John M. Gentry 

County Mayor 

Off Las. ofi L (2ounhj ^cujo z 

6 East Madison Avenue 

Athens, Tennessee 37303 Phone 

(423) 745-7634 

(smw 

.J^S 

PART 16 DOCKETS 

February 9, 2009 

FAA: Office of the Chief Counsel 

Attention: Part 16 Airport Proceedings Docket (AGC-610) 

Room 925 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, D.C., 20591 

Re: Docket No. 16-08-12 

Dear Mr. Cross, 

Thank you for the opportunity to provide an answer to Mr. Bill Keyes' complaint of an 

alleged 14 CFR Part 16 violation filed in December 2008. My office received your letter 

and attachments on January 21, 2009. I sincerely appreciate the extended time period in 

which to provide this response. 

Enclosed you will find McMinn County's ^\nswer, which includes a motion to dismiss 

as well as thirteen exhibits and certificate of service. The answer has been our attempt to 

provide a concise, yet accurate response. I am available to provide as much clarification 

as needed. 

M. Gentry 

IcMinn County Mayor 

( O 
ANSWER AND MOTION TO DISMISS 

Complaint 1: Section IV. Assurances, C-Sponsor Certification, Paragraph 19 -

Operation and Maintenance. 

This allegation is based on the airport management's perceived lack of intervention 

during an alleged referenced incident on December 9, 2005. If this incident did indeed 

occur, it did so under the management of the deceased Fixed Base Operator, Mr. Bill 

Johnson and cannot be verified or corrected. Mr. Johnson passed away during this period 

due to complications with his long battle with cancer. Mr. Keyes' allegations concern the 

behavior of private citizens and not with staff contracted by McMinn County. This 

alleged incident, if true, should have been reported immediately to the McMiim County 

Sheriffs Department for investigation. The FBO is not assigned with security duties or 

powers in its contract. It is McMinn County's position that an alleged threat between 

general aviation pilots would constitute a private legal matter and not a violation of 

federal grant assurances regarding the safety of operations and maintenance of an airport. 

The March 20, 2006 incident also appears to be between two private citizens Mr. Kenny 

Witt and Mr. Charlie Nelson, and not between Mr. Bill Keyes and McMinn County. 

Regardless, McMinn County challenges the assumption that alleged poor behavior on the 

behalf of private citizens could be considered a violation of this grant assurance. 

McMinn County will never knowingly tolerate the threat of physical harm to persons or 

property at any of oiu* facilities, especially our airport. McMinn County desires the 

airport's patrons to find the facility to be managed in a welcoming and accommodating 

manner. It is our front door to the aviation and business community, and as such we do 

not and would not tolerate harassment in any form. 

Therefore, this allegation is DENIED. 

Complaint 2: Section IV, Assurances, C-Sponsor Certification, Paragraph 19 -

Operation and Maintenance. 

This allegation addresses the installation of a new PAPI system to replace the original 

VASI system. 

McMinn County has encountered numerous problems with the new PAPI system. The 

Tennessee Division of Aeronautics (TAD) is aware the original contractor (JACO) who 

installed the system went out of business shortly after completing the installation. 

McMinn County experienced numerous problems with the contractors during installation. 

Problems with the system operations manifested shortly after completion of the project. 

Portions of the lighting system also had to be reinstalled due to the correction of the line 

of sight issue. Quite frankly, we have never been satisfied with the system and continue 
to battle problems. TAD did approve emergency funding to repair the system after 

McMinn County had a third party contractor look at the system and declare the cause of 

its malfionction to possibly be a lightening strike. After trying numerous "fixes" 

suggested by a third party electrician, the motherboards for the system had to be returned 

to Siemens for rebuilding and have now been reinstalled. The system has continued to 

suffer malfiinctions since the motherboard replacement and TAD has allowed us to keep 

the emergency funding request open. Currently both PAPI's are operational. A request 

has been made yet again for a new company (Guardian Electric) to evaluate the system. 

McMinn County and TAD invested heavily to have a new and safe lighting system 

installed, which was an upgrade from the original VASI system. We have learned "new" 

does not equal "quality," as we have obviously experienced significant issues with the 

new system. However, it is my understanding, per TAD, that PAPI's are above the 

minimum lighting standards for operating a general aviation airport. Therefore the recent 

problems, which have in good faith been addressed and continue to be addressed, should 

not in McMinn County's opinion violate the grant assurances. McMinn County would 

never knowingly operate and maintain an unsafe airport. We are inspected annually by 

TAD and have no safety violations. It is important to note that TAD had their most 

veteran project manager, Mr. Ronnie Fitzgerald, assigned to this project and never was 

McMinn Coimty cited for violations due to the PAPI operations. 

McMinn County has never failed to act regarding the PAPI's malfimctions. There are 

literally miles of wiring underground at the airport with numerous connections. The 

PAPI system is much more complex than the old VASI system. Parts have had to be 

ordered from Germany and local technicians are not experienced in PAPI repairs. 

Obviously, repairs have taken time. This should in no way be interpreted as gross 

negligence of a system we requested and desired as an upgrade of our facility. 

NOTAM's have been issued during all repairs since the initial malfimction and the FBO 

has been issued Section 3 (C) 7.0 of Volume II of the Airport Management Guide . 

Issuing NOTAMS, to ensure a proper NOT AM is issued when conditions affect 

aeronautical use of the airport 

Therefore, this allegation is DENIED. 

Complaint 3: Section IV, Assurances, C-Sponsor Certification, Parasraph 19 

Operation and Maintenance. 

This is a new allegation not mentioned in Mr. Keyes Part 13 complaint. FBO has been 

contacted concerning allegation and end lights are reported to be iieither damaged nor 

displaced. FBO did state that it is not uncommon for mowing crews to push a runway or 

taxiway light over and they have to be sfraightened, but none were down or inoperable 

when inspected. We recently had to fix a sink hole near the taxiway which caused a few 
taxiway lights to be down during the repairs. However, I do not believe these would 

qualify as the threshold lights he mentioned. 

Further clarification is requested, otherwise this allegation is DENIED. 

Complaint 4: Section IV, Assurances, C-Sponsor Certification, Paragraph 22-E 

Economic Nondiscrimination of the Terms and Conditions of 

Accepting Airport Improvement Program Grants 

This allegation involves the renting of t-hangars and is a classic case of poor 

communication rather than willful discrimination. McMinn Coimty presently has four 

sets often unit t-hangars. The oldest set often hangars, built by McMinn County several 

decades ago is provided to the Fix Base Operator to lease for base level revenue. Two 

sets often unit t-hangars were built ten years ago and a fourth set often unit t-hangars 

was recently completed. The newer three sets often t-hangars are leased out by McMinn 

County through the County Mayor's office, with McMinn County maintaining the 

revenues. 

When the 20 t-hangars were built in 1998 a hst was generated of potential lessees. After 

the twenty units were occupied the hst was admittedly not well-maintained over the 

years. When McMinn County became interested in constructing additional t-hangars a 

list was again started to gauge interest. The list was originally maintained by the coimty, 

but later sent by the County Mayor's Assistant to the FBO for mamtaining, due to the 

FBO having better access to interested lessees. 

When Mr. Johnson understood his illness was terminal he sold his FBO confract, with 

county approval, to Athens Air, LLC. When representatives of Athens Air LLC met with 

Mr. Johnson regarding the hst it was found to have evolved more into a collection of 

notes than an organized list. As potential lessees found hangars at other airports, sold 

airplanes, or new requests were made Mr. Johnson or his employees would amend his 

notes. Mr. Johnson met with the new FBO before his passing to organize the list the best 

he could by memory. The hangar list currently used by McMinn County and the new 

FBO was the one formed from Mr. Johnson's notes. It is publicly displayed in the 

terminal as additions and deletions occur. 

According to the present FBO, the late Mr. Johnson, knowing of Mr. Keyes' strong 

interest, placed him in the top 10 so he could be offered a hangar when the newest row of 

ten t-hangars was built (t-hangars were in short supply regionally, so pilots would place 

their names on waiting lists at several area airports, even if they currently did not own a 

plane). The hangar list was always been intended to be for the benefit of McMinn 

County to rent its hangars and not necessarily for the FBO to rent his/hers. To the best of 

our knowledge McMinn County has never imposed a rental policy on the oldest set of thangars controlled by the FBO. When contacted about Mr. Keyes complaint, Athens Air 

LLC stated they actually used the new list from which to call potential lessees and the 
referenced Mr. Steve Dodd was ahead of Mr. Keyes. It is our belief Mr. Dodd got the 

idea Mr. Keyes was ahead of him from Mr. Keyes himself Mr. Keyes had an earlier 

conversation with the Coxmty Mayor about the official list being maintained by his office 

and the old hangar list being maintained by the FBO. Once he heard the new FBO was 

creating a new list he became concerned he would lose his place, which he understood to 

be fourth or fifth. In actuality the two lists were one and the same as the County Mayor 

was unaware his assistant had sent the list to the former FBO to maintain. When the 

Coimty Mayor told Mr. Keyes his office and not the FBO was in charge of the list for the 

County t-hangars he thought the list was still in his assistant's office and the FBO was 

maintaining a separate hst for the old original t-hangars. The Coimty Mayor was 

unaware at the time of the conversation that his administrative assistant had given the list 

to the late Mr. Johnson to maintain for the above cited reasons. 

In an effort to lessen future confusion and potential conflicts, the new FBO has chosen to 

use the official County hst when renting the old original hangars. McMinn County had a 

t-hangar become available earlier this year to which Mr. Keyes was offered and he 

accepted. McMinn County followed the order of the list to select Mr. Keyes, as some 

ahead of him passed on the opportunity in order to get one of the new t-hangars under 

construction. 

While we admit some adminisfrative confiision in maintaining the list, we adamantly 

deny any willful discrimination against Mr. Keyes. He is a good tenant and responsible 

in making his lease payments. It is somewhat ironic that if the former FBO correctly 

maintained the list chronologically, Mr. Keyes would have undoubtedly been much 

fiirther down the list due to the fact he has only been a licensed pilot for the past few 

years. We humbly present that the incredible sfress and growing distrust created during 

the line of sight correction tainted everyone's perception of the other party's words and 

deeds to be intended for harm instead of being taken at face value. 

Therefore, this allegation is DENIED. 

Mr. Keyes Background Comments; 

Even though his lengthy background comments include many false statements not 

officially cited as alleged violations. We believe he has included them to influence the 

FAA's response. As such, we begrudgingly feel we must offer a brief reply. 

McMinn County's contacted engineers did make TAD aware of a potential line of sight 

issue. In consultation with TAD personnel, they decided to go forward with the project 

since it brought the airfield into compliance with several other federal design standards 

the old runway violated. The full parallel taxiway to be constructed would ultimately 

bring the new runway into compliance with the line of sight standard. It was later 

determined TAD personnel misread the regulations and the full parallel taxiway would 

not have brought the new runway into compliance. The State of Tennessee 

acknowledged this mistake and used federal funds to repair the line of sight issue. 
While McMinn County is technically the owner of the airport, we rely heavily on 

TAD's funding, advice and expertise. We went forward with this project on the expert 

advice of TAD. They were paying ninety-percent of the project's cost. The State of 

Tennessee funded the original project, while federal flmds were used in the correction. 

The Count Mayor, an admitted aeronautical novice, publicly repeated comments TAD 

personnel made to him that the original completed project, even with the line of sight 

issue, was safer than the unimproved runway. The new runway is significantly longer 

and wider, has a paved overrun and larger object free areas. The new lighting was 

designed to improve safety as well. The vast majority of pilots agreed they would rather 

have had the new runway with the line of sight issue as to have had to keep the old 

runway with its many violations. 

We honestly do not believe anyone had an issue with the factual comments Mr. Keyes, 

Mr. Witt or Mr. Ferrell made concerning the line of sight dilemma. There was, however, 

much disagreement within the pilot community on the actual danger the line of sight 

issue posed. We believe it was ultimately the means with how they expressed their 

concerns, using larger city television media and talk show forums to degrade the local 

airport while its beloved manager was fighting for his life against cancer, that those in the 

flying community became so disturbed. Many pilots passionately rose to the defense of 

their airport. The situation was not easy. I am sure some made comments 

uncharacteristic of their nature. TAD was embarrassed and took corrective action. 

In his complaint, Mr. Keyes states Mr. Kenny Witt is barred from the use of the McMinn 

County Airport. This is not factual. Mr. Witt, as a licensed pilot or passenger, may fly to 

or from the McMinn County Airport at his pleasure. His service as a private flight 

instructor, in the employment of the former FBO was terminated for reasons the late Mr. 

Johnson is no longer available to confirm or deny. 

Mr. Keyes makes what we believe is an irresponsible accusation in his compliant that 

Athens Air LLC, had a previous arrangement to dissolve their partnership after securing 

the FBO confract. This simply appears to be conjecture. Athens Air LLC, was a new 

partnership between Kristy Gentry Cox and Taylor Newman. Mr. Newman also owned a 

Part 135 Operation, Crystal Air, and served as FBO for a couple other general aviation 

airports in Tennessee. Kristy Gentry Cox was also a corporate pilot (Ruby Tuesday's and 

currently Delta Airlines). Kristy Gentry Cox purchased Mr. Newman's position when it 

became evident he could not provide the time commitment he and Mrs. Cox had agreed 

the partnership would require. According to the parties, the dissolution was amiable and 

unplanned. 

Mrs. Gentry-Cox is the cousin of the County Mayor. The County Mayor openly 

disclosed this fact by written affidavit to the McMinn Coimty Commission when the FBO 

confract fransfer was publicly approved. He furthermore removed himself from making 

any recommendations on the transfer and instructed the Commission of their options to 

deny and rebid the confract if they so chose. The Commission was impressed with 
Athens Air LLC's aeronautical experience. Airport Transport Pilot licensure, 

bachelors degrees' in aviation and overall enthusiasm for general aviation. The fransfer 

was unanimously approved. 

SUMMATION 

Mr. Keyes' letter is quite lengthy and contains numerous accusations 

toward other individuals involved with the past line of sight issue. McMiim 

County, and most likely TAD, regrets how the line of sight issue unfolded. However, it 

has been resolved and McMinn Coimty is satisfied with our new airport runway, other 

than the lighting system. We hold no ill feelings towards anyone or any group. We will 

not tolerate any threats of harm to persons or property. Any pilots or other airport 

patrons who engage in any illegal or unethical behavior will be removed in accordance 

with the remedies allowed by law. 

It is McMinn County's position that we have not knowingly or unknowingly violated any 

grant assurances listed or not listed by Mr. Keyes. We are appreciative and respectful of 

the state and federal financial assistance we have received to improve our airport. We 

ask the FAA to review McMinn County's history of compliance and believe you will find 

that we have been faithful stewards of the resources awarded to us. 

Again, we strongly deny any individual or collaborative effort to discriminate against 

anyone. We regret Mr. Keyes feels he has been targeted for retribution by McMinn 

County and/or its airport management. It simply is not so. It is our humble opinion he 

must separate the perceived opposition from private citizen pilots from his claims of 

sanctioned government discrimination. While we desfre and strive to have a harmonious 

aeronautical community at our airport, county government cannot referee the private 

relationships of its citizens. 

It our understanding Mr. Keyes currently enjoys the full use and benefit of the McMinn 

County Airport and has done so for the past few years without incident. As a taxpayer, 

citizen and licensed pilot he is encouraged to continue to do so. In a conversation held 

with Mr. Keyes during the Part 13 process, he told the County Mayor the current FBO 

had treated him professionally and he has had no other "run ins" with pilots. We are 

perplexed at his continued call for sanctions against this airport. We are left with no other 

conclusion than he holds a personal vendetta against those in coimty leadership and 

airport management. Per conversation with Mr. Keyes, we know he desires the FBO 

contract rebid. He has stated that if it were re-bid, and openly re-awarded to the current 

FBO upon other offers being considered he would be satisfied. 

McMinn County is aware that its airport operations are now poised for growth and 

increased utilization. We are currently drafting our first set of Airport Rules and 

Regulations, of which an unapproved/draft copy has been included. This is to help 

maintain and improve responsible airport use by its pafrons. Minimum Standards are also 
being drafted, but are too raw for submittal at this time. Once the Rules and Regulations 

and Minimum Standards are prepared for Commission approval, an Airport Manager's 

Agreement will also be submitted as an addendum to the current FBO confract to better 

delineate both FBO and County obUgations. A $50,000 security grant has also been 

secured from TAD to install cameras, additional fencing and security gates. 

MOTION TO DISMISS 

For all of the foregoing explanations, response and reasons, McMinn County would 

respectfiilly move that this complaint filed with the FAA be dismissed and the matter 

officially closed as McMinn County continues to take positive steps toward upgrading, 

improving and securing its airport. 

Respectfully submitted. 

John M. Gentry 

McMinn County Mayor 
EXHIBITS 

1) Project Scope Meeting Notes - January 9, 2003 

2) Proposed Rules and Regulations 

3) FBO Johnson October 12, 2006 Letter to County Mayor Gentry 

4) October 19, 2006 County Mayor Letter to Commission Chairman Crews 

5) County Mayor Affidavit of Kinship with County Resolution Transferring Lease 

6) December 19, 2005 Letter of Support from Local Pilots 

7) December 19, 2005 Charlie Nelson Comments to McMirm County Commission 

8) July 16, 2007 Bill Keyes' Self-Prepared Statements to the County Commission 

9) June 9, 2008 TAD Letter to Bill Keyes 

10) July 24, 2008 TAD Letter to Bill Keyes 

11) September 8, 2008 Bill Keyes Letter to County Mayor Gentry 

12) September 12, 2008 County Mayor Gentry Response Letter to Bill Keyes 

13) September 24, 2008 TAD letter to Bill Keyes 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on February 9, 2009,1 caused to be placed in the United 

States mail (first class mail, postage paid), a true copy of the foregoing document 

addressed to: 

FAA: Office of the Chief Counsel 

Attention: Part 16 Airport Proceedings Docket (AGC-610) 

Room 925 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, D.C., 20591 

William H. Keyes 

121 County Road 569 

Englewood, TN 37329 

Mr. David Crews 

Chairman, McMinn County Commission 

Chairman, McMinn County Airport Committee 

McMinn County Courthouse 

6 E. Madison Avenue 

Athens, TN 37303 

John M. Gentiy 

fcMiim County Mayor 

6 East Madison Avenue 

Athens, TN 37303 
:•!^:.•:..:I,!r^:};.•^•i.;:•••i• 

> : . > . i- ( : . 

January 9,2003 

MCMINN COUNTY AIRPORT 

ATHENS, TENNESSEE 

RUNWAY AND TAXIWAY £XTGNSK)N SCOPING MEETING 

THOSE IN ATTENDANCE ARE AS FOLLOWS: 

RobNtB«m( 

JdmGtDby 

Ronnie Fitzgendd 

C.C. Coddingioa 

Tim Haded! 

Wayne Simpson 

JoeCfliter 

McMiim County Engineer 

Mckfiop Oouniy Executive 

TDOT Aeronmitics Di^^aion 

TDOT Afironautics Drviakm 

HMB PmftsaiaDal Ba^bMR, Inc. 

nD4B'Pc0finndinal 6ngmiceis,Thc. 

HMB Proftssional Ei^iiieeis, Inc. 

HMB Professiaottl Engineers, Lie. 

Hi|l|vtayEiiglfle«riRg 

Jobcunl EnKinwtng 

SlieDevtIopnira 

Envirannenu' Planning 

Suiveyinj 

Pio ^ MnsgemaM 

Cost utimalion 

CcKislnKiio.'i Iripectien 

A»i«ionSe(vkes'" 

{nyiiDrmem*! Rwiedixjon 

Uncbupt Aidiit«clui4 

The fbBowing items wo e discussed: 

A disciusian occuxtBd ooneenun^ die fbot that tfve sighting distance Tequiicment 

flould not precis^' be met vnpoa completion of the runway exiension. Mr. 

Fit^erald stated that thia wotild not be a problem because the airport woatd 

uMmaMy bav» B foil panAd tBxiW4y and ihe sigbtittg Tequin^netU fiom lunway 

end to raoway end could be met 

It was agreed iqionhyallBtteiidaes that ibis project include a road relocation and 

grade, drain md fencing plans for a runway extension at the north end of the 

nipott. The nmway extensioQ will not include paving or lighting plans. These 

plana win ooour in a fiiture i^Mse. 

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

funding. Be slated that die road relocation be funded with S 100,000 $(ate money 

that was left over fiom a previous ptpject that the county did. It was also 

discussed that the fenctng may be ftudcd by a security grant that will also be 

funded by ihe state. 

Mr. Randall Moss. litfeiMtnn County Midway CoimmSEioner. will be consulted 

{or deaigp critnia fi)r the eounl^ road Tek>cali<Mi 

4. 

KENTUCK V • TENNESSEE • INDIANA • AlABAM A • WfS T VlRGIN M • GEORGIA 
Ux. FilzcenM instniciedHMB Enginetxs to estimate the cost of constractii^g a 

leuinlitg wall ocmto tfiecciDeteq% cnabliiigtheRSAiobe coosbBcted to Meral 

9tandaid9.HMB8lKHi)dalsocaasideriltgbtly«gu»edipgtfieFAAceooinBiended 

a Tecurtmcndatioii made as whether to boiU to standards o<r lequest a 

mofificatkn of standards. 

Mr.FltzcenUdsoiiistnictBdHMB tooompileafeeprapoaal forthei^ ^ 

said Ifaai diGM wonU be one neeliiig fiir fise netolntinR, design ptognst 

liieattnpPQ%.60K.ft90K). aiRc^bidineetatg»bid openings aptcKonstn^ 

ooofimsice and ln*niandi^ piocKss meetingt dmnu omdnWHOiL 

—TteaocoiinBwitoiqaaBCfltlhaaiifliortmidfliwiwrlwgoffflwniyiritciasdi Any 

OROct or onJasidns simild be h»u ^ fp my atteotum as soon as possibte. 

Veqrtiiiiyyoan^ 

HMB niOnSSSIONAL KNGINE6IIS, INC 

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Wione Siiqpsoii. Aiipart Divirion 

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4 

McMinn County Airport 

McMINN COUNTY 

tAC^ 

Elevation 858 Ft. 

AIRPORT 

RULES AND REGULATIONS 

XXXXX, X, 2009 
MCMINN COUNTY AIRPORT 

RULES AND REGULATIONS 

Table of Contents 

Section Item 

Page 

1. PREAMBLE AND POLICY 4 

2 DEFINITIONS 5 

3. GENERAl. REGULATIONS 9 

3.01 COMPLIANCE WITH RULES AND REGULATIONS 9 

3.02 COMMERCIAL ACTIVmES 9 

3.03 THROUGH-THE-FENCE OPERATIONS 9 

3.04 LL\BILITY 9 

3.05 OBSTRUCTION OF AIRPORT USE AND OPERATION 9 

3.06 RESTRICTED AREAS AND AIR OPERATIONS AREAS 10 

3.07 OTHER LAWS 10 

3.08 DAMAGE INSPECTION 10 

3.09 RESPONSIBILITY FOR DAMAGES 10 

3.10 ACCIDENT REPORTS 10 

3.11 NON-AVIATION STORAGE OF EQUIPMENT 11 

4. PERSONAL CONDUCT 12 

4.01 COMPLIANCE WITH SIGNS 12 

4.02 USE AND ENJOYMENT OF AIRPORT PREMISES 12 

4.03 ENVIRONMENTAL POLLUTION & SANITATION 12 

4.04 FIREARMS AND WEAPONS 13 

4.05 PRESERVATION OF PROPERTY 13 

4.06 LOST AND FOUND AND ABANDONED PROPERTY 14 

4.07 ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES .. 14 

4.08 DISORDERLY CONDUCT 14 

5. FIRE AND SAFETY 15 

5.01 GENERAL 15 

5.02 FUELING OPERATIONS 15 

5.03 FUEL FARMS AND BULK FUEL INSTALLATIONS 17 

5.04 SMOKING 17 

5.05 OPEN FLAME OPERATIONS 17 

5.06 STORAGE OF MATERIALS 18 

5.07 HAZARDOUS MATERIALS 18 

5.08 ELECTRICAL EQUIPMENT AND LIGHTING SYSTEM 18 

5.09 HEATING HANGARS 19 

5.10 APRONS, BUILDING, AND EQUIPMENT 19 

5.11 REPAIRING AIRCRAFT 19 

5.12 DOPING, SPRAY PAINTING, AND PAINT STRIPPING 19 
MCMINN COUNTY AIRPORT 

RULES AND REGULATIONS 

Table of Contents (Continued) 

Section Item Page 

5.13 FIRE EXTINGUISHERS 19 

6. AERONAUTICAL 20 

6.01 GENERAL RULES 20 

6.02 AIRPORT OPERATIONAL RESTRICTIONS 22 

6.03 TAXI AND GROUND RULES 23 

6.04 ROTORCRAFT OPERATIONS RULES 24 

6.05 USE OF T-HANGARS AND STORAGE HANGARS 25 

7. MOTOR VEHICLES 26 

7.01 GENERAL TRAFFIC REGULATIONS 26 

7.02 PROCEDURE IN CASE OF ACCIDENTS 26 

7.03 VEHICLE OPERATIONS WITHIN AIR OPERATIONS AREA ... 27 

8. PENALTIES 29 

8.01 CEASE AND DESIST ORDERS 29 

8.02 REMOVAL FROM OR DENIAL OR ACCESS TO AIRPORT 29 

8.03 REMOVAL OF PROPERTY 29 

9. MINIMUM STANDARDS FOR ALL FBO'S 30 

10. APPLICATIONS AND QUALIFICATIONS 31 

10.01 SUBMITTAL INFORMATION 31 

10.02 ACTION ON APPLICATION 32 

11. AIRCRAFT RENTAL 33 

12. FLIGHT TRAINING 33 

13. COMMERCIAL SKYDIVING 33 

14. AIRCRAFT FUELS AND OIL SERVICE 33 

15. AIRCRAFT STORAGE 35 

16. FBO SUBLEASING FROM ANOTHER FBO 35 

APPENDICES: 

A TEMPORARY MOTOR VEHICLE ACCESS TO MCMINN 

COUNTY AIRPORT AIR OPERATIONS AREA LOG 36 

B TEMPORARY MOTOR VEHICLE ACCESS TO MCMINN 

COUNTY AIRPORT AIR OPERATIONS AREA FORM 37 
SECTION 1. PREAMBLE AND POLICY 

The County of McMinn Tennessee being the Owner and in a position of responsibility for 

the administration of the McMinn County Airport does hereby establish the following Policy for the 

Minimum Standards: 

The Minimum Standards are intended to be the threshold entry requirements for those wishing to 

provide commercial aeronautical services to the public and to ensure that those who have undertaken to 

provide commodities and services as approved are not exposed to unfair or irresponsible competition. These 

Minimum Standards were developed taking into consideration the aviation role of the McMiim County 

Airport, facilities that currently exist at the Airport, services being offered at the Airport, the future 

development plarmed for the Airport and to promote fair competition at McMinn County Airport. The 

uniform application of these Minimum Standards, containing the minimum levels of service that must be 

offered by the prospective service provider, relates primarily to the public interest and discourages 

substandard entrepreneurs, thereby protecting both the established aeronautical activity and the McMinn 

County Airport patrons. 
SECTION 2. DEFINITIONS 

2.01 Unless specifrcaMy defined otherwise herein, or unless a different meaning is apparent 

from the context, tlic terms used in these Rules and Regulations shall have the 

fofiowing definitions; 

"AIR OPERATIONS AREA" (AOA) shall mean any area of the Airport 

used or intended to be useci fov landing, takeoff, or the surface maneuvering 

of aircraft. 

"AIRCRAFT' shall mean an> contrivance now known or hereafter designed, 

invented, or used for powered or non-powered flight in the air. 

For the purpose of this definition, parachutes and ultra-light vehicles are not 

included. 

"AIRPORT" shall mean McMiim Counts Airport. 

"AIRPORT MANAGER" shall mean the McMinn County Airport contracted Fixed 

Base Operator (FBO). 

"APRON OR RAMP" shall mean those areas of the Airport within the 

AOA designated for the loading, unloading, servicing, or parking of 

aircraft. 

"AUTHORIZED .AREA" shall mean a specified location, approved by 

McMinn County, as accessible to specifically authorized person(s). 

"AUTHORIZED REPRESENTATIVE OF AIRPORT MANAGER" 

shall mean such person or persons iis designated by the Airport Manager. 

"COMMERCIAL ACTIVITY" shall mean the exchange, trading, 

buying, hiring or selling of conitnodilies. goods, services, or tangible or 

intangible property of any kind, or any revenue producing activity on the 

Airport, 

"COMMERCIAL AVIATION OPERATORS" shall mean all operations of 

aircraft for commercial purposes. 

"COMMERCIAL VEHICLE" shall moan any vehicle otlier than a private vehicle. 

"FIRE DEPARTMENT" shall mean that fire department having jurisdiction 

over the airport. 

"FIXED BASE OPERATOR (FBO)" shall mean an entity that is authorized/ 

and required by agreement with McMinn County Government to provide,.at/i— ^_ - . . 

minimnm^ thn frllnwing aeronautical ^tgjtVUfi^t McMinn Count}' Airportrv*"^** »*» »y «i^ cj u«j^ 

Sale of aviation fiic! 

Tie-down, hangaring. and parking 

Aircraft maintenance 

.Aircraft washings 

Ancillar> aircraft ground services 

Flight instixiction 
SECTION 2. DEFINITIONS 

2.01 Unless specifically defined otherwise herein, or unless a different meaning is apparent 

from the context, the terms used in these Rules and Regulations shall have the 

following definitions: 

"AIR OPERATIONS AREA" (AOA) shall mean any area of the Airport 

used or intended to be used for landing, takeoff, or the surface maneuvering 

of aircraft. 

"AIRCRAFT' shall mean any contrivance now known or hereafter designed, 

invented, or used for powered or non-powered flight in the air. 

For the purpose of this definition, parachutes and ultra-light vehicles are not 

included. 

"AIRPORT" shall mean McMinn County Airport. 

"AIRPORT MANAGER" shall mean the McMinn County Airport contracted Fixed 

Base Operator (FBO). 

"APRON OR RAMP" shall mean those areas of the Airport within the 

AOA designated for the loading, unloading, servicing, or parking of 

aircraft. 

"AUTHORIZED AREA" shall mean a specified location, approved by 

McMinn County, as accessible to specifically authorized person(s). 

"AUTHORIZED REPRESENTATIVE OF AIRPORT MANAGER" 

shall mean such person or persons as designated by the Airport Manager. 

"COMMERCIAL ACTIVITY" shall mean the exchange, trading, 

buying, hiring or selling of commodities, goods, services, or tangible or 

intangible property of any kind, or any revenue producing activity on the 

Airport. 

"COMMERCIAL AVIATION OPERATORS" shall mean all operations of 

aircraft for commercial purposes. 

"COMMERCIAL VEHICLE" shall mean any vehicle other than a private vehicle. 

"FERE DEPARTMENT" shall mean that fu-e department having jurisdiction 

over the airport. 

"FIXED BASE OPERATOR (FBO)" shall mean an entity that is authorized 

and required by agreement with McMinn County Government to provide, at a 

minimum, the following aeronautical activities at McMinn County Airport: 

• Sale of aviation fuel 

• Tie-down, hangaring, and parking 

• Aircraft maintenance 

• Aircraft washings 

• Ancillary aircraft groiuid services 

• Flight instruction 
"FLAMMABLE LIQUIDS" shall mean a liquid or agent which when in 

contact with another property or properties may ignite causing a flame. 

"FUEL FLO WAGE FEE" shall mean a fee due airport for ftiel that is brought 

on Airport property within the airport boiuidaries. 

"GROSS WEIGHT" shall mean the maximimi allowable gross landing weight 

of aircraft as determined by the Federal Aviation Administration, or other 

governmental agency having jurisdiction. 

"HELICOPTER" shall mean a rotorcraft that, for its horizontal motion, depends 

principally on its engine driver rotors. 

"ITINERANT PILOT" shall mean a pilot operating an aircraft not based at 

the airport. 

"LAW ENFORCEMENT AGENCY" shall mean that law enforcement 

agency having jurisdiction over the airport. 

"LEASED AIRCRAFT" shall mean any aircraft not owned, but under the 

control of any individual, or organization, through a valid and legal lease 

agreement with the aircraft owner. 

"MANAGER" shall mean the Airport Manager. 

"MOTOR VEHICLE" shall mean a self-propelled device in, upon or by which 

a person or property may be transported, carried or otherwise moved from point 

to point, except aircraft or devices moved exclusively upon stationary rails or 

tracks. 

"NFPA" shall mean the National Fire Protection Association. 

"NON-COMMERCL\L ACTIVITY" shall mean activities undertaken not for 

profit but for philanthropic, religious, charitable, benevolent, humane, public 

interest, or similar purpose. 

"OBSTRUCTION TO AIRCRAFT PUBUC NUISANCE" shall mean any 

structure or surface that may interfere with safe operation of aircraft in the airport 

area. 

"OPERATOR" shall mean person(s) directly controlling or 

maneuvering equipment, vehicles or aircraft. 

"OPERATING DIRECTIVES" ("OD") shall mean the specific vsritten documents detailing 

the approved methods of operations as directed and signed by the Manager. 

"OPERATOR. AIRCRAFT" shall mean any person engaged in the use, or movement of an 

aircraft. 
"OPERATOR. AVIATION" shall mean any person or organization engaged in business of an 

aviation nature under authority of a lease or permit from McMinn County. 

"OPERATOR. COMMERCIAL" shall mean the term "commercial operator" a person who, 

for compensation, provides goods and services to others on or from the airport. 

"OPERATOR. FIXED BASE" shall mean those aviation operators who fiimish and engage 

in aeronautical services and activities for the public, including line service, sale of aircraft, 

parts and supplies, maintenance and repair of airframes and engines, aircraft charter and rental, 

and flight instruction from a fixed location. 

"OPERATOR. NONCOMMERCIAL" shall mean a person or organization that offers or 

provides goods or services without compensation. 

"OWNER" shall mean person(s) possessing a legal or implied right to property. 

"PARACHUTE OPERATION" means the perfonnance of all activity for the purpose of, or 

in support of, a parachute jump or parachute drop. This parachute operation can involve, but is 

not limited to, the following persons: parachutist, parachutist in command and passenger in 

tandem parachute operations, drop zone or owner or operator, jump master, and certified 

parachute rigger, or pilot; or as otherwise defined by Federal Aviation Regulations Part 105. 

"PARACHUTIST" means the person who intends to exit an aircraft while in flight using a 

single harness, dual parachute system to descend to the surface; or as otherwise defined by 

Federal Aviation Regulations Part 105. 

"PARK" shall mean to put or leave or let a motor vehicle or aircraft stand or stop in any 

location whether the operator thereof leaves or remains in such vehicle or aircraft when such 

standing or stopping is not required by traffic controls or conditions beyond the control of the 

operator. 

"PERSON" shall mean any individual, firm, partnership, corporation, company, association, 

joint stock association, or body politic; and includes any trustee, receiver, committee, assignee 

or other representative or employee thereof 

"PRIVATE VEHICLE" shall mean a vehicle transporting persons or property for which no 

charge is paid directly or indirectly by the passenger or by any other entity. 

"PUBLIC AREAS" shall mean a specified location maintained for community use. 

"PUBLIC PARKING FAdLTTIES" shall mean all parking facilities provided for the public 

at the Airport. 

"RAMP" - See Apron. 

"RESTRICTED AREA" shall mean any area of the Airport designated to prohibit entry or 

to limit entry or access to specific authorized persons. 
"ROTOR CRAFT" shall mean a heavier-than-air aircraft that depends principally for its 

support in flight on the lift generated by one or more rotors. 

"RUNWAY" shall mean a restricted area used solely for take-off and landing of aircraft. 

"STANDARD OPERATING PROCEDURE" (SOP) shall mean the specific written 

documents detailing the approved method of operations directed by the Airport Manager. 

"SOUCTTATION OR TO SOLICIT" shall mean to repetitively or continuously, directly or 

indirectly, actively or passively, openly or subtly, ask orally, in writing, or otherwise, (or 

endeavor to obtain by asking), request, implore, plead for, importune, seek or try to obtain. 

"TAXIWAY OR TAXILANE^ shall mean a restricted area designated for ground 

maneuvering of aircraft by its own power. 

"THROUGH-THE-FENCE-OPERATOR" A commercial activity that is directly related to 

the use of the airport but is developed or located off airport property beyond the sponsor's 

control. It also includes services performed on the airport by individuals or companies, which 

may or may not have a lease or permit from the sponsor to perform such services. 

"TRANSIENT AIRCRAFT" shall mean an aircraft not using the Airport as its permanent 

base of operations. 

"ULTRALIGHT VEHICLES" shall mean a Vehicle that is used or intended to be used for 

manned operation in the air by a single occupant; is used or intended to be used for recreation 

or sport purposes only; does not have any U.S. or foreign airworthiness certificate; and if unpowered, weighs less than 155 pounds; or if powered: weight less than 254 pounds empty 

weight, excluding floats and safety devices which are intended for deployment in a potentially 

catastrophic situation; has a fuel capacity not exceeding five U.S. gallons; is not capable of 

more than 55 knots calibrated airspeed at full power in level flight; and has a power off stall 

speed which does not exceed 24 knots calibrated air speed, or as otherwise defined by Federal 

Aviation Regulations Par 103. 

"UNICOM FREQUENCY" shall mean the common UNICOM 

Frequency assigned to McMinn County Airport of 122.8. 

"VEHICLE" shall mean a device in, upon, or by which a person or property 

may be propelled, moved, or drawn, including a device moved by human or 

animal power, except aircraft or devices moved exclusively upon stationary rails 

or tracks. 

2.02 Words relating to aeronautical practices, processes, and equipment shall be 

construed according to their general usage in the aviation industry. In the 

event of any conflict in rules, regulations, and/or terminology. Federal 

regulations, policies, and assurances shall prevail. 
SECTION 3. GENERAL REGULATIONS 

3.01 COMPLIANCE WITH RULES AND REGULATIONS: 

The Airport Manager or his/her designated representatives has authority to take 

such actions as may be necessary to safeguard the public in attendance at the 

Airport, as well as all facilities under his/her control. All persons employed on or 

using the Airport shall cooperate with the Airport Manager and his/her designated 

representatives to enforce these Rules and Regulations. 

3.02 COMMERCIAL ACTIVITIES: 

No person shall occupy or rent space and no person shall conduct any 

business, commercial enterprise or activity, or other form of revenue 

producing activity on the Airport without first obtaining a written contract, 

lease, permit, or other form of written authorization from McMinn Coimty. 

3.03 THROUGH-THE-FENCE OPERATIONS: 

As a general principle, McMinn County will not enter into any agreement, which 

grants access to the public landing area by aircraft stored and/or serviced on 

adjacent property. 

3.04 LIABILITY: 

McMinn County assumes no responsibility for loss, injury, or damage to persons 

or property by reason of fire, theft, vandalism, wind, flood, earthquake, collision, 

strikes, or act of God nor does it assume liability for injtny to persons while on the 

Airport. 

3.05 OBSTRUCTION OF AIRPORT USE AND OPERATION: 

No person shall obstruct, impair, or unreasonably interfere with the safe, orderly and 

efficient use of the Airport by any other person, vehicle, or aircraft. 
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3.06 RESTRICTED AREAS AND AIR OPERATIONS AREAS: 

a Except as otherwise provided herein, no person may, without the prior written 

authorization of McMinn County, enter the Air Operations Area (AOA) or any 

Restricted Area on the Airport except: 

1. Persons assigned to duty thereon. 

2. Passengers who, under appropriate supervision, enter upon the aircraft 

apron 

for the purposes of enplaning or deplaning an Aircraft. 

3. Persons authorized by the Manager. 

4. Persons engages, or having been engaged in the operation of aircraft. 

b. The security of all vehicle and pedestrian gates, doors fences, walls, and 

barricades which lead from a tenant, lessee, or contractor exclusive use area to or 

from the Air Operations Area, or any other Restricted Area, shall be the 

responsibility of the tenant, lessee, or contractor abutting the Air Operations Area. 

c. No imauthorized vehicles on runway. Vehicles may be allowed on taxiway and 

apron if authorized by Airport Manager. 

3.07 OTHER LAWS: 

All applicable provisions of the laws of the State of Tennessee and ordinances of the County now in 

existence or hereafter promulgated are hereby adopted by reference as part of the Rules and 

Regulations of the Airport. 

3.08 DAMAGE INSPECTION: 

At the earliest opportunity, a damage inspection of any Airport facilities involved in 

an accident or incident shall be made by the Manager and the Aircraft or Vehicle 

Owner or Operator to determine the extent of damages to the field, facilities, or 

buildings of the Airport. Damages so sustained must be assessed as 

a claim against the Owner or Operator of the Aircraft or Vehicle by McMinn County. 

3.09 RESPONSmHITY FOR DAMAGES: 

Any person causing damage to, or destroying, public property of any kind, including buildings, 

fixtures, or appurtenances, whether through violation of these Rules and Regulations, or through any 

act or omission, shall be fully liable to McMinn Coimty. Any such damage shall be reported 

immediately to the Airport Manager. 

3.10 ACCIDENT REPORTS: 

Any person involved in an accident, whether personal, aircraft, or automotive, 

occurring on the Airport property, shall make a full report to the Airport Manager 

within ten days. The report shall include, but not be limited to, the names and 

addresses of all principals and witnesses, if known, and a statement of the facts. 
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3.11 NON-AVIATION STORAGE OF EQUIPMENT: 

Unless otherwise provided for by a lease or other contractual agreement, no person 

shall use any area of the Airport, including buildings, either privately owned or 

publicly owned, for the storage of cargo or any other property or equipment without 

pennission of the Airport Manager. If, notwithstanding the above prohibition, a 

person, firm, or corporation uses such areas for storage without first obtaining such 

permission, McMirui County shall have the authority to order the cargo or any other 

property removed, or to cause the same to be removed and stored at the expense of the 

Owner or consignee without responsibility or liability therefore. 
SECTION 4.PERSONAL CONDUCT 

4.01 COMPLIANCE WITH SIGNS: 

The public shall observe and obey all posted signs, fences, and barricades 

prohibiting entry upon the Airport Operations Area (AOA) or Restricted 

Areas or governing the activities and demeanor of the public while at the 

Airport. 

4.02 USE AND ENJOYMENT OF AIRPORT PREMISES: 

a. No person(s) singularly or in association with others shall by his, her, 

or their conduct or by congregating with others prevent any other 

person or persons lawfully entitled thereto fi-om the use and enjoyment 

of the Airport and its facilities or any part thereof, or prevent any other 

person or persons lawfully entitled thereto from passage from place to 

place, or tlyough entrances, exits or passageways on the Airport. 

b. It shall be unlawftil for any person to remain in or on any public area, 

place, or facility at the Airport, in such a manner as to hinder or 

impede the orderly passage in or through, or the normal or customary 

use of such area, place, or facility by persons or vehicles entitled to 

such passage or use. 

4.03 ENVIRONMENTAL POLLUTION & SANITATION: 

To the maximum extent possible, each person while on the Airport property 

shall conduct his/her activities thereon in such a manner as not to cause 

littering or any other form of environmental pollution. 

a. No person shall dispose of garbage, papers, refuse, or other forms of 

trash, including; cigarettes, cigars, and matches except in receptacles 

provided for such purpose. 

b. No person shall dispose of any fill or building materials or any other discarded 

or waste materials on Airport property except as approved in writing by McMinn 

County and no liquids shall be placed in storm drains or the sanitary 

sewer system at the Airport which will damage such drains or system 

or will result in environmental pollution passing through such drain 

or system. 

c. Any solid or liquid material which may be spilled at the Airport shall 

immediately be cleaned up by the person responsible for such 

spillage and reported immediately to the Airport Manager and in no 

case shall any refiise be burned at the Airport except as specifically 

authorized by the Fire Chief 

d. No person shall unnecessarily or uiu-easonably or in violation of law, 

cause any smoke, dust, fumes, gaseous matter or particulates to be 

emitted into the atmosphere or be carried by the atmosphere. 
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e. Any person discarding chemicals, paints, oils or any products, which 

may not if discarded in a routine manner, adhere to all applicable 

state, local, county, and federal laws and regulations. 

f All persons shall fiilly comply with the Airport Storm Water Pollution Prevention 

Plan 

4.04 FIREARMS AND WEAPONS: 

McMinn County reserves the right to restrict the carrying of firearms 

and weapons. 

a. For the purpose of this section, a firearm means any weapon, including a starter 

gun, which will, or is designed to or may readily be converted to expel a projectile 

by the action of an explosive; the frame or receiver of any such weapon; any 

firearm muffler or firearm silencer; any destructive device; or any machine gun. 

b. For the purpose of this section, a weapon means any dirk, metallic knuckles, 

slingshot, billy, tear gas gun, chemical weapons, electric we^on, or device or any 

other deadly weapon. 

c. No person shall discharge any firearm or weapon on the Airport except in the 

performance of official duties requiring the discharge thereof 

4.05 PRESERVATION OF PROPERTY: 

No person may destroy, injure, deface, or disturb any building, sign, equipment, marker, or 

other sfructure, or other property on the Airport. 

a. No person shall alter, add to, or erect any building or sign on the Airport or make 

any excavation on the Airport without prior written approval of McMinn County. 

b. Any person causing or being responsible for injury, destruction, damage, or 

disturbance at the Airport shall immediately report such incident to the Airport 

Manager. 

4.06 LOST AND FOUND AND ABANDONED PROPERTY: 

a. No person shall willfiilly abandon any personal property on the Airport. 

b. Any property, which has been determined by the Airport Manager to be abandoned, 

will be removed, stored, and/or disposed of at the Owner's expense and in 

accordance with appropriate Tennessee Statutes. 

c. Parking permit shall be displayed on vehicle's dash when parked longer than 24 

hours. All others may be towed at Owner's expense. Permits shall be obtained 

from Airport Manager free of charge. 
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4.07 ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES: 

a. No person under the influence of alcoholic beverages or drugs shall operate any 

Motor Vehicle or Aircraft on the Airport. 

b. No person, other than under competent medical supervision, shall consume any 

controlled substance on any part of the Airport. 

4.08 DISORDERLY CONDUCT: 

a. No person shall commit any disorderly, obscene, or indecent act, or commit any 

nuisance, or abandon any personal property within the Airport premises. 

b. No person shall throw, shoot, or propel any object in such a manner as to interfere 

with or endanger the safe operation or any Aircraft taking off from, landing at, or 

operating on the Airport or any Vehicle operating on the Airport. 

c. No person shall use profane or abusive language within any building, room, or area 

of the Airport designated for use by the public. 

d. No person shall knowingly or willfiilly make any false statement or report to 

McMiim County or its authorized representatives. 

e. No person shall smoke within 100 feet of any flammable material. 

f All persons shall conduct themselves in a professional and courteous manner. 
SECTION 5. FIRE AND SAFETY 

5.01 GENERAL: 

a. All persons using the Airport or the facilities of the Airport shall exercise the 

utmost care to guard against fire and injury to persons or property. 

b. All applicable County, State and NFPA codes, and standards and recommended 

practices now in existence or hereafter promulgated and not in conflict with 

Operating Directives of McMinn County or with Federal Aviation Regulations; 

are hereby adopted by reference as part of the Rules and Regulations of the Airport. 

In the event of conflict, NFPA codes and/or Federal Aviation Regulations shall 

prevail. 

5.02 FUELING OPERATIONS: 

a. AIRCRAFT ENGINES: 

Fuel servicing shall not be performed on a fixed wing aircraft while the engine is 

operating or being warmed by external heat or within the confines of any building. 

Combustion heaters on aircraft (e.g., vWng & tale surface heaters, integral cabin heaters) 

shall not be operated during fueling operations. 

No person shall start the engine of an Aircraft on the Airport if there is any gasoline or 

other volatile fluid on the ground within the vicinity of the Aircraft. 

b. AIRCRAFT FUEL DISPENSING 

1.1 Purpose 

1. Except as stated in these regulations, only an FBO contracted by McMinn 

County shall provide aircraft fiiel at the Airport. The FBO must possess a 

valid public aircraft fuel-dispensing permit. The FBO shall meet the 

regulatory requirements of equipment, operations and training as stated in these 

regulations and the code. 

2. There may be a need for a variety of ftiels and quantities an FBO may not stock 

due to business or other reasons. This section provides requirements for 

maintaining control of such aircraft refueling operations, and the issuance of a 

non-public aircraft fuel-dispensing permit. 

1.2 Fee and Taxes 

I. The fuel flowage fee shall be set by McMinn County. 

2. The permittee shall report any fiiel dispensed monthly and submit such 

report and the appropriate fuel flowage fees to McMinn County by the first 

of the subsequent month. 
16 

DISTANCE FROM BUILDINGS: 

Aircraft being fueled shall be positioned so that Aircraft fuel system vents or fuel tank 

openings are not closer than 50 feet from any terminal building, hangar, service building 

or enclosed passenger concourse other than a loading walkway. 

Fuel trucks, whether loaded or empty, shall never enter hangars nor shall they be 

parked unattended within a distance of 50 feet of hangars, paint and dope shops, fuel 

storage systems, or other critical installations. 

SPILLAGE: 

No fuel, grease, oil, dopes, paints, solvents, acid, flammable liquids or contaminants of 

any kind shall be allowed to flow into or be placed in any airport sanitary or storm drain 

system. 

Any persons, including the Owner or Operators of Aircraft, causing overflowing or spilling 

of fiiel, oil, grease, or other contaminants anywhere on the Airport, shall be responsible for 

expeditious notification to the Airport Manager of said spillage and will be held 

responsible for immediate cleanup of the effected area. When fijel spills occur, ftieling 

shall stop immediately. 

In the event of spillage, ftiel delivery devices and other vehicles shall not be moved or 

operated in the vicinity of the spill until the spillage is removed. A fire guard shall be 

promptly posted. 

FIRE EXTINGUISHERS: 

No person shall engage in Aircraft fueling or de-fiieling operations without 

proper and adequate fire extinguishing equipment readily accessible and 

operational at the point of fueling. 
17 

5.03 FUEL FARMS AND BULK FUEL INSTALLATIONS: 

a. All fiiel farms and bulk fuel installations shall conform to the appropriate 

National Fire Protection Association Standards, County Fire codes, federal, 

state, local laws, and any other specifications that may be issued by 

McMinn County. 

b. No fuel truck allowed unless for service to onsite fuel farm approved by 

McMinn County. 

c. There shall be NO SMOKING within one hundred (100) feet of a fuel farm 

or bulk fuel installation. 

d. Person(s) using fuel farms and bulk fuel installations shall ensure that such 

areas are kept free of weeds, grass, and shrubs. Said area shall be kept free 

of trash and other debris at all times. 

e. Fire extinguishers, as specified in the lease, shall be maintained in an 

accessible position, and in an operable condition, with an unexpired 

certification date by the operator. 

f. During loading and unloading of fuel at a fuel farm or bulk fiiel installation, no 

fueling or fuel transporting vehicle shall be left unattended. 

5.04 SMOKING: 

Smoking or carrying lighted smoking materials or striking matches or other 

incendiary devices shall not be permitted on Airport Apron areas, nor within 

100 feet of parked Aircraft, not during fueling or de-fueling, nor during the 

loading or unloading of fuel tank trucks or tank cars, nor within 100 feet of a 

flammable liquid spill, nor in any area on the Airport where smoking is 

prohibited by means of posted signs, nor in any hangar, shop or other building 

ill which flammable liquids are stored or used except in cases where, 

specifically approved smoking rooms have been constructed for that purp)Ose. 

5.05 OPEN FLAME OPERATIONS: 

Lead and carbon burning, fusion gas and electric welding, blow-torch work, reservoir 

repairs, engine testing, bullay Uioigiit^t and all operations involvingtpen flames shall 

be restricted to the repair shop section and isolated from the storage section of any 

hangar. 
18 

5.06 STORAGE OF MATERIALS: 

a No person shall keep or store material or equipment in such manner as to 

constitute a fire hazard or be in violation of applicable Count>', NFPA codes; 

Standard Operating Procedures, and/or Operational Directives of the Airport. 

b. Gasoline, kerosene, ethyl, jet fuel, ether, lubricating oil, or other flammable gases 

or liquids, including those used in connection with the process of "doping" shall 

be stored in accordance with the applicable County and NFPA Codes. 

c. No person shall keep, transport, or store lubricating oils on the Airport except in 

containers and receptacles designed for such purpose and in areas specifically 

approved for such storage in compliance with the applicable County Codes, and 

FAA regulations. 

5.07 HAZARDOUS MATERIALS: 

a No person shall, without prior permission from the Airport Manager, keep, 

transport, handle, or store at, in or upon the Airport any cargo of explosives or 

other hazardous articles which is barred from loading in, or for transportation by 

Civil Aircraft in the United States under the current provisions of Regulations 

promulgated by the Department of Transportation, the Federal Aviation 

Administration, or by any other competent authorit>'. Compliance with said 

regulations shall not constitute or be construed to constitute a waiver of the 

required notice or an implied permission to keep, transport, handle or store such 

explosives or other dangerous articles at, in or upon the Airport. Advance notice of 

at least 24 hours shall be given the Manager to permit full investigation and 

clearance for any operation requiring a waiver of this rule. 

b. No person may offer, and no person may knowingly accept, any hazardous article 

for shipment at the Airport unless the shipment is handled and stored in full 

compliance with the current provisions of the Federal Aviation Regulations. 

c. Any person engaged in transportation of hazardous articles shall have designated 

persormel at the Airport authorized and responsible for receiving and handling such 

shipments in compliance with the prescribed regulations. 

d. Any person engaged in the transportation of hazardous articles shall provide 

storage facilities, which reasonably insure against unauthorized access, or exposure 

to persons and against damage to shipments while at the Airport. 

5.08 ELECTRICAL EQUIPMENT AND UGHTING SYSTEM: 

a Electrical equipment and lighting systems used within hangars or maintenance shelters 

shall meet applicable NFPA Standards. No portable lamp assembly shall be used without 

a proper protective guard or shield over such lamp assemblies to prevent breakage. 

b. All power operated equipment or electrical devices shall be shut off when not in 

actual use. 
5.09 HEATING HANGARS: 

Heating systems or devices in any hangar shall only be approved systems or devices as listed 

by the Underwriters Laboratories, Inc., as suitable for use in Aircraft hangars and shall be 

installed in the manner prescribed by the Underwriters Laboratories, Inc. 

5.10 APRONS, BUILDING, AND EQUIPMENT: 

a. All persons on the Airport shall keep all areas of the premises leased or used by them 

clean and free of oil, grease and other flammable material. The floors of hangars and 

other buildings shall be kept clean and continuously kept free of rags, waste materials or 

other trash or rubbish. 

b. No person shall use flammable substances for cleaning hangars or other buildings on the 

Airport. Cleaning agents shall meet all Federal, State and Local codes, regulations, and 

permit requirements. All cleaning of buildings must be in compliance with the airport 

storm water plan. 

5.11 REPAIRING AIRCRAFT: 

a. Aircraft repairs in storage areas of hangars shall be limited to inspections and 

replacements of parts and repairs incident thereto, provided such repairs do not 

involve appliances using open flames or heated parts. 

b. The starting or operating of Aircraft engines inside any hangar is prohibited. 

5.12 DOPING, SPRAY PAINTING, AND PAEVT STRIPPING: 

a. The use of "dope" (cellulose nitrate or cellulose acetate dissolved in volatile 

flammable solvents) within any hangars is prohibited. The process of doping will 

be carried out as set forth in NFPA Standards. 

b. For paint, varnish, or lacquer spraying operations, the arrangement, 

construction, ventilation and protection of spraying booths and the storing 

and handling or materials shall be in accordance with NFPA Standards. 

5.13 FIRE EXTINGUISHERS: 

a. Fire Extinguishing equipment at the Airport shall not be tampered with at 

any time nor used for any purpose other than fire fighting or fire 

prevention. All such equipment shall be maintained in accordance with 

NFPA Standards. Tags showing the date of the last inspection shall be 

attached to each unit or records acceptable to Fire Underwriters shall be 

kept showing the status of such equipment. 

b. All tenants or lessees of hangars. Aircraft maintenance buildings, or shop 

facilities shall supply and maintain an adequate number of readily 

accessible fire extinguishers. Extinguishers shall conform to applicable 

NFPA Standards. 
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SECTION 6. AERONAUTICAL 

6.01 GENERAL RULES: 

a COMPLIANCE WITH ORDERS: 

All aeronautical activities at the Airport shall be conducted in compliance 

with the current applicable Federal Aviation Regulations, these Rules and 

Regulations, Standard Operating Procedures, and Minimum Standards, 

Directives/Resolutions issued by McMinn County. 

b. HOLD HARMLESS: 

The Aircraft Owner, pilot, agent, or his or her duly authorized 

representative agrees to release or discharge McMinn County, the Airport, 

its Board, its officers, and its employees of and from liability for any 

damage, which may be suffered by any Aircraft and its equipment, and for 

personal injurv' or death. 

c. NEGLIGENT OPERATIONS PROHIBITED: 

1. No person shall operate Aircraft at the Airport in a careless manner or in disregard of 

the rights and safety of others. 

2. All persons using the Airport shall be held liable for any property damage 

caused by carelessness or negligence on or over the Airport, and any Aircraft being 

operated, so as to cause such property damage, maybe retained in the custody of the 

Airport and the Airport may have a lien on said Aircraft until all charges for 

damages are paid. Any person liable for such damage agrees to indenmify fully and 

to save and hold harmless McMinn County, the Airport, its board, its officers, and 

its employees from claim, liabilities, and causes of action of every kind, character, 

and nature, and from all costs and fees (including attorney's fees) connected 

therewith, and from the expenses of the invesfigation thereof. 

d. DENIAL OF USE OF AIRPORT: 

The Manager or his/her authorized representative shall have the right at any time to 

close the Airport in its entirety or any portion thereof to air traffic, to delay or restrict 

any fliglit of other Aircraft operation, to direct refusal of takeoff permission to Aircraft, 

and to deny the use of the Airport or any portion thereof to any specified class of 

Aircraft or to any individual or group, when he or she considers any such action to be 

necessary and desirable to avoid endangering persons or property and to be consistent 

with the safe and proper operation of the Airport. In the event the Manager or his or 

her authorized representative believes the condition of the Airport to be unsafe for 

landings or takeoffs, it shall be within his or her authority to issue, or cause to be 

issued, a NOTAM (Notice to Airmen) closing the Airport or any portion thereof 
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e. An?.CRAFT ACCIDENTS OR INCIDENTS: 

The pilot or Operator of any Aircraft involved in an accident or incident on the Airport 

causing personal injury or property damage shall, in addition to all other reports 

required by other agencies, make prompt and complete report concerning said accident 

or incident to the Office of the Manager within 48 hours of the time the accident or 

incident occurred. When a written report of any accident or incident is required by 

Federal Aviation Regulations, a copy of such report may be submitted to the Manager 

in lieu of the report required above. In either instance, the report shall be filed to the 

Manager within 48 hours from the time the accident or incident occurred. 

f DISABLED AIRCRAFT: 

Subject to compliance with appropriate Federal Regulations, the Aircraft Owner shall be 

responsible for the prompt removal of all disabled Aircraft and its parts at the Airport, as 

reasonably directed by the Manager or his/her authorized representatives. In the event of 

Owner's failure or refusal to comply with removal orders, disabled Aircraft or any parts 

thereof may be removed by the Airport at the Owner's expense without liability to the 

Airport for any damage which may be 

incurred by the Aircraft Owner as a result of such removal. 

g. TAMPERING WITH AIRCRAFT; 

No person shall interfere or tamper with any Aircraft, or put in motion 

such Aircraft, or use or remove any Aircraft, Aircraft parts, instruments, 

or tools without positive evidence of permission of the Owner thereof. 

h. HAND PROPPING OF AIRCRAFT: 

Hand propping is not allowed unless there is no other means of starting 

Aircraft. Pilot will be solely responsible for liability resulting from this 

type of action. 
22 

6.02 AIRPORT OPERATIONAL RESTRICTIONS: 

a. GENERAL 

Unless contrary to Federal Policy Regulations, and/or Grant 

Assurances McMinn County shall have the authorit)' to designate or restrict 

the use of runways or other operational areas at the Airport with respect to 

but not limited to, the following types of operations: 

I Experimental Flights; . 

2. Equipment Demonstration; 

3. Air Shows; 

4. Aircraft Type; 

5. Compliance with FAR Part 36, Noise Standards: Aircraft Type and Ainvorthiness 

Certification 

b. TAKE OFFS AND LANDINGS 

1. Except for a Helicopter, which may operate from a helipad or other approved 

location, no person shall cause an Aircraft to land or takeoff at the Airport, 

except on a runway. 

2. No person shall cause an Aircraft to takeoff or land on or from an 

unserviceable nmway, or on or from any Ramp area or Taxiway. 

3. Persons landing an Aircraft at the Airport shall make the landing runway 

available to other Aircraft by leaving said runway as promptly as possible, consistent 

with safety. 

c. BALLOON OPERATIONS 

1. Balloon operators must contact the Airport Manager before their first 

operation of any balloon at the airport. 

2. Balloon pilots are required to have a radio and monitor Unicom on 

frequency 122.8. 

3. All FAA regulations pertaining to balloon flight must be followed. 

d. ULTRA-LIGHT VEHICLES 

Ultra-light vehicle operations are allowed only in areas specified by the Airport Manager 

and shall be in accordance with all current Airport Operational Directives. 
23 

c. GLIDER OPERATIONS 

All glider operations must be conducted in accordance with current Federal Aviation 

Regulations Part 91 and current Airport Operational Directives, and approved in advance 

by the Airport Manager. 

f KITES. MODELS. BALLOONS PROHIBITED 

No kites, model airplanes, tethered unmanned balloons or other objects 

constituting a hazard to Aircraft operations shall be flown on or within the 

vicinity of the Airport. 

6.03 TAXI AND GROUND RULES: 

a AIRCRAFT PARKING 

1. No person shall park an Aircraft in any area on the Airport except those 

designated. If any person uses unauthorized areas for Aircraft parking, 

the Aircraft so parked may be removed by the Airport Manager at the 

risk and expense of the Owner thereof 

2. No Aircraft shall be left unattended on the Airport unless it is in a hangar or 

adequately secured. Owners of such aircraft shall be held responsible for any 

damage resulting from failure to properly comply with this provision. 

J . Articles left in Aircraft are the sole responsibility of the Aircraft Owner/pilot. 

Theft or vandalism of said articles are not the County's responsibility. 

b. DERELICT AIRCRAFT 

1. No person shall park or store any Aircraft in non-flyable condition on Airport 

propert)', including leased premises, for a period in excess of ninety (90) days, 

without permission from the Airport Manager. 

2. No person shall store or retain Aircraft parts or components being held as inventor) 

anj'where on the Airport, other than in an authorized facility, or in a manner approved 

by the Airport Manager. 

3. Whenever any Aircraft is parked, stored, or left in non-flyable condition on the 

airport in violation of the provisions of this Section, the Airport Manager shall so 

notify the Owner or Operator thereof by certified or registered mail, requiring 

removal of said Aircraft within fifteen (15) days of receipt of notice, or if the Owner 

or Operator be unknown or cannot be found, the Airport Manager shall 

conspicuously post and affix notice to the said Aircraft, requiring removal of said 

Aircraft within fifteen (15) days from date of posting. Upon the failure of the Owner 

or Operator of the said Aircraft to remove said Aircraft within the period provided, 

the County shall have the Aircraft removed from the Airport. All costs incurred by 

the County in the removal of any Aircraft as set forth herein shall be recoverable 

against the Owner or Operator thereof 
24 

c. STARITNG AND RUNNING AIRCRAFT ENGINES: 

1. No Aircraft engine shall be run at the Airport unless a pilot or certified A&P 

(airframe and power plant) mechanic qualified to run the engine of that 

particular type Aircraft is at the controls. 

2. No person may run an engine of an Aircraft parked on the Airport in a maimer 

that could cause injur>' to persons or damage to any other property or endanger 

the safet>' of operation on the Airport. 

3. No Aircraft will be run-up or started up while under the roofline of a hangar, 

whether said hangar is enclosed or not. 

d. AIRCRAFT TAXIING: 

1. No person shall taxi an Aircraft on the Airport until he or she has ascertained 

that there will be no danger of collision with any persons or objects. 

2. All Aircraft shall be taxied at a safe and reasonable speed. 

3. All Aircraft operating on the Airport shall be equipped with wheel brakes in 

proper working order. 

4. Where taxiing Aircraft are converging, the Aircraft involved shall pass each 

other bearing to the right. 

5. No Aircraft shall be taxied into or out of any hangar under its-own power. 

6.04 ROTORCRAFT OPERATIONS RULES: 

In addition to all other Rules and Regulations contained herein, the following Rules 

shall apply to rotorcraft: 

a. Rotorcraft shall not be taxied, towed, or otherwise moved with rotors turning 

unless there is a clear area of a least 50 feet in all directions from the outer tips 

of the rotors. 

b. Rotorcraft Aircraft shall not be operated within 200 feet of any areas on the 

Airport where unsecured light Aircraft are parked. 
25 

6.05 USE OF T-HANGARS AND STORAGE HANGARS: 

a T-Hangars and Unit Storage Hangars shall not be used for any purpose that 

would constitute a nuisance or interfere in any way with the use and occupancy 

of other buildings and structures in the neighborhood of the leased premises. 

b. No Aircraft or Aircraft component shall be suspended or lifted utilizing the 

building or any component of the building. 

c. No alterations will be made to the hangar structure without written approval by 

McMinn County. Any alterations are subject to removal by McMinn County 

at tenant's expense, upon thirty (30) days written notice, for the purpose of 

repair, construction or other purposes deemed necessary by McMinn County. 

d No flammable materials or refuse will be stored or allowed to accumulate in 

hangars. 

e. Aircraft are not to be washed with running water in hangars. 

f No paint spraying will be permitted. 

g No tools, equipment, or material will be used in the hangars that could 

constitute a fire hazard. 

h. No smoking is permitted in T-Hangars and Aircraft storage hangars. 

(Reference Section 5.04) 

i. Tenants will exercise reasonable care to keep oil, grease, etc. off the floor. 

j . No signs will be erected or painted on the exterior or interior of T-Hangars or 

Aircraft unit storage hangars. 

k. No Aircraft or Vehicle is to be parked by T-Hangars or unit storage hangars, in such a 

manner as to block access to adjoining hangar spaces, causing inconvenience to other 

tenants or taxiing aircraft. 

1. The premises are for the private use of tenant and shall not be sublet for profit or used for 

any commercial purpose, including, but not by way of limitation, the sale of products or 

services of any kind, whether or not such sales are transacted for a profit. 
26 

SECTION 7. MOTOR VEHICLES 

7.01 GENERAL TRAFETC REGULATIONS: 

a. CLOSING OR RESTRICTING USE OF AIRPORT ROADWAYS 

The Owner, Manager, or his/her authorized representative is 

authorized to close or restrict the use of any or all Airport 

roadways to vehicular traffic in the interest of public safety. 

b. STORING. PARKING. OR REPAIRING VEHICLES 

No Motor Vehicle shall be stored, parked, or repaired on Airport 

property, except in areas so designated by the Manager or his/her 

authorized representative, except for minor repairs necessary with 

respect to a temporally disabled Vehicle. 

7.02 PROCEDURE IN CASE OF ACCIDENTS: 

The driver of any Vehicle involved in an accident on the Airport which 

results in injury to or death of any persons or property damage shall 

immediately stop such Vehicle at the scene of the accident and shall render 

reasonable assistance. The driver shall immediately, by the quickest means 

of communication, give notice of the accident to the applicable law 

enforcement agency and the Airport Manager. The driver of each vehicle 

involved shall fiirnish the name and address of the Owner and the driver of 

the vehicle, the Operator's license and vehicle registration and the name of 

the liability insurance carrier for the vehicle, to any person injured, the 

driver or occupant of the vehicle damage and to any police officer. 
27 

7.03 VEHICLE OPERATIONS WITHIN AIR OPERATIONS AREA: 

a PERMISSION 

No person shall operate any motor vehicle in the Air Operations Area without 

first obtaining permission for the operation of such equipment from the Airport 

Manager, 

b. RULES OF OPERATION 

1. No person shall operate a motor vehicle of any kind on the airport in a reckless 

manner, or in excess of the speed limits prescribed by the Airport Manager. 

Speed limits shall not exceed 15 mph on ramp, apron, in aircraft parking or 

hangar areas. 

2. Pedestrians and aircraft shall at all times have right of way over vehicular 

traffic. All vehicles shall pass to the rear of taxiing aircraft and shall pass no 

nearer than 20 feet horizontal distance from any wing or tail section of a 

parked aircraft. 

3. No persons operating a motor vehicle on the airport shall fail to give proper 

signals, or fail to observe the directions of posted fraflfic signs. 

4. No person under the influence of intoxicating liquor, narcotic or dangerous 

drugs shall operate a motor vehicle or aircraft on the Airport. 

5. No person shall operate any motor vehicle on the airport overloaded or 

canying more passengers than that for which the vehicle was designed. No 

person shall ride on the running board, standing up in the body of moving 

vehicles, or with arms or legs protruding from the body of motor vehicles other 

than crash, fire, and rescue vehicles designed for standing personnel. 

6. No vehicles shall be operated on the airport if so constructed, equipped, or 

loaded as to endanger persons or property. 

7. No person shall operate any motor vehicle without exhausts protected by 

screens or baffles to prevent the escape of sparks or the propagation of flame in 

any hangar on the airport. 
28 

PARKING 

1. No person shall park a motor vehicle for loading, unloading or any other 

purpose on the airport other than in the areas specifically designated for 

parking and in the manner prescribed by signs, lines, or other means. No 

person shall abandon any motor vehicle on the airport. No person shall park 

a motor vehicle in a manner as to obstruct roadways; nor in a manner, which 

could interfere with, or create a hazard for aircraft operations. 

2. Parking in designated public parking areas is open to all members of the 

public using the airport for a period of not more than 30 consecutive days. 

REPAIR OF VEHICLES 

No person shall clean or make any repairs to vehicles anywhere within the airport 

boundary, except minor repairs necessary to remove such vehicle from the airport. 
I ,••'• ' • •: ^' 2 9 

SECTION 8.PENALTIES 

8.01 CEASE AND DESIST ORDERS: 

The Airport Manager or his/her authorized representative may order any person to cease 

and desist any activities or conduct violating of or in noncompliance with the Airport 

Rules and Regulations. 

8.02 REMOVAL FROM OR DENIAL OR ACCESS TO AIRI^ORT: 

a. The Airport Manager or his/her authorized representative may order any 

person(s) who knowingly fails to comply with a cease and desist order removed 

from or denied access to the Airport. An order of removal from or denial of 

access to the Airport shall be issued by the Airport Manager or his/her 

authorized representative and written orders may be hand delivered or sent by 

certified mail to the person's last known address. 

b. Such order shall set forth the reasons for and dates on w hich removal or denial 

of access shall begin and end. 

8.03 REMOVAL OF PROPERTY: 

a. Law Enforcement may remove or cause to be removed from any restricted or 

reserved areas, any roadway or right-of-way, or any other unauthorized area or 

structure at the Airport, any property which is disabled, abandoned or which 

creates an operations problem, nuisance, security or safety hazard or which 

otherwise is placed in an illegal, improper, or unauthorized manner. Any such 

property may be removed or caused to be removed by Law Enforcement to an 

official impound area or such other area designated by the County. 

b. Any property impounded by the Airport shall be released to the Owner or 

Operator thereof, upon proper identification of the property, provided that the 

person claiming it pays any towing, removal, or storage charges any other 

accrued fees. McMinn County shall not be liable for any damage, which may 

be caused to the property or loss or diminutions of value, which may be caused 

by the act of removal. 
SECTION 9. MINIMUM STANDARDS FOR ALL FBO'S 

NOTGv The following shall apply to all prospective aeronautical service providers 

wiling to become FBO's at the McMinn Count) .Airport: 

1. Le^es shall be for a term to be mutually agreed upon between the 

partie^ith due consideration for the financial investment and the 

need to amortize improvements to the leasehold and in accordance 

with like opehuions on the airport. The County of McMinn will 

consider the currbqt Master Plan and ALP implications befor^ny 

lease is executed. 

2. A person shall have such AWtion business backgraiund and shall have demonstrated his 

business capability to the satisra^tion of McMion County, and in such manner as to meet 

the approval of the McMinn Couniy^irporntommittee. 

3. Any prospective FBO or SASO seeking toS^nduct aeronautical activity at the airport 

should demonstrate that they have aaequate resources to realize the business objectives 

agreed to by the McMinn Coumy Airport Cominihee and the applicant. 

4. The prospective FBO or S^^O shall maintain the centeNof operation in the McMinn 

County Airport terminal/ouilding and have representative operation personnel at the 

terminal building each^ay for the approved hours of operatic 

5. AH prospective EeO's or SASO's shall demonstrate to McMinn CWinly Airport 

Committee satisfactory evidence of insurance as specified within thespBO contract or 

criteria dociynents established for the position by McMinn County. 

C2. r ,CA>^ " 

0 

:5 

l> m 
3) 

SECTION 10. APPLICATIONS AND QUALIFICATIONS: 

10.01 SUBMllTAL INFORMATION 

NOTE: Demonstration of intent to conduct a business operation at the Airport shall be by 

application to the McMinn County Airport Committee. The written application shall 

contain at the minimum: 

a. The proposed nature of the business. A business plan may be used to express the 

proposed nature of the business. 

b. The signatures and legal names of all parties whose names are being submitted as 

owning an interest in the business or will appear on leases or other documents as being a 

partner, director or corporate officer and those who will be managing the business. 

c The name, telephone number(s) and address of the primar> contact person. 

d. A written authorization for the FAA, any aviation or aeronautics commissions, 

administrators, and departments of all states in which the applicant has engaged in 

aviation business to release information in their files relating to the applicant or its 

operation. The applicant will execute such forms, releases, or discharges as may be 

required by those agencies. 

e. Proof (copy or insurance company letter of intent) of !iabilit>' coverage for the business 

operation, flight operations, itinerant aircraft and operators and premises insurance. 

r. The number of persons to be employed including names and qualifications of 

management or supervisory personnel and whether they are to be full or part time 

employees. 

g. Such other infonnation as the McMinn County Airport Committee may require. 
10.02 ACTION ON APPLICATION 

NOTE: All applications will be reviewed and acted upon by the McMinn Count)' Airport 

Committee with 90 days from the receipt of the application. Applications may be 

denied for one or more of the following reasons: 

a. The applicant does not meet qualifications, standards and requirements 

established by these Minimum Standards. 

b. The applicant's proposed operations or construction will create a safety 

hazard on the Airport. 

c. There is no appropriate or adequate available space or building on the 

Airport to accommodate the entire activity of the applicant. 

d. The proposed operation. Airport development or construction does not comply with the 

approved Airport Layout Plan. 

e. The development or use of the area requested will result in a congesfion 

of aircraft or buildings, or will result in unduly interfering with the operations of any 

present fixed base operator on the Aiiport, such as problems in connection with aircraft 

traffic or service, or preventing free access and egress to the existing fixed base operator 

area, or will result in depriving, without the proper economic study, an existing fixed 

base operator of portions of its leased area in which it is operating. 

f. Any part) applying, or interested in the business, has supplied false 

information, or has misrepresented any material fact in the application or in 

supporting documents, or has failed to make full disclosure on the application. 

g. Any party applying, or having an interest in the business, has a record of 

violating the Rules, or the Rules and Regulations of any other Airport, 

Civil Air Regulations. Federal Aviation Regulations, or any other Rules 

and Regulations applicable to this or any other Airport. 

h. Any party applying, or having an interest in the business, has defaufted in the 

performance of any lease or other agreement with the Aiiport Authority or any lease or 

other agreement at an) other airport. 

i. Any party appl) ing, or having an interest in the business, is not sufficiently credit worthy 

and responsible in the judgment of the Campbell County Airport Committee to provide 

and maintain the btisiness to which the application relates. 

j . The applicant does not have the finances necessary to conduct the proposed operation for 

a minimum period of six months. 

k. The applicant has failed to make full disclosure in the application or supporting 

documents. 

1. The applicant has committed any crime, or violated any local ordinance rule or 

regulation, which adversely reflects on its ability to conduct the FBO operation for 

which it has applied. 
33 

SECTION 11.AIRCRAFT RENTAL 

a. The firm shall have available for rental, either owned, or under written lease to the 

company, the certified and currently airworthy aircraft that McMinn County has 

stipulated under contractual agreement with the firm. 

b. The firm shall have insurance t) pes and amourtts as required for this activity. 

SECTION 12.FL1GHT TRAINING 

a. The company shall have available for use in flight training, either owned or under 

written lease to company, proper!) certified aircraft. 

b. The company shall have at least one flight instructor who has been properiy certificated 

by the FAA to provide the type of training offered. 

c. The company shall have insurance t) pe and amounts as required for this activity. 

SECTION 13. COMMERCIAL SKYDIVING 

None permitted unless specifically appro\ ed under contractual agreement with McMinn 

County 

SECTION 14. AIRCRAFT FUELS AND OIL SERVICE 

Except as provided in a separate contractual agreement between the FBO and McMinn County, 

the FBO shall provide the following services and equipment: 

a. Grades of Fuel: 

1. 100 Leaded Octane Gasoline 

2. Jet A Aviation Fuel 

b. An adequate inventor)' of generally accepted grades of aviation engine oil and lubricants. 

c. Fuel dispensing equipment, meeting all applicable Federal, State, and Authority 

requirements for each type of fuel dispensed. 

d. Proper equipment for aircraft towing, inflating aircraft tires, washing 

aircraft windscreens, and recharging aircraft batteries. 

e. The safe storage and handling of fuel in conformance with all Federal, 

State, County requirements and fire codes pertaining to safe storage and 

handling of fuel. 
34 

f The lawful and sanitaiy handling and timely disposal, awa) from the Airport, of all solid 

waste, regulated waste, and other materials including, but not limited to. u.sed oil, 

solvents, and other regulated waste. The piling and storage of crates, boxes, barrels, and 

other containers will not be permitted within the leased premises. 

g. Permanent restroom facilities for personnel and customers. 

h. Auto parking for customers and employees. A flight planning area w ith 

appropriate seafing, work areas, communication facilities, directories and 

all items necessary for complete flight planning. 

i. A pilot lounge and waiting area for transition of air passengers to 

ground transportation and vice versa. 

). Adequate bonding wires will be installed, continuously inspected and 

maintained on all fueling equipment, to reduce the hazards of static 

electricity. 

k Shall ensure an adequate supply of properly located fire extinguishers and other 

precautions and/or equipment required by applicable fire codes is maintained and notify 

the Owner of deficiencies as soon as discovered if not contracluall) responsible for 

deficient resolution. 
SEC TiON 15. AIRCRAFT STORAGE 

Storage shall consist of the following: 

a. I he e\isfmg T-hangars shall be utilized for tenant's aircraft storage under contract lease 

t'igreenients for long tenn storage. 

h. The existing conventional hangars for short term storage may be utilized. 

c Ihe existing tie-downs may be utilized for over-the-night storage or as arranged through 

the Airport Manager agreement. 

SECTION 16. FBO SUBLEASING FROM ANOTHER FBO 

Prior to finalizing an agreement, the lessee or sub lessee shall obtain written approval of the 

Owner for the business proposed. Generally, the submittal for consideration should follow the 

format as presented in Section 10 of this document. 
36 

APPENDIX A 

TEMPORARY MOTOR VEHICLE ACCESS TO 

MCMINN COLTVTY AIRPORT 

AIR OPERATIONS AREA LOG 

Date Name Company 

' ^ '1 

Reason 

1 - _ „ -

J 

Authorized By End Date 
\ * 37 

APPENDIX B 

TEMPORARY MOTOR VEIUCLE ACCESS TO 

MCMINN COUNTY AIRPORT 

AIR OPERATIONS AREA FORM 

, representing is authorized access to 

(Name) (Company) 

the Air Operations Area with motorized vehicles: 

(License Numbers) 

(License Numbers) 

Authorization Dates: to 

(Date) (Dale) 

(Authorized By) 

(Date) 

(COPY MUST BE VISIBLE THROUGH FRONT WINDSHIELD WHEN IN AOA) 
195 County Road 552 

Athens. TTM 37303 

October 12, 2006 

John M. Gently, County Mayor 

6 West Madison Ave. 

Athens. TN 37303 

Dear Mr. Gentry: 

I have enjoyed working with you and the county commissioners while operating as the McMinn County Airport's 

FBO. The county's dedication and vision of the airport's economic impact on the community has not gone 

unnoticed. 

However, due to health concems, I have reached a tentative agreement with Athens Air, LLC for the sale of the 

remainder of the lease agreement between McMiim County, Tennessee, and Athens Air, Inc. Of course, any sale 

will be contingent upon written consent of McMinn Comity, as set forth in Article 6 of the lease agreement. 

Athens Air, LLC is owned and operated by Kristy Gentry and Taylor Newman. Both of these individuals learned 

to fly at the McMinn County Airport in the early 90's. They have since both earned degrees in Aerospace and are 

FAA certified flight instructors. Kristy is currently employeed as a corporate pilot and also works for me at 

Athens Air, Inc. She is also a FAA certified aircraft mechanic. Taylor is the owner of the FBO at the 

Swanee/FrankJin Coimty Airport. He also owns Crystal Air, an aircraft charter company, which would serve the 

McMirm County Airport. 

Due to my continuing health concems, I would appreciate an expeditious approval of Athens Air, LLC. I truly 

believe that the owners of this company have the dedication for the continued growth and success of the McMinn 

County Airport. 

Sincerely, 

William Johnson, President 

Athens Air. Inc. 
John M. Gentry 

County Mayor 

(DffCaE of tlzE. Counh j <::yl/{auox 

6 East Madison Avenue 

Athens, Tennessee 37303 Phone 

(423)745-7634 

October 19, 2006 

Chairman Crews, 

I am accompanying an Affidavit of Kinship with this letter which I request you provide to 

members of the Airport Committee in my absence. I wish to acknowledge my kinship 

with one of the partners of Athens Air, LLC, Ms. Kristy Gentry. Kristy is my first 

cousin. 

Due to the current Fixed Base Operator's desire to sale the remainder of his lease 

agreement with McMirm County to Athens Air, LLC, I believe it is pertinent I 

acknowledge this kinship. According to Section 4 of the current lease agreement, 

McMinn Coimty may declare the lease agreement null and void within lunety days of 

receiving the notice of intent to transfer or approve the lease transfer. 

It is not my intent to either favorably or unfavorably bias the Committee's response to 

Mr. Bill Johnson's request. In as much, I will not be providing a recommendation 

concerning this lease transfer. 

Respectfiilly submitted. 

John M. Gentry 

McMirm County Mavj 
Affidavit of Kinship 

I, John M. Gentry, McMinn County Mayor, do hereby disclose and acknowledge my 

kinship with one Ms. Kristy Gentry. Ms. Kristy Gentry is my first cousin, with our 

fathers being brothers of the same mother and father. 1 also acknowledge and disclose I 

do not, nor will I in the future, possess any material or immaterial mterest in Athens Air, 

LLC. 

John M. Gentry 

McMinn County Mayor 

Witness: 

Vance Baker, Jr, 

County Attorney 
Page Number 325 

McMinn County Commission 

Minutes - Regular Session 

November 20, 2006 

B. Comments by Commissioner Holbrook Concerning Earlier Comments by Ms. Haroldean Thompson 

Regarding Woods Hospital. 

In response to Commissioner Holbrook's question to the County Attorney asking if the County 

Commission has any authority to deal with Ms. Thompson's allegations, the County Attomey said that the 

Commission has no authority because Woods Hospital operates under a Private Act and authority rests 

exclusively with the Trustees of Woods Hospital. 

C. Airport Committee - Chairman Crews. Committee Chairman 

Chairman Crews said that the Airport Committee met on October 24, 2006 and based on that meeting, 

lie presented the following resolution to approve the transfer of the Airport Fixed Base Operator Management 

Lease due to Mr. Bill Johnson's health issues. 

Resolution No. 06-159 

A RESOLUTION TO APPROVE THE TRANSFER OF THE AIRPORT FIXED BASE OPERATOR 

MANAGEMENT LEASE 

WHEREAS, McMinn County Airport's Fixed Base Operator (Mr. Bill Johnson, DBA, Athens Air, Inc,) 

desires to leave his position due to health issues, and desires to sell the Fixed Base Operator Management 

Contract to Athens Air, LLC; and 

WHEREAS, according to its current contract, McMinn County can approve the transfer of the contract 

or declare the current contract void within 90 days; and 

WHEREAS, upon the recommendation of the McMinn County Airport Committee, McMinn County 

desires to approve Mr. Johnson's request to transfer the McMinn County Airport Fixed Base Operator contract 

to Athens Air, LLC. 

THEREFORE, BE IT RESOLVED BY THE MCMINN COUNTY BOARD OF COMMISSIONERS, 

MEETING IN REGULAR SESSION THIS THE 20"' DAY OF NOVEMBER, 2006, that this Commission does 

hereby approve the transfer and assignment of said lease between Athens Air, Inc. and Athens Air, LLC and 

authorizes the County Mayor to execute any and all documents necessary to consummate said assignment upon 

witness of the County Attomey. 

(Orig signed by John M. Gentry 

McMinn County Clerk 

Attest: 

(Orig signed by Evonne Hoback) 

County Clerk 

MOTION made by Commissioner Bob Powers, and seconded by Commissioner Millsaps, to approve 

this resolution. 

Motion carried by voice vote. 
December 19,2005 

Mr. John Gentry, 

Mayor, McMinn County 

McMinn County Commission 

Gentlemen. 

We commend the McMinn County Commission and McMinn County 

Mayor John Gentry for the commitment and Investment you have made to 

aviation by supporting major Improvements to the McMinn County Airport. 

We are appreciative of the improvements made in 1996 when a new 

tenninal and T-hangers were built, when the northern end of the runway was 

lengthened, and a taxiway to runway 20 was added. The recently completed 

construction of a lengthened artd widened runway and expanded taxiway 

enhances the safety of the airport for ail aircraft—fix>m the small general aviation 

planes to the larger multi-engine corporate aircraft. 

We regret the recent criticism of the expandsd ainway and the question of 

safety. We have found Mr. Gentry and the County Commission to t>e very 

responsive to matters pertaining to the airport, and sfiouid there be issues 

regarding safety, we are confident they will be handled in an appropriate manner. 

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

the state. We regret that upon the completion of this ^cpansion the 

accomplishment, has been overshadowed by negative criticism. As pilots who 

regularly use this airfield, we will continue to support arui promote this 

outstanding fedlity in a positive manner. 

/ 

Signed: 
Comments to McMinn County Commission 

December I'l 2003 

Gentlemen: 

On behalf of the entire membership of the Swifl Museum Foundation, Inc. and myself personally, 

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

about the current major improvements at our Airport. McMinn County Aiiport has always been one of 

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

planning dates all the way back to the early 60's, 

Now, with the oirreot major improvements, McMinn County has made a "Quantum Leap" forward. 

Our front door is open wide to the people and companies doing business in McMinn County and any 

investor considering doing business here. Adjoining counties must take a back seat— We are tops. 

The current improvements not only improve our function as an airport, but the saf^ of aU operations 

has been greatly improved as well. The 100 ft. width is absolutdy 'Tirst Class". We realize it was 

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

The parallel taxiways and runway extensions are so important to safety. Having a di^Iaced threshold 

on the south end is a big jimip safety-wise to the operators of heavy, hig^ performance airoaft in 

marginal weather. 

The additional runway length providing greater "accelerated-stop distance" in an emeiBency in any 

aircraft is of a value that cannot be measured in dollars and coits. When our lives and the lives of our 

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

Very sincerely, thanks again. 

As for the recent unsolicited and unjustified criticisai, please accept our apology, we do not 

concur neither were we consulted. 

Experienced pilots know some grade change in runway elevation is not unusual espedally with long 

runways. At Clevdand Hardvwck, only 3,500 ft. in lengtih, the grade change is such that aircraft on 

each end of the runway at the same time cannot see each other. It has been that way for 40 plus years. 

Rodcwood Airpon is another example. Years ago a DC-3 was abandoned ofiftbe end of the runway 

there. It was 3 days before it was noticed. 

It is common for those of us who travel to use many airports with some grade change and less than 

100% sighting of the surface. We don't agree with the recent criticism. In contrast, on Saturday 12-17-

05, two small low wing aircraft intentionally taxied to the end of McMinn County Airport runway 02 

wtiile the other taxied to the end of the taxiway at runway 20. We were pleasantly surprised to find we 

could still each see each other, in full view. When the low vdng Cherokee aircraft taxied onto the end 

of the new runway 20, it could still be seen, not full view but we could see each other. Larger aircraft, 

business jets, etc, would be looming large and cleaily in sight. 

We find the recent ^^unsolicited red flag waving*' to be unjust and overstated. 

(^/^ . 

Charles E. Nelson 

Swift Museum^undation, Inc. 
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 the last 23 three years. 

I would like to thank you for the opportunity to come before the airport committee 

today. 

I am asking for your help to resolve an issue, which took place on Thursday, July 

5. 

The basis of my 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 the then, current airport manager Bill Johnson, 

and asked to be placed on the hangar waiting list. 

Several months later, in passing, I asked Bill Johnson where I stood on the list. 

Returning from his office he indicated I was either 4"'or S"' on the list. 

In August of 2005,1 received a call from Mr. Johnson, airport manager, offering 

me the option of the use of one of the old hangers. The current occupant had 

sold a plane and the hangar was empty. It was being made available with the 

understanding that upon the purchase of a new aircraft the hangar to revert back 

to its prior occupant. I rented the hangar from September 1, 2005 to March 15, 

2006. 

During this 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 which the county would 

have been liable, as the county had been made aware of the problem prior to 

construction. 

Kenny Witt, along with others, and myself became proactive in our efforts to 

ensure the State of Tennessee accepted responsibility for the faulty design and 

to ensure they 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 closure of the 

newly constructed runway extension and new parallel taxiway, the two major 

components of the airport expansion project. 

While our actions had been successful, these same efforts resulted in threats 

and attempts at intimidation. This was an effort to silence the "critics" and to stop 

ongoing bad press surrounding the airport. 
Over the subsequent months, I spoke with County Mayor Gentry about hangars 

on at least three occasions. 

The first was on Monday, July 17, 2006 at the regulariy scheduled County 

Commission Meeting. Mr. Gentry had indicated that the Aeronautical 

Commission had passed the funding for the reconstruction project by one vote. 

Further, he indicated that none of the money earmarked for the new hangers was 

touched and that the repairs would be made with the new money allocated with 

the approval of this project. He added that the new project would start some of 

the site prep for the new hangers and hopefully construction for those might start 

within a year or so. I took the opportunity to remind John that I was on the list and 

appreciated his help in ensuring the money for the new hangars had not been 

spent on runway repairs. 

The Second opportunity was at another regularly scheduled County Commission 

meeting which occurred on Monday, October 16,2006 - Mr. Gentry and I briefly 

spoke about the airport and pending construction. I brought up the need for new 

hangers again, i expressed my hope that new hangars would be built and my 

desire to obtain one upon completion. 

On Tuesday, October 24, 2006 - This committee approved the transfer of 

contract from Athens Air Inc. to Athens Air LLC. 

A week or hvo after Athens Air LLC, took over, I went over to the airport with Mr. 

Jack Fanrell where I met, Taylor Newman. I mentioned that I had spoken to the 

County Mayor at the last commission meeting and it was my understanding that 

there was still a good chance we might get new hangers. He acknowledged my 

interest and implied that I was still on the list. There was no mention of a new list 

I spoke with Taylor Newman Again on Monday, February 26, 2007 - He 

acknowledoed he knew of my continued interest in getting a hangar. Again, there 

was no mention of a new list. / , i 

On Monday April 16,2007,1 spoke with County Mayor John Gentry at the ^•- I •^'^ [/ ^ ^ 

regulariy scheduled County Commission Meeting. Among other items, we , J-v' \i/{' 

discussed hangers and he was still hopeful that construction could begin V u 

sometime this year. I expressed my concern that my name may have been 1 \y^ 

accidentally lost from the waiting list with the change in airport management. ^ 

John was quite emphatic about the fact that he had possession of the list. In 

passing I remarked that was good because I had heard some rumors about the 

FBO starting their own "new" list. His comment was "I have the list and mv list is 

the only one which counts". 

While the County Mayor has been adamant about having possession of the 

"current" hangar list, I have recently discovered In conversation with Mr. Joe Guy, 

that the county has in fact not maintained the list for several years. 
On Thursday, July 5, 2007 - Kristy Gentry 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 him and asked why I had not been offered the hangar. Ms. Gentry 

informed him that the she had created a new list and that now he was at the top 

of the list. He later found out that I was now number six on this "new" list. 

Mr. Dodd has accepted the offer of the hangar. 

Over the past several months, I have begun preparation and training to advance 

my flying skills. As such, I recently began flying with Mr. Kenny Witt who was my 

flight instructor previously and with whom I had worked to obtain my license. 

Those who choose to continue to associate themselves with Mr. Witt, find 

themselves out of favor with the current airport management. 

It is my contention that through the actions of airport manager, Ms Kristy Gentry, 

Athens Air LLC has knowingly and willfully engaged in an act of discrimination 

against me. 

I have every expectation that our county government will not tolerate 

discriminatory actions from its own employees; however, it is not clear whether 

our county government holds its contractors, such as, Athens Air LLC to these 

same fundamental legal principles. 

I am asking the McMinn County Airport Committee to condemn and correct this 

discriminatory action. 

To this end, Athens Air LLC maintains control of a large maintenance hangar in 

addition to a smaller hangar where their training aircraft is located, i am asking 

that the Athens Air LLC be required to relocate the existing training aircraft to 

their maintenance hangar where it will be afforded the same protection found in 

its current location. Further, I am asking the Athens Air LLC be required to 

relinquish control of the smaller hangar and that hangar be immediately made 

available for the protection of nrjy aircraft. This compromise ensures the safety of 

each aircraft and corrects the discrimination, which took place on Thursday July 

5, 2007. 
w^m 

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 

COMMISSIONER GOVERNOR 

June 9, 2008 

William Keyes 

121 County Road 569 

Englewood, TN 37329 

Subject: Informal Dispute Resolution Process Regarding Your Complaint Letter, dated 

03/22/08 

Complaint in brief: Alleges that the McMinn County is in violation of Section IV, C-Sponsor 

Certification, paragraphs 19 & 22 of the Federal Grant Assurances. 

Dear Mr. Keyes: 

As you know from our previous letter of May 13, 2008, we have received the attached letter, 

dated April 29, 2008, in which McMinn County Mayor Gentry responded to the complaints 

mentioned in your letter of March 22, 2008. Following our review of Mayor Gentry's letter, we 

sent a follow-up request to Mayor Gentry asking him to take further steps to ensure the airport 

committee members and management become familiar with certain key Federal government 

documents relating to the complaint issues. His second response is also attached in the form of a 

follow on letter we received on May 27, 2008. In that letter, he indicates that he has or intends to 

take the following actions: 

1) Ensure that the McMinn County Airport Committee members receive a copy of the Terms 

and Conditions of Accepting Airport Improvement Program Grants with special attention 

given to Section IV, C-Sponsor Certification, paragraphs 19 & 22 of the Federal Grant 

Assurances. 

2) Ensure that both the airport committee and fixed base operator receive a copy of the FAA 

Advisory Circular AC 150/5190-6, Exclusive Rights at Federally-Obligated Airports. Special 

attention will be directed at the recognition that it is the activity, and not necessarily the 

airport sponsor's intent, that constitutes an exclusive rights violation. 

3) Ensure that the fixed base operator is familiar with the duties and responsibilities for 

requesting issuance of a NOTAM. 

4) Ensure that the airport committee is directly involved in maintaining a waiting list for 

hangar space. The waiting list for the new t-hangars will adhere to the lease procedure and 

the FBO has agreed to honor the procedures for the "old" t-hangar. Waiting list for the thangars, showing any additions or deletions, will be posted in a public area of the airport 

terminal. 
Mayor Gentry 

Page 2 

June 9, 2008 

In Mayor Gentry's April 29, 2008 letter, he explains the circumstances surrounding each specific 

complaint and in his May 22, 2008 letter, he takes several steps toward ensuring that, in the 

future, many, if not all, issues involved in this complaint can and will be better managed. Given 

that you now rent hangar space and considering Mayor Gentry's responses and pending 

corrective actions, it appears a "good faith effort" is being made to address your complaints. 

Therefore, unless we hear differently from you in the next 30 days, we will consider this matter 

as being resolved. 

Sincerely, 

Harold G. Oliphant Oliph , Jr. ^ 

Transportation Plaimer 3 

Cc: Mayor John M. Gentry, McMinn County (w/o attachments) 

David Crews, Chairman (w/o attachments) 

Mike Thompson, FAA-MEM-ADO (w/attachments) 
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 

COMMlSSIONfiK GOVERNOR 

July 24, 2008 

William Keyes 

12] 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 McMinn County is in violation of Section IV, C-Sponsor 

Certification, paragraphs 19 & 22 of the Federal Grant Assurances. 

Dear Mr. Keyes: 

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 that it appears 

you are nan-owing 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 

infoiTned 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 Aiiport specifically will take some time. In the meantime, we will take no further 

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, 

Harold G. Oliphant, Jr. 

Transportation Plamier 3 

Cc: Mayor John M. Gentry, McMinn County 

David Crews, Chairman 

Mike Thompson, FAA-MEM-ADO 
rp)l(D[ED¥0 

Lr\AijLgL_i2S_ 

September 8, 2008 

McMinn County Courthouse 

6 East Madison Ave 

Athens, TN 37303 

Attn: County Mayor John Gentry 

Dear Mayor Gentry, 

This is a follow-up regarding the implementation of recommendations put forth in 

my March 22, 2008 letter. 

During our July meeting, at your request, 1 agreed to suspend action on my 

pending complaint until the first of September, providing you the opportunity to 

consider these recommendations and solicit additional input from the Tennessee 

Aeronautical Division. 

With the expiration of this grace period, I am now requesting your decision 

regarding the implementation of the March 2008 recommendations. 

Given the time sensitive nature of these issues, I would appreciate your reply by 

Friday, September 12, 2008. 

Respectfully, 
John M. Gentry 

County Mayor 

Off Las of iks, Gounhj ^^Mpnox 

6 East Madison Avenue 

Athens, Tennessee 37303 Phone 

(423) 745-7634 

September 12,2008 

Mr. Bill Keyes 

121 County Road 569 

Athens, TN 37303 

Dear Bill, 

Per your request for an update, the following has occurred. 

1. Airport Rules and Regulations are being vmtten, which will incorporate minimum 

standards and security plans. Tennessee Aeronautics Division has been helpful providing 

examples. The Airport Committee agreed to support these initiatives. 

2. T-hangar rental policies were formally adopted by the Coimty Commission. 

3. Airport Committee members and FBO attended Airport Conference training. 

4. T-hangar waiting list has been publicly posted along with the selection procedures. 

5. The Airport Committee was notified of the 90 day "Intent to not Renew" notice clause 

in the FBO contract. The committee did not want to exercise the option to not renew due 

to the policy changes to be implemented in the future. The future rules and regulations, 

minimum standards and manager guidelines will be substantive and should be in place 

when and if a new request for proposal is solicited for FBO services. A business model 

also needs to be conducted in the fiiture to determine if it would be advantageous for 

McMinn County government to assume FBO functions. The committee had an overall 

favorable position concerning the FBO's performance. 

These items were discussed at the July 18"' meeting of the Airport Committee. 

is the information you requested. 

I trust this 

Sincerely, 

,0in. I 

Jbhn M. Gentry 

'McMinn County Mayor 

Cc: David Crews, Airport Committee Chairman 
GERALD F. NICELY 

COMMISSIONER 

STATE OF TENNESSEE 

DEPARTMENT OF TRANSPORTATION 

AERONAUTICS DIVISION 

P.O. BOX 17326 

NASHVILLE, TENNESSEE 37217 

(615) 741-3208 

FAX (615) 741-4959 

September 24, 2008 

PHIL BREDESEN 

GOVERNOR 

William Keyes 

121 County Road 569 

Englewood, TN 37329 

Subject: Informal Dispute Determination Regarding Your Complaint Letter, dated 

03/22/08 

Complaint in brief: Alleges that the McMinn County is in violation of Section IV, C-Sponsor 

Certification, paragraphs 19 & 22 of the Federal Grant Assurances. 

Dear Mr. Keys: 

This letter acknowledges the receipt of your letter dated September 16, 2008 in which you express your desire to 

discontinue the informal dispute resolution portion of you complaint process (Part 13) and move forward to the 

formal Part 16 process. 

A brief summary of the correspondence events in this process is as follows: 

We received a letter, dated April 29, 2008, in which McMinn County Mayor Gentry explained the circumstances 

surrounding each specific complaint mentioned in your letter of March 22, 2008. Following our review of Mayor 

Gentry's letter, we sent a follow-up request to Mayor Gentry asking him to take further action relating to the 

complaint issues. In his May 22, 2008 response to our letter, he takes several steps toward ensuring that, in the 

future, many, if not all, issues involved in this complaint can and will be better managed. 

Considering that you now rent hangar space and the Mayor Gentry's responses, and your meeting with the Mayor 

and Mr. Crews on July 2, 2008, it was our hope that the "good faith effort" being made to address your complaints 

would have resulted in some kind of resolution to this matter. 

Based on the above statements and your decision to discontinue with the informal part of the process, our 

evaluation of your allegations is concluded. 

You may file a written formal complaint under FAR Part 16, Subpart B, Rules of Practice for Federally Assisted 

Airport Proceedings. It may be sent to: 

FAA Headquarters 

Office of Chief Counsel, AGC-1 

800 Independence Avenue, S.W. Room 900E 

Washington, DC 20591 

Sincerely, 

Harold G. Oliphant, Jr. 

Transportation Planner 3 

a^Jr^y^ 

Cc: Mayor John M. Gentry, McMinn County 

David Crews, Chairman 

Mike Thompson, FAA-MEM-ADO