The Board of County Commissioners of Brevard County, Florida, met in regular session on January 19, 1999, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Larry Booth, First Baptist Church of Satellite Beach.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

REPORT, RE: COCOA BEACH HIGH SCHOOL BASKETBALL TEAM

Commissioner O'Brien stated Ms. Gaudy of Cocoa Beach High School was nominated as being the best female basketball player in the County; and the team is going for the championship.

PERMISSION TO TRAVEL, RE: TRANSPORTATION SUMMIT

Commissioner Carlson requested permission to travel to the Transportation Summit which the Chairman asked her to attend.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize travel for Commissioner Carlson to attend the Transportation Summit. Motion carried and ordered unanimously.

REPORT, RE: SCHEDULE CONFLICTS

Commissioner Carlson stated she has conflicts with two meeting dates, on February 18, 1999 and March 11, 1999; and inquired if the workshops could be rescheduled.

Chairman Scarborough instructed the County Manager to see if the schedule changes can be accommodated.

PERMISSION TO TRAVEL, RE: NATIONAL HURRICANE CONFERENCE

Commissioner Voltz stated after she was elected she attended the National Hurricane Conference; and suggested Commissioner Carlson attend.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission for Commissioner Carlson to attend the National Hurricane Conference, if she wants to go. Motion carried and ordered unanimously.

REPORT, RE: TIMEFRAME FOR LEGISLATIVE PACKAGE PROCESS

Commissioner Voltz stated State Representative Howard Futch suggested the Board do its Legislative Package in June because each Representative can only have six bills, and by the time they get the Legislative Package, they are full. She suggested moving the process from the Fall to the Summer.

Chairman Scarborough stated the Board does not have to wait; as soon as the Legislative Session is finished, the Board can work on it; and it can always be supplemented.

Commissioner Voltz stated whatever the County does not get this year, it can forward for next year. Chairman Scarborough stated the Board can have a recap at the end of the Session; and then that can lead into an analysis of what the Board wants to do. Discussion ensued on the timeframe for the process. The Board reached consensus to consider the Legislative Package in May.

APPOINTMENT, RE: BREVARD COUNTY COMMISSION ON THE STATUS OF WOMEN

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint Brenda Harris to the Brevard County Commission on the Status of Women. Motion carried and ordered unanimously.

DISCUSSION, RE: GOALS

Chairman Scarborough stated the Board can touch base with the Delegation to see what it wants to do, and come back with some proposed meeting dates. He stated he has no problem making a presentation to the Delegation; but advised of the advantages of a meeting with the Delegation for everyone to discuss ideas and views, and share goals and objectives. Commissioner Voltz suggested such meeting could be held in the Florida Room.

Commissioner Scarborough stated at the workshop on January 21, 1999, he is going to ask that goals be defined in terms of what the Board wants, what it expects of goals, how goals differ, at what point goals should be benchmarked, to what extent visioning needs to be integrated, and whether benchmarking is wise for goals or whether it negates the possibility to be futuristic enough. He stated if the Board can come together with a better idea of what goals are, it will help staff; described the past goals procedure; and stated this year the Board will endorse a goal package. He stated the Board is going to be able to work with staff more closely and that will result in a better product throughout the year.

RESOLUTION, RE: COMMENDING CHRISTOPHER SCOTT HESTER II FOR ACHIEVING EAGLE SCOUT AWARD

Commissioner Voltz read aloud a resolution commending Christopher Scott Hester II for attaining the rank of Eagle Scout.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Christopher Scott Hester II for attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to Mr. Hester.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION COMMITTEE, RE: NETWORK MAINTENANCE SERVICES FROM QUALIFIED VENDORS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise and request proposals from qualified vendors to provide network maintenance services to the Board, including network hardware, network operating system software consulting and sales services for new requirements and/or additional hardware and software; and appoint a Selection Committee consisting of Matt Lairsey, Assistant Chief Mike Taggart, Euripides Rodriguez, Jim Liesenfelt, and Rick Mershberger, with Leslie Rothering representing staff as a non-voting member and Marion Haines as non-voting technical advisor. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Bills and Budget changes as submitted. Motion carried and ordered unanimously.

REPORT, RE: BREVARD COUNTY CODE ENFORCEMENT ANONYMOUS COMPLAINT ONE-YEAR TRIAL PERIOD

County Manager Tom Jenkins stated the Board previously requested a report on the one-year trial period for anonymous Code Enforcement complaints; and the report contains quite a bit of information.

Ian Cunningham encouraged the Board to continue the policy on anonymous complaints as it works. Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Option 1, authorizing continuation of the present policy for accepting anonymous Code Enforcement complaints. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING SHERIFF'S CITIZEN'S JAIL REVIEW COMMITTEE

County Manager Tom Jenkins stated this came up at the last meeting; and staff prepared a resolution defining the Committee, and its mission to investigate the causes of jail overcrowding, recommend solutions to the overcrowding, and report to the Board at the first regular meeting in May, 1999. He stated the Committee consists of 13 members, two appointments by each County Commissioner, the Sheriff or his designee, the Chief Judge or designee, and one County Commissioner; and at a subsequent time the Committee may be requested to conduct an informational program to the County's residents on its findings and recommendations.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution establishing the Sheriff's Citizen's Jail Review Committee. Motion carried and ordered unanimously.

Chairman Scarborough noted Commissioner Voltz has shown an interest in being appointed to the Committee; and inquired how many Commissioners are interested in serving on the Committee. The Board reached consensus to appoint Commissioner Voltz to the Sheriff's Citizen's Jail Review Committee.

Commissioner Voltz inquired when the Commissioners have to have their appointments in; with Mr. Jenkins responding the sooner the better because there is only 90 days to do the report.

Chairman Scarborough stated at the last meeting he announced two people; and inquired if he needs to do anything further; with Mr. Jenkins responding no.

The meeting recessed at 5:55 p.m. and reconvened at 6:05 p.m.

DISCUSSION, RE: RESPONSES TO VALKARIA AIRPORT FIXED BASE OPERATOR SERVICES REQUEST FOR PROPOSAL

Chairman Scarborough stated there are 14 cards; and inquired if there is any desire to have comments from staff or Mr. Cannon. Commissioner Voltz stated Mr. Cannon should have an opportunity to speak. Commissioner O'Brien advised of Board policy.

Mark Cannon, representing Cannon Aviation, Inc., stated Cannon Aviation has been the FBO at Valkaria Airport for the last five years; apologized for not contacting Commissioner Carlson; and advised he was prohibited by County rules from doing so. He stated in the December, 1998 meeting, Commissioner Carlson was concerned and influenced by the allegations of safety violations; but the violations are malicious and fictitious; and the attacks amount to slander with intent to impugn his reputation to destroy his business. He stated the allegations have been heard over and over again in hopes that if a lie is repeated often enough, it becomes the new "truth." He stated County staff has investigated the allegations and found them groundless; and he is prepared to address each item individually. He stated the staff matrix provided for the December, 1998 meeting indicated his proposal was compliant; Mr. Lorenc provided his own evaluation, finding him non-compliant; and he was amazed to learn of the inclusion of Mr. Lorenc's evaluation in the Agenda package without attributing the data to Mr. Lorenc. He stated yesterday he faxed a document to Ms. Busacca that addresses the issues Mr. Lorenc raised; and he is willing to go over the entire proposal in detail tonight. He stated the main issue seems to be Commissioner Carlson's and Higgs' belief that the business plan is missing; and read aloud from the RFP as follows: the RFP requires "description of services the proposer wishes to provide including hours of operation, level of staffing, description of proposed weekly operation, timetable for implementing capital investment, proposed charges for services, and anticipated return (business plan)." He stated the description of services is provided in Section 2.0; the timetable for implementing the capital investment is provided in Paragraph 3.4; proposed charges for services are included in Paragraph 3.5; and the anticipated return is addressed in Paragraph 3.6; so, Sections 2.0 through 4.6 comprise the business plan. He stated the County chose to answer the RFP with a spreadsheet detailing its projected expenses and profits; it is entirely appropriate for the County to convince itself it wants to be in the business; and it is appropriate for a private business to also accomplish this for itself; however, it is not appropriate to ask a private business to reveal proprietary business information to the general public and competing businesses. He stated a detailed profit/loss statement is irrelevant to the issue of who gets a property lease to run an FBO; his expenses and profits are his business; and he was fully responsive to the question in the RFP. He stated Cannon Aviation has been an excellent tenant over the past five years, cooperating with County staff and paying its bills on time; it has provided outstanding public benefit and is a model of corporate responsibility to the community; and it has worked hard to establish a loyal clientele. He stated the County will not provide the services and other public benefit provided by Cannon Aviation; and noted the lack of equipment and understanding of the role of an FBO in the County's Proposal. He stated the County's profit predictions are highly sensitive to wholesale fuel price fluctuations and customer satisfaction, which have not been factored into the County's analysis; the rosy picture painted is not going to be reality; the County has no experience in operating an FBO; and the part-time airport staff is already overburdened, and taking on additional responsibility will only make the situation worse. He stated UNICOM operations are not required, and A.W.O.S would provide much better, more reliable, consistent and safer advisories than the County can provide with ill-equipped, part-time help. He stated it is not the function of government to take over the business of an active, viable private enterprise; additional income to the Airport budget can be obtained by appropriate land leases to aviation and other businesses and the construction of additional hangar space; and airport management should be in the business of managing the airport, not taking over private enterprises. He requested the Board vote to continue with Cannon Aviation at Valkaria Airport.

Commissioner Voltz inquired if it was understood that the financial disclosure was proprietary information that could not be given to anyone else, and then at the last minute Mr. Cannon was told there was a mistake, and it was open information for public consumption. Mr. Cannon stated at the pre-proposal meeting he asked County staff if the financial information requested was considered not public information; and he was given assurances that was the case. He stated after further investigation he found language that said only law enforcement information is protected; he requested the Purchasing Department review the language; and Purchasing advised all financial information is public information, and the County Policy will need review. He stated he provided half a page of information; he addressed the financial information in the RFP; and his proposal, along with his five years of experience, is sufficient to evaluate his viability as a business entity.

Commissioner Higgs stated Mr. Cannon identifies himself as the sole owner of Cannon Aviation, but refers to several people as principals; and requested clarification. Mr. Cannon stated he is 100% owner of the corporation; and the principals are participants in the functioning of the business. Commissioner Higgs inquired if they are employees and not contracted; with Mr. Cannon responding they are primary employees of Cannon Aviation, some on a volunteer basis and others on a paid basis. Commissioner Higgs stated the employees could change; and inquired if Mr. Cannon intends to deliver the proposal via some employees; with Mr. Cannon responding affirmatively.

Chairman Scarborough requested staff comment. County Manager Tom Jenkins stated the current status, of the airport, with limited airplane traffic impacts the financial opportunity of anyone operating an FBO at the Valkaria Airport; by the County submitting a proposal along with the current operator it presented an opportunity for the Airport Manager to generate additional revenue for improving coverage at the airport; and that was the primary impetus in submitting a proposal. He stated the Airport Manager, who would oversee the additional duties, is qualified; the Manager is willing to consider any additional services the Board may want in the operation of the FBO; and it can be done in a cost effective manner, and generate additional revenue.

Chairman Scarborough inquired if going with the County lessens or increases the amount of involvement at higher staff levels; and stated if everything this size took as much of the County Manager's and higher staff's time, it would close the County. He stated the Board needs to address whether this will bring it into further involvement or to closure. Mr. Jenkins stated it will not have an impact on his or the Assistant County Manager's responsibilities; the types of issues they are typically involved in would not be related to what is being proposed; and it should not have a direct impact. Chairman Scarborough inquired if there will be no change; with Mr. Jenkins responding it will enhance the coverage at the airport on a daily basis.

Chairman Scarborough inquired if there would be greater or lesser risk on the part of the County. County Attorney Scott Knox responded to the extent the County is not involved in any kind of operation itself, it has liabilities it would not otherwise have, but there are limits to that liability; if the County is not the operator, it does not have to worry about that problem; and an independent contractor will have his own responsibilities as far as insurance coverage.

Commissioner Higgs inquired if having additional staff would lessen liability because it would be run in a more efficient way; with Mr. Knox responding it is possible. Commissioner Higgs stated she understands if the County does it, it will have additional exposure; but having greater staff presence decreases risk in other ways.

Commissioner Voltz stated having staff there is not going to make the County any less liable; she has gotten several complaints in the past week about the Airport Manager directing people to land on a certain runway when the wind conditions dictated use of another runway; and when questioned about it, the Manager said he had his orders from the Board. She stated if the Manager has orders from the Board to make people land irresponsibly, there is a big problem.

Commissioner O'Brien stated all that would be done is to replace one group of people with County employees which adds to the County's payroll, and increases liability exposure; and the Board has made an effort over the years to decrease personnel.

Commissioner Higgs stated this is a revenue issue; Cannon personnel is very limited during the week; and the County's proposal provides there will be personnel on site every day. Commissioner O'Brien stated it will drive up the cost to operate; Mr. Cannon already knows it is silly to have personnel on site at all times because planes are not landing or being fueled; and while someone owning a business would not have personnel present if there were no customers, the County would. He stated government is stupid, and should not be in business. Commissioner Higgs stated the County is not stupid; this is a revenue issue; there is personnel at the airport during the week to help manage the airport; there are airplanes in and out during the week; and the revenue from the self-service fuel sales would pay for personnel as well as some upkeep. She stated it is a question of producing revenue from the users of the service and not from the General Fund. Commissioner O'Brien stated he has been reassured that General Fund money is not being used to run the Valkaria Airport. Commissioner Higgs stated if the County is going to have adequate money to address some of the upkeep issues, then there has to be a revenue stream; and if there is no revenue stream, it will have to come from the General Fund or another way of generating income will have to be found. Commissioner O'Brien inquired how having paid personnel at the airport during the week will generate revenue; and stated Mr. Cannon has already proven that his people are not needed then. Commissioner Higgs stated the revenue that is being generated is from the fuel sales. Commissioner O'Brien stated Mr. Cannon does not have personnel there because he recognizes, as a businessperson, they are not required. Commissioner Higgs stated the County has the personnel there most of the time anyway. Commissioner Voltz stated all that will be done is to spend the $30,000 from the gas sales for the two employees; and the County will not come out ahead.

J. J. Curtin compared the County's proposal to Mr. Cannon's proposal; and advised the potential profit would be $3,525 with increased liability. He advised Mr. Cannon is popular; stated there is no way to predict what effect the appropriation of his business by the County will have on fuel sales; and there may be an immediate adverse affect on fuel sales. He advised the County once ran the sandwich shop next door, and made a mess out of it; and he hopes history will not repeat itself. He stated Mr. Cannon has done a good job at Valkaria despite the lies and criticisms leveled by the anti-airport element.

Commissioner Higgs inquired if the County ever operated the sandwich shop; with County Manager Tom Jenkins responding no.

Bill Plutt stated he was the former manager of the Valkaria Airport; and requested the Board accept Mr. Cannon's proposal. He stated one of the primary reasons for the proposals was the County Manager's concern that the Valkaria Airport maintain its self sufficiency; however, sufficient funds are there to manage the airport, particularly in light of the no development policy; and if additional funds are needed, there are other avenues without having to accept additional liability or terminate a private individual's business. He commented on Mr. Cannon's relationship with the Valkaria community, his enthusiasm for aviation, and his desire for development of the airport. He stated if the Board decides not to accept the proposal of Mr. Cannon because it is a sound business decision, that is good; but if there is a possibility the Board will not accept Mr. Cannon's proposal because he speaks out for what is important to him, that is wrong. He requested the Board accept Mr. Cannon's proposal.

Commissioner Carlson inquired why is Mr. Plutt no longer the airport manager; with Mr. Plutt responding he was offered another position as the Director of Aeronautics for the State of West Virginia, and subsequent to that, he returned to Brevard County, where he currently manages the Shuttle Landing Facility and Skid Strip at Cape Canaveral Air Force Station.

James Schaub stated he is a customer of Mr. Cannon; advised of his use of the airport; and stated Mr. Cannon is excited about making his operation work. He stated Mr. Cannon is a watchdog for the County; no one frivolously lands on the noise sensitive runway under his guidance; and he is not sure that will be the case otherwise. He stated he was told to land on a runway that was not his choice; he questioned the Airport Manager at the time who agreed it was up to the pilot's discretion; but he was strongly advised to use the runway the Manager said to use. He stated the airport is a community asset; it is treated like a nuisance; but it can be developed in a way to encourage young people to take advantage of the benefits that aviation offers. He expressed full support for Mr. Cannon.

Anthony Sluzenski stated he has been an aviation training specialist for 36 years, and represents the Indian River Flying Club, which is a tenant and user of Valkaria Airport. He commented on aircraft safety at Valkaria Airport; explained problems with landing in certain wind conditions; and advised of various incidents when there were problems due to cross winds. He displayed a tire; and explained the impact of the landing on the tire. He described the safety issues; and stated in the interest of safety, pilots should be able to use Runway 9. He requested the County have professionals operating the airport, and not favor those who live around the airport.

Jim Ray stated he is a Valkaria resident; and expressed support for the County taking over the FBO operation at Valkaria Airport. He noted improvement in noise abatement with the new Airport Manager; and advised of Mr. Cannon's record making it difficult for the residents. He stated the additional coverage provided by the fuel sales will improve the overall operation of the airport; and advised of the lack of coverage for UNICOM operations. He advised of Cannon employees directing pilots to land on runways not favored by prevailing winds; and expressed support for the County taking over the FBO operation.

Janis Walters, President of the Valkaria Neighborhood Association, advised of improvements at the airport in the past year; and stated the UNICOM is now manned several days each week. She stated the County set fair and reasonable goals for the airport, and they have been nearly achieved; one more hurdle stands before them; and they are before the Board for the fourth time to clear it. She stated Cannon Aviation has been less than satisfactory; they enumerated the contract violations and poor safety practices; and the Board already knows about Mr. Cannon's activism in stirring up hard feeling between the aviators, residents and County. She stated it is time for a change; and if the County serves as FBO, there will be adequate revenues for full-time airport supervision, advisories during all operational hours, completion of the approved project, and payment of all the airport debts as well as removing an ongoing airport controversy. She expressed support for the County taking over the FBO services.

MaryJo Faden expressed support for the County taking over the FBO facility.

Dan Faden expressed support for the County taking over the FBO facility; and recommended the Board look carefully at the financial aspects. He advised of the history of the airport; outlined various problems in the last five years; and stated Mr. Cannon has not been helpful in the direction of the Board or always working for the best of the community. He stated he wants to see the airport do well and be safe; and pilots should land wherever they need to. He stated a good manager is in place; the County taking the FBO will cement the airport layout plan; and hopefully it will be a better place for residents and for pilots.

Stephen Bowman, President of the Indian River Flying Club, stated the Club is Mr. Cannon's largest customer; and outlined the services provided by Mr. Cannon. He inquired about the proposal process; and commented on competition between County government and other FBO's. He stated if the County takes over the FBO, he, personally, will not buy fuel there; Mr. Cannon has been doing his job well; and it is a matter of principle.

Robert Varley explained why the County's liability will not increase. He stated the issue is not financial in terms of dollars and cents on a balance sheet, but is a political struggle between the residents of Valkaria and individuals who would like to have commercial development in the Valkaria community; and Mr. Cannon has been a tool in the struggle for the past five years. He commented on Mr. Cannon's role as a gadfly and the actions of the residents; and recommended putting an end to the political war in Valkaria, trying a different FBO arrangement, and take away the position of authority from Mr. Cannon. He stated Cannon Aviation is not a thriving business, but Mr. Cannon's aviation hobby; fuel sales by the owner/operator at small to moderate airports is becoming a standard arrangement; and advised of the situation at Naples Airport. He requested the Board give County staff a chance; and stated if it does not work out in six months, there is no contractual relationship, and it will be easy to recover. He stated pilots will have the same or better services with the County; and requested the Board keep its commitment to the Valkaria residents by taking control of the airport as a limited use recreational facility.

Robert Munch stated he has an airplane at Valkaria Airport; and advised of instances when the Airport Manager directed that a certain runway be used regardless of wind conditions. He noted the homeowners should understand the pilots do their best to be quiet; and if the homeowners want the County to take over and the County then has a hard time meeting expenses, their taxes can be raised. Mr. Munch stated they only see the Airport Manager approximately 1% of the time; the rest of the time he is listening to complaints from unhappy homeowners and doing paperwork; and the homeowners are very happy with him.

Barbara Ray stated the issue tonight is the lease; and commended Mr. Cannon and the other pilots for their work with the Young Eagles. She stated the County is already a tenant at the airport; and if it takes the lease, it will be paying money into the airport fund just as another tenant would. She stated the County has run the golf course and Mosquito Control there; those operations are much larger than Mr. Cannon's; and they have not generated the complaints that the Cannon Aviation operation has. Ms. Ray stated in the RFP Mr. Cannon offers to provide management services as needed; but he has recently gone to the FAA trying to undermine the County in its decision to manage the airport. She stated Mr. Cannon is not managing the airport; but sometimes in his enthusiasm, he forgets that. She stated it comes down to economics and safety; the FAA has made it clear that manning of the UNICOM is crucial to running a safe airport; and if someone could be hired to man the UNICOM all the time, that would eliminate the biggest liability issue. She expressed concern that the fuel operation is unmanned.

Don Darby stated he is a Valkaria resident; the Board heard a lot of personal opinions about Mr. Cannon; but those are irrelevant to the decision. He stated the Board's responsibility is to the County taxpayers; and the benefits to the County and the taxpayers are clear in the analysis. He stated it would also be beneficial to the local residents if the County took over the FBO operation because there would be better control, and clearer lines of responsibility and authority. He stated it is time for a change, and if there is no change, history will repeat itself so that the next five years will be like the last five years.

Curt Lorenc stated there have been safety problems with Mr. Cannon, and to allow them to continue for another two years would result in liability for the County because it has knowledge of the situation. He stated the Purchasing Manager advised Mr. Cannon was non-compliant on the RFP; Mr. Cannon said there was no requirement for the UNICOM, but under his contract, he was supposed to be operating the UNICOM; and the FAA advises the UNICOM is the single most important thing that can be done at a small uncontrolled airport. He stated the pilots know they can make the decision on what runway to use, but they can be encouraged to use a runway which does not cause a noise problem; Mr. Cannon has been a source of controversy and safety problems; and it is time for a change. He advised of the economic advantages of the County taking over the FBO operation and the need for the fuel sales to be attended for safety. He noted Mr. Cannon's is an unattended business; having County personnel at the airport allows it to operate in harmony with the community; but as soon as the Airport Manager goes home, there are problems which are routine and constant.

Del Yonts stated the current plan for the airport is to have little or no growth, and to stabilize what is there; but Mr. Cannon had a different view of what the airport should be in ten to twenty years. He stated the airport needs someone who accepts the views of the County and is willing to work toward meeting its goals; it needs someone who will meet the terms of the contract; and it needs someone who will support the concept of a neighborhood airport. He stated there is a new airport manager; the Valkaria Airport Advisory Board was reorganized; and a new FBO is needed. He recommended working to find common ground to turn this into a neighborhood airport which can be supported by the community and the pilots.

The meeting recessed at 7:24 p.m. and reconvened at 7:39 p.m.

Commissioner O'Brien stated a detailed profit/loss statement revealing the confidential information of any company is not called for in this instance; Mr. Cannon has already proven his ability to operate the FBO; he has proven his stability and financial capability; and all the County wants is a piece of the action. Commissioner O'Brien stated Mr. Cannon revived a business from the wreckage of the County-operated FBO; the issue has taken an incredible amount of staff and Commission time; and everyone is tired of it. He commented on the figures presented; and stated the County thinks it will make $65,000 a year profit; but it goes back to net profit and after-expenses profit. He noted it was said that a person has to be there for a plane to be fueled because of State law for safety, but that is not true. He stated there is no self-service fuel in New Jersey; it is against the law; but in other states there are hundreds of 24-hour gas stations with no attendants; and to use the statement that someone must be there just because an airplane is getting fuel from a pump is ludicrous. He stated no one is needed there; and if the law says someone has to be there, the law should be reviewed, and he is willing to put that in the Board's Legislative Package.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to award Proposal #P-3-9-02, Fixed Base Operator Services at Valkaria Airport, to Cannon Aviation, Inc.

Commissioner Voltz advised of Mr. Cannon's favorable references; noted Mr. Shimkus had no one respond; and stated she cannot believe that Mr. Shimkus could not have one person provide a reference. She stated Commissioner Higgs was quoted in the newspaper as saying the County "is quite capable of running it", meaning the airport, as the only service provided is the sale of fuel; and that is not true because Mr. Cannon does much more than sell fuel. She stated the RFP says it is the policy of the Board that Valkaria Airport will be a recreational use airport operated safely at the current level of service and activity, with no planned growth or expansion, but she does not think the airport is being run safely at this time. She stated it says the Airport Manager will continue to attend the meetings of the Valkaria Airport Advisory Board, Valkaria Aviation Association, and the Valkaria Neighborhood Association, and will present the status of any airport projects; but as it says no planned growth or expansion, she does not know what projects Mr. Shimkus could report on. She stated it says the Manager will also discuss those items that have been brought to him by individuals or organization, and staff will continue to correct known safety deficiencies as quickly as possible; but the Board has been working on this since she was elected with nothing accomplished. She stated the key to balancing the needs of all is to listen and communicate in an open, honest, non-judgmental and factual manner; and as clearly demonstrated tonight, none of that has been true. She stated the current manager is not doing what the Board hired him to do; telling people to come in on runways that he knows are unsafe puts the Board at risk of liability; and Mr. Shimkus needs to be fired. She stated the pilots are being put at risk because the manager is listening to everything the homeowners say, but not to the pilots' safety needs; and it is putting the taxpayers at tremendous risk. She stated that it was alleged that Mr. Cannon was an agitator; no examples were brought up; and she is sure that is because there are none. She inquired what will happen to Mr. Shimkus if Mr. Cannon takes over the airport, and will he still be paid $25 an hour. She inquired if the County will be liable for all the fuel no matter what; with County Attorney Scott Knox responding there will be less liability with Mr. Cannon, and whatever job the County takes up, it will accept responsibility for it. Commissioner Voltz stated someone indicated there was a political issue between the residents and the commercialism that people want; but there are a lot of pilots who are homeowners in the area; and inquired what about them. She stated someone said it was only a hobby for Mr. Cannon; and inquired if the County wants to get into a very expensive hobby. She inquired if the County will be putting money into the budget for rent like Mr. Cannon has. County Manager Tom Jenkins responded the proposal that the County submitted included some first year costs for capital based on a revenue forecast; but if the Board wants to expand that over a period of time as cash is accumulated, staff will do it. He stated initially most of the revenues are expended the first year on capital items. Commissioner Voltz stated the County is not going to be paying rent. Mr. Jenkins stated the airport management staff would be operating that service and the revenues would be going directly into the airport fund, but it would not be a rental per se. Commissioner Voltz stated someone said the County would have someone onsite during all fuel service; but in the proposal, it says the County plans on having the fuel system be totally self-service. She inquired about flights during the week; with Mr. Jenkins responding he does not have that information available, but has been told it is minimal during the week. Commissioner Voltz advised of complaints from pilots that the County employees come in late, take two-hour lunches, and leave early; stated the manager must not be watching the employees; and inquired if he cannot watch the employees, how can he watch the pilots coming in. She stated it would be foolish of the County to take over thinking it can make money on this deal, because clearly it cannot, and it puts the taxpayers into a liability situation.

Commissioner Higgs stated she supports the County Manager's efforts to run the airport, and his responsibility for the staff who serve there; and the airport is being run better than it was being run in the past six years. She stated the facilities are in better shape; and the County will continue upgrading the facilities as it moves forward on the resurfacing, trimming and maintenance of the vegetation around the runway, and maintenance on the infield. She stated in 1993 the County entered into a contract with the fixed base operator; it is a tenant relationship; and it is at the desire of the Board to establish the contract on citizen-owned land, runways, etc. She stated her support for the airport has been to get it into a businesslike situation where it can support itself and is safe for those people who live around it as well as those people who use it; and the efforts in the past few years have moved it along that way. She stated it has not been without pain, and obviously will continue to not be a pleasant process; but it is a business decision. She stated the County entered into a contract; it allowed the person to run it; and now it is in the County's best interest to operate the fuel sales to capture the revenues to maintain and provide the upkeep for the airport. She stated she cannot support the motion; and it is a logical step for the County to operate those services.

Commissioner Voltz stated the County never intended to get into this to make money; the County wanted to prevent some of the homeowners problems in the area; and if the County takes over, it will magnify the issues. She stated a good example is the allegations of Mr. Lorenc regarding Cannon Aviation, Inc.'s repeated safety violations, which have been addressed by Mr. Cannon; and the Board is going to hear this over and over again. She stated Mr. Shimkus is not going to last forever; noted this is the fourth airport manager in two years; and stated it is going to happen over and over again. She stated the problems with the homeowners need to be worked out with Mr. Cannon and the pilots; and the unfounded accusations have to stop.

Chairman Scarborough called for a vote on the motion. Motion did not carry. Commissioners O'Brien and Voltz voted aye; Commissioners Scarborough, Higgs, and Carlson voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to award Proposal #P-3-9-02, Fixed Base Operator Services at Valkaria Airport, to Valkaria Airport Management staff.

Commissioner Voltz stated this is a big mistake.

Chairman Scarborough stated he requested this be tabled last time because he had a concern that the RFP may be geared to a preference for the County; he met with Bill Hutto; and stated there is a need to provide other amenities for pilots. He stated money should not drive the issue; the County subsidizes all kinds of activities; and whether the County wins the proposal or not is not the relevant issue. He stated the bottom line is there is a problem that is hurting the County; it would be easy to blame everything on Mr. Cannon, but that is not fair to Mr. Cannon; however, because a person does a good job does not mean that is the person for that particular time. He stated at this time it is not working; and while it is possible the pilots will abandon the airport, there is the other side, and homeowners cannot be asked to abandon their homes. He stated if the choice is pilots or homeowners, the preference must be for the one with the larger fixed investment; and the pilots can move their aircraft, but the homeowners cannot move their homes. He stated he supports the motion.

Commissioner O'Brien inquired if the FBO loses money for any extended term, how will the money be made up, and will the Valkaria region be willing to accept a tax like TICO Airport people have to pay or will it be taken from General Fund. He stated that means the people in Districts 1 and 2 will be paying twice while the people in Valkaria are not paying at all; and that is not fair. Commissioner Higgs noted they pay into the General Fund. Commissioner O'Brien stated the Board could look at removing the tax from TICO and funding it through the General Fund, because the Board funds a lot of things. He stated Mr. Cannon is presently paying the County approximately $3,500 a year plus 5% of the fuel sales; there is no expense for the County; if the County takes it over and mans it, he can see the County losing money on it; and inquired how will the County fund the losses. He inquired if the County is losing money on the operation, will the County shut it down. He stated right now there is a viable business paying the County rent and the County has no risk; Cannon Aviation is a good deal for the County; and everyone knows what happens when government goes into business. He stated he is sure staff will do its best to make sure it does not go into the red; and inquired if it does, what will the County do about it. He stated he hopes the Board will reconsider. Chairman Scarborough stated he was looking at it in a different way; when he was elected, the Board was told it was going to make money from golf courses; and Commissioner O'Brien may be absolutely correct. He stated when things are not really satisfactory, it is necessary to move on; this is a cancer on the County which is eating up top staff time; the issue is not being resolved which may not be Mr. Cannon's fault; but the Board has to move onto other questions that are more important. He stated if the County Manager's time is taken on this issue, he will be unable to devote time to more important issues, and opportunity costs could be lost.

Commissioner O'Brien requested the motion include that the TICO taxes will no longer be collected and the General Fund will support TICO Airport, under the same reasoning.

Chairman Scarborough stated for a long time the people in District 1 paid Port taxes; but now the Port is producing revenue, and has shifted itself over. He stated conceivably there may be a time in the near future that TICO Airport will not only be able to generate revenue sufficient to maintain its own operation, but will be a catalyst for the County to sell the industrial park which has been a drain on General Revenue funds. He stated the difference between TICO and Valkaria Airport is Valkaria has to be viewed strictly as a recreational airport like Arthur Dunn Airport. He stated if it is necessary to subsidize it to have a good operation, why should not the County subsidize it for the pilots and homeowners much like the boat launching facilities are subsidized. He stated the Board owes it to the people to make things run smoothly; and the status quo is costing the County dearly. Commissioner O'Brien inquired what is it costing the County. Chairman Scarborough responded the County Manager's time will be spent handling complaints when it could be spent on a concept of what the County could be in the future; and stated the Board needs to move forward.

Commissioner Voltz stated the airport is an asset for the County and for aviation; and inquired if the airport is abandoned, what about all the people in Valkaria who bought homes because the airport is there. She stated she does not know how many people are in the homeowners association; only a handful of people ever show up; and most of the homeowners do not come to the Board to complain. She stated if the airport is abandoned, the FAA will take it over and give it to Melbourne Airport which will develop it to its fullest potential; and then there will be a big community problem. She stated the County wanted a recreational airport, but that is not what Melbourne Airport is going to want.

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

STAFF DIRECTION, RE: ESTABLISHMENT OF WATERFOWL HUNTING PROGRAM AT PINE ISLAND CONSERVATION AREA

Chairman Scarborough stated one person requested to speak last; normally the Board does not give preference to sequential order; and inquired if the Board wants to let the speaker go last. The Board reached consensus to allow Kevin Cooksey to speak last.

William Huminski stated he is neither in favor nor against hunting; in the past a private club paid the owner for the right to hunt there; but now the property has been sold to the County for the good of all people to use it. He recommended the Board consider the pros and cons of allowing hunting, but if hunting is allowed, it should be in a way that allows no exclusive use to any one group. He stated it must be controlled by the Florida Game and Fish Commission; and the plan for the land use should be put in place before anyone goes on the property. He stated he is in favor of putting a plan together, making sure everyone is aware of the plan before it is voted on, and allowing everyone to speak and address the plan.

Terry Woxberg stated he is a member of the Pine Island duck hunters; they have an interest in maintaining the land and keeping things such as dumping, firing of rifles, etc. to a minimum; and they will be able to do this by patrolling the land at no cost to the taxpayers. He stated the land would be open on a lottery basis; 60 days during hunting season the group would be there; the rest of the time there would be no hunting by the group on the property; but the group would still be there. He requested the Board consider the options the group has presented.

Richard Schneider, President of the North Merritt Island Homeowners Association, stated since the November, 1998 meeting, the North Merritt Island Homeowners Association met to discuss the duck hunting issue; and it conducted a survey. He stated there were concerns and unanswered questions about safety of the local residents and how the hunting management would be implemented. He stated 21 people responded to the survey; there were two questions, are you in favor of people hunting on North Merritt Island, and do you favor the private group having exclusive use of the property. He stated six people said they absolutely did not want hunting; and the other 15 did not have a problem with hunting; and on the second question, all 21 people were against exclusive use. He advised of the Association's objection to duck hunting until a comprehensive management plan is available to address safety of local area residents, management control and enforcement of unauthorized access, real time control and monitoring of unauthorized firearm activity, recreational use compatibility during hunting season, consideration of County liability, and annual review of the program. He read aloud a letter from the North Merritt Island Homeowners Association advising the EEL Program should follow the management plan which calls for the Florida Game and Freshwater Fish Commission to manage hunting and fishing on the property; there should be no exclusive hunting or management rights granted to one particular organization because of concern that a precedent will be set; and some residents are opposed to any hunting or shooting of firearms in the Pine Island Conservation Area due to concerns about safety, noise, stray bullets and loose dogs. He read aloud a letter from Julia Rice indicating opposition to killing of animals in a conservation area and exclusive use of the area by one group.

Commissioner O'Brien inquired if any representatives of Friends of Pine Island attended the Homeowners meeting; with Mr. Schneider responding there was representation from both sides of the issue. Commissioner O'Brien stated the idea of exclusive use was not part of this; the group wants to facilitate safety; and it appears the Homeowners Association agrees that the duck hunting group can achieve that. Mr. Schneider stated in the first letter, there was no objection to duck hunting as long as it is controlled and limited; and now all they are asking for is a comprehensive plan. He noted there is not much high-powered rifle shooting anymore so the issue is not the high-powered rifles, but noise pollution and the safety concern due to proximity of the hunters. Commissioner O'Brien stated the group has been there for 35 years; and he has not received noise complaints during duck season; but if he lived closer in and heard the gunfire, he would not be happy either. Mr. Schneider stated his understanding was that the group was going to conduct a lottery system, but keep the north pond for its own use; and the EEL Program only is proposing hunting on the north pond. He stated there needs to be equity in whatever plan is approved so everyone has equal rights; and submitted copies of the letters.

Roger Dobson, Member of the Pine Island Wildlife Refuge Association, stated the group has been policing the area for approximately 35 years; and his objective is to provide for duck hunting and wildlife viewing at Pine Island. He stated the first priority is safety; it needs to be accessible by the general public; and their plan would provide for that. He stated this is a greater than 800-acre parcel; it has many accesses, several miles on the river; and neither the County nor the Florida Game and Freshwater Fish Commission have the resources to provide the necessary services. He stated the group has proposed that 25 responsible people administer a public hunt through a lottery system, implement handicap hunts, post the property, maintain the gates, locks and roads, maintain duck blinds on a year-round basis for public viewing, and prevent trespassing, dangerous shooting, illegal dumping, etc. He stated there is going to be a liability to the County because people will go out there no matter who is administering the program; but the group has the manpower of 25 people to provide for this. He requested use of the 40-acre pond on the northwest portion of the property; stated they would provide the security for the entire 800 acres; and people would be assigned on a monthly basis to provide the security. He stated this is not a long-term contract; they are asking for a two-year experiment; the use of the property will not be exclusive; the group will only use the property during the 60-day period; however, the group will provide security for 365 days. He stated there is precedent for this as the Tucker Ranch, Mormon Ranch, and Duda Ranch have some types of agreements with the St. Johns River Water Management District. He stated the group will promote the use of the property, and not restrict it; and requested the Board's consideration.

Michael Matthias stated he has been a member of the hunting group since 1981, and is also a Deputy Sheriff assigned to the central precinct. He stated the partnership the group is offering is a benefit to the group; but they are not asking for anything exclusive or anything that has not been done in several places in the County and throughout the State. He stated they are offering a tremendous amount of effort and money; and outlined the proposed activities. He stated they did not pay the previous owner for the rights to hunt, but provided the same service being offered for a 35-year period; and the owner was happy enough with the services provided that there was no need to charge. He advised of road work, noise abatement, and safety issues; and explained how trespassers were dealt with in the past. He stated at the last meeting, Commissioner Scarborough indicated concern about deputies enforcing things; but they do not take enforcement action; and if they see a violation, they call for a uniformed deputy. He stated they are in excess of 1.1 miles from the nearest home; with the purchase of the property, there will be no homes built any closer; the residents will hear the noise from the shotguns; but the birdshot only has a maximum range of 175 to 200 years, and will not come anywhere near hitting the homes. He stated from his home, he can hear the gunshots in the morning; he hears the gunshots from the KARS Park Gun Club; and unless the Board puts a stop to all hunting in the County, there will be gunshot noise during hunting season. He stated the group is offering a plan to help the County, help the club, and help the community; they want other people to be there hunting; and they are only asking for their share in the one small section of the property. He advised they plan to build public access and handicap blinds; the agreement is on a trial basis; and if they do not live up to their end of it, the County can throw them out, but if they do live up to their end, the group would appreciate consideration to extend the agreement.

Willard Winnett stated he was hunting in the Pine Island area before Mr. Matthias was born, and has hunted in the area for 39 years. He stated he got word that they had lost their hunting area; and advised of his nostalgia for the area. He stated he has known the members of the group for many years, some for all of their lives; and what they tell the Board is what they will do. He stated many of the members are law enforcement officers; and advised of the actions of the group to help make this a better place to hunt.

Jerome Pottudepohl stated the hunting club has been portrayed as 25 selfish people who want exclusive use of the 800-acre site for the purpose of slaughtering innocent ducks; but that is a lie. He stated hunters are conservation-minded because they understand the wildlife better, and contribute more than those who are not hunters. He stated he understands the position of the Merritt Island Homeowners Association; the group has tried to work with them; and unfortunately some of the homeowners who support the group are not present. He stated they are not trying to oppose the Homeowners group; Mr. Schneider indicated the group was represented at the Homeowners meeting; and he would like to know who it was because it was not a member of his group. Mr. Pottudepohl stated Mr. Schneider indicated one of the questions on the survey was whether the private club should be allowed exclusive use of the property; and that is not the true situation. He stated the club does want some concessions for the service that will be provided 365 days a year; that is only fair; but they also want the public to be allowed to hunt in the area. He stated the intent, if the group reaches agreement with the County, is to allow as much hunting as possible, in whatever manner the County decides, at no expense to the taxpayers. He stated all they are looking for is an opportunity to show what they can do, and have been doing successfully for the last 30 years. He stated the only people who do not think they were successful are those who trespass, have drinking parties, and shoot high-powered rifles; and they are unhappy because they cannot continue with those activities. He stated they are not there to wield guns or have confrontations; there is a strict rule that anyone who has a confrontation with any trespasser be removed from the club because there is too much chance of violence; and what they do is to go out, call a deputy, and wait at the gate.

Commissioner O'Brien inquired what gate was Mr. Pottudepohl referring to. Mr. Pottudepohl responded there is a gate at Pine Island Road; there is also a gate at the north end which they had to weld shut; and so everyone has to come out via the Pine Island Road gate. Mr. Pottudepohl noted this is unlike any other property in the County in that it has 360? access; but while some people access from the river, most use the gate.

Ronald Penn stated the residents of Pine Island do not fear for their safety in and around their homes from shotgun blasts; their safety used to be jeopardized from the poachers and illegal target shooters; but since the gates went up, that has been cut down drastically. He stated they read and hear what the EEL representatives have to say about the Pine Island Conservation Area and public access to it; outlined the listed activities; and stated they are recreational activities that do not blend well with guns in the area. He stated a few years ago his family went to the Enchanted Forest; and advised of his experience observing the wildlife. He stated a conservation area allows an area to become the natural habitats that they were with indigenous plants and animals; and that should be done with the conservation areas the County has purchased for the enjoyment of citizens to come. He inquired what does hunting do to all the wildlife, is it the intention of the County to close the area during waterfowl hunting to protect the people from the hunters, and how many other kinds of birds are shot during waterfowl season. He stated his home is approximately three-quarters of a mile from the hunting camp, based upon an aerial map of the shuttle landing strip; and advised of the noise concerns. He stated there are enough areas open for waterfowl hunting that are not in the vicinity of communities to allow ample space and facilities for all the individuals who desire to engage in the sport or food gathering activity; and this area does not need to be added to it. He stated the people going in on Patty Drive have not been stopped; they still go there with their big trucks; and he has had to call the Sheriff; but they have not heard bullets lately. He requested the Board disapprove any kind of hunting on land purchased for Pine Island Recreation Area for both safety and consideration for the community.

Pete Scabarozi stated the County needs the revenues that could be generated from the duck hunters; there are more out-of-County duck hunters than in-County duck hunters; and they need more areas to hunt in. He advised of the impact of the hunters on local motels; the group wants to keep its private hunting area that it had for 35 years with promises to police the area; and inquired if the club had it for 35 years, why have there been problems for 35 years that made it necessary to install the gates five years ago. He stated it is County property, and should go by the County standards for hunting; the Kaboord Reserve is just to the south; and everyone can hunt there seven days a week. He advised of other hunting areas; and stated there are no lottery systems or special management groups at those sites. He stated State Game Commission enforces the law, and is funded through the Duck Stamp; no more funding is needed; and advised of the presence of representatives of the State Game Commission. He stated people who shoot with rifles on Pine Island are the Sheriff's problem; and if the Sheriff cannot handle the job, maybe there should be someone in the position to handle the job. He stated when someone calls in a complaint, it should be monitored; most duck hunters carry cellular phones; and if someone sees a law being broken, all they have to do is call the Sheriff's Office. He stated they do not need a private group monitoring the property; but they do need more land to hunt on. He suggested opening the Thousand Islands again; and advised of limits on hunting in Cocoa Beach.

David Winn stated he agrees with Mr. Scabarozi; and advised of his background in the County. He stated hunting areas have been reduced and are too crowded to be safe; he intends to teach his children safe hunting practices; additional areas are needed; and adding additional areas will bring revenue. He stated he is in favor of opening the area to everyone, not just one group.

Lee Moores stated the public does need more areas to hunt; the Merritt Island Wildlife Refuge is taking steps to alleviate the overcrowding; and having additional property will alleviate the problem. He recommended a third-party group administer the lottery so it will be fair to everyone; and stated the group wants the one pond which is probably the best one there. He advised of his son's interest in hunting; stated if the Board wants to have a group control the area, he could get a group together; and recommended the Board consider other groups. He suggested a user fee for all users of the property, not just hunters.

Mark Geiger expressed support for a fee for land use; and suggested a tradeoff could be volunteer hours in lieu of a monetary contribution. He thanked Commissioner Scarborough for putting the brakes on the issue so the Board could look at the big picture in terms of liability to the County; and stated Commissioner O'Brien is doing a favor for Mr. Dobson. He inquired if Commissioner O'Brien has been on the property. He stated approximately 30 off-duty law enforcement officers would provide patrols 365 days a year in return for exclusive right to hunt on that property; and that means each officer would have to volunteer 292 hours or 5.8 weeks per year in order to hunt one season. He inquired who will the law enforcement officers be, how will he know they are out there, and if he sees something illegal going on, how will he contact the patrollers. He stated at a North Merritt Island Homeowners Association meeting it was suggested one option would be to have a mobile home occupied by a Sheriff Deputy similar to other parks and schools. He inquired why Parks and Recreation allowed someone with landlocked property access to the land from EEL property just for the purpose of hunting, and why does Parks and Recreation want to set a precedent to allow hunting on EEL property when the idea was to protect the conservation area. He stated Stormwater

Management Director Ron Jones advised this was a good purchase for the County due to the wide variety of ecosystems; and advised of the effect of gunfire on wildlife other than ducks. He read aloud definitions of "nature" and "sanctuary." He stated it is hard to fight against a Sheriff's Department, a former County Commissioner, and a present County Commissioner for a nature sanctuary for all the people, not restricted for a few people. He requested the Board not allow hunting on the land.

Chris Norwood stated he is a member of the Pine Island Duck Hunters; and people have said they are trying to get exclusive use of the land, but that is not the case. He stated they do want to hunt the land, but also want to be able to police it and provide hunting for people on a lottery basis. He noted the area is not large, and if it is opened for hunting, there could be a lot more people than should be there; and his group presented a viable plan that the County could use to allow all residents to use the property on a fair and equal basis. He stated they put up the gates and fences before the County bought the property; the property can be accessed from the river; and the gunshots are from people who hunt the property that is north of the EEL property. He stated there are shore blinds in the Indian River off the property; and shotguns can be heard from those. He requested the Board approve their plan, and allow hunting on the property.

Robert Zemaitis submitted photographs of the area; stated there are twelve blinds going from north to south; and advised of the proximity to his house. He advised of problems with Mr. Dobson's group over the past two years such as responding units not having keys to the gate or the right kind of off-road vehicle and harassment of other hunters. He stated during the duck hunting season last year a member of the Florida Marine Patrol was visiting his property when club members began discharging rifles, and they all were forced to hit the ground in fear of their lives; and the politically influential members of law enforcement can do what they want when they are on the property. He stated according to Mr. Dobson, it is necessary practice to carry high caliber weapons to protect the dogs from alligators; every year five to six large alligators are found dead in the estuary, and the County's survey crew found five dead alligators last year; and inquired who gave the hunters the right to randomly kill alligators. He stated they make up the law to suit themselves; there are sixteen large alligators at the northern end of the lake; and inquired if they will be there next month. He stated indiscriminate killing is the norm for the Duck Hunting Club; advised of the killing of protected species; and stated the individuals seeking to provide security are the ones breaking the law. He commented on the noise problems, proximity of hunters to residences, and illegal practices of members of the Sheriff's Office. He read aloud the definition of "passive"; and advised of the development of North Merritt Island. He stated he heard the twelve duck blinds will be destroyed before the County can use them if the group is denied hunting privileges; and if this occurs, it will mean the group has trespassed on County property. He requested additional speaking time; with no motion to extend time being heard.

Jeffrey Kraynik, representing South Brevard Chapter of Ducks Unlimited, stated this issue was brought forward in January, 1998; and advised of the background of the Chapter. He stated most members want duck hunting to remain open in Pine Island; he has been a duck hunter for 19 years, and it is a way of life; and every duck hunter feels the same way. He stated when they were contacted in January, 1999 about making recommendations to keep Pine Island open for hunting, they did not realize this was such a political arena; and the purpose of Ducks Unlimited is to raise money and help preserve lands for hunting and conservation areas. Mr. Kraynik stated they recommended that if duck hunting was to remain open on the property, and it was not going to be an open area, that it be run like T. M. Goodwin Waterfowl Management Area; and advised of the management of that area. He noted the Fresh Water Game and Fish Commission will have a hands-off policy if a private group is running the Pine Island program. He advised of the management of various areas, and the limited hunting allowed so as to not overpressure the birds. He stated Central Florida is one of the wintering grounds for water fowl and other migratory birds along the east coast; they come because of the habitat; and duck hunters try to protect that so the birds will continue to use those areas. He stated the South Brevard Chapter of Ducks Unlimited is in favor of keeping Pine Island open for public hunting, but does not want to get in the middle of the enforcement issue. He noted duck hunting has been going on in this area for over 40 years; there is no reason it should not continue now that it is in public hands; if it is open to hunting, the members of the South Brevard Chapter of Ducks Unlimited are willing to sit on a committee to establish a management plan; and recommended such plan either be like the T. M. Goodwin or Alhambra Water Fowl Management Areas.

Kevin Cooksey stated Pine Island has been hunted for many years; and even though it was a privately owned piece of land, the group did a decent job of managing the waterfowl, although there were concerns about high-powered rifles, trash, and threatened alligators. He stated he supports duck hunting on Pine Island; it is County-owned land; and all the duck hunters pay fees to enjoy nature, and are just as much conservationists as bird watchers. He questioned calling the area a conservation area; stated since it is government property, the government should oversee it; and outlined the management of T. M. Goodwin Waterfowl Refuge. He expressed concern about the hunting club having precedence over who will be able to hunt, the integrity of the group, exorbitant fees, confrontation on the property, and classifying of people. He stated the hunters do not restrict the use of the land; and it would be unjust if only conservationists were allowed to use the property. He stated he would like to see evidence that any hunter killed an endangered species.

Commissioner O'Brien stated Mr. Dobson came to his office about this because the group has been hunting the area for 39 years. He expressed doubt that duck hunters would shoot roseate spoonbills as they do not look alike; and stated if the hunters were scaring off the wildlife, the land would be barren by now. He stated boats in the river are two miles out in the channel; any closer than that is a no entry zone for motorized boats; and duck hunters do not use high-powered rifles. He advised of the tremendous area covered by the Fish and Wildlife officers. A speaker stated it is his understanding there is a shortage of wildlife officers at this time, there is only one person within North Brevard, and he does patrol more than Brevard County. Commissioner O'Brien noted it is a complicated matter; and he is not a hunter. Mr. Moores stated in the last two hunting seasons he has been checked by three wildlife officers in the Cocoa/Merritt Island area. Commissioner O'Brien inquired if the Board wants fees from hunters to be allowed to use the property, and will it also want fees from bird watchers or people who go to the area for eco-tourism; and stated his answer is no. He stated the hunters already paid for a hunting license; the County does not see that money; it goes to the State; and the County does not have a hunting license fee. He stated the Board wants public access to all public lands; this property is public land; and the property should be appropriately shared. He stated the Board does not want eco-tourists wandering on the property while hunters are a quarter-mile away; and it might be necessary to draw a demarcation line and designate certain days for certain uses. Commissioner O'Brien advised the members of the hunting club will not be carrying a gun and badge to arrest people in the woods; they will walk to the gate where they will use a cellular phone to call for a Sheriff's Deputy; and then they will wait for the person to come out. He stated the only problem, just like with the wildlife officer, is there is only one deputy in the zone. He stated the County's liability would be far greater if it does not do anything about getting people with high-powered firearms off the property; and there will be higher liability if people start dumping on the property. He stated the County cannot control the property; the only way to do any good is to use the 25-member club; and if they cannot make the changes, they will lose the deal with the County. He noted the club does not want exclusive rights to the property; it wants to volunteer its services; and Parks and Recreation could hold the lottery every year for the duck hunters. He stated he does not want to see the County end hunting on the property; more properties are needed for hunting; and advised of his experiences hearing hunters on Sykes Creek. He stated this affects all of Brevard County; if the Board does not take action, the situation could get worse; and suggested a two-year experiment with no cost to the taxpayers may be the way to go.

Commissioner Voltz stated it is Board policy that all government land is open for public access as much as possible; and commented on the attitude of the deputies regarding their authority. She requested staff clarify the private versus public hunting issue. Parks and Recreation Director Charles Nelson responded there was never discussion about exclusive hunting; and that had more to do with the Attorney's interpretation. Commissioner Voltz stated at the last meeting the club commented that it would take care of the whole area, but would be the only ones able to hunt on the north area of the property, with the south part open for everyone. Mr. Nelson advised he was not present at that meeting, but EEL Coordinator Ann Birch indicates that was part of the discussion. Commissioner Voltz stated it is too late for hunting this year; the issue is the same as the off-road vehicle park in that there is not enough space; and suggested having some sort of information for the public about what is available, and having some of the groups work together on the issue. She stated the County needs to limit its liability as much as possible; and inquired what kind of liability would the County be putting itself into by giving over the property to the private organization. County Attorney Scott Knox responded he expressed concerns last time; and explained the County's position in light of the opinion of Bond Counsel. Commissioner Voltz stated she does not know why the Board is discussing this if it cannot do anything because of the bonds. Mr. Knox advised the issue this evening is a decision on whether to allow hunting on the property. Commissioner Voltz stated there should be hunting. Chairman Scarborough inquired if Commissioner Voltz favors giving it to the group or more in line with what Mr. Hight suggested; with Commissioner Voltz responding Mr. Hight's suggestion.

Commissioner Carlson inquired if there is currently hunting on any County-owned property; with Mr. Nelson responding there is not. Commissioner O'Brien stated there is hunting on Merritt Island along Sykes Creek and in Cocoa Beach on County property. Mr. Nelson advised there is none on land owned by the Board of County Commissioners which is managed as park areas, although obviously there is hunting in the County. Commissioner Carlson stated it is not a question of who should hunt; she is more interested in upholding the language of the EEL referendum, which provided for protection, preservation and maintenance of environmentally endangered lands. She stated the Board needs to uphold the public trust; 60% of the voters approved that issue; and she is not willing to allow hunting on the property. She noted the Board just had to deal with a group of off-road vehicle people who were complaining that was not enough room for their activity; when the County purchased the Enchanted Forest, the off-road vehicles were excluded; and inquired if the same logic will be applied to the Pine Island area to be consistent or will the logic be changed based on history. She noted the off-road vehicle people used the Enchanted Forest for many years; they created the trails there; and they have fewer choices than the hunters do. She stated she cannot support hunting on publicly-owned property under the EEL Program.

Commissioner O'Brien stated the County does not purchase property to put an end to things such as hunting; there is a way to facilitate the people who have hunted there all along as well as other hunters; and it can be easily done through a lottery system. He stated he sees no good reason to exclude duck hunting which is conservation on its own, much the same as culling deer on Canaveral Air Force Station every two or three years due to overpopulation. He noted he is not a hunter, and cannot think of the other good reasons to continue to allow hunting on various County properties; but the exclusion is wrong.

Commissioner Voltz stated this is one of the reasons she does not support some of the County's property purchases because people are excluded; the land should be used; and if the County is preserving the land for the people in the community, then they need to allow the community to use it. She noted that does not mean the people can destroy the property; but they need to be allowed to have this kind of recreation.

Commissioner O'Brien stated right now the property is being ill-managed by the County; unless the Board takes appropriate action, the property will never be open to the public because people will go out there with high-powered rifles, dump garbage and start fires there; and it will become a junkyard. He stated the group will help the County to maintain the property and provide security; and some day it may be possible to open it for camping.

Motion by Commissioner O'Brien, to approve having the Pine Island Duck Hunters Association provide year-round security services on the Pine Island Conservation Area to provide public access to the property and achieve safety, allow the group to hunt during duck season, and direct the group to administer the lottery for hunters through the Parks and Recreation Department.

Commissioner Voltz stated it does not sound like it is open to the public; with Commissioner Higgs advising it talks about a lottery. Discussion ensued on the lottery system.

Motion died for lack of a second.

Commissioner Voltz stated she does not have a problem with duck hunting; the hunters have been doing this for years, and will probably continue to do so; and she did not support the purchase of this property because she knew something like this would come up.

Commissioner Carlson stated the EEL referendum language talks about passive recreation; and this is not passive recreation.

Commissioner Higgs stated she disagrees that the conservation lands being acquired through EELs will be excluded from hunting; there is a way to allow hunting on those properties if they are properly managed; and to date that has not been done. She stated she is open to a one-year trial period to allow hunting in the Pine Island Conservation Area; and suggested allowing duck hunting during season two days week, with a reasonable fee to cover the costs, a lottery open to citizens, and control through proper management using the Florida Game and Fresh Water Fish Commission. She stated all of the properties will have management plans in place; and the County is doing a good job of managing the properties to insure they are all properly maintained and not off limits to people. She stated from time to time, there may be some rules and regulations that are not consistent with what everyone wants to do, but that does not mean that the public cannot use the properties; and advised of various public uses. She stated she is not a hunter; but it is a legitimate use of certain public lands if managed correctly; and she recommends a one-year trial. Commissioner Voltz inquired if the one-year would include duck hunting season; with Commissioner Higgs responding yes.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize a one-year trial period for duck hunting in the Pine Island Conservation Area only, to be managed by the Florida Game and Freshwater Fish Commission, with a reasonable fee established to cover costs, and that it be two days a week and available to all citizens by lottery.

Commissioner O'Brien inquired who would establish the fee.

Chairman Scarborough stated he can support the motion, but expressed concern about the appropriate number of days; and stated the Board has not asked people with knowledge to look at this in detail. He stated he would hate to define anything at this point; he would like to have the State agency and Ron Hight back in to get a draft proposal; and that can be reviewed by Ducks Unlimited and other users. He stated the hunters do not want to see the resource destroyed; and recommended all interested parties work on a plan. He stated there is a year to work on the plan; and suggested letting those who know more about the subject than the Board does work on the plan.

Commissioner Higgs stated she was just trying to outline a plan that could move forward, would be reasonable, and would not require another meeting.

Chairman Scarborough stated groups have asked to participate; it does not mean there has to be an extended meeting; but there are issues to be defined. He stated he cannot support the motion unless it requests development of a more definitive plan from the responsible groups. He stated Commissioner Carlson wants to do nothing; Commissioner O'Brien favors going with the historical group; and he would like to know the rationale behind the number of days. He requested the Ducks Unlimited representative address the Board.

Jeff Kraynik stated there are three issues; one is whether or not the historical group should manage the property; and that should be the first vote. Chairman Scarborough noted there is no support for that except by Commissioner O'Brien. Mr. Kraynik stated the second motion should be whether duck hunting is going to be allowed on the property; with Chairman Scarborough responding there appears to be four or five Commissioners who support that. Mr. Kraynik stated the last is his recommendation to form a management committee of the various groups to come up with a plan to have in place by next duck hunting season.

Chairman Scarborough stated Ron Hight has a lot of experience with the issue; and there is time to come up with some good ideas.

Commissioner Higgs withdrew the motion; Commissioner Voltz withdrew the second.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to move forward with the appropriate groups to develop a plan for managing duck hunting at the Pine Island Conservation Area that would include a lottery system.

Discussion ensued on a name for the committee, direction to come back with a plan, and composition of the committee.

Commissioner O'Brien recommended everyone be included on both sides of the issue including the Homeowners Association. Commissioner Voltz stated anyone who is interested can get in touch with Parks and Recreation Director Charles Nelson.

Chairman Scarborough called for comments from the public.

Robert Zemaitis stated his home is only a hundred yards from the hunters; seven homeowners live on the water; and the shotgun rounds could hit them. He recommended moving hunting further north; with Commissioner Higgs advising that will be addressed in the management plan. Chairman Scarborough stated in the management plan, there can be a buffer created; it is good for this to progress slowly; and there is time to do the right thing.

Mark Geiger stated another issue which has not been brought up is stormwater management; the large lake they live on will be used as retention for the draw down of canals; and that will benefit all of North Merritt Island because the canals are interconnected. He stated it is a multiuse; there are tradeoffs; and his property is going to end up with a three-foot levee. Commissioner Voltz recommended Mr. Geiger get with Mr. Nelson. Mr. Geiger stated he did not want to be involved in this; but he does have ideas for volunteer groups that are not hunters. He stated he is a fisherman; and there are other activities in the area. Commissioner O'Brien sated the Board wants that included as well.

Mr. Nelson advised he can be reached at Parks and Recreation Department, 633-2046.

Mr. Matthias stated the club's primary goal has been accomplished tonight because duck hunting will be kept open; although the fact that they will not be managing the land is a loss. He requested an opportunity to look at Mr. Zemaitis' pictures; and stated the pictures are of a borrow pit directly behind Mr. Zemaitis' house, and it is another half mile to the ponds where people duck hunt. He stated in the last 18 years there has not been a duck hunter on the borrow pit because there is no food for ducks and ducks do not frequent that pond; and if Mr. Zemaitis is proposing that this is where duck hunting is taking place, he is mistaken or trying to influence the Board in a different direction.

Chairman Scarborough noted there will be plenty of opportunity to define those issues. He called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Voltz voted aye; Commissioner Carlson voted nay.

Chairman Scarborough inquired about the type of framework to come up with the plans; with Mr. Nelson responding based on the Board's direction, he will get the groups together including the Game and Fresh Water Fish Commission, Ducks Unlimited, and other interested parties for a general meeting to begin the process; and the process should not involve more than three meetings.

Discussion ensued on the committee, the process, and bringing the plan before the Board by July or August, 1999.

Mr. Scabarozi recommended the committee include some local duck hunters because they know the area. The Commissioners encouraged Mr. Scabarozi to contact Mr. Nelson.

Upon motion and vote, the meeting adjourned at 9:53 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)