"Plane Facts"
Issue # 5
We apologize for this issue of Plane Facts being delayed, but doing a transcription of the June 10 BOCC meeting took quite
a bit of time. Please read this issue carefully. It contains a wealth of information on how our Commissioners feel about
airport problems, and what they feel can be done immediately to help mitigate some of the problems at the airport.
A majority of the Martin County Commissioners showed an interest in banning Stage 1 and Stage 2 jets at the Martin County
Airport at the June 10th board meeting. The commission also asked staff to draft a proposal (ideas - suggestions)
to stop "on call" services offered by the FBO's
which would help curtail night time operations between the hours of 10pm and 7am at
the airport.
If you truly want to see the loudest of all jets banned and the elimination of jets screaming over your home, or your neighbors
home in the middle of the night, then write - fax - call - or email
your County Commissioners and tell them you support an immediate ban on Stage 1 and Stage 2 jets. Ask them to also support anything they can do to help with the elimination of night time
flights. This is a great opportunity for you to help make a real difference.
Don't sit by - Voice your Support for the Banning of Stage 1 & 2 Jets
You can make it happen !
Commissioner DiTerlizzi, Chairman
(772) 221-1357
email: mditerli@martin.fl.us
Sarah Heard
(772) 221-2358
email: sheard@martin.fl.us
Commissioner Smith, Vice Chairman
(772) 221-2359
email: dsmith@martin.fl.us
Susan Valliere
(772) 288-5421
email: svallier@martin.fl.us
Commissioner Weberman
(772) 221-2357
email: leew@martin.fl.us
You can write to a Commissioner at this address:
"Commissioners Name"
Board of County Commissioners
2401 SE Monterey Rd.
Stuart, FL 34997
Transcription on BOCC June 10th meeting - Galaxy Lease Extension
Susan Valliere
"On Election Day, November 5, 2002, the Martin County Commission pushed through an 8 year extension on the Stuart Jet
Center Lease"
"That action was economically flawed"
"I want the public to understand that this was not an extension from the year 2002, but an extension 22 years from 2002"
"Any new lease should have been and in the case of Galaxy, offered at rates for property with buildings, not at
vacant land rates"
"The new rates could well have been worth 10 times the vacant land rate"
"This was a giveaway of Martin County's property and the people will surely want to know
why?"
"Consistency is a liability when it comes to approving new proposals based on old flawed decisions"
"It is far more important to be correct than it is to be consistent"
"Pretending to help the people of Martin County with the airport problem by offering shallow non-solutions is going
to be seen though in a heartbeat - I urge you to now make a choice in the best interests of the
people"
"While the FAA provides valuable services to the nations commercial airports, its attempts at rigid controls over small
airports like Witham is unconscionable and most likely unenforceable?
"It is time we stopped using the FAA as an excuse to grow the airport?
Lee Weberman
"I get accused of being Morally and Ethically Bankrupt, I think even before I was a Commissioner. I don't get too upset at
comments"
"That's why I don't pay too much attention to what the newspapers report either"
"I think there is too much attention being paid to leases and subleases. The focus should be reducing jets, reducing noise
and reducing pollution"
"I can never do it if I am not given accurate factual information"
"Commissioner DiTerlizzi, you talked a couple of week ago about trying to negotiate at the podium with Stuart jet Center, I
suspect you may have the same discussion with Galaxy Aviation. What are you going to ask for?
You don't know what to ask for"
"I am going to be supporting the lease extension today not because I believe it the end of the world, or that I am morally
Bankrupt. I am doing it because I believe it is the right thing to do. I want to solve the airport problem"
Mike DiTerlizzi
"One of the biggest complaints I hear from the citizens is the night time jet
traffic"
On call service
"If they want to come in at 2 am, then they call Stuart Jet Center or Galaxy"
"They have to come in and dock them and all these things"
"If that person was not available, that Jet could not fly into the airport at that time of day"
"If the airport would allow only staff personal during normal business hours, you wouldn't have all those am 4am 11pm
flights out there"
"Join me in finding a way to get the FBO's to do away - not only do away with on call employees, but prohibit on call
employees during those hours of day and night"
Stage 1 & 2 Jet Ban
"I have asked on several occasions that the board move ahead and ask for a Stage 1 and Stage 2 mandatory
ban"
"I have
been ignored for the last 2 years in asking for this"
"I will ask the board again, let put in a Stage 2
ban"
"If we don't need the FAA Commissioner Valliere, then join me in asking for a Stage 2 ban immediately on jets at
Witham Field"
"That is very important that we make that happen"
Close the airport
"If you want to concentrate on anything, concentrate on closing it (the airport) - that is fine with
me"
About the SJC lease extension vote on November 5, 2002
"I voiced my objection to the Stuart Jet Lease Extension. I was on the Canvassing Board and could not attend the Stuart Jet
Center vote"
On the Galaxy Lease Extension vote Tuesday
"And I really truthfully object to this one (Galaxy Lease)
"But it is a matter of fairness - we have an obligation"
"I disagree with the lease extension, but I don't see how I could do for one and not do for another"
On operations at night
"They are hot rodders. These guys don't care if the come in here at 2-3 o'clock in the morning, pedal to the metal and just
loving it - probably flipping us the bird all the way down"
****
Susan Valliere asked DiTerlizzi - "you felt the Stuart Jet Center lease was wrong and feel the same about Galaxy. Are you
willing to make another wrong decision just because a wrong decision was made in November?"
DiTerlizzi answers - "Yes its a matter of being for being fair to all the tenants"
DiTerlizzi also stated at the end of his comments - "We should not take anymore FAA
money"
****
Sarah Heard
"The public perception of me is that I am opposed to Witham Field, and that is just not true"
"I have always said Witham Field is an asset to Martin County and I still feel Witham Fields is an asset to Martin County"
Talking about the November 5th, 2002 vote for the Stuart Jet Lease Extension
"I have also said I would have opposed Stuart Jet Center's 8 year extension on November 8th -
I would have voted against it"
"It's a lousy deal for Martin County. Its a crappy lease and I also question the conditions under which it was extended
- it was on November 5th and I firmly believe it was a pay back for campaign contributions among other things - It
was approved by former Commissioners Elmira Gainey and Dennis Armstrong who received substantial contributions
from Stuart Jet Center"
Galaxy Lease Extension
"I oppose this one (Galaxy Lease)"
"I oppose it on principle and because it is a lousy lease extension for Martin County - for the Martin County taxpayers who
are the lease holders"
"It is with regret that I am going to be supporting this lease extension (Galaxy) because of a lousy precedent that was
established by an outgoing board 7 months ago"
" I have read Aviation Attorney Kirsch's opinion who said we could be sued. I am not going to risk 100's of thousands
of dollars being sued if I don't approve this lease"
(this sentence paraphrased because tape was garbled)
*See Quotes from Mr. Kirsch's Memorandum below -
nowhere do we find Mr. Kirsch saying Martin County will be sued for 100's of
thousands of dollars. In fact, he offers a number of suggestions on what steps
should be taken if the commission decided to deny the lease on June 10th.
Doug Smith
"I don't see how extending this lease is going got have an effect on the noise issue"
"Smith question to Mike Moon - How many Stage 2 operations do we have?" - Moon answered - "20-22%, then he changed
his estimate to 20-25%"
"The issue is not going away until Stage 2 goes
away"
"It is a huge problem - you guys (FBO's) have got to clamp down on that stuff - you have got to get rid of your customers
that fly those airplanes"
"The noise issue is something you guys (FBO's) have to work on and control you customers -
you can not tolerate theses guys coming in and our of here. You got to get rid of
them"
"We have to clean up our act"
Reasons why the Galaxy Lease did not have to be approved on June 10th.
Excerpts from Board of County Commissioners Regular Agenda Item Summary 8A1
"In attempting to obtain all the options available to the Board in considering the requested amendment, staff forwarded
Galaxy's Lease and the proposed amendment to Peter Kirsch for review and formulation of the available actions. Mr.
Kirsch's (sic) has responded in a memorandum, a copy of which is attached to this agenda item, which point to the
consideration of two applicable legal standards. First is Martin County's grant assurance obligations prohibiting unjust
discrimination in the treatment of aeronautical service providers providing similar services and using similar facilities. The
second is federal law and the grant assurances which prohibit Martin County from granting an exclusive right to any
aeronautical service provider, such as by conferring a monopoly to provide a particular service provider.
Mr. Kirsch's memorandum concludes by listing five options available to the Board with regard to the proposed lease extension."
Those options are:
· Approve the Lease Extension.
· Adopt a Freeze on New Lease Modifications.
· Deny the Lease Extension
· Approve the Amendment Subject to Proposed Changes
· Return the Lease Amendment to Staff.
* Quotes from Mr. Kirsch's Memorandum
Mr. Kirsch at no point in his memorandum stated that the county was in danger of being sued
as suggested at the June 10th BOCC meeting. In fact Mr. Kirsch addressed these issues directly and stated:
"FAA regulations do not address specifically whether an airport proprietor has and obligation to extend a tenant's lease.
Because applicable regulations recognize an airport proprietors authority to set fair and reasonable terms for the lease of the
property, limiting the length of a lease term is likely to be held reasonable. Moreover, we are not aware of any
requirement in the applicable FBO leases or in the Martin County Airport Minimum Standard for Aeronautical
Activities that requires the County to extend any of the existing FBO leases."
"Again, the FAA regulation recognize that the prohibition on unjust discrimination
does not mean that all tenants must be
treated alike..."
".... it appears that a reasonably short (ie several month) moratorium on lease extension or new leases
would not be a violation of applicable federal
regulations."
As you can see, there was compelling reason
to have approved the Galaxy Lease Extension on June 10th.
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