CITY ENDS LEASE WITH CAPE AIRWAYS

Citing concerns with the timing of payments and overall safety standards, the city of Cape Girardeau has elected to send Cape Central Airways Inc. an eviction notice.

"We have taken action to terminate their lease," said City Attorney Warren Wells Wednesday. "We are aware that there is an ongoing investigation by the (Federal Aviation Administration) regarding some areas of safety, but we have other concerns as well.

"Some of those concerns have to do with the timeliness of payments, but there is more that can't be discussed because of the possibility of impending litigation."

The City of Cape is seeking to end a 12-year lease with Cape Central Airways, which is the fixed-base operator (FBO) for the airport. The FBO contracts with the city to provide general aviation services at the airport.

Cape Central Airways, which has a fleet of nine charter aircraft and employs 31 workers, has been in business since 1950.

The city negotiated a new lease agreement with company in April, 1992. "There is 10 years left on the lease with an option for a 5-year renewal," said Wells, who indicated the city is not waiting for the results of the FAA investigation to take action against Cape Central Airways. "They're (FAA) going their way on this and we are going our way."

Cape Central Airways Chief Executive Officer Mark Spatz said he's hired attorney Al Lowes in the event that a lawsuit would be filed on his behalf.

"I feel like we've been so unfairly treated by the city," said Spatz, who has been in charge of the company for three years. "We have tried to work with them, but it seems like in the last couple of months it's been very difficult to come to some kind of equitable solution.

"I would like to come to some kind of solution and get along with the city, but if we go to court on this they're going to look like a bunch of idiots."

Spatz said he has documents to prove he has been unfairly treated by the city. Asked about the timeliness of payments, Spatz replied, "When I took over three years ago we were behind, and it took me about six months to catch up, but then it was fine.

"What I'd like to know is why the city hasn't paid me the $2,000 it owes me for an air show that took place here 22 months ago." Spatz later amended the debt to $1,630. Wells said he was not allowed to discuss the matter.

Cape City Manager J. Ronald Fischer pointed out that Cape Central Airways is not behind in its payments. "Right now they are paid up," said Fischer.

The city manager said he's aware of two incidents involving Cape Central Airways that are under investigation by the FAA. "I'm not at liberty to discuss that at this time," Fischer added.

According to the FAA, the most recent case involves an emergency landing of a chartered flight that was scheduled to land in Louisville.

"The flight made an emergency landing in a military reservation at Fort Knox, Ky.," said Sandra Campbell, who is a public affairs spokesman for the FAA in Kansas City.

Vernon "Pee Wee" Rhodes, who was one of four passengers on the flight, filed a complaint with the FAA April 23 claiming the plane ran out of fuel and was forced to make an emergency landing in Fort Knox.

Mark Seesing, operations officer for Cape Central Airways, was the pilot of the flight. Seesing was asked to explain what happened on the flight, but declined to comment. "I can't say anything until the investigation is over," said Seesing.

Spatz said he filed a report with the FAA, but did not call the landing an emergency procedure. "It was a precautionary landing," said Spatz. "The pilot was concerned with how much fuel was on board and decided to land."

Rhodes believes otherwise. "He (Seesing) may have said we didn't run out of fuel, but we landed dead (without fuel) at Fort Knox," said Rhodes. "He said it had to do with a pilot error.

"I don't have any more to say about it. I have filed a report with the FAA and I expect action to be taken on the matter."

Rhodes said he has not used Cape Central Airways since the incident occurred.

Yet 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.

About 12 inches of snow accumulation prompted Cape Girardeau Airport officials to close the airport at 9:58 p.m. March 8.

Sources close to the situation indicated there was so much snow on one of the airplanes that left March 8, that an engine quit and the pilot had to abort takeoff. The plane took off a second time after snow was shoveled out of the intake.

"We took off with the understanding that the airport was open," said Spatz. "We only found out about it being closed after we took off."

Cape Girardeau Airport Manager Randy Holdman was not at the airport when it was closed March 8. But he was told by officials who were there that all pilots were informed that night that the airport was closed.

"I don't want to say that we would take off if we knew an airport was closed, but to do so is not an illegal operation," said Spatz.

Complaints have been lodged against Spatz on two occasions in January for "buzzing" the airport at a level far below safety standards of 2,500 feet. An witness, who asked not to be identified, said the plane Spatz was flying was less than 100 feet off the ground.

Spatz said he was flying his plane "lower than normal."

Spatz still hopes to work out an agreement with the city. "Three fourths of our operation is outside the city, so we're bringing money into Cape Girardeau," said Spatz. "I'm trying to keep Cape Central Airways as whole as possible. I don't want to jeopardize the jobs of the people who work here."