Columbus City Council OKs Extension with Avcraft

Dec. 21—The Columbus City Council OK'd at its regular meeting Dec. 19 to extend an agreement with Avcraft, Inc., for 30 days, pending a complaint filed with the Federal Aviation Administration.

Avcraft, owned by Keith and Janace Harbour, has been a fixed-base operator (FBO) at the Columbus Municipal Airport for 32 years. An FBO is an organization that has been allowed to operate at the airport and provide services such as fueling, hangaring, aircraft maintenance, flight instruction and more.

According to the minutes of a special meeting of the Board of Airport Commissioners held Aug. 29, the board approved seeking a request for proposals (RFP) for fixed-base operator services.

A memo from Airport Manager Aaron Diedrichs, attached to the Aug. 29 agenda, said the airport is lacking a Part 141 flight school (which offers training to anyone in the community from a private pilot's license up to airline transport pilot) and a 135 charter service (which charters to the general public and businesses who do not yet want to purchase a charter plane of their own).

"We would like the current FBO to have an opportunity to invest in the future of this airport, but would also like to offer new services that could help the aviation community in Columbus grow," the memo states. "...An RFP will allow the City to understand what FBO's are interested in Columbus and exactly what they are able to offer. A committee of staff and Airport Board members will make the final recommendation after reviewing the proposals."

City Administrator Tara Vasicek told the airport board, according to minutes, that another FBO expressed interest in serving the Columbus airport, and the fairest way to select an FBO is to issue an RFP that provides the same guidelines for all interested parties. Vasicek advised the agreement would be for three to five years, with no option for extensions, and available space would not allow for a second FBO.

Keith Harbour, who serves on the airport board and abstained from voting on the FBO matter, said all criteria are being met in the current FBO agreement.

"He (Harbour) said he is not opposed to offering charter or flight instruction services as he currently assists with requests for scheduling charter services," the minutes state. "He pointed out there is an aircraft available for rent for flight instruction and that a 141 flight school is elaborate and expensive."

Two attendees of the Aug. 29 special meeting had spoken in favor of finding a new FBO while two others indicated wanting to stay with the current FBO.

Minutes of the airport board's Sept. 13 meeting state that a review of the fixed-base operator agreement was removed from the agenda. The airport board's Nov. 8 meeting had been canceled due to a lack of quorum.

On Aug. 29, the airport board had approved — with Harbour abstaining — a contract extension with Avcraft to Dec. 31, 2022. A memo says this was so the city could research all FBO options through an RFP and Avcraft would be able to submit a proposal like any other interested party.

The agreement was extended once again to Jan. 31, 2023, at the Columbus City Council's meeting this week.

Vasicek said city officials were waiting on a determination from the FAA "on a complaint that they received from Avcraft about the RFP process."

The committee formed to review the RFPs is set to meet again next week, she added, by which time they should have the determination from the FAA.

"At that time, at that meeting next week, Aaron (Diedrichs) and I are working on options on how to move forward with either the FBO that was selected by the committee or the city taking over those FBO business activities at the airport, or the third option would be continuing with Avcraft if that other company's no longer interested," Vasicek said.

Third Ward Council Member Rich Jablonski asked if there were consequences the city could face regarding the complaint.

"There aren't any consequences because we followed their procedure," Vasicek said. "If they determine that there wasn't something followed, then we'll have to deal with that at that time."

Janace Harbour told The Telegram their complaint was regarding an alleged exclusivity issue during the RFP process. The FAA prohibits the granting of exclusive rights at public airports whose owners/operators have received federal funding, such as the one in Columbus, though there are exceptions outlined in the FAA's policy.

"We were advised to contact the FAA to discuss that," Harbour said, noting the FAA will look over the information and provide a determination. "...We are directly and substantially affected."

Harbour added there is space available at the airport for another FBO, as well as room to build if needed. When Avcraft started at the airport, she noted, there had been three FBOs there; they had bought out two FBOs.

"The airport sponsor may issue a competitive offering for all qualified parties to compete for the right to be an on-airport service provider," the FAA policy states, noting this can be done through an RFP process. "The airport sponsor is not required to accept all qualified service providers without limitation. ...However, the airport sponsor cannot as a matter of convenience choose to have only one FBO provide services at the airport regardless of the circumstances at the airport."

In other business, the Columbus City Council approved:

* A lease agreement with the Columbus Arts Council for use of space in the new community building and to jointly employ a community coordinator. The coordinator, according to a memo, would manage the activities of the community building and act as executive director of the arts council. The cost of the position — $87,200 — will be split 50/50 between the city and the arts council.

* A resolution awarding a bid to Rutjens Construction, Inc., in the amount of $4,009,382.50 for a Lost Creek Parkway water extension. A memo states the project will provide water service to the remainder of the properties along Lost Creek Parkway and tie into the water main construction associated with the casino project at the former Wishbones addition.

Hannah Schrodt can be reached at [email protected].

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