City trying to close FBO. Claims tainted fuel

Steve Foley said:
I think you should find Jay's instructions for his Mighty Grape (or whatever he called it) auto-gas fuel truck. From what I recall, it was an old pickup with a 49 gallon takn in/on the back that he used to fill his plane with autogas.

Loan that out as a courtesy car and let the pilots drive down the road, pick up a load of autogas, and fill their plane.

Pilots are happy, city is deprived the sale, and the FBO isn't 'selling' gas, so is out of the loop.
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It would not be wise in that environment. Jay is bending the law with his tank (size), and hazmat endorsement requirements. Putting that truck into that environment is literally DARING a cop to write you a very expensive ticket.

If you are carrying placardable quantities of hazardous materials (like.. up.. more than 50 gals of gas in a transfer tank... (and not an aux fuel tank thats hooked into the vehicle fuel system... hint hint) you need placards, CDL and hazmat endorsement... and so on and so forth...

No big deal in a happy utopian world where nobody cares. NOT a good idea in an adversarial situation like whats happening at BAZ
 
Posted: Wednesday, July 6, 2011 10:36 pm
Event to help fund NB Aero’s legal fightBy Greg Bowen The Herald-ZeitungHerald-Zeitung | 0 comments
NEW BRAUNFELS — A fundraising event to support the legal battles New Braunfels Aero Service is waging with the City of New Braunfels is planned for Saturday at the company’s Aviators Cafe at New Braunfels Municipal Airport.
New Braunfels Aero has been at odds — and in court — with the city over an extension of its long-time lease to operate at the city-owned airport and over city action that resulted in the shutting down of the firm’s aviation fuel sales operation last March.
The fundraiser is being held in conjunction with the company’s traditional Pancake Fly-in, during which pilots and other visitors enjoy free morning pancakes and coffee on the second Saturday of each month at the Aviators Cafe, 1772 Entrance Drive.
Saturday’s event begins with breakfast 8 a.m. to noon and continues with a barbecue from noon to 8 p.m. Saturday.

Donations will be accepted.

The event will include an auction of aviation items and a drawing.

Supporters are urged to fly in or drive in to support the firm.

“This is all about ensuring that free enterprise is alive and well in New Braunfels,” said event co-organizer Chris Penski, a local pilot who hangars his airplane at NB Aero and has been a vocal supporter of the firm.

Sam Adams and Cheryl Kloss, siblings who operate the company started by their father in the 1970s, and their supporters in the aviation community have said the city is trying to take over the lucrative aviation business by forcing the company out of business.

City officials have denied the allegations, saying the city has acted to ensure safe operations at the flying field.
 
ultrasonix said:
Sam Adams and Cheryl Kloss, siblings who operate the company started by their father in the 1970s, and their supporters in the aviation community have said the city is trying to take over the lucrative aviation business by forcing the company out of business.

City officials have denied the allegations, saying the city has acted to ensure safe operations at the flying field.
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Well that is the in depth, fully investigated reporting that we have all come to love from journalists.

He sadi, she said, GEESH! :rolleyes:
 
ScottM said:
Well that is the in depth, fully investigated reporting that we have all come to love from journalists.

He sadi, she said, GEESH! :rolleyes:
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And your expectations from the crack team of investigative reporters currently on staff at the Herald Zeitung was?
 
I sent this to the Mayor of New Braunfels, and got this response:

Dear Mayor,

As a pilot and visitor to your community, I find it ridiculous that the Mayor, City Council and people of New Braunfels are being held hostage by a city manager that is clearly over his head and an airport manager that seems to have not the slightest idea of how to do the job. Pilots are a rather tight community and your airport is getting a horrible reputation among us, nationwide, as your city manager and airport manager conduct their idiotic campaign to close a well respected business, that has served the aviation community for decades.

I can tell you that there is ZERO chance we will bring our plane through your city FBO and spend a cent, at any time, as long either the current city, or airport manager is still employed by New Braunfels and I am actively encouraging other pilots to do the exact same thing as they transverse Texas.

Cities need revenue to continue to operate and losing the aviation business that has come to New Braunfels for over forty years is a curious way to protect your community, tax base, revenue and reputation.

I look forward to your commission getting straight and doing the right thing, soon.


Sincerely,

It is always distressing to receive e-mails such as yours as we would certainly prefer to not have the kind of problems you reference. The City is working to resolve this situation but since there is legal action pending, I'm not at liberty to discuss the matter in detail. Suffice it to say that everyone involved would like to have this resolved sooner rather than later.

Sincerely,
Gale Pospisil, Mayor


I like to go to these folks and make my point, then see how they respond. It appears that the mayor may be getting tired of the B S and ready for it to go away.

Does anyone get something different from her reply, than what I just surmised?
 
You received what the hotel industry calls "the bed-bug form letter."

Dear Mr/Ms________

Thank you for taking time to write. I appreciate your taking time to contact ______________ Hotels. I'm very sorry to learn of that your room at our facility in __________,____ was infested with bed bugs on ______ __,2011.

All of us at _________ Hotels Corporation are committed to maintaining the highest level of comfort, cleanliness and convenience for our guests, and we have instructed our regional manager for the _______, __ property where you stayed to immediately inspect the property and take the necessary corrective actions to eliminate the problem and to be sure it doesn't happen again.

We look forward to seeing you at another of our fine hotels in the future, and I have enclosed a coupon for a complimentary beverage of your choice during your next stay.

Sincerely,


Sam Smoothmouth
Vice President, Customer Services.

Florida Cracker said:
I sent this to the Mayor of New Braunfels, and got this response:

Dear Mayor,

As a pilot and visitor to your community, I find it ridiculous that the Mayor, City Council and people of New Braunfels are being held hostage by a city manager that is clearly over his head and an airport manager that seems to have not the slightest idea of how to do the job. Pilots are a rather tight community and your airport is getting a horrible reputation among us, nationwide, as your city manager and airport manager conduct their idiotic campaign to close a well respected business, that has served the aviation community for decades.

I can tell you that there is ZERO chance we will bring our plane through your city FBO and spend a cent, at any time, as long either the current city, or airport manager is still employed by New Braunfels and I am actively encouraging other pilots to do the exact same thing as they transverse Texas.

Cities need revenue to continue to operate and losing the aviation business that has come to New Braunfels for over forty years is a curious way to protect your community, tax base, revenue and reputation.

I look forward to your commission getting straight and doing the right thing, soon.


Sincerely,

It is always distressing to receive e-mails such as yours as we would certainly prefer to not have the kind of problems you reference. The City is working to resolve this situation but since there is legal action pending, I'm not at liberty to discuss the matter in detail. Suffice it to say that everyone involved would like to have this resolved sooner rather than later.

Sincerely,
Gale Pospisil, Mayor


I like to go to these folks and make my point, then see how they respond. It appears that the mayor may be getting tired of the B S and ready for it to go away.

Does anyone get something different from her reply, than what I just surmised?
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The Herald Zeitung article I posted was helping us get the word out about the BBQ fundraiser. It really did help as many non aviation types have given money to support our cause. He just had to disguise it as news just like the city does with the local radio station with their biweekly breaking news about the airport

Thanks Greg at the Herald.
 
Fuel is available at Huber Airpark , E70, just 6 miles SE of New Braunfels. Go to Veracity Aviation. Its not self serve but the price is $4.90. New Braunfels City FBO is $5.25 self serve, $5.55 from truck.

Veracity Aviation was at BAZ but the airport manager ran them off. The city also tried to shut their fuel sales down at Huber claiming contaminated fuel also.

Boycott City FBO. Unless you support Racketteering, Corruption and government monopoly of fuel sales.

Come to the Pancake and BBQ Fundraiser Saturday 9 July. 8AM -8PM. If you can't be here buy a Tshirt or make a donation at www.newbraunfelsairport.com

Thank You for your support.
 
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ultrasonix said:
Fuel is available at Huber Airpark , E70, just 6 miles SE of New Braunfels. Go to Veracity Aviation. Its not self serve but the price is $4.90. New Braunfels City FBO is $5.25 self serve, $5.55 from truck.

Veracity Aviation was at BAZ but the airport manager ran them off. The city also tried to shut their fuel sales down at Huber claiming contaminated fuel also.

Boycott City FBO. Unless you support Racketteering, Corruption and government monopoly of fuel sales.

Come to the Pancake and BBQ Fundraiser Saturday 9 July. 8AM -8PM. If you can't be here buy a Tshirt or make a donation at www.newbraunfelsairport.com

Thank You for your support.
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Wasn't Derek buying racing fuel from VP also?
 
No he is selling 100LL Avgas refined by ConocoPhillips. Don't imply something that isn't true/

Boycott Overpriced New Braunfels City FBO Fuel Monopoly.

Support Free Enterprise. Go to Huber Airpark. E70.
 
The fundraiser went great. We had over 60 aircraft visit including two private jets.
Others arrived by car, motorcycle and bicycle. The place was packed.

The latest news from the front: The city is attempting to block open records requests. Apparently the US Constitution and open records laws don't apply in New Braunfels TX.

The City Attorney claims we have "Attacked" the city and its airport director. I'll let you read it. Here is an excerpt of the 6 page letter below.

"2. The Attack on the City and its Airport Director:

A group of friends and supporters of New Braunfels Aero have commenced an attack on the City and its Airport Director as a result of the fueling incident. Since March, 2011, this group has filed no less than 23 Public Information requests with the City. In addition, members of the group have contacted the Federal Aviation Administration, Texas Department of Transportation Aviation Division, and Congressman Lamar Smith's office all in an effort to deter the City from continuing with the fuel investigation and to either run-off the City's Airport Director or have him fired. Even though these requests have consumed a great deal of staff time. the City has responded to the requests in accordance with the provisions of the Texas Public Information Act. Copies of the various requests are attached as Exhibit "D."

Yea we did all that. Since when is contacting the FAA, TxDOT or your Congressman Illegal? What else were we supposed to do when the city ignored our letters and phone calls and denied our open records request for the fuel analysis results.

THE LIE. We are not attempting to deter the investigation as stated by Mr Isham. WE WELCOME IT ! We want the city to release the fuel analysis results to a Grand Jury so they can see that the city is full of sh#% and we can have our day in court.

Today's Headline in the local paper. It seems the city manager has a history of this behavior.

Read it here: City, Morrison named in suit

Carowest claims abuse of power, conspiracy, secret deal and much more



By Greg Bowen

The Herald-Zeitung

A lawsuit filed Friday against City Manager Mike Morrison and the City of New Braunfels alleges abuse of power, conspiracy, unlawful removal of $100,000 worth of fill dirt, a secret deal and violations of the Open Meetings Act.

The suit was filed by Carowest Land, a company owned by New Braunfels’ fourth-generation Weston family, over their dealings with the city on the South Tributary Drainage Project, which crosses property owned by Carowest.

“I can’t comment on something I haven’t seen, and I generally do not comment on pending litigation,” Morrison said Saturday.

The 32-page suit, filed in District Court in New Braunfels, claims Carowest’s case arises from “abuse of power” by Morrison.

The suit — filed by Carowest attorneys Jason Davis of San Antonio and former Comal County District Attorney Geoff Barr of New Braunfels — details a 3-year story of disagreement between the city and

Carowest over the nownearly completed South Trib project.

It alleges Morrison initiated improper condemnation proceedings in an attempt to claim 40 acres of Carowest land to build a sports field and that he acted to “deprive Carowest” of 15,000 cubic yards of fill dirt removed from their property.

Additionally, the suit alleges a conspiracy between Morrison, the city and South Trib contractor Yantis Co. of San Antonio, which is also named in the suit, regarding the removal of the landfill from Carowest property.

The court filing additionally alleges the city and Yantis made a deal “unknown to the public (and) to other construction companies bidding on the project” in which Yantis was given the $5 million contract for the coming North Tributary project in return for the company releasing the city from a $500,000 damage claim.

Carowest is asking for a judge to rule on the legality of the city’s North Tributary contract in light of the “quid-pro-quo.”

Carowest also alleges the city and Morrison violated the Texas Open Meetings Act by refusing to allow Carowest to discuss its complaints in a public meeting and by “concealing the North Tributary deal’s quid-proquo agreement.”

Carowest is asking for a jury trial and is seeking exemplary damages.

http://herald-zeitung.com/news/local_news/article_b1235828-aa9b-11e0-be71-001cc4c002e0.html
 
Here is the latest news from KBAZ. It seems the city is refusing to release emails which may disclose the citys intentions concerning the fuel Farm closure and truck seizure. it goes back furtherr than we thought.

AG asked to rule on city's release of emails
Posted: Wednesday, July 13, 2011 12:00 am

AG asked to rule on city's release of emails <http://herald-zeitung.com/news/local_news/herald-zeitung.com/news/local_news/article_e7c11042-acf2-11e0-be67-001cc4c002e0.html> By Greg Bowen New Braunfels Herald-ZeitungHerald-Zeitung | 0 comments <http://herald-zeitung.com/news/local_news/article_e7c11042-acf2-11e0-be67-001cc4c002e0.html#user-comment-area>

NEW BRAUNFELS — The City of New Braunfels is asking for an attorney general’s opinion that would allow it to withhold emails between city officials concerning the New Braunfels Aero controversy.

The emails are being sought by resident Fred McMichael under the Texas Public Information Act.

On June 23, McMichael filed a request for all emails concerning the municipal airport sent from Jan. 1, 2009 until June 23 between any two of three city officials: the airport director, the city attorney and City Manager Michael Morrison.

Interim City Attorney Paul Isham said Tuesday that the city intends to release emails that are not related to NB Aero.

The city and NB Aero, which operates an aviation business in facilities leased from the city at New Braunfels Municipal Airport, are fighting court battles over a lease extension and a fuel-transfer incident that resulted in the city obtaining a restraining order against NB Aero and the closure of the firm’s aviation fuel sales operation.

After receiving McMichael’s request, Isham on July 7 sent a letter to the Texas Attorney General seeking an opinion that would allow the city to withhold release of NB Aero-related emails under Public Information Act exemptions protecting information dealing with litigation and the attorney-client privilege.

Laurie Saathoff, a public information officer with the AG’s office, said Tuesday that the AG has a 45-day deadline — until Sept. 12 —to release its ruling.

Meanwhile, the city is assembling a cost estimate for McMichael on expenses it would incur — and charge to him — for assembling the non-NB Aero related emails, Isham said.

He said the city can charge $15 to $28.50 per hour for employee costs in retrieving the emails, plus 10 cents a page for copying them.

“We’d require him to put up a deposit totaling an estimate of the costs,” Isham said.

If the AG rules the city has to release the emails on NB Aero, the city would have to develop a cost on those as well, he said.

If McMichael disagrees with the cost estimate to be given to him by the city, he can ask the AG for a review of the city’s calculations.

“The AG would come back to us and ask how we developed the estimate and we’d provide an analysis and then they’d make a decision if it’s OK or too much,” Isham said.
 
^^^ So if they're forced to hand over the emails, they'll stick it to you with a high cost. I wonder if you can get digital copies and avoid the $0.20 per page.
 
Seeking an AG Opinion is a common stalling tactic for public agencies trying to avoid disclosure of bad acts.
 
Well to avoid the Lawyer -client relationship issues I sent a new request for emails between the city manager and the airport director. This request is seperate from the request by Mr. McMichael's. Let's see how the city trys to wiggle out of it this time.
 
I noticed that an "interim city attorney" is now involved. Did the other one bail?
 
The NB Aero attorneys need to get with the Weston family attorneys and see what kind of crap Morrison has been giving them. The Westons are reasonable people, and I'm sure they wouldnt have a problem meeting with your attorneys.
 
The harder the city tries to avoid coming clean, in regards to an FOIA, the dirtier they look. It is my opinion and seems to be the opinions of some family members that live in the area, that the city has a huge problem with corruption but that it is, sort of, low level, dirty deals and the like. If the lid gets ripped off one, it may cascade and take a lot of city officials - current and previous, with it.
 
yesterday we delivered 5 different TPIA requests by 5 different people covering various time periods since Jan 1 2009. They were from pilots living in Austin, San Marcos, Seguin. Not just locals. We also requested the legal bill/invoices from Slack and Davis the city's contracted attorney. Interested in seeing how much the city is has paid lawyers to date.
 
The legal bills might not be subject to an FOIA request if they are then they will redact the description of the work done and just leave the time and dollar amount.
 
Who cares? Lawyers never do anything anyway, so who cares what's on the paper other than the dollar amount?;)

AdamZ said:
The legal bills might not be subject to an FOIA request if they are then they will redact the description of the work done and just leave the time and dollar amount.
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Florida Cracker said:
The harder the city tries to avoid coming clean, in regards to an FOIA, the dirtier they look. It is my opinion and seems to be the opinions of some family members that live in the area, that the city has a huge problem with corruption but that it is, sort of, low level, dirty deals and the like. If the lid gets ripped off one, it may cascade and take a lot of city officials - current and previous, with it.
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Thus why the one official characterized the FOIA requests as an "attack" to the Press.

I'm hundreds of miles away and even my nose could smell that one. ;)
 
denverpilot said:
Thus why the one official characterized the FOIA requests as an "attack" to the Press.

I'm hundreds of miles away and even my nose could smell that one. ;)
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If you're on the ropes, one of the only things left to do is trot out that old corpse and spin it once more. Those folks are caught in a stupid lie that they keep making worse. It would make so much sense to come to the table, tell the truth and get on with life.
 
If there's one thing we know about politicians with their dinkus in the wringer, it's that they can't ever muster up the guts to just 'fess up and take the hit. Even though all of them parrot "the coverup is worse than the crime" they just can't bring themselves to do the right thing. I've always wondered if the same character flaws that caused them to go into politics is in play when they refuse to admit the scam.

Florida Cracker said:
If you're on the ropes, one of the only things left to do is trot out that old corpse and spin it once more. Those folks are caught in a stupid lie that they keep making worse. It would make so much sense to come to the table, tell the truth and get on with life.
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wabower said:
If there's one thing we know about politicians with their dinkus in the wringer, it's that they can't ever muster up the guts to just 'fess up and take the hit. Even though all of them parrot "the coverup is worse than the crime" they just can't bring themselves to do the right thing. I've always wondered if the same character flaws that caused them to go into politics is in play when they refuse to admit the scam.
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If Anthony Weiner just did that, he would still be in congress and probably, still playing the porno god on facebook, craig's list, or whatever his choice of social network.
 
I'd sure like to see Chris post the fuel analysis results they got from the lab...
 
I'd sure like to see the city employee on this board identify him self instead of hiding behind a moniker...oh wait, that's what the NB city does!
 
wsuffa said:
So you're saying that Airnav has censored comments? Won't be the first time we've heard that accusation.
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Absolutely. I have had several posts removed after the FBO got wind of them. I was charged $25 tie down fee at KDVN for parking my RV-10 on the ramp for 2 hours. I posted it and the it was removed after they offered me a refund. I refused. I would rather have spent the $25 and let everyone know what butt heads there are at the Davenport, IA FBO.

BTW, I have bought fuel at NB and never had a problem. Nice folks as far as I was concerned. This sucks.
 
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Wasn't there some kind of court case going? What's happened/happening with that?
 
Dean V said:
One very busy FBO I frequent will prompty have removed any post when a poster comments about their fees. Consequntly you read only posts that read great service and no posts that read fees expensive.
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Whozat?
 
EdFred said:
I'd sure like to see the city employee on this board identify him self instead of hiding behind a moniker...oh wait, that's what the NB city does!
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Irony - being called out on a mesage board for using a moniker by a poster using a MONIKER...

And I still want Chris to post the analysis he has.
 
Noobie said:
Irony - being called out on a mesage board for using a moniker by a poster using a MONIKER...

And I still want Chris to post the analysis he has.
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hmmmm, which one of you is anonymous.... hmmmmm.
 
Noobie said:
Irony - being called out on a mesage board for using a moniker by a poster using a MONIKER...

And I still want Chris to post the analysis he has.
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Dude, you came to the wrong place to try this. So you know some on this board by name.....whats yours? As far as the fuel analysis is concerned, I think the city needs to show what they have, (after all, they are the ones who claim tainted fuel) prove it! everyone will shut up if so. This is a typical tactic, I see it all the time (with my teenage kids) one gets caught in a bungle of some sort, so the other says......bu..bu...but he stole a pack of your Camels dad....give it a rest, you lost before you started here. BTW, my name is at the bottom of my post.
 
Noobie said:
Irony - being called out on a mesage board for using a moniker by a poster using a MONIKER...

And I still want Chris to post the analysis he has.
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LOL. EdFred is not a "moniker" its a name.
 
Special irony, in that EdFred is short for "Ed Frederick," a soul who, in concert with his Dad, Brad and Mom, Diz (great name, what?), has actually sought to *improve* aviation, by buying a closed airport from the governmental agency which had owned it, and reopening and (indeed) improved it, as a service to the community in which it is found.

No inherent glory, no profit motive and no contracts to old buds... just aviation at its purest and most pleasant.
 
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