MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

May 26, 1998

The Board of County Commissioners of Brevard County, Florida, met in special session on May 26, 1998, at 5:35 p.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and Assistant County Attorney Katherine Harasz. Absent was: County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

Commissioner O?Brien recommended cutting off speaker cards at 6:00 p.m. Chairman Voltz recommended 7:00 p.m. as people may come to the meeting after work.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to cut off speaker cards at 6:30 p.m.

Commissioner Scarborough stated it may not be a problem at this time; however, the Board needs to decide if people will address all three items at once or at three different times. Chairman Voltz recommended each speaker be given 5 minutes for each item.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and Voltz voted nay.

Commissioner Cook recommended speakers be allowed to address all three items at one time rather than three separate times. Commissioner Higgs recommended people be given the same opportunity and asked if they want to address all three items at once.

Commissioner Cook advised he received a letter from East Central Florida Regional Planning Council and wants to make sure no dues are paid until the Summit and the Board decides what it will do as a Board.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to direct that no payments be made to East Central Florida Regional Planning Council until the Board decides what it will do after the June Summit. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 18, Brevard County Code, relating to Valkaria Airport rules and regulations.

Dr. Marcie Kinney advised of a letter she wrote with Theo Atkins laying out their points on the ordinance, and described their preferences in terms of increased penalties, denying the use of the Airport, enforcement of the rules, undomesticated animals, prohibiting touch and go and stop and go on Runway 9/27, and pilots expected to land on the preferred runway 14/32 unless crosswinds exceed 10.5 knots.

Johnnie Wimpee stated his support for the Valkaria Neighborhood Association?s (VNA) positions in the letters sent to the Board, as the rules they are requesting are only for safe behavior of pilots and aircraft which are no more than the FAA handbook requires.

Dewey Leidal stated the rules are important, and the airport manager should be responsible for enforcement of the rules as he is on the scene.

Janis Walters stated the ordinance deletes the advisory board and provides for one by resolution, but there is no resolution and the VAAB has not been officially dissolved. She mentioned the original rules for Valkaria Airport that were based on Kissimmee?s Airport rules and other airports; and noted the rules are vaguer and less stringent than all the other rules and enforcement is limited to the Sheriff?s Department which makes it unlikely. She disagreed with the low penalties; indicated the proposed rules were pared from the original document; and stated the airport manager said he is not an airport cop, made no effort to enforce existing rules, and has been exempt from enforcement duties in the proposed ordinance. Ms. Walters gave a scenario depicting the difficulty of the Sheriff?s Office issuing citations at the Airport; and requested restrictions on the use of Runway 9/27, traffic pattern at an altitude they can live with, and suitable operational hours. She advised of letters from the FAA relating to restrictions on Runway 9/27; and requested restrictions of Runway 9/27 to use only when crosswinds on the primary runway is 10.5 knots or higher, prohibit repetitive flight training on Runway 9/27, prohibit transitional landings on 14/32 from 4 p.m. to 9 a.m., empower the airport manager with enforcement of the rules as well as the Sheriff, and give them the ability to bear witness against violators and have their allegations investigated. She gave a scenario of a golf swing; and requested the Board follow through on its prior decisions regarding Valkaria Airport.

MaryJo Faden distributed copies of the VNA letter to the Board, and stated it is the position of many residents in Valkaria. She requested the Board create the rules that assure the airport will run properly and safely and in harmony with the community; and stated she supports the Association?s letter of May 15, 1998, including a 1,000-foot altitude, restricted use of Runway 9/27, prohibiting repetitive flight training operations on Runway 9/27, prohibiting departures after sunset, and hours of operation be 9 a.m. to 4 p.m. She requested stop and back taxi be included in the ordinance, and codified rules to facilitate a positive relationship between the community and the airport.

Wally Eisenmann stated the Board hired an airport manager and should let him do his job, listen to his recommendations, support him, and not listen too much to the residents.

Hermann Eisenmann stated it may be necessary to have rules, but the Board should not allow private citizens to watch the airport and enforce the rules. He recommended they be allowed to park cars in the hangar when they fly away for a few days; and stated they should not be penalized by increased fines, because speeding tickets are the same amount for the same mileage over the speed limit no matter how many times a driver gets a ticket.

Linn Walters stated one of the problems seems to be the touch and go transitional landing procedures on Runway 9/27; that activity is being shifted to alternate Runway 14/32 which creates a problem for pilots who fly airplanes and tend to land better into the wind; but for the most part he has no problems with the rules that Mr. Plutt provided the Board. He requested the Board support Mr. Plutt in his recommendations, as he has worked hard and done a good job in the short time he has been on board.

Barbara Ray, President of Valkaria Residential Association, commended Peggy Busacca, Colonel Plutt, and the County Attorney?s Office for getting the original rules started, but expressed concern that they were watered down during the process. She stated the major problem for most residents is repetitive operations training on Runway 9/27; Runway 9/27 needs to be the secondary runway; and that should be in the notices that go to airmen. She requested a directive be given to the airport manager to enforce traffic patterns, a system be established where an investigation by the Sheriff?s Department can be initiated through affidavits, and a provision that allows the County to institute a landing fee for people who fly in and are not based at the airport. She recommended no storage of flammable materials in hangars, and a graduated fine for violators of $50 for the first offense and increased for the second and third offense, then a provision to oust them from using Valkaria Airport.

Bob Varley suggested the Board follow through on previous commitments to control activities at the airport and minimize impact on the residential community by more potent codified rules and an airport manager who will assist the people along with the Sheriff and Code Enforcement in enforcing those rules. He mentioned the rules were watered down during the review cycle; inquired what is the County?s jurisdiction as an airport owner and operator versus the federal government; and gave definitions of FAAR?s regarding minimum safe altitudes in different areas. He reiterated previous speakers on the pattern altitude and repetitive activities, minimizing activities on Runway 9/27, no training activities, increased fines, and restricted hours of operation; and stated courtesy rules have not worked well. He quoted sections from FAAR regarding flight operations.

Curt Lorenc explained a video of the conditions at hangars and the airport with gas storage, helicopter operations, and untied down aircraft; and stated Bill Plutt has not enforced the rules, and some rules were written out of the new ordinance. He presented a handout to the Board and explained each section; and requested pilot insurance, storage in hangars, inspection of hangars, dumbo drop special use permit, more rules for helicopters, fines of $500 to recover court costs, more substantial rules, limited use of Runway 9/27, and a two affidavit system be included in the ordinance.

Mark Cannon, owner of the FBO, advised the ordinance is probably the best document they could arrive at and is a good starting point; but there are many unintentional consequences that will come to light if the ordinance is passed as it exists today. He noted he gave his comments on the ordinance to staff; stated parking cars in hangars while flying is normal activity in an airport like Valkaria; and limiting activities and hours of operation will require significant staff time to chase down people who forget about the restrictions. He suggested the airport manager do a state-of-the-airport report for the Board, so the Board can look at how to operate it best. He recommended grass be planted in the infield which is the safest thing to do and what FAA would want the County to do; and requested the Board accept Mr. Plutt?s recommendation on resurfacing of Runway 9/27.

Don Darby stated he is not against the existence of the airport as it was there when he bought his property; he is not concerned about living near a small responsibly managed recreational airport; but he has been disappointed because that has not been the case with Valkaria Airport. He stated the ordinance can get the airport and community to co-exist in peace; the ordinance offered by VNA would make significant progress in rectifying some of the problems; and encourage the Board to give serious considerations to the recommendations from VNA, particularly limitations and restrictions on Runway 9/27.

Theo Adkins advised he landed on Runway 9/27 with friends who fly and does not see a problem with the airstrip; it does not make good sense to spend money on it; but an overlay seems reasonable. He stated he supports the other speakers on the rules and regulations; believes they are too weak; and the County has an expensive airport manager who is a pilot, so he is not sure it was the right choice.

Lisa McKasty presented documents to the Board and stated the biggest issue is restrictions on Runway 9/27. She repeated other comments on no repetitive activity, two person affidavit for witnessing violations, an airport manager who will enforce the rules, and liability insurance for pilots. She quoted a newspaper article in which Mr. Jenkins said, "We want to make sure we found someone with airport management experience and someone who could be successful communicating with the pilots and residents around the airport"; and stated that has not been the fact. She stated the FAA said it is okay to restrict the use of Runway 9/27; quoted from a letter from Flight Safety on the use of 9/27 if winds would compromise safety; and stated they need someone to enforce the rules and watching Runway 9/27 more closely.

Del Yonts stated he agrees with most of the homeowners? comments and with the pilots who want to put their cars in the hangars; the Advisory Board was trying to limit people parking cars in there all the time; and it was not intended for someone flying an aircraft. He stated limiting training operations on 9/27 and getting people to use 14/32 will free up 9/27 for ultra light aircrafts and keep those two types of aircrafts separated, thereby increasing safety; and FAA said the Board can do that. He noted it is the minority causing the problems; and if the Board would put those limitations in the ordinance, it will help.

Jeff May stated he is a member of the flying club at Valkaria and a licensed pilot who does not do a lot of training activities; but he is concerned about proficiency and keeping current. He explained what a pilot needs to do to stay current and be legal to carry passengers for 90 days; and stated limiting the time from 9 a.m. to 4 p.m. would mean people would not be able to fly because they work during the week. He stated the current pattern altitude for Valkaria is 1,026 feet M.S.L.; that means it is 1,000 feet above the ground; and he does not know anyone who does not fly at that altitude. He reiterated the need to put cars in hangars as the County is not responsible for damages; requested Mr. Plutt be allowed to do his job; and opposed the two person affidavit system due to lack of trust and opportunity for perjury.

Judy Nash advised of airplanes on Saturday and Sunday mornings revving their engines so loud that a quarter mile away it sounds worst than standing next to a bulldozer; she is the daughter of two pilots and has nothing against the airport; but there are a few pilots who are ruining it. She stated without enforcement it will never work.

J. R. Casey advised he flies out of Melbourne mostly and out of Valkaria part time; and his concern is the County will have to chase pilots across the country who will come in and do touch and go on Runway 9/27 at times that are not in the rules. He stated the best information a pilot has at Valkaria on choice of runway is the windsock; if he cannot see it in the air, he is going to call the airport; and if not, he may go to Melbourne Airport. He stated the County will spend a lot of time chasing people all over the country for marginal use, and in reality it will not cut down on the times out-of-town pilots will use Runway 9/27.

Jim Ray advised he supports the Valkaria Homeowners Association in their position on enforcement, flammable materials, and restrictions; and although Mr. Walters said Runway 9/27 was the primary runway, it is the secondary runway.

The meeting recessed at 6:42 p.m., and reconvened at 6:54 p.m.

Commissioner Higgs recommended "reserve parking space" be deleted from page 4, as it is not used in the ordinance and has no meaning. Airport Manager Bill Plutt advised they have reserve parking spaces for handicap persons.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to delete "reserve parking space" from the Definitions on page 4 of the proposed ordinance. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to add, "Tie down means to secure light aircraft to the ground or a paved surface by means of rope or chain devices to prevent movement or damage during windy conditions," to the Definitions of the ordinance. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to add at the end of the sentence on page 5, Section 18-37, Airport Manager; Appointment; Responsibilities; and Duties; "and report violations of air safety and flight operations which the manager observes to the FAA." Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to correct all misspellings of Valkaria. Motion carried and ordered unanimously.

Commissioner Higgs advised page 6 says the Board may appoint an airport advisory board by resolution; and suggested changing "may" to "will".

Chairman Voltz disagreed, and stated the County does not need an airport advisory board; it has not done anything constructive; it made a motion to close Runway 9/27 when it knew it was not legal to do that; so it was not doing its job. Commissioner Cook stated the Board is not establishing the advisory board now.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to change the language to, "The Board will establish an airport advisory board."

Chairman Voltz stated she does not want to put anyone on that board, and has had a hard time getting anyone to serve on it; so if Commissioner Higgs wants to have it, she can put her own people on it. Commissioner Higgs stated that is fine. Commissioner Cook stated the ordinance says it will establish by resolution, so the makeup of the board is not being determined tonight. Commissioner Higgs stated if the Board does not want to have another meeting on Valkaria Airport, it needs to move forward with the language in the ordinance, and put that in the resolution, so the people do not have to come back again. Chairman Voltz stated it is an absolutely worthless board and she does not see any need for it. Commissioner Scarborough stated sometimes boards have been good and some have been bad, but overall, it gives people the opportunity to meet in their locations, talk about their differences, and work those out so they do not have to come to this Board. Chairman Voltz stated that is the duty of the professional airport manager; and if people come to the Board with any problems, the Board will be running the airport instead of Mr. Plutt.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioners Higgs, Scarborough, and Cook voted aye; and Commissioners O?Brien and Voltz voted nay.

Commissioner Cook stated he assumes the resolution will come back to the Board later. Commissioner Higgs stated the Board could deal with it tonight by moving to incorporate the language in the ordinance into the resolution which says the composition would be a member of the residential community of Valkaria, an elected official from the Town of Malabar, a member of the District 3 Parks and Recreation Advisory Board, four members appointed at large and shall be residents of the County, and a representative of aviation or business community and shall not be an official or employee of the County. Commissioner Cook inquired if all of that will be deleted from the ordinance; with Commissioner Higgs responding the Board could take that language and incorporate it into the resolution so it will not have to do it again.

Chairman Voltz stated up to this point the County has not had a professional airport manager; and inquired how will the advisory board and airport manager work together; with Commissioner Higgs responding the County had professionals who served in the capacity of manager for years. Chairman Voltz stated there were always disagreements. Commissioner Higgs stated there probably will be disagreements, but that is not different than other boards. Commissioner Cook inquired who will nominate the members; with Chairman Voltz responding not her. Commissioner Higgs stated in the past District 3 had two nominations and District 5 had two, but she can nominate all of them.

Commissioner O?Brien stated if it is amended to say, "four members of the Valkaria Airport Advisory Board shall be appointed at large and shall be residents of the County and shall be generally representative of the professional sectors of aviation" and take out "or business community," he could support it. Commissioner Higgs inquired if they would all be aviation; with Commissioner O?Brien responding four of them would be aviation because the others are residents of the Valkaria community, plus one elected from the Town of Malabar and one from the Parks and Recreation Board; but they do not have to be pilots. Commissioner Higgs stated aviation and business people will provide a diversity as opposed to all aviation. Commissioner O?Brien stated the resident, elected official, and Parks and Recreation members are not aviators, so the other four should be.

Commissioner Cook inquired if it would create more conflict by having the board; with Commissioner Higgs responding she does not know the answer to that, but when the board was not operational, it did not reduce the tension. Chairman Voltz commented it caused more tension. Commissioner Higgs stated it would be more advisable to have the community informed working with the manager and being able to look at items and give some advice. Commissioner O?Brien stated because the board will be advising the airport on how it should be properly run and maintained, those people who use the airport, pilots, etc. should be an active part of the advisory board. He noted business people could be a pizza shop owner or anything except a pilot. Commissioner Higgs stated it is good to have business people who look at it in a business sense not just aviation and people who will use it; in some ways they have a vested interest in things occurring at the airport; so having people from the business community as well as aviation is appropriate. She stated plenty of people have demonstrated they are members of the community who are pilots, part of the aviation and business communities, and it is unfair to say just because they live there they cannot be part of the board. Chairman Voltz stated it will be lopsided with all residential representatives. Commissioner Higgs stated nobody complained when it was lopsided for years in the pilots? direction. Commissioner Cook stated he is willing to establish the board as stated in the draft ordinance and it come back as prescribed in a resolution. Commissioner Cook stated he will withdraw the second if he made it and support a motion to establish the advisory board by resolution as stated in the draft ordinance.

Commissioner Higgs recommended a change to page 11, Subsection (4), to read, "Any solicitation activities shall be conducted in locations designated by the County Manager," and delete "as amended from time to time and in accordance with Board policy," because the County Manager will implement Board policy. Commissioner O?Brien recommended adding "or his designee"; with Commissioner Higgs responding that is fine. Mr. Plutt stated he has no problem with it. Commissioner Cook inquired if there is a Board policy addressing that for Valkaria; with Assistant County Attorney Katherine Harasz responding there is a policy that addresses solicitation which applies to all County properties not Valkaria specifically, and all property managers are supposed to establish a location where they can communicate their first amendment concerns. Commissioner Cook stated "in accordance with Board policy" will not make it arbitrary. Commissioner Higgs agreed.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend page 11, Subsection (4), to read, "Any solicitation activities shall be conducted in locations designated by the County Manager or his designee in accordance with Board policy." Motion carried and ordered unanimously.

Commissioner Higgs stated there was nothing about loitering on the Airport property; and inquired if it is covered under any other regulations; with Ms. Harasz responding the definition of loitering in the State law is more specific and has an established enforcement pattern with the Sheriff?s Office, so it would be more appropriate to leave that to the existing regulations. Commissioner Higgs stated it was assumed that law enforcement may go into restricted areas, but it would be better to include the actual language in the ordinance. Commissioner Scarborough recommended deleting "to engage in commercial activities," as Mosquito Control is at the airport.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend page 11, Subsection (b)(1), to include, "Law enforcement officers" after "air passengers", and delete "to engage in commercial activities." Motion carried and ordered unanimously.

Commissioner Higgs inquired if a person who has a permit to carry a weapon is authorized to come onto the airport property; with Ms. Harasz responding the intent is not to allow, other than law enforcement officers, to bring them on the airport property unless encased for shipment. She stated it is stricter than State law. Commissioner Cook inquired if someone with a civil permit would not be allowed on the airport with a weapon; with Mr. Plutt responding that is correct. Commissioner Cook inquired if it is for all airports; with Mr. Plutt responding he does not know, but in his experience weapons are either encased or belong to law enforcement officials on airports.

Commissioner O?Brien stated many hunters do not sheathe their guns when they get in planes to fly back home; trucks have gun racks in the back windows with rifles in them; and inquired how far does the Board want to go to restrict guns if they have permits to carry them; with Ms. Busacca responding Section 23, Chapter 96, Brevard County Code, states that people may not carry or discharge guns without permission from the County in public parks; and if the Board wants to be consistent with that, then it needs to give permission for people to carry or discharge a gun. Commissioner Cook stated it says "for shipment" and it should be properly encased.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to delete "for shipment" on page 12, Subsection (4). Motion carried and ordered unanimously.

Commissioner Higgs advised page 13 states, "No person shall be permitted in any aircraft during fueling or defueling operations." She stated the regulations for Tico Airport states, "During fuel handling in connection with any aircraft, no passenger or passengers shall be permitted to remain in such aircraft unless a cabin attendant is at the door and a passenger ramp is in position." She noted agreement with that. Commissioner Higgs advised page 14, talks about flammable materials; Tico rules say, "No person shall keep or store any flammable liquids, gases, signal flares, or other similar material in the hangars or any buildings on the airport except in rooms or areas specifically approved for such storage by the executive director." She stated she is not comfortable with the language of how much flammable material is stored; and prefers the Tico language.

Chairman Voltz inquired about the fire marshal?s standards; with Ms. Harasz responding Mr. Plutt referred to the fire marshal?s standards when he prepared the ordinance; the County has the discretion to be stricter than the fire marshal?s standards; it does not have to allow 60 gallons of fuel and can require less; however, the containers recommended would be the minimum containers allowed. Chairman Voltz inquired if No. 7 is all fire marshal standards; with Ms. Harasz responding that is her understanding. Commissioner Cook stated he has no problem with the Tico language; and Commissioner Higgs stated she can live with that language.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend page 14, Subsection (7) to add, "No person shall keep or store any flammable liquids, gases, signal flares, or other similar materials in the hangars or any buildings on the airport except in rooms or areas specifically approved for such storage by the executive director.

Commissioner O?Brien stated some people may want to paint their planes plus someone else?s plane and may have 20 gallons of paint, ten gallons of thinner, five gallons of primer; and allowed to store it in an approved cabinet he can understand; but he does not like it when it says no individual container may exceed five gallons capacity. Commissioner Higgs stated the language suggested-- "(a) No individual container may exceed five (5) gallons capacity; and (b) Containers which, when combined, are less than 10 gallons shall be stored in a non-combustible storage cabinet." She stated that would contain the amount of volatiles out there with that. Commissioner Cook stated the Tico language gives Mr. Plutt flexibility. Commissioner O?Brien recommended adding (a) and (b) to the motion. Commissioner Scarborough stated Tico enforces its rules.

Chairman Voltz advised the amendment is to add (a) and (b) to the motion. Ms. Harasz recommended the motion "consistent with the following conditions:" and insert (a) and (b). County Manager Tom Jenkins recommended changing "executive director" to "County Manager". Chairman Voltz called for a vote on the motion as amended. Motion carried and ordered unanimously.

Commissioner Higgs advised page 14, Aircraft Operations, states, "All aeronautical activities at Valkaria Airport shall be conducted in conformity with the applicable provisions of the regulations of FAA, CAB or any successor agencies, and shall occur between 6:30 a.m. and 6:00 p.m. EST and 6:30 a.m. to 8:00 p.m. EDT."

Commissioner Cook inquired what impact restricting the hours of operation would have on the airport; with Mr. Plutt responding his concern is restricting operations when there is still daylight hours; and FAA may say it is unduly restrictive on its operations. Commissioner Higgs requested Assistant County Attorney Harasz respond on her research; with Ms. Harasz responding ordinarily all matters regarding air, noise and safety are preempted by Federal Regulations; however, proprietors of airports have some discretion to adopt regulations relating to noise and other environmental issues. She stated the rules must be reasonable, non-arbitrary, and non-discriminatory; there are several cases in other jurisdictions regarding curfews based on noise concerns to accommodate surrounding residential communities; and those curfews, had different hours, different restrictions, and different weekend and weekday hours; but they were upheld, so it is her opinion the Board can restrict the hours of operation from its proprietary capacity. Ms. Harasz cautioned the County is subject to deed restrictions which requires that it operate a public airport for the use and benefit of the public on reasonable terms and without unjust discrimination; so the Board can conduct a curfew subject to whatever is reasonable terms.

Commissioner Cook inquired if Mosquito Control flies out of Valkaria at night; with Commissioner Higgs inquiring if the Board could exempt Mosquito Control; with Ms. Harasz responding one of the edicts is non-discriminatory. Mosquito Control Director Jim Hunt advised they operate not only at night but early in the morning at first light which is about 6:00 a.m. Commissioner Higgs inquired if they fly out every night; with Mr. Hunt responding not every night but three or four times a week. Commissioner Higgs inquired if there is language the Board could use to control the airport for use during daylight hours and allow Mosquito Control or other similar entities on a mission where health, safety and welfare are involved to operate at night; with Ms. Harasz responding she has not seen exceptions in any of the curfews, and she is unsure whether it can be structured to limit operations based on decibel levels of helicopters or hours when they work, but it has to be across-the-board. She noted regulations addressing noise must be consistent. Commissioner Higgs advised she talked to the FAA attorney in Washington and thinks the Board has the ability to control airport access and issues based on Ms. Harasz?s research, but she will withdraw the issue at this time.

Commissioner Higgs advised page 15, Item 4, should include "primary" instead of "preferred" runway. Mr. Plutt stated in conversations with FAA?s Flight Standard Safety Office, it was their preference to use "preferred"; and it is still a pilot?s decision as to what runway he will land on whether or not the County recommends a particular runway. Commissioner Higgs stated FAA says they prefer but it is not mandatory; and in a number of documents they sent to the Board, they talked about primary runway, such as the April 10, 1998 letter from Charles Boyer, Manager of the Airport Districts Office, which states, "If you wish to further pursue this matter, we will be willing to discuss an option to designate Runway 14/32 as the primary runway."

Commissioner O?Brien inquired how many planes a day fly from Valkaria; with Mr. Plutt responding he does not have an exact count on a daily basis; however, statistics taken over the past eight weekends had 325 total operations which are take offs or landings; and of those, 24 were from Runway 9/27. Mr. Plutt stated there is no particular average; they have had five planes in the pattern all day and have gone days with no airplanes; so it is difficult to determine how many flights are made from Valkaria on a daily basis. Commissioner O?Brien stated he does not want to feel it is catastrophic when it may not be, and those numbers have not been given to him to make that decision. Mr. Plutt stated aircraft primarily use Runway 14/32 for flight safety use from 8:00 a.m. until 9:30 a.m., then from 10:30 a.m. to 11:00 a.m., and run in waves as their flight schedules permit.

Discussion ensued on the difference of "primary" and "preferred".

Motion by Commissioner Higgs, seconded by Commissioner Cook, to change "preferred" runway to "primary" runway on page 15, Item 4. Motion carried and ordered; Commissioner Voltz voted nay.

Commissioner Higgs advised page 16 refers to penalties and states, "the civil penalty for each violation shall be $50.00"; but she prefers the graduated penalties from $50 to $150 to $300.

Commissioner Scarborough stated the Board has done fines and penalties by resolution; $50 is very minor and treats everything the same; there are dangerous environments at the airport such as discharging firearms, storing large amounts of fuel, and different things; and he does not mind a graduated penalty structure for different levels of offenses. Commissioner Higgs recommended penalties that can be enforced by the Sheriff; first, second, and third offense graduated penalties are reasonable; but if the Board does not like the graduated penalties, it still needs to establish a penalty tonight. Commissioner Scarborough stated he has no problem with the graduated penalties, but some may be minimal in comparison to safety of life. Commissioner Higgs stated the Board could bring that back, but should adopt something to allow the ordinance to go forward. Commissioner Cook stated there has never been a penalty before, so the Board could establish $50 and see how that works out.

Discussion ensued on levels of violations, graduated penalties, mail-in citations, conditions that can lead to suspension of use of the airport, appeal procedures, and enforcement.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to add to page 6, Section 18-38, "The Board shall establish procedures for appeal and review for reinstatement of rights for anyone denied use of the airport." Motion carried and ordered unanimously.

Discussion continued on restricting the hours of operation of the airport for helicopters, fixed wing aircraft, exempting helicopters, non-discriminatory regulations, and people wanting peace rather than light or dark.

Motion by Commissioner Voltz, to close Valkaria Airport. Motion died for lack of a second.

Ms. Harasz stated helicopters fly from another area of the airport, and it would be reasonable to exempt them for night flying. Mr. Plutt stated the helicopter landing pads are removed from Runway 9/27 and it would be different in noise. Commissioner Higgs stated what the citizens want is a safe airport and minimum impact on the people who live there; daylight hours are reasonable; and there are no lights and no control tower.

Motion by Commissioner Higgs, to establish operating hours for Valkaria Airport from 6:00 a.m. to 6:00 p.m. EST and 6:00 a.m. to 8:00 p.m. DST. Motion died for lack of a second.

Commissioner Higgs recommended initiating investigations by two affidavits. Ms. Harasz advised the Board can direct its manager, but the Sheriff does not have to follow that direction. Commissioner Higgs recommended including language under the County Manager that if two affidavits are presented to the airport manager, those violations shall be investigated.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to add to the County Manager?s enforcement of denial of use of the airport, "The County Manager or designee shall investigate violations of the provisions of Section 18-63(a) and 18-65(a) based upon a minimum of two (2) affidavits describing the alleged violations." Motion carried and ordered; Commissioners Cook and Voltz voted nay.

Commissioner Higgs recommended a letter be sent to the FAA requesting it establish the airport vicinity as a congested area and require altitude of 1,000 feet minimum.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to the FAA requesting it establish Valkaria as a congested area and require the altitude of 1,000 feet above the highest obstacle with a horizontal rise of 2,000 feet, and it be included on the notice to airmen.

Commissioner Cook inquired if it is in the standards; with Mr. Plutt responding the FAA determines congested areas and sparsely populated areas, and if it is ruled sparsely populated, the minimum is 500 feet. Mr. Plutt advised the traffic pattern altitude is currently established at 1,000 feet.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Higgs advised the community requested Runway 9/27 be used only when crosswinds on Runway 14/32 exceed 10.5 knots, as measured at the airport manager?s office; they suggested the language be, "Runway 14/32 is the primary runway for all fixed wing aircraft. Pilots shall land on the primary runway unless crosswind conditions exceed 10.5 knots or otherwise dictate landing on the secondary Runway 9/27. Helicopters shall land on the designated helicopter landing area." She stated she talked with the FAA at the District, National and Regional levels and received three different responses; they are inconsistent; so it is almost impossible to know what is right.

Motion by Commissioner Higgs, to add "Runway 14/32 is the primary runway for all fixed wing aircraft. Pilots shall land on the primary runway unless crosswind conditions exceed 10.5 knots or otherwise dictate land on the secondary Runway 9/27. Helicopters shall land on the designated helicopter landing area" to the ordinance.

Chairman Voltz inquired if there is restrictions on Runway 9/27; with Mr. Plutt responding they do not have the 10.5-knot crosswind component restriction. Commissioner Higgs inquired if it is recommended in the NOTAM; with Mr. Plutt responding they have no touch and go listed in the Airport Facility Directory, but they do not have a 10.5-knot crosswind restriction. Mr. Plutt disagreed with the restriction as there are no means to measure the winds with any degree of accuracy at the Airport; and it would make him a traffic controller which he is not trained to do nor authorized to do. He stated it would put him and the County in a liability situation; landing depends on the pilot?s aircraft, experience level, and if he or she feels he or she can put the plane down on that runway under the given wind conditions; and there will be a problem with enforcement. He stated trying to direct a pilot to a particular runway that may not be suitable for his aircraft and experience level places the County in a liability position it should not be in.

Commissioner Cook suggested taking the recommendation of the airport manager considering his expertise; and Chairman Voltz agreed. Commissioner Higgs advised the FAA?s Aeronautical Information Manual, Official Guide to Basic Flight Information, talks about communications, getting information part time, FBO?s that advise pilots of wind and weather, and those kinds of things that are available at non-towered facilities; it would not be asking the airport manager to be an air traffic controller, but simply to report his readings; and the language she suggested would allow the pilot to use his/her discretion.

Chairman Voltz advised there was no second to the motion, so it will be left up to the airport manager.

Chairman Voltz recommended page 11, Subsection 18-62(a)(2) be modified to insert "reportable under an insurance policy" after "property damage", and "which requires professional medical attention" after "personal injury". She stated it would be more definitive and enforceable.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to add to page 11, Subsection 18-62(a)(2), "reportable under an insurance policy" and "which requires professional medical attention". Motion carried and ordered unanimously.

Chairman Voltz advised page 11, Subsection 18-62(a)(7) relates to undomesticated animals; and recommended "animals" be changed to "pets" because there are a lot of animals out there. Commissioner Scarborough inquired what does undomesticated mean; with Ms. Harasz responding snakes, birds, etc.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to change "animals" to "pets" in Subsection 18-62(a)(7), page 11. Motion carried and ordered unanimously.

Chairman Voltz recommended "all applicable" on page 12, Subsection 18-63(2)(b), be deleted, and "the following" be inserted, then "Sections 407 and 409 as amended from time to time". She stated the National Fire Protection Association has a lot of standards, and Sections 407 and 409 are specifically related to airports. Mr. Plutt recommended just Section 407 as 409 applies to hangars.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to delete "all applicable" and insert "the following: Section 407 as amended from time to time" to page 12, Subsection 18-63(2)(b). Motion carried and ordered unanimously.

Chairman Voltz recommended page 15, Subsection 18-64(a)(7) be modified to add "parking ramp" at the end of the first sentence, or it could be misconstrued to mean those aircraft in hangars, etc. Commissioner Scarborough inquired if the Board wants wrecks sitting around the airport; with Ms. Harasz responding the provision is to allow people to rent hangar space, build a plane, and leave the plan in whatever condition it may be in, but if it is an unworthy aircraft, it cannot be left in the open on the parking ramp. Commissioner Scarborough suggested defining a place such as a hangar. Mr. Plutt stated they do not want abandoned aircraft staying on the airport property, but they do not want to encompass those in hangars being built or repaired. He noted aircraft with engine failure are usually in the FBO tie-down area if they are undergoing repair. Commissioner Scarborough recommended the owner of an aircraft that is not air worthy contact the airport manager to get written permission to locate the aircraft in an appropriate location such as a hangar or elsewhere on the airport.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to add to page 15, Subsection 18-64(a)(7), "other than within the confines of a T-hangar or with the written permission of the County Manager" at the end of the first sentence. Motion carried and ordered unanimously.

Chairman Voltz stated page 15, Subsection 18-64(a)(10) states "aircraft repair maintenance shall not be performed on areas immediately adjacent to airport runways and established taxiways."; and recommended deleting "immediately adjacent" and inserting "within 125 feet" because immediately adjacent could be very close to the runways.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to amend page 15, Subsection 18-64(a)(10), to delete "immediately adjacent" and insert "within 125 feet". Motion carried and ordered unanimously.

Commissioner Higgs advised a number of provisions dealing with helicopters were removed; and inquired why they were taken out; with Mr. Plutt responding they were unduly restrictive. He stated the heliport design criteria established by FAA Advisory Circular requires a helicopter landing or take off area a distance of 1.5 times the overall length of the helicopter; the largest helicopter that uses Valkaria Airport is a Bell 47 which is about 35 feet long; that design criteria establishes another 20 feet as a safety zone; so they have an area of approximately 92 feet total diameter to safely land a helicopter under the design criteria. Commissioner Higgs inquired about helicopters not passing over airport buildings or other unsecured planes; with Mr. Plutt responding it is no different than with any other aircraft passing over structures or facilities. He stated since helicopters are more controllable and maneuver well close to the ground, they do not have to abide by the same altitude restrictions of fixed wing aircraft, and if the engine quits it still has auto rotation capability.

Commissioner Higgs recommended adding, "except in an aircraft emergency, temporary lighting of runways to assist night time landings is prohibited", to the Sheriff?s enforcement provisions. She stated it would make it a violation to put a car on the runway and use it to illuminate the runway.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to add "Except in an aircraft emergency, temporary lighting of runways to assist night time landings is prohibited" under the provisions enforced by the Sheriff on page 16.

Commissioner Cook inquired if Mr. Plutt had a problem with that; with Mr. Plutt responding it is covered by saying they cannot have vehicles on the runway unless they are radio controlled, and it would be a violation of FAA regulations, so it is covered by FARS and the current regulations.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 18, Article II, Sections 18-36 through 18-72 inclusive, Brevard County Code of Ordinances, relating to Valkaria Airport; amending definitions; amending airport manager appointment, responsibilities and duties; amending ownership of property and proprietary rights of County; amending advisory board composition, term of office, removal, compensation, organization, and relationship with County Economic Development Council; amending use of net proceeds; amending advisory board authority, duties; creating Division 3, rules and regulations; and general conditions for use of County airport; safety procedures regarding fire extinguishers; fueling and control of flammable, corrosive or toxic substances; and aircraft operations; creating Section 18-66, penalty; creating Section 18-67, enforcement; providing for conflicting provisions; providing for severability; providing for effective date, as amended. Motion carried and ordered unanimously.

The meeting recessed at 8:33 p.m. and reconvened at 8:50 p.m.

Chairman Voltz advised, based on new information, staff requested the Board select an option for repair of Runway 9/27 at Valkaria Airport, authorize application for a Supplemental Joint Participation Agreement with Florida Department of Transportation (FDOT) for additional grant funds, approve necessary Budget Change Requests contingent upon FDOT approval of additional funds, authorize the County Manager to execute a contract for engineering consultant services, authorize staff to bid construction work, and authorize the Chairman to execute a Contract with the lowest qualified bidder.

Dr. Marcie Kinney presented a handout to the Board, and requested it support its previous decision to use a thin overlay as the most cost-effective method of repair for Runway 9/27 at $157,000. She advised of past Board action to approve the overlay on September 19, 1997; explained opportunity costs of investing funds instead of spending them; noted the State?s investments; and requested the Board consider opportunity costs.

Commissioner O?Brien inquired if Dr. Kinney?s motivation, besides economics, is that she does not want the runway repaired; with Dr. Kinney responding the runway needs to be repaired based on safety issues, so she is willing to go along with that; however, it does not need to be the Cadillac version. County Manager Tom Jenkins advised the County would only have the local match portion to invest and not the FDOT dollars. Dr. Kinney stated she is concerned about all tax dollars, and the funds from the State comes out of her pocket also. Chairman Voltz advised it comes from people who pay aviation fuel taxes; and Commissioner Higgs stated it comes from airline tickets. Commissioner O?Brien polled the Board on how it feels about repair of Runway 9/27. Chairman Voltz stated no one knows what it will cost five years from now, so it is pay now or pay more later for the same job. Commissioner O?Brien inquired when was the last time the runway was repaved; with Commissioner Higgs responding 1945. Commissioner O?Brien stated even with a thin overlay it may last 25 or 30 years; with Chairman Voltz responding it was not a two-inch overlay the first time, and it had a good base.

John Wimpee advised of a declining aviation market and drop in the number of pilot certificates according to Florida Statistical Abstract or FAA Statistical Handbook of Aviation; and stated it makes no sense to upgrade the World War II airport. He stated it may cost more than anticipated; advised of the homeowners attempts to compromise with redoing Runway 14/32 and a turf runway; gave a scenario of paving a road for safety sake; and inquired if it is justified to pave the runway for 50 pilots. He suggested giving the airport to Palm Bay to mitigate other properties instead of spending money for a limited number of taxpayers and a limited return to Brevard County.

Dewey Leidal stated FAA said the runway is usable; if that is true, the Board should put a thin coat of asphalt on it and see how long it lasts; it should not spend a lot of money that it does not have to spend; and it should put the project off for a year or two and see what happens.

Janis Walters advised the FDOT memo acknowledged three options; stated they would find closure of the runway objectionable; and suggested the County?s choice would depend on its available budget. She advised of construction and inspections of the runway; and noted with an overlay and limited use it is not likely to fail beyond the point of being unusable in five years. She stated the Ordinance designates Runway 9/27 as preferred for ultralight planes; there are 1,984 pilots in Brevard County; and inquired how much money does the Board want to spend considering the trend in general aviation. She stated the Board made a decision in September to proceed with an overlay; and suggested it follow through.

Jeff May advised some planes cannot handle 10.5-knot crosswinds; the runway is open for activities so it should be maintained; the ocean is a major source of wind and lies east of the airport; and other airports have east/west runways so they must be necessary in this area. He described the thin overlay on roads in Palm Bay as inadequate; stated the money is not the County?s in total and a lot of it will come from the FAA trust fund which people who buy airline tickets and aviation fuel pay into; and although he does not know the exact number of pilots, he can assure the Board there are more than 50 because there are more than 30 in the club he belongs to based at the field right now. He requested the Board provide a long-term solution by reconstructing the runway.

MaryJo Faden stated she supports the letter of May 15, 1998 from the Valkaria Neighborhood Association; making the runway a secondary runway with restrictions will give it a longer useful life; and if it is utilized as recommended by the airport manager for ultralights, there should be no need to rebuild or lengthen it. She requested the Board support its original decision to resurface Runway 9/27 at a fraction of the cost it would take to rebuild it.

Linn Walters stated $461,000 to rebuild the runway is an investment for 20 years; it will cost more in five years if an asphalt overlay is put on it that lasts five years; and requested the Board support the airport manager?s recommendation and rebuild the runway.

Commissioner O?Brien inquired where the matching funds will come from; with Mr. Plutt responding $45,000 from T-hangar rentals, $57,000 from the golf course, $13,000 from Mosquito Control, $3,600 from the FBO, and various other revenues. Commissioner O?Brien stated the rent from the T-hangars is supposed to pay for the money borrowed to build them; so any money coming from T-

hangars should not be in the matching fund formula. He stated the Habitat Golf Course operates in the red and cannot be said to create matching funds either. Commissioner Higgs stated it has to pay the airport rent. Commissioner O?Brien inquired what is the rent; with Mr. Plutt responding 10% of the fair market value of the property which is an FAA requirement. Commissioner O?Brien inquired what the property is worth; with Mr. Plutt responding when the lease was done it was approximately $450,000; and the Lease has a built-in clause for escalation based on CPI increases every year. Discussion ensued on the revenue sources for Valkaria Airport.

Commissioner Scarborough questioned the budget figures of $168,000 and $300,000; and Messrs. Plutt and Jenkins explained the difference due to inclusion of the capital projects budget, grant funds, and various revenues previously stated. Commissioner Higgs inquired if the budget is showing the matching funds from the joint participation agreement with FDOT; with Mr. Plutt responding yes, it is considered revenue. Discussion ensued on matching funds, excess funds, T-hangar payments, and available revenue for the project.

Barbara Ray, representing Valkaria Residential Association, stated the issue was already decided last September; and they have a concern as to why the staff has not carried out the instructions that the Board has given them regarding the scrub jay mitigation problem, an airport layout plan, and the overlay project. She expressed concern about borrowing money again, shifting of money that FDOT provided for Runway 14/32 and using that as part of the matching money for the project, and the land management plan. She stated the Board needs to get the airport self sufficient, so it should do the projects it already has funded, and overlay the runway in a manner that is not going to cost more than the funds available.

Bob Varley requested the Board re-institute a monthly statement from the airport manager of the cash flow and project status for the airport; and gave a chronological history of memos, letters, newsletter and meeting regarding Runway 9/27, estimates from contractors, Mr. Plutt?s alternatives, estimates from engineering consultants, and budget changes. He stated the Board should get the real financial details and real need for the project, and make the right decision. He stated it does not warrant spending that much money where there are many other FAA needs for that funding.

Curt Lorenc stated funds were not available for the project; the airport cannot afford to do a total rehabilitation of that runway; it is a secondary runway; and the Board should look out for the taxpayers and not waste their money. He stated there are some liabilities that have not been disclosed; one is that the contractor who did Runway 14/32 put pine cones in the asphalt mix; and the correspondence from FDOT says the top two inches have to be taken off, and the County will have to resurface the primary runway. He stated it will cost $100 per landing for a flight safety school that is not in the County but is the primary user of the runway. He advised of Board directions that were not implemented by staff, including moving of model airplanes out of Valkaria, the airport master plan, revised airport land management plan, scrub jay mitigation, infield maintenance, recreational area, and resurfacing the runway. He made comments about Messrs. Plutt and Jenkins; stated he did not file a criminal complaint against Mr. Plutt with the State Attorney?s office; and the letter of May 23rd needs to be looked into, as well as all the things that have not been done. He requested the Board close the runway.

Mark Cannon stated the revenue comes from airport fees and aviation tax dollars; it is not general aviation taxes; flight safety pays aviation taxes when it buys gas; and the airport is a national asset, not only for Brevard County. He stated the Board does not have to redo the runway because it is still usable, but it is horrific; it is in deplorable condition and needs to be fixed; and requested the Board follow the advice of its professional airport manager.

Don Darby stated Runway 14/32 can be used safely 90% of the time; he fails to see how the Board can justify spending half a million dollars on so few operations; and if it is dangerous in its current state, then planes should not use it. He stated he lives at the end of Runway 9/27, and planes land there; and it has a good base, and would be in excellent condition with an overlay.

Lisa McKasty stated the runway lasted 50 years; and inquired why should the Board spend money to resurface it for a handful of pilots. She stated Runway 14/32 was supposed to last 20 years and it has to be redone because of pine cones; and $150,000 should be put into Runway 14/32 because when it is redone, it will be more appealing to the pilots. She stated they are having problems with Runway 9/27 now, and if it is redone, they will have more problems; and she cannot see where it will stop. She stated unless the County plans to change a lot of things at the airport, it should close Runway 9/27, as Runway 14/32 is fine for most of the people.

Chairman Voltz stated the issue is not the expense, but making the runway appealing to pilots and they will use it more. She stated a year ago the Board decided to hire a professional airport manager to decide some of those things because he or she would be more knowledgeable; and Mr. Plutt would not lie to the Board about the money if he did not have it.

Commissioner Cook stated the Board did authorize hiring an airport manager, and it authorized repaving Runway 9/27, but it was not done because Mr. Jenkins wanted a decision from a professional airport manager.

County Manager Tom Jenkins advised Mr. Plutt assessed Runway 14/32 with the pine cones, and recommended going against the contractor; and the condition of Runway 9/27 was in worse shape than anticipated, so Mr. Plutt recommended additional work be done. He stated he instructed Mr. Plutt to come up with options; and since it is new information the Board did not have, Mr. Plutt wanted to make the Board aware of it. He indicated if Mr. Plutt had proceeded to put a light coat of asphalt and it failed, people would question why they were not told that would happen and why the Board was not made aware of other options so it could decide what level of repair is appropriate.

Commissioner Cook inquired if the funds will be borrowed; with Mr. Plutt responding it is not going to be borrowed; they had anticipated $26,000 would be carried forward in cash; and in reality, over $85,000 was brought forward in excess T-hangar fees. Commissioner Cook inquired if that will be used for match; with Mr. Plutt responding they put aside $34,200 for the $100,000 JPA with FDOT.

Chairman Voltz advised the City of Palm Bay put a light coat of asphalt on Palm Bay Road and it was destroyed; after 50 years the runway base may not be functional; and if there is no good base, an overlay would not be appropriate.

Commissioner Scarborough stated the amended budget shows $220,000 in revenue and over $300,000 in appropriations; normally revenue and appropriations balance; and he is confused with the numbers. Commissioner Higgs advised the money was not spent for an airport manager.

Mr. Jenkins stated the Board was also asked about infield maintenance and why that has not occurred; they hired an environmental consultant who discovered a wetland in part of that infield area; and it will require a permit to do the maintenance. He stated the consultant recommended that the County consider a land management plan for the airport instead of piecemeal; that is something that can be done later; but he wanted the Board to be aware of it.

Chairman Voltz commented on the amount of time spent on homeowners? issues regarding Valkaria Airport; and Commissioner Higgs responded Valkaria takes so much time because things are not getting done. Commissioner Higgs stated the Board needs to expedite and move forward and get things done, do the overlay as the Board said, and have the JPA in place.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve repair of Runway 9/27 at Valkaria Airport with 3/4-inch asphalt overlay. Motion carried and ordered; Commissioner Voltz voted nay.

County Manager Tom Jenkins withdrew the Valkaria Airport Land Management Plan, as a wetland permit is required for infield maintenance project.

Commissioner Higgs stated she does not mind looking at a land management plan if the scope is more specialized, but she will not vote for it without that. Chairman Voltz stated it will come back to the Board with more information.

Upon motion and vote, the meeting adjourned at 9:57 p.m.

ATTEST: _________________________________

HELEN VOLTZ, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

__________________________

SANDY CRAWFORD, CLERK