CAPE CENTRAL AIRWAYS OPTS FOR LAWSUIT

Cape Central Airways will not abide by the second eviction notice sent from the city of Cape Girardeau and will take the matter to court, City Attorney Warren Wells said Thursday.

"The last date that Cape Central Airways was supposed to leave by was (Wednesday) and they have not done so," Wells said. "Cape Central Airways has chosen to exercise its legal option and take this to court. That's where it will be decided."

Wells said the city sent its first eviction notice to Cape Central Airways, the airport's fixed based operator, in April. "The city gave Cape Central Airways until April 25 to vacate, but after some discussion between both parties it was extended to June 15," said Wells.

Cape Central Airways Chief Operation Officer Mark Spatz has hired Attorney Al Lowes to represent him in the lawsuit.

Wells cited the timeliness of payments "and other matters that can't be discussed" as reasons why the city wants to terminate its 12-year lease with Cape Central Airways. The lease began in April 1992.

Cape Central Airways is under investigation by the Federal Aviation Administration for at least three alleged incidents involving safety violations.

According to the FAA, the most recent case involves an emergency landing of a chartered flight that was scheduled to land in Louisville but instead landed in Fort Knox, Ky.

The reason cited by one of the flight's passengers, Vernon "Pee Wee" Rhodes, was that the plane was out of fuel. Spatz called the landing in Fort Knox a "precautionary landing."

Another incident that occurred March 8 also is being investigated by the FAA. The alleged violation involves Cape Central Airways launching three planes when the airport was closed due to the onset of a snowstorm.

There also have been complaints of Spatz "buzzing" the Cape Municipal Airport or flying too low on at least two occasions.

The fight between the city and Cape Central Airways comes at a time when Cape Airport Manager Randy Holdman is attracting interest for an operation that would cater to the needs of executive customers.

"Bill Florich, who is an aviation business consultant, drafted a marketing survey for us because he could see that this airport is a gem just waiting to be discovered," said Holdman.

"It's unfortunate that the city and Cape Central Airways would have to be involved in something like this, but at the same time I have to feel like we've already got some interest in our operation and we need to continue to pursue that."

Florich helped Holdman draft a marketing survey for potential clients and possible investors interested in financing an executive fixed based operation.

Of the 255 surveys mailed, Holdman received 20 replies. To the question "Would you be interested in this type of facility at the Cape Girardeau Airport?" 12 marked yes with services they would like to see. Six marked no, one was marked yes, but Holdman said that this company has little need for such an operation.

Among the comments made by various companies :

--"Almost all of my business is done at Cape Central Airways. They have a poor building and not enough hangar space. They need a paint shop and more tie-down parking. These are the things that attract general aviation."

--"Please obtain a strong, well managed FBO (fixed base operator), which is also financially sound."

--"Unfortunately I have little need for these services, but I'm sure several people do have. Good luck."

Said Holdman, "Obviously there is interest in this airport. We just need to follow through with some of the suggestions in order to get the business we went after in the first place."

Holdman had a meeting with a company on Thursday that expressed serious interest in a long-term executive aviation commitment provided certain specifications could be met.

Holdman would not say what those specifications were. However, he did indicate that the sooner the situation between the city and Cape Central Airways is resolved the easier his position will be as a salesman for new business at the airport.