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10-07-1992 Regular Meeting f""" PEACHTREE CITY AIRPORT AUTHORITY Minutes of Meeting October 7, 1992 The regular meetin~ of the Peachtree City Airport Authority was held in the C1ty Hall Council Chambers on October 7, 1992, at 7:00 p.m. Those present were Mr. David Good, Mr. John Dennis, Mr. Robert Patterson, Ms. Vivian Brigham, and Mr. Mike Amos. Also present were Mr. Barry Amos, city Engineer; Mr. Doug Warner, Authority Attorney; Mr. Jim Savage, Airport Mana~er; Mr. Steve Smith, Wilbur smith and Associates; Mr. Phil1p Thatch, Hunting Aircraft, Inc.; and Mrs. Pam Collins, Recording Secretary. ANNOUNCEMENTS Mr. Good stated that he had received a letter Philip Thatch, C.E.O. of Field Aircraft Atlanta, that Field Aircraft Atlanta has undergone a name is now Hunting Aircraft, Inc. from Mr. announcing change and ADDITIONAL AGENDA ITEMS r: ~. , , 92-10-03 Consider invoice on storm water runoff. 92-10-04 Consider bill from Authority Attorney. Mr. Good moved that these items be added to the agenda. Mr. Dennis seconded the motion, which passed unanimously. APPROVAL OF MINUTES The minutes of the September 2, 1992, meeting were available for review. Ms. Brigham made two alterations in the minutes. Mr. Amos moved that the minutes be accepted with corrections; Ms. Brigham seconded the motion, which was passed unani- mously. REPORTS Airport Manager: On September 8, 1992, Mr. Good, Mr. Tom Strauch, Facilities Director for Field Aircraft Atlanta (now Hunting Aircraft, Inc.), Mr. Ron Johnson, Fleming Construction, and Mr. Savage toured the main hangar to inspect the sprinkler system and code improvements, which have now been completed. Mr. Savage said that Hunting Aircraft was currently awaiting a letter from the City accepting the hangar im~rovements. The letter would then trigger payment for those 1mprovements to Hunting Aircraft. To date the Authority has paid $142,245.50. There remains a balance of $5,163.00; the Authority's share of that is $2,181.50, for a total of $144,827. This amount is approximately $5,000 under budget. r-. f,; Page 2 Airport Authority Minutes October 7, 1992 Mr. Savage said that he is continuing to develop an emergency plan for the airport. Mr. Savage announced that new offices in The Toy Box, come by and visit. The County Water System is building additional holding ponds at the north and northeast corner of the airport. the Authority has moved into the Inc., and invited the public to ,.-.j , , At approximately 3:00 a.m. on September 26, four youths wrecked a small car at the airport. They had apparently been driving around the airport on the taxiway system and runway. There was significant damage to the vehicle, and three of the four were transported to the Newnan hospital. The driver was charged with D.U.I. There was minimal damage to the taxiway. A secondary flight check was made on the localizer. It passed successfully. The charts are scheduled to ~o into effect October 15. At that time both the local~zer/DME approach and the NDB approach will be authorized. At the same time the VOR approach and the RNAV approach to 31 will be decommissioned. We have requested that the RNAV approach to 31 be reinstated as soon as possible. Mr. Savage has been told that this may take six months to go into effect. He has requested that they develop a back-course approach for Runway 13. Mr. Savage announced that the Metropolitan Atlanta Airport Council Meeting is scheduled for October 20, 1992, at 12:00 at the Georgia Depot. The speaker will be the Southern Field Administrator for the F.A.A., Mr. Ted Beckloff. Wilbur smith and Associates: Mr. Steve Smith, Wilbur Smith and Associates, reported that there has been significant progress on the AIP 05 Project. Mr. Smith reminded the Authority members that last month Wilbur Smith and Associates had several serious discussions with the contractor regarding Oakview's performance level and scheduling, as well as some additional work that Oakview had requested to enhance their progress. Mr. Smith said that Oakview has made positive strides in the last few weeks. Most of the grading and drainage work in Phase I, which is where the hangars will be located, should be completed within a week. The fuel farm area should be completed by October 8. Smith and Associates has scheduled a pre-paving conference with Oakview Construction October 9 at 9:00 a.m. r-" , , ,.-, l r r-" r ~.. Page 3 Airport Authority Meeting October 7, 1992 A pre-construction conference has been for Friday, October 9! at 11:00 a.m. on This project will beg~n a few weeks after scheduled with APAC the AlP 07 project. the meeting. Mr. smith submitted the following invoices for approval: AlP 05 Oakview Construction wilbur smith and Associates $63,050.45 $16.645.88 $79,696.33 $ 3,467.78 $77,683.00 GA DOT Grant Request FAA Grant Request Mr. Patterson asked what time frame these invoices covered. Mr. Smith said that it covered September 10 through September 30. Mr. Amos moved that the invoices be approved for payment. Mr. Patterson seconded the motion, which passed unanimously. NEW AGENDA ITEMS 92-10-01 Consider Change Order #2 with Oakview Construction for the AlP 05 Project. Mr. Good read Change Order #2, a copy attached, for the benefit of the public. Mr. Good said that the change order had been reviewed and approved by Wilbur Smith and Associates, and accepted by Oakview Construction. Mr. Good said that this change order is the result of several important negotiations to get the project back on track. Mr. Good moved that the Chairman be authorized to sign the Change Order. Ms. Brigham seconded the motion, which was approved unanimously. 92-10-02 Consider FY 93 Airport Operations Budget Mr. Good suggested that the Authority only act upon the first quarter of the draft budget because, he said, revenue from the fuel farm, T-Hangars, and Port-A-Ports is too variable for an accurate proposal. (The T-Hangars are disassembled and will be reconstructed later this year. Likewise, the Port-A-Ports are not producing revenue because they are slated to be moved in the spring months.) The proposed construction flow for the budget is a is complete. next 12-month basic bare-bones budget until It provides for a break-even cash operating period. Mr. Savage r ~.. t ~ , f Page 4 Airport Authority Minutes October 7, 1992 said that revenues will probably be enhanced once the ramp area is available for tie-downs. Ms. Brigham pointed out that if the budget was approved in its totality, that does not preclude making changes later in the year. Mr. Good briefly summarized the balance sheet: Current Assets Property, Plant, & Equipment Other Assets Total Assets Current Liabilities Lon~ Term Liabilities EqUJ.ty position Ms. Brigham moved to approve #3. Mr. Patterson seconded unanimously. 92-10-03 Consider invoice on storm water runoff. $ 183,000.00 $9,303,000.00 $ 5.666.00 $9,491,666.00 $ 38,309.00 $ 477,688.00 $8,976,000.00 the budget as presented in draft the motion, which was approved Mr. Good said that the Authority is responsible for complying with the EPA's new procedures regardin~ storm water discharge, testin~ and compliance. The Amer~can Association of Airport Execut~ves has formed a group to draw up a group storm water permit. The Authority has asked to become a member of that group; the membership fee is $1,750, which includes a group storm water discharge permit. The Authority unanimously ap~roved payment for a group storm water discharge perm~t. 92-10-04 Consider payment of Authority Attorney's invoice. Mr. Warner submitted an invoice for $4,662.00 as of September 2, 1992. He said that these bills have alread~ been approved, and that he is requesting payment. The ~nvoice reflects payment for general services, but not litigation or other pending legal disputes. Mr. Dennis moved that the Authority approve payment of the invoice. Mr. Patterson seconded the motion; the motion was passed unanimously. Mr. Philip Thatch, C.E.O. of Hunting Aircraft, Inc., updated the Authority on several issues. He said that Hunting Aircraft, Inc., had received the Authority's letter and will submit a projection for next year. Mr. Thatch stated that, just as the Authorit~ is finding it difficult to project for next year, so, too, ~s Hunting Aircraft because of the Page 5 Airport Authority Minutes October 7, 1992 economy, particularly the airline industrv. Mr. Thatch said that Hunting has several large proJects pendin~, which could make a drastic difference in the company's proJections for next year. In addition, Mr. Thatch will give the Authoritv current payment estimates on a regular basis during the com1ng year. Mr. Thatch said that Hunting is as concerned about security as the Authority. The long-term solution, he said, is fencing. Hunting is committed to installing fencing from its premises to tie into the Authority's fencing. The desired result ,he said, would be to restrict casual traffic to the automotive parking lots. Such a fencing system would also help alleviate problems with deer. Mr. Thatch said that he is awaiting a schedule from the Authority sayin~ when the Fuel Farm will open. Hunting has not notified Tr1ton Fuels that Hunting will terminate its agreement because, Mr. Thatch explained, Hunting wishes to tell Triton that it is the desire of the Authority to consolidate the fuel farms at the airport. Therefore, Mr. Thatch said, Hunting would like to have a letter from the Authority to that effect before notifying Triton. He stated that this was not a new item, because they had discussed this during the negotiations with the Authority. Mr. Good stated that Mr. Savage had been asked to put together that schedule, and that the Authoritv anticipates that the site prep on the fuel farm will be f1nished on October 7, 1992. Regarding insurance, Mr. Thatch said that in the old lease it was to be a reguirement that the FBO company have $200,000.00 worth of build1ng coverage. When the new lease was signed, Mr. Thatch stated that he did not see that coverage in there, which means that the Airport Authority has it or that there is none. That does not mean that Hunting does not have comprehensive coverages, but he is not aware of any building coverage. Mr. Thatch stated that the Authority should con- sider whether this is something that they would want to have since the value of the building is greater than it was six months ago. Mr. Thatch said that he has two copies of a letter and invoice totaling $6,594.50 for the FBO upgrades. Mr. Thatch also said that he met with Mr. Charles Sibley of the City and that he expected to have a sign-off stating the building meets the City requirements. The Fire Department requires one more fire door. He said it is just a matter of installing the door. That will complete the major construc- tion effort, afterwhich the Fire Department and the City will send Hunting a letter. ,....., l ~ l ~ t , Page 6 Airport Authority Minutes October 7, 1992 Mr. Thatch said that there were only two remaining items left on the bill, which is yet to be presented to the Authority. Some of the landscaping will be delayed until the spring, Mr. Thatch said. Mr. Thatch also said that Hunting has deposited approximately $8,000 for further landscaping as a part of the construction process. Mr. Good moved that Session to discuss Patterson seconded the Authority adjourn a personnel item and a the motion, which was passed to Executive lawsuit. Mr. unanimously. EXECUTIVE SESSION After considerable discussion, Mr. Amos moved that the Chairman be authorized to accept the bid for Public Officials and Employees Liability Insurance in the aggregate amount of $5,000,000 from Classique Insurance Services, Inc., and that the premium payment be taken from the Hotel/Motel Tax funds. In addition, the Authority will ~etition the City Council for repayment of the ~remium for th1s policy. The motion was seconded by Ms. Br1gham. Mr. Good, Mr. Amos, and Ms. Brigham voted to approve the motion; Mr. Patterson and Mr. Dennis voted against the motion. The motion was passed. Ms. Brigham moved to adopt the following resolution: RESOLUTION OF PEACHTREE CITY AIRPORT AUTHORITY REGARDING INDEMNIFICATION OF AUTHORITY MEMBERS AND EMPLOYEES WHEREAS, Peachtree city Airport Authority (the "Authority") is a ~overnmental authority duly organized, chartered, and exist1ng under the laws of the State of Georgia; WHEREAS, the Authority recognizes that, pursuant to Georgia and Federal law, public officials, including members and employees of ~ublic authorities, may be subject to claims and lawsu1ts seek1ng to hold those persons personally liable for damages; and WHEREAS, the Authority deems it to be in its best interest to indemnify, defend and protect the members of the Authority and its employees from liability, as an inducement to qualified persons to serve in such capacities. IT IS, THEREFORE, RESOLVED THAT: Peachtree City Airport Authority hereby agrees to indemnify each member of the Authority, as well as each employee of the Authority, against any claims, lawsuits, Judgments, liabilit1es, damages, or causes of action arising out of his ~ ~ , ~ - it . Page 7 Airport Authority Minutes October 7, 1992 or her service as a member of the Authority, or arising out of his or her service as a member of the Authority, which indemnification shall include without limitation the payment of all defense costs, including attorneys' fees, expert fees, court costs, associated expenses, as well as the full amount of any compromise settlement of a disputed claim and the full amount of any judgment rendered against any member or employee of the Authority; provided, however, that no Authority member or employee shall be indemnified hereunder against any judgment based on intentional wrongful conduct or criminal conduct. This resolution shall remain in full force and effect until such time as it may be amended or repealed by subsequent resolution of this Authority. SO RESOLVED, this 7th day of October, 1992. Mr. Patterson seconded the motion; the motion was passed unanimously. Ms. Brigham moved that the Authority frame a the Cit~ Council to take whatever action appropr1ate to indemnify the Airport Authority employees. Mr. Amos seconded the motion; the passed unanimously. resolution to is deemed members and motion was Mr. Good adjourned the meeting at 9:05 p.m. Dav1d Good, Chairman Attested by: r: k: ~ PEACHTREE CITY AIRPORT AUTHORITY RESOLUTION Whereas, the Peachtree City-Falcon Field Airport was acquired by the Peachtree City Airport Authority in 1987 and through a continuing expansion and development program has improved the facility into a $10 million asset to the community; and, Whereas, the Airport Authority has an annual budget of $270,000, from which it must maintain the airport runway and taxiways, aircraft instrument approach aids, airport lighting systems, hangar facilities, aircraft parking aprons and grounds, and the costs of three employees to manage and operate these facilities; and, Whereas, the Airport Authority must also maintain airport liability insurance in the amount of $25 million at an annual cost in excess of $12,000 to protect this asset; and, Whereas, the Airport Authority members are appointed by the Peachtree City Council and serve in a voluntary capacity without compensation; and, -- ! Whereas, those members are often called upon to make difficult decisions that might subject them to the risks of legal action by others opposed to their decisions; and, ~ 0-- l, ~- Whereas, those legal risks might include legal action aimed at the member's personal assets or property; and, Whereas, it has been determined that the City of Peachtree City can no longer indemnify the Airport Authority members from the personal risks associated with their service on the Authority; and, Whereas, the Peachtree City Airport Authority has recently purchased errors and omissions insurance coverage at significant expense to protect its members; and, Whereas, unless a method can be found for the city to indemnify the members who serve on this and other Authorities, few if any citizens will be willing to volunteer and thus risk their personal assets in this manner; therefore, r- , i , Be it resolved, the Peachtree City Airport Authority encourages the City of Peachtree city to pursue any and all actions, including, if necessary, the introduction of legislation at the state level to indemnify city volunteers serving on authorities; and, Be it further resolved, that until such time as the issue of indemnification has been satisfied, the Authority strongly urges the City of Peachtree City to provide the funds to purchase adequate errors and omissions insurance for all Authority members and employees. 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