PARIS, IL. (ECWd) –
The Edgar County Airport Advisory Board held a meeting on February 9, 2015 at the airport.
During the public comment session, at about the 2:20 mark in the audio, Mr. Rob Bogue talks to the airport advisory board about their response to his FOIA request, and the fact that some people think they are special and do not need to provide a copy of their insurance policy to the airport like the lease demands.
Around the 7:27 mark is where Chris Patrick tries blowing smoke to the board about why he won’t provide a copy of his insurance certificate to the airport. He blamed it on Rob Bogue and flat-out lied when he stated that Rob Bogue called Jerry Newlin’s insurance company and told them not to pay off the insurance claim. That never happened and it appears Chris Patrick can’t quit lying even when he’s not on the board.
Chris then reads from some “Airport Manager’s Handbook” that the County has never adopted even after Chris attempted to present it and approve it all at the same meeting before he resigned as chairman (even though it was fine not to have it for the 20+ years prior when he was the airport board chairman), about exclusive use of the main hangar not being allowed, however, there are exceptions to that rule and he failed to mention them. Additionally, I believe this comment was simply another step in Patrick’s and Heltsley’s attempts at running yet another rent paying leaseholder from the airport simply because they want to.
Audio of the meeting is below:
Interestingly we find that the language in the FAA Airport Compliance manual is quite different than what Patrick would lead people to believe, nor is the language found in the FAA Grant Assurance 23 Document the same as what he read to the board. As if that is not enough, Advisory Circular (AC) 150/5190-6, Exclusive Rights at Federally Obligated Airports is yet another FAA document that is quite different than what Patrick presented. In an effort to be thorough, we reviewed and linked to all applicable FAA and CFR codes and once again, Patrick is wrong!
- FAA Airport Compliance– Since 1938, there has been a statutory prohibition on exclusive rights 49 U.S.C. § 40103(e) “A person does not have an exclusive right to use an air navigation facility on which Government money has been expended.”
- Air Navigation Facility Defined (40102- (4) ‘‘air navigation facility’’ means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) a light; (C) Apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electro-magnetic communication; and (D) another structure or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft. (None of those definitions apply to the hanger lease Patrick wishes to question)
- FAA Grant Assurance 23 – Exclusive Rights “It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public”. (there is not Exclusive right for the use of the airport issued to anyone)
49 U.S.C. § 40103(e) No Exclusive Rights at Certain Facilities. “A person does not have an exclusive right to use an air navigation facility on which Government money has been expended”. (Once again, there is not exclusive right granted to the hanger lease holder. The hanger is not an air navigation facility as defined by federal law.)
- Advisory Circular 150/5190-6 – “A person does not have an exclusive right to use an air navigation facility on which Government money has been expended.” (An“air navigation facility” includes, among other things, an airport.See “Definitions” at 49 U.S.C. § 40102.) (see definition link above)