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From Decline To A Bright Future: Valkaria Airport Finally Accepts FAA Grants!
Long-awaited safety improvements are on the way soon!
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Created: 03/24/2010
Updated: 03/24/2010
Link(s): N/A
 
Article by Mike Whaley
March 23, 2010

Hell froze over today in Central Florida!

The Valkaria Airport (X59) community is thrilled to announce that after years of hard work on the part of the local aviation community, a gigantic step forward was accomplished on Tuesday, March 23, when the Brevard County Commission unanimously approved the acceptance of federal and state funding for critical safety improvements! This is the first time in the airport's history that FAA Airport Improvement Program (AIP) entitlement funds have been sought or accepted, which is highly unusual for any public-use airport in the nation.

The FAA funds will be combined with Florida DOT (FDOT) funds as well as a 1% local match, and total $315,000 to be disbursed in two parts. The money will be used for long-needed and high-priority safety improvements to the airport, including runway / taxiway re-marking; installation of an airport beacon, lighted windsock, Precision Approach Path Indicator (PAPI), Runway End Identifier Lighting (REIL), and a segmented circle; the drafting of a property map; engineering drawings for future apron resurfacing; and authorization for the commission chairman (i.e., Mary Bolin) to sign the paperwork on behalf of the commission as is consistent with these projects.

The only "string" attached by the commission was that should the language of the final FAA grant contract change "significantly" from the current "draft" version (as determined by the county attorney) then the changes must come back before the commission for review. This is standard procedure, and no such changes are anticipated.

Getting to this pivotal point has been a long and difficult process. Up until about 5 years ago, anti-airport activists controlled the affairs of the airport, and had been systematically destroying the facility throughout the two decades prior. Through the years, things got so bad that law enforcement got involved several times... neighbors were manipulated into a perpetual state of fear... the airport advisory board was full of people who despised aviation and aviators... airport management enforced policies designed to slowly eliminate X59 as an aviation facility through intentional neglect... and even the local EAA chapter was forced to remove their soda machine on the ridiculous charge that the $4 per month it brought in was a "prohibited commercial activity"!

When the political landscape changed and a new airport manager came in, however, local aviators seized the opportunity by banding together and going on the offensive. Since then, the fortunes of Valkaria Airport have completely reversed course. Airport supporters have won literally every battle against the anti-airporters in the last five years... and every single step WAS a battle!

Thus far, the airport has gained an excellent airport master plan (that "only" took 2 years and 15 public meetings!), established positive and effective airport management policies, created a yearly air fest that draws thousands of neighbors to the airport, and more. Critically, the cause of the airport has steadily gained rock-solid support throughout the community, county commission, FAA, FDOT, and many other places.

In a dramatic example of the current level of success (and one of the sharpest rebukes imaginable to the detractors), last week the Grant-Valkaria town council -- which just a few months ago engaged in a widely-publicized battle to illegally regulate the airport , earning a severe legal smacking from both the FAA and the state attorney general -- completely reversed their prior position and actually sent the County Commission a letter indicating their full SUPPORT of installing these airport safety improvements!!

One of the most urgent needs has been to bring the airport up to basic, modern safety standards for the operations that occur there. A major goal of the anti-airport crowd was to prevent that, at all costs... accomplished in large part by preventing the airport from ever receiving federal money. They had convinced prior county commissions (among others) that accepting FAA funding would somehow eliminate local control of the airport, force the establishment of large commercial operations, and create a vast array of onerous new obligations for the county. The facts, of course, are radically different. When the feds gave the airport to the county in 1958, the quit-claim deed PERPETUALLY obligated Brevard County to the SAME obligations as are found in those "dreaded" FAA grant assurances (which only apply for 20 years). Moreover, the last few years has seen the county actively working to "catch up" with meeting those obligations, which had been (illegally) ignored for so many years at the behest of the anti-airporters.

In the long war against Valkaria Airport's enemies, Tuesday's acceptance of FAA and FDOT money was the equivalent of the Normandy invasion, signaling that the anti-airporter's cause has been utterly and irreversibly lost. This watershed event signals that their malevolent little empire has finally crumbled away for good, and the few remaining agitators have been hung out to dry. They no longer have a single remaining shred of support, credibility, or influence in either the public or political arenas. Even the local media outlets have blacklisted them! Meanwhile, the aviation community is experience growing support and influence as they continue to stay involved in the community.

While the full story of X59 is quite long and convoluted (and often hard to believe), the moral is simple: active community engagement REALLY WORKS!

The main tools of anti-airport bullies -- dishonesty, fear, harassment, and intimidation -- are no match for the coordinated efforts of concerned pilots and their supporters who have armed themselves with hard facts, are driven by their innate passion for aviation, and who have the dedication to press home the attack for as long as it takes to set things right.

We hope the story of our ongoing success at Valkaria Airport, which was unimaginable only five years ago, will be encouraging to all aviation-minded people who find themselves having to fight against their local airport detractors. Dig in, get organized, and keep fighting the good fight! While it's not easy, and you will certainly get bruised and discouraged at points along the way, in the end it IS well worth the effort. You CAN and WILL win, once you decide you really want to!


Click to open Main file:
  
Click to hear the Valkaria Airport Creed!
(MP3 file, 417 KB)
 

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The Restoration Gets Rolling - Commission to Approve FAA/FDOT Funding For X59
BOCC meeting on March 23, 2010 to open funding floodgates for X59's revival
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Created: 03/22/2010
Updated: 03/22/2010
Link(s): N/A
 
Article by Mike Whaley
After all the fights the local citizens and aviation community have had to go through just to get the 2007 Master Plan approved, after all the work to undo all the years of willful neglect of Valkaria Airport... March 23, 2010 will live on as a big day that will be celebrated for a long, long time! The Brevard County Commission is set to accept two year's worth of FAA Airport Improvement Program (AIP) grants, which will be used to bring the airport up to the basic safety standards expected for any modern airfield (these are the first AIP funds the airport's ever been permitted to apply for or accept!)

This grant/JPA package is divided pretty well equally into two parts ("A" and "B"), which will be used for the following high-priority safety improvements:

  • Runway and taxiway painting and other re-marking
  • Airport beacon installation
  • Lighted windsock installation
  • Precision Approach Path Indicator (PAPI) installation
  • Runway End Identifier Lighting (REIL) installation
  • Segmented circle installation
  • Drafting of a property map
  • Engineering drawings for future apron resurfacing
  • Authorization for the BOCC chair to sign both grants and JPAs from FAA and FDOT, upon receipt, as consistent with these improvements

In essence, approving this agenda item begins the actual physical implementation of the airport's most urgent safety needs, in accordance with the 2007 Master Plan's recommendations. While there will be more improvements to come in future years, this group of items is "the big one" for restoring Valkaria to being reasonably safe for use... and that's just looking at the EXISTING operations that have gone on there for years, such as nighttime mosquito control flights and the many transient student training operations. After decades of outright neglect, the airport is coming back to life!

The total value of this particular AIP grant (including AIP funds combined from both 2009 and 2010) and FDOT Joint Participation Agreement (JPA) package is $315,000. And guess what... the local (county's) required commitment is only ONE PERCENT of the cost!! These urgent safety items will cost Brevard County only $3,160. What a great deal for the local taxpayers! Also remember that the airport is operated as an enterprise fund, and does NOT take money from the county's general fund... thus, the airport is fully self-supporting.

Below are various documents associated with the project.


Click to open Main file:
  
BOCC Agenda Item Summary - 3/23/2010, Item III.A.10

This is the short agenda summary for this item.
(PDF Format, 95 KB)
 

Click to open Main file:
  
BOCC Agenda Attachment - 3/23/2010, Item III.A.10

This is the full attachment to the agenda item, which contains the details that the Commission is given and which they actually vote to accept. This document contains an financial overview (p.1), the sign-off from county department reviews (p.2), FDOT's JPA agreement (p.3), the project responsibilities (p.17), the budget (p.18), program assurances (p.19), FAA AIP approval letters and project management checklists (p.31), more FAA AIP letters and a grant agreement (p.35), and a letter from the town of Grant-Valkaria supporting safety improvements at the airport (p.56).
(PDF Format, 2.82 MB)
 

Click to open Main file:
  
FAA Letter Re: Grant Status for X59 (Pedro Blanco, 3/19/2010)

This is a letter from FAA Program Manager Pedro Blanco concerning the current status of the first half of the AIP grant process. This letter emphasizes the time-critical nature of getting the County Commission to approve the acceptance of the grants before the deadline.
(PDF Format, 445 KB)
 

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Attorney General to Grant-Valkaria: You have NO jurisdiction over X59, period!
AGO's opinion merely confirms what we all knew...
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Created: 10/14/2009
Updated: 10/14/2009
Link(s):  http://www.myfloridalegal.com/ago.nsf/Opinions/C983B055C0E9A7EB8525764E0075159D  http://www.eaa1288.org/news_detail.cfm?NewsID=29  http://www.eaa1288.org/news_detail.cfm?NewsID=32
 
Article by EAA 1288
As we all predicted, the Town of Grant-Valkaria has lost yet again in their efforts to illegally destroy Valkaria Airport by regulating airport activities. This time, the town was shot down by the Florida Attorney General's office (AGO) in a legal opinion which was requested by both the town of Grant-Valkaria and Brevard County, who actually owns Valkaria Airport (X59). While a small portion of the airport property lies in the town of Malabar (which is also anti-airport), they did not join in the AGO request. The opinion is AGO 2009-46, issued 10/13/2009.

This quote from Florida Attorney General Bill McCollum sums it up (emphasis added):

I am persuaded by the language of section 125.015, Florida Statutes, and the case law discussed above, that the Valkaria Airport, owned and operated by Brevard County, is "without the jurisdiction" of the Town of Grant-Valkaria and the city has no authority to exercise its zoning powers or regulations over this property.

This opinion bolsters, on the state level, the legal facts laid out by the FAA's letter to the town in August 2009 confirming the town's complete lack of jurisdiction over the airport under Federal law.

Below is the full text of the Opinion as posted on the AGO website on October 14, 2009.

Number: AGO 2009-46
Date: October 13, 2009
Subject: Municipality, authority to zone county airport

Mr. Karl W. Bohne, Jr.
Town of Grant-Valkaria
Schillinger & Coleman, P.A.
Post Office Box 410818
Melbourne, Florida 32941-0818

Mr. Scott Knox
Brevard County Attorney
2725 Judge Fran Jamieson Way
Viera, Florida 32940

RE: MUNICIPALITIES – COUNTIES – AIRPORTS – ZONING – authority of municipality to zone property located within municipality, but owned and operated as an airport by the county. ss. 125.015 and 166.021, Fla. Stat.

Dear Sirs:

On behalf of the Town of Grant-Valkaria and Brevard County, you have asked for my opinion on substantially the following question:

Is a county-owned airport, which is located within the jurisdictional boundaries of a municipality, subject to the zoning ordinances and regulations of the municipality pursuant to section 125.015, Florida Statutes?

In sum:

A county-owned airport, which is located within the jurisdictional boundaries of a municipality, is not subject to the zoning ordinances and regulations of the municipality pursuant to section 125.015, Florida Statutes, as the statute places airport property outside the municipality's jurisdiction.

According to information submitted with your requests, Brevard County owns and operates the Valkaria Airport, a portion of which lies within the municipal boundaries of the Town of Grant-Valkaria (the town). Valkaria Airport is a public-use, federally-obligated airport. The town is considering adopting a zoning ordinance that would regulate certain aeronautical businesses and flight activities at the airport by changing the authorized activities that may be conducted on airport property. The primary purpose of the ordinance would be to prohibit commercial flight training schools and instruction based at the Valkaria Airport. Because the airport is owned and operated by the county and located within the city limits, you have both joined in this request for an Attorney General's Opinion.

Sections 125.011 - 125.019, Florida Statutes, authorize charter counties to undertake projects relating to public mass transportation, harbors, ports, shipping, and airport facilities.[1] A "project" for purposes of this act may include any one or a combination of two or more of the following:

"(a) Public mass transportation, harbor, port, shipping, and airport facilities of all kinds and includes, but is not limited to, harbors, channels, turning basins, anchorage areas, jetties, breakwaters, waterways, canals, locks, tidal basins, wharves, docks, piers, slips, bulkheads, public landings, warehouses, terminals, refrigerating and cold storage plants, railroads and motor terminals for passengers and freight, rolling stock, car ferries, boats, conveyors and appliances of all kinds for the handling, storage, inspection and transportation of freight and the handling of passenger traffic, airport facilities of all kinds for land and sea planes, including, but not limited to, landing fields, water areas for the landing and taking off of aircraft, hangars, shops, buses, trucks, and all other facilities for the landing, taking off, operating, servicing, repairing, and parking of aircraft, and the loading and unloading and handling of passengers, mail, express and freight;
(b) Administration buildings, toll highways, tunnels, causeways and bridges connected therewith or incident or auxiliary thereto, and may include all property, rights, easements, and franchises relating to any such project and deemed necessary or convenient for the acquisition, construction, purchase, or operation thereof; and
(c) Export trading companies, foreign sales corporations, consulting services corporations, cargo clearance centers, and customs clearance facilities as provided in s. 125.012(26)."[2] (e.s.)

The act authorizes counties to acquire "projects" of any municipality within the county. Ad valorem taxes of not more than 1½ mills may be levied on all county property for "the cost of constructing, operating, maintaining, expanding, enlarging, improving, or developing any project or projects" specified in the act.[3] In addition, the board of county commissioners of any county operating under the act may issue general obligation bonds, revenue bonds, or other evidences of indebtedness of the county to pay all or a part of the cost of any projects undertaken pursuant to this act.[4] Projects financed under the provisions of sections 125.011 - 125.019, Florida Statutes, and the income from these projects and any bonds issued, are free from state taxation.[5]

I would note that Brevard County is a charter county and I must assume that the board of county commissioners has, by resolution, elected to exercise the powers conferred by sections 125.011 - 125.019, Florida Statutes, as required by the act.[6]

Section 125.015, Florida Statutes, provides in part that

"[a]ny project owned or operated by such county and lying within the boundaries of a municipality shall be under the exclusive jurisdiction of the county and shall be without the jurisdiction of said municipality."

The clear language of the statute removes any such project from the jurisdiction of the municipality in which it may lie and places exclusive jurisdiction for the project with the county.

Several cases have considered the implications of this language in section 125.015, Florida Statutes.[7] In City of Opa-Locka v. Dade County,[8] the city filed a petition for a writ of mandamus seeking an order requiring the county tax assessor and county tax collector to assess and collect city ad valorem taxes for three previous years on leasehold interests at the Opa-Locka Airport lying within the city limits. The district court of appeal held that exclusive jurisdiction over a county-owned airport facility was vested in the county and the facility was subject only to such ad valorem taxes as were imposed by the county and not to any municipal ad valorem tax levy. As the court noted:

"The language of [section 125.015, Florida Statutes], quoted above, leaves no doubt as to the legislative intent. Exclusive jurisdiction over county owned airport facilities is vested in the county. That grant alone would have been sufficiently clear as to require no interpretation. In an abundance of caution, the Legislature added that such facilities ‘shall be without the jurisdiction' of said municipality."[9]

Subsequently, in a second City of Opa-Locka v. Dade County,[10] the city brought a declaratory judgment proceeding to determine the city's obligations with regard to that portion of the airport operated by the county, but lying within the city's boundaries. The city had offered to extend various municipal services to persons engaged in business or residing on that portion of the airport that was within the boundaries of the municipality. The city also intended to levy a municipal occupational license tax on those engaging in or managing any business, profession, or occupation within the city's jurisdiction. The court again relied on section 125.011(2), Florida Statutes, and stated that

"The legislative intent of Section 125.015, Florida Statutes, is clear and that section applies to the entire portion of the Airport which lies within the municipal limits of the plaintiff city, including all of the facilities and property necessary or convenient for the operation of the Airport lying within such portion."[11]

The court noted that the city was authorized to levy a municipal occupational license tax by statute, but that its authority was limited to exercise "within its jurisdiction" and that the "City, therefore, may not lawfully levy any such municipal tax within that part of the defendant County's Airport which though lying within the City's boundaries, is ‘without the jurisdiction' of plaintiff City."[12] Pursuant to the court's order, "[the city], its officers, employees and agents, have no jurisdiction upon and may not lawfully exercise jurisdiction upon any part of the Airport, its facilities, easements or property lying within [the city's] boundaries, except in the event of hot pursuit of persons suspected of having committed violations of law (including ordinances of plaintiff City or defendant County) within the City's boundaries but outside of the boundaries of the Airport."[13]

Again, in 1988, a municipality sought to enforce an occupational licensing ordinance upon a business at a county-owned and operated airport located within the city limits. In City of Dania v. Hertz Corporation,[14] the court reviewed section 125.015, Florida Statutes, and cited the two earlier City of Opa-Locka cases, concluding that "[u]nder Florida law a county which operates an airport that is located in whole or in part within a municipality has jurisdiction over the airport and all those facilities necessary and convenient to its operation, to the exclusion of any exercise of jurisdiction by the municipality."[15] The city argued that the Legislature had intended a distinction between projects acquired from the municipality and those which were acquired from private sources. Thus, the city concluded that the grant of exclusive jurisdiction in section 125.015, Florida Statutes, applied only to those projects or parts of projects acquired directly from a municipality, either by purchase or condemnation. The court rejected this argument as unreasonable and construed the first sentence of section 125.015 as referring to projects located with a municipality whether or not they were acquired "from" the municipality.

The Legislature has declared that an airport owned or operated by a county and lying within the boundaries of a municipality is under the exclusive jurisdiction of the county and shall be "without the jurisdiction of said municipality." I am aware of no authority for a municipality to zone property or otherwise exercise jurisdiction over property "without its jurisdiction" with the exception of "hot pursuit." Rather, section 166.021(1), Florida Statutes, granting municipalities "the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and . . . exercise any power for municipal purposes, except when expressly prohibited by law" limits the exercise of extraterritorial powers by municipalities. Subsection (3) of the statute prescribes limitations on the subjects that municipal legislation may address:

"The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution[.]" (e.s.)

Thus, any exercise of extraterritorial powers by municipalities requires a grant of general or special law.

I am persuaded by the language of section 125.015, Florida Statutes, and the case law discussed above, that the Valkaria Airport, owned and operated by Brevard County, is "without the jurisdiction" of the Town of Grant-Valkaria and the city has no authority to exercise its zoning powers or regulations over this property.

In sum, it is my opinion that a county-owned airport, which is located within the jurisdictional boundaries of a municipality, is not subject to the zoning ordinances and regulations of the municipality pursuant to section 125.015, Florida Statutes, as the statute places airport property outside the municipality's jurisdiction.

Sincerely,

Bill McCollum
Attorney General

BM/tgh

_____________________________________________________________________

[1] See s. 125.011(2), Fla. Stat., defining "[p]roject" and (1), defining "[c]ounty" to mean a charter county.

[2] Section 125.011(2), Fla. Stat., defines the term "[p]roject" for purposes of the act.

[3] Section 125.016, Fla. Stat.

[4] Section 125.013(1), Fla. Stat.

[5] Section 125.019(1), Fla. Stat.; but see s. 125.019(1), Fla. Stat., which states that

"[t]he exemption granted by this subsection shall not be applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations."

[6] See s. 125.011(1), Fla. Stat.

[7] The language in s. 125.015, Fla. Stat., existed originally in the Port Authority Act, Ch. 22963, s. 4, Laws of Fla. 1945, and was brought into the statutes by s. 4, Ch. 71-249, Laws of Fla. 1971.

[8] 247 So. 2d 755 (Fla. 3d DCA 1971), cert. denied, 252 So. 2d 802 (Fla.1971).

[9] Id. at p. 760.

[10] 384 So. 2d 937 (Fla. 3d DCA 1980).

[11] Id. at p. 938.

[12] Supra n.10 at p. 938.

[13] Id.

[14] 518 So. 2d 1387 (Fla. 4th DCA 1988).

[15] Id. at p. 1388.


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Just For Laughs... The Oshkosh 1988 Theme Song!!! top
Created: 10/13/2009
Updated: 10/13/2009
Link(s): N/A
 
Article by Mike Whaley
Oshkosh Fly-In: The very name implies the pinnacle of aviation, the perfect assembly of innovation, history, excitement, the unknown and the could-be...

...and then you hear theme music so bad you wish there was a running propeller nearby for you to jump into, just to MAKE IT STOP.

Believe it or not, the song in the MP3 file below was the actual theme song for the 1988 Oshkosh Fly-In! I don't know if they were going after the vital Lawrence Welk audition rejectee demographic, or if someone lost a really big bet with the Osmond family... but it's hard to imagine there are enough Leinenkugel's in all of Wisconsin to have made this seem like a good idea. Even in the Polka Belt in 1988.

This was clipped from the end of the Uncontrolled Airspace podcast (#145). Great show, fun to listen to... give it a shot.


Click to open Main file:
  
Is this the worst promotional song ever, or just the worst SONG ever? (MP3 file, 244 KB, 41 seconds... because 60 seconds of this is more than any human could possibly endure)  

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County Commissioners Voting On Valkaria Airport Items - Tues. 9/1/2009
BOCC Meeting on Tues. Sept. 1, 2009 at 9 AM - Be There!
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Created: 08/27/2009
Updated: 08/27/2009
Link(s):  http://www.brevardcounty.us/commission/  http://www.aopa.org/advocacy/articles/2009/090827gvord.html
 
Article by Mike Whaley
ACTION ITEM:
Attend The Meeting!!
Tuesday, Sept. 1 - 9 AM in Viera
We encourage all interested parties to attend the Sept. 1 Commission meeting and/or contact the Commissioners, and urge them to support passage of both of these items. The RFP item in particular is likely to attract a lot of attacks as it signifies a milestone in the actual restoration of Valkaria Airport into a safe, usable facility... something that the town council of Grant-Valkaria and other anti-aviation activists (including commissioner Chuck Nelson) has fought viciously, yet unsuccessfully, against.

Hearing your reasoned voice of support for fully and quickly implementing the Airport Master Plan's framework, which the Commission unanimously adopted in August 2007, is important! It benefits not just the aviation community but the ENTIRE community in many ways... let's be sure to remind the Commission of that important fact!

On Tuesday, Sept. 1, 2009 the Brevard County Commission is scheduled to hear two items of direct interest to users and supporters of Valkaria Airport during their regular meeting, which starts at 9 AM at the Commission Chambers in Viera.

Agenda Item VII.A.4: "Authorize Advertisement of Request For Proposals (RFP) for Valkaria Airport Engineering Consultant, Appoint Selection Committee, Chair Execution Of Consultant Contract and Pursuit of Grant Funding for Airport Safety Improvements"

First off, the Commission will hear a request from county staff to advertise an RFP (Request For Proposals) seeking an aviation engineering consultant to provide services to implement various improvements adopted by the Commission in the 2007 Airport Master Plan (runway markings, REILS, PAPIs, beacon, etc.) Since Valkaria Airport is now (finally!) eligible to collect AIP funding, now it's time we hire a consultant (God help 'em) to design the many needed upgrades the BOCC approved in 2007, mostly just basic safety items. AIP funding of $150K is 95% FAA money, 4% FDOT, and 1% County. Look for a nasty fight against this one, encouraged by anti-aviation commissioner Chuck Nelson.

Agenda Item VII.E.2: "Request Board of County Commissioners' Approval to Request Attorney General's Opinion Regarding Zoning Jurisdiction at Valkaria Airport"

Also, and this would seem to be a bit less controversial since the bad guys requested it in the first place, Brevard County staff has requested for the County Commission to formally join in with a request for the Florida Attorney General's office to issue an opinion concerning whether Grant-Valkaria has any jurisdiction at the airport. G-V originally requested the AG issue an opinion, however the AG said the County (being the facility's owner) had to agree to join in the request before they would issue an opinion on the matter. County staff is confident that the AG will agree that Florida law establishes that the town has no jurisdiction, including zoning, and recommends that the Board should join the Town and request the AG's opinion. Staff duly notes that that regardless of the AG's ultimate opinion on the matter, federal law clearly invalidates any and all attempts G-V may make to regulate the airport or activity there (More Info).

The full meeting Agenda Reports are posted below for each of these items. These are the documents given to each of the County Commissioners in advance of the meeting for each agenda item, generally containing the executive summary of the item and the supporting documentation.

AOPA Keeps Beating The Drum Of Reality

Also, on August 27, 2009 AOPA published a news article concerning the situation at Grant-Valkaria entitled "Grant-Valkaria can't restrict flight training, FAA says".

Click Below for the BOCC Agenda Reports:


Click to open Main file:
  
BOCC Agenda Report for 9/1/09 9 AM meeting - Item VII.A.4 - "Authorize Advertisement of Request For Proposals (RFP) for Valkaria Airport Engineering Consultant, Appoint Selection Committee, Chair Execution Of Consultant Contract and Pursuit of Grant Funding for Airport Safety Improvements" (Adobe PDF File, 185 KB)  
Click to open Main file:
  
BOCC Agenda Report for 9/1/09 9 AM meeting - Item VII.E.2 - "Request Board of County Commissioners' Approval to Request Attorney General's Opinion Regarding Zoning Jurisdiction at Valkaria Airport" (Adobe PDF File, 1.4 MB)  

If you have any additions or corrections to this item, please let us know.
FAA Responds To Grant-Valkaria's Anti-Aviation Efforts
FAA: Town has NO legal standing to regulate X59, period.
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Created: 08/10/2009
Updated: 08/10/2009
Link(s): N/A
 
Article by EAA 1288
The FAA is clearly beyond sick and tired of the B.S. flowing in copious quantities from the anti-airport forces in control of Grant-Valkaria's Town Council, as this 14-page letter to the town attorney shows.

This letter refutes every argument the town presented trying to justify their attempts to illegally regulate aeronautical activities at Valkaria Airport (which of course the town doesn't even own), and even refutes statements made by Mayor Del Yonts to the newspaper.

None of the many relevant and long-established legal precedents explained in this letter and which have been given to them from various other sources are "hidden" from public access for anyone with Internet or library access. They should be REALLY should be easy to find by anyone in the legal profession, despite the claims of Town Attorney Karl Bohne that his public statements that his so-called "research" showed that this ordinance was valid and enforceable. But, as the council members clearly and gleefully stated during the meeting, they feel it is their personal responsibility to establish a new national precedent to prove that the Federal Aviation Administration really has no authority over aeronautical activities at airports when federal law conflicts with the desire of the town, even when said town doesn't even own the airport in question.

Click below to read the entire 14-page letter. This isn't just a warning shot over the bow, it reads more like a full-on, all-guns broadside within inches of the deck!

The FAA isn't even required to waste their time (and our tax money) in explaining such basic facts to a non-sponsor entity like this, especially since the Town Council obviously chooses to continuously ignore all the other obvious warnings they've been given over the past few years by the FAA, FDOT, Brevard County, concerned citizens, AOPA, EAA, etc. Unfortunately, inconveniences like facts, logic, legal precedent, the US Constitution, and serving the best interests of the town's citizens have very little to do with the ongoing actions of this Town Council!! Sadly, the town citizens will inevitably be left holding the bag for their council's indescribable arrogance and utter foolishness to carry out a childish personal vendetta.


Click to open Main file:
  
The FAA's letter to the Town of Grant-Valkaria, 8/7/2009. (Adobe PDF File, 1.1 MB)  

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An Example: AOPA / Pilots v. City of Pompano Beach (2005)
What happens when cities try to illegally regulate aviation?
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Created: 05/31/2009
Updated: 05/31/2009
Link(s):  http://www.faa.gov/  http://www.aopa.org/
 
Article by Mike Whaley
NOTE: The PDF file with the full determination is downloadable at the bottom of this page.

The Complaint

In this case, the AOPA represented pilots who sued the city of Pompano Beach, FL, after the city passed regulations against various aviation activities at the Pompano Beach Air Park (KPMP). The City passed ordinances restricting stop-and-go and touch-and-go operations, intersection takeoffs, glider operations, taxi-backs, prolonged engine runups, and the inclusion of rotorcraft in these restrictions. The pilots filed a complaint with the FAA in response.

Sound familiar? It should... Grant-Valkaria's Town Council has been trying this repeatedly since January 2009!

Background

The city of Pompano Beach gained ownership of the facility from the federal government under quitclaim deeds in 1947 and 1948, which... just like at Valkaria Airport... perpetually obligated the airport owner to abide by the rules set forth by the FAA, including not unjustly discriminating against aeronautical uses and activities.

The Findings

Predictably, the Director of the FAA (the governing entity in this case) found that the city was in violation of their obligations under their quitclaim deeds.

Furthermore, "The Director finds that the City's continued noncompliance may be grounds to declare the City in default under the 1992 Agreement**, which would be cause for the FAA to withdraw its consent for the City to use Air Park property, including airport revenue, for non-aviation purposes." (** This pertained to an agreement in which the FAA and the City settled disputes over the underpayment of land rents on the Air Park property by the City for non-aviation purposes, which permitted the City to continue using the 444 acres of said property which includes a golf course, park, water plants, fire station, and horse facilities. The direct correlation with Valkaria would be the County's use of airport property for The Habitat golf course, Mosquito Control, and the Fire Station facilities... including all the revenues they may generate.)

The Tie-In To Valkaria Airport

Brevard County has grant assurances in place which are attached to all their transportation-related grants from the federal level (road, bridges, waterways, railroads, and air). The US DOT (FAA's parent organization) has, as a punitive measure, forced the repayment of ALL transportation grants received (not just airport-related ones) and removed cities from any further eligibility for future ones in cases where local municipalities insisted upon illegally restricting activity at their local airport.

The Very Definition Of Bad Government: The Grant-Valkaria Town Council

While the officials of the Towns of Grant-Valkaria and Malabar have a long history of irrational and unjustifiable antagonism towards Valkaria Airport (though only a tiny fraction of their citizens approve of their anti-airport views), the airport is now, and always shall be, owned by Brevard County... at least so long as the County doesn't do anything to force the FAA to take it back. However, these town's repeated attempts to create illegal restrictions upon the aviation activities at the airport now and in years past have served ONLY to cost the taxpayers (i.e., YOU) lots and lots of wasted money. We taxpayers are on the hook for the great amounts of County and Federal employee's time (including well-paid attorneys) required to refute these ridiculous efforts by the clowns who run these towns.

Put simply: The officials of these towns have continuously abused their positions to carry out a personal vendetta, at great expense to hundreds of thousands of taxpayers. While they are entitled to any opinions they want, public officials are NEVER, EVER entitled to knowingly break the law, even when claiming that it's "what their citizens want"! Even moreso when everyone concerned absolutely KNOWS that it's NOT what the citizens want at all! Though in many countries, their actions would quickly result in them being arrested, tried, and imprisoned (or even executed), in America it hits us all a bit more personally... our taxes get jacked up in order to pay for these miscreant's abuses. Such is the fate of apathetic citizens who don't keep close tabs on their elected officials!

Whether the town officials like it or not, the county is forever bound by contract and law to vigorously uphold their agreements, and therefore they have no choice but to fight the town's attempts to unlawfully regulate the airport.

Of course, the town's only goal is to harass the county and cost them (i.e. ALL taxpayers) as much money and effort as possible to pursue their personal vendetta against the many pilots who use Valkaria. However, what they don't tell anyone is that no amount of invalid local ordinances, legal threats, nasty letters, editorials, or empty political rhetoric can or will change federal law on the issue.

In fact, it's specifically because of the actions of small-minded town officials like those in Grant-Valkaria and Malabar and other towns here and there that forced the federal government long ago to exert their absolute authority over aviation. Every single such short-sighted, misguided attack upon aviation has only served to strengthen the fed's protection of this irreplaceable national resource.

A Long, But Very Informative, Read

The full document containing the Director's Determination is below. The full case is FAA Docket No. 16-04-01, "Aircraft Owners and Pilots Association (AOPA) Members: Bill Bahlke, Reagan L. DuBose, Howard G. SOloff, Laurence K. Mellgren, David Watkins, Joseph Haughey, Robert Kwass, Herbert Jacobs, and Levent Erkmen v. City of Pompano Beach, FL".


Click to open Main file:
  
The FAA Director's full determination in this case. (PDF File, 3.5 MB)  

If you have any additions or corrections to this item, please let us know.
Grant-Valkaria Tries to Outlaw All Flight Training
Declaration of War against local citizens, federal government, and Brevard County
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Created: 05/28/2009
Updated: 06/01/2009
Link(s): N/A
June 2, 2009: G-V ANTI-AVIATION ORDINANCE PASSED! (FIRST READING)
After hours of discussion and many, many repeated warnings about the likely consequences, the Town Council still approved a slightly-modified, but essentially similar, ordinance stating "No commercial flight training/instruction or commercial flight training/instructions schools shall be based in the GML zoning district". There will be a second reading and vote to accept it at a future date, TBD. Curiously, the town attorney indicated that even while it's still a proposed ordinance, they can enforce it somehow, subject to final passage (just in case someone wanted to open up a flight school there in the very near future, we suppose?) STAY TUNED...

What Are They Trying To Do?

The full proposed ordinance is posted below, but here's the meat of it (REVISED TO REFLECT THE AMENDED ORDINANCE AS PASSED ON 1ST READING, 06/01/09):

(A). Additional limitations for Airports and aviation related activities.
  1. No flight training/instruction or commercial flight training/instruction schools shall be allowed to be operated from or in the GML zoning district;
  2. No aircraft based at any airport located in the GML zoning district shall be used for flight training; (This clause eliminated from revised ordinance passed 06/01/09)
  3. For purposes herein the term flight training/instruction shall mean the giving or receiving of instruction in learning to pilot an aircraft or for recurrent training.
  4. For purposes herein the term flight training/instruction school shall mean any person firm, corporation or other entity that provides flight training/instruction.
  5. For purposes herein the word commercial means the sale, service or solicitation of any item or service, for a set fee or donation, tangible or intangible. (New clause
  6. The provisions of this ordinance shall not apply to any uses prohibited herein that were lawful before teh effective date of this ordinance. (New clause

This illegal and unenforceable ordinance seeks to outlaw 80% of the flight operations at Valkaria, and the usage of many based aircraft. The town plans to have code enforcement issue fines and liens against "violators".

Can They DO That?

Absolutely NOT!

Well, technically, they can (and surely will) pass any ordinance they want. However, it's 100% unenforceable for numerous reasons...

Let's Look At The Facts:

  • FEDERAL LAW HAS SUPREMACY OVER LOCAL AND STATE LAW (unless Federal Law grants exceptions to local governing bodies, which in this case it does not).
  • The Town of Grant-Valkaria does not own Valkaria Airport... Brevard County does.
  • Valkaria Airport is a federally-obligated, public use airport.
  • No government entity may restrict, discriminate against, or ban ANY legitimate aeronautical activity. This is enshrined in long-time federal law.
  • The fact that Valkaria Airport is within the town limits of Grant-Valkaria does NOT entitle the town to any special rights whatsoever to dictate anything that occurs at the airport.
  • Valkaria Airport's obligations and operating conditions are PERPETUAL and cannot be changed. This includes an obligation to keep the facility open, as an airport, forever.
  • Brevard County is legally obligated to fight any and all unlawful restrictions placed upon the airport by any entity.
  • Brevard County may be excluded from eligibility to collect future federal AND state transportation grants, should they fail to fight restrictions against the airport or aviation.
  • The US-DOT can (and recently has) exercised it's authority to force a municipality to fully REPAY all of the Federal transportation grants they've received for the past several years, in response to that municipality's pursuit of unlawful restrictions upon legal aeronautical activities. This typically includes every dollar received for any road, bridge, waterway, rail, and air project within the preceding 10 years. Towns rarely (if ever) prevail in these cases.
  • Florida DOT requires municipalities and counties to comply with all Federal requirements to be eligible to obtain state funding. If you violate the terms (grant assurances) associated with Federal funding, you also lose eligibility for, and may have to repay, all your state funding as well!

In short... you simply can NOT discriminate against ANY legitimate aeronautical use of an obligated public airport like Valkaria...period. End of story.

Don't They Know This Stuff?

Yes, the Town Council is fully aware that federal law makes their efforts invalid from the start! The local FAA FSDO even sent them a letter to that effect in January after their last such attempt, advising them of all this stuff.

YET... this is the second time just this year that the Grant-Valkaria town council has claimed that federal law doesn't apply to them!

What Happens Next?

As Grant-Valkaria doesn't own the airport, the FAA won't act directly against them (at this point). The FAA does however demand that the airport's sponsor/owners (The Brevard County Board of County Commissioners) actively fight all unlawful restrictions enacted by the town, which they will do... in court or otherwise. Commission chairman Chuck Nelson is the only anti-aviation board member, so it shouldn't be a problem.

There is NO chance that the town will prevail.

Then Why Are They Doing This?

The town council's real aim is to scare / hassle all the users of the airport into leaving, regardless of the enforceability of this ordinance (yeah, right!)

Sadly, Grant-Valkaria's Council is so obsessed with harming X59 that they have completely rejected the desires of the town's citizens, the vast majority of whom are pro-airport.

What Does The Town Risk By Doing This?

Recently, a very similar situation in Santa Monica, CA resulted in the city being sued by the US DOT after they pursued a very similar string of ongoing, willfull, discriminatory activities and ordinances intended to restrict aeronautical activities there. The feds demanded full and immediate repayment of ALL of the transportation-related grants they had received -- roads, waterways, bridges, railroads, and airports -- and sought to exclude them from further eligibility for more grants. This would have bankrupted the city! Santa Monica had little choice but to back down, as will Grant-Valkaria.

Grant-Valkaria Town Council's actions seem to betray a burning, obsessive desire to harass local aviators at all costs... so it seems strangely likely they might actually carry an unwinnable fight with the feds to the point of actually bankrupting the town!

What Can Grant-Valkaria Citizens Do?

First off, TELL THEM you DO NOT support this ordinance! Indicate your desire not to embroil the town in an expensive, unwinnable legal morass that will be paid for by ALL citizens, whether they're for or against the airport.

A Little Light Reading...

Below is the full text of the proposed ordinances, as well as the three meeting agendas.


ORDINANCE NO. 2009-03

AN ORDINANCE OF THE TOWN OF GRANT-VALKARIA BREVARD COUNTY, FLORIDA; AMENDING SECTION 62-1572 OF THE TOWN LAND DEVELOPMENT REGULATIONS AS ADOPTED BY THE TOWN IN THE TOWN'S CHARTER; PROVIDING FOR LIMITATIONS ON ACTIVITIES CONDUCTED AT AIRPORTS LOCATED IN THE GML ZONING DISTRICT; PROHIBITING FLIGHT TRAINING/INSTRUCTION SCHOOLS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WITNESSETH:

WHEREAS, the Town's Charter provides, in part, that "...all codes and ordinances... of Brevard County in effect on the day of adoption of this Charter shall... remain in force and effect as municipal codes, ordinances... of the town; and

WHEREAS, at the time of adoption of the Town's Charter, Section 62-1572, Government Managed Lands, GML, was and continues to be in effect in the Town; and

WHEREAS, certain activities that have occurred in connection with lands currently zoned GML in the Town has caused disruption to the quality of life for the citizens and surrounding neighborhoods near such lands; and

WHEREAS, the Town continues to receive complaints form its citizens concerning activity at the Valkaria Airport; and

WHEREAS, the Town Council desires to maintain a GML zoning district; however, the Town desires to limit the authorized uses in the GML zoning district; and

WHEREAS, the limitation of uses in the GML zoning district will improve the quality of life of the general public as well as the neighborhoods immediately surrounding GML zoned land; improve safety of the residents of the Town; and otherwise provide for the comfort, well being of the citizens of the Town; and

WHEREAS, the Town Council in providing for the health, safety and welfare of its citizens finds that the Town should limit activities that occur in the GML zoning district.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA, AS FOLLOWS:

SECTION 1. In accordance with the Charter of the Town of Grant-Valkaria the Town Council hereby amends and modifies Section 62-1572 Chapter 62 of the Land Development Regulations as adopted by the Town in effect on the date of the adoption of the Town's Charter to read as follows:

SECTION 2. Section 62-1572 (3), Conditional Uses, is hereby amended by adding a new subsection (A) to read as follows:

"(A). Additional limitations for Airports and aviation related activities.

  1. No flight training/instruction or flight training/instruction schools shall be allowed to be operated from or in the GML zoning district;
  2. No aircraft based at any airport located in the GML zoning district shall be used for flight training;
  3. For purposes herein the term flight training/instruction shall mean the giving or receiving of instruction in learning to pilot an aircraft or for recurrent training.
  4. For purposes herein the term flight training/instruction school shall mean any person firm, corporation or other entity that provides flight training/instruction."

SECTION 3. Severability.
In the event a court of competent jurisdiction shall hold or determine any or part of this ordinance invalid or unconstitutional, the remainder of this ordinance shall not be affected.

SECTION 4. Effective Date.
This ordinance shall take effect in accordance with the Town Charter.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF GRANT-VALKARIA, BREVARD COUNTY, FLORIDA, ON THIS ____ DAY OF ___________, 2009.

______________________________
Del Yonts, Mayor

ATTEST:
___________________________
Susanne Krueger, Town Clerk

Planning and Zoning Board Public Hearing: June 1, 2009
Town Council Public Hearing/First Reading: June 1, 2009
Town Council Public Hearing/Second Reading: June 11, 2009


Town of Grant-Valkaria

SPECIAL PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
MEETING AGENDA

MONDAY, JUNE 1, 2009 AT 7:00 P.M

TOWN HALL BUILDING, 5120 HIGHWAY US1, GRANT VALKARIA, FLORIDA 32949

A. CALL TO ORDER (Whitehouse)

B. PLEDGE OF ALLEGIANCE

C. ROLL CALL

    Don Whitehouse-Chairperson
    Dan Robino, Vice Chairperson
    Denni Burr
    Christine King
    John Mafera
    Bob Thiem
    Allen Webb
    Ron Jenkin (Alternate 1)
    David VanAsdale (Alternate 2)

D. PUBLIC HEARING - ORDINANCE NO. 2009-03- (Planning and Zoning Board/Local Planning Agency Action)

An Ordinance Of The Town Of Grant-Valkaria Brevard County, Florida; Amending Section 62-1572 Of TheTown Land Development Regulations As Adopted By The Town In The Town's Charter; Providing For Limitations On Activities Conducted At Airports Located In The GML Zoning District; Prohibiting Flight Training/Instruction Schools; Providing For Severability; Providing An Effective Date.

E. ADJOURN

Any person desiring to appeal any decision made by the Town, with respect to anymatter considered at this meeting or hearing,will need a record of the proceedings for such purposes, must insure that a verbatim record and transcript of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. It shall be the responsibility of the person desiring to appeal any decision to prepare a verbatim record and transcript at his/her expense, as the Town does not provide one. ATTN: PERSONS WITH DISABILITIES. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations to participate in this proceedings shall, at least forty-eight (48)hours prior to the meeting, contact the Town Clerk at (321) 951-1380.


Town of Grant-Valkaria

SPECIAL TOWN COUNCIL MEETING AGENDA

Monday, June 1, 2009 at 7:30 p.m. or as soon as possible after the Planning and Zoning Board /Local Planning Agency meeting held Monday, June 1, 2009 at 7:00 p.m.

Town Hall Building, 5120 Highway US1, Grant Valkaria, Florida 32949

A. CALL TO ORDER (Yonts)

B. PLEDGE OF ALLEGIANCE

C. ROLL CALL

    Mayor - Del Yonts
    Seat No. 1 - Joe Hackford
    Seat No. 2 - Lisette Kolar
    Seat No. 3 - Pat Bryan
    Seat No. 4 - Jason Mahaney
    Seat No. 5 - Dan Faden
    Seat No. 6 - Cathy DeMott

D. PUBLIC HEARING - ORDINANCE NO. 2009-03 (Council Action)

An Ordinance Of The Town Of Grant-Valkaria Brevard County, Florida; Amending Section 62-1572 Of The Town Land Development Regulations As Adopted By The Town In The Town's Charter; Providing For Limitations On Activities Conducted At Airports Located In The GML Zoning District; Prohibiting Flight Training/Instruction Schools; Providing For Severability; Providing An Effective Date.

E. ADJOURN

Any person desiring to appeal any decision made by the Town, with respect to any matter considered at this meeting or hearing, will need a record of the proceedings for such purposes, must insure that a verbatim record and transcript of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. It shall be the responsibility of the person desiring to appeal any decision to prepare a verbatim record and transcript at his/her expense, as the Town does not provide one. ATTN: PERSONS WITH DISABILITIES. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations to participate in this proceedings shall, at least forty-eight (48) hours prior to the meeting, contact the Town Clerk at (321) 951-1380.


Town of Grant-Valkaria

LOCAL PLANNING AGENCY AGENDA

Monday, June 1, 2009 at 7:45 p.m. or as soon as practical thereafter Town Hall Building, 5120 Highway U.S. 1, Grant, FL 32949-2003

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. ROLL CALL

    Don Whitehouse - Chairperson
    Dan Robino, Vice Chairperson
    Denni Burr
    Christine King
    John Mafera
    Bob Thiem
    Allen Webb
    Ron Jenkin (Alternate 1)
    David VanAsdale (Alternate 2)

D. CHANGES TO AGENDA

E. APPROVAL OF MINUTES

    1) Local Planning Agency Meeting Minutes of May 4, 2009

F. UNFINISHED BUSINESS

    1) Continued Discussion of Land Development Regulations a. Starting at Section 62-1917.5 - Change Of Non-Conforming Agriculture Use

G. NEW BUSINESS

    None

H. PUBLIC COMMENT

Speakers wishing to provide public comment on non-agenda items should follow the LPA's public speaking procedures in which each speaker completes a speaker card with name and subject and provides the card to the Clerk. Speaker cards will be passed to the LPA Chair who will call each identified public comment speaker during this part of the agenda.

I. ADJOURNMENT

Any person desiring to appeal any decision made by this Board, with respect to any matter considered at this meeting or hearing, will need a record of the proceedings for such purposes, must insure that a verbatim record and transcript of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. It shall be the responsibility of the person desiring to appeal any decision to prepare a verbatim record and transcript at his/her expense, as the Town does not provide one.

ATTN: PERSONS WITH DISABILITIES. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations to participate in this proceeding shall, at least forty-eight (48) hours prior to the meeting, contact the Town Clerk at 951-1380.

5120 Highway U.S. 1
Grant, FL 32949-2003
Phone: 321-951-1380
Fax: 321-956-5660
Website: www.grantvalkaria.org


Click to open Main file:
  
This is the FAA's letter from January 2009, which was sent to Brevard County and CC:ed to FDOT and the town of Grant-Valkaria. It states very clearly that Grant-Valkaria is utterly lacking in standing and authority over the airport and aviation activities. (PDF file, 23 KB)  
Click to open Main file:
  
This is AOPA's letter to the town, sent on 5/29/2009. (PDF file, 291 KB)  
Click to open Main file:
  
This is NATA's letter to the town, sent on 5/29/2009. (PDF file, 135 KB)  

If you have any additions or corrections to this item, please let us know.
Spotlight An Aircraft - Go Directly To Jail!
Florida Airport Complainer Gets Off Easy
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Created: 05/11/2009
Updated: 05/11/2009
Link(s):  http://www.avweb.com/avwebflash/news/jet_sentenced_gros_navy_jacksonville_200349-1.html
 
Article by Glenn Pew / AvWeb.com
Originally posted on AvWeb.com, 5/9/2009:

JAIL FOR SPOTLIGHTING JETS

By Glenn Pew, Contributing Editor, Video Editor

May 9, 2009

According to his attorney, Henry Gros, 56, complained via phone to the Navy and city authorities and wrote a senator without effect, until one year ago he shined a spotlight at naval aircraft flying nighttime simulated carrier approaches to Jacksonville Naval Air Station. Gros says the idea was to collect identification markings off the aircraft as they flew 100 feet over the roof of his mobile home, according to The Florida Times-Union. The act succeeded in winning Gros some attention ... from Federal prosecutors and they, through a U.S. District Judge, managed to have Gros sentenced to one year and a day in prison. And so it is that Gros, who was arrested by Naval Criminal Investigative Service (NCIS) agents in September, now has until June 4 to report to prison. The appointment falls about four years after Gros moved to the area ... and about four years since he signed a disclosure stating that his property was close enough to the Navy's practice airfield that it would be affected by activity there, assistant U.S. attorney Jonathan McKay told the Times-Union.

Despite Gros' attorney's claims that his client's actions were intended to help him collect evidence about the jet flights, prosecutors believed Gros' intent was malicious. The act of shining spotlights at military pilot trainees even resulted in one practice session being called off.


At many times in the past, various members of our local "usual gang of idiots" who hate all aviation-minded citizens have indicated their intentions to do things like this to pilots using Valkaria Airport in order to drive them away or "report them". As this article shows, anyone who does something like this is not only jeopardizing people's lives, but has committed a federal felony, and their usual "citizen watchdog" BS excuses hold ZERO weight with the authorities! Be warned...


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Harry Ford Interred at Arlington National Cemetery
Photo album of 4/8/09 ceremony at Arlington
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Created: 04/15/2009
Updated: 04/15/2009
Link(s): N/A
 
Article by EAA 1288 Staff
Former chapter president, Tuskegee Airman, and all-around good guy Harry Ford who Flew West was interred at Arlington National Cemetary on April 8, 2009. Here is a photo album of the ceremony.


If you have any additions or corrections to this item, please let us know.
Gone West: Harry Ford, Former EAA 1288 President and Tuskegee Airman top
Created: 02/28/2009
Updated: 04/15/2009
Link(s): N/A
 
Article by Mike Whaley
We were very saddened to learn that Col. (Ret.) Harry E. Ford, Jr. passed away during the day on February 26th, 2009 after an illness. Harry (USAAF , USAAF Class 45-E-TE) was both a Charter member of and the second president of EAA Chapter 1288. He served two terms as Chapter president before moving to Alabama. He was also a Charter Member of the Chappie James, Jr. Chapter of Tuskegee Airmen International. Everyone who knew Harry knew that he was a true gentleman, humble despite his accomplishments, and one of those guys you won't ever forget and always wish you could have gotten to know better. The tradition of service that began with his military service as one of the famed Tuskegee Airmen was just a start. He certainly left the world a bit better off than when he found it, which is a legacy that will live on and on.

We extend our heartfelt condolences to Harry's family and many friends.

UPDATE 4/15/09: Harry was interred at Arlington National Cemetary on April 8, 2009. Here is a photo album of the ceremony.


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FAA Smacks Down Grant-Valkaria Town Council
FAA tells it like it is... but will they listen?
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Created: 01/13/2009
Updated: 06/02/2009
Link(s): N/A
UPDATE 5/29/2009: Here we go again! Grant-Valkaria Tries to Outlaw All Flight Training

Well, since the anti-airport vendetta of the Grant-Valkaria Council keeps resulting in them actually trying to outlaw aviation at Valkaria Airport, the FAA has taken the time to fire another warning shot over the bow of their sinking ship. While it's kind of funny that G-V doesn't even own the airport and still thinks thethy can regulate it out of existence, it's downright hilarious that the FAA's Mr. Blanco is the very same guy that the anti-aviation activists have recently trumpeted in public meetings as being "completely on their side". In fact, the only support he EVER gave them was actually answering the phone when it rang out of the blue and finding that an airport complainer was blathering on the other end!

Below is the full text of the FAA's letter (emphasis added by us). Also linked below is the original PDF of it as well as the ridiculous proposed ordinances that triggered it.

US Department of Transportation
Federal Aviation Administration
Orlando Airports District Office
5950 Hazeltine National Dr., Suite 400
Orlando, FL 32822-5003

Phone: (407) 812-6331
Fax: (407) 812-6978

January 13, 2009

Mr. Stephen Borowski
Director of Aviation
Brevard County
2865 Greenbrooke Street
Valkaria, FL 32950

Dear Mr. Borowski:

RE: DRAFT Ordinances regarding airport operations from the Town Council of the Town of Grant-Valkaria

Per your request, we have reviewed the DRAFT ordinances issued by the Town Council of the Town of Grant-Valkaria, January 2009. We understand these ordinances propose operating restrictions at the Valkaria Airport, a federally-obligated airport owned and operated by Brevard County.

Only the owner/operator of the airport has the right to enforce standards of operation at the airport. Any restrictions on airport operations must be approved by the Federal Aviation Administration (FAA.) The FAA utilizes operating restrictions in situations where certain operations were investigated and were deemed to impact the safety and/or utility of the airport. The FAA has not conducted a safety study at Valkaria Airport supporting the proposed operating restrictions of the Town of Grant-Valkaria.

Further, although the Town of Grant-Valkaria is within their right to pass local ordinances,
they are not within their right to enforce the ordinances at the Airport. They are not within their right to deny access to any aeronautical user; close the airport; designate preferential runway use; prohibit touch and goes; and prohibit aircraft run ups, among other things discussed in the ordinances. The Town of Grant-Valkaria has no authority to regulate air traffic.

The FAA expects Brevard County will strongly object to the draft ordinances. The FAA expects Brevard County will not allow the Town of Grant-Valkaria to enforce any ordinances such as these at Valkaria Airport, as this action would be inconsistent with your federal obligations.

If you have any questions regarding this matter, you can contact me at 407-812-6331, ext. 133.

Sincerely,

"Original Signed By"

Pedro J. Blanco
Program Manager

cc:
Morris Richardson, Assistant Brevard County Attorney
Jim Wikstrom, FDOT/5


Click to open Main file:
  
This is the original letter sent to Brevard County and CC:ed to FDOT and the town of Grant-Valkaria. (PDF file, 23 KB)  
Click to open Main file:
  
This is Grant-Valkaria's proposed anti-aviation ordinance. (MS Word Document, 89 KB)  

If you have any additions or corrections to this item, please let us know.
Valkaria Airport Sheds The Shackles: VAAB Dissolved!
Angry Commissioners Dissolve Valkaria Anti-Aviation Board
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Created: 08/29/2008
Updated: 08/29/2008
Link(s):  http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20080829/NEWS01/808290327/1006/news01
 
Article by Rick Neale - Florida Today
This article was originally posted by Florida Today

County dissolves airport board
Meetings filled with controversy

BY RICK NEALE
FLORIDA TODAY

August 29, 2008

Director honored

Last month, Valkaria Airport Director Steve Borowski was named Aviation Professional of the Year by the Florida Department of Transportation. Brevard County commissioners formally presented him the award during Thursday's VAAB debate.

After decades of divisive squabbling, the vociferous Valkaria Airport Advisory Board has been permanently grounded.

Thursday, the Brevard County Commission voted 3-2 to abolish the VAAB. A parade of speakers denounced the seven-member board as a breeding ground of anti-airport rancor and an obstacle to maintenance, management and the facility's 20-year master plan.

Commissioner Jackie Colon agreed, saying county employees were subjected to slanderous personal attacks for years during VAAB meetings.

"For this board to allow this to continue would be an injustice," Colon said. "It stops here. It stops right now. And we need to put an end to it today."

Commissioners Mary Bolin and Helen Voltz agreed. They said Grant-Valkaria and Malabar officials should handle relations between the airport and its surrounding community.

Chuck Nelson preferred to keep the board alive, saying Brevard's advisory boards -- though sometimes contentious -- serve a valuable watchdog function. Truman Scarborough also voted against abolishment; he preferred to suspend the board until the new commission is seated in November.

Joe Griffin, Sebastian Municipal Airport director, called the board "the repository for the antagonists of the airport." VAAB member Frank Gallagher -- who wants to dissolve the group -- said the organization has "a 20-year history of failure."

Likewise, Russell Minton, a 10-year VAAB member, said the group opposed runway repaving -- even when chunks of loose pavement were flying into propellers -- because the project was perceived as pro-growth.

"It is especially counterproductive for a board to have members who object to the mission of the airport -- to fly aircraft," quipped Jill Liles, secretary of the Melbourne Area Pilots Association.

However, Grant-Valkaria Mayor Del Yonts said the VAAB serves as a valuable conduit between residents and the airport, though some recent meetings were conducted in a dysfunctional manner. He said town council members do not know what is happening at the airport, sometimes receiving third-hand information.

Another VAAB supporter was Malabar resident Bernadette Knudson, who said the board is one of the few venues where residents' voices can be heard on airport issues. She said planes fly over her house and pastures -- including a helicopter that spooked her steer.

Knudson said she hopes the airport remains a small recreational facility, and she opposes helicopters and flight schools.

Trudie Infantini, who won Tuesday's Republican primary in the commission District 3 race, said she felt "embarrassed and powerless" while attending the July VAAB meeting. She said the panel accomplished nothing in three hours -- except heap abuse upon Airport Director Steve Borowski.

Known for rancorous debate, the VAAB was booted from the Palm Bay Public Library last fall after a particularly noisy meeting.

Palm Bay City Councilman Milo Zonka chaired that library meeting, which he called "one of the worst nights of my life." He pledged to resign from the VAAB from the podium Thursday, and he said pilots, residents and those who want to shutter Valkaria Airport have bickered for decades -- and will continue to do so.

Contact Neale at 242-3638 or rneale@floridatoday.com


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EAA 1288 Member Steve Borowski: FDOT 2008 Aviation Professional of the Year!
Selected From Staff of 133 Florida Airports
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Created: 08/13/2008
Updated: 08/15/2008
Link(s): N/A
 
Article by EAA 1288
EAA 1288 Member Steve Borowski: FDOT 2008 Aviation Professional of the Year!

EAA 1288 is proud to announce that chapter member Steve Borowski, who is the manager of Valkaria Airport, has been chosen as the Florida Department of Transportation's 2008 Aviation Professional Of the Year! This prestigious award recognizes excellence amongst the many folks involved in running Florida's 133 public-use airports. FDOT Secretary Kopelousos made the selection and Bill Ashbaker, State Aviation Manager, presented the award at the receent 2008 Florida Airports Council Conference in Palm Beach.

Steve has been one of the prime supporters of, and a driving force behind, the current renewal of Valkaria Airport and it's aviation community. This includes such vital efforts as the Valkaria Airport Master Plan, the Valkaria Air Fest, and the long-overdue restoration of proper maintenance to the field. Steve has played an integral role in helping to reinvogorate the entire aviation community along the Space Coast in recent years. When he's not running the airport or spending time with his family, Steve finds time to fly in his Kolb Kolbra LSA and participate an active member of EAA Chapter 1288.

Despite ongoing, vicious slanders, lies, threats, and personal attacks upon him by a handful of local anti-airport activists, Steve has persevered to bring Valkaria Airport out of the dark ages and under the thumb of those who want to destroy it, and give control of the field back to the citizens of Brevard County who own it. Just a few years ago, county, state and federal officials considered Valkaria Airport to be a "lost cause"... yet today, it is flourishing -- in no small part due to the efforts of Steve Borowski. We are very pleased that FDOT has fully recognized the extreme challenges that Steve has faced and overcome in accomplishing all that he has done!

Congratulations to Steve for an award that's very much deserved!

Here is the FDOT Press Release:

2008 Aviation Professional of the Year Award
Florida Department of Transportation
July 23, 2008

The Florida Department of Transportation honored Stephen Borowski, manager of Valkaria Airport, with the Aviation Professional of the Year award today. Each year, the department presents the award to an aviation professional who has achieved outstanding airport management accomplishments and contributions to the Florida aviation community.

Valkaria Airport has been at the center of sharp debate among aviation stakeholders and local residents for many, many years. During that time, the airport facilities deteriorated and the focus on providing services to the aviation community was lost. Since Mr. Borowski's arrival as airport manager, he has accomplished what many thought was impossible. He rallied support of local airport tenants and users, defused misinformation, established a plan for the airport's development with unprecedented community involvement, and worked with the FDOT and FAA to initiate projects in the plan. He made Valkaria Airport a community destination, while giving of himself to train young student interns to be future aviation professionals.

While community opposition still remains, many in the community have developed a better understanding of the airport and its role as well as the limits of its true impact on the surrounding community.

Related Article


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Steve, his son Matthew, and wife Kamila psoe on the Valkaria Airport float in the December 2007 Melbourne Light Parade.  

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Great News! VAAB Likely To Be Abolished Soon!
Aug. 28th Commission Meeting to Discuss VAAB's Fate... Your Help Needed NOW!
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Created: 08/12/2008
Updated: 08/26/2008
Link(s): N/A
 
Article by EAA 1288
MEETING TIME CHANGE!
Due to Tropical Storm Fay, the Commission meeting has been rescheduled. The VAAB discussion will now be at 9:00 AM (time certain) on Thursday, August 28 at the County Commision meeting room in Viera. Valkaria Airport manager Steve Borowski is scheduled to be recognized as the FDOT Aviation Professional of the Year at 1:00 PM at the same meeting.

The Valkaria Airport Advisory Board, which has become the bane of aviation interests and citizens throughout South Brevard, has finally come to the attention of the Brevard County Commission who is looking increasingly likely to abolish it. The VAAB, which is charged only with recommendations to the Brevard County Commission and has no power to actually DO anything on it's own, now has a majority of members that are vehemently anti-airport and who have gone to great lengths to undermine any progress or updates at the airport, including safety and basic maintenance upgrades. What's far worse, VAAB meetings now are essentially little more than an open venue for a few people (some of whom sit on the VAAB itself) to continually slander, lie about, harass, physically and verbally threaten, belittle, and otherwise abuse county staff, airport employees, pilots, other members of the board, and various others. Their behavior would certainly get them ejected, banned, arrested, and very likely sued if they were to act that way in any other venue! Now that the Airport Master Plan has been approved, there is no need for the VAAB and it is in fact constituting a major impediment to the proper operation of Valkaria Airport.

The sound files below are from the Brevard Commission meeting of Aug. 5, 2008. The VAAB issues and the non-stop abuse of county employees was brought up by several citizens during the public comments portion of the meeting, and the Commissioners decided to put it on their agenda for the August 19th 28th meeting.

WHAT YOU CAN DO

If you're as sick and tired of the VAAB debacle as we are, you can help! Here are four ways to help end this sad, ongoing problem:

  1. CALL The County Commissioners NOW! Please take the time to make a phone call to the County Commissioners, starting with the one for your district.

    Please stress your disapproval of how some VAAB members as well as members of the public use every VAAB meeting as a venue to slander, harass, and abuse county staffers including the airport manager, county legal staff, the administrative assistant, and members of the public, generally with no intervention at all from the board Chairman.

    Also, tell them that you want them to finally show LEADERSHIP and SOLVE the problem, not try yet another attempt to "fix" it or to "suspend" it and avoid the issue. Let them know that the only proper course of action is to ABOLISH the VAAB and let the Airport Manager operate Valkaria Airport according to the Master Plan. Tell them that you expect them to give their FULL SUPPORT to the airport staff in implementing the Master Plan, and to stop letting a tiny handful of people derail what is good for and desired by the entire community!

    Here are the phone numbers for the Commissioners:

    D1 - Truman Scarborough - (321) 264-6750
    D2 - Chuck Nelson - (321) 455-1334
    D3 - Helen Voltz - (321) 952-6300
    D4 - Mary Bolin - (321) 633-2044
    D5 - Jackie Colon - (321) 253-6620

  2. Email The County Commission: After you make the phone calls, please take a few moments to email the Commissioners about the VAAB and re-iterate the points you made in the phone call.

    Here are the email addresses for the Brevard County Commissioners and selected county staffers.

    CLICK HERE to open a new email message to the County Commissioners.

    OR - you can copy and paste the following text right into the To: field of your email program.

    Truman.scarborough@brevardcounty.us; Chuck.nelson@brevardcounty.us; Helen.voltz@brevardcounty.us; Mary.bolin@brevardcounty.us; Jackie.colon@brevardcounty.us; peggy.busacca@brevardcounty.us; steve.borowski@brevardcounty.us; morris.richardson@brevardcounty.us; info@eaa1288.org;

  3. Attend and Speak at the Commission Meeting: The meeting will be Tuesday, August 19, 2008, Thursday, August 28, 2008 starting at 9:00 AM (TIME-CERTAIN... don't be late!) at the government center in Viera. You can view the Agenda Report below.
  4. Spread the Word: Tell your friends about this valuable chance to take away one of the tools that anti-airport activists have created to help them destroy Valkaria Airport and those associated with it, harming all Brevard citizens in the process. Ask them to send their own messages and speak at the meeting as well!

Listen to The August 5th Commission Meeting:

Below are sound files (MP3 format) of the August 5, 2008 Brevard Commission meeting where this came up for discussion in response to public comments. Included are both the public comments and the ensuing board discussion. The Agenda Report below contains a verbatim transcript of the Commissioner's comments (but not the Public's comments).


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Brevard County Commission Meeting (8/5/2008) - Public Comments - Part 1
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Brevard County Commission Meeting (8/5/2008) - Public Comments - Part 2
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Brevard County Commission Meeting (8/5/2008) - Board Discussion
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Excerpt - Helen Voltz tells it like it is!
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Helen Voltz corners Chuck Nelson concerning some differences between Merritt Island Airport and Valkaria Airport. (Note, Mr. Nelson was incorrect when he said that Valkaria was not operational for a time... though it had a period of severe neglect due to the same folks now on the VAAB, it has been continuously operational as a public airport since at least 1959.)
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Agenda Report for the August 19th (rescheduled to the 28th) Commission Meeting - this is the report sent by County staff to each Commissioner to provide them with the relevant background information. Includes the ordinance defining the VAAB and the transcript from the last Commission meeting where the Commissioners discussed the issue.
171 KB Acrobat file (PDF format)
 
   

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Curt and Janis: Their Greatest Hits!
Hear what all the controversy is about!
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Created: 08/06/2008
Updated: 08/07/2008
Link(s): N/A
 
Article by EAA 1288
With all the interest in dissolving the Valkaria Airport Advisory Board due largely to the ongoing slander, lies, threats, and other abuses that pervade every VAAB meeting, we felt it would be educational to provide some samples of just why that action would even be necessary. Anyone who's ever been to a VAAB meeting, many Brevard County Commission meetings, or Grant-Valkaria Town Council meetings will be familiar with Curt Lorenc and his partner Janis Walters, and their trademarked yet tired old schtick of distorted facts, outright lies, fear-mongering, slandering individuals, threats, fraudulent complaints for the purpose of harassment, blizzards of harassing FOIA requests, and a unique form of histrionics over the tiniest of issues that are truly worthy of an Oscar in the category of "Best Performance by Someone Living on Some Other Very Unhappy Planet". For those lucky enough to have never experienced "The Curt and Janis Show" first-hand, we figured there would be no better way to demonstrate the true colors of these ringleaders of the anti-airport, anti-citizen, anti-government, anti-everything movement than by letting you hear them speak in their own words.

Listen to them and then decide how much they really "represent the citizens" and how "expert" they really are about aviation and other matters. Are these the folks you want making decisions about ANYTHING, let alone their non-stop efforts and burning desire to destroy Valkaria Airport and everyone associated with it? They seek to throw out everything in the 2007 Airport Master Plan which hundreds of citizens contributed to over 15 meetings and 18 months of work, yet when it's temporarily convenient they accuse others for not following the very same Master Plan they so hate. And apparently, they don't even think anyone else is smart enough to catch on to them. "Arrogant" and "selfish" doesn't even begin to describe it all, does it?


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The latest round of "fun" begins as Commissioner Chuck Nelson shocks everyone by announcing his surprise appointment of Janis Walters to the VAAB during a Planning & Zoning workshop, and Commissioner Helen Voltz responds by saying exactly what every sane person on Earth was thinking about his exceedingly poor choice. Sadly, Helen's prediction of what Janis would do to the VAAB was quickly proved to be completely accurate. (Brev. Comm. Mtg. 2/7/2008)
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Commissioner Nelson states for the record how great he thinks Janis will do and how she assured him it "wouldn't be personal". Someone needs a serious reality check! (Brev. Comm. Mtg. 2/7/2008)
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Here, Janis' live-in partner Curt Lorenc manages to take three facts... the BOCC asked questions (which Steve satisfactorily answered), that Milo Zonka isn't an accountant - in fact, Milo is a Certified Financial Planner who owns his own successful financial planning business, and has a degree in aviation management to boot... but technically, is not an "accountant"... and the $150K from the FAA was NEVER portrayed as *THE* source of funding, only one which had NEVER been applied for due to the LACK OF A VALID MASTER PLAN to allow us to receive it! The Board knew then, full well, that the FAA money was dependent upon bringing the airport up to minimum standards, which required the completion of said Master Plan. This gross distortion of tiny bits of truth, skillfully twisted into something completely opposed to the reality of the situation, amounts to yet another typical example of the PACK OF LIES that are the hallmark of public statements coming from Curt Lorenc and Janis Walters! (Brev. Comm. Mtg. 4/22/2008)
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Here, Curt Lorenc tells various lies about the airport, then starts to slander Airport Manager Steve Borowski with more outright lies, before Commissioner Helen Voltz rightly cuts him off. Commissioner Mary Bolin sighs in disgust at yet more of his never-ending lies. It would seem that only Mr. Nelson gives Curt and Janis' opinions any weight whatsoever! (Brev. Comm. Mtg. 4/22/2008)
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After Curt claims that "his investigation" showed only 8 hangar tenants with insurance and most don't even have leases, Commissioner Voltz tells what is REALLY going on... which is VERY different than anything Curt claimed! (Brev. Comm. Mtg. 4/22/2008)
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At a VAAB meeting, Janis tries her best to derail the new lease to the Mosquito Control facility at Valkaria Airport with one of her many, many downright stupid arguments (showing just how stupid she really thinks everyone else is...) Her intent was to ensure that the airport would get as little money as possible, by pushing for BCMC to pay as close to nothing as possible rather than the fair market value demanded by the FAA. There's nothing at all unusual about either her or Curt telling such obviously outrageous and easily refuted lies as the Mosquito Control leased property being "not accessible by public road". By her logic, the entire airport is inaccessible, because there are some "No Trespassing" signs posted in front of the woods around the perimeter along Valkaria Road! Feel free to go drive up to Mosquito Control's gate and add up the miles and miles of private property you have to trespass through to get there. If you find any, check that you went to the right airport! (VAAB Mtg. 5/20/2008)
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Earth to Janis...when are you going to realize that WE ALL KNOW that YOU KNOW that there is no such FAA term as a "recreational only airport"? Or that the "ordinances" against "commercial activities" have not only been known for YEARS to be completely invalid due to their conflict with Federal Law and FAA policies, and are only still on the books because the Commission simply hasn't gotten around to wasting time on removing them... but that they will ALWAYS be 100% invalid no matter how much you wish they were legal and pretend that they must be followed?

The fact is that these issues have been explained and discussed at virtually every VAAB and Master Plan meeting during the past 3 or more years. That Mr. Zonka and Dr. Minton have to point this out yet again only indicates Janis' complete inability to accept anything that conflicts with her warped view of reality, which is clearly defined only by her all-consuming, obsessive, hatred-driven desire to close Valkaria Airport. Even when it's a matter of the same very basic, simple facts that have been discussed at great lengths and explained to her (using very simple, small words) many dozens or perhaps even hundreds of times before, she and Curt never give up on this. (I will admit that they do possess great persistence, even if they are utterly lacking in any other positive personality traits whatsoever.) If she really "represents the citizens" as she and Chuck Nelson claim, then we're all doomed for sure! (VAAB Mtg. 5/20/2008)
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Curt whines that the new Mosquito Control lease was negotiated "behind the scenes". Maybe so... Steve picked up the phone, called the director of Mosquito Control, and they had a nice chat with the proposed lease in front of them and came to an agreement on the terms that both parties were happy with. Oh, the horror! How dare government employees get a simple business task done efficiently! And to not call up Curt personally and invite him in to give his personal stamp of approval!

Curt went absolutely nuts that this normal, completely above-board event wasn't publicly advertised in advance, that it was not a "public meeting" and that he wasn't invited to take part! Immediately after the VAAB meeting adjourned, Curt, in the most rude manner he could muster up, demanded that he be delivered a transcript of this "illegal meeting" from assistant county attorney Morris Richardson. (Morris told him to submit a written FOIA request so he could officially tell him there were no such notes because it was done in the normal conduct of business by two non-elected employees.) (VAAB Mtg. 5/20/2008)
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Wildfires Singe Valkaria Airport
Planes and Hangars OK, Some Buildings Damaged
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Created: 05/13/2008
Updated: 05/14/2008
Link(s): N/A
 
Article by Mike Whaley
NOTE: Corrected/updated report as of 5/14/2008

As of Tuesday, May 13, 2008, emergency crews have been staging at Valkaria Airport to deal with the massive brush fires burning throughout Malabar, Grant-Valkaria, and Palm Bay. Governor Charlie Crist just toured the area and has declared southern Brevard County a disaster area. The airport itself did suffer some damage, but it could be much worse. The fire that went through on Monday, May 12 burned through the wooded area towards the approach end of runway 14, burned up to the corner of the scrub area near the "T" in Greenbrooke St., and burned some of the grass near the office trailer (the office was fine, contrary to initial reports). I believe there was minor damage to the Mosquito Control facilities, but haven't yet confirmed that... they clearly weren't destroyed. Perhaps most importantly, the T-hangars and aircraft were OK. Tuesday evening, a flare-up occurred in the woods east of the intersection of runways 32 and 28, which was responded to by a Forest Service Huey with a "bambi bucket".

A TFR has been placed over much of Palm Bay, Malabar, and Grant-Valkaria up to 3000 feet AGL to provide a safe environment for firefighting aircraft including helicopters, fixed-wing spotters, and air tankers. Please avoid the area until the scene is cleared and the TFR is lifted. If in doubt, contact ATC while you're still well clear of the area.

Should there be further fire threats to X59, we will bring you news ASAP.


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Gone West: EAA 1288 Member William Kirk
Memorial to be held Dec. 27, 2007
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Created: 12/26/2007
Updated: 12/26/2007
Link(s):  http://www.brownliemaxwell.com/  http://www.legacy.com/floridatoday/Obituaries.asp?Page=Lifestory&PersonId=100086625
 
Article by EAA 1288 Staff
We are sad to have to report that EAA 1288 member Bill Kirk passed away shortly before Christmas. We would like to offer our condolences to Bill's family and many friends. Fair winds and CAVU skies, Bill...

WILLIAM W. KIRK
MELBOURNE BEACH

William W. Kirk, 60, a chef at the Salvation Army in Melbourne, died Friday, December 21, 2007. He was born in NY, NY and came to Brevard County in 2001 from Long Island, NY. William enjoyed flying and was currently building his own airplane [a Minicoupe]. For 30 years he was a friend of Bill W. In the past he played the trumpet in the Melbourne Municipal Band. He is survived by his sister, Carol Wright and two brothers, Pat and Glenn. He was predeceased by his parents, Arthur and Marie Kirk. A memorial service will be held Thursday, December 27th at 2:30 p.m. at the Melbourne Salvation Army Chapel. Donations may be considered to the Salvation Army, 1080 S. Hickory St., Melbourne, FL 32940. Brownlie-Maxwell Funeral Home is serving the family.

If you knew Bill, please sign the guestbook as well.


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Melbourne Light Parade Photos
EAA 1288 / Valkaria Airport Float - Dec. 8, 2007 - Melbourne, FL
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Created: 12/11/2007
Updated: 12/13/2007
Link(s): N/A
 
Article by Mike Whaley
We had a GREAT time at the Melbourne Light Parade on December 8th! We had Linn Walter's Pitts Special, Paul Goetsch's hot-air balloon basket, and lots of folks in flight suits. Paul's balloon burner saw heavy use, and it was a real hit with almost everyone (a few kids weren't quite sure what to think about it!) Special thanks to Lee's Towing of Melbourne for providing the flatbed vehicle and truck, and to the staff of the Melbourne Airport for providing a setup area and other valuable assistance.

Now for the good stuff... photos! (Click the thumbnails to see the large versions)


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The Borowski family gets ready for the show.  
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The Rotgers clan had a great time!  
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Thanks to Lee's Towing for the generous donation of their truck and trailer!  
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Loaded up and ready to go!  
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Pilots, pilots everywhere!  
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Most aerobatic planes don't have lights... this one makes up for it. (This photo was selected as the AvWeb Picture of the Week on 12/13/2007!)  
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Lots and lots 'o lights...  
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The kids really loved to see a real, live airplane.  
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Evan Goetsch does a great job directing attention to the important stuff! He's scheduled to command a Space Shuttle flight in 2017.  
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Paul Goetsch put on the period garb to test the burner.  
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Everyone was having a bunch of fun!  
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The burner was the hit of the show. We forgot to bring the marshmallows and hot dogs, though!  
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John, Steve, Linn, and Leroy walked/ran/crawled virtually the entire route, handing out candy and Valkaria Air Fest flyers.  
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Wheee!!  
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Another view of the rear part of the float.  
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The crowds were very enthusiastic! Can you find LeRoy handing out candy and flyers?  
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The weather was about 78 degrees... not exactly "Christmas-y" unless you're from Australia...  
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Paul takes great delight in watching the excited reaction the balloon gets every time he blasted the burner. Whoooooosh!  
   

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Congratulations to Steve Borowski!
EAA 1288 Member receives Brevard County Outstanding Leadership and Vision Award
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Created: 11/26/2007
Updated: 12/02/2007
Link(s): N/A
 
Article by EAA 1288 Staff
We would like to congratulate EAA Chapter 1288 member, Valkaria Airport's Manager, and the Brevard County Director of Aviation Steve Borowski for recently being recognized by the Brevard County Commission for his excellent management efforts at Valkaria Airport.

The "Outstanding Leadership and Vision" Award was presented with the unanimous consent of the Board of County Commissioners on November 13, 2007 by Commission District Three representative Helen Voltz.

Here is the text of the award as presented by Commissioner Voltz:

Steve recieves his award from Commissioner Helen Voltz Brevard County is blessed with many good directors leading a variety of departments from roads to transportation engineering to social services. Each has their own unique role in the scope of the daily operation of Brevard County government. One is no more important than the other, yet some are noticed more than others. Most directors are located at the Government Center in Viera with a staff of many individuals who work together to fulfill the departmental mission.

There is one director however, who is uniquely positioned in the role of leadership. This individual is charged with the operation of an Enterprise fund that requires the energy and vision of an entrepreneur. The operation itself requires hands-on technical expertise and the willingness to assist with many daily tasks from answering the phone to mowing the grass. Yet for planning and implementation of a fiscally sound operation, this leader must also possess the sound business judgment of a Chief Executive Officer. In other words, this leader must be resourceful, capable, and competent while dealing with a myriad of personalities and individuals.

Steve Borowski, General Manager of Valkaria Airport is the Director that I would like to recognize today. Throughout the past two years he has demonstrated great determination in the face of much adversity. While facing the divisive issue of an updated Master Plan for Valkaria Airport, which had been avoided for many years, this leader was able to assist the Brevard County Board of County Commissioners in developing the "political will" to do the right thing. His persistence in the face of adversity should be an example to us all. His demonstration of leadership and vision are commendable.

The end result of his commitment is an updated Master Plan for Valkaria Airport that will provide safety solutions for both the tenants and the neighbors. This recognition is a demonstration of support for a Brevard County staffer who has remained loyal, determined and professional amidst unfounded personal attacks that would have caused some people to walk away from the challenge. Stephen Borowski, Director of Valkaria Airport did the right thing. And today we are all better as a result of his hard work and efforts.

We thank you Steve for a job well done.

We couldn't agree more!


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We are all travelers in the wilderness of this world, and the best we can find in our travels is an honest friend.
(Robert Louis Stevenson)
 

 
  The Experimental Aircraft Association General Daniel 'Chappie' James, Jr. Chapter 1288, Inc. is a non-profit 501(c)3 educational organization.