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HAITHCOCK, BARFIELD, HULSE & KINSEY, PLLC 

ATTORNEYS AT LAW 

w. TIMOTHY HAITHCOCK 231 EAST WALNUT STREET haJthcockOhbhklaw.com 

GLENN A. BARFIELD POST OFFICE DRAWER 7 barfJeldOhbhklaw.com 

B. GEOFFREV HULSE GOUJSBORO . NORT H CAROUN A -7533-000 7 hulSeOhbhklaw.COm 

REBECCA B. KINSEY i^^t^ kinseyOhbhklaw.com 

WORTH T. HAITHCOCK II TELEPHONE (919) 735-6420 wofthhOhbhklaw.com 

FAX (9)9 ) 734-629 6 

July 27, 2009 

Mr. Jonathan Cross, FAA 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proc. Docket : 

AGC-610 Federal Aviation Admin, ^ 

800 Independence Avenue, SW J ^ 

Washington, DC 20591 ']'] 

Re: Delbert Johnson dPa/sL Two Dogs Aviation v. 

Goldsboro-Wayne Airport Authority, Docket No. 16-08-11 c5 

Dear Mr. Cross: 

Enclosed please find copies of the minutes from the meetings of the 

respondent's Board of Directors in December 2008, and February 

2009. My client has just recently been able to obtain these minutes 

from the respondent. Please note on the second page,,at the bottom 

of the "Consultant's Report", a Board members recommendation that 

the airport manager (SIG Aviation - the FBO currently selling avgas 

and jet fuel) "contact suppliers concerning a self-fueling service for 

Avgas only". 

Then in the February 2009 minutes, at the bottom of the first page 

under "NEW BUSINESS" a Board member reports "that he had been 

in touch with Jones & Frank concerning self refueling at the airport. 

The installation and electrical work would probably run about 

$34,000.00. This matter is on hold for now waiting to see if money is 

available from the State." 

Of course the petitioner has been attempting for several years now to 

negotiate an agreement with the GWAA allowing the petitioner to 

invest his own funds in the installation of a commercial self-service 
Mr. Jonathan Cross, FAA 

July 27, 2009 

Page 2 

avgas facility, to no avail. While the Airport Authority now seeks 

additional government monies to apparently subsidize a self-service 

installation for the current FBO, it continues to insist on 

unreasonable terms and conditions for the petitioner's proposed 

investment. 

Further indication of the respondent's favoritism for the current FBO 

is found in the December 2008 minutes. Under the "Airport 

Manager's Report" it is noted that the Airport Authority is subsidizing 

SIG Aviation's fuel sales to the tune of $1.50 per gallon. Not only is 

the respondent maintaining SIG Aviation's fuel sales monopoly, it is 

gratuitously paying SIG Aviation public funds in order to insure SIG 

Aviation's profitability. 

Again, I provide these documents to you as a supplement to you as a 

supplement to the petitioner's previous filings. 

With warmest regards, 

HAITHCOCK BARFip.D/IfaL^E & KINSEY, PLLC 

r 

By: 

GAB/11 

cc: Harrell Everett 

Pablo Nuesch 

Cleave Wilkins 
MINUTES OF THE MEETING OF THE 

GOLDSBORO-WAYNE AIRPORT AUTHORITY 

December 4, 2008 

The meeting of the Goldsboro-Wayne Airport Authority was held on Thursday, December 

4, 2008, at 7:00 a.m. at B & G Grill. 

Board Members Present: Cleve Wilkins, .Tim Maxwell, Ken Banks, Otto Keesling, Ron 

Prince and Paul King. 

Consultants and Guests Present: Harold Berk, Jim Steele, Bob Waller, Andy Anderson, 

Doug I^ancaster, Trey Gurley, Dain Riley, Harrell Everett, Jeff Jennings, and Steve Keen. 

Chairman^s Report. The Chairman welcomed everyone and thanked them for their interest 

in the airport. 

The Chairman thanked all of the board members for tlieir continued service to the airport. 

The Chairman reported that one airplane is no Jonger at the airport, and there likely will be 

another one gone soon. The major renovations previously planned for the runway extension are off 

for now. The enviroimiental assessment has been put on hold. 

Approval of Minutes. The minutes of October 23,2008, were approved as printed upon 

motion of Ron Prince and second of Jim Maxwell. 

Treasurer's Report. Ken Banks reported on the October financial statement. Expenditures 

and income are in line. 

A motion was made by Kenneth E. Banks, Treasurer, and seconded by James L. Maxwell, 

III, Secretary for the adoption of the following resolution, and upon being put to a vote was duly 

accepted: 

WHEREAS, a Grant in the amoimt of $150,000 has been approved by the 

Department of Transportation based on total estimated cost of $166,667; and 

WHEREAS, an amount equal to or greater than ten percent (10%) of the total 

estimated project cost has been appropriated by the Sponsor for this Project; 

NOW, THEREFORE, BE AND IT IS RESOLVED that the Chairman of the 

Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement 

with the Department of Transportation, thereby binding the Sponsor to the fulfillment of its 

obligation incurred under this Grant Agreement or any mutually agreed upon modification 

thereof. 
•Airport Manapcr'.s Report. Jim Steele presented his report, wliich is attached hereto and 

made a part hereof. 

He reported that the air compressor in the maintenance hangar needed to be replaced. Otto 

Keesling moved to direct Jim Steele to get prices and purchase the air compressor at the best price 

quoted, which motion was duly seconded by Paul King and duly approved. 

He further reported that the WINGS event was the most successful event we ever had at the 

airport. 

Jim reported that we had an inspection, and we should repaint the markings on the pavement 

at the airport, and our runway is only in fair condition. 

Jim Steele reported that they purchased fuel when the price was very high, and now they had 

to reduce the sales price. Otto Keesling moved that the Authority reimburse SIG Aviation $1.50 

per gallon on the sale of lOOLL aviation fuel, effective November 28, 2008. This will remain in 

effect until the next fuel supply is purchased fuel cost during this period is to be $3.54 per gallon. 

This motion was seconded by Ken Banks and duly approved. 

Engineer's Report. Trey Gurley reported that George Wolfe needs to complete the repair 

of the wall leak. 

Consultant's Report. Dain Riley reported on the last of the projects to the State Division 

of Aviation. He reported that the runway extension is not going to be done at this time. The 

environmental a.ssessment was 90% done and is good for up to 3 years. Everything is on hold. The 

authority needs to reprioritizc the projects for FY2010-14. 

He further reported that we do need to acquire the land to keep the AWOS clear. We need 

22 acres, but would probably have to purchase 43 acres. We need to upgrade the fiiel farm. We 

also really need to rehabilitate and strengthen the runway and rehabilitate the taxiway lighting. The 

land to the east is the area that we need to protect the AWOS. Ken Banks moved to accept the 

recommendations of our consultant. Otto Keesling seconded, and the motion was unanimously 

approved. 

Otto Keesling also recommended that the airport manager contact suppliers concerning a 

self-fueling service for av gas only. 

Attome>''s Report. Harrell Everett reported that he had been working with the auditor to 

complete the audit and dealing with the request for public records. Ken Banks moved that we 

request that the records be kept by the County, and that the county provide us with a depository, 

which motion was seconded by Otto Keesling and duly approved. 

\4r. Everett reported that a complaint was filed with the FAA with the Atlanta Office and 

a new one filed with Washington. 
Safety Coniinittec Report. Harold Berk reported that the WINGS event was fantastic. 

There being no further business to come before the Authority, the meeting was adjourned. 

TTie next meeting will be held on Thursday, January 22,2009. 

Respectfully submitted, 

Jim Maxwell, Secretary 

C:\MyFilcsV|wai dK 2008 niiiiiiies.wpd 
SIG 

Aviation, LLC 

Memorandum For Record 

To: Goldsboro-Wayne Airport Aulhoritj' 

From: Jim Steele 

Date: December 4,2008 

Subject: Airport Managers Report 

Old Business 

o Lightning strike insurance claim settled. We received a check for $1688 above 

our S5000 deductible. 

o Mr. Peny has a small issue with his grass-cutting and agricultural agreements 

with the Authority. He indicates that he has been paid $1750 to cut the ditches 

once per year. This was a $500 increase from the previous agreement and was 

designed to cover the expense of a new piece of equipment he purchased for this 

purpose. The new agreement proposes $ 1550 for tliis service. Need to resolve 

and get the contracts signed. 

o Bob Woods expressed concerns over repairs to the maintenance hangar. 

Additionally, he again raised the question regarding the air compressor. It runs 

constantly and therefore increases his utilities expense. We priced repairs for the 

compressor last year ($1500 - $2000). 

o Wings Event was November ]. Highlights include: 135 kids flown by EAA, 

approximately 250 attended the safety seminars, there were 93 aircraft on the 

ramp, over 100 attended the banquet. Overall, probably our most successful 

event. 

New Business 

o Annual inspection of airport fire extinguishers completed on November 12. 

o EPA recently issued changes to the Spill Prevention, Control and 

Countcrmeasure (SPCC) final rule that was issued two years ago. We're 

researching applicability for GWW. May need to develop an airport plan. Will 

advise. 

o Several issues with airport lights. All have been resolved by David Hansley. 

o Ford Tri-motor is on display this weekend from 1100 - 1400 for potential buyers 

only. Aircraft will be auctioned during Januaiy. Bob Woods is assisting. 

400 Commerce Court, Goldsboro, NC27533 919-734-7630 (Fax) 919-731-2802 
2008 Airport Project Identification Inspection Form 

Airport: (raaiOCt5<&>'go i^Aj^.'\/(^ O? -

lnspector(s): tS/ t Y 0 CIDale of Inspection: y<O~ZS'~0/ ^ 

Airport Representative aware of visit: VfeS 

Approximate Air Temperature ^^ 7 

C r^A- :sT-^-&x-^-

(name and title) 

Approximate Surface Temperature ( ^ ^ 

Inspection Items: 

A. Pavement Maintenance Work 

*Number 

Ruting Remark s 

I. Joint/Crack Sealing z. X F M u "t-'^ i Pa c •»'/-g'-

^ ^ ^ 

2. Full-Depth Asphalt Patching ^»^J e 

T T 

3. Thermoplastic Coal-Tar Slurry Seal 2^ h3AJL 

4. Pavement Sealer/Rejuvenator TAXJ,U./SJ f^E<L.O(z' 

5. Overlay ^ -

6. Reclamation and overlay ^ 

7 ^ 

^ 

7. BST and overlay 

B. Pavement Shoulder Work 

1. Need to lower built-up vegetation and shoulders O ^ 

2. Correct pavement edge drop-ofTs that exceed 3 inches ^ 

C, Drainage 

1. Cleaning out pipes and culverts 

2. Minor repairs / additions 

^ 

^ 

D. Runway Approaches 

1. Improving condition of safety areas 

2. Removal of small natural obstructions on airport property 

^ 

>r 

E. Pavement Marking 

I. Painting existing markings on all airport pavement areas ± Ht-AVn Ku^t •Sl/jxA.-v 

2. Lay-out and additional markings that are needed ^ ^A 

3. Removal of incorrect or outdated markings '^/ A 

Label corresponding letters and numbers for each item on the pavement information drawing, preferably in red ink 

•Number Rating Scale: (1-5) 

1 Needs to be addr<sscd immediately 

2 Recommended project for (FY 09) 

3 Recommended project for (FY 10) 

4 Will need correcting/improving within 2-3 years 

.•; Good to excellent condition 
GOLDSBORO-WAYNE AIRPORT AUTHORITY 

February 26, 2009 

The meeting of the Goldsboro-Wayne Airport Authority was held on Thursday, February 26, 

2009, at 7:00 a.m. at B & G GriJi. 

Board Members Present: Cleve Wilkins, Jim Maxwell, Otto Keesling, Ken Banks and Paul 

King. 

Consultants and Guests Present: Harold Berk, Harrell Everett, Doug Lancaster, Trey 

Gurley, and Andy Anderson. 

Chairman's Report. The Chairman welcomed everyone and thanked them for their interest 

in tlie airport. It was announced that the annual NCAA Conference would be held on April 29 

through May 3,2009 at Embassy Suites Concord Resort. Authority members who wish to go need 

to make their own room reservations and Jet us know if they are going so registrations can be 

completed. 

Approval of Minutes. The minutes of January 22, 2009, were approved as printed upon 

motion of Ken Banks and second of Jim Maxwell. 

Treasurer's Report. Ken Banks reported on the January financial statement. He 

announced that it would be necessary to have a budget meeting, and the date and time were set for 

Tuesday, March 10, 2009 at 6:00 p.m at the airport conference room. 

Airport Manager's Report. Doug Lancaster reported for Jim Steele. The airport 

manager's report is attached hereto and made a part hereof. 

Engineer's Report. Trey Gurley reported that the wall leak repairs have been made. 

Attorney's Report. Heirrell Everett reported that the airport is working on public records 

retention. 

Safety Committee Report. Harold Berk reported that the safety meetings would be held 

on a quarterly basis, and the next one will be April 16, 2009. 

NEW BUSINESS: Otto Keesling said that he had been in touch with Jones & Frank 

concerning self-refueling at the airport. The installation and electrical work would probably run 

about $34,000. This matter is on hold for now waiting to see if money is available from the state. 

There being no further business to come before the Authority, the meeting was adjourned. 

The next meeting will be held on Thursday, March 26, 2009. 

Respectfully submitted, 

Jim Maxwell, Secretary 

C:\MyFiles\gwaa fcb 2009 minutes.wpd 
SIG 

Aviation, LLC 

Memorandum For Record 

To: Goldsboro-Wayne Airport Authority 

From: Jim Steele — 

Date: February 26,2009 

Subject: Airport Managers Report 

Old Business 

o Jackson & Sons replaced the heating unit in the Woods Aviation hangar. During 

the repair several pin holes in the heat manifold were discovered. The heat 

manifold was also replaced. The invoices have been forwarded to the Authority, 

o Keen Plumbing repaired six water leaks in the wall of the WCC Maintenance 

Hangar. Invoice forwarded to Authority. 

o Corporate hangar rental to Mr. Overton for tlic Tri-Motor has been forwarded to 

the Authority ($1000). 

o Division of Aviation is putting together a plan to help airports comply with the 

provisions of the Spill Prevention, Control and Countermeasure (SPCC) final 

rule. We expect guidance very soon, 

c Still waiting for Dr. Dunmire's corporate hangar lease agreement. He's been 

reminded again of the requirement to complete. 

New Business 

o Quarterly inspection of AWOS completed. No problems. 

o Underground Storage Tank Permit renewed. Rates increased significantly. 

o MA Engineering Consultants, Inc. will be surveying the airport this week for 

future implementation of the Wide Area Augmentation System (WAAS). Tliis 

group was here last year for the same purpose. 

o SIG has made the decision to host Safety Meetings on a quarterly basis. This 

decision is primarily driven by manpower constraints. Next meeting will be 

April 16. 

o SIG has agreed to ho.st the next meeting of the North Carolina Airport 

Association Region One Group. Approximately 30 Airport Managers and 

officials &om the east will attend the meeting on March 31 at 1000. 

400 Commerce Court, Goldsboro, NC 27533 919-734-7630 (Fax) 919-731-2802