City trying to close FBO. Claims tainted fuel

Henning said:
Has anyone approached a US Federal prosecutor on this?
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That won't necessarily provide the desired outcome.

F'rinstance, the Feds step in, investigation reveals someone lied to a federal official. They got their man, close shop, adopt "don't call us, we'll call you" attitude. Case close as far as feds are concerned.

IOW, bringing in the feds should be but a part of a larger strategy rather than reliance on the feds to uncover all the alleged graft.
 
Just to keep you up to date. The city Airport Advisory Board Meeting is scheduled to be held Wednesday August 10 at 6:30 pM in the city terminal. :yesnod:

This will be the first meeting for 3 new appointees. :eek:

We have a large group committed to attend. All are invited to attend and your pressence will be greatly appreciated. :yesnod:

City open records requests will be available for those that would like to join the investigation or get them here: http://www.ci.new-braunfels.tx.us/DocumentView.aspx?DID=1128 :D :idea:

Should be an interesting meeting. :yikes:

ALSO, citys lawyers have requested all emails to/from POA members. To save paper Send them here: :idea:

Not sure who to send it to so take your pick below. :hairraise:

Mayor Pospisil mayor@nbtexas.org :hairraise:

Councilman Zapata rzapata@nbtexas.org :confused:

Mayor Pro Tem Goodner mgoodner@nbtexas.org ;)

Councilman Ybarra mybarra@nbtexas.org :confused:

Councilwoman Nolte snolte@nbtexas.org :redface:

Councilman Miranda bmiranda@nbtexas.org :confused:

Councilman Digges sdigges@nbtexas.org :D

City Manager Morrison mmorrison@nbtexas.org :yikes: :nono: :rofl:

Assistant City Manager Camareno rcamareno@nbtexas.org :confused:

Airport Director lllerena@nbtexas.org :nono:

Be nice, some are on our side :) :rofl:
 
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Great attendance at airport advisory board meeting. Many voiced various concerns at airport. Airport Director in denial as usual. LOL.

TXDOT has warned Airport Director repeatedly about city rule of prohibiting maintenance in hangers. It is a violation of Grant Assurances. :nono:

We'll see if he listens. :yikes:
 
In light of the other more important allegations of wrong doing, I wouldn't pursue the 'mx in hangers' thing too much. People act like peckerheads when it comes to storing solvents, rags, etc. Let each occurence take care of itself.
 
Richard said:
In light of the other more important allegations of wrong doing, I wouldn't pursue the 'mx in hangers' thing too much. People act like peckerheads when it comes to storing solvents, rags, etc. Let each occurence take care of itself.
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I agree, this is a predictable tactic... Gloss over the critical items and show concern about a issue that is easiely remedied. That shows the TXDOT is " at work" but not addressing the major problem... Ultra, I guess my next question is , does the NB FBO have their fuel truck, farm and fuel sales back in operation ? If not it is the usual plan of starving the party to have them go under before the real issues are fixed.

IMHO.
 
NO, NBA does not have their fuel truck. No they are not selling any type of fuel.
 
Slidell, LA must have relatives in TX

Relationship Between Slidell Airport Tenants and City Deteriorating -
Back in late May we learned that Slidell Airport Manager Sam Carver was being laid off due to budget cuts by the current Slidell City Administration. Almost immediately we received reports that the relationship between the Slidell City Administration and the airport tenants was deteriorating rapidly. Tie down fees almost doubled overnight and services such as grass cutting was being reduced. Apparently things have continued to deteriorate to such a point that now legal action is being considered.

Here is a letter from airport tenant and local attorney, Glenn McGovern, to the other airport tenants documenting the latest events in this ongoing saga and calling for the immediate reactivation of the Slidell Airport Users Group.....
Ladies and Gentlemen:

There has been talk for some time of the City of Slidell wishing to take over the fuel sales at Slidell Airport and raise AV gasoline prices to over $6.00 per gallon. Now this is becoming a reality.

On August 11, 2011, Airport Manager Felicia Carpenter called Bill Huete in for an unannounced "meeting". Tim Mathinson CAO entered the room. Tim Mathinson and Felicia Carpenter approached Bill Huete, a senior citizen and FAA A&P licensed mechanic at Slidell Aviation, and began to scream that Bill Huete and Borden Wallace of Slidell Aviation were "liars" and notified him they wanted his keys immediately. The long time Phillips AV gas dealer could not deliver fuel timely and apparently Mr. Tim Mathinson was upset. But that does not excuse the conduct that followed.

Tim Mathinson yelled at Bill Huete he was "banned" from Slidell Airport, and "demanded his keys to the airport" building and office that Slidell Aviation keeps in the airport building. Tim Mathinson then not only attempted to illegally evict Bill Huete, a licensed FAA mechanic, now employed by Daybrook Fisheries, from the Slidell Airport but grabbed his hand to use physical force on the senior citizen to block him from reaching the door knob to prevent Bill Huete from leaving the office since Bill Huete got very upset at the screaming and verbal abuse of Tim Mathinson CAO. Acting under color of state law, Tim Mathinson violated 42 U.S.C Section 1983 and also violated the FAA Grant Assurance Clause that does not allow any airport official "to ban" any member of the public from an airport that receives federal funds.

Notice of Tim Mathinson's conduct was immediately sent to the Mayor, City Attorney and CAO Tim Mathinson on Aug. 11, 2011, by letter from me after I was contacted by a very upset Mr. Huete. Felicia Carpenter refused to return Bill Huete's keys when requested access to the office of Slidell Aviation saying she had to call Tim Mathinson CAO before she could return them.

On August 12, 2011, a notice of termination of lease was sent to Tommy Van Ness of Slidell Aviation, as attached.

The City CAO has acted improperly to say the least with the outrageous wrongful eviction of Mr. Bill Huete and Slidell Aviation, humiliation and defamation of Mr. Huete by screaming he was a liar and Mr. Borden Wallace of Slidell Aviation was a liar. No public official should treat any citizen much less a senior citizen and airport user in such a degrading manner, especially when their actions are illegal. Mr. Bordelon of Slidell Aviation was told by Mr. Tim Mathinson "he is CAO and he can do what ever he wants". We all need to tell him enough is enough and he cannot violate rules of common courtesy and state and federal laws.

It is clear the City is now going to attempt to take over the fuel sales and prices will go up over $6.00 per gallon when they get control of the fuel sales.

We have had problems in the past with the City of Slidell and the Slidell Airport years ago. We all organized the Slidell Airport Users Group, filled the City Council Chambers to make our voices heard and obtained reforms needed. That need for that group and our immediate action to remedy this deteriorating situation with Slidell airport management has now returned. This letter is a wake-up call for all airport users to serve.

I am reactivating the Slidell Airport Users Group immediately. We need to make our voices heard through addressing as a large united group, the City Council, the Mayor and petition to remove Tim Mathinson and any persons who are responsible. All City of Slidell employees who played any role and condoned this illegal battery of Bill Huete, and eviction of Bill Huete and Slidell Aviation, who helped all of us for decades at Slidell Airport. It litigation is needed, so be it. Formal complaints to the FAA and the violations of the Grant Assurance Clauses are needed and will be made.

I will be contacting all of you regarding a meeting we need to have soon at one of the hangars on Slidell Airport. I will be filing Freedom of Information Act requests to gather all information at to the City of Slidell's intentions. Something is not right. We need to contact our councilman and mayor. Tell them in writing that you oppose changing AV gasoline vendors from Slidell Aviation. Tell them that any CAO's and any airport employees that act with such outrageous, bad conduct should be removed from public service. Tell them that you oppose higher AV gasoline prices. One of Tim Mathinson's CAO's complaints to Slidell Aviation in the past was that fuel prices were set too low.

There has also been an ongoing problem with lease renewals and the administration granting some and not granting others in a discriminatory manner. We need your help and voice. I urge all of you to contact the mayor and your Slidell Councilman in writing immediately to let them know you are not happy with the present CAO and airport administrators and want changes now.

GLENN C. McGOVERN
Attorney at Law
Pilot and airport tenant
P.O. Box. 516
Metairie, La. 70004
Ph. 504- 456-3610 office
Ph 504-456 3611 fax
Cell 504-908-1404
email gcmcg@mac.com
www.glennmcgovern.com

Attorney at Law
Mailing address: P.O. Box 516
Metairie, La. 70002
Physical address: Suite 101 2637 Edenborn Ave, Metairie, La. 70002
Ph. 504 456 3610
Fax. 504 456 3611
Toll Free 1-800-721-392
gcmcg@mac.com
www.glennmcgovern.com
La. Bar No. 9321
AV rated by Martindale-Hubbell
33 years trial experience
Here are some links to some associated documents:
Letter from City Administration Terminating Slidell Aviation’s Lease
Letter from McGovern Notifying City Administration of Illegal Actions
Letter from McGovern to City Administration Requesting Information
If anyone would like to provide more information on these issues please contact LaAviator@cox.net.
 
David,
The reason NBA is not selling fuel is $$$$$$$$$$$. The cost of insurance to pump fuel is very expensive. They can not take the chance of purchasing fuel and insurance as long as the city has made its intentions known that they will not allow fuel sales. We're talking tens of thousands of dollars that may be wasted / lost should the city engage in another police action.

It's really up to the lawyers now. These things move slowly.
 
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ultrasonix said:
David,
The reason NBA is not selling fuel is $$$$$$$$$$$. The cost of insurance to pump fuel is very expensive. They can not take the chance of purvhasing fuel and insurance as long as the city has made its intentions known that they will not allow fuel sales. We're talking tens of thousands of dollars that may be wasted / lost should the city engage in another police action.

It's really up to the lawyers now. These things move slowly.
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Just a WAG but if NBA is voluntarily not selling fuel, how could they reasonably expect to recoup their economic loss once the dust settles?

Pit that against the scenario where NBA has tried their darndest to sell fuel yet the city has a restraining order or whatever which prevents NBA from exercising the terms of their lease agreement with the airport.
 
ultrasonix said:
David,
The reason NBA is not selling fuel is $$$$$$$$$$$. The cost of insurance to pump fuel is very expensive. They can not take the chance of purchasing fuel and insurance as long as the city has made its intentions known that they will not allow fuel sales. We're talking tens of thousands of dollars that may be wasted / lost should the city engage in another police action.

It's really up to the lawyers now. These things move slowly.
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Wait, they're choosing not to sell fuel because they think the city might some day stop them?
 
I am unaware of what ya'll might call it but under the contracts I held with various govt agencies, it would be termed as voluntary Stop Work which would then make me unqualified to perform and constitute a breach of contract. That would also expose me to additional liquidated damages plus associated attorney fees. The hits keep coming.

No, the best practice is to continue to fulfill the terms of the agreement to the best of your ability. If this means to continue to pony up the $$$$ for insurance then that is what you do. The basic tenet here is to perform in good faith and maintain that until the very end.

One possible reason for NBA to not pay the $$$ for insurance is to incur a purposed breach. Why they would do that is beyond my desire to speculate.
 
Thats not the way I read his post. If a party tells you they won't allow something one may be very justified in mitigating their damages by not doing what ever it is the other party will not permit.
 
I may be mistaken, but I believe that they are still under the temporary injunction. Could be talking out of my... attitude.
 
ultrasonix said:
David,
The reason NBA is not selling fuel is $$$$$$$$$$$. The cost of insurance to pump fuel is very expensive. They can not take the chance of purchasing fuel and insurance as long as the city has made its intentions known that they will not allow fuel sales. We're talking tens of thousands of dollars that may be wasted / lost should the city engage in another police action.
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In addition to not being admitted in TX, there are a lot of potential issues here, including some constitutional-type stuff. I wish I had more to offer.

It's really up to the lawyers now. These things move slowly.
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That they do. It's an unfortunate part of our system.
 
AdamZ said:
Thats not the way I read his post. If a party tells you they won't allow something one may be very justified in mitigating their damages by not doing what ever it is the other party will not permit.
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Is there any cease and desist currently in effect? My comments assumed no written order was current.
 
SCCutler said:
I may be mistaken, but I believe that they are still under the temporary injunction. Could be talking out of my... attitude.
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Goodness, if the almighty Spike can't keep up who can? Certainly not a lesser mortal such as me.
 
AdamZ said:
Thats not the way I read his post. If a party tells you they won't allow something one may be very justified in mitigating their damages by not doing what ever it is the other party will not permit.
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How would that play out before the judge?

City: "Your Honor, NBA quit their contract with the airport owner to sell fuel."

NBA: "They told us to quit."

How likely is it that NBA would suffer an apportioned share of damages to the airport (including loss of federal funds) which resulted from a city-issued injunction?
 
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Also, thinking more about NBA's response to the city's position of preventing further fuel sales by NBA; Is NBA required to serve notice of quitting fuel sales?

It may be a technacality but you know how that goes in when administering justice.
 
OK Guys, Here is another attempt to make things as clear as I can.

1. February.....The city closed NBA's fuel farm which it leases from the city claiming it was unsafe.

2. March.......The city siezed the NBA Avgas truck with TRO............... City is now holding Avgas truck under police powers as part of a "Criminal Investigation."

3. May..... NBA made repairs to fuel farm and work was approved by the city building inspector.

4. Since the fuel farm is owned by the city, the city was actually ordered to close the fuel farm. NBA needed the city's permission to begin using the fuel farm. They need a certificate of occupancy to put it in to use. City has denied this.

The city says it will not allow them to sell fuel citing past performance.

5. NBA needs to provide insurance to sell fuel. This is very expensive and non refundable. Should NBA make that expenditure and purchase fuel and the city uses another trumped up charge to close them down they will now have spent tens of thousands with no way to recoup their funds.

Thats why they are not selling fuel.

Any More questions?
 
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Richard said:
Is there any cease and desist currently in effect? My comments assumed no written order was current.
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Richard said:
How would that play out before the judge?

City: "Your Honor, NBA quit their contract with the airport owner to sell fuel."

NBA: "They told us to quit."

How likely is it that NBA would suffer an apportioned share of damages to the airport (including loss of federal funds) which resulted from a city-issued injunction?
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Can't say how it would play out in the State of Texas but in PA a court would not necessarily require the one party to incur a risky expense. I can actually envision a situation where Party "A" forbids party "B" from doing something party "B" does it and looses money and sues "A" and "A" defends by saying told you we would't let you do it so your loss is your fault.

Regardless Chris answered the question. Apparently the city has NBAs truck so there ya go.
 
When this fiasco started the city manager and city attorney claimed they were just trying to make the airport safe for all. They didn't want to become a monopoly in fuel sales even though the city claimed proprietary exclusive rights to sell fuel in September 2010. See BOLD PRINT.

The following is an excerpt from an Article in the Herald and the numbers show otherwise.


• OK'd a budget amendment showing the city's aviation fuel sales operation has experienced higher sales than anticipated at the city airport. The amendment shows an increase from the expected $250,000 to $760,000.

 
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They've made their lawyers jobs safe. Well, maybe two of them, anyway... going by those numbers. ;)
 
Of what time period is that $760,000 and does it include the time when NBA stopped selling fuel?
 
Yes, this includes the time that NB Aero isn't selling fuel. The city has yet to return the fuel truck or allow fuel sales by NBA.
 
ultrasonix said:
Yes, this includes the time that NB Aero isn't selling fuel. The city has yet to return the fuel truck or allow fuel sales by NBA.
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So can the city keep the truck indefinitely? Have they filed charges against the FBO?
 
I'm still confused. They have a fuel farm, they have a license to sell fuel.

The city says "We're not stopping them from selling fuel," publicly. Why is that not enough to start using the fuel farm? If the city stepped in, you have the city, on public record saying they'd allow it, right?
 
Lease a truck. Resume operations. Watch bureaucratic heads explode.

Pay for lease through fuel sales. Not making any money right now anyway.

Generate cash-flow specifically to screw with the city. Gives solid numbers for suing for lost revenue from confiscated truck, too.
 
It's more complicated (and expensive) than just leasing a truck and selling fuel.

The cost of the insurance to sell fuel and the cost of the fuel itself could be lost if the city jumped in and stopped the sale of fuel. Then all that money would be lost with no chance of recovery. It was explained a few pages back.

Also............................everything we say here is being read by the city and its lawyers for sure. They are a crooked bunch and will stop at nothing to force NB Aero from the airport. They have big plans you see. Dreams of hotels and restaurants and another FBO even though the Mayor didn't know what FBO means. Just today the city planned an illegal meeting by not giving the required public notice. It was stopped by reporting the fact to every newspaper and TV station by email and suggesting jail to the city leaders for violating the open meetings act..... It worked. Monday information from another illegal airport meeting was used in a city council meeting. One of the honest city council members brought this to their attention and they ignored it. They later got all holy seeking redemption with another issue concerning placement of notification signs for a proposed parking lot for our sacred waterpark because the required signs weren't visible from the street. I know, whats that got to do with anything. It wasn't voted on. They were just told to come back when things looked better (when no citizens were in the audience to voice their concern against it).

So now you are up to date. Just rest assured that a plan is in the works.

We await the city's next blunder.

Today's illegal agenda was just an alarm clock ringing in the night.

In another matter. Since the state has had an unusual amount of wildfires, the Bastrop fire with the loss of 1,500+ homes and more are expected in the years to come a base is being sought to hot fuel and water several large water bombers. This involves the installation of service pits, water, fuel, shop,dorms etc. such as at several airports in California. Fortunately BAZ doesn't have the ramp space for this type of operation with its present plan of a business park in the SW side of the airport. HYI is ideal for this operation.

L8er
 
OK, let me first say that I spent a couple of hours reading through this whole thread. I offer a little friendly advice.
I have been politically active in North Texas since 1996. I served two terms on the City Council in the town where I used to live and was elected to the City Council this spring in a town of around 40,000.
You are going about this all wrong in my opinion. Fighting the bureaucrats will get you nowhere. They are entrenched in this matter and will fight you for the sake of fighting you.
You need to go after the elected officials, and how you do that is promise them that you will have a slate of candidates run against them in the spring. Organize a PAC and start raising money for just that option. Make the campaign about more than just the airport, add the other issues you have addressed along with the general feeling of corrupt government as your cause celeb.
If you continue down this path, the only people that will win will be the lawyers. If you promise to make a sweeping change to the government of NB, you will win. The candidates and the PAC need to stay above the fray, and as mentioned more than a few times, you need talking points and stick to them. You have confused the issues at hand many times, and you need to get a message and stick to it.
I’m sure there is a PR guy or lawyer in your area that is also a Pilot, you need to get him to organize these talking points, and you need to distribute them to all the people around the airport. You need a single source to deal with the newspaper and TV stations, and that person needs to stay on message.
And most of all, as hard as it is, you need to take the emotion out of it. That is the hardest part, and if you are able to do it, you will win. You and your brethren keep getting emotional and going off on tangents, the voters will see you as a bunch of single issue lunatics and you will be defeated.
Again, my two cents, it is worth exactly that.
 
The best "two cents" I have read in a long time...
 
cowtowner said:
OK, let me first say that I spent a couple of hours reading through this whole thread. I offer a little friendly advice.
I have been politically active in North Texas since 1996. I served two terms on the City Council in the town where I used to live and was elected to the City Council this spring in a town of around 40,000.
You are going about this all wrong in my opinion. Fighting the bureaucrats will get you nowhere. They are entrenched in this matter and will fight you for the sake of fighting you.
You need to go after the elected officials, and how you do that is promise them that you will have a slate of candidates run against them in the spring. Organize a PAC and start raising money for just that option. Make the campaign about more than just the airport, add the other issues you have addressed along with the general feeling of corrupt government as your cause celeb.
If you continue down this path, the only people that will win will be the lawyers. If you promise to make a sweeping change to the government of NB, you will win. The candidates and the PAC need to stay above the fray, and as mentioned more than a few times, you need talking points and stick to them. You have confused the issues at hand many times, and you need to get a message and stick to it.
I’m sure there is a PR guy or lawyer in your area that is also a Pilot, you need to get him to organize these talking points, and you need to distribute them to all the people around the airport. You need a single source to deal with the newspaper and TV stations, and that person needs to stay on message.
And most of all, as hard as it is, you need to take the emotion out of it. That is the hardest part, and if you are able to do it, you will win. You and your brethren keep getting emotional and going off on tangents, the voters will see you as a bunch of single issue lunatics and you will be defeated.
Again, my two cents, it is worth exactly that.
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SCCutler said:
The best "two cents" I have read in a long time...
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:yeahthat:
Couldn't have put it better myself.
 
New Braunfels also has elections by districts, not city wide. Much easier to get elected (the town I live is is City Wide, I spent over $10k on my election because of this). I can't find a copy of their city charter on their website, you might request a copy....it will tell you the ability the citizens have in petitioning the government and recalling elected officials (if it comes to that). A threat of a recall should only be a last result, as it will politically tear apart a city and if you lose, you will lose all influence for a generation.

As you can see here, it wouldn't take that much to get somebody elected. Let me know if you need help starting a PAC (actually in local governments it's called a SPC (specific purpose committee), I don't want to run afoul of the abbreviation police that have already shown up on this thread), there is certain paperwork that you need to have filled out and filed with the City Secretary before you start raising money and representing yourself as a political organization.
 
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