John M. Gentry 

County Mayor 

Offi^ oft L County ^oyo T 

6 East Madison Avenue 

Athens, Tennessee 37303 Phone 

(423) 745-7634 

February 12, 2009 

FAA: Office of the Chief Counsel 

RoomtS^'" ^ ^^ '^''^°'^ Proceedings Docket (AGC-610) 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, D.C., 20591 

Re: Docket No. 16-08-13 

Dear Mr. Cross, 

€(EEW 

ranin, 

PARTie DOCKETS 

fohn M. Gentry 

McMinn County S^layor 

—H 

-I.J 
ANSWER AND MOTION TO DISMISS 

McMinn County offers the following Answer and Motion to Dismiss in response to the 

14 CFR Part 16 complaint filed by Mr. Dewitt T. Ferrell, Jr. and docketed by the Federal 

Aviation Administration, Office of Chief Counsel as Docket No. 16-08-13. 

McMinn County received this complaint on January 26,2009. 

Complaint 1: McMinn County has violated Section IV, Assurances, C-Sponsor 

Certification, Paragraph 22-Economic Discrimination of the Terms and Conditions of 

Accepting Airport Improvement Program Grants 

While Mr. Ferrell is not explicitly or concisely clear in his complaint how McMinn 

County violated this grant assurance we assume it revolves primarily aroimd the current 

FBO, Athens Air, LLC, not renting the company plane to Mr. Kenny Witt and himself to 

conduct a bi-annual flight review. Mr. Ferrell makes other accusations, such as not being 

personally invited to public airport functions and being removed from a private 

company's email list. We request clarification how these would violate federal grant 

assurances if they were accurate. The FBO does not sponsor regular monthly safety 

meetings. 

Our assumption that his complaint is centered on the plane rental situation is taken fi^om 

his attached open letter to the County Commission, as it is not actually listed in his 

December 22,2008 complaint to the FAA. The actual letter to the FAA provides a 

narrative on a litany of issues involving the past runway extension project, rather than a 

distinctive alleged action corresponding directly to the violation charge. The claims of 

alleged discrimination he does make in the letter involve other parties and not the 

claimant. We challenge whether Mr. Ferrell's complaint meets the rules of procedure for 

filing a Part 16 Complaint. 

Mr. Ferrell's contributions to this country are appreciated and his accomplishments 

applauded. We are somewhat disturbed he would equate his past battles with North 

Korean and Chinese communist regimes to a private company's policies involving the 

renting of aircraft to conduct bi-annual flight reviews. It is ironic Mr. Ferrell resides in 

McMinn Coimty, Tennessee, home of the infamous "Battle of Athens," where in 1946 

citizens rose in arms to overthrow their local government. The freedom loving actions of 

this community changed how local governments were later organized for the entire state 

of Tennessee. If there ever was a corrmiunity that does not tolerate tyraimy of small town 

America, it is this one. 

We believe Mr. Ferrell's letter is erroneous on numerous premises. McMinn County 

never refused to execute FAA orders. Delays only occurred when the drawings for the 

nmway and taxiway closing markings had to be submitted, approved and ultimately 

executed. McMinn County had to work with the FAA and the Tennessee Aeronautics 

Division to ensure proper closings. The complainant's perception of an ignored FAA 

order seems confiised with the responsible actions used by McMinn County when closing 

portions of its nmway and taxiway. 
We again deny, as we filed in Docket No. 16-08-12, that there have been any willfiil acts 

of discrimination on behalf of McMinn County or its contracted FBO, Athens Air LLC, 

against Mr. Ferrell, Mr. Keyes or Mr. Witt. When Athens Air LLC was contacted by 

McMinn County concerning Mr. Ferrell's complaint about the rental of one of their 

planes, we were told Mr. Witt was not listed on their insurance policy to fly their plane as 

he was not one of their contracted employees. Mr. Witt was not and never was an 

employee of Athens Air LLC. He was a contract flight instructor for the former FBO Bill 

Johnson before Mr. Johnson terminated Mr. Witt's services. This allegation and answer 

were made at a public meeting of the McMinn County Commission. The Commission 

found the explanation to be plausible and took no corrective action on the claim. As a 

matter of note, McMinn County does not require the FBO to offer plane rental or flight 

instruction services. 

Also, as stated in the Answer to Docket No. 16-08-12, Kenny Witt never has been, nor is 

he currently barred from the use of the McMinn County Airport. We demand written 

proof of this false claim. 

THEREFORE, this allegafion is DENIED. 

Complaint 2: McMinn County has violated Section TV, Assurances, C-Sponsor 

Certification, Paragraph 19- Operation and Maintenance 

Mr. Ferrell does not offer any specific instance in his December 22, 2008 complaint to 

support this alleged violation. We do not know what instance we are requested to 

explain. It can be deduced that Mr. Ferrell refers to the same allegation included in Mr. 

Keyes complaint found in Docket 16-08-12. This was the delayed issue of a NOT AM 

concerning a damaged PAPI light. If so, we offer the same response and DENY the 

allegation. 

FOLLOWING IS THE ANSWER OFFERED TO MR. KEYES' ALLEGATION 

IN FAA DOCKET 16-08-12 

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 malfunction 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 malfunctions 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 County cited for violations due to the PAPI operations. 

McMinn County has never failed to act regarding the PAPI's malfunctions. 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 malfunction and the FBO 

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

Issuing NOTAMS, to ensure a proper NOTAM is issued when conditions affect 

aeronautical use of the airport 

Therefore, this allegation is DENIED. 
MOTION TO DISMISS 

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

respectfully 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. It is McMinn County's position the Complainant does 

not siifficiently define the specific actions on which his grant assurance violation claims 

are based. 

EXHIBITS 

1. McMinn County Response to Mr. Ferrell's Part 13 Informal Dispute Resolution 

Request. 

2. Athens Air, LLC Aviation Insurance Binder/Confirmation of Coverage 

(insured pilots' personal information withheld for confidentiality) 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on February 12, 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 

Dewitt T. Ferrell, Jr. 

P.O. Box 206 

Athens, TN 37303 

Mr. David Crews 

Chairman, McMinn County Commission 

Chairman, McMinn County Airport Committee 

McMinn County Courthouse 

6 E. Madison Avenue 

Athens, TN 37303 

John M. Gentry 

McMinn Coimty Mayor 

6 East Madison Avenue 

Athens, TN 37303 
(Dlj-Lca of iks, Countu ^^A/{cUjo% 

T«K« \/f r'^,,*^,, 6 East Madison Avenue „. 

John M. Gentry . , ^ ^^^ Phonp 

County Mayor Athens, Tennessee 37303 ^^23) 745-7634 

June 20,2008 

Mr. Harold G. Oliphant, Jr. 

Transportation Planner 

Division of Aeronautics 

TDOT 

P.O.Box 17326 

Nashville, TN 37217 

Re: Mr. DeWitt Ferrell's Letter of Complaint 

Dear Mr. Oliphant, 

Thank you for the opportunity to address the Request for an Informal Dispute Resolution 

requested by McMinn County resident DeWitt (Jack) Ferrell. I received your letter and 

attachments on May 29, 2009. This letter of complaint is apparently associated with the 

previous letter of compliant filed with your office by Mr. William Keyes a few months 

ago, in which letter Mr. Keyes referenced Mr. Ferrell. 

McMinn County's response to Mr. Ferrell allegations will likewise be similar to the one 

submitted in response to Mr. Keyes' letter. As a partner in the McMinn County Airport 

improvement projects cited in Mr. Ferrell's letter, the Division of Aeronautics (TAD) is 

well aware of the difficulties endured by all parties during the initial construction process, 

as well as during the correction of the line of sight issue. Somewhat complicating the 

matter was the loss of our fixed base operator, Mr. Bill Johnson (operating as Athens Air, 

Inc.) to cancer during this period. Mr. Johnson was beloved by fellow pilots and many 

were very protective of Bill as he bravely battled his disease while maintaining his 

position as FBO. The current contracted FBO is Athens Air, LLC. 

I will do my best to address the allegations of which 1 am familiar, as some of those cited 

occurred during the decedent's management term. I have spoken with the management 

of Athens Air, LLC concerning these allegations as well. As I read Mr. Ferrell's letter 1 

understand his issues to be the following: 

A) McMinn County violated Section IV, C-Sponsor Certification, Paragraph 19-

Operation and Maintenance, when Mr. Ferrell was allegedly told by an 

employee of Athens Air, Inc. ".. .you will no longer be welcome at the McMinn 

County Airport." 
Page 2 

Response If this incident did occur, it did so under the management of the 

deceased and cannot be verified or corrected. The gentleman referenced by the 

name "Ray" in Mr. Farrell's letter was a relative of the former FBO, who I 

understand gave his time to help Mr. Johnson during the latter stages of his cancer 

treatment before the management contract was ultimately transferred to Athens 

Air, LLC. "Ray" is not a current employee of Athens Air, LLC or a McMinn 

County resident. 

As stated in the response to Mr. Keyes' letter, I reiterate, McMinn County will 

never knowingly tolerate discrimination or the threat of physical harm to persons 

or property. McMinn County desires the airport's patrons to find the facility to 

be managed in a welcoming and accommodating manner. Contradictory to Mr. 

Keyes and Mr. Ferrell's allegations, I believe the airport enjoys a favorable 

reputation for its accommodating atmosphere. If Mr. Ferrell's personal property 

was vandalized in any manner or his health threatened in any way, I would 

strongly recommend and support law enforcement to be contacted for a proper 

investigation due to the criminal nature of the allegations. 

B) McMinn County allegedly violated Section IV, Assurances, C-Sponsor 

Certification, Paragraph 22-£cononiic Nondiscrimination of the Terms and 

Conditions of Accepting Airport Improvement Program Grants when rental 

of Athens Air, LLC's Cessna 172 was denied. 

Response: The allegation involves the renting of aircraft by Mr. Ferrell from 

Athens Air, LLC, for a biannual flight review, with Mr. Kenny Witt as Mr. 

Ferrell's flight instructor. When this incident was brought before the McMinn 

County Commission last year, Athens Air, LLC management stated the reason for 

the denial of aircraft rental was due to Mr. Ferrell's flight instructor not being 

listed on their Aircraft Insurance Policy, as he was not a contract employee of 

Athens Air, LLC. Athens Air, LLC stated they offered to rent their plane to Mr. 

Ferrell for a biannual review with one of their insured instructors conducting the 

flight review. Mr. Ferrell did not accept the offer. The McMinn County 

Commission accepted this explanation as valid and did not request any corrective 

action be taken. 

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

grant assurances listed or not hsted by Mr. Ferrell. 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. We are appreciative and respectful of the state and federal financial assistance we 

have received to improve our airport. We ask TAD to review McMinn County's 
Page 3 

compliance history and believe you will find us to be faithful stewards of the resources 

awarded to us. 

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

anyone. We regret Mr. Ferrell and/or any of his associates feel they have been targeted 

for retribution by McMinn County and/or its airport management. It simply is not so. It 

is my humble opinion they must separate the perceived opposition fi-om private citizen 

pilots' from their claims of sanctioned government discrimination. 

Please accept this letter as McMinn County's response to Mr. Ferrell's Request of for an 

Informal Dispute Resolution. If any additional information or explanation is required, 

please feel free to contact me. 

Sincerely, 

'ohn M. Gentry 

McMinn County Mayor 

xc: David Crews, McMinn County Airport Committee Chairman 

Vance L. Baker, Jr, McMinn County Attorney