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Unalienable Rights Foundation - PENINSULA AIRPORT DIRECTOR BOOTED? SOURCES MUM ON FATE OF HEAD OF TROUBLED AIRPO
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Welcome to Unalienable Rights Foundation!


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 PENINSULA AIRPORT DIRECTOR BOOTED? SOURCES MUM ON FATE OF HEAD OF TROUBLED AIRPO

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PENINSULA AIRPORT DIRECTOR BOOTED? SOURCES MUM ON FATE OF HEAD OF TROUBLED AIRPORT!

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"Fantasy Park" Ramp never used until VNS wrote a story about it

 

NEWPORT NEWS (June 11, 2008) - - The executive director of the long-troubled Newport News-Williamsburg International Airport has been replaced with an acting director, without public announcement or fanfare.

James R. Smith, brought in to shore up a flagging little airport in 1992, left his job last Tuesday, sources told Virginia News Source, and Mark Falin, airport manager, has been named acting director.

Neither Falin nor Ed Maroney, X-Newport News City Manager and now chairman of the Peninsula Airport Commission (PAC), the airport's governing body, returned calls seeking comments on reports that Smith was forced out.

[Edtor's note: Maroney called VNS Thursday morning to respond to queries about Smith:

[Maroney denied that Smith, 63, who as recently as last year said he planned to remain in the job a couple more years before retiring, was forced out.

[Maroney described his departure as "being mutually agreeable" between the PAC and Smith.]

The airport is embroiled in numerous legal disputes that could cost it settlements in the millions of dollars over charges of discrimination, abuse, and unfair treatment of tenants that are working their way through the Newport News Circuit Court.

Numerous additional actions against the airport are pending the court's ruling.

Run more as a private club, or fiefdom, than a transparent quasi-governmental agency, its troubles began in 2006 when a VNS investigation reported that the PAC had 'run off' Newport News building inspection officials because they were too strict in overseeing construction of two new buildings.

The airport then appointed Falin, the airport manager, to serve as its own building inspector. That was legal, except that Falin was not qualified under state law for more than a year to be conducting such inspections. He has since been certified. PAC called in specialists, such as concrete consultants, to oversee complex building aspects outside Falin's competency. (See: Peninsula Airport buildings may have been illegally built)

In Oct. 2006, VNS reported that taxpayers and other airports in Virginia had been ripped off for a $28 MILLION 'fantasy-park' ramp built ostensibly for a 2003 Aviation World's Fair that had sat unused for more than 3-years without ever being used even for 1-minute for aviation purposes. (See: Rip off ramp has never served an aviation purpose - not even for parking aircraft).

When asked by VNS about statements made by other aviation officials that he entered the deal with the state the Aviation Worlds Fair to get the $28 MILLION ramp funding and then sabotaged the air show so he could convert the funds to his own airport use, Smith did not deny the allegations. The Aviation Worlds Fair was never held.

VNS' investigation did uncover that Falin had used taxpayer-owned resources - the 'fantasy' ramp, computers, and Internet - to promote and host his own Mustang Club car shows without cost to attendees, sources said. (See:Airport manager using government property for private use)

Although VDOT had fired numerous employees for personal use of computers on government time, no action was taken against Falin.

And apparently to prove the ramp was being used, local police agencies used the $28 MILLION ramp last year for driver's training and the Presidential aircraft was parked on it once since 2003.

In one of multiple disputes with airport tenants, Smith forced Rick Aviation Inc. (RAI) to evict Hampton University's aviation training school. It had been hosted in RAI's facilities, but when the PAC changed the rules, RAI had no choice, but evict the school to remain a tenant. (See: Peninsula Airport forced eviction of Hampton University)

Smith also tried to evict Airborne Tactical Advantage Co. (ATAC) - a tenant with a military contract to train 'Top Gun' pilots - saying airport officials weren't aware they were even tenants of the airport. Yet prior to that action a front page feature story about ATAC was on the front page of the Peninsula's Daily Press newspaper. (See: Peninsula airport's action designed to drive defense contractor out of business)

ATAC went to court and the airport lawyer, Herbert Kelly Jr. got Circuit Court Judge C. Peter Tench to hear the case and he ruled against ATAC.

Problem was, however, Tench acted illegally because he was a former employee of Kelly's law firm. With lightening speed and almost unprecedented action, the Virginia Supreme Court reversed Tench, slapping his and Kelly's judicial hands.

At least since 2005 numerous regulatory investigations have been requested of the Federal Aviation Administration by tenants in addition to the state court actions.

The Virginia Beach-based Unalienable Rights Foundation (UARF) filed numerous Freedom of Information Act requests for financial and other records of the airport.

The airport has 'stone-walled' the FOIAs and UARF has put the issues on hold while other legal maneuvers are being refined.

For example, the PAC members, for the most part, have failed for years to file the state-law required Financial Disclosure Statements and other airport records that are supposed to be archived by the Virginia State Librarian.

David Lindsey, president of UARF, said, "We (UARF) have other issues that are more time consuming than dealing with the airport right now. We will address those issues at a later date."

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