MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

November 27, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 27, 2007 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Mary Bolin, Chuck Nelson, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Ken Delgado, House of Prayer, Palm Bay, Florida.

 

Chairman Scarborough led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the August 29, 2007 Special Meeting Minutes.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Voltz read aloud a resolution recognizing Stone Middle School.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Stone Middle School for its outstanding service to the South Melbourne Community, and joining all citizens in showing appreciation for its community involvement.  Motion carried and ordered unanimously. 

 

 

Principal Andrew Johnson stated it is always a pleasure to serve the community in any way possible; and expressed appreciation to Commissioner Voltz for being proactive in her efforts to inform the public. 

 

Commissioner Voltz stated she would like to thank Kathy Meehan for helping to put together the crime conference. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Jonathan Bonnett.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Jonathan Bonnett for his accomplishments as an Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Jonathan Bonnett expressed appreciation to the Board; and thanked his fellow Scout members from Troop 343 for helping him with his Eagle Scout Project on the Children’s Advocacy Center, thanked Ms. McAteen, former Manager of the Children’s Advocacy Center, and his family.

 

 

 

Commissioner Bolin read aloud a resolution recognizing the City of Satellite Beach’s “Nifty to be Fifty” Birthday Celebration in honor of its 50^th birthday.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing the City of Satellite Beach’s “Nifty to be Fifty” birthday celebration in honor of the City’s 50^th birthday; and presented it to representatives of the City.  Motion carried and ordered unanimously. 

 

 

Mark Brimer, Mayor of Satellite Beach, stated it has been a wonderful year of celebration; there has been enormous community support throughout the process; it has been a good 50 years; and the City is looking forward to the next 50 years.  He stated the City could not have accomplished what it has accomplished without the support of the County Commission; and he expressed appreciation to each Commissioner for their support of the City throughout the years. 

 

Commissioner Colon stated she would like to request former City of Satellite Beach Mayor Bob Bolin to address the Board.

 

Bob Bolin stated it is a great pleasure to be before the Board; Satellite Beach is a cornerstone and model for every beach community from the north to the south; and it takes a lot of work, unity, and perseverance.  He advised Satellite Beach is the one City that he is aware of in the State of Florida whose present City Manager, Police Chief, and Fire Chief have all been with the City for 25 years. He stated Mr. Brimer has done a wonderful job in perpetuating what Satellite Beach is all about.

 

 

Commissioner Voltz read aloud a resolution recognizing the Masonic Order of Queen Esther Chapter 98, Order of the Eastern Stars.

 

Marva Adelle Murray stated she is the matron of Queen Esther Chapter 98, Order of the Eastern Stars; and introduced her Worthy Patron Brother Walter West and her Warder, Sister Betty Murray. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution expressing appreciation to the Masonic Order of Queen Esther Chapter 98, Order of the Eastern Stars for their contribution to the success of the South Melbourne Crime Conference.  Motion carried and ordered unanimously. 

 

Ms. Murray expressed appreciation to Commissioner Voltz for the Resolution; and also thanked Ms. Yvonne Minos.   She stated the Crime Conference was a way for her group to serve the community; her group is a religious Order based on religious beliefs; and she is honored to be receiving the Resolution for giving back to the community, which is what the Masonic Order of Queen Esther Chapter 98, Order of the Eastern Stars, is based on.

 

 

County Manager Peggy Busacca stated there are 10 employees present to receive Employee Longevity Recognition plaques who have achieved twenty-five, thirty, and thirty-five years of service, as follows:  Estella W. Edwards, thirty-five years of service; Gertrude D. Martell, Stephen E. Franks, and Hester A. McIntyre, thirty years of service; and Ann E. Mazon, Joseph R. Millar, Jean M. Boles, Larry J. Creameans, Mark W. Dansereau, and Michael A. Argila, 25 years of service. 

 

 

 

Commissioner Colon stated in the news yesterday it was brought to everybody’s attention what Islamic Terrorists are doing to the Nation by teaming up with Mexican Cartels; and that is huge.  She stated for someone like herself and thousands of others who lost loved ones and friends in the 9/11 attacks to know how vulnerable the Country is should not be made light of; it is important for the community and for the Nation to realize how vulnerable it is; and when the Mexican Cartel and Islamic Terrorists join together it is very dangerous.  She advised citizens need to be careful and be diligent because it is about the safety of the Country. 

 

 

 

Commissioner Voltz stated the Barefoot Bay Homeowners Association is having a parade in Barefoot Bay on Sunday; the parade will go from the golf course to Building A, which is approximately one-half mile; and because the parade will be on County roads, the community has to have a County permit.  She advised in order for the Board to waive the fee for the community, it has to have a 501(c)(3); as of two weeks ago, Avitar dissolved its 501(c)(3); and the community is asking the Board to waive the fee for the parade. 

 

Chairman Scarborough stated the County Attorney’s Office can check to see if that is appropriate and bring it back at the end of the meeting; and the Board would like to accommodate the community if it can. 

 

 

 

Commissioner Voltz stated at the Florida Association of Counties Conference there was a Statewide meeting of all of the Community Based Cares; and Brevard County took away four awards.  She advised Dr. Patricia Neeley is the CEO of the CBC’s, and she won Administrator of the Year; also named from Brevard County was Board Member of the Year, Child Advocate of the Year, and Lifetime Member of the Year.

 

 

 

Chairman Scarborough handed out a graph to the Board; and stated as the Board gets into the budget, the Board needs to be reminded of the issue with all revenues and not just the impact with what is happening with the ad valorem tax.  He advised the first two graphs deal with a decline in sales tax revenue; and Finance Director Steve Burdett has advised for every 10 percent reduction in State revenues, it is a $3 million reduction in the funds the Board would have to spend.  He noted Mr. Burdett mentioned in an email to the Board that it is currently looking at a potential $1.8 million shortfall in electric franchise fees; the Board needs to be constantly monitoring all of the funds; and Assistant County Manager Stockton Whitten ran the numbers on construction and where it will be next year.  He stated he would like to start out the budget discussions this year with a discussion on all the different funds that come in that will be impacted, such as sales taxes, gas taxes, and franchise fees, and some discussions on the complications of how the TRIM calculation can end up with a person who has Save Our Homes receiving a higher tax bill, even though the County has less revenue.  

 

 

 

Chairman Scarborough advised he now has the Commissioners’ requests for committees; and County Manager Peggy Busacca has prepared a report for the Board on how it is structured with each of them.  He noted not all of the committees required appointments; each Commissioner is going to Champion a particular Workshop on a particular long-range issue; and with that, the Board will see an ability to reach beyond just being responsive, but trying to reach out to what it means if there is an elderly population and what it means to the elderly population with all the many issues that group faces.  He advised Commissioner Nelson has volunteered to start a committee in continuing with the space effort; and each Commissioner will be putting together a particular workshop on different issues. 

 

Commissioner Colon stated since she will be doing the Crime Workshop, she will be bringing in the perspective from the different municipalities; the Board will probably send staff, if not themselves, to some of the Workshops; and inquired how the Commissioners will let Chairman Scarborough know if they are attending or not.  Chairman Scarborough stated it is voluntary attendance on the part of the Board; if there is no one available to attend, then any one Commissioner can go at any given time; but if more than one Commissioner attends, the Board will have to give notice that there will be two Commissioners present; and the Board can discuss it further at the next meeting.

 

 

Chairman Scarborough advised Item III.D.1., Approval, Re:  2008 Legislative Program will be pulled for discussion; and Commissioner Nelson stated III.D.2., Recognition, Re:   Florida Space Day, will be pulled for discussion. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final engineering and preliminary plat approvals for Grant Lake Estates Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final engineering and preliminary plat approvals for Lighthouse Cove Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final plat approval for Woodshire Preserve, Phase 2, subject to minor changes if necessary, receipt of all necessary documents for recording, and the developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Binding Development Plan with Parrish Holder Land Corporation for property located on the north side of Parrish Road approximately 700 feet east of Holder Road.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Amendment to Lease Agreement with Florida Inland Navigation District for use of dredge material stored at the District’s Dredge Material Management Area BV-2C in District 1.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution and execute Bill of Sale and Water Line and Ingress/Egress Easement Agreement in favor of the City of Cocoa to allow a fire protection system at Fire Rescue’s Supply Facility at 300 Ansin Road in Rockledge.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution and execute Deed for transfer of retention pond property to City of Palm Bay.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Contract for Sale and Purchase with Betty Jo Begley for the purchase of property in Section 28, Township 23 South, Range 35 East, for use as a fire station in the vicinity of Port St. John/Golfview Parkway.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Exchange Agreement with PSP of Brevard, LLC; KJViera, LLC; RRLS, LIJC; and RTLD, LLC to allow relocation of drainage system facilities at their expense and conveyance of an easement to the County over new drainage area, in exchange for ingress/egress rights and a driveway along the County’s private road which serves the South Mainland Complex. Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to accept the Sanitary Sewer Easement located on the Viera Boulevard Overpass from The Viera Company to allow operation and maintenance of a sewer force main installed as a part of the Viera Boulevard Overpass.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant permission for the Brevard County Mosquito Control District to solicit bids and award to the lowest responsive and responsible bidder, for the removal and eplacement of our Underground Storage Tanks; and authorize the Chairman to sign any necessary contracts required for completion of the projects. Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Special Magistrate’s recommendation to reduce the Irreparable/Irreversible fine for Case #07-1513 from $1,000 to the reduced sum of $100; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to reject all bids received for Bid #B-4-07-117, Drawbridge Maintenance and Repair Services; authorize re-solicitation of new bids under a revised Scope of Work; and authorize award to the lowest, most responsive, qualified bidder.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreement with Attorney Joan H. Bickerstaff to provide legal counsel to represent County Departments and staff for vested rights hearings and cases.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution approving the renewal of select Commercial Paper Loan Draws for the Sharpes Community Center and the Central Mainland Parks and Recreation Facility; authorize the Chairman and the County Attorney to sign necessary loan documents; and authorize staff to make necessary budget changes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution setting fees for video/audio duplication; and authorize the County Manager or her designee to amend fees periodically as price adjustments occur.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve scheduling a workshop on property appraisals at 9:00 a.m. on January 31, 2008.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize incentive pay of $1,500 annually for each of three types of professional purchasing certifications: Certified Professional Public Buyer (CPPB), Certified Public Purchasing Officer (CPPO), and Certified Purchasing Manager (CPM), with a cumulative maximum of $4,500 annually.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution approving issuance by the Brevard County Housing Finance Authority of Multifamily Housing Revenue Bonds in an amount not to exceed $14,400,000 to finance the acquisition, construction and development of Oak Meadows Apartments in Cocoa by Oak Meadows Limited Partnership.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve bills and budget changes.  Motion carried and ordered unanimously.  

 

 

 

Ida Gwinn stated she would like to address the special fire tax; and expressed appreciation to the Board for allowing her to come before it and explain how the special fire tax will affect the southern area of Brevard County in District 3.  She stated she is concerned because she lives in a condominium with 84 units; the units are self-contained; the residents maintain the four wells, water plant, and have good reports from all of the County inspections; and the residents also maintain the driveways and pay for the driveway to be surfaced.  She stated on Exhibit 1 of her handout is the layout of the land; Exhibit 2 is the tri-plexes of the homes; and in the notes are the sizes of each unit; units on the north end are larger than the units on the south end; and Exhibit 3 is a list of all the owners who have been affected by $341.00 tax.  She noted most of the residents are senior citizens; and she would like the Board to reconsider the tax for her section of the condominium. 

 

Commissioner Voltz inquired exactly where Ms. Gwinn’s condominium is located; with Ms. Gwinn responding it is the Summit Cove Condominium, which is in Commissioner Voltz’s District.  Ms. Gwinn stated the units are only 790 to 820 square feet; on the north end the units are 1,361 square feet; the Board only charges houses in the area $212.00 for the fire assessment; and the Summit Cove Condominium is paying $341.00 for the fire assessment.  She advised no one has ever explained to the residents why they have to pay more than people who own a house.  Commissioner Voltz stated the Board has not been able to figure that out either; she has been fighting the fire fees since it began; and at this point the Board is looking to hire a consultant to look at the things Ms. Gwinn is talking about with the inequity of having to pay so much more than a large home would have to pay.  Ms. Gwinn noted Micco has a volunteer fire department; with Commissioner Voltz replying the fire department is ancillary to the Brevard County Fire Department   because   the   majority   of   fire   department   employees  who  are  there are not volunteers, as they are regular Brevard County employees.  Commissioner Voltz stated her Aide, Jan Conrad, will get information and then the Board can move on from there.

 

Chairman Scarborough stated he would like Legislative Delegation Coordinator Leigh Holt to explain what the Agenda item is and how the residents can play a role, as it is a big item.   He stated the Board can finish the discussion, and then Ms. Holt and Ms. Conrad can meet with the concerned residents.

 

Charlotte Carle stated she lives in Summit Cove Condominium in Micco, which has a Volunteer Fire Department; Summit Cove is a small condominium consisting of 28 triplexes; the apartments range in size from 800 to 1,300 square feet; the residents chose the units because they were affordable, the taxes were reasonable, and the surroundings were pleasant; and suddenly the residents are faced with a $341.00 increase in taxes.  She stated the Board may call it an assessment, or fire fee, but it is a tax; with all the other expenses going up, the $341.00 increase, because it is a condo, is a formidable burden; and inquired what form of reasoning was the amount arrived at.  She inquired if there is a prejudice against condominiums; stated single-family dwellings up to 3,000 square feet are taxed at only $212.00; and the tax is unfair, unjust, inequitable, and discriminatory.  She stated she would like to request that the tax be repealed; and that the Board go back to the drawing board and resolve to practice fairness. 

 

Chairman Scarborough inquired if the issue is addressed in the legislative package; and if so, how is it addressed.  Legislative Delegation Coordinator Leigh Holt stated it is prohibited in Statute for the County to allow exemptions to the assessment; the County Attorney has drafted a proposed statutory change that would allow staff to have exemptions by ordinance; it is in the legislative package and it is one of three priorities for this year’s legislative session; and the County is asking the Brevard Legislative Delegation to support that legislation and to sponsor a bill to make that change.

 

Chairman Scarborough inquired how churches and other exemptions would be addressed; with Ms. Holt responding the Statute is for all assessments, not just fire; and the legislative change would be very broad, but at the local level, the Board would be able to address an ordinance for what assessments and what exemptions would be appropriate for Brevard County.

 

County Attorney Scott Knox stated he has drafted language that covers some of the exemptions; and he is not sure if not-for-profits were included.  Chairman Scarborough stated he has been advised by Ms. Holt that the Delegation is not going to meet with the Board until February 27, 2008; the Board needs to put its thoughts together; and the Board may want to put the item on a future Agenda to be discussed. 

 

Commissioner Nelson stated there are two issues that have been raised; one is that in the legislative package is the ability to give exemptions based on criteria that may be non-profit and those kinds of things; the other issue is one of equity of charges, which is not in the package; and it is an issue the Board has been struggling with and recognizes there is a problem that needs to be resolved.  He noted in a general sense he is not ready to approve the item yet.  Chairman Scarborough stated the Board can be in receipt for further discussions. 

 

Commissioner Voltz stated the inequity is having a condo unit being so much more than a home; Snug Harbor in Micco was considered a condo unit; but everybody knows they are individually  owned manufactured  homes  and  not a  condo; and the Board was able to fix their problem because theirs was more of a financial issue when the person who urchased the property could not build as manufactured homes and had to build as condo units.  She noted hopefully with the consultant, the Board will be able to come up with a more equitable way of treating condo units. 

 

Commissioner Colon inquired if Clerk of Courts Scott Ellis could address the Board; stated Mr. Ellis has been very good about warning the Board of these things; and inquired if Mr. Ellis has any feedback as to where the Board should be looking.

 

Mr. Ellis stated if levied as an assessment, everyone must be assessed the same; he does not know if the Board is going to be able to change it based on income; and in the next step Mr. Knox is going to bring in the non-profits.  He stated the Board needs to look at who it levies the Solid Waste Assessment on; he would expect that is the same on every piece of property, including non-profits; and he does not know how there can be a difference between the Solid Waste Assessment and the Fire Assessment.  He stated he does not think the Board has a way out, legally, because of the way assessments are done, to exempt anyone; the real issue is how the Board can change the assessment to be more fair; and the other issue is how can the Board move off the assessment and back to the fire MSTU ad valorem.  He stated he wishes the Board luck in Tallahassee, but he is not sure it will do very well on that issue because the Board will have to take a look also at the County ramifications; if the Board gets something passed that says it can do exemptions for Fire, it will need to do the same for every assessment it has; the County has used MSBU’s in the past to pave roads; and inquired when an MSBU is assessed on a dirt road paving project, is the Board going to have exemptions for that as well.  Commissioner Colon inquired if Mr. Ellis does not see a way for the Board to help the senior citizens; with Mr. Ellis replying he cannot speak for the Legislature as to what to change; but one issue would be if the Board changes how it does the assessment.  He advised the Board may want to look at the option of assessments by square footage; and the Board can look around the State at what other entities have done.

 

Commissioner Nelson stated he agrees with Mr. Ellis; the Board needs to make the assessment fair; and the Legislature is going to be reluctant to create special niches at this point in time for low income, or non-profits, in the assessment area.  Mr. Ellis advised if the Legislature does it for Brevard County, it will have to do it for all 67 counties; and other counties may be more assessment-driven than Brevard County. 

 

Commissioner Nelson stated while the Board has sent Fire Rescue to begin the RFP process, the Board was also supposed to have Fire Rescue take a look at what else is available so that when it comes back to the Board it has two things to look at, including what it would cost to create it, but also what everybody else is doing; and at that point if the Board finds one that works it does not need to do the RFP.  Mr. Ellis stated the Clerk’s Office’s concern all along has been if the County gets into a bind where it has to give a rebate down the road.

 

Commissioner Voltz stated it is not a matter of low-income; and the inequity comes in the square footage.  Attorney Knox stated square footage has been used in some situations; and he is sure the consultant is looking at that alternative.  Chairman Scarborough inquired when the Board can put this issue on an Agenda.  Attorney Knox stated he does not know what the consultant’s schedule is.  Chairman Scarborough stated what he assumes the Board would like to do is agenda the issue; there is a meeting next week and then on December 4, 2007; and inquired what is on the agenda for December 11, 2007; with Ms. Busacca responding she does not yet have anything for the December 11, 2007 agenda. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table the 2008 Legislative Program to the December 11, 2007 Board meeting.  Motion carried and ordered unanimously.

 

 

Ms. Busacca stated December 11, 2007 is Committee Week in Tallahassee; Ms. Holt is scheduled to be in Tallahassee; and inquired if the issue could be moved to January 2008.  Chairman Scarborough inquired if that would push it too far back; with Ms. Holt responding no.  Chairman Scarborough stated the Board could bring in the people whom Ms. Holt has gathered the information from and hear from them on December 11, 2007.  Ms. Holt stated some of the folks who would speak on the space issue would be in Tallahassee. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue the public hearing to consider vacating a portion of Sorrell Drive right-of-way in Section 15, Township 24 South, Range 35 East, to the December 11, 2007 Board meeting.  Motion carried and ordered unanimously.

 

 

Victoria Alterman stated citizens pay taxes and have voted for bond funding twice to have a full equestrian facility in Wickham Park for shows, trail rides, practices, fun rides, and just horsing around; rebuilding the barns, dressage arenas, and show arenas was a priority to the citizens and the community; and while progress is being made, it has been slow, and plan revisions were poorly communicated with promises made and broken and distrust developed on both sides.  She noted the equestrian community is a small but vibrant force and it supports the Parks and Recreation Department, which did a fine job on November 17, 2007 holding a vision meeting; and she was very impressed with the caliber of the consultants that were brought in to help with the program.  She advised her immediate family members are members of the Space Coast Arabian Club, The Dancing Horse Dressage Club, Brevard County 4H, Trailriders, Parelli Central Florida, American Paint Horse Association, and the American Quarterhorse Association; and those organizations will help support the equestrian center at Wickham Park and throughout Brevard County.  She stated she understands the constraints of the County budget; she supports boarding at Wickham Park, and user fees to be able to use the grounds; the equestrian community realizes it requires a higher level of maintenance; and she is also aware of the  insurance  requirements.   She  stated  with private  companies  running  public  facilities, sometimes it works and sometimes it does not; the fear in the community is that a privately run company will charge higher fees and the community will not be able to pay them or support them; but everyone recognizes expertise is needed in equestrian management.  She stated the community supports comparable facilities; and the community hopes to be able to reduce the funding that is required from the public with the facility. 

 

Commissioner Nelson inquired if Ms. Alterman stated she supports boarding; with Ms. Alterman responding she supports boarding, but she does not know if the fees required to maintain boarding would be able to be supported by the community; a problem with boarding is manure management; and there would be maintenance required for the facility that would require ongoing capital improvements.  She stated horses require large grazing areas; she does not know if the current configuration would make it feasible to run a full-time boarding operation; but if it were possible she would support it.  Commissioner Nelson stated there are a lot of organizations in Brevard County that have expertise; and inquired if some type of committee formulated by organizations could provide Parks and Recreation with that expertise, as opposed to going out and getting a consulting private firm.  Ms. Alterman replied she would love to see a group of all of the horse organizations; she boards at a private barn and has a professional barn manager who has done it for 20 years; and the level of expertise is there and she would like to see a community organization that would be Friends of the Equestrian Center.  She stated that would help Parks and Recreation and would help rebuild the ties between Parks and Recreation and the equestrian center; and it would be self supporting in that other people would get involved and be interested in horses.

 

Jennifer Fountain stated she is a committed equestrian with a particular love for Wickham Park; and she has had a facility use permit, which is a permit that allowed her to board her horses there.  She stated the equestrian community was blessed when Joe Wickham donated the land for the park; the County has been running the park’s equestrian facility since 1960; and when the 2000 referendum was brought before the voters, they generously gave their approval to renovate the aging facilities and replace the barns for the boarding public, move existing show rings, and build a multi-use sound booth building for the local show venues and community clubs Countywide to utilize the park’s equestrian center.  She noted the Wickham Park Advisory Board asked the boarding citizens to appoint a liaison from their group to represent the equestrian community, and Carol Mulligan was chosen; from 2000 to 2007, the community has attended the Advisory Board meetings and communicated to the Commissioners and staff of Parks and Recreation where they wanted the direction of the park to go; and the community has never wavered from the intent of the voters to keep the park’s mission statement to contribute to the quality of life in Brevard County by providing leisure activities reflecting the interest in values of its citizens and visitors.  She stated the Wickham Park Advisory Board defined the meaning of the equestrian center as a replacement of what was existing; the Wickham Park Advisory Board did not direct County  staff to provide feeding services,  partial, or full board; the Wickham Park Advisory Board never requested a new-hire to run the facility and did not direct an alternative use of the facility, nor did it raise the issue of use to the Board of County Commissioners to seek direction from the Commissioners; and the Wickham Park Advisory Board did not direct the facility to be privatized.  She stated at the May 16, 2006 County Commission meeting the Board  directed staff,  by unanimous vote, to write a draft management plan and to involve the user group to determine these things; and the user group submitted its draft table of contents on May 17, 2006 and has yet to hear from the County.  She noted the barns are nearing completion; and it is with user input they are built as they are today.   She stated the park does not need a private management company telling the taxpayers they will be using the park their way, or whatever way they see fit, to generate revenue and possibly price the local horse clubs out of using the facility for recreational activities.  She stated the RFP being brought before the Board today violates the intent of the 2000 referendum funding of the project and the mission statement of the park. 

 

Lynn Sullivan stated she makes her living with horses; and she feels the proposal is imperative to ensure the equestrian facility is used for the purposes that the investment was intended.  She stated to facilitate the needs of an equine recreational facility is foremost in everybody’s mind and to keep it affordable for the people that are using it; and also to provide revenue through organized activities such as horseshows, horsemanship clinics, and others, along with educating the interests of local residents.  She stated she does not believe that without a management operation in order those things would be possible; the proposal is structured to benefit everyone; but it depends on how it is created and how everyone can go about getting along together.

 

David Palmbach stated he has lived in Brevard County since 1991; he has been a user of the equestrian facility at Wickham Park and other equestrian facilities in the County for five years; but his interests go back to his childhood days.  He stated he would like to remind the Board the intent of the referendum project was to provide funding for the equestrian community at Wickham Park; the input was gathered from the users; and the master plan process was developed.  He stated the master plan lays out a facility that allows for recreational use, show use, and boarding.  He advised besides the vote in May 2006 that allowed the progress to continue on the facility, there was a vote to award the contract for the major piece of construction on January 23, 2007; on that same afternoon he represented a group of people who tried to speak for the entire use of the facility and sent a communication to all Commissioners at the time; and in that communication, the group reiterated its pledge to work with staff in a positive manner with respect to all individuals and processes to realize together the will of the voters to continue the equestrian park facility at Wickham Park with its rich youth development, culture, and history for the citizens of Brevard County and the gracious people who contribute mightily to the small business community.  He stated in February, the group met to begin the management plan; in March of this year he wrote to Commissioner Bolin inquiring what the status of that report was; and the commitment from the February meeting was to develop a resolution to bring in front of the Board to have a Countywide advisory board, or committee, set up; and the response back from Commissioner Bolin on March 9, 2007 stated staff  was   putting  together  the  resolution  to  submit to the Board with a goal of the March 20, 2007 Commission meeting.  He stated the group believes that never occurred.  He advised in August, 2007 after communication with  staff  and Commissioners  during  the   summer  he  wanted  to get  some resolution on the status of the committee; he also informed the Commissioners that the project was about to wrap up and the contractor was going to leave the facility,  not  knowing at that  time  that  the contractor  had  submitted  a  revised  schedule  that pushed the project out farther; and on August 24, 2007 he heard back from Commissioner Bolin that information was needed from Parks and Recreation and that he would be contacted with an update.  He noted in September, at a meeting with the Wickham Park Advisory Board, representative Carol Mulligan asked the status of being able to move into the facility; and Jeff Whitehead from Parks and Recreation indicated nothing would be done until the management plan issue was resolved and that he instructed people to contact Cheryl Page; and commented on many messages that were left with Parks and Recreation staff, along with emails to Commissioner Bolin.  He advised the message behind the communications is that during that time there was plenty of opportunity for staff and the County, if it wanted to direct privatization of the facility, to bring it up to the group and it would have been working on that issue; and that communication came to the group in October.  He noted one of the suggestions is to go to a private company; he was told that possibly a not-for-profit organization could run the facility; and he feels the group was never allowed the opportunity to put that together.  He stated one of the individuals who owns the company which could submit bids to the RFP states the purpose of the facility is to generate new sources of income; and he has concerns about that because the park is used mostly by local residents.

 

Scott Ellis, Clerk of Courts, stated much of the discussion on the contract comes from the alleged cost of running the horse stalls; and he would like to share his experience from 11 or 12 years ago, in which the roofs were being finished on the horse stalls.  He stated when he asked Parks and Recreation why the roofs could not be done, he was told there was no money; and he was told the Wickham Park horse stalls were in the red.  He advised he asked what was the incremental cost to run the stalls; what he was given was the cost of a ranger, bookkeeper, and maintenance; but all of those folks were already at Wickham Park; Wickham Park has a maintenance depot with rangers on duty, along with a bookkeeper; and back then, the belief was that the stalls were running a profit.  He stated the Board has been told it will cost $200,000 to maintain the facility, but he highly doubts that will be the cost to maintain it; in the past, it always ran without a facility manager; there were rangers and park employees on duty; and if there was a problem, that is who the users went to.  He noted it is stated in the Agenda Report that the long-term boarding is $350.00 to $400.00 per-month; that is a full board and not the type of board that was at Wickham Park in the past; full board means someone is paid to feed the horses in the morning and evening and turn the horses loose in the pasture and bring them back; Wickham Park was set up mainly for kids who lived in the area to have a horse there and to teach them responsibility; and everyone took care of their own horse, along with cleaning and fixing their own stalls.  He stated that is the way it was always set up in the past; he wishes the plywood stalls were still there because with the plywood stalls people had what they needed; and he thinks the costs the Board is looking at are minimal.  He stated there is a full staff at Wickham Park that is already there including bookkeepers, rangers, and maintenance; he does not  know  why the Board  is involved;  and he understands why the Board may want to contract out the show ring to set up the shows and the concessions; but he does not think the costs for board  are  anywhere  near  correct  at $350.00 to $400.00 per month.  He stated the plywood is gone and there is now a $1 million facility; and it is unfortunate that the people who worked for it are now going to be kicked out.

 

Kathryn Toomey stated she has lived in the Lake Washington area for 36 years; and she has had horses for 31 years.  She noted she was a horse boarder at Wickham Park until she was asked to leave and vacate the premises for the new buildings; but she was resilient and found a place to board her horse.  She stated the taxpayers voted in the referendum dollars to increase the park facility; the facility in the past was in dire need of repairs as it was unsafe and unstable, and her horse was abused by visitors; and she can sympathize with the people who want to go back to the way it was; but in looking out for the best interest of the taxpayer she does not want to see her tax dollars squandered or see a horse put in an improper environment.  She stated when Wickham Park managed the equestrian facility the rangers did not have the expertise, in her opinion, to manage the park.  She inquired if the Board wants Wickham Park to go back to the old ways where it was unsafe and not secure and where some horses were being neglected, or does the Board want to move forward and try to make it self sufficient; and stated she believes that in order for the park to continue to offer the services that it was doing and still be good for the community, it would be in the best interest to her as a taxpayer to have somebody professionally manage the facility so that she knows her tax dollars are not being wasted.  She advised after reading the RFP, as a taxpayer she agrees with moving forward to look at a professional firm to manage the facility.

 

Commissioner Bolin stated over the years Wickham Park has advanced and is being used more and more for other things; next to the equestrian area is going to be a Senior Center; and her concern is whether or not there is enough turn-out area, or pastures, to support 48 horses.  Ms. Toomey advised that is not enough pasture ground for 48 horses; horses are wild animals that have been domesticated by humans; and there needs to be pasture area in order to keep the horses and humans safe.  Ms. Toomey stated she looked at the park the other day and it is sad because there is not enough turn-out for horses; and every horse needs to be turned-out. 

 

Commissioner Nelson stated with the old stables there was no way for the facility to be managed with the way it was laid out.  Ms. Toomey stated she does not agree that it could not have been managed; but the park rangers did not have the proper experience.  Commissioner Nelson stated there were multiple pole barns scattered throughout; and from a management perspective they were difficult to manage because horses love to eat and kick wood.  He stated the new facility is consolidated; it has the ability to be managed better; but he is unclear because there is more space there now than there was previously; and there is the potential for more turn-out area now.  Ms. Toomey stated she is speaking from a map that she was given two weeks ago which showed three or four turn-out pastures; there should be one acre per horse; and a lot of professional barns in the area put out two or three horses per-acre.  Commissioner Nelson inquired if Ms. Toomey would be willing to participate in a committee if the Board decides to go in that direction; with Ms. Toomey responding she would, and that was something  she  mentioned  at  the  November 17^th meeting.   She   stated  a  previous  speaker mentioned the idea of a not-for-profit community organization that is a conglomerate of all the different disciplines; in the horse industry there are multiple disciplines; and if the County’s true goal  is  to  look at the  benefit  of all  the  equestrian  uses, then  everybody  needs  to  be  fairly represented.  She stated everybody wants what is best for their horses and what is best for the community; and she thinks everybody needs to come to the table with a positive understanding that change is good and can work for everybody and not just one group of people. 

 

Don Lusk, Parks and Recreation Director, stated the dialogue he has heard is a perfect example of why an RFP is appropriate to get somebody to the table who has the expertise to assist the County.  He advised much of what the Board has heard is what he has been hearing since well before he took over the position of Parks and Recreation Director; he has been in this situation before, in which there is a lot of conflicting comments about which direction to go; and what he has always done, which seems to have worked this time, is to call other government agencies that manage equestrian facilities and ask what they are doing.  He stated in the Spring he learned no government entity that he spoke to has long-term boarding that is done as part of a public facility; and what he learned is that there are some management companies that can come to the table and help the County.  He stated with the position the County is in with tax reform, it is an opportunity to do it better; he has not said that anybody did anything wrong in the past; but he sees plenty of opportunity to do better.  He advised the issue was pulled off the Agenda in October because the people he was speaking to made some good points in that he did not do a good job in going out and talking to the user groups; staff met with the boarders and talked to them about what was going on; it was apparent that the user groups disagree with the direction; and he understands that; but staff has learned from them and has made changes to the RFP after speaking with them about some concerns they had.  He advised staff also spoke to the Wickham Park Advisory Board, the Referendum Advisory Board and the South Area Advisory Board and he received constructive comments from that group; and that culminated with a meeting on the 17^th.  He stated he learned on the 17^th that there were not all the representatives there that needed to be there as the project was being developed.  He stated of the timeline that Mr. Palmbach made, he does not recall a multitude of calls to the Parks and Recreation Office that were not returned, as that is not how the office works; and it was a difficult time for all County employees from April to August, as not a lot was done except budget.  He stated the Parks and Recreation staff wrote a RFP based on looking at 10 others across the country; other organizations use management companies to manage facilities; staff put together one that did not specify long-term boarding, day stalls, or anything else; and the RFP indicates the County is looking for equestrian companies to come to the table and give the County the highest and best use.  He stated the bottom line is that Parks and Recreation is only doing what has been done before in County government, which is to find a company that can provide the expertise needed to best manage the facility; and it does not have to be something to fear. 

 

Commissioner Bolin stated she does not have a horse and therefore has no private interest in the issue; and she is trying to be as objective as possible, as it is a learning curve.  She stated she has been talking to different people involved in the equestrian center and with the community; and Brevard County has a very large equestrian community.  She stated the number  of people in  Brevard County  who  want equestrian  events is tremendous; they are not organized; and equestrians in Brevard County need to unify under one big umbrella.  She stated there is an equestrian facility in Wickham  Park; but that is a foundation to build on to have a bigger vision as to what can be done in the equestrian community.  She noted she is concerned that she does not have enough information to be able to make a good sound judgment for all of the Brevard County residents who have equestrian interests; by going out for an RFP, the County can bring in people who can give insight as to what the best use is; there is a large number of people who feel there needs to be more shows, more educational workshops, and trails;  and  there is a  wide range  of  activity for the horse  community to  be involved with.  She stated she does not want to narrow down the vision, she wants to get the vision going up and to be able to step back and see the big picture of what can be done.  She noted there are those who want to do boarding and those that feel the stalls would be more advantageous for a larger group; that is a conflict, but she thinks it can be worked out if enough information is gathered by the people who are knowledgeable; but she cannot make that decision; and she can turn to Mr. Lusk who has already stated he does not have the expertise to make the decision.  She stated the Board has the opportunity to do the right thing; as was stated, if the Board goes out for an RFP it does not have to accept any of the companies if it is not really the vision the residents want, or it may find out that no one will answer the RFP; and she does not feel comfortable not going out for an RFP.  She stated the RFP is going to give authority for the Chairman to negotiate and execute a contract; and she would like to strike that, as she would like to have an RFP go out, but then have it evaluated and researched, and come back to the Board to be looked at one more time.  She inquired if there is anything the Board needs to know from the County Attorney’s Office. 

 

Assistant County Attorney Morris Richardson stated one of the concerns is the situation that existed previously with private long-term boarding; it was a lease scenario that was private lease of County owned property, which is subject to certain Florida Statutes and County Ordinances; there are a number of ways the County can lease out the property; but the old arrangement is not one of them; and that was a fixed rate to certain people based on a waiting list.  He stated there are several options that would work; legally, the RFP process is one of them; competitive bidding for the stalls is another; non-competitive negotiation with a government or non-profit corporation would be another potential option; and what is clear is that the County cannot go back to the old way exactly as it existed before; but the proposed RFP would satisfy the legal requirements of the Statutes and Ordinance.

 

Commissioner Nelson stated he agrees with Mr. Ellis, the stables have always made money; the problem with Wickham Park is that there is a stable operation and a campground operation; and that funds the entire operation of the park, which includes picnicking, major pavilion usage and everything else that goes on there.  He stated if those entities were separated out from the rest of the park, they were making money, but the County was paying for all the services the park provided out of that revenue source and then having to supplement it; and the County would have had to have paid more if it were just paying for the park operation.  He stated the Board told the people in the County, particularly the south part of the County, that it was going to take down the old stables and improve them; it told the people it was going to improve the arena so that the existing  community users had a better facility to use; and that was the Board’s promise to the citizens.  He stated now the Board is talking about privatizing the facility; and he is struggling with that concept because that is not what he was telling people at that given  time.  He stated  there are two issues the Board has to address; one is if the Board is going to board, or not board, because that drives the second decision; if it is going to board then it is not going to do the regional shows that have been discussed; he thinks that decision was made years ago; Joe Wickham had the vision that caused the park to be purchased; and he does not think it was a bad decision.  He stated there may be some issues that Mr. Richardson has made on how exactly the Board should allocate those, but he thinks those are manageable.  He advised the other  issue is that the Board risks  the danger of  trying to  create a facility that is not able to

be supported at that location; it is a small area that cannot be expanded into a regional-type facility; and for that matter, the Board appointed him to work on the Centreplex, which is supposed to be that kind of regional facility.  He stated the Board may recall when there were carnivals at Wickham Park just about every weekend, and it was killing the park because it was too much activity; and now the park is in the same situation.  He stated at the end of the issue Wickham Park is going to be a very nice facility, but it needs to be consistent with what the Board promised the citizens of the south part of the County; and it is going to be run by a community based method.  He advised he will not support going out to RFP because it is inconsistent with what the Board has told the community.

 

Commissioner Voltz stated she agrees with Commissioner Bolin; she has not been a supporter of the horse stalls at that price; for the most part, it was voted on by the citizens in Brevard County, it was in the referendum and the Board needs to do it; and the stables are almost built and the Board needs to do it regardless if it disagrees with the price.  She stated what the Board needs to do is the best it can for the taxpayers’ dollars that are going to be spent at that facility; and if the Board does not do that then it is not doing its job.  She stated the facility is there and the Board needs to make the best possible horse park that it can; and in doing that, the Board needs to make sure it can answer to the people who are non-horse people, and that it is spending their money appropriately.  She noted the Board can look at the proposal that is brought back and either deny it or approve it.

 

Commissioner Colon stated there is a history as to how the Board does business; she will not be supporting the RFP; the Board has to look at the track record of how it has been fair to the community; there have been Crew Clubs that have come before the different advisory boards and have championed in Indian Harbour Beach and they went out in the community and helped with the referendum; and it is a group of activists in particular fields that have made things happen in the community.  She stated County staff is just doing their job; she thanks Mr. Lusk and Mr. Whitehead; and it is their job to share with the Board of County Commissioners and they cannot be chastised for doing their job.  She stated commissioner Bolin met with people; that is true leadership; Commissioner Bolin wanted to hear what everyone had to say; and she is basing her decision on her last 13 years of dealing with citizens and working closely with those that have championed it from the beginning.  She stated Parks and Recreation has had this problem time and time again; when it is time to finish the deal, something happens; and she apologizes to anyone who was not part of the process. 

 

Commissioner Bolin stated one of the things she wants to avoid is not getting all the information possible; she walked into a situation with the Viera Park when all the information was not gathered; and a whole unit of people were left out of the  Viera Park when there was not anything there for football.  She stated she does not want to make a mistake; she is still in favor of the RFP because it is going to bring to the Board more information; the Board does not have to hire anyone who answers the RFP; but they might bring something to the Board that it can use.  She stated she is in favor of having the local people be the advisory board; and she wanted an equestrian advisory board, not a Wickham Park-only advisory board.

 

Commissioner Voltz stated all of the County parks are open to everybody and not just a football league, baseball league or others; Wickham Park is different in that it is specifically for horses; and there may be a large horse population, but she sees no problem with going out to try to find an RFP, even if it gives the Board a better idea of what it should be doing as far as how it can spend the taxpayers’ dollars more effectively.  She stated if a group of people are put together from the horse community, they are probably going to be split on the same issue; some of them will want horse boarding and some of them do not; she sees no problem in going out for an RFP to find out what the Board’s options are to run that part of Wickham Park; and the question is how the Board should spend the taxpayers’ money more effectively. 

 

Commissioner Nelson stated Commissioner Bolin mentioned the Viera Football Program; when the referendum was being written there was no Viera Football League; and that is a challenge that is always faced.  He stated it is not unusual for the Board to be involved in organizations and groups that have a unique focus; the question is how large is the carrying capacity of the area; and inquired how many trailers can be at the facility for a show.  Mr. Lusk replied he does not know, but he believes there are people that have the expertise and know that answer; the character of the park is not changing; and that was never his intent.  Commissioner Nelson stated that is important because if the park starts having shows that are larger than what has always been there, then it changes the character; and it also then becomes competition with other uses that occur at that time.  He stated if there is a consultant who comes in and tells the Board how to establish a Program, that is a management kind of review; what the Board is doing is asking someone to come in and run the facility; that person is going to be the one collecting the money and privatizing the facility; and he does not support the privatization issue.  He stated the bottom line is the Board needs to end up with a high-quality facility because that is what it said it was going to do under any circumstance; the arena needs to be finished; the footing is not the way it needs to be; the layout is getting squared away so that when there are more shows, it is more functional; and that is where the Board needs to end up and under any circumstances the Board is going to wisely expend the taxpayers’ dollars doing that. 

 

Commissioner Voltz stated at the same time, whatever RFP the Board gets back, it can take that information and determine whether or not it wants to take the advice or hire someone to do it; but the Board will never know what the best benefits of that particular park are until it goes out; and no one on the Board is a horse boarder or horse rider. 

 

Commissioner Colon stated the Board had an advocate in Commissioner Carlson; Commissioner Carlson knew about horses; the Board was able to get a good perspective from her; and she was a huge champion in the fact that the Board is even having this discussion.  She stated she does not think the item should be tabled; the Board needs to support what it said it was going to do; and changing the rules right now would not behoove the Board.

 

Commissioner Voltz stated the Board is not horse experts; the people using the facility are not financially responsible for what happens at the park; and the best thing the Board can do is go out and try to figure out how it can spend taxpayers dollars more wisely.  She stated the Board does  not have to go  with  any of the proposals it gets; the  Board  can  simply look at them and determine whether or not it wants to meet with the community and have them look at the proposals; and she sees it as a positive for the Board to go out for an RFP. 

 

Chairman Scarborough inquired if Mr. Lusk would like to comment on somebody possibly coming in to do an analysis.  Mr. Lusk stated at the end of the RFP document are two different services that people could have responded to separately; one was technical assistance; and the other one was planning kinds of services.  He stated if the Board wanted to authorize him to go and procure those, he would go out and find someone that can come to the table and give the Board some expertise in terms of deciding where to go.  Chairman Scarborough stated there are two issues that he heard; Commissioner Bolin would like any RFP to come back to the Board before entering into a contract; and Item 2 on the Agenda Report is inconsistent with legal advice Mr. Richardson gave the Board.  He stated the item is referring to a manner of determining boarding based upon costs rather than upon market value; and Mr. Richardson had indicated the Board has to look at market value rather than the cost.  Ms. Busacca inquired if the alternative services Mr. Lusk had spoken about is labeled Section VI on page 16; with Mr. Lusk responding affirmatively. 

 

Commissioner Colon stated if the Board recalls, in order to build the stables, different kinds of material was discussed; with an RFP the best thing for it is to come back to the Board and for it to be more detailed; and at that point the Board will know what it is looking for, for an example. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the advertisement for and acceptance of proposals from qualified organizations for the operation of the Wickham Park Equestrian Center; eliminate any reference to a management response in the RFP; not approve:  (1) authorizing the Chairman to execute a negotiated contract, and (2) delegating the County Manager the authority to execute renewal options and amendments as will be outlined in the contract, contingent upon County Attorney and Risk Management approvals; and direct that the RFP results come back for further discussion by the Board.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson inquired how the Board gets back to where it was in terms of the format that is legal; there are places throughout the State that do similar things; and he would like to take a look at how the Board can get closer to where it was in terms of the format as opposed to the lease or having to privatize.  Mr. Richardson replied if the Board’s direction was to go back to the old ways essentially, with long-term boarders at the facility, the mechanism that might work for that, which was suggested to the boarders in February, would have been that perhaps they get organized as a non-profit and then the County could have non-competitively negotiated with them for lease of the entire premises.  He noted he has not been able to uncover any mechanism that would allow for non-competitive individual long-term lease of the stalls based on  a  waiting list. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Contract with Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems for Multi-Purpose Erosion Control Structures; with Coastal Tech Corporation for the Multi-Purpose Artificial Surfing Reef Feasibility Study; authorize a Purchase Order for Praecipio EFS to complete an economic study in conjunction with the engineering feasibility study; and authorize budget changes accordingly.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Amendment 5 of Contract 05BE1 with Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems for continued design and permitting of the Mid Reach Shore Protection Project.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table authorization for the Chairman to execute two contract amendments between Brevard County and the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, to the December 13, 2007 Beach Management Plan Workshop.  Motion carried and ordered unanimously.

 

 

 

The Board reached consensus to reappoint Jerry Noffel and J.J. Parrish to the North Brevard County Hospital District, subject to confirmation by the City Council of Titusville, with appointment terms expiring December 31, 2011. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve design and construction for capital improvements at the Space Coast Stadium; and authorize the County Manager or designee to authorize bids and awards for all materials, services and equipment necessary for the expedited completion of these projects.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve a Workshop for 1:00 p.m. on Wednesday, February 27, 2008, with the Brevard County Legislative Delegation in the Florida Room.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize staff to apply to the National Institute of Corrections for a grant not to exceed $20,000 for a consultant to review the operation of the jail and criminal justice system; authorize the County Manager to execute any application necessary to apply for such funding; execute any resulting contracts and follow up paper work; and in the alternative if the County does not qualify for the funding, that the Board authorize the expenditure of $20,000 to compensate the consultant.  Motion carried and ordered unanimously.

 

The Board recessed at 11:52 a.m. and reconvened at 12:44 p.m.

 

 

John Denninghoff, Transportation Engineering Director, stated the FDOT I-95 widening project has a good deal of construction taking place at the Fiske Boulevard interchange; and recognizing the seriousness of the impact on Wickham Road and the traffic circle when there was a major problem on Stadium Parkway, he would advise the Board and the public that there is going to be some serious transportation related issues associated with that construction activity.  He noted the Fiske Boulevard overpass will go to a single bridge over I-95 at various points in time beginning next week; and if anyone can avoid that interchange, he would advise them to do so.  

 

Commissioner Voltz stated it is a good problem to have; the County has been waiting for the widening of I-95 for some time now; and it is a positive thing to be going through.

 

Chairman Scarborough inquired if there is a way for the public to know when there are delays on I-95 going up and down the County before he or she leaves their home; with Mr. Denninghoff responding one can dial the 511 number and get that information; FDOT is trying to keep that information up to date; and that is currently the best way to find out about any delays.  He added there are good information signs on I-95 that tell when things are going to be happening; people need to pay attention to what is going on; and the situation is going to get worse before it gets better.  Chairman Scarborough inquired if there is a way to put information on SCGTV when there are delays on I-95; with Mr. Denninghoff responding he will try to coordinate a better flow of information with respect to I-95. 

 

 

Commissioner Nelson stated his only question is about the size of the building for that size of a park, and if the parking would be adequate.  Parks and Recreation Director Don Lusk stated he has to consult with his area managers in terms of what they see as the best suited location; Cliff Singleton and Jeff Whitehead, South Area Manager, believe the park is the best place; and Commissioner Nelson’s concerns about parking may be valid, but as staff goes through the permitting  process  it  will know more  about that.  He  noted Mr. Whitehead  is  interested in the facilities that may come to the park and the idea that the County now has a park that has port-o-lets and not potable water; and Mr. Whitehead saw that as a positive for that particular park. He noted staff had originally discussed the issue with the advisory boards and it was agreed upon that anywhere in the south end of the County was acceptable; and staff has some flexibility as to what the Board thinks is best.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to accept proposal from S5 Construction, LLC to construct and donate modular classroom prototype buildings at Police Foundation Park; and authorize the County Manager to execute appropriate documents as required to complete the acceptance and construction.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough  stated  he  would  like to  give more  time  to Clerk  of Courts Scott Ellis because he seems to have more technical issues than others.  Commissioner Nelson stated at the last meeting the Board heard two similar items at the same time and this item has the same situation.  Chairman Scarborough stated the Board can hear Items VIII.B.2. and VIII.B.3. at the same time. 

 

Nancy Bindig stated she lives in the neighboring area of the subject property; she and her husband support the purchase of the land, which is part of the Indian River Lagoon Blueway Project; and she agrees with EELs decision to buy it based on it being a vital ecological link and to help restore balance and protect shore lines.  She stated the purchase will also bring about additional acreage in Ulumay Wildlife Sanctuary; and she would like to ask the Board to protect the area for future generations by voting in favor of the purchase.

 

Richard Stevens stated he would like to thank the Boyds and DiChristophers for being willing sellers of the property; on the map, the properties in yellow are privately owned, and by making the purchase, the Board will be including two areas that are major portions of the property between Sykes Creek Parkway and S.R. 528; and there will be one large sanctuary area that will be a benefit to the County.  He stated he has heard in the past there was an issue with what the County is paying for the property; there may be hope that it would cost less in the future, but there are willing sellers today; and he thinks the price is good enough and it is not going to get better.  He requested the Board approve the purchase of the properties for the people that live in Brevard County today, and for the children who will inherit it in the future.

 

Maureen Rupe stated she is the President for The Partnership for a Sustainable Future; the Partnership urges the EELs purchase of the Boyd property and DiChristopher property; and with the purchase of the two properties, the County will own the continuous major core of the Ulumay system from Sykes Creek Parkway at the south, to S.R. 528 at the north, and Sykes Creek to the west.  She noted the Ulumay Wildlife Sanctuary is a significant natural resource recognized internationally among Audubon bird watchers; the site is valuable to the EEL Program for many reasons; the properties are included in the Indian River Lagoon Blueways Forever Project, which qualifies it for State reimbursement; and wetlands along the Lagoon are considered critical to protecting the biological diversity of the Lagoon.  She advised the purchase of the properties are within their appraised values; the area is home to the Osprey, White Pelican, American Coot, various warblers, and many others; the acquisition will allow for continued management of Brevard County Mosquito Control; and the lands are recommended for purchase by the Selection Management Committee as the highest priority.

 

Jim Flanigan stated he would like to thank Mr. Boyd and Mr. DiChristopher for offering the property for sale; and he encourages the Board to purchase the properties, as it would make a big difference in the area.

 

Doug Sphar stated he would like to ask the Board support the purchase of the Boyd and DiChristopher properties; he and his family are long time recreational users of the greater Ulumay wetland system that extends from Sykes Creek Parkway to S.R. 528; he enjoys the numerous canoe trails that connect the numerous lake-like patches that dot the system; and Ulumay now functions as an integrated natural wetlands system.  He stated the DiChristopher property, along with the adjacent Boyd property lie at the heart of the system; and not purchasing the two properties could potentially result in functionally severing the northern portion of Ulumay from the southern portion.

 

Mary Hillberg stated she would like to remind everyone there were two referendums, the last one of which had a majority of voters who voted to purchase the properties, and tax themselves to do it; and she hopes the Commission will support the purchase of the properties.

 

Barb Venuto stated as a homeowner near the Ulumay Wildlife Sanctuary she is happy that EELs is willing to purchase the two large parcels at the low bargain price; land on the barrier island is  at a premium;  and  there are still actively  eight  more  private owners  of conservation land adjacent to Ulumay.  She noted one of the private owners had been trying to change the zoning on his property so that he could parcel out his land for a $4.5 million cash cow; a lot of neighbors invested a lot of time to scrap that owners plan; in 2007 the owner tried to change the land use comprehensive plan; and out of that experience came the Friends of Ulumay Group.  She stated the Group is delighted by the current purchase; but the matter is still not settled, and the developer is suing the County for vested rights; and she would like the Board to purchase the subject property while the sellers are willing, in order to avoid further complications in the future. 

 

Jim Durocher stated he represents the Space Coast Paddlers Club, which is a recreational canoe and kayak club  in Brevard County; the  Club  has many  members  and Ulumay marsh is one of the places the Club visits; at Ulumay he has done bird watching, off-road biking, hiking, fishing, canoeing, and kayaking; and it is a tremendous recreational resource, besides being an environmental and ecological benefit.  He stated the Space Coast Paddlers Club strongly supports any addition to the Ulumay property.

 

Suzanne Valencia stated she strongly urges the Board to accept the option agreement for sale and purchase for both subject properties.

 

Scott Ellis, Clerk of Courts, stated apparently every piece of property is the highest priority; and that is unusual.  He stated of the two properties, one was purchased 10 years ago at a tax deed sale for $10,000; currently the properties are assessed $500 to $600 per acre; and the County is paying $10,000 per acre.  He stated the County is not paying market value for the property; it is paying 10 to 20 times more than what the properties can sell for; and he understands why the sellers are willing sellers to the County for the prices they are getting.  He stated it has been said that the County is stopping development; there is no development to be stopped; information from St. Johns River Water Management District indicates the property is not a mitigation bank; and it cannot be used as a mitigation bank, which is what it was appraised against, because according to St. Johns River Water Management District, “Small amount of functional lift is there limited activities that could occur and thus can be prevented by preservation.”  He stated there are already mosquito impoundments on the property; EELs staff says there is no restoration to be done; but he is not sure how the County handles the mosquito impoundments that are on the property; there are mosquito impoundments throughout Brevard County; and if the Board is going to start using EELs money to buy mosquito impoundments, then it is going to be buying a lot of mosquito impoundments up and down Brevard County.  He advised fundamentally, the property is not buildable, and if it were buildable an effort would have been made to do so.  He noted Brevard County went through a real estate bubble two years ago that no one has seen in a lifetime; the Board has a letter from the appraiser that says the values are based on 2006; there is information from St. Johns River Water Management District that says even those appraisals are flawed because the property cannot be compared to mitigation banking property; and it cannot be a mitigation bank.  He stated his office will try to get a report done; his office continues to work on five-day turn-arounds, with holidays included.  He inquired if the Board is going to buy property, why does it not pay what the property is worth instead of 10 or 20 times what the  property is  going for; if the Board is going to buy itself out of every problem with the mosquito impoundment mitigation, then everyone who has a mosquito impoundment is going to mitigate the Board from now on; and the Board needs to be prepared to buy them all, because that is where it is headed, as mosquito impoundments are all up and down Brevard County.  He stated people did not vote to be ripped off; people voted to buy land; and an important component to the EEL Program is that the County pay somewhat near market value for property, and not whatever feels good to pay; and the County is paying far too much for the properties.  He stated eventually it will get out to the public what has been done; the purchases have been rammed through at warp speed every seven days; and his office gets criticized because it cannot turn reports around fast enough; but nobody could turn a report around fast enough if they did due diligence on the appraisals.  He advised the subject properties are considered Class C by EEL, which is lowest priority; the EEL Program is supposed  to be  looking  at property  that is  generally  not  protected by other means; saltwater

marsh and mosquito impoundments are protected by other means; and it is impossible to develop the property with any kind of economic sense.  He noted Brevard County is the fastest falling real estate market in the United States, and it is still using data that is a couple of years old and flawed.

 

Chairman Scarborough stated there appears to be a question that the purchase could create a precedent which would allow or encourage additional litigation.  County Attorney Scott Knox stated it is a unique question because there have been three cases involving mosquito impoundments; one was settled for $35,000 in the south end of the County; the other was litigated through trial and the County paid $121,000 for 27 acres; and the proposed purchase is substantially higher than those other pieces, but there are some issues in the cases that have not been litigated because the Board took some actions two years ago that made the properties usable should the property owner decide to do that.  He stated the interesting question becomes though the Board has appraisals that put the values over $1 million, does that allow the property owner to continue to litigate if the County does not purchase the properties.   He noted that if he were the attorney for the property owners, he would tell them if the County does not buy it, then they should litigate because they have appraisals in place that show it is worth over $1 million.

 

Mr. Ellis inquired how Mr. Knox would handle owners of other comparable properties; with Attorney Knox responding if the County has to pay over $1 million for those pieces of properties after litigation, then people will be standing in line trying to get in.  Mr. Ellis stated the Board is setting a value today of $10,000 per acre for wetlands.  Attorney Knox stated it is Hobson’s Choice; there are issues the County can raise in the litigation, if it goes forward in litigation, that would ultimately prove to be different than the Blasky case, which is the case the County lost on the liability issue; but he does not think the liability issue with DiChristopher is as clear as it was with Blasky.  He stated the precedent, by virtue of the appraisals being what they are, has been set in terms of what the property owners think they can get for their property; and he does not think buying it is going to reinforce that; but if one litigates over what is mosquito impoundment property, this is the kind of appraisal that is going to be looked for.  Mr. Ellis stated if it is a mosquito impoundment issue, then the money needs to be Mosquito Control money and not EEL money.  Mr. Knox agreed that is true. 

 

Mike Knight, EEL Program Manager, stated the EEL Program is planning to work with Mosquito Control to do a cooperative management of the property; it would be managed for Mosquito Control purposes; the EEL Program will manage for conservation purchases; and it has to initiate further management plans with Parks and Recreation so that perhaps Parks and Recreation can address the public access issues so there are three entities involved in managing those issues.  Mr. Ellis inquired if public access is by boat; with Mr. Knight responding there are trails from Ulumay that go along the dike; and there is an observation tower at Ulumay as well.  Mr. Ellis inquired if the EEL Program would maintain the dikes; with Mr. Knight replying affirmatively. 

 

Chairman Scarborough stated the big issue is the process by valuation; and inquired if Mr. Ellis stated the property was purchased through a tax deed sale; with Mr. Ellis responding the property was purchased 10 years ago for $10,000. 

 

Keith Fountain, The Nature Conservancy, stated the Clerk raised two issues; one was the price at which the land owners may have purchased the property and thus the profit be made; the other issue was valuation; and Mr. Ellis commented that it was valued as a mitigation bank.  He stated the property was not valued as a mitigation bank; the property was valued with a highest and best use for mitigation; if it had been valued as a mitigation bank the appraiser probably would have looked at the price that mitigants pay for credits in an established bank and run out some kind of discounted cash flow; and that is not what occurred.  He advised not all mitigation is done with mitigation banks; a replacement property can be bought and mitigated in that fashion; that is the way in which the appraisers looked at this property; and that is the way the appraisers characterized the highest and best use.  He stated the property owners are making a profit; and he thinks there was some commentary that seemed to equate assessed value with market value, but that is not his experience.  He stated every appraisal that is done has an assessed value that seems to always be lower than the final appraised value; and people are not buying and selling homes typically at assessed value, but at some value greater than that.  He noted in the last three, four, to five weeks, staff has been through a number of appraisal reports done by a number of appraisers and reviewed by other appraisers; there were probably six, seven, or eight appraisals in the mix; and all of the appraisers are well regarded professionals on DEP’s acquisition list, State certified, and used by many agencies.

 

Mr. Ellis inquired if the Board received the letter from Mr. Wagner, the appraiser on the property.  He stated the letter clearly states it was sent on November 2, 2007 and that he was looking at the value he estimated a year and a half ago; it does not reflect current value; and although he agrees assessed and market is different, this is a 20-to-one differential, which is not small.

 

Commissioner Nelson stated the two agenda items show the purchase price at $84,000, $64,000 and another one for $81,000 per acre; and inquired if this item was originally on the Agenda for March; with Mr. Knight responding it was on the Agenda for April 10, 2007.  Commissioner Nelson inquired if the appraisals were available at that time; with Mr. Knight responding affirmatively.  Mr. Ellis stated part of that was that the acreage was changed as well; the property started at 120 acres; it is now 147 acres; and it is probably because there is a great deal of water there which could include sovereign lands.  Commissioner Nelson stated he thinks that happens a lot on parcels that have to be surveyed for the final established value; and he does not think that is unusual. 

 

Mr. Fountain stated when the Nature Conservancy began acquiring the properties five or six years ago on behalf of the St. Johns River Water Management District, it was dealing with information that led it to believe there was an open water area more so on the Boyd property than the DiChristopher property, but affecting both of them that was potentially sovereign lands.  He noted by the time the negotiations were concluded the land owners had gotten a survey of the property and had it reviewed by DEP; DEP declined to assert a sovereign claim on any of their properties; and that brought about the upward change in acreage.

 

Chairman Scarborough stated at the last meeting the Board had the option of accepting an assignment and asking for some additional information on value; and inquired if the Board has that  opportunity   on  this  item  as  well;  with  Mr.  Knight  responding  affirmatively.   Chairman Scarborough inquired what are the time parameters; with Mr. Knight responding the two options do not need to be exercised until March 26, 2008.  Chairman Scarborough stated if the Board has any questions about the valuations, it could have additional work brought back to it before it exercises the options in the Spring.

 

Commissioner Nelson inquired what the value on the DiChristopher property was; with Mr. Fountain responding it was $10,000 per acre for both.  Commissioner Nelson stated the current purchase price is $8,100 and $8,400; and he does not see it dropping $2,000 with another appraisal.  Mr. Ellis stated the real question is if the property is worth $10,000 per acre.   Chairman Scarborough stated the Board can move forward with the request for additional information; and the Board can define what it wants.  He stated there is a great deal of interest on the property or else people would not be coming to speak about it; but he is sure those same people would not want the Board to pay more than what was appropriate.  Mr. Ellis stated it is a market value and not a sentimental value; everybody would love to sell things on a sentimental value basis; but it is a market value that the County should be paying for the property; and the County went through it extensively in the 1990’s when it adopted the EEL Program.  Commissioner Nelson stated if the property comes back after another appraisal at $9,000 per acre, then the Board is back at the same discussion because Mr. Ellis believes it is worth less than that.  Mr. Ellis stated he believes the property is worth much less than that; and inquired why the Board never negotiates a purchase. 

 

Commissioner Nelson inquired of the negotiating history on the property.  Mr. Knight advised negotiations began at $8,000 per acre.  Commissioner Nelson stated negotiations started at $8,000; the owners countered with a higher number; the first time around it was negotiated to $10,000 per acre; and it was later renegotiated down to just over $8,000 per acre.  Mr. Knight stated that is correct.  Mr. Ellis stated there are all kinds of parcels listed as the highest priority; at some point the Board needs to make a decision that it is not going to pay that much for a property and walk and buy other properties; and the County has an assortment of properties to buy and there is no negotiation, no  weighing of properties as to which is more valuable than the other, it is the first seller.  He noted the system is set up that the first person in the door gets to sell the property because there are so many parcels listed at the highest priority; it is the first willing seller that hits the gate and gets to drop it in at appraised value; but it is impossible for every piece of property to be the highest priority; and there has to be some regions that are a higher priority than others.  He stated he does not think the County will get any money back from DEP because the State has its own money problems; and that should be taken into account.  He advised if the Board is using EEL money to buy itself out of a mosquito impoundment problem, it is going to face this problem up and down the entire river in Brevard County. 

 

Commissioner Nelson stated he understands what Mr. Ellis is saying, but he thinks the dynamics of trying to buy large tracts of land throughout the County creates a scenario where finding willing sellers and going through the process will never be a one, two, three, priority process.  Mr. Ellis stated what he has found is that there are no buyers; purchases are coming through, but there are no local comparables because nothing is selling; it would have made more sense  for the  Board to get this  purchase  through in 2004, or 2005, but nobody has been buying for the last two years; and the County keeps acting like there is a rush and the bubble is going to reignite any day, but it is not.  Commissioner Nelson stated during the 2004/2005 period, the appraisals could not catch up with the pricing; and the purchases could not be rushed because there were not appraisals that could keep up with it.  Mr. Ellis advised the same thing is happening now in reverse.  Commissioner Nelson stated experts have told the Board that is not happening.  Mr. Ellis stated the experts are wrong; foreclosures are about to double sales in Brevard County; and the Board is going to find out what is happening with the market in the County.  Commissioner Nelson stated the vast majority of the foreclosures are residences and commercial and not large tracts of land.  Mr. Ellis noted raw land is what is needed for development, which is why after a real estate bubble raw land will accelerate faster than developed property; and that is why land in Mims went to $100,000 per acre in the summer of 2005.  He stated every comparable he has seen is property that has been bought a couple of years ago and then time-adjusted forward.  Commissioner Nelson stated that supports the argument that the appraisers had, which is once it hits that level it will stay there because those are the people hanging on to it; and when the market comes back, they will sell.  Mr. Ellis inquired if the appraisers were correct, how could the property have been purchased in 2004 and 2005.  He stated it was all purchase, and now sales are being looked at from 2004 and 2005.  Commissioner Nelson stated now the County is on the upside.  Mr. Ellis stated the people the Board has dealt with are not institutional investors, they are developers; and they do not buy property and sit on it for 50 years, they buy it and move on. 

 

Keith Fountain stated he would like to address the notion that the Program is buying in what is a slow market on a first come, first served basis because that is not the case for anybody who has been at any of the Selection and Management Committee meetings over the last two years; there have been land owners come in; and the market has created a lot of willing sellers.  He advised there have been land owners come in with willing seller applications that have been outright rejected by the Selection Management Committee; there have been land owners come in that the EEL Program has  done appraisals on;  and they have been either negotiated toughly because they were not the highest priorities, or there was a decision not to negotiate at all because even after there is an appraisal there was a realization that better tracts were coming in that were the cream of the crop.  He noted the Board is approving a number of transactions right now that are significant.  He stated the Board has talked about the landscape context of Hunters Brooke and the landscape scale of AG Ventures and Scottsmoor; and he would like to talk for one minute about the ones that are on the table today.  He advised the approximately 250 acres the Board is considering today finish the acquisition and preserve the ecological integrity of what is probably the largest marsh habitat left south of Merritt Island National Wildlife Refuge, definitely in Brevard County, and maybe the State of Florida; it is a tremendous environmental significance; and that is why the EEL Program is buying this mosquito impoundment and not some over individual’s mosquito impoundments.  Mr. Ellis stated if the EEL Program was truly doing a restoration it would pull down the dikes.  Mr. Fountain stated that cannot be done or else there will be mosquitoes all over every homeowner in the area; mosquito control has to be maintained; that is why St. Johns River Water Management District was after the properties five years ago; and they could not be negotiated at that time. 

 

Commissioner Nelson inquired if the cost of the appraisal process will be $10,000; with Mr. Knight responding affirmatively.  Commissioner Nelson stated he is convinced the property is not going to drop $2,000; and the Board will be in the same dilemma looking at an appraisal that supports the acquisition process.  He stated the Board is going to have an honest disagreement with Mr. Ellis because he believes it does not have that kind of value; and the Board and Mr. Ellis are not going to get past that no matter the number of appraisals that are obtained.  Chairman Scarborough stated the Board can choose that as a second option.  He stated the issue will come back to the Board and when it does, the Board can have additional information; and the Board can make that a motion.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Assignment of Option for Sale and Purchase of the Michael A. DiChristopher property and Mary Ann St. John Ray, Samuel L. Boyd and Sykes Creek Property, Inc. Tract through The Nature Conservancy; and authorize the Chairman to execute the Assignment of Option for Sale and Purchase.  Motion carried and ordered unanimously.  

 

 

Chairman Scarborough inquired if there is additional information the Board would like to obtain in the interim.  He stated with a non-active market it is hard to find any variations in values if there is nothing trading; and inquired if the Board tries to obtain more information from the real estate appraisers, what can they draw upon that they have not already drawn upon; with Mr. Knight responding the EEL Program believes there is going to be significant comparables they will be able to draw upon; and he does not think there will be a significant change, but the Board will be spending more money to reach the same conclusion.

 

Commissioner Colon stated it would not be any different than what the Board has done in the past, in regards to getting an appraisal; that is the only thing she would support because she thinks  it is important to  get an  independent  appraiser,  and not the same appraisers who have already done it.  Chairman Scarborough stated with the amount of money and the amount of questions, he would prefer to spend $10,000 and find out that it is only $1,000 less.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize staff to obtain a new independent appraisal for both properties.  Motion carried and ordered unanimously. 

 

 

Mr. Knight inquired if the Board is talking about just getting a single additional appraisal; with Commissioner Nelson responding he thought the Board was doing what it has done previously, which was to have those appraisals updated; and inquired if there is enough time to get an independent appraisal.  Mr. Knight stated he has gotten one response from an appraiser stating the Board can have an update to the appraisals in 30 days; but that is with an existing appraiser; and if it is going to be a new appraiser, it will be a lot longer than that.  Commissioner Nelson stated it would be his preference to be consistent with what the Board has done.  Chairman Scarborough stated Commissioner Colon clearly said independent; and that is what he thought he was voting on.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to reconsider earlier motion to authorize staff to obtain a new independent appraisal for both properties.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize staff to obtain a single new independent appraisal for both properties. 

 

 

Commissioner Colon stated she would like to be sure it is not done by the same appraisers the Board keeps using; and when she said independent she meant totally independent.  Attorney Knox stated the Contract provides 120 days for the Board to exercise its options; and whoever the Board hires needs to get the appraisal back to the Board in that timeframe. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize staff to obtain a single new independent appraisal for both properties; and authorize staff to exercise the Option for Sale and Purchase on or before March 26, 2008, for both properties.  Motion carried and ordered; Commissioner Nelson voted nay.

 

 

Mr. Ellis stated he would like the Board to take a look at the long term consequences on the mosquito impoundments and perhaps get together with Mosquito Control to determine how much acreage there is under mosquito impoundments; and it may be more than the Board thinks.

 

Chairman Scarborough inquired if it was the intention of the Board that the motion apply to both Items VIII.B.2. and VIII.B.3.; with Commissioner Nelson responding affirmatively.

J.R. Russo, Public Defender, stated before the Board is the issue of Public Defender space; it is an issue that has been dealt with for several years; and he is here today to discuss Option Five with the Board.  He stated a lot of time has been spent on Option Five; Commissioner Nelson provided a lot of leadership several months ago in working with the Sheriff and the Public Defender’s Office; and that deal was close to being concluded; but at that point it became obstructed because the Sheriff had some other plans he wanted to pursue that have since become successful.  He stated Option Five would allow his office to remain in one building as one operating office, which is extremely important; the one part of the option that makes people wince is the cost; and he asked his Attorney to retain, at his expense, a construction engineer to come in and review the space and give an estimate of what that person thinks it can be done for.  He stated a few months ago, Miorelli Engineering and Construction came in and tore the building downstairs and used the same plan that was worked with by Commissioner Nelson; and Miorelli  Engineering  and  Construction  estimated  the cost at $415,000, as opposed to the $700,000, which is on the agenda report.  He advised that cost is higher than the other options, but there is a crucial benefit for his office to continue with Option Five.  He stated the concern he has is the reality of the Criminal Justice Center additional building being completed in 2009, which is only 13 months away; it will be several years before that building is completed; and additionally, the plan would be for the Public Defender to move to Building D.  He stated in that case the State Attorney would be moved out of his building and into the new building in a couple of years from now, then renovating Building D; and he thinks the Board is looking at a minimum of two and a half to three years, and maybe longer.  He stated from that point of view, the Board’s leasing options do not become that much more, if at all, economically equal to what Option Five presents; and he supports Option Five and believes it is economically feasible.

 

Commissioner Nelson stated in relation to Option Five, the Sheriff is still going to spend some money to renovate the holding cell area; and some money is going to be expended there if the Board does not choose Option Five anyway.  He stated the Board has been around the same circle many times in terms of the provision of services that would be displaced; and he believes Option Five is the best option.

 

Motion by Commissioner Nelson, to approve Option Five.  Motion died for lack of a second.

 

 

Commissioner Bolin stated she would like to discuss Option Six; the reason why she does not support Option Five is because of the renovation costs, and there is no guarantee that once the Public Defender is moved to the new location, that there will not be another big renovation because it is not what the Sheriff wants as the end product. 

 

Stockton Whitten, Assistant County Manager, stated Option Six would move the Public Defender to the Rockledge Park; that would necessitate having to move the Public Health Department from that location to Byrd Plaza at a cost; and there is an existing lease at the Rockledge Business Park that expires in 2008, which is $66,000 per year that would have to be extended to whenever the expansion project is completed.  He advised there is a current lease at Byrd Plaza through 2011; Byrd Plaza sustained damage during a fire and the County is not paying rent until people are moved back into the Plaza after the renovations occur; and Option Six allows the Board to move some people without having to enter into a new lease agreement.

 

Commissioner Bolin noted Byrd Plaza will be completed and will not need renovations if the Health Department is moved back to that location; and no renovations would be needed for the office space at Rockledge Business Park either. 

 

Commissioner Voltz inquired what Mr. Russo’s next best option would be; with Mr. Russo responding Options 1, 2, and 6 are unacceptable for many reasons.  Mr. Russo advised he does not think those options are efficient or reasonable; the Haverty Court area option is 20 minutes away from the courthouse in one direction, and 40 minutes round trip; it is not unusual for judges to pick up the phone and need to take care of cases and bring State Attorneys and Public Defenders together and take care of the cases; and that cannot happen if the Public Defender’s Office is 20 minutes away.  He stated he does not know how to reasonably divide the office; he  cannot figure  out a way  to do it in  a way  that makes  the operation  of the office coherent, efficient, and also serve the judiciary; and that is why Options 1, 2, and 6 are unacceptable.  He noted of the other two options, renovating space in Building B would be a fall back location; he does not think his office can recoup significant space by taking the stacks of books and putting them in the hallway, or by taking the Law Library and getting some offices out of that; and there is no way to reduce the file room; but the only other option is the Building B option.  Commissioner Voltz inquired about the Brevard Cultural Alliance moving to another location; with Mr. Whitten responding as an alternative to Option 3, the Brevard Cultural Alliance would like to move into the community and have the Board give it some dollars in order to be able to do that; and as an alternative to Option 3, MPO can be moved to the BCA space and move BCA out into the community.  Mr. Whitten advised the BCA space is approximately 2,000 square feet; there would be a difference of 200 square feet; but that can be offered as an alternative to Option 3.  Ms. Busacca inquired why the MPO would need to move; and inquired why the Public Defender could not move into the BCA space; with Mr. Whitten responding it could be done that way also.  Mr. Whitten stated he does not know if Mr. Russo prefers to be on the first or third floor.  Mr. Russo stated that option solves the nearness to the judiciary, but it leaves him with the problem of how to reasonably divide his office.  Commissioner Voltz inquired if Mr. Russo would want to leave what he has currently in Building E and then have the BCA space as additional space.  Mr. Russo stated the word that scares him is “temporary”. 

 

Commissioner Voltz inquired where staff is on the construction of the new courthouse; with Facilities Director Steve Quickel responding the courthouse is still on schedule; staff has been meeting with the architect and the construction manager developing the preliminary footprint of the building in order to get engineered drawings and start fast tracking the job; as soon as staff knows the outside structure of the building and comes up with a design for the foundations, construction will start; and the target for construction to begin is early next year, and it is still on track for completion in the mid to latter part of 2009 for the entire project.  Mr. Quickel stated at this point staff is not fearful that it will not meet the deadlines; he can appreciate Mr. Russo’s concerns about time; but staff has 100 percent dedication by everybody involved in the project to meet the schedules and stay within budget; and he feels confident at this time that Facilities will have the project completed by the end of 2009.  He stated Mr. Russo brought up a good point; Building D will require some minimal modifications; but it is office space now and that is what he will need; and he does not see a lot of heavy or expensive modifications having to take place in Building D in  order to occupy Mr. Russo.  Commissioner  Voltz inquired if it would work for Mr. Russo to move into the third floor of Building C.  Mr. Russo inquired what it would take to renovate Building D and let the Public Defender’s Office move into that; with Mr. Quickel responding Facilities would start that project as soon as it could.  Mr. Quickel advised as the expansion for the Justice Center takes place and the areas are built out for the State Attorney, people will be moved into that particular area; and as soon as space is available in Building D, Facilities will start whatever renovation work needs to be done.  He noted the building is set up now for attorneys; there are quite a few individual offices, and conference rooms; it seems to support their needs very well; and he thinks that comparable space should be supportive of the Public Defender’s operations as well.  Mr. Russo inquired if the newly constructed building is completed in late 2009, would it be after that that the County would be moving in State Attorney staff; with Mr. Quickel responding they would be moving as soon as they could.  Mr. Quickel stated Facilities will finish the shell of the building and then finish off the top floor, which are the courtrooms; and the reason that is being planned right now is to get the noise and confusion out of the way so that court can be held.  He stated the second and third floor will be finished quickly; it is office space and the most efficient use of the space; and that can be done quicker than courtrooms.  Mr. Russo stated based on Mr. Quickel’s comments, it is reasonable to expect that he can be in Building D sometime late in 2009.  Mr. Quickel stated it is reasonable to expect that Facilities will start having space available for Mr. Russo by the end of 2009 with a very rapid completion.

 

Commissioner Nelson stated he thinks the most efficient option is Option 5; it is a little more expensive; but if the Board does not choose Option 5, the Sheriff is still going to spend some significant dollars in that area to renovate that same space that would be renovated under this cost.  He noted the hard numbers is in renovating the holding cells; and that is going to occur under any circumstance.  He stated maybe Mr. Russo’s clientele has changed, but if he were Mr. Russo he would put the felony group up on the third floor of Building C and let everyone get a perspective.  He stated he believes Mr. Russo deserves an efficient operation; it is a difficult task he has; the money has been set aside for the project; and he does not believe Mr. Quickel can get it done in two years, as he has yet to see anything move on that kind of schedule.  He stated Option 5 has the least interruption than the other options; and he would rather spend a little more and know he got the full benefit of the money spent, than to rent space elsewhere.

 

Commissioner Bolin inquired what is the Board’s requirement on housing the Public Defender’s Office; with Attorney Knox responding the Board needs to provide space for the Public Defender to operate his office in a reasonable manner.  Commissioner Bolin stated Mr. Russo has indicated to the Board that dividing his office is not going to be able to provide a reasonable work environment.  Mr. Russo stated that is correct with respect to the lease options; dividing the office is not the most efficient way to run the office; and he feels comfortable in saying the courts would find Options 1, 2, and 6 unreasonable.  Commissioner Bolin stated she still believes that Option 6 is the best option, and although it is an inconvenience it would be best to have Mr. Russo in a centralized location; and the County already has the leases on that property.

 

Commissioner Colon stated she believes in Mr. Quickel and Mr. Whitten.

 

Commissioner Voltz stated under Fiscal Impact, it says, “Cost projections are outlined under each option; $937,000 in funding is available from the insurance savings, reallocated to General Fund during development of the current fiscal year budget.”  She advised she is going to support Option 5 with Commissioner Nelson; and that is the best the Board can do under the circumstances right now. 

 

Chairman Scarborough stated Commissioner Nelson and Commissioner Voltz are indicating a willingness for Option 5; and Commissioner Bolin weighs in for Option 6.  He inquired if Commissioner Colon would like to comment before a motion is taken.

 

Commissioner Colon stated she would support Option 6 because legally it is going to be a win/win and the Board is doing the best that it can.

 

Chairman Scarborough stated he is going to support Option 5 because he appreciates the need to  run  a  smooth  judiciary;  things  do  not   run  according  to  schedule; and having the Public Defender’s Office close to the judiciary pays dividends to the people of the community.  He called for a motion for Option 5. 

 

Mr. Whitten inquired if Chairman Scarborough could make the motion read, with the necessary budget actions, use of continuing contracts, and all the necessary approvals for Facilities.  Chairman Scarborough stated he did not make a motion.

 

Commissioner Nelson stated the fiscal impact and potential funding availability is $937,000, but the current estimate is $700,000 for those improvements; and inquired if that has some contingency built into it; with Mr. Whitten responding affirmatively.  Commissioner Nelson stated $700,000 is a good number for Option 5.  Mr. Whitten stated he needs the necessary budget actions use of continuing contracts, et cetera. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Option 5 regarding facilities space options for the Public Defender, which includes renovation of the Sheriff’s Office West Precinct, with 3,900 square feet of the Sheriff’s Office in Building E being renovated for use by the Public Defender’s Office at an estimated cost of $380,000; renovation of other space on the first floor for BCSO staff displaced is estimated at $320,000, with total cost of renovations estimated at $700,000; time to complete renovations is estimated at eight months; and further approved the necessary budget actions, use of continuing contracts, and all necessary approvals for Facilities Department.  Motion carried and ordered; Commissioner Bolin and Commissioner Colon voted nay.

 

 

Commissioner Nelson stated he certainly supports the Space Initiative; but he also believes the County has done the major part of the lifting with its lobbyists; and it seems to be geared toward the private sector.  He stated he does not know what benefit the $2,500 gets the Board in that effort; and he will not be supporting the item.  Commissioner Bolin stated she agrees with Commissioner Nelson. 

 

The Board reached consensus to take no action recognizing the Aerospace Industry and the impact it has on the County’s economy by not supporting “Florida Space Day” with a Gold Level contribution of $2,500. 

 

REPORT, RE:  BAREFOOT BAY HOMEOWNERS ASSOCIATION (CONTINUED)

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize amendment to Policy BCC-39 to allow waiver of special fees for organizations engaged in not-for-profit activities for the Barefoot Bay Homeowners Association’s parade on December 2, 2007.  Motion carried and ordered unanimously.

 

 

 

Upon motion and vote, the meeting adjourned at 2:08 p.m.

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)