MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE INDIAN WELLS VALLEY AIRPORT DISTRICT
January 5, 2005

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

Prior to the meeting the newly elected Directors had a photo taken by the Daily Independent of them taking the Oath of Office. This oath was ceremonial only, as the Directors had previously taken the official Oath of Office.

1. CALL TO ORDER

President Dave Rosenthal called the meeting to order at 7:00 p.m. Present: Directors Bozack, Farris, Mohn, Rosenthal and Wallum. Also present were District Manager Nancy Bass and District Counsel Mr. Scott Nave. Members of the public present were: Ann Norris, Brad Glasco, and Ruth Justis.

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Director Rosenthal led the pledge of allegiance to the flag.

3. CONSENT CALENDAR

A. Approval of Minutes of Regular Meeting of November 3, 2004 and waive further reading of the Minutes.

B. Approval/ratification of the Payment Registers of December 1, 2004 and January 5, 2005.

C. Approval of Financial Reports for October and November of 2004.

D. Authorization of payments to Open and Shut in the amount of $98,850.00, to J. W. Roberts Co. in the amount of $20,040.00, and to Southern California Edison Co. in the amount of $2,798.68 for AIP 03-06-0110-18, security projects.

E. Authorization of payment to the State of California Division of Aeronautics in the amount of $31,156.34 for annual payment on Loans KER-8-98-L-5 and 6.

Motion was made by Director Farris, seconded by Director Wallum, TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Motion was passed by voice vote: 5 ayes.

4.A. ANNUAL ELECTION OF OFFICERS

District Counsel provided information on how the election of officers may be conducted. Director Rosenthal then requested nominations for the office of President. Director Farris nominated Director Mohn. Director Mohn nominated Director Bozack. Motion was made by Director Farris, seconded by Director Bozack, TO CLOSE NOMINATIONS FOR THE OFFICE OF PRESIDENT. Motion was approved by voice vote, 5 ayes.

Following a vote of the members, Mr. Mohn was elected to the office of President unanimously.

Mr. Rosenthal requested nominations for the office of Vice President. Ms. Bozack nominated Mr. Rosenthal. Director Wallum nominated Ms. Bozack. Motion was made by Director Wallum, seconded by Director Rosenthal, TO CLOSE NOMINATIONS FOR THE OFFICE OF VICE PRESIDENT. Motion was approved by voice vote, 5 ayes.

Ms. Bozack received 4 votes, Mr. Rosenthal received 1 vote. Director Bozack was elected to the office of Vice President.

Mr. Rosenthal then asked for nominations for the office of Treasurer. Mr. Wallum was nominated by Mr. Mohn. Mr. Farris was nominated by Mr. Rosenthal. Motion was made by Director Bozack, seconded by Director Rosenthal, TO CLOSE NOMINATIONS FOR THE OFFICE OF TREASURER.\Motion was approved by voice vote, 5 ayes.

There were 3 votes for Director Wallum, 2 votes for Director Farris. Mr. Wallum was elected to the office of Treasurer.

District Counsel gave a summary of the rule governing selection of a Secretary for the Board. There was a brief discussion by the Directors, resulting in a consensus to continue with the District Manager serving as Secretary.

4.B. COMMITTEE APPOINTMENTS

Mr. Mohn stated that he believes committee members should serve for more than one year in order to provide continuity and experience on the committees. His appointments were:

Business Development – Directors Bozack and Rosenthal

Facilities and Planning – Directors Mohn and Wallum

Finance and Personnel – Directors Bozack and Wallum

Lease – Directors Mohn and Rosenthal

Safety and Security – Directors Farris and Rosenthal

Special Events – volunteers as needed

Special District Representative – volunteer as needed

Groundwater Management Committee – Ms. Bass

4.C. APPROVAL OF CONTRACT WITH MEAD AND HUNT

Staff reviewed the submittals received from six companies interested in providing engineering and planning services to the District for various projects. Following review and evaluation, staff recommends that the District engage Mead and Hunt as engineering consultants because of their experience and their varied disciplines, including master plan experience. Following this review, the Mead & Hunt rates were received and were considered very reasonable. Copies of the rates were distributed to the Board members. Director Rosenthal stated at this time that a motion should be made prior to any additional discussion. Mr. Nave agreed with this. Motion was made by Director Farris, seconded by Director Rosenthal, TO APPROVE THE CONTRACT WITH MEAD & HUNT FOR VARIOUS PROJECTS.

There was then a discussion about the District needs, including the new Master Plan, and the Directors discussed the District needs in this area. Ms. Bass also mentioned procedures required by the F.A.A. for the Master Plan and other projects. Some explanations were given regarding F.A.A. rules, including NOTAM issuance and other safety issues. There was also discussion and questions regarding payment, especially as it pertains to front loading by the contractor. Mr. Bass explained that the F.A.A. must approve payments for work completed. Attorney fees were brought up, and Mr. Nave explained that in the event of litigation, the losing party generally is responsible for the legal fees.

Following a lengthy discussion, there were several revisions to the contract suggested or requested by the Directors and District Counsel. Mr. Nave and Ms. Bass were instructed to investigate the suggested changes and return the contract to the Board for approval at the February Regular Board Meeting.

NOTE: Director Farris excused himself at this time.

4.D. WORKSHOP: BROWN ACT AND CONFLICT OF INTEREST

District Counsel Nave provided information on new revisions to the code as well as a broad of overview of the Brown Act and the Conflict of Interest Code. The regulations of the Fair Political Practice Act and Section 1090 were discussed, with their differences pointed out. Mr. Nave also gave an explanation of the “public generally” and the implications for Directors. Contracts as they pertain to Directors were explained in detail. The Directors asked questions throughout Mr. Nave’s presentation, and discussions were held on various points. A complete record of the workshop is being retained on the tape and interested parties may listen to this entire presentation. Mr. Nave also provided some printed material on the subject, and copies may be purchased from the District.

4.E. CLOSED SESSION

This item was moved to Agenda Item 9.B.

5. DISTRICT COUNSEL

Mr. Nave had no report.

6. DISTRICT MANAGER

• Skywest enplanements for the month of December were 984. Deplanements were 992.
• The roof leaked again in the security building but it has been repaired by staff.

7. COMMITTEE REPORTS

There were no committee meetings during the last month. Ms. Bass indicated that the Lease Committee needs to meet.

8. PUBLIC COMMENT

Mr. Glasco said that he does not have a clear picture of where the airport wants to go in future. He referenced the State plan which outlines some deficiencies as they see them. Mr. Glasco asked for the direction the airport is heading. Mr. Mohn responded that the airport direction is discussed in the adopted marketing plan; however, it is apparent that Inyokern has problems with location and size. Mr. Mohn added that the goals in the plan provide a basis for Board decisions. Mr. Mohn said that Inyokern is fortunate to have what they have, especially the airline service. Mr. Rosenthal said that future planning at this time is almost impossible with all of the possibilities that can occur in the next ten years. Mr. Glasco said he is not asking what the District is going to do, but rather an itemization of issues. Mr. Rosenthal said that this list can be made with various possibilities outlined. Ms. Bozack said that the District did set goals, and the marketing plan should be reevaluated annually which needs to be done. Ms. Bozack added that the goals are listed as well as the mission statement. Mr. Mohn agreed with Ms. Bozack and said the Board worked at length on the goals. Mr. Rosenthal mentioned the air show, and said that Inyokern has been an incubator for the air show and now it is being moved to another location. Mr. Glasco again stated that the Board should be able to delineate the big picture of where the airport is and where it is going. Ms. Ann Norris said that she is on the corporate Board for the hospital, and she has discovered it is very difficult to make decisions on the basis of what is going to happen in the future. For example, is the Base going to be here in five years, and what sort of funding is available. Ms. Norris added that it is easy to say you want to do various projects, but if the growth does not occur, the plans are useless. Mr. Wallum agreed that he is familiar with the hospital planning problems and agrees that the same problems exist for the airport. He added that assumptions must be made for planning purposes, and these assumptions may or may not come to something.

Mr. Nave interrupted the discussion to say that this agenda item is for public comment, and it should not lead to such lengthy discussion by the Board. The Directors may make brief responses only.

9.A. BOARD COMMENT

DIRECTOR BOZACK: Ms. Bozack stated that she had previously asked for a pilot meeting, and she suggested that this include security matters. She added that AOPA material might be used. Ms. Bass said that Mr. Clair Milton of the FAA has volunteered to come up and do a safety seminar and this may be explored.

Ms. Bozack asked if Ms. Bass’ retirement plans and replacement might be placed on an agenda for final decision by the Board. Mr. Mohn said that Mr. Seymour’s position was changed and the Board did discuss this at length.

DIRECTOR MOHN: Mr. Mohn thanked the members of the public for attending and participating. Mr. Mohn added that it might be a good idea to revisit the airport goals and marketing plan.

Mr. Mohn added that when the budget is done, it is a very strong reality check.

Mr. Mohn stated that he can not think of one concrete thing that has benefited the airport for hosting the air show, with the exception of fuel sales and being a good community event. He believes if the air show moves to Mojave it will not be detrimental to Inyokern.

DIRECTOR WALLUM: Mr. Wallum thanked Mr. Nave for his presentation of the Brown Act and he added that the act may be good for attorneys, but he does not believe there has ever been legal action taken for violations.

Mr. Nave responded that recently Los Angeles County threatened a criminal action against a District for not preparing their agenda properly. They had sued another agency for a similar matter in the past.

Mr. Wallum said that there is a very limited staff here, and he realizes that staff is hard pressed to complete all of their tasks. Staff does a good job overall. Director Wallum complimented Mr. Rosenthal on his handling of the meetings.

DIRECTOR ROSENTHAL: Mr. Rosenthal agreed that the less you have, the sharper you must be. He said that he has enjoyed being the Board President and he is pleased that more members of the public are attending the meeting and interacting with the Board of Directors.

9.B. CLOSED SESSION

Mr. Nave announced that in closed session the Board will discuss national security matters and also the filing of an Unlawful Detainer on airport tenant Mr. Dan Marvin for non-payment of rent.

The Board adjourned to closed session at 9:05 p.m.

The Board resumed open session at 9:17 p.m.

Mr. Nave announced that national security matters were discussed in closed session. On motion by Director Wallum, seconded by Director Rosenthal, the Board unanimously authorized the General Manager to file an Unlawful Detainer Action against Dan Marvin and further authorized the manager to retain the services of outside counsel for this matter.

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 JANUARY 5, 2005 at 9:19 p.m.. Motion was approved by voice vote: 4 ayes, 1 absent

Submitted by
Nancy Bass, Executive Secretary