|
Colyn, et al,
To clarify - the FAA conducted a "land use" inspection of our
airport. They wrote a letter to the airport requiring a response on 5
compliance issues, one of which was that the airport did not have instant
access to the interior of each of the 194 hangars in the complex known as Sky
Haven. There claim is that this issue "potentially conflicts" with certain
grant assurances. They have suggested that one way is for the airport
to hold keys to each of the hangars. We think that the terms and
conditions spelled out in our master lease and tenant sub-leases reasonably deal
with tenant escorted access at reasonable times with a cutout for immediate
entry in case of an emergency. Sky Haven is currently working up
a comprehensive response to and for the airport. Time will tell.
Q: What are they looking for? To eliminate the potential
conflict.
Sky Haven is trying to resolve this without being
forced to give up private hangar keys to the airport,
notwithstanding any given up voluntarily. After all, the master lease
with the City (and agreed to by the FAA) provides for the storage of
non-aircraft and the establishment of private offices in each
hangar.
Private offices imply confidentiality of activities conducted therein
although the master lease does not allow any commercial activity within Sky
Haven. Giving out keys is problematic.
Anyway, it is not a problem a this moment, just a dark cloud on the horizon
that is being worked on.
Scott
In a message dated 4/26/2011 7:56:41 A.M. Central Daylight Time,
colyncase@earthlink.net writes:
Scotty,
what was the rational for FAA access to the hangars? What are
they looking for?
Chris,
Big Squeeze indeed. I "sublease" a hangar in Sky Haven, the
194 hangar complex at KARR ( www.SkyHaven.com). To
clarify, rental agreements are made with Sky Haven, a corporation with
all of the sub-lessees as its members and run by a board elected from
among the members. Sky Haven itself leases the grounds and buildings
from the City of Aurora (municipal public towered airport) on a very long
term basis and annually charges each hangar for providing common
area maintenance (taxes, building exteriors, pavement, etc.). The
sub-leases may be bought and sold much like real property deeds and are
recorded with the county clerk since the term of the lease tracks that of
the master lease with the City.
Last November the FAA inspected the airport and was unhappy that it
could not gain entry to each and every hangar - they did inspect over 6
hangars because the sub-lessees were present and allowed entry.
Recently, the FAA issued a letter to the airport demanding that the airport
have "unobstructed" and "free" access to the Sky
Haven hangar interiors. Their suggestion was that the
airport have keys to each hangar by September 30.
The Sky Haven sub-lease provides for reasonable access with the
sub-lessee being present or at any time and by any other means in
the case of an emergency. The lease between Sky Haven and the City
does provide the City with the right to "enter upon the premises" at "any
reasonable time" for various purposes including inspection. Part of
the problem is whether "premises" includes the interior of each
hangar.
In any event, this does bring up issues of "unreasonable search" (4th
Amendment), privacy, liability if the airport holds keys, etc.
We have considered asking the AOPA for advice, but your comments are
not very encouraging.
The net of all this - another example that the agency that is supposed
to promote GA is sure doing a great job of holding its thumb on the
jugular.
Scott Krueger
N92EX, Hangar 66
I find
the searching of GA aircraft very interesting but this is not the
only way GA is being attacked. Here at our airport, MCAS Yuma, Arizona
(NYL), GA is getting hit on two fronts. First you need to know we are a
joint use military base with airline, GA, and military traffic. The
airline terminal is on the north side, GA on the west, and military is
about a mile or more away on the southeast side of the airport. MCAS is
one of three bases that have been chosen for the F35 Strike Fighter and
the military did a threat assessment on the base to list potential
problems. Last summer, before I became the AOPA representative, I was
approached by one of the board members stating the airport management and
the board of directors were told by the military that GA was a security
threat and Personally Operated Vehicles, POV’s, should no longer be able
to drive onto the airport. Since the meeting was the next day I didn’t
have a lot of time to organize the GA population but was able to get 40 or
so pilots together and was able to stall this initiative. Since that time
the airport management and the board of directors have been pushing this
issue. So now the airport management has decided to allow us, for now, to
drive to our hangers and T-Shades and will be taking away any other
driving privileges starting July 1st, 2011. You can see the
plan at www.yumaairport.com on the left side click
on General Aviation, on the right side click
on Vehicles.
Since then I have become the AOPA
ASN Volunteer here at NYL and have attended every monthly board meeting. I
feel strongly it won’t be long before we are not allowed to drive onto the
airport. I also question AOPA’s roll in GA as they were no help at all and
I am still awaiting a response from an email I sent to Sean Collins on
3-14-2011. As someone else made mention, I guess they are too busy selling
alcohol and don’t have time for us mere pilots. Since when do alcohol and
flying go together?
Fly Safe,
Christopher J. Alberti
KNYL AOPA
Representative
N441JH Lancair 4P Hanger
C3 President/CEO Starlite Aviation Technologies LLC 1963 S.
39th Drive Yuma, Arizona 85364 Phone: 928-581-2383 Fax:
928-329-6488 Email: starliteaviation@yahoo.com
Web Site: www.starliteat.comThis message contains confidential
information only for the use of the addressee(s). If you are not the
addressee, or the person responsible for delivering it to the addressee,
you are hereby notified that reading, disseminating, distributing or
copying this message is strictly prohibited. If you have received this
message by mistake, please notify us, by replying to the sender, and
delete the original message immediately
thereafter. =
|
|