Urgent meeting

[Johan]

Re:  Airport fees for all homes that have airport access.  You may have airport access without realizing it.

Hello Members,

The HOA board only heard about this special meeting 3 days ago.  Attached you will find the "Presentation" that is on the agenda for the Town of Erie meeting that is being held tomorrow Tuesday, February 17th at 6:00 p.m., at the Town Hall, 645 Holbrook St, Erie, CO 80516.  The subject of the presentation is for new fees, for all residents that have "access" to the airport, whether or not you have a hangar.  Having an aircraft carries an additional proposed fee.

I am urging all residents to attend.  If you are unable to attend this meeting, there is an option to attend the meeting via this link.       https://www.erieco.gov/1145/Watch-Meetings      Click on the multi-colored circle on the right side of the page to attend the meeting online.

It is important that membership is well represented at this meeting so that we are fully informed.  Please share this with your neighbors because the HOA does not have all members' email addresses.

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Johan Morris

720-436-8356 

[Gerald Gienger]

If the Town is looking into this revenue stream, does it mean that they are finally agreeing to abide by the 1987 Easement Agreement, which contained this fee structure, but also required them to open and maintain the crosswind runway, if my memory is correct??

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[Tim Drnec]

This newly proposed Fee structure seems to be an updating of the Town of Eries ‘Ordinance No 505’ passed by the Board of Trustees in March of 1996. The actual question seems to be if the original 1987 easement agreement was somehow superseded by this 1996 ordinance or if the Town simply disregarded the original and illegally attempted to substitute their own. The study I’ve seen seems to indicate that there is no legal standing to invalidate the 1987 agreement and that it would still be in force.

Tim Drnec 

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[Johan Morris]

Hi Jerry - I’m on the road; just got to Tucson this evening & just now saw your email. 

It’s complicated but I’d say no. The ‘87 easement agreement as I understand it had a strict definition of through the fence to mean access. If you didn’t go through the fence, then you wouldn’t be charged this use fee. 

As I read this you will be charged $800/year according to this fee structure. Plane or not. 

However, what the town is being presented I think, breaks all prior rules and understandings. It mandates that anyone with or without an aircraft must pay the “fee” if they have access as defined by the HOA neighborhood map; anyone with a grey access path to their property. 

To me this is simply taxation. It’s like charging a homeowner next to a golf course an annual membership fee even if they don’t golf. 

I also see a very inequitable situation between homeowners and the commercial side on the airport.

 I don’t see anything that addresses the East West runway. It will not open. However, the homeowners on the east west runway still have access.

Johan