MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

February 6, 2007

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 6, 2007 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Reverend Walter Schilling III, Hope Episcopal Church of Suntree, Viera, Florida.

 

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the November 14, 2006 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson read aloud a resolution recognizing Brevard County School Crossing Guards for their outstanding service to the community.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing the performance, dedication, and loyalty of those who comprise the 69 employees of the Brevard County School Crossing Guard Program who have provided a non-incident environment for the students under their care, and expressing appreciation for their commitment and involvement in the safety of the children and citizens of the County.  Motion carried and ordered unanimously.

 

 

 

Commissioner Nelson presented the Resolution to a representative of the crossing guards; and expressed appreciation to all crossing guards for their dedicated service.

Commissioner Scarborough stated Susan Canada is present at the meeting today; and she is a citizen who is very aware of the needs of animals.

 

 

 

Susan Canada stated since the hurricanes there has been such an influx of stray dogs on the north end of the County; she is proud of the North Animal Care and Adoption Center and three of the officers who have gone out of their way to get feral puppies out of the woods; during inclement weather he or she will grab something hot to drink and get into the woods to look for feral puppies and stop dog attacks; and the shelter is always spotless and the animals are well cared for.  She stated Kennel Supervisor Vicki McCrone is the first and the last at the shelter, and makes sure everything is well cared for; Animal Care Technicians Amanda Watson and Chris Hahn have been exceptional working with the public and the animals; and Enforcement Officers Madeline Harris, Jeffrey Piccolella, and Christian Rendon have gone out of their way to retrieve every stray animal possible.

 

Commissioner Scarborough advised Ms. Canada has been a champion with animals; she goes out when there is a need on her own time and with her own money; and she always makes sure animals are protected.  He stated each of the North Area Animal Care and Adoption Center employees will receive a certificate of recognition; and thanked Ms. Canada for taking the time to come to the meeting so the Board can recognize the work those employees do. 

 

Chairperson Colon expressed her appreciation to Ms. Canada as it means a lot to the employees and volunteers; stated it is nice for the Board to hear good reports such as this; and it means a great deal to all of those employees.

 

Commissioner Voltz stated Ms. Canada has always been an advocate for animals; she is an animal lover; and she appreciates all of the work Ms. Canada does with them.

 

Chairperson Colon requested Agenda Specialist Sally Lewis come up to the podium as the Board has a surprise for her.  She stated Ms. Lewis is a wonderful person, who is giving, professional, and warm; when a project is given to Ms. Lewis it will be done; and she wants to recognize her for her work with staff, the public, and the Board.

 

Chairperson Colon read aloud a plaque commending Sally Lewis for going above and beyond the call of duty, and assisting the Board, staff, and citizens of Brevard County with the agenda process.

 

The entire Board presented the plaque to Ms. Lewis, and expressed its appreciation for all of the hard work that she does.

 

 

 

 

County Manager Peggy Busacca stated Item III.C.3 was mistakenly placed under the Consent, and she wants to move it to New Business on the Agenda.

 

 

County Manager Peggy Busacca stated County Attorney Scott Knox provided a new page three to the Odyssey Charter School Impact Fee Distribution Agreement under Item III.D.3; it clearly shows the amount of $1,500,000 approved by the Board at its joint meeting with the School Board; and requested the item be approved with the replacement page.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve a replacement page three to the Odyssey Charter School Impact Fee Distribution Agreement under Item III.D.3.  Motion carried and ordered unanimously.

 

 

Child Care Association representative Barbara Moore stated the Agency for Workforce Development is responsible to submit to the Governor on an annual basis a formula for distributing dollars in the community for children; this year a new formula has been proposed that has negative impact on Brevard County; if the formula is approved by the Governor, House, and Senate, Brevard County could lose $2.5 million for child care services and early childhood related services in the community; and the letter received by the Board asks if it will submit a letter to the Governor indicating that the proposed formula should not be approved.  She advised the only way children will not be impacted is to have additional dollars allocated by the State government; if new dollars are appropriated at the State level, the money can be allocated on the formula; but if that does not happen, she is requesting that the formula not be implemented.  She noted a formula is needed for allocating dollars to see that it is fairly distributed in the State, but not at the expense of removing children currently in care.

 

Chairperson Colon stated with things being difficult as it is in the community this kind of impact is huge; and suggested also sending a letter to the Legislative Delegation, Legislative Coordinator, and Lobbyist.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge Barbara Moore’s presentation regarding the School Readiness Equity and Performance Allocation Funding Formula being proposed by the Agency for Workforce Innovation and its effect on child care services in Brevard County; and authorize the Chairperson to submit a letter to the Governor requesting the rejection of the formula being

 

 

 

 

 

 

recommended by the Agency for Workforce Innovation for School Readiness Equity and Performance Allocation Funding, with copies to the Legislative Delegation, Legislative Delegation Coordinator, and Lobbyist.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon stated many people watched the joint workshop between the Board and the School Board; thanked the other Board Members and staff; and stated School Board Chairman Robert Jordan did a wonderful job as Chairman of the meeting.

 

Commissioner Voltz stated School Board Chairman Jordan did an excellent job keeping things going at the workshop; and suggested a letter be submitted by the Chairperson thanking School Board Chairman Jordan for his professionalism.

 

 

Commissioner Nelson stated he has an issue with Item III.A.1 on the Consent Agenda; but does not want to pull the item.  He stated there is a Policy in place that addresses this situation, the Policy is waived, and then it gets broader.  He advised in this case there are four lots on a substandard sized parcel; there will be two flag stems side-by-side; and it seems to be contrary to managing growth and infrastructure.  He stated it is a mechanism for not creating smaller subdivisions, and it is a concern.

 

 

Chairperson Colon stated the new Assistant County Manager is Mel Scott, replacing Ed Washburn.

 

Assistant County Manager Mel Scott stated he is excited to be back with Brevard County; he thanks the Board for its support; and he looks forward to working hard on behalf of the Board and County Manager.

 

 

 

Commissioner Voltz stated she wants to appoint Deborah T. Clarke to the Historical Commission, replacing Michael Newquist. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Deborah T. Clarke to the Historical Commission, with term expiring December 31, 2007.  Motion carried and ordered unanimously.

 

 

 

 

Commissioner Voltz stated Saturday, February 17, 2007 is the Valkaria Airfest; there will be a lot of fun activities and food; and it will be a wonderful event.

 

 

Commissioner Voltz stated the Grant Seafood Festival will be held February 24 and 25, 2007; it is a huge community event; there will be lots of food, music, and fun; and she encouraged the public to attend.

 

 

Commissioner Voltz stated Chairperson Colon mentioned earlier in the meeting ways to help the people of Central Florida; she suggested donation of blood; there is always a need for blood; and blood can be donated under someone’s name.

 

 

Commissioner Bolin stated she was pleased to have attended the ribbon cutting ceremony in Rockledge of the Barton Redevelopment Project; it was a good turnout even though it was chilly; it was interesting to see Rockledge Mayor Larry Schultz driving a front end loader; and it is a terrific project that will make a difference for Rockledge.

 

 

Commissioner Bolin stated the Greek Festival will be held at St. Catherine’s Church on Friday through Sunday; there will be food and events for the children; and encouraged the public to attend.

 

 

Commissioner Bolin stated she received a challenge from Commissioner Voltz; her office collected $60; she is sure there will be more money coming; and she surrendered the money to Commissioner Voltz to donate to Cystic Fibrosis.

 

 

Commissioner Bolin stated a resident of the County contacted her office about a problem regarding the amount of dogs which she can have in her home at one time; she

 

 

 

 

 

 

 

lives in a mobile home park in unincorporated Brevard County; she has four dogs of her own; her son was deployed to Iraq by the military; she has to care for his two dogs while he is away; and the Code allows a person to only have four dogs.  She stated it is a unique situation; her son does not know how long he will be deployed; and suggested the Board do a temporary Code Enforcement abatement for the number of dogs this individual is allowed to have for one year.  She stated the abatement will only be for the number of dogs; if there is a noise or nuisance problem that is different; but she wants the Board to consider a one-year temporary abatement of Code Enforcement Fines for the number of dogs this individual can have.

 

Chairperson Colon stated the Board is only considering this for the military personnel; it is a wonderful idea; and thanked Commissioner Bolin for bringing it to the Board’s attention.

 

Code Enforcement Manager Bobby Bowen stated he spoke with the individual in question and she understands the situation; she appreciates the Board discussing the matter today; and staff supports the request in light of the circumstances.  He advised staff will ensure the wording is correct; he is happy there will be a time limit on this issue; and it will give staff the ability to put it in the report to flag it and reassess the situation at that time. 

 

Chairperson Colon inquired if the County will be able to assist the men and women who serve on behalf of the country; with Mr. Bowen responding there is a Soldier/Sailor Act that the County has to comply with by federal law if a person is serving in the military that will come into play as far as Code violations are concerned.  Chairperson Colon advised there is an ordinance created in Lee County that the Board is considering that will help the soldiers. 

 

Commissioner Voltz inquired if there were many complaints from the community regarding this particular issue; with Commissioner Bolin responding her records indicate there was only one anonymous call received.  Commissioner Bolin advised the individual has no history of any other complaints.

 

County Manager Peggy Busacca stated when the number of dogs are abated it will be the total of dogs that are in the home now as opposed to allowing additional dogs over the one-year timeframe. 

 

Commissioner Nelson stated the initial complaint was not that the two dogs were added but because there were ten total dogs, including the puppies.  Mr. Bowen advised one dog had puppies, but the puppies have since been given away; but the puppies will not count as it only relates to adult dogs.

 

 

 

 

 

 

 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve temporary abatement of Code Enforcement fines for Kay Shipley to allow six dogs in her home, four of her own and two belonging to her son, while he is stationed in Iraq; and to direct staff to reevaluate the situation after one year. 

 

 

Commissioner Nelson inquired if there will be a time limit for compliance after the soldier comes home; and at what point the County knows that the circumstance no longer exists.  Code Enforcement Manager Bobby Bowen responded staff requested that should the individual’s son return before the year is up that they be notified so the case can be closed.  Mr. Bowen stated once the dogs are removed, staff will go out and reassess.

 

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

 

         

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the waiver for flag stem/easement lot creation for Jonathans Landing, creating four lots utilizing two flag stems and easements accessing Arnold Palmer Drive, and developer obtaining all other necessary jurisdictional permits.  Motion carried and ordered unanimously.

   

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Task Order #04-001-12 with BRPH Architects Engineers, Inc. for the expansion of the lake at Chain of Lakes Regional Park; and to authorize bidding and award of the project to the lowest responsive and responsible bidder.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept Utility Easement for a sanitary sewer system and waive the Phase 1 Environmental Assessment for the new Carroll Distributing Company building located on Silicon Avenue in Viera.  Motion carried and ordered unanimously.

 

 

            ASSOCIATION, RE:  TRAFFIC CONTROL ENFORCEMENT BY  

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with The Summit of Sawgrass Homeowners Association for the Brevard County Sheriff’s Office to provide traffic control enforcement for the community known as The Summit of Sawgrass.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant approval to subordinate the lien placed on property owned by Crosswinds Youth Services, Inc., in order to build a new single-story, 12,835 square foot building, including a learning center, assessment room, and media room.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise Request for Proposals from Architectural/Engineering (A&E) firms; appoint a Selection Committee comprised of Cheryl Page, Assistant Parks and Recreation Director, or her designee; Terry Lane, North Area Parks Operations Manager, or his designee; Stockton Whitten, Assistant County Manager, or his designee; a board member from The Harry T. and Harriette V. Moore Cultural Complex, Inc; and Don Lusk, Interim Parks and Recreation Director, or his designee; appoint a Negotiating Committee to be comprised of Stockton Whitten, Assistant County Manager; Scott Knox, County Attorney; and Don Lusk, Interim Parks and Recreation Director, or designees; and  authorize the Chairperson to execute the negotiated Contract.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise Request for Proposals for Architectural/Engineering (A&E) firms; appoint

 

 

 

 

 

 

 

Selection Committee comprised of Cheryl Page, Assistant Parks and Recreation Director, or her designee; Terry Lane, North Area Parks Operations Manager, or his designee; Stockton Whitten, Assistant County Manager, or his designee; a board member from The North Brevard Heritage Foundation, Inc.; and Don Lusk, Interim Parks and Recreation Director, or his designee; appoint Negotiating Committee comprised of Stockton Whitten, Assistant County Manager; Scott Knox, County Attorney; and Don Lusk, Interim Parks and Recreation Director, or designees; and authorize the Chairperson to execute the negotiated Contract for The Pritchard House.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Request for Proposals; appoint Selection Committee comprised of Scott Taylor, Land Manager Central Region, EEL Program; Steve McGuffey, Assistant Land Manager Central Region, EEL Program; Vince Michault, Assistant Land Manager South Region, EEL Program, Xavier De Seguins, Assistant Land Manager North Region, EEL Program; Nichole Strickler, Assistant Land Manager South Beach Region, EEL Program; and Sue Gosselin, Representative from the Natural Resources Management Office, or their designees; appoint Negotiating Committee comprised of Scott Taylor, Central Region Land Manager, EEL Program; Steve McGuffey, Assistant Land Manager Central Region, EEL Program; and Don Lusk, Interim Parks and Recreation Director, or their designees; a representative of the County Attorney’s Office will attend Negotiation Committee meetings in an advisory capacity; and authorize the County Manager to execute awarded contracts and any subsequent amendments for invasive plant management contingent upon review and approval by the County Attorney and Risk Management.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution for Economic Development Tax Abatement qualifying Southco Marine as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution approving Southco Marine, Inc. as a Qualified Targeted Industry business, and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise Notice of Public Hearing for proposed Ordinance amending the Code of Ordinances by replacing the terminology “Occupational License” with the terminology “Business Tax Receipt” and replacing the terminology “Occupational License Tax” with terminology “Business Tax”, in order to conform to recent changes in the State law.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize advertising and scheduling of an Executive Session for February 20, 2007, at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to litigation regarding Brevard County v. Indianapolis Home for the Aged, Inc., et al.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Impact Fee Agreement with Bayside Lakes Development Corporation and authorize the Chairperson to execute the same on behalf of the Board.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the Chairperson to sign the Settlement Agreement and Release with Great American
Insurance Company and APM Construction Corporation for the County Service Complex, Palm Bay Project, in the amount of $150,000.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the Sebastian Inlet Tax District Commission, Annual Financial Report and Annual Audit Report for the period ending September 30, 2006.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve use of $270,000 of State Forfeiture Funds for the acquisition of new electronics and computer equipment, and a vehicle designed to transport equipment for the Criminal Investigation Division; and authorize the necessary budget amendments.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Bills and Budget Changes, as submitted.  Motion carried and ordered unanimously. 

 

 

Tourism Development Director Rob Varley stated he attended a dinner in New York City for the 50^th Annual Hotel Sales and Marketing Association International Adrian Awards; Tourism Development submitted its Astronaut Advertising Campaign for consideration; Chairperson Colon also attended the event along with 800 international tourism people; there were over 1,200 entries from 36 countries; nine platinum awards were given for advertising campaign; and Brevard County received one of those awards.  He stated

 

 

 

 

 

 

 

they were on stage with Sandals Resorts, Hilton International, and Las Vegas Convention Visitors Bureau, all of which have huge multimillion dollar advertising budgets; he felt good about winning the award; the Zimmerman Agency helped design the ad; and he is proud of his staff who helped organize and get the campaign up and running.  He advised during the dinner his counterpart from Kissimmee stopped by and congratulated him, and he could not believe the Chairperson of the Board attended the event.  Chairperson Colon stated Louisiana was well represented at the dinner as it had the Lieutenant Governor present.  She stated there were 36 countries involved, and Brevard County was able to win the award. 

 

Commissioner Voltz stated she sits on the Tourism Development Council; she was unable to attend the event in New York due to prior commitments; and she is happy that Chairperson Colon attended so Brevard County was represented there.   

Chairperson Colon called for the public hearing to consider an ordinance granting tax abatement to Allied Door and Hardware Company, Inc.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Allied Door & Hardware Company, Inc., 6975 Tico Road, Titusville, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Allied Door & Hardware Company, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

Chairperson Colon called for the public hearing to consider an ordinance granting tax abatement to Bombardier Recreation Products, Inc.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Bombardier Recreation Products, Inc., 1111 JA Bombardier Blvd. SW, Palm Bay, Florida; specifying the items exempted; providing the expiration date of

 

 

 

 

the exemption; finding that the business meets the requirements of F.S. 196.012;
providing for proof of eligibility for exemption; providing for an annual report by Bombardier Recreation Products, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough stated there are representatives from Parrish Medical Center present today; the County purchased the property behind Parrish Medical Center for $2.8 million; and it will sell it to the ultimate user.  He advised the Medical Center will take the upland portion for its Wellness Center directed towards the senior population of the County; the portion to the east will belong to St. Johns River Water Management District for stormwater; the continuation of the lake was already approved under the Consent Agenda; and he is excited about this project.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase with North Brevard County Hospital District, d/b/a Parrish Medical Center for purchase of approximately 6.5 acres of upland property located in the Chain of Lakes Project.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Scarborough stated this Project is in District 1; it is something that will afford the County the opportunity to take a finger of the Lagoon as on the east side it is already under federal control; it is stormwater and potential trails; it can only enhance the quality of living in Brevard County; and it is something the County can be proud of.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve submitting an amendment to the Indian River Lagoon Blueway Florida Forever Project to the State’s Acquisition and Restoration Council for ten properties in the Titusville and Mims areas.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough stated it is a good contract for the County; it will allow it the opportunity to open up the Chain of Lakes; it is something that has been struggled with; but it is coming together.

 

 

 

 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase between Brevard County and Deborah L. Ellingsworth, owner of a parcel of land lying east of U.S. 1, south of Jay Jay Road for the Chain of Lakes Park Project; waive the requirement for an appraisal in advance; and approve the Contract subject to the appraised value being at least equal to the Contract amount.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve submission of the Competitive Grant Application for the Emergency Mapping Technology and Analysis Center (EMTAC); authorize the Chairperson to sign the Emergency Management Competitive Grant provided by the State of Florida, Division of Emergency Management; and delegate the County Manager or her designee to sign any subsequent documents for the acceptance and administration of the grant.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Emergency Management Director to submit a Competitive Grant Application to the Florida Division of Emergency Management for an Emergency Warning System; and if the grant is approved, to authorize the County Manager or her designee to sign any subsequent documents for the acceptance and administration of the grant.  Motion carried and ordered unanimously. 

Commissioner Voltz stated she voted against this item during the budget process as it was too much money; at looking at the fiscal impact it is looking like nearly one-half a million dollars on next year’s budget; the Board should be cautious unless the Library Services Department can come up with the money from its own budget; she does support libraries; but she is against the costs of the Projects.

 

 

 

 

 

 

 

 

Library Services Director Cathy Schweinsberg stated the Library Construction Project is before the Board for approval; it includes the projected schedule for the four library projects, an option for design of the Palm Bay and Rockledge Libraries, and approval for Library Services to apply for LSTA State grants, which will be up to $500,000 for each of the projects being funded; the attached Resolutions need to be approved and be included with the Grant Applications due on April 1, 2007; and the Board needs to authorize staff and Finance to develop financing options. 

 

Commissioner Scarborough stated some of the old trailers were moved from the Parkway area to be used as the Mims/Scottsmoor Library; and those trailers are in a condition that they will need to be repaired if the Board does not move forward.  He advised what is unique with the 2000 Referendum the County had money to acquire land for a community center; when the Referendum was passed it moved from buying land to actually building; in talking to consultants it determined even with two adjacent sites, to build one site rather than two the savings is between $250,000 and $500,000; and the County can save one-half a million dollars to joint plan the site.  He noted in December the County asked the community at its community meeting will it be acceptable to co-locate; it was determined they will be okay with that but another meeting will need to be planned to talk about some of the dynamics; and in January there was another meeting and the County was given instructions to proceed with the item.  He stated there needs to be 15 usable acres for the community center and the library; and staff is putting those numbers together so the Board can see how to optimize.  He stated the library can be downsized with the idea the community center will be next door and there will be an additional cost savings.  He stated he may end with the fragmenting of the discussion with the community center moving forward, with his needing to repair the library; he wants a full staff report on the financial implications on District 1 to fragment the two discussions at this point; and staff is ready to go back to the community with the site determination. 

 

Commissioner Nelson stated the Mims/Scottsmoor Library has served its citizens well but it needs to be replaced; it was a building that was relocated; and that project needs to move forward.  He inquired where will the County be in three or four years based on millage and what will it cost; stated he wants to see a projection where the County will be regarding the millage for the Library MSTU to get there and how will it impact the aggregate.  He stated the Mims/Scottsmoor and Palm Bay Libraries need to move forward; both of those libraries are critical at this time; he is less optimistic about the Rockledge Library; the location of the Rockledge Library is so close to the existing library; and it needs to be further south to take some of the pressure off of the Suntree Library.  He inquired if a decision must be made today on moving forward on those two or can that be part of the discussion when the millage numbers come back as well; with Ms. Schweinsberg responding the site has not been selected at all for Rockledge; it is just a recommendation; other areas are being looked at in the City of Rockledge; and further south will take off some of the pressure from the Suntree/Viera Library. 

 

 

 

 

 

 

 

Commissioner Nelson advised he wants to see Mims/Scottsmoor and Palm Bay Library Projects to move on today as it is very critical.

 

Commissioner Voltz inquired if the County saves one-half to one million dollars, is it recurring or one-time; with Commissioner Scarborough responding it is one time only for construction costs.  She advised she has a problem with the construction schedule; the County got in trouble with the Parks Projects; the schedule is aggressive; and something needs to be changed.

Chairperson Colon inquired if Assistant County Manager Don Lusk has the same concerns as Commissioner Nelson and Commissioner Voltz; with Assistant County Manager Don Lusk responding a person never knows what construction costs will be in a year.  Mr. Lusk stated this item was brought before the Board so it will know upfront what the prioritization and issues are with the projects; a lot of analysis was done on behalf of those projects; staff believes it can be done this way; the Board wants to move fast on this issue; and staff can come back to the Board if things do not look good.  He stated the Library Projects are being done differently than the Park Projects; everything has been laid out to the Board upfront; and staff will continue to address it out loud and in the public.

 

Commissioner Bolin inquired what will be the timeframe for the Rockledge Library starting from scratch if option one is chosen; with Ms. Schweinsberg responding once the process begins it can be done quickly.  Ms. Schweinsberg advised there is a savings if the plans are purchased.  Commissioner Bolin stated she agrees with Option One regarding reusing existing plans; the Suntree/Viera Library is going to be an expansion and no staff will be added; and the only expense will be the building. 

 

Commissioner Scarborough inquired if there will be new staff for the Mims/Scottmoor Library; with Ms. Schweinsberg responding yes.  Commissioner Scarborough inquired how much will that be; with Library Financial Director Frank Vessel responding approximately $60,000 per year increase for staffing. 

 

Commissioner Bolin stated the Palm Bay Public Library is in disarray and it needs to be addressed; the Mims/Scottsmoor Library needs to be addressed; Suntree is only an expansion; and Rockledge will be everything.  Mr. Vessel stated it will be approximately $350,000 for staffing of that Library.  Commissioner Bolin inquired if the Board postponed the Rockledge Library for another year, will there be a grant the following year or will that opportunity be lost; with Ms. Schweinsberg responding there has been ability to apply for grants every year for quite some time now.    

 

Commissioner Nelson inquired what the process is going to be to decide where the Rockledge Library will be located; with Ms. Schweinsberg responding staff will look at

 

 

 

 

 

 

 

 

those properties that exists or buildings if that is the case.  Ms. Schweinsberg stated there have already been some recommendations; and staff will put together a valuation team to look at it.

 

Commissioner Voltz inquired if the approximate cost of $350,000 for staff is in addition to the $400,000 of recurring costs; with Mr. Vessel responding that includes the $350,000.  Commissioner Voltz stated the Suntree/Viera Library is being expanded so it will have to have more staff.  Ms. Schweinsberg advised the expansion is for more shelf space; the turnover is the highest of all 17 libraries; and more space is needed for more books.  Commissioner Voltz advised if services are expanded, more staff will be required
eventually.  She stated the Palm Bay Library and Suntree expansion can be moved up to a different timeline.  She stated the last time the Parks Referendum was done there was an underestimate of the cost; and inquired how the Board will know it will be correct.  Assistant County Manager Don Lusk responded staff has done the same thing at this point as was done with the Parks Project, which is to use staff estimates of it.  He stated building a single building is different than building a park; but staff will keep the Board involved every step of the way. 

 

Motion by Commissioner Bolin, to approve the Public Libraries Projected Project Schedule, with Palm Bay Library beginning as soon as possible, Mims/Scottsmoor Library beginning later in Fiscal Year 2007, and Suntree/Viera Library beginning later in Fiscal Year 2008; approve Option One to use the plans for the existing Melbourne Beach Library for design of the new Palm Bay and Rockledge Libraries; grant permission to apply for State Grants and authorize the Chairperson to execute the Grant Application forms; adopt Resolutions necessary for each Library’s Grant Application; and authorize staff and the Finance Department to develop financing options.

 

Commissioner Bolin stated she wants to propose the Board approve the projected schedule with one change that Rockledge Public Library can slide to the following year; the Board can watch that carefully; and it can be flexible as far as monies go.  She stated she wants to approve Option 1 as far as the floor plans; and apply for all four grants.  She inquired if it will be a problem as far as Rockledge Public Library being moved to 2009; with Ms. Schweinsberg responding she will have to look at the guidelines.  Ms. Schweinsberg stated the State of Florida is good about grants; and she can report back to the Board regarding this matter.

 

Commissioner Nelson stated the Sheriff came before the Board with a proposal to build tents that was $13,000,000; by the time it went to bid it was $15,000,000; and by the time it was finished it cost $17,000,000.  He stated it is the nature of construction at this point in time; no one in 2000 was projecting that costs were going to go up 30% to 40%; while there may have been issues in terms of cost estimating those were done in the year 2000 dollars; the prices were good for that year; and the County has taken a

 

 

 

 

 

 

 

beating in that regard.  He stated there have been lessons learned, but if anyone had come before the Board and said there needed to be a 30-40% contingency, it would have thought staff did not know what it was doing. 

 

Commissioner Nelson seconded Commissioner Bolin’s motion.

 

Commissioner Nelson inquired if the County built a Rockledge Library and a South Rockledge Library, will it take some of the pressure off of Suntree/Viera Library for some period of time; with Ms. Schweinsberg responding Suntree/Viera needs 5,000 square feet for what is going on right now. 

 

Chairperson Colon stated the questions that are being asked are appropriate; Brevard County citizens want to make sure the Board learns from a lot of the things that come back; it is always going to be in a learning mode; and it would be arrogant of the Board to think it knows it all.

 

Commissioner Scarborough stated from asphalt and building roads to parks to the price of homes in Brevard County, construction costs went up; when the County goes out to bid it gets an exceptionally good response; this is not a bad time for the County to build; and it is not a bad time for the construction industry that money can be put into that
industry to keep it alive during a weak time.  He stated government should move
contrary to the private sector; when the private sector is strong government backs off and does not compete; when the private sector becomes soft the government needs to compete; he is speaking of the federal, state, and local level; in doing so it strengthens the construction industry during the weak times; and it makes good economic sense to the County.  He noted if for some reason things come together with Rockledge, he would not want to defer it arbitrarily; and if the County is able to affect savings by doing things smart, and the money is there, it should construct the Rockledge Library.

 

Chairperson Colon stated if there is a time to build it is now; many of the projects out there that have been pending should be taken full advantage of during this time; it will be a blessing to taxpayers and the construction industry; and now is the time to get the construction started. 

 

Commissioner Voltz inquired who estimated the cost of the library construction projects; with Assistant County Manager Don Lusk responding with Facilities and Library Services assistance, the estimates were accomplished.  Commissioner Voltz stated the estimated millage of what it will cost in the future and what that increase will be needs to come back to the Board as soon as possible.  She advised she will not support the motion as she did not support going out for it when the budget was agreed to last year; she does support libraries; everyone is looking at trying to reduce taxes; and it is something the Board needs to be wary of.

 

 

 

 

 

 

 

 

Chairperson Colon stated the County has done many surveys in the community regarding the service and what to focus on; the feedback has been tremendous regarding how much the libraries and parks are supported by the public; it is good for the public to hear what factors lead to action being taken at this time; and it is an excellent step and the Board needs to move forward. 

 

Commissioner Voltz stated Brevard County does have an excellent library system; Ms. Schweinsberg is doing a wonderful job with the libraries; if people in the community had a choice between increased taxes and library services he or she would probably vote for a decrease in taxes; and she hears on a daily basis that people want lower taxes.

 

Chairperson Colon stated the taxpayers know what they want; it is clear how people feel about what is important to them, which is quality of life; the Board has no intention of increasing taxes; that is what the budget process is for; and she is excited the Board is very conservative and watching the taxpayers dollars.

 

Commissioner Bolin stated Library Services and the libraries are used by the students who do not have computers at home to do homework; it is just not checking out books; she is a strong supporter of the libraries and participates in using them; and wants to
amend her motion.

 

Motion by Commissioner Bolin, to amend the motion to approve the Rockledge Library Project commence in early Fiscal Year 2008, with the caveat that if the County runs into financial difficulties, the Rockledge Library will be postponed for one (1) year. 

 

Library Services Director Cathy Schweinsberg stated she has the information on the grant application process; the approved project must be under contract for construction within 540 days of the grant award; and it will make the date December 23, 2009 if the grant is applied for in this cycle, which is due April 1, 2007.

 

Commissioner Voltz stated there will be an increase in taxes of $400,000, and that will be some millage rate; the Board needs to find out what that millage increase will end up being; and there will be an increase in taxes sooner or later.

 

Chairperson Colon stated the public needs to know that the Board is only speaking about this particular item regarding tax increases; the entire Board wants to save taxpayers money; and the millage is supported by the Board.

 

County Manager Peggy Busacca stated any information given to the Board about millages will be guesses at this time because staff has no idea about valuations.

 

Commissioner Nelson accepted Commissioner Bolin’s amendment to the motion.

 

 

 

 

 

 

 

 

 

Chairperson Colon called for a vote on the motion as amended, to approve the Public Libraries Projected Project Schedule, with Palm Bay Library beginning as soon as possible, Mims/Scottsmoor Library beginning later in Fiscal Year 2007, Suntree/Viera Library beginning later in Fiscal Year 2008, and Rockledge Library beginning in early Fiscal Year 2008, with the caveat that if the County runs into financial difficulties, the Rockledge Library will be postponed for one (1) year; approve Option One, to use the plans for the existing Melbourne Beach Library for design of the new Palm Bay and Rockledge Libraries; grant permission to apply for State Grants and authorize the Chairperson to execute the Grant Application forms; adopt Resolutions necessary for each Library’s Grant Application; and authorize staff and the Finance Department to develop financing options.  Motion carried and ordered; with Commissioner Voltz voting nay. 

 

 

Commissioner Voltz stated the reason she wanted to speak on this is that it appears the Board has decreased staff by one and one-half full-time employees; new employees will end up being hired for the other jobs; she does not see any reason to advertise the libraries; and she does not support marketing services for the libraries. 

 

Commissioner Scarborough stated the word marketing is probably incorrect; people have certain things and if they do not know what they have, he or she does not really have it; many people do not know that the libraries have computers for the public to use; and a person may not know what services may be available.  He stated a lot of people are not as fortunate as the Board as it knows about all of the services at the libraries; there is nothing wrong with letting people know that more can be done than he or she may have thought; and it goes beyond just books.  He stated $125,000 to allow people to further enjoy the benefits of what the libraries have to offer seems like a small price to him.

 

Commissioner Nelson stated it is his understanding that Ms. Schweinsberg is getting rid of a position and one-half; she will use those dollars to get out information on what events are going on at the libraries; it is just a communication program from being in-house to external; and inquired is it the same dollar amount as it was when it was being done internally; with Ms. Schweinsberg responding it is actually a savings.

 

Commissioner Bolin stated she concurs with Commissioner Nelson that it is just a change of the service; she applauds Ms. Schweinsberg for decreasing staff; the Board wanted departments to look at what can be improved and streamline operations; and it is a good idea going to an outside source that is totally dedicated to giving the County a good product.

 

 

 

 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to award the best ranked proposal received from Space Coast Advertising Consortium to provide marketing and public promotion services for Library Services; appoint Library Services Director Cathy Schweinsberg; Frank Vestal; Library Services Finance; Tourism Development Director Rob Varley; and Deputy County Attorney Shannon Wilson to negotiate contract terms to be effective for three (3) years with an option to renew for an
additional two (2) years; and authorize the Chairperson to execute the negotiated contract.  Motion carried and ordered; with Commissioner Voltz voting nay.

 

 

 

The meeting recessed at 10:27 a.m., and reconvened at 10:44 a.m.

 

 

Cliff Repperger, Attorney for Cook/Manor House LLC, et al, stated he represents the respondent in the code enforcement action and a request for reduction of the fine amount and lien imposed in this case.  He stated he has a property representative, Ms. Debbie Hayden, who was the Manager of Manor House during the majority of the period of time being discussed for compliance; and requested leniency from the Board in terms of describing the events regarding the lien imposition so the Board can have a full understanding of the extenuating circumstances the respondent is asserting are in play for the purposes of reduction request.  He advised to give the Board some historical background, in the package is Ms. Hayden’s affidavit that was submitted with the original request for reduction to the Special Magistrate; the case was originally cited with a notice of violation in July 2003; the essence of the violation is a fire alarm violation; Brevard County has cited the respondent for not having appropriate fire alarms in place; by first looking at the case to see the amount of time it took to come into compliance it looks rather egregious; the lien that has been imposed is $202,250; but there are mitigating circumstances.  He advised when it was originally cited the respondents went right out July 23, 2003 and signed contracts to have those alarms installed; that was approximately 2 weeks after the respondent was cited; the contract was signed with a company called Detect Alert; Detect Alert agreed to cure the violation; at that time the violation was remedied in some way; it was later brought back as a recurring violation because the violations were not installed prior to 2004; and the case was brought to a hearing before the Special Magistrate.  He stated at the hearing before the Special Magistrate the respondent pled non-compliance and was given until May 27, 2004 to bring that property into compliance; representatives from Detect Alert were present at the hearing; the appropriate fire officials informed Detect Alert about what type of work was needed to be done to bring the property into compliance; the DB levels were

 

 

 

 

 

 

 

 

not loud enough to meet requirements pursuant to Code; and the respondent agreed to that. He noted in addition to that, the respondent agreed to put fire alarms in two more buildings; in February after the hearing the respondent again signed two more contacts with Detect Alert to do the other two buildings that were at issue; and the total contract price was $42,410.  He stated Detect Alert went forward and installed external alarms outside of the building; there was an external in place at that time; the appropriate fire
officials came and did an inspection on May 27, 2004; the DB levels were not adequate; and the building failed inspection.  He advised Detect Alert informed the respondent they would install internal alarms to bring the decibal level up, but it would require an additional $60,000 of contract work; Detect Alert agreed to meet the standards that were in play at the time the original contracts were signed; the original $42,000 should have covered the entire violation; it was a breach of contract for Detect Alert to come back and say the respondent would owe an additional $60,000 to bring the property into compliance; and there has been some degree of posturing between the two parties as far as the work that was supposed to be done.  He stated after that period of time, the respondent did go out to try to get other contractors to give price quotes for internal alarms; a price quote was received in July 2004 after the system had failed;
before the opportunity to bring another contract in to do that internal installation, the hurricanes of 2004 hit; the buildings of Manor House were significantly damaged by those hurricanes; and several of the residents had to be relocated due to the fact that there were significant other concerns like roof and water intrusion related to the hurricane damage.  He stated after those storms it was very difficult to get contractors to come; the climate of bringing contractors in was different in 2004 than it is now; the respondent had a difficult time getting contractors to perform the necessary work to fix the damage in the buildings; and the fire alarm system became a back burner issue at that time because of the other damage.  He noted had he represented the respondent at that time, an appropriate action would have been filed; the respondent did not go back before the Special Magistrate to explain what the circumstances were; the $250 a day fine continued forward at that time to spite the fact they were powerless to anything about it from a contractor’s perspective; from September 2004 through July 2005 the respondent addressed those types of contractor issues related to the storm damage; in July 2005 ADT, another contractor, gave an appropriate price quote on internal alarms; the respondent signed that contract for $57,176; and ADT agreed to install those alarms.  He stated there was a system in place; when the original violation was cited there was no system in place; at the time the violation was found to exist, the $250 a day fine was based on the fact this was a significant health, safety, and welfare issue; by July 2005 the situation had changed as there was an external alarm system; and it did not meet Code, but it changed the situation as the health, safety, and welfare risk was not as heightened as it was when the violation was originally found.  He stated there was a fire event in September 2005 in one of the buildings; it was an 11:00 p.m. fire; the alarm was pulled and the building was evacuated based on the alarm that was pulled; those were the external alarms; and the issue is not the fact the alarm system was not in place

 

 

 

 

 

 

 

 

or it could not be heard, but it did not meet Code.  He advised in January 2006, after several months of negotiating for the engineering schematics with Detect Alert, which required the respondent to pay Detect Alert the balance owed under the original work that was performed, Detect Alert did finally give those engineering schematics to ADT; in January 2006 ADT began the work; the subcontractor advised the work would be done in June 30, 2006; but it ended up taking until August 2, 2006 to cure the violation.  He
noted after that time an order imposing the lien of $202,250 was imposed by the Special Magistrate; he filed a request for reduction before the Special Magistrate; there was a hearing held where the request was denied and the order was imposed; and that is why he is before the Board asking, based on those extenuating circumstances, to have that amount reduced.  He advised based on the timeline there were significant extenuating circumstances that went beyond what the respondent had control over to prohibit the respondent from being able to bring the violation into compliance in a timely manner; and all of those things are outlined in the affidavit.  He stated the corrections were complex in nature based on the fact the system required engineering schematics and technical work; the respondent could not cure the violation themselves; the
respondent required the help of contractors; they were at some degree at the mercy of those contractors curing the violation; and there was a health, safety, and welfare concern, but it had been abated by the time the lien was imposed.

 

Commissioner Bolin inquired before the violation date of July 2003, when did the Manor House open as an apartment complex, and how long were those people without any alarm system; with Mr. Repperger responding he does not know how long the property has been used as an apartment complex.  Mr. Repperger advised maybe the fire official can address why it had not been cited up to that point. 

 

Southeastern Regional Manager of Cook/Manor House Debbie Hayden stated the property was just taken back March of 2003. 

 

Commissioner Voltz inquired if Mr. Repperger was involved at the Special Magistrate process; with Mr. Repperger responding his office was not involved until well after the request for imposition was put into place.  Mr. Repperger advised it was probably late 2005 when he came into the case; at that point of time it had just signed the contracts with ADT; the violations already existed; and the fine was already substantial at the time.  He stated he advised the client to try to remedy the situation as quickly as possible.  Commissioner Voltz inquired if all of the information was supplied to the Special Magistrate; with Mr. Repperger responding it was submitted to the Special Magistrate, but the request for reduction was not granted.  Commissioner Voltz stated $202,000 is nothing compared to what may have been paid should a fire have broken out.  Mr. Repperger stated he does not disagree with the fact that there was a heightened health, safety, and welfare risk; it was significantly reduced based on the external alarm system; the fire event is direct evidence of that; this fine is the highest Code Enforcement lien

 

 

 

 

 

 

 

 

fine in the history of Brevard County; and the highest fine amount before this is $45,000.  He stated it is inequitable based on the circumstances that existed over this period of time that a fine amount of that substantial nature should be imposed against the property.  Commissioner Voltz inquired where the Board should go regarding such a high fine; with County Attorney Scott Knox responding it is up to the Board.  Mr. Knox advised it is an equitable relief forum at this point; the fine has been imposed; it will be treated as a $202,000 fine; and the Board can do something about it if it wants to. 

 

Commissioner Voltz stated she is concerned as it is a life safety issue; it is higher than normal; it can reduce some based on the circumstances; but it should not be reduced down to $800.

 

Commissioner Scarborough stated at this point is not the time to hear the case; at the appellant level a case is not retried as it is remanded back down; and inquired if Mr. Repperger feels all of the information was submitted for review.  Mr. Repperger responded he did have an adequate opportunity to present the evidence to the Special Magistrate.  Commissioner Scarborough stated if Mr. Repperger had said otherwise, he
would be inclined to send it back to the Special Magistrate for further review; it is not his inclination for the Board to rehear the case; it will not do the same quality of job for either side; the fine is certainly high; most of the Code Enforcement is for debris around a home; and this is something of a higher nature.  He stated he is surprised the County did not go to court and ask for an injunction; normally when it hits this level of concern it is moved more rapidly; and the Board has a moral responsibility when people’s lives are at risk to seek the courts relief as well.  He advised he will listen to the other Board Member’s comments but he is not inclined to give any reduction at this moment.

 

County Manager Peggy Busacca stated if someone were interested in some sort of reduction, the Board gave a 90-day abatement after the hurricanes while things were settling down; if the County takes $250 a day times 90, according to her math, it is $22,500; and if the Board reduced the fine it will be $179,750.  She stated that is something the Board has done in other cases; but since it is a life safety issue it may think about this situation differently.

 

Commissioner Nelson inquired what the occupancy rate was during the period after the hurricanes; with Ms. Hayden responding immediately there were 40 people who had to be relocated.  Ms. Hayden stated those people were relocated to occupied units; the ones that had already been leased had to be sent elsewhere; and there were about 80 apartments occupied. 

 

Assistant County Attorney Terri Jones stated the respondent has appealed the imposition of the fine so it is a court case; Code Enforcement liens do accrue interest; today it is at $6,133.99; it is accruing at approximately $49.87 per day; and the Code

 

 

 

 

 

 

 

 

Enforcement liens are good for 20 years.  She advised the County would have to foreclose on the property; it will be more time and money involved; and if the Board would like immediate payment on condition of a reduction, it is a good way to get it over at one time.

 

Commissioner Nelson stated his concern is the County allows people to continue to live in a facility and it becomes a money issue during that period of time; there seems to be a point where the County has to say if it cannot be brought into compliance the people
need to be moved out; and he has a greater concern over that.  He stated the hurricanes did create some unusual circumstances for people to deal with; and some level of reduction may be appropriate.      

 

Commissioner Bolin stated it is a travesty that those people were at risk; the respondent was cited in July 2003; there was a year before the hurricanes to remedy the situation; and she wants to charge the full amount, less the interest.

 

Commissioner Voltz stated the Board may want to look at the 90-day reduction due to the hurricanes; but she does not want to reduce the fine further.

Motion by Commissioner Voltz, to reduce the Code Enforcement fine for Cook/Manor House LLC, et al to $179,750.  Motion died for lack of a second.

 

Assistant County Attorney Terri Jones stated if any motion is made to reduce the fine, the Board may want to make it contingent on immediate payment or payment within 30 days.

 

Commissioner Scarborough inquired if Mr. Repperger has the authority to settle the situation today; with Mr. Repperger responding he and Ms. Hayden can discuss any amounts the Board may consider.  Commissioner Scarborough inquired if $190,000 is something his client may be interested in; with Mr. Repperger responding he will need time to talk with the client as far as settlement of payment.  Commissioner Scarborough noted there is some benefit to closure on this item; it is not that the Board is compromising its concern; but it is closure and it will at least have recognition.  Mr. Repperger stated the Board may want to say reduced contingent on the respondent dropping the appeal and that way he can talk to his client to see if they want to go forward.  Commissioner Scarborough stated and payment in 15 days.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to consider the Cook/Manor House LLC, et al’s request to reduce the accrued fine for Case #03-3168 of $202,250; approve reducing the fine amount to $190,000, contingent upon the

 

 

 

 

 

 

 

 

Respondent dropping the appeals case and providing payment within 15 days; and if offer is accepted by Respondent, to direct staff to prepare and execute Release and Satisfaction of Lien upon payment.  Motion carried and ordered; with Chairperson Colon and Commissioner Bolin voting nay.

 

 

Commissioner Nelson stated he wants to address the issue of how long a person can live in a facility that is not up to Code; and inquired if there is anything that triggers a red
flag.  Fire Marshal Frank Scates responded he cannot arbitrarily close a building down like that; and he has to go through court processes to do that.  Assistant County Attorney Terri Jones stated the County has the injunction ability; and if the Fire Marshal feels it is a health safety issue, it can be forwarded to the County Attorney.  Commissioner Voltz stated it should have been brought before the Board before now informing it of the issue; and some sort of policy should be created for something such as this.  Mr. Scates stated he took over halfway through this particular issue; and he notified his staff that it will not happen again. 

 

 

Chairperson Colon inquired if someone from the Town of Malabar is present today, and if the Town was contacted that the item will be discussed; with County Manager Peggy Busacca responding she contacted Ed Booth last week.

 

Sheriff Jack Parker stated this situation has been happening for several years; the Town of Malabar is the only jurisdiction in the County that is not paying taxes for the direct patrol services; there were conversations that took place between the County and Town of Malabar; the Sheriff’s Office was on the outside looking in awaiting a determination; and there was a lot of patience exhibited by the Board and the citizens surrounding the Town of Malabar who were actually paying for the services.  He stated he was led to believe that the Town of Malabar Council would have a referendum and there would be a choice to make of whether it wanted to start its own police department or share in the MSTU and continue receiving Sheriff’s services; the Sheriff is proud to serve the Town of Malabar; he did not want to influence the outcome of the referendum; once that referendum happened, the Council would most likely move forward and respect the wishes of the citizens of the Town of Malabar; and the referendum was held and there was an overwhelming support of continuing with Sheriff’s services.  He advised lately there was discussion that the Council does not want to support the MSTU but would like to consider a third option of doing nothing; it is not a legal option; the citizens of Malabar have acted professionally and made a determination as far as where they would like to go; and he is concerned that the latest maneuver by the Council could place the Town of

 

 

 

 

 

 

 

Malabar in a dangerous situation.  He stated one of the options is a lawsuit between the County and Town of Malabar; there is a lot of discussion of possibly losing that and having to pay $800,000 to $1,000,000 in back service payments to the Board; and it is the lesser of the things that could happen.  He advised he is providing direct patrol services using MSTU Deputy Sheriffs; the MSTU provides Deputy Sheriffs to the unincorporated areas of the County and incorporated townships and cities that elect to join the MSTU; the cities have their own police departments and pay their own municipal police service; and every other city is paying for this for the exception of Town of
Malabar.  He stated the people who live in Grant-Valkaria, Micco, Merritt Island, Scottsmoor, Mims, Suntree, and Palm Shores are all basically paying into the MSTU, which is actually providing the protection to Malabar.  He stated the Council thinks the Sheriff has to provide services anyway; it is right but it is misleading; he is required to provide services to a jurisdiction that does not pay taxes into that service; but he is only required by law to respond to in progress crimes and he legally cannot do it with an MSTU Deputy.  He stated the overwhelming majority of Deputy Sheriffs in the Agency are MSTU Deputy Sheriffs; they serve all the patrol responsibilities for all the unincorporated areas and townships that elect to use the MSTU; he is statutorily required to provide a response; but that response cannot come from an MSTU Deputy.  He advised those need to be a General Fund Deputy Sheriff; those are somewhat rare; they are assigned to special operations that have a benefit Countywide; and they are not ready in the Malabar area to respond to a 9-1-1 call.  He stated his concern is that
legally the Sheriff will be prevented providing service with MSTU Deputies; he is concerned that the people of Malabar will suffer; and the citizens want to pay their fair share of taxes.  He advised he promised the Town of Malabar when he spoke to the Council that he does not have the authority to create new deputy sheriff positions, but if there is a support of the MSTU he will conduct analysis on how much revenue that will bring in; in his budget request for the next fiscal year he will put a program change for the additional deputy sheriff’s that the revenue source will fund; and he will put those additional deputies in the South Precinct area.  He stated he is mostly concerned the people of Malabar may be receiving misleading information; maybe when it is too late the service can decline to such a poor level that all of a sudden the citizens are in danger; and he is here to serve the citizens with everything he has.  He stated the most important thing is public safety, and the one thing a person can do is play political games with the safety of Brevard County citizens.

 

Chairperson Colon stated some of the feedback was the fact the straw ballot was to get a pulse on how the citizens felt; and the citizens want the Sheriff’s Office to be the one to provide those services.  She inquired if someone in the Town of Malabar were burglarized who would he or she call; with Sheriff Parker responding the citizen would call 9-1-1 and the Sheriff will respond to them immediately like anyone else within the jurisdiction.  Sheriff Parker stated the Sheriff’s Office treats the Town of Malabar just like Barefoot Bay, Micco, Grant, and Merritt Island; there is a Deputy Sheriff assigned to that area 24 hours a day, seven days a week; and the Sheriff’s Office continues to serve the

 

 

 

 

 

 

 

Town of Malabar like anyone else at this point.  Chairperson Colon inquired if there is a traffic accident in the Town of Malabar who responds; with Sheriff Parker responding Florida Highway Patrol.  Sheriff Parker stated the Florida Highway Patrol has little staffing for the massive responsibilities it has throughout the District that it relies heavily not only upon the Sheriff’s Office but upon municipal police agencies; in many cases it tries to respond; but sometimes the Sheriff’s Office ends up responding.  He stated because of the Sheriff’s response times, it usually beats FHP to the scene; and the major responsibility is seeing safety, caring for the injured, and assisting Fire Rescue with getting the injured persons to the medical care he or she may need.  He stated if FHP takes over the traffic investigation, it is good for the Sheriff, but if not his staff is capable of working it all the way through.

 

Chairperson Colon inquired if there is an accident in Merritt Island is it the Sheriff’s Office solely or is FHP also involved; with Sheriff Parker responding FHP will do its best to work the accident depending on its level of service, but the Sheriff’s Office may need to do it so the citizens are not waiting an inordinate amount of time.  Chairperson Colon inquired when was the last time the Sheriff’s Office spoke to the Town of Malabar; with Sheriff Parker responding after the straw ballot and Commander Drinkwater joined Commissioner Voltz after the Referendum.  Chairperson Colon inquired if there were a lot of residents who came out to the Town meeting or was it something that was not on
the agenda; stated it is important to the Board that it hears both sides of the story; the Town of Malabar is trying to do the best that it can; and the safety of the citizens of the Town of Malabar is the main concern.  She inquired how big of a turnout was there when the Sheriff’s Office visited the Town meeting; with Sheriff Parker responding Commissioner Voltz may be able to answer that better than he can.  Chairperson Colon advised Commissioner Voltz and Commander Drinkwater were present at the meeting.  Commissioner Voltz stated she was there when the Town had a regular workshop prior to a regular Council meeting; it was a full house; there was much Council discussion about whether or not to have a third option, which is to do nothing; the Council decided to have a big Town meeting at the fire hall; and it was going to send out letters to the citizens of the Town of Malabar asking them what the options should be.  She stated after the meeting many of the residents told her of their confusion; the citizens voted on the issue; and the citizens did not know why the issue was being discussed again.  She advised at the Council meeting, which she did not attend, it decided to go with the MSTU; at a Council meeting two weeks later it was decided at that time to send letters out and have a big meeting; the Town does not think the Sheriff will do anything about it; and she has a video to show the Board.

 

Commissioner Voltz presented a video clip showing portions of a Board meeting.

 

Commissioner Voltz stated the video was when the Board asked the Mayor of the Town of Malabar if he was going to support the MSTU; at that time the Mayor said the people have spoken; the Town wants to do a third option of doing nothing; and the Town should

 

 

 

 

 

 

 

have put that option on the ballot.  She stated the citizens she has spoken to want to support the MSTU; and those people think it needs to go forward immediately.  She advised the Town of Malabar wants to basically have a town hall meeting, send out letters to all of the residents informing them of the meeting, and to offer other options. She noted March 10, 2007 is when the Town is having the meeting; and the majority of the Council is going to support doing nothing.

 

Chairperson Colon stated what is before the Board today is to initiate dispute resolution proceedings; this has been going on for a long time; and inquired if the Board feels it will be wise to wait three more weeks and at that point have the Sheriff’s Department and the Commissioner from the District speak at the meeting.  She stated it is important to schedule a workshop between the Town of Malabar and the Board so the Board can make sure the elected officials are the ones who make the decisions for the safety and welfare of the citizens.  She stated she does not know if the Council will allow the Sheriff’s Office or Commissioner Voltz to speak at its meeting; but the Board does not know unless it asks.  She stated to do nothing is not an option right now; the Board has been fair regarding this subject; it was going to take action last year; the Board was told the citizens need to give an indication of what they want to do; and the Board needs to take action soon.

 

Commissioner Scarborough stated the Board initially initiated conflict resolution proceedings in August 2004; it had promises that the issue would be worked out; a conflict resolution is something that is required under Chapter 164 of the Florida Statutes before a lawsuit is filed; the Board has a fiduciary responsibility to other persons who are paying taxes; and it is the Board who has the Sheriff’s budget.  He advised the Board would be breaching its fiduciary responsibility to other taxpayers by allowing it to continue; three weeks is nothing in comparison to three or four years; the idea that there is another option out there is a little naïve on the Town’s part; it is not the Sheriff’s Office who initiates the conflict resolution as a prerequisite to the lawsuit, but the Board; and to think the Board will not go there just see what it did August 2004.  He advised the Board has backed off on it because it is trying to be good fellow government officials; there may be taxpayers out there who feel the County is stealing their money to apply it inappropriately; he is willing to begin the conflict resolution as a prerequisite to the lawsuit; and if it does not do that it sets a bad standard.  He advised the Board will talk but it may also be in court; and the Board legally cannot take money from one source and move it to the other.  Commissioner Voltz stated if it is a motion she will second it.  Chairperson Colon advised there are other Commissioners who wish to speak.

 

Commissioner Nelson stated he agrees with Commissioner Scarborough and especially agrees with Sheriff Parker; the County needs to protect the citizens of Malabar; the officials of the Town of Malabar seem to be reluctant to do the right thing; the straw ballot passed by 65% the first time and 63% the second time; and it is not the first time the Town has ignored its own citizens desire to participate in the programs.  He stated

 

 

 

 

 

 

 

the Board should move forward and let the Town of Malabar know there is no third option; if it wants to start its own police department that is fine; the Board has been more than generous; and the Town has had plenty of time to do the right thing.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution for initiation of dispute resolution procedures with the Town of Malabar regarding the Town’s lack of participation in the Law Enforcement MSTU.

 

Commissioner Voltz stated she received a letter from someone in the Town of Malabar who said they had a hang up 9-1-1 call from their house and three deputies came to their house, so why would he or she pay for services; and unfortunately those people are not paying for the services like the other citizens of Brevard County.  She advised she talked with Ed Booth before the last Council meeting and asked what was on the agenda, and he said the only thing on the agenda is supporting the MSTU; she was unable to make it that night; she and the Sheriff sent a letter to the Town supporting the MSTU; and a Council Member from the Town of Malabar ripped the Sheriff and herself to shreds.  She noted whatever the Council decides on March 10^th she does not know if it will make a difference unless it agreed to do the MSTU or its own police department; otherwise the Board will have to wait for another vote unless the Town wants to do a special election; that may end up being another year down-the-road; the County has given the Town of Malabar ample time for something to be done; and it is not fair to the other taxpayers in unincorporated Brevard County who are footing the bill for the Town of Malabar. 

 

Sheriff Parker stated the Town of Malabar is looking at the financial impact of the decision; the Town is getting great service; the citizens answered a survey that showed very high marks; there is a feeling to leave it alone because the Sheriff has to provide law enforcement services legally; and it is misleading.  He stated the Sheriff cannot legally use MSTU Deputies to continue to provide service for the Town of Malabar; the community around the Town has grown weary of the situation; he has heard citizens outside of the Town who do not want the Sheriff to provide MSTU Deputies for the Town of Malabar any longer; and regardless of how nice he is about the situation, other taxpayers may seek some sort of court action if he does not do it on his own.  He stated there is a high probability that as early as the beginning of the next fiscal year, those services will decline from three to four-minute response times with three to four deputies to 35 or 40-minute response times with one deputy; that is a tragedy; and the Town of Malabar may not be relaying that option to its citizens. 

 

Chairperson Colon stated whether the Board wants to take action today or not is fine but the Sheriff and Commissioner Voltz has the responsibility to the people who elected them in that District; she suggested both the Sheriff and Commissioner Voltz be present at the March 10^th meeting so both sides can be heard; it is crucial for the citizens to hear that; and the citizens need to see the elected officials there to relay that information. 

 

 

 

 

 

 

 

 

Commissioner Voltz advised she gets a lot of complaints from her constituents in Barefoot Bay that there is not enough police presence and do not see enough Sheriff Deputies in the area; part of the reason for that is law enforcement is patrolling the Town of Malabar; and other residents are suffering because of this situation.  She stated she plans to attend the March 10^th meeting; Commander Drinkwater will most likely be present; and she will talk to the citizens to tell them what the situation is.

 

Chairperson Colon called for a vote on the motion, to adopt Resolution for initiation of dispute resolution procedures with the Town of Malabar regarding the Town’s lack of participation in the Law Enforcement MSTU.  Motion carried and ordered unanimously.

 

Permitting and Enforcement Director Ed Lyon stated several weeks ago staff received complaints regarding a fence being constructed in an easement without a permit; building inspectors were sent out at first; it was first determined that a permit would not be needed for that type of construction; it was later determined that there is an easement; the language of the easement states that no improvements may be made in there without written approval; and it was an easement that was accepted by the Board.  He stated he has had several conversations with the gentlemen who are representing both sides, Coral Palms Oceanfront Condominium Association and Kevin West, and has explained to the Condominium Association that even though a building permit is not required for such activity that it is required to have written approval for an improvement in that easement based on the agreement; the Condominium Association has requested staff move forward to ask for such improvement; Mr. West provided staff a petition from residents who would like to have the improvement removed totally; and that is where the situation stands today.

 

Chairperson Colon inquired if the improvement is on the condominium’s property and not on County property; with Mr. Lyon responding the easement is owned by the Condominium Association, but there is a public access easement across it and they built a sidewalk and a dune crossover as a condition of the approval for the actual construction of the condominium.  Chairperson Colon stated today what is before the Board is if it will allow the Condominium Association to put the improvement on its own property.  Mr. Lyon stated he has notified the Condominium Association from an engineering standpoint and it cannot be that close to the sidewalk; there are some safety concerns with that; Parks and Recreation Department staff recommended the fence be a minimum of 8 feet off of the sidewalk; and that is something the Board needs to know before it makes a decision.

 

 

 

 

 

 

 

 

 

Kevin West stated currently the fence basically divides the easement in half from the highway all the way to the crossover; the actual easement is 30 feet wide; and it has been reduced to just a little wider than the actual pavement.  He advised he owns a home near the subject public easements; he has lived there for over four years; and he uses the subject easement regularly.  He noted he became concerned when construction of the fence began; since that time there is substantial support to have the
fence removed; since he thought there was sufficient support he started a petition for removal of the fence; he urges the Board to deny approval for the existing rope fence; and it confines all bicycle and pedestrian traffic to a five-foot wide path on the northern most side of the easement.  He advised the usable width of the easement has been reduced to the point where it is too confining for passing or group traffic; the original width of the easement is 30 feet; it should remain 30 feet; a fence that divides a public easement for the benefit of a condominium or obtains part of that easement for that exclusive use of that condo is not in the public interest; and it should not be approved by the Board.  He stated just as developers should not be able to regulate their own actions, the unapproved fence should not remain; no fence should be constructed within any of the limited number of access easements without a thorough site plan review that considers the impact it will have on current and future beach access; the access easement should be preserved for their intended purposes; and for the subject easement to remain as intended, others and he have petitioned for a number of fence and design situation criteria that he hopes the Board will consider prior to any
subsequent approval.  He stated currently the fence denies access to the crossover from the south side of the easement unless one ducks under it; it denies access to either side of the easement from within the easement itself; there is concern the fence will eventually become a permanent boundary and that Coral Palms Condominium will construct another fence; and it is for this reason and others stated that he petitions for mandated 20-foot intermissions in any fence that may be approved.  He inquired if a fence is suddenly needed around the area, which is about 15 feet wide, one to two feet at the center deep, and very gently sloping, why is there not a fence needed on the condominium side of the retention swale to protect Coral Palm residents; and the answer is obvious as there really is no hazard.  He noted if Coral Palm Condominium Association insists that a hazard exists, it should comply with the original easement site plan and be directed to appropriately grade the easement as specified within; and there are many other options at the Association’s disposal to meet its accumulated stormwater retention requirements, and some more costly than using a designated public beach access easement as a retention area.  He suggested the Board review the petition; and stated he hopes it will wholeheartedly consider the implementation of the content within.

 

Director of Coral Palm Condominium Association Jay Butterfield stated the Condominium Association wanted to improve the easement in its appearance; a condominium down the street has a rope and post along the easement access; it
 

 

 

 

 

 

 

 

 

protects the swale or the drainage ditch; there are several handicapped people who live in the condo who need something to hold onto as do the people who cross the street from the guesthouse; and that is where the majority of people who use the easement come from.  He stated the Condominium Association asked the landscaping contractor to look at the Gardenia Condominium who has the rope fence, and to go forward and
construct the fence.  He advised there has been one person fall into the swale and had a badly twisted ankle; it may still have happened if the improvement was not there; but at least it gave everyone peace of mind that it would provide something to hold on to.

 

Chairperson Colon stated both parties have had a lot of discussion back and forth with staff; and inquired what compromise were the parties able to come up with.  Mr. Butterfield responded he has not spoken to Mr. West as he did not contact the Condominium Association directly; it worked with Parks and Recreation and Code Enforcement staff; it would be happy to move it a couple of feet; if it is down eight to ten feet it will be right on the bottom of the swale; it will create water problems with the posts; and he considers it a handrail more than a fence.  He stated it did not require a building permit; and the Condominium Association did not know there was a problem.  He stated two feet will give enough room for people to pass; there is another eight feet on the other side of the sidewalk that is usable and flat; and he has no problem with moving it two feet.  Chairperson Colon advised it would have to be moved to where staff recommends it be. 

 

She inquired if there is a problem with a water spigot; with Mr. Lyon responding some people do come over and use amenities such as water.  Mr. Butterfield stated there is a water spigot on the outside of the building towards the crossover, and there have been problems in the past with people washing off things; but it was not the purpose for putting up the fence.

 

Chairperson Colon inquired what is staff’s recommendation; with Mr. Lyon responding the Parks and Recreation Department has recommended eight feet off of the sidewalk; from an engineering perspective if a sidewalk was being designed, everything would be done to avoid any obstruction right next to it; he supports the fence not being adjacent to the sidewalk; if a handrail is needed an appropriate handrail system will need to be constructed; and what is there is not something that would be classified as a handrail.

 

Chairperson Colon inquired once the fence is moved, if that is what the direction of the Board is, how long will be given to move it; with Mr. Lyon responding the Board can set that timeframe.  Chairperson Colon stated the concern in the past has been over property that belongs to the County; this property belongs to the Condominium Association; eight feet is the recommendation from staff; and she wants to get feedback from Mr. West.  Mr. West stated personally eight feet will be acceptable from his point of

 

 

 

 

 

 

 

 

 

view; he can live with that; but if it is for security, the proper place for any type of fence will be on the boundary of the easement between the condominium property and the easement boundary itself; and that will give the easement its original width of 30 feet.

 

Mr. Lyon recommended the Board provide a time period for the fence to be relocated.  Chairperson Colon inquired how long of a time period is staff recommending; with Mr. Lyon responding 30 days.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the Coral Palms Oceanfront (CPO) Condominium Association’s request for written approval allowing the construction of the hardscape feature (rope fence) within the public access easement; and direct that the fence be set back eight (8) feet within the next thirty (30) days.  Motion carried and ordered unanimously.

 

 

Assistant County Manager Stockton Whitten stated it is permission to advertise request for proposals for roofing consulting services; and in addition to that request, it is also requested the County Manager be authorized to approve contracts up to $1,000,000 when those projects are actually within the budgeted accounts of the departments.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant permission to advertise a Request for Proposal for Continuing Roofing Consultant Services; establish Selection and Negotiating Committees comprised of Bill Ross, Parks and Recreation, Construction Manager; Carl Tucker, Facilities Department Special Projects Coordinator IV; and Facilities Director Steve Quickel; award Contracts; and authorize the County Manager to execute Contracts for all budgeted roofing projects up to $1,000,000.  Motion carried and ordered unanimously.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 11:59 a.m.

 

 

 

 

ATTEST:                                                        

                                                                        ________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)