MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 7, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 7, 2006, at 5:05 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, Mary Bolin, and Chairperson Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Morrison Richardson.

 

The Invocation was given by Reverend Olshevsky, St. John the Evangelist Catholic Church.  

 

Commissioner Nelson led the assembly in the Pledge of Allegiance. 

 

 

 

Commissioner Bolin appointed Wasim Niazi to the TICO Airport Aviation Board of Directors.  She noted Dr. Niazi’s term is effective immediately.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the 2007 Board of County Commissioners meeting schedule.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize advertising and scheduling of an Executive Session for December 12, 2006, at 11:30 a.m. or as soon thereafter as possible, to discuss strategy related to litigation regarding Stack, et al v. Brevard County.  Motion carried and ordered unanimously.

 

 

Chairperson Colon stated the Board is blessed to have Commissioner Bolin and Commissioner Nelson on the Board; she is excited for the next year; and the Board has some exciting and challenging things to look forward to.  Chairperson Colon recognized Aides of all Commissioners and expressed appreciation to the Aides for their hard work and dedication.

 

 

Commissioner Scarborough stated he would like to thank everyone who helped make the open house presentable, as it is a construction site, and they did a magnificent job.  Chairperson

Colon stated the Board has an incredible staff who are very professional, and that is critical to the County organization.

 

 

ITEMS TABLED OR WITHDRAWN FROM AGENDA

 

Zoning Manager Rick Enos stated there are two items that have been requested for tabling and two items that have been withdrawn; items VI.A.1. and VI.B.4. are requested by the applicant to be tabled until the February 1, 2007 meeting; and items VI.A.2. and VI.B.7. have been withdrawn by the applicant. 

 

Item VI.A.1.  (PSJ60102) Melvyn R. Yusem, Trustee’s request for Small Scale Plan Amendment (06S.2) to change the Future Land Use map designation from PLNIP to Residential 6; and change from PIP to RU-2-6 on 9.69 acres, located north of Curtis Boulevard and west of the FECRR, which was recommended for denial by the LPA and Port St. John Dependent Special District Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item VI.A.1. to the February 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item VI.B.4.  (Z0611104) Roper Harding Titusville Partnership’s request for a change from RU-1-9 with an existing Binding Site Plan and AU to all RU-1-9, with removal of the existing Binding Site Plan on .080 acre, located on the northeast corner of Holder Road and Parrish Road, which was recommended for approval by the Planning and Zoning Board (LPA).

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item VI.B.4. to the February 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Item VI.A.2.  (Z0604101) Diane Teague’s request for change from RR-1 to RP on 2.98 acres, located south of intersection of Windover Way and Columbia Boulevard, which was recommended by the Planning and Zoning Board to be tabled to the May 8, 2006 Planning and Zoning Board meeting and the November 2, 2006 Board of County Commissioners meeting.

 

Withdrawn by applicant.

 

 

Item VI.B.7.  (Z0611301) Lena Vesnaver’s request for a Small Scale Plan Amendment (06S.26) to change the Future Land Use Map designation from Neighborhood Commercial and Residential 2 to Community Commercial and a change from RU-1-7 to BU-2 on .96 acre, located on the west side of Tucker St. at the western terminus of Rose Avenue.

 

Withdrawn by applicant.

VI.A.6.  (Z0610401)  The Diocese of Orlando’s request for a change from AU to IN(L) on 20 acres, located at the northeast corner of Murrell Road and Crane Creek Boulevard, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.A.6. as recommended.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon called for the public hearing of the recommendations of the Planning and Zoning Board of November 6, 2006 and North Merritt Island Dependent Special District Board of November 9, 2006

 

VI.B.1. (Z0611101) Patrick A. and Melisa J. Close’s request for a change from GU to RRMH-1 on 2.7 acres, located on the south side of Aurantia Road, approximately 1.25 miles west of U.S.1, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.1. as recommended.  Motion carried and ordered unanimously.

 

 

VI.B.2.  (Z0611102) William C. Connolly’s request to change from AU to RR-1 on 1.9 acres, located on the north side of Grantline Road, east of U.S.1, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.2. as recommended.  Motion carried and ordered unanimously.

 

 

VI.B.5.  (Z0611201) Victoria Square Partners, LLC’s request for a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in BU-1 zoning on .20 acre, located east of N. Courtenay Parkway and south of Diana Boulevard, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.5. as recommended.  Motion carried and ordered unanimously.

 

 

VI.B.6.  (NMI61101) James P. (Jr.) and Jackie Ann Brooks’ request for change from AU to RR-1 on 3.01 acres, located north of Chase Hammock Road, east of Mallard Lakes Court, which was recommended for approval by the Planning and Zoning Board.

 

 

Commissioner Nelson stated it is his understanding the applicant wants two units on the property, but the zoning allows three units; and inquired if the applicant would commit to two units as part of the approval.

 

John Campbell, representing the applicants, stated the applicants only want to secure two sites where the Brooks’ home is, plus one additional site.  Zoning Manager Rick Enos inquired if the Board would like a binding development plan limiting the parcel to two units; with Mr. Campbell responding the property is only 2.8 acres, and they cannot get three units anyway. 

 

Mr. Enos stated there was a question as to whether it may be a little more than three acres; with Mr. Campbell responding the survey states 2.8 acres.  Mr. Enos advised if the survey is less than three acres then a binding development plan is not needed.  Commissioner Nelson inquired if the applicant is agreeing to two units, is that a binding development plan or can it be done as part of the motion; with Mr. Enos responding if the survey shows less than three acres, a binding development plan will not be done, and if it is more than three acres a binding development plan will be done. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.6. as recommended.  Motion carried and ordered unanimously.

 

 

VI.B.8.  Brevard County Board of County Commissioners request to authorize a Small Scale Plan Amendment (06S.27) on property owned by the City of Melbourne and to change the Future Land Use Map designation from Community Commercial to Public Facilities and a change from BU-1 with existing Binding Site Plan to GML(H) with removal of existing Binding Site Plan on 1.1 acres, located on the south side of Pineda Causeway, east of Wickham Road, which was recommended for approval by the LPA and Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.8. as recommended; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Twenty-Seventh Small Scale Plan Amendment of 2006, 06S.27, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled contents of the plan; specifically amending Section 62-501, Part XVI (E), Entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.  

 

 

VI.B.9. (Z0611402) Casabella Development, LLC’s request for change from AU to RU-1-11 on 12.64 acres, located west of Wickham Road and north of Casabella Place, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.9. as recommended.  Motion carried and ordered unanimously. 

 

 

VI.B.10. (Z0611403) Ronald D. and Norma D. Levy’s request for change from AU to BU-1-A on 6.46 acres, located on the west side of Wickham Road, north of Casabella Place, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.10. as recommended.  Motion carried and ordered unanimously.

 

 

VI.B.11. (Z0610105) Dennis Chambers’ request for change from RU-1-9 to RU-1-11 on .51 acre, located on the south side of Main Street, east of Mitchell Avenue, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.11. as recommended.  Motion carried and ordered unanimously.

 

 

VI.B.12. (NMI61001) Brevard County Board of County Commissioners’ request for administrative rezoning on property owned by Florida Inland Navigation District, to change from AU to GML(H) on 95.81 acres, located on the east side of Tropical Trail, north of Porcher Road, which was recommended for approval by the North Merritt Island Dependent Special District Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item VI.B.12. as recommended.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon called for the public hearing to consider tabled items.

 

Assistant County Attorney Morris Richardson advised each applicant is given 15 minutes to speak; each subsequent speaker has five minutes to speak; and the applicant can reserve a portion of his or her 15 minutes to rebut at the end of an item.

 

 

Attorney David Larkin, representing the applicant, stated the Board may know the area in question because Healthfirst and the Stevens Family own a large industrial warehouse to the south of the property; and there is a current of commercial directly to the west of the property.  He stated he has handed the Board an outline of what he considers to be significant issues that are also inserted in the staff comments.  He stated when the applicants bought the property and before they went to closing, they sent a letter to 19 residents that lived in the area; the letter is dated March 25,  2006; and  it notified the  surrounding  owners  of the property of their intended

use and development of the property.   Mr. Larkin advised the applicants obtained a majority of consents and acquiescence in their intended use; they did not, at any time, receive any objections; and they went ahead and purchased the property.  He stated to the south of the subject property is BU-2 zoning, which is the zoning the applicant is seeking; to the west of the property is also BU-1 and BU-2 zoning, which is also commercial zoning; and the only residential zoning remaining in the district is directly across the street.  He noted the Future Land Use for the property is either Neighborhood Commercial or Community Commercial, all of which permits the construction of a storage facility, which his clients intend to construct upon the property; and they intend to put commercial storage for boats, RV’s and things of that nature on the property, which is in accordance with the BU-2 zoning.  He stated the aerial view of the property shows a good view of the property and the commercial nature of the surrounding properties, including the large industrial warehouse to the south and the commercial building to the west, which is subject to multiple commercial uses at this time.  He noted of significance is staff recommends highly the rezoning of the property because of the Future Land Use Designation on the Brevard County Future Land Use Plan; there is no reason for not rezoning it to BU-2 because of the intended commercial use; one of the conditions staff has requested is a binding site development plan; and the proposed development plan as set forth contains a binding replanting agreement due to the clearing of the property that his clients did.   He stated the agreement with the County Attorney’s Office, and ultimately, the County Commission is pending resolution of the rezoning of the property; and the intended use has very little impact on the surrounding uses.  He stated Commissioner Bolin expressed concern on the paving of Freeman Lane; it is his understanding that road is on the list of roads to be paved in the near future by Brevard County; and he thinks that addresses the Commissioner’s concerns.  He noted the subject property is substantially surrounded by commercial uses currently; it has a Future Land Use designation for future commercial use; the intended binding site development of the property has a very low impact on surrounding properties, including any residential use across the street; and for those reasons, he thinks it is within the best interest of the County to rezone the property at this time. 

 

Commissioner Voltz stated she understands a home is being built on the property across the street and to the north of the subject property; with Mr. Larkin responding a home already exists on the property; the aerial photo shows the existing two homes that are directly across the street; one is substantially surrounded by a wooded area; and there is a completed home directly across the street. 

 

Zoning Manager Rick Enos stated at the time the application was filed, the home was being built; and now it is completed.

 

Commissioner Voltz inquired if the applicants want to put boat storage across the street from the two homes; with Mr. Larking responding affirmatively.  Mr. Larkin stated the existing use on the property before the applicants purchased it was a hazardous use by the previous owner; the Board may recall there were a number of dogs on the property; and there were numerous Code violations that existed.  He noted at the time, before the property was purchased, the applicants sent letters to the owners across the street, and met with the homeowners across the street; they did not propose any objections to the intended use at that time; and it is his understanding the neighbors objected at the Planning and Zoning meeting, but the Planning and Zoning Board did recommend approval over their objection. 

 

Commissioner Voltz stated if she lived across the street she would not want to see boat storage across the street from her; there is no access other than a dirt road; and she thinks every dirt road in Brevard County will eventually be paved in the future.  She stated she will not support the request because she thinks the applicant should wait until the road is paved, and when there is road access to the south.  Mr. Larkin stated it is his understanding that there is not access from the south; they would have to obtain an easement from another property owner; and it has been looked into, but it has been denied. He stated it is his understanding that Freeman Lane is one of the next roads to be paved; staff may be able to comment on that; and literally, it is top on the list of roads to be paved.  He stated the homes that exist were purchased in a generally commercial area; and the future land use on both properties across the street is Neighborhood Commercial, not residential.  Commissioner Voltz stated she believes the issue is with access.

 

Commissioner Nelson stated he is also concerned about the paving of Freeman Lane; and traffic on a dirt road on a daily basis would be an issue.  He stated he read in the minutes the property owners are interested in doing boat repair and fiberglass repair on site; with Mr. Larkin responding Sun Harbor Investment Group used to own Sun Harbor Marina; they do not intend to provide any type of boat repair on site; the intent for the property is a storage facility; and the draft Binding Development Plan does not allow for commercial repairs. 

 

Commissioner Bolin stated it is her understanding that facing the road will be storage; any boat storage will be behind that; and anyone traveling on the road would see just the buildings.  Mr. Larkin stated there will be general storage in front of the property with any type of boat or RV storage in the rear of the property, abutting the Healthfirst industrial building.  He noted the staff person he spoke to in regards to paving Freeman Lane is Keith Alward, Manager of the South Area Maintenance; and Mr. Alward is the one who said Freeman Lane is one of the next roads to be paved in Brevard County.  Commissioner Bolin stated she did get confirmation that Freeman Lane is high on the list to be paved. 

 

Commissioner Voltz stated it bothers her that Freeman Lane is a top priority road to be paved because it is an obscure road; there are many road projects; she wonders why that road would be paved; and she would like an answer from staff.  Commissioner Voltz inquired if the other commercial property is on the dirt road; with Mr. Larkin responding it is all on the same road. 

 

Kim Sisko stated if the Board looks at the aerial view, it will see that the property owner across the street clear-cut his lot; and inquired if this request is an issue to him, why would he have done that knowing the back part of his property was commercial.  Commissioner Voltz stated the issue is with the dirt road. Ms. Sisko stated the property owner across the street has a bay lift storage; he works on race cars; and that is why he built his house in that area.  She noted the property owner on the front part of Freeman Lane stated once the road is paved, he is completely accessing it; Freeman Lane will be access to commercial property; and the applicants are not the only ones asking for it.

 

Commissioner Nelson stated his position on the request is the road itself; if the County is going to be building the road in a reasonable period of time, then he is okay with it; but if not, he has some real concerns with the project; and inquired what opportunities the Board has to deal with that.  Mr. Enos stated if the applicant were to agree, through a Binding Development Plan, to not begin construction until the road is under construction, that would be one way to do it; and another way would be to table the item and let staff verify the timing on the improvement of Freeman Lane. 

 

Chairperson Colon stated the Board can either table the item or approve the request with a Binding Development Plan.

 

Commissioner Bolin inquired what in regards to a dirt road is the problem, and is it the dust; with Commissioner Voltz responding commercial property on a dirt road is not something that the Board likes to do.  Commissioner Voltz stated if the Board could potentially tie the development of the property to the pavement of the road, she would support that; and inquired if that can legally be done.

 

Assistant County Attorney Morris Richardson stated because there is no established concurrency issue with the road, the two options Mr. Enos referenced are the only way to go with regard to trying to tie the development of the property to the construction status of the road.  Commissioner Voltz inquired if the Board can ask the applicants if they would agree to that; with Mr. Richardson responding absolutely.

 

Mr. Larkin stated one of the conditions to staff approval was that there be a binding site plan for the property; his clients are assured from staff and the road manager that the road is close to the top of the list; and they would be willing to tie the site development plan on the contingency that the road be built before any certificate of occupancy or certificate of completion is issued.  He stated if that is done, his clients cannot open for business until there is a road.  He noted the business will not have people coming in every day with big trucks to haul in and out; customers will only be coming to the property to deliver stuff to put in their storage facility or to drop their boat off on a Sunday; the commercial activity to the north of the property is significantly greater; and there are dirt roads all through the area.  He stated he understands the concern, but there will not be large rock trucks going into the area daily; there may be cars pulling boats; and staff states in the report that it is not a high-impact use for the area.  He stated his clients would be willing to tie the ability to open for business to the paving of the road.

 

Commissioner Voltz stated she can support that.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Item VI.A.3. with a Binding Development Plan, with a Concept Plan, with the ability to open for business upon the paving of Freeman Lane; and adopted Ordinance No. 06-63 amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the fourteenth Small Scale Plan Amendment of 2006, 06S.14, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled contents of the plan; specifically amending Section 62-501, Part XVI(E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.

 

 

VI.A.4.  Hilltop Holdings, LLC and Mohan and Shereen Ramkissoon’s request for change from AU to RU-1-11 on 19.5 acres located north of Main Street, east of U.S. 1, which was recommended for approval by the Planning and Zoning Board.

 

Loys Ward stated this request was tabled in order to meet with the East Mims Progressive Civic League; and he does not have a binding development plan, but he verbally agreed to abide by one.  He noted he has prepared a draft binding development plan and a conceptual plan of the property, which is located on the north side of Main Street, east of the higher-developed East Mims Community; and his client is asking for RU-1-11 zoning with a cap of three units per acre.  He noted on the binding development plan his clients have agreed to a density of three units per acre;  a minimum of 20%  of the units will be affordable  housing, and Florida A Grade or Florida

Fancy landscaping, and no residential driveway connections to Main Street.  He stated the other conditions in the binding development plan are the standard County language. 

 

Shawn Harris stated at the last meeting the Board directed the applicants to meet with the East Mims Community Group; the applicant came to a meeting, but in his opinion it was not a very fruitful meeting; the applicant brought to the meeting a layout of what they are proposing to do; and they sent a draft copy of a very vague binding development plan.  He stated he does not know enough to say whether it is compatible with what they are trying to do in the area because there were many unanswered questions.  He requested the Board table the item until the East Mims Group can go through the process and find out exactly what it is the applicant wants to do.

 

Chairperson Colon inquired if Mr. Harris felt questions were not answered at the meeting between the applicant and the East Mims Group; with Mr. Harris responding he felt it was only a formality because the Board directed the applicant to meet with the Group; a lot of the specific questions that were asked were answered vaguely; and he hates to waste the Board’s time, but he feels that is what happened at the meeting with the applicant. 

 

Fred Kusterer stated he is here to support Mr. Harris.  He stated Attorney Kim Rezanka was at the same meeting representing Item VI.B.4.; and there was more of an agreement with her clients than there was with Mr. Ward and his clients.   He stated he feels there is plenty to be worked out and the item should be tabled.

 

Chairperson Colon inquired if it would be appropriate to have everyone meet with him; with Commissioner Scarborough responding he has not yet met with Mr. Ward, but he was part of the discussions with Ms. Rezanka in trying to facilitate comments.  Chairperson Colon inquired if Commissioner Scarborough would have a problem in making sure everybody meets; with Commissioner Scarborough responding he would be pleased to. 

 

Assistant County Attorney Morris Richardson requested the applicant contact staff about the binding development plan and work out language about the affordability component.  Commissioner Scarborough stated Mr. Kusterer met with Gay Williams from Housing and Human Services Department and others who are putting together the affordable housing ordinance; and in January Mr. Kusterer is going to have that group talk to the Mims Group.  Commissioner Scarborough noted the Board is asking for affordable housing at 20%, but at 30%  it  shifts  from  being  mandatory  to  being a  bonus of 25%; Housing and Human Services

Department is concerned the Board is pushing people to the threshold that with an additional 30% they will automatically go to 30%; and that they are basically classifying all of Mims as affordable housing and it may become a detriment to the classification of the community.  He noted he would forgo any detailed discussions until the community gets a handle on what Ms. Williams is doing with the Ordinance.  Commissioner Scarborough stated there is a difference between affordable and workforce; and it appears to be density driven but there are also components that allow for smaller units.  He stated it is a complex issue; the Commission should be hearing it at the end of January; and the Mims Community is taking a personal interest and will be working with Ms. Williams’ staff.  Chairperson Colon stated it would be important to have those people come to the next zoning meeting. 

 

Loys Ward stated his client did not invent the 20% affordable housing; they were asked by the community to have that as a condition; two of the neighboring properties were rezoned with that same language; and he is being asked to commit to 20% affordable housing. 

 

Chairperson Colon stated if the Board approves rezoning for one, then everybody will be held to the same standard; it is asking that of everybody; and the definition of affordable housing and workforce housing needs to be clear because some people are probably under a misconception of exactly what affordable housing means.  Commissioner Scarborough stated the Mims Group wants to know if the Board will require the 20% with all the residential rezonings throughout the County; with Chairperson Colon responding Mims is not any different; had this application been in South Brevard or Viera, the Board needs to hold everyone to the same percentage; and it is not anything unique to Mims.  Commissioner Scarborough stated the citizens are concerned Mims will become the affordable housing community of Brevard County; with Chairperson Colon stating unfortunately, affordable housing is $250,000, which was unheard of three years ago; the Board needs to be speaking to workforce housing; people have to be able to qualify for the homes and have excellent credit and be able to afford it; and it is not as if anyone can come in and qualify.   She noted Mims is not going to be unique to anybody else; and that is a message that needs to be clear to anyone who is coming before the Board.

 

Commissioner Voltz stated she disagrees with the 20% rule; she does not know if the Board can legally request a developer to put in 20% of affordable housing; and this is an issue the Board needs to work on.  She commented it is the Board’s issue when it comes to rezoning; and it can look at densities, but telling someone they have to make 20% of their property affordable housing is wrong and may not even be legal.  Mr. Richardson stated there is some flexibility in the Comprehensive Plan but not much; right now the ordinance is still in the drafting stages; his understanding from Planning and Zoning, and Housing and Human Services Department is that it will be a voluntary ordinance; and people can opt to get density bonuses.  He noted there is no law at this time that enables the County to say that all applicants must comply, but legally the Board cannot require something of that nature.

 

Chairperson Colon stated requesting a rezoning is a privilege and not a right; and when the Board votes, it makes sure it looks at the needs of the community and takes that into account.  She noted it is key to make sure the ordinance is approved; and instead of discouraging something like this, it should be encouraged and have people work with the Board to see what kind of percentage is fair.

 

Commissioner Voltz stated the Board needs to encourage everybody to do affordable and workforce housing; zoning is a privilege and the Board does not have to approve anybody’s zoning whatsoever; but it needs to strongly encourage the issue.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item VI.A.4. to the Board of County Commissioners meeting on February 1, 2007.  Motion carried and ordered unanimously.

VI.A.5. T&L Management Group, LLC’s  request for change from IU and AU to PUD on 148 acres located at the intersection of Cuyler Road and Hammock Trail, south of Main Street, which was recommended for approval by the Planning and Zoning Board.

 

Rodney Honeycutt, representing the applicants, stated first there was a Comprehensive Plan Amendment on the property; it then went through the PUD process; those things have taken a long time and five or six hearings; and the requests have always been unanimously approved by the Board.  He stated the project is multi-family on the Indian River in East Mims with condos along the river and single-family to the west; and the applicants have met with the community several times along with County staff.  He noted the project offers a lot to the community; it provides stormwater treatment that was not there; it helps clean and enhance the Indian River Lagoon; it provides public recreation; removal of exotic species; and removal of wetlands.  He stated the project is linear along the Indian River and possibly expanding south to Sandpoint Park; and the project to the south of the subject property has been funded by several agencies including the St. John’s River Water Management District, Brevard Community College, Parrish Medical Center, and others.  He stated his client is proposing to privately fund the entire project at his cost and dedicate the property; and that is a good thing to provide to the community.  He advised his clients have agreed to the requests of the community, which include a parking area for the Chain of Lakes amenities, an area of lots to be built as attainable housing, and paving and landscaping of Cuyler Road and Hammock Trail. 

 

He stated on November 30, 2006 the EEL’s met, approved and accepted the property his clients offered to it; in addition to the 38 acres, there is approximately seven acres on the east side of the railroad track that would also be dedicated to EEL’s; and that would be 35 to 40 acres dedicated to EEL’s fee simple.  He stated a concern at the last meeting was construction and maintenance of the stormwater pond; the applicant is going to fully construct the entire pond and dedicate it to the County; and still agree to maintain the pond.  Mr. Honeycutt stated also a concern at the last meeting was affordable housing; he found a draft ordinance and met with County staff; the ordinance offers a bonus density incentive if the builder agrees to provide 30% housing, either affordable or workforce; and he calculated those numbers to be $200,000 to $250,000 per unit.  He stated he will commit to the Board tonight that he will provide a minimum of 20% of workforce housing; there will be units that are mixed in with other units and not in a certain area; it will be good for the community; and he will commit to stay with the number of units being asked for and will provide the 20% workforce housing.  

 

Shawn Harris stated he supports the project 100% and would request that the Board approve the request.

 

Sherryl Emmons stated she supports the rezoning request; the project will be utilizing open space; and this is an area of the County that can be improved by this development.  She stated it is reassuring to have a developer who is concerned with the community.

 

Debbie Day stated she supports the request and agrees with Ms. Emmons.

 

Maureen Parent read into the record a letter from Dean Petit of Titusville.  The letter stated Mr. Petit supports the rezoning of the subject property; the applicant has shown a willingness to work with the local residents and the general public; the applicant is working with EEL’s to donate a critical portion of wildlife habitat to the program; the stormwater facilities are to be modeled after the Chain of Lakes project in order to protect the Indian River Lagoon and provide another outdoor recreational facility; and the project is a prime example of the public good that can be achieved when members of the development community choose to engage the local citizens in an honest and positive manner.

 

Fred Kusterer stated he supports the project, and it is good to see a developer work with the community.

 

Laurilee Thompson stated she supports the project; she grew up on the Indian River Lagoon and can remember fiddler crabs and horseshoe crabs along the shoreline; those things are no longer in the lagoon anymore, especially on the south end; on the north end of the lagoon the water quality is still in pretty good shape because of the Kennedy Space Center and the Merritt Island National Wildlife Refuge; and with the purchase of thousands of acres on the east side of the lagoon there has been no development and therefore no stormwater runoff.  She stated another reason the water is good at the north end of the lagoon is because when Mr. Flagler built the F.E.C.R.R. he built it so close to the shoreline of the lagoon, it was logistically impossible to build between the railroad track and the river; fortunately the dredging laws came into effect in the 1970’s before the growth and development had occurred north of Titusville; and there has only been one dredge project done in North Titusville and it was done by her dad.  She noted since the City of Titusville stopped dredging in the Lagoon, there has been a dramatic increase in the water in the north end of the Lagoon; development is coming to the north end of the County; and a lot of thought has gone into the Chain of Lakes project and stopping water from coming out of the urban area of the north end of Titusville, but there is nothing for stormwater towards Mims.  She stated there is a private developer who wants to invest his own money to establish a stormwater system that will not only treat his own project, but will take care of the stormwater coming out of the east side of Mims; and the developer has set a precedent for other developers and now other developers can be asked to follow suit.  She stated she would like to ask the Board to approve the project and also give EEL’s permission to take the 34 acres. 

 

Commissioner Voltz inquired on the eastern half of the buildings themselves, how far are they from the river; with Mr. Honeycutt responding a few hundred feet.   Commissioner Voltz inquired if Mr. Honeycutt plans to move Hammock Trail; with Mr. Honeycutt responding affirmatively; and he will have to come back to the Board to vacate the prescriptive right-of-way and build a new road before it can be recorded.  Commissioner Voltz inquired of the acreage being given to EEL’s; with Mr. Honeycutt responding approximately 37 acres.

 

Commissioner Nelson stated he would like to commend Mr. Honeycutt and Mr. DeLoach because it is a tremendous project and the property has been turned into a tremendous asset and amenity to the community; he thanked them for working with the community as they did; and noted when that can be done a project can develop that will benefit everyone.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item VI.A.5. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  

 

 

Chairperson Colon stated this is a good example of what the Board wants to see in the community the kind of partnership the Board must encourage; it is a model for what is coming; and it is also setting a standard for what the Board is going to be encouraging.  She thanked the citizens involved.  Commissioner Scarborough stated he is proud of the community he represents tonight. 

 

 

 

VI.B.3. (Z0611103) Rolando L. and Alinas Cabezas, and Mohan and Shereen Ramkissoon’s request for change from AU and IU to RU-1-11 on 23.66 acres located east of Hammock Road and south of Cuyler Road, which was recommended for approval with a Binding Development Plan by the Planning and Zoning Board.

 

Loys Ward, representing the applicant, stated he and his clients would be comfortable with a tabling of the item.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item VI.B.3. to the February 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.  (See pages                                                      for Zoning Resolutions.)

 

 

The Board recessed at 6:30 p.m. and reconvened at 6:45 p.m.

 

 

County Manager Peggy Busacca stated this request has been provided by the Washington Nationals;  the  Board has provided that $2.6  million would be utilized for various improvements at the stadium; and since that time, staff has come back to the Board to ask that one additional improvement be added.  She stated the Nationals have now asked for seats to be changed; the Nationals have a February deadline; it is anticipated that no additional monies be required, but just to add this to the list of priorities; and it would be a high priority in the event that additional monies are needed for the bottom priorities that relate to carpet, in which case they would have to come back before the Board.

 

Chairperson Colon inquired if the money is already there, and if it is just a matter of prioritizing; with Ms. Busacca responding affirmatively, and that the money is from the tourist tax, and not General Fund.

 

Commissioner Nelson inquired if there is a Board policy about certain dollar amounts on the consent agenda; and if the Board would want to consider a limit on the dollar amounts on the consent agenda, as there has been criticism that the Board is not being honest about those items.

 

Chairperson Colon stated it is something the Board should probably put on the agenda, as it is a good idea for the Board to discuss it.  Commissioner Voltz inquired if the Board already has a policy regarding what is put on the Consent Agenda, as far as dollar amounts; with Ms. Busacca responding she is aware of one policy relating to consent as it relates to property acquisition; and that is that all sales of property will go under New or Unfinished Business.  She noted she believes there has been an informal policy of anything of $1 million or more would not be on the Consent Agenda.  Commissioner Voltz stated she remembered the Board deciding there would not be anything big on the agenda; with Ms. Busacca responding that was strictly related to the land acquisition policy; and in this instance there was no additional money.  She stated putting things on Consent makes sure things get to where they are going ahead of time and that they cannot be added at the last minute; there is a measure on consent where people have an additional notice that may not be available under New Business, which can be added up until four or five days before the meeting; and she would be happy to put the issue on the agenda.

 

Chairperson Colon stated it can put the issue on the agenda and discuss it further. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve as an additional capital improvement item the replacement of stadium seating at Space Coast Stadium to the Capital Improvement Listing approved by the Board on October 31, 2006 and November 14, 2006.  Motion carried and ordered unanimously.

 

 

Matthew Blush, Lerner Enterprises, thanked the Commission for all its help since the baseball team moved to Viera; stated the Washington Nationals are excited about being here; he has given the County a preliminary budget that shows they have enough funds in what has been allotted to do all of the work that has been discussed; and he is not looking for additional funds.  He invited everyone in Brevard County to come to the Imperial Hotel to meet Manager Manny Acta, who will be signing autographs. 

 

 

Assistant County Attorney Morris Richardson stated Commissioner Voltz first voiced a concern for a stop-gap measure at the Valkaria Airport; and he will let her introduce the item.

 

Commissioner Voltz stated she is not sure what Mr. Richardson is talking about; Airport Manager  Steve  Borowski came to her; she had  nothing to do with the issue, and has been out

of the loop.  Mr. Richardson stated staff brought the issue to Commissioner Voltz’s attention and she brought it to the County Attorney’s Office’s attention in addition to the appropriate authorities.  He stated staff is requesting the Board authorize the Airport Manager, when appropriate, to sign Brevard County Sheriff’s Office Trespass Warnings; the Airport Manager would not be issuing the warnings, as they are issued by the Sheriff’s Office; and the Airport Manager would sign the warning as the authorized agent of the County for the Airport.  He stated the warning is not an arrest warrant, it is not something that will result in someone immediately going to jail; once it is served on someone, he or she is put on notice they are no longer an authorized person who can enter the Airport property; and there is no vested right to enter the Airport property.  He noted the FAA has made clear there is no right-to-access for non-aeronautical users; and rights can be restricted as may be necessary to address security concerns.  He advised of instances in which the Airport Manager would exercise the authority to sign a Trespass warning.  He stated one case is when there is probable cause to believe someone has committed criminal trespass in a secured area of the airport that is properly posted; and that is the only authority staff is requesting for the Airport Manager.  He stated it is an odd situation that it has to be requested; routinely, throughout the County, other members of staff sign trespass warnings; Parks and Recreation staff do this already, as well as SCAT supervisors, bus drivers, and librarians; and they all have occasion, once in a while, to sign off on a Sheriff’s Trespass Warning.  He commented fast food restaurant and retail managers in the private sector have the authority; and it is no great power or anything that is unheard of.  He stated it is being requested for the Airport Manager because when he was asked what he can do to make sure the Airport is as  secure  as it can be,  he  found  an  outdated  policy  that  preexisted  the  terrorist attacks of September 11, 2001; that policy is a bit ambiguous, as it does not provide for express trespass authority; and it seems to promulgate authority to somewhat less than that.  He stated that rather than have the Airport Manager’s authority questioned, what needs to be done is to get the authority from the Board of County Commissioners so there is no question as to what he is authorized to do. 

 

Commissioner Voltz stated she was out of town when this whole thing happened; Mr. Borowski called her and told her he had talked to Mr. Richardson; and she wants it put on the record that she had nothing to do with any of this, or suggesting anybody call anybody.   Mr. Richardson noted Commissioner Voltz did not have anything to do with the item on the agenda or with the Policy; stated Commissioner Voltz only asked him to look into the situation and what could be done; and he did not mean to imply the agenda item originated with her.

 

Curt Lorenc inquired why the Board is being asked to consider giving the Valkaria Airport Manager new powers to issue trespass warnings at the Airport; inquired if there is a documented history of trespass at the Airport in the past year or two; inquired if the Sheriff’s Department has not done an effective job; have they not responded to trespass warnings; and is there any reason not to leave it up to the Sheriff’s Department.  He inquired if the issue is a political issue; and inquired if it is an  issue  that may be use to intimidate or to possibly restrict a person’s right to freely come to a meeting and speak to any issue on the agenda.  He stated truth and accountability is an important factor when any staff member is given new powers; he would like to remind the Board there was an agenda item on this issue where the facts were highly questioned; there is a staff member making an agenda item with facts that do not seem to

be credible; and inquired if it would be wise to give that person new powers.  He stated he would like the Board to consider if it is wise to have someone other than a police officer to go up to a person and ask for identification; no one ever knows who they are walking up to or what may happen.  He commented some people can be difficult sometimes and there are certain issues they feel strongly about in their community; they are working for the good of their community; and he does not feel the right to speak before the elected body should be infringed or intimidated.  He requested the Board vote against the issue.

 

Janis Walters stated most of the Board knows who she is, what she does, and why she does it.  She stated some members of the Board may not like her or what she has to say, and finds her and others like her irritating and inconvenient; but every week at least one person thanks her for standing up for her community as a citizen activist; and it is her right, and the duty of every citizen to do so.   She stated she is here because the Board is being asked to delegate authority to issue trespass warnings to the Valkaria Airport Manager; and the Board is asking that the warnings be issued on sheer suspicion rather than actual violation of the law.  She commented the current version of the agenda report implies this request is being made to thwart terrorist activity; inquired if it is realistic to expect that actual terrorists be deterred by trespass warning when the operational area of the Airport is freely accessible to anyone approaching from the sky and the gates into the  operational area  are left standing open 24-hours a day.  She noted there

is no mention of any actual Airport safety issues in the agenda report; and if a legitimate need exists for the Airport Manager to have the authority to issue trespass warnings, this need should be properly documented and reported to the Board at a later date before any action is taken to grant such authority.  Ms. Walters commented the first version of the Agenda Report, which was widely distributed by the County, indicated that this request was politically motivated; it targets named individuals whose activities may be annoying to some but are legal and protected by the Constitution as an essential element of open democratic government; and terrorists are not likely to be citizen activists and vice versa.  She stated she would like to ask the Board to take affirmative action to declare that the activities that precipitated the Airport Manager’s calls to the Sheriff’s Office over the past month do not give reasonable cause to believe the individuals have done or are likely to do anything to deserve greater scrutiny than anyone else; and would ask the public and restricted areas of the Airport property be specifically identified by the Board of County Commissioners in the near future and that the Board authorize the posting of signage that conforms to Florida Statute 810, and clearly identifies the restricted areas as required by the County Codified Airport Rules.  She commented by his actions over the past month it would seem the Airport Manager intends to exclude certain members of the public from all land on or near Airport property, including the Airport right-of-way, with or without proper signage; the operational area inside the perimeter fence has already been established as a restricted area by virtue of the fence itself and the signage posted at each gate and at intervals along its length; any further restriction of the public’s right of access to County airport property should be defined by the Board based on thoughtful review of State or Federal documentation requiring such restriction, or legitimate concerns for health and safety or environmental impact; and not on the mere word or preference of any individual or interest group.  She stated she has learned some of the Commissioners have been led to believe Valkaria Airport is under some federal mandate to  exclude  all  but  aviators  and  those  with  special  permission  from every part of the Airport

property and that all airports require the same high level of security; and before accepting that as fact, she would suggest the Board consult the federal sources directly.  She stated she would

like the Board to reject the item as it is presented today in its entirety; the first version of the Agenda Report indicates a tendency to overreact, overstate, overstep, and even misrepresent facts to the detriment of citizens for personal and political reasons; the current version asks for authority to act on broadly defined and highly subjective suspicious activity; and people have already been reported to the FBI for doing nothing more than exercising their rights as citizens.  She requested the Board to consider carefully what authority it delegates, who it is delegated to, and why the authority has been requested at this time and in this way; and stated approval of the issue as written would condone the targeting of individuals on mere suspicion and effectively curtail the ability of citizens to observe government and the performance of public servants and employees and serve to suppress citizen activism and participation performed without legitimate threat to health and safety.

 

John Mason stated he does not want the Airport Manager to have the power to issue trespass warnings.  He advised on November 20, 2006 when the group of eight people were surveying the cutting at the Airport, a Sheriff’s Deputy greeted them; and when realizing the group was on the public, non-posted, side of the fence he told them they were all right where they were and to have a nice day.   He advised he has a  letter from  Homeland Security  stating it did not ask the

Airport Manager to do the clear cutting all the way to the fence; and there was not a security reason to do what was done.  Mr. Mason noted the FAA in Orlando has promised to put in writing that they did not ask for clear cutting to be done; yet the Airport Manager told the U.S. Fish and Wildlife Commission (FWC) the clear cutting was required by the FAA and Homeland Security; and also told the FWC the FBI wanted the environmentalists to stay off of the public lands.  He stated environmentalists inspecting the condition of wildlife habitat are not a threat to airport security; but granting the power of trespass warrants to a person outside the Sheriff’s Department is a threat to activism on the part of concerned citizens. 

 

Edward Slaney stated in his opinion the roller chopping of the habitat is an absolute tragedy and it was unnecessary; scrub jays are known to be at the Airport; and the Airport’s web site features a picture of a scrub jay.  He stated he and others have never trespassed over the line.  He stated he would like to know if his name is on a watch list with the FBI; there  was a meeting and names must have been used; and he would be upset and outraged if he found out he was flagged.  He stated the whole situation has been blown out of proportion, especially from innocent people wanting to go down and look at what was destroyed; the Airport is no more secure than it was before it was mowed; and anyone can fly in there any time they want.

 

Linn Walters stated there is a problem when there are lawbreakers who break the law in whatever manner; by the time the Sheriff gets there they are gone; and the Sheriff cannot do anything because he did not witness the activities.  He commented the fact that Mr. Borowski does not have the ability to inform the Sheriff’s Department that illegal activity has occurred, boggles his mind a little bit, especially since he has heard that bus drivers and park rangers have the right.  He stated this is not a personal rights issue and in his mind it does not matter whether one is an environmentalist or a terrorist, everybody should be treated equally; and he understands the  warrant, when  issued, can be withdrawn; if it was  issued in  error, then that is great; and he does not see it as a limiting thing, as it can be applied surreptitiously or out of character.  He stated if County Management cannot be trusted to have the ethics to provide truthful affidavits, then the Manager should not be there in the first place; people have eluded to the fact that Mr. Borowski may not be totally truthful, and he finds that is an attack on his integrity; and if the Commissioners feel that is true, then Mr. Borowski should not be in the seat that he is.  He stated he would like the Board to support the request for the trespass warrants, as it seems like a logical thing to do; and it covers a large loophole in the present duties of the Airport Manager.

 

Linda Mason stated she feels staff is trivializing this issue; it is the beginning of police action in the County; and it is a threat against environmentalists and citizens of the County.  She stated if the Airport Manager gets the right to authorize the Sheriff’s Office to issue trespass warnings to anybody he considers suspicious, then a person could be issued the warning at their home or anywhere.  She stated she has a friend who works with Archbold Biological station, and she and herself look exactly alike; stated her friend could be working around Valkaria Airport at any time; if the Airport Manager saw her he could easily conclude it was her because they look like twins; and law enforcement could be at her door to issue a trespass warning.  She stated from reading the first Agenda Report she knows she is targeted and she could be unfairly arrested.  She commented she is working with the County to get the greenway through the Valkaria refuge; plans are to put the greenway through the Airport property; and they may not be able to do that now because it could put innocent citizens at risk for being declared suspicious if they stop to look at the airplanes.  She stated the Airport Manager asked to make an additional 20 feet outside the fence a no trespassing zone without a credible threat of terrorism of any solid proof that this is necessary; and if approved, the greenway will not be able to use the cleared area along the fence as a natural pathway and citizens lose a chance to see a small airport and airplanes in operation along their hike through the area.  She noted more money will need to be spent to redirect the greenway elsewhere.  Ms. Mason requested the Board not allow the Airport Manager to have the additional 20 feet around the Airport, and if he does, it must be signed and so close that citizens will see it and will not accidentally move into the area.  She stated the Airport Manager wants Law Enforcement powers without accountability and he wants another trespassing zone 20 feet around the Airport fence; it is her opinion innocent citizens have already been harmed; and if damage was done, the Board knows what can happen if reparations are not made by the County.  She stated this is what the County faces every time the Airport Manager makes a misjudgment; the only thing the environmentalists did was look at how the Airport Manager decimated the Airport habitat; he has proven what he will do to innocent citizens who question what he does; and she wants truth, honesty, and justice in the government.  She requested the Board not pass the item giving the Airport Manager law enforcement rights, and not to make any property outside the fence a “no trespassing” zone; and let the Sheriff’s Office do the job fairly and with accountability.

 

Austin Hale stated he has been a Microbiologist for over 10 years; for the last five years he has worked closely on Homeland Security projects; anyone with an understanding of scientific method and access to publicly available literature can produce biological agents with items purchased at any hardware store which can be produced to disseminate; and all they need is to gain access to  some sort of spraying device.  He stated the most efficient spraying device is the

Mosquito Control’s airplanes, which are located at the Valkaria Airport; and he is not implying anyone present has the capacity or motivation to do that, but the threat does exist.  He advised as the Board is deliberating on the questions of security, it should reflect on lessons everyone was first introduced to in Oklahoma City and New York City.

 

Mary Hillberg stated she has never been to the Valkaria Airport, but her thought is that so much is asked of citizens to participate in the communities and to take pride in the communities; and citizens are asked to take part in citizen’s resource groups, and volunteer in environmental areas as well as others.  She commented the Board has the opportunity to help heal a lot of wounds that are still around from a long time ago; and everyone should be able to work together to make a better Brevard.

 

Maureen Rupe stated on November 20, 2006 a group of citizens went to assess some clear cutting at Valkaria Airport; the citizens did not trespass, they had prior permission and permission on that day; she thought everything was fine; then the Airport Manager then met with the Assistant County Attorney, the Sheriff, the Joint Terrorism Task Force, and the FBI; and used the justification of the citizens’ actions for more power in trespass issues.  She stated the report on the agenda is false, as the citizens did not trespass or break the law in any way.   She stated  her  concern  is  if  the  Airport  Manager has  made a report to the government agencies naming the citizens as suspicious; and if the Airport Manager has done that, the ramifications can be devastating for the citizens.  She noted the government agencies can search homes, arrest citizens with no warrant, and put someone on a no-fly list; she is going to England in eight weeks and asked what will happen if she gets to the airport and cannot fly; or if she cannot get back from England.  She inquired why the original Agenda Report was made without inquiring of the citizens their version of November 20, 2006; stated the citizens have worked with the County on many issues and the Board knows who they are; and many of them have been appointed to advisory boards by the Commission.  She stated she has been in the United States for many years; her husband was active duty military for 25 years; she understands security and has been on many military bases; but this is unfair.  She  commented she has no problem with anyone in charge of public facilities of any authority to issue a warning; but she questions if it is a good idea that Mr. Borowski called the FBI and Terrorist Task Force; and she would like the Sheriff to be in sole charge of issuing trespass warrants and any affidavit signed by the Airport Manager questioned by law enforcement.  She stated November 20, 2006 was her first visit to Valkaria Airport and she is outraged that something can be written on a report; it is unbelievable to her that the County could do this; and she is scared to death national security is being used to violate people’s rights and she hopes the Commissioners do not wrap themselves in the flag and leave the citizens uncovered.

 

LeRoy Rotgers stated the citizens were told to call the Airport Manager and ask to be toured, but nobody called; the citizens are saying they did not trespass; the citizens who were there on November 20, 2006 were at the golf course and they did ask permission to go on the golf course; the citizens went to the bushes next to the fence and took pictures; the Sheriff came and told the group they were trespassing; and he does not know if the deputy took names or not.   He stated the deputy called the Airport Manager and asked if he wanted anyone to be arrested and Mr. Borowski said no, all he wanted them to do is stay off of the Airport property. 

 

Mr. Rotgers stated he has a lot of asset at the Airport; there are approximately $5 million worth of airplanes at the Airport; and something needs to be done to keep it more secure in addition to the new gates that are coming in within the next week or so.  He stated the issue does not only pertain to the group who were at the Airport on November 20, 2006; there are four wheelers also entering the property through the gates, before there were locks on them, and they would outrun the Airport Manager; a few days ago there was a young lady on a motorcycle going 105 mph on the runway; and Mr. Borowski asked her to never come back.  He stated the next evening, some of her friends were back at the Airport after closing with their motorcycles; he was there changing the oil on his airplane and he told the group they should not be on the Airport property; but all the Airport Manager can do is tell those people to leave.  He stated the Airport Manager needs to have some type of power and he does not think that Mr. Borowski would misuse the power; and he would only use it if necessary, because he already stated he does not want anybody to be arrested, he just wants them off of Airport property.

 

Dale Yonts, Mayor of Grant-Valkaria, stated he is representing the Town Council; the Town Council is not questioning the need for security at the Airport; and it agrees security is important.  He advised the Town Council reviewed the Agenda Item and does not completely understand the need for such a change at this time. Mr. Yonts stated the issue seems to have started with a couple  of  incidents  with  individuals  known  by the  Airport Manager; the Airport Manager also knew the individuals had also spoken with the County Manager’s Office and were requesting access to the Airport to view the recently cleared lands; and the Airport Manager reported suspicious individuals when in fact, he knew the individuals wanted to look at the land clearing.  He stated it is not suspicious activity when one knows who the individuals are and what they are looking at; knowing the levels of disagreement between the Airport Manager and the individuals,

he is not surprised the individuals did not contact the Airport Manager for a tour; and he is not surprised the Airport Manager brought someone else in to give the tour to the individuals.  He stated instead, the individuals drove down the golf course access road, parked in the golf course parking lot walked around, admittedly along the Airport fence, but did not trespass on aviation-used property; and the Sheriff’s Office was called but did not issue a trespass warning as there was no trespassing.  He noted there have also been reports of four wheelers trespassing on the property; due to the short time frame since the agenda item came out, the Town Council were not able to contact the Sheriff’s Department to find out how many suspicious calls the Airport has received in the last month to a year; but he suspects there are few, if any; and if there have not been any suspicious calls, then he would question the need for the change.  He stated if empowered, the Airport Manager would sign a trespass warning which would subsequently be issued by the Sheriff without the Sheriff having any proof other than the Airport Manager’s word that the said individual had trespassed; the individual given the trespass warning would have no ability or method to challenge the claim; and the Town Council of Grant-Valkaria believes the Board should continue to allow the Sheriff’s Office to issue trespass warning, but do not see the need to empower the Airport Manager the ability to sign a trespass warning.  He commented the Town Council of Grant-Valkaria recommends the Board of County Commissioners consider the Valkaria Airport Advisory Board’s recommendation which is that a trespass warning could only be issued by the Airport Manager if the individual was clearly within a clearly marked trespassing area; the Town Council would further recommend the golf course be removed from the area a person could go to if a trespass warning has been issued; as proposed now, anyone issued a trespass warning could not go on the golf course, or else they can be arrested; and as the golf course is a non-aviation area, it should be excluded from the restriction.   Mr. Yonts stated the Town Council is also concerned about the markings at the Airport; from his understanding, it was stated the trespass warning signs in some areas would be located on the perimeter of the fence, but the trespass area would include the 20-foot cleared area on the outside of the fence; and the Town Council feels it is unfair to anyone who is unfamiliar with the trespass zone.   He noted the trespass area includes the 20 feet outside the fence; and the warning signs need to be at the outside edge of the clearing and not on the fence itself.  

 

Chairperson Colon inquired if Mr. Yonts also serves on the Valkaria Airport Advisory Board (VAAB); with Mr. Yonts responding affirmatively.  Chairperson Colon inquired if this is the first time he has had issues in regards to trespassing; with Mr. Yonts responding yes, he does not remember it ever being brought to the Board.  Chairperson Colon inquired what level of security was taken at the Airport after September 11, 2001; with Mr. Yonts responding he does not recall any specific activity other than once funds were available, Airport officials were looking at security fencing, which was supported by the Airport Advisory Board all along; the fencing is only a year or two years old, and until then there was no fencing and people could come in and out from any direction; and now there is a good fence and it is there to block the area.  He stated the clearing of the property is what started the whole problem; and what was done was not trimming, as trees were broken off at 20 feet and there are sticks sticking up in the air.  Chairperson Colon inquired if Mr. Yonts was comfortable with the clearing that was done; with Mr. Yonts responding clearing had been discussed for a while and that it was going to occur; and he does not recall that it was going to occur in a particular time frame.  He commented he Talked to the FWC and was told roller cutting should be done; it looks to him like more was cut than needed to be; but FWC is the controlling agency for the scrub jays and that was its recommendation.  He commented the issue started with the clearing and with some people who are concerned about the environment; and the citizens are there to protect the environment and not close the Airport down.

 

Chairperson Colon stated security is a huge concern to everyone; and she recalls sitting on the Board after September 11, 2001 when the citizens of Grant and Valkaria were very concerned about who was landing at the Airport.  She stated Mr. Yonts mentioned the recommendation in regards to clearing was the sign 20 feet away is because of those who will now know they are trespassing, which makes sense to her.   Mr. Yonts stated the whole point of suspicious activity should not be included because it is too subjective; the examples in the Agenda Item are not something to issue a trespassing warning for; and the Sheriff should be called to come out.   Chairperson Colon stated if the Airport Manager were to witness trespassing, the Advisory Board would expect him to call the Sheriff’s Department and notify the Sheriff’s Department that people are trespassing; with Mr. Yonts responding affirmatively; the Town Council is not questioning if someone is trespassing that action should not be taken; there have been disagreements between certain individuals and the Airport Manager; and there is concern the individuals could be targeted.

 

Milo Zonka stated he is the Chairman of the VAAB; this issue was debated for approximately one hour the other night at the Advisory Board meeting; and a great deal of concern is that the Airport Manager should not be going out and approaching someone he does not know and does not know their intent.  He stated there are new initiatives that are going on at the Airport regarding security and the security fence is one of them; the FDOT has a separate pot of money solely for security issues; Valkaria has benefited from those funds; and Melbourne Airport is also spending $1 million on security elements from the same funds.  He noted it is a statewide and national issue; the Aircraft Owners and Pilots Association and the TSA worked together to develop the H66GA secure phone number that has been in some of the briefing materials; and this is all part of a comprehensive package.  He stated there has been talk about powers; the power he is talking about is no more severe than a power the shift manager at Publix has if he or she sees someone standing in front of the produce and looking strange; and the same regulation and State Statute protects private businesses as well as government properties.  Mr. Zonka stated he sent the Commissioners an email advising of an item in front of the Monroe County Board of Commissioners in February in which they included their parks and beaches under the same Statute the Board is being asked to consider for the Valkaria Airport tonight; and this is not just a Brevard County issue, as it is a statement of fact that it is part of a comprehensive security plan.  He noted the Florida Fish and Wildlife Report of November 3, 2006, the FWC Officers received signed statements of trespassing against individuals caught on the Greater Orlando  Airport  Authority’s property’s wetlands; and so these are not new episodes.  He stated some of today’s conversation was focused on the environmental issue and how the clearing was done; he expects the Board will see the issue come up again; and the point tonight is not to judge anybody, this is to discuss an administrative issue.  He stated Mr. Borowski, as an individual, has been challenged; this is a comprehensive proposal put together by staff and it should not be thought of as one person; and ultimately if this were a vendetta or political issue, there would have been a trespass notice issued to people on at least one occasion. 

 

Chairperson Colon inquired if the Airport Advisory Board has considered cameras within the parameter of the Airport; with Mr. Zonka responding no, the Board had not; stated the issue with cameras is the monitoring of the cameras; the Melbourne Airport Police have cameras around the perimeter of the Airport which are sent fiber optically into the police station on the north side of the Airport; but that would be quite a production for Valkaria Airport.

 

Chairperson Colon inquired how motorcycle and four wheel riders are getting into the Airport; with Mr. Zonka responding some of them are gaining access through a dirt road off to the side; there was mention blocking off the road so vehicular traffic could not have access to the Airport; there are also some gates in the process of being replaced, and defective gates have to be left open; and that is one of the issues being solved with the new fencing.   Chairperson Colon inquired if the Airport tenants have their own insurance; with Mr. Zonka responding the aircraft owners have to have insurance, but he does not know if the County is liable or not.  He noted the tenants expect the VAAB to do everything it can to secure the assets; and he agrees the Airport has that obligation on a reasonable basis.  Chairperson Colon inquired if the Airport has 24/7 security with someone on the premises; with Mr. Zonka responding the Sheriff’s Department fills that role with patrols of the entire area. 

 

Chairperson Colon inquired how liable the Board of County Commissioners is with knowing people are riding motorcycles at the Airport unauthorized; and inquired if the issue was discussed at the Airport Advisory Board meeting; with Mr. Zonka responding it did come up in the briefing by the Airport Manager who stated this issue is also about the ATV’s that are accessing the Airport.  Chairperson Colon inquired if the Airport would be responsible for cameras if installed; with Mr. Zonka responding one issue in the master plan is to create an airport that exists within a community that can pay for itself; the first question is one of revenue and how the airport can generate the revenue to be clean, safe, and self sufficient; and to do installation of cameras and to man them, he does not know how that can occur but it is something that can be looked at as part of the comprehensive plan.

 

Mr. Richardson stated liability as a property owner is always a concern; as far as the motorcycles on airport property, it is probably more of a concern outside of a restricted area; once in posted restricted areas it is criminal trespass; and if someone is hurt doing something in a criminal act there is reduction of liability issue.  Chairperson Colon stated she is specifically referring to the fact that once it is brought to the attention of the owner, which is the Board of County  Commissioners,  and  by  it  not taking appropriate  action immediately in regards to the fencing and other issues, the Board is responsible.  Mr. Richardson stated the County has to think about that; he knows the fence is run down in some areas where it was all grown over with Brazilian Pepper trees before the clearing; part of the fence clearing in addition to security issues, was just a maintenance concern; and the holes in the fence cannot be fixed, if the fence cannot be reached.  He noted there have been issues of dirt bikes trying to jump over the fence line; when the Sheriff sees someone on a dirt bike on the access road by the pavilion after hours the Sheriff cannot do anything; and as soon as the Sheriff pulls away, because he cannot sit there all night, the person on the dirt bike jumps the fence and makes donuts all over the infield of the Airport.  Chairperson Colon asked Mr. Richardson to address some of the issues brought up by the speakers; and stated she is more concerned with where the Board goes from here, and would like to be more proactive as to what the Board does to move forward.

 

Mr. Richardson stated he does not want to talk about the people who were at the Airport on November 20, 2006 except to say everyone knows there had previously been signs, although they were not up that day; nobody has been accused of criminal trespass of that day; no one has been turned into the FBI or identified as a target; no names were mentioned anywhere until the recent newspaper report and at this meeting today; staff has never mentioned those names to anyone to report them; and nobody is trying to target anyone or get anyone on a FBI list.

 

Commissioner Scarborough stated this is of extreme concern to him.  He commented he has been given information that the FBI has moved to a system called the Automatic Targeting System which gives number grades of terrorism; once in the system, a name remains there for 40 years; and it could lead to all kinds of things a person would never access but could be available to agents and foreign governments.

 

Motion by Commissioner Scarborough, to request the County Attorney’s office draft a letter stating no one has been turned in to the FBI; and the County has in no way put anybody at risk. 

 

 

Commissioner Scarborough noted there is an investigation of the Commission regarding the activities surrounding the potential of having people such as former Commissioners, hospital boards, charter commissions, and elderly people being described as suspicious; and an earlier memo indicated the FBI and other security agencies had been consulted regarding the matter. 

 

Commissioner Voltz seconded the motion.  Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Mr. Richardson stated the County Attorney’s office is happy to do that; part of the issue today is the County does not want to get to that level, as it wants to empower the local Sheriff to help as much as possible and weed out the ones there might be problems with but who are a local concern and not a terrorist concern.  He stated he has been to the Airport and he knows there has been a lot of land clearing along the fence; FWC told him the clearing was done in accordance with their instructions; and that is all he can go by as he does not have the expertise to go above the FWC.   He stated as far as who instructed what areas were to be cleared,  it  is the Transportation Security Administration’s (TSA) security guidelines for general aviation airports which is readily available online.  He read some of the guidelines.  He stated the Airport

Manager would be remiss if he did not take the TSA’s guidelines for general aviation airports very seriously.  He noted the Sheriff’s Department has done a great job; when the Sheriff arrives on the scene chances are it is seldom they are not going to catch someone in illegal activity, given the response time; and a lot of the violators are going to be repeat offenders.  He stated once the violators are caught, they can be punished for trespassing and they can be prosecuted, but trespassing is not considered to be a very severe crime; it is a low level penalty; those people could be back at the Airport the next day; and if they are at the picnic pavilion, there is nothing to prevent them from doing that.  He commented in doing the research he has found there is not one consistent County policy to the extent it can have one; it is being looked in to now; it takes a lot of consultation with the various departments to determine what the needs are; the needs of the SCAT buses and the level of employees on that system who should be able to issue trespass warnings is obviously going to be different from the needs of the Airport or the needs of the parks; and there is going to be some differentiation.  He stated the County Attorney’s Office recognized the need for a Countywide policy; but for right now, having been alerted of a loop hole in airport security, the gap needs to be closed and the Airport Manager should be given the same authority everyone else has. 

 

Mr. Richardson stated the VAAB made a motion to authorize the Airport Manager to trespass persons once they have been observed inside an airport secure restricted area; it is almost the same thing staff is requesting, except staff goes further and mentions some specific suspicious activities including threatening pilots, threatening the Airport Manager, trying to pay cash for a flight or buying a plane without credentials to do so; things of that nature are clearly security threats and are addressed in the TSA’s guidelines; and those are the kind of people who the Airport never wants to come back after they are asked to leave; but if someone comes back the next day to the picnic area, nothing can be done about it.  He stated the County is working on a signage plan to the extent there are secure perimeter areas of the fence that are outside the fence; from the Airport Manager’s Office there are areas that are 6,000 feet away; on November

20, 2006 the Airport Manager could not identify anybody from where he was and he could not see whether they were inside or outside the fence initially, just because of the distance; and signs are going to be posted not on the fence, but out where they used to be, on stakes in the ground.  He stated the Airport Manager does not want to do anything that would put him in danger, as he is unarmed and alone at the Airport; Mr. Borowski has not asked for any kind of law enforcement authority; and he does not want to approach people.  Mr. Richardson stated part of the problem now is that the Airport Manager cannot approach someone; he cannot use the Sheriff’s help because the Sheriff is limited; all the Sheriff can enforce is the law of trespass as it exists; and the Sheriff will ask the Airport Manager if he wants to issue a trespass warning so the Sheriff can do something when someone is found to have been trespassing.   Mr. Richardson stated there are some issues with the broken down gates; recently the Board of County Commissioners approved the Airport Manager to accept funding to get new and improved gates with new access systems; and that is under way and is something the Board authorized and allowed the Airport Manager to do what he needs in that regard.  He commented while he has been employed with the County, the County has never had to pay reparations because of actions of the Airport Manager, as was indicated  earlier;  and  he   does   not  want  anyone  to   believe  the  County  has  been  sued over actions of the Airport Manager.  He stated activists and environmentalists only need to contact the Airport Manager or write a letter to the County Manager in order to tour the Airport property.

                                                                                                  

Chairperson Colon read a letter that was sent to one of the residents from the FAA stating the concerns of the citizens need to be handled at a local level; and the FAA offered guidance on airport access including the airport owners’ right to restrict the access of non-aeronautical users to maintain a safe and secure airport environment. 

 

Commissioner Voltz stated she does not think the issue is a matter of Mr. Borowski, as it is any airport manager at that airport at the time; the Board cannot unfairly target any environmentalist; if the Board does so, it is profiling; and it cannot do that.  She noted the Board has not mentioned anybody in specific; as Mr. Richardson indicated, persons can call either the Airport Manager or the County Manager and go to the Airport; and if someone is sneaking around it could be looked at as suspicious.  She inquired if Ms. Busacca received a letter from someone wanting to go to the Airport; and inquired what was the response; with Ms. Busacca responding she indicated to the person they could go to the public areas of the Airport; that may have caused some confusion, as she did not feel she could give permission to go into any area in which the public was not permitted; and her response to the letter was to keep people out of areas that are restricted because it is an airport. 

 

Commissioner Voltz read a letter from Curt Lorenc dated April 28, 2003 commenting Homeland Security is an important issue and that terrorists intend to use civilian aircraft to accomplish their goals, and the attempts by flight students that appeared to be foiled terrorist attempts.  The letter also stated the hangars have been broken into, and aircraft has been stolen in broad daylight.   Commissioner Voltz stated Mr. Lorenc realizes there is a definite security issue at the

Airport; she would feel comfortable if there is security at the Airport to make sure nothing happens; she would hope no one takes one of the Mosquito Control planes and flies over Orlando to cause a major disaster because security was not beefed up at Valkaria Airport; and the Board of County Commissioners needs to protect its citizens.  She commented the issue is not about giving any kind of authority to the Airport Manager, but it is about protecting the citizens in the surrounding area of the Airport. 

 

Commissioner Scarborough stated what disturbs him is that what triggered this action tonight was particular individuals, not four-wheelers and motorcyclists; and the information the Board received dealt with particular individuals on a particular occasion where they were not in any area that would have been technically trespassing.  He advised he has had many meetings concerning security at the Titusville Courthouse; in the North Brevard Courthouse he is scared of people being hurt; stated the courthouse is home to the Property Appraiser, the Tax Collector, the Public Defender, and the Clerk’s Office; and employees are scared and afraid that sooner or later someone will pull a gun and kill an innocent person.   He stated the cause behind this issue tonight is environmentalists and community leaders; stated that is why he is glad the County Attorney is going to put forth a letter stating nothing went to the FBI; and if the Board harms good names, it has done a terrible disservice to not only the persons involved, but the community and anyone who wants to volunteer their time.  He stated of course there needs to be a secure perimeter; there is sophisticated equipment that can be placed at the Airport; and if there is an aircraft that is stolen to spray the people at Disney World, the Board needs to somehow disable the aircraft so it cannot be utilized.  He stated if the Board is going to deal with a gap in the process, the Board should ask Ms. Busacca to have a full system analysis of all systems; the question is what is marked as a security risk and what are the parameters; and there may need to be signage at the Airport, and fences need to be repaired.  He advised Valkaria Airport is probably the least of the County’s facilities that is at risk; something could happen in the Commission Chambers on any occasion; someone could slip in to talk and leave a satchel; and if the Board wants to talk about security, there are other problems to address. 

 

Commissioner Voltz inquired if trespass warnings are the first steps to security; with Mr. Richardson responding yes, and that was addressed at the VAAB meeting; and everyone was told this is the first step and a lot of the other issues are going to take time and money, and a lot of thought and effort.  He noted staff is not asking for citations for trespass; and it is asking for people to be trespassed from the Airport property so they cannot get so close to the secured areas that it is too late to do anything.   He stated under Statutes 901.15 there are enhanced penalties for trespass; it allows for law enforcement to do more at an airport once authorized to do so; but law enforcement can already enforce criminal trespass at the airport to the extent it is posted.  He noted he has been advised of some illegal dumping seen by the residents; and advised persons witnessing any kind of dumping to report it to the Airport Manager or call 1-866-GA-SECURE.  He commented staff and law enforcement believes trespass is a tool that will help to improve and enhance security.

 

Chairperson Colon stated Commissioner Scarborough mentioned having a comprehensive approach in regards to the security of the Airport; and she thinks the component of trespassing could be part of it.  She noted she has been asked what the role is of the Advisory Board, if the Advisory Board should be abolished, and if the Board just exists for the Master Plan.  She stated  the  Board  could  give direction of trying to make sure there is more of a comprehensive approach.  She advised there is no excuse for anyone to be on the premises of the Airport without permission from the County Manager or the Airport Manager. 

 

Commissioner Voltz stated the issue is not about environmentalists; it is about someone making the Board aware of its lack of security; and she does not want to target any environmentalist whatsoever.  She inquired what the VAAB is supporting; with Mr. Richardson responding when there has been a violation of posted trespass properties; there is a signage plan that is going to comply with the TSA guidelines and is going to comply with airport standards for signage as well as State Statutes that govern trespassing; and the signage issue is going to be fixed so that if people are trespassing they will know it.  He stated the second component that was not included in the VAAB motion involves suspicious activities such as asking inappropriate questions, tampering with aircraft or County vehicles, attempting to purchase an aircraft without presenting property credentials; those are the things staff has been aware of that should set off alarms; and these are things that will be reported. 

 

Commissioner Voltz stated because the VAAB has supported the issue in part, the Commission would be remiss if it did not at least begin some sort of a security of its Airport; and if anything  happens  in the  meantime and the Board  decides not to  do something, she does not want it on

her hands. 

 

Motion by Commissioner Voltz, to support what the VAAB has suggested, and go from there.  She stated Commissioner Scarborough had a good idea about moving forward and looking at all of the County’s facilities; and it is important the Board looks at the entire County in all of those aspects.

 

 

Commissioner Nelson stated he shares the same concerns as Commissioner Scarborough; and the Board is trying to do the right thing for all of the wrong reasons.  He commented he went back through the original agenda item and nowhere did he see mention of the word motorcycle or mention of anyone running around on airport property; it was specific to a series of events that involved some citizens; and it amazes him that it has been turned into a national security issue.  He stated he supports the right of County staff to issue trespass warrants; it needs to be used when appropriate; but what has developed is not an issue of authority as it is an issue of trust.  He stated his concern is that what brought this all to a head was an activity on airport property for which the Board has gotten bits of information; but he would like to see a comprehensive understanding of what was done, and what the authorities were to do that, what the permitting process was, and what outcome can be expected.  He inquired if roller chopping was the preferred method, did it accomplish what was best for the species as well as what is best for the Airport.  Ms. Busacca noted there were people from the permitting agencies who went to the Airport to review the vegetation clearing and they are going to provide a report; and as soon as the written report is ready, she will give the Commissioners the permit itself and the response from the agencies.  Commissioner Nelson stated a comprehensive format would be great; he has a concern that from the original agenda report to what it is today, it has changed dramatically in terms of the issues; and the Board has put a good face on it, but he is not sure it has been entirely honest.  He stated he supports the right to issue trespass warrants, but he would put a caveat on  it that the  Board’s  authority  on  that  behalf be County Manager Peggy Busacca; and at the point Ms. Busacca feels it is appropriate to issue that to another staff member then that is fine, but he is not sure the Board is ready for that yet.  He noted he would not like to see any retroactive issuance of trespass warrants for any of the previous activities because he is not convinced the activities were illegal; he is troubled by putting signs 20 feet away from the fence; and if it needs to be 20 more feet, then the fence should be moved 20 feet.  He stated the fence is a clear demarcation line and either one is or is not in that zone; and he understands the clearer area around the fencing, but the signs do not make sense.  Commissioner Nelson stated there is a problem at the Valkaria Airport in terms of the community and understanding what the issues are; he realizes the master plan is coming forward and that will be the next opportunity for the Board to talk about it; but the Board has to come up with a better way for the community to communicate with the Airport Manager in a productive way.   He noted government needs to be in the open and people need to be invited to the Airport to see what is going on in a way that allows the community in general to feel good about the activity.  He stated he supports the trespass but he would prefer it be given to the County Manager and at the time she feels appropriate, she can issue it to the appropriate staff person.

 

Commissioner Voltz inquired how Ms. Busacca would issue the trespass warrants; with Mr. Richardson responding if a motion is being made, it should apply to everybody and not just the Valkaria Airport;  stated  his  preference would  be  just to focus on the Airport because he thinks the Board will have to talk to all of the Departments and find out the exact specifics of when they need the trespass authority, who needs it, and at what level; if it is a bus, for example, it might take a long time for a Supervisor to get to the site and the bus driver might need that authority on occasion; and it is going to vary from department to department.  He commented vesting all of the trespass authority for the whole County on Ms. Busacca at this time would be uncomfortable because it would take away some authority that already exists and that staff needs. 

 

Commissioner Nelson stated the Board of County Commissioners is the owner of the Airport; the agent for the County can be numerous agents; Ms. Busacca has the authority to do that and that is the way it happens within the departments; and he does not think it is an issue of Ms. Busacca as a sole person to run around and issue citations.  He stated Ms. Busacca has the ability, as County Manager, to make the appropriate person an agent of the County for that purpose.  Mr. Richardson stated with the authorities vested in Ms. Busacca, she herself, once apprised of the facts, can either sign the form attached to the agenda item and the Sheriff can serve it; or Ms. Busacca can designate someone to do it.   Chairperson Colon stated the Board is only referring to the Valkaria Airport.

 

Commissioner Voltz inquired why the Airport needs an additional 20 feet beyond the fence; with Mr. Richardson stating the area is supposed to be a clear area; when looking at the area from the Airport Manager’s Office, which is approximately 6,000 feet away, it would be difficult for the Airport Manager to tell if someone is inside or outside of the area; and for those areas are where staff is talking about putting the signs 20 feet out.  Commissioner Voltz inquired how the trespass warrants would work if Ms. Busacca had the authority; with Mr. Richardson responding if there is a situation when staff believes there needs to be a trespass warning issued, and if Ms.

Busacca has not designated the authority, the Airport Manager would report the situation to Ms. Busacca; and with Ms. Busacca’s authority she could sign the trespass warning form and law enforcement would take it to the person later and serve it.  He stated Ms. Busacca can also designate the authority to the Assistant County Manager or the Airport Manager; and Ms. Busacca has experience in doing that.   He stated no one wants Mr. Borowski to issue a trespass warning; and Mr. Borowski is just going to sign the paper and the Sheriff will deliver it to the person being issued the warning.

 

Commissioner Voltz stated she will amend her motion to include Commissioner Nelson’s suggestion that the Board allow County Manager Peggy Busacca to issue trespass warrants.

 

Commissioner Scarborough stated he is concerned that the Board keeps going back to a particular County facility; only one thing is being addressed and that is the ability to issue trespass warrants; and trespass is a recurring event.  He stated if the Board were talking about expenditures to secure the perimeter such as higher gates and camera equipment, a silent alarm, and discussions about how the Board can secure County aircraft so they cannot be used he would feel more comfortable.  He stated the question is if Valkaria Airport is the greatest security risk to health and safety to a terrorist; he understands tampering with water supply can be much more damaging than anything that can be accomplished by a small general aviation aircraft; and if the Board is going to worry about people trespassing at the Valkaria Airport, then it should also be worried about a suspicious person at a water plant or other facilities.  Commissioner Scarborough stated it is a travesty for the Commission to think it is accomplishing anything but sending a message that it found certain individuals who had a legitimate reason to be at the Airport; and he will not support any motion to approve.

 

Chairperson Colon stated there needs to be a comprehensive approach; her concern is that no one is supposed to be in a secure area at the Airport; and she wants to make sure it is an area that has been very clear of addressing if someone is trespassing.  She stated she agrees it should be the County Manager who has the authority to sign trespass warrants because of all the political things that have happened; and she does not think the individuals who were at the Airport of November 20, 2006 were trespassing based on her experience and her professional level of the last six years with some of the citizens.  She stated the Board must take the issue a step forward and consider security cameras today and ask the VAAB to help the Board in that area.

 

Commissioner Bolin stated she feels Valkaria Airport is not on the same playing field as the Library and Parks as far as the concerns of trespassing issues; she understands now why there is not good signage at the Airport; and the Board needs to correct that.  She noted she would also like to see the County work on a comprehensive policy that includes all of the facilities; she understands the current policy is not adequate; and she would suggest the Board work with the Valkaria Airport Advisory Board so it can get the terminology correct in that it be pertinent to the Airport.  She advised she is supporting the idea the Board go ahead at this time with the County

Manager as the signee, so the Board has protection starting tomorrow before any more motorcycles or cars breach the security.

 

Mr. Richardson stated he has seen a lot of work between Mr. Borowski, FDOT and the FAA to try to get funding for security enhancements; and the Commission has been very proactive about  approving  things  intended  for  security.   He advised   the  County  Commission and the

VAAB have already approved the Airport Manager’s proposal to allow an off-duty law enforcement officer to live on Airport property and act as caretaker; and they are working on locating the right candidate to do that and it will happen as soon as possible.  He stated other measures by the Commission and the VAAB include recent vegetation clearing on the fence line, gate improvements, posted information on reporting suspicious activity; and also the cooperation with the Golf Course Manager to assist in reporting suspicious activity.  

 

Commissioner Scarborough stated he would like to make some subsequent motions and he is not going to support the request.

 

Chairperson Colon stated there is a motion on the floor and she called for a second to the motion.

 

Commissioner Voltz clarified the motion is to support the Valkaria Airport Advisory Board’s suggestion, but give the authority to Ms. Busacca.

 

Commissioner Bolin seconded the motion.

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously.

 

Commissioner Scarborough stated everyone is concerned about security in a multiple sense and he does not know if there are resources at the federal level which has parameter; the first thing the Board should do is draw upon all of the resources and have a detailed analysis; and he does not think the situation in the world will improve in the next decade, but some of these conflicts go back a thousand years. 

 

Motion by Commissioner Scarborough, to direct the County Attorney’s Office to prepare a letter advising that no one has been accused of criminal trespass at Valkaria Airport on November 20, 2006, no one from that day has been turned into the FBI or identified as a target, and the County in no way has put anybody at risk.  The Board further supported the suggestion of the Valkaria Airport Advisory Board (VAAB), and authorized the County Manager to issue trespass warnings at Valkaria Airport, pursuant to Florida Statutes s.810.09; and authorize staff to draw upon all resources available in the country as to how the County should handle facilities and securities, including the personal security of those people who serve as County employees, and what methodology can be used to prevent acts of violence.

 

 

Commissioner Voltz seconded the motion by Commissioner Scarborough. She stated there have been a lot of homeless activities in front of her office; with Ms. Busacca responding she will look into the issue.

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Chairperson Colon noted if today was September 12, 2001, she would guarantee the Board would be talking differently right now; and it is sad to her that it has been five years and as a community and policy setters, they do not take it seriously. 

 

Upon motion and vote, the meeting adjourned at 9:05 p.m.

 

 

 

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    HELEN VOLTZ, CHAIR

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

 

_____________________

SCOTT ELLIS, CLERK

        (SEAL)