The VABA Good Neighbor Policy
 
 

At the VABA we believe that being a good neighbor is good business. Among Airport critics, there appears to be no shortage of suggestions as to how Airport users can be good neighbors.


We also believe that good neighbors understand their boundaries – “Good fences make good neighbors”. We also believe that being good neighbors is a two way proposition.


We hope to help the City and our neighbors understand the boundaries that impact the Airport through this website, which is part of a broader public information effort.


To that end, VABA has undertaken to research the history of the Venice Army Airbase (“VAAB”) in the hope of understanding how it became the Venice Municipal Airport (“KVNC”).


Most Venetians may be unaware of the geographic extent of the original Venice Army Air Base. VABA’s investigations have revealed that, during the war, the VAAB ran as far north from the current KVNC runway complex as the hospital. In fact, a number of publications and photos have indicated that the gate to the VAAB was located at the corner of San Marco Drive and the Rialto.


VABA has obtained a survey which indicates that the original VAAB boundaries ran east to west from the west side of Tamiami Trail (US 41) to the Gulf of Mexico.


It’s obvious that the lands bounded by the north side of today’s Airport and San Marco Drive and Tamiami Trail and the Gulf of Mexico are filled with numerous private residences, businesses and other types of non-airport uses.


How, then, did these lands come to be transferred from what was the VAAB into the hands of the City of Venice and non-airport owners? More importantly, what if any effect do these transfers have on the ownership and operation of the Airport.


The answers to these questions reveal a segment of the history of our quaint little beach town that VABA believes may have here-to-fore been overlooked.


When the US Government transferred the Airport proper to the City of Venice after World War II ended, it was done so by way of a number of “Quit Claim Deeds”. Each contained the following language and conditions:


“BY THE acceptance of this deed…. the said party of the second part [the City of Venice] for itself, its successors and assigns agrees that transfer of the property…. is accepted subject to the following restrictions…. which shall run with the land….”


“(1) That all of the property transferred hereby…. called the “airport”, shall be used for public airport purposes, and only for such purposes, on reasonable terms and without unjust discrimination and without grant or exercise of any exclusive right for use of the airport…”


“(2) That the entire landing area…. of the airport shall be maintained at all times in good and serviceable condition to assure its efficient operation….”


These assurances “run with the land” which simply means they are perpetual in nature and cannot be abrogated by the Airport Sponsor without serious consequences.


Put another way, the City made a deal with the People of the United States to take title to the Airport subject to the terms and conditions in the deeds, and a deal is a deal.


There are a number of such “Surplus Act Airports” on the Florida peninsula, perhaps more concentrated than anywhere else in the United States.


What may be perplexing to residents who move here from other areas of the country is that Surplus Act Airports may differ in important ways from the airports to which they are accustomed.


Non-Surplus Act Commercial and General Aviation airports may very well not be subject to the Deed Assurances, Reservations and Easements of record required by the United states Government as conditions precedent to the transfer of the property to the Airport Sponsor.


To reiterate, when the U.S. Government agreed to give this very valuable piece of land to the City of Venice, it was with the explicit understanding that it would always be used as an airport without discrimination as to the type of aircraft that could use its facilities and that the City would always maintain the airport in good condition.


Has the City of Venice met its obligations? Is it doing so now?


VABA has discovered another interesting turn of events. It appears that the Airport Sponsor (the City of Venice) made requests of the federal government to either 1) allow the City to use Airport property for non-aviation purposes (such as the Golf Course) (presuming that fair market rent was charged and the money stayed in the Airport Enterprise Fund) or 2) allow the City to sell the property for private or public use (such as the Italian - American Club and Brohard Park) (again, presuming that fair market consideration was received and the money stayed in the Airport Enterprise Fund).


Also, it appears that the US Government made some direct transfers of property north of Airport Avenue to private ownership.


VABA has located a number of documents entitled “DEED OF RELEASE” which bear comment.


These Deeds of Release are for the north side of Airport Avenue from Shore Road to Ringling Drive, Brohard Park, Chuck Reiter Field, the Italian – American Club and the Island Wastewater Treatment Plant (now referred to as Tramonto Vista Park).


Interestingly, although these Deeds of Release span many years (from approximately 1944 to 2004) they all contain the same protections for the Airport which state:


“(1) That the City of Venice reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking off from or operating on the Venice Municipal Airport,


(2) That the Grantee [the City of Venice] expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77,


(3) That the Grantee [the City of Venice] expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the Venice Municipal Airport.”


These words, sometimes referred to as deed “reservations”, induce some fascinating questions:


Do the owners of the properties along the north side of Airport Avenue recognize their responsibilities to be tolerant of aircraft “landing on, taking off from or operating on the Venice Municipal Airport” or the “noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace”?


Do the owners and users of Brohard Park, Reiter Field etc. have the same understanding?


What responsibilities does the City of Venice (the Airport Sponsor) have to promote such tolerance?


What are the City’s responsibilities to “prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the Venice Municipal Airport”?

Other intriguing documents we came across in our research are called “Avigation Easements” acquired from property owners located off the departure end of Runways 04, 09 (now closed) and 13.


An Avigation Easement is a form of right of way which is acquired by an airport “for free an unobstructed passage of aircraft in, through and across the airspace above the glide angle plane” over an airport.


As of the date of this writing, VABA continues to conduct research into the deeds from the United States Government to property owners located off the departure end of Runway 31.


This web page will be updated as that research proceeds.


What we do know now is that, irrespective of attempts by Airport Critics to marginalize it, the Airport and the City of Venice have been, and will continue to be, inextricably linked and that the City has an absolute obligation to maintain the Airport and make it available on a non-discriminatory basis to aviation users.


Is what’s going on at City Hall today indicative of an Airport Sponsor living up to its obligations…

 

We ask you to decide for yourself and to speak up before it’s too late and we are all, as taxpayers, required to pay, by way of increased taxes, to correct it.


VABA believes that we all have a duty to understand our obligations to maintain our Airport and to cooperate in its operation.


We call upon the City of Venice Council and Staff to begin defending the Venice Municipal Airport, one of this City’s most important historical icons and economic engines, by passing a resolution to implement a public information effort to educate the citizenry regarding the City of Venice’s, and in some cases their own, obligations to the Airport.