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CALL TO ORDER

Attendee Name	Title	Status	Arrived
Robin Fisher	Chairman/Commissioner District 1	Present
Chuck Nelson	Commissioner District 2	Present
Trudie Infantini	Commissioner District 3	Present
Mary Bolin	Commissioner District 4	Present
Andy Anderson	Vice Chairman/Commissioner District 5	Present

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The invocation was given by Pastor Gary Held, Risen Savior Lutheran Church, Palm Bay.

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Chairman Robin Fisher led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

The Board approved the September 28, 2010 Special Meeting Minutes.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  RECOGNIZING EAGLE SCOUT RICHARD ANTHONY JOHNSTON

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Richard Anthony Johnston.

 

The Board adopted Resolution No. 10-246, recognizing Richard Anthony Johnston for his accomplishments as an Eagle Scout.

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PRESENTATION, RE:  FULL CIRCLE@BREVARD COMMUNITY COLLEGE

Linda Humphrey stated she would like to tell the Board about Full Circle; it is a lifelong learning program that is affiliated with Brevard Community College (BCC); membership organization is for those 50 years of age and older; it is totally managed by volunteers; there are no exams, homework, or tests to take; the membership fee is $40 annually, it cover from July 1st to June 30th; some of the recent classes held have included computer uses with email, Internet basics, Facebook, Twitter, and Skypeing; some of the recent workshops held are Genealogy, Stress Management, and Reading Food Labels; and all volunteers are welcomed to lead a class, create a newsletter, or coordinate a special event.  She expresses her thanks to the Board for allowing her to present the FullCircle@BCC programs summary.  

RESOLUTION, RE:  PROCLAIMING THE WEEK OF NOVEMBER 19TH THROUGH 28TH AS NATIONAL FARM CITY WEEK

Commissioner Bolin read aloud a resolution proclaiming the week of November 19th through November 25th as National Farm City Week.

 

Tom Schuller expressed his thanks to the Board for the proclamation; it is import to release the importance of agriculture with the community; he thinks during these tough economic times agriculture is such an important economic engine in this world; and on a local level farm tours were held last week and it showed what an important economic engine agriculture has in Brevard County.

 

The Board adopted Resolution No. 10-247, proclaiming the week of November 19th through 25th as National Farm City Week.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PRESENTATION, RE:  BREVARD WORKFORCE - LISA RICE

Lisa Rice, Brevard Workforce, expressed her thanks to the Board for allowing her time for Brevard Workforce presentation today; in 2007 the Aerospace Career Development Council (ACDC) was able to bring in $1.75 million for training; there has been advancement through National Emergency Grant (NEG) which awarded $15 million; the first half of the NEG totaling $7.8 million was received; and the second half of the NEG is expected to be seen in 2011.  She stated three Aerospace Workforce Outlook Reports have been done; it has identified over 1,000 companies Statewide; it has helped shift the affected workforce numbers; and identified skills and skills needed.  She stated there was a layoff in October 2009 totaling 1,000 workers, which was mostly volunteered individuals, who were ready to leave the system; the last layoff was in 2010 totaling 1,100 people; in January 2011 there will be about 200 layoffs; and the biggest layoff will be in April 2011 ranging from 2,500 to 3,000 individuals.  She noted she is always asked what people are being trained for and where are the jobs; people are trained for the industry of Lockheed Martin Crew Exploration Vehicle (CEV) and the Orion Capsule; over 250 people were trained on Orion Capsule, they learned everything about its process flows; those skills can still transfer into any kind of CEV; and she noted because of a match with United Space Alliance (USA) the process helps speed up people's education with a basic Bachelor Degree, to help make them competitive for the market when he or she are laid-off; and it is being found that 59 percent of the jobs available are requiring Bachelor Degrees.  She stated there has been a tremendous business input from Siemen's, Disney, Lockheed Martin, and the Defense Area in Orlando working directly with Brevard Workforce and USA by going out and seeing the workers and the work that is done; and one of the most exciting jobs that she knows of involves Embraer as it relates to AAR Corporation.  She stated a long time ago, there was a conversation about how people would be needed whom have the Airframe and Power Plant Licenses in order to work on aircraft; there are people who have all the skills, but do not have the licensure; there was a connection made with Federal Aviation Administration (FAA) to figure out how much work experience could actually be allowed and credited for schooling, it is making a huge change in their credits, and licensing will happen quickly.  She stated there are other marketing studies used to show what jobs are coming; she does want to let the Board know that Brevard Workforce is heavily tied with Embraer and AAR Corporation; there is an human resources specialist sitting at Embraer to help screen candidates, getting interviews scheduled, processing paperwork, and helping to use the NEG funds for on the job training, which is subsidizing wages for a certain amount of time.  Brevard Workforce continues to train people from 2009 to present with Project Management Certification (PMC) prep courses; the funds and services plan by ACDC has been set up for communication needs and skills assessment, training and retraining to new careers, support services, and work experiences.  She stated funding and services are all about the jobs with NEG of $7.8 million, Earmark at $1 million, and $3.2 million that is coming from the State to Brevard Workforce; at this point on the job training is being worked, which is the bulk of the work; there was a competitive proposal process recently consisting of 35 company's, 148 positions, and an average wage of $33.00 per hour; and 90 percent of those positions were in Brevard County; and in February 2011 there will be another Statewide push for more jobs all across the region and the State.  She stated there are a ton of Metrics that have to be followed with the NEG to serve 1,140 people, 512 people must be served with on the job training; on the $3.2 million the original proposal was to serve 700 people with on the job training; and with the $1.238 million Earmark serves 60 people with Adult Work Experience (AWE); while all of the Metrics are taking place, the normal business still has to take place at Brevard Workforce; there are 33,000 other people who are unemployed, that Brevard Workforce has to serve; and the Formula Funds available are put into on the job training to help with business engagement, referral to placement ratio, and open job orders serving a day ratio of 60 people served.  She stated there are a few gaps with emerging industry roundtable's and setting strategic action plans that are both the concerns of the State and the local entities; and there needs to be more coordinated and strategic approaches made among the variety of entities with regards to entrepreneurial training, mentoring, and investments, that truly yield successful small businesses in the industry clusters, that Florida wants to pursue.

 

Chairman Fisher inquired if there are continued funding from State and national levels with local level support.  Ms. Rice responded there has been a Legislative budget request for the past three years; stated she is concerned that the Speaker of the House and the Senate President have said there will be no Earmarks in the Legislative budget, it will have to go through the process, and there will be needs for funds to help this layoff population past June 30, 2011; and when the expected layoffs in April are looked at there needs to be the same help for all.  She stated she hears people say to her, that she has enough funds coming from the Federal government; she explained it to be a bungee cord type of effect; the people get laid off and the numbers do not get reported for one year or 18 months later, therefore, the funds follow anywhere from one-year to two-years later; and there needs to be a continued focus on this.

 

Ms. Rice noted Brevard Workforce is moving from the BCC center to a new building across from McDonald's on U.S. 1; and another Brevard Workforce center will be located in Rockledge.

 

The Board acknowledged presentation by Lisa Rice on numerous innovations in the Brevard Workforce.             

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REPORT, RE:  SPACE COAST AREA TRANSIT (SCAT)

Howard Tipton, County Manager, stated Space Coast Area Transit (SCAT) won six State Transit Awards; four First Place Awards were received for marketing and in the marketing category there was a Best of Show Award for Social Media Marketing efforts from the 36th Florida Public Transportation Association annual conference; and he thinks all of those Awards speak well to the work that is being done to reach out and move people around the community, with SCAT's number one priority being to move people safely; and the last of the six awards was for the Best Transit Safety Record in the State.

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REPORT, RE:  PUBLIC HEARING ITEM V.A MOVED TO UNFINISHED BUSINESS

Howard Tipton, County Manager, stated he would like to postpone item V.A., Ordinance, Re:  Amendments to Chapter 62, Article IX, Signs as They Relate to Billboards Affected by Settlement Agreements with the County to the Unfinished Business section on the Agenda, because the Board needs to deal with item VI.A., Approval, Re:  Clear Channel Settlement Agreement first. 

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REPORT, RE:  LEGISLATIVE DELEGATION

Commissioner Infantini stated the Brevard Legislative Delegation will be meeting December 14, 2010; she has been working towards reducing the duplication of efforts between the State and the County; and she would like permission to present before the Legislative Delegation on the of Board to encourage them to work with the municipalities and the County, to reduce efforts between Department of Environmental Protection (DEP) and St. Johns River Water Management District (SJRWMD) rather than things being done twice.

 

Chairman Fisher inquired what Commissioner Infantini is asking the Board for.  Commissioner Infantini replied she would like permission to speak on the Board's behalf regarding duplication.

 

Commissioner Nelson stated he would like to see what Commissioner Infantini is going to specifically say if she is representing the Board.

 

Commissioner Bolin stated she agrees with Commissioner Nelson; and the Board needs a full presentation from Commissioner Infantini before giving approval.

 

Commissioner Infantini stated it is time sensitive; she will see if she can prepare something for the Board; otherwise, she will just speak on her own behalf rather than representing the Board, if that is fine; and she is not trying to blindside any one, with any of her suggestions.

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REPORT, RE:  CHARTER REVIEW COMMISSION

Commissioner Infantini stated she would like for Dr. Fausnaugh to come to the podium; stated she presented an item to the Charter Review Commission, that was accepted and approved by the voters; it requires the County Commissioner to develop a procedure or a mechanism that will allow for individuals to come before the Board with suggestions, but Brevard County does not have that mechanism in place; and she has invited Dr. Fausnaugh today, to help explain what she needs from the County so the Charter Amendment can move forward.

 

Dr. Fausnaugh stated she would like to review some background information about how the recommendation came about; she learned of the Charter Review Commissions work about half-way through its process; she found it to be very fascinating because she has been trying to understand more about how County government works; and she went to the hearings, she listened, and there was a great deal of discussion about effectiveness and efficiency, but there was no seeming ability for people to come together to say what certain things can be done in order to improve the processes of effectiveness and efficiency.  She stated it seemed to her, that the group was not going to be able to come up with something that it could agree on; she noted it needs a fresh approach; and she proposed the idea of having the Commissioners come up with a process where by citizens can present in writing specific deadlines for response back from the Commission to either say there needs to be more information, yes, or no to justify whatever position was taken in regards to the recommendation.  She advised of the reason why she suggested it be in writing, is she believes there are a number of people in Brevard County with backgrounds of process operation, strategic management, and knowledge; often efforts are volunteered to come up with recommendations to study problems that are identified; but without some thoughts, that there is a process, by which can be surely heard, it is very hard to justify the hours taken out of busy lives with expertise and it be presented to the Board.  She stated she thinks the design of the process is very important because this it is an Amendment to the Charter, that took no effort to have the voters approve it; there has been no lobbying other than an idea; she thinks the design of this process is going to be very important because it needs to be a process that is elicit from the population with volunteer efforts that can be very insightful into how to move it forward in these challenging financial times; and she mentioned she teaches continuous improvement and has a Minor in Production Operation Management.

 

Chairman Fisher stated he thinks it would be important for the County Attorney, Scott Knox and staff to get together to figure out how to implement this process; he would like for Dr. Fausnaugh to work with them; and he is interested in the thoughts of the Board.

 

Commissioner Infantini stated she agrees with what Dr. Fausnaugh has seen in the past; sometimes very well thought out audit reports are seen by external/internal auditors, yet the audits come before the Board and there is no action taken, or the Industry Review Study performed a few years ago also took no action; and now because it is in the Charter, the Board is required to take action and that is why she is bring it up under her reports today, because she wants to make sure the Board gets moving on what is required and mandated by the voters to do.

 

Chairman Fisher inquired if County Attorney, Scott Knox can tell of any time frames need to be done by the Board, since this was approved by the voters.  Attorney Knox responded he does not recall a time frame being specified in the Charter Amendment; and he is presently looking at it online.

 

Howard Tipton, County Manager, stated staff has been discussing how to approach this matter; he expressed his appreciation to the Board for having the opportunity to look into this; it would seem to have the most impact of an annual cycle that would be gone through; it would be before the budget deliberations started, so there would be opportunity to incorporate some of those thoughts and ideas into the budget process; the Board would really be looking at potentially 60 days for people to weigh into the ideas before it comes to the Board possibly in March 2011 because in January the budget starts to be built; but before public discussion if the Board could discuss any items that come before them perhaps in March, it will allow the opportunity for some of those ideas to be incorporated into the next cycle.

 

Dr. Fausnaugh stated she thinks it specifies in the discussion that it would be an annual response that she is trying to balance; people are welcome to come and speak before the Board at any time, as she has witnessed; this is more for a formalized process with a required response; and it was intended to be done annually.  She stated in her own mind of trying to balance and not have the Commissioners be overwhelmed with the things that do not have sufficient substance to them; when she thinks about designing this process she is trying to anticipate what would be a process that would have a requirement build into it, for substance, study, and discussion with people; and at the same time leave it open and give the public what it needs.  She stated she welcomes the opportunity to work on the design from the publics point of view if the Board so wishes.

 

Attorney Knox stated there is no time frame for getting it done; however, if it is going to be tied to the budget process, it needs to be done by January sometime.

 

Mr. Tipton stated literally the budgets from the departments are being built very quickly; there are some holidays coming up which is part of the challenge; he inquired how much staff time is anticipated to be used in this process, and is it anticipated for the questions to come through without staff reviewing them and it just coming to the Board for Board's eyes to have, or is staff review time needed, because some building time may be needed; and there is also the issue of finding the staff to review.

 

Dr. Fausnaugh stated she thinks the part about designing a process is probably to sit down and come up with a list of what the issues are; the balance will be to achieve the process and the design of the issues, she does not have an idea of how it should be done; and she would much rather approach each issue with a solution.

 

Commissioner Anderson stated there are off-the-shelf technologies available to help implement this as a web base program; an idea can be implemented through the link to see if it has already been proposed to staff; it will provide a person the ability to log on to review the process, the time frame, and if any Commissioner has responded or added input; and he thinks this is a great opportunity to utilize technologies to have something web based.

 

Chairman Fisher stated Dr. Fausnaugh is encouraged to work with the County Manager and County Attorney, to move the process forward.            

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REPORT, RE:  CONGRATULATING COMMISSIONERS BOLIN AND NELSON

Chairman Fisher stated he would like to congratulate Commissioners Bolin and Nelson, to be able to serve the County again; and he is proud to be able to work with them for another two years or possibly more.  He mentioned as the Board moves forward, he hope the Board can play nicer together; he knows there needs to be some forgiveness and apologies are due; and as he realizes this is a team every one has to play and work stronger together than individually and he encourages the Board to move in that direction.  He stated County staff, other constitutional officers, and the public play a big part of being on this team; he has some goals he would like to see accomplished during his time as Chairman, such as more road maintenance in his district and 50 miles of roads are going to try to be paved in 2011; and 50 miles of roads are going to try to be paved in 2012, as well.   He stated another goal he has is additional revenue sources for Brevard County; the Board may need to look at some other counties to see exactly how they are bringing in additional revenues; Brevard is alive and well and the community needs to understand that in moving forward the Board is going to be in a position to capitalize some opportunities; but there has to be a revenue source to be able to help find jobs with economic development.  He stated what concerns him is the Board made some commitments to Embraer of $1.8 million; $2.5 million to Semi Tech's over the next five years; both of those commitments were made out of reserves; he does not know if the Board wants long-term economic developments done out of reserves; he is exploring some of those revenue sources and he is going to ask to consider doing those items; and the real challenge is the tough economic development environment the County is in right now and it will be stronger together than being apart.  He stated he has found, that to be able to get something done it takes two Board members to agree with a person, to be able to get things done; and he hopes that there is a way to pull together and ultimately that will be what is best for the community.  He expressed his thanks to the Board for being allowed to serve as Chairman.   

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REPORT, RE:  2011 BOARD LIAISON APPOINTMENTS

Chairman Fisher appointed Commissioner Nelson to the East Central Florida Regional Planning Council (ECFRPC), Extension Advisory Council, Florida Association of Counties (FAC), MyRegion.Org, Tourism Development Council (TDC), and Transportation Planning Organization (TPO); Commissioner Infantini to the Arts in Public Places, Children Services Council, Florida Association of Counties (FAC), St. Johns River Alliance, Transportation Planning Organization (TPO), and Value Adjustment Board (VAB); Commissioner Bolin to the Aerospace Career Development Council, Election Canvassing Board, Florida Association of Counties (FAC), Indian River Lagoon Natural Estuaries Program (IRLNEP), Together in Partnership (TIP), and Transportation Planning Organization (TPO); and Commissioner Anderson to the East Central Florida Regional Planning Council (ECFRPC), Florida Association of Counties (FAC), Public Safety Coordinating Council, Transportation Planning Organization (TPO), Value Adjustment Board (VAB), and Water Supply Working Group for 2011.

2011 LIAISON APPOINTMENT, RE:  CHILDREN SERVICES COUNCIL

The Board approved Commissioner Infantini to serve as Commissioner liaison to the Children Services Council for 2011.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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2011 LIAISON APPOINTMENT, RE:  VALUE ADJUSTMENT BOARD

The Board appointed Commissioners Infantini and Anderson to serve as Commissioner liaisons to the Value Adjustment Board (VAB) for 2011.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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ITEMS PULLED FROM CONSENT AGENDA

Chairman Fisher stated there is a speaker card and he will pull Item III.B.9, Approval, Re:  SHIP and Tropical Storm Fay Grant Award to The Partnership, Inc. for Acquisition of Freedom Island Homes.

 

Commissioner Infantini stated she would like to pull Item III.B.6, Approval, Re:  Amend Agreement with Community Housing Initiative Inc., for First Time Homebuyer Assistance and Counseling to Brevard County Residents; and Item III.B.8, Approval, Re:  Agreement with Homes for Independence Space Coast, Inc. for Acquisition, Rehabilitation, and Resale of Single-Family Property Located at 615 Ridge Club Drive, Melbourne.

APPROVAL, RE:  AMENDED AGREEMENT WITH COMMUNITY HOUSING INITIATIVE INC., FOR FIRST TIME HOMEBUYER ASSISTANCE AND COUNSELING TO BREVARD COUNTY RESIDENTS

Commissioner Infantini stated this item deals with providing funding, to individuals that are first time homebuyers; her concern is the price of the home shall not exceed $292,000, which is really close to $300,000, she thinks the community would be better served if the dollar threshold was lowered, because for $1 million she could purchase three $300,000 homes, but she could purchase five $200,000 homes; and she thinks the threshold should be lowered to $200,000.

 

Ian Golden, Housing and Human Services Director, stated the upper limit was actually established by State rule; the Board has the ability locally to make more restrictive rules; and this is a decision for the Board to make.

 

Chairman Fisher inquired how the State determines the $325,000 as a cap; and there is nothing that says the first time homebuyer is going to spend $325,000.  Mr. Golden responded when someone, who is eligible to afford a mortgage at $292,000 the individual would probably not be eligible for much of any first time home buying; the only thing the first time homebuyer would be eligible for is a Reimbursable Loan, which means they have to pay back whatever monies were received from the County; and it would not be a forgivable loan.

 

The Board executed Amendment to Agreement with Community Housing Initiative, Inc. for the award of an additional $500,000 in State Housing Initiative Partnership (SHIP) funds to provide First Time Homebuyer assistance and counseling to Brevard County residents.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  AGREEMENT WITH HOMES FOR INDEPENDENCE SPACE COAST, INC. FOR ACQUISITION, REHABILITATION, AND RESALE OF SINGLE-FAMILY PROPERTY LOCATED AT 615 RIDGE CLUB DRIVE, MELBOURNE

Commissioner Infantini stated her concern with this item is the County is purchasing a home for $35,000, to be rehabilitated at a cost of $17,000; stated her only reason for bringing attention to this is other homes in that same community were selling for $44,000; and she thinks if more research was done, homes might be able to be found that were less costly, and require less rehabilitation; and the rehabilitation costs are on the high end.  She stated she is trying to encourage the Housing and Human Services Department, to make a change in how to approach properties, because continually the Board is having properties come before the Board that require so much rehabilitation, when there are so many other properties available for sale at a lower cost.  She stated she feels like the County is not getting enough bang for its bucks; it is a small amount for repairs, but if overspending keeps occurring in each category, it reduces the total number of houses available for the County to purchase; and she is just wanting to make sure the thought process is changed when looking for properties for acquisition and start looking for a little more value for the dollar.

 

Chairman Fisher inquired if Commissioner Infantini has had the change to speak with staff about this item.  Commissioner Infantini responded no, she did a little bit of homework to find out if there were other properties for less money because the objective is to get as many individuals into affordable housing; and she thinks the objective could be meet with a little bit more research and the Board may want to look at how it structures acquisition of land and building, so that it includes some one for the Building Department that has a better grasp on value and repair work.

 

Ian Golden, Housing and Human Services Director, stated part of what is looked at when looking at affordable housing is not the immediate costs just to get the house habitable; it is looking at long-term affordability and at times it requires more dollars up front for rehabilitation; and thereby, reduces costs, by making it more energy efficient, for the homeowner in the long-term 15 to 20 year outlook.  He stated there are some instances where the rehabilitation on the front-end costs a little bit more with the hope that it will end up affordable for a longer period of time.

 

The Board executed Agreement with Homes for Independence Space Coast, Inc. for acquisition, rehabilitation, and resale of single-family property located at 615 Ridge Club Drive, Melbourne, to a first time homebuyer at 50 percent to the 80 percent area median income, which has at least one person with a disability in the household, as defined by the Americans with Disabilities Act of 1990; and authorized the County Manager to execute subsequent modification and amendments to the Agreement, upon review and approval by the County Attorney and Risk Management.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  SHIP AND TROPICAL STORM FAY GRANT AWARD TO THE PARTNERSHIP, INC., FOR ACQUISITION OF FREEDOM ISLAND HOMES

Scott Ellis, Clerk of the Circuit Courts, stated a neighborhood with $50,000 homes are being taxed to pay for peoples down payment assistance on $300,000 homes; he stated he is back before the Board again, to talk about Freedom Outpost; he has never believed that the mortgages were real; an $800,000 deal goes down, no money down, it is not a real bank, it is a private money mortgage, the County puts in half of a million dollars, and it went down the rat hole; and here it is again, with the County putting another half of a million dollars into it again.  He stated he sees where $250,000 worth of work needs to be done, however, the place is occupied; he does not know if it is currently occupied, as a rental by slum lord or if there needs to be $250,000 worth of work done on a property that is occupied; and these mortgages have never been believed by him, that they have been straight up when the County gave over $300,000 to these types of paper-money-mortgages; and here it is going to be paid off again.  He inquired how much money is going to be thrown into the same project; he inquired if anyone has looked at the list of repairs; it lists $18,000 to Kane's, $35,000 for a roof after a half of million dollars has already been sank into the property, and it is only appraised by an assessor for $300,000; and the County will have $1 million into a property that the appraiser carries at $300,000.  He stated he is extremely shocked that this has came back to the Board; he has meet with staff on this two or three months ago, about this same projects timeline, how the money disappeared, and the whole thing is nothing but a racket; it is back again for another half of a million dollars; and it is on the Consent section of the Agenda, which means had it simply not been pulled, it would have passed on the Boards last vote; and no one would have known that the money is gone again, on the same project.  He stated this has been very frustrating; he sent a report to Assistant County Managers, Stockton Whitten and Mel Scott; and he does not know if they gave the Board a copy; he apologies to the Board for not providing it a copy of the report sent; and he expected the County to take it off the Agenda, but evidentially it did not and here it and he is today.

 

Ian Golden, Housing and Human Services Director, stated this project started prior to him taking over as Director; it is an established project that has several issues surrounding it, which have been brought forward to the Board; there are several reasons for the option he recommends to put more dollars into the project; the reasons have to do with the affordable housing units themselves; there are eight units of affordable housing that the new agency is looking to serve a different population of low-income seniors; these are seniors who would have to be making less than 1,100 a month to be able to get into these properties; and there is a great need for housing for that population, additionally, it protects the initial investment of $560,000 with an affordability period of the initial project of 25 years, and The Partnership Inc., has agreed to a 30-year affordability period.  He stated Mr. Ellis is correct; there is going to be about $1,230,000 put into this project; it is the long-term affordability and creating a subsidized senior housing for 30-years at the cost of about $355 a unit over 30-years; and that is what is trying to be done with this property.  He stated there are other options that have been brought to his attention; one, is to not move forward, the property moves into foreclosure either accelerated by the County or the first mortgage holder, and the County will probably not get any dollars back because it would be losing the initial assessment; two, discussions with the State have indicated that there would not be any repercussion's of having to pay back the dollars that were invested; and three, is potentially look for other non-profit agencies that are interested and willing to put more dollars up front to reduce the amount of dollars from the grants being looked at; and it was found that there were no other interested parties other than The Partnership Inc.

 

Chairman Fisher inquired what kind of protection does the County have on the second mortgage by it being recorded over the first mortgage being foreclosed and was it looked into.  Mr. Golden responded, yes and there is nothing left.  Chairman Fisher inquired if there is any language in the first mortgage signed about keeping the property for affordable housing.

 

Scott Knox, County Attorney, responded if the mortgage is defaulted it can be foreclosed and the County would be out of the picture; the way the second mortgage holder normally tries to adjust for this kind of situation is, it tries to buyout the first mortgage and then foreclose on the property or get a Deed; and then foreclose and proceed from there.

 

Commissioner Anderson stated it was said to dump the additional money in for long-term affordability; and it is unlikely that there will be a 30-year resident in there.  Mr. Golden stated it is hoped for, but as one moves out or passed away the County would place another senior in the vacancy residence.  Commissioner Anderson stated he understands that Mr. Golden or Howard Tipton, County Manager, were not in office when this project was initiated; the taxpayers are upset with it right now; and he cannot see dumping any more money into it right now.

 

Commissioner Nelson stated he thinks some of the issues that were associated with the original purchase have been addressed by Mr. Golden and staff; some of the criteria has already changed to fix the original problem; when putting more money into it with upgrades for handicap accessibility, to improve the property, it is going to cost additional money; and he thinks the key thing is the County found a very good partner, who is putting in its own money as well to help make this project work.  He stated this project was recommended by the Affordable Housing Council; he thinks all are concerned about how the project came to start and walking away from a half of a million dollars is not an appropriate thing either; but the main thing is the County ends up in the first position on this, but if any point during the next 30 years this property sells, the County gets its money back; and he thinks it is important to understand that it puts the County in a better position for the future in determining what is done with the property if The Partnership Inc. decides to walk away.

 

Commissioner Infantini stated there is a concept in the County called sunk cost; one time she had a 1998 car that she sunk $1,200 into for repairs; two months after the initial investment, she decided to sell the car for $200; it was a money pit; it was time to let the car go; this project is a sunk cost; it is $560,000 that originally went to purchase it; it was brought to the Boards attention back then, that it was perhaps not the best deal; there are no monitoring policies in place to even make sure that the individuals are paying their property tax; right now there are $44,000 owed in property taxes; and if the mortgage holder who holds $300,000 on it would like to take his property back before it goes to tax deed sale, let him take it back, pay the property taxes because right there, there is another $44,000 worth that the Board is going to end up eating.  She stated she did a quick research of properties out there; six units were found available in Palm Bay for $270,000, seven units were available in Titusville for $239,000, and a four-plex is available on Merritt Island for $139,000; and there are a lot of properties out there rather than sinking good money into something bad.  She stated if this goes to tax deed sale that same money can be invested somewhere else, plus she spoke with an individual yesterday, who said he offered over $500,000 to Brevard County to take this property into private ownership, so until the Board gets its hands around monitoring practices the County needs to stop help purchase properties, that are not being followed up on; this property was closed on in March 2008, yet the property taxes from 2007 have never been paid; and until the County starts implementing policies and procedures to track the properties that it is promoting acquisition of, it needs to get out of this business; and she cannot possibly vote, to spend another half of a million dollars on a bad deal.

 

Commissioner Bolin stated this shows there will be eight units for seniors whom would be living in those units; and she inquired what the mandate is as far as low-income housing.  Mr. Golden responded there is a State mandate that counties seek to provide affordable housing; the mandate itself does not set a level of affordable housing that is required to meet that; but there has been use of State and Federal grants to meet that mandate without having to look at General Fund.  Commissioner Bolin stated the mandate is coming down to the County, but yet it provides through grants the money to take care of the mandate; and if the County walks away from this property there will be eight units lost and eight seniors will not be able to have housing.  Mr. Golden responded that is correct; the other issues of the other properties available when looking at the way the new dollars are structured there is only $213,000 of County grants, that would be able to go to acquisition; and there are other properties available, but he has not been able to find eight unites for $213,000.  He stated this is an older project; this is not a project that would not be brought before the Board in today's time; the Housing and Human Services Department has a new vision; it has a new policy that will come to the Board in January regarding acquisitions of small and large scale projects; and no longer will private mortgages be done with agencies being looked at before partnering with them.

Commissioner Infantini stated it is only going to be $213,000 of County funding; it would also free up an additional $250,000, to allocate from Tropical Storm Fay; and rather than using that $250,000 there it would be better served in numerous other locations.  She mentioned the County is not getting rid of a property for eight sets of seniors because right now eight seniors are not living there; it has not been tracked to be made sure that the practices are being followed that are supposed to be followed originally; she does not see that the County is losing it and if it is turned over to private ownership it would actually benefit the community greater from what she has heard from the community; it actually wants to turn it over to private ownership so it can be improved rather than stay at the rate it is; and if seniors are going to be living there she inquired how are they going to get to the bus because from her understanding the nearest bus stop is two miles away, which is a pretty long walk for somebody who is on a fixed income.

 

Commissioner Anderson stated in areas of Palm Bay and Melbourne; there are a lot of landlords that have went to subsidized rent that are housing seniors now; it is not like there is a shortage of housing; and specific housing grouped together in a complex is what is trying to be achieved.  Mr. Golden responded that is correct, but one of things done when using Federal grants is it locks the agency to restrictive rents, so for the next 30-years their rents cannot increase above what Housing and Urban Development (HUD) says is an affordable rent; and that is the other side of the subsidy to ensure that the rents cannot move up to market rent.  Commissioner Anderson inquired if it is the landlords who own the private homes using HUD money now to subsidize rent; and he inquired if they were locked into the same agreement.  He stated if he owned a house and he uses the old term Section Eight, he is locked into that rental agreement; HUD has to qualify that house for a certain amount of rent for 30 years; and if a senior is going to live for another 30 years it is just not real life expectancy in America.  He stated one option the County has is to walk away; two, to spend $1.2 million on property that is worth $300,000; and he inquired if those two are the only options available.  Mr. Golden responded there is potentially a third option to try and find a non-profit organization, who can put in more of their own dollars; and in this economy he does not know how successful it would be.

 

Commissioner Nelson stated he thinks the back taxes are going to be paid by the new partner; the fact that it is a 30-year commitment, that moves the County into a first position versus where the County is now, ready to walk away from a half of a million dollars; it is Federal and State dollars, not local dollars; and that is how there is ability to do these long-term 30-year commitments.  He stated Section Eight is not for 30-years; it is only for as long as a person is a part of that program; Mr. Golden is working on the changes that have been discussed; the County will not be faced with this problem in the future, but it is a problem today; and he thinks walking away affects the seniors that may need housing.  He thinks there are some philosophical issues on the Board; it is resolving a problem, not walking away from a problem; and it is a greater shame to lose a half of a million dollars and get no benefit versus getting 30-years and being in a better position for the future.

 

Motion made by Commissioner Nelson, seconded by Commissioner Bolin to approve.

 

 

Chairman Fisher stated more discussion is needed; he hates to walk away from the $560,000 investment; there is a $307,000 first mortgage; and he thinks the County is the best buyer for this piece of property without totally coming in and taking out the first buyer at this point in time.  He inquired if there is flexibility, as this moves forward to a foreclosure type of situation that County staff can be directed, as one of the purchasers on this that will allow the County to act and protect its second mortgage; and he thinks it does not have to be done at the $307,000 price.  Attorney Knox responded yes, the Board is authorized to go buy property and it certainly can authorize staff to bid on the courthouse steps to try to acquire the property from the foreclosure sale; and he thinks that will be more expensive instead of just going to the mortgage holder to see if a deal can be made to buy the mortgage which would put the County in first place; then it can consolidate it with the second mortgage and that basically pays the first mortgage person out; and he thinks whatever the first mortgager gets in the way of a judgment is going to reflect the outstanding balance of the accrued interest, as going through the judicial process, plus the attorney fees, which will end up costing more because of the judgment that goes on the courthouse steps is normally when a person buys, but the County is going to have to buy the judgment at some point.  Chairman Fisher stated if the first mortgage holder wants to sell; he inquired would the County be the best buyer.  Attorney Knox responded it may be, but maybe it can be sold for less than what had to be gone through to get the property.  Chairman Fisher stated the value is already less than what it is going to take to get the property.

 

Commissioner Nelson stated he understands what Chairman Fisher is telling the Board; the other problem is that it goes into no-mans-land about how to manage the current renters with possible evictions and possibly other issues other than the financial ones, which is the property management and care; and he does not know if the gamble should be taken.

 

Chairman Fisher stated it converts back to the mortgage not being paid now; and he inquired what is happening now with the management.  Mr. Golden responded there is very little management going on right now.  Chairman Fisher inquired if the tenants are still there.  Mr. Golden responded yes; the concern he has about trying to purchase it on the courthouse steps is it takes cash-on-hand; he does not have the set up to do so; it could possibly be worked with the Clerk of Courts Office to try and get a quick check cut, but he does not know what the time frame is for that process; and if the Board were to authorize him "X" amount of dollars, it is public record, and some one can come in and bid $1 more and the property is gone.  He stated right now an additional $213,000 is looked at for acquisition; he feels if anything more than $213,000 is put in the Board is spending more than the option he is putting forward to the Board now; there is no guarantee that The Partnership Inc., is going to want to be involved at that point; there dollars are not guaranteed at that point; and those are all issues that will have to be worked through.  Chairman Fisher stated he thinks the first mortgager is counting on the Board to bail him out; he would like to see Mr. Golden go back and negotiate something with him.

 

Mr. Ellis stated it is not just a foreclosure for not paying the mortgage; the holder of the tax certificates can push to do a Tax Deed Sale; at that point whomever holds that first mortgage is going to have to come in and redeem those tax certificates or it is going to go to auction on that day based on not paying the taxes.  Chairman Fisher stated the first mortgagee is going to have to come up with the $44,000 for the taxes.  Mr. Ellis replied or let it go to a Tax Deed Sale and then the note goes bye-bye; it is really something that is fairly complex and the County Attorney's Office should have been involved in this when it started with the taxes not being paid and the mortgage not being paid.  He stated the mortgagee will end up making $800,000 on a private money mortgage from selling for double of what it is worth.  Chairman Fisher stated it sounds like it was a bad deal that went south; and he inquired if there is any reason for this item to be moved on today.

 

Mr. Golden responded some of the repairs needed with the septic system; the longer there is a waiting period it could increase the amount of damage; there are issues with the current tenants residing there; and those issues will have to be addressed before it moves forward or delayed.

 

Chairman Fisher stated he would like to see it come back at a later date.

 

Commissioner Nelson stated he thinks another problem is the County has no right to make the tenants do anything at this point in time because the County is the second mortgagee.

 

Mr. Golden stated he believes the County being the second mortgagee; the County can go into foreclosure on the second mortgage; and the chances are at that point the first mortgagee would then foreclose to protect his interest.

Commissioner Nelson stated when it comes to terms of managing the property the County is in no-mans-land.

 

Attorney Knox stated the County could foreclose and bring the current first mortgage current then there is no basis for him to foreclose.

 

Chairman Fisher stated he is having a hard time with this because of the way the deal is structured; the County will be putting $600,000 into something; he wants the County to own the property at the end of the day; he is not comfortable with the way it is actually structured right now; and he would like the Board to reconsider how to do this.

 

Commissioner Bolin stated she is going to withdraw her second on the motion; and she would like to go with tabling this for more information.

 

Commissioner Nelson stated he thinks time is of the essence from the perspective of there are at least eight folks living there with a property that is declining in condition; there needs to be some limits on how quickly the Board deals with this item; and the problem is the longer there is a waiting period the greater the probability of other issues having to be dealt with.  He stated if there needs to be direction to talk with the mortgage holder to see if there can be some negotiations made.

 

Commissioner Nelson stated he is going to withdraw his motion.            

      

The Board tabled consideration of SHIP and Tropical Storm Fay grant award to The Partnership, Inc., for acquisition of Freedom Island Homes, to a future Board meeting.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ACCEPTANCE OF A PERMANENT DRAINAGE EASEMENT FROM RICHARD MISHAAN (TRUSTEE), RE:  FOR USE IN CONJUNCTION WITH THE CRANE CREEK (lAMPLIGHTER) DRAINAGE PROJECT

The Board accepted the Permanent Drainage Easement from Richard Mishaan over a portion of the parent parcel located to the north of Eau Gallie Boulevard and east of I-95 located in Section 23, Township 27 South, Range 36 East.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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ACCEPTANCE OF LIFT STATION DEED AND SANITARY SEWER EASEMENTS, FROM THE VIERA COMPANY AND FAWN RIDGE DISTRICT ASSOCIATION, INC., RE:  FAWN RIDGE AND INDIAN RIVER COLONY CLUB

The Board accepted a Lift Station Deed and Perpetual Sanitary Sewer Easements from The Viera Company and Fawn Ridge District Association, Inc., located in Sections 2, 10, and 11 of Township 26 South, Range 36 East.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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ACCEPTANCE OF CRUICKSHANK EASEMENTS FROM THE STATE OF FLOIRDA, TRUSTEE OF THE INTERNAL IMPROVEMENT TRUST FUND (THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION), RE:  BARNES BOULEVARD WIDENING PROJECT

The Board accepted perpetual drainage and access easements; and executed the easements from the Trustees of the State of Florida Department of Environmental Protection (FDEP) and pertaining to the previously approved (on February 9, 2010) Application for Upland Easement for a portion of the Cruickshank Environmentally Endangered Lands Program acquisition, needed for the Barnes Boulevard Widening Project located in Rockledge, Section 22, Township 25 South, Range 36 East.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  TOURIST DEVELOPMENT COUNCIL (TDC) FY 2010-11 ADVERTISING MEDIA PLAN AND PURCHASE ORDERS TO ADVERTISING VENDORS FOR AD PLACEMENT AND PROMOTION COSTS OVER $100,000

The Board approved the proposed FY 2010-2011 advertising media plan; authorized Rob Varley, Tourism Development Director and the County Manager, or designee, to negotiate advertising rates and execute agreements with the vendors; and approved staff to execute purchase orders to advertising vendors for ad placement and promotion costs over $100,000 as recommended by the County Manager.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  BUDGET CHANGE REQUESTS

The Board approved Budget Change Requests, as submitted.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PERMISSION TO BID, RE:  COUNTY SERVICE COMPLEX - TITUSVILLE, REPLACEMENT OF AIR HANDLING UNITS, PIPING, AND PUMPS FOR HVAC SYSTEM

The Board authorized permission to bid, with alternates, the replacement of up to six air handling units, piping, and pumps for the HVAC system at the County Service Complex-Titusville; authorized the Chairman to execute the contract for same; and authorized all necessary budget actions to transfer funding from Repair and Maintenance to Facilities Major Improvements.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PERMISSION TO BID, RE:  BREVARD COUNTY DETENTION CENTER - WOMENS ANNEX, HVAC REPLACEMENT

The Board authorized permission to bid the replacement of the HVAC system in the Women's Annex at the Brevard County Detention Center; and authorized the Chairman to execute the contract for same.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  FEMA HAZARD MITIGATION GRANT FUNDING MODIFICATION #1

The Board executed Modification to Subgrant Agreement with Florida Division of Emergency Management for the Federal Hazard Mitigation Grant Program, for funds to be used to complete the upgrade of the bay doors, and to outfit the windows with protective shutters in the 31 fire stations; authorized Chief Larry Collins, Fire Rescue Director to execute any follow-up documents required by FEMA; and authorized any budget changes necessary to accommodate this modification.

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPOINTMENTS, RE:  COMMUNITY ACTION BOARD

The Board appointed Deborah B. Kelly, Anita M. McClure, and Verdell Shackleford, to the Community Action Board, with terms expiring December 31, 2011.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  EXECUTION OF AGREEMENT WITH COMMUNITY HOUSING INITIATIVE, INC.

The Board executed Agreement with Community Housing Initiative, Inc. and Community of Hope, Inc. in the amount of $62,675 to develop housing for families with children who are at risk of homelessness; and authorized the Chairman to execute subsequent modifications and amendments, contingent upon the approval of Risk Management and the County Attorney.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  AGREEMENT WITH CIRCLES OF CARE, INC., FOR BAKER ACT SERVICES

The Board executed Agreement with Circles of Care, Inc., for Fiscal Year 2010-2011, in an amount not to exceed $1,748,507, for Baker Act Services.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  AGREEMENT WITH COALITION FOR THE HUNGRY AND HOMELESS OF BREVARD COUNTY, INC., FOR AFFORDABLE RENTAL HOUSING

The Board executed Agreement with Coalition for the Hungry and Homeless of Brevard County, Inc., a Community Housing Development Organization (CHDO), in the amount of $96,995, for a Home Investment Partnerships (HOME) affordable rental housing project for very low and low income households; and authorized the Chairman to execute subsequent modification and amendments to the Agreement, upon review and approval of the County Attorney and Risk Management.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  APPROVING THE ISSUANCE OF BREVARD COUNTY HOUSING FINANCE AUTHORITY OF SINGLE-FAMILY MORTGAGE REVENUE BONDS IN 2010 AND 2011

The Board adopted Resolution No. 10-248, approving the issuance by Brevard County Housing Finance Authority of Single-Family Mortgage Revenue Bonds during 2010 and 2011.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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ACCEPTANCE, RE:  HEALTH INSURANCE AUDIT REPORT AND ACCOUNTS PAYABLE AUDIT REPORT

The Board accepted the Audit Committee Reports for Health Insurance and Accounts Payable.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

 

APPROVAL, RE:  BILLS

The Board approved the billfolder, as submitted.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PUBLIC COMMENTS

Maureen Rupe stated House Bill 550 for the residents of Port St. John; in 1988 there were approximately 12,000 residents; there are now 30,000 residents; those who were residents between 1988 and 1993, should remember the sewer fight of the whole community rallying around the Port St. John Homeowner Association, to embark on a decade long fight against mandated sewer, because of its price; in 1998 the State removed Port St. John from its Comprehensive Plan, for sewer under the warning, that if septic tanks were not looked out for and had high instances of failure Port St. Johns would be forced to use sewer; and she advised the east side of the tracks has approximately 90 percent of the residents using sewer, but the bulk of Port St. John does not.  She stated the Board passed an Ordinance that allows unlimited parking at homes in unincorporated Brevard County; since that time, she has seen lots of numerous vehicles parked on peoples property; it varies from lot-to-lot where the septic system field is located; these residents may or may not be parking on their septic system field; and there needs to be a remembrance of the several septic system field failures in Port St. John; and Port St. John will be forced onto sewer at a cost of approximately $12,000.  She stated if people are parking on their septic fields it can be crushed, usage will have to stop, and new septic fields will be needed at approximately $3,000 to replace it; there is no doubt to her that this program needs to be implemented for the health and safety of the residents, as well as, the health and the safety of the Indian River Lagoon; it is unfortunate that folks cannot afford the cost of a pump house every five-years; but if House Bill 550 is not implemented with the current parking rules in unincorporated Brevard County a more expensive consequence could emerge.  She stated she feels that the County should be more responsible in education of how to take care of a septic tank system; there are a lot of people that do not know how to care for one; tree roots can affect the septic tank system, as it did hers; and she thinks the County cannot afford to just do nothing about this problem.       

PUBLIC HEARING, RE:  ORDINANCE AMENDMENTS TO TOWER AND ANTENNA REGULATIONS IN CHAPTER 62 AND CHAPTER 210, BREVARD COUNTY CODE

Chairman Fisher called for the public hearing to consider amendments to Tower and Antenna Regulation in Chapter 62 and Chapter 210 of the Brevard County Code of Ordinances.

 

There being no further comments or objections, the Board adopted Ordinance No. 10-22, amending Code of Ordinances, Chapter 62 and Chapter 210, Tower and Antenna regulations.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

.

 

PUBLIC HEARING, RE:  RESOLUTION INCREASING WATER RATES OF SAN SEBASTIAN WATER, LLC

Chairman Fisher called for the public hearing to consider a resolution to increase the water rates of San Sebastian Water, LLC.

 

Richard Martens, Utility Services Director, stated during the summer a private owner of San Sebastian Water, LLC abandoned his water system because he could not pay the bills; it has been collecting about half of their expenses through rates; Utility Services has operated the system under a loan from the County since the first of August 2010; and it is clear to him that this system will need rate increases to continue with services.  He stated he and Commissioner Infantini met with about 40 to 50 percent of the customers early in summer at a meeting held; there has been advertisement as a pubic hearing in the newspapers and individual notification with the resolution attached; it doubles the rates, and he does not know if this will be the long-term fix for the Micco community.  He stated he has been soliciting another private owner to come in and take ownership; the optimism he has had over the last couple of months is weighing; he will know in the next few days whether or not there may be some one, who is willing to step in, and take over; and fixing the rates issue was important to every one he spoke with and no one was willing to come in and consider owning a system that is collecting only half of its expenses.  He stated if the rate increase will have to be confirmed by an order of the court by Attorney Knox on a order and hearing where a judge will finalize the action; this system was in-the-hole regarding maintenance infrastructure; there have been a number of improvements and still have a number of improvements to make; and he has been operating by retaining the private operators and with as much of the private sector people as possible to actually do the work at the facility.  He stated there is a cash flow issue right now; the bills that due will not be able to be paid until the increased revenue from the increased rates come in; part of his proposal is for the Board to authorized County staff to self execute some of the functions with emergency repairs, reading the meters, and possibly even operating the water plant; he is not sure what will happen when the County pulls away from the contract operator; and it will allow for invoice to San Sebastian Water, LLC for operating expenses and use the float of the finances for a larger system to time the invoicing to San Sebastian Water, LLC to their cash flow.  He stated he does not know if this is the final fix for San Sebastian Water, LLC rates; his concern is, as the rates are raised significantly; there is going to be some elasticity in the customer base; the County's loss of customers if rates are doubled; but the income may, in fact, not double; and losing 10 to 15 percent of the customers will not reduce expenses.  He advised if this is not able to be turned over to another owner in the next six months; there will be a better understand of the long-term base rate and liability of this utility company.

 

Commissioner Nelson inquired how much many has been sunk into this so far.  Mr. Martens responded the Board loaned $20,000, the bills through the first of November has been about $26,000; there is about $3,000 in the bank; the bills come due at the end of November and there is not enough money to pay those bills; in round numbers there has been 175 percent of the previous annual income in the last three months and are $20,000 in the hole with a loan that is secured with a mortgage against the property itself; if a new owner could be found, he thinks repaying these expenses that the County has made and the money that has been put into it becomes the purchase price; and he does not think this it should be sold as a business because it will discourage the purchaser and that purchased price will be just be passed on to the customers.  Commissioner Nelson inquired what happens if the County just walks away.  Mr. Martens responded he assumes the County can walk away; Attorney Knox and he have been discussing this matter; ultimately the County's ability to walk away would be based on the customer based economics of this system, if all the customers stay on-board and pay the rates; he thinks it could be arguable; most of the customers using the system have private wells and that is really the underlying problem with this utility, it was designed to serve 250 to 280 lots in a subdivision; there are about 100 houses in the subdivision now; and most of those existed before the water company came online for about two and one-half years.  He stated if the water company was to go out of business and go bankrupt; most of the homeowners would be able to go back to their original individual self-supplied wells; there may be 10 to 12 houses that do not immediately have a substitute water supply, either they are on a lot that is below the minimum size for both a well and septic system and they had to wait for the water connect to come online or there is a drain field restrictions.  He stated the Health Department does have a process of variances for permitting both septic tanks and private wells that are contrary to the normal rules; he thinks those 10 or 12 houses would have to go through a variance process to get a permit to drill their own well; there is one significant business located in Micco, that depends on the system for drinking water and fire protection, so that business would have to replace a substantial fire flow asset that utility is now providing.  Commissioner Nelson inquired when he and Commissioner Infantini meet with the community where the residents told their rates would be increased by 100 percent.  Mr. Martens replied he thinks it was inferred; he went in with the 2008-2009 Philippine Stock Exchange (PSE) reports with $15,000 a year in revenue and $30,000 plus in operating expenses; there was other expenses above and beyond that for some treatment modifications that happened in 2009; but the message was folks were collecting $15,000 in services being provided and it is costing $30,000.  Commissioner Nelson inquired if a new owner is able to force hook-up or is the County only able to force hook-up.  Mr. Martens responded as far as forcing hook ups; there has been discussions about mandatory connections on the sewer because of State law and requiring the County requiring certain things due to health and public safety; and he questions the health and public safety need because there is no indication that the existing wells have any problems; it is the same supply that the plant has; and then it becomes an economic issue.  He inquired if the section in the homeowner’s documents requiring every one to connect can be made a mandatory connection or not.

 

Scott Knox, County Attorney, responded there are deed restrictions requiring every lot owner in the subdivision to connect to the system owned by San Sebastian Utility; there is no such entity so the real question becomes can the County somehow morph San Sebastian Water, LLC into San Sebastian Utility; and that is an unknown to him and would probably have to get a Judgment from the Court to decide if the County can do that or not if the County ends up being the owner of the system or if the new owner comes in and buys the system they may have to do the same thing; the answer is not real clear because of the way the deed restriction reads; it does say there has to be hook-up, but it does not say to this particular system by this particular name.

 

Commissioner Bolin stated her concern is whether there is any mechanism to get the entire community to hook-up; if this is not able to be sold or managed by some one else and the County takes it over she would like to know where the tipping point is with people dropping off the provided service; and she inquired if there is a point of knowing how many customers are needed before going in the hole again.  Mr. Martens responded he does not have that type of information; and he thinks that is the concern when looking at this as an economic enterprise in the future.  Commissioner Bolin stated she agrees the rates do need to be raised; she wants caution to be used when moving forward with this so there is no ownership of something that is unaffordable to be done.

 

Chairman Fisher inquired if there is ability to the customers to sign an agreement for one or two years so there is a known income stream for a period of time because the County is in a way helping to bail the customers out.  Attorney Knox responded right now he does not think that the customers can be forced to sign an agreement for any period of time; if the County were to take over the system as The County and create a Special District to create a Municipal Services Taxing Unit (MSTU), or however the Board chooses to do so; there is a possibility for the County to require mandatory connection; it is something he will have to do more research on and the real question is, is that something the Board wants to do because there are wells; and does the County want to make them hook-up.  Chairman Fisher stated he knows some cities have the ability to tell if there is a system available to hook-up on versus going onto a septic system; since sewers are available here; there is not an Ordinance in place that tells since it is available there has to be hook-up.  Mr. Martens responded sewer is a mandatory connection for sewer; it really has more to do with the ability to maintain or to get a septic tank permit, which comes from the State law; there is no similar requirement for mandatory hook-up to the water system; and the Mims water system has a number of customers with pipes in the ground in front of their homes, who choose to stay on wells.

 

Commissioner Anderson stated on the 12 to 15 homes that have to have the water, would have to go through a lot of hoops, to get permitted for a well later on; and he inquired if the rates are raised what is stopping all of the other homeowners from dropping off the system, going back to their wells, and leaving these 12 to 15 customers out there and now it becomes nonfeasance for the County to operate it.  Mr. Martens responded there is nothing in place; there is and must be some advantage or reason for a number of people to stay on this system; and his indications are a number of people will stay onboard with this system.  Commissioner Anderson inquired if it would be known from month-to-month how many customers are dropping off from the system.  Mr. Martens responded yes.  Commissioner Anderson mentioned, it will be interesting to see what happens after this rate increase goes through.

 

Commissioner Infantini stated there may be an alternate solution just like when a road is paved that is not currently paved; there will be an assessed cost to the homeowners over a five to 10 year time frame from the estimates received from well driller's for information to use as an alternative; it currently shows an estimate of $2,600 per home and for 12 homes it would roughly cost $32,000 if well drilling was facilitated for those 12 homes; it could help the County get out of this business and it will help those homeowners get their variances through so there would be no more dependency upon the County; and it will also help the homeowners to be self supported, with a one-time-cost of $2,600, and perhaps be spread out over 4 years at $50 a month.  She mentioned instead of paying back the water fee every month at $50 the residents could pay Brevard County back $50 a month for four years, that way they would have a well, the County will be out of the water business, and all the other individuals, who have wells could put possibly backflow monitors; but she is not sure how it all works she is just trying to come up with a dollar cost because as Commissioners, it is his or her job to look out for the residents of Brevard County to have clean water.  She advised she would be happy to work with the community to see if she can get everybody to detach from the system and float $32,000 in four-year loans just like what is done for the roads when pavement is put in; she knows quite a bit of money was just given away for the paving of different roads; and she wants to do this for this community so they have water and it can be a very positive thing to be less dependant on Brevard County government.

 

Mr. Martens stated he mentioned 10 or 12 resident numbers came from him asking the people who have worked at the San Sebastian Water, LLC long-term an estimate of how many residents; if the drop out rate exceeds the County's ability to maintain this system a number of options would need to be explored for what it might do to solve the problem and back away; and he thinks things like adequate notice, funding opportunities, and bidding may be help get the costs down to be able to help the community.

Attorney Knox inquired if there are any speaker cards because it is a public hearing.  Chairman Fisher responded he does not see any speaker cards for this item.

 

There being no further comments or objections, the Board adopted Resolution No. 10-249, increasing water rates of San Sebastian Water, LLC in order to support continuing operations; and authorized staff the option of providing operation and maintenance services for San Sebastian Water, LLC.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PUBLIC HEARING, RE:  RESOLUTION ADOPTING FOURTH QUARTER SUPPLEMENT BUDGET FOR FISCAL YEAR 2009-2010, INCREASING TOTAL COUNTY BUDGET BY $46,871,242

Chairman Fisher called for the public hearing to consider a resolution to adopt the Fourth Quarter Supplement Budget for fiscal year 2009-2010, increasing the total County budget by $46,871,242.

 

Alphonso Jefferson, Budget Director, stated this item is recognizing the final year end budget for Fiscal Year 2009-2010; throughout this fiscal year there have been various items that came before the Board for approval; and this recognizes those items that have been already approved by the Board.  He stated there are some highlighted points on the Agenda report as far as, balance forward, grant funding, and some other items that have already been approved by the Board; and this is simply to recognize the final fiscal end of the year budget for fiscal year 2009-2010.

 

Commissioner Infantini stated the budget started out just over $1 billion at the beginning of the year 2009-2010; it was $1,930,000,000 and now the budget is $1,154,000,000 that is a $61,000,000 increase in the budget; when the budget was approved for $1,930,000,000 the Board was touting that it saved Brevard County by cutting the budget by over $80,000,000 and now it is down to a reduction of just $50,000,000 from the prior year; she is concerned that the Board is not living up what the taxpayers were told for 2009-2010 when the Board cut $80,000,000 from the budget and it really is $51,000,000 from the budget; and in moving forward to next years budget  will the Board tout a new number of $1,154,000,000 as a starting point to cut from; in the last three years the Board has increased the budget after approving it by $100,000,000; $109,000,000; and now $61,000,000.  She inquired what is going to be approved for 2011-2012 or 2010-2011 that will then just go back and increase it later; it almost feels like the numbers are being played with, telling the Board is going to cut the budge, but it goes back and increases it as the year goes on; and she expressed to the Board that she is not in favor of this.

 

Mr. Jefferson responded throughout the year balance forward is recognized; it is one of the major items on this particular item; there are ways that balance forward comes about, but essentially those are reallocated to existing projects; when balance forward is recognized it is allocating those dollars back to those existing project that are based on revenue and expenditure streams; and the final balance forward numbers do not come in until the March time frame, various grants are received throughout the year, those numbers have to be factored in, and the budget does not really adjust to it until that March time frame.  He stated it is heard throughout the budget process of grants that are looked at and until they are recognized they are not seen, as part of the budget.

 

Chairman Fisher stated if there is a grant it can increase what the actual budget was; it does not mean that it did not meet the decreases that were indicated; and there are at least 200 people, whom were laid off and that alone tells there were cuts made.

 

Commissioner Nelson stated he would like to point out that much of this is capital; the numbers that Commissioner Infantini is giving are numbers she is actually counting from each of those three years because it gets carried forward each year; it is a duplication in numbers; the reality is these are not new dollars, they are just an accounting process to recognize those dollars; and because they are in capital, once the project is completed, those dollars are gone, and the projects are completed.

 

Commissioner Infantini stated an increase of 16 percent was done on property taxes to provide an extra $40,000,000 to move forward into fiscal year 2010-2011; she thinks there is a correlation between the $40,000,000 approved to support the tax increase for the fiscal year 2010-2011 and the $46,000,000 budget adjustment being gone through today; she stated she understands cash and balance forwards; but at some point there has to either be an increased revenue or decrease spending going forward or there will be another 16 percent increase on property taxes.  She stated spending more than what is being taken in needs to stop; and that is all she is trying to express.

 

Commissioner Nelson stated he would like to point out that $4,000,000 of that was the Sheriff getting money from the cities being entrepreneurial proving their services; and he guesses the Sheriff could give the money back.  He advised Commissioner Infantini if taxes are increased by 16 percent there has been a Charter violation; he has not seen any one come forward and tell the Board that it has violated the Charter.

 

Commissioner Infantini advised she did not say taxes she said tax rate.

 

Commissioner Nelson advised Commissioner Infantini said taxes.

 

Commissioner Infantini noted she stands corrected.

 

There being no further comments or objections, the Board adopted Resolution No. 10-250, adopting Fourth Quarter Supplemental Budget for Fiscal Year 2009-2010, increasing the total County budget by $46,871,242; and authorized the Chairman to sign and approve the budget changes and such actions necessary to implement the adopted changes.  

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson

NAYS:                 Trudie Infantini

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PUBLIC HEARING, RE:  ORDINANCE ECONOMIC DEVELOPMENT TAX EXEMPTION FOR VERTICAL FARM TECHNOLOGIES FL, LLC

Chairman Fisher called for the public hearing to consider ordinance for economic development tax exemption for Vertical Farm Technologies FL, LLC.

 

There being no further comments or objections, the Board adopted Ordinance No. 10-23, economic development tax exemption for Vertical Farm Technologies FL, LLC.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  CLEAR CHANNEL SETTLEMENT AGREEMENT

Chairman Fisher stated he does have a speaker card for questions only on this item.

 

Scott Knox, County Attorney, inquired what Option is the Board choosing to use.

 

Commissioner Nelson responded Option two.

 

The Board approved the amendment of Clear Channel Settlement Agreement by adding an alternative of rebuilding billboards at existing sites under limited conditions.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PUBLIC HEARING, RE:  ORDINANCE AMENDMENTS TO CHAPTER 62, ARTICLE IX, SIGNS AS THEY RELATE TO BILLBOARDS AFFECTED BY SETTLEMENT AGREEMENTS WITH THE COUNTY

Chairman Fisher called for the public hearing to consider ordinance amendments to Chapter 62, Article IX, Signs, as they relate to billboards affected by Settlement Agreements with the County.

 

Robin Sobrino, Planning and Development Director, stated this is an ordinance to amend the billboard section of the Land Development Regulations; the purpose of which is to accommodate Settlement Agreements on billboards when the County is involved in a Settlement Agreement; and it will allow the special stipulations for replacements and upgrades of billboards as a result of the Agreement.

 

Chairman Fisher stated he has speaker cards for this item.

 

Ralph Webster, Outdoor Advertising, stated he is in support of the theory behind updating the sign ordinance to allow for digital technology and theory; he would like to see it taken one step further, by allowing upgrades, and not just for emanate domains and condemnation proceedings; and from what he understands those are the only two things the ordinance allows for.  He read aloud the sign ordinance for the Board "Section 62-3318 off premise signs findings intent and purpose the construction, erection, location, and use of off premise signs currently effects the esthetics public safety and public welfare of the people in County; construction and erection of further off premise signs within the County will further degrade esthetics attractiveness of the natural manmade attributes, etcetera."  He stated in those two sentences it had esthetics twice; as a billboard company it cannot import its esthetics if the Board does not allow approval; and he is requesting the Board take this item a step further to allow rebuilding and refurbishing of some existing structures; and not add to the amount of structures.

 

Commissioner Bolin's absence is noted.

 

Scott Knox, County Attorney, stated Mr. Webster is correct; it does restrict the upgrades to situations where the County is condemning property with billboards on the property; and the reason that was done was to avoid paying damages or costs awarded to the billboard company's.

 

Commissioner Nelson stated he does not have a problem with having a discussion about billboards; and he thinks there are bigger issues associated, with the fact of making a quick change at the last minute to this item.

 

There being no further comments or objections, the Board adopted Ordinance No. 10-24, amending Code of Ordinances, Chapter 62, Article IX, Signs as they relate to billboards affected by Settlement Agreements with Brevard County.

 

 

Commissioner Bolin's presence is noted.

 

The Board recessed at 11:03 a.m. and reconvened at 11:15 a.m.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

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SITE PLAN APPEAL, RE:  BELLWOOD CONVENIENCE STORE (09SP-01017) - SHYAM VIRANI, AS PETITIONED BY JERI PERRY AND CLELIA THOMAS

Robin Sobrino, Planning and Development Director, stated the parties have reached an agreement; and the appeal has been withdrawn.

 

The Board accepted the withdrawal of site plan appeal for Bellwood Convenience Store (09SP-01017) - Shyam Virani, by petitioners Jeri Perry and Clelia Thomas.

DISCUSSION, RE:   GRIFFIS BROTHER’S COCOA RECYCLING, 1415 SCHOOL STREET, COCOA, FLORIDA

Bobby Bowen, Code Enforcement Manager, stated this item is continued from the October 12, 2010 meeting, to give the respondents an opportunity to provide a sketch plan, to be reviewed by staff; and he is continuing to ask for an injunction.

 

Charles Griffis stated he is present today on behalf of Cocoa Recycling Center; he is trying to get some things straightened out with Code Enforcement from the last meeting he was present at; he thinks those items have been accomplished; he has all the permits needed such as, a permits for the sewer and replacements of the doors; and yesterday morning Mr. Bowen came for an inspection and told him the tires are an issue and they are no longer on the property.  He stated the only thing left to do, that might not come into compliance is one vehicle that had passed a previous inspection, but the vehicle would not crank because the battery was dead, but it does run well; he has not managed to remove the recreational vehicles, that he said would take him two weeks to remove, which is mainly due to the fact that he thought permits were needed to demolish them because the County dump or no other recycling center will not take them; and according to the law he does not need to remove them because he is not in violation to park the recreational vehicles there and stated he can have as many there as he wants according to Mr. Bowen.  He stated he believes he has came into compliance on everything the County wanted him to come incompliance with; he thinks the way people were coming onto the property loading and unloading has been solved with a change in direction of the way people come into the business; there can now be over 20 vehicles parked in front of the business, off the County right-of-way; and have access to more than 100 vehicles inside the property if necessary.  He stated Cocoa Recycling Center is renting one-third of the total warehouse; out of the one-third, that is being rented one-third is being used; and there is more than enough capacity.  He advised there was a window that fell out three days ago which Mr. Bowen seen yesterday and took a picture of; he did go to the Permitting Office and according to a gentleman there; there is no need for a permit to replace the window; and it has been taken care of, as well.  He stated he does not think there is anything else that is needed to be worried about; he has done everything that was asked of him to do; he is working very hard to make sure Cocoa Recycling stays incompliance and does not want to come out of compliance again; and he would like to emphasize that Cocoa Recycling is incompliance and is not associated with the rest of the property, he does not control the rest of the property, and violations on the rest of the property are the owners responsibility, not his.

 

Chairman Fisher inquired if Mr. Griffis stated he has a permit for septic tank; and he would like it to be shared with staff.

 

Victor Griffis stated Mr. Charles Griffis has pretty much summed it up; he will wait to see what is new that Mr. Bowen comes up with; and he is sure that the injunction will be in place because the County is working real hard to do so.  He stated Cocoa Recycling is bending over backwards to comply with the County; it is doing everything within regulation; and are operating the business like it needs to be operated.

 

Chairman Fisher stated Cocoa Recycling has been before this Board several times; it is trying to do everything to work with the Griffis's; and it is trying to figure out a way to keep Cocoa Recycling in business and comply with the laws.

 

Mr. Victor Griffis stated he wants to comply with everything, as far as Code goes; the recreational vehicles are going to be demolitioned; there were thoughts that permits were needed; but now that it is known, the permits are not needed, and they will demolitioned.

 

Commissioner Anderson stated he is not really in favor of injunctions; he has spoke with the County Attorney's Office about this; he will speak with Mr. Bowen, as well; and he does not mind doing an injunction if it specifically tells of certain things needed to be done; and in going through with an injunction, the County Attorney will tell the Board, that the County Ordinance needs to be abided by; and if an injunction is in place telling of certain things needed to be fixed before the County leaves them alone and at this point it is about to tip the scale of harassment and he is not comfortable with it.  He stated he does not know what the issues are, he will have to speak with Mr. Bowen about it, but he did say the issues were cleared up.  Mr. Victor Griffis stated if there are any new issues Mr. Bowen, will have to let him know because when Mr. Bowen was on his property yesterday he would not tell him if there was anything new found.  Commissioner Anderson stated this is a small business that he wants to have the opportunity to succeed in Brevard County; and he wants it to be successful so it is competing fairly.  Mr. Victor Griffis stated he would not want any unfair advantages going on.

 

Mr. Charles Griffis stated he now has a letter signed by Mr. Bowen that states Cocoa Recycling is allowed to have recreational vehicles stored on the property.

 

Gregory O'Leary stated he is owner and President of ATM Recycling; he has been in business since the year 2000; he bought 10 acres of property at 2151 Lois Lane, Cocoa; it is a flag lot; and has a large picture to show the Board to give every one an idea of what it looks like; and it cannot be seen from any adjacent buildings.  He stated he was forced to put in a 6,000 square foot building that costs three-quarters of a million dollars, new septic, and landscaping; he believes in competitors and competition because it given every one a change to pick and choose where he or she wants to sell their materials; and he stated Cocoa Recycling has to do what he has done by what the Ordinance says, a person must perform the duties inside of a building with a roof and doors.  He stated he has two huge exhaust fans at the end of the building for cars needing to pull into the building; he could not afford the improvement and did not want the improvements, but he had to do it, it is the right thing to do, and the only thing to do to be incompliance.  He stated he has worked with Mel Scott several years ago; staff has always been willing to work with him; the County is not shutting any one down or taking any ones property because in BU-2 Zoning Classification there are 32 business that run out of his building; Cocoa Recycling may have to shut the recycling down, but there are other opportunities; the County does not have to take Mr. Griffis's property; he does not want to see the County take his property; but when Code Enforcement is going to a site it should be able to see if the vehicles can be ran through a building to unload them; the answer is no, and therefore, the business will never be incompliance.  He stated he bought his property for $1 million; $750,000 had to be put into it to come incompliance; the Board has to do the right thing; the Griffis's may need to pick another line of business or the Board needs to give them time to put a building up; and if the Board does not do so then it will have a problem with him, because he just wants it to be fair.

 

Commissioner Anderson inquired if the improvements Mr. O'Leary made were based on a Conditional Use Permit.  Mr. O'Leary responded it was conditions in order operate the business that he chose to be in.  Commissioner Anderson inquired if Mr. O'Leary knows that he has the right to petition his government to lesson some of the requirements; he thinks Mr. O'Leary should not have had to do all that he did for his business.  Mr. O'Leary stated it was not supposed to be like it was; when someone comes knocking on the door telling him that it has to be done a certain way; it is the right thing to do, if he wanted his business to be successful; and he mentioned all of his employees have health insurance, Workman's Compensation, paid unemployment taxes, he is registered with the Department of Environmental Protection (DEP), he has a second and middle dealers licenses, and he pays for a permit to run the scales, he records all of his tonnages from recycling with the County every three months to the State at the end of the year so the County can get recycling grants, which he gets nothing from doing so because it is a requirement.  He noted 600 tons a year in recycling has to be done then the registration is needed with the DEP; he can have that total in one month and Cocoa Recycling probably can have that totaled amount in 12 months.  Commissioner Anderson stated he appreciates what Mr. O'Leary has done for the community and with his employees; he wants others to be successful; every one has to start somewhere; and this is where Mr. Victor Griffis has chosen to run his business.  Mr. O'Leary stated this has been going on for 15 years and it is not the start of a new business; and the Ordinance needs to be followed.  Commissioner Anderson stated he is sure when Mr. O'Leary first started out there were loans taken out for being an entrepreneur and that is now completely gone; that is the reason why there is a negative 10 percent of new business startups in America; it is encovant upon local governments now to help get the job market rolling again; and even if it is one or two employees collecting batteries it is something that has to be done because millions of dollars have been spent on economic development.

 

Commissioner Nelson stated if a person does not want to be indoors than Industrial Zoning is needed; there are places a person can go and run recycling operations; but if it is going to be done in a BU-2, which has neighborhoods surrounding it, the rules are going to be more stringent, and that is what the issue is.  He mentioned the problem is the business has gone from collecting cans to collecting all sorts of recycling; and after this is all said and done he is going to recommend the Board reconsider whether or not it allows recycling in BU-2, because he thinks that in today's given desire to recycle and the ability for these gentlemen to make money; and putting the businesses in neighborhoods is not the way to go because of the noise; and it is necessary, but it has too much activity for a neighborhood.  He advised Mr. O'Leary is doing a good job following the rules and that is what is being asked of Cocoa Recycling to do; the Griffis's tells the Board they are incompliance, but it is not; and he wants to make sure it is understood that the Griffis's are not doing work inside of a building, it is being done outdoors, which could be done in a Industrial Classification, and it cannot be done in BU-2.  Mr. Victor Griffis stated he has not been told what he is doing wrong outdoors.  Commissioner Nelson stated materials are collected outdoors; the rules tell it has to be done inside of a building, which is what Mr. O'Leary has done; and Cocoa Recycling does not have that capacity.

 

Mr. Bowen stated he would like to show the Board a short presentation.  Commissioner Anderson inquired if the presentation is from 1994, because it has already been seen; and time will be wasted.  Mr. Bowen responded it if from October 2010; the request action remains the same to authorize the County Attorney to pursue the injunction on behalf of the County because the property has chronically been out of compliance since 1994; staff has exhausted all administrative remedies to gain and maintain voluntary compliance; the efforts to achieve and maintain compliance to the County continues to spend valuable resources; there is a history of repeat violations of coming into compliance and then reverting back to practices that violate Code requirements; these issues are not new revelations to this business; and there is a summary of key violations found by citizens of the Code Enforcement Board and the Special Magistrate with maintenance of property found in violation in 1994, violated twice in 1995, 2001, 2004, 2006 is a repeat violation, and 2008 is a repeat, repeat violation.  He advised he will show the Board pictures of the repeat violations.

 

Commissioner Infantini inquired when the photographs were taken.  Mr. Bowen responded it was taken in 2008; that case went before the Special Magistrate; and Cocoa Recycling was found in violation of the Code.  He stated he realizes the examples shown today do not represent the property, as it stands today; however, he will tell the Board the history of the property is to go back to business as usual; and currently it is under an order from the Special Magistrate to bring the property into compliance; and this photograph is what it looked like.  Commissioner Infantini inquired if it has been brought into compliance; and she has not heard what Cocoa Recycling has done since the last meeting telling what is still out of compliance.

 

Mr. Bowen continued to explain to the Board there is unpermitted outside storage violations found in 1994, 1995, and 2005; 2001, 2004, and 2006 are repeats of this; and 2008 is a repeat, repeat violation of not operating within a structure, as required by the Code with examples showing the outside storage that was found in violation of by the Code Enforcement Board and the Special Magistrate.  He mentioned yesterday he visited Cocoa Recycling and there were approximately five vehicles on the property and one needed a battery to crank it; all of the vehicles started except for one; one has been setting for about a month and now has a flat tire; and have been in violation for junk vehicles in 1995, 2001, 2004, and 2008 as a repeat, repeat violation.  He stated the next photograph shows both parcels in the lower right hand corner it shows the home as one structure; it was operating from a very small piece of property of less than three-quarters of one-acre; it first started out as a fence company; in 1995 it became a can recycling operation and over time this operation went to larger and bigger items; in 2005 the property to the left of them was acquired which had a building that was built in 1946; it has evolved where they are today for a number of years; and the outside storage can been seen in the aerial photo that is the way Cocoa Recycling operated until it was forced to take other measures.  He stated he thinks the total acreage of the property is 1.68 acres combined today; on October 12, 2010, the Board directed the representatives of Cocoa Recycling to meet with staff for clarification and expectation of compliance; on October 27, 2010 Mr. Charles Griffis meet with the Assistant County Attorney, Nye; he reiterated the direction as ordered by the Board; the required permit has not yet been secured or picked up the DEP permit; and he inquired if Mr. Griffis has it present today.  He stated the ownership of Dora Avenue; he will read aloud "Per Resolution No. 2009-2010 Dora Avenue is a dedicated public road that the County has been maintaining for approximately seven years, which was before the Griffis's acquired the other piece of property in 2005."  He stated Mr. Charles Griffis agreed with the Board that cars were lining up out onto the right-of-way and have since submitting a drawing on November 19, 2010, showing it has rerouted traffic on Dora Avenue going south to accommodate more vehicles entering onto the Cocoa Recycling property; and Mr. Charles Griffis had stated then that all he wanted to do is come into compliance, have a better building, progress for the community, and he can stay in compliance from here and has all intentions of staying in compliance and hopefully one day he can develop the property better.  He stated the conclusion is the property has been in and out of compliance since 1994, and remains in non-compliance as of this date per County Codes; promises made at the October 12, 2010 meeting have not resulted in following through by the owners except for a small number of items; compliance would benefit this community and provide a level playing field for like businesses; an injunction places compliance in the hands of the Court rather than continuing to burden the County resources; and therefore, staff recommends that the Board grant permission to pursue a Court injunction against Cocoa Recycling, LLC.  He stated he does have photographs from yesterdays inspection if any one should so choose to see them; the window that is missing does not need a permit to be fixed; it cannot be left in that type of condition, which would be failure to maintain if not properly closed; the broken windows have been replaced as shown in the photos; the yard is fairly clean on the south side of the property adjacent to Lake Drive; there are some items scattered about; and he thinks the items seen yesterday are fairly quick fixes that can be done regarding the maintenance of property.  He advised operating outside the structure is another issue entirely; the barrels are part of the sorting that is done; and that sorting should be done inside the building.

 

Commissioner Anderson inquired if people, whom have rain barrels on a residential structure, should be inside.  Mr. Bowen responded those are not part of a business.

 

Mr. Bowen stated photographs of the tires shown have been removed; he still does not have a permit for those double doors shown next to the tires where a bay was enclosed, which is completely illegal against a Building Code that still exists today; there is a picture of a vehicle that was sitting there last month that was not operating because the gas tank was out of it; it has a flat tire now; it does not operate under Code; and it is considered a junk vehicle until it can move under its own power.  He mentioned the items shown on the ground are fork lift blades, a concrete mixer, and other items; there is some overgrowth; there are no tires on a large trailer with one side of it missing, and it is not road worthy.  Commissioner Fisher inquired if that stuff is supposed to be inside.  Mr. Bowen responded it cannot be outside just lying around the property; if it is going to be used and there is a permit for something to be constructed, it can certainly be had for the duration of the permit; but for items to be lying around forever and ever that do not seem to be going anywhere is a maintenance of property issue. 

 

Commissioner Nelson stated in Industrial Zoning, the Griffis's would be fine.

 

Mr. Bowen stated these are not new revelations; these are recurring things that have been noted before; the Griffis's have a tendency to disagree; and the photographs now are showing the recreational vehicles, that had people living in them, as noted in the previous visit; those are supposed to be pad locked and they are not; and were to be sold in a couple of weeks and if not they would be demolitioned.  He mentioned yesterday, Mr. Charles Griffis told him, that he thought he needed a permit to demolition the recreational vehicles; and if he would have contacted the Building Department, it would have told him the only reason a permit is needed is to demolish a trailer is if there are utilities hooked up to it and it is to make sure the utilities and septic system is removed properly, which is what the permit is designed to do to ensure those items are addressed; and the recreation vehicles are still sitting on the property.  He mentioned the direction has been changed to enter the property; at the top of the photograph it shows School Street which is residential; and Cocoa Recycling has basically rerouted traffic, to come in off of Dora Avenue, to go southbound, to unload outside, and carry the items indoors.

 

Commissioner Nelson inquired what the differences between Cocoa Recycling and ATM Recycling are.  Mr. Bowen responded daylight and dark; he has been to both operations for inspections; ATM Recycling is conduction all its businesses inside the structure per the Code, and is doing it correctly; his personal opinion is Cocoa Recycling is a slim-shoddy operation that has volume coming in and on some days there is not as much; and it just does not have it's act together.

 

Commissioner Nelson stated he is a little confused because Mr. Charles Griffis mentioned that he does not operate on the second parcel, but clearly things are seen stored there according to the pictures seen today.  Mr. Charles Griffis responded the dumpster's do no belong to Cocoa Recycling; he owns the dumpster's and that has nothing to do with this.  Commissioner Nelson inquired if recycled materials are put in them.  Mr. Charles Griffis responded he rents three of them to Cocoa Recycling.  Commissioner Nelson inquired if he thought it was kind of splitting hairs.  Mr. Charles Griffis stated he does not understand what Commissioner Nelson means by splitting hairs.  Commissioner Nelson stated to say that the dumpster's are rented to Cocoa Recycling and it is not part of their operation does not sound correct.  Mr. Charles Griffis stated three dumpster's are part of Cocoa Recycling; the other two dumpster's are on the other pieces of property which is used to maintain the other piece of property, as far as trash; and one he has just sitting there with nothing in it because he does not rent all the dumpster's to Cocoa Recycling.  He stated all the pictures taken were past inspections; he was told by Mr. Bowen, that he could keep the stuff there; now Mr. Bowen is saying that he cannot; and he does not understand the different in one time it is said to be okay and they next time it is a violation.  He mentioned Cocoa Recycling is not as rich or powerful as Mr. O'Leary is; Cocoa Recycling is trying to do the same as he is; and loading and unloading is done inside of the building.  He mentioned once it is unloaded off the vehicle it is taken inside just like the County Attorney and other managers told him to do; and every one agreed at the last meeting to take it inside, weigh it, and store it until it is ready to be transported out; it is loaded on a vehicle and taken off the property; there is no work being performed outside of the building period.  He stated he was told at the last meeting there is not a law against loading and unloading.

 

Mr. Bowen advised in 2007 he sent a letter to Mr. Charles Griffis's attorney explaining what could or could not be done; it is totally being misinterpreted; in addition, to the Cocoa Recycling, it wanted to enter into being a fence company again; a construction yard was talked about; a construction yard can be on the property, it has to be fenced off; and those things could be had if it was done properly and Cocoa Recycling did not do that.

 

Don Brendle stated he lives next door to Cocoa Recycling; he would like to have a recycling plant put in his building; he has two empty buildings ready to use; one, measures 100 foot long by 44 foot deep; second, measures125 foot long by 44 foot deep; and he would like to see what he has to do to be in the recycling business.  Commissioner Fisher stated staff would be able to help Mr. Brendle know what has to be done through the process to have a recycling business.  Mr. Brendle stated if the Griffis's can get away with the way they operate, he thinks, he should be able to do the same thing; he does not have to build a $750,000 building like Mr. O'Leary did; but he will needs to be able to pay the taxes somehow, which is part of it.  Commissioner Fisher stated Mr. Brendle defiantly has the right to be able to get into the recycling business; and staff will help him to figure out what needs to be done to be able to do so.  Mr. Brendle stated he would like to put up a sign, that states there is a recycle shop, lease the building out, and let some one go at it themselves because he is too old to run it himself.

 

Mr. O'Leary stated he is not a very rich man; his bank accounts today are running negative; he would love to hand them over; he started out working for Waste Management for 13 years; he had to have major back surgery; he acquired his business from Ed Hammond Recycling in 2000 for $35,000 on a $360 a month payment; he started buying scrap with $5,000, that was the rest of his 401(k) money from Waste Management when he was terminated for having back surgery; and he reiterated he is not a very rich man, it is not how much money he made, it is what he has done with the money he made, and he is a hard working man.

 

Commissioner Anderson inquired when Waste Management came to the County with the single stream deal was there negotiations made because Mr. O'Leary seems to be getting things that the Griffis's are not getting.  Mr. O'Leary responded he does not deal with Waste Management; he buys from the general public just like Mr. Charles Griffis does; he has four roll-off trucks now, 100 containers, construction material, waste hauling, and his business is a big operation; but he started out small just like the Griffis's and have been in business longer than he.  Commissioner Anderson stated he is trying to prove that the Griffis's prove no threat to ATM Recycling.  Mr. O'Leary responded it opposes a threat to him when they are not playing on the same ball field; he does not mean no harm to the Griffis's; but what is good for him is good for the next gentleman, just like Burger King and McDonald's; competition is good because it gives the people a choice; but he cannot pay $3.10 for a pound of copper like Cocoa Recycling does because it does not pay unemployment taxes and health insurance.

 

Commissioner Nelson stated he thinks the Board has gotten to the point where it has narrowed down what the real issue is; it is the ability to perform the service incompliance with the Code; and he thinks that is what the Judge will determine.  He stated Cocoa Recycling is handling everything outdoors and hauling it indoors; where at ATM Recycling a person drives into the building for unloading and sorting; that is not an apple to apples comparison.  He stated with the facility that the Griffis's have they can get there, which is all that is being asked of them to do to be incompliance with the rules; and the County has not been able to do that because there has been a lot of time spent trying to resolve this matter and the next step of the injunction needs to be in place to get it solved once and for all.

 

The Board approved request to pursue an injunction against Griffis Brother's Cocoa Recycling, LLC to ensure that the property achieves and maintains compliance with Brevard County Codes.

 

Commissioner Infantini stated in October there was a set of things that the Board had asked Mr. Charles Griffis to do; she was under the impression that he had not done any of them; she came prepared to vote accordingly; he proved her wrong; he did not seek any of her assistance; instead the traffic was rerouted to meet the rules, the facility looks even cleaner than when her staff visited the property, everything has been organized, as well as it can be, and she does not see where there is a rule that there has to be a car drive-through, but she does see where the operating activities have to be inside, and there is nothing in the Code that says the cars must drive there for loading and unloading, it is not specific, it is unstated, which could indicate that some one interpreted the rules; she is not willing to apply one set of interpretations to another person to make them go out of business; and she was totally prepared to vote one way and after all the discussions she does not see where he is doing things, that he is not supposed to be doing.  She stated he has worked materially as much into compliance as he possibly can; it seems to verge on harassment; she does not know at what point, as a County Commission, it stops going forward; it was able to seek justice for some one who was harassed by another constituent; and she would just like to see the same for this gentleman.

 

Commissioner Anderson stated he appreciates where the Board is coming from; putting an injunction on any body is a very sever penalty; it is usually utilized when there is direct health and safety issues to people or the environment is being polluted; he does not want to put any one under the threat of government, to jail some one by government hand because esthetically it does not look good, abiding by Zoning, or in competition with another legitimate business; and he is doing everything in his power to do what he is supposed to be doing.  He stated his warning to Cocoa Recycling is it needs to get to where ATM recycling is; if it needs rezoning than do so; but in lieu of that no one is going to die if nothing else happens at Cocoa Recycling and he is not going to put them through the threat of any court injunction.

 

Chairman Fisher inquired what the definition of injunction is.  Scott Knox, County Attorney, responded injunction is a court order telling the individual involved that he is either prohibited from doing something or that he has to do something.  Chairman Fisher stated his concern with this whole issue is that it has been back and forth three different times; the Board has been very nice with Mr. Charles Griffis and his nephew Mr. Victor Griffis, Jr. telling them to get their business cleaned up; and he is surprised that they would allow anything to be out of compliance after the third time of coming before the Board and it does not seem to be working.   

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                 Trudie Infantini, Andy Anderson

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AWARD OF CONTRACT WITH JUDICIAL CORRECTION SERVICES, INC., RE:  PRE-TRIAL SERVICES AND MISDEMEANOR PROBATION SERVICES

Steve Stultz, Central Services Director stated on March 23, 2010 the Board authorized the solicitation of Request for Proposals (RFP); and appointed a selection committee to evaluate those proposals.  He stated the original intent of the RFP was to pursue opportunities to sustain those mandated services that Criminal Justice Services provides while also trying to accommodate some of the current fiscal demands that the County has been facing; as a result of those RFP's there have been responses received and brought those back to the Board on August 3, 2010; at that time he thinks the Board actually delayed any decision on the results of the proposal to hear presentation from both the first and second ranked firms; and on August 26, 2010, the presentations were heard; and the Board approved proceeding with negotiations with the best ranked firm Judicial Correction Services, Inc (JCS).  He stated the Board approved allowing County Manager, Howard Tipton to establish a negotiation committee to conduct those contract negotiations; those meeting were held between the committee and JCS and as a result of those negotiations, he is present today to bring the negotiated contract to the Board for consideration.

 

Chairman Fisher stated there are two speaker cards for this item.

 

Dennis Moon, Judicial Correction Services, stated he has a handout for the Board; it is a letter addressing a concern posted to him by the County Court Judges; in review of the contract which came out late last week there are a few Judges, whom have concerns about the lack of detail in the contract when it comes to the Pre-Trial Release (PTR) process; and he is inquired if this is approved today JCS be allowed for an amendment before taking over on January 31, 2011 to implement a detailed plan, to make sure the Judges feel comfortable with JCS overseeing that aspect of operations.

 

Tim Buckley stated he commends the Board for taking action on an idea that was brought to it in September 2009, by his firm and client; before moving forward with this contract he would like to offer in this economy, that there is nothing in this contract that guarantees the employment of every County employee currently in the Misdemeanor Probation Department; if the proposed contract is not willing to put that in writing including a 10 percent increase in salary for those employees; the Board has the right and responsibility to pass on this because it has a better deal on the table.

 

Commissioner Anderson stated he would like to make a motion to approve with the added stipulation for the PTR language as brought up by Mr. Moon; motion dies due to the lack of a second.

 

Commissioner Nelson stated he still has some concern with the savings; it did not equate to some of the testimony that had been received previously, as to what those could be; he does not have a detail of this; and now in light of the discussion of the Judges concerns, he wants to make sure that they are in agreement first, before any contract moves forward.  He inquired on the last comment made by Mr. Buckley that the Board has the ability to consider the salary issue, as part of its award process; and he has been advised that, that is probably not the case. 

Shannon Wilson, Deputy County Attorney, responded the criteria that were included in the RFP simply asked the vendors to state what proposals they had to consider the employment of County employees; but it did not address any specific criteria as to the number of the employees or any of the benefits that would be provided.  Commissioner Nelson stated at least on the two issues of the Judges on the savings, he would like to see more details before the Board moves forward.

 

Commissioner Bolin stated she concurs with the information that was just received in regards to the Judges; she would like to have it cleared up before the Board votes on any final contract.

 

Chairman Fisher mentioned for clarity purposes he knows at one time the savings was estimated to be $800,000 if this change is made; later it was found in the process that there were certain things that could not be outsourced; and he would like staff to clear that up to ensure the public and the Commissioners are aware of it.

 

Stockton Whitten, Assistant County Manager, stated when the County originally started looking at this, it was in the last fiscal year; the transfer for PTR was approximately close to $800,000; there were positions that were supposed to be deleted in the current fiscal year so the proposed transfer for the current fiscal year was approximately $661,000, by Statute there cannot be any outsourcing of the felony probation cases and the two offers needed for those function were reduced out of potential savings; the Department Director is going over under a different classification and there is a finance position that is going under Housing and Human Services;  there were four positions that were removed from any potential savings so the original proposal for the fiscal impact that is effective for this fiscal year or any annual fiscal savings is what the County would have spent the $661,000 minus the saving there associated with outsourcing; and those are approximately $400,000.    

 

Chairman Fisher stated one of the other issues he thinks is kind of a little bit concerning on his end is the benefit package; the actually cost of health insurance is considerably higher, which is not unusual in the private market, but not having an understanding of what the pay scale is going to be to offset that health insurance; it would be nice to get some clarification on that too.  He stated Commissioner Anderson's motion did not pass; and he inquired if there is another motion on the floor.

 

Commissioner Nelson stated he would like to withdraw the item and bring it back at a later date; and he inquired if there is a time critical point with this item.  Ms. Wilson responded the plan was that contract would go into affect on January 31, 2011, the current contractor that is proposed for this contract has assured the County that basically they only need about 30 days; as part of this contract; there is a transition scheduled and actually part of that transition schedule is for the contractor to meet with Judges to resolve how some of those issues would transpire back and forth, including PTR and other things, since the judges were not represented at the negotiation session; and as long as they have 30 days that would be appropriate.  Commissioner Nelson stated he thinks it is just to critical to try and rush into it with being down to the final stage; there is a meeting on December 21st and if it bumps it up a month, in terms of implementation; and he thinks it is worth the time to go through this because this a significant undertaking for all.

 

Chairman Fisher inquired if there is any direction Commissioner Nelson would like give staff, as far as what he would like to be worked on.  Commissioner Nelson responded he would like to see a detail of savings, a detail of the benefits package, and have staff continue to meet with the contractor and the Judges, to make ensure issues are resolved.

 

Chairman Fisher inquired if there is anything else any other Commissioner would like add.

 

Commissioner Anderson responded no, but he wants it to be clear that the $400,000 in savings   was built into the budget; and if it does not move forward the rest of the Commissioners are going to have to find it from somewhere else.

 

Commissioner Nelson stated yes, but the $400,000 is not being made.  Commissioner Anderson stated it is built into next year’s fiscal budget.  Commissioner Nelson advised according to the Agenda Report it is a savings of $250,000 for this year.  Commissioner Anderson mentioned even if it is $10 it should be looked at.  Commissioner Nelson responded he thinks it should be more of a savings than $10.  Commissioner Anderson advised he understands and does not want to mess any of this up.

 

Chairman Fisher advised if there is nothing else to add, he thinks staff has the direction it needs; and there is no need for a motion.

 

The Board reached consensus to withdraw consideration of contract with Judicial Correction Services, Inc. to provide pre-trial release services and misdemeanor probation services for the County; and to direct staff to provide the Board with details of savings, the benefits package, and to continue to meet with the contractor and judges before awarding contract.

BOND RESOLUTION, RE:  RECOVERY ZONE FACILITY BOND (EMBRAER PROJECT) SERIES 2010

The Board adopted Bond Resolution No. 10-251, authorizing the issuance of Florida Recovery Zone Facility Revenue Bonds, Series 2010, in the aggregate principal amount of not to exceed $35,659,000 to finance a portion of the Embraer Project; authorized the Chair, County Manager, and Clerk or their designees to sign all necessary bond documents; and authorized appropriate budget changes, if necessary.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  EMPLOYMENT AGREEMENT WITH SAJID QAISER, M.D., DISTRICT MEDICAL EXAMINER

Howard Tipton, County Manger, stated the Medical Examiner, Dr. Qaiser's, M.D. contract is expiring; no changes are being proposed for the salary or benefits to the Contract; however, the bigger change will be it is an annual contract that does not have to come back to the Board on a regular basis; Dr. Qaiser, M.D. has been doing a very good job for the County; he works very well and has a high praise from the State Attorney's Office; and he is asking for approval of this contract.

 

Commissioner Infantini stated the contract that was signed and approved in September 2007, states the annual salary would be $178,000; however, when the math is done in the agreement, it works out to be $194,000; she does not know who reviewed the contract, but the original salary that was agreed upon for the Medical Examiner was $178,000; the reason for switching from a contract worker to a regular employee is it is only going to cost the County about another $37,000; and in the 2006 to 2007 time frame compensation and benefits was $620,000, in 2009 to 2010 time frame $1,059,000, which is a $400,000 increase going from contracted services to employee services for employees and benefits; she is afraid that perhaps the information was not correctly calculated when it was originally presented; and she brings this to the Board's attention because now it is struggling for extra money to fund the probation office and she is see the benefits are very, very high for this Department.  She stated she does not have a problem with Medical Examiners job; the Board did not elect Dr. Qaiser, M.D. as the Medical Examiner, the Governor appoints who it is, and the County pays for it; the job was originally performed for $178,000 and the individual paid their own social security, medical insurance, and benefits; and now that the County is absorbing all of that, its cost of increase is $400,000 or 66 percent in that last four years; if this path is continued of converting every one to be an employee from contract labor; she thinks it is going to bankrupt the County; and she urges caution to be used when moving forward with this contract.  She advised this is a rolling contract that will not come back to the Board for approval; it is automatically approved, as long as the Governor keeps appointing the same person; she would rather see this contract come back to the Board annually, rather than have it be a rolling contract.

 

Stockton Whitten, Assistant County Manager, stated it is his understanding that the $178,000 figure is incorrect; the correct figure of his salary has been $194,000.  Commissioner Infantini stated that is correct, but paperwork shows it was agreed to pay him $178,000.  Mr. Whitten advised he thinks the $178,000 is an incorrect figure that was never corrected; the compensation and benefits appears to be for the entire function as Medical Examiner, as apposed to the Medical Examiner and the Associate Medical Examiners; he is 100 percent confident the compensation and benefits have not gone up $400,000 over a three or four year period; and he believes out of the $1 million figure, it is for the entire Medical Examiner's Office.  Commissioner Infantini stated that is correct; she may not have expressed it clearly; the Medical Examiner's Office compensation and benefits started out at $600,000 in 2006 to 2007; now it is well over $1 million, which is a $400,000 increase, that is a 66 percent increase in four years in compensation and benefits; and she is not saying it all went to the Medical Examiner.  Mr. Whitten advised he still does not think it is an apple to apples comparison because those increases over that period of time would have been the insurance increases, the Florida Retirement System (FRS) increases, and Workers Compensation increases.

 

Shannon Wilson, Deputy County Attorney, stated she thinks there is an additional piece to this, as well, and perhaps a report may need to come back to the Board; but just based on her knowledge, initially, there was not another full-time Associate Medical Examiner; there was a part-time contracted Medical Examiner; she does believe because of the case load there was an Associate Medical Examiner hired, who is also an employee, which has taken place in this interim period, but she does not have all of the information in front of her and that may be one of the reasons why; and she can come back and inform the Board of such information.

 

Chairman Fisher stated one thing he thinks that would be very helpful in the future is when Commissioner Infantini see things, that she has concerns about; he would appreciate if she would meet with staff and verify the numbers before they are thrown out there to the public so there can be a good understanding if the numbers are real or not real; the questions can get answered that she may have; staff is a part of this team; he is quite sure, that staff will answer any of the questions she may have; and it will help the process move along a lot easier.  Commissioner Infantini advised she did meet with Mr. Tipton; she did have information; this is all pulled from the annual actual budget numbers, it is not like she just pulled these numbers out of a hat; and she promises she will not come to the meetings and bring fictitious numbers.  Chairman Fisher inquired if she can tell him the difference between the 600 and 400.  Commissioner Infantini responded yes, the 600 and 400 is the difference in compensation; there was an Associate Medical Examiner hired; however, the workload has decreased so it went from 709 autopsies down to 694; the County is paying extra money to have an additional Medical Examiner to help cover the workload; and she appreciates the opportunity of having a report.  She mentioned there was an extra person hired on in the Medical Examiner's Office because when she did her analysis at the first budget workshop in 2008 to 2009, she was trying to present to the Board that this Department, overall, has increased 66 percent in compensation and benefits; it goes without saying that it is the insurance and Workman's Compensation; she does not need to break down all the details because it is a line item number; if the budget presentation format could be switched, it may help make it a little easier and user friendly for every one to see where the specific items are if they need to be broke a part by health insurance and Workman's Compensation; and right now the budget book is not laid out that way.

 

Mr. Tipton stated staff is happy to provide information; but the Board's consideration is still needed at this time.              

 

The Board approved and authorized the Chair to execute an Employment Agreement between Brevard County and Sajid Qaiser, M.D., District Medical Examiner.     

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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WAIVER OF APPLICATION DEADLINE, RE:  FY11 BREVARD COUNTY COMMUNITY CULTURAL GRANTS - BREVARD ART MUSEUM

Chairman Fisher stated he has a speaker card for this item.

 

Steven Maklansky, Brevard Art Museum Executive Director, stated the Brevard Art Museum (BAM) has been a major cultural resource in Brevard County for more than three decades; similarly, the Brevard Cultural Alliance (BCA) does great work in supporting economic development in Brevard County; this is a simple matter, that arose from a technical glitch; each year one of the responsibilities of the BCA, is to administer the grant to a cultural community fund; there was notice solely put out through email this year as documented in the letter that is part of the Agenda; the BAM never received notice that the grant was in pending; based on the information and recommendation of the County Attorney, BAM went ahead and submitted its grant; and according to the grant panel review, it recommended BAM to receive $4,200 of the $100,000 that the Board has put forth for the community; and he is hoping the Board will approve this waiver.

 

Chairman Fisher inquired if Mr. Maklansky was present at the September meeting when the deadline was being presented.  Mr. Maklansky responded no; BAM had not received that email, as well, letting BAM know that there was going to be a meeting.  Chairman Fisher inquired if there was a pre-workshop type of meeting that he was a part of.  Mr. Maklansky responded not that BAM was made aware of.

 

The Board approved waiver of Application deadline for the FY11 Brevard County Community Cultural Grants program for Brevard Art Museum.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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Upon Board consensus, the meeting adjourned at 12:27 p.m.

 

 

 

 

 

ATTEST:                                                     __________________________________

                                                                    ROBIN L. FISHER, CHAIRMAN

                                                                    BOARD OF COUNTY COMMISSIONERS

_________________________          BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK