Febaiary 18, 2009 

Federal Aviation Administration 

800 Independence Avenue S.W., RM 923M 

Airports Law Branch, AGC-610 ,,i« ,• , ,,, 

Washington, DC 20591 m r ^ 

Attn: FAA Part 16 Airport Proceedings Docket I I rcR i Q 7009 I 

Subject: McMinn County Part 16 Complaint Re: Docket 16-08-12 1 1 *'^J[ ? 1 

Dea, Mr. cross. |«^^^^* ' 

Thank you for your help and interest in this matter. 

On Wednesday February 11,2009,1 received a copy of the response fon««rded to your office, 

and dated February 9, 2009, by McMinn County. Having had the opportunity to review the 

response offered, I have enclosed my reply dated tNs date and served upon all parties as 

required by 14 CFR Part 16. To ensure that the County Mayor receives the enclosed materials in 

a timely manner, these are being personally delivered in order to provide him the maximum 

opportunity with which to respond and therefore require no further extensions of time. 

Mr. Gentry, in his response, has accused me of having provided false statements to the Federal 

Aviation Administration. This is a charge which can not be ignored, as Mr. Gentry has attempted 

to use this forum as an opportunity to impune my reputation, integrity and credibility. 

Therefore, in addition to addressing the deficiencies in McMinn County's response and motion to 

dismiss, I have attempted to address what I believe are each of the purported false allegations 

made against me with the appropriate supporting documentation. 

Since, Mr. Gentry does not explicitly list what he has interpreted as false allegations, it has been 

left to me to try and determine which are the offending items. 

I have tried to keep this reply as brief as possible, but in an attanpt to forestall a similar charge of 

not being completely forthcoming or truthful, I have not only provided the appropriate replies but 

also the origination of the information and associated documentation. 

it is regrettat)le that the County Mayor has seen fit to use innuendo in place of fact, and to the 

extent that I may have inadvertently contritxited to this, please accept my apology. 

Respectfully Submitted 

William H. Keyes 

o 
Complaint 1: Section IV. Assurances. C-Sponsor Certification. Paragraph 19 Operation and 

Maintenance. 

• Mr. Gentry does not dispute that the incidents of December 9, 2005 occ'unred. 

• Mr. Gentry does not dispute that the incidents of December 9 2005 took place inside the 

airport building in front of hjs Airport Management. 

• Mr. Gentry does make it dear that there was no follow-up on any of the issues raised, 

characterizing the matter as an incident between two citizens. 

• Mr. Gentry offers no corrective action. 

He dismisses the March 20, 2006 incident between Mr. Witt and Mr. Nelson as not relevant. The 

alleged threats revealed by Mr. Nelson during that conversation, which I t)elieve were directed at 

my aircraft, should have raised an immediate red flag for the county when they were made aware 

it happened. The prdbHem here, in my opinion, is that Mr. Nelson having been granted the power 

to issue NOTAM's by the county represents not only ttie airport t>ut also the county in airport 

matters. 

Let me be very dear here, I am not alleging any wrongdoing by Mr. Nelson. To the contrary, my 

recollection of the tape suggested that Mr. Nelson was trying to make Mr. Witt aware of potential 

problems and threats that Mr. Nelson became aware of from other individuals and to which Mr. 

Witt and his students could potentially be exposed. I was one of several students working with Mr. 

Witt at that time. Whettier Mr. Nelson brought ttiis matfer to ttie attention of anyone in County 

Government is unknown to me, however Mr. Gentry has t)een aware of this matter for a very long 

time. The County Mayor deariy confirms that when made aware of the fact that threats were 

made against persons and property at the McMinn County airport he dedded to characterize the 

matter as an incident between two citizens and the matter was apparently dropped. 

Because of remaining issues with the improperiy constructed runway, in January 2006,1 t>egan to 

attend the majority of the regularty scheduled County Commission meetings. On several 

occasions, I took ttie opportunity to discuss with Mr. Gentry the status of progress on proposed 

repairs, the prospect of new hanger construction as well as ongoing protMems at the airport. 

Some of these meetings I have documented in my notes, others I do not. However, by his own 

statements on the evening of Monday April 16, 2007, County Mayor Gentry made it clear, in 

put)iic comments, ttiat he was aware of the continuing problems at the airport by stating there 

was still a small t>and of disgruntled indivkluals at the airport ttiat apparently still had hard 

feelings, tHit as County Mayor, he did not have time to *t>aby sif ttie airport This revelation was a 

direct result of comments made to the full County Commission by Mr. Jack Ferrell detailing 

threats, intimidation and property damage suffered by Mr. Fen-ell on the airport property. 

Note: As cUed In a response from the Office of Ctrief Counsel dated February 6,2009, Mr. Fenell has 

apparently filed a separate Part 16 complaint referenced as docicet number 16-08-13. 

The County Mayor and McMinn County Govemment should consider themselves indeed 

fortunate, that at least for now, actions by persons, at ttie airport, have only resulted in open 

threats, attempts at intimidation and some minor property damage. Should these issues escalate 

to ttie point where aircraft tieconrie involved or someone is seriously hurt or killed, I believe the 

defense offered by Mayor Gentry ttiat "McMinn County ctiallenqes the assumption that the 

alleged poor ttehavior on behalf of private citizens stiould be considered a vk>lation of this grant 

assurance' would be viewed as inadequate. 

In my opinion, what Mayor Gentry has failed to appredate, is that McMinn County as the airport 

owner, whether or not ttiey had received Grant furiding, has a clear obligation to ensure that the 

airport will be operated in a safe and serviceable condition and "vnW make the airport available as 

an airport for public use on reasonable temns and without unjust discrimination". 
While County Mayor Gentry states that "McMinn County will never knowingly tolerate the threat of 

physical harm to persons or property at any of our facilities, especially the airport", when made 

aware of repeated instances, he failed to take action, preferring to characterize these as "a 

private legal matter and not a violation of the grant assurances." 

The McMinn County Airport Committee, the McMinn County Commission and the McMinn County 

Mayor were all made aware ttiese activities and defidendes on numerous occasions and no 

action tias ever been taken. Ttiese feilures are a dear vk)iation of ttie Grant Assurances 

Complaint 2\ Section IV. Assurances. C-Sponsor Certification. Paragraph 19 Operation and 

Maintenance 

• Mr. Gentry does not dispute the PAPI equipment has tieen out of service for extended 

periods of time. 

• Mr. Gentry does state that NOTAM's have been issued during all repairs. This might be 

accurate if it refers to the time when actual repair activities were t)eing preformed. 

Suggesting that NOTAM's were issued covering all periods of time coindding with 

equipment outages would be incorrect. 

• Mr. Gentry offers no corrective actions to ensure proper oversight and urgency to 

prot)lem resolution at the airport. 

With regard to the PAPI, Paragraph 19 of the Grant Assurances does not make allowances for 

which equipment will be maintained at the owner's discretion. This equipment was installed with 

Federal Grant Funds and the Federal Aviation Administration and aviation community have every 

right to expect it to be maintained in a serviceat)le state. I t>elieve this to be the intent of 

Paragraph 19. To tiave the equipment out of service for well over a year and then suggest after 

the fact it was not required t)ecause it exceeded ttie 'minimum lighting standards" only illustrates 

the lack of understanding of the requirements of the Grant Assurances and proper oversight of 

the airport. 

I stand by my assertion, in the original complaint that in Odober 2007,1 went before the County 

Commission at their regiiarly scheduled meeting, and publidy asked that someone repair the 

equipment I also pointed out that neither the airport owner nor airport manager had apparently 

ever issued any NOTAMS for equipment which had been out of service for months. McMinn 

County Mayor John Gentry publicly acknowledged that he had tteen aware of the problem and 

the NOTAM was issued the next day. For darity, I called Flight Service prior to the Odober 2007 

meeting and ttiey reported no NOTAM for ttie PAPI equipment. On the afternoon of the day 

following the County Commission Meeting I called Flight Servk:e again and they did report that a 

NOTAM tiad been issued consistent with Mr. Gentry's commitment from the night t>efore. 

I also take issue with Mr. Gentry's assertion that "McMinn County has never failed to ad 

regarding the PAPI's malfunction". Mr. Gentry would have us t)elieve the "miles of wiring and 

numerous connections" caused this delay when in actuality the problem was contained to the 

PAPI units themselves. 

While we could debate the "complexity" of this equipment which contains lamps, a lens assembly, 

a couple of mercury tilt switches and a fairiy simple control board, this was new equipment, 

provided by a well established and reputable manufacturer, and yet it took the county a year or 

more to make it functional. 

To have this equipment out of service for months at a time and then suggest that "this should in 

no way t>e interpreted as gross negligence' is unacceptat>le and goes more directly to the fad 

that ttie county has failed to provide proper oversight and urgency to problems at the airport 
Not only did McMinn County fail to ensure that the airport be operated at all times in a safe and 

serviceat)le condition, they deariy did not "have in effed arrangements for promptly notifying 

airmen of any condition affecting aeronautical use of the airport". In addition they did not hdd the 

airport management accountable for there failure to ad. Failure to issue NOTAM's has been an 

ongoing problem and it is important to point out this was not an isolated occurrence. These are 

clear violations of Paragraph 19 of the Grant Assurances. 

Complaint 3: Section IV. Assurances. C-Sponsor CertiTication. Paragraph 19 Operation and 

Mairttenance 

• Displaced lighting is deariy shown in Figure 1. 

• Lighting remained in this state for several months. 

• Mr. Gentry offers no conredive actions to ensure proper oversight and urgency to 

problem resolution at the airport. 

This ptiotograph was taken on November 6, 2008. Located on the north end of the runway, these 

lights had t>een displaced throughout the summer. They were originally noticed by me and my 

instructor when flying late evenings at the end of spring 2008. Had the airport owner or the airport 

manager cared enough to look at the condition of the equipment for which they are responsible, 

ttiey might tiave noticed the lights and had ttiem set upright t)efore tieing noted in my complaint. 

They were repaired some time between the date of this photograph and January 1, 2009. 

FIGURE 1 

The fact that they were neglected for months, is yet further evidence of McMinn County's failure 

to ensure that the arport is operated at all times in a safe and serviceable condition and another 

vk}lation of the Grant Assurances. 
Complaint 4: Section IV. Assurances. C-Sponsor Certification. Paragraph 22 - Economic 

Nondiscrimination 

• This allegation invdves the dassic case of poor management and communication 

resulting in discrimination. 

• Mr. Gentry does not dispute McMinn County's failure to provide appropriate 

administrative oversight and management of the airport (i.e. Hanger List) 

Given ttie environment and potential threats, as documented in the previous paragraphs, my 

concem for the safety of myself as well as others, in addition to providing security for my aircraft 

should be evident. I willingly accepted some amount of risk by choosing to leave my aircraft 

based at McMinn County during this period of time. That risk should have not been exacerbated 

because of McMinn County's poor management 

I stand by the allegation posed in my original complaint and statement made to the McMinn 

County Airport Committee on July 16, 2007. ^ 

McMinn County admits to "administrative confusion". In actuality, this was a clear case of poor 

management. As County Mayor, Mr. Gentry is charged with the responsibility of the effident day 

to day operation of several departments, which indude the airport My conversations with Mr. 

Gentry with regard to the availakrility of hangars and maintenance of the waiting list were 

numerous and documented. When the airport management changed hands from Mr. Johnson to 

Ms. Gentry and Mr. Newman, it was rumored that a new list was being created. I discussed this 

"nev/ list with Mr. Gentry and I took his word on April 16, 2007 that he had the list, and his was 

ttie only list which counted. Make no mistake, he made a dear representation that he was ttie 

holder of ttie only offidal list and ttiere was no new list. 

In his new found darity, Mr. Gentry now exdaims that I must have been mistaken and confused. 

He suggests that I convinced Mr. Dodd that his own memory was faulty and that I swayed him to 

believe that t was always ahead of him on the hangar list. The County Mayor goes on to 

rationalize the irony that had they maintained the list chronologically, that I would undoubtedly 

been much farther down on ttie list. The date someone receives their license would seem to have 

little relevance of their placement on the hanger list, however the ownership of an aircraft based 

at the airport should. The irony here is that if Mr. Gentry had done his job and maintained the list 

in the first place we would not be disputing this issue. 

Mr. Gentry, as the cNef executive in McMinn County, failed to exerdse prudent management and 

oversight. 

He are the facts, I was placed on the list on May 30, 2004. On that day, I was told that i was 

probably forth or fifth on the list. In August 2005, Mr. Johnson made a pdnt of offering a hangar, 

which had become available on a temporary sublet basis from Mr. Stann Stepp *. This would 

indicate ttiat my name had risen to ttie top of ttie hanger list, as opposed to the theories and 

conjecture offered by ttie County Mayor. 

I was not aware that the next vacant hanger had become available until Mr. Dodd contaded me 

on July 6, 2007. 

Mr. Dodd and I have had, and continue to have a long-standing professional relationship, which 

has lasted for well over a decade. We routinely discuss flying and flying related matters. Mr. Dodd 

knew when I was placed on the hanger list because I made Mr. Dodd aware of it back in 2004. 

Mr. Dodd knew he was on the list after me, because he made the request after I did. If Mr. Gentry 

were to review his records, he would find that I have based my aircraft at and paid for tie down 

space since November 2004. Mr. Dodd purchased his aircraft and initially based it at the 

Cleveland Tennessee airport in February 2006. He later relocated it to McMinn County for a 

period of time until he secured a hanger at the Madisonville, Tennessee airport where it remained 
until he received the offer of the hanger from Ms. Gentry in July 2007. Mr. Dodd has been very 

open about this situation. Ms. Gentry was made aware by Mr. Dodd that Mr. Keyes had been 

ahead of Mr. Dodd on ttie hanger list however, she explained it had been necessary to create a 

new list. *^ 

On July 11, 2007 at Mr. Gentry's request, I attended a meeting in his office which also induded 

himself and Ms. Gentry. The following are excerpts from notes of that meeting.'" 40 

Ms. Gentry - "The first few people on the list are the people that nagged the most. And 

you have never once come to me and asked for a T hanger" 

Keyes - to which I responded, "Your right I haven't spoken with you directly about the THangers txit I assume still, that Mr. Newman is a part of Attiens Air LLC and if I go back, 

(looking through my notes) the first week in November I went over to the airport met with 

Jack (Ferrell) and that's the first time I met Taylor Newman and in that conversation we 

talked about the hangers. Told him I was looking for one, I didn't talk with you, you may 

have been in the building but we didn't speak, but I did speak with Taylor. I spoike with 

him again on Fet}ruary 26. 

Keyes - "Let me tell you wtiere I am in ttiis, wtien all is said and done Kristy. Whaf s got 

me upset attout this and the reason I am taking a very fimn stand on it was when you 

approached Steve Dodd, Steve Dodd knew when I was on the list, because he bought 

his aircraft after I did. He and I were flying together, we wori< together, he worthed for me, 

we had ongoing conversations about ttie airport we had ongoing conversations atx}ut the 

fad of what he was going to buy (referring to types of aircraft), so when he tells me that 

wtien you offer him the hanger on Thursday and he tells you that well you know Kristy I 

know for a fad Bill Keyes was on the list ahead of me, that causes me a great deal of 

heartbum and it isn't right. I mean I want to be honest with you, if you had said, oh Steve 

wait a minute let me call Bill, I prot>ably at that point would have said, well if its for St^e, 

fine just put me on there as the next person on the list, but that isn't what happened." 

Keyes - "And my position at ttiis point is that I stiould have at least t)een offered the 

hanger, it didn't happen, and now my position is you need to find me one." 

After this exchange I was asked to leave the room so that Mr. Gentry and Ms. Gentry could speak 

privately. Upon retuming to the meeting the discussion continued. 

Ms. Gentry - "I don't know if we can tell you anything today that will make you happy, I 

wished I could, there's thirty T-hangers out there and ttiere full. The next T Hanger that 

becomes available, because you are the county resident on the list, its yours." 

Keyes - "My expectations at the dose of this meeting, was somehow we all come to 

agreement that we were going to find a way that I ended up with a hanger. I can't force 

you to do it I understand ttiere all rented." 

County Mayor Gentry - "Well we may have some come up (referring to hangers). I 

thought we agreed that we would move you up to the very next spot." 

Ms. Gentry - "The fad is, there is the possibility for three T-hangers to become available 

and you'll be next. Ttiaf s all we can do for you today Bill." 

In an effort, to secure a written commitment from the July 11,2007 meeting, I enlisted the help of 

Mr. Hardd B. Stone, Aftomey at Law, recommended by the Aircraft Owners and Pilots 

Association and who was familiar with airport and aeronautical matters. 
26 28 

His attempts to confirm the commitment made on July 11, 2007 went unanswered ' 

In Fet)ruary 2008, McMinn County extended an offer of a hanger within days of confinming my 

intentions, with Mr. Hal Oliphant of the Tennessee Aeronautical Division, of pursuing my Part 13 

^^^^^•. ^ 29,31,32,33,338,34,35 

complaint. 

Mr. Gentry called me on the afternoon of Friday February 29, 2008. He indicated that hanger 17 

was empty and if I were interested, was availat)le. When I went to the airport to locate and inspect 

the hanger, I found it unlocked but contained an aircraft (N129S). Believing that I had mistakenly 

entered someone else's hanger, I called Mr. Gentry back to confimri the hanger number. Number 

17 was correct; again he stated it was available for lease and whoever owned the aircraft would 

need to remove it In an attempt to determine the owner of the aircraft I went to the airport office, 

gave ttie number ttie person behind ttie county wtio works for the FBO. He indicated he did not 

know anything atxxit the hanger availat>ility or who owned ttie aircraft 

Mr. Jack Ferrell accompanied me to the hanger and the airport office and can attest to the 

infonnation presented alxwe. 

As it tumed out Ms. Gentry, (Athens Air LLC) was the owner of the aircraft with had been stored 

in Hanger 17. 

30 

On March 3, 2008 I entered into a lease agreement with McMinn County for hanger 17, 

however, please note the lease agreement states, "This lease entered into on the 1** day of 

January" 

The County Mayor should have been more diligent, maintaining the hangar list and respected 

ttieir own long-standing policy for awarding hangars. When the airport manager was confronted 

with the fad that the individual to wtiom she was offering the hangar indicated that he was not the 

next individual on the list, she should have stopped and corrected her mistake. To make things 

worse, when this error was brought to the attention of the Airport Committee and County Mayor, 

they should have intervened and remained engaged until a satisfadory resolution was reached. 

They did not. 

I stand by my contention that the arport management and McMinn County knowingly vidated 

Section IV, Assurances, C-Sponsor Certification, Paragraph 22- Economic Nondiscrimination 

whereby the "airport sponsor will make the airport available as an airport for public use on 

reasonable temns and without unjust discrimination to all types, kinds and classes of aeronautical 

activities, induding commerdal aeronautical activities offering services to the public at the 

airport". 

Alleged False Statements - as offered by Mr. Gentry in review of my background comments. 

Paragraph 2 & 3 - After reviewing, the original text of my complaint and Mr. Gentry's response I 

can only assume he is suggesting that I have misrepresented McMinn County's role in the 

original construction problems of the airport. 

We agree that HMB Engineering, contraded by McMinn County, made all the parties aware of 

the line of site problem during a project review meeting, which took place on January 9, 2003 \ 

Mr. Gentry states that Tennessee Aeronautical Division personnel decided to go ahead with the 

project when in reality, as the airport owner, only he can approve that action. Mr. Gentry admits 

(paragraph 3) that McMinn County is technically the owner of the airport. Further, it is Mr. Gentry 

who executed and signed all Grant documentation requesting funding. 

A review of the first page of the Grant Agreement (3-47-SBGP-18) ^ deariy states that "the state 

shall be designated as the party to apply for, receive and disburse all funds." "The Grantee 
(McMinn County) shall be the recipient of funds from this block grant, and undertake an airport 

improvement project". This fact was driven home by tx3th the state and the Memphis ADO when I 

was requesting assistance on how to property proceed to get the airport fixed. McMinn County 

was responsible for the project and its outcome, even if it was done with poor advice offered with 

the best of intent. 

During a Tuesday December 6, 2005 meeting, held at the McMinn County Airport and attended 

by myself, Mr. Gentry, Mr. Witt, Mr. Paslick and Mr. Fitzgerald, it was revealed to Mr. Witt and 

myself, by HMB, that the full lengUi parallel taxiway would have never brought the airport into 

compliance with the line of sight requirements as it was designed at that pdnt in time. It became 

dear the airport would remain out of compliance with or without the addition of the full length 

parallel taxiway. A review of my notes of that meeting indicate that Mr. Gentry and Mr. Fitzgerald 

believed ttie full length parallel taxiway would fix the problem, Mr. Paslick stated ottienwise and he 

was correct in his assertion. 

With regard to the project funding, I stated the original project construdion was executed with 

Federal funding and the repair completed with State funding. The first page of the Grant 

Agreement (3-47-SBGP-18) ^ states "funds from this bk)ck granf. The Federal Block Grant 

number 3-47-SBGP-18 is deariy shown at the top of the document Attachment Two ' however, 

indicates the majority of the funds used were provided by the State. Additionally, a review of the 

first page of Grant Agreement Z-06-02-9473-00 ^ shows no Federal Block Grant number and 

refers only to "funds from the State Transportation Equity Fund or Federal Airport Improvement 

Program". To add to the confusion, Attachment Two for ttiis grant shows the majority of the 

money also t)eing provided by the State and not from ttie Federal Govemment as stipulated by 

Mr. Gentry in his reply. In September 2007,1 posed this issue to Mr. Harold B Stone and asked 

for his interpretation. His response is provided ^ and tie came to the same conclusion I did with 

regard to origination for the funding of the repairs. 

To the point: 

1) If Federal Funds were used ^ in the original construction and 

2) The line of sight defidency was identified in January 2003 ^ and 

3) Because the original Grant was applied for and approved in October 2004 ^ 

Then, I my opinion, McMinn County would have been ineligible to receive additional 

Federal Funding because ttiey would have t>een in vidation of the Temns and Conditions, 

II Certifications, B - Sponsor Certification for Prpjed Plans and Specifications, 

Paragraph 1 - All plans and specifications will be developed in accordance with all 

current applicable Federal standards and requirements, or state standard specifications 

developed under a federal grant and no deviation from or modification to standards set in 

the advisory drcular will be allowed without prior approval of the FAA and 

Paragraph 9 - All projects will be physically completed without Federal participation in 

costs that are due to errors or omissions in the plans and specifications which were 

foreseeable at the time of project design." 

If each item above is true, this suggests another violatbn of the Grant Temns and Conditions. 

On Thursday Decemt)er 1, 2005, the Daily Post Athenian published the artide "Airport Reopens 

on Limited Basis" ^. It stated "McMinn County received $2 million diredly from the federal 

govemment and additional $3 million was channeled through the state for the airport 

improvements. This artide suggests Item 1 atxjve is true. Items 2 and 3 are documented and 

provided with this correspondence. 
I have made no daim suggesting impropriety with regard to the appropriate use of any funds in 

this matter. I have always believed, based on the information available to me, that State funds 

were used in ttie repair of ttie runway, t)ecause in my opinion, McMinn County was ineligible for 

federal funds. 

Mr. Gentry states federal funds were used for the repairs, I believe it unlikely ttased on the 

explanation given atxwe and the information available to me and provided here. If Mr. Gentry is 

correct, it may suggest a different problem, however ttiose issues, if any, are not relevant to my 

complaint. 

Paragraph 6 - 1 will assume that Mr. Gentry t)elieves my comments stating Mr. Witt has been 

barred from the McMinn County Airport are false. 

I do not think that the County Mayor would disagree with ttie statement that on January 5, 2006 

ttie FBO severed ttiere relationship with Mr. Witt This was widely reported but I have attached 

several documents to coriotxirate ttiis event ^^' ^"' ^^ My statements are based on my 

observations and conversations with Mr. Witt directly. Shortty after the final repairs were t)eing 

completed to fix the runway (north portion of the airport was still dosed). Jack Ferrell, Kenny Witt 

and I met at the airport to inspect, what we had fought so hard to accomplish. While completing 

our tour, we were approached by Ms. Gentry who rode up on her golf cart. She pditely said we 

could not be there so Mr. Ferrell and I returned to the airport parking lot. Kenny Witt rode back to 

the airport building with Ms. Gentry on her gotf cart. When we rejoined in the parking Icrt Mr. Witt 

made it dear, he would not be retuming to the airport. Mr. Ferrell and I would later find out that 

Mr. Witt had been informed he was barred from the airport. During the April 16, 2007, County 

Commission meeting, Mr. Fenell '* publidy asked for ttie help of the County Commission with 

regard to several airport issues, one of those items was Mr. Witf s status. At the conclusion of this 

meeting, I extended an offer to setup a meeting tietween Mr. Witt and County Mayor Gentry as 

documented in my personal notes of that evening. A time was mutually agreed to, but it is my 

understanding the County Mayor never fdlowed through with the meeting. *^ 

In Odot)er, 2008 I reached out to Mr. Witt asking for his assistance in my preparation of an 

upcoming instrument check ride. While I had started my preparation for ot}taining this rating with 

Mr. Witt, I found it necessary to switch instrudor's mid-way through my efforts, because Mr. Witt 

felt he had no access to the airport. My new instrudor became unavailable the week prior to my 

sdieduled ctieck ride. Wanting to maintain my proficiency, I asked Mr. Witt for help. He was 

delighted to assist me with only one condition; I would need to pick him up at the Madisonville 

County airport, as he remained barred from McMinn County. So on twro separate occasions I left 

McMinn County, picked up Mr. Witt at Madisonville, completed my instmment wori<, returned Mr. 

Witt to Madisonville, and then returned to McMinn County. *' 

Mr. Gentry may dispute the status of Mr. Witt, but Mr. Witt seems v ^ dear where he stands. I 

am aware of no effort on the part of either Mr. Gentry or Ms. Gentry to resolve this issue. I stand 

by my statement as offered in my original complaint. *^ 

Mr. Witt has given me his pennission to indude his contad information^^in the supplemental 

infonnation should the Federal Aviation Administration feel it necessary to contact him directly. 

Paragraph 7 - With regard to the comment that Mr. Newman and Ms. Gentry had a previous 

anrangement to dissolve ttieir relationship; this was simply the explanation which was t)eing 

publidy discussed at the airport back in the spring of 2007. With the exception of the assertion of 

Mr. Gentry in his reply, I had no reason to doubt the validity of the information then or now, nor 

did I question it. I thought I was making the point that Mr. Newman was no longer affiliated with 

the McMinn County airport. It was also t)eing reported that Mr. Newman took over management 

of ttie Cleveland, Tennessee airport about ttie same time and I accepted ttiat at face value as 

well. 
If Mr. Gentry t>elieves that I am somehow implying some other type of "irresponsible accusation" 

within ttiose two sentences, ttien I will leave it to him to define that issue and I offer my apology 

for giving him that impression. 

There is no dout}t that Ms. Gentry is in complete contrd of, and responsible for the airport now as 

the FBO. 

I do not believe the remaining paragraphs are in contention, tiowever. If I have failed to address a 

spedfic point or concem regarding Mr. Gentry's assertion of making false statements, I would be 

more ttian happy to provkJe whatever darification he needs. 

Finely, because of the need to extensively review my files for the purpose of responding to Mr. 

Gentry's allegations df making false statements, I discovered additional documentation, which I 

t}elieve furttier, illustrates a pattern of vnlations of ttie Grant agreements. These are very briefly 

summarized with reference to supporting documentation, also provided. 

On Decemt)er 1, 2005, Mr. Gentry received a fax from the Tennessee Aeronautical Division 

discussing the line of sight issue. The fax states, "The marking of ttie threshold needs to be 

preformed immediately in order to eliminate the potential of a line of sight inddent" ^. Mr. Gentry 

was made aware of thie line of sigtit situation by me at regulariy scheduled construction meetings 

which took place on Novemt)er 15, 2005 and again on November 22,2005. Mr. Gentry was given 

a copy of AC 1500/5300-13 503 - Line of sight standards ^ prior to the November 22 meeting. 

Threstiold martting, allowing for a taxiway aligned with flie runway, did not begin until Wednesday 

December 7, 2005 one day after ttie media t)ecame aware of problems and picked up ttie story.^ 

^' ^° In the absence of physical maridng on the runway, ttie county could have immediately issued 

Two weeks later on December 14, 2005, ttie Federal Aviation Administration, in written comments 

to Mr. Kenny Witt, recommended that the portion of the runway behind the relocated threshold 

(the taxiway aligned with the mnway) be marked as unusable for runway or taxi operations. ^^ 

On December 16,2005, the Tennessee Aeronautical Division acknowledged the current runway 

markings which allowed for a taxiway aligned with ttie runway, would be replaced by a dosure of 

ttie new taxiway as recommended t ^ ttie Federal Aviation Administration. 

Five weeks after the receipt of the initial notification Mr. Mike Thompson, Memphis ADO was 

made aware that the dosure had not been implemented on January 3, 2006, he indicated he 

would be fdlowing up with Nashville. 

Approximately six weeks later, my notes indicate the final marking began on January 11,2006 or 

almost a month after Mr. Witt received written notification. Failure to issue NOTAM's over the 

intervening time period was a prot)lem and the "dosed" parallel taxiway was actively being used 

until January 11,2006. 

On January 19, 2006 the local paper ^ , noticed the ongoing runway problems. 

it is my t)elief ttiat these events represent furttier vk>labons of the Grant Assurances and furttier 

estatilish a pattem of non-compliance. 
Summary 

It is well estat)listied that ttie Tennessee Aeronautical Division offered finandal and technical 

support for McMinn County's airport expansion projed, but McMinn County, as the airport owner, 

was ultimately responsible for ttie management of the project. The Tennessee Aeronautical 

Division has an excellent reputation of professionally executing numerous projects of similar 

scope and size without prot)lems. 

Three indnriduals, Mr. Kenny Wrtt, Mr. Jack Ferrell and I were the only persons willing to step up 

and aggressively fight to ensure the airport was safe and repaired. After investing almost three 

years and countless hours working within the system, to resolve actions directed toward us, the 

three whistle blowers still cannot enjoy full use of this airport with out fear of retribution, damage 

to personal property or loss of livelihood. 

Mr. Gentry is partially correct in ttiat I do try to make full use of ttie airport. I ctioose my times to 

fly with care to minimize my exposure, I rarely fly alone, ensuring I have someone to corrotx>rate 

events if an accusation were made, and I lock my vehicle in ttie hanger when flying to avoid the 

prospect of damage as incurred by Mr. Fenell. I will not be mn off from my own airport, but I take 

precautions to ensure my safety and ttiose around me. 

Mr. Gentry would suggest ttiese are events of the past. As evidenced by Mr. FerreH's complaint 

Mr. Witt's status and the information I have presented in this complaint, I submit these are very 

current and directly and substantially affect each of us. 

Through ignorance and apathy, not "sanctioned govemment discrimination", McMinn County 

Mayor John Gentiy and the McMinn County Govemment have consistentiy failed their 

responsit)ility to provkle proper oversight of ttie airport and its contractors as required by ttie 

Grant Assurances. 

In the at)sence of any evidence to support his position or that of his airport management Mr. 

Gentry would suggest that "we humt>ly present ttiat the incredible stress and growing distrust 

created during ttie line of sight correction tainted everyone's perception". That may be true for ttie 

County Mayor, but I believe I have made every effort to portray my position based on actual 

events, the majority of which are supported by facts and documentation, not perception. 

For having the audacity to exerdse my rights as a taxpayer to pursue this complaint after trying to 

resolve this matter through local and state diannels wittiout success, I am characterized by Mr. 

Gentry as tieing on a "personal vendetta". 

The Mayor is perplexed by my "continued call for sandions against the airport". Adually, I have 

continued to call for the McMinn County Commission and the McMinn County Mayor to ensure 

the airport is professionally managed, respects the rights of all users and adheres to the 

obligations that they willingly entered into, but to no avail. 

The evidence presented tiere, in my opinion, deariy stiows a fadlity, which has accepted Federal 

Funding, which is not managed, has no oversight, is unresponsive to equipment outages, 

routinely fails to ensure the timely issuance of notices to airmen and has chosen to look the other 

way when they have been made aware of threats, intimidation and damage to personal property. 

I have no control as to any actions or sanctions which ttie Federal Aviation Administration may or 

may not ctioose to impose. 

I am absolutely certain however, that County Mayor John Gentiy has always had it within his 

power to ensure sanctions or other adions would never be necessary. 
I ask that you deny McMinn County Mayor John Gentry's Motion to Dismiss and ask that you find 

in favor of ttie Complainant ruling ttiat McMinn County has vidated the Terms and Conditions of 

Accepting Airport Improvement Program Grants. 

Respectfully Sutxnitted, 

WiHian H 

(/JfAf 

February 18,2009 
Footnotes List 

1. 2003-01 -09 HMB Meeting Notes footnote 

2. 2004-10-21 Grant Agreement first page 

3. 2004-10-21 Grant Agreement Attachment Two 

4. 2005-09-01 Stanley Stepp Agreement 

5. 2005-11-22 Line of Sight Standard provided to John Gentry, this date 

6. 2005-12-01 DPA Artide - Airport Reopens On Limited Basis 

7. 2005-12-01 TAD to McMinn County Mayor John Gentry (Fax) 

8. 2005-12-06 DPA Artide - Safety Issues Partially Close McMinn Airport 

9. 2005-12-06 WBIR_COM - Pilots Say Planes 'Disappear* On New Runway 

10. 2005-12-07 DPA Artide - Pilots Seek Safety Pad 

11. 200&-12-14 Federal Aviation Administration to Mr. Kenny Witt 

12. 2005-12-16 TAD to Kenny Witt 

13. 2005-12-19 Charies Nelson letter to the County Commission 

14. 2005-12-19 Pilot Letter to County Commission 

15. 2005-12-22 DPA Artide - Dozen Local Pilots Argue Airport Safe 

16. 2005-12-30 DPA Readers Viewpoint 

17. 2006-01-06 DPA Artide - Flight Instructor Say He Was Fired for Whistieblowing 

18. 2006-01 -06 Chattanooga Times Free Press - Flight Insbtictor Who Complained About 

Runway Danger Loses Contrad 

19. 2006-01-06 WBIR-COM - Flight Instrudor Says Raising Safety Concems Cost Him His 

Job 

20. 2006-01-19 DPA Artide - Rip up the Airport's Runway To Repair It? "• ^*- ^®' ^® 

21. 2006-03-23 DPA Artide - We Are Gang To Fix That 

22. 2006-07-17 Grant Agreement First Page 

23. 2006-07-17 Grant Agreement Attachment Two 

24. 2007-04-10 Jack Ferrell address to the County Commission 

25. 2007-07-16 William Keyes to Airport Committee 

26. 2007-09-11 Stone & Hinds 

27. 2007-09-14 Stone & Hinds 

28. 2007-09-27 Stone & Hinds 

29. 2008-02-25 Hal Oliphant (Tennessee Aeronautical Division) to William Keyes 

30. 2008-03-03 Hanger Lease 

31. 2008-03-22 William Keyes to Hal Oliphant (Tennessee Aeronautical Division) 

32. 2008-03-26 Hal Oliphant (Tennessee Aeronautical Division) to William Keyes 

33. 2008-06-25 William Keyes to Hal Oliphant (Tennessee Aeronautical Division) 

33a 2008-07-14 William Keyes to Hal Oliptiant (Tennessee Aeronautical Division) 

34. 2008-07-24 Hal Oliphant (Tennessee Aeronautical Division) to William Keyes 

35. 2008-09-16 William Keyes to Hal Oliphant (Tennessee Aeronautical Division) 

36. (Reference Deleted) 

37. Mr. Kenny Witt Contad Infonnation 

38. AlP Grants 

39. Assurances 

40. Meeting Notes of July 11, 2007 - Mr. John Gentry, Ms. Kristy Gentiy, Bill Keyes 

41. McMinn County Airport Runway Video (Compact Disk) 

42. The statements noted were reviewed by Mr. Witt on February 16, 2009 and are induded 

without objection. 

43. The statements noted were reviewed by Mr. Dodd on February 15, 2009 and are 

included without objection. 
February 18, 2009 

Federal Aviation Administration 

800 Independence Avenue S.W., RM 923M 

Aiiports Law Branch, AGC-610 

Washington, DC 20591 

Attn: FAA Part 16 Airport Proceedings Docket 

Subjed: McMinn County Part 16 Complaint Re: Docket 16-08-12 

Dear Mr. Cross, 

Again, thank you for your help and interest in this matter. 

As discussed on February 5,2009,1 wanted to remind you that I will be unavailable due to travel 

from March 6, 2009 thru March 15, 2209. 

As such, should you need to contad me during that period, please understand that any response 

will be delayed until my retum. 

Sincerely, 

William H. Keyes 
Federal Aviation Administration 

800 Independence Avenue S.W., RM 923M 

Airports Law Branch, AGC-610 

Washington, DC 20591 

Attn: FAA Part 16 Airport Proceedings Docket 

Subject: McMinn County Part 16 Complaint Re: Docket 16-08-12 

Certificate of Service 

February 18, 2009 

lAIRPdRTS/ENVIRONMENTAL 

' LAW.A6O600 • 

I hereby certify that I have this day served the foregoing McMinn County Part 16 - complaint reply 

on the fdlowing persons. Documents for: 

Mr. John Gentry, County Mayor 

McMinn County Courthouse 

6 East Madison Ave 

Athens. TN 37303 

And, 

Mr. DavkJ Crews, Chairman McMinn County Commission 

Chairman McMinn County Airport Committee 

McMinn County Courthouse 

6 East Madison Ave 

Atiiens, TN 37303 

were personally delivered to the County Mayors office, this date. 

Documentation sent to: 

Federal Aviation Administration 

800 Independence Avenue S.W., RM 923M 

Airports Law Branch, AGC-610 

Washington, DC 20591 

Attn: FAA Part 16 Airport Proceedings Docket 

Subjed: McMinn County Part 16 Complaint Re: Docket 16-08-12 

Was sent overnight mail. 

Dated this day of. 18 February 2009. 

William HTKeyes ^ ^ 
/ 

- r V • :-••• ;-:•?• : v. - •-

AIRPORTS/ENVIRONMENTAL 

LAW.AGC-600 • 

January 9.2003 

MCMINN COUNTY AIRPORT 

ATHENS, TENNESSEE 

RUNWAY AND TAXIWAY EXTENSION SCOPING MEETING 

THOSE IN ATTENDANCE ARE AS FOLLOWS: 

FEB 1 9 2009 

1 Page 1 

Robert B«ene 

John Gentry 

Rflnnie Fitzgerald 

C.G. CoddingtQD 

MUIE Paslick 

TimHt&cll 

W»ym Siinp««» 

Joe Carter 

McMinn County Engineer 

McMinn County Executive 

TDOT Aeronautics Division 

TDOT Aeronautics Division 

HMB Profesnonai Enc^oeers, Inc. 

HMB Pioftsnona] Engineers, Inc. 

HMB Professional Engineers. Inc. 

HMB Profcssiwiid Enjinecrs, Inc. 

HIjIwavEBEinepfng 

Jtnicbnl EnginMring 

water i iA^ii«w>tet 

Sie Dmclopmcnl 

Master Plsnnag 

Enwonmett' Planning 

Survcyiin 

Project M*r.asnncr.t 

C «t cstiriMtion 

CwislniciiaT Ir-spectJcn 

AyJ«ion Service 

EnyinnmenUl ftimediaticn 

Umfccjpe An^)i«ctuf4 

The following items wen: discussed: 

1. A discussion occnued coneecaing the fact that the sighting distance requirement 

could not prcciaely !» met \xpoa completion of the runway extension. Mr. 

Filzgendd jtntcd tb»t this would not be a problem because the airport would 

uhiitntely have a fall paiaJlel taxiway and the sighting requirement from ruiway 

end to runway end could be met 

2. It was agreed upon by all attendees that this project include a road relocation atld 

grade, drain sad fencing plans for a runway extension at the noith end of the 

airport- The runway extcnsi<»i will not include paving or lighting plans. These 

plans will occur in a iuture phase. 

3. Mr. FitZgeiBld requested that the schedules be separated into AIP and Non-AIP 

funding. He stated that die road relocation be funded with $ 100.000 stale money 

that was left over froni a previous project that the county did. It was also 

ditcussed that the fencmg may be fimdcd by a security grant that will also be 

funded by the state. 

4. Mr. Randall Moss, McMinn County Highway Coimmssioiicr, will be consulted 

for design criteria forthe county road relocation 

KfNTUCKV TENNKSEE INDIANA " ALAMWA • WEST VIRGINIA • GEORGIA 
Footnote 1 Page 2 

5. Mr. FHzgenldkttttuctedHMB Engineer u>cstinuue the cost of coo^ ^ 

ictainisg waO ttext 10 ttic cemetery, etubliog the RSA to be costnicted to federal 

atandaids. [fl^Bshwkf also consider 8lig|it!yai(«9dii«tbeFAAi«coiiin^^ 

»f7fflf|fiffT»al flfaA»<lan<fafii« in lltt» awea. The two i^itkHMnlnmM he Ciahuaed and 

a reoonanendalian made $» v/hdOax to build to standatds or itqiKM « 

modificatioa of standards. 

6. Mr.FitzeenldtfsoinstivctedHMBtoconipileafeepraposalforthepni}^ 

said that Aeie would be one meeting for fee nq(0tiatioo9, design piognss 

lQefltingsQ0%.e()%.&90%).apre-hidpieetBig,tBdoii«iing,»iv»«aos^^ 

conference and bi-monthly pioetcss meetings during oonstnictitML 

These GagBmteatoTqM«seiittheauifaoi'6tit)dei9tandingofti»nuBoritetntdi^^ Any 

errors or omisnoos should be biou ^ to my attention as socm as passible. 

VarytralyyooR, 

HMS FSOFESSIONAL ENCXNSEHS, INC 

Wayne Simpson. Airport Divinon 

cc: Altondees 

1 ^ ^ 
Footnote 2 Page 1 

Afironautic. division Project Number: 54-555-0722.04 

Finance and Administration Number. 2-04-01-9007.40 

Federal Blocit Grant Number: 3-47.SBGP-1B 

ATTACHIVIENT TWO 

GRANT BUDGET 

GRANTEE: MCMINN COUNTY 

PROGRAM AREA Airpori Safety Improvement Project at the McMinn County Airport. 

Raler 10 D'yi.'n,-1n:<ii!l ofhimiKc and Ailmin.vhulnin Piiticy 03. UfuloTi: RDportlny fieqwVtimenfs sna Co^t AJiccalion Plan:; fur S 

Sluts Gfuni. Monies. /Xfipendiir A fnr fuiihw UBfinilion of each expense object line-ilcm In the model birOgal fcxnial Poitiy 03 ca 

Hi hitp;vww\v.=ca;e.ln.us.linance'rds.'oci;policyOj.pdf 

jhrt:cioi 

1 be foi. 

THE FOLLOWING tS APPLICABLE TO EXPENSE INCURRED IN THE PERIOD: 10(1/2003 through 9/30/2008 

03 ODHKt 

Una^tofn 

ntrtranCQ 

3 

4 15 

5 

7 

0 

•.u 

11. 12 

13 

1 * 

16 

17 

18 

20 

22 

24 

2S 

EXPENSE OBJECT LINE-TTEM CATEGORY 

(detail scheduie(s) attached as applicable) 

Total Personnel 

Salaries 

Benefits & Payroll Taxes 

Professional Fee/ Grant H. Award 

Non-Personnel 

Supplies 

Telephone 

Postage & Shipping 

Occupancy 

Equipment Rental & lirtalntenance 

Printing & Publications 

Travel/ Conferences & Meetings 

Interest 

Insurance 

Specific Assistance To Individuals 

Depredation 

Other Non-Personnel 

Capital Purchase 

Indirect Cost 

in-Kind Expense (detail attached) 

GRAND TOTAL 

GRANT CONTRACT GfeANTEE MATCH 

State & Federal (panicipation) 

90% i Local 10% 

0.00 

o.oo 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

82.791,350.00 

52.791,350.00 

0,00 

0.00 

O.OO 

Q.OO 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

$310,150.00 

$310,150.00 

LiNE-ITEM DETAIL FOR: [In-Kind Expense] 

CoRslfuct Phase III to extend, widen and rssirface runway, taxiway. grade runway safety area, and install 

MIRL and precision approach path indicators. 

TOTAL 

v)fs ;-}(Feaerat and 

nd on the Inten d 

TOTAL 

PROJECT 

O.OO 

0.00 

0.00 

o.oo 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

o.oo 

$3,101,600.00 

$3,101,500.00 

AMOUNT 

$3,101,500.00 

$3,101,500.00 

Project Breakdown: Federal 90% 

State 90% 

$300,000.00 

$2,491,350.00 

.(3-47-SBGP.18) Local 10 % 

Local 10 % 

$33,333.00 

$276,817.00 

Page 15 of 15 
Aeronautic, .vision Project Number; 54-555.0722.04 

Finance and Administration Number: Z.04-01-9007.00 

Federal Block Grant Number: 3-47-SeGP-18 

GRANT AGREEMENT 

BETWEEN THE STATE OF TENNESSEE, 

TENNESSEE DEPARTMENT OF TRANSPORTATION 

and 

MCMINN COUNTY 

rhts Grant, t>y arid between tlie State of Tennessee, Tennessee Department of Transportation, hereinafter 

referred to as the 'State" and MCMINN COUNTY, hereinafter referred to as the "Grantee," is for the provision 

of an airport improvefnent project, as further defined in the SCOPE OF SERVICES " 

The Grantee is a governmental entity The Contractor's adtJresB is: 

6 East Madison Avenue 

Athens, TN 37303 

A. SCOPE OF SERVICES: 

A. 1. The purpose of this grant shall be to sponsor a project for the further development of a public airport 

under Tennessee Code Annotated 42-2-203 and the Airport and Airway Improvement Act of 1982, 

Title 49 of the United States Code. Pursuant to these provisions, the State shall be designated as the 

parly to apply for, receive, and disburse all funds to be used in payment of the costs of said project or 

as reimbursement for costs incurred. The Grantee shall be a recipient of funds from this block grant, 

and shall undertake an airport improvement project as more particularly described in the grant 

applicalion. This grant application will be incorporated into, and made a part of this contract as 

Attachment One. 

B. GRANT TERM: 

B,1. Grant Term. This Grant shall be effective for the period commencing on Odober 1, 2003 and ending 

on September 30, 2008. The State stiall have no obligation for services rendered by the Grantee 

which are not performed within the specified period. 

C. PAYMENT TERMS AND CONDITIONS: 

C.1 - Maximum Liability. In no event shall the maximum liability of the State under this Grant exceed 

THREE MILLION, ONE HUNDRED ONE THOUSAND. FIVE HUNDRED DOLLARS AND NO 

CENTS ($3,101,500.00). The Grant Budget, attached and incorporated herein as a part of this Grant 

as Attachment Two, shall constitute the maximum amount due the Grantee for the service and all of 

the Grantee's obligations hereunder. The Grant Budget line items Include, but are not limited to, all 

applicable taxes, fees, overhead, and all other direct and indirect costs incurred or to be incurred by 

ttie Grantee. 

C.2. Compensation Firm. The maximum liability of the State is not subject to escalation for any reason 

unless amended. The grant budget amounts are firm for the duration of the grant contract and are 

not subject to escalation for any reason unless amended, except as provided in Section C.5 

C,3. Payment Methodology. The Grantee shall be compensated for actual, reasonable, and necessary 

costs based upon the grant budget, not to exceed the maximum liability established in Section C.1. 

Upon progress toward the completion of the work, as described in Section A of this Grant Contract, 

the Grantee shall submit invoices, in form and sutistance acceptable to the State, with all of the 

necessary supporting documentation, prior to any reimbursement of allowable costs. Such invoices 

shall be submitted no more often than monthly and indicate at a minimum the'amount charged by 

budget line-item for the period invoiced, the amount charged by line-item to date, the total amount 

charged for the period invoiced, and the total amount charged under this grant contract to date. 

Office #2118 Pago 1 of 15 
^-v /2, ^ « o o>h tra if-' "lOlfe ?K^Y^-q__ 

I -»?i4-^-^-.p 
Footnot

e 5 

AC 150ie30O-13 9/29/S9 

503. LINE OF SIGHT STANDARDS. ThsfaUotnttt 

siandants provide tbe minlmnm line of sight: 

a. Along hulividaal Ranways. An aocepoUe 

rumvay ptofOc penniis any two po&iis five feet (1.5 m) 

above the ratnnqr ocateitine to IKS lautnalijr vjsMe for 

the entire niswgy length. However, if die ninvay tafi 

a full length pazalM taxiway, the mitway proffle taty 

be such that an oiurintniGted Une of si^t will exist 

Aom any point five fieet (15 m) attove the nmway 

centeiUntt io any other point (ive feel (1.5 m) above 

Ute rninvay oraiterlioe for one-half tbe miiwsy loigth. 

b. Between Intenectine Runwaw. A dear 

line of site t>etween the ends of iitteisecdng runways 

is recommended. Teirsin needs to be giwied and 

permanent objects need to be designed or sited so that 

there win be an unobstructed line of sight from any 

point five fcet (1.5 m) above one runway centerlioe to 

any point live fiset (L5 in) above an intersecting 

oenccTlrne, wltbtn the mnway vislMUty zone. The 

runway visibility zone is an area ibnned by ima^^naiy 

lines connecting the two runwa^ys' visibility points, as 

shown in flguie 5-^ Determine the location of each 

ninway's visiMUiy point as follows: 

(1) If the distance fiom the iatenectioQ 

of two runway cenierlines lo a runway end is 750 feet 

(250 m) or less, the visibility point is on the ocnteriioe 

of the runway end. 

(2) If the distance from the Iniersection 

of two runway ocnterliaes to a mnway end is greater 

than 750 feet (250 m) but kss than 1,500 feet (500 m), 

the visibiliiy poini is on the oenteriine, 750 feet 

(2S0 m) from tbe intersectiott of the runway 

cenierilnes. 

(3) If the distance from the intersection 

of two runway centerlioes to a raoway end is eqol to 

or greater than 1,500 feet (500 ra), the visibaity point 

is on the centeiline equidbtant from the mnway end 

and the intenection of the oenieTtines. 

c Taxiwavs. There are no line of right 

requirements for tanways. However, tbe sight distance 

along a mnway from aa intersecting taxiway needs to 

be soBicient to allow a taxiing idrcraft to enter safety 

or cross tbe runway. 

5«4.to599. RESERVED. 

56 a»p5 
WfB taaiiy PCTst-Aflienian. Thuisttey. Decgmter 1,^05 

Footnote 6 Page 1 

McMinn Gounty AirportHuMKgArBBI 4kAmoi9i fs flnaiiy fucMi^ dp 

planes a^ptfteTunnvay was dosecj^l^ we^ks for cei>nJtFMcti<»Pu 

'i'i*s^^»Mi''4! i . "^^i. .4' '^I^IS^M^M-ii^i^^jtite'fii?;'!^! 

.•~is@'feva£^^^'#.aea^: 

^^^^^WS^^^^W^^^^^V^^£ i Cl ^ 
Airport 

Footnote 6 Page 2 

Continue from Page 1 

blamed delays on a poBt-kurricane short&ge of dump trucks, 

according to Beene. The county 

engineer said the work could 

have still been finished on time. 

"Had they put enough priority on it, it would have been done 

in 30 days," Beene said. 

Rogers Group spokesman 

John Paine said dump truck 

shortages have been a problem 

.jiiiCg Hiffrioanes Katrina aiid 

have also caused delayfr at i 

McMiim County Airport. 

"Getting trucks has been a 

problem aU year," Paine said. 

"But we rttoved in a Httle too 

soon. It wasn't ready for us to be 

there. We had to start, stop and 

then start again. We lost two to. 

three weeks right there." 

Despite the delays, Paine said 

he is pleased with tiie airport 

project and early estimates show 

the Rogers Group could finish 

the work under budget 

Mc^finn Cotmty Mayor John 

Gentry said he expected the 

charges at the airport to be trying because of the scope of the 

project, which has been 

described as one of the most 

complex aviation undertakingB 

in the state. 

If 8 been a little fiiistrating," 

Gentry said. 1 don't know of any 

construction prcgect that isn't 

frustrating." 

Eiiou^ worii has been done 

to open tile aiirport runway on a 

Umited basis. Beene said pilots 

have been warned that work 

remains to be done on the runway, however. 

"You are on your own for 

landing," Beene said. "If s hard to 

get a handle on depth perception 

without the striping." 

An expanded runway will 

offer 5,500 feet on one end, and 

6,300 feet on the other. The runway was 5,000 feet long. 

In addition to the runway 

extension, grant money will b6 

used for apron and tajdway constructt)n, as well, as the addition 

of object free areas which will 

bolster the airporf s safety features. 

McMiim County received $2 

million directly fix)m the federal 

govemment, and additional $3 

million was channeled through 

the state for the airport improve-

^;gpni^gii.^o recently • 

1^: s^Shg four tracts of 

leui! tl> the state for the widening of Hi^way 30 in firont of the 

airport. That will put back an 

additional $72,000 in the county's coflfers for work on the airport. 
Footnote 7 

mm. 

STATE OF TENNESSEE 

DEPARTMENT OF TRANSPORTATION 

AERONAUTICS DIVISION 

P.O. BOX 17326 

NASHVILLE, TENNESSEE 37217 

(615)741-3208 

FAX (615) 741-4959 

OERALD F. NICELY 

CJMM15SIONFR 

pnn. BUEDESEN 

Dccembc-1,2005 

Mr. John Gentry, Cotinty Mayor 

McMinn County 

6 East Madison Avenue 

Athens, TN 37303 

Dear Mr. Gentry: 

As you are aware, this office was contacted by the Federal Aviation Administration (FAA) with 

the report of an undocumented near miss at the McMinn County Airport at Athens, Tennessee. 

The report was made by a local pilot, Mr. William Keyes, who also cited (he potential for an 

unsafe situation due to a line of sight problem with the runway. It was FAA's recommendation 

that the runway be marked off until we could review the situation. 

We have met with Mr. Keyes and are working with the consultant and the FAA. We have 

verified that tlierc is a deviation Gcom an advisory line of sight criteria (FAA Advisory Circular 

150/5300-13, "Airport Design", paragraph 503) on the runway. A temporary solution to the 

problem has been developed for use while the ultimate resolution to the situation is determined. 

Your consultant has developed a revised marking plan that will locate the new runway threshold 

650' feet from the North end of the runway. Relocating the threshold to this point meets the 

five-foot hnc of sight criteria for the entire runway. The marking of the threshold need.s to be 

pertbrmed immediately in order to eliminate the potential of a line of sight related incident. 

Of&etting the temporary loss of useahle runway on the North, the South end's plarmed 

displacement will be reduced from 950' to 300'. This temporary solution still eliminates the 

Runway Safety Area deficiencies for your airport at its current B-I! category and leaves you with 

5,500 feet of usable runway. We will continue to work with the FAA and the consultant in the 

development of the permanent solution to the situation and continue moving the McMinn County 

Airport toward meeting the future requirements of a C-II category airport. 

Your consultant will provide the revised plan to the contractor. For expediency, the necessary 

marking will be handled under your present construction contract. 

If I may be of further assistance, please feci free to call. 

Sincerel 

J. Tom Burgess, P. E. 

Chief Engineer 
T?» litrtiy PoaMJ^aa^. Tfaw ^ fiieewttber i^ ^9i$ 

Footnote 8 Page 1 

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.09(n Footnote 8 Page 2 

Contiiuwd bom 1^9^ 1 

ii$« wiule the ulismate resolatiqn 

to the Atlttlkia is determinedr 

Citfnitty said my'tatOB^SS^iat-' 

at the aiiport will not &B on 

tn« local level. 

' "^it requirBa some reconlalanutkca — andtfaafaabig'if 

light acm — they have led me 

t^ b^i$ve the state of Tennessee 

4ill t«ke re^jotuayKt^" Gfiatry 

s ^ . "They «aid Mt^Ukn 

Couoty is 1^ ino'findl^ 

Pilot WiII^]SM>s>t<'^ 

brout^t some Of tlie «a&^ 

issues to surfooe, said tb<9« is 

still potaafaid for the $5 miilitm 

mKfmtmprWBXtjeai project to 

he ft ^IQjlMu^^itigle. He (ibi note 

tbtil «i ^ and local officialp "are 

ti;$q^^#tb& rij^liixaif fay 

cln ^ ft fHNTtitai cftbe ruam^ 

^«ijtt9t spta^ns^ttHiBUiaD 

... and we mad^ltiWMe isasafe 

thaB it was Sefes^^^ wndB^yoa, 

a retired «i^«u^t4Eia^ kAow 

if w« foit otir ^ io^lliuti «w§t.' 

smtmvoBuapicm' 

«paiie «t the j&p6rt e'mi «il«r 

th(^}wrtial dosure, tu!ct«diag to 

fitngeas. Ilie mnwasr was origindly5,^ieek 

Gentiy aaid tieln»|ragri»iA 

feet Tbsne 19 also ith e^^vou^ 

safM? aroas, t y iSKt^ 

•It's i jSB&r aii^tp titen it 

was he&i^'Gaaif sidi'•i^^ 

thsbotliaialnK.'' 

The aHTporljiistreoBnlly 

airpwi to 6e dosed a maith fer 

w ^ tito l&w^ are 

iim^n^uigewo^ airpwit^ •:, ,• ^..;./V'-- :^: 

Btilwt Beaoe lias t;«id #ue compai^es res^^dWlble fer ti)^ airport Imiwni^emmteeoc^ 

John Fii^e, a i^xjkeeman for 

p«ray» bleared coaiuiu^^ 

probtetnslnr liiie j^wrt Mays. 

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Th» O^Po^^twoim. WMfejM^, ©«}»«*« 7,2005 

Footnote 10 Page 1 

See SAFETY, Pa ^ 3 
T^&tgkfPmMemit^ Iftfldhciwtey^i^wi^^ ~ Page 3 

Footnote 10 Page 2 

W W 

CootiBned&enJ^J 

p i ^ it m tba faaodb of^piMtt^ 

1316 Bfie-of-eight iasuaivfts demonstraUid on 

a videotape made by Wtt and pilot Wit^lun 

Keyes. 

In tbe vitieo, a <wepnar|t j«jgjl|K«d at 13ie 

€E}cpanded w]t&ti&lkpiSidi^^i.vtaamy. llie 

canwni was po^i^xiiied #!(^|l^fix>m the 

groimd, whidi is a Vtao'^Sf^ng^tecpntemmt of 

the Fednai Avi|daoQi4a>tt§(i'ation. 

A plane nutl^r dm «f^r« ^ toward l^e camera. But before^'S&pIa^loaches the end of 

the nuiwity, it diisai^ieais Into a dip before 

reemoging'. 

That. ^tt^ixgtMd, ift |^^^bnfer«is leuHxfs i ^ isstt^ «^^p» <xi^^^«^|pi|^'«HM> Ml the 

runway. A letnr Smm^igmifWiiieSB said there 

has already beeoi %|^^^ f an "ondocumented 

near iinss" at the liicilaiii airpcNTt. 

"^Soinebo^la gt ^ to geiil^led on that runway tifetnoi^baitg'iB laottinKi]!,'' VTiJtt said 

before nteetiiig whikfasfiK^^^BMaiB and engineers Tuesday. '%r^fSial^:$mBt tti^tmane 

BaiQQie Hts^paiAld, «n la^lieer wBli the 

state aeioaauticEt^div^ion, said the video 

proved tilsere is aprol^ ^ with t ^ rtmmiy. He 

sai<|^i|DftiMili% ^R ^ 

•airport.' ",;"' '-'-l-;"^^'^''•'•-• •-

said. *We^ not ttinuiif a deaf «Ber tio^&i^f 

^jgioeers ap(« aiio looA^ i ^ a pen^aoient 

fix to the line-olf«ight issue. The ctosure of 6J^ 

jiiet «f th« tuiHmiy eitpaogit)]! k^mjy teu^nuy. 

The runway still oilers 5,&d(>^t of landing 

space, evea after the partial doMtre, I1f2g«rald 

ssiid. The .kadio^ strip was 5,0001^ be ^ 

constructidQ hi^an. 

The runway was also widened from 75 feet 

to lOQ Ibet Improved taxi-ways and additaonal 

ot:gect-frce safety areas have also been added. 

Crews are now finishing the last details of 

the airpott improvemtsot png'ect, induding 

^f^pBg, atnqping and drainage. 

Cen^TEiction d«Ni;y8 ciansed^ airport to be 

dwedlO weeks. Original plans called for a fear 

toaix'^eekdhJsnFe, 

*It'd a safer aiiport than it was before," said 

Mc&Bnn Cotraty Maywr John Gentry. "Tba£a the 

bofttnn Ime," 

E'Tnail: rhorri^@xtn.net 
Footnote 11 

o 

U.S. Department Fedwal Aviation AdinliiMmiion 2862 Business Parte Drive 

of Tianspartatkxi Southern Rsgioa BuOdmgG 

Fodona AvUion Memptris Afeports District Offioe iWownpHB. Tennessee 38118-1555 

AdminbtfcMon 

December 14,2005 

Mr. Kenny Witt 

116 Abemathy Road 

MadisonvfOe, TN 373S4 

Dear Mr. Witt: 

This is in responae-to your letter to the Federal Aviation Adnteiatration'a (FAA) Office 

of Runway Safety dated November 26,2005 concerning the recent runway extension at 

the McMinn County Airport in Athens, TN. 

The FAA has recently i»een made aware of problons associated with Line of Sight 

standards as set forth In AC 150/5300-13, Section 503. We have been in contact with 

the Tennessee Department of Transportation, Division of Aeronautics (TAD). TAD is 

responsible for administering the Airport Improvement Program under a Block Grant 

agreement. TAD has determined that (he standard is not met and has set events in 

motion that will serve to meet the standard as follows: 

1. Based on recmt survey data by the airport's consulting engineer, it has been 

determined that a runway threshold relocation of 640' is adequate to meet the 

line of s^ t standard. A threshold bar has be«a painted at that location. 

2. A NOTAM has been issued informing the flying public of this condition. 

3. The airport is currently closed to allow the painting of the r^ocatcd portion of 

the mnway as not uaeaMe for take offer l«iMfii>gAt this point, the FAA has recommended that the portion of mnway behind the 

proposed threshold relocation be mariced as unusable for runway or taxi operations. 

This results in an avaihble mnway length of 5,510* with the rdocated direshold sited 

640' from the end of tiie new pavement. TAD is currently investigating the ahrport's 

options and will determine Ihe best conrae of action in coordination wifli the FAA. 

Please contact me if I can innovide additional information. 

Sincerely, 

Ai^M^S^^ ^ 

Michael L. Thompson 

Program Manager 

cc: Tennessee Aeronautics Division 
Footnote 12 Page 1 

STATE OP TENNESSEE 

DEPARTMENT OF TRANSPORTATION 

AERONAlfTiCS DIVISION 

P.O. BOX 17326 

NASHVIULE, TENNESSEE 37217 

(615)741-3208 

FAX (615) 741.4959 

GERALD F. NICELY PHIL B8£DESEN 

COMMISSIONER CXIVERNOR 

December 16,2005 

Mr. Kenny Witt 

116 Abemathy Road 

Madisonville, Tennessee 37354 

Re: TAD Project No. 54-555-0722-04 

McMiim County Airport 

Athens, Tennessee 

Dear Mr. Witt 

We have received your letter dated December 9, 2005. We appreciate your 

continued interest in aviation safety, particularly as it relates to this project. We also 

acknowledge receiving a copy of your original lett^ addressed to the Nashville Flight 

Stajjdards District Office dated November 26,2005. We have since your original letter, 

working with the airport's consultant, vwified the validity of your line of sight concem. 

We have also determined that the completion of the parallel taxiway will not completely 

alleviate diis problem. 

We have determined a tempwrary solution to the problem that will result in the 

airport's elimination of the otha targeted deficiencies and safety concerns, provides the 

longer runway and addresses flie line of sight jMoblem. We are currently woridng with 

the consultant to determine the most appropriate long term solution and will be 

coordinating this recommendation wilh the Federal Aviation Administration (FAA). 

The location for tiie temporary relocated threshold (640' from the north end of the 

runway) was based on a fidd ran survey to complement the preliminary work using the 

plaimed runway profile. The runway threshold begins at the North edge of the threshold 

bar. The maridng has been or is in the process of being installed utilizing the Federal 

Aviation Administrations' recommended maridng plan for a taxiway aligned with a 

runway. However, upon fiirther discussions with the FAA, we have decided to simply 

recommend the temporary closure of the new portion of the taxiway until we determine 

the ultimate solution to the line of si^ t problem. This should eliminate any potential 

confusion or safety concems for taxiing pilots. Additionally, this action shioijld address 

the departure and landing concerns that you raised in your letter to the Nashville Flight 

Standards District Office. 
Footnote 12 Page 2 

Mr. Kenny Witt 

Page 2 

December 16, 2005 

The reference to the 1.5% gradient requirement between the runway and taxiway 

is a design standard shown in FAA's advisory circular 150/5300-13. This standard is a 

development standard, not a safety standard and deals with the placement of the parallel 

taxiway such that fiiture intennediate taxiways can be constmcted for capacity needs. 

This can be a concem for air carrier airports but rarely a concem for general aviation 

airports. 

Enclosed are the minutes of the meeting you requested. However we don't have 

the actual survey data that you asked for. We have relied on the information provided by 

the airport's consultant. 

Sincerely, 

Ron Fitzgerald 

Operations Specialist Supervisor 

Enclosures 
Footnote 13 

Comments to McMinn County Commission 

Decembo-19,2005 

Gentlemen; 

On bdialf of the entire membership of the Swift Museum Foundation, Inc. and myself personally, 

please accept our sincere thanks and appreciation for the forethought and planning necessary to bring 

rfxHrt tbe current m^ r unprovements at our Airptnt MdMum County Anport has ahvays been one of 

the best in Tennessee and certainly a great front door to our community. This prudent thinkii^ and 

planning dates all the way bade to die eariy 60's, 

Now, with the current nuyor kqirovenients. McMmn County has made a "Quantum Leap" forwaid. 

Our front door is open wide to the people and companies doing bunness in Mdvfimi County and any 

investor considering dmng business here. Axljoiimig counties must take a bade seat— We are tops 

The curreot improvements not only aaprovc our functitm as an airport but the safety of all opeitiions 

has been greatly improved as weB. The 100 ft. width is absohndy "TRrst Class". We realize it was 

done to improw the safe operations of larger aircraft. At the same time we too appredate it. 

The paralld taxiways and runway extensions are so important to safety. Having a doplaced dnvdiold 

on the south end is a big jump safety-wise to the operators of heavy, hi ^ perfonnance aiicraft m 

marginal weather. 

The addhional runw^ lei ^ providing greater "accetentted-stop distance" in an emogienc^ in any 

aircraft is of a vahie that cannot be measured m doBaia and cents. When our lives and the hves of our 

passei^ers are at stake, it is too late to count dollars. As a user, the life you save could be my own. 

Voy sincerdy, thanks ^ain. 

As for tte recent ansoBcited and smjostiiied orifkism, please accept our apology, we do not 

concur ndtlMT were we coosaited. 

Experioiced pilots know some grade chaise in nmway devation is not unusual espedaQy with k)ng 

runways. At Clevdand Haidwidc, only 3,500 ft. m length, the grade change is such that ainaaft on 

each end of the runway at tbe same time cannot see each odier. & has been that way for 40 plus years. 

Rockwood Aiiport is another example. Years ago a DC-3 was abandoned off the end of the runway 

thae. It was 3 d: ^ befcve h was noticed. 

It is commrai for those of us who travd to use many aiiports with seme grade chan^ and less than 

100% s^itii^of the surfece. We don't s^ee with the recent critidsoi. In contrast, on Sahnday 12-17-

05, two small low vmg autfaft intentionally taxied to the end of Mchfinn County Airport runway 02 

wtnle die other taned to die end of the taxnvay at runway 20. We were {deasandy surprised to find we 

could still eadi see eadi other, m full view. When the km wing Chenricee aircraft taxied onto the end 

of the new nmway 20, ft cauM stiO be seen, not fuB view but we couM see eadi otfier. Laiger ainaaft, 

business jets, dc. would be looming large and deariy m sight. 

We find the recent 'SmsoHrited red flag waving" to be unjust and overstated. 

Cbaries E. Ndson 

Swift MnseuarBoandation, la c 
Footnote 14 

December 19,2005 

Mr. John Gentry. 

Mayor, McMinn County 

McMinn County Commisskvi 

Gentlemen: 

We commend the McMinn Couity Commission and McMinn County 

Mayor John Gentry for the commitnient and investment you have made to 

aviation by supporting mafor improvements to the McMinn County Airport 

We are appreciative of the impfx>vements made in 1996 when a new 

tenfninal and T-I^ffigers were txjiK, when die norffiem end of the runway was 

lengthened, and a taxiway to amway 20 was added. The reoentiy completed 

oonstructnn of a lengthened and widened mnway and expanded ta»way 

enhances the safety of the airport for all aircraft—from the smaH general aviation 

planes to the iaiger multi-engine corporate aircraft. 

We regret the recent criticism of the expended runway and the questk)n of 

safely. We have found Mr. Gentry and the CouUy Comrmssion to be very 

responsive to matters pertaining to the airport and shouM fliere be issues 

resting safety, we are confident they wiH be handled in an appropriate ntanner. 

We believe the McMinn County Airport is one of the finest and safest in 

the state. We regret that upon the compietkm of this expansion the 

aocx)mpli8hment.ha8 l)een overshadowed by negative critkasm. As plots who 

regularty use this airfiekl. we will continue to support and promote this 

outstanding fecffity in a posith/e manner. 

Signed: c=:^. ^ ^ 

l\ r-** 
They say criticism 

unjust, overstated 

KYANBAIUdS 

SiaffWfbtr 

A

gi<n9 cf pilots are lehutlmg ciiika 

who have comiduned^a xoniniy 

^if^iflsslonai 

theMcB«nnC(wnfy .^^ft^«»nMrt 

Anporthas created mi ifNMiiMic^Av 

wttfl^'iaQnl 

'mUMnMttF 

unsafe lioe-of^^t 

issua 

C%ariiel'^i4Bon,the 

feunder and pi«^dient 

of the Sw^ li^bjuaeom 

Fbunda&n, descried 

die updates at ibe «nipwrta$ a *^quanhua 

l e ^ iwwanJ.* He alao aaa ftp airport iias 

always heen one <sFtie beat in'^Rnaessee 

Footnote 15 Page 1 

»ail^«iKliiP%iwi^ 

to oistr-^^^lit^QXJty* . 

"As fer the reced nnsKihdted 

aeci^{W{qpd(ig;:^ 

ed," Ndaon wrotfj in a litter to 

^dltx»d^p^l^^^mim^ be 

o^ust ax^ oveistated." 

'mbefievelleMidnRn 

ESeven other airmen signed 

questicHOS i^Mifety at the 

IvhlAfiaai C<Hisi^ Ahport. 

' ^ bi^iavQ the MfMinn 

Connty i^^ ^ is one of the 

Sa^az^iii^estb^^ 

the pitjte wpjjtia. '^ e ^P^P«>t 

that i^pon die ocnnpIetitM of 

this eoEpensian the accomptishment has be«i overshadowed 

by negative critidsm. 
'uae 

thii a&ilMSdj is« ^ <!^^ 

to sapgorta^ pt^^Bd;«|#iS 

outstanding ladliiQr mft^p^ 

tive:nuuu>e9^' ..... 

T ^ p| ^ i^lQveced l^eejr 

staterdents to &e Mdi^hn 

County QmnmsBiimltoLdiry. 

*Tes a ItOe bHrCf a different 

view &0aa w^tf«^^^ bi ^ gettiiig^ 6s^€iiHiu£js^<Mi 

Chainnan David Crem. 

^tef^cto aboutthe ahp<Ht's 

ssmj yi ^ fan»t^ to sut^Hce 

by Si^tia^rudor BJNUiy Witt 

and ]^ot\IV)liiam K^re& The 

two aiiinen nuule a video 

danonstsrating wha$ ti^ caiiled 

a dangeniQsliiaerO^gis^t issi^ 

In the Aiidbo, a camera is 

placed at the cp^pandted northem poaJt cf ttee *unw«y.Tft»e 

camera was ixidtHHied five feet 

&om the ground,'nhidi is a 

line4f«i|^t requireojent of the 

Fadera]|Aviati(8i 

AdnuhistiatioQ. 

A ilaite makes an i^p-oadi 

toward the cainarauBiit before 

the atrpdane i^^tich^tite and dT 

the nmwaj^ it dist^jp^aun into a: 

dip before teemerging. 

I Footnote 15 Page 2 

dWto toffle «aoC^itf nic»&eelo 

{HiiE^ to wm«t-%^ cf the the 

lli^.<^^^^«taiiibn. JE^ ^ 

offic^ i^r(»d to file the 

dtee #60&-^ se<^^ ofihe 

npw nmwjgr. 

Wit BHJd he is not surprised 

odaeir ioiia^ took offectse to his 

coniphlints. 

'Tt^suncteratffiidabh and liosew I was 

going to take some 

he£d:and some fii*^ 

tiafl^8iart<tfitrWtt 

said. "My Mggest complaint wa8,thc flying 

public was iuit niade 

awaijiethdft «cll the criteria was not being 

\I1^ said he w ^ {lieased 

with d » readitm it^Mdl^^ 

County Mayor Jolm Qentiy. He 

also sa^ h6 is i»«8«itly satisfiled vHAi the ahptsi, althoa^ 

heaaid officials must continue 

to wrark toward a permanent 

solution. 

Gentiry said meetmgs will be 

hdd neid; month to address the 

airp(art]93X3«ct, 

De(^|Hte title detbaf^, the 

M<^)&3n County Aoiiort's runway was ejj^anded to 5,500 

feetThe airstrip was previously 5,000 feet 

The runway was ttlso 

wMeoed to 100 feet, and adtfititmal safety features wei^ 

added. 

The project cost $5 milKon, 

whii:^ was paid for with state 

and federal fund& 

Emaik rham^xin.nel 
The Ociy Post-Mhafwm^ F^td^, Oeeamb»r3Q,20O5 Footnote 16 Page 1 

to be taken at airport 

TodteEt^sor: 

I have just finiiihed reading the Dec 

^ issm oTnie Daily FpfitrA^touan. 

'Voma local piloto targm airport safe." 

I was a tittle taken ba<^ by thiK article, 

although it rea% vrttmt a surprise. 

The local piiota'arKummtthat the airpwt h "safe" is like m <»trich with its 

head in the ^and. A docujamted video 

tape rcoordifi the padi of an airplane 

taking dTof runway 02 and v«rtuaQy 

dinappearing in die "lUp" and just 

beyond the "hump" in the new nmw^. 

T ^ vidtx) reveals aoroe very starring 

and ]x>teatiai)y dang«rouj<i situaticsas 

existing at McMinn County Airport. 

I don't know why these pitete are 

trying to Vhifcft wash" a documented 

faihiro of the airport's new 

c!xpanBi(m/cQn8tractiQn by the 

Itenesaee l^ate er^gineers ^djo 

designed this ilaw" into the runw^ 

and d^d not (oSkm the guidehnea of the 

FAA Advisory Cirtailar No. ISOmSS4B, dated 7/1/2005, of Runway L«igth 

Kequireoents for Airport Design. 

M^^be our (oeal piiots just don't want 

another long ^u t down of the airport 

a^o , a» dwy experienced in 

September, October and Noroinber. 

I have the utmost respect for tbe^ 

pilots. Iliey are aQ fine gentlemen and 

exf^Oent i^ta. I jo^ have a haid time 

jujitifyiog their reasoning. Certainly, 

Beliefs 

Viewpoint 

ntfifived i^<i!i!8vidii0iiuid<!onsiteiKticn 

oUtya new mmvaj^ I was, andadU anir 

an advocate (tf an aicpaoded runway 

and aawaatedtaxiwayB. But, r want it 

fipiusibed o:iri«c^ was mp^xmA 

to ha\« beau in acfflrdarttie w|th sdsting FAA apedfieadofflk We iiipent m 

million d<dlara, took a fiuni^e hoaae, 

and doBod a oninty road fi»- iBba »ake 

of a hmgett wider, safer runway. An ai^ 

pod. thai woi^ be «Ah-a(tive to entice 

inchiBtry topQlM to MeMinn Cwnly 

f»id tpu»ielbiew ain^ ^ safe 

ai>d CdiGe^e^bat aixjpK)^ 

gtctto-IttPban Cov ^ 

in^.w«re 90% tQ ktve a 6,&C^^ 

ttflow^ with the "wictllii eaiieaided to 

100 £^1!1na wouid be knng and wide 

enough fia* moBtiboainess jets to (praise in a safe naooer. 

Kow we have regtdated taaporary 

dbeong ^the expand nmw^ and 

nonr htere rou^i]y tjie sasie length of 

operating Tonwiff aa we had before we 

spent mx mlBibn ddUars. Hie local 

pilots are caBiog the aa^iort '^afe" and 

one of die beet SB^porte in the state of 

pmaS f & n ^ In flM»liE8tiltte^ the 

<aqai>aiimvtt8i:ftfotgmtedtoftil»kxad 

pQote.«1lM^ ewld i^pi»«te sjudSe^ out of 

a 2.50QxS&'foot strip. 1^8 ibok at the 

performaricenfourtocai pilots' aircrait 

based at lil^Minn County Airport. Our 

hi^^est p«rfi»inanc« i»reraft on the 

field » a Ceaana 210. Ct takes it 650 

feet to tidi^ oJET «fl to get airborne We 

have two Pi|*r Arrows and thwr take 

offrtSi Is 770 ^ t to become airbtHme. 

There^ tkUomey 201 du^ tai ^ 880 

fi»t to take «tf roll. We have nrnnenHu 

Swift aipftooes based at MdVlinn 

CcKiniy M}d dteir take ofTroU i$ 400 

feet. So, it iiH evident tiiat a long runwi^ is not needed by the local pihis. In 

contrast to the kxnl airoaft, ti^o off 

requirements are the cos'^f^^ j<^ 

that \im aqpanskm was ot^led for. 

For example, the Lear 35A tib s 5,341 

foet to take off ndl to got airborne. A 

FakoQ Jet tali^ Q,500 feet» nod tbe 

coveted Challengto; the bij^eaa jet of 

them all, takes a w]»pping 6,450 feet 

to get airborne. That is what this airport expansicHi pFogrmnis dil about..a 

'^tum" on our six miilion dollar 

investment that would b^iefit all of us 

Jo McMinn Coon^.Howefver, presently 

we are saddled wfth this 'line of eight' 

pn:4}lem with our new runwc^. 

HowCTor, flat will be corrected, but we 

have to (9DB the problaoa and do aomething about it. 

Yesterdaj; I taxied out to runway 20 

fir tftka off i4s I itaB^tppn^iMifg && 

taiae c^end i)f z«niK«y ^ , a OeiBna 

was coming in for lac^hig on runway 
Tonwagi, Hiii^'^fe filjiiiiin tiiiiff -(SliB^' 

peai^ bQitmd 1iie^%piFr^adB4 into t ^ 

''dip." I taxied «ybop%dC^ 

^ new nmway tdiasfoei^^ ^ ^ the 

Ceaaia was d^bf^eronway iand I 

ooold haven sa^ take 1^ Although I 

had togwe up 5!iO(Kff^ie*ci^jfaiw^ 

behind tiKi, I vros (|Gt be^tae ^yitir in^ 

V ^ ahplane, I'mBS m:^'^i n 8£0 

feet. 

OK.„What i» the ptcWtan? Worst 

case sceoario..jny sorHb-hiwbzouj^t 

thisooeoat 

A corporate jet comes into McMinn 

Coonl? Airpost to drop people oC^ r^ -

el and fly to its next de^anation. The 

destsnatioo fia* the jet is a distant airpcai tb^JB rgtorted to be in maigina! 

weofiia' oonditione. Due to FAA r«fulations, the pilot must name an alternate airport and pat on tuel for ^ t 

airport, l^he is weather-w^ he wiQ 

add about 30 ininutes of iuildyac^fii^ 

and th ^ still, if he has to fly to hia 

destinatian, hdd for 30 minutes, fly to 

his alternate airport, he still has to 

land with a i^pedfied amount of FAA 

reserve foeL So ihe jet is loa ^ with 

fuel and faoba^paaseogers andA»-

frei^ llie jet taxis out to runway 20 

for take off In &ie soeantime, a family 

oomes into Mdlflinn County from 

CaHfoxnia in a Cessna 210 and z^be^ 

Ifi^ieliti^ 

tici itm nuHff^ 30 for lake ofi'iLBd, 

al&ougfa the ji^ caplain is cognizant^ 

the T^poFazy Safety Beatricttoner'at 

Mcjtfim} Onmty Acrporty he may be 

tempted to fltort a liWft early «4ih hidT 

take offroQ, a» he knows thathfft 

of the t^sars^ and xm ^ bdood ^ 

is U6^S8;6o he Staa»ti9i1iis ts3s» offral 

a little early, thinMng thainaoD^else 

was on the roowt^. W ^ thfrj^anarjeit 

cornea over the imm^'fae tjhease!^ 

the Cessna 210 just stasirtiE|tki» ti ^ 

off roQ. Ilie heBwy>ti»«iirra<^inidi> 

c^rog about dO-90 knots. Tbolateto 

avoid the Cessna, and tbetn is a oolBskm with the jet loaded to &&: gills 

wi& fuel and a jresoltiiiig firabnli and a 

needlees tnigiB^ tbirt shgnid have 

never happened^ HJtu^dlji^tl&s aoeoariQ will n^!!«^liigypi^^pnd it won't if 

we t^ e &!^ iBpig»i^i^feres to conect 

the %ump^* pmllem. Lake my 

grimdmothei^ n»ed to aay,'A. atUich in 

time «ame9 nine!" 

BJopdhUy,wewiIi< 

km. I hicrpe thatwe,^a$4 

2^ofMc!VGnn< 

positive step i 

airport. ( 

int 

[ solve tlaei^ 

im 

i^it^mpl' 

deddestotf&eofffttHn^aitttrE)^ jFootnote 16 Page 2 

Jai^fisnrell 

Athem 
Fridiay; "psmaaty 6,2006 

Footnote 17 

aboiitiiffli^daflpr loses c^mtract 

Ca»$MiroiaaKT 

ATHEN^Tenft-rAMd^inn 

Cotaity Aixj^BS0thie^ctm 

said he M^ fhred TTaM^ 

airport manager Bit! jFohnson 

for cbmplaiamg about alin<ti3^ 

sight {q»folem with the imam% 

lenovakion at the airport 

Kenoy Witt said Ms cbittiw> 

tual r«1atio»hip with llie i ^ 

port was sevecied He saSA ^b . 

Johnson told him, "I should 

have kept ray moudt^ut.* 

'I^fem;lam tedmkally out of 

a job.-Mc Witt said 

Si«M'«mntt«i «r iim*ii:v(kaeim. 

JbiK JohnMo. who mana^^ 

the a3if«M tmdar contract wi& 

:^7dM]9pet|,:^#a^.|«''h^ the 

autitoBvj'|p^nd:^^9^tik he said 

was an oral (ati^ract with Mr. 

Witt tQT»IMri|rlapds 1 ^ 

£0[gbt liess<ysittliiei»l^^ 

"The state and EAA are trying to reconcile this, ai ^ he 

just continues to uhdeirmine 

llie TOport," Mif fidbnson sud. 

*T hayc talked m (th^ state tUviaiim o0 Aetspaujii^^a^ 

^liabUity iu^KBtt^ hose and 

have dte fiojAsa;:" 

Mr. Win «aid the action 

ciiief'alK^'Iss' iaam^iibsitA ^ttat 

a recent extension of the runway to 0&Oi jieet Imd 1 ^ t ^ 

wbfere a ts^mfky connected to 

the runway. He said the dip 

interfered ii«jth xi^ilines for 

pilots taking t^ff from the end 

of the runway. 

ITie Division of AercHiautics 

recommended doiSH^ ^ taiowxqr,bUtMc Witt sajdfluitWDuk} 

force pQots totaadointhe rtmway 

to takeoffposttian. He said tlai^ 

not safe because there are no 

patntiedguxddybaes en the luniiffay' 

to keep aircraft «epar^ 

Mc^kfiim Coui^Silayor John 

Gentry said the issue is out <tf 

the «wnt5^Ja^ls^j^ arid he 

met this vvtsek \fri^;^i^e and 

federal offlcidS; wto aon: looki]]^ at ways to! fix thje runway 

problem. Tixe solutions could 

inin(>Ivte grincUng the sur&ce to 

eliinuiate the d^ or closing the 

taxiway, be said. 

All the cQst to fix the nmway 

-will be boimi % &e state. Mr. 

Oentry ssod. The state also paid 

about ^ pereeitf of die $3 nallibn cost o(f.,th« cecem: renovaricm and {i^i^piui!a<m. 

B'niiafi&in d^yfion or 

/M>niron@^mei;/recpress.co>n' 
Footnote 18 Page 1 

says he was fired 

for 

F^ht hsiiiictor Kenny V9fi sayslie lias been fired for 

wtiisttebloiwNg'' kSw/inQ his reo&rA cora|:^ainfts regarding 

sadiety issues «$,the McK/Bnn OounfyAirpoit 

RYANHASRIS 

SiaffVMir 

Airport iB^ua ^ Bin 

Jctoaon ndd ^ 0nly h ^ an 

ccsl apeement vidth the.iii ^ 

ins^RKtot; axidlas dedtt e ^ 

end.iiie 

' of a job, and all because, for tbe 

seGnod time, I aafced Ar 

' MiMmi Cooi]^, ihe state of 

Ibm^qjsee and ^ ^lederal 

Aviatioa AdministraliOQ) to do 

h^ai^ ^ETiCondnsiiius that thegr 

1 -

relationdaip 

wsaaiesult 

handling tbe 

situation 

r^arding 

the aiiport 

inaproper 

manmff'. 

" Hew, ] am ie&eiSss$if0m lib^m ^ 

iKcanse, far fl»sa»BtpiB, I adattle^ 

issiiinoa 

VTittfirat 

oomplamed 

that an 

the aKportf Witt said bi an iHiiaii. 

was create during A nug(»> 

ovffllunil of the lij^USttn 

County Airport He leqoested a 

notice be flled to warn pikit^ ef 

theskna&XEi. 

Thai notice was fied, snda 

portiaa of tiie newly-added run* 

way espanaion was do ^ aa a 

tempwary SQ^vtfran 6} tiie hneof-8^t diliffnma. 

cialslsitveidito';; 

taxiw£ky in k«4> pSots firom tdkingoffin tiie'ie^iictedarBas of 

the tunwacPL Witt dsdms k}cal 

havemade oooeernlag thi safoiyof1he«stpori;"Wittsaidin 

an^maiL 

•Jii^mson si ^ the js9ues at 

t]»mrport are b^hftttSISd 

by State and federal o£BcieiE^ 

siid^liiotTl^isattMqiiiQgto 

'^uidermii^ progress atnie 

anport 

inS^rm0$m i ^ tiienB^''JohttEton 

oill;^ mis own milQad oif le^ 

ting tiie FAA aod the state 

work.jtO(«L" 

in response to the latest 

dkuont irouid.be £3sd «» soon 
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Footnote 21 Page 1 

A

piece of lEbe newly* 

eonsbruii^ ruuVnty^ 

Airport siiouU be ripped np 

and r«$Hii&ie solvea HuNlf^. 

Kig^t issue, state sUftmiiai^ds 

8ad4ommft ^ ' ^ 

our 

Bodney j^bsgeraldtiin^ 

manager CEB* the state's aeronantws division. 

The remo!^ and reoni' 

struciion itf 1 ^ ^fo^ of the 

runway ^ "tot oxt sipep 

mv^hun^'mtbesiastt ^ ' 

J^Stis«lRttId89^T!]ira»tisan 

e^bimaled $87^000. 

S^ti^en^said fb$ xmMra^' 

if^ll he 5 ^ foetlEag ctoce 

iMpstrucdson )$-0Qt|^(defe. 

^t,h B said, wto tbe goal 

qmii^ iiie Qej^^BSl cDnstpael^pn^ec t 

^bute wwonau&3 dkecboor 

l i ^ %th « error «t the flo--

poct. 

^ ended uji, w ^ amny-

$>tlbdwe betve a lion^iCsJi^ 

ttw stag's 

^ividon, 

jEOtpialns a plan 

-1^ T«p«i^ the 

Mcftitinn County 

Airport. Looking 

ondr e pilot 

Kenny Wtt, 

Mc^n n County 

Wrfilarif 

<tf1te!itoMEmpCa<ml^CemmmiBaBfe 

Ai^r t CeaamitbeSi "^nee d to fix 

thi^ We axe gt»ng to &^mt.* 

The Airport Conmnttee acccf:^ 

tfaetiawfei86ninBwiMtolscip6on.to 

ihe]ine4^^i^i88ofcl3|ie^M<!otu^ 

CanmsssSsn msefc iaow j^pprove th^ 

iD(^Hxrtb^>rew<n&lie!pQsattheah^ 'Thestateisfao^tpgtiu^inrse 

port. stcii^a a this 13fi(tib^alws;y$ have," 

Wooda»Bd&!»$a;<gectw9ibe M«3#[mCom^'Ji%Qr^Mm<3eatry 

Imsd^ fnoidBd wi&fs^k^ nymep sMd.'^^W^te tsiJSi&gnbnuia-miointal 

wi^^vasn't efsQt4i>aiin>g ibenngmal amoonfr^b^^fiailhy tiw^eounfyr 

i^wS^tm^aaiiMiSbutSij^ ^ llte^KnafyooiddksenxmigibowMdUl(!i^ikMipl^.^.^b» eve^finm having liieaazpartshut 

inciuited taj^!^|;^:ittoKnitlia!i$^p^cent.o£ 

SeeAlIUiOKT«Page2 
Footnote 21 Page 2 

lf'^;';?^,'.;-ii 

9to«M;$imnn|bi^']^aM^«y^'iBS^ 

d()sn^ <€fii» alipQct {Souai ]#a)^ 

ing flite^MoaAsbnictuxijhe se ^ 

The airpori wiss dosed 

three months last year \MiB 

the ttriguml «]qp8nffl<^ ItttUBSct 

was cm&fdeted. 

l^eees ofthe runw^ and a 

t^OQway aie-sJSI iSosed at fhsi 

airport as ^ temporazy solutian 

to 3ie Uns'd^eas^t^^wiikm* 

Fits^iersHsaid. 

will consider ^p^nn^finsoidal 

assistance to Aiipnit Manager 

Bill Jcdinson, isi^bote .income is 

impsictei by &e airpoit domg, 

T ^un a Uttie dugustad wi& &e<^sii% but Tm 1 ^ to see its 

gottmg&wd,''J(£iiM(m said. "B^ti sn iasptactant aeSslBy haSxa^ 

tbatneeds to be brought ba<^ up to par.' 

l.!in^h^^d«r«sug|B^ iiatf^miXiSI^IM the 

iQmajitnso, and lia said ^^it^weiftctHxec^^ 

Kenny \listtr ^10 "ffas OQoe a £ii(M ins^irnelgr si 

CkmntyAirpcHTt andim^of ^ mo^ veoi j%tg dnnngi^e Tun-

^ t ^ png«ct» ssid 1» iiviU i«n4lBB interest»d In ih« Jdii^^ 

' 1 ^ Is a stc^ in the ri ^ diredson and w ^ keep our eye on 

it,''TWttaaid. 

}?ib&WiSmaTSiS(!fm9iff:stfi,«esk^ 

do4^im;vi^ niS ^hea^i s sooght fa. ^ (»jginal coi#ruciiogn.'' 

M addi^cmal $k imlHon of wot)( ^ xi^uns to be t«n^^ 

at the airport, OiGCuiials said that wntkw^ be.dimein&tiiire 

phases to move buildings, clear tr«Ses and isWive thsj»llil3^%.:, 

Hl^-aiilieit: - '^:''^'p-^'--f^' 

i^tf»w&!fmi^i^^eib^ said, was th&most 

cbH^ej^«dat3^ 'niadtirbtibi^tD tho sxx^giaitiks: 

%-BuxU: rharrisfSg^jfigt 
Footnote 22 

Aeronautics Diviaon Project Number. 54-566-0128-04 

Fkiance and Admhiistiation Contract Number Z-O6-02-O473-00 

ATTACHMENT TWO 

GRANT BUDGET 

r^ 

GRANTEE: 

PflOORAMiUKA: 

UCMtNN COUNTY 

• ^ 

I-

• * " 

U.-

C 

Aiiport Safety 'mnprovemant project at ttia MCMINN COUNTY MflPORTT. 

1 »ndSM»BiBntUonh3,AppantieAfar1utwiUIIMimalaaiiimpBna<±lea nmHtanm the model bi 

AJbailonPlmBlorfUti 

jdgatfanneL PoloyOSc 

rndplerlsolFadaml 

antwtaiindantha 

TMEi=OLtjOWmGiSAPPUCABLETOEXP»8eiNCURREOINTHEPERK>0; October 1,2D0B Smxigh SaptMitbw 30^ sm o 

POUCY 

oaofeiMt 

llWlill l 

1 

3 

4. IE 

S 

i ' 

7 

1 ' 

i 9 

10 

11,12 

1 '^ 

1 ''* 

I t 

17 

1« 

ao 

22 

24 

2S 

FXPaUSE OBJeCT UNE^TEH CATEGORY 

(delaH 8ctieclula(s) attached as appMcabie) 

Salaries 

Beneffls&TaxaB 

'Profeaaional Fee/ Qrant & Awaid 

Suppllea 

Teiephofie 

Postage & Shipping 

Occupancy 

Equipinant Rental & Maintenance 

PrinHno&Publicatione 

TmveV Confarencas & Meeftigs 

Intarast 

Inaunuicu 

SpecHfc Assistance To Individuals 

Depredation 

Ottwr Nan-PeiBor«iel 

Capital Puicliaae 

lndfeectC:ost 

In^KM Expense 

GRAND TOTAL 

GRANT 

CONTRACT 

STATE 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

$1,831,037.00 

0.00 

0.00 

0.00 

$1,831,037.00 

GRANTEE 

HATCH 

(partlclpailon) 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

O.0O 

0.00 

0.00 

0.00 

0.00 

$46,960.00 

0.00 

0.00 

aoo 

$46,96a0O 

TOTAL 

PROJECT 

0.00 

0.00 

0.00 

0.00 

0.00 

aoo 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

0.00 

$1,877,987.00 

0.00 

0.00 

0.00 

$1,877,987,00 

1 UNE-nrEM DETAIL for Other Non-Peraonnel: 

Grading, drainage and surfacing to <»rrect llne-of sight at the McMinn CoLinty Airport. 

TOTAL 

AMOUNT 

$1,877,987.00 

$1,877,987.00 

Project Breakdown: State - 97.5% Local - 2.5% 

Page 13 of 13 
Footnote 23 

Aeronautics Division Praiect Number 54-556-0128-04 

Finance and Administration Corrtract Number: Z-O6-O2-0473-OO 

GRANT AGREEMENT 

BETWEEF THE STATE OF TENNESSEE, 

DEPARTMENT OF TRANSPORTATION 

AND 

MCMim COUNTY 

This Grant, by and Is^ween the State of Tennessee. Department of Transportation, hereinafter referred to 

as the 'State" and MCMINN COUNTY, herssiafter referred to as the "Grantae,* is for the provision of an 

airport improvement project, as further defined In the 'SCOPE OF SERVICES." 

The Grantee Is a governmental entity. The Grantee's addreiss Is: 

8 East Madison Avenue 

Athens, TN 37303 

A. SCOPE OF g^RViCK: 

A.1. The purpose of this grant shall be to sjaonsor a project for the further development of a public 

irirport under Tennessee Code Annotsted 42-2-203 and the Aiiport and Airway improvement Act 

of 1962, Title 49 of the United States Code. Pursuant to tfiese provisions, ttie State shall be 

desiffiated as the party to apply for, receive, and disburse ail funds to be used In payment of the 

costs of said project or as reimbursement for costs incurred. The Grantee shall be a recipient of 

funds from the State Transportation Equity Fund or Fedetai Airport Improvement Program, and 

shall undertake an airport Imjjrovement project as mors particuiarly described in the grant 

appUcatfon. This grant applka.thxi wilt be Incorporated Into, and made a part of this grant as 

Attachment One. 

B. QRANT TERM: 

B.1. Grant Term. This Grant shall be effective for the period commendng on October 1,2006 and 

eivling on SaptomlMr 30.2010. The Stale shall have no obUgatkNi for services rendered by the 

Grantee whk^ are not perfonned witfiin the specified period. 

0. PAYMENT TERMS AND CQNPITIONS: 

C.1. Maxgnum LJabiHtv. In no everrt shal the maxiniian liability of the State under this Grant exceed 

ONE MILUON, EIGHT HUNDRED SEVENTY-SEVEN THOUSAllID, NINE HUNDRED EIGHTYSEVEN DOLLARS AND NO CENTS ($1,877,887.00). The Grant Budget, attached and 

incorporated herein as a part of this Grant as Attachment Two, shaH constitute the maximum 

amount due the Grantee for the 8ervk» and al of ttie Grantee's obligations hweimder. The Grant 

Budget Irie items include, but are not limited to. ail appScat>ie taxes, fees, overhead, and all other 

direct and Indirect costs incurred or to be bicun^ t>y ttie Grantee. 

C.2. Compensation Firm. The maximum liability of the State is not subject to escalatton for any reason 

unless amended. The grant budget amounts are firm for the duratton of the grant contract and 

are not subject to escalation for any reseson unless amended, except as provkJed in Section C.5. 

C.G. Payment Methodokxiy. The Grantee shall be compensated for actual, reasonable, and necessary 

costs based upon the gtant budget, not to exceed the maximum liabiiity established in Sectton 

C.1. Upon progress toward the completion of the work, as described in Ssctkin A of this Grant 

Contract, the Grantee shall submit invoices, in form and sut>stance acceptable to the State, with 

all of the necessary sup|x>rtlng documentatton, prior to any r^mtHirsement of allowabie coste. 

Such invoices shall tie sutxnitted no more often than monthly and indicate at a minimum the 

amount ctiarged by txjdget line-item for the period invoiced, the amount charged by line-item to 

iofi 3 
Footnote 24 Page 1 

OPEN LETTER TO MCMINN COUNTY COMMISSIONERS: 

April 10,2007 

IB 19531 had volunteered to serve my coaatry as a Naval Aviator, to do my doty, to help our 

PresideBt, Harry S. Tramman's carry oat hb policies to stop Commnsnist Aggrasioa in Korea, thus 

helping to preserve the Liberties and i<hrecdoau of America. Daring my 33 combat missions against 

the Communist North Koreans and Chinese while flying off of the flight deck of the aircraft carrier, 

USS Boxer, my nttncfc aircraft was hit eleven times by AAA fire from enemy guns. 

57 years later, I am still takiag bits from persons who want to surpress other persons—this time 

insMe Amnica, who endeavor agnin to cnrtaO freedoms and liberties of Amerfcan citizens. 

Two years ^o , construction began at the McMinn Connty Airport to make it a l>etter airport that 

would enable fairgcr planes, mainly jets, to operate safely and efficiently in and out of onr airport 

During the construction, some quirk in oigineering went astray, and a large hump was left in the 

northera portion of the runway obstructing the view of the rest of the runway from the take off 

postioR of die north runway. I was aghast at this blunder of professional engineers who undertook 

thb project and over saw the constnction. During the melee that foltowed, I was surprised that 

County and FAA OfiDdab were letting this pass. And Our Conn^ Executive/Mayor stated, "It is a 

safer airport than it was before And that is the bottom line!" I wrote a letter to the County 

Executive stating my views as an experienced militay/airiine piktt, that the condition of the runway is 

unacccptnUe. Nothing happened, until Fb^ t Imrtmctor Kenny Witt started "Stirring the Pot" to 

expose the dangeroos conditton now existing at the airport When the media picked up on this, 

thing;i b^nn to happen. There was an investigation, and consequently, the State and Federal 

Government spent approximately two miilion dollars to correct this adverse situation, which could 

luive caused a catastrophic accident. 

WelL..this was done, and we now have a perfect airport, as pfainncd, to hamlle jet traffic that will 

enhance the business atmoriMre of Atiiens and the sunromdnig communities. Bat...Was it over? 

No! Some of the kical pilots were very upset with Kenny Witt's disdosnres to Government Officials 

and to the media of the unsafe condition, and he was faibded, "A Whistle Bhiwer!" These pilots were 

upset Aat the airport had to be re.closed for corrective excavation that inconvienced them. 

So.-Kenny Witt was cxcladed fnm any other luncttons at the airport, includmg his job as a flight 

instructor. 

At later happenings at the airport, the management contract was changed to a new contractor due 

to the poor health of Oe past Fixed Base Operator. As tkt new management toirii over the 

operation of the airport, you wouki think that as they inherited a top notch jet airport, that business 

would be focused on operating a business like public fiiciltty, that wouM benefit alL 

WelL-Again, this was not the case. It seems that then is a exdusivc " Aviatmn Club" at the McMmn 

Connty airport that has influenced the new management that Kenny Witt is no kmger weh»me at 

this Fcderal/State/County owned Csdlity and has subsequently heen "BbMdi Bailed" from the airport 

op««tJ«His area. 

This was magnified to me, as 1 came up Ibr my Bi-Annual FIE^t Review. Kenny Witt has always 

been my Certified Fl%ht Instructor to conduct my Bi-Annnal Review. I had made arrangements to 

rent the Fixed Base Operator's Training aircraft because I do not have a right seat in my airpbne, 

doe to a window that is in that seat positkiu for taking vertkal aerial photographs. The Instructor is 

supposed to sK m Oie co-pikits seat in order to give yon instrnctkms and conditions that yon must do 

to pass your ABR. When I showed up at the airport and stated that I had made reservations to rent 

tbe training aircraft for my ABR with Kenny Witt as my Flight Review Instructor, they denied my 

rental request, stating that Kenny Witt was not on their Insarance Lists of pitots who could rent and 

fly the training aircraft. 
Footnote 24 Page 2 

Later, as 1 came back to the afarport, I was threatened by one of flie "in crowd", that if I wanted to 

get along and be accepted by die i^ois at the airport_l had better drop Kenny Witt from my list of 

associates, or I wonld no longer be welcome at this airport I probably shouM have sensed this 

attitude of most of tbe local pilots, and_ becanse I had supported tbe re-excavation of the airport's 

runway, my pick up truck had been "keyed" in the airport parking kit about thee weeks prior to 

tfaB episode. 

I have had an airplane and have flown out of tiie McMinn County Airport since 1971...probably 

kmger than 99% of the pihits who are now the "Exclusive Plhits" of the McMinn County Airport 

In lien of these recent events, I think that the airport has the wrong type a t management, and that the 

airport sliould be managed by a firm that realizes that this is a public fKflity and that all piiots who 

are in good standing with the FAA should be welcome to come and fly ni the capacity that they are 

qualified to do in accmxtance with FAA Reflations and not discriminate against any one pilot 

because his views are dilTcrent from the rest Jast because Kenny Wttt "stepped on the toes" of 

some local Government ORMals and some of the "exdnsive" pilots of McMinn County, it should in 

no way constitute a "NO TRESPASS" s ^ to Kenny Witt-Or any ottwr pifot who exercises their 

First Amendment Rights of our Country's Constitution. 

It seems that I am stiU fighting a war for the Rights, Freedoms, and Privledges of ALL Americans. 

Ironfeally, most of the pitots of the Exclusive McMinn Co. "Aviation Club", as well as the present 

management have never served their country in a military capacity. 

Sincerely, 

Jack Ferrell 

P.O. Box 206 

789 Highway 39 East 

Athens, TN 37371 

Copies to: 

Mr. David Crews 

Dr. Scott Curtis 

Mr.DaleHoibrook 

Mrs. Jcannie King 

Districts 

Districts 

District 4 

District 4 

Mr. Roger D. Masmgale District 3 

Mr. Gary L. Mason 

Mr.JenyMiUsaps 

Mr. Bob Powers 

Mr. Jad( Powers 

Mr. Tad Simpson 

District! 

District! 

District 1 

Districts 

District 1 
[Footnote 25 Page 1 

Statement to the McMinn County Airport Committee - July 16,2007 

Good evening, my name is Bill Keyes, and I have been a McMinn County 

Resident for ttie last 23 three years. 

I would like to thank you for the opportunity to come biefore the airport convnttee 

t(Klay. 

I am asking for your help to resolve an issue, which took place on Thursday, July 

5. 

The basis of nny complaint has to do with denial of services specifically as it 

relates to the rental of an aircraft hangar. 

On May 30,2004,1 approached ttie then, current airport manager BiU Johnson, 

and asked to be placed on the hangar waiting Rst 

Several months later, in passing. I asked Bill Johnson where I stood on the list. 

Retuming from his office he indicated I was either 4*or 6* on the list. 

In August of 2005,1 recdved a cedl from Mr. Johnson, amport manager, offiering 

me the option of the use of one of the old fiangars. The cunent occupant had 

sold a plane and the hangar was empty. It was being made available with the 

understanding that upon tfie purcfiase of a new aircraft the hangar to revert back 

to its prior occupant lfentedthehangarflromSeptent)er 1,2005 to March 15, 

2006. 

During tNs period, it was discovered that the newly completed runway had been 

knowingly and deliberately built with a line of sight problem. This issue could 

have caused a serious or fatal accident at the airport for ^ic h the courrty would 

have been liable, as the county had been made aware of the protHem prior to 

construction. 

Kenny Witt, along with others, and myself became proactive in our efibrts to 

ensure ttie Skrte of Tennessee accepted responsibility for tfie faulty design and 

to ensure ttiey provided additional funding for the repair. 

On December 16,2005, the Tennessee Aeronautical Division formally admitted 

in writing that the runway was out of compliance and ordered a dosure of the 

newly constructed mnway ^dension and new parallel taxiway, the two major 

components of ttie airport expansion project 

Wfiile our actions had tieen successful, these same efforts resulted in threats 

and attempts at intimidation. This was an effort to silence ttie "critics" and to stop 

ongoing tiad press surrounding ttie airport. 
Footnote 25 Page 2 

Over the subseqt^nt months, I spoke with County Mayor Gentry about hangars 

on at \east three occasions. 

The first was on Monday, July 17,2006 at ttie regularty scheduled County 

Comrryssion Meeting. Mr. Gentry had indicated that the Aeronautical 

Conwnission had passed ttie funding for the reconstruction project by one vote. 

Further, he indicated that none of the nrxiney earmarked for the new hangers was 

toucfied and ttiat ttie repairs woukJ tie made vwth the new money allocated with 

the approviri of this project He added ttiat ttie new project would start some of 

the site prep for ttie new hangers and hopefully construction for those might start 

within a year or so. I took the opportunity to remind John ttiat I was on ttie list and 

appreciated Ns tielp in ensuring the money for ttie new hangars had not been 

spent on runway repairs. 

The Second opportunity was at another regulariy scheduled County Commission 

meeting which occurred on Monday. Octotier 16,2006 - Mr. Gentry and I briefly 

spoke atxiut ttie airport and pending construction. I brought up the need for new 

hangers again, i expressed nny hope that new hangars woukI tie built and my 

desire to obtain one upon completion. 

On Tuesday, Octolier 24,2006 - TNs committee approved tt^ transfer of 

contract from AUiens Air Inc. to Athens Air LLC. 

A week or two after Attiens Air LLC, took over, I went over to the airport with Mr. 

Jack Farreli wtiere I met, Taylor Newman. I mentioned that I had spoken to the 

County Mayor at the last commissk>n meeting and it was my understanding that 

there was still a good chance we migtit get new hangers. He acknowledged my 

interest and implied that I v»as still on the list. There was no mention of a new list 

I spoke with Taylor Newman Again on Monday, February 26,2007 - He 

acknowledcied tie knew of mv continued interest in getting a hangar. Again, there 

was no mention of a new list. 

On Monday April 16,2007,1 spoke with County Mayor John Gentiy at tiie 

regulariy scheduled County Commission Meeting. Among ottier items, we 

discussed harpers and he was still hopeful that construction could begin 

sometime this year. I expressed my concem that nny name may have tieen 

acddentaliy lost from tiie waiting list with the ctiange in airport inanagennent. 

John was quite ennphatic about the fact ttiat he had possesion of ttie Hst In 

passing I remarked that was good because I had tieard some rumors atiout the 

FBO starting ttieir own "new" list. His comment was "I have the list and mv list is 

the only pne which counts". 

While the County Mayor has tieen adamant atxiut having possession of the 

"current" hangar list, I have recently discovered in conversation with Mr. Joe Guy, 

that the county tias in fact not maintained the list for several years. 
Footnote 25 Page 3 

On Thursday, July 5,2007 - Kristy Qenb^ offered a hangar to Mr. Steve Dodd. 

Ms Gentry was told at that time that he (Mr. Dodd) knew that i was on the list 

ahead of Nm and asked why I had not tieen ofllBred the hangar. Ms. Gentry 

informed him that the stie tiad created a new list and that now he was at ttie top 

of the list. He later found out that I was now number six on this "new" list. 

Mr. Dodd has accepted ttie offer of the hangar. 

Over the past several months, I have begun preparation and training to advance 

my flying skills. As such, I recentiy tiegan flying with Mr. Kenny Witt who was my 

fligtit instructor previou^ and witti wtiom I tiad worked to obtain my lk;ense. 

Those who choose to continue to associate themselves with Mr. Witt, find 

themselves out of favor with ttie current airport management. 

It is my contention that ttvough ttie actions of airport manager, Ms Kristy Gentry, 

Attiens Air LLC has knowingly and wiMully engaged in an act of discrimination 

against me. 

I have every expectation that our county govemment will not tolerate 

discriminatory actions fi'om its own employees; however, it is not dear wtiettier 

our county govemment holds its contractors, such as, Athens Air LLC to tiiese 

same fundamental legal prindples. 

I am asking the McMinn County Airport Committee to condemn and correct this 

discrinrNnatory action. 

To this end, Athens Air LLC maintains control of a large maintenance hangar in 

addition to a smaller hangar where ttieir training aircraft is located. I am asking 

that the Athens Air LLC tie required to relocate ttie existing training aircraft to 

ttieir maintenance hangar wtiere it will tie aflbrded ttie same protection found in 

its current location. Further, I am asking ttie Athens Air LLC be required to 

relinqtjHsh contrd of the smaller hangar and ttiat hangar tie immediately made 

available for ttie protection of my aircraft. This compromise ensures the safety of 

each aircraft and corrects ttie discrimination, which took place on Thursday July 

5, 2007. 
HAROLD B. STONE* 

SCORGC F. LEGS' 

MAURICE W. GERAHDt 

STEVEN D. LIPSEV 

CRIC J . MORRISON 

• . ALSO LICENSeo IN vmONM 

i . ALSO LICENSED IN PCNNSVLVANIAC NEW JCRSEV 

t • SUPREME COURT RULE 31 MEDIATOR 

STONE & HINI>S, P. G. 

ATTORNEYS AT LAW 

0 0 7 ftAY STREET. S. W.. SUITE 70 0 

KNOXVILLC. TENNESSEE 37802-130 2 

TELEPHONE oe5/a.4«.«» e I 

TELEFACSIMILE S6Sj'S4e.048 e 

September 11,2007 

Footnote 26 Page 1 

CHADWICK B. TINDELL 

JASON E. LESS 

MARK e. BROWN 

MICHAEL B. MCNEFEE 

THOMAS H. SHIELDS ill 

OF COUNSCU 

ANNA F. HINDS 

Ms. Cluristy Gentry, Manager 

Athens Air, LLC 

McMinn County Airport 

195 Comity Rd. 552 

Athens, TN 37303 

Re: William H. Keyes v. McMiim County Aiiport Aufliority 

and Athens Airr, LLC 

Our FUe No.: 5772.001 

Dear Ms. Gentry: 

Tliis finn has been engaged to review the difficulties suffered by Mr. Keyes 

and others in being afforded Ml unencumbered and unrestrained use of the McMinn County 

Airport which is a Federally and State funded public facility. 

One current issue is the availability of a hanger for Mr. Keyes' aircraft. In Mr. Keyes 

discussions with County Major John Gentry and County Commission Chainnan David 

Ctews he has beraa assured that his name is on top of the waiting Ust for flie first available 

hanger and that, in any event he is now "guaranteed" a hanger beiii^ made available upon 

completion of the new hangers, to order to prevent further controversy on tiiis particular 

issue it would be very helpful if you would confirm to this office that in fact Mr. Keyes is 

on top of the waiting list for the next available hanger and in any event a hanger will be made 

available upon completion of the new hangers that shduld be completed in the near future. 

A stamped returned envelope to the undersigned is enclosed. For your convenience 

you may make a note on a copy of this correspondence and return it to me in the enclosed 

envelope. If a current list of applicants for hangers is maintained by Athens Air, LLC, please 

enclose a copy with your response. 
Footnote 26 Page 2 

With kindest professional regards. 

Sincerely, 

STONE & HINDS, P.C. 

by 

H#ofdB. Sti 

E-mail: HSlone@s-hlaw. 

HBS:tic 

Enclosures: Stamped return envelope to Stone & Hinds, P.C. 

cc: Mr. Taylor Newman 

-Honorable John Gentry, County Mayor 

-Mr. David Crews, District 5, Chairman 

''''•V:'.r^-.-r ^ 
Footnote 27 Page 1 

HAROLD B. STONE* 

SEORGE F. LCCG* 

MAURICE W. GERARDt 

STEVEN D. LIPSEY 

ERIC J . MORRISON 

* - ALSO LICENSED IN VIRSINIA 

1 . ALSO LICENSED IN PENNSYLVANIA & HEW JERSEY 

t - SUPREME COURT RULE 31 MEDIATOR 

STONE & HINDS , P. C. 

ATTORNEYS AT LAW 

B 0 7 GAY STREET. S. W.. SUITE 70 0 

KNOXVILLE . TENNESSE E 37902-IS0 2 

TELEPHONE 8e5/S4e.e32 l 

TELEFACSIMILE aeE/S'4604E S 

CHADWICK e . TINDELL 

JASON E. LEGS 

MARK E. BROWN 

MICHAEL B. MENEFEE 

THOMAS H. SHIELDS III 

OF COUNSEL: 

ANNA F. HINDS 

September 14, 2007 

William H. Keyes 

121 County Road 569 

Englewood, Tennessee 37329 

Re: William H. Keyes v. McMinn County Airport 

Our File No.: 5772.001 

Dear Mr. Keyes 

As a result of the question raised in your letter of September 10, 2007 

regarding the use of Federal fnnds for the improvement of the McMinn County 

Airport to bring it in compliance with the line of si^t rules, I reviewed the Grant 

Agreement enclosed witfi your letter. As I read the Grant and the attachments, I have 

concluded that the Application for Funding Assistance Attachment "F which 

indicated that participation of die Federal Govemment of (95%) in the Funding 

Request was not adopted in the final Grant alAough Tennessee Aeronautics 

Commission recommended it. That Application was for $1,261,700.00. The actual 

Grant was for $1,877,987.00 wift the State of Tennessee Funding 97.5 % and 

McMinn County Funding 2.5% of the project. 

It appears to me that the impression that you received from Director 

Wood that the State of Tennessee would be bearing the burden of the major part of 

the Funding for the correction for the runway was correct. 

It appears that whoever prepared attachments with the initial 

Application for Funding Assistance just assumed that the Federal Govemment would 

be involved in 95%. I believe that the attachment to the Grant Bud^t which 

conforms to the amount of the actual Grant is the controlling document. Please 

review the documents and let me know whether or not you agree with that conclusion. 
Footnote 27 Page 2 

In any event the total costs of the initial expansion of the runway and 

the repairs are the burden of Taxpayers whether it is Federal or State I am not sure it 

would be to your benefit to become involved in a debate between the State and the 

Federal Govemment about the allocation of funds. 

With kindest professional regards. 

Sincerely, 

STONE & HINDS, PC. 

E-mail: HStom(^-hlc^»:€om 

HBS:tic 
Footnote 28 

STONE & HINDS , P. G. 

ATTORNEYS AT LAW 

B 0 7 GAY STREET, S. W.. SUITE 70 0 

KNOXVILLE, TENNESSE E 37902-IS0 2 f-u*r.uii^ « o riwnr i i 

HAROLD B. STONE* CHADWICK B. TINDELL 

GEORGE F. LEGG* JASON E. LEGG 

MAURICE W. GERARDt TELEPHONE 865/646.632 1 MARK E. BROWN 

STEVEN D. LIPSEY TELEFACSIMILE 86S/54&042 2 MICHAEL B. MENEFEE 

ERIC J . MORRISON THOMAS H. SHIELDS III 

• . ALSO LICENSED IN VIRGINIA OF COUNSEL: 

t - ALSO UCENSEO IN PENNSYLVANIA «. NEW JERSEY ANNA F. HINDS 

« - SUPREME COURT RULE 31 MEDIATOR 

September 27, 2007 

William H. Keyes 

121 County Road 569 

Englewood, Tennessee 37329 

Re: William H. Keyes v. McMinn County Airport 

Our File No: 5772.001 

Dear Mr. Keyes 

Neither Ms. Christy Gentry nor any of the persons copied on my letter 

of September 11,2007 have responded to this office. Please let me taiow what if any 

fiuther actions you would like me to take on this issue. 

With kindest professional regards, 

Sincerely, 

STONE & HINDS, PC. 

laroii 

E-mail: HStone@,s-hldU:com 

HBS:tic 
Footnote 29 

STATE OF TENNESSEE 

DEPARTMENT OF TRANSPORTATION 

AERONAUTICS DIVISION 

P.O. BOX t7326 

NASHVILLE. TENNESSEE 37217 

(615)741-3208 

FAX (615) 741-4959 

GERALD F. NICELY PHIL KREOESKN 

IT>MMISSII».kK GOVUINOR 

February 25, 2008 

William Keyes 

121 County Road 569 

Englewood, TN 37329 

Subject: Contact Confirmation Regarding Issues with McMinn County Airport 

Dear Mr. Keyes: 

This letter confirms that our telephone contact took place on 02/22/08 and the fact that we did 

discuss our need to receive a letter fi-om you explaining the nature of the complaint, item-byitem. Any support documentation can be referenced and attached. 

Upon receipt of your letter, we will begin to assist both parties involved with informal dispute 

resolution process in accordance with Federal Aviation Regulation (FAR) Part 13, FAA 

Investigative and Enforcement Procedures (14 CFR Part 13). 

If you have any furtlier questions, you may contact me at (615) 741-1641. 

Sincerely, 

-Ml/ 

Hal Oliphant 

Transportation Planner 3 
Footnote 30 Page 1 

TfflS INSTRUMENT PREPARED BY VANCE L BAKER, JIL, ATTORNEY AT LAW 

ATHENS, TENNESSEE 

LEASE 

This Lease entered into on thel"^ day of January, 2008, by and between MCMINN 

COUNTY, TENNESSEE, hereinafto- referred to as "McMinn County" and William H. Keves , 

hereinafter referred to as "Lessee." 

WITNESSETH: 

WHEREAS, McMinn County owns fecilities known as "T-Hai^er Storage Units", for the 

storage of aiicrafts, at the local McMinn County Airport; and 

WHEREAS, William H. KKytm. desires to lease firom McMinn County one of the T-Hanger 

storage units for the purpose of storing said aircraft; and 

WHEREAS, the parties wish to reduce to writing the terms of their agreement for the use of 

this T-Hanger storage unit. 

NOW, THEREFORE, for and in consideration of the premises set forth herein, and other 

good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the 

parties h««to agree as follows: 

1. That McMinn County agrees to lease to William H. Keves a T-Hanger storage unit 

at the McMinn County Airport 

2. That the leased unit shall be used solely for the storage of an aircraft. 

3. TERM OF LEASE: That the term of this lease shall be for a period of Five (5) 

years. 
Footnote 30 Page 2 

4. RENT: That the rent for this lease shall be ONE HUNDRED SEVENTY-FIVE 

($175.00) DOLLARS per month, payable in advance on a monthly basis, with all mcmttiiy payments 

due on the first day of each month. 

5. DEFAULT: In every instance of defeult, including but not limited to failure to make 

timely payment of rent. Lessee shall bear the cost of McMinn County's reasonable expenses, 

including attorney's fees and other expenses, incurred in any effort to enforce McMinn County's 

rights under this Lease, whether by negotiation, litigation or otherwise. 

6. NONWAIVER OF DEFAULT; The subsequent acceptance of rent hereunder by 

McMinn Coxmty shall not be deemed a waiver of any preceding breach of any obligation hereunder 

by the Lessee other than the failure to pay the particular rental so accepted, and the waiver of any 

breach of any covenant or condition by McMinn County shall not constitute a waiver of any other 

breach, regardless of knowledge thereof 

7. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Lease or any 

interest therein, nor sublet or assign the Leased Premises or any part thereof, or any right or privilege 

appurtenant thereto, nor permit the occupancy or use of any part of the Leased premises by any 

person or entity other than Lessee, its employees and day-to-day guests, without the prior written 

consent of McMinn County, which consent shall not be unreasonably withheld. Under no 

circumstances shall Lessee be allowed to assign or sublet this lease at an amoimt greater than the rent 

set forth herein and at a profit to lessee. 

8. ASSUMPTION OF RISKS: Lessee shall, and does hereby, assume all risks of loss 

or injury to the property or person of all persons authorized by Lessee during the term hereof, and 

Lessee shall, and does hereby agree to, indemnify and save harmless McMinn County for and from 
Footnote 30 Page 3 

any and all claims, demands, suits, judgment costs or expenses on account of any such loss or injury. 

9. MAINTENANCE: McMinn County during the term of this Lease or any extension or 

renewal of this Lease shall, at its expense, make all repairs as shall be reasonably necessary to keep 

the Leased premises in good condition and repair. Lessee agrees that all damage or injury done to 

the Leased Premises by the Lessee or by any person authorized by Lessee, except McMinn County 

and McMinn County's agents and employees, shall be repaired by the Lessee at its expense. Lessee 

agrees, at the expiration of this Lease or upon the earlier termination thereof, to surrender the Leased 

Premises to Lessor in good condition and repair, reasonable wear, and damage by act of God or fire 

excepted. 

10. That McMirm County shall be provided a 30 day written notice before said lease is 

transferred, and all transfers shall be reasonably approved by McMinn County. Any transferor to this 

lease shall be required to sign a new lease agreement with McMinn County for the remainder of the 

original contract. 

11. STORAGE USE; That all parties hereto agree that the use of the T-Hanger storage unh 

described in paragraph 1 above shall be exclusively for the storage of aircraft. Said T-Hangar unit 

shall not be used for the conducting of any other business enterprise other than that of the storage of 

said aircraft. 

12. LEGAL USE: Lessee agrees that it will not use or allow the leased T-Hai^ar unit or any 

part thereof to be used or occupied for any unlawful purpose and will not permit any act to be done 

or any condition to exist on the leased premises that may constitute a nuisance, public or private, or 

that may make void or voidable any insiuance then in force with respect to the leased premises. 

Lessee agrees that it will comply promptiy with all restrictions with all laws and regulations of 
Footnote 30 Page 4 

federal, state, municipal, and aeronautical authorities aj^licable to tiie leased premises and to the 

business conducted thereon. 

Any use of said T-Hangar storage unit or any aircraft stored within said unit for any illegal 

purpose shall be grounds for immediate termination of this lease. 

13. RIGHT OF ENTRY: McMinn County shall have the right to enter the T-Hangar unit at 

any and all reasonable times when the Lessee is present on the premises, or upon reasonable notice to 

lessee for the purpose of inspection of said T-Hangar unit to insure that lessee has complied with all 

provisions of this lease. 

14. That all parties hereto fully acknowledge and understand that the failure to use the T-Hanger 

for the storage of aircraft provides grounds for McMinn County to inwnediately terminate the terms 

of this lease. 

15. Any and all terms ^plicable to this lease are fully applicable to any and all transfers of this 

lease, including but not hmited to the use of the T-hangar soldly f<n' the storage of aircraft. 

16. COMMENCEMENT OF LEASE; The lease set forth herein and all of its obligations 

shall commence on the date of the signing of the lease. 

17. NOTICES; All notices and other communications to be given hereunder by either party 

shall be in writing and shall be delivered personally or mailed by cotitied United States mail, 

postage prepaid, retum receipt requested, to the other (and the date of any notice by certified mail 

shall be deemed to be that date of certification thereoQ delivered or addressed to the parties as 

follows: 

McMinn County: Office of the McMinn County Mayor 

McMinn County Courthouse 

Athens, Tennessee 37303 
Footnote 30 Page 5 

Lessee: Name: William H. Keves 

Address: 121 County Road 569 

Englewood. TN 37329 

Phone No. 423.507.5995 

or at such other address as either party may later designate in writing. 

18. ENTIRE AGREEMENT; The entire agreement between the parties hereto is contained in 

this instrument and it is expressly agreed that no obligations of McMinn County or Lessee shall be 

implied in addition to those herein expressly contained. Any amendment to this Lease must be in 

writing signed by the parties hereto in order to he binding. 

MCMINN 

BY; 
Footnote 31 Page 1 

State of Tennessee March 22.2008 

Department of Transportation 

Aeronautics Division 

P.O. Box 17326 

Nashville, Tennessee 37217 

Attn: Mr. Hal OHphant 

Subject. Alleged Discrimination at the McMinn County Airport 

Dear Mr. Oliphant 

Confirming our conversation of February 22, 2008,1 am requesting the help of the Tennessee 

Aeronautics Division to begin the infomial dispute resolution process as prescribed under 14 CFR 

Part 13. 

During our conversation, you indicated you were in receipt of a copy of ttie e-mail, which I sent to 

Mr. Mike Thompson, Federal Aviatk)n Administration, Airport District Office in Memphis, 

Tennessee earlier this year requesting help on several issues as well as his response, which I 

received, on January 31, 2(X)8. For the purpose of clarification, I will reference much of tfie same 

material in this docunent however, I will t>e rimiting my complaint to those issues/activities, 

directed at me personalty. I will leave it to Mr. Witt and Mr. Farrell to pursue or not to pursue their 

own complaint as ttiey see fit. 

On November 4,2004, McMinn County, identified as the Grantee, received $3,101,500 in Airport 

Improvanent Grant Funds (Federal Block Grant Number 3-47-SBGP-18). Paragraph E.1D. 

Compliance with FAA Regulations required the Grantee to "accomplish the project in compliance 

with the terms and conditions contained in tfie U. S. Department of Transportation Federal 

Aviation Admirvstratkm Terms and Cofiditions ofAcceptmg Airport Improvement Program Grants" 

Under the "Terms and Conditions ofAcceptitrg Airport Improvement Program Grants' the 

"Sponsor is an agency that is legally, finandaliy, and othenvise able to assume and carry out the 

certifk^ations, representations, wanrantles, assurances, covenants and other obligations required 

in this document and in the accepted Grant AgreemenT. In this case McMinn County would t>e 

the Sponsor. 

It is my contention that the Sponsor (McMinn County) has violated: 

Section IV, Assurances, C-Sponsor Certification, Paragr^h 19-Opefatk)n and Maintenance, and 

Section IV, Assurances, C-Sponsor Certification, Paragraph 22-Economk: Nondiscrimination of 

the Tenns and Conditions of Accepting Airport Improvonent Program Grants by consistently 

failing to act or respond to specific issues of discrimination fonnaily t>rought to their attention and 

perpetrated by their airport management. 

• Friday December 9,2005, Mr. Don Martin confronted me inskle the main tenninal and in 

full sight of the airport manager where upon he threatened me with physical hann if °l did 

not get quiet about the airport' A second confrontation took place later that day, again in 

the main terminal txiilding, with Mr Butch Makxie yelling stout the iiee I had allegedly 

been telling ^XMit the airport The 'lies' referred to the line of sight Issue. 

On or about March 20,2006, a conversatk>n took place t>etween Mr Kenny Witt and Mr. 

Charlie Nelson at Mr. Nelsons' request. During this conversation, Mr. Nelson suggested 

to Mr Witt that should he ever want to retum to the McMinn County /\irport "he should get 

quief. He furttier implied that 'others' might be inclined to cause piot>lems for Mr. Witt, 

his students or aircraft Mr. Witt taped this conversalkm and I had the opportunity to hear 

it shortly after it was recorded. This tape was tumed over to the McMinn County District 

Attorney and you may be at>le to procure a copy from the offne of the McMinn County 

District Attorney. 
Footnote 31 Page 2 

Airport management and/or the airport owner should have intervened putting a stop to 

these activities. By failing to act it is my contentkxi that the airport management and 

McMinn County vnlated Section IV, Assurances, C-Sponsor Certifteation, Paragraph 19-

Operation and Maintenance whereby the ainaort sponsor will operate the airoort in a safe 

and serviceable condition 

January 2007 to present, as a part of the airport improvement project undertaken by 

McMinn County, a newer PAPI system replaced the original VASI system. The new visual 

approach system for mnway 02 has now been out of service for well over a year. In 

October 2007,1 went before the County Commission at their regularly scheduled 

meeting, and publicly asked that someone repair the equipment I also pointed out that 

neither the airport owner nor airport manager had ever issued any Notam's for equipment 

which had been out of sen^k% for the last nine months. The County Mayor acknowledged 

that he had been aware of the problem and the Notam was issued the next day. The 

visual approach system for runway 20 failed several months ago as well and despite of 

the fact that the Tennessee Aeronautical Division had provkled additrenai funding to 

repair this equipment, which should have be covered by wananty or peifomiance bond, 

the equipment remains in a state of disrepair 

By failing to act it is my contentk^n that the airport owner, McMinn County, vnlated 

Sectkxi IV, Assurances, C-Sponsor Certification, Paragraph 19-Operation and 

Maintenance whereby "Tfie airport and all facilities, which are necessary to serve the 

aeronautical users of the airport, other than facilities owned or controlled by tfie 'United 

States, sfiall be operated at all tanes in a safe and serviceable condilron and in 

accordance with the mir«mum standards as may be reqinred or prescribed by applicable 

Federal, State and local agencies for maintenance and operation.' 

Further, it is my contentkm tfiat M^ien the airport manager failed to issue the required 

Notam within a reasonal>le time, the sponsor (McMinn County), failed to "have in effect 

arrangements for promptly notifying aimien of any condition affecBng aeronautical use of 

thg airport" 

Thursday July 5, 2007 having been on a hangar waiting list since May 30, 2004,1 was 

intentkmally passed over for a hanger which had become available. The hangar was 

made availat>le to Mr. Steve Dodd who reminded the airport manager that he was on the 

waiting list after me. This issue was brought before ttie McMinn County Airport 

Committee (a part of the County Commission and chaired by County Commission 

Chainnan David Crews) on July 16,2007 who politety listened and promptly took no 

action. I have never received any fomnal response to my complaint Rather than reiterate 

my complaint here I have induded the text of my statement to the Airport Committee 

along with other relevant supporting documentation. 

The airport management should have respected their own long-standing policy for 

awarding hangars. When confronted with the fact that the individual to whom they were 

offering the hangar indicated that he was not he next indivktual on the list, the airport 

management shouM have stopped and corrected their mistake. It is my contention that 

the airport management and McMinn County violated Section IV, Assurances, C-Sponsor 

CertificatkHi, Paragraph 22- Economic Nondiscrimination whereby the airport sponsor 

will make the airport avalat>le as an airport for pidblic use on reasonable tenns and 

without uniust discrimination to all types, kinds and classes of aeronautical activities. 

Including commercial aeronautteal activities offering services to the public at the airport. 

Further McMinn County failed to ensure that 'in any agreement contract, lease or other 

arrangement which a right or privHege at the airport is granted to any person, finn or 

corporation to conduct or engage in aeronautical activity for furnishing sen/ices to the 
Footnote 31 Page 3 

public at the airport tfie sponsor will insert and enforce provisions requiring the contractor 

to fumish sakJ services on a reasonable, and not ur^ustly discriminatory basis, to ^1 

users thereof. 

To keep these issues in context it is important to understand that these actkms are being 

directed specifically at those of us raising the line of slg^t issue created during the original 

Federally Funded 2005 Airport Expansion Project. Mr. Kenny Witt, Mr. Jack Farrell and I were 

very proactive and voceri in our efforts to have the new mnway extenskm made safe or shut down 

and our efforts were not well received by some in our flying community and County Govemment 

With the help of your office, on December 1, 2005, the Tennessee Aeronautical Division sent a 

fax to County Mayor John Gentry stating "We have verified ttiat there is a deviatron from an 

advisory line d( sight criteria on the mnway.* 'The marking of the threshok) need to be performed 

immediately in order to eliminate tfie potential of a line of si^ t related inckJent." TNs action would 

not be implemented until December 8,2005 only after tfie infonnation became public, appearing 

in the loc^ paper and WEIR Channel 10, Knoxville. WBIR also reported that the project manager 

for the Tennessee Department of Transportation *was informed of the possibility of a line of sight 

issue at a preliminary design meeting in January 2004*. 

Minutes obtained from the January 2004 engineering meeting revealed that the line of sight as 

well, as other safety issues, were discussed behiveen ttie State of Tennessee, the engineering 

finn hired by McMinn County (HMB Professkxel Engineers), McMinn County Mayor, John Gentry 

and County Engineer, Robert Beene. 

In a December 14,2005 letter to Mr. Kenny Witt, the Federal Avialk>n Administration confinned 

that they "recommended that the portkm of tfie runway behind the proposed threshokt retocatkin 

be marked as wwxssicAe to mnway or taxiway operations.* The threshold relocation was a 

temporary fix to aHow safe operations to continue at the airport until a suitable sotutkm could be 

determined and implemented. 

On December 16,2005 in a letter to Mr. Kenny Witt your offne responded stating "woridng with 

the airport's consultant verified tf» vaidity of your line of sight concem. We have also 

determined that the completkxi of tfie parallel taxiway will not completely alleviate this problem". 

Continuing, "upon further discussnns with ttie FAA, we have decided to simply recommend the 

temporary closure of tfie new portton of the taxiway until we detemiine the ultimate solution to the 

line of sight problem." 

December 20,2005. The airport manner "Vras contacted by telephone (by the State of 

Tennessee Aeronautk»l Division) and informed that a revision to the maridng plan woukl tie 

developed and that it was this (^vision's recommendatkxi that the parallel taxiway north of the 

connector A-5 be closed in addition to the north 640' of runway" according to an e-mail provided 

by Director Woods on January 13, 2006. 

On January 20, 2006, within minutes after completing a discusskin between himself and County 

Mayor John Gentry concerning the fiaiiure of McMinn County and/or the airport manager to close 

the taxiway and runway in accordance with the second FAA and Tennessee Aeronautk; Diviston 

directives, Mr Witt a Certified Flight Instmctor with tvventy plus years experience, received a call 

from the Airport Manager severing their relattonship and barring Mr. Witt and his students access 

to the training aircraft. 

Even though this was a McMinn County project ttie Slate of Tennessee publicly accepted 

responsibility for ttie line of sight problem on March 23,2006, and proposed a solution to correct 

the mnway. On October 2,2006, the State of Tennessee provided an additional 1.8 million dollars 

to correct the runway. Con^ruction began in the fall of 2006. 
Foohiote 31 Page 4 j 

In October 2006, with the completion of the second construction project, the airport management 

changed to Mr. Taylor Newman and Ms. Kristy Gentry as Athens Air 11.C. Ms. Gentry is McMinn 

County Mayor John Gentry's cousin. 

Approximately six months later Mr. Newman severed his association with Athens Air ttC. There 

was apparently an agiBement t>etween Ms. Gentiy and Mr. Newman, whk:h allowed Ms. Gentry 

to buy out Mr., Newman after six months. This transactton was completed and Mr. Newman is no 

longer connected to the McMinn County Airport or Athens Air LLC. 

On April 10,2007, Mr. Jack Farrell went before the McMinn County Commission to address the 

ongoing efforts to disenfranchise Mr. Witt's participation at the McMinn County Airport and to 

discuss discriminatkin, which had been directed at him. Only days earlier, he had scheduled the 

rental of the Cessna 172 training arcraft owned by Athens Air LLC to complete his bi-annual flight 

review. Despite the eariier commitment, when he arrived at the airport to rent the aircraft access 

to tfie rental aircraft was denied with the reason given tfiat Mr. Wilt would be in the aircraft with 

Mr. Farrell. Mr. Farrell and Mr. Witt left the airport and went their separate ways. Upon returning 

to the airport later that day on personal business, Mr. Fenell was approached and then 

threatened because of his continuing associatton with Mr. Witt. Returning to his truck, he found it 

had been 'keyed' in the airport paridng lot The text of Mr. Fanell's statement is enclosed. Again, 

there has been no response or fdtow-up by the McMinn County Commission with Mr. Farrell 

regarding his complaint 

I continued to associate with Mr. Witt as I pursued additional ratings during this entire time. As 

stipulated eariier, in July 2007, Ms. Gentry, Attiens Air LLC, purposely and knowingly passed me 

over for a hanger, which had tiecome available. Agan, let me be clear that airport manager, Ms. 

Kristy Gentry, rented the hangar to Mr. Dodd despite ttie fact she was informed she was in error. 

The pattem here is dear and consistent those who continued to associate with Mr. Witt found 

themselves on the wrong skle of the awport management Further, ttie McMinn County 

Govemment was unatile or unwilling to address the complaints brought before them on several 

occasions. 

Given: 

1. the propensity of airport management to openly discriminate against any one who dares 

to associate with Mr. Witt, 

2. McMinn County's failure to respond to the complaints of ongoing acts of discrimination 

brought to their attention, 

3. McMinn County's failure to maintain 'the airport and all facilities, which are necessary to 

serve the aeronautk:al users of the airport* "at all times in a safe and senrtoeable 

condition* by alkiwing the visual approach systems to remain in a state of disrepair for 

over a year. And, 

4. McMinn County and the arport management's failure to issue Notam's reporting the 

failure of the visual approach systems for almost nine months, 

I felt I had no other option but to bring this matter to the attention of the Federal AviaAton 

Administration and now ttie State of Tennessee Aeronautical Division as their agent to pursue the 

first step of the dispute resolution process as prescribed under 14 CFR Part 13. 

I believe a suitable resolution to these issues encountered by myself and others at a minimum 

should include the following: 

1. The immediate repair of the visual approach systems. 

2. A clear written understanding between tfie State of Tennessee and McMinn County 

ensuring that any future equipment outages will be repaired within ten (10) woridng days 

with commilment by the State of Tennessee to teke punitive action against McMinn 

County for any failure to comply. 
Footnote 31 Page 5 

3. That McMinn County immediately vacate the contract between McMinn County and 

Athens Air LLC citing, 

a. Discriminatory actions t^e n by Athens Air LLC against users of a federally 

funded airport and 

b. Failure to promptly notity "airmen of any condition affecting aeronautical use of 

the airport* by failing to issue Notams required for safe operation of the airport in 

a timely manner. 

4. McMinn County, using currently estatilished bkkling guidelines, publicly offer tfie contract 

to professkanallv manage the airport to any aid ail parties by accepting sealed t>kJs to be 

opened in public at a time and place appropriate for public partidpiaftion. Shoukl McMinn 

County be unable to select or identify a suitable contractor to manager the airport, then 

McMinn County will directly hire a manager for the airport until a suitable manager can be 

identified and contract issued. 

5. McMinn County will amend tfie cunrent airport contract to indude language, which 

explidtiy requires future airport management to abide by the Grant Assurances required 

by McMinn Counties acceptance of Federal Airport Improvement Grant Funds and outline 

steps to ensure that compliance, up to and induding the tennination of the contract for 

cause. 

6. McMinn County will amend the current airport contract stipulating Rxed Base Operator 

hours of operation, and requiring airport management to be on-site during those hours 

and available to airport users. Mrport managem^t will t>e defined as those indivkiuals 

who manage the airport on a daily basis, are available to address immediate safety 

concerns on-site, have the authorization to issue Notems, make management dedsions 

with regard to the daily operation of the airport and act on tiehatf of the "Sponsor' as 

defined by the Terms and Conditions of Accepting Airport Improvement Program 

Grants', ensuring tfie Sponsors' otHigations are otisenred by the airport management 

and/or their employees. 

7. McMinn County will ensure that any waiting lists or other documentation, which are 

mainteined for ttie purpose of procuring, assigning or making sen/ices available to the 

public, will be mainteined by the county and/or airport manager and publidy posted in a 

suital>iy locked endosure for public dsplay in the airport terminal building. 

In the event McMinn County fails to meet the requirements as outlined, I would expect and 

encourage the Federal Aviation Administration and State of Tennessee to immediately: 

1. Suspend any current funding and projects at McMinn County, 

2. Deny any current or future request(s) to provkled additional funding, and 

3. Require McMinn County to repay ail Grant fiinds previously provkted, where McMinn 

County f£Hled to adhere to the Temis and Conditions of Accepting Airport Improvement 

Fiogram Grants and to which they woukJ no longer be entitied to those funds. 

Mr. Oliphant, within days of our conversation, I received a call from the County Mayor offering me 

a lease for a hangar at the McMinn County airport. I have since acc^ted the offer, which 

resolved my immediato need to provide protection for my aircraft It does ntA however address 

the t>a3ic issues of ongoing discrimination at the fiands of the current airport management nor 

does it address the failure of McMinn County Govemment to hold their Airport Management 

Contractor accountable to the Assurances required by their acceptance of Federal Airport 

Improvement Grant Funds. 
Footnote 31 Page 6 

Your help in bringing these issues to a satisfactory and mutually agreeable resolution is greatly 

appreciated. 

Should you have any questions or need further darification, please feel free to contad me. 

Respectfully, 

William H. Keyes 

End: 

January 9, 2004 - Engineering Meeting Minutes (HMB Professional Engineers) 

December 1,2005 - Fax to County Mayor John Gentry 

December 14,2005 - Letter to Mr. Kenny Witt from Federal Aviation Acfrninistration 

December 16, 2005 - Letter to Mr. Kenny Witt from TDOT Aeronautics Division 

December 19,2005 - Open letter to McMinn County Commission 

December 19,2005 - Open letter to McMinn County Commisston - Mr. Nelson 

April 10,2007 - Statement to the McMinn County Commission by Mr. Fan-ell 

July 16,2007 - Statement to the McMinn County Airport Committee 
Footnote 32 Page 1 

STATE OF TENNESSEE 

DEPARTMENT OF TRANSPORTATION 

AERONAUTICS DIVISION 

P.O. BOX 17326 

NASHVILLE, TENNESSEE 37217 

(615)741-3208 

FAX (615) 741-4959 

GERALD F. NICELY PHIL BREDESEN 

ruMMiSSIONHK (X>VhKW)R 

March 26,2008 

William Keyes 

121 County Road 569 

Englewood, TN 37329 

Subject: Receipt of Complaint Letter dated, 03/22/08 

Dear Mr. Keyes: 

We have received your letter dated March 22,2008, concerning your complaint. The Tennessee 

Department of Transportation, Aeronautics Division, under an agreement witii the Federal 

Aviation Administration (FAA), has agreed to assist parties with informal dispute resolution in 

accordance with Federal Aviation Regulation (FAR) Part 13, FAA Investigative and 

Enforcement Procedures (14 CFR Part 13). 

Your letter of complaint has been forwarded to the McMinn County Mayor, with a copy also 

going to the McMinn County Airport Commission, along with the supporting documentation. In 

our cover letter, we asked that a written response be sent to our office in within approximately 30 

days. We will contact you soon after receiving their response and/ or when we have further 

information on the status of this complaint issue. 

If you have any further questions you can contact me at (615) 741-1641 or Brian Caldwell at 

(615)741-1678. 

Sincerely, 

"^^USLOQ^OOA 

Hal Oliphant 

Transportation Planner 
Footnote 33 Page 1 

State of Tennessee June 25, 2008 

Department of Transportation 

Aeronautics Division 

P.O. Box 17326 

Nashville, Tennessee 37217 

Attn: Mr. Hal Oliphant 

Dear Mr. Oliphant 

I have received your cover letter dated June 9,2008 and the enclosed responses from McMinn 

County Mayor John Gentry. 

While I applaud these initial steps taken by McMinn County upon the suggestion from your office, 

these remedies fall well short of ensuing positive change ai the McMinn County Airport to prevent 

similar inddents from occuning in the future. 

Frankly, I woukl have assumed that any entity accepting millions of dollars of Federal and State 

grant money woukl have, at the very least, discussed and reviewed, in deteil, aU requirements 

and stipulations associated with those funds. If that did not happen in the past, this is a good first 

step to ensure that all those in County Government charged with the dedsion whether or not to 

accept grant funding are property infonned. 

It is also encouraging to learn that the airport committee will be teking up the issue of the 

management of the hangar "waiting list* and that the list will be posted and mainteined in the 

future. 

It is regrettable that Mayor Gentry has characterized this matter as simply "the perceived 

opposition fipom private dtizen pitots". While I disagree with the approach taken by some 

indivkiuals at ttie airport, I applaud those SEone indivMuals who felt strongly enough at>out the 

issue to voice their opinions. I believe most of these individual outbursts were due to the "heat of 

the moment*. While we may agree to disagree, all of the individuals who confronted me have 

behaved professkinally since. 

What I cannot and will not condone is McMinn County Government's teiture to hold their previous 

and current FBO accountable for failing to manage tfie airport and its environment in a manner 

consistent with the Terms and Conditkins of accepting Federal Grant money. The FBO's behavior 

has never been challenged, even though the McMinn County Airport Committee, the McMinn 

County Commission and the McMinn (bounty Mayor were all made aware these activities and 

defidencies numerous times. McMinn County Government's failure to act is a clear violation of 

Paragraph 19 of the Grant Assurances. 

WHh regard to the PAPI, Paragraph 19 of ttie Grant Assurances does not make allowances for 

which equipment will be maintained at the owner's discretion. This equipment was instelled with 

Federal Grant Funds and the FAA and aviation community have every right to expect it to be 

mainteined in a sen\ceab\e state. This is the intent of Paragraph 19. To have the equipment out 

of sen/ice for well over a year and ttien suggest after the tect it was not required because it 

exceeded the "minimum lighting standards* onty iHusb^ates ttie lack of understanding of ttie 

requirements of the Grant Assurances and proper oversight of the airport. It was indeed fortunate 

that I brought the lack of the Notam for the south PAPI to the County Mayor's attention even 

though they were well aware it had failed ten months earlier. While I do appredate the fact that 

the County Mayor had the Notam issued the next day, it was clearty not issued in a timely manner 

by airport management More miportently, McMinn (bounty deariy did not "have in effect 

arrangements for prompUy notitying ainnen of any concfition ^fecting aeronautical use of the 

airport* and apparenfly did not hold ttie airport management accountat>le for there failure to act. 

Failure to issue Notam's has been an ongoing problem and it is importent to point out this was not 

an isolated occurrence. These are dear violations of Paragraph 19 of the Grant Assurances. 
Footnote 33 Page 2 

Through ignoraiu» or apathy, McMinn County Govemment has failed in its responsibility to 

provide proper oversight of the airport and its contactors as required by the Grant Assurances. 

Maybe this is what the County Mayor is referring to as "sanctioned government discrimination''. 

It would be helpful if McMinn (bounty spent less time trying to explain away these issues and 

accept their role in them, unwitting or not 

My goal, which I believe is the same as the State of Tennessee and the Federal Aviation 

Administration, is to ensure a safe, effective and functional airport for use by all in our community. 

The Grant Assurances r^>resent the cornerstone of what the Federal Gcwemment t>elieve are the 

minimum accepteble requirements to achieve this goal. It is incumt>ent upon all of us to ensure 

these requirements are not only understood by those accepting Federal Grants, but are also 

enforced. It is imperative that McMinn County now institute sound airport policies as well as 

updated airport contract language ensuring each party understends their roles and responsibility. 

Policy should demand adherence to these provisions and layout enforcement adion if failure to 

adhere to these requirements shoukl occur. 

It is imperative that these past activities and actions, cannot and will not, be repeated in the 

future. 

Given the tenor of the (bounty Mayor's response, it seems doubtful he will be willing to enter into 

substantive discussions to bring this matter to a mutuatty satisfadory resolution with out help. 

Please be informed that this matter is not resoh/ed and that I resewe the right to move this 

complaint to the fornial Part 16 process. 

If further dialog would be appropriate, I would be willing to wori( with and/or to meet with you and 

County Mayor Gentry in either McMinn County or at your offices in Nashville in an effort to bring 

this matter to final resolutton. 

However should you determine that further dialog woukl be infective or inappropriate, I would 

appreciate Mr. Caklwell or yourself advising how to move this issue to tfie next level. 

Your efforts in this matter are greatiy appreciated. 

Respectfulty, 

William H. Keyes 

Cc: Mr. Mike Thompson, Memphis ADO 
Footnote 33a Page 1 

July 14,2008 

Department of Transportation 

Aeronautics Division 

P.O. Box 17326 

Nashville, Tennessee 37217 

Attention Mr. 'r\a\ Oliphant 

nesr Mr. Oliptiant 

Tliis letter confirms our phone conversation of July 2, 2008. 

As discussed, the meeting, which had been scheduled between McMinn County Mayor John 

Gentry and me earlier that afternoon, had just concluded. Also in attendance at this meeting was 

Mr. David Crews who serves as County Commission Chairman as well as the Airport Committee 

Chairman. 

While our discussion lasted nearly two hours, we were unable to come to final resolution on the 

issues befoie us. 

Mr. Gentry specifically asked what it would take to bring this matter to resolution My res.oonse 

was the implementation of the recommendations made in my original March 16, 2008 letter lo 

your office. 

For convenience, 1 have included those recommendations below: 

"I believe a suitable resolution to these issues encountered by myself and others, at a minimum, 

should include the following; 

1. The immediate repair of the visual approach systems. 

2. A clear written understanding between the State of Tennessee and McMinn County 

ensuring that any future equipment outages will be repaired within ten (10) working days 

with commitment by the State of Tennessee to take punitive action against McMinn 

County for any failure to comply. 

3. That McMinn County immediately vacate the contract between McMinn County and 

Athens Air LLC citing, 

a Discriminatory actions taken by Athens Air LLC against users of a federally 

funded airport and 

b. Failure to promptly notify "airmen of any condition affecting aeronautical use of 

the airport" by failing to issue Notams required for safe operation of the airport in 

a timely manner. 

4. McMinn County, using currently established bidding guidelines, publicly offer the contract 

to professionally manage the airport to any and all parties by accepting sealed bids to be 

opened in public at a time and place appropriate for public participation. Should McMinn 

County be unable to select or identify a suitable contractor to manager the airport, then 

McMinn County will directly hire a manager for the airport until a suitable manager can be 

identified and cx)ntract issued. 

5. McMinn County will amend the current airport contract to include language, which 

explicitly requires future airport management to abide by the Grant Assurances required 

by McMinn Counties acceptance of Federal Airport Improvement Grant Funds and outline 

steps to ensure that compliance, up to and including the termination of the contract for 

cause. 
Footnote 33a Page 2 

6. McMinn County wilt amend the current airport contract stipulating Fixed Base Operator 

hours of operation, and requiring airport management to be on-site during those hours 

and available to airport users. Airport management will be defined as those individuals 

who manage the airport on a daily basis, are available to address immediate safety 

concerns on-site, have the authorization to issue Notams. make management decisions 

with regard to the daily operation of the airport and act on behalf of the "Sponsor" as 

defined by the "Terms and Conditions of Accepting Airport Improvement Program 

Grants", ensuring the Sponsors' obligations are observed by the airport management 

and/or their employees. 

7 McMinn County will ensure that any waiting lists or other documentation, which are 

maintained for the purpose of procuring, assigning or making services available lo the 

public, will be maintained by the county and/or airport manager and publicly posted in a 

suitably locked enclosure for public display in the airport terminal building." 

Of these, Item 1 has been completed. I would assume given the extended outage of PAPI, that 

the slate of Tennessee and McMinn County have come to some type of working arrangement 

which would resolve Item 2. With regard to Item 7, McMinn County has agreed to properly 

manage the hangar v^aiting list and that said list will be posted in the future. Upon execution of 

this commitment, Item 7 will be complete. 

With fegsrd to Item 3,' agreed in our meeting that given the Airport contract is up for renewal in 

late October or early November of this year, it would make no sense to vacate the current 

contract due to the short amount of time remaining and with the understanding any new contract 

would be amended, addressing the recommendations noted above. Therefore, if we are able lo 

come to agreement on the remaining items between now and the first of September, Item 3 will 

be resolved. 

The remaining items are those, which are a cause of consternation for McMinn County. 

1 was very adamant in our meeting that substantive change needed to take place with regard to 

how the McMinn County Airport is managed and the contract language used to hold future airport 

management accountable. To that end, I feel very strongly that the remaining items listed above 

he implemented. 

There also seems to be major consternation, on the part of McMinn County, at the suggestion 

that the FBO contract be put out for public bid. I was repeatedly informed that "service" contrscl.s 

were not bid by McMinn County. However, since our conversation 1 have learned that until just a 

few years ago, the airport contract for McMinn County had been placed out for public bid. 

During our meeting, it was suggested that my motive for requiring these changes was to deny 

County Mayor John Gentry's cousin, the Airport contract. Ms. Gentry is the current acting FBO at 

the McMinn County Airport. "iA/hen the airport contract is bid in accordance with item 4 above, 

and if Athens Air LLC (Ms. Gentry) were the successful bidder, I would have no more problem 

wilh the contract being awarded lo Ms. Gentry and Athens .Air LLC as ! would any other 

successful bidder. 

I firmly believe adoption and execution of the recommendations, as noted above, for the awarding 

and management of the McMinn County Airport would ensure that the activities, which prompted 

this complaint, would be prevented from occurring in the future. 

County Mayor Gentry has agreed to take under advisement consideration of the above changes. 

However, he will be looking to the Department of Aeronautics for advice and information 

regarding possible changes to the contractual language used by McMinn County for securing the 

FBO contract. It is my understanding that Mr. Gentry, along with other mem.bers responsible for 

management of the Airport, wilt be attending an Airport conference in Nashville in August 
IFootnote 33a Page 3 

Mr. Gentry has requested, and I have agreed to suspend further action on this complaint until the 

first of September which will allow Mr. Gentry and his delegation the opportunity to solicit input 

from the Tennessee Aeronautical Commission as well as other members attending the 

conference in August. 

Therefore, as agreed, I will be delaying further action on this complaint until the beginning of 

September. 

It is hoped that wilh your input Mr. Gentry and McMinn County will agree to implement the 

changes requested. 

If we are unable to come lo an agreement by the beginning of September, t will at that time, 

officially request that this complaint be escalated to a fonna! part 16 action. 

The efforts of the Tennessee Aeronautical Division and of yourself are greatly appreciated in 

trying to resolve this matter. 

Respectfu'ly 

William H. Keves 
Footnote 34 

STATE OF TENNESSEE 

DEPARTMENT OF TRANSPORTATION 

AERONAUTICS DIVISION 

P.O. BOX 17326 

NASHVILLE, TENNESSEE 37217 

(615)741-3208 

FAX (615) 741-4959 

GERALD F. NICELY 

(OMMIS.SHmHK 

PHn. BRKDESBN 

r^VHRNOR 

July 24, 2008 

William Keyes 

121 County Road 569 

Englewood, TN 37329 

Subject: Status of the Informal Dispute Resolution Concerning Your Complaint Letter 

dated, 03/22/08 

Complaint in brief: Alleges that the McMiim County is in violation of Section IV, C-Sponsor 

Certification, paragraphs 19 & 22 of the Federal Grant Assurances. 

Dear Mr. Kcycs: 

Yesterday, July 23,2008, Mayor Gentry called our office to let us know where he thought we 

stood now regarding the Subject complaint. He was greatly encouraged by the fact tliat it appears 

you are narrowing down the issues basically to the need for a more professional approach to 

managerial oversight and a more comprehensive airport management agreement with the FBO. 

Given that you have agreed to continue to monitor the progress of the Airport Committee and to 

revisit the issue in September, we trust that you and/ or Mayor Gentry will keep this office 

informed of any progress concerning this specific complaint issue. Please understand that 

developing a set of rules and regulations and minimum standards that best fits the McMinn 

County Airport specifically will take some time. In the meantime, we will take no fiirther 

informal actions and consider this complaint issue "in-active". Then, if we hear nothing further 

from you by the end of January 2009, we will consider this complaint issued resolved and close 

the file. 

Sincerely, 

.?4^<. (X^d^A 

Harold G. Oliphant, Jr. 

Transportation Planner 3 

Cc: Mayor John M. Gentry, McMinn County 

David Crews, Chairman 

Mike Thompson, FAA-MEM-ADO 
Footnote 35 Page 1 

September 16, 2008 

State ot Tennessee 

Department of Transportation 

Aeronautics Division 

P.O. Box 17326 

Nashville, Tennessee 37217 

Attention Mr. Hal Oliphant 

Dear Mr. Oliphant, 

This letter confirms our conversation of Monday, September 15, 2008. 

As we had previously discussed, during my meeting with County Mayor John Gentry on July 2, 

2008, he requested that I suspend further action on this complaint until September 1, 2008. This 

allowed him the opportunity to solicit input from the Tennessee Aeronautical Comimission at the 

airport conference in August taking into consideration the recommendations that I put forth in my 

March 22, 2008 correspondence. 

Having received no response, by the end of the first week of September, the enclosed letter was 

hand delivered to the County Mayor's office on Monday, September 8, 2008. 

,As we discussed, I failed to receive a reply from the County Mayor, as requested, by the end of 

Friday, September 12, 2008, which prompted my message to you later that afternoon and our 

subsequent foliow-up phone conversation yesterday, September 15, 2008. 

To dale, McMinn County has not taken any substantive steps, which would prevent the activities, 

which prompted this complaint. Adoption and execution of the recommendations, as discussed in 

the March 22, 2008 correspondence, for awarding the FBO contract and management of the 

McMinn County Airport would ensure these activities would be prevented from occurring in the 

• valu i \^ . 

With the passing of the September 1 deadline and McMinn County having failed to implement the 

requested changes in a timely manner, nor having committed to a date for future implementation, 

I am officially requesting that your office discontinue the informal Part 13 Process. 

As stipulated in my July 14, 2008 correspondence, I will now escalate this matter to a formal part 

16 action. 

In addition, 1 am requesting that the Tennessee Aeronautical Division immediately suspend all 

currently open or active grant funding expenditures until this matter is resolved. 

Eartierthis year, the Tennessee Aeronautical Division awarded McMinn County approximately 

1.9 million dollars in new grant funding while in receipt of my complaint, which clearly documents 

violations by McMinn County with regard to the U. S. Department of Transportation Federal 

.Aviation Administration Terms and Conditions of Accepting Airport Improvement Program Grants. 

By failing to meet the obligations to which McMinn County agreed when accepting the original 

airport expansion funding (3-4 million dollars), it would seem McMinn County would not be 

entitled to those original funds, let alone the additional $1.9 million now being spent 

This same request will be included in my initial filing for the Part 18 hearing with the Federal 

Aviation Administration. 

XA/hile it is fegrettable we were unsuccessful in resolving this issue at the informal level, it was not 

because of a lack of Interest or effort on the part of the Tennessee Aeronautical Division or 

yourself Mr. Oliphant, I would like to thank you and the staff of the Tennessee Aeronautical 
Footnote 35 Page 2 

Division for your efforts on my behalf and all who use the McMinn County Airport. Your efforts 

and those of the Tennessee Aeronautical Division are greatly appreciated. 

Respectfully 

William H. Keyes 

Cc: John Gentry, McMinn County Mayor 

McMinn County Courthouse 

6 East ft/ladjson Ave 

Athens, TN 37303 
iN-i^mnoer tiesuiis r ajj c » VI / 

Footnote 36 

FAA Registry 

N-Number Inquiry Results 

N129S is Assigned 

Aircraft Description 

Serial Number 

MAnnfacturer Name 

Medel 

Type Aircraft 

Pending Number 

Change 

Date Change Authorized 

MFRYear 

Name 

Street 

City 

County 

Cowitry 

17263118 

CESSNA 

172M 

Fixed Wing SingleEngine 

None 

None 

1974 

AiHJbNSAIRLLC 

195 COUNTY ROAD 552 

ATHENS 

MCMDNfN 

UNITED STATES 

Registered 

State 

Type Registration 

Certificate Issue 

Date 

Status 

Type Engine 

Dealer 

Mode S Code 

Fractional Owner 

Owner 

Corporation 

02/21/2008 

Valid 

4 Cycle 

No 

50073261 

NO 

TENNESSEE Zip Code 37303-6416 

Airworthiness 

Engine Manufacturer LYCOMING Classification Standard 

Engine Model 0-320 SERIES Category Normal 

AAV Date 04/03/1974 

TTiis is the most current Airworthiness Certificate data, however, it may not reflect the current aircraft 

configuration. For that information, see the aircraft record. A copy can be obtained at 

Ht^.7/162.58.35.241/e.gav/bBD/airrecQrdsND.asp 

http;//regtstry.faa.gov/aircraftinquiry/NNumSQL.asp?N'Nutnbertxt=129S 2/16/200' 
Footnote 37 

Contact Information: 

Mr. Kenny Witt 

1 i 6 Abemathy Road 

Madisomalle, Tennessee 37354 
Footnote 38 Page 1 

Airports Division, FAA Southern Region 

March 29, 2005 

Terms and Conditions of Accepting Airport Improvement 

Program Grants 

This document contains tfie ternis and conditions of accepting Airport Improvement Program (AIP) grants 

from the Federal Aviation Administration (FAA) for the purpose of carrying out ttie provisions of Title 49, 

United States CkxJe. These terms and conditions become applicable when the sponsor accepts a Grant 

Offer from the FAA that references this document. The FAA may unilaterally amend the terms and 

conditions by notification in writing, and such amendment will only apply to grants accepted after 

notification. 

I. OERNITIONS 

A. Sponsor - An agency that is legally, financially, and otherwise able to assunne and carry out the 

certifications, representations, warranties, assurances, covenants and other obligations required 

in this document and in the accepted Grant Agreement. 

B. F^ject - Woik as identified in the Grant Agreement. 

C. Primary Airport - a commercial service airport the Secretary of Transportation determines to 

have more than 10.000 passenger boardings each year. 

II. CERTIFICATIONS 

Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the 

sponsor that it will comply with statutory and administrative requirements in carrying out a project under 

the AIP. The following list of certified items includes major requirements for this aspect of project 

implementation. However, the list is not compretiensive, nor does it relieve sponsors firom fully complying 

with all applicatiie statutory and administrative standards. In accepting a grant, the Sponsor certifies that 

each of tfie following items was or will be complied with in the performance of grant agreements. If a 

certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the 

project application. 

A. Sponsor Certification for Selection of Consultants 

General standards for selection of consultant services within Federal grant programs are descrit^ed 

in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualificationsbased procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory 

Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant 

Projects. 

1. Solicitations will be made to ensure fair and open competition from a wide area of interest. 

2. For any and all contracts over $25,000, consultants will be selected using competitive 

procedures based on qualifications, experience, and disadvantaged business enterprise 

requirements with the fee determined ttirough negotiation. 

3. An independent cost analysis will be performed, and a record of negotiations will be 

prepared reflecting the considerations involved in the establishment of fees for all 

engineering contracts with basic service fees exceeding $100,000. 
Footnote 38 Page 2 

Terms and Conditions of Accepting Airport Improvement Program Grants Marcti 29, 2005 

4. If engineering or other services are to be performed b/ sponsor force account personnel, 

prior approval was (will be) obtained from ttie FAA 

5. The consultant services contracts will deariy establish (will estat)lish) the scope of work 

and delineate the division of responsibilities between all parties engaged in carrying out 

elements of the project. 

6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and 

separated from eligit)le items in solicitations, contracts and related project documents. 

7. fii\ mandatory contract provisions for grant-assisted contracts have been (will be) included 

in all consultant services contracts. 

8. If any contract is awarded without competition, pre-award review and approval will be 

obtained from FAA 

9. Cost-plus-percentage-of-cost methods of contracting prohit>ited under Federal standards 

were not (will not be) used. 

10. If sen/ices being procured cover more than a single grant project the scope of wort< will be 

specificalty described in the advertisement, and future work will not be initiated beyond 

five years. 

B. Sponsor Certification for Project Plans and Specifications 

General AIP standards are described in Advisory Circulars 150^100-6,150/5100-15, and 150/5100-

16. A list of current advisory circulars with specific standards for design or constmction of airpori:s 

and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 

34 

1. All plans and specifications will be developed in accordance with all current applk;abte 

Federal standards and requirements, or state standard specifications developed under a 

federal grant, and no deviation from or nrxxllfication to standards set fortii in tiie advisory 

circulars will be allowed witfiout prior approval of the FAA. 

2. All equipnnent specifications will rely on the national standards as contained in the Advisory 

Circulars, without deviations, to the maximum extent possitsle. Specifications for ttie 

procurement of equipment for wNch there is no Federal specificatbn or standard will be 

neittier proprietary nor written to restrict conpetitwn. If there is no national standard, or if 

the national standard provkJes for a ctwice to tje made, at least two rrtanufeicturers will 

assure ttiat they can meet the specifk»tion. A deviation from the natnnal standard will 

require FAA approval of the design standard modification. 

3. All development to be included in any plans is depk:ted on an airport layout plan approved 

by FAA. 

4. All developmert which is ineligit>le for AIP funding will eittier be omitted from the plans and 

speclficattons or costs associated with ineligible or AIP non-participating items will be 

separated and noted as non-AlP work and deducted from AIP project reimbursement 

requests. 

5. Process control and acceptance tests required for any and all projects by standards 

contained in Advisory Circular 150/5370-10 will t>e included in ttie project specificatk>ns. 
Footnote 38 Page 3 

Terms and Conditions of Accepting /Mrport Improvement Program Grants Mardh 29, 2005 

6. If a value engineering clause is incorporated into any contract, concurrence will t>e 

obtained from F/\A. 

7. M\ plans and specifk:atbns will incorporate applicable requirements and recommendatk>ns 

set forth in the Federally-approved environmental finding. 

8. For all construction activities within or near aircraft operatbnal areas, the applicatiie 

requirements contained in Advisory Circular 150/5370-2 will t>e discussed witii FAA and 

incorporated into the specifications. A safety/phasing plan will be prepared, and prior FAA 

concurrence will be obtained. 

9. All projects will be physically completed without Federal participation in costs that are due 

to errors or omissions in the plans and specifications that were foreseeable at the time of 

project design. 

10. All Airport Layout Plan {ALP) revisions and proposals for facility construction clearance will 

include coordinates tfiat are either surveyed or based on reference coordinates previously 

found acceptat^le to FAA The coordinates will be verified and found consistent with ttie 

dimensions shown on the project sketch/ALP. The coordinates will be in terms of the North 

American Datiffn of 1983. 

11. All site elevations on Airport Layout Ran (/VLP) reviskins and proposals for consb'uction 

clearance will be within +/-0.1 foot vertically and ttie vertical datum will be in terms of the 

National Geodetic Vertical Datum of 1929. 

C. Sponsor Certification for Equipment/Construction Contracts 

Standards for advertising and awarding equipment and construction contracts within Federal grant 

programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures 

reflecting State and local laws or regulations provided procurements confonn to specific standards in 

49 CFR 18 and /Wvisory Circulars 150/5100-6,150/5100-15, and 150-5100-16. 

1. A code or standard of conduct will be in effect governing ttie performance of the sponsor's 

officers, employees, or agents in soliciting and awarding procurement contracts. 

2. Qualified personnel will be engaged to perform contract administration, engineering 

supervision, and construction inspection and testing on all projects 

3. All procurement vnll be publbly advertised using tiie competitive sealed bid method of 

procurement If procurement is less than $100,000, the sponsor may use the three (3)-

quote method for the project. 

4. All requests for bids will deariy and accurately descritie all administrative and other 

requirements of the equipment and/or sen/ices to be provided. 

5. Concurrence will be obtained from FAA prior to contract award under any of the 

circumstances: 

a. Only one qualified person/firm submits a responsive bid 

b. The corrtract is to be awarded to other than the lowest responsive and responsible 

bidder, 

c. Life cycle costing is a factor in selecting the lowest responsive bidder, 
Footnote 39 Page 1 

plans, ^ecifications, and schedules shall also be subject to approval of the Secretary, and 

incorporated into the grant agreement. 

17. Construction Inspection and ApprovaL It will provide and maintain competent technical 

supervision at the construction site throughout the project lo assure that the woric conforms 

to the plans, specifications, and schedules approved by the Secretary for the project It shall 

subject the construction work on any project contained in an approved project application to 

inflection and approval by the Secretary and such work shall be in accordance with 

regulations and procedures prescribed by the Secretary. Such regulations and procedures 

shall require such cost and progress reporting by the sponsor or sponsors of such project as 

the Secretary shall deem necessary. 

18. nannii^ Projects. In carrying out planning projects: 

a. It will execute the project in accordance with the approved program 

narrative contained in the project application or with the modifications 

similarly approved. 

b. It will fiimish the Secretary with such periodic reports as required 

pertaining to the planning project and planning work activities. 

c. It will include in all published material prepared in connection with the 

planning project a notice that the mater^ was prepared under a grant 

provided by the United States. 

d. It will make such material available for examination by the public, and 

^ee s that no material prepared with funds under this project shall be 

subject to copyright in tfie United States or any other country. 

e. It will give the Secretary unrestricted authority to publish, disclose, 

distribute, and otherwise use any of the material prepared in connection 

with this grant. 

f. It will grant the Secretary the right to disapprove the sponsor's employment 

of specific cotuultants and their subcontractors to do all or any part of tfiis 

project as well as the right to disapprove the proposed scope and cost of 

professional senrices. 

g. It will grant the Secretary the right to disapprove the use of the sponsor's 

employees to do all or any part of the jx'oject 

h. It understands and agrees that the Secretary's approval of this project grant 

or the Secretar/s approval of any planning material developed as part of 

this grant does not constitute or imply any assurance or commitment on the 

part of the SeCTetaiy to approve any pending or future application for a 

Federal airport grant 

19. Operation and Maintenance. 

a. The airport and all facilities which are necessary to serve the aeronautical 

users of the aiiport, other than facilities owned or controlled by the United 

States, shall be operated at all times in a safe and serviceable condition and 

in accordance with the minimum standards as may be required or 

prescribed by applicable Federal, state and bcal agencies for maintenance 

and operatioa It will not cause or permit any activity or action tfiereon 

which would interfere witfi its use for aiipoit purposes. It will suitably 

Airport Assurances (3/2005) 
Footnote 39 Page 2 

8 

operate and maintain the airport and all facilities thereon or connected 

therewith, witfi due regard to climatic and flood conditions. Any proposal 

to temporarily close the airport for non-aeronautical purposes must first be 

approved by the Secretary. 

In fimheranoe of this assurance, tfie sponsor will have in effect 

arrangements for-

(1) Operating the airports aeronautical facilities whenever 

required; 

(2) Promptly marking and lightii^ hazards resulting from aiiport 

conditions, inctw^ ^ temporary conditions; and 

(3) Promptly notifying airmen of any condition affecting 

aeronautKal use of the aiiport. 

Nothir^ contained hnein shall be construed to require that the airport be 

operated for aeronautical use during temporary periods when snow, flood 

or other climatic conditions interfere witfi such operation and maintenance. 

Further, notfiing herein diall be constnied as requiring the maintenance, 

repiair, lestaration, or rqjlacement of any structure or facility which is 

substantially damaged or destroyed due to an act of God or otha* condition 

or circumstance I>^OIM1 tfie control of the sponso-. 

b. It will suitably operate and maintain noise compatibility program items 

that it owns or craitrols iqxHi which Federal fiinds have been expended. 

20. Hazard Removal and Mitigation. It will take appropriate action to assure that such 

teiminal airspace as is required to protect instrument and visual operations to the airport 

(including established minimum flight altitudes) will be adequately cleared and protected by 

removing lowering, relocating, maddng, or lighting or otherwise mitigating existing airport 

hazards and by preventing the establishment or creation of future airport hazards. 

21. Compatible Land Use. It will take appropriate action, to the extrait reasonable, inchidii^ 

the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate 

vicinity of the airport to activities and purposes compatible with normal aiipoit operations, 

inclu(Ung landing and takeoff of aircraft. In additi(»i, if the project is for noise compatibility 

program implementatini, it will not cause or permit any change in land use, within its 

jurisdiction, tfiat will reduce its compatibility, with respect to the airport, of tfie noise 

compatibility program measures upon which Federal funds have beai expended. 

22. Economic Nondiacrimination. 

a. It will make the airport available as an aiiport teat public use on reasonable 

tenns and witfxxit unjust disoiminatiai to all types, kinds and classes of 

aeronautical activities, including commercial aeronautical activities 

ofifeiing services to tfie pubUc at the aiiport 

b. In any agreement, contract, lease, or other arrangement under which a right 

or privilege at the aiiport is granted to any person, flim, OT corporation to 

conduct or to engage in any aeronautical activity for furnishing s^vices to 

the public at the aiiport, the sponscv will ins ^ and enforce provisions 

requiring the contractor to-

(1) fiimish said services on a reasonable, and not unjustfy discriminatory, 

basis to all users thereof, and 

(2) diaige reasonable, ai ^ not unjustfy discriminatoiy, prkes for each 

unit or service, provided tfnt the contractor may be allowed to make 

reasonable and nondiscriminatory discounts, rebates, or other similar 

types of price reductions to volume purchases. 

Airport Assurances (3/2005) 
Footnote 39 Page 3 

c. Each fixed-based operator at the airport shall be subject to the same rates, 

fees, rentals, and otfier charges as are uniformly applicable to all other 

fixed-based operators making the same or similar uses of such airport and 

utilizing the same or similar facilities. 

d. Each air carrier using such airport shall have the right to service itself or to 

use any fixed-based ojpaatoi tfiat is autfiorized or permitted by the airport 

to serve any air carrier at such airport. 

e. Each air carrier using such airport (whether as a tenant, non tenant, or 

sutjtenant of anotfio' air carrier tenant) shall be subject to such 

nondiscriminatoiy and substantially comparable rules, regulations, 

conditions, rates, fees, rentals, and other charges with respect to facilities 

directly and substantially related to providing air transportation as are 

applicable to all such air carriers which make similar use of such aiiport 

and utilize similar &ciliti«, subject to reasonable classifications such as 

tenants or non tenants and signatory carriers and non signatory carriers. 

Classification or status as tenant or signatory shall not be unreasonably 

withheld by any aiiport provided an air carrier assumes obligations 

substantially similar to those already imposed cm air cairiers in such 

classificatian or status. 

f It will not exercise or grant any right (x privilege which operates to prevent 

any person, finn, or coiporation operating aircraft on the airport from 

perfoiming any services CHI its own aircraft with its own onployees 

[including, but not limited to maintenance, repair, and fueling] that it may 

choose to perform. 

g. In the event the sponsor itself exercises any of the rigihts and privileges 

referred to in this assurance, the services involved will be provided on the 

same conditions as would apply to the fumishi]^ of such services by 

ccHnmercial aeronautkal service providers authorized by the sponsor under 

these provisions. 

h. The spcmsor may establish such reasonable, and not ut^ustfy 

discriminatory, conditions to be met by all users of tfie airport as may be 

necessary for the safe and efficient operation of the airport 

i. The sponsor may proliibit or hmit any given type, kind or class of 

aercmautical use of the aiipcHt if such action is necessary for the safe 

operation of the aiiport or necessaiy to save the civil aviatbn needs of the 

public. 

23. Exclusive Rights. It will permit no exclusive right for the use of the aiiport by any person 

providing, or intending to provide, aeronautical services to the public. For purposes of this 

por^rai ^ the providing of the services at an airport by a single fixed-based operator shall 

not be ccHistnud as an exclusive right if both of the following apply: 

a. It would be unreascHiably costly, burdensome, or impractical for more than one 

Hxed-based operator to provkle such services, and 

b. If allowing more than oiu fixed-based operator to provide such services would 

require the reduction of ^lace leased pursuant to an existing agreement 

between such siiigle fixed-based operator and such aiiport. 

It further agrees that it will not, either directly or indirectly, grant or permit any person, Cma, 

or corporation, the exclusive right at the aiiport to conduct any aeronautical activities, 

including, but not limited to diarter flights, pilot training, aircraft reital and sightseeing, 

aerial }^otogr^hy, crop dusting, aerial advertising and surveying, air earner operations. 

Airport Assurances (3/2005) 
Footnote 40 Page 1 

Notes from July 11 Meeting between Mr. John Gentry, Ms. Kristy Gentry and Bill Keyes. 

When confronted about the list; 

Ms, Gentry - "So I had no, 1 had noting, nothing, so as people, (pause) basically the first 

few people on the list are the people that nagged the most. And you have never once 

come to me and asked for a T hanger" 

Keyes - to which I responded, 'Tour right I haven't spoken with you directly about the THangers but I assume still, that Mr. Nev^/man is a part of Athens Air LLC and if I go back, 

the first week in November I went over to the airport met with Jack (Ferrell) and that's the 

first time I met Taylor Newman and in that conversation we talked about the hangere. 

Told him ! was looking for one, I didn't talk with you, you may have been in the building 

but we didn't speak, but I did speak with Taylor. I spoke with him again on February 26. 

Keyes -"Let me tell you where 1 am in this, when all is said and done Kristy. What's got 

me upset about this and the reason I am taking a very firm stand on it, was when you 

approached Steve Dodd, Steve Dodd knew when ! was on the list, because he bought 

his aircraft after I did. Ho and I were flying together, we work together, he worked for me, 

we had ongoing conversations about the airport, we had ongoing conversations about the 

fact of what he was going to buy (referring to types of aircratt), so when he tells me that 

when you offer him the hanger on Thursday and he tells you that, well you know Kristy ! 

know for a fact Bill Keyes was on the list ahead of me, that causes me a great deal of 

heartburn and it isn't right. I mean I want to be honest with you, if you had said, oh Steve 

wait a minute let me call Bill, I probably at that point would have said, well if its for Steve, 

fins just put me on there as the next person on the list, but that isn't what happened." 

Keyes - "And my position at this point is that I should have at least been offered the 

hanger, it didn't happen, and now my position is you need to find roe one." 

After this exchange I was asked to leave the room so that Mr. Gentry and Ms. Gentry could speak 

privately. 

Ms. Gentry -"! don't know if we can tell you anything today that will make you happy, I 

wished I could, there's thirty T-hangei-s out there and there full. The next T Hanger thst 

becomes available, because you are the county resident on the list, is yours." 

Upon referring to the to the problems encountered at the airport to date 

Keyes - "But my point is that he (referring to Mr. Gentry) and I have suffered through this 

last go around, he knows what I been through, I've been threatened, my aircraft has been 

threatened". 

Ms. Gentiy - "1 don't care about that" 

Keyes -"Well you need to care" 

Ms. Gentry - "Nobody out there would ever do anything to harm you or your uirplonc. I 

can tell you and you can write that down you can tape it, you can do whatever you want 

with it" 

? 

Mr. Gentry - "1 you have been threatened you let me knowMs Gentry -Nobody on my v^atch is going is going to start pulling tricks like that. Nobody 

is going to hurt and airplane on my airport. 
Footnote 40 Page 2 

Mr. Gentry - There better not be threats out there to equipment, you let me know" 

Keyes - "This one of the reasons I've been so passionate about this. I've been at risk for 

a while. 1 thought until just recently, I thought this crap had calmed down. 

Ms. Gentry - "What has happened to you recently, you keep saying that? 

Keyes - "We already all know the issues which happened with Jack Ferrell" 

Ms Gentry -" ' don't the issues that happened with Jack FerreH" 

Keyes - "He went to the county commission with a letter, it's the same stuff we talked 

about that evening. 

Mr Gentry - "Something has happened since then?" 

Ms. Gentry - "What was the issue? Why don't I know what's going on at my airport?" 

Mr. Gentry - "That's when I called you, you were gone. I called you that Jack came. 

Keyes - "Let me suggest this on that, Jack is still very upset. 

Ms. Gentry - "Jack has never come to me guys." 

Keyes - "What I'm going lo suggest, if you want to do it, my recommendation to you, call 

Jack. 

Ms. Gentr>^- "I not going lo do It. 

Keyes - "Oh" 

Ms Gentry - "1 don't have an issue with Jack. Why would I call and ask. If 1 did that i 

would be on the phone all day, do you have an issue with me, no, OK thanks. 

Keyes ~ "I'm just telling you there a issue there" 

Ms. Gentry - "Then Jack can call me". 

Keyes - "Let's don't get off track here" 

Keyes - "My expectations at the close of this meeting, was somehow we all come to 

agreement that we were going to find a way that I ended up with s hangor. I csn't force 

you to do it, I understand there all rented." 

Mr. Gentry - "Well we may have some come up; 1 thought we agreed that we would 

move you up to the very next spot." 

Ms. Gentry - "The fact is, there is the possibility for three T-hangers to become available 

and you'll be next. That's all we can do for you today Bill."