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03/06/1996 AIRPORT AUTHORITY CITY OF CLEARWATER March 6, 1996 Present: Harry Silcox, Jr. Chair Stephen Bils Vice Chair J. Marvin Guthrie Board Member (arrived 3:35 p.m.) Gary Benjamin Board Member John Carassas Assistant City Attorney Richard Baier Engineering Director Glen Bahnick Civil Engineer II, Staff Liaison Gwen Legters Board Reporter Absent: Dr. Theresa Goss Board Member The Chair called the meeting to order at 3:05 p.m. in City Hall. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Minutes Approval moved to approve Member Bils the minutes as submitted in writing to each member by motioncarried the Board Reporter. The was duly seconded and unanimously 3. Tenant Report -- FBO The Chair received the report and read it into the record. It was indicated 40 shade hangars, 10 enclosed hangars, 23 hard stands and 19 sod tiedowns are occupied. 4. CAP Land Request Mr. Baier reported the City Commission pulled this item to coordinate a Request For Proposal (RFP) simultaneously with the FBO lease agreement. He said Commissioner Thomas questioned the profitability of an airpark and expressed concern with leases on the two parcels coming due at different times. The Commission wished to consider the highest and best use of the entire tract and agreed to wait until the new Commission is seated. Mr. Baier said consensus had been to bring this issue back in June. It was not known whether the Commission will approve a study on the highest and best use at that time. Strong concerns were expressed by Mr. Atanasio and the Airport Authority regarding the delay. While they did not agree with the Commission’s rationale, they felt they had accomplished their charge of making recommendations to the Commission. 5. FBO Lease Agreement Strong concern was expressed with staff’s report at the last meeting that an agreement had been reached with Mr. Emshoff pending an opinion from the Legal Department. Mr. Baier clarified the City wishes to enter into an agreement with Mr. Emshoff and the terms were agreed upon, if Mr. Emshoff was able to exercise his renewal option. It was indicated this was maa03.96 03/06/96 1 not possible because Suncoast Aviation, Inc. was in default under the terms and conditions of the lease due to filing a voluntary bankruptcy petition. He referred to a February 20 letter to Mr. Emshoff’s attorney explaining this fact and indicating the City wished to make arrangements for a month-to-month lease with Mr. Emshoff after March 31, 1996. The letter encouraged Mr. Emshoff to respond to the City’s RFP for a new fixed base operator pending satisfaction of the legal requirements. Rick Emshoff explained why he felt Suncoast Aviation’s Chapter 7 liquidation three years ago does not relate to his lease agreement with the City. He indicated he paid all arrears and reactivated Suncoast Aviation two years ago as a valid business. He stated he has discussed with his counsel the matter of suing the City for damages and to be able to exercise his option. Discussion ensued regarding bankruptcy as a defaulting issue under the terms of the lease. Assistant City Attorney John Carassas arrived at 3:47 p.m. to render a legal interpretation. He said he researched this matter at length with several attorneys, including the FBO’s counsel. It was determined the FBO cannot exercise his option due to an ongoing default. Mr. Carassas said Suncoast Aviation, Inc. is liquidated, the lease with the City is canceled, and the City will open the bid process. He advised the Airport Authority to respect his opinion in this matter. In response to questions, Mr. Carassas said the City chose not to cancel the previous lease at the time of the bankruptcy. He said Mr. Emshoff has been operating on a month-to- month basis and can come in as a new bidder. He stated it is appropriate to bring this matter up for discussion at this time. Mr. Baier responded to questions regarding the FRP process, FBO qualifications, and criteria the City will consider when reviewing bids. Mr. Emshoff explained how he has been operating his business. Mr. Baier stated experience at an airpark will be an important selecting factor. In response to a question, Mr. Baier stressed the Airport Authority, in their advisory capacity, will have a say during the selection process. Four letters were submitted by Clearwater Airpark customers in support of retaining Mr. Emshoff as FBO. Copies of these letters were distributed to the members. 6. Annual Report to the City Commission Mr. Bahnick will meet with Member Silcox to prepare this year’s presentation. Mr. Bahnick said he will provide a copy of last year’s report and any information, slides, or materials wanted for the presentation. 7. Business Plan Mr. Bahnick distributed copies of a cash flow statement and a list of potential Penny for Pinellas projects. He gave an overview of what is projected for the airpark over the next five years, stating $2 million in Penny for Pinellas funds was requested for airpark projects. Discussion ensued regarding construction improvements to raise levels of service. Questions were raised with regard to leasing commercial space at the airpark for a restaurant or other airpark related business. Mr. Bahnick indicated the City did not want to maa03.96 03/06/96 2 commit that space until it is known how the Florida Department of Environment Protection deals with the landfill area. Mr. Baier stated a Request For Quotation (RFQ) would have be done through City Engineering to establish a commercial enterprise at the airpark. Mr. Carassas left the meeting at 4:28 p.m. Mr. Bahnick gave a slide presentation of conditions and activity at the airpark. He noted business is good, as evidenced by the consistently full parking lot. He compared before and after photographs of maintenance hangars and fuel farm, and security fencing refurbishment. He highlighted the different types of hangars and aircraft, and pointed out where taxiways, hangars and runway pavement markings need improvement. One member mentioned aerial photographs of the airpark might be an effective addition to the presentation. The Engineering Department was commended for the way they are running the airpark. 8. Tie Down / Hangar Lease Form Mr. Bahnick said this item was brought back because the FBO lease was not being rolled over. It was indicated the Airport Authority does not support adopting a lease format containing detailed rules and regulations. It was indicated a committee met in several sessions to draft the new lease format and felt the new lease should be generic in nature, referring operating details to the rules and regulations as approved by the City Manager. Mr. Bahnick distributed copies of a memo from Fire Inspector Jeff Daniels listing violations at the airpark on December 19, 1995. It was indicated the lease committee would be happy to work out details with the Fire Marshal. 9. New Hangar Construction Mr. Bahnick reported the construction plans are ready and he will meet with SWFWMD next week to present the City’s stormwater concept for the project. Once approved, it will go for FDOT approval. Mr. Bahnick was requested to display the site plan at the airpark when it is ready. Discussion ensued regarding the timing for the various approvals and estimates for the number of new hangars planned for the next five years. 10. Other Business In response to questions, Mr. Bahnick said the flagpole from the utilities building had been appropriated by the demolition contractors, but two lengths of 2” pipe had been delivered to the airpark for use with the wind sock. He reported City Hall does not issue parking passes for advisory meetings except to the members on the day and time of the meeting. Mr. Bahnick reminded the members of the City Manager’s Advisory Board Appreciation Day dinner on April 2, 1996 at the Harborview Center. Members were encouraged to respond to the City Manager’s office soon. Member Silcox was happy to see more people in the audience today. 11. Call of the next Meeting maa03.96 03/06/96 3 The next regular meeting of the Airport Authority was called for April 3, 1996, at 3:00 p.m., in City Commission Chambers. 12. Adjournment The meeting adjourned at 4:44 p.m. maa03.96 03/06/96 4 ~ , , , " j' . " ',' ".f C I ~: ' :/,,', ;, I. , '} J P' ,'1 ",' If , I' ~ '. , ". ' ' , .:' " , '":i~ ~' ~: L '. C'," ":'c-!' ,,~'" , '" ~ ."-:: ,\ ,'i!.{.~:~ ,:p,r r~~. ;:''r~'':I'''',.W:......_ ~.' '> I ,I~:.. .~~: ...._~~II>~.~~ \o',:!,rh.. '~~"~'."'L..~'" 011 ,"'I ~~,Y'~?/!:':l~:,:"<'~ t,',. '::,I.!~~ ;.. .,' ~ ~ ~ I, " " : ~~, ,<>: ~' ~;;' , , " I, . , AA Airport AuthoritY Minutes' 1 ~ " ,t ,; 'Date f'0curc ~ ~J lqq~ , , jo L( ,\ ,i , " , ' l ""< . '"t.;:r'~l JJ '~'~l('/tj:W;"''i~~''':)~'' ,,,.hl', f I ";/"'/, 'f ", ',.,',' ':1\"') ~'(.'" ...." ,;';.'>l J, :'IJ';':'r}:'.'. ,.', ".1.' \r...,.......'t ~,,\ ~..., !3'-j, ~ : ~'d,,1,' .' ~,l\\~',~~:>~'~~,,:.,i~t>\(i\J~~,~k ;~~, c, ~~.',~.J ,'~ ,.,,' ",.: '. . . ',:1"": ',.'..,:.::....'_~_..:....,,: .":":.. ,,:.1, ""1, "I. '. '" " ", ';", . . ,', '. ," . ,', <,,'+' l" ~, :,.;;', ~ ~ !} AIRPORT AUTHORITY CITY OF CLEARWATER March 6, 1996 Present: Harry Silcox, Jr. Stephen Bils J. Marvin Guthrie (arrived 3:35 p.m.) Gary Benjamin John Carassas Richard Baier Glen Bahnick Gwen Legters Chair Vice Chair Board Member Board Member Assistant City Attorney Engineering Director Civil Engineer II, Staff Liaison Board Reporter Absent: Dr. Theresa Goss Board Member The Chair called the meeting to order at 3:05 p.m. in City Hall. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Minutes Approval ~~ Member Bils moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously 3. Tenant Report -- FBO The Chair received the report and read it into the record. It was indicated 40 shade hangars, 10 enclosed hangars, 23 hard stands and 19 sod tiedowns are occupied. 4. CAP Land Request Mr. Baier reported the City Commission pUlled this item to coordinate a Request For Proposal (RFPJ simultaneously with the FBD lease agreement. He said Commissioner Thomas questioned the profitability of an airpark and expressed concern with leases on the two parcels coming due at different times. The Commission wished to consider the highest and best use of the entire tract and agreed to wait until the new Commission is seated. Mr. Baier said consensus had been to bring this issue back in June. It was not known whether the Commission will approve a study on the highest and best use at that time. Strong concerns were expressed by Mr. Atanasio and the Airport Authoritv regarding the delay. While they did not agree with the Commission's rationale, they felt they had accomplished their charge of making recommendations to the Commission. 5. FBO Lease Agreement o Strong concern was expressed with staff's report at the last meeting that an agreement had been reached with Mr. Emshoff pending an opinion from the Legal Department. Mr. Baier clarified the City wishes to enter into an agreement with Mr. maa03.96 1 03/06/96 " ::'IIIlIIIIIIIiIII' ..... > :!. ....:'.. . ". . · .'. \ ..' ;.'. ..' ....1.:.'. ;'\7-. . '.. .'r:~'".j.'ti',;'\;'/'q; ::/';',."': ..,.t......f....' o ,,';'.>, ,.,',.". " ._ 01, .' L " : ._"" ...;..,..... '~,..~I',,:"l~.....,,~'. ., ...."" ' It: " ,",' ': :':",,1. ' 'I , ' ~.".' "':~: ',',.. " '. 1'\" : " " ,~ Emshoff and the terms were agreed upon. if Mr. Emshoff was able to exercise his renewal option. It was indicated this was not possible because Suncoast Aviation, Inc. was in default under the terms and conditions of the lease due to filing a voluntary bankruptcy petition. He referred to a February 20 letter to Mr. Emshoff's attorney explaining this fact and indicating the City wished to make arrangements for a month~to-month lease with Mr. Emshoff after March 31. 1996. The letter encouraged Mr. Emshoff to respond to the City's RFP for a new fixed base operator pending satisfaction of the Jegal requirements. Rick Emshoff explained why he felt Suncoast Aviation's Chapter 7 liquidation three years ago does not relate to his lease agreement with the City. He indicated he paid all arrears and reactivated Suncoast Aviation two years ago as a valid business. He stated he has discussed with his counsel the matter of suing the City for damages and to be able to exercise his option. Discussion ensued regarding bankruptcy as a defaulting issue under the terms of the lease. Assistant City Attorney John Carassas arrived at 3:47 p.m. to render a legal interpretation. He said he researched this matter at length with several attorneys, including the FBC's counsel. It was determined the FBD cannot exercise his option due to an ongoing default. Mr. Carassas said Suncoast Aviation, Inc. is liquidated, the lease with the City is canceled, and the City will open the bid process. He advised the Airport Authority to respect his opinion in this matter. ....~ .~,) In response to questions, Mr. Carsssss said the City chose not to cancel the previous lease at the time ot the bankruptcy. He said Mr. Emshoff has been operating on a month- towmonth basis and can come in as a new bidder. He stated it is appropriate to bring this matter up for discussion at this time. Mr. Baier responded to questions regarding the FRP process, FBD qualifications. and criteria the City will consider when reviewing bids. Mr. Emshoff explained how he has been operating his business. Mr. Baier stated experience at an airpark will be an important selecting factor. In response to a question, Mr. Baier stressed the Airport Authority, in their advisory capacity, will have a say during the selection process. Four letters were submitted by Clearwater Airpark customers in support of retaining Mr. Emshoff as FBO. Copies of these letters were distributed to the members. 6. Annual Report to the City Commission Mr. Bahnick will meet with Member Silcox to prepare this year's presentation. Mr. Bahnick said he will provide a copy of last year's report and any information, slides, or materials wanted for the presentation. 7. Business Plan Mr. Bahnick distributed copies of a cash flow statement and a list of potential Penny for Pinellas projects. He gave an overview of what is projected for the airpark over the next five years, stating $2 million in Penny for Pine lias funds was requested for airpark 10 projects. Discussion ensued regarding construction improvements to raise levels of service. maa03.96 2 03/06/96 .. , . ~ c '.'" . .". '. "'. ',' "'." .,1,': ,~,:,\'''. '",:~_:i.~_~",.I~"~'\}ll l'-'-"\."."~:'':'''' ,......, ';~',.,' I. " . ", ,., ': ,.' "..,'. . .'.' ',; ,"') ,~) o " " ' Questions were raised with regard to leasing commercial space at the airpark for a restaurant or other airpark related business. Mr. Bahnick indicated the City did not want to commit that space until it is known how the Florida Department of Environment Protection deals with the landfill area. Mr. Baier stated a Request For Quotation (RFQ) would have be done through City Engineering to establish a commercial enterprise at the airpark. Mr. Carassas left the meeting at 4:28 p.m. Mr. Bahnick gave a slide presentation of conditions and activity at the airpark. He noted business is good, as evidenced by the consistently full parking lot. He compared before and after photographs of maintenance hangars and fuel farm, and security fencing refurbishment. He highlighted the different types of hangars and aircraft, and pointed out where taxiways, hangars and runway pavement markings need improvement. One member mentioned aerial photographs of the airpark might be an effective addition to the presentation. The Engineering Department was commended for the way they Bra running the airpark. 8. Tie Down I Hangar Lease Form Mr. Bahnick said this item was brought back because the FBD lease was not being rolled over. It was indicated the Airport Authority does not support adopting a lease format containing detailed rules and regulations. It was indicated a committee met in severar sessions to draft the new lease format and felt the new lease should be generic in nature, referring operating details to the rules and regulations as approved by the City Manager. Mr. Bahnick distributed copies of a memo from Fire Inspector Jeff Daniels listing violations at the airpark on December 19, 1995. It was indicated the lease committee would be happy to work out details with the Fire Marshal. 9. New Hangar Construction Mr. Bahnick reported the construction plans are ready and he will meet with SWFWMD next week to present the City's stormwater concept for the project. Once approved, it will ga far FOOT approval. Mr. Bahnick was requested to display the site plan at the airpark when it is ready. Discussion ensued regarding the timing for the various approvals and estimates for the number of new hangars planned for the next five years. 10. Other Business In .response to questions, Mr. Bahnick said the flagpole from the utilities building had been appropriated by the demolition contractors, but two lengths of 2" pipe had been delivered to the airpark for use with the wind sock. He reported City Hall does not issue parking passes for advisory meetings except to the members on the day and time of the meeting. Mr. Bahnick reminded the members of the City Manager's Appreciation Day dinner on April 2, 1996 at the Harborview Center. encouraged to respond to the City Manager's office soon. maa03.96 3 Advisory Board Members were 03/06/96 , ,~ ,'" I J ..,.. .. .i.... J~: ~.' o. ,; c I C ,~..., , , , , .,'.:", ":," ':i~' :: :~::;":!(~~~/j~J;;~:?::'~~~W~};~~:ii;::~~:,):~(.~r;/::;::Y~'{:I;i':::i:, ':,:" /' '/ t,.: , ,~ " "',' . , , . .. it , II"") '-" . Member Silcox was happy to see more people in the audience today. 11. Call of the next Meeting The next regular meeting of the Airport Authority was called for April 3, 1996, at 3:00 p.m., in City Commission Chambers. . 12. Adjournment' The meeting adjourned at 4:44 p.m. Attest: .L~. .lfoa'd Raporte, . .. air Airport Authority l~ , ......1 ,I' . , '~ L~W~' W maa03.96 4 03/06/96 ",{ ,', ~,;,'" ,. ,'..rl:~r\tt~> <:'~ ,; <:, ~ T.,r~~l\1!., '~~c'r~' , ;J,{ .~' ',1, rr" '~', '~+:';i~ :" c r it "'.: :