02/14/2017

Meeting Minutes for:
February Board Meeting
Yuma International Airport, Conference Room
Tuesday, February 14, 2017 at 03:57 PM


Call to Order:
The Yuma County Airport Authority, Inc. (YCAA) Regular Board Meeting of the Board of the Board of Directors was called to order at 3:57PM on February 14, 2017 in the Yuma International Airport Conference Room, 2191 E. 32nd Street, Suite 218, Yuma, Arizona 85365. The Presiding officer was Ronald Rice, President.

YCAA DIRECTORS PRESENT WERE:
Ronald Rice, President
Stan Gourley, 1st Vice President
Dean Hager, 2nd Vice President (exited the meeting at 5:26PM)
Linda Morgan, Secretary (joined the meeting at 4:01PM. She exited the meeting at 5:02PM)
Dr. Brian Cullen, DMD, Director (joined the meeting at 4:10PM)
Randall Nelson, Director
Eric Saltzer, Director
Russell Jones, Director
Albert Gardner, Director (attended the meeting telephonically. He exited the meeting at 4:42PM)

YCAA MEMBERS ABSENT WERE:
Jonathan Matheus, Treasurer
Ed Whitehead, Director

ALSO PRESENT WERE:
Gladys Wiggins, Airport Director
Gerald Hinkle, Jr., Chief Financial Officer
Mark Workman, Director of Operations (joined the meeting at 4:05PM)
Andrea Lopez, Executive Assistant
Sandra Bailey, Finance and HR Specialist
Lt Colonel Dane Howell, USMC, Military Liaison
Greg McShane, MCAS Operations Officer
Wayne Benesch, Airport Legal Counsel
Ken Scott, ASN Volunteer

CALL TO THE PUBLIC
There was no Public Comment.

APPROVAL OF MINUTES
The President called for a motion to approve the minutes of the January 10, 2017 Annual Board Meeting. Mr. Jones so moved. Mr. Hager seconded the motion. Motion passed unanimously.

The President called for a motion to approve the minutes of the January 10, 2017 Regular Board Meeting. Mr. Jones so moved. Mr. Gourley seconded the motion. Motion passed unanimously.

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

Mr. Hinkle provided the brief to the Board on the current financial status.

2) Presentation and update regarding current construction projects, associated contracts, grant status, general aviation, marketing efforts, terminal improvements, aviation conferences, meetings and items of interest with the city and county or other federal or state agencies. This will include, but is not limited to, additional information, FAA and ADOT grant update, overview of projects completed to date, Airport Operations, Rolle Field, status of the Airline agreements, update on the TSA Office Remodel, General Aviation, Airport Marketing/Business development plan, future GA events, and any other Airport Business.

Ms. Wiggins briefed the Directors that all Runways and Taxiways are currently open.

Ms. Wiggins provided a general update on current grant, construction projects and other pertinent business activities on going by the airport staff.

MILITARY LIAISON
Mr. Mc Shane introduced Lt Colonel Dane Howell the new Military Liaison. Mr. Rice gave Mr. McShane a plaque of appreciation to present to LtCol Andrew Diviney the previous Military Liaison.

LtCol Howell stated he has been here in Yuma for about a year and a half as a Station Inspector. He thanked the authority for the Airports support of the Airshow. He stated he is honored to let people know that there would not be an Airshow without the support the Airports provides.

3) Update on the DBT v. YCAA matter.
Mr. Benesch gave an update on the litigation before the Board motioned to go into Executive Session for further discussion. During his presentation, Mr. Benesch provided insight into the outcome of the trial phase of ongoing litigation in which several former tenants, commonly referred to as “Lux Air” sued the Authority for wrongful eviction. The Plaintiff’s action was in response to their eviction for non-payment of rents and fuel flowage fees on October 23, 2009. Mr. Benesch described the conclusion of the bench trial that lasted seven weeks. In describing the decision issued by the Superior Court on January 31, 2017, Mr. Benesch read from portions of the “Findings of Fact and Conclusions of Law” prepared and presented by the presiding Judge John Paul Plante at the conclusion of final arguments. Mr. Benesch explained the most important elements of the decision were the findings that “there was no violation of the covenant of good faith and fair dealing on the part of YCAA” and “The Lux Air leases were not wrongfully terminated.” Mr. Benesch also informed the Board of Directors the decision included a judgement of damages due to the Authority from Lux Air in the amount of $998,516.

EXECUTIVE SESSION
Mr. Nelson motioned to enter into executive session for discussion and/or consultation for legal advice with Airport Legal Counsel regarding pending litigation matters in the DBT v. YCAA litigation pursuant to A.R.S. § 38-431.03(A)(3) & (4). Mr. Jones seconded the motion. The vote passed unanimously.

Mr. Rice excused the Public and Airport Staff at 4:42PM so the Board could enter into an Executive Session. Airport staff Gladys Wiggins, Gerald Hinkle and Andrea Lopez remained for the Executive Session.

The Board remained in Executive Session from 4:50PM until 5:49PM.

RECONVENE REGULAR BOARD SESSION
The Board reconvened to regular session at 5:50PM

PUBLIC COMMENT
There was no Public Comment.

Mr. Jones asked for the Public Relations committee to meet regarding the True Market Study and customer complaints received regarding the flight schedule.

ADJOURNMENT
There being no further business before the Board the meeting adjourned at 5:51.




// Approved //
Ron Rice
President Yuma County Airport Authority


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