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08/07/2019 Airpark Advisory Board Meeting Minutes August 7, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap Meeting Minutes Wednesday, August 7, 2019 3:00 PM Main Library - Council Chambers Airpark Advisory Board Page 1 City of Clearwater Airpark Advisory Board Meeting Minutes August 7, 2019 Roll Call Present 5 - Chair Denise Rosenberger, Board Member Richard Porraro, Vice Chair Bruce Brock, Board Member Paul Doric, and Board Member Ronald Mason Also Present - Ed Chesney, P.E. — Marine &Aviation Director, Michael MacDonald - Marine & Aviation Operations Manager, Patricia O. Sullivan — Board Reporter 1. Call To Order The Chair called the meeting to order at 3:00 p.m. at the Main Library. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2. Approval of Minutes 2.1 Approval of May 1, 2019 Meeting Minutes. Member Brock moved to approve minutes of the May 1, 2019 Airpark Advisory Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda: None. 4. New Business Items 4.1 Fixed-Base Operator's Verbal Quarterly Update FBO (Fixed Base Operator) representative Barbara Cooper reported on tenant levels and visitors. She said fuel sales held steady through the rainy quarter and increased 8% this year based on gallons sold. 4.2 Provide comments on existing Airpark Hangar Lease language. Advisory Board to begin review of the current lease language used for Clearwater Airpark hangars. For comparison purposes, the lease document used by Albert Whitted Airport in St. Petersburg is provided as an example. Board review, research and comments will be discussed again at the November 6, 2019 meeting. Marine &Aviation Director Ed Chesney said following notice to tenants, the Building and Fire departments inspected the Airpark hangars, violations ranged from minor to significant. Comments at the July Airpark special meeting indicated tenants were unfamiliar with lease rules, the month to Page 2 City of Clearwater Airpark Advisory Board Meeting Minutes August 7, 2019 month lease had not been updated in 20 years. He requested members review the Airpark and Albert Whitted leases, the Board will work to recommend updates for lease language during their next couple of meetings. The Legal Department will review recommended lease changes before it can be submitted to the City Manager and City Council for approval. FBO Dave King said more than 95% of tenants cited for infractions have now complied. Support was expressed for enforcing 100% compliance. Concern was expressed that Paragraph 18 was unreasonable as most aircraft owners lacked sufficient expertise to work on their aircraft and were not certified A&P (Airframe & Powerplant) mechanics. Mr. Chesney said the paragraph language needed to be vetted; owners who worked on their planes in the hangars may require liability insurance. While Albert Whitted abutted Tampa Bay, the Airpark needed more restrictive regulations due to its surrounding neighborhoods. Mr. King expressed concern the Airpark would be held liable if an aircraft had an accident after an owner repaired it onsite, even if the owner was A&P certified. He said tenants who worked on their aircraft should be required to carry at least$1 million in liability insurance. He opposed independent mechanics repairing aircraft in hangars and recommended tenants use the Airpark's certified mechanic services, expressing concern that Mr. Bender or any other would move out of the Airpark if documented or unregulated tenant business was being performed in the hangars. It was commented that repairing an aircraft radio should not require $1 million in liability insurance and FAA "Standards for Aeronautical Use of Hangars"(attached) permitted maintenance, repair, or refurbishment of aircraft. Mr. King questioned who would be liable if an aircraft shifted off its jack in a hangar and injured someone. In response to a concern that Paragraph 4 limited storage of inoperative aircraft to 90 days when engine overhauls could take longer, Mr. Chesney recommended developing Airpark Rules and Regulations in unison with a new lease to permit the Airpark Manager to approve hardships. Concerns were expressed that Paragraph 17 prohibited installation of shop equipment, an undefined term, and Paragraph 18 was too vague re permitted cleaning and polishing materials, it was questioned if cleaning items could be stowed in a toolbox. It was noted Albert Whitted's lease had a section with definitions. A resident said tenants should be permitted to work on their aircraft as Page 3 City of Clearwater Airpark Advisory Board Meeting Minutes August 7, 2019 permitted by Albert Whitted's lease, which also required airworthy aircraft in hangars or termination of the lease. She said businesses operating out of hangars should be required to purchase business and workers compensation insurance. She said Albert Whitted provided 120 days for major overhauls and amateur-built aircraft construction with proper insurance and an airpark liability waiver. She said the new lease should clarify maintenance prohibitions and require 30 days'notice for rent increases, noting younger pilots could not afford higher rents. Ms. Cooper did not think tenants were permitted to operate businesses in hangars and recommended the new lease clarify that restriction. She suggested considering double occupancy hangars as permitted at Albert Whitted with airport permission. Mr. King said he would share a list of problematic things people commonly did. He expressed concern that half of Airpark tenants flew their aircraft less than once a year, while active pilots were waitlisted up to 7 years. He suggested the new lease define "airworthiness"and encourage tenants to fly their aircraft or vacate their hangars, the Airpark was not a storage facility. It was commented that inactive tenants did not contribute to the Airpark's vitality. It was noted FAA "Standards for Aeronautical Use of Hangars"referenced storage of"active aircraft." In response to a suggestion that the new lease require biannual flight reviews and UpToDate medical authorizations to fly, Mr. King supported those requirements to improve Airpark safety but expressed concern re difficulties in obtaining and tracking the information. He said he currently had no authority to request proof of insurance, certifications, or medical authorizations from tenants. In response to a question, he said when a new lease is approved, the pilot's operating handbook would be updated. Ms. Cooper said new tenants were required to provide proof of insurance and medical authorization but tenants did not respond to her letters requesting annual updates. Mr. Cheney said the Marina maintained an audit file and required annual insurance renewal information. All lease renewals required certifications and proof of insurance. The Airpark lease needed to protect City property from liability. Mr. King said in the last 20 years, the Airpark only requested 2 tenants to vacate. He said annual rate increases were tied to the CPI (Consumer Price Index) as provided by the City. Mr. Chesney said City market studies indicated that Airpark rates corresponded with those at similar airparks. Page 4 City of Clearwater Airpark Advisory Board Meeting Minutes August 7, 2019 In a response to a suggestion that long time tenants too old to fly may need to be grandfathered, Ms. Cooper said the Airpark could not discriminate and provide special treatment for any tenant. She recommended the lease require hangars to be used for aircraft and prohibit storage as some hoarders had filled hangars to the ceiling. Mr. Chesney said inspections also found classic cars,jet skis, lawnmowers, and john boats stored in hangars. It was stated that snowbirds without local addresses may need to store their motorcycles or automobiles in their hangars when in town. It was commented many nearby storage units were available to rent. Mr. Chesney said the FBO would evaluate those types of needs as opposed to pure storage. Operating a business in a hangar would require a BTR (Business Tax Receipt) and must meet zoning requirements, City Codes and Ordinances would need to be met before businesses would be permitted. Mr. King opposed businesses operating in hangars that would unfairly compete with onsite aircraft maintenance and professional flight school businesses which he was required by his FBO lease to provide these services and ensure they met high standards. Mr. Chesney said the Planning & Development Department and City Council would have the final say re hangar based businesses. He supported requirements for exit signs and fire rated extension cords and prohibition of flammable item storage and sewer-less inside water use installations. Annual fire/life safety inspections would be done. Mr. King recommended scheduling inspections over several months. Mr. Chesney said the Board would begin working on the new lease draft at the next meeting. He said the new lease would be a living document, subject to tweaks and accompanied by Rules, Regulations, and Policies. 5. Old Business Item Marine &Aviation Operations Manager Michael MacDonald said the City Council had accepted the FDOT(Florida Department of Transportation) grant to replace Hangar C. Engineering drawings will flip the design of Hangar D. Mr. Chesney said a Construction Manager at Risk would likely value engineer the plans to guarantee a maximum price that did not exceed budget, costs have increased during the last 5 years. The project must meet current Code, sanitary pipes already were in place should a restroom be incorporated. City Council approval of the construction contract will be required. Ms. Cooper said the best time to raze the current hangar would be between May and late October. Mr. Chesney said Hangar C tenants Page 5 City of Clearwater Airpark Advisory Board Meeting Minutes August 7, 2019 would be relocated for several months. Hangar C, the oldest hangar, needed to be razed or rehabbed. 6. Director's Report Mr. MacDonald reviewed planned security upgrades, noting the grant for the guard building and Construction Manager at Risk would be presented to the City Council for approval. Based on the FDOT sponsored Kimley Horn security assessment, security cameras and fencing would be upgraded in the next few years. The assessment rated Airpark security as a 2 out of 10, with 1 being best. Once FDOT approved the Master Plan, FDOT funds would be available for Master Plan projects. In response to a question, Mr. MacDonald said the $75, 000, air-conditioned prefab building, designed for gate entry with glass on all sides, will be dropped on a slab and attached to electricity and cable at the south gate. The gate will be shut when guards walk the grounds; guards can be contacted via phone. Mr. Chesney said other City facilities did not allow 24-hour access to City property. It was stated that pilots should not need hangar access more than one hour after the last landing time or one hour before the first departure time. It was recommended that no Airpark access be permitted between midnight and 6:00 a.m. Mr. Chesney said guards were on duty overnight. Mr. Cooper said once a plane had landed at 1:00 a.m.; guards called the Police Department to question the pilot and passengers. 7. Board Members to be Heard: None. 8. Adjourn Attest: oard R: • • er City of Clearwater The meeting adjourned at 4:00 p.m. Chair — Airpark Advisory Board Page 6 Airpark Advisory Board Meeting Minutes August 7, 2019 Federal Register/Vol. 81, No.115 /Wednesday, June 15, 2016 /Rules and Regulations II.Standards for Aeronautical Use of Hangars; a. Hangars located on airport property must be used for an aeronautical purpose, or be available for use for an aeronautical purpose, unless otherwise approved by the FAA Office of Airports as described in Section III. b. Aeronautical uses for hangars include- 1. nclude:1. Storage of active aircraft. 2. Final assembly of aircraft under construction. 3. Non-commercial construction of amateur-built or kit-built aircraft. 4. Maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of nonoperational aircraft. 5. Storage of aircraft handling equipment, e.g. towbars, glider tow equipment, workbenches, and tools and materials used in the servicing, maintenance, repair or outfitting of aircraft. c. Provided the hangar is used primarily for aeronautical purposes, an airport sponsor may permit non- aeronautical items to be stored in hangars provided the items do not interfere with the aeronautical use of the hangar. d. While sponsors may adopt more restrictive rules for use of hangars, the FAA will generally not consider items to interfere with the aeronautical use of the hangar unless the items- 1. tems:1. Impede the movement of the aircraft in and out of the hangar or impede access to aircraft or other aeronautical contents of the hangar. 2. Displace the aeronautical contents of the hangar. A vehicle parked at the hangar while the vehicle owner is using the aircraft will not be considered to displace the aircraft. 3. Impede access to aircraft or other aeronautical contents of the hangar. 4. Are used for the conduct of a non- aeronautical business or municipal agency function from the hangar (including storage of inventory). 5. Are stored in violation of airport rules and regulations, lease provisions, building codes or local ordinances. e. Hangars may not be used as a residence, with a limited exception for sponsors providing an on-airport residence for a full-time airport manager, watchman, or airport operations staff for remotely located airports. The FAA differentiates between a typical pilot resting facility or aircrew quarters versus a hangar residence or hangar home. The former are designed to be used for overnight and/or resting periods for aircrew, and not as a permanent or even temporary residence. See FAA Order 5190.613 paragraph 20.S(b) f. This policy applies regardless of whether the hangar occupant leases the hangar from the airport sponsor or developer, or the hangar occupant constructed the hangar at the occupant's own expense while holding a ground lease. When land designated for aeronautical use is made available for construction of hangars, the hangars built on the land are subject to the sponsor's obligations to use aeronautical facilities for aeronautical use. Page 7 City of Clearwater