MEET­ING MINUTES

PANA­MA CITY – BAY COUN­TY AIR­PORT AND INDUS­TRI­AL DISTRICT

Open­ing:

The Emer­gency Board Meet­ing of the Pana­ma City-Bay Coun­ty Air­port and Indus­tri­al Dis­trict was called to order at 9:00 a.m., April 11, 2011 in the Air­port Board Room by Chair­man McKenzie.

The Invo­ca­tion was giv­en by Ms. Pat­ty Strick.

The Pledge of Alle­giance was led by Chair­man McKenzie.

The Exec­u­tive Sec­re­tary called the roll and indi­cat­ed that all Board Mem­bers were present except Ms. Dawn Moliter­no and Mr. Carey Scott.

Busi­ness Items:

a. Rec­om­men­da­tion of Find­ing of Bona Fide Emer­gency Regard­ing Lit­i­ga­tion Matters

This item pro­vides for Board recog­ni­tion that a bona fide emer­gency exists relat­ing to mat­ters that devel­oped dur­ing medi­a­tion that now require Board attention.

Mr. Bruett made a motion to find that a bona fide emer­gency exists relat­ing to mat­ters that devel­oped dur­ing medi­a­tion. Mr. Pilch­er sec­ond­ed the motion. The vote was tak­en and the motion passed unan­i­mous­ly.

Adjourn­ment:

The meet­ing was adjourned at approx­i­mate­ly 9:10 a.m. to enter into Closed Exec­u­tive Session.

Closed Exec­u­tive Ses­sion:

Board Mem­bers entered into Closed Exec­u­tive Ses­sion at 9:10 a.m. to dis­cuss mat­ters relat­ing to cur­rent lit­i­ga­tion to the extent autho­rized under Flori­da Statute 286.011(8). Those in atten­dance were as follows:

  • John Wheat, Exec­u­tive Director 
  • Andy McKen­zie, Chairman
  • John Pilch­er, Vice Chairman 
  • Till Bruett, Board Member
  • Chris Fore­hand, Board Member 
  • Franklin Har­ri­son, Air­port Attorney
  • Rick Koehne­mann, Board Member 
  • Nick Ben­i­nate, Air­port Attorney
  • Ross McCloy, Air­port Attorney 
  • Court Reporter 

The Closed Exec­u­tive Ses­sion end­ed at approx­i­mate­ly 9:35 a.m.

Con­sid­er­a­tion of Set­tle­ment, Liq­ui­dat­ing and Release Agree­ment Clar­i­fy­ing Amend­ment

This item pro­vides for Board con­sid­er­a­tion and approval to exe­cute a Clar­i­fy­ing Amend­ment to the Set­tle­ment, Liq­ui­dat­ing and Release Agree­ment between Phoenix Con­struc­tion Ser­vices and the Air­port Authority.

The Clar­i­fy­ing Amend­ment stip­u­lates that under the Agree­ment, the par­ties did not intend to assign to the oth­er any claims, rights or inter­est in the var­i­ous caus­es of action assert­ed in the lit­i­ga­tion, and fur­ther that each par­ty would con­tin­ue to own and con­trol its own claims.

Fol­low­ing Board dis­cus­sion, Mr. Pilch­er made a motion to approve the Clar­i­fy­ing Amend­ment to the Set­tle­ment, Liq­ui­dat­ing and Release Agree­ment with Phoenix Con­struc­tion Ser­vices. Mr. Koehne­mann sec­ond­ed the motion. The vote was tak­en and the motion passed unan­i­mous­ly.

Adjourn­ment:

The meet­ing was adjourned at approx­i­mate­ly 9:40 a.m. CST


Pat­ty Strick, Exec­u­tive Sec­re­tary Andy McKen­zie, Chairman