March,
26, 2013
Amy
Ludwig
Administrator
of Aviation:
Missouri
Department of Transportation
Jefferson
City, MO
Dear
Ms. Ludwig;
On
December 21, 2012 the City received two sets of correspondence from your office
regarding various operations and maintenance items, with recommendations for
correction.
On
December 28, 2012 the City received a communication from the Federal Aviation
Administration noting three specific areas of correction for necessary to continue
the closure process.
Following
is the response of the City to these aggregate correspondences. For
clarification each correspondence is noted separately.
Because
these correspondences contain reference to communication the City received from
Millicent Parker in February, 2012, those items are addressed as well. Because
that correspondence was chronologically received first, those items are
addressed first.
Routine
Maintenance items (M. Parker 2/29/12):
1. Grass & weeds in cracks on runway & apron:
Pavement cracks are sprayed annually. Out contract season begins April 1st and
these items are addressed at that time. This standard maintenance operation has
been undertaken annually since the inception of the airport, and will continue
so long as the airport remains open.
2. Airport/Facility Directory information: Updated
information was provided regarding he
A/FD in October 2011.
3. Incorrect NOTAM’s: NOTAM’s were corrected on March 7, 2012.
4. Rotating beacon inoperative: Repairs completed February 7, 2013. Verbal report of broken green lens inspected March 5, 2013 and found
inaccurate. Airport lighting shall be maintained so long as good faith negotiation continues toward closure. Upon
termination of positive discussion regarding closure only those repairs and
upgrades for which appropriate documentation can be provided will be considered.
5. Fuel tank needs marked out of service; trash: Fuel
station markings No Fuel and trash removed March 20, 2012.
6. Windsock shredded & non-functional: Visual
inspection on March 8, 2012 confirmed windsock in good repair and all lights
functioning. Visual inspection on January 24, 2013 confirmed windsock in good
condition and all lights functioning. The basic windsock will be maintained as
long as the airport remains open.
7. Runway lights broken and mounted improperly: Lighting
repairs completed January 22, 2013. All runway lights operational and mounted
in accordance with regulations. Airport lighting shall be maintained so long as
good faith negotiation continues toward closure. Upon termination of positive
discussion regarding closure only those repairs and upgrades for which
appropriate documentation can be provided will be considered.
8. Confirm REILS mounts are frangible: Ken Hebb, FAA Airway
Transportation Systems Specialist, confirms that the RIEILS are the property of
the FAA and under their control for maintenance. He further confirms that the
mounts are frangible.
9. Backfill erosion pits, two locations: This has been completed
on two occasions. There is continued erosion and full repair will require replacement of
the entire drainage structure, Because this structure drains under the taxiway
and runway and repairs will require cutting trenches across both, the City
recommends continuing to fill the erosion pits with rock and soil as
needed.
10. Yellow warning paint on. Drainage pipe at Hangar 3:
Completed Match 20, 2012.
11. Correction to hold sign at runway end: Completed June
14, 2012.
***ENDITEM***
Informal
compliant correspondence A. Ludwig 2/21/12:
At
their regular meeting on 1/7/13, the Board of Aldermen voted to reset fixed
wing leases at the 2012 level, for 2013. The City has been in active
negotiation with local tenants throughout February and March, and on March 25,
2013, successfully completed negotiation to arrive at a mutually acceptable
lease which is due and payable for the period January 1 — March
31, 2013 not later than April 1, 2013 without imposition of late fees, and with
April payment due April 1 and considered late and subject to late fees on April
15, 2013.
***End ITEM***
Compliance
plan correspondence (A. Ludwig 12/21/12):
Item
#1; Fiscal Records: On January 21, 2013, the Board of Aldermen approved
entering into a management agreement with Steven Broadbent, CPA, to create and
manage a separate bank account for the City of St. Clair on behalf of St. Clair
Regional Airport. On February 5, 2013, Heartland Bank Small Business
Checking Account #366201441 was opened under the name of St. Clair Regional Airport.
A copy of the Letter of Engagement from Mr. Broadbent is attached.
Item
#2; Lift Station land rental: The fence confining the lift station space is
40’3” by 37’. The space from the west fence line to the property edge at the
roadway is 17’ and provides vehicle access. Presuming fence installation using
a standard 12” bore for concrete post reinforcement the full impacted property
is 41 ‘3” by 54’6”. For purposes of calculation this has been rounded to 42’ x
55’, resulting in an impacted area of 2,310 ft. One acre of land equals 43,560
ft2. The 80-acre airport tract equals 3,484,000 ft2. The appraised fair
market value of the airport is $520,000. The appraised fair market value of the
airport for sale is $0.1492537/ft2. For purposes of calculation this has been
rounded to $0.15/ft2. Thus, the annual appraisal-based fair market value
of airport land is $0.15, for a
calculated area of 2,310 ft, yielding an annual fair market lease amount for
the lift station space of $346.50. The lift station was first contemplated in
2008 and construction completed in 2009. For purposes of calculation the entire
period has been used as lease basis. The period 2008 — 2013 inclusive is six calendar years, producing a fair
market lease fee due and owing to the airport of $2,079.00. This amount was
deposited in Heartland Bank Small Business Checking Account # 366201441. The
percent change in the Consumer Price Index, Midwest Urban; Size D (Nonmetropolitan
[less than 50,000]) will be applied annually to the base lease price of $346.50.
Item
#3; Main Hangar storage: Items which can be proved as non-aeronautical have
been removed from the facility. All items remaining will be sold at public
auction in a sale to be
contracted
for management services to Steven Broadbent, CPA. Because it is impossible to
provide documentation regarding the actual use of these items, the City has
made payment to the Heartland Bank Small Business Checking Account # 366201441
in the amount of $11,700 as payment in full for storage use. This amount is
based on a rate of $325 monthly, which corresponds to the rate published for
that hangar for the year 2011. The term proposed for storage coverage is three
years, based upon a recommendation from MoDOT Aviation and concurrence by Jim
Johnson, FAA Kansas City Regional Office.
Item
#4: Attached is the 2000 AirEvac lease, at a monthly rate of $150, and copies
of letters of support from local service organizations and emergency responders
requesting that the City secure a local site for AirEvac’s use. We have not
located documentation regarding negotiation of the current lease, which was
signed at a monthly rate of $300 with a five year term by Mayor Mindy McCoy in
2005. This lease contained a provision to automatically renew without increase
in 2010 for another five years. While this’ does not comply with FAA Order 51
90.6B p9.5.e, the Order was, not brought to the City’s attention by the
FAA at the time of original lease issuance, and therefore is not possible to
include at this date. When the lease is renegotiated in 2015 the City will include a CPI indexing clause linked to Midwest Urban, Size D (Non metropolitan [less than 50,000]) changes. The City will consider a CPI-based consideration
on all lease rates, but not as a sole determinant for any type of lessee. As
with any form of lease, the rate must reflect more than simple square footage
used. Tenants which require taxiways and runways require more area maintenance
than tenants which use neither. Tenants providing and maintaining their own approach lighting require less
maintenance than tenants demanding those items. Tenants with 24-hour staffing
provide a security presence which tenants using the facility on an intermittent
basis do not provide. Tenants who provide their own snow removal cost less to
house than tenants needing services. Additionally, we will not insert language
from a lease specific to one form of tenant (rotary, fixed, commercial,
private, etc.) into leases specific to additional forms of tenant unless the
language is directly applicable to each, per 18.2 Lb of the Compliance Handbook
noting the appropriateness of lease distinctions based on use.
*** END ITEM***
FAA letter 12/28/12:
Action
1 (first bullet point): Per the above, we consider these items all addressed to
completion as of March 25, 2013.
Action
2 (second bullet point): Per the above, we consider these items all addressed
to completion as of March 25, 2013.
Action 3 (third bullet point): The initial Part 16
filling was sent, the City provided a response, the claimant filed a response,
and the City filed a response to that response. City received notice of extension allowing the FAA additional time for review,
and establishing a new docket of May 13, 2013. Further action is pending that instance, and
will be complied with as directed.
Per the above re the informal complaint, we consider
this issue fully resolved as of March 25, 2013.
*** END ITEM***
Please convey these responses to Mr. Johnson arid
others as appropriate. The City of St. Clair
once again requests release from all past grant obligations, subject to a
requirement to un-amortized portion of such grants, and requests closure of St.
Clair Regional Airport and repay the authorization to sell the lands, subject
to a requirement that the City additionally provide payment to the Federal
Aviation Administration of 100% of the full best-use fair market value
of the site per the most recent appraisal.
As always, thanks for all of your assistance as we try to stumble out
way through this increasingly odd and convoluted process. We will in fact
continue stumbling along, and we will in fact prevail compelling in the end, no
matter how long it takes to reach that end. The story is just too compelling to
let it go now.
Sth c erely,
Rick Childers
