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.
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.
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.
The meeting was adjourned at approximately 9:40 a.m. CST
Patty Strick, Executive Secretary Andy McKenzie, Chairman