January 2012 Special Meeting Minutes

Open­ing:

The Board Meet­ing of the Pana­ma City-Bay Coun­ty Air­port and Indus­tri­al Dis­trict was called to order at 2:00 p.m., Jan­u­ary 5, 2012, in the Air­port Board Room by Chair­man McKenzie.

The Invo­ca­tion was giv­en by Ms. Pat­ty Strick.

The Pledge of Alle­giance was led by Chair­man McKenzie.

The Exec­u­tive Sec­re­tary called the roll and indi­cat­ed all Board Mem­bers were present.

Busi­ness Items:

a. Con­sid­er­a­tion of Set­tle­ment Agree­ment with Phoenix Con­struc­tion Ser­vices and C.W. Roberts Contracting

This item pro­vides for Board con­sid­er­a­tion and approval of a Set­tle­ment Agree­ment with Phoenix Con­struc­tion Ser­vices and C.W. Roberts Con­tract­ing to resolve pend­ing issues alleged in the lit­i­ga­tion between the parties.

Mr. Pilch­er, the Board’s Vice Chair­man, along with attor­neys for the Dis­trict, have worked with Phoenix Con­struc­tion and its attor­neys to devel­op a fair Set­tle­ment Agree­ment between the Dis­trict and Phoenix Con­struc­tion. The terms of the pro­posed writ­ten Set­tle­ment Agree­ment were discussed.

Mr. Har­ri­son stat­ed that his firm, along with attor­neys from the Carl­ton Fields firm, rec­om­mends approval of the pro­posed Set­tle­ment Agreement.

Fol­low­ing Board dis­cus­sion, Ms. Moliter­no made a motion to approve the rec­om­men­da­tion made by the airport’s legal coun­sel and to enter into the Set­tle­ment Agree­ment with Phoenix Con­struc­tion Ser­vices. Mr. Bruett sec­ond­ed the motion. The vote was tak­en and the motion passed unanimously.

b. Debris Piles Removal and Dis­pos­al at PFN Airport

This item pro­vides for Board approval and autho­riza­tion to pro­ceed with the removal and dis­pos­al of var­i­ous debris piles at the old air­port (PFN) and the approval of a lump sum con­tract with Mar­shall Broth­ers in the amount of $358,312.50 to com­plete the work.

Staff stat­ed that var­i­ous debris piles were locat­ed at the old air­port prop­er­ty, specif­i­cal­ly in the wood­ed areas both north­east and south of the Main­te­nance facil­i­ty. After recent dis­cus­sions with St. Andrew Bay Land Com­pa­ny, the buy­er of the prop­er­ty, the air­port will remove the debris piles for off-site dis­pos­al and con­duct post-removal test­ing in an effort to demon­strate that no resid­ual impacts to the soil and ground­wa­ter remain after removal of the debris piles.

Due to the time sen­si­tiv­i­ty of accom­plish­ing this work pri­or to clos­ing on the sale of the old air­port, and the asso­ci­at­ed risk of sub­stan­tial loss to the Dis­trict, coor­di­na­tion of this work required emer­gency action con­sist­ing of a sim­pli­fied bid­ding process rather than uti­liz­ing for­mal adver­tis­ing for sealed bids. As a result, the air­port con­tact­ed three com­pa­nies and pro­vid­ed each with a detailed overview of the project. Bids to per­form the work were received from two of the three com­pa­nies con­tact­ed. Mar­shall Broth­ers sub­mit­ted a bid of $358,312.50 and GAC sub­mit­ted a bid of $382,300.00.

The work will be sched­uled on an accel­er­at­ed basis and should take between two to three weeks to com­plete. The cost for the pro­posed work would be $358,312.50 for clean-up efforts to final­ize the clos­ing of the sale of the old air­port, and a con­tin­gency of $41,687.50 for any fur­ther removal after ini­tial test results. Staff rec­om­mends approval of these addi­tion­al costs and selec­tion of Mar­shall Broth­ers to com­plete the work.

Fol­low­ing Board dis­cus­sion, Mr. Pilch­er made a motion to approve a bud­get amount of $400,000 for the debris pile removal and selec­tion of the low bid sub­mit­ted by Mar­shall Broth­ers in the amount of $358,312.50 to com­plete the work, and autho­riza­tion for the Board Chair­man or his designee to exe­cute any required doc­u­ments, pend­ing review and approval by legal coun­sel. The vote was tak­en and the motion passed unanimously.

Pub­lic Comments:

None.

Adjourn­ment:

The meet­ing was adjourned at approx­i­mate­ly 2:25 p.m. (CST).

Pat­ty Strick, Exec­u­tive Sec­re­tary Andy McKen­zie, Chairman