Resolution 1993-090
RESOLUTION NO. 93- ~
MARCH 9, 1993
RESOLUTION TO APPROVE A LETTER BY THE AIRPORT MANAGER PERMITTING THE
UTILIZATION OF A PORTION OF THE AIRSPACE ABOVE THE IMHOKALEE AIRPORT
FOR AN AEROBATIC P~CTICE BOX FOR ONE (1) YEAR.
WHEREAS, Collier County has been requested by the members of
the Everglades Aerobatic Group to permit the utilization of a
portion of the airspace of the Immokalee Airport for an aerobatlc
practice box; and
WHEREAS, the Irnmokalee Airport Advisory Board has recommended
to the Board of County Commissioners that the members of the
Everglades Aerobatic Group be permitted to utilize the airspace for
aerobatic practice only, as shown on Exhibit "A;11 and
WHEREAS, the Federal Aviation Administration owns and controls
the airspace above the Immokalee Airport, and Collier County's
consent is requested to maintain a spirit of cooperation; and
WHEREAS, the Federal Aviation Administration, Flight Standards
District Office - 19, will issue a Certificate of Waiver or
Authorization to the Everglades Aerobatic Group to utilize the
Immokalee Airport airspace upon permission being granted by the
Airport Manager of Collier County; and
WHEREAS, the Federal Aviation Administration, Flight Standards
District Office - 19, has requested that the Airport Manager submit
a letter permitting the aerobatic practice box at the Immokalee
Airport, subject to a Certificate of Waiver or Authorization issued
by the Federal Aviation Administration, Flight Standards District
Office - 19; and
WHEREAS, the letter of permission is being requested pursuant
to the Federal Aviation Administration guidelines (8700.1 CHG 4)
which requires that the holder of the Certificate of Waiver or
Authorization must obtain, and hold on a continuing basis throughout
the duration of use of the aerobatic practice box, the permission of
the Airport Manager (or lando~ner if over private property) over
which the aerobatic flight is conducted; and
WHEREAS, the Federal Aviation Administration guidelines are a
suggested matter of practice and not required by law; and
WHEREAS, a copy of the proposed Certificate of Waiver or
Authorization is attached as Exhibit liB;" and
WHEREAS, a copy of the proposed letter of permission to the
Federal Aviation Administration, Flight Standards District Office _
19, is attached as Exhibit "C;" and
WHEREAS, the Risk Management Department has determined that
Collier County is adequately protected by its general liability and
insurance and the insurance of the members of the Everglades
Aerobatic Group.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County COlilmissioners approves the attached letter
to the Federal Aviation Administration, Flight Standards District
Office - 19, granting permission to utilize a portion of the
airspace of the Immokale~ Airport by members of the Everglades
Aerobatic Group for the practice of aerobatic maneuvers only.
2. The Board of County Commissioners authorizes the Airport
Manager to execute and deliver the attached letter of permission to
the Federal Aviation Administration, Flight Standards District
Office - 19.
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This Resolution adopted after motion, second an~~~~ofit9926te.
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.,DATE:.:;:l :1
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. :ATTEST:' -:::
,., ; DWIGHT E. BROCK, Clerk
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"':/:" .'...: yClerk
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Approved as to form and
legal sufficiency:
/1. J. -j 1Jd~
Heidi F. Ashton
Assistant County Attorney
ONERS
BY:
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nOl; 000 W., 58
MARCH 9, 1993
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MARCH 9, 1993
EXHIBIT "B"
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U~ Deportment
01 Transpo.1ohon
__ Aviation
Ac:Sm6nIstration
Flight Standards District Office-19
P,O, Box 592015
Miami, Florida 33159
Tel. (305) 526-2570
T< ~J'~::. /:. r..~ :: "\}r~ :~>
January 12, 1993
;:E.~Oli991
Ms. Deena L. Quinn
Real Property Supervisor
Real Property Management Department
3301 Tamiami Trail East
Naples, FL 33962
7<:~t:,L f'~~F'EP.1'{ !,.~r~rAT.
Dear Ms. Quinn:
Enclosed is a copy of the Special Provisions to be issued to the
Everglades Aerobatic Group for your review. The Everglades
Aerohatic Group is required to submit to our office a letter of
approval from the Immokalee Airport Manager before it's issuance.
The certificate holder, Mr. David L. Ebershoff, shall be
responsible for the strict observance of the terms and provisions
contained herein. St. Petersburg Flight Service Station and Ft.
Myers Approach and Departure Control personnel have no objections
to the aerobatic practice area at it's present location, provided
they are notified in advance.
The Immokalee Airport Manager may stipulate compliance required
by the Risk Management Department in a letter of approval and
this letter will be required as part of our file before the
issuance of the Certificate of Waiver or Authorization and
Special Provisions.
. ~ Sincerely,
. .~ .,.
~w~
Geographic Unit
Enclosure
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MARCH 9, 1993
Special Provisions
Aerobatic Practice Area
1. Responsibility for compliance with the terms of the waiver
issued for aerobatic practice areas rest with the pilot.
However, in cases where the waiver is issued for members of
an organization, a designated individual responsible for
overseeing compliance with the terms of the waiver should be
identified to the FAA. When this occurs, provision i 11 must
be added to the waiver.
2. This waiver is not valid if the visibility is less than three
miles or the ceiling is less than 2,500 feet. Aerobatic
maneuvers shall be conducted at least 500 feet below clouds.
3. Each pilot using the aerobatic practice area shall notify:
A. Ft. Myers App/Oep Control at (813) 768-1377 at least 30
minutes before operation begins and again when the flight
activity is completed.
B. St. Petersburg Flight Service Station at (800) 275-3071
(NOTAMS) at least 30 minutes before operation begins and
again when the flight activity is completed.
4. Aerobatic flight shall be conducted between the hours of
official sunrise and sunset.
5. Each pilot using the aerobatic practice area shall use two
way radio communications and a designated ground crewmember
shall alert that pilot of other aircraft in the vicinity of
the Immokalee Airport.
6. The holder of the certificate of waiver or authorization
shall :
A. advise the Miami Flight Service Station before commencing
aerobatic flight operations of the duration of the
activity and request that a Notice to Airman (NOTAM) be
issued.
B. be responsible for the conduct of all aerobatic
operations within the operating area. The certificate
holder shall also maintain a record of pilots and
aircraft using the practice area, indicating name,
certificate type and number, and aircraft type and
registration number.
c. ensure that parti:-ipants are briefed on the special
provisions and tr.e aerobatic practice area.
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2
MARCH 9, 1993
7. Before performing any aerobatic sequence, level clearing turns
to the left and right shall be made and the area scanned
thoroughly. Every reasonable action shall be taken to assure
the area is clear before executing any aerobatic maneuvers.
8. The holder of the certificate of waiver has the responsibility
to halt or cancel activity if at any time the safety of
persons or property on the ground or in the air is in jeopardy
or if there is a contravention of the terms or conditions of
the waiver. The pilot is responsible for halting operations
if unauthorized persons enter the operating area.
9. For waivers involving aerobatic practice areas, the holder of
the waiver must obtain and hold, on a continuing basis
throughout the duration of this certificate of waiver, the
permission of the airport manager and the property owner over
which aerobatic flight is conducted.
10. Aerobatics conducted under the provisions of this waiver are
limited to those aircraft and pilots approved by appointed
officials named by the waiver holder. Such approving
officials shall assure that:
A. Each aircraft using the area is airworthy and properly
certified.
B. pilots using the area are properly certificated and
briefed on the confines of the waived airspace and terms
of the waiver.
!OO~ 000 PIS, 52
MARCH 9, 1993
EXHIBIT "c"
~
COLLIER COUNTY GOVERNMENT
'lRANSPORT A TION SERVICES DlVISION
ADMINISTRATION
:m1 E. TAMIAMI TR., B1.OO, D
NAPlES, FL 33962
\813) 774-ll191
A CDmFIED BUJE CHIP a:>MMUNlIY
CERTIFIED RETURN RECEIPT REQUESTED I
March 9, 1993
Mr. Phillips Moore
Geographic Unit
u. S. Department
Federal Aviation
Flight Standards
P. O. Box 592015
Miami. Florida
of Transportation
Administration
District Office - 19
33159
Re: Certificate of Waiver or Authorization for Everglades
Aerobatic Group Requested by Mr. David L. Ebershoff, a
Member of the Everglades Aerobatic Group
Dear Mr. Moore:
Please be advised that Collier
utilization of the airspace of the
David L. Ebershoff and members of
Group, subject to the following:
County will permit the
Immoka lee Airport by Mr.
the Everglades Aerobatic
1. The group members shall submit to Collier County
prior to the Federal Aviation Administration, Flight Standards
District Office 19, issuing the Certificate of Waiver or
Authorization, Certificates of Insurance in the amount of
$1,000,000.00 combined single limits. Upon receipt of the
required Certificates of Insurance, the Federal Aviation
Administration, Flight Standards District Office - 19, will be
notified in writing, by certified or registered mail, postage
prepaid, to the Federal Aviation Administration, Flight
Standards District Office.
2. Collier County may revoke it:s permission, for
any reason whatsoever, and the Federal Aviation Administration,
Flight Standards District Office - 19, shall be notified in
writing, outlined above.
&001 fJOO PI(( f.i3
MARCH 9, 1993
Mr. Phillips Moore
Geographic Unit
u. S. Department of Transportation
Federal Aviation Administration
Flight Standards District Office - 19
March 9, 1993
Page Two
3. The Certificate of Waiver or Authorization
should be amended prior to issuance to reflect that Mr. David L.
Ebershoff, a member of the Everglades Aerobatic Group, shall
ensure that participants are thoroughly briefed on the
provisions of the Certificate of Waiver or Authorization.
4. The Federal Aviation Administration, Flight
standards District Office - 19, shall allow runways 4/22 and
18/36 to remain open during the aerobatic practice when held at
the Immokalee Airport.
If you should have any questions, please feel free to contact me
at (813) 394-3355. Thank you.
Sincerely yours,
George Moore
Airport Manager
CC: Collier County Attorney's Office
Collier County Risk Management Department
Immokalee Collier County Sheriff's Substation
Immokalee Emergency Services
David L. Ebershoff
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