HomeMy WebLinkAbout01-19-2022 Public Meeting Notice: Special Called Fairhope Airport Authority MeetingPublic Meeting Notice
SPECIAL CALLED MEETING
Committee: Fairhope Airport Authority
Date & Time: Wednesday, January 19, 2022 at 5:30 p.m.
Place: James P. Nix Center
Subject:
1 Bayou Avenue
1) Whether to confirm termination of the lease
with Continental based on refusal to rescind
eviction letter; and
2) If termination is confirmed, strategy and plan
to move forward with provision of basic
FBO Services
Notice must be stamped, dated and initialed before posted on
bulletin board.
OSTED
Committee:
REVISED
Public Meeting Notice
SPECIAL CALLED MEETING
Fairhope Airport Authority
Date & Time: Wednesday, January 19 , 2022 at 5:30 p.m.
Place: James P. Nix Center
1 Bayou Avenue
Subject: See Attached Agenda
Notice must be stamped, dated and initialed before posted on
bulletin board.
Fairhope Airport Authority Agenda
Special Meeting January 19, 2022
5:30 pm meeting at The Nix Center
1 Bayou Drive Fairhope, AL 36532
1. Call to order by The Chairman
2. Determination if a quorum exists
3. Pledge of Allegiance
4. Executive session under section 36-25A-7(3), Code of Alabama to
discuss pending litigation -advice from counsel regarding pending
litigation.
5. Review and consideration of status of FBO Lease with Continental
Motors, Inc.
6 . Discussion of potential options and logistical matters for FBO
operation (*item depends on Board action with respect to Agenda
item# 5).
7 . Adjournment
Minutes of Fairhope Airport Authority
Special Meeting
January 19, 2022
The Fairhope Airport Authority met January 19 , 2022 at 5 :30PM at The Nix Center
located at 1 Bayou Drive .
Present : Don Lagarde, Chairman, Will Bruce , Amy Pearson, and Vince Boothe.
Chip Groner, Jack Burrell and Pel Henry were absent. Also present was Josh
Myrick, Attorney. Cynthia A Boothe took the Minutes .
Executive Session: Executive Session under Sect ion 36 -25A -7(3), Code of
A l abama to discuss pending litigation -advice from counsel regard i ng pending
l it igation . Josh Myrick certified the Executive Session to be conducted by the
Board of Directors of the Fairhope Airport Authority in the Special Meeting on
January 19 , 2022 falls within the purposes described in 36-25A -7(3), Ala . Code
1975, and that the "pending litigation" exception is applicable to the planned
discussion. A motion was made by Vince Boothe to enter into Executive Session
for the reasons stated above, second by Amy Pearson. A roll call vote was taken
and Don Lagarde , Will Bruce, Amy Pearson and Vince Boothe all voted 'Aye'. The
Authority Members moved to Executive Sess i on at 5 :35PM for approxi mately 15
to 20 minutes .
The Airport Authority members returned from Executive Session at 6 :02PM and
reconvened the meeting with a motion by Amy Pearson , second by Vince Boothe
and unanimously passed .
Review and consideration of status of FBO Lease with Continental Aerospace:
Vince Boothe stated that the letter sent by Skinner Law Group, who represents
Continental Aerospace stating they will notify all tenants by letter ema i l should be
sent registered letters stating that no tenant need move their aircraft before
March 31, 2022 .
W i ll Bruce stated that he felt the letter sent evicting the tenants was uncalled for
and agreed with Vince that a registered letter needs to be required to be sent to
all tenants stating they do not have to move before March 31 , 2022 .
Amy Pearson asked about how the evictions are connected to the differences
between the Airport Authority and Continental Aerospace. Don Lagarde stated
that was a good question and invited the representatives of Continental
Aerospace present at the meeting to comment. Richard Pennington, Director of
Operations for Continental in Mobi le and Baldwin Counties, stated that they had a
town hall meeting with the tenants last week and would be having another one
on Friday and they are trying to be very transparent with the tenants but declined
to answer Amy's question.
Don Lagarde asked if there were any other comments or discussion and Richard
Pennington stated that he wanted to reinforce what he said in October that they
have new leadership and Continental is committed to their customers, their team,
The City of Fairhope and to the Airport Authority to find solutions . They want to
fulfill the obligations of their lease and look forward to the opportunity of sitting
down with the Authority and having conversation and map that out.
Jonathan Maples, one of the lawyers for Continental, stated that he agrees with
Richard that they have an interest in resolving things, but that is all he is
authorized to speak about at this time. He declined to answer questions from the
Authority members . Attorney Brad Hicks, representing the Authority, asked if the
modification to the letter asking that Continental send a registered letter to all
tenants stating they do have to move their aircraft before March 31, 2022 could
be accepted and Mr. Maples stated that he could not accept this modification at
this time and invited the Authority to make a counter proposal with that
modification.
Vince Boothe made a motion to accept the letter of January 18, 2022 outlining
specific terms of negotiation and retraction of their letter to their tenants of
eviction until March 31, 2022 and ask our attorneys to get with them and ask that
the tenants are notified by registered mail and email, second by Will Bruce and
unanimously passed.
Discussion of potential options and logistical matters for FBO operation: Vince
Boothe stated that the Authority needs to be prepared to move forward with
plans in place and needs to start discussions should the Authority have to take
over operations at the Airport. Don Lagarde stated that the Authority needs to
appoint a committee to start making plans necessary for the Authority to take
over operations if necessary and suggested that Vince Boothe and Chip Groner
make up this committee . Will Bruce made a motion to appoint Vince Boothe and
Chip Groner to the committee to make plans for operations at the Airport should
it become necessary for the Authority to take over those operations, second by
Amy Pearson and unanimously passed .
Comments from the public: Francis Ripp asked why there would be two FBOs at
the Airport, when did it first come up and did anyone on the Authority or Council
talk to anyone about taking over the FBO should Continental leave .
Don Lagarde stated that in Decembers 2020 wh i le meeting with Continental that
they stated that they were considering getting out of the FBO business and
hangar business which concerned the Authority members . He also stated that the
Mayor and Jack Burrell , who is a City Councilman and on the Airport Authority
and Councilman Corey Martin are aware of it, but he has not talked to the other
Council members .
Mr Ripp then asked why the Airport meetings are no longer recorded . He was
told it was because of the overtime that would have to be paid to reco r d it.
Don Lagarde stated that was a Mayoral decision and he would need to speak with
the Mayor's Office .
A motion was made by Amy Pearson to adjourn , second by Will Bruce and
unanimously passed .
Don Lagarde , Chairman
Subm itted by Cynthia A Boothe