MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE INDIAN WELLS VALLEY AIRPORT DISTRICT
MARCH 3, 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 Bates, Bozack, Mohn, and Rosenthal. Director Farris was absent. Also present were District Manager and District Counsel Scott Nave through telephone conferencing. Member of the public Ms. Ann Norris was present.

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Director Bates led the pledge of allegiance to the flag.

3. CONSENT CALENDAR

A. Approval of Minutes of Regular Meeting of February 4, 2004 and waive further reading of the Minutes.

B. Approval/ratification of the Payment Register of March 3, 2004.

C. Acceptance of Financial Reports for December, 2003 and January, 2004.

Motion was made by Director Mohn, seconded by Director Bates, TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Motion was passed by voice vote: 4 ayes, 1 absent.

4.A. PURCHASE OF COPIER

The manager requested permission to purchase a used copier from Budget Office to replace the existing machine, which is old and parts are no longer available. Director Rosenthal said that he believes this is a lot of money and a like or even better machine might be located at a savings. He would like for some research to be done on other machines. Leasing was discussed, and Ms. Bass said that the company will no longer give a lease for an amount less than $ 5000.00. Director Bozack stated that she had done a bit of research and agrees with Mr. Rosenthal that various machines should be looked into. Ms. Bass will check various machines and costs and the item will be continued to the March agenda.

4.B. REQUEST FOR AMENDMENT TO LEASE: GARY AND CHARLENE SPENCER

Director Rosenthal asked if this item should be continued as the lease committee has not reviewed the request and Mr. and Mrs. Spencer were not able to attend the meeting. The consensus of the Board was that the item is on the agenda and rather easy to review, and Mr. and Mrs. Spencer indicated they would appreciate it being done at this meeting.

Mr. and Mrs. Spencer have requested a revision to their existing lease, or alternatively a new lease, with two changes as follows: (1) The property reversion clause be removed from the lease; (2) the term to be extended for 30 years beginning January 1, 2004. Ms. Bass stated that leases approved since the Spencers do not have the reversion clause, and therefore this clause is discriminatory and not in compliance with the F.A.A. assurances. Motion was made by Director Mohn, seconded by Director Bates, TO APPROVE A REVISED LEASE WITH GARY AND CHARLENE SPENCER REMOVING THE REVERSION CLAUSE AND EXTENDING THE TERM TO THIRTY YEARS FROM JANUARY 1, 2004.

There was a short discussion about other leases at the airport and the appropriateness of granting this request. Comparison of various private hangar rents were made and sizes also given. Ms. Bozack questioned the differences in ground lease rates, particularly compared to the rate charged to Mr. Michael McGee, She believes the Spencers are being charged a higher rate per square foot. The manager explained that the hangar leases are not based only on square footage, but also other factors including frontage distance. Mr. Bates said that the existing situation appears equitable and there have been no complaints. Ms. Bass also mentioned the economy of size, which was done on the lease for Kunkle and Andrews (old Texas Instrument building). The chair determined there was no need for a committee meeting. Ms. Bass also explained the difference between ground lease for private hangars and FBO leases.

Motion was approved by voice vote: 4 ayes, 1 absent.

5. DISTRICT COUNSEL

District Counsel had no report.

6. DISTRICT MANAGER 

Ms. Bass gave the enplanement figures for the month of February as 960.

The Unlawful Detainer regarding James Palacio is completed and filed with the Superior Court. The documents will be served on Mr. Palacio this week.

The bid package including specifications for the fire truck is complete, approved by F.A.A., and back from the printer. The advertisements for bid will be sent March 4.

The open house for the fire station is scheduled for March 26 at noon.

The electrical problem at the fire station was actually a mistake made by the Edison Company and is now repaired.

The staff was informed that there was an announcement at the China Lake Rotary Club that an air show will be held at the airport on October 6, 2004. No request for this event has been received by the District.

Ms. Bass thanked the Directors for returning their Conflict of Interest Statements.

Mr. Mohn asked if Quoin had provided the MSDS information. Ms. Bass stated that they had done this. The testing is now only done following written notice to the District, and this is being done every week for several days each week.

7. COMMITTEE REPORTS

SAFETY/SECURITY: Director Rosenthal reported that Ms. Bozack had concerns about gates to the airfield. Ms. Bozack explained that she is concerned about vehicles entering through the personnel gate located just north of hangar #1 and the gate entering the adjacent property owners land on the north end of the airfield. Director Rosenthal and Director Farris, acting as the committee, discussed these concerns. Director Rosenthal stated that TSA and FAA are not concerned with the north gate as it opens into a fenced and locked area. Ms. Bass said that the open gate is a convenience to the airport employees and to the Bertrand personnel who deliver water to Quoin. Ms. Bass said that the gate is now locked. Ms. Bozack then said it alleviates her concern.

Ms. Bozack’s second concern, with the personnel gate north of hangar #1, is that it is used for a vehicle gate. She thinks that it should be changed so that vehicles cannot go through. It was explained that a post or bollard cannot be put in the center of the gate because UPS hauls their overflow parcels through the gate to their storage unit on the other side, and a post would prevent this being done with convenience. Mr. Mohn said that the District is only required to meet the requirements of the TSA and FAA. When the gate project is completed in the near future, the gates will be locked. Chairman Rosenthal restated that when the locks and gates are completed through the security project, the District will be in compliance with all security regulations. It is conceded that some security concerns are impossible to prevent. Mr. Rosenthal added that by the time changes are made, the security project will be complete and the money spent will have been wasted. Director Rosenthal said again that he and Director Farris recommend that at this time nothing be done. Mr. Mohn added that the only real security could be provided by a Battalion of Marines, and everybody is aware of that.

8. PUBLIC COMMENT

Ms. Ann Norris stated that she is a student pilot and interested in the District business.

9. BOARD COMMENT

DIRECTOR MOHN: Mr. Mohn thanked Ms. Norris for attending the meeting.

DIRECTOR BOZACK: Ms. Bozack said that the manager has not had a performance evaluation since 2001 and she requested that the Finance/Personnel committee look at this. Ms. Bass said that she is currently putting together a draft budget for FY 2004-2005 and when this is complete a committee meeting can be held to review both items.

DIRECTOR BATES AND DIRECTOR ROSENTHAL both thanked Ms. Norris for her attendance and participation at the Board meetings.

10. DJOURNMENT

Motion was made by Director Bates, seconded by Director Mohn, TO ADJOURN THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF INDIAN WELLS VALLEY AIRPORT DISTRICT OF MARCH 3, 2004 at 7:42 p.m.. Motion was approved by voice vote: 4 ayes, 1 absent.

Submitted by:
Nancy Bass, Executive Secretary