Brevard County Commission tells port to pay up or leave disputed land at Jetty Park

Brevard County commissioners have delivered an ultimatum to port commissioners in a long-running dispute involving land at Port Canaveral's Jetty Park.

At their meeting on Tuesday, county commissioners unanimously agreed to set things in motion for the possible sale of 9.61 acres of land the county owns at Jetty Park. Port Canaveral owns the other 35.4 acres of the park.

The county has leased the 9.61 acres to the port for $1 a year since 1995. The port's 20-year lease of the county land expired on Dec. 31, 2015. The county and the port have not been able to reach a new agreement to either extend the lease or for the port to buy the land from the county.

More:Debate over Jetty Park land at port escalates between County Commission, Port Authority

More:Port Canaveral, Brevard County battle over 9.6 acres at Jetty Park

On Tuesday, county commissioners voted in favor of a motion by Commissioner John Tobia to direct county staff to put the property out to bid if it does not get an offer from the port by June 9 to buy the land from the county for $862,950. That was the county's original purchase price for the parcels that now make up that land.

"We need to have all our ducks in a row," Tobia said. "This provides us with a better bargaining chip. We let the market determine that."

Under Tobia's proposal, if the port refuses to buy the land for $862,950, the county would advertise the property and put it out to bid.

He said the move would not obligate the county to sell the land, but would "allow us to get a fair-market value" determined.

Brevard County Attorney Eden Bentley told commissioners that the $862,950 the county paid for the land was "basically, fair-market value" at the time.

But the port cites an appraisal, provided by Consortium Appraisal Inc. of Winter Park, to contend that the land has a market value of just $192,000. That's partly because the land is considered "landlocked" — even though it is not far from the beach and the ocean — based on a legal opinion the port received from the Orlando law firm of Broad and Cassel.

The land in question includes the main entrance road into Jetty Park and a parking lot.

The port-owned 35.4 acres at Jetty Park includes a campground, fishing pier, a restaurant and other facilities. Jetty Park also is a popular viewing spot for rocket launches.

Canaveral Port Authority commissioners are scheduled to discuss the issue at their meeting that begins at 6 p.m. Wednesday at the Canaveral Port Authority Maritime Center Commission Chambers, 445 Challenger Road, Port Canaveral.

Port Authority Chairman Wayne Justice said he is "open to and ready to discuss the potential purchase of the disputed Jetty Park parcel."

Port Canaveral Chief Executive Officer John Murray declined to comment on the issue, pending Wednesday's Port Authority meeting.

In a previous presentation to port commissioners, Murray said the port has invested $1.3 million on improvements to the property in question, including for roads, a bicycle path, a stormwater pond, sidewalks, utilities and a parking area. Murray said the port also has spent about $80,000 a year on maintenance of the property, including for grass mowing and tree trimming.

County commissioners indicated on Tuesday that they have had enough with the stalemate.

"We've done everything we can," said County Commissioner Jim Barfield, whose commission district includes the Jetty Park area. "We are not taking any more money than what we paid for. We are very serious about selling this property. We want the port to have it, but if they turn it down, there's other opportunities."

Tobia questions the port's assertion that the land is worth only $192,000.

"The port, in my opinion, insulted this board when they came back with an appraisal of $192,000 on beachfront property," Tobia said. "Our property appraiser values it at nine times that amount. We have an appraisal a couple of years old — and we know the market has gone up in the last couple of years — at $2.4 million."

County Commissioner Curt Smith said he hoped a deal could be worked out.

"I don't want to create some kind of hostile atmosphere between the two of us," Smith said. "And I think it would behoove both bodies, both boards, to come together and do some face-to face negotiation, friendly negotiation. It's one thing to have a disagreement. But it's another thing to be disagreeable."

County Commission Chair Rita Pritchett said, while she "would love to have good relationship with the port," the County Commission has "a fiduciary duty to the Brevard County citizens not to lose money on things that we've purchased on their behalfs."

County Commission Vice Chair Kristine Isnardi said she was concerned by the "insulting" back-and-forth conversations involving port officials.

Isnardi said it's "sort of ridiculous" the port won't pay the county what the county paid for the land.

Homeowners' associations back county

The issue of the Jetty Park land also was the subject of a joint special town hall meeting last week of the East Merritt Island Homeowners Association and the North Merritt island Homeowners Association.

Maurice Boudreau, a real estate broker and president of the East Merritt Island Homeowners Association, said the roughly 40 members of the two associations at the meetings unanimously supported having the port pay the $862,950 the county is asking for the land.

Boudreau, who is a Democratic candidate for Canaveral Port Authority commissioner in District 5, said the fear among at least some of the associations' members is that, if the port doesn't buy the land, the county will sell it to a developer.

Boudreau said another District 5 candidate, Republican Malcolm "Mac" McLouth, also was at the meeting, as was District 4 Port Commissioner Bob Harvey, a Republican who is not up for re-election this year and was seeking input from members of the associations.

Dave Berman is government editor at FLORIDA TODAY. 

His Political Spin column appears Sundays in FLORIDA TODAY.

Contact Berman at 321-242-3649

or dberman@floridatoday.com.

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