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HomeMy WebLinkAbout05 05 1989 FAA Lawyer referendum compromise can happenI -AN BAST\ Volume II, Number 10 May 5, 1989 (LISPS 150C) — r,N Cry r r,- CO Sports 2-B :-J ii .%r �r Barefoot Bay 4-B Homes in The Sun 7-B Church 10-B Classified 13-B 2.section. FAA lawyer: referendum compromise can happen By George Ricker The Federal Aviation Administration (FAA) cannot and will not permit the provisions of the airport referen- dum to be implemented as written. That was the message Steve Johnson,. co-owner of Sebastian Aero Services, said he was given by an attorney in the chief counsel's office of the FAA. The attorneys whom the city has hired to represent it on matters related to the airport referendum take a different view. Johnson said Tuesday he had been in touch with Bob "If that means reversion, then Sebastian will be the first reverted airport in the history of the nation," Eisengrein said. "We would have no other alternative," he added. "This thing could set a national precedent that would undermine the Federal Surplus Property Act and could have implica- tions for hundreds, if not thousands, of small airports that have been deeded to local governments." Johnson said that was a point that appeared to have been missed by the proponents of the airport referendum. "This isn't just little old Sebastian politics," he said. "This has a rippling effect throughout the entire nation." Asked about another matter, Eisengrein said that, in his opinion, it is entirely proper for the city to use money from the airport enterprise fund to pay Cutler for the work he is doing to enable the city to implement the provisions of the referendum. But if the city is sued for violating federal law, Eisen- grein said there is no question in his mind that the city could not use the money in the airport fund to defend itself in such litigation. The FAA attorney said that he believes an accommoda- tion between the city and the FAA is possible. He noted that he has been chiefly concerned about the requirement imposing a 65 dB noise restriction at the airport. Asked whether he had discussed the proposed $51and- ing fee with Cutler, he replied that he had not. Eisengrein said a scheduled meeting between himself and Cutler has been postponed, at Cutler's request, be - Eisengrein, a senior attorney in the chief counsel's office. "He told me to make no mistake about it. He said the FAA would not permit the referendum to be enacted as written," Johnson said. He added that Eisengrein had also told him that the FAA believed there was room to negotiate a workable solution to the problem. Eisengrein said Wednesday that Johnson had correctly understood his remarks. The FAA attorney said he has worked with Eliot Cutler before. Cutler is the Washington, D.C., attorney whose firm, Cutler & Stanfield, was retained recently by the city of Sebastian to draft the ordinances required by the charter amendments, which wereapprovedin March by Sebastian voters. "I told Mr. Cutler on Monday," Eisengrein said, "that the chief counsel's office is under heavy pressure to take legal action to prevent the implementation of regulations which violate federal law." Eisengrein said of Cutler, "He is a very honorable He said it is his opinion that the referendum, if imple- attorney. I have the highest respect for him." mented literally as written, would clearly violate federal law and the le al ste th FAA 'il For that reason, Eisengrein said he is confident that Cutler is not going to recommend something to the city that would place it in violation of federal law. Attorney (from 1-A) cause the attorney wanted to do some more work on the proposed ordinance before holding the meeting. Jonathan Potter, a Cutler & Statifield attorney who is working with Cutler on the Sebaian airport issue, said the meeting had been deferred by mutual agreement. He noted the firm has worked with Eisengrein before and has "a lot of respect for him." The two- or three-week delay, Potter explained, will give both the FAA and Cutler & Stanfield's attorneys time to prepare for the meeting so that it will be productive. While agreeing with Eisengrein's statement that some compromise may be possible, Potter said both he and Cutler believe the referendum is defensible and will be upheld in court. He rejected Eisengrein's opinion that the provisions of the referendum as written are a violation of federal law. "They will have an opinion of what we can do, and we will have an opinion of what we can do," Potter said. He stated that the point of the meeting will be to attempt to negotiate a common ground between those two opin- ions. "I am hopeful we can reach an accommodation, which will satisfy the city of Sebastian and its legal obligation to implement the charter amendments, and will satisfy the FAA," he stated. CDps a wi contemplate may include reversion. "We don't want to litigate this thing," he added. Potter expressed confidence that neither the city nor the FAA want to resort to litigation, either. See Attorney Page 3-A