City trying to close FBO. Claims tainted fuel

ultrasonix

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ultrasonix
BAZ, City of New Braunfels Airport, city trying to close FBO. Claims tainted fuel

The city of New Braunfels TX BAZ is trying to close New Braunfels Aero Service a family business that has existed for 40 years. They have used safety claims to shut down their fuel farm, had overzelous fire inspections and harassed tenents of NB Aero. The restaurant has closed but the pancake breakfast is still being held on the 2nd Saturday of each month. The latest attack was a claim that NB Aero was selling contaminated Avgas and the city getting a Temporary Restraining Order against them. They also seized their fuel truck. Independent analysis has proven this claim false but the city refuses to release their analysis results. Last week the airport director descended upon NB Aero with a group of inspectors and called 911 when the local plane spotter dared take pictures of the event. The following day he returned again with 8 large vehicles and blocked NB Aero's ramp again claiming a spot inspection.

Please keep this thread going and put your thoughts about these antics online so we can show them to our to our city council and let others know what awaits them at BAZ.

By Greg Bowen The Herald-Zeitung Herald-Zeitung | 1
NEW BRAUNFELS — District Judge Charles Ramsay on Thursday extended for 14 days a temporary restraining order preventing New Braunfels Aero Services from selling aviation fuel at the city airport.
The restraining order, originally granted March 8 after being filed by the City of New Braunfels, was extended at the request of the city and without opposition by New Braunfels Aero.

By Greg Bowen New Braunfels Herald-Zeitung Herald-Zeitung | 2 comments
NEW BRAUNFELS — City officials have ordered New Braunfels Aero Services to drain the tanks and to make repairs at its airplane fuel depot at New Braunfels Municipal Airport, saying inadequate maintenance has created conditions dangerous “to human life and public welfare.”
But company owner Sam Adams contends the fuel depot is safe — with only a small electrical repair needed in a fuel-tank overflow alarm system.

Adams said the city’s action is nothing more than additional harassment in a continuing effort to drive him out of businesses and claim all of the fuel sales at the airport.

City Manager Mike Morrison said the issue is safety.

“All we want is for those tanks to be properly maintained so they are safe,” Morrison said. “There’s nothing optional about safety. If this circumstance existed anywhere else in the city, the same action would have been taken. It’s not safe and therefore it needs to be fixed.”

Pilots at New Braunfels Municipal Airport have had two options for fill-ups: They can buy fuel from the city or from NB Aero. Adams, whose family has run NB Aero for four decades, said his fuel sales total more than $1 million per year.

“They’re just trying to put me out of the fuel business,” he said Tuesday. “It’s harassment pure and simple. They want the fuel sales.”

Under the watchful eyes of city inspectors, Adams was filling his mobile tankers with the last of the fuel from the depot on Tuesday afternoon. He said he had only about three tankers-full of fuel left.

The NB Aero fuel depot isn’t a self-serve station where pilots can fuel their own airplanes. Instead, NB Aero fills its mobile tankers at the fuel depot and then shuttles the fuel to aircraft on the runway.

The remaining supply wasn’t expected to last the week.

City Building Official Robert Kinsey inspected the fuel depot — officially known as a fuel farm — on Jan. 31 and determined it was unsafe, according to a Feb. 1 “notice of unsafe condition” letter from Kinsey to Mike Morrison.

The city owns the fuel farm and leases it to NB Aero.

“The structure and equipment is unsafe ... dangerous conditions to human life and public welfare in the inadequate maintenance of the fueling station, makes it necessary to take action,” Kinsey’s letter said.

Kinsey told Morrison the city has to remove all fuel and has until Feb. 15 to make repairs.

Morrison responded with a Feb. 3 letter to Adams, saying NB Aero is responsible for maintenance and repair of the fuel farm under its 2008 lease agreement with the city.

Morrison told Adams that NB Aero could drain its fuel tanks into the mobile tankers it uses to dispense fuel to pilots. Morrison also notified Adams that once the tanks are drained, the city would inspect their interiors.

Kinsey cited 10 problems at the fuel farm, including exposed electrical wiring, an area of washed-out dirt alongside the concrete slab covering the underground tanks, the need for maintenance to prevent rusting on piping, and the need for warning signs and protective poles, or bollards.

Adams said he agreed that exposed electrical wiring on the overfill alarm needs to be taken care of. A wiring conduit has come detached at a junction box, exposing a few inches of wiring. “It’ll take an electrician about 30 minutes to fix it,” he said.

“Other than the wiring issue, there’s nothing unsafe,” he said.

He said the matter is in the hands of his attorney, Larry Berkman of New Braunfels, father of Major League Baseball slugger Lance Berkman.

Adams and his sister, Cheryl Kloss, operate the airplane fueling station, a cafe, airplane hangars, a flying school and other flight-related ventures at New Braunfels Municipal Airport. Their sub-tenants run other aviation-related businesses.

Adams said the loss of fuel sales could put him out of business.

“The fuel is what makes everything work. You have to do all of it — the flight school, maintenance, the cafe. But the fuel is what holds it all together,” he said.

Adams told the Herald-Zeitung last month that the city is trying to close down his business by refusing to renew his 10-acre, 10-building lease — even though the city signed a settlement agreement, following a court battle, saying it would consent to the renewal.

He charged that the city and its inspectors have been engaging in a campaign of intimidation against him and his sub-tenants, trying to find code violations that can be used as reasons to claim he’s defaulted on lease terms.


Help Save our FBO
 
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This merits attention, and now; this would certainly not be the first time that overzealous city officials abused their authority to harm an airport.

Please, Ultrasonix, keep us apprised of what is going on here, OK?
 
One more thing, A local pilot posted these abuses on Airnav. The city blocked his post. After consulting with Airnav A post was allowed on the NB Aero comment side. The City Airport Dick had that post removed. If you look At the comments for NB Aero it now says under investigation.

The city has resorted to censorship of our free speech.
I'll keep you posted . Keep this thread going and pass it around to others.

Thanks,
UT
 
Have you contacted the various acronyms...AOPA, EAA, ACLU, etc?
 
One more thing, A local pilot posted these abuses on Airnav. The city blocked his post. After consulting with Airnav A post was allowed on the NB Aero comment side. The City Airport Dick had that post removed. If you look At the comments for NB Aero it now says under investigation.

The city has resorted to censorship of our free speech.
I'll keep you posted . Keep this thread going and pass it around to others.

Thanks,
UT

So you're saying that Airnav has censored comments? Won't be the first time we've heard that accusation.
 
Load of melarky. Signage and and outdoor maintenance do not rise to the level of safety issues. The electrical issue sounds pretty minor. Somebody has a burr up their six.
 
Tyranny must be resisted at all levels of government. Time to go up the bureaucratic ladder. Failing that, civil unrest.
 
Tyranny must be resisted at all levels of government. Time to go up the bureaucratic ladder. Failing that, civil unrest.
Why not just boycott the City's FBO? It appears that they don't want bad publicity on AirNav, might hurt their business.
 
This sounds pretty bad. Is there anything that we as a community can do besides boycott?
 
Businesses would generally rather not have competition. Government enterprises often pay employees more than the prevailing rate of similar private enterprises which would be a competitive disadvantage. A government owned business has an unfair advantage as it can use the power of the state to harass competition. I don't know all of the facts but I am suspicious that this is what is occurring here.
 
+1; AOPA is supposed to have attorneys for this sort of stuff too.
I thought that it is more difficult to sue a government entity than a private company. A deposition could be interesting. I would like to see if the the emails and other correspondence between the airport and city management give evidence of anti-competitive collusion.
 
Businesses would generally rather not have competition. Government enterprises often pay employees more than the prevailing rate of similar private enterprises which would be a competitive disadvantage. A government owned business has an unfair advantage as it can use the power of the state to harass competition. I don't know all of the facts but I am suspicious that this is what is occurring here.

Pays more than private under specific circumstances. My uncle makes a lot less working for the state uni than he did working private. The difference is that he travels a lot less. Mind you, he's got an advanced degree, that's relative. Government janitors sure make a heck of a lot more.
 
Pays more than private under specific circumstances. My uncle makes a lot less working for the state uni than he did working private. The difference is that he travels a lot less. Mind you, he's got an advanced degree, that's relative. Government janitors sure make a heck of a lot more.
That's why I wrote often and not always pay more than private. Some states actually pay less. The trade-off has been that government employees usually have better job security.
 
The danger with TROs ( Temporary Restraigning Orders) is that they can do a hell of a lot of damage if they are issued incorrectly. Up here in PA the Court will often times require a bond be posted to discourage such things as using TROs to harm competitors. Can't say if that is the case in Texas but the FBO could ask it's counsel.

Also not commenting on the validity of the matter because all there are, are accusations but if this is indeed a strong arm attempt and use of public resources to put a competetor out of business then from a perspective of " sending a message" there is nothing like dragging a gaggle of pilots into a town meeting. But since NB Aero is represented this stuff is best left to their attorney. Best of Luck with this.
 
The FBO might not be able to afford to fight a legal battle. The city can just send the bill to the taxpayers. Not a fair fight.
 
So you're saying that Airnav has censored comments? Won't be the first time we've heard that accusation.

Airnav is an advertising site, their paying customers are the FBOs. They are neither the goverment nor some sort fo membership organization. Whatever they want to write (the moment you post it, it becomes their comment), they will write.
 
I think its SOP for AirNav to take down a protested post to investigate the allegations so on its face its not necessarily nefairious. Of course the final decision is the proof in the pudding.
 
Anyone know a large aircraft owner? Big enough to stuff full of 55 gallon drums? (Expensive, but would show pilot's tenacity and ingenuity to the ass-hat city guy.)
 
It is always good to communicate with the city leaders on these types of things. A strongly worded and polite letter usually elicits a response and a link to the City is below.

http://www.ci.new-braunfels.tx.us/index.aspx?nid=298

A couple of hundred letters and those folks start to wonder if their re-election is in danger. Let them know you will tkae your business elsewhere and will encourage other pilots to do the exact same thing.
 
There is no talking to these guys. In the last few months they have set the fire inspectors after all us tenents, The building inspector, code enforcement. If you google "officials want nb airport to be corporate hub" you will see what they are after. They paid weiderman and associates around $180,000 to make their plan. It counts on getting control of fuel sales.

The OFFICIAL fuel analysis is supposed to be in. We filed a FOIA /TPIA request today to get it.

Little guys aren't safe at BAZ. Lenny wants us gone. Well not really. He needs enough of us to keep HIS T hangers filled. He wants Sam Adams land for his Jet FBO.

Also, the city paid $20,000 to purchase Merto maintenance manuals for a competitor on the field . Its in the city council records. City wont even fix the road leading to NB Aero Service.

Keep this going. It may save our friendly FBO.

Airnav contact: gina@airnav.com

City officials won't talk because its in court. How convienent. They are all crooks anyway. I spoke to the mayor. Nice guy. He has 2 months left and can't wait to leave.
 
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This is the same city that Silver State Helicopters moved to. They convinced the city to build a tower so they could train controllers. As you know Silver State was a Ponzi scheme. The city got stuck holding the bag for millions cause they took fed $ for the tower. Had to run it till the feds took over. Silver State owed $180,000 in fuel, rent and utilities. Great business deal. taxpayers got stuck with the bill.

City can't even keep the lines on the streets painted. Shouldn't be running an airport.
 
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AOPA has been contacted. They will be here april 15th to visit the city.
 
They also ran off the Navion society last summer.

Please read about the pancake breakfast April 9th. in places to go thread. Pass the word. Be there if you can. Spread the word if you can't be here.

New Braunfels airport monthly pancake breakfast. 9 April 2011
 
Good luck getting this worked out.

I might have missed it if you mentioned it earlier, but what kind of litigation is going, if you know?
 
As I understand it. The FBO has been in court with the city since 2004. City told to settle in 08. Won't as far as I know. City filed TRO March 10 claiming contaminated fuel. Claiming safety reasons. Siezed fuel truck. Ordered FBO not to sell ANY fuel. City still will not release test results of fuel. NB Aero analysis by Alcor checked good. FBO Again sent sample to another lab for more tests.

If the city knew about the fuel since March 5th but didn't get TRO until 10th. Thats how much the city cared about safety.

There, now you know the meat of it.


Local pilots call city daily for results. No answers. Some now considering lawsuit against city to pay for maintenance that is probably unnecessary and loss of use of aircraft because of false accusation by airport director. But that costs money and we don't have it. City has taxpayer money. Sick, city is using our money to sue us. Go figure.

Did I just wake up in some banana republic?
 
Did I just wake up in some banana republic?

Not trying to spin this off into the weeds, but have you seen the number of cases lately where Federal Judges have ruled against various other branches of government, saying they're not only violating court orders, but are also holding them in Contempt of Court, but their behavior (usually against the voter's wishes) continues?

Are any of the pilot group "prominent area citizens" who'd be willing to and credible enough because they're well-enough known, to go get in front of the local media cameras and get attention?
 
Go buy a bunch of these and get busy. City officials go on the pointy end.

31F5XGBONuL._SL500_AA300_.jpg

 
Airport authority arrogance almost always seems to be a cut above.
Not trying to spin this off into the weeds, but have you seen the number of cases lately where Federal Judges have ruled against various other branches of government, saying they're not only violating court orders, but are also holding them in Contempt of Court, but their behavior (usually against the voter's wishes) continues?

Are any of the pilot group "prominent area citizens" who'd be willing to and credible enough because they're well-enough known, to go get in front of the local media cameras and get attention?
 
Today a group of pilots, about 15, met with reporters from the San Antonio Express News and the New Braunfels Herald. They seemed to genuinely feel our disgust with the way the city has acted. Especially when told of city removing posts on Airnav. If you look at Airnav for FBO at BAZ you can see "under investigation." This was after discussion with Airnav to assure post was acceptable. we can only wait to see how we are depicted in the newspaper.
 
Not trying to spin this off into the weeds, but have you seen the number of cases lately where Federal Judges have ruled against various other branches of government, saying they're not only violating court orders, but are also holding them in Contempt of Court, but their behavior (usually against the voter's wishes) continues?

Are any of the pilot group "prominent area citizens" who'd be willing to and credible enough because they're well-enough known, to go get in front of the local media cameras and get attention?

But wait, I thought some folks consider big government to be a good thing against pesky corporations, and that government was always right. :dunno:

Better stop there before it goes to Spin Zone.

Seriously, though, didn't Castroville (pronounced "Casterville") recently go through a bunch of local government/town council carp over airport management & financial misdeeds?
 
Does Texas have a FOI type law that can be used to force the city to release the fuel test results? How does the city justify withholding the results from the public?
 
Does Texas have a FOI type law that can be used to force the city to release the fuel test results? How does the city justify withholding the results from the public?

Indeedy.
 
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