Friday, February 14, 2014

The Airport Advisory Bored

Update 11 Mar:  Feb 12 board minutes contain this statement

"280  Chairman Rowland proposed that the Board’s composition be looked at because right
281 now the bylaws are fairly vague. Other than the requirement of residing in Wasatch 
282 County there are no other requirements." 

If it is now agreed that residence in Wasatch County IS a requirement, how can the board operate with three current members???  Reportedly Mr. AbuHaidar lives in summit Co, Mr. McQuarrie in Salt Lake.   (Mr. Rowland's term expired in 2013, or possibly earlier)

Further in the minutes 
379 MOTION 
380 
381 Boardmember McQuarrie made a nomination, he said, “I’ll take the seat and he (Dave Hansen) 
382 can be the vice”. 
383 
384 Chairman Rowland summarized the motion; we have a motion to accept Mel as the chair and 
385 Dave as the vice chair. Voting Aye: Board Members McQuarrie, AbuHaidar, Rowland, McFee, 
386 and Hansen. Voting Nay: none. The motion passed.
End of the addendum
**************************************

This is a review of the rules of the Airport Advisory Board and terms of office from a search of minutes and other web information. Some minutes may not show properly due to the vagaries of various document formats, thereby possibly missing some appointments)


The apparent key to the current appointment controversy might be found in this excerpt from the minutes of 11/17/2011:
"The Airport Board was also considering an upgrade to the airport from B2 to C2, and wanted to get input from the Council.     
Council Member McDonald stated the upgrade would be a substantial cost to the City and it would take out hangar row. Council Member Horner asked what would happen if the Council was against it. Anderson stated the upgrade would be taken from the Master Plan.  Council Members Horner, McDonald, and Mergist stated they were against upgrading to a C2 size airport."

The expansion of the Airport was an issue most residents of Heber City (and Wasatch County) was thought to be an issue that was laid to rest over ten years ago.   Apparently not so!

  • Nadim AbuHaidar    (2011?)
  • David Hansen         (2010/14)
  • Jeff Mabbutt           (2011)
  • Mel McQuarrie       (2012)
  • Kari McFee           (2012)
  • Erik Rowland         (2009)

  • Tom Melville (No longer listed on the website, but was  a member in 2013)
Appointment dates were not listed, but added from info below:

History:

July 3, 2003 Heber General Plan Future Vision 2020 “Heber City owns the Heber City Airport, and is responsible for all planning issues surrounding airport and related businesses. The airport should be self sustaining. Revenues from the airport need to support maintenance and development. This includes both short range and long range goals. Recognizing the important role the airport plays in the community; Heber City created an Airport Advisory Board to assist in this planning.”
5/18/2006 Koze Hallows has resigned from the Airport Advisory Board: It was explained Koze Hallows had resigned from the Airport Advisory Board. Mayor Phillips said there was a need to find someone to fill his term. He asked for recommendations from the Council. They recommended whoever was appointed be a citizen of Heber without economic ties to the airport”
01/15/2009: Appointment/Reappointment to the following Boards:
Airport Advisory Board 4-year term (Norm Eiting 2009)
Airport Advisory Board 4-year term (Kathryn Berg 2009)
Airport Advisory Board (David Remington 2011) remaining two years of Remington term
3/5/2009 Mayor Appointment to Airport Advisory Board: Councilmember Hokanson moved to approve the appointment of Erik Rowland to serve on the Airport Advisory Board as recommended by Mayor Phillips.”
2/18/2010 Steve Capson appointed (no term listed)
1/21/2010 Dave Hansen appointed (no term listed)
1/6/2011 Jeff Mabbut appointed (no term listed)
10/20/2011 Mayoral Appointment – Heber City Airport Advisory Board Member: Mayor Phillips stated Tom Melville was being recommended as a member of the Airport Advisory Board. He also recommended that Nadim Abuhaidar or one of his associates from the FBO be appointed to the Board. (no term listed), and it's unclear if this was the actual appointment for Abuhaidar, as this does NOT seem like a proper motion!  No further appointment has been found.    BUT on 8/16/2012: “Jim Morgan, Park City, stated it was his intention to move to Heber. He remarked that the 75x75 hangars were built for big business jets. Then the prices and the market declined. He thought the lease fee should not matter to the hangar sale because a buyer for that size would not be renting it. He was also concerned that the FBO owner was on the Airport Advisory Board.”
6-21-2012 Mel McQuarrie appointed (no term listed)
Appointment of Airport Advisory Board Member: Council Member Mergist asked if Melvin McQuarrie owned a hangar at the Airport. Mark Anderson said yes he did. Council Member Mergist asked how many board members owned hangars at the airport and Anderson replied there were three board members that owned hangars and one that leased a hangar. Council Member Mergist voiced concern over whether ownership mattered while serving on the board. Council Member Rowland answered that while serving on the board he had noticed most of the time the board members did have some ownership in the airport hangars, etc. Recusal, etc. has been implemented in order to avoid conflict of interest, etc” . . . Mayor Phillips also mentioned the City needed someone to serve on the Board of Adjustment, as well as an Airport Advisory Board Member”
May 17, 2012 Kari McFee appointed (no term listed)
01-16-2014 Dave Hansen reappointed (no term listed)
Of the board members listed on Heber City's website:

One current member is not “from throughout the cities and suburbs in Wasatch County.” and has a clear and continuing 'conflict of interest.”

A second member is not “from throughout the cities and suburbs in Wasatch County.” and has possibly failed the attendance requirements.

A third member (and 2013 Chairman) has reportedly completed his term of office.  

A fourth member has also possibly failed the attendance requirements.

Up until 2014, there was little controversy over Airport Board appointments, certainly no refusals to consent to the Mayor's recommendations.

It appears that the Bylaws of 2011 have been virtually ignored - perhaps rather than rewriting the bylaws, it might be helpful to try to USE them.

By apparently not following the Bylaws of 2011, this current membership does not appear to be an appropriate group to “Discuss the makeup of the Airport Advisory Board” or even to elect a Chairperson as noted in the Public meeting notice for Feb 12. 
 In fact, it may be an improperly constituted board, which could have bearing on past actions of the board.  But, as they are an advisory board, all "decisions" should have been brought to the Council.

2013 Attendance

Jan 9 Feb13 Mar apr May Jun12 Jul10 Aug14 Sep18 Oct15 Nov13 Dec11


Nadim AbuHaidar
1 1
1 0
1 1 1 1 0 7 78% Non Resident
David Hansen
1 1
0 1
1 0 1 1 1 7 78%
Jeff Mabbutt
0 0
1 0
0 1 1 1 1 5 56% Below 60% ?
Mel McQuarrie
0 0
1 1
0 1 1 1 0 5 56% Non Resident
Kari McFee
1 1
1 1
1 1 0 1 1 8 89%
Erik Rowland
1 1
1 1
1 1 1 1 1 9 100% term expired 2012 ?
Tom Melville
1 1
0 1
1 1 1 1 0 7 78%

not avail 5 5 none? 5 5 cx 5 6 'oct 9 7 4












cx





Meeting notices (and packets) are now found on Utah PMN http://www.utah.gov/pmn/index.html#
Appointment notices should be found in Heber City Council minutes.

Heber City Airport, Rules and Regulations – Adopted by the City Council November 17, 2011

EXCERPTS:

Article 3:
15 Appointment and Terms of Members
16 A. The Airport Advisory Board shall consist of (7) members;
17 B. Membership shall be as follows:
18 1. Membership will include persons of diverse interests from throughout the
19 cities and suburbs in Wasatch County.
20 2. A Technical Assistance Committee will be formed as needed to help
21 understand technical and other issues associated with the Airport or other
22 entities that might be affected by it.
23 C. The Airport Advisory Board will interface with and be supported by the City
24 Manager, his designee, and/or the Airport Manager. Heber City will also
25 provide a secretary and staff support as needed.
26 D. The terms of office for the seven appointed Airport Advisory Board members
27 shall be four years. The initial appointments shall be for, three positions two
28 years, two positions three years, and two positions four years from January 1,
29 2005.
(i.e. 3 terms expired in 2007, 2 terms in 2008 and 2 in 2009, then 2011, 2012, 2013, etc.)
Any vacancies in these positions shall be filled by a recommendation
30 from the Mayor and confirmation by the City Council. The appointment will be
31 for at the remaining time of the member whose vacancy is being filled.
32 E. Improper conduct and non-performance of duties shall result in a
33 recommendation to the Heber City Council for removal of said member.
34 Members may be removed after a public hearing, by a majority vote of the City
35 Council.
36 Article 4:
37 Airport Advisory Board Officers and their Duties
38 A. Chairperson
39 1. The Airport Advisory Board shall elect a Chairperson and a Vice-
40 Chairperson from among its members at the first regular meeting in
41 January.
42 2. The Chairperson and Vice-Chairperson shall serve for a term of two years,
43 beginning the first regular meeting in February.
44 3. The Chairperson shall preserve order, and decide all points of order, subject
45 to appeal of the Airport Advisory Board membership. Such appeal shall be
46 decided by a majority vote of the members present. The Chairperson may
47 vote on all matters before the Airport Advisory Board.
48 a. The Chairperson with the concurrence of a majority vote of the
49 Airport Advisory Board and the City Council may create such special
50 subcommittees as he/she may, from time-to-time, deem necessary
51 or desirable.
52 b. In the event of absence or disability the Chairperson, the Vice-
53 Chairperson shall preside. In the absence of both, the members
54 shall appoint a Chairperson for that meeting.
55 B. Vice-Chairperson
56 1. Perform all of the above duties in the absence of the Chairperson;
57 2. Conduct the annual review of the Airport Advisory Board actions;
58 3. Coordinate and conduct the annual meeting of the Board; and
59 4. Provide orientation to new Airport Advisory Board Members.
60 C. Secretary Article 12:

61 1. Assure true recording and maintenance of the public record, record the
62 proceedings of all hearings and meetings; and prepare the minutes of the
63 Board. Minutes shall include:
64 a. The date, time, and place of the meeting;
65 b. The names of members present and absent;
66 c. The substance of all matters proposed, discussed, or decided, and a
67 record, by individual members of votes taken;
68 d. Findings and conclusions;
69 e. The names of all citizens who appeared and who gave comments
70 and the substance in brief of their testimony;
71 f. Any other information that any member requests be entered in the
72 minutes.
73 2. All recommendations to the City Council, involving changes in the City
74 ordinances shall be submitted by the Secretary to the City Attorney for
75 review. After the review, the proposed ordinance shall be returned to the
76 Airport Advisory Board to evaluate any comments or suggestions before
77 being submitted to the City Council.


179 Conduct of Members of the Airport Advisory Board
180 A. Members of the Airport Advisory Board shall prepare themselves for hearings
181 and meetings.
182 B. Appointed members of the Airport Advisory Board shall attend at least 60
183 percent of all meetings within a calendar year. Failure to do so may be deemed
184 by the Airport Advisory Board as cause for removal.
185 C. An Airport Advisory Board member with a conflict of interest in a matter before
186 the Board must state that such a conflict of interest exists and withdraw from
187 participation in the public hearing, work session, or regular meeting on such
188 matters. Participation of a member of the Airport Advisory Board with a conflict
189 of interest may be cause for removal. The interests of that Airport Advisory
190 Board member may be represented before the Board by agenda or legal
191 representative at the public hearing, regular meeting, or work session and
192 entered into the public record. The prohibition from “participation” does not
193 exclude an Article 7.B.2 presentation or a response solicited from one of the
194 other Board members.

Meeting Excerpts

Wednesday, March 13, 2013
4:00 p.m.
Regular Meeting
Members Present: Nadim AbuHaidar Airport Advisory Board
Dave Hansen Airport Advisory Board
Kari McFee Airport Advisory Board
Tom Melville Airport Advisory Board
Erik Rowland Airport Advisory Board
Absent: Jeff Mabbutt Airport Advisory Board
Mel McQuarrie Airport Advisory Board
APRIL = No meeting???


Wednesday, May 8, 2013
4:00 p.m.
Regular Meeting
Members Present: Nadim AbuHaidar Airport Advisory Board
Jeff Mabbutt Airport Advisory Board
Kari McFee Airport Advisory Board
Mel McQuarrie Airport Advisory Board
Erik Rowland Airport Advisory Board
Absent: Dave Hansen Airport Advisory Board
Tom Melville Airport Advisory Board
Wednesday, June 12, 2013
6
7 4:00 p.m. - Regular Meeting
8
Members Present: Dave Hansen Airport Advisory Board
Kari McFee Airport Advisory Board
Mel McQuarrie Airport Advisory Board
Tom Melville Airport Advisory Board
Erik Rowland Airport Advisory Board
Alan Robertson Airport Advisory Board for Nadim
AbuHaidar
Absent: Nadim AbuHaidar Airport Advisory Board
Jeff Mabbutt Airport Advisory Board


Public notice is hereby given that the July 10, 2013, Heber City Airport Advisory Board Meeting has been cancelled.
 
October 9, 2013 | 4:00 PM
Description/Agenda:
MEETING CANCELLED
Airport Advisory Board Meeting
6 Tuesday, October 15, 2013
7
8 4:00 p.m.
9 Regular Meeting
10
Members Present: Nadim AbuHaidar Airport Advisory Board
Dave Hansen Airport Advisory Board
Jeff Mabbutt Airport Advisory Board
Mel McQuarrie Airport Advisory Board
Tom Melville Airport Advisory Board
Erik Rowland Airport Advisory Board
Absent: Kari McFee Airport Advisory Board


All present









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