Judge stops sale of airport property

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Wednesday, April 3. 2013
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The Dodge County Board of Commissioners instructed county attorney John Harrington to issue an injunction against the Heart of Georgia Regional Airport Authority to stop the sale of river property the authority was advertising to be sold on March 29 at a special called commissioners meeting on Wednesday, March 27, 2013.

The airport authority advertised for sealed bids for 45 acres of river property in the March 20 and March 27, 2013 editions of The Dodge County News.
Commission chairman Dan McCranie made a motion that stated, “I make a motion for the county attorney to file an injunction to stop the airport authority from selling assets bought with county funds and possibly federal funds and for other reasons as may be determined.”

Commissioners Jr. Howell and Brian Watkins voted for the motion. Commissioner Terry Niblett abstained from voting and Karen Cheek was absent from the meeting. (According to Robert’s Rules of Order, an abstention counts as a no vote. The motion passed 2-1)

Attorney Harrington filed a “Plaintiff’s verified complaint for temporary restraining order injunctive relief and other relief” against the airport authority on Thursday, March 28, 2013 in the office of the clerk of superior court of Dodge County.

On Friday, March 29, Oconee Judicial Circuit Court Judge Sarah Wall heard the case and issued an “Order on motion for temporary restraining order”.

According to the order signed by Judge Wall, the airport authority can “take no action affecting the authority’s real or personal property which will have the effect of disposing or encumbering assets, changing the financial status of the authority, approving any contracts or accepting any bids to dispose of property, employment contracts, enter into any leases or otherwise bind the authority to any extended obligations. In particular any sale of property on the river, disposition of glide slope bids, airport manager’s contract, disposition of the revolving loan fund and any action on the DPS (Dynamic Paint Solutions) lease are enjoined pending further hearing in the matter”.

Nothing in the order issued by Judge Wall will interfere with the normal day to day operations of the authority.

Another hearing on this matter is scheduled for April 18, 2013 in the superior court of Dodge County.

Heart of Georgia Regional Airport Authority (HGRAA) Chairman Eddie Driggers provided documentation that showed where the Federal Government provided funds to purchase an additional 25 acres of wetlands, but did not provide any funds to purchase the 46.63 acres in question. Driggers said that he has also not been able to find, so far, where the county provided any funds to purchase the 46.63 acres. Driggers stated that the authority needed the money to help pay for projects that are ongoing at the airport, including the glide slope and the airport runway lighting system.

The county, as of presstime, has also not provided any documentation as to their giving funds to the airport authority to purchase the 46.63 acres, but still contend that because they give the airport approximately $1,000.00 monthly for day to day operations and pay approximately $92,836.00 per year on a note to pay for the airport runway extension, they have a vested interest in the sale of the property along with watching out for the interest of the citizens of Dodge County.
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#1 Anonymous on 04/03/13 at 02:27 PM [Reply]
So Drigger's brought proof to the hearing and the county had none? Just like the good old boy system in DC. Let's see what happens on the 18th when the county has to ante up with some proof of their reasons for the injunction and they don't have any.
#2 Publis on 04/03/13 at 02:31 PM [Reply]
I smell a rat...
#3 DCwhat? on 04/03/13 at 03:18 PM [Reply]
Nice. Commissioners can't get along with the Airport. Airport can't get a long with the Chamber. Chamber can't get a long with the City Council. Our State Rep is being sued for taxes and he wants the Development Authority to absorb the debts of the Airport board.

In DC, this makes perfect sense! (why didn't I think of it?)
#4 Anonymous on 04/03/13 at 07:10 PM [Reply]
Why didn't commissioner Niblett tell McCranie to call the airport board and have a meeting to iron all this out? Why can't people just pick up the phone and discuss it like adults? Something is very wrong with this entire story? If the county doesn't have any proof then it seems to me they are doing someone a favor. We continue to be the laughing stock of middle Georgia!
#4.1 piddler. on 04/04/13 at 11:24 AM [Reply]
I have it on good authority that in the hearing the Judge and the county asked the airport to wait before taking all these actions at called meetings and eddie driggers refused. That is why they had to have an injunction. Why did the airport authority feel the need to set five things down for a called meeting, which will have a permanent effect on the future of the authority, in such a hurry. That's right it is not just the land, it's more. If they weren't trying to slop something by us, why not at a regular meeting and why not wait.
#4.1.1 Anonymous on 04/29/13 at 09:11 PM [Reply]
Then why did the Judge rule in the favor of the airport authority? The injunction was a big hoax and cost the taxpayers a lot of money!
Dan McCranie is useless and should be recalled!
#4.1.1.1 Anonymous on 05/01/13 at 05:50 AM [Reply]
That's right. It was a HUGE hoax.
#4.1.1.2 Publis on 05/01/13 at 08:32 AM [Reply]
Danny McCranie and the Commissionites presented enough evidence for Her Honor Wall to grant the initial injunction. Thus, they had to have a case. The Commissioners just didn't have enough of a case to get a permanent injunction once the Airport Authority was able to defend its position. In this old fool's opinion the Commissioners argument about how they pay $1,000 worth of the Airport's expenses monthly and the amount they have paid yearly on a loan of the Airport's is a convincing argument. But, if this was any other situation were a parent was paying some of the expenses of their unruly child, and that child decided to sell off some of their old stuff to make some extra money, the parent probably wouldn't be able to stop them permanently either.

I'm going to go get my morning coffee from McDonalds and I will be back to chew the fat on this here notion of having someone being an employee and a contractor at the same time. For the life of me I can't make sense of how it makes sense to loan the contractor $100,000 that they can pay back from the money that you pay them to be an employee for you. I do declare.
#4.1.1.2.1 Charlie Spratt on 05/10/13 at 06:32 PM [Reply]
On May 1, 2013 at 08:32, Publis said, "For the life of me I can't make sense of how it makes sense to loan the contractor $100,000 that they can pay back from the money that you pay them to be an employee for you. I do declare."

===================

Publis,

Had you attended the Special Called meeting where this was discussed, you would have heard my explanation / clarification directed toward Steve Greer (thanks Steve!), but also for the benefit of others in attendance, regarding how Jeff can operate _both_ a flight school (that doesn't compete with the college) and maintenance shop, while simultaneously performing duties as the Airport Manager.

Unlike the automotive industry, aviation is rather unique in the fact that anyone that does any sort of maintenance on an aircraft, save certain "preventative maintenance" items like inflating tires or changing the oil, is mandated by the Federal Aviation Administration (FAA) to hold at least an Airframe & Powerplant (A&P) certificate. The FAA goes further for annual aircraft inspections, where the individual signing-off on the aircraft has to have Inspection Authorization. We're EXTREMELY lucky in Eastman to not only have a certified A&P mechanic on-hand as the manager, but he's also a Certified Flight Instructor. By virtue of Jeff obtaining an aircraft for rental and flight instruction, he'll give the flight students at Middle Georgia State College an opportunity to rent that aircraft for day and/or weekend trips, and provide flight instruction to those seeking a pilot's license for (mostly) recreational use without having to seek a college degree in the process. Furthermore, due to school regulations, the aircraft owned by MGSC can only be used by students for flight training and staff/faculty for official business--they can not be rented for recreational flights. If Jeff has a rental airplane on the line, this would give both students and residents an opportunity that isn't currently available locally.

If this plan comes to fruition, Jeff will indeed wear a few hats. Like I mentioned at the meeting, there's no clear delineation between his duties as a manager or mechanic. If an aircraft lands after hours and requires a mechanic and fuel, as soon as Jeff opens the terminal building for the pilot and passengers, he's operating as a manager. When he walks back out the door to perform maintenance on the airplane, he's a mechanic. When he fills the aircraft up with AvGas, he's fulfilling management responsibilities.

So you see, the lines will be blurred; however, this is common in the aviation industry because it's a niche market.

The Authority is on top of instituting checks and balances, as mentioned during the meeting. Honestly though, neither the Authority members or the taxpayers of Dodge County need to be worried about Jeff not getting his requisite 40 hours per week. Airport Managers (good ones anyway) rarely work only 40 hours a week. For what it's worth, I'm a faculty member for MGSC whose office is in the Terminal Building, and I typically spend upwards of 50 hours a week (or more) at the airport myself, and work closely with Jeff on a daily basis. Jeff is usually there before I get there in the morning, and is still working when I leave late in the afternoon/evening. That doesn't include the weekends when U.S. Army aircraft use Eastman as a fuel stop, or holidays when he's there providing outstanding customer service.

As far as my qualifications go, I served our country with distinction and retired from the U.S. Air Force after 21 years on active duty. I've been in aviation overall fornearly 25 years as a pilot, air traffic controller, and airport manager, and hold three aviation-related degrees (Associate's through Master's), all with honors.

That said, if you'd like clarification or elaboration on anything I've stated in this post, feel free to call me at my office: 478-448-4737, and I'll be more than happy to answer your questions.

*Disclaimer: the statements and opinions expressed in this post are mine and mine alone, and don't necessarily reflect those of Middle Georgia State College or the University System of Georgia.
#4.2 tax payer on 04/04/13 at 02:18 PM [Reply]
There was an attempted reconciliation on the commissioners' part already. If you don't like the current elected officials, quit stirring the pot and run for local office yourself.
#5 Anonymous on 04/03/13 at 08:03 PM [Reply]
Yea, I bet the airport needs money...lots of it...to pay their attorney fees!
#6 Milton on 04/03/13 at 10:16 PM [Reply]
Yes it is starting to look like the County Commissioners move was really just a stall tactic. Unless Deal signs off on the pending legislation that would abolish the Airport Authority, I don't know if the County has enough to get a permanent injunction to bar the sale of the land.

It will be interesting to see what argument the County makes for the judge to side in their favor. Either way it goes, we the citizens will feel the blow somehow. The County says that if it doesn't go its way they will need to purchase additional lands to meet Federal mandates. The Airport says they will not be able to continue paying their bills if it doesn't go their way.
#7 The Truth on 04/04/13 at 10:24 AM [Reply]
Here's one HUGE problem that has yet to be mentioned in any news article or comment, and something Mr. Pruett (or anyone else for that matter) apparently didn't take into consideration when HB 635 and 636 were introduced.

Let's say for argument's sake, by a stroke of the pen by the Governor, the HGRAA is abolished and the EDA takes over responsibility for the airport. Any land that the EDA owns adjacent to or at the airport would more than likely become part of what's called the Airport Layout Plan (ALP). ANY LAND DESIGNATED AS PART OF THE ALP CAN NOT.... let me repeat that part... The land *CAN NOT* be used for non-aeronautical purposes. The FAA can (and will) take punitive compliance actions, such as withholding funds under 49 U.S.C. 47114. In other words, the airport could lose federal grant money. The FAA’s decision to withhold these funds can potentially deprive aeronautical users (such as the aviation program at Middle Georgia State College) the benefit of capital improvements at the airport which could enhance operations or even expand capacity.

Grant assurances by the FAA are designed to protect the public’s interest in civil aviation by ensuring Airport Improvement Project (AIP) investments serve their intended purpose--AIRPORT IMPROVEMENT.

Furthermore, acquisition of property with airport revenue, *regardless* of whether the property is on the ALP, falls under the above guidelines and MUST be used for aeronautical purposes. The FAA's stance is twofold: income generated by an airport must be reinvested in the airport, and any property located on an airport (offices, hangars, etc.) must be used for aeronautical purposes. In other words, it has to have wings, jets, props or rotors. (There is, however, a waiver process, and the airport can petition the FAA to allow non-aeronautical industry to utilize airport property... again, there's a process for this, and it has to be justifiable. Whoever runs the airport is prohibited from arbitrarily picking non-aeronautical industry and allowing them to utilize airport assets).

As it stands now, the airport walks a very thin line with respect to industry already at the airport. Although these industries service the aviation community by virtue of what they do, they are, in effect "non-aeronautical" industries on the airport, leasing airport property. All it would take is one inspector from the FAA to declare these industries as "non-aeronautical" to get the punitive "penalty ball" rolling, and cut off federal funding to the airport.

It would benefit Judge Wall, Dan McCranie, and even the current members of the HGRAA to read (or at least become familiar with) Federal Aviation Administration Order 5190.6B, "FAA Airport Compliance Manual". Do a Google search, you'll find it.

On another note yet to be mentioned, by virtue of what the Airport Authority does with respect to aviation safety and land acquisition, the Authority has police powers and the power of Eminent Domain. How would the citizens of Dodge County feel if that power was transferred to the EDA? Something to think about.

Bottom line, from my observations, I see a lack of education on federal guidance of airport operations by ALL parties involved (County Commission officials, elected representatives, judicial members, AND the current Airport Authority). Granted, 5190.6B is a lengthy document, but the way I see it, it's incumbent on those representing the airport, along with those individuals purportedly being good stewards and representing the best interests of the taxpayers of Dodge County, to at least have some familiarity with what can and can't be done when it comes to airport operations.

Lastly (for those of you on the EDA that might be reading this), if the EDA inherits the airport, don't think for a minute that you'll be able to use proceeds generated by the airport from fuel sales, hangar rent, etc., for any purpose other than airport operations.
#7.1 Anon on 04/05/13 at 01:08 PM [Reply]
The truth, it sounds like you pretty familiar with airports and rules. Maybe the airport authority people needs to contact you too speak on there behalf
#7.2 Publis on 05/13/13 at 08:15 AM [Reply]
Sir, thank you for your thorough summary of how this process can best work. I echo your commendations of Jeffie. He is a gentleman and a scholar of all things aviation. The citizens of Dodge County have been served well by Jeffie being the centerpiece of all of this. A good man was put into roles that will require a lot of his time. I have softened my stance on the dichotomous roles that Jeffie has been empowered to fulfill. As you have shared, this is a niche that may not offer a high number of skilled candidates. I will get to more on that in a few. Now, that I have hopefully ameliorated the contentious tone present in the air, I would like to be provided the allowance of saying that ad hominem is a practice in Dodge County that must be ended.

People must be able to intelligently affix criticism to the processes and not to the people associated with the processes. I am very Theory Y when it comes to people and their efforts on the job. I genuinely believe that most individuals strive to give their best efforts and intentions. This is not to say that people can't fail or error in judgement.

My point of departure in this matter is that there may have been an expanded pool of potential service providers had the authority made it known that their was a $100,000 loan associated with their expansion of services request. Jeffie was hands down a great fit for the task. Will the Airport Authority always get it right when they hand pick, fund, and bet the community's money on their own horse in the race? You probably know the market better when it comes to the availability of these types of service providers. Maybe the Airport Authority knew it was a limited pool in this niche, but as a citizen I like to know that we fully advertised what we were going to do and went with the best. My poker game buddies had already told me that Jeffie was going to get a $100,000 loan to purchase a plane but that was a fact that was shared with other potential candidates. You can check my earlier comments to see that. I think we have the best with Mr. Fordham but could his competition for this contract have been more competitive if things were fully disclosed? My issue is the process and not Jeffie.
#8 Anonymous on 04/04/13 at 11:36 AM [Reply]
Milton, the only thing the county has is the good ole boy network...why else would the judge side in their favor...they have no grounds for the injunction and no proof of their assertions. If they did, you can bet they would have shoed it to the news paper already.
Now I'm hearing Jackie boy took a trip to see the Governor and let the cat outta the bag with Jimmy P's shenanigans.
#9 Milton on 04/05/13 at 07:42 AM [Reply]
I agree with you to some degree. They had enough to get a Judge to give them an initial injunction. But if I'm recollecting how injunctions work correctly, the judge will hear from both parties on the matter before ruling in favor of a permanent injunction. Will see after the next hearing.

As for Mr. Burnham going up to see the Governor. Oh lord I don't know if either authority feels comfortable with that. When the Governor finds out he has a position on both boards, Deal may better understand some of the obstacles this County has.
#9.1 desires justice on 04/08/13 at 03:28 AM [Reply]
You don't seem to have a problem with Jimmy Pruett being on the board of the bank that is being sued, and trying to abolish the airport authority who is suing that bank! Just so happens he was the vice chair with the airport authority when all this mess got started. He also was a director at CB&T at the same time! He started the mess that Burnham and other men of integrity are trying to clean up.
Burnham is one of the few men in this town that stands for what is right, and has the guts to do something about it! It's easy to stay behind the scenes and write an email now and then trying to convince people that you are an intellectual, but it’s a whole different ball game when you actually get out there and swing the bat! I don’t see many other so called men in this town that have the courage to take a stand!
#10 Anonymous on 04/22/13 at 09:03 PM [Reply]
Here you go...Jimmy P is crooked as the rest...
http://www.myajc.com/news/news/state-regional-govt-politics/legislator-got-free-building-courtesy-of-taxpayers/nXR4H/?icmp=ajc_internallink_textlink_apr2013_ajcstubtomyajc_launch
#11 Publis on 04/23/13 at 08:27 AM [Reply]
Well things have been a little slow lately in the news but I have a joke I wanted to share.

What happened to the Heart of Georgia Regional Airport Authority when the governor decided not to sign the bills to abolish it?

Wait for it, the bills still go into action because only a veto can kill them. I crack myself up. Sorry for making light of a contentious situation but really all this hooting and hollering that each side is doing doesn't amount to a hill of beans. The governor isn't going to veto it, why would he get involved in a local matter that the overwhelming majority of the state legislature voted to affirm? Now that will be a newsworthy story worth investigating if he does.Deal has forty days from the date the bills were sent over to veto it. The bills take effect when he signs them or after the forty days are up. Anybody know how long it has been?

So why would the Judge rush a judgement if she is aware that unless Deal vetoes, which at this point in time it doesn't look like he is interested in doing so, the bills will pass?
#12 Anonymous on 05/01/13 at 05:49 AM [Reply]
Attention all you Dodge County citizens out there who think the county commissioners are playing fairly. The restraining order was tossed out by Judge Wall after the hearing. The Airport witnesses showed their proof and the county attorney showed he had no proof! What a comedy hour! At least the Judge ruled according to law. The commissioners had no proof whatsoever to bring the injunction. I guess good ole boy Jackie B got one up on McCranie and company????
#13 Anonymous on 05/01/13 at 07:31 PM [Reply]
Can you say VETO!
#14 Anonymous on 05/07/13 at 05:14 AM [Reply]
What ever happened with the bill Jimmy P submitted? Haven't heard anything in the news. I heard last night the airport sold the river property and made a good profit. Where will the money go to? Attorney fees! We need to get rid of the airport board and stop the lawsuit NOW!
#15 Anonymous on 05/07/13 at 03:45 PM [Reply]
http://gov.georgia.gov/press-releases/2013-05-07/deal-issues-five-veto-statements

There is what happened to the Bill......
Vetoed.
#16 Publis on 05/07/13 at 05:47 PM [Reply]
Well it is good to see some closure on the James Pruett legislation. Nathaniel found cause to veto them. James purported angle of doing away with the lawsuit is not the biggest story in all of this here. The Governor getting involved in what seems to be a local matter is the true tale. I would stay tuned in on this one folks. I don't think this here story is done. This is just one of them cliffhanger endings like in Ma's soap stories.
#16.1 FedUpx2 on 05/07/13 at 09:51 PM [Reply]
The story is be careful how you try to back door or strong arm good ole boys. When you don't pay your taxes for 10 years and owe the County more than $140,000 in back property taxes, it ain't smart to piss off the people who know about it. I for one am pleased that it was vetoed. The law suit against the banks will proceed. Dodge County will soon find out the truth.
#16.1.1 Publis on 05/08/13 at 09:57 AM [Reply]
I agree. You have to be cautious of who the messenger is when you try to send a message. If that messenger is flawed, no matter how good the message may have been it will be treated according to the messenger.

I am not pleased with the lawsuit but at this point I wish that the darn thing would go ahead and run its course so we can be done with all of that. No matter who wins or loses the lawsuit makes Dodge County look bad. So lets get it done and devote our attention to more progressive matters.
#16.1.1.1 Anonymous on 05/08/13 at 10:19 PM [Reply]
What are you talking about? Who cares who the messenger is...all that matters is the message is true or the message is false. In this case, Gov Deal decided that the messages he received from Driggers and Burnham were true. So he took action to veto it. Thankfully we still have at least one politician who will do the right thing.
#16.2 Marshall on 05/08/13 at 09:37 AM [Reply]
Wait for it . . . . You really crack me up!
#16.2.1 Publis on 05/08/13 at 11:07 AM [Reply]
Sir, you are correct to throw my previous comments back into my face. I declare I didn't see this little soap opera taking that spin. It is a good thing that I am not a betting man.

Now, my neighbor, I just want to get this lawsuit done so people can hold the Airport Authority's feet to the fire without detractors coddling the board because of the detractors ill-conceived beliefs that the death of a lawsuit is the catalyst for all this discord. When this lawsuit has run its course what will they be able to say is the reason why people are out to get the Airport Authority?
#16.2.1.1 Pearl on 05/08/13 at 10:45 PM [Reply]
The fool is never open to rebuke or correction. Therefore I will refrain from rebuking you ole POOBLIS!
#16.2.1.1.1 Marshall on 05/09/13 at 02:32 PM [Reply]
Let's head down to McDonalds and chew the fat with the old fool. See you there! (See comments 4.1.1.2 - Publis on 05/01/13 at 8:32AM}
#16.3 Pearl on 05/09/13 at 06:58 PM [Reply]
What planet are you on? Since when is political corruption of a STATE REPERESENTATIVE considered a LOCAL MATTER!
#16.3.1 Publis on 05/11/13 at 10:00 AM [Reply]
I do declare, and you are praising the man that was once listed in the Top 15 most corrupt politicians in Congress for being the judge, jury, and executioner on what is or is not corruption in Dodge County. Thanks for that good ole belly laugh.
#16.3.1.1 Charlie Spratt on 05/11/13 at 10:32 PM [Reply]
Published, there's a reply to one pf your posts (all the way up at your Post #4 4.1.1.2) that you've yet replied to. Wasn't sure if perhaps you missed it, since there's so many comments. I look forward to your reply.
#16.3.1.1.1 Charlie Spratt on 05/12/13 at 11:11 AM [Reply]
That was supposed to be addressed to "Publis". Thank you auto correct on my mobile device!
#16.3.1.2 Publis on 05/13/13 at 08:28 AM [Reply]
I made this intial comment #16.3.1 hoping that someone would have called me out on being a hypocrite for lambasting Deal's character while saying that we should not do the same to Jim Pruett.

The point in my penning this here is even though Deal was once listed as one of the most corrupt individuals in congress, many still feel that he did what was in the best interest of this community in vetoing Pruett's bills. So despite being a flawed politician himself, the message that he carried out did not get tainted by his present or past. I have said it and I will keep saying it ad hominem. It is about the process and issues, not the people. This is why I support non-partisan elections in this county. There are simply too many Jim Jones juice drinkers in this community that would hold back progress simply out of blind allegiance.
#17 Anonymous on 05/07/13 at 09:44 PM [Reply]
Gov. Nathan Deal today issued five veto statements and two signing statements. There were no line-item vetoes in the budget.

VETO No. 1

House Bill 635 changes the term of office and membership of the Dodge County-Eastman Development Authority by terminating the two members appointed by the Heart of Georgia Regional Airport Authority and allowing the Dodge County Board of Commissioners to appoint one member and the bill sponsor to appoint one member. Having reviewed the legislation and considered its necessity, I VETO HB 635.



VETO No. 2

House Bill 636 abolishes the Heart of Georgia Regional Airport Authority and transfers the Authority’s powers, duties, assets, liabilities and debts to the Dodge County-Eastman Development Authority. Having reviewed the legislation and considered its necessity, I VETO HB 636.
#18 Jimmy Joines on 05/08/13 at 04:01 PM [Reply]
How come no one but Milton is brave enough to use real names? Grow up people. If you can't STAND behind your words, you should remain silent.
#18.1 Big PIG on 05/09/13 at 10:12 AM [Reply]
Uh, ok...what ever you say! Duh.
#18.2 Charlie Spratt on 05/10/13 at 07:12 PM [Reply]
Jimmy, occasionally we do. The exception rather than the rule unfortunately!
#19 JUSTICE on 05/09/13 at 08:09 PM [Reply]
Impeach Jimmy Pruett! We need a rep who pays his taxes...for crying out loud! How embarrassing is this to the county and the district he represents.
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