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11/06/2019 Airpark Advisory Board Meeting Minutes November 6, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 tl e Meeting Minutes Wednesday, November 6, 2019 3:00 PM Main Library - Council Chambers Airpark Advisory Board Page 1 City of Clearwater Airpark Advisory Board Meeting Minutes November 6, 2019 Roll Call Present 5 - Chair Denise Rosenberger, Vice Chair Bruce Brock, Board Member Richard Porraro, 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 August 7, 2019 Meeting Minutes. Member Brock moved to approve minutes of the August 7, 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 and Airpark Manager Barbara Cooper reported on tenant levels and visitors. She said quarterly fuel sales had decreased by 2%.She invited members to attend the Airpark's holiday party on December13, 2019 at 6:00 p.m., celebrating the Airpark's 80th anniversary. She requested attendees bring an unwrapped toy for "Toys for Tots." 4.2 Continuation of Board Comments on Lease Language to develop a Draft of a New Tenant Hangar Lease Marine &Aviation Operations Manager Michael MacDonald said the skeleton lease was a framework to begin discussions, housekeeping changes would be made. He requested members forward comments to him to include in a draft that will be distributed to the board. Marine &Aviation Director Ed Chesney said the new lease would include technical and policy changes. Following board approval, the draft lease would be forwarded to the Legal Department for review before its Page 2 City of Clearwater Airpark Advisory Board Meeting Minutes November 6, 2019 submission to the City Council for approval. Ms. Cooper said the lease needed to include current operation hours and specific rules re Airpark staff moving aircraft. She said staff would help push airplanes into hangars but would not be responsible for any damages. She said staff would not tow airplanes with Airpark equipment. Member Brock reviewed his written comments which were attached. He supported a longer lease than month to month. Suggestions were made for the lease to cite federal regulations prohibiting drones flying near the Airpark and to permit maintenance in hangars but prohibit spray painting and sanding. It was noted hangars could be vacant when airplane owners were on extended trips. Jim Porter reviewed his engineering and military background and said he had been a certified A&P (Airframe & Powerplant) mechanic for 5 years. He said it would be unreasonable for the lease to prohibit him from working on his airplane inside his hangar. Bob Gibson reviewed his background in mechanical engineering and the sciences. He said his first solo flight was more than 49 years ago, he had owned airplanes since 1985 and been an Airpark tenant since 1990, paying more than $175,000 in rent. He suggested the illegal business at the Airpark was the catalyst for updating the lease. He said he was disappointed the draft lease was verbose and draconian, suggesting the lease should be a "garage"lease as hangars were garages for airplanes. He said tenants were a resource for the lease rewrite. He supported Member Brock's written comments. Kelly O'Donnell supported Member Brock's written comments. Mr. Chesney said updating the 20 year-old lease was necessary due to changing technology, the creation of Homeland Security, and the lease's outdated month to month time frame. It was stated the Airpark was a jewel and an amazing asset for the City. City and Airpark staff, Ms. Cooper and FBO David King were thanked for their efforts maintaining the Airpark. 5. Old Business Item Mr. MacDonald said the Construction Manager At Risk had been directed to obtain bids for Hangar C. He anticipated costs would be available in 3 weeks. Mr. Chesney said grant funds for the design build project were fixed and Page 3 City of Clearwater Airpark Advisory Board Meeting Minutes November 6, 2019 had to cover asbestos removal, demolition, site work, and construction. He anticipated the contract would be awarded in early 2020 and the project would take 5 to 6 months, with all permitting and planning done upfront. Staff was working with the FBO re groundbreaking as Hangar C tenants will need to be relocated. Ms. Cooper recommended the project take place during the summer when many tenants head north. 6. Director's Report Mr. Chesney reported tomorrow, the City Council was scheduled to approve an ex officio member to the board. The Airpark was a regional draw with many tenants who did not live in Clearwater. He noted Kelly O'Donnell had expressed interest in serving on the board. Following approval of the position, her application will be submitted to the City Council. 7. Board Members to be Heard 8. Adjourn Attest: APri oard Repo" Member Brock reported he had moved to the City of Largo. He said he preferred to remain on the board. The meeting adjourned at 3:40 p.m. Chair — Airpark Advisory Board City of Clearwater Page 4 Airpark Advisory Board Meeting Minutes November 6, 2019 Comments on the Draft Airpark Lease Agreement Nov 6, 2019 1. To begin, I have to comment that I am disappointed that one must be an attorney to read this document. Surely this could be converted to readable English. 2. Page 2. Security deposit. I have no objection to a security deposit for new tenants but a security deposit for tenants with no payment issues is insulting. I personally have paid over$55,000 in rent over the last ten years plus unknown thousands for fuel. I should not be subject to a security deposit. Even Duke Energy and Clearwater Utilities don't require deposits of clients with good payment records. 3. Page 3. Last paragraph under Rent. My hangar doors are rusting away and I have asked more than once for repair. Am I accepting this condition if I sign the lease? 4. Intended use. 90 days for an inoperative aircraft is way too short. An engine overhaul could easily take 6 months to accomplish. Many aircraft parts for vintage aircraft are produced very infrequently awaiting sufficient orders to justify production. 5. Page 4. Maintenance. The City, FBO and tenants all share a common goal. Well maintained and safe aircraft are essential to the operation of the Airpark. The City and FBO should be making it easier to maintain aircraft, not harder. The first paragraph makes it far more difficult to maintain an aircraft properly. The Federal Aviation Administration is solely responsible for regulating the airworthiness of the general aviation fleet. The FAA has the technical resources, expertise and manpower to accomplish this goal. The City and FBO do not. They are not qualified to regulate aircraft maintenance. Tenants should not have to ask permission to maintain their aircraft in an airworthy condition if they are following the Federal Aviation Regulations. The City and FBO in the lease should simply require that aircraft be maintained in strict accordance with the appropriate Federal Aviation Regulations. As you know, the Federal standards for hangar use (which I acknowledge are not regulatory to the Airpark) assume that maintenance will occur in hangars. It is a primary reason why anyone leases a hangar. I note also that the Albert Whitted lease doesn't even mention maintenance. Maintenance is not on their list of prohibited activities. Is it realistic to expect that an A&P mechanic/owner is not going to perform maintenance IAW the FAR's on his own aircraft? Write in another hold harmless clause releasing the City and FBO for any responsibility for aircraft airworthiness if you see the need. The lease already regulates commercial operations in the Operating Rules. 6. Page 8. This hold harmless clause seems to imply that the FBO is not responsible for anything. Is that what it says? Using a standard of "gross negligence" is a pretty high bar and seems to me unreasonable. What was the origin of the language about towing services? Makes me know I will never use it for sure. 7. Page 10. If a traffic reporting aircraft can depart at 0600 how about an Angel Flight mission? Respectfully submitted. Bruce Brock Airpark Advisory Board Page 5 City of Clearwater