This email confirms the Airport Director is using the City of Mesa's name and the taxpayers' money to pick and choose who she wants at a public airport, not what is legal and best for the airport businesses and tenants.

"From: Owen, Jill Casson <jowen@swlaw.com>
Sent: Tuesday, January 16, 2024 11:09 AM
To: Moolenaar, Peter J. <peter.moolenaar@gknet.com>
Subject: Falcon Field, Falcon Warbirds and Andrews
 

Hi Peter,

This is further to our conversation on Tuesday and the subsequent requests received by the City of Mesa related to the issues covered in my January 4, 2024 letter. In short, the City’s position has not changed.  More specifically:

1.  Validity of assignment.  As detailed in the January 4 letter, the lease assignment to Wings of Flight Foundation (“WOFF”) and the City’s consent thereto speaks for itself unless/until there is reasonable evidence or court order to the contrary.  We understand that any court action to challenge the Falcon Warbirds Foundation (“FWF”) corporate actions and/or the assignment has the potential to outlive the lease itself, however that doesn’t provide a basis for the City to treat the assignment as invalid in the meantime.

2. Personal Property Stored on Ramp.  WOFF advises that the property they placed on the ramp in December belongs to FWF and/or the Andrews.  On behalf of the City, we requested immediate removal in the January 4 letter.  In accordance with standard procedure, any personal property left unclaimed will be removed after two weeks to be auctioned off or disposed.  Please note, any of these items remaining on the ramp after January 18, 2024 will be turned over to City surplus for auction or disposal.

3. Hangars E-9 and R-2.  Scott Andrews and Don Andrews were requested to vacate hangars E-9 and R-2 no later than December 31, 2023.  If they are not vacated within 60 days after their permissive use ended, i.e., by February 29, 2024, the City will cut the locks off the hangar doors and request that one of the fixed base operators (FBO) tow the aircraft being stored in the hangars to itinerant aircraft open tiedowns which are managed by the FBOs.  The FBO who is managing the tiedowns will be responsible for collecting any fees owed by the Andrews for parking their aircraft on these tiedowns.  All other personal property in the hangars will be turned over to City surplus for auction or disposal.

4.  1-10-24 Email from Scott Andrews.  Scott’s email states that, “Falcon Warbirds Foundation has continued to make half of the WWII hanger rent payments to the City of Mesa.”  It is our understanding that in November, Scott Andrews mailed a check to the City with an incorrect payment stub dated 10-31-2023, purportedly for rent for the WWII hangar.  Please note that the payment was not made to the address specified in the lease and thus the erroneous payment was not immediately obvious to the City.  No payment was due from FWF given the assignment to WOFF, and the City is not charging (and did not invoice) FWF or the Andrews for use of hangars E-9 and R-2.  The funds will be returned to the sender.  Other than foregoing, the City is not aware of any other amounts received from FWF or the Andrews since the assignment.

5.  1-11-24 Voicemail from Sarah Andrews.  It’s the City’s understanding that Sarah is Scott’s spouse and is not a member of FWF.  Sarah’s voicemail stated, “Will you let Corinne know that I will take down the [statements on] the website…as soon as we get keys to the hangar um all our stuff put back into the hangar and um no more of this lease assignment nonsense in writing.”

Keys.  Please note that FWF and WOFF submitted written requests to the City to change the locks to the WWII hangar.  Once the locks were changed, the City delivered several new keys to WOFF and to the President of FWF.  It was (and is still) in the tenants’ discretion as to whom they distribute keys to access their leased hangar.  Neither FWF nor the Andrews are tenants of, and are not entitled to, keys to the WWII hangar.  In any event, the WWII hangar, including the pilot’s lounge, is under restoration and is not open to use during restoration.

Personal property.  Based on a letter from Mitchell Vasin to you dated November 27, 2023, we understand that the Andrews were given at least a two-week opportunity to retrieve their personal property prior to WOFF placing it on the ramp.  For the reasons described above, the City will not be returning it to the WWII hangar, and it is the Andrews’ responsibility to collect their belongings prior to January 18, 2018, after which it will be turned over to City surplus. 

Lease assignment.  Covered above.

Peter, we know the Andrews would really like to leave their aircraft in hangars E-9 and R-2.  The waiting list for those hangars is over five years long, and but for the September storm damage they never would have been available for use by the Andrews.  There are too many others who have waited a long time for City hangars to become available, and the City cannot justify allowing the Andrews to jump the line as a result of, putting it very simply, internal strife among the directors of FWF that resulted in FWF ceasing to be a tenant of the airport.

Thanks,

Jill

Jill Casson Owen (she/her/hers)
 
office: 520.882.1242 | mobile: 520.991.7649 
email: jowen@swlaw.com

Thanks,

Jill

Jill Casson Owen (she/her/hers)
office: 520.882.1242 | mobile: 520.991.7649 
email: jowen@swlaw.com"

We have collected over the number of signatures it takes to run for a City Council Member Seat in Mesa, but we just want our lease honored and Accountability for the Airport Administration's misconduct. 

It is time to call upon our elected officials for constituent support.