Okaloosa County BOCC — July 21, 2015 — Proposed Resolution for conveyance of Federal land to Okaloosa County for airport use — reading text

Resolution No. 15-___ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COMMISSIONERS TO REQUEST (THROUGH THE FEDERAL AVIATION ADMINISTRATION AND DEPARTMENT OF TRANSPORTATION), THE UNITED STATES OF AMERICA (THROUGH ITS DEPARTMENT OF AIR FORCE) FOR A CONVEYANCE OF U.S. GOVERNMENT LAND TO THE COUNTY FOR THE CONTINUED USE, DEVELOPMENT AND OPERATION OF THE DESTIN-FORT WALTON BEACH AIRPORT, AND FURTHER AUTHORIZING THE OKALOOSA COUNTY DEPARTMENT OF AIRPORTS DIRECTOR, TOGETHER WITH COUNTY STAFF AND CONSULTANTS, TO PREPARE SAID FORMAL REQUEST ON BEHALF OF THE CHAIRMAN AND TO TAKE ALL NECESSARY STEPS AND ACTIONS AND PERFORM ALL NECESSARY TASKS TO IMPLEMENT SAID REQUEST RECITALS: WHEREAS, Okaloosa County currently leases approximately 130.83 acres of land from the U.S. Department of the Air Force for use for the development, use and operation of Destin-Fort Walton Beach Airport (the "Airport"); and WHEREAS, Eglin Air Force Basc is one of the few military bases within the United States having a commercial service airport with substantial air carrier service operating within its boundaries, thereby substantially enhancing the mission of Eglin Air Force Base; and WHEREAS, the original Eglin Air Force Base ("Eglin") was established on 1,460 acres of land donated to the War Department by a local Valparaiso resident in or about 1937, was expanded in 1940 when the U.S. Forest Service ceded over 340,000 acres of the Choctawatchee National Forest to the War Department and was subsequently expanded to now be comprised of a total acreage comprising approximately 724 square miles (approximately 463,000 acres); and WHEREAS, Okaloosa County has leased land with payment of fair market value rent totaling approximately $4.2 million, and reimbursed the Air Force for airfield user operation and maintenance fees for such use since 1972; and WHEREAS, the continued payment of escalating rental rates called for under the current lease places an undue burden on the Airport's competitiveness to maintain a low-cost rates and charges structure to retain and attract new airlines to serve the Airport, these rentals being estimated at Resolution - Page 1 of 3 $45 million over the next 50 years resulting in unsustainable enplaned passenger costs to the County and the airlines serving the Airport; and WHEREAS, the Airport is a Joint Use commercial service airport operating under guiding principles of the National Plan of Integrated Airport Systems ("NPIAS™) among which is that "Airports should be affordable to both users and Government, relying primarily on producing self-sustaining revenue, and placing minimal burden on the general revenues of the local, State, and Federal Governments."(NPIAS 2015-2019 Report to Congress); and WHEREAS, in leasing the aforereferenced U.S. Department of Air Force land at Eglin to Okaloosa County for the use, development, and operation of a commercial service Airport, the United States Department of Air Force has repeatedly and consistently demonstrated that the use of the subject property (1) was consistent with the military’s operation and development of Eglin AFB, (2) that the use of said property as an airport is advantageous to the United States, and (3) that the use of said property as an airport is in the public interest; and WHEREAS, an acting assistant secretary of the Air Force, Kathleen Ferguson, recently stated that "... bases are being encouraged to engage in innovative community partnerships designed to lessen operational costs while also benefitting the installation's host community."; and WHEREAS, in keeping with the aforestated objective of engaging in innovative community partnerships to lessen operational costs while also benefitting the host community and Eglin Air Force Base, Okaloosa County is in the process of constructing a $3 million satellite Aircraft Rescue and Fire Fighting (ARFF) Facility on Eglin Air Force Base to be equipped, staffed and operated by Eglin personnel to provide ARFF services to both commercial and military operations at Eglin, thereby benefitting both the County and the United States Department of the Air Force, and is constructing an Air Traffic Control Tower (ATCT) for about $5 million at Destin Executive Airport to increasc the safety of Eglin’s airspace from potential catastrophic incidents with general aviation: and WHEREAS, Title 49 section 47125(a), United States Code, states, in relevant part, "[The Secretary of Transportation shall request the head of the department, agency, or instrumentality of the United States Government owning or controlling land or airspace to convey a property interest in the land or airspace to the public agency sponsoring the project or owning or controlling the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for the future development of an airport under the national plan of integrated airport systems....."; and WHEREAS, the Board of County Commissioners has determined, after consideration, that the continued development and operation of the Destin-Fort Walton Beach Airport is in the public interest and that this resolution promotes and enhances the cconomic development and the welfare of Okaloosa County's citizens; and WHEREAS, the requested conveyance would be in the interest of both the United States of America and Okaloosa County by allowing the conveyed land to be utilized for airport purposes without cost, thereby making the Airport more cost competitive and therefore enabling the Resolution - Page 2 of 3 Airport to retain and attract additional commercial service benefitting both the citizens of Okaloosa County and the military mission at Eglin; the conveyance thus being an innovative community partnership strategy to enhance the operation of Eglin while reducing operational cost of the host community, Okaloosa County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: 1. That the Chairman of Board of Commissioners is hereby authorized, on behalf of Okaloosa County, to formally request the U.S. Secretary of Transportation to request the Department of the Air Force to convey a fee simple property interest to Okaloosa County of approximately 130.83 acres of U.S. Government land for continued use, development and operation of the Destin-Fort Walton Beach Airport, pursuant to section 47125(a) of the United States Code. That the Okaloosa County Department of Aitports Director, together with County staff and consultants, are hereby authorized and directed to prepare said formal request, including all necessary documentation and justifications therefore, on behalf of the Chairman and the Board of Commissioners, and they are further authorized to attend such meetings with representatives of the Department of Air Force and Department of Transportation and prepare such additional documentation and perform such additional tasks as may be necessary or appropriate to effectuate such conveyance. DULY ADOPTED this day of July, 2015, BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA NATHAN D. BOYLES Chairman ATTEST: I D PEACOCK, II Clerk and Comptroller Resolution - Page 3 of 3