MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE INDIAN WELLS VALLEY AIRPORT DISTRICT
FEBRUARY 4, 2004

NOTE: This meeting was tape recorded and the tape is available at the airport office.

1. CALL TO ORDER

President Dave Rosenthal called the meeting to order at 7:00 p.m. Present: Directors Bozack, Mohn, and Rosenthal. Directors Bates and Farris were absent. Also present were District Manager and District Counsel Scott Nave through telephone conferencing. Members of the public present were Mr. Brad Glasco and Ms. Ann Norris.

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Director Bozack led the pledge of allegiance to the flag.

3. CONSENT CALENDAR

A. Approval of Minutes of Regular Meeting of January 7, 2004 and waive further reading of the Minutes.

B. Approval/ratification of the Payment Register of February 4, 2004.

C. Acceptance of Financial Report for November, 2003; the Financial Report for December was continued to the February meeting.

D. Authorization of payment to Continental Associates for Liability and Hazard Insurance in an amount not to exceed $ 17,000.00.

There was a short discussion of items on the payment register. Director Rosenthal asked for information on the payment to Burke Engineering and Ms. Bass was asked to get a sketch of the area measured. Ms. Bozack inquired about the payment to Anderson and Sherman, and Ms. Bass explained that staff met with Mr. Sherman regarding filing an unlawful detainer. Staff decided to use a different attorney; however there was a cost for the meeting. A short discussion followed regarding using a local attorney for the action rather than District Counsel.

Motion was made by Director Mohn, seconded by Director Bozack, TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Motion was passed by voice vote: 3 ayes, 2 absent.

4.A. CLOSED SESSION: PORTENTIAL LITIGATION: UNLAWFUL DETAINER, MR. JAMES PALACIO (closed session permitted by Section 54956.0 of Brown Act

This item was moved on the agenda to follow item 9.

5. DISTRICT COUNSEL

District Counsel had no report.

6. DISTRICT MANAGER 

Ms. Moors, Skywest Inyokern Manager, is out of town and the enplanement figures for January will be provided upon her return.

Ms. Bass thanked Director Farris and Scott Seymour for assisting the Kern County Sheriff at the scene of the recent accident involving airport tenant Jim Bowles. They removed the wreckage to the airport at the request of the Bowles family.

The ARFF training provided by the Kern County Fire Department for local fire station and China Lake personnel has been completed and was very successful A member of the media was present for one of the drills and an article should be forthcoming in the Daily Independent. The local fire personnel are now certified for aircraft rescue and fire fighting. Stations 73, 74, 75, 77 as well as China Lake were included.

The personnel from station 73 are now in the new building on the airport, and the ribbon cutting/open house will be scheduled after the furniture is delivered. The old furniture will be moved back to the old station for use by the Sheriff when the new things arrive.

Mr. Rosenthal asked about the disposition of the ultralight wreckage and it was suggested that the manufacturer be called to see if they would like to investigate on their own. Ms. Bass explained that because an ultralight is not considered an aircraft by the F.A.A., Mr. Bowles did not have a pilot license, the Sheriff was the investigating agency. Mr. Selle will remain in the hangar that was shared, and Mark Klissus will move in also, leaving hangar 1.

Mike Wright, owner of the Commander, has purchased another aircraft and it is now also in hangar #1.

The Young Eagles event was wonderful and everything went very well. Ms. Spencer was thanked for all of her efforts.

7. COMMITTEE REPORTS

There were no committee reports.

8. PUBLIC COMMENT

Mr. Brad Glasco asked if there was any further information on obtaining a Superunicom. Ms. Bass said that it would be included in the next grant, as the matching funds for that item will be minimal. Mr. Glasco added that the equipment at Apple Valley Airport was out of order recently and the airport staff said they enjoyed not listening to all of the radio clicks which activate it. Ms. Bass apologized for forgetting it in the last grant.

Ms. Ann Norris said she would probably be ready to take her test for her pilot license in a month or so.

9. BOARD COMMENT

DIRECTOR MOHN: Mr. Mohn thanked everybody for attending the meeting.

DIRECTOR BOZACK: Ms. Bozack said that sympathy is extended to the Bowles family on their loss. Ms. Bass will send a card from the airport.

Ms. Bozack is glad that Quoin signed the lease. She asked if staff could update the information on the airport lease and other rates. Ms. Bass will do that and provide it to the Board.

Director Rosenthal asked if Quoin had provided the Material Safety Data Sheets. Ms. Bass responded that the District had not received them, and maintenance of MSDS is required by OSHA. In addition, it is unsafe for firemen, for example, to fight a potential fire when they are not fully aware of what substances are in the structure. The requirement for this is in the new lease, and Ms. Bass will notify them that they have 10 days to provide the information. Mr. Nave said that he will provide a “Notice to Cure or Quit” for Ms. Bass to use. Ms. Bass added that sometimes certified mail is not accepted, so in future the District will utilize the postal service proof of mailing certifications.

9.A. CONTINED FROM BUSINESS ITEM 4.A.: CLOSED SESSION

The Board adjourned to closed session at 7: 30 p.m.

The Board returned to open session at 7:50 p.m.

Mr. Nave reported in open session that in closed session the Board discussed and initiated an Unlawful Detainer action against James Palacio for failure to pay rent. The manager was authorized to retain Mr. Wayne Silva to file this action.

During the closed session the Board of Directors took the following action.

Motion was made by Director Mohn, seconded by Director Bozack, TO AUTHORIZE STAFF TO RETAIN ATTORNEY WAYNE SILVA TO FILE AN UNLAWFUL DETAINER ON TENANT JAMES PALACIO. Motion was approved: Ayes 3, Absent 2

Ms. Bass will also contact the District Attorney’s office regarding the returned check from Mr. Palacio.

10. ADJOURNMENT

Motion was made by Director Mohn, seconded by Director Bozack, TO ADJOURN THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF INDIAN WELLS VALLEY AIRPORT DISTRICT OF FEBRUARY 4, 2004 at 7:50 p.m.. Motion was approved by voice vote: 3 ayes, 2 absent

Submitted by:
Nancy Bass, Executive Secretary