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HomeMy WebLinkAbout02 22 1990 Runway 13 Controversy Unresolved`Runway 13' Controversy Unresolved By PATRICIA DiLALLA Sebastian Bureau Chief The Federal Aviation Administration's refusal to allow Sebastian to close an airport runway was offset Wednesday by the willingness of two flight training schools to try to resolve the city's problem. "We will do anything we can to help you alleviate your problem, shy of not using the airport," said John McCrory, assistant chief pilot at Flight Safety Inter- national in Vero Beach. "We want to be a part of this. We make a lot of noise, but we need to keep operat- ing; we are a business. But we also want to keep it as friendly as possible." Council unanimously agreed to take McCrory and Don Hall of Pro -Flight of Vero up on their offers to find a way to lessen the effect of training flights at the airport. Training flights, believed to make up the majority of operations at the airport, have been the focus of complaints about noise and safety. The original intent of Wednesday's special council meeting, which drew a standing -'room -only crowd, was to vote on a resolution to close Runway 13/31 after two aircraft accidents this month. Two planes trying to land on that runway collided. - in midair Feb. 3, killing one pilot and seriously injur- ing the other. Eleven days later, another plane made an emergency landing on Roseland Road after failing to reach the runway. In both accidents, the planes ended up at River's Edge subdivision. In an emotional appeal to council,. River's Edge res- ident Kathleen Hoffman presented a petition signed by more than 85 percent of the residents in the subdi- vision to temporarily close that runway. "We are asking for a temporary. respite," Mrs. Hoff- man said. "For time to calm our nerves, time to allow our children and adults to complete the trauma coun- seling they are about to undergo: "River's Edge residents now look left, right and up when pulling out of their driveways. If the runway is so safe, why have three planes gone down in the same spot?" Mrs. Hoffman asked. Please See RUNWAY/2A Runway -From Pg. 1 A -- Her. question was an allusion to a letter the city received Wednesday from the manager of FAA's Orlan- do District Office.. "We have no information that use of Runway 13/31 is unsafe," wrote James E. Sheppard of the. FAA. Closing the runway would vio- late the terms of the deed convey- ing the property to the city and the standstill agreement between the FAA and Sebastian, Sheppard warned. Residents of Point of Woods Sub- division and Roseland, who, would bear the brunt of air traffic diver- ted to the airport's second runway if 13/31 were closed, asked the council to consider other options. "Closing Runway 13/31 would be a knee-jerk reaction. in our opinion," said RobertMusante, vice, president of the Roseland Property Owners Association.,, Reopen the east/west runway and regulate the altitude of planes beginning a landing at the airport, Musante suggested. Closing the runway would create a hazard for which the city could be sued, said. Steve Johnson, a fixed -base operator at the airport. Pilots forced to .use the second runway would have to land with a crosswind, which could cause problems for inexperienced pilots, Johnson said. Acting on the FAA's warning, council deferred action on the pro- posal to close the runway. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 i A G E N D A SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, FEBRUARY 21, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: Consider Closing Runway 13-31, Sebastian Municipal Airport 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC INPUT ON AGENDA ITEMS ONLY 5. RESOLUTION NO. R-90-11 - Closing Runway 13-31, Sebastian Municipal Airport A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE TEMPORARY SUSPENSION OF AIRCRAFT USE OF RUNWAY 13-31; DIRECTING THE CITY MANAGER TO REQUEST THAT A SAFETY STUDY BE CONDUCTED BY THE FEDERAL AVIATION ADMINISTRATION OF THE OPERATION OF RUNWAY 13-31; DIRECTING THE CITY MANAGER TO PROVIDE NOTICE OF THE TEMPORARY CLOSING OF RUNWAY 13-31 TO THE PUBLIC; PROVIDING FOR THE MAINTENANCE OF RUNWAY 4-22 DURING THE PERIOD OF TIME THAT RUNWAY 13-31 IS CLOSED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1 RESOLUTION NO. R-90-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE TEMPORARY SUSPENSION OF AIRCRAFT USE OF RUNWAY 13-31; DIRECTING THE CITY MANAGER TO REQUEST THAT A SAFETY STUDY BE CONDUCTED BY THE FEDERAL AVIATION ADMINISTRATION OF THE OPERATION OF RUNWAY 13-31; DIRECTING THE CITY MANAGER TO PROVIDE NOTICE OF THE TEMPORARY CLOSING OF RUNWAY 13-31 TO THE PUBLIC; PROVIDING FOR THE MAINTENANCE OF RUNWAY 4-22 DURING THE PERIOD OF TIME THAT RUNWAY 13-31 IS CLOSED; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 29, 1959 the City of Sebastian (the "City") received by quit claim deed from the United States of America the property now known as Sebastian Municipal Airport (the "Airport"); and WHEREAS, the terms of the quit claim deed require the City to operate the airport for the use and benefit of the public, on reasonable terms and without unjust discrimination; and WHEREAS, the City of Sebastian has maintained and operated the Airport in accordance with the terms and conditions of that quit claim deed and intends to continue to do so; and WHEREAS, on February 3, 1990, two airplanes on approach to Runway 13 of the Airport collided in mid -air and crashed to the ground, causing the death of one person and injury to another; and WHEREAS, on February 14, 1990, an airplane on approach for an emergency landing on Runway 13 of the Airport crash-landed on Roseland Road, fewer than two hundred feet from where the two planes crashed on February 3, 1990; and WHEREAS, aircraft which land on Runway 13 and depart from Runway 31 must fly at low altitudes over a densely populated residential area; and WHEREAS, the three airplanes involved in the accidents noted herein each landed close to homes located in the residential area proximate to the northwest end of Runway 13; and WHEREAS, the City has an obligation to operate its airport in a manner which is safe for both users and residents; and 1 WHEREAS, the City is presently operating and continues to operate the Airport in accordance with Principles of Agreement agreed to by the City and the Federal Aviation Administration in June, 1989; and WHEREAS, the City is authorized to manage the use of its Airport in a manner calculated to assure safe operating conditions by the Department of Transportation Federal Aviation Administration Airport Compliance Requirements, Order 5190.6A (1989), Paragraphs 4-7(b) and 4-8; and WHEREAS, such management authority of the City is acknowledged by the Principles of Agreement Paragraph 12; and WHEREAS, Runway 4-22 at the Airport has been certified by the Florida Department of Transportation to be in good and usable condition. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. TEMPORARY CLOSING. Runway 13-31 at the Sebastian Municipal Airport located in the City of Sebastian, Indian River County, Florida, shall be closed to all airport traffic for such time until a safety study is completed by the Office of Flight Standards of the Federal Aviation Administration and the City Council takes action to reopen Runway 13-31 after reviewing the safety study. Section 2. IMPLEMENTATION. The City Manager shall submit a request for a safety study on behalf of the City to the Office of Flight Standards of the Federal Aviation Administration within ten days of the effective date of this Resolution. The City Manager shall implement the closing of Runway 13-31 to airport traffic as soon as practicable in accordance with all required and recommended Federal Aviation Administration safety procedures, including providing warnings to airport users, such as adequate markings, and issuing a Notice to Airmen to advise pilots of the closing of Runway 13-31. The City Manager shall direct that all airport traffic utilize Runway 4-22 during the period of time that Runway 13-31 is closed to airport traffic. The City shall maintain Runway 4-22 in good and usable condition during this period of time that Runway 13-31 remains closed to airport traffic pursuant to this Resolution. Section 3. CONFLICT. All resolutions or parts of resolution in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA by: ATTEST: Richard B. Votapka, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3