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March 4, 2008 Edition

 

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Airport Inc.

County tries new strategy for airport management by letting
Huntington Aviation LLC operate it as a private business

This is the first in a three-part series on the Huntington Airport and efforts past and present to keep aviation opportunities in northern Emery County.

James L. Davis

The Huntington Airport has for years sputtered along on little more than a wing and a prayer, kept operational only through the efforts of a select few who could see the value of maintaining an airport in northern Emery County.

Funded by the county itself, management of the airport has been awarded to a series of people who expressed an interest in running it. Offered a small monthly income from the county and the use of the home on the airport property, the pay was not enough to make a living for those contracted to run the airport, and it wasn’t intended to. County leadership offered the pay and the house to attract those who were in the aviation business to set up shop in Emery County. But the agreements seldom lasted long and management of the airport shifted from one person to another with the end result being that the airport continued to struggle.
Forever in the shadow of the larger Price Airport, the Huntington Airport has never been eligible for federal grants to make improvements because of its proximity to Price. The airport will never be eligible for such federal funds, but the county has had amazing success in acquiring state grants to improve the runway, tarmac and other areas over the years and the airport, for the most part, is in good condition.

While the infrastructure of the airport is in place and sound, Emery County has continued to struggle with keeping someone in place to run the airport. It is not a problem unique to Emery County, small airports dotted here and there throughout the state struggle to stay operational and many risk closure or already have closed due to the inability to keep someone there to run them. Having Huntington’s airport run as a private business is a new approach and organizers hope it might be the magic ingredient to success.

In the fall of last year, the county agreed to a proposal by Leon Defriez, owner of Genco Mine Service, to run the airport not as an individual under contract, but by establishing an airport business that would take over operation of the airport. Called Huntington Aviation Limited Liability Company, the LLC manages the operation of the airport with an eye toward attracting businesses to the facility.

Small airports must rely on either city or county funding to survive and under this new management arrangement, the $2,000 budget the county has for the airport now goes directly to the facility. There is no salary being paid for the operation of the airport and the insurance liabilities are now funded by the LLC, rather than the county.

“The county gives us the budget and we then take on all of the insurance liability and all other bills for the airport, including minor repairs. The LLC is a vehicle for us to run the airport more as a business,” Defriez said.

Since taking on the management of the airport, the LLC has already increased the funding for the airport by renting out the home on the airport property and with rental fees from three aircraft in the small hangars at the airport.

“The $2,000 a month the county gives we’ve increased by $600 a month in rental fees. The county puts money into the airport and I just told them let’s make sure that the money your spending is going into the airport,” Defriez said.

Over the years the airport has been able to stay open through the dedicated efforts of people like Bevan Wilson and a long line of county commissioners who saw the value of the airport and, according to Defriez, the current county commissioners are equally dedicated to its survival.

With the LLC running the airport, Defriez said what the county is striving to do is bring the airport up to a base line and then the future of the airport can be developed with private money as the LLC draws businesses in to use the airport.

As part of that base line they are working toward making the airport self service. The airport already has an operational Digiwix system, which can be activated by pilots in the air. The system will give the pilot all the information he needs on conditions at the airport to land, from wind, gusts, altimeter and humidity. In the next two weeks the county will finish installing an electronic fuel system that will allow pilots to refuel at the airport with their debit or credit cards and then fly on from there, all without having to have an airport attendant on duty.

But the airport hasn’t had fuel for more than a year and the problem of fuel is a continuing one because of the cost involved. The airport can only hold a maximum of 3,000 gallons of fuel, but aircraft fuel carriers must send an entire tanker of fuel out at a time because they aren’t allowed to carry any other types of fuel products when hauling aircraft fuel. A tanker load of fuel is in the neighborhood of 10,000 gallons and to service small airports such as Huntington, the airport is put on a waiting list and when enough small airports have requested fuel the carrier will send out a truck to service all of the small airports at once. Defriez said the value would be for several of the small airports to work together to purchase fuel because it gives them more buying power, an idea he discussed with Green River City, which is facing its own airport crisis as the manager of that airport has also moved on and the facility is likewise without fuel.

Despite the management challenges, the small airports can be a source of income for rural areas, Defriez believes, and that fact will only grow as the global market makes even larger inroads into small town America.
As businesses grow the need for air service in and out of the county will grow with it and businesses looking for a new home will consider relocating to places where an airport is available, even a small airport like Huntington.

“We’re trying to provide an opportunity for businesses to come here. The income you will see won’t be at the airport, you’ll see it in the community. The LLC is not intended to make a profit,” Defriez said.

As for future needs for the airport to create a base line that the LLC can use to grow from, the need for a new and larger hangar is evident. The county has already seen the need for a new hangar and is looking at avenues to secure funding. With a larger hangar, Defriez said they have already been approached by businesses that are interested in Emery County, including MJ Aero Service, a crop dusting business that serves the county already. Currently headquartered in the Uintah Basin, they have expressed interest in relocating the business here if a hangar was available.

Another step in the improvement process would be to provide a courtesy car for pilots flying into the airport. Pilots can access the terminal area through a combination lock and a courtesy car would be available that would allow them to drive into town and use while they are in the area. They would be required to fill the car up when they return it. Courtesy cars are common in small airports and Defriez said he has never heard of anyone having trouble with them.

“I’ve talked to people at airports that have been providing courtesy cars for years and years and they say they’ve never had to put any fuel in the car. The pilots appreciate the courtesy and they take care of the car,” he said.

Commissioner Gary Kofford is also working toward the development of an airport committee with representatives from economic development. “There are a lot of people who are willing to help. You would be surprised at how many old pilots there are around here,” Defriez said.

Defriez is himself a pilot and rents one of the hangars at the airport. Besides what he sees as a definite need for the airport’s success if the county is to grow economically, is a secondary desire borne from a love of flying.

“I want to retire here in a few years and I want to be an airport bum. My wife is very supportive because she knows it’s a place for me to go to get out of the house,” he said.

Task force nabs suspects

Josie Luke

The Emery County Drug Task Force has been unusually busy, executing four search warrants in less than a month. They were assisted by federal agencies in two of the instances; once by the United Stated Postal Service, and once by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The latest warrant was executed Feb. 28 at the Shady Acres Trailer Court in Huntington, where members of the Task Force were assisted by eight agents from the ATF in arresting Victor Gilmore, who was indicted for illegal possession of firearms by a restricted person. The officers allegedly retrieved several loaded firearms, a large amount of ammunition, and what was suspected to be marijuana. Gilmore was taken into federal custody and transported to Salt Lake County where he was brought before a federal magistrate and now awaits trial.

According to Detective John Barnett, the sheriff’s office began investigating Gilmore after concluding that his claim that his home was invaded on Feb. 9 was in fact a “farce.” While investigating the alleged break-in, officers noticed that there were several firearms in Gilmore’s home. After completing a criminal history check on Gilmore and finding that he was federally restricted from buying or possessing firearms because of a history of domestic violence charges and a protective order, a search warrant and arrest warrant were issued. Sergeant Tom Harrison reported that the arrest and search went “smoothly”.

The task force was assisted by the Postal Service on Feb. 19. The drug task force had been informed by an informant that an individual was possibly going to receive red phosphorus and iodine crystals, precursor chemicals used to make methamphetamine, through the mail. Detective Barnett contacted the postal inspectors, so that they could set up a controlled delivery in order to find out where the suspected chemicals would end up.

They set up surveillance twice on the Huntington City Post Office and waited for the subject to pick up the package. The second time they did so, the package was picked up and officers followed the subject to her residence where they served the search warrant. They found the suspected precursor chemicals, along with other drug paraphernalia. She was arrested and is now awaiting trial.

Another warrant was executed on Feb. 15, when the task force received information from a concerned citizen that a person who was staying at the Holiday Inn Express in Green River had a substantial amount of marijuana and was attempting to sell it. With this information a search warrant was acquired, and Harrison and Barnett approached the man, Travis Sweat, and informed him of their information. After a search, they located approximately a pound of what they suspected was marijuana, and a methamphetamine pipe. Sweat was then arrested and transported to the jail. He was charged with possession of marijuana with intent to distribute and possession on drug paraphernalia, and is now awaiting trial.

The first warrant was executed after officers responded to a call regarding a domestic dispute between Jody and Mike Ashby. Allegedly, during the argument, Mike had been stabbed. Both were arrested and while the two were being taken to the jail, they told officers about drug use that had occurred the previous night. The information was then passed Detective Barnett, who wrote the warrant and had it signed by a local judge. The warrant was then executed on Feb. 13 on their residence, where officers found what was suspected to be a small amount of methamphetamine, along with other drug paraphernalia. Charges were filed, and both are now awaiting trial.

Ferron City council votes to deny facility permit

James L. Davis

After months of back and forth banter over the issues of permitting the development of a residential treatment facility for troubled teenagers in Ferron, the Ferron City Council voted during its Feb. 28 meeting against amending its zoning ordinances to allow the facility to go forward.

Residents for and against the facility filed into the council chambers after the Ferron Planning and Zoning Committee returned the hot potato issue to the council with the recommendation that the council change its zoning ordinance to allow the facility to be established in South Ferron.

The residential treatment facility and discussions about it encompassed three separate items on the Ferron City Council agenda for the night, with proponents for the facility and critics of the facility both requesting their opportunity to address the council prior to its deliberating the issue.

Charlotte Williams, who has been working to establish the facility for girls ages 12 to 18, addressed the council first and read a letter from her attorneys at the office of Hughes and Morley. In the letter Attorney Jaymon J. Thomas presented his analysis of the issue which has been a topic of debate in Ferron and the surrounding community for months.

“The starting point of our analysis is the fact that the proposed use is for a residential facility for the disabled; in this case, disabled young women between the ages of 12-18. The young women who will be admitted to this residential program suffer from a variety of mental impairments, including emotional and behavioral disturbances, depression, communication disorders, and attention deficit and disruptive behaviors. These impairments substantially limit the major life activities of these young women,” Thomas said in his letter.

William’s attorneys argued that as a matter of state law residential facilities for the disabled are allowed in any zone where non-disabled individuals are allowed to reside. With that being the case, the attorneys presented to the council their belief that not only did the city not need to change its zoning to allow the facility, but it had no legal argument for denying the facility the right to open.

“On behalf of Ms. Williams we do request that you reconsider her request in light of the information presented herein, and grant her the permission she seeks. Alternatively, we suggest that you briefly postpone final determination of the matter until you and your legal representative can familiarize yourselves with the information we have presented, and advise you accordingly,” Thomas said in closing remarks in his letter.

After reading her attorneys’ letter Williams again expressed her desire to provide a service to young girls in need with a business that would be a benefit to the community of Ferron.

“I’m not here to be a burden to this city or this county,” she said.

After her remarks Phil Fauver of Orangeville, Sharon Bergeman of Ferron and Linda White of Ferron spoke in support of the facility.

“A facility of this sort is needed. It’s needed somewhere, not 50 miles from a town, not 100 miles from a town. It’s a good thing. It would be very good for the city,” said Bergeman.

After Williams and her supporters addressed the council, residents against the facility were given an opportunity to discuss their objections to the business.

Those speaking out against the facility were Rod Toomer, Rod Moore and Matt Meccariello.

“The issue in front of you is a legal matter. In my opinion we need to figure out if a business like this is allowed or not allowed and if you have to change the zone, then the legality of that,” Toomer said.

In addressing the council Moore said he knew the city had received a large number of letters for and against the facility and he argued that the Supreme Court’s definition of a disabled person was narrower than what had been presented by William’s attorneys.

Meccariello presented to the council and audience a three minute video tape at night he had recorded at his home near where the facility would be established off of State Street and a three minute video tape at night he had recorded outside the Emery County Care and Rehabilitation Center in Ferron. During the video presentation Meccariello showed that cars on State Street passed by an average of one every 15 seconds. Outside the rehabilitation center at night one car passed by in the three minute time span and it belonged to an employee of the center. Meccariello argued that State Street was too busy a road to have a facility such as the one proposed by Williams.

“So you’re saying that no one who has kids should live on State Street?” asked City Councilman Parke Killpack.

“Not children who want to run away,” Meccariello responded.

Before the council entertained a motion on the subject, Mayor Gil Conover asked the city attorney, Richard Chamerlain, who was present at the meeting, his view of the legal argument presented by Williams’ attorneys.
Chamberlain told the city in January that he believed that since there was no zone in Ferron that specifically permits a facility such as Williams’, it would be appropriate to deny it. He said after analyzing the argument of her attorneys his opinion had not changed. In his analysis Chamberlain said he believed there was a difference between a residential facility and a residential treatment facility, namely that treatment could include residents of a facility that were there against their will.

“It’s still my opinion that you would have to amend your ordinance to allow the facility,” Chamberlain said.
Williams’ attorneys had urged the city council to obtain a legal opinion on the issue from attorney David Church, who provides legal advice and interpretations for the Utah League of Cities and Towns. Chamberlain said he understood if the city wanted a second opinion on the subject and Mayor Conover indicated he had talked with Church and the attorney had recommended the city follow the legal advice of Chamberlain.

After Chamberlain had given his legal opinion on the matter Mayor Conover asked for a motion on the matter and Councilman Trent Jackson moved that the city not amend its zoning ordinances to allow the facility. He said he made such a motion partly because he felt it was the best thing for the city and partly because a change went against the city’s master plan. His motion was seconded by Councilmember Ronny Bloomer.

In a vote on the motion JoAnn Behling, Jackson, Bloomer and Joe Trenery voted in favor of Jackson’s motion, with Killpack being the only member of the council voting against the motion.

With the decision made to not consider changing the zoning ordinances to allow the facility, Mayor Conover told Williams that the city was denying her request to open the residential treatment facility.

The debate over the proposed residential treatment facility has been ongoing for several months and has polarized opinions within the city and elsewhere. When the issue first came before the planning and zoning committee in December of last year there was not a quorum present to vote on the zoning request and when the issue went before city council that same night the city approved a business license to Williams for her facility, pending clearance by planning and zoning. With what she felt was conditional approval to open her business, Williams invested on renovations to the building she had leased to prepare it for operation.

In the interim residents living close to where the facility would be established began to voice their concerns about troubled youth being housed in a treatment facility they did not want to be in and argued that a treatment facility is far different than a foster home. During the Jan. 10 meetings of the planning and zoning and the city council meeting the issue dominated both meetings with the end result being that planning and zoning recommended that the city council rescind their earlier decision to give a business license to Williams. Dennis Worwood, committee chairman, asked for public input on the matter. During the city council meeting the council took the committee’s recommendation and rescinded the license and the issue went back to planning and zoning for further discussion and research. Planning and zoning returned the issue to city council on Feb. 19 with a recommendation to change the zoning ordinances. With the final decision made by city council Williams’ only recourse to pursue the development of the facility would be to make a legal challenge of the city council’s decision. Williams made no comment on whether she would pursue a legal challenge or not on the city council decision.

DWR receives grant for habitat restoration

Josie Luke

The Division of Wildlife Resources has received a grant of nearly $465, 000 this year to restore the San Rafael ecosystem to a more natural state. The first phase of the project will involve removing tamarisk trees and replacing them with natural vegetation in 300 acres of the Hatt Ranch property near Green River.

The grant was given to the DWR by the Natural Resources Conservation Service. The idea began as a way to help native fish species in the area, and after further development blossomed into a plan to improve the entire ecosystem. The DWR hopes to start this project in September and then to receive continued yearly grants to complete projects all along the San Rafael River.

Paul Birdsey, the Southeast Region Aquatics manager, explained that this will be a huge benefit to the local ecosystem because each tamarisk uses up to 300 gallons of water a day. The DWR also plans to restore the banks of the river. This, along with the increased flow of water in the river will be a benefit to native fish and grazing animals, as well as for recreation.

The area also serves as grazing land for cattle, so they will work with the department of agriculture to improve the habitat for agricultural use. He explained that cattle contribute to the breakdown of river bank, “but that is not to say that cattle are 100 percent bad, we hope that the project helps allow them better access into the river.”

Birdsey is excited about the effects the project will have. “We see this as a win-win for everyone. It should benefit both terrestrial and aquatic wildlife,” he said. He also revealed that the project has received support from the water conservation districts, and other organizations from all over the county. “Everybody we talk to understands that this is really a good project for everybody,” he explained.

Emery County Commissioner Drew Sitterud agreed, saying “I think it’s an excellent project.”

Birdsey also believes that there should not be any negative impact to anyone in the near future, but cautioned that it may take some time for the larger benefits to be apparent. “In 10 years or so when this is done, I think people will be pleased with it,” he expressed.

He also wanted people to understand the plans for the project, and invites anyone who is interested to contact him. “If people are interested, we’d be happy to come out and do a public meeting or talk to a group,” he said. Those interested can contact him at (435) 613-3706.