11/10/2009

Meeting Minutes for:
Monthly Board Meeting
Yuma International Airport, Conference Room
Tuesday, November 10, 2009 at 04:00 PM

Call to Order:
Meeting Minutes for:
Regular Board of Directors Meeting for November 2009

The Yuma County Airport Authority, Inc. (YCAA) Regular Board of the Board of Directors was called to order at 4:00 PM on Nov 10, 2009 in the Yuma International Airport Conference Room, 2191 E. 32nd Street, Suite 218, Yuma, Arizona 85365. The Presiding officer was Karl Moedl, President.

YCAA MEMBERS PRESENT WERE:
Karl Moedl President
Ron Rice1st Vice President
Rob Ingold 2nd Vice President (attended electronically)
William Gresser Treasurer
Albert Gardner Secretary
Harry Hengl, Director
Gary Magrino, Director
Robert McLendon, Director
James Carruthers, Director
Dr. Brian Cullen, Director
Jeanine Rhea, Director
Mike Taylor, Director
Ed Whitehead, Director

ALSO PRESENT WERE:
Mr. Williams, Airport Director
Gerald Hinkle, Jr., Chief Financial Officer
Gladys Wiggins, Airport Operations Director
Gen Grosse, Corporate Account Manager
Lynn Hall, Director of Maintenance
Andrea Lopez, Executive Assistant
Gabriella Reyes, YCAA
Lt. Col. Workman, Military Liaison
Greg McShane, MCAS Operations Officer
Wayne Benesch, Airport Counsel
Joe Gamez, CareFlight
Gill Garza, Garza Aviation
Laurie Lineberry, Director of Community Development, City of Yuma
Mr. Kevin Eatherly, Deputy Executive Director Yuma Crossing National Heritage Area
Paul Rachels, EAA-AOPA
Adam Hickey, GYEDC
Danny Winters, Mike Curtis Reality
Leo Pilkington, Pilkington Commercial
Tammy Pilkington, Pilkington Commercial
John Graves
Jean Graves

APPROVAL OF MINUTES
The President called for a motion to approve the minutes of the Regular Board Meeting of October 13, 2009. Mr. Gresser so moved. Mr. Hengl seconded the motion. Motion passed unanimously.

The President called for a motion to approve the minutes of the Special Board Meeting of October 27, 2009. Mr. Hengl so moved. Mr. Rice seconded the motion. Motion passed unanimously.

AWARDS AND PROCLAMATIONS

1) Lt Col Workman briefed that during the planning for the 2009 Airshow, airport staff learned that MCAS Yuma had fallen slightly short of the funds necessary to attempt a 10,000 foot long wall of fire. Because of the shortage, MCAS would otherwise have to settle for an 8,000 foot wall of flame, far short of their desired goal.

Airport staff coordinated with the MCAS Airshow team to identify exactly how much more money was needed. After coordination and consultation, YCAA had issued a check for the required amount of $5,000 and that extra funding had then enabled MCAS to make the attempt for the 10,000' world record. Lt Col Workman explained that the management team on the MCAS side was very appreciative of the Airport going the extra mile to fund all the extra supplies needed and that each person on the Board and the Airport's staff should consider that they are now co-holders of an entry in the Guinness Book World Records.

In recognition of this significant achievement, Lt Col Workman and Mr. Greg McShane presented a framed certificate from the World Headquarters of the Guinness Book World Records identifying the World Record of a 10,000 foot long wall of fire.

2) YCAA President Karl Moedl presented a Plaque of Recognition of Service to Mr. John Graves who is retiring from the Yuma County Airport Authority.

Mr. Williams briefed that Mr. Graves will retire from the Airport Authority after nine years of exceptional service. Mr. Graves has consistently displayed the highest standards of customer service and dedication to the citizens of Yuma County with his tireless efforts in maintaining the infrastructure of the Airport Terminal Building, as an instructor for new employees of the Airport Maintenance Division and as an individual who possesses exceptional integrity and loyalty to our organization. Mr. Graves won the first ever Employee of the Year in 2008 and serves as a great example to his co-workers in all he does. Mr. Graves’s effort to consistently deliver world class customer service reflects great credit upon himself and the Yuma County Airport Authority.

Mr. Moedl adjourned the meeting at 4:10 PM so the Board and its visitors could enjoy the buffet that had been prepared for the occasion.

INTERMISSION

Mr. Moedl call the Board back to order at 4:20PM.

COMMITTEE REPORTS

1) The YCAA Board of Directors will hold annual elections for new Directors in accordance with YCAA By-Laws.

Mr. Hengl briefed that the Election Committee reviewed all candidate applications at the election committee meeting on November 4, 2009. Ten candidates were eligible for the election. Those candidates were:

William Gresser
Albert Gardner
Jesse Haines
Larry Gould
Mikel Smith
Kent Marley
Daniel Winters
John Giehm
Richard "Max" Bardo
Kevin Reece

All candidates were discussed and found to meet the minimum standards required by the bylaws.

The committee then reviewed each application in detail for additional criteria to include their time in Yuma, education background, Military experience, business background, any conflict of interest, their general aviation background, the candidates civic participation, and if they had a pilot's license.

After reviewing all of the candidates the consensus of the committee was to recommend to the Board of Directors the first five names on the list. The committee felt these candidates had the background, experience and other qualities necessary to provide a valuable contribution to the Airport Authority.

The Directors then voted on the new members for the Board. Mr. Hinkle gathered the ballots, tallied the results and announced to the Board that five of the candidates had received majority votes. Those new Director Selects were:

Mr. William Gresser
Mr. Albert Gardner
Mr. Jesse Haines
Mr. Larry Gould
Mr. Mikel Smith

Mr. Moedl accepted the results of the election and thanked all candidates for their applications and congratulated the new and returning Directors Selected on their election.

REGULAR AGENDA

1) Monthly report by Chief Financial Officer on current financial status and recent activities

Mr. Williams briefed that overall, revenues and expenses for September were within acceptable parameters as compared to our budget. There were no questions.

2) Discussion and Possible Action to authorize the Chief Financial Officer to create a separate and unbudgeted account to manage all expenses associated with the Lux Air default.

Mr. Williams briefed that the departure of Lux Air has created the need to manage all related expenses in an off-budget account. This will allow the Board of Directors to accomplish two important tasks:

a) The business as usual airport expenses, such as salary, maintenance, etc that have been budgeted can then be tracked in a normal manner for the rest of the year, and

b) The unusual expenses that the airport is experiencing in recovering from the Lux Air default, such as moving and storage, furnishing the new GA Terminal, legal fees, the purchase of a K-Loader, purchasing the outstanding fuel that was delivered to Lux Air, etc, can also be tracked by the Board in a clear and understandable manner. This would be an un-budgeted item as we do not know at this point, where the next expense will come from.

We anticipate that all related expenses will be generally known within the first 90 days of the initial Lux Air default and that currently the airport is looking at approximately a $200,000 charge off.

3) Discussion and Possible Action to Authorize the YCAA President to sign a 10-year agreement with the Yuma Crossing National Heritage Area to include space for the display for the historic aircraft, the City of Yuma aircraft, in the design and construction of the GA Terminal, to accept offer of the Heritage group to raise the necessary money through a fund raising drive, and to authorize the Airport Director to take the necessary actions to accomplish these tasks, contingent upon final review by airport staff and counsel.

Mr. Williams introduced the proposed concept that the renovation of the former Bet-Ko hangar into a General Aviation Terminal could provide the Airport Authority with a unique opportunity to create a final home for the famous "City of Yuma" aircraft. The original design of the renovation has been modified to include a "kick-out" on the west side of the hangar. For a relatively small cost (estimated at $200,000), and one that could be filled by a fund-raising drive, the Airport Authority could include this solution in the renovation design.

Airport staff contacted the Heritage Group with this concept. Mr. Williams introduced Mr. Kevin Eatherly, Deputy Executive Director Yuma Crossing National Heritage Area to discuss our proposal. Mr. Eatherly expressed his Board's pleasure at our proposal. He explained that the idea was presented to their Board of Directors on Friday, November 6. The Heritage Board was very much in favor of having YCAA house the City of Yuma plane in our Yuma Pilot Center. However, they would like to enter into a 10 year commitment, as they do not want to totally give up on the idea of housing the plane at the Visitor's Center, should the state come up with funding at some point in the future, as it would allow more people to see it.

During a brief discussion on the matter Mr. Eatherly agreed that the Heritage Group would accept the challenge of raising the necessary funds for the project, that the Airport would exercise total control of the design and construction and that the Heritage Group would assume all responsibility for managing and maintaining all exhibits associated with the display. The consensus of the Board was that this was an excellent suggestion.

4) Discussion and Possible Action to provide direction to the Airport Director concerning Planning and Zoning issues.

Mr. Williams briefed that the recent Estancia proposal has lately included a suggestion of potential encroachment issues for the Airport and for MCAS. The question had been raised if the Airport Authority needed to establish a position on any point of the subject matter. He presented a visual presentation of the Estancia proposal that had been supplied by Ms. Laurie Lineberry of Community Development.

Lt Col Workman provided some background to the question and stated that the position of MCAS was that MCAS was 100% on board with the proposition that had been put before the City Council and Planning and Zoning Board.

Dr. Brian Cullen expressed his interest in the matter was that as a Board Member he felt a responsibility to carefully review such far reaching questions. After some further discussion, Mr. Charles Saltzer of Somerton Airport expressed his concern about the implications of the proposal and that it could indicate significant encroachment issues for the Range.

Mr. Moedl directed staff to schedule a strategy committee meeting on the subject in time for the Board to provide a position, if necessary, for the November 18 Public Meeting.

5) Discussion and Possible Action to authorize the YCAA President to sign a lease with one of the proposers for the Wrong Way Maintenance Hangar contingent upon final review by airport staff and airport counsel.

Mr. Williams briefed that Lux Air's default has put the airport's "Aircraft Maintenance Hangar," now known as the "Wrong Way Maintenance Hangar," back into question. Originally, Lux Air had arranged for Gil Garza to move into the Wrong Way Hangar and for Mr. Martin to move into the Love Hangar. That arrangement was approved by the Board of Directors, but later reversed so that Mr. Martin moved into the Wrong Way Hangar. A portion of the Love Hangar was offered to Mr. Garza, but he had felt it was not suitable for an aircraft maintenance operation.

Now that the Lease is open for negotiation, both Mr. Martin and Mr. Garza have approached Airport Staff with proposals to continue the operation of an aircraft maintenance hangar on the airport.

Mr. Garza's business plan calls for a graduated rental rate for the hangar and includes offering a complete line of aircraft maintenance for local aircraft owners. Operating under Part 91, he would initially offer aircraft maintenance for propeller aircraft only. Within six months he plans to add avionics and later broaden his capability to include turbine aircraft. The focus would be strictly on creating a full service aircraft maintenance provider.

Mr. Martin's proposal also includes a full range of aircraft maintenance services but has a broader scope of service in mind. In a partnership with Mr. John Ewing, their new business would also offer a wide range of service to transient aircraft, including K-Loader support, and various pieces of ground support equipment which can be found around the airport. When asked about the ownership of the equipment in mind, Mr. Martin explained that he would lease the equipment from Mr. Ewing. He was of the opinion that the remaining equipment on the airport is not owned by Lux Air, but by John Ewing. He had also recently explained that he had purchased some of the equipment from Mr. Ewing.

Neither of the two proposals includes an FBO fueling option.

Staff recommended that the Board accept the proposal from Mr. Gil Garza and that the Airport take care of painting the existing hangar and removing old signage. Mr. Ingold suggested that the lease include performance benchmarks. The consensus of the Board of Directors was to accept the staff recommendation and conclude a lease with Mr. Garza. The Board directed staff to notify Mr. Martin by the end of the week that his proposal was not accepted and to give him 30 days notice to vacate the current premises and to remove the equipment he has purchased from Mr. Ewing from the Airport once he has provided proof of ownership.

6) Discussion and Possible Action to authorize the YCAA President to sign a new lease with CareFlight at a monthly rate of $831.25, in accordance with the new Rates and Charges model, contingent upon final negotiations and final review by Airport Staff and legal counsel.

Mr. Williams briefed that the new Rates and Charges would remove the existing apron from the new CareFlight Lease with the exception of approximately 4,500 sq. ft. of aircraft ramp to be used as a staging area for ground support equipment and fuel trucks. The lease would also include 1,400 sq. ft. around the CareFlight fuel tanks.

In recognition of their recent investment in the CareFlight FBO facility the lease would extend the term of the lease to October 31, 2029, with an option for a single ten year extension. This lease period is in accordance with the current table of Rates and Charges.

7) Discussion and update regarding current construction projects, associated contracts, grant status, general aviation, marketing efforts, conferences and meetings and items with the city and county. (Presentation by Airport Director)

Mr. Williams briefed that:
The DCC Apron project was essentially complete.
The Airport has received the signed CBP Design Contract for the new Border Patrol facility
NEI has been provided a final review copy of the Design services contract for CBP
MCAS and YCAA Staff have developed a further solution for getting NAVFAC on board with the Taxiway Y project which includes putting several outstanding easement matters into the package and essentially bundling everything in one request.
The Airport is working with Diamond Brooks on a RO Wash Rack solution
The Solar Power proposals are still in the staffing process with our potential vendors

Mr. Williams then provided a detailed update on several aspects of the Lux Air default and the GA Terminal project. Several frequently asked questions were reviewed that Board members might expect to encounter.

Mr. Williams briefed the Board on a wide range of issues dealing with the fueling assets that were part of the Lux Air default. The Board approved of the plan to lease the fuel farm to CareFlight for $1 dollar per month for up to six months, in return for their management and upgrade of the facilities and to then lease the fuel farm to CareFlight for up to five years for a rate to be determined to be a fair market rental rate. At the end of the final lease, CareFlight and the Airport would share the expenses in removing the tanks from the airport.

The Board approved of the Airports actions in reducing the fuel flow rates on the airlines to five cents for the rest of November and to complete negotiations on a final rate prior to December.

Mr. Williams provided the results of staff research on several questions that the Board had asked in the October 27 Board Meeting. These included

A) Establishing the requirement that a new Fuel Sales FBO must agree to prior to the start of any lease, as including a $1 million investment/commitment to occur over an 18 month period that included strict and enforceable milestones for facility design and construction. Specifically the investment would require, NEPA compatible fuel tanks that would be located in the DCC or other approved location, new facilities for employees, equipment maintenance and most importantly the construction of 16,000 square feet of Hangar Space. The one million dollar investment would entitle an FBO to a Twenty Year Lease with one 10 year option. An investment of more than one million dollars would entitle the FBO to an additional one year per $100,000 of increased investment up to a maximum of forty years.

B) Establishing the definition that a Non Flyable Aircraft is one that:
Has not flown for six months OR
Has not flown for sixty days AND missing major component (and not on order)
Does not apply to bona fide home-built under construction

C) Establishing a rate of $3PSFPY based on aircraft length times wingspan as a monthly parking fee, only for Non Flyable Aircraft.

The Board instructed staff to proceed with the plan to mail a letter to those aircraft owners that are affected by this definition. The letter should include an option to the recipient that they have a 60 day notice to move their aircraft off airport or to start payments for their parking spaces effective December 1, 2009.

The Board instructed staff to update the Airport's Minimum Standards as required with the necessary changes on the rates and charges and related procedures.

MILITARY LIAISON
Lt Col Workman expressed his appreciate for the support of the Board of Directors on the many areas of cooperation with MCAS. He stated that Col Werth welcomed all participation and statements of position on the many questions that were being raised in regard to land use. He also asked that all concerned continue to exercise due regard that when speaking of such matters we are speaking for ourselves, or our Boards, but that only Col Werth is authorized to speak for MCAS.

CALL TO THE PUBLIC
Danny Winters stated that there will be a public meeting of the railroad in November. He would be proposing three separate routes through Yuma County and invited everyone to attend.

ACTION

Mr. Rice made a motion to authorize the Chief Financial Officer to create a separate and unbudgeted account to manage all expenses associated with the Lux Air default. Mr. Hengl seconded the motion. The vote was unanimous.

Mr. Hengl made a motion to Motion to Authorize the YCAA President to sign a 10-year agreement with the Yuma Crossing National Heritage Area to include space for the display for the historic aircraft, the City of Yuma aircraft, in the design and construction of the GA Terminal, to accept offer of the Heritage group to raise the necessary money through a fund raising drive, and to authorize the Airport Director to take the necessary actions to accomplish these tasks, contingent upon final review by airport staff and counsel. Mr. Magrino seconded the motion. The vote was unanimous.

Mr. Gardner made a motion to Motion to authorize the YCAA President to sign a lease with Mr. Gil Garza for the Wrong Way Maintenance Hangar contingent upon final review by airport staff and airport counsel. Mr. Gresser seconded the motion. The vote was unanimous.

Mr. Gresser made a motion to Motion to authorize the YCAA President to sign a new lease with CareFlight at a monthly rate of $831.25, in accordance with the new Rates and Charges model, contingent upon final review by Airport Staff and legal counsel. Mr. Magrino seconded the motion. The vote was unanimous.

ADJOURNMENT

There being no further business before the Board, Mr. Hengl made a motion to adjourn, Dr. Cullen seconded the motion. The vote was unanimous. The meeting adjourned at 5:42PM.





// Approved //
Craig Williams
Airport Director


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