SPECIAL CALL VERO BEACH RECREATION COMMISSION MINUTES TUESDAY, APRIL 24, 2012 4:00 p.m. CITY HALL, COUNCIL CHAMBERS, VERO BEACH, FLORIDA PRESENT: Chairman, Richard Yemm; Vice Chairman Bobbie Burdick; Members: Greg Holtan, Lin Reading, and Alternate Member, Alexander Snodgress Also Present: Recreation Director, Rob Slezak; Assistant Recreation Director, Patty Howard; and Senior Administrative Assistant, Rita Hawkins Excused absence: Judy Jones 1. CALL TO ORDER The Chairman called the meeting to order at 4:00 p.m. and the Senior Administrative Assistant performed the roll call. Mr. Yemm announced that he asked the Vero Beach Radio Controlled Pilots Club to pull their presentation from today s meeting because the Recreation Commission does not have any guidelines yet to be able to make a recommendation on their behalf. The purpose of today s meeting is to discuss the new proposed Ordinance Section 54-54; powered model vehicles. 2. PUBLIC COMMENTS None 3. ITEMS FOR DISCUSSION: A) Recommendation to Council on the Proposed Ordinance: An Ordinance of the City of Vero Beach, Florida, amending the Code of the City of Vero Beach to Create a new Section 54-54, Powered Model Vehicles, in Chapter 54, Parks and Recreation of the Code of the City of Vero Beach, relating to the Operation of Powered Model Aircraft and other Vehicles in City Parks, Breaches, and Recreation Areas; providing for Conflict and Severability, Providing for an Effective Date. Mr. Craig Fletcher, Vice-Mayor, said that they have been struggling with the issue of disallowing or preventing people from flying model planes at City Parks. The decision to prevent someone from operating in the Park will be the decision of the City Council. It would be a policy statement that would be reflected in the Ordinance if the City Council passes it. If and when the ban on flying is established, as a City policy, the City Manager will come to the City Council and ask for permission to approve permits for these activities. The City Council can then establish a policy that the City Manager has the option of allowing someone to fly planes. The club or group will then meet with the City Manager with the required criteria like proof of insurance, the specific location, time, etc. that would be needed to allow them to fly. The Recreation Commission cannot stop anyone from flying and that would be a decision made by the City Council. He does not want the Commission to worry about allowing or disallowing flying, but to just give their opinion on the Ordinance that is before them. 1
Mr. Stan Molin, 345 Tamarind Place, said that he is the President of the Quiet Birds of Vero Beach, a model aircraft-flying club. Their group has been flying at Riverside Park in the overflow parking area for approximately 20 years. They have been operating responsibly and cooperatively with the City without any incidence. The City received a complaint about a gaspowered plane, but they should question the time the incident occurred because he has not seen a gas powered plain in the Park in the last three (3) years. He can see the need for an Ordinance to protect the City against lawsuits. He noticed that the new Ordinance also includes areas like the beaches and virtually all City public areas. He is asking that the City recognize the Quiet Birds of Vero Beach group and allow them to continue using the 6.7 acres at Riverside Park. Their group has proposed many strong changes to the administration of safety, hours for using the Park, and all pilots must have at least a 2.5 million dollar insurance policy to protect the City. Mr. Holtan asked how many planes fly at one time. Mr. Molin replied that there are usually no more than three (3). Ms. Reading commented that since their last meeting she did some homework on the topic. She has made it a point to go to Riverside Park to watch and observe them flying their planes. She said that they are a very respectful group of flyers. She stated that there were no pedestrians in the Park between 8:00 a.m. to 10:00 a.m. nor did she see anyone in the perimeter of the area where they were flying. She did not feel threatened by the planes and was very impressed. She had the opportunity to feel the weight of one of the planes and watch the safety guidelines the group follows. She feels it would be a shame if they were not allowed to fly, because other people were also enjoying watching them fly. Mr. David Williams, 3277 Arbor Oaks Lane, said that he has been flying model airplanes for over 60 years and he has never had an accident or any problems. He flies electric and rubber-powered planes. Parents bring their children to the Park to watch him fly his rubber-powered planes and they enjoy it. He is trying to get kids into the Academy of Modern Aeronautics (AMA), so they can learn about the construction and engineering of building model airplanes. Mr. Yemm stated that in the proposed Ordinance there is an exception for rubber-powered planes. Mr. Tom Chytil, 1412 26 th Avenue, said that he has been associated with model airplanes since he was 10 years old. He feels that a loan flyer has caused a problem and this Ordinance is going to affect the good guys. If an Ordinance is passed that bans all flying, it will be the good guys who abide by it and the lone flyer will continue to fly anytime that he feels it is convenient. He would be upset if it is passed without exception to allow their club to operate. They don t want have to beg the City Manager every time they want to fly. Most of their planes are light and are safe to fly in the Park. If there was any type of aircraft that they did not feel was safe for the area their group could change the restrictions based on weight, power, etc. He would like to see the Ordinance include that their model airplane club is approved by the City Manager. Mr. Jim O Connor, City Manager, said that he has no problem with the revisions to the Ordinance. The City Council is just looking for direction on whether the Recreation Commission agrees or disagrees with the Ordinance. The decision about granting permits rests on the shoulders of the City Council. Mr. Yemm said that the model airplane group wants some assurance that they will be heard. 2
Mr. O Connor explained that the application process would start with Mr. Slezak and the Recreation Commission. Once the City Manager s office receives the application with the Commission s recommendation he will get it on the first available City Council agenda. That way the applicant will have a hearing with both the Recreation Commission and the City Council. Mr. Fletcher added that once the Ordinance is on the City Council agenda the model plane flyers will have the opportunity to present their program or arguments to the City Council under public input. Mr. O Connor said that rules will apply to everyone and they cannot single out one (1) group. When the Ordinance first came about he was not aware of this group. Mr. Wayne Coment, City Attorney, said that at the end of Chapter 54 of the City Code, is Section 54-71 - Use Permit. He read Section 54-71 for the benefit of the Commission Members and the model airplane flyers (see attached). They can change the wording in the proposed Ordinance to read that no unauthorized person and take out the words unlawful. That way if a permit is issued then that person becomes authorized. Instead of banning the activity, the Commission could choose to regulate the activity, but they will have to come up with all the rules and regulations. The way the proposed Ordinance is written it makes it easy for the City Manager to issue a permit providing the individual or group has met all the requirements like having insurance, they have indemnified the City, etc. Mr. Yemm said that he believes they should outlaw internal combustion engines. Mr. Coment stated that the City Manager could limit what he approves to electric powered and not allow gas, alcohol, or fuel powered engines. Mrs. Burdick asked if the Ordinance is passed, will the fate of this group be solely in hands of the City Manager. Mr. Coment replied yes, unless he feels that something needs to go before the City Council. Ms. Reading said that with all the recreation that takes place does it make sense to start writing Ordinances for every little thing, like stunt kites, rollerblading, golfing, skate boarding, etc. Mr. Coment said that the only other option is to outlaw everything in the Parks. Parks are designated for public use and recreational activities, but when things like this come up that may not be safe then this is the legislative process they go through. Even though it is a public Park, it is City owned land and it will be the City Municipal Corporation and the taxpayers who would be funding any claims if something happens. They try to limit the exposure for the City and the taxpayers for things that may come up as well as protecting the public. The Recreation Commission can make any recommendation that they want and perhaps they would recommend that the City Council accept electric powered planes under a certain weight. Ms. Reading made it clear that she is disappointed that this Ordinance was drafted up because of one complaint. She said that before they start drafting Ordinances she would encourage the Commission and the City staff to go observe what is going on. 3
Mr. Coment stated that one of the fundamental reasons for Municipal Government is the protection of public safety. Many Ordinances are passed due to a reaction to something that has happened, or there is a recognized risk. At the very least this Ordinance creates a situation that allows these gentlemen to still fly under the auspices they have been given. Mrs. Burdick stated that she can see both sides of the coin and where the City could be liable. Mr. Coment said that the Ordinance is an enforcement tool to help lower the risk. The Police may be able to stop people who are not authorized and are being reckless. Mr. Snodgress asked if it is possible for this group to obtain permission before the Ordinance is enforced so they do not have to give up their flying. Mr. Coment stated that there will be a public hearing on the Ordinance at the May 15, 2012 City Council meeting. The City Council is looking for the Commission s feedback and recommendations. Mr. O Connor explained that they could make the effective date 90 days after the public hearing which would give them time to make sure that the public understands that a permit is required. Mr. Holtan asked if this Ordinance is only talking about model airplanes flying in Riverside Park. Mr. Yemm replied no. The Ordinance applies to model boats, any self-propelled air born, land born, or water born airplane, vehicle, or vessel. Mr. Coment added that it will apply to all Parks, beaches, and recreation areas. The application will require that the group apply for a specific location for the activity and the City Manager will have to consider all the facts when issuing the permit. Ms. Reading said that the more rules they make the more policing they have to do and it can get complicated. Mr. Coment said that officers are on patrol, so if they see something or if they get a complaint they will respond. With the Ordinance the Police can give a written warning, or issue a citation. Ms. Reading asked if the Ordinance is passed would they have to post signage in the Parks. Mr. Coment explained that everything is outlawed in the Parks unless the signs say you can do it. Mr. O Connor stated that an Ordinance helps the Police Officers by allowing them to take action if a permit was not applied for, or even recommend that the permit be revoked if they feel the activity is unsafe. Mrs. Burdick made a motion to recommend that the City Council adopt the new proposed Ordinance 54-54, but striking the words unlawful. They would like to urge the City Manager to give special consideration to this group (Quiet Birds of Vero Beach Model Aircraft Flying Club). Mr. Snodgress seconded the motion. Mr. Coment asked if they wanted to consider adding a time delay before it goes into effect. 4
Mrs. Burdick amended the motion to recommend adding a 90-day grace period before it goes into effect to allow people time to prepare an application. Mr. Snodgress seconded the motion. Mr. Yemm asked to consider adding a reference to Code Section 54-71 to the proposed Ordinance. Mrs. Burdick amended the motion further to recommend that the City Council includes a reference to Code Section 54-71 (use permit) in the new proposed Ordinance. Ms. Reading was concerned that they are speaking about a specific group and feels that the recommendation should include anyone who wants special dispensation. Mr. Snodgress said that the City is now forced to protect itself because of what happened. They have a liability and it has to be addressed. The Police Officers have discretion on the enforcement of Ordinances based on the nature of what is taking place. A roll call vote was taken and the motion passed 4-1 with Ms. Reading voting no. B) Vero Beach Radio Controlled Pilots Club to present a proposal to the Recreation Commission This item was pulled from the agenda by the Chairman. 4. ADJOURNMENT Today s meeting adjourned at 4:50 p.m. /rh 5