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Home My WebLink About11 17 1989 Court hearing today may resolve airport issuesCourt hearingtoday ma it ort issues resolve airport p Y , f ^_ ` r v f n ''the `i in the wsui has. unjust :`discrimination and, Wi out 4ires Passed by the city'S voters from the hands of local government. BV G I P, n rt M h to deed a ty t of exercise or an exclusive m If Kanarek upholds the ordinances Steve Johnson, owner of Sebastian Sun staff reporter contended that the ordinances are is Star► y violation of state and federal laws �ghw approved by the referendum, the city Hero Services based' at the airport, Judge " Paul kwarek's decision. , and. the city's deed to the airport . A "standstill agreement", acorn= will be put in the position of impos said thatthe possibleFAA takeoveris following today's hearing in the 19th The Federal Aviation Administra- ~Promise between the city and the ing restrictions that will be in, direct- "..: a promise, not a threat."" Circuit. Courtcould answer many. tionfoundthenoiselimitationsunac- FAA, was adopted June 12, calling conflict with the FAA's stated poW . Others, including Vice Mayor questions in the political puzzle. at . ceptable and threatened to take legal for a compatibility study between lion- Robert, `McCarthy, Councilman Sebastian AirpoR action if they were instituted, con- the airport and the surcoundingcom- ` In forcin the city to implement the Frank Oberbeck and f'AW Vice His decision may bring more, tending the airport can be reclaimed munity and funded mostly by the ordinance, Snell apparently hopes questions to life as well. control of the airportwill beiemoved See Kanarek On page 3-A if it isKanarek is scheduled to decide if ' deed...not run according to the 1959 FAA. charter amendments- passed in theAs part of the compromise,, the March referendum are in violation of Gregory S. Walden, chief counsel city agreed not to impose the restric- state and federal laws. Sebastian fur the FAA wrote in. January that tions required by the referendum. voters approved -the charter amend- adopting the noise restrictions "... The. Sebastian City Council voted ments, which included user fees and, may place the.city in violation of the: to accept the standstill agreement by noise restrictions for Sebatian Mu- above cited deed covenants.'.',, a 3-2 count, with Councilmen Loyd nicip'al Airport,. at the polls earlier. The deed giving the airport to the Rondeau and Frank Oberbeck op - this year. city states that the property is to be; posing. . In defending. the city against a suit , used "...for public airport purposes Following that action, airport sup-. brought Burt Snell,. Nicholas for the use and benefit of the public;: porter Burt Snell sued the city, calling Tsamoutales, special counsel hired on reasonable terms and without for the implementation of the meal Kanarek (from page 1-A) Sebastian Sun Week of November 17,1989 Pg. 3-A. prohibit temporarily the spending of - derived from the golf course President Charles Stachel, do not , would-be in jeopordy if the ordi- money in the airport fund and to per- operation at the airport ".z. to con - believe that the FAA really wants to nances had to be put into effect as the manently bar the city from "... mak- ' struct, _enlarge; .improve, maintain, take over the airport. FAA would withdraw its funding for ing expenditures from the "Airport ,: equip, operate, manage, regulate, or In a telephone interview with the . the project, Eisengrein said. Fund" :except those specifically au- ;_ otherwise benefit Sebastian Munici- Sun on Wednesday, Robert: Eisen- grein, senior attorney with the FAA's According to McClary, the city thorized under the Ordinances, Reso- lutions, and the Charter Amendment .pal Airport ".. At the start of this fiscal year, Y chief counsel's office, said the FAA still would be interested in continu- rng the study, but would notbe able to of the City of Sebastian:... funds paid for'the' golf course's lease would ",.. institute procedure for ' reverting ownership of the airport..." fund the project with city money. s 7 Finally, the Snell suit demands that `imp ` from the city accounted for approxi- mately $180,000 in the airport fund. if the noise -restrictions being consid-: : If' the judge rules that 'the ordi- he city repay all money spent properly or -wrongfully from the Eisengrein expressed great con - ered are implemented. . i? nances are illegal and cannot be 8 ai rt fund. -. ,po .tern as to -whether the legals fees ' City Manager Robb McClary said implemented, ;the compatibility study will not beat risk. 1. 1, Snell contends that the mope aid Y P -were a proper expenditure from the fund 'if Kanarek rules against the' city, the to Eliot Cutler -which now amounts Just glad it's not my call to City Council will beforced to exam= Eisengrein stated that the FAA will to more than $109,000 = and more ,; make, he commented, adding that ine possible alternatives, which may . honor -the standstill 'agreement -by than $10,000 spent on legal fees, paid the decision concerning proper ex - include an a compliance with Ply, P funding the study, even if the ordi- to Nash, Cutler and Tsamoutales, in penditures rests with the city attor- the referendum measures or some nances are judged to be illegal. defense against Snell s suit. has been ', `ney. other approach which may be of- While it is not clear which areas of spent improperly. Spell's suit, however, has' put the fered. ' . Spell's lawsuit -will be addressed The charter amendment calls for decision in the hands of Judge Ka- today, other portions of the suit call ,. the city not to spend any money narek. The $200,000 compatibility study, for Kanarek to rube on • matters of just awarded to Williams, Hatfiled & art money being spent on legal :Stoner, Inc. of Fort Lauderdale, ..,expenses. In the suit, Snell asks the cou; t to