HomeMy WebLinkAbout05 26 1989 Airport advice heeded by cityAirport advice
heeded by city
By George Ricker
The city should spend $15,500 for an additional con-
sultant study at Sebastian Municipal Airport, and City
Council members should defer action on a proposal to
slurry seal runway 4/22 and remove the runway lighting,
according to recommendations made Wednesday night by
the city's legal expert on airport matters.
ijr The City Council followed his lead on both recommen-
dations.
Eliot Cutler of Cutler & Stanfield, the Washington,
D.C. law firm hired by the city to represent it on matters
related to the airport, told the City Council his firm was
moving forward on preparation of the ordinances required
to implement provisions of the charter amendments
passed by voters on March 14.
Cutler said his firm had undertaken a financial analysis
of airport operations with Apogee Research Inc. and a
noise study with Bogan & Associates.
He advised the council a census of aircraft at the airport
indicates there are 52 planes based at the airport. Fifty of
those planes represent 29 types of aircraft that will come
under the purview of the noise restrictions required by the
charter amendment.
Since 16 of those aircraft are not included in the Federal
Aviation Administration (FAA) circular referenced by the
charter amendment, Cutler noted one of the issues the
ordinance will need to address is how to deal with those
planes.
Of the remaining 34 aircraft, Cutler said only 17 would
be able to continue to use the airport under the proposed
noise rule.
"Our legal research has occupied most of our firm's
time," Cutler said. "We have encountered no surprises.
We have found no law that is of particular concern. Axle
feel even more confident than previously."
Cutler said a meeting between attorneys from his firm,
representing the city, and an attorney from the FAA was
scheduled to take place the next day.
He added the purpose of the meeting was to explore the
two sides' views to see whether there was a common
ground that would minimize the likelihood of litigation,
while preserving the spirit and the letter of the airport
referendum.
In that connection, Cutler said the proposal by Apogee
Research Inc. to develop a community airport plan would
demonstrate the intent of the city to continue operating the
airport in a manner consistent with the other goals of the
city.
On the issue of applying slurry seal to runway 4/22,
Cutler suggested the council might want to defer making
See Airport Page 12-A
I.
Sebastian Sun Week of May 26,1989 Pg.12-A
Airport (from 1-A)
a judgment until the additional information was available He noted there is a perception that it is the community's
from the study. intention to shut down the airport.
"I have stronger views about the removal of the runway "This will give a basis for refuting that charge," he
lights," Cutler said, "and I urge you not to do so." noted.
Cutler said it was his view that the removal of the lights "I am not suggesting that you have to do this. I am
would send a strong signal, one that would not make the suggesting that, from a negotiating standpoint, it would be
task of resolving any dispute that may exist between the a sound investment."
city and the FAA any easier. Noting the City Council had already authorized. two
"It suggests that the city has made up its mind what the consultant studies at Cutler's request, Votapka recalled
future of the airport is going to be," he said. "I don't think .the cost of those studies had increased from an estimated
it makes sense." $10,000 to $13,500.
Vice Mayor Robert McCarthy, who made the proposal Cutler said he had advised the council the other studies
to slurry seal runway 4/22 and remove the runway lights were "absolutely necessary."
at the first regular City Council meeting following the
March 14 election, said he liked the idea of the community He said he was now advising the council he did not thi
airport study. they were sufficient.
"It should have been. done years ago," he said. "That is a judgment you will have to make," he no
Mayor Richard Votapka was not so enthusiastic. The City Council voted 3-2 to follow Cutler's recom- .
"I would prefer to see whathappens after the ordinances mendation and approve the community airport study by
go into effect," Votapka said. Apogee Research Inc. at a cost of $15,500. The cost of the
He suggested it would make more sense to develop the study- will come from the airport enterprise fund.
financial assessment of airport activity with a case history
of users' fees, once the ordinance had been adopted and
the user fees had gone into effect.
"If the council's objective is not only to enact the
ordinances, but also to avoid litigation, you would be well
served by having a document in hand on which to base
' Votapka and Councilman Frank Oberbeck voted
against the motion.
In a rare display of unanimity, rare at least on airport
issues, the City Council voted 5-0 to drop the proposal to
slurry seal and remove the runway lights from runway 4/