suggest that we discuss the language in each paragraph. I think you will find that paragraph 1 is identical in both documents. I Mr. Kuhlke: Al' s draft says that the County will coordinate the details of the alternate wildlife management plan with appropriate parties including Bush Field Aviation Commission. In Randy's draft it says we will coordinate the details of the alternate management plan. If this letter is going to be signed by the Mayor and the Chairman of the Aviation Commission, this is a joint effort and when you utilize the word "we", it incorporates the City and the Bush Field Aviation Commission. The County Commission is not required to report to you on anything, technically, if you want to look at it. The word "we" brings us together rather than putting us in a position where we're reporting to the Aviation Commission and that isn't the way it works. So I have a problem with that. Mr. Skinner: I'd have to disagree with Mr. Kuhlke. It's true that Bush Field is a part of the City. It just says that Bush Field will be notified. There's an entirely different situation where we deal with Waterworks Department or Bush Field or whatever else. We're spending money that the airport is entitled to. We're spending money that comes from the airport improvement program. We're not spending Augusta Richmond County taxpayer's dollars. We're dealing with an agency of the government that issues that. Without their approval, they're not going to sign off on anything. There is nothing wrong, in my opinion, with having Bush Field Aviation Commission and Bush Field Airport down at the bottom as a party to this agreement. That shows that Bush Field Commission and the City are together on this thing. I think FAA would look favorably on this but if we delete any reference to the airport, I think they wouldn't go along with it. Mr. Kuhlke: I want to see the agreement we end up with as a joint agreement. I Mr. Skinner: The bird problem will be a Bush Field problem. This says that we all will work together to solve this problem. We'd like to have the grant we're entitled to, we'd like for the City to sign off on that money we're entitled to so that we can continue to progress at Bush Field. Mr. Kuhlke: It was my understanding that the bird study is being done by someone other than EcoSystems because of a conflict there. I Mr. Wall: That's correct. Mr. Oliver: I'd like to substitute the last paragraph in our letter for the paragraph in the other one because the problem with just saying "increase" is if you had one last year and you have two this year, is that an increase? Mr. Skinner: We could put the word substantially in there. Mr. McDill: As a matter of fact, if you substitute "we" instead of "the County" in that paragraph, that's not an issue either. The only issue was including the airport as a part of the coordination effort. Mr. Kuhlke: That's what I was getting to. This is a joint letter. Mr. Wall: If both parties are signing on this, the "we" is inclusive. Mr. Kuhlke: So we're okay on number two. Are we okay on number three? I Mr. Powell: I would not like to see us hold to a concrete date on this part. Mr. Wall: I think if you go back and add the word "interim" in number two where we had added the word "interim". Mr. Dennis: We could add "interim" in both places. Mr. Wall: Yes, you could add it in paragraph two and the final paragraph. After further discussion, Mr. Powell: I know that Mr. Dennis has a motion on the floor and I would like to ask him to amend his motion to include the changes we've been over in this meeting and I'd call for the order ofthe day. Mr. Kuhlke: There are no changes in the first paragraph. Mr. Wall: In paragraph number two, as I understand it, the first sentence will read, "The exact details ofthis plan have yet to be determined but in general we, through the hiring of EcoSystems Institute on an interim basis, will manage the constructed wetlands so as to prevent the wetlands from becoming a greater attraction to birds and in particular the waterfowl. We will coordinate the details of its ultimate wildlife management plan with appropriate parties including the Atlanta Airport's District Office. Additionally, we will continue to monitor the bird and wildlife population within the I I boundaries of the constructed wetlands. Should the bird or wildlife population substantially increase so as to affect airport operation, we will immediately consult with the FAA and take appropriate action. If after ten years removal of the constructed wetlands is warranted by air traffic or increases in bird or wildlife populations from the constructed wetlands, the County will abandon the constructed wetlands project. This plan will allow for the possible construction of a parallel runway such as currently shown on the airport's FAA approved airport layout plan." On the last sentence we could say, "This interim plan will allow for the possible construction of a parallel runway such as currently shown. . ." And the last paragraph remains the same. Mr. Dennis: I will amend my motion to include that new language. Gen. Gray: Second. Motion adopted unanimously. Mr. Oliver: I think we need to discuss about carrying this letter. Mr. Kuhlke: I'd like to recommend that the Mayor, Mr. Skinner, Mr. McDill and Mr. Oliver arrange a meeting with FAA and any other appropriate body that you might want and go to their office and sit down and discuss this plan with them and hope to get some things worked out. I'll make that in the form of a motion. I Mr. Powell: Second. Motion adopted unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned. Nancy W. Morawski Deputy Clerk of Commission NWM I