Muskegon County Airport Airport Advisory Committee

Tuesday, August 1, 2017 12:00 Noon Airport Terminal Lake Michigan Room

Agenda

1. Call to Order

2. Approval of Minutes – July 11, 2017

3. Informational Items

a. Airport Manager’s Report – August 2017

4. Action Items

5. Old Business

6. New Business

7. Adjournment

Airport Advisory Committee Members David Pickard (Public) – Term Exp. 12/31/17 Terry Boer (Business Park) – Term Exp. 12/31/18 Brandon Popps (Private) – Term Exp. 12/31/18 Anthony Chandler (Norton Shores) – Term Exp. 12/31/17 Robert Scolnik (Commissioner) – Term Exp. 12/31/18 Rich Houtteman (Private) – Term Exp. 12/31/17 Rillastine Wilkins (Commissioner) – Term by Virtue of Office Kenneth Mahoney (Commissioner) – Term Exp. 12/31/18 Vacant (Chamber) – Term Exp. 12/31/17 David Kendall (Public) – Term Exp. 12/31/19 Vacant (Business Park)

Muskegon County Airport 99 Sinclair Drive Muskegon, MI 49441 231-798-4596

Muskegon County Airport Airport Advisory Committee

Lake Michigan Room JULY 11, 2017 Muskegon County Airport CALL TO ORDER The Airport Advisory Committee meeting was called to order at 12:02 pm by Bob Lukens. Present: Terry Boer, Anthony Chandler, Dave Kendall, Ken Mahoney Excused: Rich Houtteman, David Pickard, Brandon Popps, Bob Scolnik, Rillastine Wilkins Staff: Rita Bierman, Bob Lukens, Jeff Tripp Guests: Dakota Mitchell, SkyWest Airlines, James Perri, SkyWest Airlines APPROVAL OF MINUTES A motion was made by Chandler and supported by Commissioner Mahoney to approve the Minutes of June 6, 2017, as written. Motion Carried. INFORMATIONAL ITEMS The Airport Manager’s Report for June was included in the packets distributed to the Committee prior to the meeting. The various activities and projects were discussed. The Airport Manager introduced Dave Kendall as a new Committee member. Members introduced themselves to Dave. James Perri from SkyWest indicated that passenger totals July 2017 should be higher than July 2016. The current Essential Air Service contract between the U.S. DOT and SkyWest Airlines is effective through January 1, 2018. The DOT will be issuing a request for proposals later this summer for the next 2-year EAS contract period. The July Sun Country Airlines Charter is sold out. The Airport Manager said the Electric Forest event brought full flights to SkyWest Airlines and the terminal was packed with people. The Committee discussed exploring MATS bus transports in the future for event attendees.

Airport Advisory Committee June 6, 2017

H:\Airport Advisory Committee\Minutes\2017\Minutes 071117.docx 

The Airport is working to finalize the contract with C & S Engineering for the design phase of the Runway 6/24 Pavement and Lighting Rehabilitation project. The Airport is working with a student intern to produce a marketing video for the Airport. The project should be completed by the end of the month. The terminal air conditioning system design is underway and the system will be replaced later this fall. The Airport’s annual FAA Airport Certification Inspection was performed June 6-8 and went well. The Airport Manager discussed the County’s 5-Year Financial Forecast with Committee members. ACTION ITEMS None. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT There being no further business to come before the Airport Advisory Committee, the meeting adjourned at 12:57 pm.

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AIRPORT MANAGER’S REPORT August 1, 2017

1. Airline/Charter Operations Report – June 2017

The air service operations reports for June are included as Attachments 1, 2 and 3. In June, SkyWest Airlines enplaned 1,466

revenue passengers (including 91 non-revenue) and deplaned 1,682 revenue passengers (including 80 non-revenue) for a

total passenger count of 3,319. This equated to an enplanement passenger load factor of 55.32%.

The total number of passengers flying United Airlines was 3,636 for the month of June 2017 compared to 3,686 during June

2016. The July numbers are looking strong and the August reservations are shaping up to be a record setting month since

the start of EAS service. Calendar year to date, the total number of airline passengers is 16,027 (with 849 classified as non-

revenue) split between 7,986 enplanements and 8,041 deplanements.

There was no Sun Country charter flight in June. General Aviation accounted for an additional 67 enplanements and 62

deplanements.

2. Air Service & Charter Programs

A. Essential Air Service Contract

The current Essential Air Service contract between the U.S. DOT and SkyWest Airlines is effective through January 31,

2018. The DOT will be issuing the request for proposals any day now for the next 2-year EAS contract period of

February 1, 2018 through January 31, 2020. The following is a condensed overview of the EAS Program (BOLD added

by the Airport). The EAS website contains more detailed information.

Overview

The Airline Deregulation Act, passed in 1978, gave air carriers almost total freedom to determine which markets to

serve domestically and what fares to charge for that service. The Essential Air Service (EAS) program was put into

place to guarantee small communities that were served by certificated air carriers before airline deregulation maintain

a minimal level of scheduled air service. The U.S. Department of Transportation (DOT) is mandated to provide eligible

EAS communities with access to the National Air Transportation System. This is generally accomplished by subsidizing

two round trips a day with 30- to 50-seat aircraft, or additional frequencies with aircraft with 9-seat or fewer, usually to

a large- or medium-hub airport. DOT currently subsidizes service to approximately 60 communities in Alaska and 115

communities in the lower 48 contiguous states that otherwise would not receive scheduled air service.

Community Eligibility

The Department of Transportation and Related Agencies Appropriations Act, 2000, prohibits the DOT from subsidizing

EAS to communities located within the 48 contiguous States receiving per passenger subsidy amounts exceeding

$200, unless the communities are located more than 210 miles from the nearest large- or medium-hub airport. MKG’s

per passenger subsidy in 2016 was $54.

The Consolidated and Further Appropriations Act, 2015, Public Law No. 113-235 states, “That none of the funds in this

Act or any other Act shall be used to enter into a new contract with a community located less than 40 miles from the

nearest small-hub airport before the Secretary has negotiated with the community over a local cost share.” Therefore,

the DOT is required to negotiate a local cost share with communities located less than 40 miles from a small-hub. MKG

is 49 miles from Grand Rapids (GRR) which is classified as a small-hub airport. The FAA definition of a small hub

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airport is one with a Percentage of Annual Passenger Boardings at least 0.05% but less than 0.25% of total enplanements

for all commercial service airports.

Instructions for Air Carriers Interested in Providing EAS

When selecting carriers to provide EAS, the DOT generally establishes two-year contracts, however, four-year

contracts are increasingly common. This allows for the competitive bidding process to keep subsidy costs in check and

to give communities and the DOT opportunities to switch air carriers if appropriate. Four-year contracts, proposed by

a carrier that has a history of providing reliable EAS at a community and supported by that community provide more

certainty for communities and carriers, as well as provide more stability for annual subsidy costs for the DOT.

The DOT issues a Request for Proposals (RFP) approximately 6 to 9 months prior to the expiration of the current

contract to all air carriers holding scheduled authority and institutes a carrier-selection proceeding. Air carriers submit

service and subsidy proposals in response to the DOT’s RFPs via email. Those RFPs advise the applicants that their

proposals should be submitted on a sealed bid, “best and final” basis, and set forth the level of service -- frequency,

aircraft size, and hubs -- that would be appropriate for the community given its location and traffic history.

Selection Process

After DOT receives proposals, the DOT formally solicits the views of the communities as to which carrier and option

they prefer. After receiving the communities’ views, the DOT is directed by 49 U.S.C. § 41733(c)(1) to consider five

factors when making a carrier selection not in Alaska:

(1) the demonstrated reliability of the applicant in providing scheduled air service;

(2) the contractual and marking arrangements the applicant has made with a large carrier to ensure service

beyond the hub airport;

(3) the interline agreements that the applicant has made with larger carriers to allow passengers and cargo of the

applicant at the hub airport to be transported by the larger carrier(s) through one reservation, ticket, and

baggage check in;

(4) the preferences of the actual and potential users of air transportation at the eligible place, giving substantial

weight to the views of the elected officials representing the users of the service; and

(5) whether the air carrier has included a plan in its proposal to market its service to the community.

After all of the above applicable factors have been considered, DOT issues a decision designating the successful air

carrier and specifying the specific service pattern (routing, frequency and aircraft type), subsidy rate, and effective

period of the rate. It is possible to change the terms of the contract during the contract period if the carrier and

community agree and the carrier agrees to the same or lower subsidy rate.

B. Casino Flight

Laughlin, NV - Sun Country Airlines. The July flight sold out; the September flight is already sold out.

3. Airport Capital Improvement Program / Grant Program

A. The Airport Manager met with our new FAA Program Manager on July 24. Our previous Program Manager retired

June 30. The County has executed the Runway 6/24 Pavement & Lighting Rehabilitation design contract with C&S

Engineers ($235,399) and is waiting for receipt of the FAA and MDOT grants.

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4. Economic Development

A. Airport Restaurant – No additional interest in starting operations. Staff is continuing to reach out to non-traditional

parties to generate interest. Greek Tony’s Pizza is providing delivery service to the terminal.

5. Airport Public Relations, Marketing & Advertising

A. Air Service Marketing Video. The air service marketing video will be finalized by August 1 and added to the airport

webpage, Facebook, and Twitter accounts. Staff will try to have uploaded prior to the advisory committee meeting.

B. Advertising. The Airport will be meeting with the marketing manager for KL Outdoor on August 10 to see about

displaying a kayak as part of KL’s marketing efforts. The Airport is continuing to seek additional advertisers for the

terminal area.

6. Airport Administration, Operations, and Maintenance Programs

A. Terminal Air Conditioning System. The deadline for submission of proposals to replace the terminal AC system is

Thursday, July 28. The proposals will be evaluated by C&S Engineers with the intent to take the recommendation for

award of contract to the Board on August 22.

Airport staff has installed white tarps under all of the skylights in the terminal to help provide some temporary relief

from direct sunlight and reduce the amount of heat generated. This installation is providing an approximate 10 degree

reduction in temperature and cost less than $300 for purchase of material plus staff time and resources to install.

Staff is working to determine a general cost estimate for future upgrades of the skylight windows to add window

tinting to reduce direct sunlight and heat generation to compliment the new AC system.

B. Airport Security Program – Law Enforcement Officer (LEO) service. The airport is required to have a LEO present at

the terminal screening checkpoint during passenger screening operations. Since 2013, this has been provided by the

Sheriff’s Department. Unfortunately, the Sheriff’s Department does not have sufficient resources to adequately

cover the LEO responsibilities and the response times are near the limit with current coverage.

The Airport had discussions with the Muskegon County Sheriff’s Office, County Administration, and the Norton Shores

Police Department for Norton Shores to once again provide LEO services. Norton Shores PD is planning to hire an

additional Community Resource Officer and funding for that officer would be a split between the school district and

the Airport. This new position will guarantee coverage at MKG during passenger flights.

The contract is being taken before the Norton Shores City Council on August 15 and the County Board on August 22

with a start date of October 1. The new contract will be for a five-year period. (Attachment 4)

C. Airport T-Hangar Storage Agreement. The Airport has completed the review process for the updated agreement

(provided in the June packet). No comments were received by the July 9 deadline. The agreement will be taken to the

Board for approval on August 22 with an effective start date of October 1.

D. Airport Lease Policy. The Airport has completed the review process for the Airport Lease Policy (provided in the June

packet). No comments were received by the July 9 deadline. The agreement will be taken to the Board for approval

on August 22.

E. Airport Zoning Board and Appeals Board

The State of Michigan has taken a proactive approach to providing safe and reasonable methods for assuring proper

zoning for the areas surrounding airports. Incompatible land uses adjacent to airport lands may significantly impede

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the airport. The State has legislated authority to Counties, Townships, Cities, and Villages to regulate land use through

zoning ordinances on land within their jurisdiction.

The Airport Zoning Act of 1953 enables public airport sponsors to establish Airport Zoning Boards (in MKG’s case a Joint

Airport Zoning Board with Ottawa County was established) to regulate through zoning height and land uses within the

airport hazard area as established by the Michigan Aeronautics Commission (MAC) and the County. Michigan’s Tall

Structure Act provides for additional airspace protection by establishing standards of height which must be met prior

to permitting proposed structures.

The Airport Zoning Act empowers and directs the MAC to adopt airport approach plans for publicly owned airports; to

empower the MAC, municipalities, and other political subdivisions to promulgate, adopt, establish, administer, and

enforce airport zoning regulations limiting the height of structures and objects of natural growth, and otherwise

regulating the use of property in the vicinity of publicly owned airports, and to acquire, by purchase, grant,

condemnation, or otherwise, air rights and other interests in land; to provide for the establishment of zoning

commissions, administrative agencies, and boards of appeals to administer the provisions of this act, and to provide

for their organization and procedure and appeals therefrom; and to provide penalties and remedies for violations of

this act or ordinances or regulations made under the authority herein conferred; to provide for reciprocity with

adjoining states maintaining and operating airports; and to repeal any inconsistent act or parts of acts.

An Ordinance Establishing Airport Zoning Regulations for MKG was adopted in 1955, subsequently amended in 1975,

restricting the height of structures and otherwise regulating the use of property in the vicinity of the Airport; providing

for the allowance of variances from such regulations; designating the administrative agency charged with the

administration and enforcement of such regulations; establishing a joint airport zoning board of appeals; and

providing for enforcement and imposing penalties for violation of this ordinance.

The Joint Muskegon County Airport Zoning Board is composed of representatives appointed by the Board of

Commissioners of Muskegon and Ottawa Counties and the State Aeronautics Commission. Sometime in the past this

joint board ceased to function. The Airport must work with the County Board of Commissioners for Muskegon and

Ottawa Counties to reconstitute this joint board and the board of appeals. Verizon has a current request in to the

Airport for a permit to allow the installation of 199-foot antennae approximately 3 miles south of the field. The

tower’s height exceeds the maximum allowable height for that particular area by 37 feet.

7. Airport Budget & Fiscal Programs

A. FY18 Budget. The Airport is waiting for final approval of the FY18 budget and is continuing to explore opportunities to

reduce expenditures and increase revenues to help minimize the impact of the loss of the general fund subsidy.

8. Federal & State Legislative Issues

A. Michigan Airport Commission. On July 17, the MAC provided the attached letter to the Senate and Congressional leadership and the Michigan Congressional delegation to request support for preserving the Essential Air Service program. (Attachment 5)

9. Action Items

The Airport is planning to bring the following items to the Transportation Board and Board of Commissioners in August:

Approve the award of contract to install the replacement terminal AC system (Attachment 6)

Approve the implementation of the revised T-Hangar Storage Agreement (Attachment 7)

Approve the adoption and implementation of the Airport Lease Policy (Attachment 8)

Approve the Agreement for Law Enforcement Services between the County and the City of Norton Shores and a

Statement of Joint Objectives (SOJO) between the County and TSA. (Attachment 9)

Avail Comm Load Vs. Air Carrier/ General Vs. Vs.Seats Pass Factor Enplaned Deplaned Total CY2016 Charter Aviation Military Total CY2016 Pounds CY2016

JANUARY 4706 2048 44% 1185 948 2133 -14% 134 892 0 1026 -17% 756 -39%

FEBRUARY 5258 2333 44% 1337 1098 2435 -1% 166 1577 6 1749 29% 840 -13%

MARCH 5758 3069 53% 1582 1609 3191 7% 188 1476 7 1671 -12% 6000 2300%

APRIL 5710 3012 53% 1441 1660 3101 -1% 160 1976 46 2182 11% 882 -49%

MAY 6012 3490 58% 1778 1858 3636 28% 212 2589 76 2877 5% 13791 1226%

JUNE 5300 3319 63% 1624 1824 3448 -16% 163 2818 203 3184 20% 1178 -95%

JULY

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER

YTD TOTALS 32744 17271 53% 8947 8997 17944 0% 1023 11328 338 12689 7% 23447 -15%

Muskegon County AirportOperations Report

Calendar Year 2017

PASSENGER ACTIVITY AIRCRAFT OPERATIONS CARGO

H:\Homan\Excel\Airport\Reports\Ops Report\2017\Ops Reports, Calendar Year 2017, 7/7/2017

3686

3986

4083

2978

2710

2353

2944

1742

2175

2911

2702

3178 3319

318 312

0

310 316 318

0

306 316

0

310 312

0

0

500

1000

1500

2000

2500

3000

3500

4000

4500

# o

f P

as

se

ng

ers

Month

Muskegon County Airport Passenger Activity

United

Sun Country07/07/17

SCH CAN PER

June 2016 56 1 98%

July 2016 57 1 98%

August 2016 58 4 93%

September 2016 56 1 98%

October 2016 57 0 100%

November 2016 55 1 98%

December 2016 56 8 86%

January 2017 58 14 76%

February 2017 52 1 98%

March 2017 59 3 95%

April 2017 55 1 98%

May 2017 58 1 98%

June 2017 56 3 95%

Total 733 39 95%

SCH = Scheduled Flights

CAN = Cancelled Flights (Weather and Other)

PER = Percentage of Scheduled Flights Flown

Source: Monthly Airline Station Reports

AIRLINE PERFORMANCE

13-Month Period

May 2016 through May 2017

UNITED

H:\Homan\Excel\Airport\Reports\Airline Performance, 7/7/2017

AGREEMENT FOR AIRPORT LAW ENFORCEMENT SERVICES This Agreement, made and entered into by and between the City of Norton Shores, a municipal corporation of the State of Michigan, (hereinafter referred to as the “City”) and the

County of Muskegon, a municipal corporation of the State of Michigan, (hereinafter referred to

as the “County”);

WITNESSETH:

WHEREAS, the County owns and operates the Muskegon County Airport (hereinafter

referred to as “Airport”), situated in Muskegon County, Michigan, and

WHEREAS, the County, as airport operator, is charged under Transportation Security

Administration Regulation Part 1542 with adopting and implementing an approved airport security program at the Airport, and

WHEREAS, the City of Norton Shores maintains and operates a police department and

is willing, under the terms of this agreement, to extend law enforcement services to the Airport.

It is understood by all parties that officers are employees of the City of Norton Shores, and

WHEREAS, the purpose of this agreement is to facilitate a clear understanding of roles,

duties, and responsibilities. This contract is full recognition that the Agreement is a living

document allowing for program evolution to provide the City and County variances to address

needs and future changes. The contract is set forth to provide universal clarification of

expectations, to minimize confusion, and to provide consistency between officers and airport administrators.

NOW, THEREFORE, IT IS AGREED:

1. The City promises and agrees to:

A. Meet applicable requirements of the TSA Law Enforcement Officer Program

Statement of Joint Objectives included as Attachment 1 and the requirements for

law enforcement support contained in the approved Airport Security Plan.

Provide Law Enforcement Officers (“LEO”) at the terminal security checkpoint during screening operations for a total of two (2) hours per day Sunday through

Friday and an hour (1) on Saturday. During such times, the LEO will conduct

patrols of the terminal building including the ticketing, baggage claim, and

boarding areas.

B. At all other times, dispatch LEO to the Airport as required by the Airport Security

Program via an alarm system or other means.

C. Respond to Criminal Complaints and appear in court for prosecution of offenders.

D. Be present at the Airport for special events, and provide other services as may be jointly agreed to from time to time by the City and the Airport. This service will be

provided with actual costs reimbursed to the City of Norton Shores.

2. The County promises and agrees to:

A. Assume total responsibility for all costs as follows:

(1) Installation and maintenance cost of any alarm system in the boarding area

or at other places;

(2) Reimburse the City for approved actual hourly law enforcement officer costs

incurred by the City in providing law enforcement services as described in

Section 1. Reimbursement to the City shall be made within thirty (30) days of the billing date.

(3) Reimburse the City for any mutually-agreed upon in-service or specialized

training program for law enforcement personnel providing law enforcement

services at the Airport as required by the Airport Security Program.

(4) Reimburse the City for costs associated with mutually-agreed upon

Emergency Planning, Mock Exercises, and Table Top Exercises.

3. It is mutually agreed that:

A. This agreement shall become effective on October 1, 2017, and shall terminate

September 30, 2022, unless renewed under the provisions of this agreement.

Estimated cost for each succeeding fiscal year shall be presented to the County by

the City prior to the beginning of the new fiscal year. The City will bill the County

monthly for services rendered, and the County shall pay the bill within thirty (30)

days of receipt of same for approved costs under the TSA Reimbursable Agreement.

B. Rights and duties which accrue pursuant to this agreement may not be

transferred without approval of the parties. Any change in security requirements

by the Transportation Security Administration which would necessitate an agreement to comply with any new requirements of Transportation Security

Administration shall terminate this agreement until such time as parties shall

agree to accept such requirements.

C. Each party will hold the other harmless from any and all liability arising from the

conduct of its agents under this agreement. Each party will name the other as an additional insured on its general liability and umbrella liability policies for actions

or occurrences which may result in the performance of this agreement.

D. County or City of Norton Shores may terminate this Agreement with thirty (30)

days prior notice if a change in air service or TSA Reimbursable Agreement terms warrants such a termination.

E. This agreement may be renewed by mutual agreement of the parties for additional

five-year periods. Notice of intention to renew or not to renew shall be given by

both parties ninety (90) days prior to the expiration of the agreement.

CITY OF NORTON SHORES COUNTY OF MUSKEGON

By Its Mayor: By Its Chairman:

By Its City Clerk: By Its County Clerk

Date of Execution: Date of Execution:

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FOR OFFICIAL USE ONLY

TRANSPORTATION SECURITY ADMINISTRATION LAW ENFORCEMENT OFFICER PROGRAM

STATEMENT OF JOINT OBJECTIVES CALENDAR YEARS 2017 – 2022

Attachment 1 This document defines the responsibilities and conditions that the Muskegon County Airport, MKG (hereinafter referred to as the “Participant”) agrees to as part of the Transportation Security Administration (TSA) Airport Law Enforcement Personnel Reimbursement Program, (hereafter referred to as the “Program.”) This document also defines the responsibilities and participation of the TSA. Nothing in this Agreement diminishes, eliminates, or otherwise affects the Participant’s obligation to adhere to regulatory and other mandated requirements. The authority to enter into this agreement is granted by 49 U.S.C. §§ 106(I) and 114(m), as well as 49 U.S.C. § 114(m). TSA has programmatic authority for the activities undertaken in this Agreement pursuant to 49 U.S.C. §§ 44901(h), 44903(c) and 44922(f), along with 49 C.F.R. §§ 1542.215 and 1544.103. The effective date of the Agreement will be the date of signature by the TSA Contracting Officer. This Statement of Joint Objectives (SOJO)/Attachment 1 can and should be modified as appropriate to adequately support operational requirements. However, in order for any such modification to be effective, it must be signed by both the Participant and an authorized TSA official. Any modification affecting the funding of this Agreement requires the specific written authorization of the TSA Contracting Officer. The Participant agrees to provide qualified law enforcement services on-site at the Muskegon County Airport (MKG) during TSA screening checkpoint operating hours, and to provide law enforcement support to the passenger-screening checkpoints in keeping with requirements provided by TSA in accordance with the current Security Directive 1542-01-07 (series), regulations, and authorities regarding law enforcement services. Both the Participant and TSA recognize that there is a broad range of activities that Law Enforcement Officers (LEOs) engage in at the nation’s airports, many of which are outside the scope of the Agreement. Funding provided under this Agreement is intended to support a highly visible LEO presence through on-site flexible, fixed, or a combination of the two (hybrid)1 LEO support of the TSA screening checkpoints (as determined by the TSA Federal Security Director (FSD), in consultation with the Participant). The FSD, in consultation with the Participant, may direct a change in how the checkpoint is stationed as necessary based on changes in threat levels, surges, seasonality, and/or other circumstances. Regardless of their position or title, any individual who provides law enforcement support as outlines in this Agreement must possess all of the qualifications of a LEO set forth at 49 C.F.R. § 1542.217, while on duty at the airport. The TSA will provide partial reimbursement for on-site support of TSA screening activities pursuant to the terms of this Agreement. At a minimum the Participant will ensure that the Law Enforcement (LE) service provider will:

Support TSA’s screening operations, including dealing with attempts to bring prohibited items through the checkpoint, disorderly persona and similar tasks.

Follow an established LE response standard which is mutually acceptable to the FSD, Participant and LE service provider.

1 Refer to LEO Reimbursement Terminology (Attachment 2) for definitions of these terms.

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In addition, the FSD and the Participant will determine, where appropriate, the level of participation in TSA’s Layered Security Programs, such as Playbook, Table Top exercises, Breach Drills, and Joint Vulnerability Assessments (JVAs).

Payment is subject to the availability of appropriated funds and compliance with the requirements of the applicable Security Directive(s), regulations, the Airport Security Program (ASP), and other authorities regarding LE services as noted above. Should the Participant fail to comply with the provisions outlined in this Agreement, it may face full or partial forfeiture of payment and/or sanctions up to removal from the Program. The Participant will be given up to 60 days to take corrective action(s) and rectify any identified compliance issue(s).

TRANSPORTATION SECURITY ADMINISTRATION RESPONSIBILITIES 1. Based on the availability of funds, TSA will provide partial reimbursement to the Participant

to offset the cost to carry out Aviation LE responsibilities in support of TSA passenger checkpoint screening and other agreed-upon activities.

The TSA will provide partial reimbursement of the actual/direct costs of “fully burdened” Patrol Officers or equivalent salaries, up to the established “not-to-exceed” (NTE) ceiling.

Fully Burdened Rate includes: - Base salary - Social Security - 401(k)/403(b)/457 plans - Disability Insurance - Health care benefits - Pension - Life Insurance

TSA will NOT cover overhead, overtime rates, or administrative costs.

2. TSA will process Participant monthly invoices promptly after obtaining FSD signature

certifying that work was performed in accordance with the Agreement. 3. TSA will notify the Participant, promptly and in writing, of any changes in the points of

contact for invoicing or other issue involving this Agreement. 4. TSA will provide on an as needed basis, as determined by the FSD or other TSA

representative, training/briefings on relevant security and LE topics. 5. The FSD and/or FSD designee will notify the Program of any operational changes that will

impact eligible reimbursement activities during TSA checkpoint hours of operation. PARTICIPANT RESPONSIBILITIES IN SUPPORT OF TSA PASSENGER CHECKPOINT SCREENING AND OTHER AGREED-UPON ACTIVITIES: 1. The Participant agrees to maintain a law enforcement presence and support that is

adequate to support each system for screening persons and accessible property. This law enforcement presence provides for the safety and security of persons and property against an act of criminal violence or aircraft piracy, and assists in preventing the introduction of TSA prohibited items.

2. The FSD, in consultation with the Participant, has determined that on-site Flexible stationing

is appropriate. Participant agrees to maintain, on a reimbursable basis, one LEO to provide

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visible Law enforcement presence in the vicinity of the screening checkpoint(s) during the hours of checkpoint operations each day.2

This requirement is subject to change in accordance with the terms outlined in Paragraph #4 on page 1.

3. The Participant will provide monthly invoices to the FSD and to the Contracting Officer’s Representative in the format provided by the LEO Reimbursement Program Office, detailing the number of hours of LE services provided, the actual hourly rate, and the total amount requested for reimbursement. Monthly invoicing consists of services provided from the first day of the month to the last day of the month.

4. Invoices must be submitted to the FSD no later than 45 days after the end of the invoiced

period of performance. 5. The Participant will notify the FSD, promptly in writing, of any changes to the points of

contact for this Agreement or in the law enforcement agency providing the LE services. 6. The Participant will notify the FSD and LEO Reimbursement Program Office, promptly in

writing, if for any reason the Participant desires to terminate participation in the Program. Resolution of specific details on outstanding issues will be accomplished on a case-by-case basis.

7. The participant shall coordinate all media releases and other contact with or by media on the

terms and conditions of this Agreement with the FSD. 8. The Participant shall assist in the verification of LEO credentials as requested by the FSD or

other TSA representative. 9. In accordance with Federal, State, and Local statutes, the Participant will promptly furnish

on request to any authorized TSA representative incident reports, police reports, and other information dealing with Aviation Security and/or each law enforcement response to transportation security incidents at the airport and in connection with TSA administrative inquiries.

10. The Participant will notify the Program of any operational changes that will impact eligible

reimbursement activities during TSA checkpoint hours of operations. 11. Required PARAGRAPH TO BE COMPLETED BY THE FSD, IN CONSULTATION WITH

THE PARTICIPANT: Describe any specific LEO support to be provided under this Agreement that is not included elsewhere in the SOJO which supports TSA screening activities. Such support, based on the specific characteristics and security requirements of the airport, could include but is not limited to:

a. Leo patrol of a particular area. b. Unique assistance to local TSA.

Note that such additional activities should only include those which are being performed during periods of TSA screening operations, and do not interfere with the LEIO’s ability to provide immediate response to incidents at the screening checkpoints.

2 If utilizing Flexible Stationing or Hybrid Stationing, Participant must provide a separate document, password-protected, outlining

specific LE response time to non-emergency/routine TSA calls for assistance. Please note that response times in excess of 5 minutes are unacceptable. Additionally, a separate document shall be attached to the SOJO describing, graphically and/or in writing, the area of the airport comprising the “vicinity of the checkpoint.”

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ATTACHMENTS The TSA may provide administrative and informational updates to the attachments (i.e., updates to the HQ Program Staff listing) without re-issuance of this Agreement. Any new attachment(s) or significant changes to the current attachments will be accomplished through written modifications as provided in the Terms and Conditions of the Agreement.

PROTECTION OF INFORMATION

The parties agree that they shall take appropriate measures to protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement, including Security Sensitive Information (SSI).

Participant Signature, Authorizing Official Date

Typed Name Title

Federal Security Director (or designee) Date

Typed Name Title

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE TRANSPORTATION

BUDGETED NON-BUDGETED PARTIALLY BUDGETED

REQUESTING DEPARTMENT

AIRPORT

COMMITTEE DATE

08/17/17

REQUESTOR SIGNATURE

ROBERT LUKENS SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The Airport’s air conditioning unit, which was installed in 1994, failed completely in late May and a temporary portable system is currently being rented to provide cooling for the building. The Airport’s engineering firm, C&S Engineers, worked with the County Public Works Department to develop specifications for a new system. The County has solicited design/build proposals from West Michigan HVAC contractors for a new system. C&S Engineers has reviewed the proposals to provide an unbiased opinion to the County on the preferred vendor taking into account cost, time to install, efficiency, durability, and anticipated operation & maintenance costs of proposed equipment package over its life. Eligibility for energy company rebates was also considered. Cost for the project will be paid from the Airport cash balance. Staff recommends award of contract to _______________ in the amount of $______________for the installation of the airport terminal’s replacement air conditioning system.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to award contract to _____________ in the amount of $__________________for the installation of the replacement air conditioning system for the Airport Terminal.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

FINANCE & MANAGEMENT ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

ADMINISTRATOR RECOMMENDATION:

If motion originates from a Statutory Board, Authority or Advisory Committee, please provide the date the motion was approved by that Board/Authority/Committee

AGENDA DATE:

08/17/17

AGENDA NO.:

TR17/08-XX

BOARD DATE:

08/22/17

PAGE NO.

Revised 7/25/17

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE TRANSPORTATION

BUDGETED NON-BUDGETED PARTIALLY BUDGETED

REQUESTING DEPARTMENT

AIRPORT

COMMITTEE DATE

08/22/17

REQUESTOR SIGNATURE

ROBERT LUKENS SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The Airport is requesting Board approval of an updated Airport T-Hangar Lease Agreement. The Airport owns and operates forty-four (44) non-commercial aircraft storage hangars. On June 15, 2016, the FAA published notice of final policy on the non-aeronautical use of airport hangars to become effective July 1, 2017. The agency issued the policy to clarify how aviation facilities, including hangars, can be used on airports that receive federal funds. The final policy attempts to strike a balance between hangar use for aviation and non-aviation purposes. This action clarifies the FAA's policy regarding storage of non-aeronautical items in airport facilities designated

for aeronautical use. Under Federal law, airport operators that have accepted federal grants and/or those that

have obligations contained in property deeds for property transferred under various Federal laws generally may

use airport property only for aviation-related purposes unless otherwise approved by the FAA.

The Airport has drafted this Agreement update, due in part to the new FAA Policy on Use of Airport Hangars.

Another important modification, to reduce staff time needed to administer the agreements, is changing from an

annual agreement to a month-to-month agreement which automatically renews until 30-day notice of

cancellation is provided.

The draft was provided to MDOT Aeronautics for review and input and staff provided the draft document for

public comment to all t-hangar tenants. No comments were received by the July 9 deadline. Pending Board

approval, the Airport will implement the revised agreement effective date of October 1.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to approve the revised Aircraft T-Hangar Storage Agreement with an effective date of October 1, 2017.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

FINANCE & MANAGEMENT ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

ADMINISTRATOR RECOMMENDATION:

If motion originates from a Statutory Board, Authority or Advisory Committee, please provide the date the motion was approved by that Board/Authority/Committee

AGENDA DATE:

08/17/17

AGENDA NO.:

TR17/08-XX

BOARD DATE:

08/22/17

PAGE NO.

Revised 7/25/17

08/01/17

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE TRANSPORTATION

BUDGETED NON-BUDGETED PARTIALLY BUDGETED

REQUESTING DEPARTMENT

AIRPORT

COMMITTEE DATE

08/22/17

REQUESTOR SIGNATURE

ROBERT LUKENS SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The Airport has drafted an airport lease policy titled “A Policy To Govern Agreements Involving The Use Or Disposition Of Airport Property For Aeronautical Activities” to establish a standardized system and process for leasing property and constructing improvements at the Airport; none currently exists. As an Airport Sponsor and recipient of Federal Aviation Administration Airport Improvement Program grants, the County is obligated to operate the Airport for the use and benefit of the public and to make it available to all types, kinds, and classes of aeronautical activities on fair and reasonable terms and conditions without unjust discrimination. In furtherance of this objective, the lease policy will encourage the establishment of businesses offering general aviation services at the Airport based on the following principles:

Preservation of the County’s investment in the Airport and its resources; Facilitation of orderly and equitable management of the Airport; Ensure the provision of high-quality services and consistent quality of facilities at the Airport;

Providing equitable and uniform treatment of all Operators, Lessees, and Users; Ensure compliance with applicable laws, regulations, executive orders, policies, guidelines, and

requirements as they relate to the application and acceptance of Federal Funds; Enable conformity with the approved Airport Master Plan, Strategic Plans, and Airport Layout Plan; Make the Airport available for public use on reasonable terms without unjust discrimination; Assist in maintaining a fee and rental structure with the goal of financial self-sustainability to the greatest

extent possible for the Airport; and Allow for economic development and job creation.

This Policy has been reviewed by MDOT Aeronautics with several minor comments received. The draft policy was originally provided to the Airport Advisory Committee in November 2016. In addition, the Airport provided the document directly to all airport tenants for review and comment. No comments were received by the July 9 deadline.

Therefore, the Airport is requesting Board approval to implement the Policy, with modified changes if requested by the Board, as appropriate. SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to approve the Airport Lease Policy titled “A Policy To Govern Agreements Involving The Use Or Disposition Of Airport Property For Aeronautical Activities”.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

FINANCE & MANAGEMENT ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

ADMINISTRATOR RECOMMENDATION:

If motion originates from a Statutory Board, Authority or Advisory Committee, please provide the date the motion was approved by that Board/Authority/Committee

AGENDA DATE:

08/17/17

AGENDA NO.:

TR17/08-XX

BOARD DATE:

08/22/17

PAGE NO.

Revised 7/25/17

08/01/17

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE TRANSPORTATION

BUDGETED NON-BUDGETED PARTIALLY BUDGETED

REQUESTING DEPARTMENT

AIRPORT

COMMITTEE DATE

08/22/17

REQUESTOR SIGNATURE

ROBERT LUKENS SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES) The Airport is required to provide Law Enforcement Officer (LEO) presence at the terminal security checkpoint during

passenger screening operations. Since 2013, this has been provided by the Sheriff’s Department. Unfortunately, the

Sheriff’s Department does not have sufficient staff to adequately cover the LEO responsibilities and the response times are

near the limit with current coverage.

The Airport has had discussions with the Muskegon County Sheriff’s Office, County Administration, and the Norton Shores

Police Department for Norton Shores to once again provide LEO services. Norton Shores PD is planning to hire an

additional Community Resource Officer and funding for that officer would be a split between the school district and the

Airport. This new position will guarantee coverage at MKG during passenger flights.

The County will pay Norton Shores for the LEO services, and the County is then reimbursed by the Transportation Security

Administration (TSA), up to $21,900 per year, through a Reimbursement Agreement between the County and TSA. The

reimbursement agreement will be modified to extend through September 30, 2022. The TSA requests execution of the

attached Statement of Joint Objectives (SOJO), a document that outlines the responsibilities of each party. The SOJO is a

standard TSA document and is required to obtain reimbursement from the TSA.

The contract is being taken before the Norton Shores City Council on August 15 with a start date of October 1 subject to

approval by the Board and concurrence of the TSA.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to approve the Agreement for Airport Law Enforcement Services between the County and the City of Norton Shores

for law enforcement officer services at the airport terminal security checkpoint and to approve the Statement of Joint Objectives (SOJO) between the County and TSA for a reimbursable agreement to cover partial costs of LEO services up to

$21,900 annually.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

FINANCE & MANAGEMENT ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

ADMINISTRATOR RECOMMENDATION:

If motion originates from a Statutory Board, Authority or Advisory Committee, please provide the date the motion was approved by that Board/Authority/Committee

AGENDA DATE:

08/17/17

AGENDA NO.:

TR17/08-XX

BOARD DATE:

08/22/17

PAGE NO.

08/01/17

Revised 7/25/17