FW: Record request for Teresa White, Kalispell City Clerk
Hello Theresa 02-01-2010
In addition to my other questions, could you please forward these
questions to the City Manager and City Attorney and the City Airport
Manager as to why some of these lessees sold there property/land to the
City, to then turned around and sign contracts to lease them back? Why
was that? What was the reasoning? And for what propose? What was the
objective? How did that play into the F.A.A. expansion idea? Am I to
assume it was because of the 39 assurance of the F.A.A., that when the
funding came through and the expansion was completed the F.A.A rules
state that there will be no through the fence operations on F.A.A.
funded airport properties? That to me sounds like someone gave some
inside information, and also took advantage of taxpayers funds and made
some purchases of property to secure a business opportunity. So therfore
the property purchased was not to gain property for the expansion of the
runnway. Please explain this in great detail.
Thank you
Scott Davis 752-1523
Hi Theresa, 01-29-2010
Thank you so much for sending me all ( 16 ) lease agreements on the
city airport property. ( that's a lot of square footage) Some are not
signed and some are not notarized, and some are not dated, and a lot of
them the notarization is on a separate paper? Sure would like answers to
that also.
Question? Are there other lease agreements out there that the City
Council Members were not informed of and was not vote on, according to
M.C.A. 7-8-4201? Like on other properties owned by the City?
And would you please let the City Attorney and the City Airport manager
know that I'm still waiting for the information that I requested from
them. They need to be transparent and show accountability in all
matters. If they forgot, please show them this request and the last
three requests below. I'm on pins and needles waiting for there answers.
Also I would like PDF's of ALL (past and present) these other lease
agreements insurance and accounting payment records required by there
lease agreements that you sent me.
And that one guy at the scoping meeting requested the last 10 years of
the airport accounting books, I would like a copy of them also in PDF.
I was so very shocked to see that our New City Manager even signed one
of them leases. I'm sure her explanation will be that she was not told
of Montana Law. But I would like to know, at the last place she was
working , did the City Council have to vote on City property lease
agreements? And I'm still waiting for the MDT, economic impact study of
the airport to be taken off the City hot topic web site, and if not, I
would like a reason why the city feels it's factual and should remain?
Thanks again Theresa your a trooper,
Scott Davis 752-1523
Good morning Theresa,
How are my requests (below) of Red Eagles lease agreement
information coming along? Sure looking forward to receiving them all.
It's very important that I have all the correct information for my
report. I also would like you to send me in PDF, all lease agreements
that the city attorney wrote up out at the City property at the airport
location, including the one with the Hilton. And please include any and
all insurance and accounting documents of each lease agreement. And any
and all information ( hand written changes to such leases etc.) the City
Airport manager has regarding these requested documents. Thank you so
much for be so cooperative in these matters. I sure like the new motto,
Transparency, Accountability, and Honesty.
Scott Davis 752-1523
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
________________________________
From: maxwellsnortsnort@hotmail.com
To: twhite@kalispell.com; maxwellsnortsnort@hotmail.com
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Date: Sat, 23 Jan 2010 20:21:32 -0700
Again thank you Theresa,
But The City Attorneys answer didn't tell me why any such lease
agreements are not cleared through the City Counsel or the Mayor for
inspection. We are talking a 20 year monetary agreement that effects
every resident in this city and the city Government on a very large
piece of city property. I would like the answer to this. The city
attorney needs to explain why MCA 7-8-4201 was not followed and WHY?
Also, I only see that Red Eagle has only purchased one of the (5)
five Insurance in Article VII. The PDF you sent only shows Passenger
Liability Insurance, and I didn't see the Lessor as an additional
insured. Are there more coming? And it didn't fully answer question #5 (
where's the payment records of Article V 1., 2, and B. 1. or question
#6 ( where are the Condition Use Permits and the whole list of
construction projects, alterations, and additions by both parties) ?.
Please tell them to be forthcoming with all the requested information.
We need to have full transparency, unless someone is trying to hide
something.
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
________________________________
From: twhite@kalispell.com
To: maxwellsnortsnort@hotmail.com
Date: Fri, 22 Jan 2010 13:57:38 -0800
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Attached is the information you requested on questions 4-6. Below is the
city attorney’s answer to question 2.
2. Generally the laws that apply to municipal leases are the same as
apply to private real estate leases. Municipalities do have some
specific requirements regarding property acquired through trust
agreements. Municipalities may take and give assignment of leases. The
process for this is generally the same as it is between private parties.
________________________________
From: Scott Scott [mailto:maxwellsnortsnort@hotmail.com]
Sent: Thursday, January 21, 2010 4:33 PM
To: Theresa White
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Theresa,
Forget the request for viewing any other leases. I would like to
request the minutes of the city counsel meeting to adopt the lease
agreement of Red Eagle and who was in attendance. Who wrote up that
agreement?
Concerning question and answer of #3 Mr. Hoerner is no longer the owner
of Red Eagle, so is the city saying Mr. Peirce assumed the lease with
the city with out acknowledgement or agreement to the terms? Or as with
normal leases, Mr. Peirce is now on a month to month lease agreement
because he is the new tenet and not the original tenet, until he signs a
agreement that's ok with the Counsel?
What's protecting the city of kalispell of someone buying a business on
city leased property and not getting the approval of the council? Let me
know when the other information is available. Thanks again Theresa.
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
________________________________
From: twhite@kalispell.com
To: maxwellsnortsnort@hotmail.com
Date: Thu, 21 Jan 2010 13:23:50 -0800
Subject: RE: Record request for Teresa White, Kalispell City Clerk
Scott:
I have some questions about your request:
#1: There are quite a few leases. Can you be more specific of which
leases you are looking for? (Golf, Conrad, Hockaday, Chamber, etc)
#2: This question has been forwarded to the city attorney.
#3: Lease agreements are not amended, they expire and then a new one is
signed.
#4 - #6: These requests have been forwarded to the airport manager.
Theresa White
City Clerk
201 First Avenue East
P.O. Box 1997
Kalispell, MT 59901
phone: (406) 758-7756
fax: (406) 758-7754
www.kalispell.com <http://www.kalispell.com/>
________________________________
From: Scott Scott [mailto:maxwellsnortsnort@hotmail.com]
Sent: Thursday, January 21, 2010 12:04 AM
To: Theresa White
Subject: Record request for Teresa White, Kalispell City Clerk
Hi Teresa'
I've been elected to request some documentation and public
information for examination from the City. I'll be at your convenience
this Friday 01-22-10 or Monday 01-25-10 just call 406-212-8439, Scott
Davis.
1. I would like to see the lease agreement of Buffalo Hills Golf course,
and any others in the City of Kalispell, this is just in house
inspection no copies requested at this time.
2. And is there a City/State law, rule and regulation on adopting or
assuming a lease agreement of city property and what procedures are
there to obtain one.
3. And are there any amended lease agreements with any lessee of any
city property.
4. And I would like to see if the lessee of Red Eagle Aviation has the
five required insurance policies per lease agreement and if they are up
to date.
5. And inspection of ARTICLE V, of the Red Eagle lease agreement of the
past three year Payment record of A. Rent and Fees 1.2.3.4.. and B.
Payments 1. 2. and sec. D. Parking Fees in the Fixed Based operator's
lease agreement.
6. And would like a list of all construction projects, alterations,
additions to structures or building on the whole Kalispell City Airport
property done by lessee since 25th. of August, 2005 and the same
information from the lessor since 1993. And both parties Conditional Use
Permits and any Guidelines set by the City Council on each.
This request is just for in house inspection, possible copies of some
will be requested at the time of visual inspection.
Thank you so much,
Scott Davis
448 5th. Avenue West
Kalispell, Montana 59901
406-752-1523
406-212-8439
<http://gfx2.hotmail.com/mail/w2/pr02/emoticons/smile_wink.gif> SCOTT
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n
2) Get the paperwork on Stokes liquidation
3) Having #2, the FAA would approve you moving into an Environmental
Update. However with the public climate there, the FAA will want to see
some public involvement / hearing in addition to the usual update
activities. We would check to see if there are any changes in
environmental conditions in each category, check for law changes, and
contacting agencies on any changed conditions for the preferred option
only. The EA update will be required before the FAA will reimburse for
land. But they don't really want to give the go-ahead on an EA update
until the tower removal is a sure thing. I have talked with Dan our
environmental specialist. A ballpark estimate on time required would be 3
- 4 months depending on what all the FAA wants to see for sure. So we
could get the EA update completed before spring when the money is available
anyway.
4) Complete FAA Preapplication.
5) Complete MT Aeronautics Grant / Loan Application
6) There are two ways to grant the EA update. It could be done as a stand
alone "planning" grant. Planning grant costs are fixed on cost, not
amendable, and cannot be done ahead of the grant and reimbursed. So I
would not recommend that since time is of the essence. Instead, we can tag
the EA Update onto the first phase of land acquisition. This would provide
more flexibility in schedule and grant amendment capability. The downside
is that the EA Update costs would not be participated in by the FAA until
the Grant is issued next year. If RPA is re-selected, I would propose that
we could help carry most of the EA Update cost if necessary until you
receive the grant if the City is still having a hard time with cash flow.
7) Complete FAA Grant Application.
8) When the FAA receives permission to issue funds for grants next year
(usually spring sometime) you will have access to all your Non-Primary
entitlement funds. There may be some opportunity for State Apportionment
(SA) funds, but don't count on it, as they have already planned much of
next year. 2011 may be more likely for State Apportionment funds.
9) To get the grant funds, a Final Land Report will need to be completed,
which we could do as the EA Update is underway.
Please move forward on the advertisement for engineering services. We will
start to plan on the Environmental Update sequence of events and present it
to the FAA for concurrence. Keep us informed on the Stokes' status and get
copies of any paperwork documenting his demise. We will also prepare a
draft of a FAA Preapplication and complete the refresh on the CIP for your
review.
I am copying Gary in case he has any comment of correction to the above.
Rick Donaldson, P.E. | Vice President
Robert Peccia & Associates Inc. | PO Box 5653 | Helena, MT 59604
406.447.5000 | 406.447.5036 (fax) | 406.439.4905 (cell) | rick@rpa-hln.com
http://www.rpa-hln.com
Rich:
We need to get together on the CIP so we don’t miss that
deadline which is September 11th, I believe. What do you need from me to
fill in the forms provided from the ADO?
Thanks,
Fred A. Leistiko
Airport Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
406-250-3065
eter@centurytel.net>, <kyv59903@centurytel.net>,
<wisebunch@bresnan.net>, <peggylee@marketyourart.com>,
<mjdardis@yahoo.com>, crystal lynn seiler <crystal@s-scampers.com>,
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<jpress@centurytel.net>, <douise@gmail.com>,
<susanneoconnor@centurytel.net>, <roxiebrothers@centurytel.net>, Scott
Davis <maxwellsnortsnort@hotmail.com>, <phil.cjpllc@yahoo.com>,
<jo-blake@bresnan.net>, <tom_smithlin@hotmail.com>,
<linda397@centurytel.net>, Marye Flowers <mayre@flatheadcitizens.org>,
<joblake@bresnan.net>, <eckels@guitarmusicman.com>,
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<nkimball@dailyinterlake.com>, <kuhlpan@cyberport.net>,
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<kenyon@cyberport.net>, <tammi@fisherlaw.org>
cc
Subject
QUESTIONS
Hi Teresa, 04-21-2010
Couple questions. I turned in a number of questions concerning the
city airport in the last six months, also four months ago , and three
months, and just recently a couple weeks ago. Some I have turned into
you and some I have handed to you and/or Mr. Harball at council
meetings. I have not as yet received answers to these question. These
are just not my questions, these are also questions that other residents
of Kalispell gave me to turn in. I think we have been very patience, but
this is taking way to long for a reply. Do I need to have a council
member ask all the question to the city management at a meeting?
And also the city manager needs to know that her city airport
manager is telling people that the city is buying 72 acres of Wise
property and realign the runway, and getting 14 million from F.A.A. to
do the expansion projected at the city airport. He just told that TO A
BUSINESS MAN HERE IN KALISPELL TODAY! (04-21-2010) I conferred with
F.A.A. and a council member to the validity of the City airport Managers
claims. To my relief, they are faults. I'm deeply concerned about the
mental health of the city airport manager, he was at the meeting with
Mr. Gary Gates. The city airport manager is still telling people that
this is happening, when he him self knows this is not true.
Please give this letter to our City Manager and I respectful
request answers and documents to all the question I have turned in, in
behalf of others and myself and also an explanation to the city airport
managers behavior and what has been done or going to be done with him.
If he denies such claim, let me know. To protect the privacy of this
business man, there will have to be some arrangement to get his
testimony.
Scott Davis 752-1523
SCOTT
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ncerned about the
mental health of the city airport manager, he was at the meeting with
Mr. Gary Gates. The city airport manager is still telling people that
this is happening, when he him self knows this is not true.
Please give this letter to our City Manager and I respectful
request answers and documents to all the question I have turned in, in
behalf of otૄ츀䭒Ï㝘⾘㸠⾒ myself and also an explanation to the city airport
managers behavior and what has been done or going to be done with him.
If he denies such claim, let me know. To protect the privacy of this
business man, there will have to be some arrangement to get his
testimony.
Scott Davis 752-1523
SCOTT
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0/5325-4B.
Section 1.12, review of aeronautical alternatives, should include review of the prior 1999 airport master plan and 2002 site selection study. The alternative analysis is a key component
of the EA process as described in order 5050.4. All reasonable alternatives need to be discussed in the EA, similar to those described in the 2002 EA. If there are alternatives that
were eliminated such as new airport sites, then the EA needs to address why they were eliminated.
Section 1.17, references informational meetings and a public hearing. The work effort should also include consideration of the information and questions gathered during the City's workshop
meetings held 11/30/09 etc.
The prior EA should be reviewed to determine whether additional site surveys will be required such as cultural resource, wetlands etc.
Any changes or amendments to the work scope must be approved in advance by FAA.
Please advise when the scoping meeting will be held and let me know if we need to discuss in the meantime.
Thanks,
Gary M. Gates, P.E.
Airport Engineer and Planner
FAA, Helena Airports District Office
2725 Skyway Drive, Suite 2
Helena, MT 59602
(See attached file: noise_map_cklist_parti.pdf)
Jeff Walla
<Jwalla@stelling
inc.com> ࢹ넀䭒Ï㝘⾘㸠⾒ To
Gary Gates/ANM/FAA@FAA
11/12/2009 08:24 cc
AM Mitch Stelling
<MitchStelling@stellinginc.com>,
"Fred Leistiko
(airport@kalispell.com)"
<airport@kalispell.com>
ࠜ᐀䭒Ï㝘⾘㸠⾒ubject
Kalispell City Airport Agreement
Gary,
Attached is the final Agreement(s) for the Kalispell City Airport EA Update project that will be scheduled for approval by the City Council on Monday, 11/15/09. The City has indicated
that Monday's Council meeting will be the last opportunity this year to get our Contract in front of the City Council for approval. We are hoping that you will have an opportunity
to review the scope of work prior to Monday nights meeting so we can address any changes if necessary. I have included language in the Amendment and cover letter that establish the
need to amend the scope of work and/or fees follo렔톅�餱왨䝴م슊↹㧌ဆᜁ䭒ාÀĥ좨ⓐ䞞ᅆ䟴ꋏ值ᴑ̟밼䑇⾒Charlie:
After the review by Gary Gates on the proposed EA update, Jeff