MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 24, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on April 24, 2008 at 9:10 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were: Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

 

Commissioner Nelson stated the Board recently did some layoffs; there will probably be more layoffs in some of the fee-driven areas; and some of those areas may be a higher priority that the Board might have wanted to fund from another source.  He stated if the Board starts getting into code compliance issues that are not typically fee-driven, he would like to see the Board have a process, so as it goes through the layoff process, it has an opportunity to have a discussion on if that is the highest priority for the Board at this particular time versus something else; and stated an example would be if a Code officer is equal to a parks program of some sort.  He advised those are the kinds of decisions that, on a broader scale, the Board is going to make; but he thinks those decisions are being made for the Board behind the scenes without input; his fear is that the Board will reach a point when it is irreversible; but staff did what they felt they had to do based on the revenues coming in, without the opportunity for the Board to say it may not be the highest priority.  He stated he would like to see some kind of process in which the Board has the opportunity to have the discussion before it pulls the trigger on those kinds of things; and currently there is nothing in place, so he would love to hear the Board’s thoughts.

 

Chairman Scarborough stated he thinks that is exactly what he heard the Board say last year; the Board wants to be very careful of the unintended consequences because it can set a policy at its level; it looks like it is going to accomplish objectives, but gets into multiple layers; and he agrees with Commissioner Nelson that the Board needs to know where those layoffs are occurring and understand the impact on the community, as opposed to just having a system run itself.

 

Commissioner Nelson stated it is not a criticism of staff; he thinks staff is doing what they feel they have to do within their revenue streams; but the question is would the Board redirect resources to those areas because it sees it as being more important; and the Board is not having that opportunity, nor does staff have access to that kind of understanding.

 

Commissioner Voltz stated she agrees; last year it was done totally different; the Board can look at potential layoffs from each department; and then it can decide what its priorities are and go from there.  She stated the Board needs to know what departments are potentially going to lay off who or what programs; but she agrees the Board needs to have some kind of input on that.   Commissioner   Nelson   stated   the   Board   is   coming  up   on   mid-year;  he  would  like   to suggest the Board hold off on any of those until it has a system in place; the Board may find it has to actually fund a few weeks of that as it creates a process; but that is preferable to just allowing the departments, and the County Manager, to do it when they have not had the benefit of the Board’s discussion. 

 

County Manager Peggy Busacca stated the specific issue is that the Board has been briefed that the Building Department continues to have insufficient funds to make it through this fiscal year; and if the Board wants staff to put it off and have a discussion, she wants it to be aware that if the decision is not made within the next week or so, there may be more than three or four additional layoffs.  She advised if the Board would like to schedule a discussion for the May 6, 2008 Commission meeting in order to discuss alternatives, she can do that; and she believes right now it is just the Building Department and Permitting and Enforcement.  Commissioner Nelson stated Permitting and Enforcement is not a money maker, but it is an important function and that is the dilemma the Board is facing. 

 

Chairman Scarborough stated the Board has heard that as homes go into foreclosure, Code Enforcement is escalating; that is going to further drive down the value of the surrounding properties as people begin to find junk properties; and the Board needs to become part of the solution rather than the layoffs being part of the problem.  Ms. Busacca stated she believes the proposal staff has discussed is going to increase one additional Code Enforcement Officer over the current number; but the discussion can be on the Agenda for May 6^th. 

 

Commissioner Nelson stated his understanding is that the responsibilities are going to be reassigned and fewer people are going to be asked to do the same level of work that was being done by three more people; and he does not know if it is a fair characterization that the Board improves something when it lays off three people.  Ms. Busacca stated there has already been a voluntary layoff in that department, so they are down one Code Enforcement Officer; and staff can reinstate that Code Enforcement Officer, thus bringing Code Enforcement back up to the amount of officers that it used to have before the voluntary layoff. 

 

Commissioner Bolin inquired how the Board will get the information; and inquired if Ms. Busacca is going to have a list of the potential layoffs and then give it to the Board to review.  Commissioner Nelson stated he thinks the Board has to do everything in the public; the behind-the-scenes briefing leaves the Board with no alternative because it cannot vote-count; and the Board needs a process in which it has the discussion in public.  Commissioner Bolin stated she is not talking about doing anything behind the scenes; and inquired if the Board will be discussing just one department or all the fee-based departments.  Ms. Busacca stated the issue the Board has today is Permitting and Enforcement; that decision needs to be made within the next several weeks; and the other issues will be brought to the Board as part of a budget when the Board can assess them and staff can have the Board input at that time as part of the broader budget discussion.  

Commissioner Colon stated on May 6^th the first item the Board will be seeing will have to do with those two particular departments and no layoffs will be done until the Board approves it; that is a policy that the Board has decided on as of right now; and staff was doing a good job in the direction the Board had approved in the past.  Commissioner Nelson stated he appreciates Commissioner Colon stating that; it is not a criticism of staff; the Board has never been faced with these circumstances; and it is just coming up to speed.

 

 

 

Commissioner Voltz stated yesterday she had a meeting with a number of people from Snug Harbor. 

 

Commissioner Colon advised the meeting will have to halt because of audio problems.

 

 

The Board recessed from 9:20 a.m. to 9:26 a.m.

 

 

Commissioner Voltz advised yesterday she had a meeting in her office with a number of people from Snug Harbor who wish to purchase the former water facility site in their area; they currently have motor homes and boats parked in the area, which they have been leasing from the County; and the residents would like to purchase the property.  She stated there has been a lot of angst in the community because some people want to buy the property and some do not; the Master Board had said it took a vote and it has the authority to say the community can purchase it; however, there are a lot of people who are against it.  She stated the majority of the people in Snug Harbor want to buy it if they are going to have to pay for it; she put together a letter, and everyone at the meeting signed it, which included people for it and against it; she would like to take a moment to read the letter; and if the Board has any suggestions for the residents of Snug Harbor it can let her know.  She read the letter aloud, “The Snug Harbor Master Association Board has submitted an unsolicited option to purchase the decommissioned water and sewerage plant adjacent to their community.  This offer references results of the survey conducted by a committee appointed by the Board.  A number of residents have disputed validity of the survey results.  Much controversy has been involved in association with this potential sale and arguments have been presented by both sides to the District 3 County Commission Office.  An independent survey to be conducted by the Barefoot Bay Water and Sewer District has been requested by Commissioner Voltz, and a meeting is requested to be held on April 23, 2008 to obtain an agreement on how the survey will be conducted and how the results will be interpreted.”  She stated the results are the issue; a survey was done and a lot of people who did not support it decided they were not going to turn in ballots; the homeowner’s board felt that if ballots were not turned in their votes did not count for anything; and those who did not turn in ballots felt their votes were being counted as a no.  She stated a survey will be sent to all unit owners in Snug Harbor Lakes and Snug Harbor Village based on the Barefoot Bay database, including a description of the potential purchase and how the results will be judged; if a two-thirds majority of those returning the survey favor the purchase, the results will be considered a positive indication of community support; but less than two-thirds will be considered a lack of sufficient support to pursue the purchase; and non-responses will not be considered in judging the results.  She stated each survey must be signed by the unit owner and returned to the Barefoot Bay Water and Sewerage District address provided on the survey; the survey results will be tallied and agreed upon by an independent agency, which is going to be Utility Services Director Dick Martens; and the undersigned individuals agree to abide by the results of those ground rules. She stated in addition, the other goal is to identify any additional unresolved subsequent issues concerning the potential sale.  She stated what the owners signed reads, “The signatures below indicate that we agree to the mailing of a survey by Commissioner Helen Voltz and the process outlined at the April 23, 2008 meeting.”  She stated she would like to find out from the other Commissioners if there are any other criteria they would like to see so they will have a comfort level whenever the issue comes back to the Board for the sale of the parcel; and Mr. Martens is going to send out a letter advising the survey is on its way and indicate what is in the survey, and then he will send out the survey. 

 

Chairman Scarborough stated if he lived in Barefoot Bay he would like to know how much it is going to cost and what the benefits are, and what are the detriments; and inquired what information is going to be provided to the residents, and are both sides going to have an opportunity to draft the informational sheet.  Commissioner Voltz responded all the information is going to be in the pre-flyer letter, including how much it is going to cost, and how it is going to be paid for; it is going to be paid for by the rent of the motor homes, because currently they are collecting enough money to pay for the property; and somebody within the park is actually going to fund it.  Chairman Scarborough stated his only concern would be if someone would allege that they were provided incorrect or inaccurate information and therefore the vote would be erroneous.  Commissioner Voltz stated the Board wants the cost included in the informational flyer.  Chairman Scarborough stated it is important that the two sides agree, because he knows Commissioner Voltz does not want to have to do it again.  Commissioner Voltz stated it has already been done twice in Snug Harbor; the people who do not support it are saying the survey was done wrong because they did it; and she feels like if the Board does the survey, everyone agrees to live by that survey.  She stated Mr. Martens is going to begin the process of sending out the letters with the May 15, 2008 water bill. 

 

County Attorney Scott Knox stated there is no problem with the County transferring the property to the homeowners association; there is some internal squabbling among the different homeowners associations that has to ultimately be resolved; but as far as the County going through the process, it is not a problem.

 

Utility Services Director Dick Martens stated one of the disputes between the parties is what the impacts are going to be; he would caution the County against getting involved in trying to describe as an outside observer, their internal financial relations, or impacts that they may incur as a result of their financing; and the County really does not know how Snug Harbor plans on purchasing the property.  He stated he would suggest the Board leave the survey to state that a proposal has been made to acquire the property at a certain price and before the Board considers it, it would like to have a response from the community as to whether it has the community’s support.  He stated as he has listened to the process, the impacts on the individual homeowners’ speculations of future conditions and financial aspects seem to be the root of their disagreement; and he does not know that staff knows enough right now to specify what those conditions are.  He advised his concern in drafting the letter is using the County’s words to describe Snug Harbor’s conditions.

 

Commissioner Colon stated it would behoove the constituents to know what they are getting themselves into; inquired why would she agree to have a purchase of that kind of magnitude when she does not know the impact of what it is going to cost her; and advised that is where the problem lies, and it is not an easy task for the Board.  Commissioner Voltz stated what the residents have decided is that the majority of the money to pay back the loan to the person within their own park is going to come from the rentals; each home may be assessed at approximately 75 cents per month; and R.V. parking is a good selling point in Snug Harbor.  She stated the majority of people in Snug Harbor know that is where the money is going to come from and they are going to be charged between 50 cents and 75 cents per month on their association fees; that is the decision  of  the Snug Harbor  Board  of  Directors as  to  how that is  all going  to play out;   and  she agrees with Attorney Knox that the Board may not want to get involved with that aspect.  Commissioner Voltz stated she just wants to know if the people in Snug Harbor and Snug Harbor Lakes support the purchase by a majority; and she has the criteria so that the residents will know how it is going to be.  She stated it is going to come before the Board and she does not think the Board will want to hear it more than once, because it is not going to be a pretty picture if it does.  Commissioner Colon stated that is her biggest concern; and the people of Snug Harbor are opening a can of worms.  She stated as the Commissioner of that District, she knows Commissioner Voltz has an obligation to bring that information to the residents.  Commissioner Voltz advised the residents know what the cost is of the property. 

 

Chairman Scarborough stated he understood Mr. Martens to say once the Board gets into the process, it never gets itself out; but Mr. Martens will do the survey and it will be dependent upon the residents to get out their own information. 

 

Commissioner Bolin stated the County’s survey will just state the facts; and anything to do as far as pros and cons is the responsibility of the Homeowners Association to go out and do their own campaign.  Commissioner Colon inquired if it is noted in the letter that the Board is not endorsing anything; with Commissioner Voltz responding affirmatively, advising she does not think that is an issue at all. 

 

Commissioner Voltz stated the Board does not need to take a vote, and a consensus is fine.

 

Commissioner Nelson inquired if the Board has taken action to surplus the property; with Commissioner Voltz responding an offer is now being made.  Attorney Knox advised the way it works is they come to the County with an offer, then staff comes to the Board with a Resolution telling it what the terms are; and at that point the Board can say aye or nay to the Resolution.

 

Commissioner Voltz stated she has advised the residents the County has not decided to sell the property; and the residents’ concerns are that somebody else is going to make a huge offer to purchase the property and they want to jump on it before somebody else does. 

 

 

 

Chairman Scarborough suggested the Board hear public comments at the end of the meeting in order for the public to hear the presenters; and stated that will give the speakers the benefit of knowing what to comment on. 

 

 

 

Commissioner Colon inquired if the Chiefs of Police would introduce themselves; stated the Chiefs will be Item G. and at that point there will be a new panel; but she would like them to introduce themselves and the cities they represent.  She advised later in the meeting, under Item G. the Chiefs will join the Board on the panel.

 

The Chiefs introduced themselves as Chief Jack King, Melbourne Village Police Department; Chief  Bobby Sullivan,  Indian  Harbor Beach  Police Department; Chief Don Carrey, Melbourne Police Department; Chief  Phil Berger,  Palm Bay Police Department;  Mark Klayman,  Cocoa  Police  Department; and John Lau, Titusville Police Department, who advised Chief Bolinger is at a conflicting meeting.

 

Commissioner Colon introduced Sheriff Jack Parker; stated he is loved and respected by the community; the feedback she gets from the Chiefs of Police indicates they appreciate working with a man that truly listens; and it is wonderful to get that kind of feedback from the Chiefs. 

 

Sheriff Jack Parker expressed appreciation to Commissioner Colon for allowing him to co-host the Workshop; stated he appreciates the nice things Commissioner Colon said; but the truth is that the County is blessed with the law enforcement officers it has working in the County, not only in the Sheriff’s Office, but in the City Police Departments, and State Police agencies as well.  He stated he has never met a finer group of people than the Police Chiefs in Brevard County and every one of them is the best of the best.  He stated he would like to introduce Lieutenant Tod Goodyear and Investigative Analyst Laura Klein, who are going to talk about the Sexual Predator and Sexual Offender Initiatives, which has been an important issue lately; and the Board of County Commissioners was extremely supportive of the Sheriff’s Office a year and a half ago when it funded the Sexual Offender Response and Tracking Unit.  He advised Brevard County is leading the State of Florida in many initiatives thanks to the help and assistance of the Board of County Commissioners.

 

 

 

Lieutenant Tod Goodyear expressed appreciation to the Board for inviting him to the Workshop to speak about important issues and initiatives.  He stated he would also like to thank the Board for having the vision in 2005 to partner with Sheriff Parker in funding the Sexual Offender and Predator Unit; and through that partnership, Brevard County has been a safer place for children.  He stated he would like to talk about the Sexual Offender Registration and Tracking Unit; the State has mandated that all registration of sexual offenders and predators go through the Sheriff’s Office; and Laura Klein is one of the analysts.  He stated the State mandated in the past year that most offenders and predators register four times a year, whereas prior to that it was biannually; and the Sheriff’s Office’s re-registrations have gone up quite a bit.  He stated another thing the Sheriff’s Office does is address verification; and when a new offender registers, it is verified that the address he registered with the Sheriff’s Office is correct, that he is physically residing there, and that the offender is complying with all State Statutes and the County Ordinance.  He stated if an offender changes his or her address, the Sheriff’s Office will verify that address; twice a year the Sheriff’s Office goes out and checks every sex offender in the unincorporated part of the County; the Sheriff’s Office has cooperated with its road patrol to assist in that endeavor because it incorporates about 350 offenders; and the Sheriff’s Office also checks every predator quarterly, as well as a monthly probation check.  Lieutenant Goodyear stated the next thing the Sheriff’s Office does is locate absconded offenders; those are offenders that have absconded from registration or probation and the Sheriff’s Office does not know where they are or where they are living; and they may be out of state or in another city.  He stated the Sheriff’s Office uses the U.S. Marshall Service or local jurisdictions to find absconders; the Sheriff’s Office also works the non-compliant offenders who either do not register, re-register, or do not change their address on their driver’s licenses within 48 hours of a move;  and  they are searched out and  made to be in compliance with State Statute, or they are arrested and brought before the State Attorney’s Office for prosecution on that non-compliance issue.   He stated the  last part  of the unit is  the  proactive investigation  of internet exploitation; and there are two agents that do investigations and one forensic specialist that is involved actively in the proactive investigation of sexual exploitation via the internet. 

 

Lieutenant Goodyear showed the Board a slide; and stated it is a look at the active offenders and predators in the last two years.  He stated the numbers have gone down a percentage from 709 to 694; and for the past three years, the Sheriff’s Office has stayed around the 700 mark; it varies daily as some people move out and some people move in; some people are in jail for a few days and then they come back; and that all impacts how many offenders and predators there are in Brevard County.  He stated five years ago there were approximately 650 and there was possibly an increase because of releases.  He advised the new registrations have gone down slightly; the re-registrations climbed; that was after the initiative of Adam Walsh and the four- times per-year registration; and registrations will go up again this year because it was only part of the year that it was done four times.  He stated there are other registrations for people who travel in and out of the County who are sex offenders or predators, or they have come in temporarily and are staying with family; but they register when they come into the County and when they leave the County; and the total number of registrations went down slightly because of the drop in other registrations and new registrations.  He noted all predators are verified quarterly; all offenders are verified biannually; and also they check address changes and new registrations.  He stated one thing the Sheriff’s Office did during Halloween was get together with municipalities and had what was called Operation Safeguard; on Halloween, law enforcement officers made sure the offenders and predators were in their houses, were not coming to the door for children, and did not have their lights on; and approximately 100 offenders were verified on Halloween night, and one arrest was made for a probation violation. 

 

Chairman Scarborough inquired of the difference between a predator and an offender; with Lieutenant Goodyear responding one can become a predator if he or she commits certain sex crimes; it usually has to do with forced violence, or a child under the age of 12 years; and conviction of that makes one a predator on the first offense; but if someone has another sex crime that does not include those factors of violence or age, he or she would probably be classified as an offender upon sentencing.  Lieutenant Goodyear stated if someone offends again on a sex crime, that is the two-strike rule, and he or she would then become a predator; and most qualify as offenders, which is why there are a large number of offenders and not as many predators.  Chairman Scarborough stated it seems to be a matter of degree, with a predator being more dangerous.  Lieutenant Goodyear stated yes, that is the way it is set up because of either the age of the victim or if they were involved in violence.  He stated the Sheriff’s Office is proud of the absconders initiative that Sheriff Parker brought before the Board in 2005; in 2005 FDLE had the Sheriff’s Office identify 53 absconders, which means there were 53 offenders and predators in Brevard County that the Sheriff’s Office did not know the location of; and FDLE did not have a correct address on them.  He stated as of yesterday there are 16 absconders; when the program started the number went from 53 to 26; a lot of it was done with help from FDLE; and a lot of it was help from the municipal agencies, Probation and Parole.  He advised the number of 16 has stayed close for the last year or so; they are not all the same people; there are people who abscond every day; and they are tracked down and brought back into compliance.  He stated there may be seven or eight people who have been absconded for many years; they are hiding; right now, the Sheriff’s Office is in contact with America’s Most Wanted  to put one that  it feels is the  number one,  and to  put  it  out  nationwide  because it is believed he is not in the State of Florida; but the Sheriff’s Office, along with the municipalities, Probation and Parole,  actively  search out people  who have absconded either from probation or registration and try to get them in compliance or get them prosecuted for absconding.  Lieutenant Goodyear stated the Sheriff wanted to make sure citizens of Brevard County were notified there are offenders or predators in their neighborhoods; Offender Watch, which is out of Louisiana, came to the Sheriff’s Office with a nice proposal that it felt would work; and now there is a searchable database on the Sheriff’s website in which citizens of Brevard County can go online and search by name or geographic area to know if there is an offender in their neighborhood.  He advised citizens can also get email alerts by signing up on the Sheriff’s Office website through Offender Watch for an email alert; they can register as many addresses as they want, such as home, work, a child’s school, daycare, friends house, grandma’s house, or whatever they want; and if an offender registers with the Sheriff’s Office and moves into any of the areas that the citizens have designated as their safe zone they will get an email to alert them that an offender or predator has moved into that area they have designated.  He stated Offender Watch also does mail notifications for the Sheriff’s Office; the Sheriff’s Office registers a predator/offender; the Sheriff’s Office or city jurisdiction verifies he is actually at that address; and the Sheriff’s Office then contacts Offender Watch and they send out a postcard to area citizens with a picture and the information within a certain radius of where the predator/offender is living. 

 

Commissioner Voltz inquired how often Offender Watch sends out the postcards; stated her office received several postcards years ago but has never received any more; with Lieutenant Goodyear responding when the unit started in late 2005 the Sheriff’s Office would notify every single offender in Brevard County, all 700 of them.  Lieutenant Goodyear stated the Board will notice on the chart the Sheriff’s Office mailed out 70,000 notifications in 2006; when the offender re-registered a new notification was sent out; there were only 28,000 mailed out this year because of address changes and new registrants; and that may be why Commissioner Voltz received so many notifications that first year.  He stated the number of citizens who have signed up for email has almost doubled; the email alerts have also almost doubled; and email is much quicker for the citizens to receive rather than the notification through Offender Watch, which uses the U.S. Postal Service.

 

Commissioner Colon inquired if there is a partnership with the School Board to make sure parents and schools are getting the information in order for them to register on the website; with Lieutenant Goodyear responding the Sheriff’s Office has done programs in the schools that have asked it to come in and talk about it; he does not know if there has been an exact initiative; the schools get the postcard notifications; and the Sheriff’s Office also faxes or emails the schools on a predator in particular that moves within the neighborhood of a school.  Commissioner Colon stated the School Board has direct access to parents in Brevard County; and a partnership with the School Board to send parents information on a regular basis would be a good partnership. 

 

Lieutenant Goodyear stated the last thing he would like to talk about is Internet exploitation.  He advised Sherriff Parker is very family oriented; this part of the unit focuses on the online sexual exploitation of children via the Internet; there are two agents who are former sex crimes agents and have now been trained in child pornography distribution and online solicitation cases; and also included is a forensics specialist to do all of the electronic media data gathering from computers and cell phones.  He stated it is a worldwide partnership; the Sheriff’s Office is part of the International Internet Crimes Against Children Taskforce, which is a group of law enforcement  officers around  the  world who work nothing but online solicitation cases and child pornography cases; the Sheriff’s Office is also a member of Immigration and Customs Enforcement (ICE), and the Brevard/Volusia Child Exploitation Task Force; the Sheriff’s Office has partnered with ICE on several cases along with the FBI Innocent Images Task Force, the Attorney General’s Office, and FDLE; and it is not something that is homegrown, as the Internet is worldwide, and the crimes occur worldwide.  Lieutenant Goodyear stated both of the Sheriff’s Office’s agents are federally certified; they hold credentials in the federal system; they present cases in federal court; Agent Ogden was the only local Law Enforcement Officer in the middle district of Florida to be invited to the National Project Safe Childhood Symposium in St. Louis for his work; and the Sheriff’s Office is very proud of that as it is getting sentences of five to 20 years on most federal court cases.  He advised there was a 73 percent increase in 2007 in arrests, basically because the Sheriff’s Office was working with Agent Spadafora, along with Agent Ogden; there was an 83 percent increase in search warrants; and cases were forwarded to Alabama, Georgia, Colorado, Virginia, and Ohio for prosecution. 

 

Commissioner Voltz inquired if the 73 percent increase in arrests is because the crime rate has gone up and the Sheriff’s Office has worked harder to arrest more people; with Lieutenant Goodyear responding up until a few years ago, it was a part of crime that was hardly worked at all.  Lieutenant Goodyear advised most police officers were not technical; there is a younger corps coming in that has grown up with computers; without support and funding from the Board, the Sheriff’s Office would not have been able to start the programs because of equipment costs; and ICE and FDLE helped to pay for Internet connections, computers, and software.  He stated the Sheriff’s Office probably will not set up a sting such as Dateline’s To Catch a Predator; he would like to do quality cases instead of quantity cases to shock people with numbers; and he knows Sheriff Parker wants quality cases, particularly targeting people in Brevard County that may be exploiting children.  He stated there was an offender on federal probation who was actually videotaping himself molesting little girls that he was caring for in his home; he was a prior sex offender on federal probation at the time; and he is pleading guilty soon to a fairly substantial sentence.  He noted a search warrant was also served on a man who was committing a lewd act online at the time the Sherrif’s Office served the search warrant; and he was caught in the act online chatting with a detective in Colorado. 

 

Lieutenant Goodyear stated he would like to talk about computer forensics; the Sheriff’s Office is very proud of Agent Francis Dufresne; Secret Service has helped train him; Agent Dufresne has been to Glencoe; and Customs has been good to get him to some federal schools in order to get the type of forensic analysis required.  He stated last year, there were approximately 40 cases in-house; they were not all for sex offenders or sexual exploitation; there were homicide cases, a money laundering case; and there were 12 cases for local law enforcement that ran into child pornography.  He noted the Sheriff’s Office also did eight cases for the federal government, most of which dealt with Macintosh Computers; and Agent Dufresne is one of the few forensic examiners certified to do forensics on a Macintosh computer.  He stated most of the cases Agent Dufresne does forensics on are child exploitation, but they go all the way to bomb calls, border searches, fraud, and I.D. theft; and Mr. Dufresne is a former investigator in general crimes, so he has an idea of what an investigator would look for.  He stated the Sheriff’s Office computer forensics does mostly computers, but it also does laptops, Macintosh, cell phones, cameras, and smart cards; and Agent Dufresne also leaves on Friday to attend another two-week  school.    He  stated the Sheriff’s Office  is going  to  continue  to  provide registration of offenders and predators as mandated by Statute; addresses will continue to be verified, as well as notification to the community; persons are going to continue to be pursued that have absconded; and the Sheriff’s Office is proactively going to investigate predators that use the internet to exploit children.  Lieutenant Goodyear noted the Sheriff’s Office will continue to provide education and awareness to the civic groups and the schools in Brevard County, as it has for the last two years; that is what the Board funded for the Sheriff’s Office; and he appreciates all the support from the Board, the municipal law enforcement, and State agencies in this endeavor.

 

Commissioner Bolin inquired how citizens can give the Sheriff’s Office their email address; with Lieutenant Goodyear responding citizens can go to www.brevardsheriff.com; on that site is a link for sexual offenders or predators, or Offender Watch; clicking on that link will take citizens to the Offender Watch; and at the bottom of the page they can click to sign up for email alerts.

 

Sheriff Jack Parker stated he would like to congratulate Lieutenant Goodyear for being the Lucy Ross Award Winner for 2008 because of his compassion for children.  He stated in answer to Chairman Scarborough’s question of whether a predator is more dangerous, yes they are; but a lot of the most heinous acts are done by offenders; and it is important to not have a false sense of security over an offender versus a predator.  He stated likewise, for every one offender or predator his office knows of, there are another four or five it does not know of; it is good that there is a database on the ones that are being recognized; but there are people who are not recognized; and he would ask that parents be vigilant.  He stated one story he hears three or five times a year is generally from a caring mom who met somebody and was in a relationship; the relationship did not work out very well, and there was molestation as a result; and it is always the same story.  He stated the woman knew the man was an offender, but he told her it was for a very minor offense; and the woman took the man at his word.  He stated he encourages people who are in a relationship with a person who is a designated offender to look into the case, pull the case report and see what the person was alleged to have done and for what they were convicted.  He advised offenders can be very dangerous; many of the high profile homicides in the State, of children, have been done by sexual offenders, not predators; but they are all dangerous.

 

 

 

Catherine Marlowe stated she is the Section Chief for the Orlando and Tampa Offices of the Attorney General’s Child Predator Cyber Crime Unit; the Unit started in 2005 under then Attorney General Charlie Crist; and when Bill McCollum came into office he made it a top priority to try to expand the Unit so the whole State could be covered.  She stated the Unit is trying to work with all local law enforcement agencies, but it dedicates all of its resources to this type of crime; and the Unit only handles cases that involve child exploitation.  She stated there are federal statistics that show more than 77 million children regularly use the Internet; Florida ranks fourth in the nation in the volume of child pornography that is being traded on the Internet; and the State has a high volume of people looking at, and then trading with one another, child pornography.  She stated nationally, one in seven children between the ages of 10 and 17 has been sexually  solicited online.   She noted  her Unit  also does cyber safety presentations in the schools in the State; it is trying to reach all middle and high schools in the State of Florida; and as she has gone to schools and talked to kids, it seems the numbers are higher anecdotally in Florida, and the number is actually closer to one in five.  Ms. Marlowe stated the Unit’s mission is to protect children from computer facilitated sexual victimization by working cooperatively on a Statewide basis with Law Enforcement and prosecution agencies to share resources and expertise while serving the needs of child victims of cyber crime and preventing the spread of crimes through education and community awareness.  She stated the Unit has victim advocates; at this time she is one of three prosecutors; and there are a lot of investigators who go online.  She stated primarily the Unit is looking for two kinds of cases; the Unit has offices in Jacksonville, Orlando, Tampa, and Ft. Lauderdale; the Tampa office is scarce with only a couple of victim advocates doing the cyber safety presentations; there is only one Lieutenant in Tampa; and she goes from coast to coast to cover the whole area.  She stated the Tampa Unit does investigation, education, victim advocacy, and prosecution; and the Unit works with local, State, and federal agencies.  She stated the Orlando Unit is affiliated with the Central Florida ICAC and the FBI Innocent Images Task Force; but it will work with any agency it can help with.  She noted the Unit works Internet crimes against children; it either seeks out offenders in an undercover capacity or by actually trying to intercept the images that are being traded of child pornography online; and the Unit tries to get to the source and follows up on investigations. 

 

Ms. Marlowe advised the Computer Pornography Child Exploitation Prevention Act is the Florida Statute that covers some of the primary things the Unit does; solicitation of a minor via a computer is when someone is literally online speaking to either a minor or an undercover officer, and they will solicit them for a sex act.  She stated the Unit’s investigators are on a computer during the normal working hours of 8:00 a.m. to 5:00 p.m.; during those hours, the investigators are undercover online chatting, and someone who believes they are a 14-year old girl, is asking them to meet to perform a sex act, or they are on a web camera performing a sex act on themselves for the investigators; and the offenders have no shame and will do it at any given time.  She noted in October 2007 there was a new provision added to the law for grooming enhancements; grooming is the process by which the bad guys will try to befriend the child; they will learn what the child does or does not like; they will also lie about their age; and that allows the Unit to increase the penalties.  She stated also added last year was a new crime for traveling to meet a minor for an unlawful sex act; before October 2007, the only crime was solicitation asking a child over the computer for the sex act; and now there is a completely separate crime for the times that the offenders travel to meet what they believe to be a child.  She noted the solicitation has a maximum sentence of five years in prison; and the traveling to meet a minor has a penalty of up to 15 years in prison.  She stated another type of case the Unit does is the possession or promotion of certain images of child pornography; last year the Unit added enhancements to reclassify the violation to the next degree; and a five-year maximum penalty now will go higher if the offender possesses ten or more images and the content of at least one of the images has criteria such as a child under the age of five, sadomasochistic abuse of a child, sexual battery involving a child, sexual bestiality involving a child, or if there is any movie.  She advised if any of those criteria are met, then it bumps up the penalties; it was done in an effort to find those people who are what the Unit calls child pornography collectors, who collect hundreds of thousands of images; and they will keep them on computers or hard drives, or on any media they can because the collection is important to them and they will often take it with them.  She stated she would like to tell the Board about Douglas Randall Philips; he went by the name Randy online;  he  was the first  arrest for  the  Orlando  Child Predator Cyber Crime Unit; he was arrested in October; and he had traveled from DeLand to Sanford to meet what he believed to be a 14-year old child.  Ms. Marlowe noted Mr. Phillips was prosecuted under the new Statute for traveling, as well as solicitation; Mr. Phillips was using a borrowed computer, he was unemployed, and he was in his late 40’s; and he told what he thought was a 14-year old girl that he would meet her and bring her back to his house to live with him and make her his princess.  She stated Mr. Phillips planned to do various sexual acts and described them in detail; there was a lot of evidence against Mr. Phillips because the Unit had his computer; he ultimately pled guilty and received 15 years in the Department of Corrections, which will be followed by 15 years of sex offender probation if he gets out of prison alive; and he will have to register as a sex offender for the rest of his life.  She stated this year, the Unit is trying to get the Legislature to provide civil remedies for presumed damages for victims of child pornography when an individual is in possession of their picture; it already exists in the federal system; and she would like to see it brought to Florida.  She stated the children in the images of child pornography are victims for their entire lives because once the picture is out there, it is being traded around and it never goes away; and the victims have to live their lives knowing that wherever they go somebody could have that picture.  She stated when somebody has a picture in their possession, the victim should be able to sue that person civilly, to cover damages; and the Unit is going to set up a statewide database notifying victims when an individual is in possession of their image with a case pending, and the disposition of the case.  She advised that will give two things to the victims: it will give them the opportunity to pursue civil remedies and will also let the victims know about the cases; and they will have the opportunity to provide a blanket victim statement.  She stated victims have the right to give input into any sentence; and right now, if the victims are not able to be notified on each and every case, the judge may not know how the victim feels about the sentencing. 

 

Commissioner Voltz stated she had a situation in her District in which neighbors were fighting against neighbors; one of them continuously took pictures of their neighbors and their kids; she was told that anybody can take pictures any time they want; and inquired if that is true.  Ms. Marlowe responded it depends on if the kids are in public or if they are in their house.  Commissioner Voltz advised the kids were in their yards.  Ms. Marlowe stated that would be considered public; and the child victims in images are usually naked.  Commissioner Voltz inquired what would it be considered if children were in their backyard in a swimming pool and took their clothes off, and a neighbor was taking pictures; and stated she was concerned when she was told neighbors can take pictures if they want.  Ms. Marlowe stated anything that a person sees, they can take a picture of it; and one could sit in the backyard and watch kids. Commissioner Voltz stated that is frightening.  Lieutenant Goodyear stated taking the pictures is not the problem, it is what is done with the pictures.  Commissioner Voltz stated no one knows what anybody is going to do with pictures.  Lieutenant Goodyear stated it is hard for law enforcement to legislate what is done with pictures. 

 

Ms. Marlowe stated there are resources available such as the National Center for Missing and Exploited Children, which helps in child pornography cases because it keeps a database of all the known images in which law enforcement knows the child.  She stated www.myfloridalegal.com is the Attorney General’s website; there is also www.safeflorida.net, which is a tool to help parents and kids safely use the Internet; and www.netsmarts.com is the same thing.  She stated parents and law enforcement need to be proactive and creative because there are so many offenders out there, it is like shooting fish in a barrel.

 

Commissioner Colon inquired what kind of partnership the Child Predator Cyber Crime Unit has with the School Boards and the Department of Education; stated it is important to teach children what to look for; and she needs to know what kind of programs the Unit is doing to make sure the information is going out to young kids.  Ms. Marlowe responded the Unit started the Cyber Safety Challenge; the Attorney General’s Office partnered with all of the school Superintendents to challenge the principals to sign up for the Attorney General’s Office Cyber Safety Presentations; and there are victim advocates and Attorney General’s Office volunteers who go into every middle and high school.  She stated the hope is that parents are watching elementary kids closely and she believes fewer elementary school children are online without supervision; and the focus is on middle school and high school-aged children.  She stated www.safeflorida.net is all about cyber safety; if the principals of the schools go to that website they can register their school for a program; and the victim advocates go to the schools to give presentations to 50 and 100 kids at up to eight presentations in one day.  She stated the presentation is a three-minute PowerPoint presentation; it is very professionally done; it gives the children videos to help them understand that information they put on the Internet can go anywhere, and how easy it is to track the children down if they just give the name of the City they live in, their first name, and the school they go to; and the presentation explains that even though the person the child is talking to on the Internet says he is a 14 year old boy, he may be a 44 year old man.  Commissioner Colon inquired why the presentation is voluntary; stated the Attorney General was in Brevard County a few months ago giving a presentation, and she was very excited; but now she is hearing it is up to the principal to voluntarily hold the presentations. She inquired what kind of progress is going on to make it to where it is mandatory and not voluntary.  Ms. Marlowe responded the Child Predator Cyber Crime Unit Office does not have the authority to force principals to hold the presentations; the Unit took the initiative to call every middle school and high school in the State of Florida to make sure they knew the presentation was available; and the Unit told the schools it was sending the information on how to sign up.  She stated it is working, but it is not 100 percent; but by the end of the school year, the Unit will have reached over 100,000 middle and high school children in Florida; and the goal is to reach every child in Florida.  She stated another problem is that during the school year other things get more focus; when all the kids were taking the FCAT, that was taking the most focus; but when that was over, the Unit received tons of requests; and although the Unit will not be able to reach every child in Florida this year, it is coming back next year.

 

Commissioner Bolin inquired if the Unit is monitoring someone in Orlando and it sees they are going to make contact and try to meet the child, but the child is in Brevard County, does the Child Predator Cyber Crime Unit make the arrest, or does it work in tandem with Brevard County’s Law Enforcement.  Ms. Marlowe replied the Unit would never come into another jurisdiction without calling the Sheriff’s Office; and in the Orlando Office there are only three investigators and a Lieutenant; but they will travel to Brevard County after first contacting the Sheriff’s Office.  Commissioner Bolin inquired if the Sheriff’s Office would go out to make the arrest; with Lieutenant Goodyear responding the arrest can actually be made in either jurisdiction.  Commissioner Bolin stated in that case, the crime number statistic may not show in Brevard County. Lieutenant Goodyear stated it may not, but it is another offender/predator off the street.  Commissioner Bolin stated she agrees; the end result is what she wants; but she was  just  wondering  about the statistics.  Lieutenant Goodyear advised the  Statutes are set up well both federally and by the State; it does not matter where that person is as far as the charges; and that is why a lot of cases are sent to Colorado, because the suspect may be in Colorado, and the law enforcement in Colorado can charge the person there. 

 

Commissioner Colon stated the presentation explains that children often feel guilt after being offended; they were not supposed to have met anybody; they are afraid their parents are going to find out; the offenders prey on that and also threaten children with killing their parents; and part of the presentation makes children aware of the fact that the offender is going to say all of those things.  Ms. Marlowe stated the video emphasizes how dangerous the offenders/predators are and that children do not know who they are or how dangerous they can be.  Commissioner Colon inquired what the presentation does to teach children how to report it when they have been violated by an offender/predator; with Ms. Marlowe responding the children are advised of online resources, how they can report it to the Child Predator Cyber Crime Unit Office, and how they can report it to the National Center for Missing and Exploited Children; and the Unit asks the children to add it as a friend on their MySpace page so that a badge will show up on the page.  She stated the Unit tries not to scare the children too much; it is not trying to teach the children that the Internet is evil; but the Unit tries to give the children the outlet to report either to the person giving the presentation, how to do it online, or how to call; and the children are given as much information as possible.

 

Sheriff Parker stated he saw one of the presentations with Attorney General McCollum; it is a very good presentation; the kids can be seen in the audience taking the presentation very seriously; the kids are getting the message that it can happen to anybody; and if kids could come forward, some bad people could be taken off the streets.  Ms. Marlowe advised presentations are also given to parent organizations; the Unit explains things like putting the computer in the living room instead of the child’s bedroom; and monitoring their children.  Commissioner Colon inquired if it is possible for the Child Predator Cyber Crime Unit Office to give a presentation to the Board of County Commissioners in order for the Board to be able to air it on SCGTV; with Ms. Marlowe responding the Unit cannot give the Board the presentation it gives to the kids because that is geared to be interactive.  Ms. Marlowe stated the Unit also cannot give the Board the parent presentation because it gives parents ideas on how to track their children.  Commissioner Colon inquired if the Unit could tailor a presentation to give to the Board at a regular Commission meeting; with Ms. Marlowe responding affirmatively.

 

 

 

Wayne Ivey, Special Agent Supervisor, Florida Department of Law Enforcement, stated it is his privilege to talk to the Board about two great programs the FDLE has in Brevard County that are the direct result with all of the agencies before the Board today.  He stated GAMEOVER is an acronym meaning Gang And Major Epidemic Of Violent Enforcement Response; the acronym GAMEOVER is a direct point of what the program is about; there has been a lot of gang activity and a lot of violent crime that has been operating throughout the State of Florida; and FDLE’s focus in the operation is to stop the gang members and violent crimes perpetrators.  He stated the  current  violent  crime  issues  seen  in  Brevard  County  are  the  increase in  gang  related incidents and violence; there have been increases in violent criminal activity, homicides, home invasions, and armed robberies; and that is the primary focus of GAMEOVER.  Agent Ivey stated when FDLE speaks of migrated traditional gang activity in Brevard County, there are some groups that meet that characterization; and those groups include Folk Nation Crips, Gangster Disciples, the Bloods, and Imperial Gangsters.  He stated FDLE has seen some positioning of all of those groups in Brevard County; for the last two years, the Sheriff’s Office has had a full-time component committed to going out and tracking criminal or gang activity, in addition to working to get rid of the graffiti spray painted on the overpasses or walls; and a lot of intelligence has been gathered on the gangs, as well as the non-traditional gangs that are unique to Brevard County, including The 800 Bound and The Cold Side Posse.  He advised the areas where the gangs filter into Brevard County include Palm Beach, Orlando, Miami, and some other states throughout the country; and FDLE has been able to see how the gangs are interacting with each other, and how they are lending to the violent crime increase facing Brevard County.  He advised GAMEOVER has two aspects to it; one is the gang-related activity and the violence that is a result; the other aspect is non-gang related violent crime; FDLE wanted to create a team that would focus on both aspects; and the GAMEOVER program focuses on anyone in the County that has the potential to commit a violent crime.  He stated the team goal and objective when FDLE first started GAMEOVER was to develop an innovative response to the increasing epidemic of violence in partnership with all of the agencies in Brevard County; and the program targets the perpetrators of gang related violence and the other forms of violent activity.  He advised the FDLE knew when it started the GAMEOVER program that it had the opportunity to pilot a program with the intent that the program is going to span throughout the State of Florida; the FDLE’s hope was that the pilot program would develop into a program which FDLE is now looking, in concert, with the Attorney General’s Office to expand to a statewide level; and the overall goal is to be able to focus on the individuals that are committing violent crimes.  He stated FDLE is taking a proactive approach versus a reactive approach; FDLE wants to monitor the people it knows are committing violent crimes; and the consensus behind that is there is a very small population, or percentage of population, that commits crimes throughout the County, and those same individuals are being focused on. 

 

Agent Ivey stated with the task force approach, the intelligence collection, and dissemination, FDLE has several components that are involved; there is the gang component that he spoke of earlier; there is also the Brevard Resource Analytical Group that works with the team on developing intelligence on who’s committing the felonies and violent crimes; and one thing FDLE asks the agencies participating in the team to do is create a list of the top 10 people that they believe are committing violent crimes in their specific area of the County.  He advised from that list, FDLE’s intent is to monitor those individuals, focus efforts on them, and in the event they commit a crime, FDLE is going to know about it and be able to prevent it before it has time to take place; and that gives FDLE a hand in being proactive rather than reactive.  He stated one of the other things FDLE is using is DNA touch evidence, which is supported by the Palm Bay Police Department; Chief Berger; his staff have offered that as a resource in being able to do some positive identification; and target identification, surveillance team, and attentive prosecution is through the Prosecutor’s Office.  He stated FDLE also works closely with Parole and Probation to monitor the sex offenders and the individuals on violent probation to determine if they are following their curfew commitments; FDLE periodically checks the residences to see if they have firearms or drugs, or anything that would violate their probation.

 

Commissioner Voltz inquired if FDLE can go into somebody’s house that is on probation and check to see if they have firearms; with Agent Ivey responding as a stipulation of someone being on probation, the probation officers can go into their homes unannounced and search the home for violations of probation.  Agent Ivey stated the team structure is made up of himself, who is the Unit Supervisor; they are supported by the Sheriff’s Office; Commander Wosley is running the Unit, and a prosecution team is assigned, including various agencies, regional electronics surveillance team, and resource group.  He stated the team focuses on the top 10 targets; if the individuals are not committing any crimes, there is nothing the team will have to do with them; but if the individuals are violating the law and committing crimes, the team is going to act upon that, arrest them, and let the prosecution take the lead from that point.  He stated the program is designed to catch the criminals in the act; and that is done through surveillance, intelligence, sources, and a Crimeline component that is built into the team in which people are encouraged to contact Crimeline and give information.  He stated in considering the budget, with the economic times as they are, each agency agreed to support the cost associated with their particular participant on it; FDLE is looking for grant funding; it is also looking to Violent Crime Drug Counsel reimbursement for any long term investigations; and also discussed has been asset sharing on member based percentage of any assets that are seized as a result.

 

Commissioner Voltz inquired with the economy being what it is, and people losing their homes and jobs, does Agent Ivey assume the crime rate will go up; with Agent Ivey responding the goal is to prevent that.  Agent Ivey stated from a broad perspective, anytime there is a decreased economic status there is going to be an increase in crime; as Commissioner Voltz stated, people are out of work, and some of them may resort to committing crimes to offset that; and FDLE hopes to be in front of that, but it is prepared to deal with it.

 

Chairman Scarborough inquired if Agent Ivey was talking about youth gangs, or are there more sophisticated gangs of a mature nature, such as the Mafia; with Agent Ivey responding yes, there are some very developed gangs; a lot of them are in the youth category; and FDLE is interested in anyone that associates themselves as a gang member.  Chairman Scarborough stated there is a totally different culture in a sophisticated business-type environment and youth who are basically trying to find identity.  Agent Ivey stated if someone is involved in violent crime or committing crimes period, one component of the team or another would be focusing on them; and the gangs being seen more are the younger gangs.  Chairman Scarborough commented on awareness in the public schools and kids being more involved in sports.  Agent Ivey stated part of the GAMEOVER program is going into the schools and providing an educational basis regarding gangs and the dangers associated with them; and information is also given to parents on what to look for that may indicate their children are becoming associated with gangs. 

 

Commissioner Colon stated when Sheriff Parker wanted to bring resource officers into the schools she dealt with principals who said their school did not have any gangs in their schools; and she knows it can happen anywhere in the County and in any school.  She inquired what kind of feedback Agent Ivey has seen in  regards to parents who think their children are not involved.   Agent Ivey replied the reality is that it  happens throughout the State; the fact that the Board is having a Workshop today to discuss programs that have been created from a preventive posture and a combative posture is an indicator of that; FDLE encourages parents to understand that it can happen to anyone; and the most effective way to prevent it from happening to parents is for them to educate themselves on it, know what is around them, educate their children on what to do to communicate with their parents, and provide feedback.  He stated it was mentioned earlier that children are fearful to speak out about some things; that is being encouraged through some of the Speak Out programs in the schools; and Crimeline also has a program that offers the children an avenue to speak out on some of the events that are going on.

 

Chairman Scarborough stated one thing the Board would really benefit from is understanding the cultural nature of crimes; things are occurring more frequently because society is much more complex; it is not just a money issue, although money can become a part of the driving forces; and the more law enforcement gets to the heart of the problem, the better off everyone will be.   He commented on Judge Dean Moxley and his involvement with the soccer fields at Chain of Lakes and getting kids involved from East Mims.  Commissioner Voltz stated that is why the Juvenile Assessment Center was so important, because the kids are arrested and taken to the Center where it is discovered what kind of problems they have.  Commissioner Bolin stated sometimes there may be a single mother who has many boyfriends rotating in and out of the child’s life, and to a child a gang may be the only constant in his or her life.  Commissioner Voltz stated her oldest son had cystic fibrosis; he was always little; a lot of kids made fun of him because he was little; and he associated with the kids who were not so good for him because they accepted him more so than the kids he should have been hanging out with. 

 

Commissioner Colon stated the problem is complex; law enforcement is focusing on the preventive side, but the responsibility always falls back; a lot of parents want to be friends with their kids; but children do not need another friend, they need a mother and father. 

 

The Board recessed from 11:00 to 11:12 a.m.

 

Agent Ivey stated the second program he would like to discuss is one that everyone in law enforcement is proud to be part of, and that is the CART (Child Abduction Response Team).  He advised CART responds to true child abductions; the design of the team came about in 2004; the concept followed the unfortunate and tragic events of Carla Brucia’s abduction and murder; and Jessica Lundsford’s abduction and murder occurred a short time after.  He stated law enforcement started looking at how it can respond to true child abductions in a more timely fashion and have all the resources it needs.  He noted regardless of the size of an agency, child abduction immediately becomes one of the most overwhelming investigations anyone in law enforcement will ever be a part of; in addition to the investigative side, there is an emotional side that is an overwhelming task for any single agency; and with that in mind FDLE developed CART.  He stated he is proud to announce the Brevard County Team has 133 members represented from all the law enforcement agencies and a number of private industry components as part of the team.  He stated CART is designed to work within parameters; the unfortunate statistics are that when a child is abducted and killed, 44 percent of them are killed in the first hour; and the reality is that law enforcement and parents do not even know the child  is   missing   before   that   tragedy  has   occurred.  He   noted  within a three - hour window, 74 percent of children abducted are killed; and a realistic approach is that law enforcement can operate and function within that time frame.  Agent Ivey stated his Special Agent in Charge, Joyce Donnelly, summed it up by saying law enforcement should spend time searching for the child and not the resources; essentially, that is what the team did; and CART is a pre-planned, pre-trained, pre-designated team of police officers, sworn and not sworn, from every agency in the County that responds to help any agency.  He advised if the Melbourne Police Department has a true child abduction, the CART is coming to that event; all of the agencies have participated in a Memorandum of Understanding that deals with how to use the team and the team’s response; and the investigation will be handled by that specific agency that was the initial agency on the case.  He stated the best way to describe CART is as a toolbox that is brought to the scene, and every resource needed is there; there are 133 members on the CART; and if there is a child abduction in Melbourne, those 133 members are coming to the rescue.  He reminded the Board that CART focuses only on classic, non-family abductions. 

 

Commissioner Voltz inquired how long after a child is missing does law enforcement begin looking for them, and is there a certain age in which law enforcement would wait a little longer; with Agent Ivey responding initially, when the call comes in, the agency taking the call begins immediately; there is an educational component that educates the patrol officers to what the CART does and how it can best work in the three-hour window; but initially even absent of the team, that local law enforcement team is responding, getting information, and going door to door in an effort to try to find that child.  Agent Ivey stated CART comes in when it immediately recognizes that a child is not at a neighbor’s house or hiding in the backyard; and that is when the CART is activated.  Commissioner Voltz stated 28 years ago she was at a baseball game and her son went missing; he had walked home without her realizing it; but when she called the police she was told that he was 10 years old and they normally wait 24 hours; and she assumes because of everything that has happened since then, that all that has been changed.  Agent Ivey stated when law enforcement gets a call like that it becomes a priority; law enforcement officers have discussed that CART is a large mobilization of resources; and all the officers would rather get half way to a location and find the child, then hesitate and wait.  He stated each agency has a representative on CART that understands the components and the concept of the team. 

 

Agent Ivey displayed a Responsive flow chart explaining that the agency takes the initial call, and after discussion determines the basis of the investigation; the Organizational chart shows a number of disciplines that are represented; and every basis is covered by having victim advocates that respond immediately.  He advised the Organizational chart is broken down into logistics and a purchasing coordinator; and the chart is designed from a incident management strategy where the people in each group can focus on what they are supposed to focus on, which ultimately leads to the recovery of that child.  He stated the first time CART was activated and used was in Orlando in October 2004; a little girl had been taken from her home; CART was able to find her within the three hour window; she had been brutally attacked and left for dead; and the CART was able to go out through a search grid, find her, and bring her to safety.  He advised the little girl is doing fine, and has even spoken to some team members in Orlando.

 

Commissioner Colon stated she has asked Janice Kershaw, Chairman of the School Board, to speak to the Board regarding its partnership with the School Board. 

 

School Board Member, Janice Kershaw stated she would like to update the Board on Catherine Marlowe’s report on cyber crimes; a question came up on if the schools are volunteering for the program; it was partnered with the Florida Association of School Superintendents; and she is pleased to announce 100 percent of Brevard County middle and high schools registered.  She advised the School Board is looking for ways to go above and beyond as to what can be made to be appropriate for 5^th and 6^th graders; that program has not been invented yet, but the School Board is working on ways to get the younger students involved as well.  She stated the School Board is fortunate that it has Resource Officer Martinez who is trained to provide the parent workshops; he also does the student workshops in the schools; and he is working with other School Resource Officers to get the program out more.  She stated she attended one of the parent workshops given by Officer Martinez; parents learn how to search a child’s computer for inappropriate activities; and she appreciates the efforts that all law enforcement agencies provide in the schools.  She advised tomorrow is the School Board’s Summit with the counties and cities; and this may be an issue that can be brought up and worked on together. 

 

Commissioner Voltz stated from what she understands there are programs available that parents can use on their kids’ computers that monitor every keystroke their child makes.  Agent Ivey stated those programs exist, but he would defer to Lieutenant Goodyear.

 

Lieutenant Goodyear stated the National Center for Missing and Exploited Children, which is www.missingkids.com, has a lot of safety and parent information; the site will link parents to different types of software programs to do different types of things depending on what a parent wants to do and on what level; and it is a personal decision for parents.  He stated www.netsmarts.com is another site that is very good.  Commissioner Bolin inquired if the software can detect other adults in the home as well as children; with Sheriff Parker responding affirmatively.  Sheriff Parker stated some programs will show windows of questionable images that have been on that computer in the parameters that have been set, and then a parent can either question the individual or contact the Sheriff’s Office.  Commissioner Voltz stated that information needs to be made available to all parents so they know they truly can monitor what their kids are doing; and it would help in abductions to be able to see who the child has been talking to.  Lieutenant Goodyear stated that is why, with the CART team, the Sheriff’s Office computer was added; with the recent case of the missing 12 year old girl, his office went to her best friend’s house because that was the computer she was using; and that is the computer a lot of forensics was done on.  He advised www.MySpace.com was instrumental in helping the Sheriff’s Office in getting the information it needed on who it thought the person was the girl left with.  Commissioner Colon stated it always goes back to the parents; and in her family, the computer is always in the living room where she has full access to view what her son and daughter do on the Internet.

 

 

 

State Attorney Norm Wolfinger stated it has been heard loud and clear today that education is important; Brevard County is fortunate to have a school system and Superintendent second to none; the law enforcement in Brevard County has done a phenomenal job; and the crime rate in Brevard County this year was stable.  He stated the school system and law enforcement cannot solve all of the problems; and it comes down to parental responsibility.  State Attorney Wolfinger stated this month marks 17 years since the Junny Rios Martinez days; during that investigation it was shocking to him to find the numbers of families in Brevard County who had older people in their 20’s and 30’s who had befriended their child, and whom parents were allowing to live in their home; and it was absolutely shocking.  He stated when there is a 25 year old interested in playing in the yard with a 12 or 13 year old, parents have to think; people have to be on the lookout for themselves as well; and people need to learn how to take care of themselves.  He noted Catherine Marlowe was designated as an Assistant State Attorney is his office to prosecute one of the cases; the Board is going to see what could be called overlap; but really it is more of a seamless system where they are working with each other so that cases do not fall through the tracks. 

 

State Attorney Wolfinger stated the first program he would like to talk about is Operation Cease Fire; it began on August 31, 2002; every police chief and sheriff in Brevard and Seminole Counties, U.S. Attorney, and ATF, all signed an agreement that they were all going to concentrate on gun crime and really attack it proactively and aggressively.  He stated in the early 2000’s the State came out with 10-20-Life, in which gun offenders could be prosecuted and get great sentences; but even with the great laws, law enforcement found that some people do not care what the laws say; and those people have been targeted since 2003.  He stated Operation Cease Fire was a national program under the President and U.S. Attorney’s Office; and currently two of his prosecutors are housed at the U.S. Attorney’s Office in Orlando prosecuting the State Attorney’s cases in Brevard County in federal court.  He stated Operation Cease Fire was set up in combination with law enforcement in which every gun case that comes through the State Attorney’s Office goes through a specific intake attorney; and he meets and talks every week to officers from many of the major departments to determine if a case should go to the State, if it should be prosecuted in Brevard County, or if it should be prosecuted in the federal courts.  He stated anyone can look at the newspaper and see the jails are crowded; people bond out of the jails; the court system in pretty well clogged up; and it might take two years to get one of the cases to court.  He advised if his office takes a case to federal court the individuals are not going to get bond; the case would be tried within seven days of the indictment; and his attorneys are the ones who take it before the federal grand jury.  He stated there are cases that his office arrests and files on because the federal system is not quite ready to pick it up yet; and then his office ends up dropping the case; but it does not matter who does it, as long as it gets done for the protection of the public.  He stated his office has eight people from Cocoa under indictment in federal court right now; one of them was prosecuted in the State system; one of the co-defendants was found not guilty in the same trial recently and he was prosecuted and got life in prison; and it is an effort in which law enforcement has to work together.  He noted Sheriff Parker does a great job; and it is important for the community to understand how the different agencies work so well together on crime.  He noted one of the biggest problems in the community is the lack of standing up and speaking out against crime; there was a trial in Cocoa last year in which a gentleman chose to stand up and speak against violence during a trial in which he was testifying; when he went home that night his house was showered with AK-47 rounds into the bedroom where he and his wife were sleeping and into his children’s beds, which caught on fire; but luckily his children were not home at the time.  He stated the person on trial that day was convicted as well as the people who were believed to have shot up the man’s house; but that man had the courage to stand up and speak out; and that is what it is going to take.  He stated his office  has a Rap Against Violence contest in which kids are encouraged to do their own rap, which is recorded and the cd’s are handed out free to communities and schools to try to encourage people to come forward and report a crime they have observed.  Mr. Wolfinger stated there have been ten indictments in Brevard County in the last three months that are in the federal court system. 

 

Commissioner Nelson stated with the new law allowing people to take a gun to work, his concern is for law enforcement officers; and inquired what was the rationale behind the law; with State Attorney Wolfinger responding it is a legislative issue; various amendment issues are going to conflict; and there are going to be challenges to the law.  Commissioner Voltz inquired what happened to cause the Legislature to want to create the law.  Sheriff Parker replied the rationale is if an employer prohibits someone from having a gun in their private vehicle on their property, they are doing more than prohibiting that one act; they are prohibiting that one individual from getting to that property safely and being able to protect themselves. He stated someone could be living in a relatively dangerous area and need to traverse to work and they have to chose to leave their firearm at home even though they are legally entitled to carry one, but they cannot do it because when they get to their final destination they are not allowed to have it.  He stated that is one of the best arguments he has heard for the law, but it is a tough issue. 

 

State Attorney Wolfinger stated business owners say their property belongs to them and they have a right to say what is brought onto their property.  Commissioner Voltz stated she has been working on some crime issues in South Melbourne; the majority of issues she has seen are the “don’t tell”; and unfortunately there are some major basketball players that are telling kids not to snitch.  State Attorney Wolfinger stated it is going to take the community to help; there have been people coming to the courtrooms and urging others to not testify; and in the old days the negative connotation in the communities were when someone was arrested for drugs and law enforcement used that person to go out and get somebody else to buy drugs and then they would be arrested.  He stated with snitching today, the connotation is that he may not know a person, and he may see that person shoot the person next to them; and if he comes forward as a good citizen, then he is snitching.  He stated unfortunately, because of fear, there are good people in neighborhoods who are locked in their houses; but at the same time that behavior in a community has to be changed in which 30 people see a shooting and yet nobody saw it.  He stated until law enforcement can educate the community that it has to help on the issue and turn the anti-snitching around, it is going to get worse. 

 

Commissioner Voltz stated another thing she found was that young people who are doing drugs are bringing that money home to their mom and dad or grandma; they are basically providing for the family; and the parents or grandparents are not going to snitch on them because that means their livelihood.  State Attorney Wolfinger stated it goes back to healthy families making healthy communities through education and parenting.  Sheriff Parker stated another thing happening with snitching is that it is cool right now to threaten people who are being informants; with Operation GAMEOVER, Tact Teams, and Agent Ivey, agencies are taking their ten worst in the community; and one thing that gets someone on that list is threatening informants.  He stated law enforcement is trying to take the coolness out of threatening informants, because that will get them to be the focus. 

 

Catherine Marlowe stated the statewide prosecutor had a Grand Jury on gangs to try to find out what is going on and why the problem is getting worse;  one of the recommendations the Grand Jury came up with was tampering with a witness is currently a third degree felony, meaning one could get up to five years in prison; and that seems like a long time to a normal person; but if someone is threatening a witness against a friend, who is looking at 30 years, five years is not that long; so people are serving five years to save their friend from having to serve 30 years.  Ms. Marlowe stated one of the recommendations to the Legislature is to make the tampering commensurate with the level that one is tampering with; if someone is trying to get a friend out of a 30-year sentence, that person is going to be looking at a 30 year sentence; but that is not on the books yet.

 

Sheriff Parker stated many times, people who are threatening are the same people who are committing violent criminal acts and robberies; and it does not take long once they are on law enforcement’s radar to catch them in the act. 

 

Commissioner Voltz inquired about cameras being placed in high crime areas; stated surgeons have tiny cameras that expand everything they see; and inquired if law enforcement has any camera that is like that, or infrared.  Sheriff Parker replied Brevard County probably has some of the best state-of-the-art technology available; the Sheriff’s Office tries to restrict it to criminal activity in order to protect the rights of citizens; but if the Sheriff’s Office has a concern in a particular area it has the ability to go in and do what it needs to do to try to gather the evidence it needs.

 

State Attorney Wolfinger stated for the past several years the State has been very active in TRIAD with the Sheriff, local law enforcement and the elder community in trying to look at issues from their perspectives on crime prevention; and that is an active program in the community.  He stated the Elder Division was started, but he is disappointed to tell the Board that the budget cuts have taken a hit on his office; in particular, there has been a specialized elder law attorney who unfortunately has had to have other crimes consolidated with it; and there is an investigator who specializes in elder crime.  He stated Operation Spot Check has been successful; there were two done this week in which his office will work with the regulatory agencies; and it is coordinated to spot check a nursing home or an assisted living center to make sure everything is going good.  He stated so far, most of the time everything has been going well; there have been more problems in Seminole County; the spot checks are unannounced; the regulatory agents go inside the nursing home and make sure the proper pills have been given to the proper people; and those efforts will continue to ensure the citizens are safe.  Commissioner Voltz stated when she holds her senior workshop, State Attorney Wolfinger can expand on that issue more if he would like.  Chairman Scarborough stated that would be a good idea because there are people who prey on the elderly.  Commissioner Colon stated Sheriff Parker is also going to be sharing some of the things that he is working on with State Attorney Wolfinger. 

 

Sheriff Parker stated several years ago Chairman Scarborough met with him and said the Sheriff’s Office could be doing more with senior safety; and his office has done seven or eight presentations in the community and all of them have been well attended.  Chairman Scarborough stated with elderly people there is more likely to be communication in the church environment.  Commissioner Voltz stated County staff has done a great job with some of the elderly that  were taken advantage of  after  the  hurricanes  by people  claiming to fix roofs and then taking the elderly person’s money.  State Attorney Wolfinger stated when dealing with the elderly, crime prevention is what it is all about; a lot  of times, once they  are  victimized  they do not have as much time left on earth as a lot of people do; and it is important that seniors do not lose their money. 

 

 

Lieutenant Mike Wong stated he would like to talk about two emerging trends law enforcement is seeing as major threats in terms of narcotics in Brevard County; those trends are methamphetamine and marijuana grow houses; and both of those are considered labs.  He advised methamphetamine has become one of the most significant drug threats in Brevard County due to its addictiveness and associated cost of maintaining a qualified force to deal with clandestine laboratory clean-ups; and one hurdle law enforcement faces is what it should do with the hazardous and toxic chemicals it encounters.  He stated the initial concern law enforcement had was that it did not have the resources and relied heavily on the Drug Enforcement Administration.  He stated the Sheriff’s Office and Fire Rescue did not want to have to deal with the problem without having the expertise and knowledge behind it; the Sheriff’s Department hired a company to come in and teach agents, patrol officers, and fire rescue personnel who respond to particular labs because of the danger associated with it; but there are no remediation mandates in the County or in the State in terms of clean-up. 

 

District Chief Bob Seccuro stated when it comes to the clean-up of the sites themselves and working with the Florida Department of Environmental Protection, its definition is that as soon as it is operating as a lab, it is now a commercial property running an illegal business; and it mandates law enforcement the ability to enforce the lab as a commercial property.  He stated that is what is being used right now to help recover costs and help support the clean up efforts of the Sheriff’s Office through the hazardous materials side of the house.

 

Lieutenant Wong stated children are particularly vulnerable to health effects associated with meth labs; children are at risk of explosion, fire, and chemical burns, and are often neglected and abused by drugged parents; and last year more than 2,000 children were found in meth houses, 22 were injured, and two were killed.  District Chief Seccuro stated there have been at least two structure fires in Brevard County in the past year that have been directly associated with a meth lab.  Lieutenant Wong showed a picture to the Board of a playground in a yard; stated next to the playground is a dump site where parents were dumping their chemicals; everyone knows kids will play in any junk pile around; and parents are being arrested for child abuse if children are present when law enforcement enters a meth lab.  He noted there is currently a Memorandum of Understanding with Brevard County Law Enforcement Partners, Department of Children and Families, Child Protection Team, and the State Attorney’s Office; the Memorandum of Understanding is a protocol that was necessary to identify what each agency was supposed to do in the event a child is found in a house in which there is a methamphetamine lab; and that is another mechanism to deal with issues as they arise.  He stated in 2005 Brevard County began experiencing an incline in meth seizures; in 2006, meth seizures remained steady; in 2007/2008 there has been a dramatic increase; and he attributes the increase to the aggressive enforcement by the Sheriff’s Office. 

 

Lieutenant Wong noted statewide, the Governor’s Task Force started looking into how law enforcement and the counties were remediating meth labs and what it was doing as far as clean-up and notifying the homeowner that the site was hazardous.  He stated another issue the Sheriff’s Office has encountered is hotels, especially on the beach; the Sheriff’s Office has found that residents will spend several days or weeks at a time at a hotel cooking methamphetamine; the problem is that there are adjacent rooms and toxic fumes that will emit through the ventilation system and get into the other rooms; and the hotel will rent the room to unsuspecting tourists, not knowing it was a meth lab.  He advised methamphetamine produces a toxic byproduct and residues that contaminate the premises and are absorbed into building materials such as carpet and wall board, and are distributed in the air; and often, cooks pour leftovers down the drains into nearby plumbing, storm drains, and onto the ground, potentially contaminating the soil, water, and septic systems.  He stated there is no comprehensive method for tracking homes that were used as meth labs; many states acknowledge the need for property owners to disclose to potential buyers or renters any information of illegal drug activity; he understands there is an ethic concern with realtors who rent or sell property where there is a meth lab; and they have an ethic obligation to notify that the house was the subject of a meth lab or some type of hazardous site. 

 

Commissioner Voltz inquired how the realtors know a house had been used as a meth lab; with Lieutenant Wong responding the Sheriff’s Office has somewhat of an outreach program it does with the DEA; and the program is to notify area residents that the residence was a meth lab through flyers or media attention.  Lieutenant Wong stated more than likely anyone who comes in and is looking at a house like that, the neighbors will inform them that the house was a meth lab at one time.  He stated he has proposed the task force come up with a database where any citizen can tap into a source that will identify all labs in every county and every state throughout the country; and another recommendation to the task force was physical on-site inspections through the entities throughout the County to go out and deem the properties safe before they are rented or sold.  He stated law enforcement records, researches, identifies, and removes growth contaminants; all the hazardous materials that come out of a meth lab have to be disposed of by a chemical company; the biggest concern of the Sheriff’s Office was that it did not have enough knowledge of the complexities of the chemicals; and that is why the Sheriff’s Office partnered with the Fire Rescue Department and District Chief Seccuro. 

 

District Chief Seccuro stated one of the biggest things the Fire Rescue Department has brought to the table is the ability to do on-site analysis with infrared spectrometers that have been provided by various Department of Justice grants; and Regional Domestic Security Task Force is one of the biggest proponents that has been giving Fire Rescue the equipment.  He stated the first meth lab that Fire Rescue did work on it was able to identify all the chemicals; the chemicals were part of the evidence collection associated with the meth lab; and the individuals running the meth lab were prosecuted and are now serving time in State prisons.  He advised he does not know of a case that has not stood up in court due to the evidence collection and personnel being certified for doing the analysis of chemicals at the site; the State Attorney’s Office has assigned a special prosecutor; and the prosecutor has told the Fire Rescue Department how it wants the evidence collected, how it wants the analysis done, and how it wants everything documented. 

 

Lieutenant Wong stated education is being done in schools, neighborhoods, associations, and the media; and most drug cases are solved with the help of informants.  He stated the Sheriff’s Office is trying to work with FDLE on a database; and the State is forming a statewide database.  He showed the Board the DEA database and explained the website will show every location where there is a meth lab, including the address and the date of seizure; the Sheriff’s Office has to report every meth lab it seizes; and the information is provided to the database so that anyone can see where the meth labs are.  He stated lawmakers need to consider adopting a County ordinance requiring a homeowner to disclose if a home has been used as a meth lab; there have even been meth labs found in cars; and the same type of concerns are with meth labs in cars, such as someone selling it without informing the buyer it was used to cook methamphetamine.

 

Commissioner Voltz inquired if the Board needs to adopt an ordinance; with Lieutenant Wong responding that would be the proposal by the Sheriff’s Department; and it should be mandated that homeowners disclose that information to buyers.  Sheriff Parker stated Lieutenant Wong did a great job as a presenter with the Governor’s Task Force; the Task Force is very interested in Brevard County because it is leading the State in meth lab busts; and it is very aggressive.  He stated the Task Force was not thinking about the after effects until Lieutenant Wong made his presentation; one thing most important to Lieutenant Wong is if people are taking homes or vehicles without knowing they were used as a meth lab; and it was not on the Sheriff’s Office’s radar until Lieutenant Wong made it an issue.  He noted Task Force members told him they were impressed with Lieutenant Wong’s presentation; as a result, it was going to be one of the priorities of the blue ribbon; the ideal is that it be a State law that will create a database that is consistent and accessible by realtors and citizens; but in the meantime, the Sheriff’s Office has to be proactive if the State is not getting that done in a timely manner.  He stated Lieutenant Wong is suggesting a County ordinance if the State does not create the law fast enough; and that way at least Brevard County is protected.  Commissioner Voltz stated something needs to be on the Agenda for that ordinance.

 

Lieutenant Wong stated the implementation of community resources joint agency initiatives and development of new skills are essential; he is not sure on the health side if there are any programs for methamphetamine addicts because it is highly addictive; and it is one of the toughest drugs for someone to get off of.  He stated there were other agencies such as the Cocoa Beach Police Department and the West Melbourne Police Department that joined the task force to not only combat meth problems, but drug problems in general.  He noted the Sheriff’s Office has been seeing more and more marijuana grow houses come into Brevard County; and a grow house can be hidden anywhere in the County.  He stated grow house owners look for houses in a specific area because they want a house where there are no neighbors; they look for houses in which they can bring stuff in and out without creating too many concerns with area neighbors; the growers want to keep their houses a secret; and so it is the neighbors who provide information to the Sheriff’s Office.  He showed the Board photographs of a standard grow house; and stated some grow houses take in excess of $50,000 just to start up; but that profit can be netted within a month.  He added that many grow houses bypass electricity, and use multiple air conditioning units.  Chairman Scarborough inquired if multiple air conditioning units are used because of the heat from the lights; with Lieutenant  Wong  responding  multiple  units  are  used  for  the  heat  from  the  lights and also because ideal marijuana has to grow at a particular temperature in order for it to be able to grow properly. 

 

Commissioner Voltz stated someone would have to install the multiple air conditioning units; and inquired how the growers get the multiple units installed.  Lieutenant Wong replied grow house organizations have people who do nothing but set up the operation for them.  He stated one of the biggest problem the Sheriff’s Office is encountering is the violence; in 2007 there were 13 marijuana grow operations identified; in 2008 there have been 10 so far; five of the 10 resulted in home invasions; and five homicides were attributed to four of the grow houses. 

 

Chairman Scarborough inquired what a neighbor should be looking for; with Lieutenant Wong responding unusual deliveries at various times; many times neighbors will see construction material coming to the house in the middle of the night; and every house the Sheriff’s Department has encountered has been altered.  Lieutenant Wong advised one of the biggest grow houses encountered in Brevard County was a 1,200 plank row and the whole house was set up just to grow marijuana.  District Chief Seccuro stated the Sheriff’s Office and the Fire Rescue Department have become a model in the State for this type of interaction when it comes to enforcement of grow houses; and Sheriff Parker and Chief Farmer have been supportive.  Commissioner Colon stated it also helps that the current Sheriff was the former Public Safety Director.

 

 

 

Chief Berger, Palm Bay Police Department, stated he would like to talk about some of the programs that have been very innovative, such as the DNA touch program; he was notified last Friday that the program was awarded the top award in the entire world for the International Association of Chiefs of Police; and that is quite a tribute to Brevard County.  He stated many cities and counties have adopted crime suppression teams; it is a very effective tool; but neighborhood policing cannot be forgotten about; and community policing is still there even though it has been cut down to zero in Washington D.C., which is a shame because it is one of the most effective programs.  He stated the sex offender program in Palm Bay has been spread out to six people instead of just one key person; Palm Bay has a Coordinated Planned Response (CPR); and the city has been divided into three districts.  He stated Palm Bay is fully supported by crime analysis; and the forfeiture unit is averaging $.5 million per year now because the Police Department is effectively turning the proceeds of criminal enterprises back into law enforcement.  He stated the Palm Bay Police Department has a Blue Halo program, which all employees go through; it basically teaches employees how to identify criminal activity or traffic situations; many times an officer can be two blocks away, but he or she may not be aware of a situation; and the Halo program has been very effective.  He advised Code Enforcement has been turned back to the Police Department; the Police Department also has a public education series; and the Off The Cuff program deals with what the Police Department does everyday.  He stated the juvenile unit was revised; and 80 percent of the crimes in Brevard County are directly committed by juveniles.  He stated many police chiefs visited Tallahassee recently; he was upset because not one State Representative met with the chiefs; State Attorney Wolfinger does a great job, but he needs resources; and positions cannot be cut while the crime rate goes up.

 

Chief Mark Klayman, Cocoa Police Department, stated the City has adopted a two-pronged approach to solving some of the problems in Cocoa; one is a strict enforcement policy backed by an expanded outreach strategy; and some of the things being done are the top ten offender program through the State Attorney’s Office, which has been very effective.  Chief Klayman stated through Project Safe Neighborhood, the Police Department has developed the Street Crimes Unit; the Street Crimes Unit is a very proactive enforcement; and the Unit targets anything happening on the streets.  He stated the Police Department has also joined the GAMEOVER Program; and it has adopted a code enforcement strategy in which police officers are being trained to be code enforcement officers as well.  He stated on the community outreach side, there is a lemonade stand in which police officers meet and greet the public; it gives the officers a chance to meet face to face with the people they serve; and there is also the foot patrol in which officers are on foot.  He advised the Police Department puts out a weekly newsletter that reports the things going on in the community as far as crime; monthly surveys are also done of the police officers in order to get feedback on how the officers are doing; and that is important because it creates accountability in the police officers and their performance.  He stated the Police Department has reached out to the ministerial alliance; the churches have been asked to take the ministries to the streets and to intercede with families in crisis; and so far it has been productive and positive. 

 

 

 

Sheriff Parker stated a great deal of credit needs to go to the Board and the County Facilities staff for the expansion plans; it has been an unprecedented growth in the amount of correctional space needed in the last couple of years; only two years ago there were 1,041 beds; and a county the size of Brevard needs 2,000 beds.  He commented on people possibly being released from jail because of the lack of beds, when they really needed to stay in jail.  He stated the Board took a proactive approach and funded an aggressive expansion plan; the last major phase of that plan was completed on Monday, which was the opening of the 346-bed mental health medical facility; and the expansion is a pod attached to the main jail and is high security.  He commented on all four tents being completed and the old annex renovated for the female facility.  Commissioner Voltz commented on the daily population report numbers being reduced.  Sheriff Parker stated he would not worry about the fact that the jail is still overcrowed by 200 inmates; that is not a problem because those are people in jail that are not on the streets committing new crimes; he is certain if another 200 beds were available, they would be filled as well; and that is a good thing in his opinion.  He stated the Sheriff’s Department tries to get inmates off of the bunks and out working; one program is the Graffiti Busters Program; inmates, under supervision, use County recycled paint and restore the graffiti areas; and the inmates have done close to 1,000 graffiti tags in the one year the program has existed. He commented on inmates changing their philosophy on gangs when they clean up the graffiti.  He commented on the Paws and Stripes Program in which shelter dogs are given to specially trained inmates to teach them how to care for an animal; and there are approximately 60 dogs in the program with a 100 percent adoption rate.  He stated there is a sewing program in which inmate welfare money is used to buy sewing machines and fabric cutters; inmates are trained to make their own uniforms; and sheets from cruise ships are cut in half and used for sheets, which also saves money.  He advised the construction projects have been great for putting inmates to work; a lot of inmates have been put to work building the jails and tents; as a result, they have made relationships with the construction companies; and many have been hired upon release from jail.   He commented  on inmate  landscaping,  road clean-up, and the  culinary program, in which inmates get food handler certificates and have been hired in restaurants.  He stated in the inmate programs, the Sheriff’s Office wants to save taxpayer dollars and give the inmates a skill and work ethic so they will not want to return to jail.

 

 

Pierre Paul stated he is a life skills facilitator for the AMER-I-CAN Program at Bayside High School in Palm Bay; there were some valid points made in dealing with gang members; and he commends the law enforcement agencies for the proactive approach with programs such as GAMEOVER.  He stated some of the components to the program include motivation, attitudes, behaviors, and conditioning; and as Commissioner Bolin mentioned with rotating boyfriends, the kids think a dysfunctional environment is normal, making them act out in certain ways.  He stated AMER-I-CAN deals with the gang intervention and prevention aspect of law enforcement; and he would like law enforcement to include his program in other programs such as GAMEOVER, because his program has not been informed or included, and he thinks his program can help with mediation and information as far as gang activity.

 

Yvonne Minus, President, Melbourne Police Community Relations Council, expressed appreciation to the Board, Police Chief Carey and Police Chief Berger, for partnering to eradicate crime.  She stated she thinks the AMER-I-CAN Program is one of the best programs in the schools; the program works hard to help the at-risk youth; she heard on the news yesterday that the AMER-I-CAN Program may be in trouble; and it is her prayer that if the program is in trouble that it can be taken to another level on the State level.  She expressed appreciation to State Attorney Wolfinger for the hard work in working with judges to keep the criminals in jail; stated young people who are arrested immediately ask how much their bail is going to be; but if the bail amount is significant, they will not be coming out soon.  She stated she would like to invite the Board and other officers to the Council’s monthly meetings with the Police Chief on the second Thursday of each month. 

 

Charles Favors stated he is the President of the South Brevard Branch of the NAACP; there is a problem in the community in which first offenders and kids have been charged with crime, expelled from school, and end up on the street as drop-outs; and that is how kids get involved with gangs.  He stated if there was a second chance for the first-offender kids, they might be able to be saved and kept in school in order to get a better education.  He stated jails cannot be built fast enough for the kids being arrested unless the kids can be helped before they get to the incarceration stage.  Commissioner Colon stated one thing she and Mr. Favors agree on is that if there is a disruptive child in a classroom, the child should not be there; the children that are there are to be educated; but she thinks Mr. Favors should speak to the School Board because it sets the policies. 

 

Commissioner Colon stated she would like to hear from Mr. Lawton because he was one of the folks on the other side who was not following what he should have been doing; but now he is giving back to the community.

 

Mr. Lawton stated he agrees with what everyone has said; prevention and proaction are the answer before money is spent on jails; if the life of one kid is changed, the lives of kids around him will be changed, because peer pressure is a big issue; he has a great success rate with the kids; and he agrees with Sheriff Parker that everyone has to be proactive in all cities in talking to all kids.  He commented on teaching the kids about snitching.

 

State Attorney Wolfinger stated his office would like to reach out by using gentlemen like Mr. Lawson; and inquired if he would be willing to help with that.  Mr. Lawton replied he does that already; he can actually walk into a gang, because he was a gang member in the past; but when he walks into a gang he can walk away with the leader of that gang down the street and all the other kids do not say he is a rat; but if police officers tried the same thing, the kids would not go with them.  Mr. Lawton stated when he talks with a gang leader he tells them they are the leader of kids and asks them what they are doing; and the gang leaders relate to him in that regard.  He stated he encourages law enforcement to contact him and he will be glad to help in any way he can; he does a lot of pro bono work because he does not want to see kids go where he was; and he is sanctioned by the Courts.  He stated today, the kids are escalating the violence, so law enforcement has to escalate the consequences; and it is a never ending battle.  He stated he talks to kids on their level; he tells them what they need to hear; and he does not sugarcoat anything.  He noted a lot of kids see a lot of stuff on T.V. and it is not what is portrayed; on his website he has abuse articles and his level of success with Senator Nelson and the Attorney General’s Office in Washington; and his theory is if one kid is affected out of 200, the long-term effect is going to be great. 

 

 

 

Commissioner Nelson stated no one has really addressed the State and what it is doing to law enforcement and the court system; he does not think the public understands; the legislators have put this happy face on law enforcement that they are going to hold them harmless during their budget cuts; and that is absolutely not what is happening.  He stated corrections officers are being cut along with Public Defenders, State Attorney’s, and all the resources to the Sheriff’s Offices that do these kinds of programs; and the public needs to understand law enforcement is not being held harmless by the State Legislators.  He stated local governments have done a much better job dealing with the issue; and the State agencies would do more, but they are not going to be able to.

 

Sheriff Parker stated there has been so much positive conversation today, and he does not want to go down this road, because it is not positive.  He stated he is concerned about what is happening with law enforcement across the State of Florida; there was discussion today on the crime rate in Brevard County being very high; but there was a higher crime rate in the 1980’s because the early release from the State prison systems was at an all time high; and rather than build more prisons, they would just create new legislation to release inmates back to the streets, so people were only doing 18 percent or 19 percent of their sentences.  He stated he is concerned now that across the State of Florida violent crime, and crime in general, are going up; and at the same time, the State Legislature is cutting very critical budgets such as the State Attorney’s Office and the Department of Corrections; there is no way to cut corrections officers and keep up with what needs to happen to the State; and he is afraid if the path continues it is going to be like the mid 1980’s again. 

 

State Attorney Wolfinger stated his office is 27 people down from what it was; and he is looking at a sizeable decrease again.  He stated his office is not going to let its guard down at all on serious crimes or DUI’s; but he will deal with it and do the best he can.

 

Chairman Scarborough inquired if State Attorney Wolfinger could put together a letter to the Delegation indicating  the  Board is vitally  concerned about what the  State’s budget cuts to law enforcement will mean to Brevard County.  Commissioner Colon stated the letter should also be sent to Governor Crist.

 

Motion by Chairman Scarborough, seconded by Commissioner Voltz, to direct the County Manager to prepare a letter for the Board’s consideration on Monday, April 28, 2008, to Governor Crist and the Brevard Delegation expressing concern about cuts to funding for law enforcement.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin commented on doing everything possible to keep people from going into the jails.  Commissioner Colon stated Sheriff Parker already has programs, but the dollars he has are being taken away; all law enforcement agencies have preventative programs in place, but the dollars are gone; and she never thought it would get to the point when law enforcement had to face cuts.  Commissioner Bolin commented on cuts in the Highway Patrol and how it will affect Brevard County. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Letter Agreement with Holland & Knight for legal services in connection with the issuance of the proposed Brevard County Industrial Development Revenue Bonds, Series 2008 (The University Financing Foundation Project).  Motion carried and ordered unanimously.  

 

 

Upon motion and vote, the meeting adjourned at 1:17 p.m.

 

 

 

 

                                                                        _________________________________

                                                                        TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

__________________

SCOTT ELLIS, CLERK 

        (S E A L)

                                                                  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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