After a legally questionable executive session, members of the board of the Blytheville-Gosnell Regional Airport Authority voted to offer Blytheville Mayor Barrett Harrison $80,000 to become president of the commission by a vote of 4-0. Board members Donald Prevallet, Oscar Ford and Steve McGuire did not cast votes.
Current president Joe Gurley has announced he is retiring at the end of the year.
Prevallet voiced his objection to the executive session -- called to discuss "salary matters" -- because board member Dick Reams was not in attendance at the meeting. Reams, Prevallet said, had done all the previous budget work regarding the hiring of a new director.
In the commission's previous meeting, the board tied in votes to offer Harrison the job. Chairman Don Houseworth cast the vote to break the tie. During that meeting, Reams urged the board to postpone hiring a president, instead wanting to appoint a member of the staff to lead operations until finances improved.
Under the Arkansas Freedom of Information Act, executive sessions are permitted "for the purpose of considering employment, appointment, promotion, demotion, disciplining or resignation of any public officer or employee." In contrast, an executive session to consider general salary matters is not permissible under state law.
Mike Bearden, a Blytheville attorney who serves as the board's legal counsel, was asked if the executive session was legal. Bearden advised that it was legal. Bearden also serves as counsel for the city of Blytheville.
However, Arkansas Attorney General Dustin McDaniel has opined that salary is not a valid reason for a board to go into executive session.
In an opinion dated June 30, 2009, McDaniel stated "Depending on the specific facts, a salary change for a particular employee might properly be discussed under one of those listed items (employment, appointment, promotion, demotion, disciplining or resignation of any public officer or employee), but the possibility of a salary change -- by itself -- is insufficient to support an executive session, in my opinion."
Ford made the initial motion to offer Harrison the job, at the rate of $80,000 per year including benefits. Board member Liz Smith questioned Ford's motion, saying she understood the offer was to be $80,000 plus benefits.
"$80,000 is the limit for what we pay for the position," Ford said, clarifying his motion.
Houseworth interjected that the salary was still less than what Gurley was being paid. According to records of the BGRAA, the president is paid a gross salary of $92,711 plus benefits for a total package of $100,252.
Ford's motion, which was seconded by Prevallet, failed to pass.
Board member Jerry Moore, who chaired the search committee that reviewed applicants for the president's position, then moved to offer Harrison with the job at a salary of $80,000 plus additional benefits with the stipulation that Harrison prepare a budget for 2011 and present it to the board as soon as possible and that the board evaluate his performance in six months.
The motion was seconded by Becky Hawkins. In the vote, Smith, Moore, Hawkins and Ed Regenold voted in favor of the motion.
In other business, the board agreed to offer Aviation Repair Technologies an extension of their lease agreement. The company had previously leased space at the Aeroplex for two years, with the option of three more, two-year extensions. In the new agreement, the company will have six more, two-year extensions with the option of revisiting the cost within 30 days of renewal.
The proposal will offer ART space until 2025, if it exercises all the options.
ART has also expressed interest in leasing another building on the property, which is estimated to result in an additional $50,000 in income a year.
Kagome Foods has also signed a lease for an additional six months at its present location, Houseworth said.
In reviewing the financial statements, the board learned that there was a negative balance in airport funds, but the overall financial statement is positive.
In his chairman's comments, Houseworth said he was pleased that the Aeroplex operations have gone so well.
"The financial statements are improved," he said.
Donnie Davidson, operations manager of the Aeroplex, told the board that there is a prospective new tenant for the theater. A local concert promoter hopes to lease the facility to hold concerts of "all types of music," Davidson said.
The theater, which seats 289 people, needs some work, he said. The BGRAA will provide sealing of the roof, but all additional work will need to be done by the lessee, Davidson said.
Rick Johnson, director of research and planning, gave the board an overview of current projects, including one at Nibco for $200,000. The company is making plans to expand and is using a local contractor to do the work.