MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

March 1, 2007

 

 

The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on March 1, 2007, at 3:30 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

County Attorney Scott Knox requested an executive session for three different cases.

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to authorize scheduling three executive sessions for March 6, 2007, at 11:30 a.m. or as soon thereafter as possible, regarding Barnes Boulevard Warehouse, et al, vs. Brevard County, Palm Bay vs. Brevard County, and Russo vs. Brevard County.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz noted she will not be present at that meeting; with Mr. Knox replying he will meet with her separately.

 

 

Chairperson Colon stated she attended the funeral for Branden Charles Cummings who was a soldier from Brevard County; expressed condolences to his family and fiancé; and noted they have the support of Brevard County and are in her prayers.  Chairperson Colon read aloud a poem.

 

 

Dee Lara advised Douglas Beam could not be present and requested she read comments on his behalf.  She commented on a promise from the Board that any courthouse expansion would be in South Brevard County, the Board’s contemplation of a $20.2 million facility next to the Moore Justice Center in Viera, and South Brevard County having no circuit court judges.  She proposed converting the top floor of the Melbourne Courthouse back to courtrooms and judges’ chambers, and the State Attorney’s Office and the Public Defender’s Office be relocated from the second floor to reasonably priced office space nearby.  She submitted a petition from 2004 requesting two circuit court judges to sit daily in the Melbourne Courthouse; and noted the requested action has still not been taken.  She noted Mr. Beam requests the opportunity to meet with each Commissioner to discuss this matter further and to be notified of any hearings or meetings regarding the courthouse issue.

 

Assistant County Manager Stockton Whitten advised Stottler Stagg & Associates is present to make a presentation in regards to scenarios for building space on the other side of Stadium Parkway for both the courts, and the Public Defender and State Attorney Offices; and Stottler Stagg & Associates Chief Executive Officer Bino Campanini and Principal Architect Michael Kelley will take the Board through the presentation.

 

Mr. Campanini noted last week the Board charged the organization to see what could be done across the street; the maximum amount of space it could get over there is 120,000 square feet; they looked at some scenarios; and they talked with W & J Construction, the firm currently working on the Moore Justice Center, about costs and timelines.  He introduced W&J Construction Corporation Owner and President Nick Witek.

 

Mr. Kelley advised Concept 12 was expanded to form three different scenarios, 12A, 12B, and 12C; the first concept, 12A, is expanding to the east, keeping the same linear design that is there currently with the corridors; that is a 120,000 square-foot, four-story addition with 30,000 square feet per floor and 18,000 square feet finished; and he was advised there is an additional 9,000 square feet needed for January 2009.  He noted there is a half million dollar contingency for possible changes; if they add in 9,000 square feet of office, it comes out to $450,000; so Concept A could work; and the unfinished shelled space would be 93,000 square feet of shell.  He stated if they do a fast track construction and design timeline, the courtroom area could be finished by the end of December of 2008; the cost of the construction would be $20,250,000; and it includes a half million dollars in contingency, which could be reduced a little bit to make the numbers work.

 

Mr. Kelley stated the next Concept, 12B, adds an L-shaped configuration to the south; that would be 18,000 square feet of courtroom, with 9,000 square feet of finished office space; and 93,000 square feet would be shelled.  He noted 12B is the most expensive; it is over the budget price by a little over one million dollars because of wrapping around and going to the south; and the public corridor would have to be extended to the east to maintain the security and the circulation that is there now.  Commissioner Voltz inquired if he was talking south of this building; with Mr. Kelley replying no, it is south of the Moore Justice Building. 

 

Mr. Kelley advised the next Concept, 12C, maintains the linear circulation to the east; they could build 72,000 square feet of office space that would give the courtroom area and the support; plus it plans for a future 30,000 square-foot, single-story building set off to the side that could be built later on.  He noted that building could possibly be for the Public Defender since his projected needs were about 27,000 or 28,000 square feet; this concept provides for 90,000 square feet of finished addition for $20,150,000; the State Attorney could relocate across the street to the Moore Justice Center because that was a safety concern in the last discussion; and the Public Defender could grow into the State Attorney’s space in Building D.  He stated each floor is about 26,000 square feet; that would free up about 17,000 square feet on the second floor of Building E for expansion such as the Government Center or the Sheriff; Concept 12C solves a lot of the space needs for January 2009; and if the Board chooses a fast track schedule, it will save approximately $300,000 by saving four to five months of construction and design time.  He further noted a half million dollars for contingency and AE/Design fees are both added in; and the $300,000 fast track savings is dependent on W&J continuing on the construction of the addition.

 

Nick Witek advised his company knows more about the Moore Justice building than anyone else and could help guide the design process;  there were a lot of issues with interfacing various

systems such as the air conditioning, the security, the keying systems, and the control systems, which have all been worked through; using the traditional way of design, bid, and build, construction would not start until April 2008 and would be completed well into the Fall of 2009; and if the Board chose the architect as quickly as it could and selected W&J as construction manager, the process could start concurrently.  Mr. Witek noted while the engineers were doing the civil design and permitting, W&J would get the competitive bid packages for the site work; they would have subcontracts ready to be issued for the site work so that the minute the civil permit from DEP and St. Johns Water Management District is received they would be ready to start; and the site work for the building could actually start as early as mid-July of 2007.  County Attorney Scott Knox advised there is a Statute that requires the County to go out for competitive award of any facility over $200,000; there are no exceptions to the rule that apply in this case; and what it means is the County has to advertise for request of qualifications and have the qualified top three come in and start negotiating with the first one.  Engineering/Permitting Assistant Director Steve Peffer advised routinely solicitations are put out for approximately 21 days to give them time to develop the packages; on occasion when there is a critical timeline they are put out for 14 days; upon receipt of those, they try to expedite a scheduling of the review committee to make a decision, and then it would come back to the Board; and an aggressive timeline would be approximately 45 days total. 

 

 

Commissioner Voltz noted she does not think it is a good idea to reduce the Contingency just to make the numbers work; and the Contingency is in case there are overruns. 

 

Mr. Whitten stated the Board’s direction was to summarize how the County could get 120,000 square feet built across the street with the dollars available; he feels the scenario that gets them the closest to that is 12C; that is 90,000 square feet of finished space; and 90,000 square feet does not move the Public Defender and the State Attorney off of the campus and across the road.  He advised 12C being the best proposal in terms of finished space still is approximately 30,000 square feet short; and if 12C is chosen, either the Public Defender or the State Attorney will have to split their office.

 

Commissioner Nelson noted the $1.7 million is part of the money that was set aside by the Board as part of the budget process last year; with Mr. Whitten advising those are part of the dollars that are available as a result of going close to the Statutory or the Special Act Limit on the Millage rate.  Commissioner Nelson advised with the uncertainty with the Legislature, that is a commitment of $1.7 million for the next 20 years at a time when the Legislature may back the County up in terms of its funding availability; he would like some opportunity not to commit at all at this time; and he knows there is going to be a built-in 45-day stop anyway just to go through the bid process.  County Manager Peggy Busacca noted staff has talked a lot about this; there seem to be two schools of thought and she could not begin to say which is correct; but there has been some recognition by the Legislature that there is indebtedness on the part of local governments; and some of the discussions seem to exclude indebtedness.  She advised debt payment may be excluded from this; Representative Mayfield’s bill only talks about operating not debt; there are some who believe that it would be advantageous to go into as much debt as possible because that is going to be somehow separated in the minds of Legislature; but Leon County had a meeting this week and it has stopped all of its construction because the uncertainty is so great.  Commissioner Nelson noted even if it is excluded, it is still money that could  have  been  used  to  offset  some  other  service;  if  the  Board  is  forced to make tough  decisions, that is $1.7 million that could fund something else; and at that point in time it may value something different. 

 

Mr. Whitten suggested staff’s recommendation, a report that was originally presented to the Board at the last workshop, as an alternative to 12C; stated it shows about $2.2 million being available to renovate Building E for the Public Defender, which would meet his needs for the next 10 years; and it shows constructing a $2.5 million West Precinct for the Sheriff’s Office and doing the expansion of the Moore Justice Center for $13.1 million.  He noted the expansion would be the same as the expansions that have occurred in the past; it would be a 60,000 square-foot expansion; and staff’s scenario would leave the Board some dollars remaining to address other reoccurring expenses, a South County Courthouse, or the other existing facility needs.  Commissioner Scarborough inquired what is the cost difference between 12C and staff’s report; with Mr. Whitten replying $3.9 million.  Chairperson Colon noted if they are trying to do some long-range planning, the needs of the South end have to be considered. 

 

Commissioner Voltz advised they need to be very careful in making the decision because of the uncertainty with the State Legislature; they have to fund the court system; it needs to be handled expeditiously; and if it is going to take 45 days to go through the bid process, at that time they need to be able to have the correct information to move on because of lawsuits.  She noted they cannot sit and wait for the Legislature to figure out what it is going to do because everybody will end up losing. 

 

Chairperson Colon noted the Board is fully aware of its needs; it is something it has been discussing; the threat of lawsuits does not speed up the process any more; and the Public Defender, the State Attorney’s Office, the judges, and the Sheriff’s Department are all in the same position.  She advised the Board is fully aware of what its responsibilities are; just because someone threatens it with a lawsuit does not make it work any faster; everyone can see how many workshops the Board had regarding this; and it is taking it very seriously.  She stated the Board knows it has to make a decision but there are a lot of other things that have to be considered; it needs to be a team approach; and there are only X amount of dollars to work with and it is difficult. 

 

Commissioner Nelson noted in 45 days the Board will have a better understanding of where the Legislature is going; he would be a lot more comfortable making his decision then; he is comfortable moving ahead with the design process in the 45 day timeline; but he is not ready to sign a contract yet. 

 

Commissioner Bolin inquired what is the difference between that scenario and Concept 12A.  Mr. Whitten replied the dollar difference is around $3.9 million; 12C is for 90,000 square feet of space attached to the Courthouse for courtrooms and office space at a cost of $20.6 million; that would allow the Board to move the State Attorney’s Office across the street; and the Public Defender would move into the first and second floor of Building D, which is currently occupied by the State Attorney.  He advised staff’s recommendation would total $16.3 million; and that is spending $700,000 to renovate Building E for the Public Defender, constructing a West Precinct for the Sheriff’s Office at $2.5 million, and doing another 60,000 square-foot expansion to the Courthouse.  He noted that option splits the State Attorney’s Office and still maintains the Public Defender in Building E; and the advantage to 12C, although it is more costly, is that at least one of those offices moves entirely across the street.  Commissioner Bolin noted Concept 12A moves both of the offices completely across the street; with Mr. Whitten replying 12A does not provide the finished space that is needed.  He advised it ultimately would, but not now for the money the Board has.

 

Stottler Stagg & Associates Chief Executive Officer Bino Campanini advised on Concept 12C the Board will free up about 44,000 square feet of space that would be available.  Principal Architect Michael Kelley advised on Concept 12C, it builds out 72,000 square feet of finished office space so all of the State Attorney’s Office could move over, which frees up Building D; Building D is approximately 54,000 square feet; the Public Defender needs an additional 10,000 square feet; and the Board would have a remaining balance of 44,000 square feet.  He noted to construct 44,000 square feet of new office space would run about $160 a square foot. 

 

Commissioner Voltz noted to give the direction to go out for bid they need to decide which Concept or staff’s recommendation to use because they are all different.  Commissioner Scarborough inquired if they were to duplicate the $13 million structure, would they have to go through the same process; with Mr. Knox replying yes, they would still have to go through the 45-day process.  Commissioner Scarborough inquired if it is possible to go simultaneously on both routes for the 45 days; suggested taking 12C and staff’s recommendation and going out simultaneously; noted then it would provide the Board with some time; and inquired how much more would it cost to do them simultaneously and use the 45 days to see what the Legislature is doing.  Mr. Whitten replied it is just staff time and one additional advertisement; it would be minimal cost; and inquired if Commissioner Scarborough means two solicitations.   Commissioner Scarborough replied yes; instead of the Commission just buying one option or the other, it could run both options and not waste the 45 days.  Commissioner Bolin inquired is the Board looking at having to make a decision today on what Concept it wants.  Mr. Whitten replied staff would solicit for competitive negotiations for whichever Concept 12 the Board decides on and for staff’s recommendation;  the Board needs to decide which of the Concept 12’s it is going to pick and then staff would do two solicitations and the Board would pick one of the two.  Commissioner Nelson stated the 45 days gets them a list of qualified contractors; the solicitation is really just looking for people who have the capabilities to build whatever the Board is asking for; and it could be all of those.  He explained in other words, they are not going to say build this one; the firms just have to have the capabilities of doing the Concepts; and in 45 days all they will have is a contractor.  Commissioner Scarborough inquired if staff can do all 12; with Commissioner Nelson replying yes; and they are looking for somebody who can build any of the buildings based on qualifications.  Mr. Campanini suggested looking for someone to do the expansion but not telling them right now exactly what that expansion is; the Board could say it is looking for qualified firms to do an expansion somewhere between 90,000 to 120,000 square feet or whatever; and when the qualifications come in, it can pick the firm best qualified to do whatever the work turns out to be.  Chairperson Colon stated it is not just a matter of qualifications but who is giving the best price.  Mr. Campanini responded it depends; when soliciting architects and engineers the Board is not soliciting a price; it is picking them based on qualifications; and if it is going to hard bid the job, that is way down the line.  Chairperson Colon inquired is it safe to say all of the Concept 12 options plus staff’s recommendation; with Mr. Campanini replying they could write the RFP to look for qualifications from firms that are qualified to do the general scope of what the Board is looking to do; they do not have to tell the firms exactly which design the Board has decided on; that would be discussed once the selected firms are under negotiation and contract; and it would save the Board a lot of time.  He advised the consultant community would be a lot happier just putting in for one job rather than four different jobs.  Chairperson Colon inquired how does it work for the consulting firms; and is it per hour or per project.  Mr. Campanini replied usually the design teams negotiate on a lump sum fee and most of the time that is based on percentage of construction.  Commissioner Scarborough noted the Board does not have to have to choose two separate scenarios; the process is just to find qualified people; if that is acceptable to the Board, it is acceptable to him; and it gives them 45 days to have other workshops and collect other data to make the best choice. 

 

Mr. Campanini reemphasized that 12A and 12B give 120,000 square feet of office building but 102,000 square feet of that is not finished; it does not really solve any of the Board’s problems; and it will not move the Public Defender.  Commissioner Bolin stated it makes the maximum usage of the square footage.  Mr. Campanini replied yes, it does; and the question becomes how soon will the County get the money to finish the building out and is it willing to wait that long.  Mr. Whitten advised right now that is a huge, significant question.  Commissioner Scarborough inquired if Mr. Whitten has any reservations about the Board just getting a firm; noted this way would give the Board the opportunity to meet with staff or call an additional workshop; and the Board will be much wiser if it has a little bit more time.  Mr. Whitten noted staff would do a solicitation for qualified firms for two services, Construction Management and A/E services; it would shorten the solicitation timeframe to 14 days; staff would come back to the Board within a month’s time with a listing of qualified firms; and then at that point the Board would be able to discuss which direction it wants to take.  Commissioner Scarborough stated he hopes in the interim the Board can come to some conclusion.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to simultaneously and expeditiously solicit for bids for Architectural/Engineering Design Services and Construction Management (At Risk) Services for the expansion of the Harry T. and Harriette V. Moore Justice Center, Viera; approve shortening the solicitation timeframes to fourteen (14) days; and direct staff to bring back before the Board a listing of qualified firms in one month.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson noted Commissioners Voltz and Bolin went to the Legislative Delegation Meeting at the Florida TODAY building; he has some concerns; he would like to respond to the Mayfield Bill which is putting limits on the County; and he does not know if the Representative has worked out all the bugs.  He advised there are some things in the Bill that are very onerous; the Board is already limited by Statute and has been since the 1970’s in terms of how much it can increase; there is already a cap on Brevard County; and he thinks the Bill is inappropriate.  He noted had the Commissioners had an opportunity to talk about it before the Delegation Meeting, he would have suggested that they be opposed to what the Bill is proposing; Representative Mayfield cannot tell them what the impacts are; he thinks it is a duty on the part of the Legislature to understand and explain; and he would like to suggest they look at a resolution for consideration at the next Board Meeting in opposition to it.  He stated it is ill-timed and ill-thought out; the County already has a cap in place; he is concerned that by not taking any action they may end up giving the wrong message; and he feels it would hurt the County at a time when there are too many things already up in the air.  

 

Commissioner Voltz advised the Board needs to be very cautious in telling the residents it does not want to put a cap on spending; she thinks it is up to the Board to decide at budget time whether or not it wants to put a cap on spending; all of the people who turned out for the meeting at the Florida TODAY said the same thing, make it fair; and the Board just needs to be very careful and cautious about how it couches that.  Commissioner Nelson noted the Board adopted a Resolution saying it supports fixing the problem; it was part of the Legislative package; the Resolution said it should be revenue neutral; and the one thing everybody can agree to is that it is broken.   He  advised  the disparity with non-homesteaded properties and homesteaded properties has gotten so great; that is what the State needs to be fixing; this is a significant effort to try and fix it but in ways that have not really been thought out; and the Board supports controlling spending.   He  noted  the  Board  said  that  to the Legislature and gave it a

Resolution saying that as well; the response is saying that the County is spending more than it is supposed to; he takes offense to that assertion; and he does not think funding the Sheriff $30 million additional over the last five years is a bad expenditure.  Commissioner Nelson advised since 9/11 there have been some significant issues; it is not the same world it was; the Board has been responsive to that; and besides the Resolution, there is also, as part of a State Law, a limitation on how much it can raise without having to go to the citizens.  He noted 10% above last year and it has to go to ballot; so there is something already in place for Brevard that does not exist in other counties; the Board wants to control spending; and he does not think this is the right solution.  He stated the solution Representative Mayfield has proposed goes too far without enough detail; he cannot even explain to the citizens what it means; and he thinks the Legislators should at least talk to the Board about these things.

 

Chairperson Colon advised folks really mean well; it is good for folks to think outside the box; but it is also important to know what the ramifications are.  She stated the Florida Association of Counties is trying its best to bring the message that when Legislature puts those kinds of restrictions on a county, it needs to really look at what is going to happen and how the quality of life for a community is affected by it.  She noted the Board has made it perfectly clear that it wants to control spending; and there is nothing wrong with inviting Representative Mayfield to come to one of the County Commission Meetings to discuss this.  Commissioner Voltz stated it is incumbent upon each Commissioner to go before every one of the State Legislators in the District and as many other Districts as it can to tell them what the Board is doing; if the Legislators understood the constraints the County is under, they would be able to come up with a far better solution; and the Board needs to be a part of that solution.  She advised she will be attending Legislative Day in Tallahassee on March 28, 2007; she encourages each Commissioner to attend; and noted if the Legislators are going to make a bill specific to Brevard County, they need to understand what Brevard County is doing. 

 

Chairperson Colon inquired if Assistant County Manager Stockton Whitten has had an opportunity to meet with Finance Director Steve Burdett to discuss recurring dollars.  Mr. Whitten replied they have not met yet, but they will; he did talk with Mr. Burdett briefly after the meeting in regards to what he thought the reoccurring revenues are for this current fiscal year that are going to come in over what was predicted in the budget; and after the reconciliation, they are going to sit down and make sure everyone is on the same page in regards to at least the current revenues that are budgeted for this year.  Chairperson Colon inquired if that meeting would be before the Board’s workshop in March; with Mr. Whitten replying in the affirmative.  Chairperson Colon noted the Board is trying its best to stay within the 3% cap; and inquired what exactly is that number; with County Manager Peggy Busacca replying staff will not know until it receives the valuations in July.   Ms. Busacca advised she sent the Board a memo on the impact of the House’s proposal to eliminate property taxes; the House estimates that would have a impact of $73 million on Brevard County; that is 29% of all of its millages; and the House does not have any estimates as to how much of that would be replaced in the event that they were to increase the sales tax. 

 

Chairperson Colon stated she knows that the Board has tried to be careful not to criticize what is going on in Tallahassee over the last few months in regards to the insurance; the Board tries its best to be a team; but the taxpayers cannot be fooled.  She noted unfunded mandates are not fair; the County funds every single Constitutional Officer; and it funds all of these things that are demanded by the State such as Medicaid, Baker Act Facilities, JDC, and all of the facilities mentioned today.  Commissioner Voltz advised the counties really supported Article V because they  thought  it was going to do one thing and it did something totally different;  she  believes  it

really messed things up when the counties thought they were supporting something that was not really that great; but other than that there are a lot of mandates that are put on the counties.  Commissioner Voltz noted the State gives the County X amount of dollars and says to spend the money where it thinks is best; but the Board does not have local control if the State controls how much it gets.

 

Ms. Busacca advised staff will be presenting the information it can develop to the Board on Thursday, March 8, 2006; staff will give the Board the best estimates that it can for the impacts of the various options; the Board can discuss then about whether it wants to stop certain activities now to start saving; and it can discuss whether it would like to notify people who are involved in the planning process for budgeting that they should anticipate certain actions during their budget plan.  She stated staff will have all of that information provided. 

 

Commissioner Nelson advised he has had the opportunity to talk with several different clubs and different groups in the last few weeks and a lot of the folks do not know this is coming; they know that there is this discussion going on about fixing taxes, but they do not know the impact; that is the scary part; and once he explains that the County cannot reduce the revenue without reducing the service, it just does not work.  He noted people ask him what he means, and he replies the County can reduce taxes but there may not be as many deputies on the road, there may not be as many parks open, or there may not be all of the other services people have come to appreciate.  He stated in his particular case, his taxes are the same this year as they were last year, so this has not impacted him, but the effects will; he may save $200 but he may not be able to go to a park; and that is when it is going to hit the fan.  He advised what truly troubles him is the Legislators will not be the ones that get the upset calls from citizens; it will be the Commissioners; it is going to be a real hollow argument to say it was the State Legislature; and he agrees with Commissioner Voltz to speak with the State Legislators.  He recommended saying these are important services the folks want, the Board should be part of the discussion, they should not do something to the County, but do something with the County; and that is what is not happening.  He noted the Board is losing the PR battle in the newspaper on a daily basis; the Board has been branded as being spendthrifts; it is so unfair; and he thinks it is time for the Board to start talking. 

 

Commissioner Bolin inquired if the 3% cap in Representative Mayfield’s Bill pertains to Constitutional Officers as well; Ms. Busacca replied as it is written today, it will only affect Brevard County government.  Mr. Whitten replied it talks about the operating budget; the point is that it is a general term, Operating Budget Brevard County government; and staff is not sure if that means Charter offices or if it excludes Charter offices or exactly what the meaning of that is.  Ms. Busacca noted also as it is written, it does not appear to impact any of the cities, which could change annexations and all kinds of growth management policies.  Commissioner Voltz stated there is a lawsuit coming from those non-homesteaded properties; and that could affect the County as well.  County Attorney Scott Knox replied that could be a large refund.  Commissioner Voltz noted it would be very large, probably multi-million dollars; the Board is getting hit from both sides; and so it is incumbent upon each Commissioner to do something.  She urged each Commissioner to go to the State Legislators and talk to them.

 

 

Assistant County Manager Stockton Whitten requested as a follow-up to the facilities action, the Board approve a Selection/Negotiation Committee consisting of Steve Quickel, the State Attorney or designee, and Mark Van Bever as the Court Administrator.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the appointments of Facilities Department Director Steve Quickel, State Attorney or designee, and Court Administrator Mark Van Bever to the Selection/Negotiation Committee for facilities space scenarios.  Motion carried and ordered unanimously.

 

 

 

 

 

 

 

Upon motion and the vote, the meeting was adjourned at 4:57 p.m.

 

 

 

 

ATTEST:                                                                                                                    

                                                                        JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK

 

 

           (S E A L)