The Hermosa Ranch Insanity

Greed and stupidity collide.

In early October, the Wickenburg Town Council approved a 34-unit subdivision on 35 acres of land on “Vulture Mine Road near the Country Club.” That’s how the land’s location was described in the newspaper and likely in the P & Z and Town Council Meetings. It was not given its other descriptor: approximately 3400 feet from the departure end of Wickenburg Municipal Airport’s runway 5 (see photo).

Hermosa RanchI heard about this newly approved subdivision and did some research. I learned that it had been proposed in mid August and had miraculously gone through the approval process in about six weeks. A miracle of Town efficiency — the same town that took four months to choose between two bids for an Airport Fuel Manager last year. The same town that routinely keeps old business “old business” at many commission meetings, including the Airport Advisory Commission’s monthly meetings.

Perhaps that’s why it didn’t take so long to approve. It was never presented to the Airport Commission, despite the fact that it lies well within the airport’s area of influence.

As most regular readers know, one of my jobs is as a pilot. I operate an FAA-certificated Part 135 charter operation at Wickenburg Airport. That means a few things. It means that I’m a commercial pilot who has undergone extensive flight training and testing to meet certain standards. It means that I have gone the extra step to get special certification from the FAA to perform operations above and beyond those allowed by basic, “Part 91” commercial operators. It means I meet with the FAA regularly for flight checks and am subjected to unannounced inspections of my aircraft, hangar facility, and documents. I also operated the Airport Fuel Manager concession at the airport for a year and a half not long ago — a fact that a few people seem anxious to forget.

In other words, I know a little bit about aviation, airport operations, and FAA regulations.

And I know that putting homes within 100 feet of an airport’s runway centerline is not only stupid, but potentially dangerous for home and property owners.

Sure, someone will buy these homes. There are deaf people who won’t be bothered by the sound of flight school airplanes from Deer Valley and Goodyear doing touch-and-gos past or over their homes throughout the day every day. I’m not sure how they’ll like the rattling of their china when a jet departs. And there are lots of people who make home purchase decisions on the very day they see a piece of property — perhaps a windy or overcast day or a summer day when the airport isn’t very busy and the Realtor says something like, “There’s an airport to the west, but you can see how busy it is.” (A local Realtor once told me that he spent all day at his west-side subdivision and only saw two planes operating. His subdivision’s homes are right under the airport’s traffic pattern where at least 75% of the pilots fly. I can only imagine what he tells potential buyers.) There might even be a few people who think they like planes and might find living under the approach and departure path to an airport kind of interesting. I assure you, the novelty will wear off quickly. It sure wore off quickly when a train lover like me moved into a home next to a railroad track. It wasn’t easy to find another sucker to buy the house, either.

But what happens when Wickenburg gets commuter airline service? This isn’t as far-fetched as it might seem. Such service is already available in Prescott, Kingman, Lake Havasu, and Bullhead City. As Wickenburg’s precious roof count soars, it’s only a matter of time before such service is demanded by its citizens. Wickenburg won’t have 737s landing on its newly extended 6,000 foot runway, but it’s likely to have large turboprop planes or small commuter jets. The runway already accommodates 10 to 20 jet operations per week in the peak season — why do you think the town wanted the runway extended in the first place? What if there were an additional 14 operations per week with daily flights by Mesa Air or some other regional carrier? Do you know how much noise these kinds of planes make during takeoff?

And don’t hand me that tired old line about Forepaugh. Forepaugh is a dirt strip 15 miles west that isn’t even marked by name on a chart. Wickenburg has no jurisdiction over it and it straddles State and BLM land. Even if the Town of Wickenburg did manage to cough up the money to buy or lease the land (don’t forget airport insurance), it would take years and millions of dollars to get it up to the standards needed to allow commercial jet operations. And don’t forget — the Town would probably have to use eminent domain to get possession of the ranch that already exists on the south end of that runway, right on Route 60. How long do you think that will take? Forepaugh as a regional airport is at least 20 years away. Wickenburg will have likely annexed all the land up to Aguila by then.

But noise is only one problem with locating homes at the end of a runway. The other, more important problem is safety.

Think for a moment about how a plane takes off. Even if you’re not a pilot, you should be able to visualize a takeoff. The plane starts at one end of the runway, where the pilot opens the throttle wide for power. The engine roars as the props (or jet engine) produce thrust. The plane rolls down the runway, gathering speed. When the plane reaches a certain velocity, the pilot pulls back on the yoke (or stick) and the plane’s nose tilts up. The plane lifts off the ground. It then begins its climb into the air.

The steepness of an airplane’s climb (and the amount of runway it needs to reach takeoff speed) depends on a few things:

  • How powerful is the airplane’s engine? A powerful plane can climb out at a steeper angle than one with a less powerful engine.
  • How heavy is the airplane? A lighter plane — one with just a pilot and a light load of fuel — can climb out at a steeper angle than one full of people and fuel.
  • How hot is it outside? Hot temperatures reduce aircraft performance, making it more difficult to climb out on takeoff.

All kinds of planes come to Wickenburg Airport and every takeoff is different. An ultralight with one person on board can climb out at an amazing angle, using only a little bit of runway. But a fully loaded single engine air tanker (SEAT), like those that operate at Wickenburg airport during the hot summer fire season, uses every inch of runway and climbs out at a very shallow angle. Other planes have takeoff profiles somewhere in between.

The FAA recommends a 20:1 ratio for a runway’s approach/departure corridor. That means that for every 20 feet away from the runway end, a plane is expected to climb at least 1 foot. With 3400 feet from the end of Runway 5 to the property line of Hermosa Ranch, that means planes could be flying over Hermosa Ranch as low as 170 feet off the ground. Would you like an airplane flying that low over your house on takeoff?

It’s this shallow angle that should concern the developers of Hermosa Ranch. Imagine a freshly refueled SEAT, heavy with a load of fire retardant. The pilot rolls down the runway, gathers speed, and lifts off less than 3500 feet from a Hermosa Ranch house to fight a fire at Lake Pleasant. He’s only 200 feet off the ground as he nears Hermosa Ranch. Suddenly and without warning, his engine quits. Where do you think that plane is going to hit the ground? And with a load of Jet fuel on board, how much damage do you think the post-crash fire will cause? Are you still imagining? Then imagine that plane crashing near a birthday party around the pool in someone’s backyard.

Right now, there’s a big empty patch of land that stretches from the departure end of Runway 5 to Vulture Mine Road (see photo). If Hermosa Ranch didn’t exist, that plane would crash and burn in that empty land. The world would lose a pilot and a plane, not one or more homes or possibly dozens of people.

Think engine failures on takeoff don’t happen? Go to the NTSB Accident database and search for “engine failure takeoff” and get the truth. Just because you didn’t hear about it on the evening news doesn’t mean it didn’t happen. The NTSB’s Web site lists scores of accidents all over the country that occurred on takeoff or landing. Engine failure is just one scenario.

So it appears to me that either the Hermosa Ranch developers don’t care about the safety of their subdivision’s home buyers (not likely) or they didn’t fully think out the safety implications of building so close to the end of a runway.

What’s troubling to me, however, is that the Town of Wickenburg failed to fully investigate the potential conflicts of such a development with airport operations. Although the proposal was presented to the P & Z Commission, the warnings presented there by then-Council Candidate George Wilkinson went completely unheeded. There was no effort on the part of the P & Z staff or Town Planner, Miles Johnson, to investigate the FAA guidelines regarding building near airports. These guidelines are available on the FAA’s Web site 24/7. If Dr. Johnson or his assistant didn’t have the time to look them up, a few phone calls would have gotten them an answer. The phone numbers are on the Web, too.

I got the documents and made the phones calls to the FAA to confirm my belief that the FAA would not be happy with the Hermosa Ranch subdivision proposal. It took me about 20 minutes. The FAA compliance person I spoke to was amazed that such a subdivision would even be considered at that location. If Dr. Johnson — who is also Airport Manager — had done his job, he would have been better informed about the potential problems with this proposed subdivision.

It has been claimed that the “airport consultants” approved the development. Who are they and what kind of authority do they have? And is their approval in writing? I seriously doubt it, since making such an approval could get them into hot water if liability issues arose. (I can only imagine the lawsuits generated by a plane crash/birthday party accident like the one we imagined earlier.)

Why wasn’t the Airport Advisory Commission consulted about the Hermosa Ranch proposal? The commission, which has 5 (of 7) members who are active pilots in Wickenburg, would certainly have pointed out the conflicts between the airport and proposed development. Yet Dave Lane, who sits on the Town Council and Airport Commission (as its Chairman for the past four or more years) failed to bring it up to the Commission for discussion. The Airport Commission members I spoke to didn’t even know about the development until after it had been passed by the Town Council. Councilman Lane’s failure to bring up this project for discussion and his rubber-stamping of the approval were irresponsible and a complete neglect of his duties as Councilman and Chairman of the Airport Advisory Commission.

So what are we left with? A 34-home subdivision in the path of arriving and departing airplane traffic at Wickenburg Municipal Airport, with homes less than 100 feet from the extended runway centerline — that’s the path planes attempt to follow when taking off or landing. A subdivision approved in what’s probably record time by P & Z and the Town Council after ignoring safety and noise issues presented by at least two Wickenburg residents. A proposal never presented to the Airport Advisory Commission for discussion, never researched with the FAA for compliance with “airport-compatible zoning” requirements. A development that appears to have the only goal of adding to Wickenburg’s roof count, placing high-priced homes in an undesirable and potentially unsafe location.

Why did I start a petition to stop this insanity? Do you really have to ask?

When the elected officials fail to make decisions that are in the best interest of all citizens (rather than a handful of supporters), it’s the duty of the public to step forward and, using the democratic process guaranteed by the First Amendment in the U.S. Constitution’s Bill of Rights, provide input and guidance. My petition was a wake-up call, the only way I knew of to get the attention of the Town’s elected officials and staff and the public. It was a way to get the FAA involved to offer guidelines to the Town for making airport-vicinity zoning decisions. It was a way to propose a safety zone around the airport, one that can prevent the horror of a plane crash on take-off from taking more lives than just the ones on the ill-fated plane.

I’m not the only person who thinks that Hermosa Ranch and any building at the end of the runway is a bad idea. Of the 79 people I approached for signatures, 76 of them signed. Two of the signers are Airport Advisory Commission members. If they’d been consulted before this got to the Town Council — as they should have — the proposal is likely to have been denied on the very grounds I cited in my petition and in this article.

Safety should come first. Lifestyle should come next. Profit should come near the end of the list. Shouldn’t it?

Now, I understand that members of Wickenburg’s Good Old Boy Network are whining that this petition will cost the Town of Wickenburg $10,000 to run an election and put it to vote. I want to remind those people — and the rest of Wickenburg’s citizens — that if the Town Council and P & Zoning Commission had done their jobs and made a responsible decision, this petition and the costly election would not be necessary at all.

What do you think about this? Don’t tell me — I’ve already done my part. Call the Mayor, Council Members, and the Town Planner. Town Hall can be reached at 928/684-5451. Call the members of the P & Z Commission — you can get their names from the Town Clerk. Ask them why they approved such a plan. Ask them if they care about Wickenburg and the safety and well-being of all of its residents.

And let them know that you care — at least as much as I do.

What Ever Happened to Honesty and Integrity?

Am I asking for too much?

Am I asking too much when I expect elected officials to be honest and forthcoming with their constituents?

Am I asking too much when I expect elected officials to put the needs and desires of the voting public before their own?

Am I asking too much when I expect elected officials to actually care about the people they serve?

I am disgusted by the political bullshit going on in this country and in my adopted home town. It makes me sick when I see who’s paying off who and the benefits contributors get. Whether it’s lobbying expense accounts in Washington DC or campaign contributions to town council candidates in Wickenburg, the people accepting these bribes — because that’s pretty much what most of them are — should be ashamed of themselves.

The next time you go to the polls, be prepared. Know what the candidates stand for. Learn who financed them. Understand why they are running. Know how they will vote on issues. Make sure you vote for the person, not the sign on the side of the road.

Don’t be lazy. The wrong vote can have catastrophic consequences for your future.

If you’re sick and tired of elected officials making decisions that benefit themselves, their families, and their rich friends, do something about it. Vote to make a change. It’s your right and your responsibility.

Election Day is November 7. Don’t let the rest of us down.

More Restrictions on Using Our Land

More bull from our lawmakers.

This country — especially this part of this country (the American Southwest) has an abundance of public land. It comes in the form of state parks and forests, state trust land, national forests, BLM (Bureau of Land Management) land, and National Parks. It’s basically safe to say that if the land isn’t owned by a specific person or indian tribe, it falls into one of these categories of public land.

Public land belongs to the public. That’s you and me. Or at least every American citizen. But don’t think that you can use public land the same way you use your backyard. There are rules. And some of the rules are not only very restrictive but they’re downright stupid.

The main thing the government seems to be worried about is that someone will make money on public land without the government getting a piece of the pie. With state and national parks, that’s pretty understandable. These are normally above-average pieces of land that are heavily managed and have a great deal of costs associated with them. If a person or company is going to make money using these lands, they probably should pay a portion of the costs.

They way they collect these costs is through a permit system. You apply for a permit, sending all the required paperwork to the proper office with a non-refundable application fee. Then you wait. And wait. And wait. Eventually, after enough follow-up calls, you get a request for more info. You provide and and wait some more. Then, maybe if you’re lucky and the stars are aligned just right, you get a call telling you you’re going to be approved and how much each operation will cost you. You wait some more until the final paperwork — the permit you wanted — is sent to you. Now you’re good to go.

Swansea Town SiteI went through this for a permit to take passengers in my helicopter to the Swansea Town Site. It’s a ghost town in western Arizona, that’s pretty close to the middle of nowhere. A 4-hour drive from Wickenburg, you can get there in 40 minutes by helicopter. While I can land there all I want by myself or with people who aren’t paying me, as soon as I collect a penny from a passenger, it becomes a commercial flight and I need a permit. I coughed up the $90 application fee and waited 18 months to get the permit. I have to pay 3% (I think) of the gross revenues for these trips with a minimum of $90 per year. Of course, I got the permit right before my season ended, when it started getting too hot for desert day trips. So although I’ve had the permit for more than 6 months now, I haven’t taken a single passenger.

What bothered me most about the whole process is that they said they needed to do an environmental impact study before they could give me the permit. If I paid for the study, the process would go faster. This pissed me off because the site is a common destination for people on quads with gnarly tires that eat up the terrain. My helicopter touches the ground in only two places on each visit: two eight-foot by 3-inch strips under my skids. Environmental impact? What environmental impact? I didn’t pay for the study and waited 18 months.

Now I have a new gripe. It concerns taking photos on National Forest land.

I’m in the process of putting together a promotional DVD for Flying M Air to advertise its Southwest Circle Helicopter Adventure. I’m going out with a professional photographer next week to trace the steps of our passengers on all of their tours. We’ll take photos along the way to use in promotional material or for the photographer to sell as stock photography.

The problem began in Sedona. The Jeep tour company (which will main nameless) told me we couldn’t take pictures for commercial use while on National Forest land. The man I spoke to was rather insistent and told me that if we did, his company could lose its permit. He was willing to give (or possibly sell?) me some stock footage. But I wasn’t interested in that. I wanted to show potential passengers exactly what they would see then they took the tour.

So I called up the National Forest ranger district office. Of course, they were unable to connect me to anyone who knew what I needed to know. They were all out in the field doing what it is that rangers do when they’re not in the office. The last person I spoke to was married to the person I needed to speak to. He assured me that she’d call me back and let me know if I needed a permit.

In the meantime, I got on the Web and did some research. I wound up downloading a 22-page PDF from the Federal Register that covered the government’s policy on photography in National Forests. And what I learned that you can take still photos in national forest land without a permit as long as the job does not:

  • Use models, sets or props that are not part of the site’s natural or cultural resources or administrative facilities;
  • Take place where members of the public are generally not allowed; or
  • Take place at a location where additional administrative costs are likely.

Well our photography shoot met these requirements, so we are indeed allowed to take photos on national forest land. We just can’t take any photos of the Jeep or driver or either one of us (props and models) once we cross over into national forest land. So we’ll stop the Jeep just before we get into the land and take the photo there.

Take a picture of the Jeep here, you’re breaking the rules. Take the picture 12 feet to the west and you’re fine.

Does that sound as stupid to you as it does to me?

I canceled my Jeep tour with that company and booked with another company. I like to work with people who know what they’re talking about. And I don’t like people who insist on rules without really knowing what the rules are.

Now oddly enough, the rules governing video or film photography (moving images) are different. From the document:

A permit is required for all commercial filming activities on public lands. Commercial filming is defined as the use of motion picture, videotaping, sound recording, or other moving image or audio recording equipment on public lands that involves the advertisement of a product or service, the creation of a product for sale, or the use of actors, models, sets, or props, but not including activities associated with broadcasts for news programs. For purposes of this definition, creation of a product for sale includes a film, videotape, television broadcast, or documentary of participants in commercial sporting or recreation event created for the purpose of generating income.

Well, although I am not creating a product for sale, I am creating a product to advertise my service. Thus, I’d need a permit to videotape on public land.

This is not a major setback, although I admit that it is (1) a disappointment and (2) just plain stupid. You can take photos of the land, but you can’t take videos? What the hell is the difference?

So for my DVD, I’ll create moving images from the still images using the “Ken Burns Effect” built into iMovie HD. Since the rocks and trees don’t really move anyway, there really won’t be a difference between simulated motion (by panning a still image) and moving a video camera to pan over the terrain.

Which makes me say again, what the hell is the difference?

The rules actually make my job easier. Working with video is a pain.

And since they don’t have any rules about photographing public land from an aircraft — at least I couldn’t find any — we can still take photos and videos as we fly over or past stuff that’s scenic enough to photograph.

Of course things got weirder when dealing with the Navajo Nation for photography in Monument Valley. This was an ordeal. But I can understand it better. The Navajo Nation is a nation — a separate country within our country. They own the land. I am a foreigner passing through. They have the right to make the rules over the land. I don’t own any part of it and my tax dollars don’t pay to maintain it. So I can understand them wanting to get as much money as they can from anyone they can get it from.

Monument ValleyI had to work with the Navajo Nation Film Commission. I had to write a letter and fill out forms. I had to answer questions over the phone. I was told that I’d have to get permits from them and from the Monument Valley Tribal Park people. And the cost of the Film Commission’s permit was simply over my budget. I told the person who gave me this bad news that we’d just cancel our trip to Monument Valley. Canceling would save me about $2,000, including the cost of the permit, lodging, meals, and transportation costs for the overnight stay and half-day photo shoot. She told me she’d talk to her boss again. When she called back, the price had gone down, but we weren’t allowed to use the photos for stock photography. Sheesh. I wrote a check, faxed a copy of it to prove that it existed, and mailed it later in the day.

What’s weird about all this is that I can include the photo shown here in my blog — see? — but not on my Flying M Air Web site or brochure. More people are likely to see it here — after all, this site gets way more hits than Flying M Air’s site — but because this picture is not for sale and not trying to sell anything, I don’t need a permit to take it or show it.

Go figure, huh.

Contributions Corrupt

From a Slate.com piece.

Political corruption abounds. This paragraph appeared in a Slate Magazine article by Roger McShane.

In a nifty little investigation, the NYT details how political donations are corrupting the Ohio Supreme Court. The Times found that Ohio’s top judges “routinely sat on cases after receiving campaign contributions from the parties involved or from groups that filed supporting briefs. On average, they voted in favor of contributors 70 percent of the time.”

If highly paid judges are corrupted by political contributions, then how do you think small-town politicians react?

Who’s paying for your favorite candidate’s campaign? And why?

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What the Patriot Act Has to Do with Buying a New Computer

And how the government has found a way to get their hands on our financial information.

I bought a new computer today: a MacBook Pro. I needed to replace my G4 eMac with a machine that could run Leopard and Boot Camp. I’m under contract to revise my Mac OS X book for Leopard and need to be prepared to get to work when I get my hot little hands on the software.

After much agonizing, I settled on a 15″ 2.16 GHz model. It had the extra RAM I needed and that tiny bit of extra power in the processor and video card will extend its useful life. I’m hoping to get 4 years out of it — I think that’s how long I’ve had the eMac.

I was going to buy from Mac Connection because they offered a sizable rebate and didn’t charge sales tax or shipping. But after doing a little research, I discovered that I qualified for an Apple educational discount. The final price would be the same and I didn’t have to deal with rebate bull.

The last time I bought a computer with a rebate, they tried to deny it, claiming that I hadn’t sent the right paperwork. When I told them I had copies of everything I sent and could resend it, they changed their tune. I got the $150 check in the mail a week later. I guess enough people don’t keep copies that they can get away with that crap.

The other thing that convinced me to buy from Apple was the 90 days “same as cash” program at the online Apple store. (I’m between royalty checks, which is a crappy place to be right after paying income taxes.) My sales guy, Elvis (really), told me that all I had to do was apply for an Apple credit card. But before he began taking my information over the phone for the application, he read me some disclosures. One of them said that my information could be given to the government to investigate terrorists.

What?

He explained. I later realized that it was the Patriot Act in action. An affront on my privacy in the name of the War Against Terror.

I was ready to tell him to forget it, but I wanted the computer and I didn’t want to pay for it in 30 days. (I always pay my credit card bills in full every month. I hate paying interest.) I wanted the extra two months. So I consented and we got on with the process. I was approved over the phone — why the hell is it so easy to get credit in this country? — and completed the transaction.

Oddly enough, later today I was in a meeting with Merchant Services, a company that does credit card processing. I’m trying to get a deal with lower rates than I’m paying for Flying M Air transactions. After going through the details, I asked the representative what I’d have to do to get the ball rolling. She listed the documents I’d have to show and sign. One of them was a Patriot Act document saying that I wasn’t laundering money (yeah, like I have that kind of cash) or funding terrorists. Of course, if I were doing those things, I’d be breaking the law anyway so signing a piece of paper saying I wasn’t doing them wouldn’t be a big deal. According to the credit card lady, though, it was more to protect the bank than anything else. In other words: protection against liability.

Ah, life in the United States in 2006.

Does the government know I just bought a computer? Are they trying to decide if I’m going to use it to plan terrorist activities? When I apply for the new credit card approval account, will they suspect me of laundering money? How does one launder money anyway?

These are questions I may never know the answer to.

But it’s probably better that way.