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HomeMy WebLinkAbout06 06 1989 FAA New Airport Ordinance Ruled Totally Unacceptable6A, Tuesday, June 6, 1989, Vero Beach, Fla., Press -Journal Sebastian River Area • Grant • Micco-Little Hollywood • Barefoot Bay • Sebastian • Fellsmere • Roseland • Vero Lake Estates ,PAA: New Airport Ordinance Ruled `Totally Unacceptable' 1P Honor System Proposed For Collecting Fees By PATRICIA DiLALLA Sebastian Bureau Chief A draft ordinance prepared by Sebastian's airport attorney is "totally unacceptable" to the Federal Aviation Administration, according to the FAA's attorney. "We continue to have serious problems with it," said FAA attorney Bob Eisengrein, who de- clined to comment further because he and Eliot R. Cutler, Sebastian's Washington counsel, are still meeting to try to resolve issues. "Delicate negotiations are going on," Ei- sengrein said late Monday, adding he will pre- sent the FAA's position at Wednesday's City Council meeting, at which the ordinance will be read for first approval. Cutler could not be reached for comment. The proposed ordinance limits the type of air- craft that may use the airport to those that do not exceed a noise level of 65 decibels, and calls for the airport director to prepare a list of aircraft that would be allowed to use the air- port. The ordinance also imposes a $5 user fee for each operation, leaving open the possibility that a .larger fee might be imposed on certain categories of aircraft if they are responsible for a "disproportionate amount of wear and tear on the airport." Collection of the fee depends on an honor system in which users would send the city their payments on a monthly basis. "I did not expect an honor system type of en- forcement," said airport manager John Van Antwerp. "It's just like paying income tax. There are penalties if we catch you cheating." Van Antwerp and Steve Johnson, two of four fixed base operators at the airport, said if the ordinance is passed, more than half of the air- craft they now service would not be allowed to land in Sebastian. In determining which aircraft will be included in the local list, the ordinance relies on an FAA advisory circular that lists by manufacturer, model and engine type most aircraft and their decibel levels. However, as noted in the ordinance itself, va- riations of plus or minus 3 decibels in the noise level of aircraft could exist between the FAA circular and "individual flights at an actual air- port.,, According to the FAA circular, the decibel. levels "are intended to provide a consistent basis for comparison of noise levels of major aircraft models rather than establishing abso- lute levels of individual aircraft." Noise levels of individual aircraft could differ because of variations in weight and operating procedures from those used during certifi- cation, the circular states. Cutler, who earlier told council that 16 of 52 aircraft now based in Sebastian are not listed in the FAA circular, has included a provision in the ordinance that would allow such aircraft to be added to the noise rule compliance list. The airport director would have the discretion to add aircraft to the list based on "the submis- sion of adequate data and narrative analysis" provided by an applicant. Operators and owners would be required to register their aircraft with the city; failure to do so would result in a fine of $250 for each viola- tion. Three violations within a two-year period could result in the owner or operator being barred from the airport for at least 30 days but not more than tvOo years. A fine of $1,000 could be levied against any owner or operator who violates the noise re- strictions; three violations could lead to the owner or operator being barred from using the airport for three years. Under the draft ordinance, any resident of the city could petition to remove a particular air- craft from the noise rule compliance list. If the petitioner "has demonstrated that the aircraft consistently has produced maximum noise levels on takeoff from or approach to the air- port in gxcess of the standard," then the airport director can remove that aircraft from the approved list. His decision could be appealed to the City Council. The draft further establishes the position of airport officer(s), who would monitor compli- ance with the requirements of the ordinance.