February 8, 2011
Feb 08 2011
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
|
|
INVOCATION
The invocation was given by Scott Terry, First Baptist Church of Indialantic.
PLEDGE OF ALLEGIANCE
Chairman Robin Fisher led the assembly in the Pledge of Allegiance.
The Board approved the December 7, 2010, December 21, 2010, and January 11, 2011 Regular Meeting Minutes.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Bolin read aloud, and the Board adopted, Resolution No. 11-020, recognizing the Silver Anniversary of the Indian River Colony Club.
Retired Major General Gene Anderson expressed appreciation to the Board for the Resolution; and stated he believes the Indian River Colony Club has the best community in the County. He added he served at one time on the Budget Committee; and he saw quite a bit of what went on. He went on to say Indian River Colony Club is a caring community; they work hard in volunteer jobs; they volunteer at the libraries, hospitals, nursing homes, homeless kitchens, and they read to the children in schools; and they are proud to be here today and the first community to start in the Viera Complex.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Nelson stated the S.R. 528 repair is coming along well and ahead of schedule; he expressed his appreciation to all of the residents for their patience, because it has been trying; stated to go north on Merritt Island, a person has to go to Cape Canaveral; it is a difficult time; but everyone has been understanding.
REPORT, RE: FRIDAY’S IN THE FIELD - ANIMAL SERVICES
Commissioner Anderson advised his office is back doing Friday's in the Field again; they went out in the field this Friday with Animal Services; they do an outstanding job with the resources they have; he is always amazed that these guys walk up to a door like law enforcement; they do not carry any weapons; and when he went out, everyone, for some reason, was really nice.
REPORT, RE: MAX BREWER BRIDGE OPENING
Chairman Fisher advised that Max Brewer Bridge opened on Saturday; there were 1,000 people there, and 800 runners; he represented the Board very well; he won the Clydesdale Division, which is 250 lbs. plus; he ran his three miles in 32.49 seconds and had to go over the bridge twice; and Sunday morning he was still hurting.
ITEMS TO BE PULLED FROM THE AGENDA
Commissioner Bolin pulled Item III.C.2, Approval, Re: Tobacco/Smoke-Free Environment Policy; Commissioner Nelson pulled Item III.A.5, Approval, Re: Waterline Easement to Brevard County for San Sebastian Water Plan, and Quit Claim Deeds for 7th Avenue Right-of-Way in Micco; and Commissioner Infantini pulled Item III.A.1, Resolution and Joint Participation Agreement with Florida Department of Transportation (FDOT), Re: Beach Outfalls Stormwater Retrofit Project, from the Agenda for discussion.
ITEM III.A.1., RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), RE: BEACH OUTFALLS STORMWATER RETROFIT PROJECT
Commissioner Infantini advised she has one correction on this Item; the Agenda Report indicates the Item represents Districts 3 and 5; but all of the projects are located in District 5. She added her staff checked with the Supervisor of Elections to make sure. She went on to say she wanted to ensure the funding is coming from where it should come from; and she does not want funding to come from District 3 that should not come from there.
The Board adopted Resolution No. 11-021, and authorized the Chairman to execute Joint Participation Agreement and Easement with Florida Department of Transportation (FDOT) to share costs for the Beach Outfalls Stormwater Retrofit Projects, specifically for Canova Park and Sunrise Park.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.A.5., APPROVAL, RE: WATERLINE EASEMENT TO BREVARD COUNTY FOR SAN SEBASTIAN WATER PLANT, AND QUIT CLAIM DEEDS FOR 7TH AVENUE RIGHT-OF-WAY IN MICCO
Commissioner Nelson stated when he briefed with Assistant County Manager, Mel Scott, he had questions. He inquired if anyone else receives compensation as part of giving up easements; and if the County is creating a vesting of lots by doing this.
Dick Martens, Utility Services Director, advised the owner of the lot where the County took the waterline easement, to his knowledge, is the only one provided compensation; and in discussions with the right-of-way folks, this was the approximate value of what a fee simple purchase of the easement would have been. He went on to state that staff was trying to keep the process moving forward to make sure if a buyer is found for the water system, that all that would be taken care of, and that would not be an impediment.
Assistant County Manager Mel Scott stated as far as the vesting goes, staff calculated the square footage of the lots, and by taking some of this square footage frontage from those lots, they are still buildable lots, so they do not have any vesting or non-conforming issues.
The Board executed the Agreement with Barry P. and Barbara L. Billington, and accepted the Waterline Easement and Quit Claim Deeds for the west half of 7th Avenue right-of-way, giving clear title for the San Sebastian Water Plant in Micco, located in Section 14, Township 30 South, Range 38 East.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.C.2., APPROVAL, RE: TOBACCO/SMOKE-FREE ENVIRONMENT POLICY
Commissioner Mary Bolin stated she had some questions on this Item. She stated she agrees 100 percent about smoking locations on campus; but she does not want to prohibit anyone who smokes to be employed with the County; and it is a little overbearing.
Chairman Fisher concurred with Commissioner Bolin.
Commissioner Nelson added that he is not ready to approve this item as it is, because he too has similar concerns.
Motion by Commissioner Bolin to strike Items 4, 5, and 6; and inquired if that would handle it. Frank Abate, Human Resources Director, advised that is exactly right.
Commissioner Anderson seconded the motion, with discussion. He inquired if certain positions are regulated by the State and a person cannot smoke; with Mr. Abate responding in the Collective Bargaining Agreement that is addressed separately for Fire Rescue employees, because there are different provisions for that.
Chairman Fisher stated at some point in time the Board may want to visit the issue of whether or not, from a health insurance premium standpoint, a smoker versus a non-smoker, and whether they ought to be charged for that similar to life insurance on the premium side, not punish them by not hiring them, but that they pay extra because they are a smoker. He went on to add he does not think it unusual to have a smoke-free facility, but it sounds like there will just be designated areas to smoke.
Mr. Abate informed the Board that there is a meeting with the Employee Benefits Advisory Committee within the next week or two, and the issue of paying extra if a person smokes; and staff can bring it to the Committee for consideration if the Board wanted.
Commissioner Infantini noted that dependents could be smokers as well; and if a surcharge is charged to the employees who smoke, then family members should be charged. She pointed out there would not be inequity there. Mr. Abate stated from a preliminary perspective, to see if and how that type of policy can work in the public sector jurisdiction, a member would have to sign an affidavit on behalf of the family and have either an individual or family rate; and if there is any member in the family who is a smoker, there would be a surcharge on the family rate.
Chairman Fisher stated if someone was a smoker and he or she became a non-smoker and is clean for 12 months, the rate could be removed.
Commissioner Nelson remarked he does not know if this is ready to go as it is; some of the definitions are not clear; inquired if it includes the Constitutional Officers; and advised he is not comfortable. He added he would prefer to see it go back to staff and have it refined.
Mr. Abate stated it does not impact other Charter Officers because it is a Board policy; for Board employees the policy prohibits them from smoking on County facilities unless it is in a designated area; it is not a smoke-free campus type policy, it does not impact the public, and it would not impact the Charter Officers, because the Board's jurisdiction over its employees is what this policy is addressing.
Commissioner Bolin stated one of the things it will stop is coming into the entrances to the building, a person will not have to go through the group that is out there smoking; and it would just move people into an area where they are allowed to smoke without interfering with the other people coming into the building.
Chairman Fisher inquired if the Board is saying the rules that are applied will not apply to the Constitutional Officers; and if those employees can smoke in the front of the building but the County employees cannot. Mr. Abbate replied this only relates to Board employees, so Charter Officers have the ability to make their own personnel-related policies related to their employees; this policy was not drafted intending to impact the public, because there are issues in Florida in terms of a municipality or county government to regulate smoking-type issues in a public arena, because the State has preempted that with the Florida Clean Indoor Air Act; there are counties and municipalities that are doing it, like Sarasota County; and even the University of Florida is the first major university that has a non smoking campus. He advised when staff drafted this policy, they did not try to address the public arena, it was only as it relates to employees under the Board's jurisdiction from an employment perspective. Chairman Fisher indicated his concern is that the other Charter Officers employees can smoke but not the County employees under this proposed policy; and inquired if the Charter Officers have been contacted regarding this policy.
Commissioner Bolin stated in hearing the discussion she will support Commissioner Nelson's request to have it looked at again; the Constitutional Officers need to have a heads up since their offices are located in the County buildings; and stated she will withdraw her motion and have it tabled instead.
Commissioner Anderson withdrew his second to the motion.
County Manager Howard Tipton stated he believes the Board is the landlord for all of the Constitutional Officers, and as such, he would think the policies will extend to all of the County facilities; and as the policy is retooled, staff will look at it in a larger scope, and take the Board's comments into consideration.
The Board took no formal action on consideration of request to approve a new policy for a Tobacco/Smoke-Free Environment.
The Board executed Binding Development Plan Agreement with Acorn Ministorage of Brevard, Inc. for property located on the north side of S.R. 192, approximately 0.57 mile west of Wickham Road.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board executed Binding Development Plan Agreement with Bobby L. Cox for property located on the southeast corner of Fenner Road and Cox Road - 4185 Fenner Road, 665 Cox Road, and 685 Cox Road, Cocoa.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board approved standardized purchasing of Road and Bridge equipment, as required by Policy BCC-25, with the understanding that State contract pricing will be sought first, and in the event that is not available for the particular equipment noted, the bids will be sought specific to this equipment with the intent of purchasing from the lowest bidder; and authorized a five-year renewal period for the equipment.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.A.6., CONTRACT FOR SALE AND PURCHASE WITH TIMOTHY GLEN HILTON, RE: 1.07-ACRE PARCEL LYING WEST OF THE BREVARD COUNTY CENTRAL DISPOSAL FACILITY FOR THE PURCHASE PRICE OF $12,000 PLUS CLOSING COSTS
The Board executed the Contract for Sale and Purchase with Timothy Glen Hilton, for 1.07-acre parcel lying west of the Brevard County Central Disposal Facility for the purchase price of $12,000, plus closing costs; and noted a Phase I environmental assessment and survey will be performed on the property located in Cocoa, west of the Brevard County Central Disposal Facility, prior to the closing per Land Acquisition Policies and Procedures.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.A.7. AGREEMENT WITH WHEELABRATOR RIDGE ENERGY, INC., RE: SALE, TRANSPORTATION, AND DISPOSAL OF WOOD WASTE
The Board executed Agreement with Wheelabrator Ridge Energy, Inc. for the sale, transportation, and disposal of approximately 30,000 tons of wood waste per year from the County's Solid Waste Disposal Facilities at an annual estimated amount of $262,500.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.1., APPROVAL, RE: BUDGET CHANGE REQUESTS
The Board approved the Budget Change Requests, as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.2., ACCEPTANCE, RE: AWARD OF VOLUNTEER FIRE ASSISTANCE GRANT FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY
The Board approved acceptance of the Volunteer Fire Assistance Grant provided by Florida Department of Agriculture and Consumer Services, Division of Forestry, in the amount of $4,849.50, for the purchase of four mobile VHF radios and antennas, and installation in Brevard County Fire rescue brush trucks for stations 28 and 29.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board executed a Grant Agreement with the Department of Children and Families to receive Challenge Grant Funds; approved the funding recommendations of the Brevard County Continuum of Care Coalition; and authorized the Chairman to execute the sub-recipient agreements and contract amendments contingent upon approval from the County Attorney and Risk Management.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.4., APPROVAL, RE: LOW INCOME POOL AGREEMENT WITH THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION
The Board authorized the County Manager or his designee to execute Agreements with The Florida Agency for Health Care Administration's Low Income Pool for Primary Care Enhancement.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.5., APPROVAL, RE: LOW INCOME POOL AGREEMT WITH THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION/HEALTH ALLIANCE
The Board authorized the County Manager or his designee to execute Agreements with the Florida Agency for Health Care Administration's Low Income Pool upon approval of the County Attorney and Risk Management; accepted a cash donation; and approved an increase of $206,017 in the Housing and Human Services Department's General Fund transfer for the required Low income Pool match.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board approved naming a baseball field in Mitchell Ellington Park, Barney Maas Field.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.7., RESOLUTION, RE: QUALIFIED TARGETED INDUSTRY BENEFITING PROFESSIONAL AIRCRAFT ACCESSORIES (PAA)
The Board adopted Resolution No. 11-022 of Qualified Targeted Industry benefiting Professional Aircraft Accessories (PAA).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.8., RESOLUTION, RE: TAX ABATEMENT APPLICATION QUALIFYING PROFESSIONAL AIRCRAFT ACCESSORIES (PAA)
The Board adopted Resolution 11-023 of Economic Tax Abatement qualifying Professional Aircraft Accessories (PAA) as an eligible business under the County's Tax Abatement program; and authorized a public hearing to consider adopting an exemption ordinance.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.C.1., PERMISSION TO ADVERTISE AND APPOINT SELECTION COMMITTEE, RE: RFP FOR A TOWER LIGHT MONITORING PROVIDER FOR THE 800 MHz RADIO NETWORK
The Board approved an advertisement for a Request for Proposal (RFP) seeking qualified providers to replace and update the outdated tower light monitoring system that exists at the 800 MHz radio network tower sites; appointed the Selection Committee consisting of you; Lesley Lewis, Brevard County Fire Rescue; Lacie Davis, Emergency Management; Lisa Morgan, Emergency Management; and Eric Conklin, Emergency Management; and appointed the Negotiation Committee consisting of you; Lacie Davis; Lesley Lewis; and Stockton Whitten, Assistant County Manager, or his designee.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board acknowledged the appointments/reappointments of Lori Helton to the Community Action Board, with term expiring December 31, 2011; Tom Breen to the Historical Commission, with term expiring December 31, 2011; Richard Contrares, Jerry Jagrowski, and Jack Smink to the Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2011; Stockton Whitten to the Spaceport Commerce Park Authority, with term expiring December 31, 2011; Milo Zonka to the Transportation Planning Organization Citizens Committee, with term expiring December 31, 2011; and Ed Newell to the Wickham Park Advisory Committee, with term expiring December 31, 2011.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Reverend Earl Medlen stated as a taxpayer he tried to submit the consent agenda he just distributed to the Board about salaries in the County. He explained that he has no animosity towards anyone in the County; he does not have a bone to pick with any individual; he is using two separate individuals that he knows what they make; but he finds it absolutely appalling, even if it was in a booming economy. He went on to say the County has people making anywhere from $80,000 to $200,000 a year off of taxpayers monies; he tried submitting the agenda but it was knocked down because the Board has absolutely nothing to do with that; but they have a hired employee that controls that. He reiterated he finds it appalling that the elected officials, the highest authority in the County, has nothing to do with what goes on in this County. He remarked that he is ashamed for the Commissioners.
ITEM V.A, PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT TAX EXEMPTION FOR FLORIDA RESEARCH INSTRUMENTS, INC. (FRI, INC.)
Stockton Whitten, Assistant County Manager, stated this item is the public hearing for adoption of a tax abatement ordinance for 90 percent for nine years; and if successful, the company intends on creating 30 jobs with an annual wage of $80,000.
Commissioner Infantini stated from her understanding the tax abatement applies to organizations that hire at least 10 employees; what she would like to put in there is rather than it applying to 10 employees, that it applies to a minimum of 25 employees; and if he plans to hire 30 jobs, could the Board at least make it 25 employees.
Commissioner Anderson inquired if that would require a change to the Tax Abatement Ordinance. Mr. Whitten responded the program tracks with the State requirements, and the State requirement is a minimum of 10 jobs; and the Board's compliance with regards to maintaining the abatement has been relating to those 10 jobs.
Commissioner Nelson stated it may keep small businesses from applying, and that is the last thing the Board wants to do is to set up a circumstance where fledgling companies are not able to begin; and it is where the County is and he will support the item.
Chairman Fisher stressed that even with 10 jobs at $80,000 per year, that would be a payroll of $800,000; and that is pretty darned good and a sizable company.
The Board adopted Ordinance No. 11-01, granting Economic Development Tax Exemption to Florida Research Instruments, Inc.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Planning and Development Director Robin Sobrino stated this is a Small Scale plan Comprehensive Plan amendment at the interchange of I-95 and 5A; this area will be serving as the Gateway to the Future Farmton Project; this is a request to go to Community Commercial Zoning; the basis for the request is that the entranceway to Farmton will utilize a good deal of the commercially-designated property in that quadrant of the interchange; and so they would like to add a little bit more in so they would have a developable piece of property.
Glenn Storch expressed his congratulations to the Board and staff for DCA's recent decision to find this economic development gateway plan in compliance; it is a marvelous thing; it is showing there will be economic development in this area at the Northgate Way; and the Board should be very pleased with staff. He added this is a fairly simple issue; there is Farmton local planning going in, which is the economic development generator; this will be the actual gateway of that, which is at the corner of 5A and I-95; clearly there is a reason for this, the Board needs to have some kind of commercial or something that is appropriate in that location as well as single-family residential; and this small piece is presently designated as single-family residential. He went on the state the plan is consistent with the County's plans; the County has a plan that actually encourages economic development areas like this within a half a mile of the interchanges; and now the trick will be getting those jobs to come to this area.
The Board adopted Ordinance No. 11-02, setting forth Small Scale Plan Amendment 11S.02.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM VII.B.1., APPROVAL, RE: WRITE-OFF OF UNCOLLECTIBLE AMBULANCE AND HAZMAT ACCOUNTS RECEIVABLE FY 09/10
Chief Larry Collins, Fire Rescue Director, stated what is before the Board this morning are the annual write-offs for uncollected debt from the EMS and Haz Mat operations; as the Board may recall from last year, there are three components to the write off for EMS; first, staff has gone through the process, billed the individuals, and have not received payment; that is about $5.8 million; and the important thing is even though staff does this as an accounting measure to close out the books, they still continue to pursue those dollars. He added last year staff was able to collect $165,000 for the coffers; and staff will continue to pursue those collections. He noted the second part of this has to do with contractual write-offs; the County may charge $700 for an ALS call, but the federal government may only allow $300 max, so there is a gap; and it has to be written off to balance the books. He explained the third write-off is bankruptcies, estates, and those types of things that simply cannot pay; and that is a small portion of approximately $20,000 overall. He went on to say the last has to do with hazardous materials response; there is a Florida Statute and a Federal Rule that allows the County to seek reimbursement from those that cause hazardous materials incidents; and in this particular case, it is the balance staff was not able to recover as a result of those efforts.
Chairman Fisher inquired if, when these are turned over to a collection agency, do they do credit reports, or report to a credit bureau; with Chief Collins responding affirmatively.
The Board approved the FY 2009-2010 uncollectible EMS and HazMat accounts receivable write-off, in accordance with Ordinance No. 79-21; and accepted a report regarding collection action following mandatory write-offs of uncollectible accounts receivable.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM VII.B.2., LEASE AND RESOLUTION, RE: PRE-TRIAL RELEASE AND MISDEMEANOR PROBATION SPACE AT COUNTY COURTHOUSES
County Manager Howard Tipton stated recently the County transitioned to a private provider for probation services; one of the best practices out there is to make sure people are caught as they come out of the courtroom to make sure they have the right paperwork and understand what their next steps are; typically, these are people who are maybe less organized than the average person; and having a station outside of the courtroom to capture these folks is critical to getting them off to the right start. He added the fallback is if the County is not able to do this, there ends up being people who technically violate their probation because they threw the paperwork away when they walked out or never got proper direction, and they end up coming back through the system perhaps being rearrested. He added this was not anticipated during the contract negotiations; it was something that was a practice the County discontinued when it was doing it; and JCS advised it was critical to their success. He stated JCS is asking that the Board provide a small amount of space located near the courtrooms so people can be signed up and sent on their way.
Commissioner Nelson stated it would have been more helpful had that been negotiated with the contract; they will probably make more money as a result of this; the space should be given at fair market value versus just giving away the space; they had every reason to bring it up during negotiations but they did not; the County has reduced its own staff and still makes them pay for offices that are not even occupied; and a private sector organization wants the County to give it space, which the company will benefit from. He reiterated he will support fair market value for the space.
Chairman Fisher advised he had the same concern; he asked staff to do some research yesterday; there is a total of 270 square feet between the three different locations; under normal circumstances it is about $1,675 a year in rent; and it would be approximately $140 a month in rent, which he would support.
The Board approved a Lease Agreement and Resolution, allowing the non-competitive lease of County property, office space, in each of the County's three Courthouses, contingent upon $140 per month rent.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM VII.D.1., APPROVAL, RE: APPOINTMENT OF REDISTRICTING COMMITTEE - BREVARD COUNTY CHARTER REQUIREMENT
County Manager Howard Tipton advised that every 10 years the Charter requires that right after the Census information comes in that the Board appoint a Redistricting Committee, similar in makeup and nature to the Charter Amendment Committee, for the purpose of taking a look at the populations within each district and adjusting them based on the Census data; this process, based on the last time around in 2001, seems to have taken about six months; and it is appropriate to get that started now because it must be completed by December 31st of this year. He explained what staff is asking for today is for the Board to come back in two weeks on February 22nd and provide the appointments to this board; staff is also asking for direction as to whether the Board wants to appoint the chairman and vice chairman or if it would like the Committee to appoint the chairman and vice chairman.
Commissioner Bolin stated regarding the chairman and vice chairman, she believes it would be the appointment by the Committee Members because they would be working as a body together, and the Board does not really know what the mix will be.
Chairman Fisher inquired if two appointees will be from inside a Commission district and one from outside; with Commissioner Anderson replying affirmatively.
The Board approved appointment of a 15-member Redistricting Committee, with three members being nominated by each Commissioner, consisting of not less than two members residing in each Commission District; and authorized the chairman and vice chairman of the Redistricting Committee to be elected by the Committee Members. The Board further noted the appointed members will be approved at its February 22, 2011 meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Stockton Whitten, Assistant County Manager, informed the Board that this is a request to amend its tax abatement guidelines to utilize the 2011 Statewide average wage of $39,856; there are three criteria that are used in determining a tax abatement recommendation, number of new employees, capital investment, and the average wage for employees; and staff believes that utilizing the average Statewide wage will allow for a more competitive environment in terms of attracting businesses.
Commissioner Infantini stated she distributed a spreadsheet to the Board that she prepared; she stated she is glad to see the Board is favorable to saving over $800,000; with the current layout and point structure of the Tax Abatement Program, basing it on the average wage, someone who creates 60 jobs at $38,000, which is just below the average wage, they would not receive any points for that, yet it would generate $2.2 million in wages every year; but someone creating 21 jobs at $60,000 would create $1.2 million in annual wages. She advised that someone crating 21 jobs at $60,000 a year would not be eligible for a tax abatement under the current guidelines. She proposed that the Board not adopt this average wage saying a company does not receive points unless they pay at least $39,856 in average wages, because a lot of folks would be lost that could maybe create a lot of jobs but their jobs would not be as high paying as the high-tech jobs; the County needs all jobs, not just high-tech; and she reiterated she did not want to scare off a lot of businesses that would create numerous jobs.
Mr. Whitten stated the question would be would that firm have a higher capital investment; the way the scenarios run here, the capital investment is the middle range; the higher range allows for three points for capital investments; as the scenarios are ran it is difficult to determine whether or not that company would have come in with a higher capital investment or at the range that is actually projected; reiterated that three components of whether or not a tax abatement, number of employees, wages, and capital investments; and it is a mix of those three with regards of how the points are distributed and ultimately whether a tax abatement is received and at what level.
Commissioner Infantini stated zero points would be received if a company had less than the average wage; in her scenario where both organizations contributed $7.5 million in infrastructure, they still would not receive enough points; the minimum points allowed for a tax abatement is nine points; and they would generate eight points, which is below the threshold of nine. She added it is an unfair structure.
Mr. Whitten advised the Brevard County average is $42,050; it is easier for a smaller company to hit that $39,000 figure than it is to hit the $42,000 figure; that is the added benefit of reducing the baseline for Brevard County's wage; and it does offer the County a competitive advantage in a smaller business in that they are not trying to hit the $42,000 wage, they are trying to hit the $39,000 wage.
Commissioner Infantini stated maybe the point structure could be changed to allow at least two points if a company paid below the average wage. She advised she would make a motion to approve if two points would be given to an organization paying wages below the average.
Commissioner Nelson stated there will always be someone who is just below whatever line is established; in the scenario, McDonald's would get two points; and he does not think that is what the County is trying to do to encourage minimum wage. He went on to say it would be making it better by dropping the wage requirements by almost $3,000; it is recognition needed to diversify; and the salaries would be lowered away from some high-tech salary levels, which have skewed the number.
Chairman Fisher stated if Commissioner Infantini wanted to work with staff and EDC to come with other ways to benefit, it could be helpful; and it is the best way to go about that.
The Board adopted Resolution No. 11-025 amending the guidelines for the Economic Development Tax Abatement Program as recommended by the Economic development Commission of Florida's Space Coast.
RESULT: ADOPTED [4 TO 1]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
.
ITEM VII.D.3., APPROVAL, RE: BUSINESS EXPANSION AND JOB RETENTION FUNDING ASSISTANCE TO PROFESSIONAL AIRCRAFT ACCESSORIES (PAA)
Stockton Whitten, Assistant County Manager, stated at the last regular meeting the Chairman brought this item before the Board; it is to provide funding in the amount of $12,500 in ten years to Professional Aircraft Accessories (PAA) to allow them to remain in the County; as the Agenda Report notes, there is an equivalent amount of funding from the City of Titusville that will provide assistance on lease rate to correct what is now a competitive imbalance that exists in the marketplace between the rates in Titusville and alternative locations outside of the County and the State of Florida; they will utilize both the tax abatement, State funding, and this financial assistance to remain in Titusville and expand their facility; and they will retain the 135 existing jobs and create an additional 50 jobs.
Chairman Fisher stated this is the item where he met with Mr. Goldstein and he is going to invest over $1 million into this building to help this company to expand because they basically got a new contract from the military for some helicopters; and it is very critical to employment in North Brevard County.
Commissioner Infantini stated she is all in favor of working with businesses that are currently in Brevard County; she has been a proponent of that and has reached her hands out to many local businesses; the tax abatement is doing that; but if Reserves are dipped into for every business that threatens to leave, the County will run out of money. She advised she is not in favor or spending $12,500 out of Reserves to do this; the tax abatement will help greatly; and reiterated she is not in favor of this item.
Chairman Fisher stated the Commissioners better get used to, just like it is trying to recruit companies, other cities are doing the same thing; and some of the companies in Brevard are attracted to other markets in other places.
The Board approved an annual allocation of $12,500 to Professional Aircraft Accessories (PAA) for business expansion and job retention to Brevard County; and approved funding for the request from the General Government Reserves.
RESULT: ADOPTED [4 TO 1]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
.
Chairman Fisher pointed out that he is surprised Ms. Canales is back before the Board because he thought the Board sent this issue back to staff to work on; and then the Board was going to address the item at a later date.
Penny Canales expressed her appreciation to the Board for voting to waive the permit fees at the last meeting; and she is already getting input from some of the business owners that he or she was very happy and appreciative to the Board. She stated they presented a resolution to the Board for consideration at the last meeting, but it was very short notice when the Board received it; she brought it back because it has a couple of other issues in the resolution that would provide a little bit extra relief to the business owners; one of those being that it includes the portable signs because in the definition in the Sign Code the portable signs are not considered a temporary sign; and when a person gets a permit for the portable and temporary signs, the portable signs he or she can only receive a permit four times a year, and for a temporary sign six months out of the year. She went on to say the resolution gives the business owners the right to display those signs all year with the permit.
Scott Cuthbert stated he requested that one permit carry throughout the end of year so a person does not have to keep going back; it does not change any of the existing Ordinances; and the Board has the power under its Part II Code of Ordinances, Chapter 2, Article V, Finance Section 2.132. He added the only thing in the proposed resolution that changes the Ordinance would be in Section 3.B.5 where it gives the schedule of fees and codifies it as Section 63.3320; if the Board would strike that last sentence, it would affect any of the other Ordinances; and he does not know why the Board would have to go through the process of public notices like the Board does with regular ordinances.
Chairman Fisher inquired if Ms. Canales and Mr. Cuthbert had any other issues. Ms. Canales advised no, but they still want to work with staff on the Sign Code; they have not been contacted yet; and she knows those things take time. She went on to say Ms. Sobrino said to change an ordinance, staff had to do reports and studies; and this was to complete the task until they could work with staff on the Ordinances and Sign Code. Chairman Fisher urged them to work with staff on the issue so they could bring a full report back to the Board, so the item is not getting piecemealed. Mr. Cuthbert advised they would just like to get this bite of the apple regarding the temporary sign thing through the end of the year.
Keith Rigler stated he has been in Brevard County for about 41 years; a lot of these businesses have been paying taxes for a long time; the whole morning has been about tax abatements and giving money for people to stay in Brevard County with these large businesses; and he thinks it is sad that a business has to even get a permit to get a sign. He added the Ordinance should say the size of the sign and where it is at; staff should be doing this towards all aspects of business in the County, reduce the paperwork and times that people have to put into getting these permits. He stated it is sad a business has to go through this to stay in business; everyone is hurting; and reiterated that the shortening of the paperwork would be a lot better, and not even having a permit for it.
Commissioner Infantini stated she would make a motion to approve the resolution; the motion was seconded by Commissioner Anderson.
Chairman Fisher inquired if the Board was going to give staff time to look at and research it. Commissioner Infantini advised staff has had a decent amount of time; originally, when the resolution was received, many of the Board Members had not had sufficient notice to review it; and she thought with the extra two weeks it would perhaps be sufficient time to review it, which she spoke to Penny about. She added she spoke with Mel Scott about this, about how they are working on the Ordinance, she knows they are looking to revamp the Ordinances and make some changes, but there are people in the public who have spent considerable time and effort to pull this together; and she appreciated all of the effort given by Penny and Scott. She went on to add it would be beneficial to the smaller business that were spoken about, those with 10 employees, to help them stay in business; the Board is all about helping businesses stay in business; and this is a small step and a good idea.
Commissioner Anderson stated the way he views this, it is just a moratorium until staff can work on the Ordinance; it is no fault of anyone, it is just years and years of ordinances and ordinances that became this antiquated tangled web; and he is in favor of doing the moratorium until the web is streamlined.
Commissioner Nelson stated he believes the entire Board supports basically doing away with fees, but he does not think all of the rules can be thrown out; his concern is in a strip center with 10 businesses in it, there could be 10 temporary signs for the next year; and that is not what he thinks the entire community wanted. He added his community would not respond very well to having 10 portable signs lined up flashing on Courtenay Parkway; there are limits in place; the Board should try that first instead of throwing everything out and going 100 percent in the other direction; the process is going to be streamlined and staff is going to work with those folks to get their permits; but reiterated he does not think all the rules can be removed about how long the signs can be out there, because that is what is in place now. He noted the Board has come a long way to work with the business community; there are two signs here and one says, "Hems $7"; he does not think it will make or break the business to have two signs that says, "Hems $7"; it needs to get more sophisticated and do a better job; and Board has made a huge step in the right direction as far as cost, staff is working with them on the permitting process, and staff is working on the Code itself to streamline it.
Commissioner Infantini inquired if Scott Cuthbert could come back up to address some of those concerns. She advised in the past the Board has been allowed to ask questions of the individuals. Chairman Fisher stated that is fine, but the Chairman needs to decide, or the entire Board whether or not Scott comes back up; and requested that Scott sit down and the Board will let him know when he can come back up.
Chairman Fisher remarked that he lives in a community that the yesterday rules have created part of today's environment; signs is a major issue in North Brevard and the way it looks; he is a small businessman who has been in business 22 years; he understands what it is like to be a small business; and he does not think a sign on the road is going to decide whether that business survives or not. He went on to state what he is concerned about is the way that is going to look for a community; the City of Titusville is in a process to make it stricter on signs because it has junked up the community into something people are not really proud of; he has hesitation of loosening the rules without some thought out process of what that will look like; and if a strip mall has 15 tenants in it, and all of a sudden there are 15 flashing signs, and some are professionally done and some are hand written, it will go the other way as far as development goes. He advised there are nice communities that have no outside signs that do very well because their business model is good and they have a good product; and reiterated he is not totally convinced that a sign is going to sell or not sell a business. He indicated he will not support that today.
Mr. Cuthbert stated the resolution is specially written so that portable signs with the flashing lights, a person can only have one per eight units, so a strip mall with 16 units will only have two of the portable signs. He went on to add the temporary signs will be put out during business hours and put away at night.
Chairman Fisher stated from a personal standpoint, the Board sent it back to staff so he has not studied the resolution; and he was not prepared for the Board to address it.
Commissioner Bolin stated it was her understanding that this is in the hands of staff to bring something back to the Board; she inquired if staff has a copy of the information provided by Ms. Canales and Mr. Cuthbert; and inquired if there is no charge for the permit or per day for the sign. Mel Scott, Assistant County Manager, advised that portable signs and temporary sign fees have been waived.
Chairman Fisher inquired if the Ordinance could be changed by a resolution anyway; with Robin Sobrino, Planning and Development Director, advising no.
Commissioner Anderson advised a temporary moratorium could be done by resolution.
County Attorney Scott Knox advised a moratorium could be done by ordinance as well, but it would be done as an emergency.
Chairman Fisher called for a vote on the motion; motion failed with Commissioners Nelson, Bolin, and Fisher voting nay.
Commissioner Nelson stated new technology is out there that would accomplish a lot of what Mr. Cuthbert and Ms. Canales is talking about; as an encouragement to businesses to upgrade signage, with new digital technologies, there are ways of doing the advertising and changing that message that would alleviate some of the problems the County is having; to encourage that, he would like the Board to look at waiving those fees for those kinds of signs to encourage people to make the investment to replace some of the old signage with new signage as another alternative to being more business-friendly. He added not everyone is going to be able to afford to do it, but those that can, the Board should make it an incentive.
Commissioner Infantini inquired when the Board could expect to see the revised Ordinance; and she is just looking for an approximately time frame. Mr. Scott advised it is hard to guess right now, but for the people who are interested to put together an underlined strike through of the Ordinance; he will be looking at their ideas; he will try to schedule a meeting next week to get together; staff is compiling some of the Codes that they have been told are very user friendly; and he would expect for the Board to see a complete overhaul of the Sign Ordinance that has been amended very piecemeal for decades. He reiterated the Board will see a fairly drastic underlined strike through version of the Ordinance comprehensively of the Sign Ordinance. Commissioner Infantini inquired what is the approximately time frame. Mr. Scott advised 30 to 45 days for the work at staff level.
The Board acknowledged a Citizen Request by Penny Canales for Temporary Signs; and failed to adopt a resolution submitted by Ms. Canales requesting a new item to be added to Section 62-3307, Miscellaneous Signs, Exemptions from Permit Requirement.
RESULT: DEFEATED [2 TO 3]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Trudie Infantini, Andy Anderson
NAYS: Robin Fisher, Chuck Nelson, Mary Bolin
.
ADJOURNMENT
Upon consensus of the Board, the meeting adjourned at 10:08 a.m.
ATTEST: __________________________________
ROBIN L. FISHER, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
________________________
MITCH NEEDELMAN, CLERK