| 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. - No flight training/instruction or commercial flight training/instruction schools shall be allowed to be operated from or in the GML zoning district;
- 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)
- 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.
- For purposes herein the term flight training/instruction school shall mean any person firm, corporation or other entity that provides flight training/instruction.
- 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
- 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
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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.
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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. - No flight training/instruction or flight training/instruction schools shall be allowed to be operated from or in the GML zoning district;
- No aircraft based at any airport located in the GML zoning district shall be used for flight training;
- 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.
- 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
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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.
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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.
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| 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
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
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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)
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This is AOPA's letter to the town, sent on 5/29/2009. (PDF file, 291 KB)
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This is NATA's letter to the town, sent on 5/29/2009. (PDF file, 135 KB)
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