1 00:00:02,850 --> 00:00:14,290 So, if you have a one, we're going to call me 13, we do have a form of a case. That's one of the six, excuse me, I can't just say the same applies to the police, I'm pretty sure. 2 00:00:19,470 --> 00:00:24,250 I'd both do the existence of the planet, and I think that's where the answer is. 3 00:00:24,250 --> 00:00:28,730 And I think there are probably the most advanced one nation under the outline, 4 00:00:29,010 --> 00:00:33,150 in the middle of this whole, in the middle of the end of the distance for all. 5 00:00:33,890 --> 00:00:35,810 All of our research and answers lie on it. 6 00:00:35,870 --> 00:00:40,810 I'd like to really just to get in practice, one to pay, one to pay, one to pay, one to pay, 7 00:00:40,810 --> 00:00:41,290 one to the individual. 8 00:00:46,650 --> 00:00:47,610 This will be true to me. 9 00:00:49,900 --> 00:00:53,520 Is there any more in the audience who would like to give a public comment? 10 00:00:59,220 --> 00:01:05,140 For the next item, we're going to go to close and click an obsession, but I don't want 11 00:01:05,140 --> 00:01:10,440 an executive session pursuant to set you five and I want that zero second one, one 12 00:01:10,440 --> 00:01:14,600 of the Texas government code, consultation with council on legal matters. 13 00:01:15,820 --> 00:01:21,540 I didn't do executive session pursuant to set this government code, section five and I've 14 00:01:21,540 --> 00:01:24,540 about zero step and two, the deliberation regarding the 15 00:01:24,540 --> 00:01:28,800 property, and item three personnel, close machine to 16 00:01:28,800 --> 00:01:30,680 the expense of personnel matters in accordance 17 00:01:30,680 --> 00:01:34,620 out of five, section five, and one, got zero, seven or four, 18 00:01:34,800 --> 00:01:37,280 the next is government code, to discuss appointment, 19 00:01:37,840 --> 00:01:41,700 appointment, dilation, these possibilities and do these reassignment, 20 00:01:42,500 --> 00:01:45,000 discipline, or dismissal, or democracy, or an employee, 21 00:01:45,540 --> 00:01:48,800 or two here, complaint, or charge, and use an officer, or an employee. 22 00:01:49,440 --> 00:01:53,000 Okay, we're not going to process you in your 503. 23 00:01:53,080 --> 00:01:54,460 Thank you. 24 00:01:54,460 --> 00:01:56,740 Thank you. 25 00:01:59,410 --> 00:02:00,110 I'm back in. 26 00:02:00,270 --> 00:02:05,470 Okay, we're coming into an open session at 701. 27 00:02:06,690 --> 00:02:07,590 We can begin. 28 00:02:07,970 --> 00:02:09,730 I don't want to take action regarding that. 29 00:02:09,890 --> 00:02:11,250 It's just a nice executive session. 30 00:02:11,630 --> 00:02:14,150 There are no action items to take. 31 00:02:14,150 --> 00:02:19,950 executive session, looking out for item five, air-foot zoning ordinance, discussion with 32 00:02:19,950 --> 00:02:24,590 Purpose J for a basic initiative here for a consultant and former member of FAA leadership. 33 00:02:25,330 --> 00:02:29,230 And I'm going to turn this over to Ms. Gottlieg Jones to introduce that. 34 00:02:30,450 --> 00:02:31,190 All right. 35 00:02:31,870 --> 00:02:37,850 We'd like to keep this time to have a public presentation on some various thanks regarding 36 00:02:37,850 --> 00:02:46,210 airport in New Tarvins. I'd like to have a David and Sergeant and this group, be able to talk a 37 00:02:46,210 --> 00:02:52,030 little bit for our public regarding this is the group that fits together and helped bring 38 00:02:52,030 --> 00:02:57,130 together our current airport zoning armates. And David, have you heard? 39 00:02:58,730 --> 00:03:04,310 So my name is David Sergei. Thank you, Mayor. I think council providing me here. I'm going to be really 40 00:03:04,310 --> 00:03:11,790 And we'll talk about some of the history that I have gleaned over the time period of work with the city, about the airport ordinance. 41 00:03:12,290 --> 00:03:22,630 And it goes back to 1966, in 1966, a ordinance was passed as well by the county, signed by the county judge that established the zoning district. 42 00:03:23,790 --> 00:03:26,850 And back in 1978, it was amended. 43 00:03:26,850 --> 00:03:34,670 And some of the virgins there was given the standard of the time implied that this was about safety. 44 00:03:35,250 --> 00:03:40,590 If you look at the virgins of the actual ordinance, it talks about zone safety. 45 00:03:40,790 --> 00:03:45,090 You can't be both sort of height, impeding flight, and the glare. 46 00:03:45,550 --> 00:03:52,930 Some of the language that the FAA had been developing throughout this time period was reflected in 1978. 47 00:03:53,870 --> 00:04:01,910 In 2021, we were engaged to review and amend the ordinance to comply with state and federal law. 48 00:04:02,010 --> 00:04:08,010 The one thing that we had to do is include the county because it had deal with safety. 49 00:04:09,030 --> 00:04:18,270 And so essentially the ordinance that you have now complies with both state and federal law. 50 00:04:18,270 --> 00:04:25,470 It deals with grant assurances that we've talked about in the past that are very important because it can 51 00:04:26,370 --> 00:04:32,330 results in severe economic impact to the city if those grant assurances are not applied with. 52 00:04:34,150 --> 00:04:42,290 So, you know, I think we have an expert in the field here who I would like to do a lot of this presentation, but I think I'll turn it over to perch safer. 53 00:04:42,290 --> 00:04:48,630 So you talked about the FAA is going to be on this and thank you David. 54 00:04:55,980 --> 00:04:58,160 Good evening to Mayor and members of the Council. 55 00:05:01,160 --> 00:05:13,040 I know you know this, but I'm going to make a few comments for the record and for the benefit of the public about my qualifications and then a couple of personal disclosures. 56 00:05:13,040 --> 00:05:21,280 I was born and raised in Bay City, and went off to the United States Army straight out of the high school. 57 00:05:21,300 --> 00:05:30,260 Army educated me as a lawyer at the University of Texas, and never after about seven years as a federal prosecutor. 58 00:05:32,000 --> 00:05:35,920 I began my aviation career in 1986. 59 00:05:35,920 --> 00:05:44,540 in natural, I was the general counsel of the Metfond National Airport Authority for about 60 00:05:44,540 --> 00:05:54,020 18 or 19 years before I joined the George W. Bush administration as a Presidential appointee 61 00:05:54,020 --> 00:05:58,780 as the FAA associated administrator for airports. 62 00:05:59,380 --> 00:06:05,800 At the end of the Bush administration, I went back into private practice, I represented 63 00:06:05,800 --> 00:06:14,420 the largest air carrier airline in the world, the largest, when a car company in the world, 64 00:06:14,620 --> 00:06:21,680 the largest airport concessionaire in the world, the largest air carrier advocacy group 65 00:06:21,680 --> 00:06:30,860 in the largest helicopter advocacy group and the largest defense contractor in the world, 66 00:06:30,860 --> 00:06:41,960 all in relation to their aviation interests, I then went back to the Federal Aviation Administration 67 00:06:41,960 --> 00:06:48,080 in the Donald Trump administration, and that makes me the only person in the history 68 00:06:48,080 --> 00:06:53,880 of the FAA to hold the position of FAA Administrator for airports twice. 69 00:06:55,300 --> 00:07:00,320 Some people behind my back say you mean to say that you're the only person crazy enough to take 70 00:07:00,320 --> 00:07:06,760 And there's a hint of fact there. 71 00:07:08,580 --> 00:07:18,200 And so I'm now retired from the FAA and back in private practice and have extensive experience 72 00:07:18,200 --> 00:07:29,320 in evaluating and advising airport sponsors like the city of Bay City, airport tenants, folks who own 73 00:07:29,320 --> 00:07:40,100 and operate various types of businesses and other undertakings in close proximity to airports 74 00:07:40,100 --> 00:07:49,820 all over the country, literally from the East Coast to the West Coast. Personal disclosures, 75 00:07:49,900 --> 00:07:57,520 I'm adamant about full disclosure, and I know that you are too. And so I want to make 76 00:07:57,520 --> 00:08:05,560 it clear to all the members of the public, you already know this, I am very closely related 77 00:08:05,560 --> 00:08:14,140 to Councilman Finley's family, his mother, Jean Anne Finley, and I grew up from little 78 00:08:14,140 --> 00:08:15,400 toddlers together. 79 00:08:15,960 --> 00:08:21,200 And before that, her parents and my parents were the best of friends, since the time they 80 00:08:21,200 --> 00:08:28,920 little toddlers. And so now it's in the third generation. I guess I actually the fourth generation 81 00:08:28,920 --> 00:08:38,040 with Councilman Finley's daughters and his brothers son and daughter. And when I come to 82 00:08:38,040 --> 00:08:45,560 Bay City, I stay with Councilman Finley's family because if I didn't, his mother would ring 83 00:08:45,560 --> 00:08:46,620 my neck like a chair. 84 00:08:48,700 --> 00:08:53,640 I also have a very long standing relationship with Councilmember West 85 00:08:53,640 --> 00:09:00,000 Morton's family through his heathner relatives, Judge Burt heathner, and his wife Dorothy, 86 00:09:00,860 --> 00:09:09,060 and his cousin's Allison and Glenn and Sarah are all folks that I grew up with from my earliest 87 00:09:09,060 --> 00:09:19,620 memory here in Bay City and so, less than anybody say here for any reason other than to 88 00:09:19,620 --> 00:09:27,120 give you my best professional advice on the matters that are in front of you on this particular 89 00:09:27,120 --> 00:09:35,540 document matter will. There it is. Those are those are my connections within this room. 90 00:09:35,540 --> 00:09:46,120 So let's talk about the interrupt and you know the several of the landowners I do know I do quite know quite a number of the landowners the ones that 91 00:09:47,840 --> 00:09:51,280 Maybe or folks that I've talked to about this 92 00:09:54,960 --> 00:09:59,220 Joey Sleva are the millbunker George Harrison 93 00:09:59,220 --> 00:10:09,420 like that. And they called me. I think I learned about this matter, you know, working 94 00:10:09,420 --> 00:10:18,220 its way through the legislative process in a casual conversation with Councilman Finley's 95 00:10:19,180 --> 00:10:30,520 Parents, about six months ago, when I was visiting here in Bay City, one weekend, and I talked 96 00:10:30,520 --> 00:10:35,720 to Councilman Finley on and off about it in recent, in recent times. 97 00:10:37,120 --> 00:10:45,160 So this is my view of what you're dealing with on this particular agenda item. 98 00:10:45,160 --> 00:10:50,480 The most important aspect of this item is aviation safety. 99 00:10:51,340 --> 00:10:56,540 That's what the FAA does every day, no exceptions. 100 00:10:57,400 --> 00:11:06,100 And that's what every professional at the FAA does every day without exception. 101 00:11:06,100 --> 00:11:16,800 And it is by far the overriding concern from my perspective about what you're doing and 102 00:11:16,800 --> 00:11:24,760 whatever number two is on a different page, it's far less important than aviation safety. 103 00:11:24,760 --> 00:11:29,360 So, and I have read a very 104 00:11:32,850 --> 00:11:42,010 documents that have been provided to you by Ms. Jones as the city manager 105 00:11:42,010 --> 00:11:50,250 who is notified as the city attorney and Mr. Mason as your airport manager. 106 00:11:50,250 --> 00:11:55,910 And so here's what I see from a safety perspective. 107 00:11:57,710 --> 00:12:06,090 Number one, especially on your primary runway, which is runway 13, taking off into the wind, 108 00:12:06,710 --> 00:12:07,950 which is what you always try to do. 109 00:12:09,470 --> 00:12:18,610 If the last five of these turbine towers were to be approved by this body, 110 00:12:19,830 --> 00:12:29,050 And then that would increase the difficulty of departures for a large number of the aircraft 111 00:12:29,050 --> 00:12:37,770 that are either based at the city, municipal airport, or who use the airport on a transient 112 00:12:37,770 --> 00:12:38,390 basis. 113 00:12:38,410 --> 00:12:45,870 For example, stopping to get fuel or drop off a passenger or whatever they might be up to. 114 00:12:46,990 --> 00:12:55,950 And this is one of those, a lot of those aircraft are what we technical folks call single 115 00:12:55,950 --> 00:13:05,610 engine land and they're the least powerful aircraft, they're the aircraft that have 116 00:13:05,610 --> 00:13:12,450 By and large, the least advanced guidance systems and navigational aids, 117 00:13:14,670 --> 00:13:15,930 they are piloted 118 00:13:15,930 --> 00:13:23,850 by largely non-commercial pilots, who, and I can say this because I'm not a commercial pilot. 119 00:13:24,030 --> 00:13:25,390 I'm just a private pilot. 120 00:13:26,450 --> 00:13:33,370 We have less training, we have largely less experience than somebody who holds a commercial 121 00:13:33,370 --> 00:13:40,310 rating or is rated to fly a complex aircraft from multi-engine aircraft or a turbine 122 00:13:40,310 --> 00:13:50,110 engineer aircraft like that. And so, if you make it harder for those folks to take 123 00:13:50,110 --> 00:13:57,870 off from basic administrative order, meaning that they have to climb faster and get to a 124 00:13:57,870 --> 00:14:08,170 They altitude faster in order to safely clear these last five carbon towers that are for 125 00:14:08,170 --> 00:14:09,150 your consideration. 126 00:14:10,410 --> 00:14:19,810 Then you're making that pilot's job and you're making that airframes job harder in doing 127 00:14:19,810 --> 00:14:28,670 so you're assuming safety risk. As a safety professional, I can tell you that you don't 128 00:14:28,670 --> 00:14:37,830 ever assume safety risk unless you just literally don't have any other option. And those 129 00:14:37,830 --> 00:14:46,510 kinds of circumstances do arrive, arise. For example, in the Bush administration, I was part 130 00:14:46,510 --> 00:14:59,590 to putting a dog leg into an approach plate at LaGuardia airport in New York is by far the 131 00:14:59,590 --> 00:14:59,990 business. 132 00:15:00,000 --> 00:15:11,580 This is the most complex airspace that the United States owns. But Mayor Bloomberg, doing his job as the mayor at the time, 133 00:15:12,080 --> 00:15:22,380 he needed to put a garbage transfer station directly across the water from the end of one of the runways at Warnia. 134 00:15:22,380 --> 00:15:30,180 I mean, imagine how much garbage the city of New York generates in an hour or a day or a month. 135 00:15:31,000 --> 00:15:32,940 And they had nowhere else to put it. 136 00:15:33,360 --> 00:15:36,220 There was no other place to cite that thing. 137 00:15:36,360 --> 00:15:45,840 And so we were forced to put a dog-laid approach into the end of one of the runways there at the Gordia. 138 00:15:45,840 --> 00:15:52,460 From what I've read, from the numerous questions that I've asked and had 139 00:15:52,460 --> 00:15:57,020 greatly answered by your counsel and your city officials, 140 00:15:58,420 --> 00:16:01,220 that's not the circumstance that you're in. 141 00:16:02,040 --> 00:16:09,180 You're not in a circumstance where you have to assume safety risk, 142 00:16:09,460 --> 00:16:11,660 because there's no other option. 143 00:16:11,660 --> 00:16:21,990 And let me comment about the pilots again, just this might seem obvious, but it's still 144 00:16:21,990 --> 00:16:23,050 very exciting. 145 00:16:23,910 --> 00:16:30,630 Human beings make mistakes, and that includes pilots in command in the left seat of an aircraft. 146 00:16:31,210 --> 00:16:33,930 They're out there flying around and making mistakes, right? 147 00:16:34,550 --> 00:16:40,610 Not because they're negligent or because they're sloppy or whatnot, they're out there 148 00:16:40,610 --> 00:16:45,670 doing their best, but we human beings, we simply make mistakes. 149 00:16:46,490 --> 00:16:53,770 And so anything that you do, potentially, to make that pilot's job harder, 150 00:16:56,010 --> 00:16:56,630 it creases 151 00:16:56,630 --> 00:17:04,910 the chance that they will make a mistake, and those types of circumstances need to be avoided. 152 00:17:04,910 --> 00:17:16,150 Secondly, there's discussion in some of the documentation about the known fact that 153 00:17:16,150 --> 00:17:24,610 birds change their flight patterns in response to wind turbine farms. 154 00:17:25,230 --> 00:17:26,370 That makes sense. 155 00:17:26,770 --> 00:17:27,610 The birds are smart. 156 00:17:28,630 --> 00:17:34,890 They don't want to hit a turbine tower even any more than a pilot in an aircraft 157 00:17:35,890 --> 00:17:43,790 They do make mistakes, even those towers are well-lighted by federal regulation, or still hit them. 158 00:17:44,810 --> 00:17:54,910 But that's the rare occurrence, the more normal occurrence is, they figure it out and they change their flight patterns and their passenger patterns. 159 00:17:54,910 --> 00:18:01,630 And that, again, makes flying an airplane harder. 160 00:18:03,190 --> 00:18:05,290 You've seen in the news just like I have, 161 00:18:05,590 --> 00:18:09,350 what happens when an aircraft sucks up a bird. 162 00:18:09,970 --> 00:18:11,190 It's always bad. 163 00:18:12,010 --> 00:18:15,690 Even even when it's not catastrophic, 164 00:18:16,370 --> 00:18:17,710 it's a bad circumstance. 165 00:18:18,590 --> 00:18:22,090 And the pilot has to get that aircraft back on the ground 166 00:18:22,090 --> 00:18:24,890 as fast as they possibly can. 167 00:18:26,210 --> 00:18:34,230 Another third interesting safety implication of the agenda matter that is for your consideration 168 00:18:34,230 --> 00:18:46,990 presently is that wind, yes, wind turbines also are known to impact radar signals. 169 00:18:47,890 --> 00:18:54,650 Unfortunately, you can't know exactly what those impacts will be in a particular setting 170 00:18:54,650 --> 00:19:01,270 in a particular carbon farm until after the turbines are up in generating electricity. 171 00:19:02,870 --> 00:19:08,910 That's kind of too late if those turbines are interfering with the guidance systems 172 00:19:08,910 --> 00:19:15,870 that the pilots rely upon to help them guide those aircraft. 173 00:19:16,290 --> 00:19:23,790 That's particularly critical, and I mean, I can vividly remember 174 00:19:23,790 --> 00:19:30,830 growing up here the amount of fog that we have in Commander-in-County. 175 00:19:31,570 --> 00:19:34,650 And when it's foggy, it's really foggy. 176 00:19:35,190 --> 00:19:35,790 There's no. 177 00:19:35,950 --> 00:19:38,090 It's kind of like all or nothing. 178 00:19:38,090 --> 00:20:01,330 It's a serious situation, and so if a pilot is flying, if instrument rules and trying to rely upon their radar to get on the ground or to get off the ground, interference by a wind turbine would not be anything but a huge safety risk. 179 00:20:02,450 --> 00:20:16,710 In there are some modifications to the airport, under way, presently, that are public knowledge, 180 00:20:17,730 --> 00:20:19,990 that also have unsafe the implications. 181 00:20:20,190 --> 00:20:25,910 For example, the Texas Department of Transportation currently has under way for basic municipal 182 00:20:25,910 --> 00:20:31,290 report, a revision or an update to your airport layout plan. 183 00:20:31,630 --> 00:20:33,810 An airport layout plan is a federal document. 184 00:20:35,550 --> 00:20:37,450 It's a statutory definition. 185 00:20:37,590 --> 00:20:42,570 It's a major federal action that the FAA takes. 186 00:20:43,170 --> 00:20:46,990 They actually approve that document and physically sign it. 187 00:20:47,310 --> 00:20:51,230 And what that ALP shows is two things. 188 00:20:51,550 --> 00:20:55,190 It shows the current circumstances on your airport. 189 00:20:55,190 --> 00:21:00,030 the layout of the airfield, the dimensions of the airfield, all the buildings that are 190 00:21:00,030 --> 00:21:08,230 in existence, the navigation aids, the lighting obstructions in proximity to the airport. 191 00:21:08,910 --> 00:21:13,390 And then it also takes at least a five-year forward look. 192 00:21:13,770 --> 00:21:20,650 Based upon your capital improvement program that you have presented to the FAA for their consideration 193 00:21:20,650 --> 00:21:26,350 And in figuring out your grant needs going forward. 194 00:21:26,870 --> 00:21:33,530 And so, those, like, if I'm going to make these up, if they're, for example, is a runaway 195 00:21:33,530 --> 00:21:39,610 extension on the drawing boards, or another set of tea hangers to go along with the ones 196 00:21:39,610 --> 00:21:47,690 that you already have, or a new terminal, or an enlarged ramp for aircraft or whatnot. 197 00:21:47,690 --> 00:21:57,790 that those future projects that are in your Kaplan Prima program will also be shown on that ALP. 198 00:21:58,610 --> 00:22:05,630 But we don't know what the FAA is going to approve on that, 199 00:22:05,630 --> 00:22:12,110 Because they're still working on it, and so we won't know that until we know that. 200 00:22:12,410 --> 00:22:22,670 And so I suggest to you that this would be an inappropriate time to approve 201 00:22:22,670 --> 00:22:29,910 these last five turbine towers or fear that you will, in effect, 202 00:22:29,910 --> 00:22:59,770 Him in the airport, you will restrict the potential growth of the airport when it's a very valuable asset that, that already provides as you folks have seen better than I have, especially during natural disasters, you've got law enforcement folks flying in and out of that airport, you've got metavank helicopters, particularly, you've got disaster relief, aircraft bringing in. 203 00:23:00,610 --> 00:23:12,870 supplies, and you have the potential for overnight package delivery, faster mail service, 204 00:23:13,470 --> 00:23:19,530 things like that, which a lot of people don't, they don't necessarily think about that, 205 00:23:19,690 --> 00:23:24,590 because they don't, they don't see it, they don't drive out on the other side of Ben Black to 206 00:23:24,590 --> 00:23:30,770 look at the airport, actually they ought to. I could sit for hours and watch airplanes 207 00:23:30,770 --> 00:23:38,410 come and go, but that's just me, you know. But I think if they if they did that, they would 208 00:23:38,410 --> 00:23:44,910 have a much better understanding, a much more understanding of the value that that airport 209 00:23:44,910 --> 00:23:54,710 already brings to Madagore to County, and how that airport can grow and continue to benefit 210 00:23:54,710 --> 00:24:02,770 Madagore to County, not only through just data-day transportation services, but the economic impact 211 00:24:02,770 --> 00:24:10,690 that every airport in America throws off to their local community, whether it's a large hub like 212 00:24:10,690 --> 00:24:18,050 Just an intercontinental, which everybody around here is familiar with, are a general aviation, like basic emissable. 213 00:24:18,370 --> 00:24:19,110 No exceptions. 214 00:24:19,570 --> 00:24:34,390 Every last one of those 3,300 more or less obligated airports across the United States are economic generators for their community. 215 00:24:34,390 --> 00:24:46,450 And if you, if you made the wrong decision from a safety perspective, not only would you 216 00:24:46,450 --> 00:24:52,870 impair safety, which, of course, as I said, is by far the most countervailing consideration. 217 00:24:53,310 --> 00:25:01,290 But at the same time, you would add insult to injury by impairing the economic generator 218 00:25:01,290 --> 00:25:11,190 Now, on the other side of Anne Black, now there has been a suggestion in some of these 219 00:25:11,190 --> 00:25:19,710 maluminous documents that this is easy to fix, we'll just put a dog leg in a couple 220 00:25:19,710 --> 00:25:27,610 of the departure plates going off of runway 13, which is generally in the direction of 221 00:25:27,610 --> 00:25:30,010 these last five urban towers. 222 00:25:32,450 --> 00:25:37,190 I would advise you to think long and hard before doing that 223 00:25:37,190 --> 00:25:41,910 because, again, you're impairing safety. 224 00:25:46,670 --> 00:25:50,350 The landing phase and the takeoff phase of any 225 00:25:50,350 --> 00:25:58,590 aircraft, whether large or small, is the most unstable part of that flight. 226 00:25:59,850 --> 00:26:07,410 Up at cruise altitude, in cruise velocity, that's stable, wings level, going, going 227 00:26:07,410 --> 00:26:14,530 where you're going, but when you have that aircraft configured for takeoff or landing, 228 00:26:14,530 --> 00:26:21,150 That is a comparatively unstable phase of flight. 229 00:26:21,850 --> 00:26:28,090 So, if you, again, if you make the pilot's job harder, if that man or woman is 230 00:26:28,090 --> 00:26:34,090 going to have a seat that's actually flying that aircraft has to be focusing on yet another 231 00:26:34,090 --> 00:26:43,550 thing to do, to turn right or to turn left in the middle of a departure in order to avoid 232 00:26:43,550 --> 00:26:52,710 a turbine tower that is proposed in that area. You're just given that individual one more 233 00:26:52,710 --> 00:26:58,590 thing on their checklist that they are responsible for doing to get that aircraft safely 234 00:26:58,590 --> 00:27:05,050 off the ground and up and on its way to its destination. 235 00:27:07,570 --> 00:27:08,450 Now, 236 00:27:11,190 --> 00:27:14,130 related to that, it's another 237 00:27:14,130 --> 00:27:24,810 potential problem that you could face if those five turbine towers were put into operation. 238 00:27:25,910 --> 00:27:26,810 Like I said, 239 00:27:29,110 --> 00:27:39,610 the FAA has said is you would have to raise the departure plate to get to 240 00:27:39,610 --> 00:27:49,330 save altitude over those five towers. In other words, the aircraft will have to climb 241 00:27:49,330 --> 00:27:59,850 faster and get to a safe altitude faster in order to be safe. Well, you're talking about 242 00:27:59,850 --> 00:28:08,390 as I mentioned a moment ago, generally the aircraft that have the least amount of power 243 00:28:08,390 --> 00:28:16,390 compared to others. The ones that have the least gross payload, and so that pilot will 244 00:28:16,390 --> 00:28:27,070 then be faced with the prospect of taking on board less fuel and not flying as far or taking 245 00:28:27,070 --> 00:28:38,030 on less passengers or less payload to ensure that they can actually execute a faster, 246 00:28:38,030 --> 00:28:48,010 percent over those five turbine towers. The argument can be made legally that by doing that, 247 00:28:48,110 --> 00:28:57,610 you're restricting your airport. You're making your airport less available to the aeronautical 248 00:28:57,610 --> 00:29:06,130 public. And if that's correct, then you may be a wall thing toward a violation of the airport 249 00:29:06,130 --> 00:29:18,850 noise and capacity act of 1990. That act in a nutshell says that if you have a federally 250 00:29:18,850 --> 00:29:28,090 obligated airport, you may not restrict that airport and the access in and out of that 251 00:29:28,090 --> 00:29:37,770 airport without to members of the aeronautical public without going through what's called 252 00:29:37,770 --> 00:29:40,130 part 161 process. 253 00:29:46,140 --> 00:29:54,400 You don't want to do that. Part 161 process is very lengthy, very expensive, 254 00:29:54,400 --> 00:29:59,960 as a handful of millions of dollars and since then. 255 00:30:00,000 --> 00:30:12,520 That act was passed by Congress and signed into law in 1990. The FAA has approved exactly no Part 161 programs. 256 00:30:13,880 --> 00:30:26,980 So several airports across the country have tried to get to her, whether it was trying to keep certain types of heavy aircraft from flying in and out, 257 00:30:26,980 --> 00:30:35,480 Whether it was trying to lessen the noise in noise sensitive airports around their airport or any number of other reasons 258 00:30:35,480 --> 00:30:43,040 and they've spent millions and millions of dollars trying to do that, and the FAA has never improved one of those programs. 259 00:30:43,960 --> 00:30:54,180 And so you could get yourself in the box, a blind alley, where you permit these or me. 260 00:30:54,180 --> 00:31:00,650 You permit these five towers to be installed at the end, and then the FAA comes back and says, 261 00:31:01,860 --> 00:31:10,260 wait a minute folks, you just restricted your airport by racing the minimums for a lot of your 262 00:31:10,260 --> 00:31:20,060 based aircraft and a lot of your aircraft. You didn't get our permission, so you got to fix this. 263 00:31:20,060 --> 00:31:27,360 Well, the only two fixes that I can think of are removing those five towers after they're 264 00:31:27,360 --> 00:31:32,800 already up and running. I think as a practical matter, we can all imagine that that would 265 00:31:33,620 --> 00:31:41,680 be a very nasty piece of litigation with a bunch of people, you know. And donors and 266 00:31:41,680 --> 00:31:48,360 the developers and the power systems and like that, which I mean, who knows what the result 267 00:31:48,360 --> 00:31:58,360 of that would be in court or go to a part 161, we know exactly what the result of that 268 00:31:58,360 --> 00:32:02,660 will be, you'll spend millions of dollars trying to persuade the FAA that that was a good 269 00:32:02,660 --> 00:32:11,220 idea and they'll say no, and so I caution you to think a little more broadly and just the 270 00:32:11,220 --> 00:32:20,520 idea that there is maybe a physical obstruction aspect of this, or maybe there's a navigational 271 00:32:20,520 --> 00:32:29,080 equipment aspect of it's, in my judgment, a much water consideration, then what may have 272 00:32:29,080 --> 00:32:32,960 been proposed to you up to this point. 273 00:32:32,960 --> 00:32:44,240 Now, let me switch finally to FAA grant assurances. 274 00:32:44,780 --> 00:32:50,540 I know there's been a lot of discussion about that in the community and I'd like 275 00:32:50,540 --> 00:33:01,100 to give you a little more specific understanding of that process and also to kind of camp 276 00:33:01,100 --> 00:33:08,100 down some bad information that has been going around the community. 277 00:33:09,600 --> 00:33:19,920 As the mayor knows and has Ms. Odefe knows, every time the FAA gives you a grant, you have 278 00:33:19,920 --> 00:33:31,080 to sign a grant agreement with the FAA. It is a binding contract and a touch to that 279 00:33:31,080 --> 00:33:37,800 contract, after you read through a lengthy list of federal statutes, executive orders, federal 280 00:33:37,800 --> 00:33:38,700 regulations, 281 00:33:40,860 --> 00:33:49,040 you get to the 39 airports, sponsored, grant assurances that presently are on 282 00:33:49,040 --> 00:33:49,500 the books. 283 00:33:52,180 --> 00:33:58,080 Those grant assurances are not rules, they're not regulations, they're not 284 00:33:58,080 --> 00:34:05,600 And on policy statement that the FAA has drafted over the decades, each one of those 39 285 00:34:05,600 --> 00:34:11,380 grand assurances is virtually for Betham from a federal statute. 286 00:34:12,200 --> 00:34:23,180 Those 39 obligations must be performed by you as a federal, federally-obligated airport sponsor. 287 00:34:23,180 --> 00:34:33,140 And a couple of those are particularly pertinent to the matter that is presently before you. 288 00:34:33,500 --> 00:34:46,960 Number 20, talks about hazard removal and mitigation and protecting the approaches and departures from your airport. 289 00:34:46,960 --> 00:34:56,520 Now a lot of people think about that in some pretty straightforward and easily understood ways. 290 00:34:56,960 --> 00:35:04,700 For example, let's say you've got private property, 500 feet off the end of your runway, 291 00:35:05,460 --> 00:35:11,280 and right on the center line of the runway, there's a tree that's too tall. 292 00:35:11,280 --> 00:35:16,020 Well, it's your obligation to get rid of that tree. 293 00:35:16,700 --> 00:35:27,760 Otherwise, we're back to what I was talking about a minute ago, where the approaching departure plates of the airport have to be lifted in order to make sure aircraft get over that tree. 294 00:35:28,280 --> 00:35:36,240 It's your obligation whether through negotiation with the landowner to get a right of access. 295 00:35:36,240 --> 00:35:45,200 Maybe you have to pay for the right of access, maybe you have to go out and condemn a small portion 296 00:35:45,200 --> 00:35:46,680 of that property or whatnot. 297 00:35:47,000 --> 00:35:48,500 You got to get rid of that tree. 298 00:35:49,600 --> 00:35:54,980 Well, we're in the flip side or the flip circumstance. 299 00:35:55,880 --> 00:35:57,820 The tree hadn't sprouted yet. 300 00:35:57,820 --> 00:36:25,980 There are five, there are five proposals out there for some trees to sprout, to sprout in the form of turbine powers, and it's your duty under, for an assurance number 20, because it interferes with the approaches and departures from your airport, and with the safety of the airspace around your airport. 301 00:36:25,980 --> 00:36:42,120 to do everything that is reasonably within your authority to prevent that group of 5 trees from growing up and penetrating the approaches to your airport. 302 00:36:42,120 --> 00:36:49,100 And so, I caution you in a row to grant sure it's number 20. 303 00:36:49,780 --> 00:36:55,180 And then there's number 21 that comes obviously right behind it, which has to do with 304 00:36:55,180 --> 00:36:56,460 compatible things. 305 00:36:57,080 --> 00:37:12,100 You have a statutory duty, under federal law, and you have a contractual duty, to the 306 00:37:12,100 --> 00:37:21,720 that is reasonably within your authority to ensure that the land use around your airport 307 00:37:21,720 --> 00:37:27,580 within certain parameters and it's different for each airport depending upon the nature 308 00:37:27,580 --> 00:37:33,360 of the operations and the type of aircraft and the size of the airfield and whatnot to ensure 309 00:37:33,360 --> 00:37:41,720 And those surrounding land uses are maintained compatible with the operations of the airport 310 00:37:41,720 --> 00:37:51,600 and not surprisingly, number one on that list is saved, you got it, you got it, stay safe. 311 00:37:51,600 --> 00:38:03,780 And so, let's, let me, let me work taste this for you. 312 00:38:04,260 --> 00:38:13,600 Let's assume that you approve these five remaining towers under 313 00:38:13,600 --> 00:38:17,820 are some handful of them. 314 00:38:18,760 --> 00:38:26,240 Then, also assume that one of your existing tenants in it, somebody out there makes any 315 00:38:26,240 --> 00:38:32,580 municipal airport that's renting out any rent, any fuel flowage fees, and all that kind 316 00:38:32,580 --> 00:38:41,140 of stuff, is in one of these smaller aircraft that suddenly has to get off the ground 50% 317 00:38:41,140 --> 00:38:50,060 faster than what they have to do presently, and they go, and as the city council is not, 318 00:38:50,060 --> 00:38:57,420 they're not, they're not doing their job in hazard mitigation. 319 00:38:57,940 --> 00:39:04,440 They're not doing their job in ensuring that the compatible land uses around the airport 320 00:39:04,440 --> 00:39:13,540 remain that way. And so they would file what's called a Part 16 action. It's under Title 321 00:39:13,540 --> 00:39:23,560 14 of the Code of Federal Regulations Part 16. Now, as I've told you before, 322 00:39:26,780 --> 00:39:29,480 Part 16 is intended 323 00:39:29,480 --> 00:39:39,620 to be, and says in plain English that it is an expedited process, in my world, that's a joke. 324 00:39:40,500 --> 00:39:43,560 Because everybody said, oh, yeah, we're going to, you know, somebody that doesn't know better, 325 00:39:43,800 --> 00:39:48,220 they said, oh, I'm going to do it, part 16, and I'm going to get you straight now, and it's 326 00:39:48,220 --> 00:39:54,880 an expedited, and so you better, here we go, and you're going to get straight quick, nothing 327 00:39:54,880 --> 00:40:05,560 can be farther from the truth. That's a minimum of two-year process, even to get to the first 328 00:40:05,560 --> 00:40:12,300 level of decision. And that's what's called a director's determination. The director of 329 00:40:12,300 --> 00:40:20,480 airport compliance and systems management is a senior executive in the office of airports, 330 00:40:20,480 --> 00:40:28,500 reports directly to the Associate Administrator for airports, and so, at least two years 331 00:40:28,500 --> 00:40:35,600 to get to that director's decision. And then, if somebody doesn't like the director's 332 00:40:35,600 --> 00:40:42,420 decision, whether it's you or the person that filed the part 16 in the first place, then 333 00:40:42,420 --> 00:40:49,740 a appeal, the director's decision to the Associate Administrator for Air Force. 334 00:40:50,640 --> 00:41:00,580 That's another year or process, usually minimum, and all the quiet, all what you're doing, 335 00:41:02,120 --> 00:41:04,640 nothing against these good folks in misotope. 336 00:41:04,780 --> 00:41:09,960 I mean, they're doing a good job for you in my judgment, and I've seen some real messes 337 00:41:09,960 --> 00:41:11,660 in this, I'm telling you. 338 00:41:11,660 --> 00:41:18,480 They're doing a good job for you and it's been a pleasure to get to know them and to work with 339 00:41:18,480 --> 00:41:22,900 them and have my questions answered and wanted to likewise miss Jones. 340 00:41:24,080 --> 00:41:31,200 But all the time, you're just paying them in your white and so then the Associate Administrator 341 00:41:31,200 --> 00:41:34,760 for Airports issues what's called a final agency decision, 342 00:41:38,910 --> 00:41:43,210 that is a very serious responsibility 343 00:41:44,650 --> 00:41:53,870 I can't remember how many fans that I've ever issued, but I can tell you that during my two terms at the FAA, 344 00:41:54,870 --> 00:41:59,990 16 of my fans were appealed to federal circuit court. 345 00:42:00,430 --> 00:42:04,050 That's a straight, that's in the statute, it's a straight shot. 346 00:42:04,330 --> 00:42:09,890 It goes directly from the airports organization to federal circuit court. 347 00:42:09,890 --> 00:42:16,710 For example, here, it would go straight to norms, to the fifth to the fifth circuit. 348 00:42:18,710 --> 00:42:26,910 I've never been at 16 times, I've never been overturned, and a really good staff, good 349 00:42:26,910 --> 00:42:35,970 lawyers, a lot of hard work and professionals at the FAA, they're very proud of their 350 00:42:35,970 --> 00:42:39,790 track record, they don't want to be overturned either. 351 00:42:40,350 --> 00:42:41,830 And so, 352 00:42:44,090 --> 00:42:46,250 let's worst case it again. 353 00:42:47,350 --> 00:42:52,470 So let's say it gets, and in, let's say a part 16 354 00:42:52,470 --> 00:42:57,330 were built today. 355 00:42:57,730 --> 00:43:01,170 Well, I can't tell you who the Associate Administrative 356 00:43:01,170 --> 00:43:03,570 for your approach will be in three years. 357 00:43:05,310 --> 00:43:08,670 If President Biden wins, it might be my successor, 358 00:43:08,950 --> 00:43:14,310 Shneta Griffin, if she is re-appointed to that presidential position. 359 00:43:15,670 --> 00:43:18,450 If President Trump wins, I have no idea. 360 00:43:20,650 --> 00:43:26,550 But it will be three years at a minimum while you're paying the lawyers 361 00:43:26,550 --> 00:43:39,610 in the consultants and then let's say you lose and the FAA says, you violated 20, you violated 362 00:43:39,610 --> 00:43:52,370 21 or you violated one of the other of them, then you then your grants, your federal funds 363 00:43:53,870 --> 00:43:56,350 immediately are at risk. 364 00:43:59,250 --> 00:44:00,790 Here's how that's going to play it out. 365 00:44:03,230 --> 00:44:12,630 If you then have to go to New Orleans, then you're really not in some lawyers, because, you know, 366 00:44:14,200 --> 00:44:20,420 pellet work in federal circuit that's not what I do, but there are a lot of lawyers that 367 00:44:20,420 --> 00:44:26,520 do that. That's what that's the only thing they do, and they're really expensive. And then 368 00:44:26,520 --> 00:44:31,800 the clock starts running again and you're waiting on a bunch of judges on the federal circuit 369 00:44:31,800 --> 00:44:40,160 and whatnot. And so, and in the meantime, whether it's Ms. Griffin, my successor, or whoever 370 00:44:40,160 --> 00:44:47,980 is the next in line is the associated administrator. They've already cut off your discretionary funds. 371 00:44:48,820 --> 00:44:59,960 That one person with no process, no method. That one senior executive presidential appointee can cut. 372 00:45:00,000 --> 00:45:23,000 Your discretionary funding, the big pot of money off with a signature. So you've already been put off from the big pot. And then when you lose in the federal circuit, then your entitlement funding that you get automatically. 373 00:45:23,000 --> 00:45:32,320 It's a computer formula, an algorithm embedded in a financial computer, then that then 374 00:45:32,320 --> 00:45:36,300 then start a process to cut you off from that. 375 00:45:37,180 --> 00:45:39,040 And so here's how that works. 376 00:45:40,600 --> 00:45:43,880 The first thing they do is they cut you off from future cranes. 377 00:45:45,400 --> 00:45:52,220 If the violation is bad enough, then they'll stop paying on your current, you know, 378 00:45:52,220 --> 00:45:58,820 ones that are currently open, where as the project progresses, you pay periodic payments 379 00:45:58,820 --> 00:46:05,180 to the contractor to cut those payments off, and then if it's a really bad violation in 380 00:46:05,180 --> 00:46:13,480 the view of the FAA, they have the authority to turn around and call back from you the last 381 00:46:13,480 --> 00:46:19,480 six years of grants that you've got, whether they're a discretionary or entitlement that 382 00:46:19,480 --> 00:46:26,000 matter if it was an FAA grant, they can claw back six years' worth and so you end up writing 383 00:46:26,000 --> 00:46:34,560 the check to the Secretary of Transportation. I promise you that the Secretary doesn't want 384 00:46:34,560 --> 00:46:44,440 your money. That doesn't help grow the system. That doesn't help maintain airports, but the Secretary 385 00:46:44,440 --> 00:46:51,360 and have any discretion in that regard. You have pulled your end of the bargain on those 386 00:46:51,360 --> 00:47:00,500 crunchances and, and while it is not a routine thing for people to have their grants 387 00:47:00,500 --> 00:47:08,900 clawed back or stopped, it does happen and it could happen to you and here's how. You get 388 00:47:08,900 --> 00:47:13,020 So the end of the road in the federal circuit and you lose, 389 00:47:15,180 --> 00:47:19,960 and again, I'm not wishing 390 00:47:19,960 --> 00:47:24,860 you get a bad luck, I'm really not, I'm just telling you what the numbers will show 391 00:47:24,860 --> 00:47:25,680 you. 392 00:47:26,180 --> 00:47:34,540 The FAA is really serious about this and they're really proud of their record in court. 393 00:47:36,220 --> 00:47:40,580 They rarely, rarely get overturned. 394 00:47:41,640 --> 00:47:46,220 And so, you lose, and the FAA then comes back to you and says, 395 00:47:46,260 --> 00:47:50,380 I hear, you want these grants back, and of course you say, 396 00:47:50,520 --> 00:47:54,440 of course, you want these grants back, and what do I have to do? 397 00:47:54,960 --> 00:48:00,040 And they say, fixed this problem. You, you fixed this problem. 398 00:48:00,040 --> 00:48:05,080 If they didn't have any jurisdiction to fix it, you fix it. 399 00:48:05,220 --> 00:48:14,580 And so then you turn around to the landowners underneath these five remaining carbon towers, 400 00:48:15,120 --> 00:48:20,800 you turn around to the developer that put them there in the first place and their investors 401 00:48:21,740 --> 00:48:27,760 and it's whole host of characters and say, we got to get rid of those five towers. 402 00:48:27,760 --> 00:48:37,080 And they say, sorry, but we'll see you in court, and they may put a preemptive strike 403 00:48:37,080 --> 00:48:38,840 on you when they know what you're thinking. 404 00:48:39,400 --> 00:48:48,740 And again, you're stuck, you're in a box, and you can't find your way out because you 405 00:48:48,740 --> 00:48:55,860 can't, as a practical matter, get rid of the problem, and on the other hand, well, you 406 00:48:55,860 --> 00:49:01,400 You might, but that would be a lot of expensive litigation over a long period of time. 407 00:49:02,300 --> 00:49:08,800 And at the same time, you've got to have the money, you need to keep growing the airport 408 00:49:08,800 --> 00:49:15,060 and that for most people that takes federal funding, that's why that trust fund is there, 409 00:49:15,060 --> 00:49:28,200 It's been there since 1982, and so not that Congress appropriates enough on an annual basis, 410 00:49:28,200 --> 00:49:29,980 but that's a separate subject. 411 00:49:30,740 --> 00:49:36,300 If you have a chance to talk to your senators and congressmen, you might tell them they've 412 00:49:36,300 --> 00:49:40,140 been stuck at 3.3 billion for over 10 years now. 413 00:49:40,140 --> 00:49:47,360 We all know the cost of doing anything, including airfield construction, has gone up a lot in over 10 years. 414 00:49:48,220 --> 00:49:50,580 So that's just a little 415 00:49:52,790 --> 00:49:58,570 political rant and I guess you have it, but my point obviously is this. 416 00:49:59,030 --> 00:50:05,190 You've got a very serious decision to make here. There are all sorts of implications, 417 00:50:05,190 --> 00:50:14,530 which I hope I've described to your satisfaction, but the one who always got to come back to the 418 00:50:14,530 --> 00:50:25,310 one that you must remain focused on to the exclusion of all else is aviation safety. That's what 419 00:50:25,310 --> 00:50:35,830 rules of the Roost, so to speak, and so, again, I compliment Ms. Odefay, Ms. Jones, lawyers 420 00:50:35,830 --> 00:50:40,010 and consultants that have advised you up to this point, I do think they're doing a great 421 00:50:40,010 --> 00:50:50,650 job for Luria, and I urge you to remain focused on safety, because you've got a greater 422 00:50:50,650 --> 00:50:56,350 report, a lot better airport than one that I grew up on over here on a normal street, 423 00:50:56,350 --> 00:51:02,230 over on the backside of the river tracks there, there's still a hangar up over there, too. 424 00:51:02,490 --> 00:51:02,770 It's all right? 425 00:51:03,110 --> 00:51:09,110 My father built one of them in your grandfather, contributed to part of it because one 426 00:51:09,110 --> 00:51:10,790 of his aircraft was in it, too, sir. 427 00:51:11,030 --> 00:51:18,970 He had me after working on it, and so, you know, he got a great asset there. 428 00:51:18,970 --> 00:51:25,490 It's growing, it's having a great economic impact on the city of Bacity in Managora County. 429 00:51:25,850 --> 00:51:32,410 It's got a lot of potential for advancement as a part of the system of airports 430 00:51:32,410 --> 00:51:39,850 that America is justifiably proud of, and so just stay focused on safety. 431 00:51:41,610 --> 00:51:42,230 Any questions? 432 00:51:42,230 --> 00:51:56,150 One question I would like you to address is FAA safety versus local airports safety because we've been told that these air study shows that FAA says they're safe. 433 00:51:56,630 --> 00:52:11,110 Well, yes I've read all those studies and those those five are only God knows how many of those studies I've read in the last 38 years. 434 00:52:11,110 --> 00:52:12,710 But it's a lot, 435 00:52:14,850 --> 00:52:27,610 there is a difference in what the FAA looks at during an obstruction and airspace 436 00:52:27,610 --> 00:52:35,110 analysis and obstruction evaluation and airspace analysis and what the airport sponsor 437 00:52:35,110 --> 00:52:41,210 you are responsible for through your grain assurances. 438 00:52:43,130 --> 00:52:51,490 The FAA basically looks at everything above 200 feet. 439 00:52:52,650 --> 00:53:01,350 If you're proposing to build something that physically would extend more than 200 feet 440 00:53:01,350 --> 00:53:04,850 above ground level or some other 441 00:53:04,850 --> 00:53:10,790 classes, if you're going to build an airport within a certain distance around an airport 442 00:53:10,790 --> 00:53:20,930 that's going to be chief in reflective glass, or if you're going to build any sort of 443 00:53:20,930 --> 00:53:28,190 installation that gives off radio waves, electromagnetic pulses, anything like that that might 444 00:53:28,190 --> 00:53:37,890 interfere with navades or guidance systems on aircraft or radios on aircraft, then you must 445 00:53:37,890 --> 00:53:44,810 file what's called a form 7460-1. And that's been done and you can see the results, 446 00:53:45,410 --> 00:53:51,730 the first step in that process was the filing of 7460-1. And now you've got the evaluation. 447 00:53:51,730 --> 00:54:04,370 But that is effectively from 200 feet up to the heavens, below 200 feet, that bothers to you. 448 00:54:06,210 --> 00:54:11,070 Now, I don't want to get an argument with the real estate lawyers, because I'm not on. 449 00:54:11,150 --> 00:54:19,630 Some real estate lawyers will say, well, actually, the federal government doesn't own until 400 feet H-E-L. 450 00:54:19,630 --> 00:54:25,930 I love it. It doesn't make any difference. The subject today is that FLA has looked 451 00:54:25,930 --> 00:54:34,730 above 200 feet, but they're turning to you and saying, you got to fill that gap from 452 00:54:34,730 --> 00:54:44,850 the ground up to 200 feet, H-E-L. And that's exactly what your airport zoning ordinance 453 00:54:44,850 --> 00:54:54,170 does. It takes it all the way down to the ground and it talks not only in about physical 454 00:54:54,170 --> 00:55:01,370 instructions, but it talks about noise and talks about why my hazard, which are an honest 455 00:55:01,370 --> 00:55:10,730 to God problem, or especially an aircraft that is in takeoff or landing configuration and 456 00:55:10,730 --> 00:55:22,690 unstable at that point. And so that's the, if somebody, if somebody reads just the front 457 00:55:22,690 --> 00:55:31,450 page of one of those OE AAA reports, they go, hey, no problem. Come on folks. Keep reading. 458 00:55:32,350 --> 00:55:40,250 And you get back into the details and they talk about, for example, they talk about the 459 00:55:47,680 --> 00:55:54,440 That's a visual whiteboardal route that's on the aeronautical chart, along with the airport. 460 00:55:56,680 --> 00:56:02,340 And they mentioned that there's not a whole lot of traffic on B-70. 461 00:56:05,040 --> 00:56:06,680 That's not the way I think about safety. 462 00:56:07,480 --> 00:56:11,500 If you're not one aircraft out of the sky, you've messed up. 463 00:56:11,940 --> 00:56:13,240 This is not about... 464 00:56:14,100 --> 00:56:16,940 This is not about minimizing risk. 465 00:56:16,940 --> 00:56:24,120 This is about not assuming the risk in the first place when you don't have to. 466 00:56:25,080 --> 00:56:30,780 You're not in that box where, oh my God, we have to have this and there's no other alternative. 467 00:56:31,160 --> 00:56:32,880 That's not where you are. 468 00:56:34,040 --> 00:56:36,200 And so did that answer your question? 469 00:56:36,260 --> 00:56:36,580 Yes sir. 470 00:56:36,580 --> 00:56:37,780 There's other very well. 471 00:56:39,960 --> 00:56:40,580 You have a council. 472 00:56:41,200 --> 00:56:42,160 Members have any questions? 473 00:56:42,580 --> 00:56:47,400 No, but I would like to thank you for your time and efforts. 474 00:56:49,880 --> 00:56:51,380 I'm so sorry, thank you. 475 00:56:51,400 --> 00:56:52,600 Before you take all of us, 476 00:56:52,760 --> 00:56:54,920 we have some people here from the public. 477 00:56:55,720 --> 00:56:57,500 If you have your question, 478 00:56:57,800 --> 00:56:58,540 has it been answered? 479 00:56:58,760 --> 00:57:00,340 Would you like to get your question answered? 480 00:57:00,540 --> 00:57:01,900 If you have any. 481 00:57:06,550 --> 00:57:07,510 I want to make sure. 482 00:57:07,990 --> 00:57:08,710 Okay. Thank you, sir. 483 00:57:08,990 --> 00:57:09,830 Thank you. 484 00:57:10,130 --> 00:57:10,470 Thank you. 485 00:57:10,470 --> 00:57:10,590 Thank you. 486 00:57:11,090 --> 00:57:11,210 Thank you. 487 00:57:11,310 --> 00:57:11,490 Thank you. 488 00:57:11,490 --> 00:57:11,650 Thank you. 489 00:57:19,230 --> 00:57:20,110 Thank you. 490 00:57:20,110 --> 00:57:24,030 the last six years and potentially be talking. 491 00:57:24,130 --> 00:57:25,110 We have about 10 million over. 492 00:57:25,110 --> 00:57:25,790 10 million over. 493 00:57:26,350 --> 00:57:28,370 And the city could be a lot ofable for. 494 00:57:28,410 --> 00:57:29,930 If you would have to pay back then. 495 00:57:32,670 --> 00:57:33,710 And not get me more. 496 00:57:34,430 --> 00:57:34,670 Right. 497 00:57:36,670 --> 00:57:38,550 Any other comment, concerns? 498 00:57:38,670 --> 00:57:39,230 Questions? 499 00:57:39,550 --> 00:57:41,570 Council has more to bring up before we adjourn? 500 00:57:42,470 --> 00:57:43,630 We didn't go. 501 00:57:43,910 --> 00:57:44,730 We didn't close session. 502 00:57:44,870 --> 00:57:48,050 But I don't think there's anything concerning about it. 503 00:57:48,050 --> 00:57:55,070 We have had tentatively talked about an April 29th date, just that's that hearing. 504 00:57:55,970 --> 00:58:03,310 I have not heard that on that date from the applicant of Perlivariance. 505 00:58:03,850 --> 00:58:11,450 Didn't know how y'all scheduled still was, but if y'all want to move forward with that date as the date, 506 00:58:11,450 --> 00:58:18,870 We'll continue moving forward and having on the April 23rd agenda to approve the rules. 507 00:58:19,450 --> 00:58:28,030 The rules that you'll abide by as the Board of Adjustments in the case are in the granting of variances. 508 00:58:29,710 --> 00:58:35,270 And so just to let us know if that date is still feasible for everybody. 509 00:58:37,950 --> 00:58:41,430 It is, I'm good for it. 510 00:58:41,430 --> 00:58:43,250 From 24 to midnight. 511 00:58:44,270 --> 00:58:44,830 From Monday. 512 00:58:45,610 --> 00:58:47,390 And that would be five or six o'clock. 513 00:58:47,750 --> 00:58:48,410 Yeah, probably. 514 00:58:48,690 --> 00:58:49,930 I mean, the earlier, the better. 515 00:58:50,210 --> 00:58:51,590 This is what it means of hearing. 516 00:58:54,400 --> 00:58:55,500 You said, the 29. 517 00:58:57,750 --> 00:58:58,450 That's the date. 518 00:58:58,650 --> 00:59:00,110 We attend a temporary chat. 519 00:59:02,030 --> 00:59:03,210 And I can let you know. 520 00:59:03,570 --> 00:59:04,530 I'm not going to be. 521 00:59:07,150 --> 00:59:08,610 I'm not going to be here. 522 00:59:08,610 --> 00:59:09,390 I'm the 29. 523 00:59:09,750 --> 00:59:10,310 You're not. 524 00:59:10,350 --> 00:59:11,610 I will not be here. 525 00:59:13,940 --> 00:59:14,920 I'll leave you. 526 00:59:15,300 --> 00:59:15,780 I'm available. 527 00:59:16,180 --> 00:59:17,120 I'll be out in the town. 528 00:59:18,000 --> 00:59:19,400 Here's I'm available. 529 00:59:21,720 --> 00:59:24,340 You would time would you prefer to start? 530 00:59:26,060 --> 00:59:26,200 Maybe. 531 00:59:31,770 --> 00:59:33,830 Or if you didn't need to buy a beer at four. 532 00:59:34,050 --> 00:59:34,450 We're having a beer. 533 00:59:35,150 --> 00:59:35,730 Would that help? 534 00:59:36,130 --> 00:59:36,210 Or? 535 00:59:36,730 --> 00:59:38,150 I'd need to travel from San Antonio. 536 00:59:40,010 --> 00:59:40,810 Would four help? 537 00:59:41,130 --> 00:59:41,410 Would that be? 538 00:59:42,030 --> 00:59:42,410 Okay. 539 00:59:44,270 --> 00:59:44,510 Yeah. 540 00:59:44,510 --> 00:59:47,430 Yeah, I'm not going to be here. I'm watching it. 541 00:59:47,510 --> 00:59:48,750 So force power here. 542 00:59:49,990 --> 00:59:50,190 Okay. 543 00:59:50,190 --> 00:59:50,650 It's okay. 544 00:59:52,230 --> 00:59:52,630 Tings. 545 00:59:53,930 --> 00:59:55,170 I don't know what it means to that. 546 00:59:56,470 --> 00:59:56,710 Okay. 547 00:59:59,730 --> 00:59:59,930 Okay. 548 01:00:12,390 --> 01:00:15,450 I really don't want to miss. 549 01:00:18,250 --> 01:00:24,130 I don't, I will talk to them and say if we can get an ultrasound. 550 01:00:24,130 --> 01:00:39,990 And real quick, I'd like to, yeah, I said, I want to thank James Mason as well and didn't acknowledge and recognize him for all his work and yes, all the information he's provided has been extremely helpful. 551 01:00:40,650 --> 01:00:50,970 And you've done a good job keeping us abreast. Let's go on and inform to help make this decision that is obviously pretty difficult. 552 01:00:52,010 --> 01:00:55,230 As well as the attorneys, Mr. Surgeon, his associates. 553 01:00:56,110 --> 01:00:57,270 Thank you all for coming down. 554 01:00:58,930 --> 01:01:02,490 It's actually, it's made us feel, made me feel tremendously. 555 01:01:05,330 --> 01:01:06,510 A little more at ease. 556 01:01:07,070 --> 01:01:11,810 Just to understand the process and things that we didn't know before. 557 01:01:12,130 --> 01:01:14,690 So I appreciate all that information and James. 558 01:01:17,530 --> 01:01:21,590 Thank you so much for coming down and spending your time with us. 559 01:01:21,750 --> 01:01:23,030 We appreciate that. 560 01:01:23,110 --> 01:01:31,130 Hopefully we can remind people that the type of this session will be on the city's 561 01:01:31,130 --> 01:01:34,110 website for viewing after today. 562 01:01:35,090 --> 01:01:39,110 We do keep those videos available for the public to watch at any time. 563 01:01:39,110 --> 01:01:48,230 anyone who would want to educate themselves by Mr. Schaefer and Mr. Sarge's discussions in open 564 01:01:48,230 --> 01:01:54,850 session, they will be available to watch. And we might want to point them that direction. 565 01:01:55,130 --> 01:02:01,930 I have to say that it is an enjoy to work with Kirk Schaefer and an honor, really, because 566 01:02:01,930 --> 01:02:10,050 So accomplished, and for him, the volunteer, this was a volunteer situation that he volunteered 567 01:02:10,050 --> 01:02:18,390 to come to, and to educate council of his own town, and should be proud of a hometown 568 01:02:19,490 --> 01:02:21,650 help here, appreciate it very much. 569 01:02:22,170 --> 01:02:22,630 Thank you, sir. 570 01:02:22,890 --> 01:02:23,190 Thank you. 571 01:02:24,090 --> 01:02:30,210 We're going to work on some Cuban A's to folks too, and in the near future, that would help some people 572 01:02:30,210 --> 01:02:30,750 out there. 573 01:02:30,750 --> 01:02:34,750 And I don't know any other experts in any other things, so you don't need to. 574 01:02:35,590 --> 01:02:40,490 I don't know how to get above the bat. 575 01:02:41,250 --> 01:02:42,950 I mean, wow. 576 01:02:43,290 --> 01:02:43,490 Why? 577 01:02:43,790 --> 01:02:45,370 We're standing on your shoulders, Blaine. 578 01:02:46,810 --> 01:02:48,350 Stakely going to the gym, stay strong. 579 01:02:48,770 --> 01:02:49,010 No, John. 580 01:02:50,550 --> 01:02:53,710 You don't get much better. 581 01:02:54,310 --> 01:02:56,030 And I'd like to... 582 01:02:57,110 --> 01:02:58,250 Uncle Blaine's compliments. 583 01:02:58,330 --> 01:03:00,890 Thank you so much for all that you've done to be here to help us out. 584 01:03:00,890 --> 01:03:06,050 of the educators in the other comments and need to move to a general motion. 585 01:03:06,470 --> 01:03:08,210 Again, all of them say hi. 586 01:03:08,230 --> 01:03:08,330 All right. 587 01:03:08,550 --> 01:03:08,670 Thank you.