Salem City Council Strikes Down License Request

The NIMBYs have spoken in Salem, OR... but they might not have the final say.

Last week, the Salem City Council voted to deny a license to Leading Edge Aviation, a helicopter flight training school hoping to set up shop at Salem Municipal Airport/McNary Field (SLE.) Councilors said the school posed "health, safety and welfare" concerns.

School officials haven't decided yet how to respond, but one of their options is to ask the FAA for help. FAA spokesman Mike Fergus told the Salem Statesman-Journal the agency is concerned the denial puts federal funding for SLE at risk, noting "from the standpoint it would be a discrimination of access."

Leading Edge vice-president Travis Warthen said the council's decision overturned a city advisory board recommendation, and went against advice from city staffers. "It isn't within the city's power to do what they are trying to do -- and they know that," Warthen said. "They are waiting for the FAA to force their hand."

Warthen adds councilors probably know that... and their denial vote amounts to posturing to school opponents, many of them neighbors living around SLE who oppose Leading Edge's proposed school not necessarily over safety concerns, but rather because they don't want to live with helicopter noise.

As ANN reported in May, those neighbors rejoiced when the last helo school to operate at SLE -- now-defunct Silver State Helicopters -- closed up shop in February... and they want to keep their neighborhoods quiet.

Salem officials acknowledge local governments must yield to the FAA on matters of how, when or where aircraft may operate in federal air space. And since SLE receives federal funding, they can't decide to block access to certain users without just cause.

Those staffers add the city does have limited authority over commercial operations at the airport, however... and the council decided that includes the right to block Leading Edge from setting up shop.

Should Leading Edge files a grievance with the FAA -- and Warthen says that's the likely scenario -- the FAA will initially attempt to reach an informal, amicable solution. If that approach fails, a formal investigation will be launched, possibly resulting in a formal order for SLE to allow the school to open.

If city leaders continue to defy the agency at that point... well, then the lawyers get involved. Salem City Councilor Laura Tesler -- who entered the motion to block Leading Edge, at the request of her constituents -- believes it could just come to that, too.

"I have to be fairly constrained in my comments. There is liability and probably litigation pending," Tesler said.

Another option for Leading Edge would be to re-apply for a license... though given the level of scrutiny his school faced the first time around, Warthen doesn't expect Leading Edge to go through that process again.

FMI: www.cityofsalem.net/departments/scdev/airport, www.leadingedgeavn.com/