BROOKSVILLE- At the February 24th County Commission Meeting, Commissioners voted 4-1 to adopt an ordinance that establishes a procedure for a company that applies to be an operator at the Brooksville-Tampa Bay Regional Airport. It is important to note that new minimum operating standards have not been adopted and any company that is approved through the established procedure will be held to the operating standards that have been in effect since 2004. Hernando County is currently working with a consultant to develop up to date Minimum Operating Standards.
Hernando County Public Information Officer, Virginia Singer told Hernando Sun, “The drafting of the ordinance was necessitated by the Board’s recent abolition of the Hernando County Aviation Authority.” The Aviation Authority handled the evaluation and approval of applications to be an operator before they were abolished by the board on December 16, 2014.
This was a sore subject for David Lemon airport tenant and previous Airport Aviation Authority member who voiced his opinion at the February 24th commission meeting. In essence Mr. Lemon questioned the county’s ability and qualifications to make decisions regarding aviation matters and insisted that the ordinance would dissuade businesses from becoming operators at the airport. He asked the board, “As a business person would you sign up to creating a business at the airport under these egregious requirements?” He continued, “The Aviation Authority reviewed the version that the airport manager produced and they told you it was not functional and unnecessary. Then you all said if you guys don’t like it we’ll abolish the aviation authority and do it with a county ordinance. It’s just foul play.” Mr. Lemon urged the commission to have a public meeting at the airport to get the input of current operators before voting on the ordinance.
Mike Honeycutt for WorldWide Aircraft Services and Jet ICU also addressed the commission. He agreed with Mr. Lemon stating, “The ordinance is extremely thorough but also intrusive into one’s business all the way down to anyone that has 5% ownership in a business has to be vetted.”
Mr. Honeycutt’s situation provides a good case study of the issue. He currently has an application in with the airport to expand his business to become a Fixed Base Operator (FBO). According to the FAA, an FBO is a commercial business granted the right by an airport to operate on the airport and provide aeronautical support services such as fueling, hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction to general aviation operators. The FBO is usually located on leased property on airport grounds.
Mr. Honeycutt described his experience with the application process, “…It’s like a revolving door at the airport office. I submit an application and 30 days to 90 days later I’ll get a letter back saying I don’t meet the current standards to expand on my 5 year business plan.” He stated that the current ordinance is not detailed enough in what they are actually asking for and applauds the county for detailing what they need in the new ordinance. However he fears that since litigation relating to a lease dispute has prolonged his application process, he would befall under the new ordinance which is as Mr. Honeycutt described, “extensive in what it is requesting.”
By clearly establishing the information they need in the application process, the County means to alleviate some of the problems and delays Mr. Honeycutt has experienced. Virginia Singer explained “The ordinance is purely procedural. The ordinance does not alter the quantum of information that the County requires from prospective Airport operators, though the ordinance sets forth the requirements with greater specificity.” Ms. Singer continued, “By clarifying what information and documents will be required, prospective applicants will be better able to submit a complete application, which in turn, will allow the County to process the application with less delay.”
In response to concerns that the documentation required during the application process is too “intrusive,” Ms. Singer explained that the ordinance gives applicants the option of submitting the documents to a CPA for evaluation instead of directly to the County. The CPA would then provide a report of his or her findings to the County. However, associated costs would fall on the applicant.
It is important for the County to be diligent in evaluating operators since they do invest in infrastructure for new operators assuming that funding is available and is consistent with the Airport’s approved Master Plan.
The entire ordinance can be viewed here:
Airport Operator Evaluation Process Ordinance (PDF)
The following are in part some key points of the ordinance establishing the application process:
- Evidence supporting the projections for the proposed operation’s first five years of operation;
- Evidence of sufficient capitalization to carry out the proposed operations;
- The organizational structure of the applicant- If the applicant is a corporation, include the names, addresses and telephone numbers of the corporation’s officers and managers and the names and addresses of all shareholders having a five (5%) percent or greater ownership interest in the corporation. Similar information is required for other entities.
- A current credit report for each party owning or having ten (10%) percent or more financial interest in the business and a credit report on the business itself covering all geographical areas in which it has done business in the ten-year period immediately prior to such application.
- The applicant’s current financial statement, together with financial projection for the first five years of operation, as prepared or certified by a Certified Public Accountant (CPA). An applicant may, in lieu of providing the above-enumerated documents to the Airport, make its original books and financial records available for review, inspection, copying, examination, or audit by a CPA retained by the Airport for that purpose. If the applicant opts to have its records reviewed, the applicant shall permit the Airport’s accountant to perform an inspection at the location where the applicant’s books and records are located. If the applicant elects to have the Airport perform a records review, the applicant shall reimburse the Airport for all of the costs that may be incurred. Those costs may include the accountant’s fees, reasonable air and ground transportation, mileage, food, lodging and other miscellaneous costs associated with the review.
While Commissioner Holcomb voted against the ordinance, Commissioners Adkins, Nicholson, and Rowden supported it.