HomeMy WebLinkAbout09-17-2013 Regular Meeting57
Minutes of the Fairhope Airport Authority
September 17, 2013
The Fairhope Airport Authority met Tuesday, September 17, 2013, at 4:30 p.m. in the Delchamps Room,
City Building, 161 N. Section Street.
Present: Chuck Zunk, Chairman. Members: Rod Platt, Charlie Bassett, Joe McEnerney, Howard Hadley,
and Jack Burrell; ono -members James Gillespie and David Bagwell, lawyer. Gayle Fogarty, City Executive
Assistant took the minutes. Absent: Pam Caudill
The minutes of the August 20, 2013 meeting were considered and approved on a motion 151 by Jack
Burrell, 2"d by Howard Hadley were approved and unanimously carried.
Update on "The Academy at Fairhope"- Chairman Zunk stated that he closed on the lease with the
Baldwin County Board of Education on September 6. Charlie Bassett informed the group that the site
review work is complete and contracts are out to be signed. Building is expected to begin on November
1, 2013. Chairman Zunk added that he was just informed that the Airport Authority needs to go before
the Planning Commission, per Site Review 11-52-11 to have the "The Academy at Fairhope" project
approved. The meeting is set for October 7 at 5 p.m. in the Council Chambers and although he believes
that the project will be approved, he is concerned whether this project or others in the future are
actually within the legal jurisdiction of the Planning Commission. Chairman Zunk suggested to have up to
$2,000 designated to be used for legal advice on this issue. A motion was made for this action to take
place, motioned 1" by Charlie Bassett and 2"d motion by Joe McEnerney and unanimously carried.
Rod Platt informed the group that the date for the ground breaking of "The Academy of Fairhope" has
been set for September 27 at 10 a.m. Rod shared a draft of the site sign with the group.
Chairman Zunk suggested a resolution for authorization of further work to complete the Academy
project. (See attached resolution.) A motion was made to accept the resolution as written, motioned 1"
by Jack Burrell and 2"d motion by Rod Platt, there was no discussion of the resolution and the motion
was unanimously carried.
Update of Advantage Sites Program — Rod Platt stated there are no cultural resources on the property.
Rod is in the process of setting a meeting with Lee Lawson and Lee Johnson, regarding Phase I and then
the BCEDA will prepare a submittal for the State.
Update on Wetlands/Stream Mitigation Bank Project — Rod Platt stated that he will meet with
It Goodwyn/Mills/Caywood on September 23, 2013 to discuss the profitability differences between
wetlands and stream mitigation bank projects.
Update on roof repairs for main FBO building and hangars — Howard Hadley updated the group, he
stated that the North Hangar is complete inside and the South Hangar is almost complete on the inside.
He added that the outside roof has been delivered and will be put on this week.
Update on storm damage and repair — Chairman Zunk informed the group that the Airport Authority
will receive $25,000 from the insurance company to put toward repairs of the AWOS. He also stated that
there is a sinkhole at the airport and a meeting should be set with Volkert to discuss drainage and
repair.
Treasurer's Report- Joe McEnerney provided the treasure's report to the Airport Authority. There was
general discussion of the treasure's report.
Other Business — Chairman Zunk and Jack Burrell discussed the marketing of the Fairhope Airport.
Chairman Zunk confirmed that he would provide a presentation/long-term plan for the airport at the
work session on Monday, September 23, 2013 for the City Council.
There being no further busine , th meeting was adjourned at 5:40 p.m.
0
59
BE IT RESOLVED by the Board of Directors (the "Directors") of the
FAIRHOPE AIRPORT AUTHORITY, a public corporation under the laws of the State of
Alabama (the "Authority"), as follows:
Section 1. Findings. The Directors have found and ascertained and do
hereby declare as follows:
(a) the Authority and the Baldwin County Board of Education, an
agency of the State of Alabama (the 'Board of Education") have determined it to
be necessary, wise and in the public interest that the Authority design, construct,
acquire, install and equip certain capital improvements next to the Airport
(consisting initially of three, approximately 5,000 square foot class rooms and
related equipment and improvements) to establish a public aviation training
facility (the "Aviation Training Facility") on a portion of the site next to the H.L.
"Sonny" Callahan Airport; and
(b) the Aviation Training Facility will be utilized by the Board of
Education pursuant to a Lease Agreement dated September 6, 2013 (the "Lease")
heretofore executed by the Chairman of the Directors (the "Chairman"), acting by
and on behalf of the Authority pursuant to an August 20, 2013 resolution (the
"August Resolution") adopted by the Directors, and the Superintendant of the
Board of Education (the "Superintendent") on behalf of the Board of Education;
and
(c) under the August Resolution the Chairman was authorized and
directed to negotiate on behalf of the Authority the final terms and provisions of
the Lease and other changes to the form of lease authorized under the August
Resolution; and
(d) pursuant to an agreement between, among others, the Authority
and the Board of Education, the Authority obtained a line of credit (the "Line of
Credit") from Compass Bank, an Alabama banking corporation ("Compass
Bank"), of which not in excess of $250,000 was drawn to pay certain design,
architecture, engineering, legal and other soft costs, site preparation and related
costs respecting the preconstruction phase (the "Preconstruction Phase") of the
Aviation Training Center; and
(e) per the terms of the Lease, the Board of Education has deposited
with the Authority the sum of $2,700,000 to pay Development Costs (as defined
in the Lease) respecting the development and construction of the Aviation
Training Academy; and
(f) development of the Aviation Training Academy will occur in two
phases, the first being civil work (the "Site Phase") and the second being vertical
construction (the "Vertical Phase"), and under the Lease the Chairman is
authorized to negotiate and finalize on behalf of the Authority the bid packages
and contracts respecting the Site Phase and the Vertical Phase; and
No 1
(g) the Directors hereby declare that the Preconstruction Phase has
ended and, further, hereby resolve that the Aviation Training Academy be
developed and constructed as set forth and contemplated in the Lease; and
(h) the Directors have determined to authorize and direct the Chairman
of the Directors, the Vice Chairman of the Directors (the "Vice -Chairman") and
the Secretary of the Authority to take such actions and to execute and deliver such
contracts, agreements, instruments or other documents on behalf of the Authority
as shall be necessary or desirable in connection with the same.
Section 1. Ratification of Lease, Predevelopment Contracts and
Agreements, and Retirement of Line of Credit. (a) The Directors hereby ratify and affirm the
Lease and the actions of the Chairman in negotiating and finalizing the terms thereof (including,
without limitation, those terms that became part of the Lease following the date of the August
Resolution) and in executing the Lease on behalf of the Authority. The Directors hereby ratify
and affirm the actions of the Vice -Chairman in attesting and signing the Lease and in affixing
thereto the corporate seal of the Authority.
(b) The Directors hereby ratify and affirm all predevelopment contracts,
agreements and other documents and instruments signed and delivered by the Chairman on
behalf of the Authority prior to the date hereof including, without limitation, those relating to site
mobilization and development, architectural, engineering and related services, legal and other
professional services, and site construction or development respecting the Aviation Training
Facility.
(c) The actions of the Chairman in causing the Line of Credit to be paid,
retired and extinguished with a portion of the Up -Front Development Amount (as defined in the
Lease) are hereby ratified and affirmed.
Section 2. Construction and Development of the Aviation Training
Academy; Implementation of Lease. (a) The Directors desire to commence the Site Phase and
the Vertical Phase as soon as reasonably practicable. The Chairman, the Vice Chairman and the
Secretary of the Authority, or either of them, are hereby authorized and directed to execute and
deliver, by and on behalf of the Authority, all contracts, agreements, instruments and other
documents necessary or desirable respecting the Site Phase and the Vertical Phase and, further,
such other instruments as may be necessary to complete the development and construction of the
Aviation Training Academy and to comply with the terms of the Lease; provided, that the
aggregate cost of the same shall not exceed the amount of the Up -Front Development Amount,
plus contributions (whether in the form of cash contributions or waivers of fees or other types of
amounts) from public or not -for -profit organizations and any Additional Amounts (as defined in
the Lease) remitted by the Board of Education to the Authority.
(b) The Chairman is hereby authorized and directed to take all actions as may
be necessary or desirable to implement the obligations of the Authority under the Lease
including, without limitation, (i) executing on behalf of the Authority all contracts, agreements,
instruments, or other documents respecting the operation, management, repair, maintenance and
upkeep of the Aviation Training Facility, (ii) making such expenditures for the ongoing
2
operation, management, repair, maintenance and upkeep of the Aviation Training Facility as may
be necessary (whether such expenditures are required by the Lease or are undertaken in the
exercise of prudent care and protection of the said facility); (iii) providing the Board of
Education with Monthly Reports (as defined in the Lease) regarding amounts in the Construction
Account (as defined in the Lease) established with Compass Bank, and (iv) remitting to the
Board of Education any excess balances in the Construction Account upon completion of the
Aviation Training Academy as set forth under the Lease.
26