City trying to close FBO. Claims tainted fuel

I understand that the reporter has a copy of the TPIA/FOIA that was filed Monday by one of our guys. Says He'll look into it . He seemed disgusted with the citys antics.
 
Latest News story.

Pilot flies to defense of NB Aero S

Posted: Wednesday, March 23, 2011 8:52 pm | Updated: 8:54 pm, Wed Mar 23, 2011. Pilot flies to defense of NB Aero Service, says city is ‘stalling’ By Greg Bowen The Herald-Zeitung Herald-Zeitung | 1 comment
NEW BRAUNFELS — The dogfight involving the city and its long-time airport leaseholder, New Braunfels Aero Service, continued Wednesday with a group of pilots accusing city officials of withholding results of an analysis of a tanker load of NB Aero fuel impounded by the city earlier this month.
“They’re stalling,” said pilot spokesman Chris Penski. “(Fuel analysis) doesn’t take this long. Everybody who got that fuel shouldn’t be flying, theoretically, or they should change the fuel out and replace it with good fuel.”
City Attorney Alan Wayland responded by saying a criminal investigation is under way into the matter, which prevents the release of fuel test results.

“I can’t release anything on the analysis until the fire marshal has concluded his investigation or says they are not going to continue to investigate,” Wayland said. “I cannot tell you whether they have results or not. I really don’t know.”

Wayland also said Slack and Davis, the Austin legal firm hired by the city to oversee the dispute with New Braunfels Aero Service, was preparing “talking points” on what could be discussed in the case.

The city claims NB Aero on March 5 took delivery of and began illegally storing and selling unidentified non-aviation fuel in one of its aircraft fuel tanks at New Braunfels Municipal Airport.

Cross-contamination of fuels can fatally compromise the operation of an aircraft engine, the city said in its March 8 application for a temporary restraining order to halt the sale of that fuel.

After the restraining order was granted by District Judge Dib Waldrip, the NB Aero refueling truck was seized by the city for testing of the fuel inside.

City officials said they believe non-aviation fuel was delivered to NB Aero because a delivery truck without the required placard denoting it was carrying aviation fuel was seen unloading the fuel. The truck instead carried a placard indicating it was hauling petroleum distillates, according to the city.

“NB Aero apparently instructed the delivery driver of the unidentified fuel to make the fuel transfer while hidden behind one of NB Aero’s hangars instead of on the loading ramp where such transfers are authorized,” according to the filing.

Fire Marshal Patrick O’Connell said Wednesday he’s looking into the question of whether a criminal offense was committed by VP Racing of Elmendorf, the company that delivered the fuel under the petroleum distillates placard.

“We’re looking at the transport company for not being placarded properly,” O’Connell said, adding NB Aero isn’t a target of the investigation.

The fire marshal said he has yet received an analysis of the fuel.

NB Aero analysis finds good fuel

Penski said, “My big beef is that city personnel knew on (March 5) that the fuel could be contaminated, but they didn’t present a temporary restraining order until (March 9). In the meantime, our planes were flying around.”

The pilot said he wasn’t notified by the city until March 9.

“The city exposed themselves to more liability knowing this and not saying anything about it for several days,” said Penski, a military aircraft inspector who has kept his 1977 Piper Warrior hangared at the airport for the last decade.

Penski said he and other pilots who bought the fuel have been flying, while still other pilots — he couldn’t say how many — have grounded their planes because the city will not release the results of the fuel analysis.

“I believe the test results will prove the city's charges false,” he said. “I know the fuel’s good because Sam’s (NB Aero co-owner Sam Adams’) analysis says it was. NB Aero had an analysis done by an independent laboratory and the results came back that it’s fine.

“We knew the results last Friday night or Saturday morning.”

Penski said he filed a Texas Open Records Act request with the city on Monday for a copy of the fuel analysis, but hasn’t received anything.

“Maybe next Monday I’ll send another one in,” he said.

Penski said he suspects the entire matter is “all about the city getting control of the fuel sales at the airport” and about the city trying to take over the valuable aviation business controlled by NB Aero.

Only the city and NB Aero sell fuel at the airport.

Pilot: City has been ‘overzealous’

Penski and about 15 other pilots met to talk about the situation early Wednesday at NB Aero’s Aviators Cafe.

“We were talking about how the city has been overzealous in its enforcement of building codes (in hangars and other leased facilities), to our not wanting there to be just one provider of fuel on the airport, cause that would make a monopoly.”

“We just talked about playing fair, allowing NB Aero to conduct business and not be harassed and persecuted. It’s been going on for years. The city made a bad business deal — and now they’re trying to get out of it.”

The city and NB Aero have been fighting a protracted battle. Adams has said the city is trying to close him down and claim airport profits 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.

Adams also has charged that the city and its inspectors have been engaging in a campaign of intimidation against him by trying to find code violations that can be used as reasons to claim he’s defaulted on lease terms.

Last month, city officials ordered NB Aero to drain the tanks at its fuel sales operation, saying inadequate maintenance created conditions dangerous to human life and public welfare.

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

On Wednesday, Wayland said: “This isn’t an attempt to force them off the airport or take over the operations. It’s a matter of public safety and trying to make sure the operations are safe for everybody there.”

Wayland said NB Aero continues to sell jet fuel and could bring in another tanker or install a temporary tank from which to sell the general aviation fuel known as “100 low lead” that was the object of the restraining order.

“The city has not shut down NB Aero’s 100 low lead fuel sales,” he said. “They’re just not choosing to pursue these other options for whatever reasons.”

Meanwhile, a District Court hearing is set for March 29 that could lead to a temporary injunction against the aviation firm as well as the scheduling of a hearing on a permanent injunction.

Penski also said representatives of the Airplane Owners and Pilots Association, an organization representing general aviation businesses, will be visiting with city officials “concerning the city’s behavior” on April 15.

WHO INVESTIGATES THE CITY ?





 
Out of curiosity - who is the fuel manufacturer? They'll be wanting to know, too, if there is contaminated fuel. At the very least, they will want to protect themselves. Have they been involved in any of the testing? If it's contaminated the manufacturer will be wanting samples, dates, times, so they can determine if it was bad when it left the refinery, the distributor, the fuel pumps, or the city's sample bucket when it was taken to the "lab".

I was at an FBO a couple months ago that sells Phillips 66 fuel. Phillips had a poster that described the steps to be taken in the case of a suspected fuel contamination. If the city is bypassing the whole procedure, then claiming many days after the fact that the fuel is contaminated and they still allowed the fuel to be sold, there really is something wrong. Hopefully, the extra publicity from the newpaper article will get something rolling - I just hope it doesn't backfire on the FBO somehow.
 
From a legal perspective, I'm wondering if the city had a warrant to "seize" that fuel truck to test the fuel, with what I think is a pretty clear goal of following up with potential criminal sanctions.
 
Now the city is trying to pass the blame on to the trucking company. Local pilots have suggested the city pay for unnecessary maintenance since the citys accusation may have caused drain and purge of fuel systems. The city is on the hook for that IMHO. The truck went to the city gate. They weren't hiding anything, They transferred fuel behind the hanger because the winds were blowing about 35 kts . The city airport czar has had a feud with NBA since he got there and especially since Wright Flyers went to Hondo. His avgas sales dried up. Now he wants it all. Avgas, Jet A. This placard thing was just another excuse to strong arm the FBO.

Wayland doesn't know what he is talking about.

Another FOIA request is in the works.

10 People have lost jobs, ECI has left the airport. We just need 1 more person to go.The Airport Director. That should fix everything. Until the next CZAR shows up.
 
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Out of curiosity - who is the fuel manufacturer? They'll be wanting to know, too, if there is contaminated fuel. At the very least, they will want to protect themselves.

You may have just nailed it. Fuel company has deep pockets and lots of lawyers. It wouldn't be pretty, but they could come in and muscle the city around if fuel sales are being hurt by the city's actions. Tie the bad behavior to lost revenue for the fuel company.
 
Company is VP racing according to the article. They turn Avgas into different types of racing fuel I believe. www.vpracingfuels.com

Wouldn't the trucking company be responsible for placarding? All I know is it was blue when it came out of the truck.
 
If the city mislead the judge about the fuel safety to get the TRO would any city official be subject to any legal repercussions?
 
If the city mislead the judge about the fuel safety to get the TRO would any city official be subject to any legal repercussions?

Wouldn't that be called, "Perjury?"

Shouldn't you Texas Pilots e-mail the Attorney General and demand he be investigating and indicting the guilty parties in the city offices?

https://www.oag.state.tx.us/agency/contacts.shtml

I'd suggest several Texas residents make the demand for a criminal investigation of the behavior of the New Braunfels City Manager, Airport Manager and City Attorneys and demand indictments of all parties involved, including City Commissioners that have knowledge of these actions.
 
Wouldn't that be called, "Perjury?"

Shouldn't you Texas Pilots e-mail the Attorney General and demand he be investigating and indicting the guilty parties in the city offices?

https://www.oag.state.tx.us/agency/contacts.shtml

I'd suggest several Texas residents make the demand for a criminal investigation of the behavior of the New Braunfels City Manager, Airport Manager and City Attorneys and demand indictments of all parties involved, including City Commissioners that have knowledge of these actions.
They will probably claim that they made a little mistake in an honest attempt to protect pilots from bad fuel (and the profits of the city FBO).
 
This legal battle has been going on for years. City doesn't care what court thinks. They have been to the court of appeals and told to sign lease. They won't. City is wiggling right now cause they are affraid we'll sue for unnecessary repair and downtime due to their allegations. Some operators of big bores are just down and waiting for results. They are the guys with $$. Here's how it works. You submit your claim to insurance, Insurance pays you. Insurance goes after city. So the city has a horse in this race now. Insurance companies have $$$ to sue city. The $ amount of the claim is so small it would be a nusience suit. The great part of this story is the jet operators that pass thru have been getting fuel at San marcos rather then support city. Many just tanker fuel so they don;t need to buy. We are talking Wal Mart, Caterpiller, Silverleaf, Home Depot, They have always come to NBA for service. So the city is on the map but its the wrong map. More like a target. LOL The city can win the battle but not the war. These business guys hate city run FBO's. Especially when they hear about the citys antics.
 
If its all smoke n mirrors at some point some one at the city with common sense is going to have to say " Why are we paying these insane legal bills?" Where is all this getting us net net?
 
Don't lose sight of the fact that "these business guys" don't give a ratsaas who owns the FBO if:

1. The fuel is cheap
2. They don't have to pump it themselves
3. There's a crew car, WIFI and a big-screen and soft chairs in the lobby.

They will change sides in a NYM if the think it's in their best interest.

This legal battle has been going on for years. City doesn't care what court thinks. They have been to the court of appeals and told to sign lease. They won't. City is wiggling right now cause they are affraid we'll sue for unnecessary repair and downtime due to their allegations. Some operators of big bores are just down and waiting for results. They are the guys with $$. Here's how it works. You submit your claim to insurance, Insurance pays you. Insurance goes after city. So the city has a horse in this race now. Insurance companies have $$$ to sue city. The $ amount of the claim is so small it would be a nusience suit. The great part of this story is the jet operators that pass thru have been getting fuel at San marcos rather then support city. Many just tanker fuel so they don;t need to buy. We are talking Wal Mart, Caterpiller, Silverleaf, Home Depot, They have always come to NBA for service. So the city is on the map but its the wrong map. More like a target. LOL The city can win the battle but not the war. These business guys hate city run FBO's. Especially when they hear about the citys antics.
 
Perhaps so. But, ....My experience this past week is just the opposite. When told of the situation they go elseware for fuel. They have had a bellyfull of city meddling. Speaking of bellys..............................

When the freight guys show up at 1 am the FBO offers them food and drink. Where else can they get food at that hour. They appreciate that extra consideration for their business.
Thats why this FBO has been here for 40 years.

Where would you rather be while waiting to load and unload after flying cross country? You're hungry, Thirsty. A fresh breakfast taco or burger would be nice. FBO with food or snack machine at city terminal?

Todays news.

Our man filed another TPIA with city for fuel results and date & time results were known to city so we can charge citys reason for TRO was false. Safety had nothing to do with it if they still claim they don't have results.
Also got to meet fire marshal since city attorney says its under investigation by them. They didn't have results either. Strange huh. He showed them a glimpse of our analysis . THEY CARRY GUNS.

Met Mayor also. Nice guy. Feel sorry for him being stuck with this mess.
 
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Latest shot fired by city in attempt to subvert truth:

Morrison addresses issues surrounding New Braunfels Aero Services


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Posted: Saturday, March 26, 2011 12:00 am
Morrison addresses issues surrounding New Braunfels Aero Services By Michael Morrison Guest columnist Herald-Zeitung | 0 comments
Over the last few months, much has been written about the City and its relationship with one of its airport tenants, New Braunfels Aero Services, Inc. (NB Aero).
As an airport tenant, NB Aero is responsible for properly maintaining its facilities and conducting its operations in a safe manner that is in compliance with all applicable federal , state and local regulations and codes, as well as the airport’s own operating procedures. The City, the Texas Commission on Environmental Quality and the Federal Aviation Administration has had ongoing concerns about NB Aero’s compliance with these regulations, codes and operating procedures and the City has sought to resolve these concerns with NB Aero.

Runway Safety

As a result of an NB Aero fuel truck crossing an active runway on Sept. 30, 2010 and again on Oct. 28, 2010, the City was notified of an FAA investigation of the incident and directed to take corrective actions. As a result, the NB Aero employee has been banned from crossing active runways or taxiways.



NB Aero’s fuel farm

On Sept. 9, 2010, the City received notification from the Texas Commission on Environmental Quality (TCEQ) that NB Aero was considered to be a poor performer in its management of a fuel farm (an aircraft gas station) that is operated by NB Aero, but owned by the City. The City, as owner of the airport and the fuel farm, commissioned an independent assessment of the fuel farm to determine the extent to which NB Aero had complied-or failed to comply-with environmental regulations governing the operation of the fuel farm. That report and subsequent follow up reports identified a number of environmental violations at the fuel farm.

During this same period, the Fire Marshal was inspecting all buildings and facilities at the airport, including those operated by NB Aero. Upon inspecting the fuel farm, a number of fire and building code violations were observed. After allowing NB Aero to transfer the stored fuel into an available fuel tanker, the fuel farm was shut down until NB Aero brings the farm into compliance with applicable building, fire and safety codes.

NB Aero is fully aware of its options and responsibilities with regard to its fuel farm operations. It could have brought the fuel farm into compliance with applicable environmental, safety and building codes and regulations before the City was forced to shut down the fuel farm for environmental and safety violations. It also could have leased a temporary fuel tank that meets TCEQ regulations so as to allow it to continue fueling operations while making a diligent effort to repair and remedy the poor conditions and violations at the fuel farm.



Fuel delivery on March 5

Recently, NB Aero accepted delivery of unidentified fuel for transfer into its 100LL (Avgas) refueling truck. There were serious concerns about the fact that the federally-required paperwork certifying the nature and quality of the fuel apparently did not accompany the fuel, the delivery came in an unauthorized vehicle, the delivery was made in a location behind an NB Aero hangar out of view of airport officials, no verification as to the composition or quality of the fuel appears to have been made by NB Aero, and representations were made by NB Aero that the fuel had not been sold and would not be sold to customers when the fuel had, in fact, been sold to customers at the airport.

The use of improper or contaminated fuel in the type of small aircraft that use 100LL (Avgas) can cause engine malfunction and even seizure that can have catastrophic consequences. Because the City could not verify that the fuel delivered to NB Aero on March 5th was certified 100LL (Avgas), it was forced to go to court to gain NB Aero’s cooperation in determining the nature of the fuel and to prohibit NB Aero from continuing to use the unidentified fuel in its flight school operations.

There is presently an ongoing criminal investigation of the firm that supplied the questioned fuel to NB Aero. The criminal investigation does not involve NB Aero.

The City stands ready to work with anyone to ensure the safe operation of the airport. It does not take its responsibility to the aviation community and the general public lightly, and will continue to take steps to ensure the safety of all who use the airport and those in the surrounding community.

The TCEQ letter, associated third party inspection reports, the FAA correspondence on NB Aero’s runway safety violations, and the documents submitted to the district court are all available for public review at the City Secretary’s Office at 424 S. Castell.

Michael Morrison is the city manager of New Braunfels. He can be reached by e-mail at mmorrison@nbtexas.org or by phone at (830) 221-4280


Our response:


The City manager could put a stop to this if he just released the results of the fuel analysis from fuel in the NB Aero tanker. Why are you stalling ? Let me answer that for you. Your airport director has put the city in a predicament. He claims the fuel is bad but he did nothing for 5 days. If this really were a safety issue and planes crashed the city would share that liability for not acting immediately. Also, by keeping the results of the test secret he is causing aircraft owners to make the choice of either flying their aircraft and risking who knows what or waiting for the city to disclose the test results preventing aircraft from flying and loosing revenue and enjoyment of their investment. The third choice is to remove and dispose of the fuel and replace it at considerable expense. If the fuel is later found to be good the operator may pursue legal action for expenses for unnecessary maintenance caused by the city's accusations.. Thats what we are trying to avoid Mr. Morrison. Just release the results.



NB Aero had Fuel test results returned and distributed to pilots March 16th.
As for safety on the taxiways and ramp area. I have observed your city vehicles including fuel trucks routinely speeding on the ramp and taxiways. The sign at the entrance to the ramp indicates the speed limit is 15 MPH. Your drivers were going at least 30 mph if not 40. I have observed drivers drive directly at aircraft and not use chocks when they exited the vehicle with the engine running. I have even come face to face with a police car while taxiing to the runway. Tower was closed.


INTIMIDATION BY AIRPORT EMPLOYEES. On Wednesday March 16th the airport director led a convoy of 8 large vehicles blocking the New Braunfels Aero ramp. Only 4 people exited the vehicles. They could have all fit in one or two vehicles and parked in the parking lot. The airport director then called 911 because the local plane spotter dared to take pictures of the event. Since the police were called this should be a matter of record as police time was spent/ wasted on this abuse of the 911 system.


I ask again Mr. Morrison. Release the results of the fuel test .


As you know an open records act request has been delivered to the city. The results are known by your lawyers I'm sure. Smart building a firewall of contract lawyers so you can claim YOU DON"T KNOW.


I even have a copy of independent analysis dated 16 march that I showed to the fire marshal.
The fuel is good.... Report from Alcor Petrolab: Aviation gas 100LL blue in color.
Note: Sample meets ASTM D-910 specifications for aviation gasoline for the above test. Sample shows no signs of contamination with a heavier product.



Stop hiding under this criminal investigation excuse and release the test results.


Other irregularities:$20,000 grant given to alpha aircraft for purchase of FAA service manuals. Not real property that the city owns but tools used in aircraft maintenance. Aug 9, 2010 council meeting page 19-21. I didn't mention the $400,000 spent to upgrade the building for Alpha.
$70,000 shifted to airport balance to show a positive balance on the airport operation.
You won't allow NB Aero to spend its own money to make upgrades to its facility.
Show us the results of the fuel analysis Mr. Morrison. I promise I won't sue .
Also:


Correction, the city allocated $70,000 of $400,000 Industrial development Corporation grant money to upgrade Alpha aircraft's facility. Not $400,000 as I stated earlier, Alpha is a good company and I have no beef with them.


Mr Morrison, Why not use industrial Development Corporation money to upgrade NB Aeros facilities Or a least repair the street leading to NB Aero. Since the fuel farm is the property of the city it would be a legitimate use of Industrial Development Corporation money for modification and remediation as it is doing to hanger 2317 by remodeling office space, upgrade electrical , install a new air compressor and air lines and install radiant heat.



Lets play fair, I'm sure the airport director could assist with the proper paperwork to get this done and present it to the council for approval. That is if there is still any money remaining in the Industrial Development Corporation fund. You could just get a refill from the taxpayers. Industrial development Corp. money could also be used to give flight line driving lessons to all employees at the airport. They are available on line. Its a requirement at many airports.


This would solve all the safety issues and make the airport a safe and happy place for it tenants, customers, and visitors alike. We could all have a barbeque and be friends. We'll just need to remember not to do it within 50 feet of the fuel farm, fuel trucks or aircraft and not speed on the flight line getting there or cross any runways without contacting the tower first. And please Leave your guns at home.
It could be held in conjunction with an OPEN HOUSE at the City Terminal. The airport master plan could also be presented with advice on how to get grants and permits to do business at the airport.


But first I'd like to see the fuel analysis report.
=========================================================
The city fire marshal has now approved a temporary storage tank for JET A.



I think the fact that city manager Morrison posted as a guest columnist shows that they are desperate. Afraid of being sued. That still may happen I suspect. Some deep pockets are involved.



The truth is being revealed. The emperior has no clothes.




 
An FAA investigation because a fuel truck crossed a runway?


FAA has been cracking down on runway incursions the last couple of years, but still,...

... maybe that was all the excuse they needed to get something started?
 
An FAA investigation because a fuel truck crossed a runway?

That's what I thought. I think they do that here to get to the T's all the time (no self-serve yet) - just a call over to the tower, clear to cross.
 
I wonder if the city anticipated this degree of support for the private FBO. The city appears to be in a difficult position. If they abused their authority by playing loose and fast with the rules somebody on the government side might be at risk for getting caught and possibly punished. It is also possible that the city will double down since they would not want to admit to any malfeasance and can send the legal bills to the taxpayers.
 
As the locals take this issue public, the worst mistake they can make with the general public is to focus on the details. Focus on the government using its authority to run a competitor out of business.

In that part of the country, you'll get traction.

If the stories in the local paper begin with the details, nobody will read past the first paragraph.
 
Local comments to paper concerning City Managers charges.


  • Mr. Morrison has submitted a "smoke screen" response to the problems he has been a participant creating. Since the expiration of New Braunfels Aero's initial lease there has been an obvious campaign to get them out of the way. You can try to disguise it with all these compliance items and probably fool the general public who have not been around the airport. Those of us with first hand experience with New Braunfels Aero and the New Braunfels Airport Director see clearly that this current Airport Director has it in for New Braunfels Aero and is pulling every obnoxious trick he can show them as bad tenants. They are in fact good service providers and that sadly is why the city wants them out of the way. Most of the fuel sales on the airport goes to them and the Airport Director is all burnt up about that.
    What about the agreement the City of New Braunfels signed (with a bundle of legal expense to New Braunfels Aero and the tax payers of this city) which was handed down by a district court whereby the City of New Braunfels was to sign the lease extension for another 40 years. They have not lived up to their agreement. Shameful. The Airport Director needs a pink slip. He is not suited to the position. The City Manager may also need a pink slip if he does not have the guts to correct the course the city is on in reference to New Braunfels Aero.

    read less (1 less line)
  • blazer posted at 2:47 pm on Sat, Mar 26, 2011.

    Posts: 108
    Morrison is simply doing what he convinced the council he needed to do. Why we will learn when all the facts are revealed.

  • ionizer posted at 10:20 am on Sat, Mar 26, 2011.

    Posts: 7
    Correction, the city allocated $70,000 of $400,000 Industrial development Corporation grant money to upgrade Alpha aircraft's facility. Not $400,000 as I stated earlier, Alpha is a good company and i have no beef with them.
    Mr Morrison, Why not use industrial Development Corporation money to upgrade NB Aeros facilities Or a least repair the street leading to NB Aero. Since the fuel farm is the property of the city it would be a legitimate use of Industrial Development Corporation money for modification and remediation as it is doing to hanger 2317 by remodeling office space, upgrade electrical , install a new air compressor and air lines and install radiant heat.
    Lets play fair, I'm sure the airport director could assist with the proper paperwork to get this done and present it to the council for approval. That is if there is still any money remaining in the Industrial Development Corporation fund. You could just get a refill from the taxpayers. Industrial development Corp. money could also be used to give flight line driving lessons to all employees at the airport. They are available on line. Its a requirement at many airports.
    This would solve all the safety issues and make the airport a safe and happy place for it tenants, customers, and visitors alike. We could all have a barbeque and be friends. We'll just need to remember not to do it within 50 feet of the fuel farm, fuel trucks or aircraft and not speed on the flight line getting there or cross any runways without contacting the tower first. And please Leave your guns at home.
    It could be held in conjunction with an OPEN HOUSE at the City Terminal. The airport master plan could also be presented with advice on how to get grants and permits to do business at the airport.
    But first I'd like to see the fuel analysis report.


 
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More comments from locals

The City manager could put a stop to this if he just released the results of the fuel analysis from fuel in the NB Aero tanker. Why are you stalling ? Let me answer that for you. Your airport director has put the city in a predicament. He claims the fuel is bad but he did nothing for 5 days. If this really were a safety issue and planes crashed the city would share that liability for not acting immidiately. Also, by keeping the results of the test secret he is causing aircraft owners to make the choice of either flying their aircraft and risking who knows what or waiting for the city to disclose the test results preventing aircraft from flying and loosing revenue and enjoyment of their investment. The third choice is to remove and dispose of the fuel and replace it at considerable expense. If the fuel is later found to be good the operator may pursue legal action for expenses for unnecessary maintenance caused by the city's accusations.. Thats what we are trying to avoid Mr. Morrison. Just release the results.
NB Aero had Fuel test results returned and distributed to pilots March 16th.
As for safety on the taxiways and ramp area. I have observed your city vehicles including fuel trucks routinely speeding on the ramp and taxiways. The sign at the entrance to the ramp indicates the speed limit is 15 MPH. Your drivers were going at least 30 mph if not 40. I have observed drivers drive directly at aircraft and not use chocks when they exited the vehicle with the engine running. I have even come face to face with a police car while taxiing to the runway. Tower was closed.
INTIMIDATION BY AIRPORT EMPLOYEES. On Wednesday March 16th the airport director led a convoy of 8 large vehicles blocking the New Braunfels Aero ramp. Only 4 people exited the vehicles. They could have all fit in one or two vehicles and parked in the parking lot. The airport director then called 911 because the local plane spotter dared to take pictures of the event. Since the police were called this should be a matter of record as police time was spent/ wasted on this abuse of the 911 system.
I ask again Mr. Morrison. Release the results of the fuel test .
As you know an open records act request has been delivered to the city. The results are known by your lawyers i'm sure. Smart building a firewall of contract lawyers so you can claim YOU DON"T KNOW.
I even have a copy of independent analysis dated 16 march that I showed to the fire marshal.
The fuel is good.... Report from Alcor Petrolab: Aviation gas 100LL blue in color.
Note: Sample meets ASTM D-910 specifications for aviation gasoline for the above test. Sample shows no signs of contamination with a heavier product.
Stop hiding under this criminal investigation excuse and release the test results.
Other irregularities:$20,000 grant given to alpha aircraft for purchase of FAA service manuals. Not real property that the city owns but tools used in aircraft maintenance. Aug 9, 2010 council meeting page 19-21. I didn't mention the $70,000 spent to upgrade the building for Alpha.
$70,000 shifted to airport balance to show a positive balance on the airport operation.
You won't allow NB Aero to spend its own money to make upgrades to its facility.
Show us the results of the fuel analysis Mr. Morrison. I promise I won't sue .
 
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You're running the risk of getting all lathered up and bogged down in details that come across as a bit shrill. Figure out your best arguments, summarize them into bullet points and stay on message. You're in a political debate, you must emulate their behavior in order to win.

More comments from locals

The City manager could put a stop to this if he just released the results of the fuel analysis from fuel in the NB Aero tanker. Why are you stalling ? Let me answer that for you. Your airport director has put the city in a predicament. He claims the fuel is bad but he did nothing for 5 days. If this really were a safety issue and planes crashed the city would share that liability for not acting immidiately. Also, by keeping the results of the test secret he is causing aircraft owners to make the choice of either flying their aircraft and risking who knows what or waiting for the city to disclose the test results preventing aircraft from flying and loosing revenue and enjoyment of their investment. The third choice is to remove and dispose of the fuel and replace it at considerable expense. If the fuel is later found to be good the operator may pursue legal action for expenses for unnecessary maintenance caused by the city's accusations.. Thats what we are trying to avoid Mr. Morrison. Just release the results.
NB Aero had Fuel test results returned and distributed to pilots March 16th.
As for safety on the taxiways and ramp area. I have observed your city vehicles including fuel trucks routinely speeding on the ramp and taxiways. The sign at the entrance to the ramp indicates the speed limit is 15 MPH. Your drivers were going at least 30 mph if not 40. I have observed drivers drive directly at aircraft and not use chocks when they exited the vehicle with the engine running. I have even come face to face with a police car while taxiing to the runway. Tower was closed.
INTIMIDATION BY AIRPORT EMPLOYEES. On Wednesday March 16th the airport director led a convoy of 8 large vehicles blocking the New Braunfels Aero ramp. Only 4 people exited the vehicles. They could have all fit in one or two vehicles and parked in the parking lot. The airport director then called 911 because the local plane spotter dared to take pictures of the event. Since the police were called this should be a matter of record as police time was spent/ wasted on this abuse of the 911 system.
I ask again Mr. Morrison. Release the results of the fuel test .
As you know an open records act request has been delivered to the city. The results are known by your lawyers i'm sure. Smart building a firewall of contract lawyers so you can claim YOU DON"T KNOW.
I even have a copy of independent analysis dated 16 march that I showed to the fire marshal.
The fuel is good.... Report from Alcor Petrolab: Aviation gas 100LL blue in color.
Note: Sample meets ASTM D-910 specifications for aviation gasoline for the above test. Sample shows no signs of contamination with a heavier product.
Stop hiding under this criminal investigation excuse and release the test results.
Other irregularities:$20,000 grant given to alpha aircraft for purchase of FAA service manuals. Not real property that the city owns but tools used in aircraft maintenance. Aug 9, 2010 council meeting page 19-21. I didn't mention the $400,000 spent to upgrade the building for Alpha.
$70,000 shifted to airport balance to show a positive balance on the airport operation.
You won't allow NB Aero to spend its own money to make upgrades to its facility.
Show us the results of the fuel analysis Mr. Morrison. I promise I won't sue .
Chris Penski
 
As I read it, seems like the basic argument against the FBO boils down to bull$hit. Sounds like they're accusing them of driving 55.5 in a 55 zone. Then again, I'm a pilot, with a bias.

I concur with Wayne. Keep it simple. Keep it coherent. Explain it to people so even a 3rd grader could understand it. No histrionics. No conspiracy theories.

Good luck.
 
If the city crooks, I mean attorneys, played loose with the facts, on purpose, to get a TRO, then they are subject to serious legal problems from lying to a judge, to submitting false statements. Put some pressure on the Attorney General to open an investigation into this malfeasance (using public funds in this way) and possible perjury charges.

They will **** themselves if the Attorney General starts snooping around.
 
An FAA investigation because a fuel truck crossed a runway?

I can answer that. I was an the EAA meeting where the FBO operator spoke.

Evidently one of their drivers had to cross a runway to fuel a plane. He made several calls to the tower and received dead air in response. I think he made a call on his cell phone but finally looked both ways and crossed the runway. An FAA investigation was called, I believe that they said no foul, no harm. But the airport blocked him from driving the truck after that.
 
They will **** themselves if the Attorney General starts snooping around.

I think that the state Attorney General has been consulted on this matter. My understanding is that the FBO got a judgment telling the city to extend their lease. The city refused to sign it so the Attorney General's office was contacted. The FBO was told to file a criminal complaint with the DA, which they did. Guess who the DA works for? (If you can't guess, I'll fill in the blank later.) Well the DA's office has failed to act on the complaint.

There's dirty dealings going on here.
 
I think that the state Attorney General has been consulted on this matter. My understanding is that the FBO got a judgment telling the city to extend their lease. The city refused to sign it so the Attorney General's office was contacted. The FBO was told to file a criminal complaint with the DA, which they did. Guess who the DA works for? (If you can't guess, I'll fill in the blank later.) Well the DA's office has failed to act on the complaint.

There's dirty dealings going on here.
One government official favoring another government official? How can that be? AOPA should call the Attorney General's office to find out why they are not enforcing a legal judgment.
 
About the fuel truck crossing the runway. It just came to me. That was when the ground radio frequency was broken. The tower couldn't talk to anyone on ground for about a month. The citys radio was broken.
 
Latest News,
City cancelled hearing and agreed to return fuel truck. It's not over by any means.
 
So question! Will the Pro NB Aero group consider it a win if the City just drops everything and says never mind OR is NB Aero going to pursue this to try and expose and oust the alleged unsavory characters from the City gov't or airport commission?
 
NO, we want the perpetrators of this gone. Airport management, GONE, City management Gone. Otherwise it will continue . We want to expose corruption and make this place a happy place again. The libertarian way.

News article in works.
 
Last edited:
CITY BACKS OUT OF DEAL:

NEW BRAUNFELS — A hearing in the contentious battle between the city and its primary airport contractor was postponed Tuesday.
The sides, however, can't even agree on why it was canceled.
Larry Berkman, attorney for NB Aero, says the two sides will probably settle the case out of court. Allegations of improper handling of jet fuel would then be dismissed.
“We hope to have it resolved in another day or two,” he said. “I can't speak for the city, but I believe that all of the issues will be resolved in a few days.”
And Sam Adams, NB Aero co-owner, says the city is returning an impounded fuel truck, which is a sign the stalemate nears a conclusion.
But City Attorney Alan Wayland says none of that is accurate.
The city was granted a temporary restraining order against NB Aero, alleging that it mixed two types of fuel, which is illegal and dangerous. The injunction prohibited the company from selling fuel.
The postponement allows the city to gather more evidence, do more testing, and broaden the scope of its inquiry.
“Right now,” Wayland said, “there is no settlement. There is no pulling down of the TRO. It is extended until April 11.”
The impounded truck, Wayland says, will remain in city custody. Preliminary testing of the fuel indicates there was some mixing of non-aviation fuel, though he wouldn't release specific test results. The city fire marshal might be called in to assist, Wayland said, indicating a possible criminal investigation.
Adams has said his company wasn't selling mixed fuel nor was it hiding the delivery of it, as was alleged by the city in court documents. The company's fuel farm wasn't a danger to the environment or to the public, Adams said.
The shutdown of fueling has forced Adams to lay off 10 employees and close the fuel service. The loss of that revenue caused a shutdown of the airport cafe. Local pilots have rallied around him, accusing the city of attempting to run Adams out of business. Without NB Aero, the city would become the lone fuel provider at the airport.
Wayland has denied any sort of vendetta, explaining that inspectors were merely enforcing existing city, state and federal rules.
NB Aero's fuel farm remains out of compliance, he said, and there is no temporary storage facility, meaning NB Aero will remain on the sidelines.

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Read more: http://www.mysanantonio.com/news/lo...t-squabble-disagree-1313289.php#ixzz1I35KPxIj
 
I'm relatively local and I'm appalled... I love New Braunfels, was born there... but this is silly.

Ryan
 
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The city has backed out of the deal made earlier. They have made a full court press using the media to smear NB Aero. Of course its all lies and half truths. TV folks never got FBO side just ran with citys line of BS.

We called KENS 5 and expressed our opinion of their report as being 1 sided half truths. Story didn't run at 5&6 pm. Not on internet either. May be city hit and run deal with TV.

Letter sent to DoJ & FEOC describing citys antics.
 
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