No preview available
HomeMy WebLinkAboutR83-017 Rocky Mountain Airways special use permitRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83 -_Z77 A RESOLUTION AMENDING AND READOPTING SPECIAL USE PERMIT NO. ZS- 42 -77, AS AMENDED BY RESOLUTION DATED AUGUST 7, 1979, ENTITLED "CONTINGENCY PLAN," RESOLUTION NO. 80 -41, RESOLUTION NO. 80 -63, RESOLUTION NO. 80 -64, RESOLUTION NO. 82 -1, RESOLUTION NO. 82 -15, RESOLUTION NO. 82 -34, AND RESOLUTION NO. 82 -106, RESPECTIVELY - ROCKY MOUNTAIN AIRWAYS, INC. (AVON STOLPORT) - EMERGENCY MEDICAL EVACUATIONS. WHEREAS, the Board of County Commissioners, County of Eagle, State of Colorado ( "Board "), did on January 3, 1978, approve the application of Rocky Mountain Airways, Inc. ( "RMA ") for a Special Use Permit in File No. ZS -42 -77 ( "Special Use Permit ") to operate an airport commonly referred to as the "Avon STOLport "; and WHEREAS, the approval of the Board relative to the Special Use Permit was based upon the imposition of certain conditions prior to the commencement of the Special Use Permit and of which were to remain in full force and effect so long as operations were conducted under the Special Use Permit or until such time as circumstances warranted an amendment or change thereto; said conditions being set forth under the heading "Conclusion" of the Findings and Order of the Board dated January 3, 1978, which document constitutes the Special Use Permit and is hereby incorporated herein by this reference as fully as if the same was set forth at length herein; and WHEREAS, the Board pursuant to Resolution dated August 7, 1979, and by subsequent Resolution No. 80 -63 dated December 1, 1980, amended the Special Use Permit by imposing � 4 an additional condition thereon, condition No. 20, to provide for a contingency plan for situations involving emergency medical evacuation and emergency use of the Avon STOLport airstrip by persons and /or entities other than RMA; and WHEREAS, the Board and RMA, respectively, desire to amend or modify the aforesaid conditions of the Special Use Permit as further set forth hereinbelow; and WHEREAS, public notice of the Board's hearing on November 23, 1982, relative to the aforesaid amendment to the Special Use Permit was duly published in the Eagle Valley Enterprise on October 21, October 28, November 4, and November 11, respectively, 1982; and WHEREAS, the Board continued the hearing of November 23, 1982, to December 29, 1982; from December 29, 1982 to January 26, 1983; and from January 26, 1983 to February 23, 1983, for the taking of additional evidence; and WHEREAS, the Board having considered all of the testimony, regulations, guidelines, exhibits and other evidence presented at said public hearing and at the public hearings relative to the approval by the Board of the Special Use Permit; DOTH FIND AS FOLLOWS: 1. Although Condition No. 20 of the Special Use Permit prescribed the general procedures and policies to be utilized for emergency medical evacuations at the Avon STOLport during times and by other type aircraft or persons that are not generally permitted by the terms of the Special Use Permit, the Board finds, determines and declares that due to the emergency nature of such use of the Avon STOLport, the direct involvement of persons or entities other than the Board or RMA, and the potential liability of RMA and the Board, further detailed policies and procedures are required in order to ensure the preservation or protection of lives or public property. 2 NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, Colorado: THAT, the Special Use Permit granted to Rocky Mountain Airways, Inc., in File No. ZS- 42 -77, for the purpose of operating an airport, Avon STOLport, as amended by Resolution dated August 7, 1979, entitled "Contingency Plan," Resolution No. 80 -41, Resolution No. 80 -63, Resolution No. 80 -64, Resolution No. 82 -1, Resolution No. 82 -15, Resolution No. 82 -34, and Resolution No. 82 -106, respectively, is hereby amended by the modification of Condition No. 20 of the Special Use Permit by adding thereto and inserting therein the "Eagle County Plan for Use of Avon STOLport for Medical Emergency Evacuation," and the provisions of the form Use Agreements attached hereto as Exhibit "1" and incorporated herein by this reference. THAT, the provisions of Exhibit 1 shall govern the use of the Avon STOLport for emergency medical evacuations during times and by other type aircraft or persons that are not generally permitted by the terms of the Special Use Permit, and in the event of a direct conflict or inconsistency with the provisions of Exhibit 1 and the provisions of the original Special Use Permit as amended by Resolution dated August 7, 1979, entitled "Contingency Plan," the provisions of Exhibit 1 shall in all respects govern. THAT, the entirety of Special Use Permit No. ZS -42 -77 as amended by Resolution dated August 7, 1979, entitled "Contingency Plan," Resolution No. 80 -41, Resolution No. 80 -63, Resolution No. 80 -64, Resolution No. 82 -1, Resolution No. 82 -15, Resolution No. 82 -34, and Resolution No. 82 -106, respectively, and as herein amended, is hereby readopted. THAT, this amendment and readoption of Special Use Permit No. ZS -42 -77 shall not constitute or be construed as a 3 waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence or word of this Resolution be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the parts so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular meeting held the _3 day of 1983. ATTEST: By: �ZCG� erk of the gard' o ounty Commissioners 4 COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNT COMMISSIONERS By: David E. Mot-t, Chairman Dan Williams, commissioner Keith Troxel, Co issioner EXHIBIT 1 EAGLE COUNTY PLAN FOR USE OF AVON STOLPORT FOR MEDICAL EMERGENCY EVACUATION When a physician licensed to practice medicine in the State of Colorado determines that his patient has a medical emergency requiring immediate evacuation through the STOLport to a medical center, the following procedure shall be utilized: The physician will notify the Emergency Room physician at Vail Valley Medical Center. The Eagle County Public Health Officer shall indoctrinate the Emergency Room physician on procedure to use in accordance with the plan. The Emergency Room physician shall confirm that the situation requires medical evacuation and that the use of the Avon STOLport is dictated for the preservation of life as opposed to the use of the Eagle County Airport under these conditions. The Emergency Room Physician or the County Public Health Officer will notify the Rocky Mountain Airways personnel at Avon, using the list of persons to be contacted supplied by Rocky Mountain Airways, of the need for STOLport use. The Emergency Room physician will also contact an approved air -taxi operator, using a list of approved operators to be supplied by the County, to arrange for them to coordinate with Rocky Mountain personnel at Avon and the requesting physician. The ambulance service designated by the requesting physician will coordinate with both Rocky Mountain Airways and the evacuating air taxi service to get the patient to the STOLport at the appropriate time. The Emergency Room physician shall provide one copy of the completed authorization form (see Exhibit A attached) to the ambulance crew transporting the patient, who shall deliver it to Rocky Mountain Airways personnel at the STOLport. One copy shall be mailed to the County offices, P.O. Box 850, Eagle, Colorado, 81631, Attn: County Administrator, and a third copy shall be retained by the Emergency Room Physician or the County Health Officer. Training and orientation flights for the Evacuating Air Service will be done after meeting all other County requirements, all FAA and Rocky Mountain Airways requirements but prior to actual emergency medical transfer. These orientation flights will be coordinated by the Evacuating Air Service with both Rocky Mountain Airways and Eagle County Public Health Officer. The physicians presently designated by the Board of County Commissioners as County officials for the purpose of authorizing emergency use of the STOLport are: Thomas I. Steinberg, M.D. Eagle County Public Health Officer 476 -5695 181 W. Meadow Drive Vail, Colorado 81657 Larry Brooks, M.D. Douglas Canham, M.D. Charles Hart, M.D. Jon Feeney, M.D. Kent Petrie, M.D. William Bevan, M.D. Address on the above six physicians: 181 W. Meadow Drive Vail, Colorado 81657 476 -2451 It shall be the duty of the Eagle County Public Health Officer to keep the authorization list current with Rocky Mountain Airways. The Emergency Room Physician authorizing STOLport use shall notify the County Administration by noon of the next regular business day of any use. EXHIBIT A REQUEST FOR USE OF AVON STOLPORT FOR EMERGENCY MEDICAL EVACUATION AM DATE: / / TIME: PM AIR TAXI OPERATOR TO BE USING STOLPORT: TYPE OF AIRCRAFT: PATIENT'S NAME(S): PHYSICIAN REQUESTING EVACUATION: EMERGENCY ROOM PHYSICIAN: DELEGATED COUNTY OFFICIAL AUTHORIZING REQUEST: The undersigned physician and authorized County official certifies that this is a critical medical situation that requires the use of the Avon STOLport instead of the Eagle County Airport in order to help preserve the life of the patient and is done under immediate emergency medical conditions. Eagle County Official this EXHIBIT 1 USE AGREEMENT THIS USE AGREEMENT made and entered into day of , 198 , between Eagle County, by its Board of County Commissioners hereinafter called the County, and , hereinafter called Aviation. WHEREAS, the County is authorized by the terms of an agreement between Rocky Mountain Airways, Inc., and the County to designate when the Avon STOLport may be used for emergency medical evacuation; and WHEREAS, Aviation is desirous of providing medical emergency air evacuation service using the Avon STOLport; and WHEREAS, there are limitations put upon the use of the Avon STOLport by the terms of Special Use Permit Zs -42 -77 and the use agreement between the County and Rocky Mountain Airways, Inc. NOW, THEREFORE, Eagle County and Aviation, in consideration of the mutual covenants and conditions contained therein, in order to provide for emergency medical evacuation from the STOLport and in order to maintain and preserve lives or public property, agree as follows: Aviation will be allowed to use the Avon STOLport for emergency medical evacuation subject to the following requirements: 1. Prior to any use of the Avon STOLport, Aviation will submit to Rocky Mountain Airways, Inc., a proposed operations plan, and the Vice President of Operations shall have issued its approval for the use by Aviation of the Avon STOLport. Said approval shall not be unreasonably or arbitrarily denied. Such approval shall designate the type, model, and registration number of aircraft approved for use. No operation shall be conducted or plan submitted by any operator using any aircraft that are not capable of the following minimum performance character- istics, as demonstrated by the applicable FAA - approved aircraft flight manual and performance charts, for the most severe meteorological conditions expected: A. Ability to land utilizing a runway of 4,000 feet long. B. Ability to accelerate to takeoff speed, then abort the takeoff, and stop within remaining available runway, including stopways. C. Ability to takeoff at maximum gross weight for the proposed evacuation within the allowable runway length of 4,000 feet. D. Demonstrate a calculated climb performance, with one engine inoperative at lift -off, with a flight path sufficient to clear all obstacles within the takeoff flight path, and to gain adequate altitude to successfully fly to a takeoff alternate airport. Aviation shall make available to Rocky Mountain Airways all calculated performance data and performance charts used to compute the required minimum performance standards for all medical evacuation flights. No operation by aviation shall be permitted using single- engine aircraft, and all medical evacuation operations shall be conducted utilizing a two -pilot crew. 2 All emergency medical evacuation flights shall be restricted as follows: A. Day -time, VFR conditions, only. B. All take -offs and landings will be accomplished utilizing runway 28. The operator shall demonstrate proficiency of each pilot in command in the use of the Avon STOLport once every six months, to the satisfaction of the Federal Aviation Administration and Rocky Mountain Airways Vice President of Flight Operations, or its designee. 2. Aviation shall save harmless and indemnify the Board of County Commissioners of the County of Eagle and Rocky Mountain Airways, Inc. from any and all claims, losses, damages and injuries (including costs of defense and attorney's fees) arising out of or in the use of the Avon STOLport by Aviation for emergency medical evacuation. Aviation will maintain insurance with a company suitable to the County, naming the Board of County Commissioners of the County of Eagle and Rocky Mountain Airways, Inc. as the insured, and insuring aircraft liability in the amount of twenty -five million dollars ($25,000,000.00) per occurrence for bodily injury and property damage including passengers. Proof of aforesaid insurance shall be furnished to the County and Rocky Mountain Airways, Inc. prior to any operations at Avon STOLport by Aviation. 3. After satisfying all other requirements but prior to any actual medical transfer, Aviation will conduct an orientation flight or flights using the personnel 3 and aircraft that would be used in an actual emergency medical transfer. All orientation flights will be conducted at times convenient for and approved by Rocky Mountain Airways, Inc. These orientation flights will be coordinated by Aviation with both the Rocky Mountain Airways Avon Station Manager and the Eagle County Public Health Officer. The operator shall demonstrate competence in the use of the Avon STOLport to the satisfaction of the Federal Aviation Administration. 4. The Avon STOLport has been designated for emergency use of Aviation by a designated representative of the County. The County will advise Aviation of the identity of these designated representatives of the County who may authorize use of the Avon STOLport for emergency medical evacuations. 5. In the event the frequency of use and time of use of emergency medical evacuations by Aviation shall be of the nature that they require additional expense to be incurred by Rocky Mountain Airways, operator of the Avon STOLport, Aviation shall reimburse Rocky Mountain Airways for its direct expenses in making available the Avon STOLport. Reimbursible expenses under this paragraph shall not include the cost of electricity or any pro rata proportionate cost of the use of the facilities for said purposes. 6. Aviation will conduct all its operations into the Avon STOLport under Federal Aviation Regulations part 135, Air Taxi regulation, and all pilots will be qualified under those regulations and possess an Airline Transport Pilot Certificate with a six months proficiency check. 4 7. Aviation agrees to indemnify and release Eagle County and Rocky Mountain Airways, Inc. from all cause of action, claims, liabilities, loss or damage arising out of the use of the Avon STOLport and its runway lights, taxiways, and other facilities on those occasions when Aviation's use of the STOLport is authorized by the County. 8. The term of this agreement shall be for one year. 9. Either party may cancel this agreement without cause upon thirty day notice to the other party. This Agreement shall terminate without notice at any time for violation of this agreement by Aviation. All notices of cancellation of this agreement shall be by certified mail. Notices to the County shall be sent to: Board of County Commissioners Eagle County P.O. Box 850 Eagle, Colorado 81631 Attn: County Administrator Notice to Aviation shall be sent to: 10. The purpose of this agreement is to allow Aviation to use the STOLport, and it is not to be construed as an endorsement or a certification by the County or Rocky Mountain Airways, Inc. of Aviation, of the fitness of Aviation, Aviation's aircraft, personnel, or operations. Further, this agreement shall automatically terminate upon the termination of the agreement between Eagle County and Rocky Mountain Airways, Inc. for use of the Avon STOLport. 5 r IN WITNESS WHEREOF, the parties have affixed their names and signatures as of the date and year first written above. ATTEST: Clerk to the Board of County Commissioners ATTEST: Secretary 2 COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUN COMMISSIONERS BY: �l `' Da - E. Mott, Chairman BY: President EXHIBIT 1 USE AGREEMENT THIS USE AGREEMENT made and entered into this day of , 1983, between Rocky Mountain Airways, Inc. ( "Rocky Mountain "), and the Board of County Commissioners of Eagle County ( "County "); WITNESSETH: WHEREAS, Rocky Mountain has constructed a STOLport in the vicinity of Avon, Colorado for its air transportation business; and The County issued to Rocky Mountain Airways a Special Use Permit Zs -42 -77 permitting the use of the STOLport by Rocky Mountain Airways with its terms and conditions thereof; and WHEREAS, the County and Rocky Mountain have recognized that there may arise certain occasions when it is necessary to make emergency medical evacuations during times and by other type aircraft or persons that are not permitted by the terms of the Special Use Permit, and the County and Rocky Mountain having recognized that there may arise situations in which other types of aircraft are necessary to utilize the STOLport to be able to transport persons to or from the STOLport when medical circumstances dictate that immediate air evacuation is necessary for the preservation or protection of lives or public property; and WHEREAS, the County and Rocky Mountain are desirous of establishing procedures to more effectively carry out the intent and purposes of the terms of this Special Use Permit, as amended; NOW, THEREFORE, Eagle County and Rocky Mountain Airways, Inc., in consideration of the mutual covenants and conditions contained therein, in order to provide for emergency medical evacuation from the STOLport in order to maintain and preserve lives or public property, agree as follows: 1. In the event the Avon STOLport shall be designated by an appropriate County official for emergency medical evacuation pursuant to the terms of Special Use Permit Zs- 42 -77, or otherwise, the designation shall be made by the County Health Officer, County Manager, or any other designated representative to whom the authority may be delegated. The County will advise Rocky Mountain of any other person that may be delegated the authority to act in this capacity. 2. On those occasions when a party other than Rocky Mountain is to perform emergency medical evacuation or County authorized emergency medical evacuation orientation flights at the Avon STOLport, any such use shall not be deemed to be a violation of the terms of Special Use Permit Zs- 42 -77, and, upon those occasions, Rocky Mountain shall be relieved of any liability to the County for operations by any other party. 3. The County will provide Rocky Mountain with a list of proposed operators that the County may reasonably foresee to utilize on the occasions when emergency medical evacuation from the Avon STOLport will be required. The County agrees that it will only call upon those operators who have submitted proposed operations plans, including the type and registration number of the aircraft approved for use, to Rocky Mountain Airways, and the Rocky Mountain Airways Vice President of Operations or his designee shall have issued its approval for the use by said party or person. Said operations plans shall not be unreasonably or arbitrarily denied. The County shall require those parties whom it intends to call upon to name Rocky Mountain Airways as an additional named insured against any and all liability that may arise through the operation and use by any other party when utilizing the Avon STOLport for emergency medical 2 evacuation. Said operator shall be required to maintain in force and effect the same aircraft owners' and operators' liability insurance as is required for Rocky Mountain Airways, Inc. in Special Use Permit Zs- 42 -77. No operation shall be conducted or plan submitted by any operator using any aircraft that are not capable of the following minimum performance characteristics, as demonstrated by the applicable FAA - approved aircraft flight manual and performance charts, for the most severe meteorological conditions expected: A. Ability to land utilizing a runway of 4,000 feet long. B. Ability to accelerate to takeoff speed, then abort the takeoff, and stop within remaining available runway, including stopways. C. Ability to takeoff at maximum gross weight for the proposed evacuation within the allowable runway length of 4,000 feet. D. Demonstrate a calculated climb performance, with one engine inoperative at lift -off, with a flight path sufficient to clear all obstacles within the takeoff flight path, and to gain adequate altitude to successfully fly to a takeoff alternate airport. Aviation shall make available to Rocky Mountain Airways all calculated performance data and performance charts used to compute the required minimum performance standards for all medical evacuation flights. No operation by aviation shall be permitted using single- engine aircraft, and all medical evacuation operations shall be conducted utilizing a two -pilot crew. 3 All emergency medical evacuation flights shall be restricted as follows: A. Day -time, VFR conditions, only. B. All takeoffs and landings will be accomplished utilizing runway 28. The operator shall demonstrate proficiency of each pilot in command in the use of the Avon STOLport once every six months, to the satisfaction of the Federal Aviation Administration and Rocky Mountain Airways Vice President of Flight Operations, or its designee. All emergency medical evacuation operations, with the exception of those operated by Rocky Mountain Airways if it chooses to do so, shall be restricted to daytime VFR conditions. 4. In the event the frequency of use and time of such emergency medical evacuation shall be of the nature that it requires additional expense incurred by Rocky Mountain, the County shall require other operators to reimburse Rocky Mountain for its direct expenses in making available the Avon STOLport. Reimbursable expenses under this paragraph shall not include the cost of electricity or any pro rata proportionate cost of the use of the facility for said purposes. 5. Rocky Mountain agrees that it shall allow use of the Avon STOLport and provide the personnel for the assistance of other parties when utilizing the Avon STOlport for emergency medical evacuation or authorized emergency medical evacuation orientation. Included by example will be the use of the runway, taxi way, runway and taxi lights, obstruction lights, use of a two -way radio communication, and will provide either meteorological information assistance to the extent feasible. Prior to any actual emergency evacuation, the operator in addition to all other requirements shall have 4 t demonstrated competence in the use of the Avon STOLport to the satisfaction of the Federal Aviation Administration. 6. The County shall furnish to Rocky Mountain, on those occasions when the Avon STOLport be designated for emergency medical evacuation or emergency medical evacuation orientation flight, a written request for the use thereof, which said written request shall include the date, the approximate time and extent of use, name of the operator to be utilizing the airport, type of aircraft, and the name of the county official making such request and designation. The County agrees it will not make such requests unless it has determined that the flight is a necessary emergency evacuation orientation and training flight of a County authorized user of the STOLport or medical circumstances dictate that immediate air evacuation from the Avon STOLport is necessary for the preservation of lives and there is no other reasonable alternative; and further, that Rocky Mountain shall be entitled to rely on such written request as assurance that the County has made such determinations that the person to provide the emergency medical evacuation has complied with the terms hereof. 7. The County agrees to indemnify and release Rocky Mountain from all causes of action, claims, liabilities, loss or damage arising out of the use of the Avon STOLport and its runway lights, taxi ways, and any other facility on those occasions when the County may request such use by any other person pursuant to this agreement and the terms of the Special Use Permit. 8. This agreement shall remain in force and effect so long as the parties hereto have complied with the terms and conditions hereof and the terms and conditions of the Special Use Permit and so long as the Special Use Permit area is `I subject to the terms and conditions of its permitted uses and said area is subject to the jurisdiction of the County. IN WITNESS WHEREOF, the parties have affixed their names and signatures as of the date and year first written above. Attest: ATTEST: Johnette Phillips Clerk of the Board of County Commissioners 0 ROCKY MOUNTAIN AIRWAYS, INC. By: Gordon F. Autry, President COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS David E. Mott, Chairman Dan Williams, Commissioner Keith Troxel, Commissioner