The Board of County Commissioners of Brevard County, Florida, met in special session on May 23, 1995, at 1:00 p.m. in the Government Center Multipurpose Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, and County Manager Tom Jenkins.

DISCUSSION, RE: JAIL EXPANSION

Sheriff Miller introduced staff members Commander Sands, Jeff Duffey, and Toni Merritt; stated he felt it was necessary to meet with the Board; the County is sending mixed signals to the public; and the people need a good clear perception and understanding of what the County is going to do. He noted he does not have any alternatives for the Board; and he is present to better educate the Board with problems of the jail. He stated when the County built the existing jail, it was laid out and still is for two additional pods; the hallways and electronics are there; everything is in place to handle two additional pods; and that is what they told the public they were building that jail for at the time so they could deal with future problems of the jail. He stated it has been a problem for 20 years; it is a national and state problem; the other counties are experiencing the same identical problem; that does not make the problem less important; and it simply is not going to go away and will need to be dealt with. Sheriff Miller stated the past recommendations his Department has given to the Board are still very valid; the problems are the same and the solutions are the same; it boils down to too many bad prisoners and not enough space to put them in; his people are being asked to put 100 lbs. of turnips in a 50 lb. bag; and you cannot do it. He noted he cannot resolve the issue; the Florida Statutes are very clear that his role is to police the jail; and he will police anything the County puts out there as long as it is safe to the public and his correctional people. He stated the Board needs to act to resolve the problem; no one else has the power to do it; and no one else is authorized to deal with this problem except the Board. He noted the County asked for his advice and he gave it a written plan; apparently, it did not like it; but he is saying that nothing has changed since it was submitted; the problem is the same; and the only thing that has changed is the Board has less time to take action.

Sheriff Miller stated there is no easy solution; and his staff has briefly outlined where the County has been, what options have already been utilized, and profiled the population. He noted his Department does not put people together in jail based on charges; it puts them based on their behavior of past history; a lot of these people that are on misdemeanor violations cannot be put in less secure facilities; and they have to be maintained in a very secure facility for all kinds of reasons. He noted the public needs to know about the jail problem and what the County is going to do to take care of it; it is the Board's decision; he has never told it how to do its business, no more than it tries to tell him how to do his; but if something is not done soon, the federal judge is going to make that decision.

Commander Sands explained the misdemeanor statistics in the jail; stated there is a total of 187 male misdemeanants; there are 53 in the minimum security facility and 46 that are awaiting file review; and there are 64 inmates already screened that do not fit the criteria for minimum security. He outlined a monthly report from the State Department of Corrections; stated in March, 1995, the report showed Brevard County with a population of 436,333; the average daily population of the jail was 823 inmates; there were 1.9 inmates per 1,000 residents; the state average was 2.9 inmates per 1,000 residents; and Brevard County is about one inmate per 1,000 residents under the state average. He noted as of today, the County needs another 430 beds to bring it up to what the state average is.

Discussion ensued on additional beds and bed space, laundry and kitchen facilities, utilities, washing machines, refrigerator and freezer space, and design and expansion of the jail.

Commissioner Cook stated the point is that the County is talking about a huge expenditure of public funds; the Sheriff has requested a substantial increase in his budget; part of the Board's job is to ask questions; he would not want the idea that it is asking questions to be misconceived; it is not here to accept recommendations; and it has to make intelligent decisions when it is talking about these kind of expenditures. He noted if the Board asks questions or asks if it can do other things, it is to find out if there is a less expensive answer to very serious questions. Commissioner Cook inquired how can the state go to 150%. Assistant County Attorney Shannon Wilson responded she had a conversation with the Department of Corrections; the reason it can do that is because it has much more flexibility throughout the State of Florida dealing with classification issues; and isolated counties do not have the same flexibility. She stated it knows it has much more bed space; it can adjust the classifications much more easily than the counties; they do not have more than one facility in every county in terms of transferring people around to adjust the classification problems; and the recommendation from the Department of Corrections to the Legislature was it would not be practical for the counties because they do not have the flexibility within their own isolated facilities.

Sheriff Miller stated he would hope the County did not have to build any facility; he wants the cheapest facility that could possibly be put out there as long as it is safe for the public and his correctional people; the real costs of any facility is the people costs; and the jail was laid out for the least amount of people to police it. He noted he is all for that; if the County puts wooden or metal barracks, or tents, the personnel costs are going to far outweigh anything it may see in the construction; and he supports the County building the facility as cheap as it possibly can as long as it is safe.

Commissioner Ellis stated he would like to completely fill all the beds in the minimum security facility; and then take care of the kitchen and laundry expansions.

Assistant to County Manager Yvette Parker stated she met with the Sheriff a few weeks ago regarding the upper floor of the minimum security facility; what was discussed with the Sheriff and Commander was 60 more additional beds on the one side and the other side would house the weekender population the County currently has which fluctuates; and the cost was approximately $727,000 to finish the upper floor. Chairman Higgs noted there would be 180 new beds in minimum security; if the County proceeds on additional beds for the minimum security facility, it will fill them; by next year or the year after that, someone is going to be facing the issue of where to put maximum security prisoners; more beds for maximum security are going to have to be built; she has yet to see anyone suggesting a plan that allows the County to avoid that; it is an issue today, but a big issue tomorrow; and she does not see any other choice.

Commissioner Cook stated the County is probably going to have to build minimum security beds also. Chairman Higgs stated by this time next year, the County will need more maximum security beds.

Commissioner O'Brien stated perhaps the County could referendum a jail expansion with the sales tax. Commissioner Cook noted the County could add the entire 180 beds with the impact fees that should be available, and referendum the pod expansion which may cost millions of dollars.

Commissioner Ellis stated the County needs to complete the minimum security facility and then handle the kitchen and laundry facilities.

Chairman Higgs inquired what happens if the County proceeds with this and what is Sheriff Miller's reaction. Sheriff Miller responded if it completes the minimum security issue, it could probably get by for two years; and in two years, it will need to address the situation again. Chairman Higgs stated in two years the County is going to need a facility; it has an opportunity in one year to go to the ballot for one or two pods; and it is looking at some immediate progress on things it can afford.

Commissioner Scarborough stated the jail issue needs some attention so the people can become educated about it; and the County has a better chance when the issue is placed on the ballot.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff to report back to the Board on July 25, 1995 regarding referendum dates and funding mechanisms for the jail expansion. Motion carried and ordered unanimously.

Chairman Higgs stated there seems to be an interest in proceeding with the minimum security issues; and inquired if there is a motion at this point. Commissioner O'Brien responded he would like to have further discussion about it; and Commissioner Cook concurred. Commissioner O'Brien inquired what is wrong with the concept of tents such as those used in Miami. Commander Sands responded there is nothing wrong with it, but if the wrong kind of inmates are put in them, the Sheriff's personnel are going to be chasing them all over the woods between Sharpes and Port St. John.

County Manager Tom Jenkins stated County staff has had dialogue with the Sheriff's Department; the Sheriff has a work farm now; one of the alternatives for active sentencing that is being reviewed is having a work facility in North and South Brevard where the County would have inmates, after their sentence, go there as opposed to sitting in jail if they volunteer; and work to be performed would be on public projects. He noted that is something in the process through the court system, as it requires the judges to participate; but it is an alternative where the County will have that kind of a facility; it would pick the prisoners up in the morning and take them to various work sites; and staff is working on that concept.

County Manager Tom Jenkins stated the Sheriff has the capabilities to build things; his Department can help the County construct some of this which might lower the cost; and the Sheriff built a building at the work farm for one-third or one-fourth of what the County would pay to hire someone.

Commissioner Cook stated he would like to look at metal buildings as it would be less expensive. Commissioner O'Brien inquired if a metal building could be put at Sharpes.

Jeff Duffy stated there are 60 minimum security beds now; there will be an additional 60 beds in November, 1995; that will take 120 misdemeanants out of the main facility; 60 of them are already out of the main facility; and that brings the County right up to the edge. He noted it still has some additional misdemeanants who could be moved up to the top floor on certain days; the fourth quadrant could be used for the weekend offenders; such offenders are people who the judges turn loose in the community through the whole week and tell them to report to the jail on Friday night; they have to be checked in; and they take up bed space. He stated instead of going into the jail they would be going into the fourth pod upstairs, thereby leaving additional space there; what Mr. Jenkins was discussing was the fact of looking at another alternative which is the diversion program; it requires the cooperation of the judicial branch; and it provides an additional option of volunteering for a work program instead of going to the jail. Mr. Duffy stated they want to separate the work program to ends of the County; they would be very small self-contained units; the people would be absolutely harmless and just there for punishment purposes; and they will contribute to a public work force which will be utilized on County projects. He noted none of this is going to impact the two-thirds population who are felons in jail awaiting trial; it is not going to affect the people who are violators of state probation programs; those people are returned to the jail for disposition by the court system into the state system again; and the County has no control over their activity or when they come to court; but they have to be parked in the jail taking up space. He stated the ancillary services in the jail were designed for less than 600 inmates; that was the original design; the County must also address with the minimum security expansion the transfer of the ancillary services from inside the jail to somewhere outside; and that is the key to the whole thing as the County cannot support the additional population in the minimum security facility and what is currently an ancillary service inside the jail.

Mr. Jenkins stated County staff needs to meet with the Sheriff and do an incremental look at the need for ancillary services, including which ones it can afford to do now, which ones can wait, and which ones need to be part of the referendum; and take a realistic look at how much money is available and pressing priorities with those ancillary facilities.

Commissioner Cook agreed with Mr. Jenkins' comments; and stated the County is going to make sure whatever it does is cost effective. Commissioner Cook stated the County is at 60 beds already; it wants to look at expanding in minimum security another 120 beds and finish that out; it will be reviewed in July, 1995; and staff can come back to the Board with dates on going to referendum on the pod expansion. Commissioner Ellis stated the Board also needs to address kitchen and laundry facilities with the minimum security facility.

Chairman Higgs stated the County is going to move forward at the second meeting in July, 1995, to look at the specifics of the additional minimum security beds and the time frame in which it would look at a referendum item for the public on maximum security beds. Mr. Jenkins stated staff will look at the ancillary facilities as well. Chairman Higgs inquired does the Sheriff believe that is moving the County forward; with Sheriff Miller responding yes and he appreciates it. Sheriff Miller stated it gives him direction and will give the public a good clear perception of what the County is attempting to do.

DISCUSSION, RE: NUDITY ORDINANCE

Commissioner O'Brien requested the Sheriff's Department apply common sense to the Nudity Ordinance; and it is not the County's intent to have every naked person on the beach arrested.

Commissioner Cook stated it is his understanding the Sheriff is going to have a meeting and inquired is it still going to take effect; with Sheriff Miller responding yes. Commissioner Cook inquired what is the purpose of such meeting. Sheriff Miller responded he wants to make the different people who are involved in the system realize that a group of things could be very expensive; if he arrests 200 people, the Chief Judge needs to know that his courtroom is going to be very busy; the Clerk of the Circuit and County Courts is probably going to have to have additional staff; and the State Attorney and Public Defender will also be involved.

Commissioner Cook noted that is a possibility, but no one knows what kind of effect it is going to have; there were two public hearings; the Sheriff was invited to the last public hearing; and expressed concern that the Board never heard these concerns about enforcement prior to it passing the Ordinance.

Commissioner O'Brien stated the Board has never made any statement about enforcement; no one is going to tell the Sheriff how to do his job; and common sense needs to be applied to the Ordinance.

Commissioner Scarborough suggested the County Attorney be invited to the meeting; stated his staff has done all the research and is well informed of what is going on; one question is how it is going in the Appellate Courts; at the public hearing, he asked the Park Service to address whether it would be designating areas as it is empowered to do under the Ordinance; and it indicated it would be designating. He noted it would be foolish for the Sheriff to arrest people in an area that the next day the Park Service designates; and the County needs to contact the Park Service to see if it is going to designate.

Chairman Higgs stated the Sheriff is in a position that the only thing he can do is enforce the Ordinance; and Commissioner Scarborough is asking him to take a position that he cannot take, particularly what the Park Service may do. Commissioner Scarborough stated he is trying to tell the Sheriff that it was his understanding that the Park Service would be doing designations within a week or two; and the Sheriff needs to know what the Park Service has indicated.

Chairman Higgs inquired has the Park Service changed its position. Commissioner Scarborough responded he requested the Board authorize Attorney Knox to write to the Park Service to find out where its position is; and that will help define the scope of the Sheriff's enforcement problem.

Commissioner Cook stated the cities can opt out if they do not like the Ordinance; he believes it is a good Ordinance; and he expects the Sheriff to enforce it. He advised there were over 600 people at two public hearings; the Board took hours of testimony and input; it made a decision based on what it thought was in the best interest for the community; and it is the County Commission's job to do that.

Commissioner O'Brien reiterated the point he is trying to make with the Sheriff is that he is hoping the Sheriff's Department will apply a lot of good common sense to the whole thing.

Attorney Wilson stated she spoke with Wendell Simpson Friday afternoon; he advised her that the Park Service does not intend to put up any signs to designate an area; and the County could do so and the Park Service would cooperate with the County as long as it would coordinate with it to get the appropriate dig permits in order to place the signs.

Commissioner Cook stated the County does not know if there are going to be hundreds of arrests; it has no idea what the implementation is going to be; he supported the Ordinance; and if there were problems with it, there was ample opportunity at the public hearings to discuss it and debate it at that time rather than after-the-fact. Commissioner Cook inquired if Sheriff Miller's meeting is going to be on enforcement and management and will it be open to the public. Sheriff Miller responded he does not want to comment on the enforcement for obvious reasons; but his Department will enforce the Ordinance and use common sense. He stated the last time they went through this, the problems were well publicized with the Nudists Association and the public; he hopes the Ordinance is a good one; it will certainly come out in court; he believes it will be contested until such time as it is turned through the courts; and his Department will deal with this issue the best it can. Sheriff Miller stated the nudists are well organized and well financed; and they will not go away until that Statute is upheld at least in the state courts.

Commissioner Cook stated the County Attorney has assured the Board that the Ordinance is a good one and defendable; St. Johns County has been upheld on appeal; and he believes it is a good Ordinance.

Chairman Higgs stated she anticipates that the County will have a good deal of controversy involved in the enforcement.

Commissioner Scarborough stated if the Park Service does not designate areas, he believes there will be people requesting the Ordinance be reconsidered and the Board do the designation.

Chairman Higgs stated she would support designating. Commissioner Cook stated the County had numerous public complaints regarding nudity in public; the Board did not just pass an ordinance because it wanted to; it had hundreds of people show up at the public hearings and contact the Commission Offices; and this was a legitimate area for the Board to discuss. Chairman Higgs stated she has not had one complaint on any of the beaches in District 3, which goes from Indialantic to Sebastian Inlet, for someone being nude or indecent on the beach.

Upon motion and vote, the meeting adjourned at 2:25 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)