MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 11, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 11, 2007 at 9:11 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Mary Bolin, and Helen Voltz, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Board observed the Brevard County Sheriff’s Office Color Guard.

 

The Invocation was given by Pastor Myrue Spivey, Grace Bible Sanctuary, Palm Bay

 

Commissioner Nelson led the assembly in the Pledge of Allegiance. 

 

The Board observed a 9/11 Tribute by Chairperson Colon. 

 

The Board acknowledged The National Anthem sung by Melissa Abbott.

 

Chairperson Colon commented on the tragic events of September 11, 2001; stated she had many friends who worked in the World Trade Center; and she had been in New York City the weekend before 9/11 visiting friends.  She commented on everyone remembering where they were on that day and the effect September 11^th had on the entire country. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the May 10, 2007 Special Meeting Minutes, July 12, 2007 Workshop Minutes, July 19, 2007 Workshop Minutes, and August 23, 2007 Special Minutes.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Nelson read aloud a resolution proclaiming September 13, 2007 as Commodore John Barry Day in Brevard County, in honor of his memory and in recognition of the sentiments of the Navy veterans, Irish-Americans, and the patriotic population that history be properly told. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Resolution proclaiming September 13, 2007 as Commodore John Barry Day in Brevard County.  Motion carried and ordered unanimously. 

 

 

Dwayne Lundgren accepted the Resolution on behalf of Fred Galey and the Hibernia Society.

 

 

Diane Taylor, President of the Melbourne Chamber Music Society, stated it is a non-profit organization celebrating its 30^th anniversary; the mission of the organization is the job of bringing world-class international chamber music groups to perform live in Brevard County; and the organization offers a five-concert season with performances at St. Marks United Methodist Church on A1A in Indialantic.  She noted the organization is run by an all-volunteer board; it is able to put more than 80 percent of its resources directly into the cost of its ensemble; and therefore the organization is able to get very good ensembles.  She stated the Melbourne Chamber Music Society also has an outreach program; it is committed to helping improve the musical educational opportunities in Brevard County; it is done through an educational outreach program where it commissions one of its groups to present a workshop in a local high school; and last year the organization was able to have over 150 high school students attend one of the workshops.  She noted it is a rare opportunity for students to come in close contact and interact with some of the top musicians in the world; and the organization is very proud of that.  She advised the organization is also involved in the community cultural scene by being active members in the Brevard Cultural Alliance (BCA); and it promotes other musical groups by an exchange of promotional materials.  She stated the organization recently received a grant from the County which has enabled it to get even more famous groups to attend concerts; and it also has helped to keep the subscription prices lower so that the concerts are accessible to many people.  She noted in recent years the organization has tried to attract people from outside the County to attend the concerts; the organization is a member of the Indian River Cultural Council; and it has been successful in getting people to come from Vero Beach.  She advised anyone interested in the Melbourne Chamber Music Society can visit www.melbournechambermusicsociety.com or call 321-956-8775; and season tickets as well as individual tickets are available at the door.

 

 

 

Commissioner Voltz read aloud a resolution recognizing Dr. Heidar Heshmati, M.D., M.P.H., Ph.D.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Dr. Heidar Heshmati, M.D., M.P.H., Ph.D., for his dedication and loyal public service evidenced by his receipt of the Robert D. May Award.

 

 

Dr. Heshmati stated the Robert D. May Award is a big honor for him; and he is proud to have worked for Brevard County for 25 years with a great staff and support from the County Commissioners and County Manager Peggy Busacca.  He stated he is proud to be an American. 

 

 

 

County Manager Peggy Busacca stated on Item III.D.7., staff wants to remove two words; the Item is the EMS  Request for Proposals; and staff  would like to strike the words “or inability”, so that Item 4-18 should read, “The proposer shall indicate its ability to bill a surcharge for patient transports.” 

 

 

 

County Attorney Scott Knox stated the Board directed the County Attorney’s Office to file foreclosure action against Gary Lee Taylor; there is a pending foreclosure suit that would require a substitution of counsel; and he would like to ask the Board for permission to substitute counsel from the County Attorney’s Office for Attorney Mays.

 

Commissioner Voltz inquired if Mr. Knox could explain further.  Attorney Knox stated Mr. Mays was involved in the Code Enforcement action that was assigned to the collection company some time ago; a foreclosure action has been filed, which has been inactive for a period of years; and in order for the County to pursue its foreclosure action as directed by the Board, the County Attorney’s Office needs to substitute itself for counsel.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant permission to the County Attorney’s Office to substitute Counsel for Attorney Mays concerning foreclosure action against Gary Lee Taylor.  Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough introduced Lisa Rice from the Workforce Development Board; stated he has been told that Brevard County is the second county in the entire nation with the highest percentage of engineers; and the loss of jobs at the Space Center becomes problematic. 

 

Commissioner Scarborough read aloud a resolution establishing the Aerospace Career Development Council. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to adopt Resolution joining with the Brevard Workforce Development Board in establishing the Aerospace Career Development Council to implement a successful transition of aerospace workers to next generation space activities and emerging businesses.  Motion carried and ordered unanimously.

 

 

Lisa Rice stated Brevard County is looking at anywhere from 3,500 to 7,000 people being affected by the upcoming changes at the Kennedy Space Center; it will not only affect the large companies but also people such as those delivering water to the Space Center; and the whole supply chain is affected.  She stated the Workforce Development Board looks at how many of the affected workers  are moving into the  new  emerging  businesses; and how it can help them do that.  Ms. Rice advised the Workforce Development Board also looked at the workers it knows will be going into the Constellation and other aerospace packages that should be coming to Brevard County; the organization is working with the EDC and Space Florida to help make those things happen; and it is a combination of the two pieces that are a major focus for the next three to five years.  She stated the task is monumental; the Workforce Board cannot do it on its own; it has to be done in conjunction with all of the stakeholders; and that includes the Commissioners, federal legislators, State legislators, EDC, and Space Florida among others.  She stated in looking forward at how to make the shift she wants to make sure everybody else realizes that just because aerospace is being talked about does not mean that left behind are any of the other industries in the area, or that the Workforce Board does not focus on, for instance, those people who are already unemployed today; but the mission of the Workforce Board is to try to make that connection as best it can.  She advised with the initiative, what the Workforce Board sees happening is great economic development opportunity that will bring more jobs to the area, not just for the workers who are displaced by the aerospace shift, but also for those who are currently displaced; and it is a bigger opportunity to expand Brevard County’s economy.

 

Commissioner Scarborough advised there is another meeting this Friday; Legislative Delegation Coordinator Leigh Holt has been instrumental in putting the focus on the State initiative; there is a lot of interest in Washington D.C. about the federal issue; but when talking about $25 million there is no way the Commission can do anything except be a loud voice. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Board being as loud as it can be about the aerospace industry in Brevard County. 

 

 

Chairperson Colon noted Friday’s workshop is going to be filmed by Brevard Community College.  She advised hundreds of letters were sent out by District 5 on behalf of the County Commissioners to every Congressman in the State of Florida, every State Representative, and every State Senator.

 

 

 

Commissioner Voltz stated she would like to thank the Parks and Recreation Department for a wonderful grand opening of Micco Park on Saturday morning; Commissioner Nelson and his Aide, Liz Alward were present; there was a great turnout for the opening of the park; and anyone who gets a chance should visit the park because it is absolutely beautiful. 

 

 

 

Commissioner Voltz stated she remembers in the past the Board did an evaluation of the County Manager and County Attorney; she has not seen anything come through her office for those; and inquired when the Board will see it.

  

County Manager Peggy Busacca advised typically, she meets with the Board individually in October.  Commissioner Voltz inquired if the Board will get a form; with Ms. Busacca responding affirmatively.  

 

 

Commissioner Voltz noted she will be voting nay on III.C.4.; but she is okay with the remainder of the items.  Commissioner Scarborough stated it would be beneficial for the Board do discuss Item III.C.4.

 

 

 

Commissioner Bolin stated she would like to publicly recognize Dan Kidd from Fire Rescue for thinking out of the box; Mr. Kidd provided an improvement for the County; and she thanks him very much. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution supporting the Brevard County Shore Protection Project and requesting State cost-share funding as a match for dedicated local funds.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute the Change Order to Agreement to #SJ460XA with the SJRWMD for design of the Sebastian River North Prong Stormwater Park to allow for a no cost time extension; and authorize the County Manager or designee to execute future Change Orders as authorized by policy.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute Contract with Rockledge Fiske Apartments, LLC, to guarantee the performance for infrastructure improvements for Tuckaway Drive.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the project funding recommendations adopted by the Library Impact Fee Technical Advisory Committee; and authorize staff to transfer impact fee funds for the projects to the Library Services Department.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve legislative intent and grant permission to advertise a change to the minimum dispersal distance requirement between group homes within multi-family zoning classifications to comply with State Statutes.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to award Bid B-4-07-115 in the amount of $119,000 to Jones Mechanical Corporation for purchase and installation of a sand/water separator for the South Beaches Wastewater Treatment Plan.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve $50,000 of HOME Program funds to North Brevard Charities Sharing Center, Inc.; and authorize the Chairperson to execute subsequent contracts and amendments contingent upon the approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Agreement with Community Housing Initiative, Inc. (CHI); and authorize the Chairperson to execute future amendments contingent upon the approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the County Manager to execute the Interagency Agreement with the Florida Department of Children and Families (FDCF); and authorize the County Manager to execute all future amendments, modifications, and renewal agreements contingent upon County Attorney and Risk Management approval.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the application to the Florida Department of State, Division of Library Services, for State Aid for Libraries FY 2007/2008.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute City of Cocoa Water Line and Ingress/Easement Agreement and Bill of Sale for Bernice G. Jackson Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute two Easements to Florida Power and Light Company for electrical services within Wickham Park.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute an Agreement to Amend and Extend the Agreement with G&L Laundry Centers, Inc.; grant permission to advertise and request proposals from vendors for the operation of a laundry concession;  appoint  a  Selection  and  Negotiating   Committee  consisting of Josh Henderson, Parks Supervisor III, Wickham Park; Dean Gross, Supervisor II, Long Point Park; Bruce Taylor, Parks Supervisor II, Manatee Hammock; Terry Lane, North Area Parks Operations; and Jeff Whitehead, South Area Parks Operations Manager; grant permission to negotiate; authorize the Chairperson to execute the negotiated contract for laundry concession services at Long Point Park, Wickham Park, and Manatee Hammock; authorize the County Manager or designee to execute renewal options as outlined in the Contract; and authorize the Department to include in the Contract any future Board-approved contract clauses.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute Agreement with Friends of the Enchanted Forest for volunteer services to the benefit of Enchanted Forest Sanctuary.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the submission of a $200,000 Florida Recreation Development Assistance Program (FRDAP) Grant Application to the Department of Environmental Protection for Financial Assistance for the development of Brevard Zoo Linear Park; adopt a Resolution to Amend the Comprehensive Plan to include the Project; and authorize the County Manager to execute Standard FRDAP Grant Agreement and Budget Change Request, if Grant is approved. Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Agreement with Kiwanis Club of Eau Gallie – Suntree, Inc., for the use of POW/MIA Community Center for the purpose of providing a place to hold club meetings; adopt a Resolution covering this  action; and authorize the Parks and Recreation Director to execute renewal options as authorized in the Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute the City of Melbourne’s standard Fire Protection System Agreement and standard Stormwater Maintenance Agreement for the South Brevard Senior Center and Community Center at Wickham Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve and execute a Deed of Conservation Easement within Viera Regional Park to St. Johns River Water Management District.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolutions and execute Joint Participation Agreements (JPA) in the amount of $350,000 each for Transit Corridor Grants for SR 520 and SR A1A Fixed Route Bus Service; and authorize the Chairperson to sign any follow-up documents, contingent upon Risk Management and County Attorney approval, and any budget changes.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Amendment to Agreement with National Financial Systems, Inc., extending the existing Agreement for debt collection services for an additional 12-month term.  Motion carried and ordered unanimously. 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the following actions regarding certain listed commodities and services for FY 2007-2008: solicit competitive bids, quotes, and/or negotiate competitive agreements and award to lowest most responsive and most qualified supplier; solicit competitive proposals, establish selection committee, and award contract with the best ranked  proposer and  authorize execution of the contract; exercise renewal options stated upon evaluation of supplier performance and recommendation from user departments/offices; and authorize the Chairperson to execute contracts and contract renewals over $100,000 in annual value.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the use of listed vendors of record; approve the issuance of blanket purchase orders and authorize the Chairperson to execute contracts with those vendors, exceeding $100,000; and approve competitive action in the event of unforeseen changes to the approved vendors and/or the cooperative purchasing programs.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize extending the term of the Lease Agreement with Logan Ventures d/b/a M.A.S.H. Hoagies to six years; and approve assignment of the Lease to Huntington Tobacco Pension and Profit Sharing.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve extension of The Zimmerman Agency Advertising, Web, and Public Relations Agreements for two months through November 30, 2007, with the current retainer rates remaining in effect through the extension period.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution calling for a  special  election within the  Barefoot Bay Recreation  District for  the  purpose  of voting on legislatively proposed amendments to the District’s Charter/Ordinance.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution granting Amended Petition for Regulatory Taking for Andrew and Jennifer Scheer.  Motion carried and ordered unanimously. 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant permission to advertise and schedule a private Executive Session on September 25, 2007 at 11:30 a.m. or as soon thereafter as possible in the case of Donald Zeigler v. Brevard County.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve scheduling the South Brevard Courthouse Workshop on Thursday, November 15, 2007 at 9:00 a.m.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Automatic Aid Agreement with the City of Rockledge, and authorize Fire Rescue Chief or his designee to execute renewal options; and approve Budget Change Request to allocate funding to the Fire Rescue Dispatch Program.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Agreement with the Cape Canaveral Volunteer Fire Department, Inc. for continued use of space for paramedics, EMT’s, and an ambulance at the City of Cape Canaveral Fire Station; and authorize the County Manager or her designee to execute renewal options as outlined in the Agreement.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the development and issuance of an RFP for the selection of a vendor to perform EMS patient transport billing; approve striking the language, “or inability” in Item 4.18. to read, “The proposer shall indicate its ability to bill a surcharge for patient transports……”, approved a Selection and Negotiation Committee consisting of Fire Rescue Chief, the Deputy Fire Chief, Division Chief of EMS, and Fire Rescue Finance Manager; authorize the Chairperson to execute the Agreement; and approve extending the current Agreement for EMS billing for six months, through March 31, 2008 to facilitate the execution of the RFP process.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve payment of award of $937.50 to Dan Kidd of Fire Rescue under the Employee Innovations Program.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to acknowledge the Annual Financial Audits of the Board of County Commissioners, Clerk of the Circuit Court, Tax Collector, Property Appraiser, Sheriff, and Supervisor of Elections for the fiscal year ended September 30, 2006.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to appoint Cathy Bucklin to serve on the Brevard County Commission on the Status of Women, with term of appointment expiring December 31, 2008.  Motion carried and ordered unanimously.

 

 

 

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

 

Chairperson Colon stated William Best was the firefighter who lost his life in Palm Bay; and she would like the family and friends to know they are in the Board’s prayers. 

 

 

 

Bea Polk stated she read an article in Florida TODAY; and she is very disappointed with the article it wrote about Ms. Sue Canada.  She stated before she knew Ms. Canada others had talked to her about how Ms. Canada picks up animals, loves them, and doctors them; but until she met her, she did not know how many animals she picked up.  She stated she spoke to County Manager Peggy Busacca because she had heard some rumors going around about what was going to be said in the paper; but unless someone does something about it, it is going to get out of hand; and she is sorry this got out of hand.  She stated Commissioner Scarborough knows how many years Ms. Canada has worked; Ms. Canada takes no money from anyone; and instead she will take bags of food.  She noted when her husband had cancer his dog of 18 years became sick; Ms. Canada came by the house and took the dog to have it put to sleep; and told her husband she would stay with the dog until it died; and that meant a lot to her and her husband.  She stated she had calls from hundreds of people for whom Ms. Canada has done this over the years.  She noted Brevard County does not have volunteers like Ms. Canada; most of the volunteers want to be paid for their organizations; but Ms. Canada has never asked anyone for money; and when Ms. Canada captured a cat with a $500 reward, she did not take the money.  She stated Ms. Canada was crucified on the front page of Florida TODAY because there are problems no one took care of; and the Florida TODAY needs to find out the truth about what happened instead of crucifying the one who said something.

 

 

 

Susan Canada advised she is the front-page mass murderer as stated in the Florida TODAY; any animal she has taken in to be euthanized has been humanely euthanized by County staff; the animals have been relinquished to her with clear understanding that if a cat has feline leukemia, feline Aids, or heartworms, she will have it euthanized; and she cannot adopt them out when they have those types of illnesses.  She advised she made an exception with one dog and paid for the heartworm treatment; several years ago she did the same thing for Commissioner Voltz; and those were the only two exceptions.  She stated everyone is aware she had cards filled out for a lady who could not take her cat and kittens; she could not keep them; and at the time a shelter worker said they could get the cats fostered.  She advised the shelter told her there had been a change and it could not get the cat and kittens fostered; she called the woman immediately and told her the shelter was honest enough to tell her if the cats stayed there they would probably be euthanized; she asked the woman if she would rather have the cats brought back to her house, or left at the shelter; and the woman chose to have them returned to her, which is what she did.  She stated she has always been honest and up front. She noted regarding Ms. Polk’s dog, she had two phone calls yesterday from people claiming to be the dog’s owner asking her how dare she put it down; she had never heard of the people who were calling her; and she told one of the callers they could tell a volunteer at the South Shelter she said good-night.  She stated a lot of what has come up is not because she euthanizes  animals; it is because  she came to the Board  and  reported  what had happened at the South Shelter when she went to take out a small dog that was having problems; and she does not take out of the shelters often; but she wound up crucified for saying anything about the South Animal Care and Adoption Center.  She stated she began to wonder if something was wrong with her until she read the audit by Clerk of Courts Scott Ellis; the audit confirmed everything she said to the Board; when she met with the Director of Animal Services he told her there would be a lot of fighting amongst the rescue groups; and she informed him rescue groups do not fight.  She stated the next thing she knew she was crucified by one of the rescue groups; she has had false calls at her home to Animal Services, taking up their time; and she has had feces and urine at her door and animals dying all over.  Ms. Canada stated when Animal Services came out to investigate the anonymous calls, there was nothing wrong with her house; an investigative reporter was sent out to her neighbors telling them there were Animal Service complaints against her; and her neighbors had no complaints.  She stated the reporter did not tell her neighbors the complaints were unfounded; she called the reporter and found out she knew nothing about animals; and she sent the reporter the complaints on her and showed that they were unfounded.  She stated she asked the Animal Services Director to correct things; and she also called Ms. Busacca several times concerning what had happened.  She noted when she spoke to the Board previously about the South Animal Care and Adoption Center, the worker had lied to the Board; the worker said the reason Ms. Canada could not get the little dog was that her paperwork was not in until ten days later; and she advised the Board to look at the date on the top of the fax.  She stated she took the reporter to the South Animal Care and Adoption Center and showed her a small toy breed that had not been scanned; it had already been there two or three days; and she wrote down the number.  She stated she showed the reporter where a male and female dog were together; she showed where the toy breeds, the sick, healthy, stray, and owned, were all together; and the shelter worker responded the Center does not have time to scan them all, and it is the owner’s responsibility to get their pet back.  She stated some things are wrong and some things are correct; but she is not getting crucified or taking threats for her animals anymore; and she is not going to have her grandson threatened anymore.  She advised her grandson’s picture never should have been in the paper; and one employee from the South Animal Care and Adoption Center has been kind enough to call at times and let her know about something before it happens.  She stated something has to be done to stop the volunteers; one of the volunteers actually wrote in a blog that she was stealing peoples’ pets and taking them to the shelter to be euthanized; she has never stolen anything; people are more than welcome to look at the cards; and she did not sign them all; but if she has found a stray, they have been at the shelter.  She stated she does not steal peoples pets; she gets more phone calls than she wants; but she blames  a lot of it  on County staff  because  they  instigated a  lot of  the problems;  they did not explain anything to any of the other rescue groups; and all they did was try to prove she was not credible in order to shut her up. 

 

Chairperson Colon stated she is sorry for what Ms. Canada is going through; she has personally witnessed rescue groups fighting in her office; rescue groups are very passionate about this issue; and she is saddened about the fighting going on.   She stated all of the rescue groups want to do the right thing and protect animals in Brevard County; and she is sorry all of this is being played out.  She advised there are always two sides to every story; and she thanked Ms. Canada for all that she does.

 

James Conway stated he is present to notify the Board that last night, the Brevard County Firefighters overwhelmingly rejected the offer set forth by staff; the firefighters feel it is unfair; a wage study has been completed; and as far as he knows, every County employee is receiving either at Cody or above Cody wages, except for the 430 firefighters.  He stated he would like the Board to request staff go back to the table and offer the firefighters a fair wage.

 

Chairperson Colon inquired if Mr. Conway stated every County employee is getting a wage increase; with Mr. Conway responding he is under the impression that every County employee is either at or above Cody’s recommendations of a minimum salary, with the exception of the firefighters, who have never received it.

 

Chairperson Colon inquired if Item IX is the same collective bargaining unit as the firefighters, or if it is another one.  County Manager Peggy Busacca responded Item IX is on the LIU, not the firefighters.

 

Commissioner Scarborough inquired if the Board should move for an executive session on the issue of the Firefighters Union; with County Attorney Scott Knox responding the Board can certainly do that if it feels like it needs to talk about it.  Attorney Knox advised Mr. Abbate has been handling the negotiations on that, but he suspects he will ask for that in the future.  Commissioner Scarborough stated he would like Attorney Knox to touch base with Mr. Abbate; and he will not make a motion until he does that. 

 

Commissioner Voltz stated her office has gotten quite a few complaints about Animal Control; and besides the Clerk of Courts audit, she is wondering what the Board is doing to respond to some of the issues.  Chairperson Colon inquired if Commissioner Voltz has met with Animal Control Director Craig  Engelson;  with  Commissioner  Voltz  responding  not  on  this issue.  Chairperson Colon stated Commissioner Voltz may want to do that, as the rest of the Board has already called Mr. Engelson and met with him.  Commissioner Voltz stated she does not remember getting a copy of the audit.  Ms. Busacca stated she can schedule a meeting with Commissioner Voltz and Mr. Engelson. 

 

 

 

Chairperson Colon called for the public hearing to consider resolution adopting Barefoot Bay Water and Sewer Rates, Fees and Charges. 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, convening as the Governing Body of the Barefoot Bay Water and Sewer District, to adopt Resolution amending Resolution 05-002, Rates, Fees, and Charges within the Barefoot Bay Utility System.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider resolution adopting Countywide Water and Sewer Rates, Fees, and Charges.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending Resolution 05-228, Schedule of Rates, Fees and Charges for Water, Sewer and Reclaimed Water, including systems located in South Beaches, Merritt Island, North Brevard, Port St. John, and the South Central Services Area, and Resolution 06-141, Schedule of Charges for the Treatment and Disposal of Septage.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the first of two public hearings to consider ordinance amending Zoning Code to include Child Care as permitted use and removing it as conditional use in the BU-1 zoning classification.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to move the proposed ordinance to the second public hearing scheduled for October 4, 2007 at 5:00 p.m.  Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider Ordinance permitting minor structures located east of Brevard County Coastal Setback Line (CSL). 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance amending Chapter 62, Article XII Code of Ordinances of Brevard County, Florida, relating to Coastal Setback and Control Lines specifically amending Section 62-4213, Permitted Structures Seaward of Coastal Setback Line; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code and effective Date.  Motion carried and ordered unanimously. 

Chairperson Colon called for the public hearing to consider ordinance granting Economic Development Tax Exemption for Globe Wireless, LLC. 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance granting an Economical Development Ad Valorem Exemption to Globe Wireless, LLC, 1571 Robert J. Conlan Boulevard, NE, Palm Bay; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Globe Wireless LLC; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider ordinance granting Economic Development Tax Exemption for Cabinet Designs.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Cabinet Designs, 2.11 acres of parcel number 25-36-15-00-00257.0-0000.00 at N. 150-ft of SW ¼ of NW ¼ exc. ORB 3484 PG 4941 & Rd. R/W, Rockledge, Florida; specifiying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Cabinet Designs; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider ordinance granting Economic Development Tax Exemption for Rockwell Collins, Inc.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Rockwell Collins, Inc., 795 West Nasa Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Rockwell Collins, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve First Amendment to the Participation Agreement with the St. Johns River Water Management District for transfer of interest in Chain of Lake Park Expansion Parcel to the District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to bid and award to the lowest qualified responsive bidder; and authorize the Chairperson to sign the Contract to construct the CDF Fuel Tank Addition.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, convening as the Governing Body of the Barefoot Bay Water and Sewer District, to adopt Resolution adopting a budget for Fiscal Year 2007-2008 for the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, convening as the Governing Body of the Barefoot Bay Water and Sewer District, to authorize the Chairperson to execute a Contract for Sale and Purchase and Declaration of Non-Exclusive Irrevocable Easement upon final approval of the Contract for Sale and Purchase documents and the title policy by the County Attorney’s Office; and approve and authorize the Chairperson to sign an amendment to the Agreement reflecting the payment of the costs associated with purchase of the easement by Cumulus Media, Inc., abatement of rental payments, and adjustment to the language requiring that tower lighting comply with County Codes to clarify requirement upon approval of final agreement by the County Attorney’s Office.  Motion carried and ordered unanimously. 

 

 

Marlene Adams stated she is unhappy with the Fire Assessment; she noticed on the County’s website the County Manager promises to the people that staff is committed to ensuring that County Government is user friendly and continues to incorporate e-government into the service delivery systems; and another County Department states it is committed to providing high quality services and that customer feedback is critical to success in meeting this goal.  She stated the public does not trust the Board; it has been a year since the Board has passed the very unfavorable assessment with empty promises; and nothing has been done.  She noted she visited with a couple of Commissioners in the last couple of weeks; and she was told that with all of the legislative cuts she is not going to get the attention of the Board.  She stated it does not look like the public is going to see anything happen over the next few years either; and yet the Chamber was filled last August and the Board received mountains of mail and phone calls against the very unfair tax.  She stated it is like the Board goes through the motions; the public stands in front of the Board and speaks; and the Board passes the assessment anyway.  She stated it seems as though it has been pre-planned; when she researched the assessment from last August until this August she realized that is exactly what the Board does; the Board goes through all the ugly details; but when it is ready to face the public the decision is already made; and inquired if that is really serving the public interest.  She stated she would like to paint a picture of how the Board served the public in the last year; after researching all of the events that led up to the assessment, then to the last meeting’s vote to continue the very unfair assessment, she is more than disappointed with everyone involved; but the Board does not seem to care and is not listening.  She stated the Board is not allowing itself to be user friendly so the public can give input and know it really matters; in February 2006 the Board issued and passed a half-baked intent to replace the EMS tax, if it was found illegal, with a fire tax; buried in that was that the Board was going to redo the way it funds fire; and it was going to be $212.00 or $276.00 per resident.  Ms. Adams stated she has never gotten an answer to the question of where the $212.00 and $276.00 comes from; there is a half broken-down trailer being assessed $212.00; a 10,000 square-foot mansion is getting assessed only $64 more; and that is not fair and nothing has been done to fix it.  She noted not only does Marion County have a very fair assessment, it has square footage rates of .17 cents for commercial, a certain amount for mobile homes, et cetera; Marion County also has a way to help low income citizens pay the tax; and the non-ad valorem assessments are not subject to exemption for non-profits and churches.  Ms. Adams inquired why non-profits and churches get an exemption when they get the same service; and stated that exemption would help offset what the residents are paying.  She stated another unanswered question is if it takes twice the resources to go out on a 3,000 square-foot house fire call as it does to got out on a 2,000 square-foot house fire call, why is that fee not twice as much; and noted it is only a $64.00 difference.  She stated the Board knows the Fire Assessment has put a great burden on some people; yet she is told it is not going to be fixed for several years; and inquired why not, as it would have been simple to fix the calculation.  She stated if the cities are added today, it will make the mess worse; it will be adding more money into the assessment; the Board should have reduced the $212.00 by $5.00 because that was what was subsidizing the low income citizen; but the Board did not do that; and the fee was originally $207.00 and now it is $212.00.  She stated the low income residents are not going to get a break; the Board knew that in February; and inquired if the Board notified the low income residents in February.  She stated when the Board brings in the cities, it is going to be adding to the revenue; she has not been answered on whether the assessment is revenue neutral; she has only had one of the Directors give her straight answers and she appreciates his thoroughness; and that Director is Euripides Rodriguez and the Board should be proud of him.

 

Fire Chief Bill Farmer stated he believes the Board has been copied on the various emails between himself and Ms. Adams; and he has answered the questions to the best of his ability.  He stated in regards to this year, if Fire Rescue were to apply the millage rate of 2.2035 to the taxable values this year it would bring in $37,855,568; between the assessment and the MSTU, it is $37,273,160; that means the 2.2035 assessment would have brought in $582,000 more; and that is more than neutral. 

 

Commissioner Scarborough stated Commissioner Voltz has commented on this issue over the last couple of months.  Commissioner Voltz stated it might be revenue neutral for the County; but it was not revenue neutral for the citizens; and she thinks it needs to be clear in that some people got a tremendous break on their property taxes because the 2.2035 mills decreased their property taxes tremendously based on what their assessed value was.  She noted there were quite a few people in Brevard County who got a tremendous tax break from this issue; the people in Barefoot Bay got a tremendous increase because the assessed values of their properties were low; and she remembers the Board talking about fixing it last year in hopes that all the fire codes would be looked at.  She stated she was under the assumption the Board would be addressing that this year; she believes she heard Chief Farmer say at the last Commission meeting that if the Board was going to do anything, it should have been done by January; and she knew she mentioned the Board was going to supposedly talk about it in April, but it was taken off of the Agenda.  She noted Chief Farmer stated even if the Board had talked about it in April, it would have been too late because something was supposed to have been done in January.

 

Chief Farmer stated there was a miscommunication, and he apologizes for that; but had the Board discussed it in April there would have been enough time.  Commissioner Voltz stated with that in mind she knows that today the Board is just incorporating the three cities into the assessment; she thinks the cities should be included in the fire assessment; and she is going to support the item; but all along she has been upset because she knows if letters had gone out, the audience would have been full of the people who felt as if the tax is unfair.  She stated she is very disappointed in the fact that was not done; the Board needed to do the right thing; and the right thing would have been to address some of the issues.  She stated at this point she understands because of the valuations and the new tax structure the County is not going to be able to move up some of the assessments to the top part of the assessments, or taxes, on the tax bill; and she is very disappointed the Board was not able to do something.  She stated had she known April was the timeframe she would have come to the Board; but it is too late to do anything about it now.  She advised she does not know if there is anything the Board can do for next year but she would certainly like the Board’s authority to look at that fee to see how fair it is to everybody.  She stated the document submitted by Ms. Adams states, “Those property owners whose total family income falls within the federal poverty guidelines adopted by the Marion County Board of County Commissioners may possibly qualify for help in paying the Countywide  Fire  and  Waste  charge  only  in  the upcoming current tax year”; and she thought when the Board looked at that last year it was informed that it was not legal for the Board to do that. 

 

County Attorney Scott Knox stated that is what the Attorney General told the County Attorney’s Office; but he would be happy to look into the Marion County situation for the Board.  

 

Assistant County Attorney Morris Richardson stated he has looked at other counties that offer low-income assistance for programs like this; the basic difference is they did not have a Clerk of Court asking for an advisory opinion from the Attorney General; and those have not been challenged.  He noted some of them are similar to what Brevard County did; and based on the Attorney General’s opinion, assuming the Attorney General is right, it would probably not withstand judicial scrutiny. Commissioner Voltz stated it was her understanding the Board actually did not get the Attorney General’s opinion; but it got an opinion from someone else in his office and it was not an actual opinion. 

 

Attorney Knox advised what the Board received was an informal opinion from the Attorney General; with Commissioner Voltz inquiring if the Board can get a formal opinion.  Attorney Knox stated the Board can ask for one; but perhaps the Attorney General was saying he did not want to give a formal opinion because the Board may not like it. 

 

Commissioner Voltz stated she thinks a lot of what Ms. Adams said is correct; the Board should have done a better job this year than last year; and she knows no one wanted a room full of people; but that is the job of the Board. 

 

Commissioner Scarborough stated what Ms. Adams said was what three of the Commissioners had said; what the Board tried to do did not work; but sometimes with the law, one has to make the law work by thinking creatively; and he would like to have a report back and have the two Commissioners who were not involved to understand how the Board got to where it is; and where the Board is, is wrong.  He stated it is essentially incorrect that a person who has a 10,000 square foot house has a  tax reduction  and someone who is marginally living in a trailer has an increase; and it is not the way the Board should be handling health and safety.  He advised that is what the County Commission did; it did not do it because it wanted to; but by the same token, to say one does not like something is going to take a commitment that the Board is not happy where it is and it wants to do things to change that. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to provide a preliminary report to the Board and advise the two Commissioners who were not on the Board of the full implications of what occurred.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson inquired if the Board did not do that at its last meeting; with Chief Farmer responding the Commission did; and staff has been working on options.  Chief Farmer stated he agrees there should be a timeframe on it. Chairperson Colon inquired how long Chief Farmer will need; with Chief Farmer responding staff would be ready by the second or third week in November.  Commissioner Nelson stated  he would rather ask for the exception; and he thinks a preliminary report in October would be good and then the Board can guide staff and cut out some of the research it feels it may have to do.   Chairperson Colon inquired when is the last meeting in October; with Commissioner Nelson responding October 23, 2007. 

 

Attorney Knox stated one thing the Board may want to look at, if it can get the Legislature to go along with it, is a change to the law to provide for that kind of low income exemption. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to immediately contact the Legislative Delegation concerning changing the law to provide for low income exemption.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance amending Ordinance No. 06-045 of Brevard County, Florida; including the Town of Melbourne Village, the Town of Palm Shores, and the City of West Melbourne in the previously established Municipal Services Benefit Unit (MSBU) for the imposition of a Fire Service Special Assessment on real property; ratifying, confirming and incorporating Resolution 07-051, Fire Service Special Assessment Rate Resolution 07-194, and Fire Service Non-Ad Valorem Special Assessment Roll Resolution 07-195; and providing for an effective date.  Motion carried and ordered unanimously. 

 

 

Clerk  of  Courts,  Scott  Ellis  stated this item actually deals a lot with Item III.C.4.; and he is not sure  if  the  Board  wants  to discuss one now  and one in two or three hours, versus discussing them  together.  Chairperson  Colon  stated  the  two  items could be discussed together; but the Board has pulled Item III.C.4.; to the end of the meeting.

 

Mr. Ellis  stated  the  Board  has two  mutually exclusive  options;  if  it  adds  to  the  courthouse it adds 120,000 square feet of building space; if the State Attorney and Public Defender are over that, it opens up 40,000 square feet in Viera; and if Building D and Building E are emptied, the Board does not need to buy another building for the Sheriff.  He advised if the Board buys the building for the Sheriff and puts up a smaller building for the State Attorney, then it does not need to do the courthouse expansion.  He stated the Board discussed a master space plan at a previous Workshop; he is concerned that the Board is buying the building for the Sheriff; then it is going to add to the courthouse; and then it will be left with 100,000 empty square feet.  He noted the two issues are very much tied together; if the Board is adding to the Courthouse, it is going to move the State Attorney and the Public Defender there based on what has been said previously; at most, that is 60,000 square feet out of the 120,000 square feet in the courthouse; if the Board empties Building D and empties the Public Defender from Building E, that is 40,000 square feet; and that is double what the Sheriff is looking for now in Rockledge.

 

Tom Jenkins, Chief Financial Officer, Sheriff’s Department, stated Sheriff Parker apologizes for not being present; and the Sheriff is at a mandated continuing education program that is put on by the State.  He advised in May the Board considered this item and directed that the acquisition be brought back after the budget deliberations had been concluded; since then a good thing has happened; and a bad thing has happened.  He stated the good thing is the Sheriff’s Office was able to negotiate with the seller to reduce the price ten percent, which gets it down to the appraised value for  the  building, which the Sheriff’s Office believes is a good thing; the bad thing is the School Board is trying to buy the building; they were ready to make an offer on it right before the Sheriff’s Office did; and there was a sense of a need to follow through in order to avoid losing this particular building.  He noted the same terms and conditions apply as before; the Sheriff’s Office will use the inmate telephone revenue to fund both the purchase and the operating expenses; that will allow the Sheriff’s Office to purchase the building in the most expedient way; and that is use of commercial paper.   He stated he knows there has been a recent Supreme Court decision regarding commercial paper by using ad valorem taxes; but it is important to recognize that the Resolution the Board uses for commercial paper specifically states covenants to appropriate and budget other than ad valorem revenues; the court decision was dealing with property taxes; and he is not suggesting using property taxes to pay for the building, as the Sheriff’s Office would use other revenue sources.  He stated he is here today to ask the Board to proceed with the acquisition; the lab currently being operated for the Criminal Investigations Unit is in what he would describe as a garage or warehouse behind the Merritt Island Service Complex; and Sheriff Parker has identified it as his number one priority.

 

John Denninghoff, Transportation Engineering Director, stated the item is virtually identical to the item that was brought to the Board in May; the exception being that the purchase price on the vacant has come down to the average of the two appraisals that were obtained; but the financing mechanisms and terms are the same as they were at that time; and the situation with the School Board is better identified now than it was previously.  Chairperson Colon inquired exactly who would be going into the expansion; stated Court Administrator Mark Van Bever made it clear there is an issue with the State Attorney’s Office and the Public Defender’s Office; and that is regardless of whether judges are coming or not.  Assistant County Manager Stockton Whitten stated the Board authorized expansion of the Courthouse up to 120,000 square feet; and the majority of that space is being allocated to the State Attorney’s Office; but that is predicated on the County receiving two judges, or possibly four judges.  He noted if that is the case then there is less office space that can be dedicated within that 120,000 square feet and more that has to go to the judicial space; but as currently proposed it is up to 120,000 square feet with a major portion going to the State Attorney and one floor for two additional judges. 

 

Commissioner Nelson stated he passed out pictures of the crime lab; and he does not think there is any question that there is a need for a new one.  He advised he understands Mr. Ellis’ point, but he does not think the square footage adds up; and his recollection was that there was enough space to move the State Attorney and build the courtrooms; and then the Public Defender would have space available in Building D.  Commissioner Bolin noted Mr. Ellis stated the Board may have more room than it needs on the Government Center campus; and inquired if the Board can also look at the possibility of bringing in some satellite rental locations.  Mr. Ellis stated the State Attorney currently sits in approximately 30,000 square feet; that is 30,000 square feet out of 120,000 square feet; four judges would be two more floors; and that still leaves 60,000 square feet for the State Attorney and Public Defender.  He stated it is a huge amount of square footage the Board gets with the Courthouse expansion; 120,000 square feet is a lot of space; the first floor cannot be used for judges because of security reasons; and the first floor of the expansion is equivalent to the State Attorney’s building now. Commissioner Bolin stated she was referring to Buildings D and E and if there is space there to pull in some of the different departments of the County that have been sent out into satellite locations because there was not enough  room; and that is what  she  was referring to that the Board is paying rent on.  Mr. Ellis advised the Board is looking at 100,000 empty square feet if it buys this building and expands the Courthouse. 

 

Commissioner Nelson stated he feels the Board is comparing apples and oranges; he does not think it is 100,000 square feet; if the Board buys the building the Sheriff will utilize it; but that is mixing in the question of the State Attorney and Public Defender as he sees it.  He noted the government center campus was originally supposed to have growth space; and that left in short order and a lot of departments ended up getting moved out.  He stated one concern he heard was the cost of renovation; much of the cost is in the holding cell area, which is a hardened area; that is taking a design that is has not been utilized; and that is the biggest chunk of any renovation cost that comes with the deal with the Sheriff where he is going to have to tighten up for a period of time until such time as additional space becomes available.  He stated it is poetic justice in having the prisoners, in effect, pay for the facility that is going to be the cause of them being in jail; having the prisoners’ fees used for that purpose certainly is not an ad valorem source which gets the Board past the issue of the most recent opinion of the State Supreme Court; and he would move that the Board purchase the building. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to purchase the building.

 

 

Commissioner Scarborough inquired what other properties were compared; with Mr. Whitten responding the only properties staff has looked at in terms of lease space are for the Public Defender.  Commissioner Scarborough advised he is referring to the lab in particular; with Mr. Whitten responding staff has not looked for other properties for the Sheriff’s lab needs.  County Manager Peggy Busacca stated the Board had a brief discussion about Merritt Island with the Property Appraiser having moved out; and she knows that representatives of the Sheriff’s Office originally had discussed that with some interest.  Mr. Whitten advised the Property Appraiser has relocated some field staff on the first floor of the Merritt Island Service Center; and the Sheriff did not look at that property.   Commissioner Scarborough stated if he had a business and was going out to buy property he would look at everything that is available; and even though the Board seems to be going over the little budget hump fairly decently there is a continuing need to be very cautious.  He stated he is concerned if the Board can get something for half the price that serves the purpose that is something it needs to consider; this item went away and then came back on the Agenda; and he was not briefed to extent as to the methodologies used.  He stated there is a motion on the floor; and if there is a consensus to proceed he will not be supporting the motion because he would like to see an analysis of comparable properties before he votes.

 

Chief Jenkins stated the Sheriff’s Office has been looking for space for several years; it first looked at a building in Titusville; but that transaction did not materialize.  He advised the Sheriff’s Office then looked at the Excel Building in Rockledge, which was larger and more expensive; the Sheriff’s Office prefers to be in the central part of the County; and it would prefer to be on the mainland as the Department has to cover the entire County.  He noted the Sheriff’s Office has looked at a number of different buildings throughout the County; and in looking at the condition of this building, the price, and location, it is an outstanding selection for the Criminal Investigations Division and the Crime Scene Laboratory.

Commissioner Bolin advised she went on a tour of the building; and it is an excellent building.  She stated she wants to make sure the Sheriff’s Department and the Board have a good understanding; and it is her understanding the money being used is from the calls that inmates make; with Chief Jenkins responding affirmatively.  Commissioner Bolin inquired if that is unrestricted money; with Chief Jenkins responding affirmatively.  Commissioner Bolin stated she is sure Sheriff Parker has a long list of all the projects he wants to have in his Department; and it is her understanding he has decided this has the highest priority; with Chief Jenkins responding affirmatively.  Commissioner Bolin stated she would like to go on record stating Sheriff Parker chose to do this versus the meth lab team that was presented to the Board; and that he has made the choice that the money shall go towards this project versus sending to the Board next year at budget time the things that remain on his list.  Chief Jenkins responded yes; in the budget submitted for next year there were not a lot of program changes unfunded or otherwise; and Sheriff Parker has been very conservative in submitting his budget.  He stated the Brevard County jail has been a financial drain on the Board for several years; the Sheriff recognizes that; and as a result the Sheriff has tried to cut costs and be fiscally prudent everywhere he can in every other aspect of the operation because he knows the Board is bearing this significant financial burden for funding for both the construction and ultimately staffing the expansion to the Brevard County jails.  He advised he thinks the Board will see very conservative financial planning from the Sheriff’s Office as it has in the past.

 

Commissioner Nelson inquired if the Board moves forward with this, does that put it in a position to move forward with the Public Defender sharing of Building E; with Chief Jenkins responding affirmatively.  Commissioner Nelson stated from the perspective of being in the building that is the alternate location, which would be putting the crime lab into the Merritt Island Complex, he has some concerns about that and blocking off all of that building; it does not work in terms of traffic flow; the parking is in the back; it will have to be blocked off because the Sheriff needs to have security; and there will be just one little corner of the building that is going to be associated with public use.  He stated the other issue is the Health Department; he has been approached by the Health Department about the possibility of some of that space because they are scattered throughout their realm at this point in time; and they would like some of that space.  He noted his perspective is this solves several of the issues the Board has before it, or at least begins to move it down that road.

 

Commissioner Voltz advised she agrees with Commissioner Nelson that it is two separate issues; the money the Sheriff gets in his budget should be all about his priorities, not anybody else’s; and when the Board gives the Sheriff money he tells it what he is going to do with it and the Board assumes he does it.  She noted the previous Sheriff did not do that; she appreciates the fact that Sheriff Parker has done that; and she hopes that continues.  She advised she would like to see the item passed; it is important for the community in that solving the cases is important; and protecting items that have been involved with crime scenes and she thinks that is a good thing; but she does not support the Courthouse. 

 

Chairperson Colon called for a vote on the motion; and it passed with Commissioner Scarborough voting nay. 

 

Commissioner Scarborough stated he would like to go on the record in that he recognizes the need for a new crime lab; he recognizes Merritt Island may not be the adequate place; and he is concerned about moving cautiously with any expenditure in excess of $2 million.  He stated he would have preferred to have had his opportunity to view all potentials because the market is going south and there is continually new opportunities; and that is his only reason.

 

Commissioner Nelson inquired if the Board can get a report from staff because he would like to clarify the numbers; he thinks the issue of the Hydro Aluminum building is a different issue than what the Board is talking about with space; and he would like to see a report on the space because he thinks it has ramifications for the item the Board is going to discuss with the courts.

 

 

Scott Ellis, Clerk of Courts, stated based on the recent Supreme Court ruling, it is likely that using commercial paper for canal dredging will be illegal.  He advised the purpose for getting an opinion from the Attorney General is so the Board can avoid being sued later under a class action lawsuit and have to refund the money; that is what happened in Palm Bay with the $97 road fee; Palm Bay was sued; and the money had to be refunded; however, people only got back two-thirds of their money and the other one-third went to the attorney.  He stated he would advise the Board in the exact wording of what is written, “That which may not be done directly may not be done indirectly.”  He stated commercial paper for one year is truly a short-term note; if commercial paper is rolled over it turns into a long-term note; and the Board is paying this directly with Road and Bridge MSTU, which is a property tax.  He stated he is there to give the Board the same warning he gave it on the Fire Fee and the EMS fee in 2002; the Board can move forward what it chooses to at the risk of having to refund money in the future if it if found to be illegal. 

 

Commissioner Nelson stated he agrees with Mr. Ellis; and he does not think a motion is necessary on this item.  He stated the Board can figure out some other way of trying to resolve the issue. 

 

Commissioner Scarborough inquired if County Attorney Scott Knox would be giving the Board any additional information; with Attorney Knox responding he has been in contact with the Bond Council; and he thinks they share Mr. Ellis’ opinion as well.

 

Commissioner Nelson stated he and Transportation Engineering Director John Denninghoff will figure out another way for it to happen.  Commissioner Scarborough stated it has profound impacts on the way the Board thinks about things. 

 

Chairperson Colon inquired if the Board has to take action on the item; with Attorney Knox responding it can be withdrawn.

 

 

 

Chief Tom Jenkins stated what the Sheriff’s Office is looking for is legal remedy; it is asking the Board have the County Attorney take a look at the issue.  He advised the Sheriff has received complaints from parents that court-designated sexual predators and offenders are going onto school sites to vote; and the Sheriff’s Office is questioning whether or not they can be restricted in their voting mechanism to absentee, or early voting, so they are not required to go onto school campuses.  He noted there has been some discussion by the School Board to have holidays on a couple of the elections but not all of them; even if the schools are closed for classes that day it does not mean that students would not be on campus for another reason; and the Sheriff’s Office thinks it would be advisable to find an alternative voting mechanism for those folks that still have the right to vote and have been court designated as offenders and predators.

 

County Attorney Scott Knox stated his office has already looked at the issue; only one case in the Country could be found on this particular issue; the federal court threw out an ordinance in that case; but Brevard County’s circumstances are somewhat different because it allows everybody to do absentee ballots in Florida; and it also has a location where it can vote, in which the County can restrict where these people can vote.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to direct the County Attorney to research the Board’s legal authority to require court designated Sexual Offenders and Predators who have not lost the right to vote to cast their ballots utilizing Early Voting or Absentee Ballot voting.  Motion carried and ordered unanimously.  

 

 

Commissioner Nelson inquired why the State Supervisor of Election has not dealt with this issue; with Chief Jenkins responding the local Supervisor of Election has tried five times to get a response from the State; and the Sheriff’s Department decided to come to the Board to see what it can do.  Commissioner Nelson inquired if the Florida Sheriff’s Association weighed in on the issue; with Chief Jenkins responding he is not aware of that.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to send a letter of concern to the Governor and Delegation.  Motion carried and ordered unanimously.

 

 

Chairperson Colon stated the Board needs to send a clear message; sexual predators will find any way to get around the system; and the Board would be happy to help out in any direction.

 

 

Melloney Boyd stated she is trying to get some Quit Claim Deeds recorded for road rights-of-ways that are located in West Canaveral Groves; she expected it to be an easy process; she started about a year ago; and there seems to be a new road block she is not aware how some of the residents and other representatives for West Canaveral Groves feel that accepting the deeds will create some kind of development explosion in the area.  She stated she sees the Board has accepted these deeds over many years without issue; she is not sure everyone who submits a request is planning to build anything anytime soon but it does eliminate a huge obstacle for land owners, so they do not have to plan on a one-year lead time in order to get deeds recorded; and her request is for the Board to accept the Quit Claim Deeds for the rights-of-way.  She stated she understands part of the Community Development Block Grant has been frustrated for the last two years because they have also told the residents that live there that they cannot proceed with spending any money that they have to bring in water and other amenities until the residents deed their rights-of-way to the County; and she is trying to do something she thought the County would like her to do.

 

Assistant County Manager Mel Scott stated on May 8, 2007 the Board was prompted to accept rights-of-way deeds in the West Canaveral Groves area and tabled that; since the tabling has occurred staff has met with various residents in West Canaveral Groves and gone over the neighborhood action plan.

 

Len Beckett stated he is the Government Relations Committee Chair for the West Canaveral Groves Homeowners Association; and he would introduce himself as the opposer.  He stated the Association asked the Board at the May 8, 2007 meeting to consider what it is doing with regards to accepting the deeds in West Canaveral Groves; and there are some serious issues in West Canaveral Groves that have been basically brewing for 50 years without proper attention from the County.  He stated the West Canaveral Groves Homeowners Association created, out of the CDBG program, a neighborhood action plan that the Board approved; for three years nothing in the plan was addressed; the issue was forced to look at the plan; in a meeting on August 13, 2007 there was a status report of where the County sits in regards to the plan; and the  commitment to  the plan  has not  been met.   He  stated not  one  item  has  been accomplished since the Board approved the plan; there have not been any meetings with any department to accomplish goals for the departments; there are serious infrastructure problems in the area; and there are mitigation issues with St. Johns River Water Management District.  He advised if the Board chooses to accept the right-of-ways and quit claim deeds the County will then be liable for maintaining the road in its current condition; St. John River Water Management District may require immediate mitigation, which is not required for a private homeowner.  He noted if the County cannot maintain Satellite Boulevard to a County dirt road standard which is the only road the County owns in WCG, why should it take possession of the right-of-way on any of the side roads.   He stated the request for accepting a Quit Claim Deeds for the right-of-ways was tabled until staff fulfilled an obligation to start working toward the goals set forth in the action plan; to date, no action has occurred, only a status report has been obtained; on August 13, 2007 the commitment was not met as Ms. Boyd asserted in her request; and it was only a status report with the commitment to move the community toward the goal set forth in the plan.   He advised the status report does mention issues of right-of-ways being necessary; however, the right-of-ways being mentioned in the staff report for the waterline Ms. Boyd is referring to were not right-of-ways to the County as they were right-of-ways to the City of Cocoa who is the water provider; and that has nothing to do with the County.  He stated Ms. Boyd’s assertion that Road and Bridge has made it clear the County would not build or improve the road somehow relieves the County of any financial burden is also misguided due to the fact that if the County owns the right-of-way then it is responsible for the maintaining of the road in its current condition and the liability issues.  He stated Ms. Boyd and others claim they are aware that the cost of the road improvements will not in any case be the burden of the County; however, they have a dastardly plan to make other homeowners bear their cost of developing their properties through the MSBU and MSTU process; and because they cannot get all of the Quit Claim Deeds necessary to proceed they plan to get, or may already have, enough to force an MSBU or MSTU vote to make everyone pay for the development cost realizing this will only work if the County owns the right-of-way.  He stated before they apply for their permits again they hope to have forced an MSBU or MSTU on their neighbors to have the road improved and they have saved hundreds of thousands of dollars and everyone else has to pay for it; Mr. Batchelor has already stated for the record he thinks everyone else should have to pay for his road; Ms. Boyd has stated to him that she wants to take the power away from the property owners to decided whether or not the road is going to be improved; and one property owner should not be able to stop another from developing their property.  He stated he would encourage the Board that if it wants to accept the Quit Claim Deeds for the right-of-ways maybe there should be conditions such as not accepting the right-of-ways until the road is complete.

 

Chairperson Colon stated the history of the issue goes back before the majority of the current Board was serving; and it is important for the Board to understand why it is voting for or against something.

 

Mr. Scott stated even to the casual observer it is obvious to see there are no easy answers to the community; there have been decades of analysis; and staff has done a good job of boiling the issues down to their essence; but once that is done the problem is still there that was originally faced with.  He stated the area is rural and unique in the sense it was platted a long time ago; but ownership of the lots come to the center of the road.  He advised Satellite Boulevard is the main spine of the community, which is a dirt road; but this is not the only instance seen occurring in the County; and staff also recognizes Satellite Boulevard does not always perform 200 –year flood plain standards.  He noted Satellite Boulevard flooded during Hurricane Wilma, which was not a 100-year event in all places; but there had been so much rain leading up to that storm, that there was over one-foot over water over some places on Satellite Boulevard.  He stated there is the desire for the rural lifestyle being preserved in WCG, yet it is set  up in one-acre lots which sets itself up for more of a suburban landscape if it were to be completed.  He advised staff has identified there is a lack of economy of scale there to tackle some of the financially based issues such as the availability of potable water; staff has gotten estimates from the City of Cocoa as to what it would take to run the water main down Satellite Boulevard; and it is a multi-million dollar endeavor with very few users currently able to make that work financially to the point where the County would be faced with a main water line constructed without enough users off of it the line would have to be flushed and waste tens of thousands of gallons of water that just sat there and not used.  He stated it is typically for the Board to accept deeds that citizens are requesting the Board accept for rights-of-way; when that occurs, it sets the stage for the property owner to pursue a residential building permit; then the dirt road is brought to a County standard with their finances; they then sign a dirt-road agreement; and ultimately those properties with the dirt road agreement come to the Board for the possibility of creating an MSBU, which would trigger the paving of the dirt road after more than 50 percent of the lots had received a building permit for a house; and another unique circumstance is the possibility of having a paved road lead up to the main arterial of the community, which is a dirt road.  He advised the water has been identified as an issue; if the Board continued to allow residential building permits to be pulled in the area, the water quality coming from wells is very poor; the neighborhood action plan has essentially identified how this community continues to wrestle with growing demand for services; and either the private sector or the public entities inability in certain regards to provide those basic services, such as the health safety services of potable water access that would be expected to have.  He advised the West Canaveral Groves community has continued to wrestle with the issues; that was one of the things the Board identified in tabling what is a fairly typical request in other communities, but which is embedded in very unique circumstances. 

 

Commissioner Scarborough stated one thing Mr. Beckett and Ms. Boyd asked for is action on the Board’s part; another component that is key is that once there, one is not automatically granted a building permit; the Board had explored the idea of using the MSBU to improve dirt roads; the issue is there is that particular element then there is not a paved road going to a dirt road perhaps; and there was the issue of the people on the corner of Satellite Boulevard and the road runs by the property; since the owner is by their property they have to pay for the road that they do not need because the side road is irrelevant to the property owner because he or she fronts on Satellite.  He stated some of the answer has to be in the methodologies used in the MSBU’s; if the Board accepts Ms. Boyd’s request it would have the subsequent issue sitting in front of the Board.  He noted one of the things the Board could do, but was never discussed, was to say, if in fact, you already have a building permitted on another main road, that you are not a part of the MSBU process; two things occur, you do not pay for the section beside your home, which you are not accessing from; and number two, you will not be part of the vote.   He stated two things are good in that situation; that person who may own a large chunk of the property is not able to effectively block the conception of the side road; and then if the Board moved forward with the dirt road MSBU it would not impose on somebody on a side road the necessity to pave something to lead into a dirt road.  He stated as soon as one problem is solved another problem comes up.  He stated the Board owes it to the people to move forward; but if the Board accepted the deeds today it would have not answered some of the questions.

 

Commissioner Scarborough stated the subsequent step is the Board has to accept it for maintenance as well.  Ms. Boyd noted that is if people are actually applying for MSBU’s; with Commissioner Scarborough responding that gets into Mr. Beckett’s issue of who is paying for the MSBU.  He stated he is trying to look at this moment as well as the subsequent one.  Ms. Boyd stated she has some background in getting MSBU approval; if she is on Airboat Avenue and five our of seven of her neighbors agree – there are 25 lots on the road but five of the seven who want to pay for the road out of their pockets – be it privately or through an MSBU – those are the only people who are charged to build that road.  Commissioner Scarborough stated no, once the Board hits the requisite two-thirds then everybody pays the proportionate; everybody pays; and that is part of the problem.

 

Commissioner Voltz inquired if Commissioner Scarborough could work with County staff and bring something back to the Board.  Commissioner Scarborough stated he would be glad to; there are St. Johns water issues, City of Cocoa water; Ms. Busacca and Mr. Scott should also come by his office; and what he would like to do is go back to the subsequent issue, which is the MSBU issue.  He stated if there were an easy answer it would have been found; and the Board does not want to have a separate area in the County that has its own rules and regulations. 

 

Ms. Boyd stated she does not disagree with Mr. Beckett’s idea of what should go on in West Canaveral Groves; but she is trying to reiterate that 99 percent of the deeds the County holds now are not people that are planning to build or get an MSBU; they are people who are scattered throughout the area and not consecutive yet or sequential in lot; they just happen to come together and realize it is a sliver of beauracarcy in five years if they decide to build; but it is just getting the roads deeded.  Commissioner Scarborough advised getting a building permit requires the acceptance of the road; the acceptance of the road goes back to the other requirements; and he will be glad to visit with Ms. Boyd and Mr. Beckett.

 

Commissioner Nelson stated he prefers to see a comprehensive solution; every time the Board does something like this and it is not closed out, it comes back to bite it; and it is in everyone’s best interest to have a comprehensive solution and not a piecemeal.

 

 

Scott Knox, County Attorney, stated this is a case that went to the Fifth District Court of Appeals; it was originally filed by Phantom trying to declare the County’s Fireworks Ordinance unconstitutional; the Fifth District has upheld the lower judge’s determination that the law was constitutional; however, they did strike three places they felt to be inconsistent with State law.  He noted two of which are inconsequential, but the third is fairly significant; and that is the financial obligations of the vendors.  He stated County Ordinance requires the vendors to keep an insurance policy of $1 million for liability as well as Workman’s Compensation Insurance; the Fifth District did not think the County could do that because the Statute says it has to be uniformly applied throughout the State; and this requirement could be different in every County if Brevard were allowed to keep it in the Ordinance.  He stated the Fifth District disagreed with the Second District Court of Appeals, which said this kind of provision is okay; there is a conflict between the Fifth and Second Districts Courts of Appeals, which means it is possible to appeal to the Supreme Court if the Board wants to do that; there is also an option of filing a motion for rehearing on the issue pertaining to the financial responsibility to see if the Fifth District will change it’s mind because there is a provision in the Statute that allows this to happen, which they may have overlooked.

 

Commissioner Scarborough inquired what Mr. Knox would like to do; with Mr. Knox responding he thinks the Board should give him the authority to appeal if he does not get satisfaction on a rehearing.  Commissioner Bolin stated she agrees the Board should have the appeal and Phantom needs to be financially responsible.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the County Attorney to seek Florida Supreme Court review of the Fifth District Court of Appeal ruling on the fireworks ordinance and/or revise Section 13 of Ordinance No. 05-60.  Motion carried and ordered unanimously.

 

 

Patty Earnest stated she would like the Board to take a closer look at the Viera Rotary Traffic Circle; she has been in contact with Mr. Denninghoff about the accident in which she was involved; and he is an excellent County employee.  She stated Mr. Denninghoff told her it has already started, but she would like to see further analysis of the circle in terms of comparing it to similar traffic areas; and also the traffic counts, which are just now getting started.  She stated she would also like to request the Board consider making it one lane instead of two; more signs would help to ensure people know what is going on there; and she would like the Board to coordinate police efforts.  She noted it took three officers to write a ticket; she sat in the car for an hour; the deputy Sheriff said he had to wait on FHP; and all of the officers said the circle is very confusing and that they understood how the accident occurred.  She stated in the traffic hearings the traffic hearing officers had a large stack of files; the officer was looking through the files to see if someone had a previous offense; if they did, that is what was being focused on; she read five pages of documents of what she had witnessed.  She stated she would like to request there be more public information; Mr. Denninghoff mentioned getting the government channel involved; people need to be made aware by way of signs or TV what is going on at that circle; and her accident was the first time she had ever driven it; and it could have been a serious accident as she side-swiped a woman.  She stated she has been employed by a company since 1984; she has had a safe driving record; and it has been removed.  She stated she is now being charged $30.00 more per month as a result of the accident.  She advised she has lived in South Brevard since 1982; her first experience of driving a traffic circle of this type was February 14, 2007; she was in the inner circle attempting to exit onto Wickham Road; she was not under any influence; she was not distracted or tired; and there was no reason why that accident should have happened.  She stated she was following a broken line.

 

Commissioner Scarborough advised the Board is not able to retry Ms. Earnest’s case; and inquired if Commissioner Bolin could comment on the issue.

 

Commissioner Bolin stated she was sorry there was an accident at the traffic circle; she drives the circle twice every day; and she knows it is something a lot of people have not experienced before and it is a concern.  She stated staff is working on some of the problems as far as signage; she likes Ms. Earnest’s idea of an educational piece on it; and it would be good to have that on Space Coast Government Television.  She stated as far as Ms. Earnest recording her accident and her report of the officers, the Board can hopefully forward that to the Sheriff’s Department.  She stated she would like to refer to Assistant County Manager Mel Scott about the standards of the circle and the qualifications of what it meets.

 

Mr. Scott stated he would like to share his condolences with Ms. Earnest on her accident.  He advised staff has reviewed the signage and striping criteria that apply to the circle; and staff has confirmed that it adheres to State standards for the traffic circle.  He noted staff can also confirm there is a learning curve going on in the community with the traffic circle; the circle is doing what it is designed to do; it is moving a lot of cars around it without the delays that come from a traffic light; and staff also recognizes the circle has seen fender bender, however, more deadly accidents occur at the lighted intersections because of the higher rate of speed.   He stated the County does have an educational video that has begun airing on SCGTV and staff may want to speak to SCGTV to get it into a higher rotation; and he appreciates Ms. Earnest’s input.

Commissioner Scarborough stated if Ms. Earnest has any other questions, her Commissioner is the place to start; and the Commissioner can make calls to the State on behalf of Ms. Earnest.  County Manager Peggy Busacca advised Ms. Earnest is from Palm Bay.

 

Ms. Earnest stated she contacted Commissioner Bolin’s office and did not receive a response.

 

 

 

Assistant County Manager Stockton Whitten inquired if he could attempt to answer some questions that were raised earlier by Clerk of Courts, Scott Ellis.  Commissioner Scarborough stated he had written down a question with Deputy County Attorney Shannon Wilson’s concerns about the ownership of the intellectual property.  County Attorney Scott Knox stated he cannot answer without Ms. Wilson present; and inquired what was the question; with Commissioner Scarborough responding Ms. Wilson was concerned that the plans did not become the property of the County.  Mr. Whitten stated staff has had that concern; it is staff’s hope that in doing these sort of projects that the County will, after the design by the architect, actually own the plans.  He stated in many of the projects the architects are the owners of the plan; and the County has to go back to them in regards to the copyright issues.  He stated Ms. Wilson is hopeful that beginning with this contract staff can address the issues whereby the County is the owner of the plan.  Commissioner Scarborough inquired if the Board can make a motion today that it will enter into it; with Mr. Whitten responding staff is going to ask that the Board approve the item contingent on further negotiation of the contract.  Commissioner Scarborough stated he is content this is a major step forward in capturing that particular property and utilizing it for the near future with judicial facilities; and at the same time the Board will be having a workshop on the facilities and where to locate them in South Brevard; but he believes this is wise.

 

Mr. Whitten stated in regards to the plan, the original goal was to get up to 120,000 square feet of space; the biggest chunk of that space would be allocated to the State Attorney; what is known for sure is there is going to be four stories; and space will be giving for what the project dollars allow.  He stated not only is the space going to be dedicated to the State Attorney, there is one floor dedicated to the judges; and that again is predicated on getting two judges.  He stated if four judges come, then two floors of that space will be taken up.  He advised there will be the State Attorney, the judges’ floor, the Sheriff’s Office will have to occupy some of the space; court administration will have to occupy some of the space; there will be the jury assembly rooms and the Clerk of Courts and restrooms; there will also be public screening and family rooms.  He stated staff believes all of that space will be utilized by all those operations; when it is all finished, including the space allocated Buildings D & E, staff only sees a possibility of one floor being undesignated to a particular agency; and the thought is that the public defender will move into and occupy all of Building E; and that leaves the second floor of Building E for general County use or some other purpose the Board deems necessary or required.

 

Commissioner Voltz stated she going to vote against the item for the reasons she has been stating all along. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve contracts with Stottler Stagg and Associates for architectural/engineering design services and W&J Construction Corporation for Pre-construction Phase Services for the expansion of the Harry T. and Harriette V. Moore Justice Center, Viera, contingent upon further negotiations on the contracts; and authorize the Chairperson to execute associated contracts.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

 

 

Commissioner Bolin stated she would like to address Ms. Earnests’ issue because the circle she is referring to is in District Four; although she is a resident of District 5; and her Commissioner was not present for the discussion.

 

 

 

Upon motion and vote, the meeting adjourned at 11:57 p.m.

  

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)