City trying to close FBO. Claims tainted fuel

Ultra:

Have you considered making all relevant documents, photographs, etc. available for download?
 
I'm relatively local and I'm appalled... I love New Braunfels, was born there... but this is silly
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ITS NOT SILLY ITS EVIL AND AGAINST THE LAW. CORRUPT,

CITY HATES COMPETITION.
 
In the last few days several jet operators went elseware other than deal with city.
When the city Jet truck pulled up and asked if he needed fuel the pilot told him to tell the his boss at the city that he will NEVER buy a drop of fuel in New Braunfels if NB Aero closes.

Another was heard on radio when tower asked if they needed a clearance that they were going VFR to San Marcos for fuel.

The word is out and customers aren't liking it.
 
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It appears that New Braunfels is not the only government entity that has displaced a local private FBO. I learned today that Maxair FBO was essentially kicked out of Appleton WI airport KATW and replaced by Platinum FBO. I don't know all of the details but Maxair had been providing service for about 40 years before being replaced. Sad.
 
Platinum == the Walmart of aviation?

Gary F said:
It appears that New Braunfels is not the only government entity that has displaced a local private FBO. I learned today that Maxair FBO was essentially kicked out of Appleton WI airport KATW and replaced by Platinum FBO. I don't know all of the details but Maxair had been providing service for about 40 years before being replaced. Sad.
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Pancake breakfast Saturday April 9 at NB Aero at BAZ. Hosted by the FBO and staffed by Volunteers.

Stop by and show your support !
 
open records act reply CITY COVER UP

17 days ago we filed an open records act request for the results of the fuel analysis from the NB Aero Tanker. Tuesday we received a letter from the citys lawyers saying it was a criminal investigation and could not be released. They forwarded it to the AG for review.

If this is indeed a criminal investigation then I must be a crime victim. Since when does the investigator not ask the victim for evidence and an impact statement? When the crime is commited by a city official thats when.

ITS A COVER UP!

The city is perpetuating this lie to save face and put NB Aero out of business. They are a bunch of incompetant fools that didn't anticipate this kind of reaction from the local pilot community.

Elections are looming for the city council;unfortunately most are running unopposed. However the city manager and airport director are at risk and should be fired for this assault on decent hard working people.

Show your support for our FBO by attending the Pancake breakfast April 9.

Let the city know that you will not be buying fuel from them.
 
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Is this something you can get your local Grand Jury to review?
 
SkyHog said:
Funny that the Airnav Guy isn't in this thread....
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AirNav Guy is here now. Sorry guys, I do not check into POA all the time, and I had not noticed this thread.

Frankly, on a personal level, I find what is happening at BAZ deplorable. It is never good when tenant and landlord compete, it always ends up badly for everyone involved, including the customers.

Having said that, the AirNav comments section is for people to express their opinions of their recent experiences with the businesses listed on the site, mostly FBOs. And it has to be first hand experience, not what you heard somewhere from the friends of a second cousin third removed who went there last year. Simple as that. Full policy is here, and when you post a comment we ask you to check the box that you have read the policy, so please do.

For those who accuse AirNav of siding with advertisers, you are full of it again. At KBAZ, both the city and New Braunfels Aero Service are paying customers of AirNav. Both for well over 5 years. Both are long-time valued customers. So please don't come telling me that we are here to side with the paying customers. We don't, as should be plainly obvious in this case.

So all you guys that went to NB Aero and got great service, post that. All you guys who went to NB Aero and were unable to get fuel because it was shut down, post that. All you guys who went to the City FBO and have first hand experience there, post that. But please stick to your personal experience as a customer. Don't post about what you heard had been the results of some alleged fuel test that you have not performed yourself. Don't post about some lawsuit that you are not a part of. Don't post about what you heard around town of the nasty local airport politics. I am not saying that those opinions are not valid and should not be voiced. I am just saying that AirNav is not a forum for that, because as our policy says, comments are supposed to be about YOUR experience with the FBO. The local newspaper is a much better place to exercise your right of free speech and actually influence the local politics.
 
Re: open records act reply CITY COVER UP

ultrasonix said:
17 days ago we filed an open records act request for the results of the fuel analysis from the NB Aero Tanker. Tuesday we received a letter from the citys lawyers saying it was a criminal investigation and could not be released. They forwarded it to the AG for review.

If this is indeed a criminal investigation then I must be a crime victim. Since when does the investigator not ask the victim for evidence and an impact statement? When the crime is commited by a city official thats when.

ITS A COVER UP!

The city is perpetuating this lie to save face and put NB Aero out of business. They are a bunch of incompetant fools that didn't anticipate this kind of reaction from the local pilot community.

Elections are looming for the city council;unfortunately most are running unopposed. However the city manager and airport director are at risk and should be fired for this assault on decent hard working people.

Show your support for our FBO by attending the Pancake breakfast April 9.

Let the city know that you will not be buying fuel from them.
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File suit and get it through discovery.
 
How was the turnout for the pancake breakfast? Hope you got lots of support.
 
The pancake breakfast went well, Made lots of pancakes, deer sausage and eggs.

City is still trying to bleed money from FBO by not allowing fuel sales.

City is also impeding open records act requests by claiming "Criminal Investigation".

More open records requests submitted.

Local Congressman's office called to assist. Must have seen article in local paper. Gathering information from FAA concerning our requests.

Will post more news as its known.
 
Latest news.
Still no fuel truck. After massive letter campaign our guy went to a city council meeting and made protest known. Demanded return of fuel truck, Release of fuel analysis results and termination of airport manager.

Also provided fuel analysis invoice obtained thru open records request to city council. City paid $5,343 for the testing. stated it was a waste of money.

Next big event is the Banner tow over the city. SAVE NBA FIRE AIPRPORT & CITY MANAGER..... That should wake them up 2 weeks before the election.

Taking candidates for mayor up tomorrow and saturday and they will hear our complaints.
 
Lord how long is this investigation taking? You ever think of getting the Fed's involved or your state legislator?
 
The city or whatever political group you're fighting always thinks they can stonewall and out-last their opponent. Unfortunately they're usually right. The FBO and its supporters are in for a long miserable battle.

AdamZ said:
Lord how long is this investigation taking? You ever think of getting the Fed's involved or your state legislator?
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Hmmn. Sounds like municipal racketeering to me.....something that the Federal district Attorney might be interested in...
 
I suggest a televised sit in, at city hall. Make sure you have some pretty girls, in attractive outfits to get the cameraman's attention and lead a bit of polite civil disobedience, right in their face, just in time for the election.
Small city news is often pretty boring. Give them a hot chick and some angry citizens, and you can't lose.
 
1. It is ILLEGAL for ANY government agency to seize anything over $20 in value. They MUST bond or pay for it in order to take it at all. This is a FEDERAL court matter. Illegal seizure without due process. Only a judge can order seizure. Read the Constitution. There is no such thing as administrative seizure allowed. It is a matter of court only.


2. Since they will need to be in Federal Court, sue for DEFAMATION and LIBEL. THis is a mandatory 200,000 award, PLUS costs and actual losses in sales and income etc.

Do not sit still!!!
 
hmm - what's the difference between seizure and forfeiture? I know that the asset forfeiture process can start with the asset being "taken into custody" long before a judge gets involved. And seizing the truck for evidentiary purposes is not the same thing as seizing it for forfeiture.

In the war on drugs and the zero tolerance days, if we found any drugs (even a pot seed or roach), we (the USCG) would arrest you, take your boat, and then call the US Marshal's service who would take custody of it. Some folks got their boats back, most didn't.

I'm GUESSING (based on the data to date) that the city took the truck both as evidence and to prevent any more of the "tainted" fuel from being dispensed. That's not a forfeiture and whatever state laws or processes apply to the custody and return of evidence would be what matter here. I've heard the word "investigation" in the thread and I get the impression that there is a criminal case being built (or alleged).

I don't agree with the actions of the City. I'm just not sure that your assertions about this being an illegal seizure are correct.
 
Latest updates.
Took Mayor candidates on a flight. They heard our concerns. City attorney has been let go by city council. City has applied to FAA to use its proprietary exclusive rights to sell fuel. However, we have new proof that city has lied about many airport issues. When asked to provide tower radio records city said they weren't city property, FAA says they are and contract with tower operator says so also. Letters to council proving this got radio records released. Shows airport management attempting to hide radio out of service.
Tx AG ordered release of fuel analysis invoice to us. $5400. to prevent the sale of $4000 worth of fuel.
Fire marshal investigated fuel supplier and found WORLD CLASS facility. Now who are they investigating?

Will have Banner tow this weekend. Fire city and airport manager!
 
ultrasonix said:
Latest updates.
Took Mayor candidates on a flight. They heard our concerns. City attorney has been let go by city council. City has applied to FAA to use its proprietary exclusive rights to sell fuel. However, we have new proof that city has lied about many airport issues. When asked to provide tower radio records city said they weren't city property, FAA says they are and contract with tower operator says so also. Letters to council proving this got radio records released. Shows airport management attempting to hide radio out of service.
Tx AG ordered release of fuel analysis invoice to us. $5400. to prevent the sale of $4000 worth of fuel.
Fire marshal investigated fuel supplier and found WORLD CLASS facility. Now who are they investigating?

Will have Banner tow this weekend. Fire city and airport manager!
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Wasn't AOPA supposed to get involved? What happend with that?
 
TLDR, but here is the scoop.

I live in New Braunfels, and have talked with the owner of the FBO about it. He is a very honest man, and a friend. The sole purpose the city is making these allegations is because they want to be able to corner the market for fuel at the airport. The airport manager out here is interesting to say the least. It's a bad deal.

The city has no grounds to make these allegations.
 
DavidWhite said:
TLDR, but here is the scoop.

I live in New Braunfels, and have talked with the owner of the FBO about it. He is a very honest man, and a friend. The sole purpose the city is making these allegations is because they want to be able to corner the market for fuel at the airport. The airport manager out here is interesting to say the least. It's a bad deal.

The city has no grounds to make these allegations.
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Jeez. Around here the county wanted a second FBO to help promote competition in fuel prices and such. Well, purportedly.
 
JesseD said:
Jeez. Around here the county wanted a second FBO to help promote competition in fuel prices and such. Well, purportedly.
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Not when the county is the FBO and they want the fuel sales.

We have that here, 4 GA airports in the County with the County owning the airports, running the FBO service, and controlling all of the tie down and hanger leases. Plus all the businesses, maint, flight school, etc must have leases and operating permits with the county Dept of aviation and approved by the county commissioners.
 
Sorry I've been away, Latest News.

After a very active 2 weeks the city has been blasted by local guys in media and letters to congress, TxDOT and FAA. We got info thru open records laws and discovered many interesting facts but its the money that will get them. City countered with old news repackaged radio reports to try to keep up. The city attorney welcomes an investigation. The next day he got one.

AOPA has requested last 2 years of Airport financial records plus other records.

We have uncovered the citys plan to take over fuel sales going back to April 2009. They cannot deny this.

Last year the city lost $368,000 in their airport operation. We also discovered the city needed to spend $114,000 to bring their fuel farm up to standard. They got this money by issueing certificates of obligation. While the city manager was telling the press about NB Aeros alleged problems they were in deep kimchee themselves. I looked at their fuel farm and found several problems from 10 feet away. Keeping them in my back pocket for now but I could probably put a big danger tag on their operation.

One of our guys sent a letter detailing the citys violations to FAA and TxDOT last week and seconded by several others. Now we have proof and they can't wiggle off.

Stay tuned for more.
 
I think I've suggested this before, but get your local Grand Jury to investigate. They have unlimited investagative powers in the local government. If there is something rotten, they should be able to find it.
 
The grand jury is involved But for the wrong side. Thats all I know.

More letters have been written to Congressman, FAA and TxDOT. They still think this is a landlord-Tenant dispute and not a violation of law by the city. Latest letter below seems to have forced an investigation. Some have received answers by TxDOT that are not true and we proved it. Going to let process work and rebut any false statements by city and TxDOT as they have proved they cannot look at this fairly.

I wish I could post all of the information from open records requests but space wont allow.
See latest letter below.


May 12, 2011


Dear Sir, Madam

I had made a specific request to Congressman Lamar Smith concerning the ATCT radios at BAZ. For an extended period of time the ground frequency was out of service. After attempting to get this information from the city and being told that they were the property of RVA the Tower contractor I asked my Representative. I came to the conclusion that the City Airport Director was attempting to cover up the fact that the radio was out of service for months. When I made a complaint to NB city council in a letter with the city's contract with RVA and Lamer Smiths remarks attached the city released the records.

Using open records requests I determined the Airport Director failed to convey this information to Mr. William E. Mitchell, Airport Certification Safety Inspector in a Vehicle/Pedestrian Deviation that occurred on September 30, 2010. Item #9 of Mr. Mitchell's letter to the Airport Director asked if equipment failures contributed to this deviation.

Other matters of concern: On March 9, 2011 the City Served a Temporary restraining Order against New Braunfels Aero Service. This TRO shut down the FBO claiming the FBO was selling contaminated fuel. Specifically stated was "cross contamination of fuels." On March 11, 2011 the City seized the 100LL fuel truck.

When I contacted the Airport Director a few minutes after being notified by NB Aero of their requirement to inform me of the possibly contaminated fuel I was told the fuel was contaminated and I needed to change it and file with the FBO's insurance for reimbursement.

On March 12, 2011 NB Aero provided me with a fuel analysis report from Alcor Petrolab stating the fuel "Meets ASTM Standard D-910 for aviation gasoline. No contamination by a heavier product."

I decided to dispose of the fuel by flying the aircraft and have had no indications of fuel problems.

I contacted the City for their analysis results and was told that the fire Marshal was conducting an investigation. I visited the fire Marshal and informed him of the analysis by Alcor and read him the results. I then filed an open records request to obtain the results of the city's analysis. My request was denied citing a criminal investigation was in progress. I then filed another open records request requesting all invoices for the tests. The city refused but the TX AG denied their request. The cost was $5,343.

Many local pilots also requested the results and were denied. We decided to investigate the city's actions at the airport.

Lamar Smiths office contacted me with information and I relayed my concern that the city was engaging in racketeering to prevent NB Aero from selling fuel. Specifically, the city was organizing to hinder interstate commerce by illegally seizing the 100LL fuel tender and by intimidation. This is the information that you received and responded to. In his response to me Lamar Smith revealed that the city has asked TxDOT if it could exercise its proprietary exclusive right to provide fuel at the airport. Since NB Aero is a woman owned business I believe her civil rights have been violated.

We knew the city was hiding something so we began to request information under open records laws and reviewed city council agendas and minutes. We discovered that the city was attempting to gain proprietary exclusive rights to sell fuel by entering this into the new airport rules. However this was blocked because the city has a contract allowing NB Aero to provide its own fuel from its supplier. This new rule was passed by city council in September 2010. The exception was also in the new rule.

In October the city began rigid enforcement of building codes at the airport eventually driving some tenants from the airport (Engine Components Inc). After many weeks of inspections what seemed like harassment began to slow. Then the city building inspector condemned NB Aero's fuel farm for minor violations. Corrosion protection was the major complaint.

We have recently learned that the Airport Director has requested $114,000 from city council to bring his fuel depot up to code. (April 2010 city council meeting) .

The city began a campaign to intimidate NB Aero's fuel supplier and their fuel hauling company. NB Aero then found another supplier, VP Racing.

VP Racing delivered a load of fuel on March 5, 2011. Their tanker entered the airport next to the city terminal because the driver was not familiar with the airport and unloaded at NB Aero. The Placard on the Tanker was 1268.

Since the Airport Director is not fully informed about DOT Placards he assumed that the fuel was not AVGAS because he " was taught by Air BP that AVGAS came in a tanker Placarded 1203" (his words). Thus he claimed the fuel was contaminated. This assumption led to the TRO. Actually, all gasoline including automotive gasoline and gasoline containing ethanol is Placarded 1203.

The tanker was actually placarded correctly because it was a multi- compartment tank.

We believed that when this was discovered the city would release the TRO and return the truck. It didn't. Instead the city increased its public relations campaign against NB Aero. The City Manager wrote an article in the local paper detailing NB Aero's Alleged violations at the fuel farm that the city owns but he failed to mention the repairs required to the city's fuel depot. The city recently had the radio station run as news rehashed imformation claiming felony criminal charges were possible in the NB Aero case.

The Airport Director also led a convoy of 8 vehicles and parked on the NB Aero ramp. The occupants went into NB Aero's premises and began to "measure" the building. The Director also insisted a photographer stop taking pictures of the event claiming security violations. The Director called the police. The Police arrived and no charges were filed because no laws were broken.

As we dug deeper we found other evidence that the city was engaged in a campaign to eliminate NB Aero. We found letters to TxDOT asking about exclusive rights, TxDOT asking about other airports that have exclusive rights. The city Jet Hub plan. Where would it be?

The big question: Why didn't the Airport Director contact the FAA concerning this fuel safety matter?
Does the FAA have authority over aviation fuel safety? Why did he wait 5 days before filing a TRO?
If his allegations were true the consequences of his lack of urgency in this matter might have been deadly.

We believe he had an agenda. The Director was hired to get Sam Adams off the field. This is only hearsay but I spoke to a pilot who heard the Director say that in the city terminal.

I myself contacted the SAT FSDO concerning the fuel and never received a response to my message. Others did speak to the FAA and have had no satisfactory answers to this question.

There are also questions concerning the city's finances at the airport. We have discovered that the city has given $20,000 to a business at the airport and is making $70,000 of improvements to their offices, replacing heating and a/c systems and replacing an air compressor and air lines. The city has also approved funds ($169,000) to increase the door height of this building. We learned all of this by reading the August 9, 2010 city council minutes. None of these improvements are stated in the recent lease with the city. It also appears that the tenant is being allowed to not pay rent in a timely manner as the monthly rent collections are irregular and roughly equal the rents due by this tenant. We determined this by reviewing the city's airport ledger.

With the vast amount of information available we believe we have provided enough information for you to begin an investigation. We have yet to finish reading and analyzing data but expect more information to be forthcoming.

I also believe there is reason to investigate the City for various AIG violations. I have shown a predetermined pattern of behaviors to violate the civil rights of NB Aero, its customers and employees and misappropriation of funds.

Why would the city do these things? Last year it lost $368,000 (at least).

I have been told by reading the newspaper and your emails to my representative that you would welcome any information provided in this matter. Please consider this my formal complaint to you concerning the activities of the City of New Braunfels at the Airport. Hopefully the information provided and a little investigating will prove my previous allegations are criminal and AIG violations and not just a landlord- tenant dispute as stated by FAA. Yes this is the Airport at which the sponsor is trying to breach an FBO's contract to sell fuel. The overall size of this conspiracy grows with each day as the city lies must become bolder to cover its actions. Thousands of taxpayer dollars have been wasted in this fiasco perpetuated by the city.


Your prompt attention to this matter is requested to prevent further injury to NB Aero, its customers, employees and the reputation of the airport for it is now known as a place to be avoided.

Respectfully,
 
OK Guys,
The last letter got the FEDS, TxDOT, Lamar Smith, and others involved. Looking at citys booksfor Fraud, AIG violations. The City of New Braunfels has put out false facts but we had the proof that they were Not telling the truth and forwarded it to FEDS. We don't want to give it all up at once because its a paperwork nightmare keeping track of all the facts. Just the emails we have through open records requests is mind boggeling.We will try to rebutt one or two items a week. After all we have jobs too.

We know the city is worried. The chamber of commerce is pushing for resoloution. They are afraid of losing the airport indenture. They have 6 million+ in construction going on and planned using fed funds that they might now lose.

People that the city has screwed in all sorts of businesses have contacted us wanting to tell their story. It gets bigger every day. We are now hoping to put these stories together and present to a Federal Grand Jury showing the city is involved in racketeering. We believe we already can show this at the airport.

Stay tuned guys. You can't make this stuff up.
 
ultrasonix said:
OK Guys,
The last letter got the FEDS, TxDOT, Lamar Smith, and others involved. Looking at citys booksfor Fraud, AIG violations. The City of New Braunfels has put out false facts but we had the proof that they were Not telling the truth and forwarded it to FEDS. We don't want to give it all up at once because its a paperwork nightmare keeping track of all the facts. Just the emails we have through open records requests is mind boggeling.We will try to rebutt one or two items a week. After all we have jobs too.

We know the city is worried. The chamber of commerce is pushing for resoloution. They are afraid of losing the airport indenture. They have 6 million+ in construction going on and planned using fed funds that they might now lose.

People that the city has screwed in all sorts of businesses have contacted us wanting to tell their story. It gets bigger every day. We are now hoping to put these stories together and present to a Federal Grand Jury showing the city is involved in racketeering. We believe we already can show this at the airport.

Stay tuned guys. You can't make this stuff up.
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Keep up the good fight. The city probably thought you all would tire out and they'd win long term. Prove them wrong.
 
I got an e-mail response to my letter sent to the N B mayor, claiming he doesn't trust the city manager but refusing to take action until the criminal side of the complaint is resolved. I wrote back accusing him him of hiding behind the fake criminal complaint, ginned up to avoid taking action and he said if I think he is doing that to, "Bring it on." Then he informed me that he was recently re-elected and "safe" in his job.

Sounds like a career politician to me.
 
Florida Cracker said:
I got an e-mail response to my letter sent to the N B mayor, claiming he doesn't trust the city manager but refusing to take action until the criminal side of the complaint is resolved. I wrote back accusing him him of hiding behind the fake criminal complaint, ginned up to avoid taking action and he said if I think he is doing that to, "Bring it on." Then he informed me that he was recently re-elected and "safe" in his job.

Sounds like a career politician to me.
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He CAN be recalled.. it just happened in a local small town down here..
 
Florida Cracker,

The mayor recently reached his term limit and is now the EX mayor as of the 23rd of May. The new mayor is a woman. The guy you are speaking of may be a councilman from district 6 as he just ran unopposed for his second term. He is a good guy.
As I understand it there are (were now since election) 4 council members that want the city manager gone.

Today the city rehashed as news an article repeating the same lies its said for months. Probably in retaliation for NB Aero getting its fuel farm approved by the building inspector. City manager now needs to actually give permission for NB Aero to operate fuel farm. Talk about conflict of interest. The whole process is designed to bleed money from NB Aero. The longer the city can stall the better their chances are of winning.

The airport is like a ghosttown. Not much activity. Word has spread like the plague that the city operation is a monopoly and pilots avoid it. Local pilots go elseware for fuel.
 
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