Judge stops sale of airport property
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.
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.
In DC, this makes perfect sense! (why didn't I think of it?)
Dan McCranie is useless and should be recalled!
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.
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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.
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.
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.
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.
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.
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.
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!
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
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?
There is what happened to the Bill......
Vetoed.
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.
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?
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.
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.