FBCC considers skydiving and airport matters

Submitted by Suanne Z. Thamm

Reporter -- News Analyst

September 18, 2014 2:32 p.m.

Commissioners Charlie Corbett and Sarah Pelican chat with former AAC member Andy Curtin before the meeting.

A significant portion of the Fernandina Beach City Commission’s (FBCC) Regular Meeting agenda for September 16, 2014 dealt with aviation or airport-related matters:  a potential tandem skydiving operation, the city airport Master Plan and Layout Plan, and whether to continue requiring completed operations insurance from airport businesses.

Pieces of 8 Skydiving

Commissioners devoted the first half hour of their meeting to a presentation from Rick Hornsby, who pitched his company—Pieces of 8 Skydiving—as a potential addition to the city’s recreation draws.  Hornsby, who runs successful skydiving operations in Clewiston, FL, Houston, TX, and Aruba explained how the tandem skydiving operation works.  He said that by expanding his company’s operations to Fernandina Beach, his marketing campaign would draw more tourists to the city.  Hornsby told commissioners that he has more than 20 years of experience in public service, military service in the Marine Corps and as a pilot.  He has made more than 11,000 skydives himself.  His company is one of three in the state of Florida to offer tandem skydiving.

Photo courtesy http://florida.skydivespaceland.com/

Hornsby proposes to load his skydivers onto a plane at the Fernandina Beach Airport and drop them over the beach behind Sliders Restaurant in a landing zone that would be monitored by 3-4 members of a safety crew who would select the landing site based upon consideration for people, beach furniture, turtle nests, etc.  There would be no more than 2 parachutes on the beach at any time.  His airplane pilots would be in constant radio contact with other aircraft in the area.

Rick Hornsby (center) and his Pieces of 8 Skydiving associates.

Hornsby said that he would operate between 8 a.m. to noon and would probably fly 3-4 loads per day with a maximum of 10-15 jumps.  He would maintain a walk-in storefront office from which he would transport skydivers to the airport.  The plane would not be based at Fernandina Beach Municipal Airport, but would take off and fuel there.  He said that jumps would be made from an altitude of 10,000 feet, and that the total time would take 6-8 minutes.  He stressed that he would offer only tandem jumps.

Commissioners raised questions about safety of beachgoers and the landing zone.  Hornsby explained that the maneuverability of today’s parachutes allows last minute adjustments in landing areas.  He also indicated that each potential skydiver would be required to watch a 10-minute video and sign a waiver before being allowed to jump.  In response to a question from Commissioner Johnny Miller, Hornsby replied that he has never had an accident.  Commissioner Pat Gass allowed that while the proposal sounded interesting, she remained skeptical.  “If push comes to shove,” she said, “I will side with the people.”

In response to a question from Mayor Ed Boner on what happens next, City Manager Joe Gerrity said that Hornsby should schedule a presentation to the city’s Airport Advisory Commission at their October 9, 2014 meeting.  Following that meeting the matter will come back to the FBCC for a decision.

For more information on the company, consult www.skydivearuba.com or florida.skydivespaceland.com.

Airport Master Plan

Fernandina Beach Municipal Airport

Commissioners approved unanimously with no discussion Resolutions 2014-126 and 2014-127.  These resolutions approved Passero Associates, LLC’s work order to update the Fernandina Beach Municipal Airport Master Plan and Layout Plan, funded by the Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) and their work order to develop strategic planning elements to supplement the Master Plan update.  Passero Associates, LLC has a long-term consulting relationship with the city on airport matters.

Completed Operations & Completed Products Insurance

The FBCC listened to a 45-minute discussion and heard from members of the public, in addition to the city attorney, on the benefits and drawbacks to the city of requiring Completed Operations and Completed Products Insurance from aeronautical operators at the Fernandina Beach Municipal Airport.  While City Attorney Tammi Bach, in consultation with the city’s insurance consultant and an attorney specializing in aviation law, recommended continuing to require such insurance, the city’s Airport Advisory Commission (AAC) took the opposite stand.  Bach's memo to City Manager Joe Gerrity on the matter included the information that Jacksonville International Airport does not impose such a requirement on their aeronautical operators.

According to the online resource Investopedia, completed operations/product insurance is an insurance product that covers the liability incurred by a contractor for property damage or injuries that may happen to a third party once contracted operations have ceased or been abandoned. Even though the operations are deemed to be "completed" by the contractor, the loss or injury is deemed to be as a result of those operations.

Airport Advisory Commission Chair Richard Gray

AAC Chair Richard Gray told commissioners that such insurance requirement was mandated sometime after 2006, based on an interpretation of FAA Minimum Standards.  Gray and the AAC maintain that the FAA does not require airports to adopt the minimum standards, although they recommend adoption.  He said that it is the responsibility of the sponsor—in this case, the city of Fernandina Beach—to adopt such standards.

Gray said that currently the city is in danger of losing its flying club, which is not eligible to purchase the insurance in question, although it is currently mandated.  The insurance cost can run from $10-12,000 per year.  “The cost is excessive,” he said, “and it drives business away from our airport.”  Gray said that based upon his research, other similar sized airports do not require this insurance, leaving insurance decisions up to the individual operators.  He concluded his presentation with the statement that “the requirement is onerous and does not reflect what our airport is about.”

Commissioner Charlie Corbett reaffirmed that the city will not take on more risk with or without the requirement.  He said, “Let the individual operators decide whether to carry it or not.”

Vice Mayor Sarah Pelican asked why such insurance would be a minimum standard for flying clubs if they were not eligible for such insurance.  Gray replied that it was “an ill-advised portion of the minimum standards.”

Tom Piscatello

Tom Piscatello, an airport user who lives in Yulee, responded to Commissioner Johnny Miller’s question about how many businesses had been driven away by the insurance requirement.  He informed commissioners that a helicopter sightseeing business had left the airport as well as an airplane cleaning service.  He added that he himself had been forced to end a relationship with an airplane company as a sales representative because of the cost of the completed products insurance.

Local flyer Andy Curtin said that he felt that by requiring the insurance, the city places itself more in the liability chain than by not requiring it.

Sean McGill, operator of the only fixed base operation currently at the city airport, was asked to comment.  He said that his firm pays $50,000 in insurance which covers people he contracts with.  He added that he believes that the overall requirement for individuals and specialized operators is excessive.  He urged the FBCC to drop the requirement.

City Manager Joe Gerrity, also acting airport manager, did not weigh in on the issue.  But hearing a consensus to drop the requirement, agreed to bring back a Resolution for FBCC action to drop the requirement consistent with the AAC recommendation.

Editor's Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne's many contributions to the Fernandina Observer.