November 29, 2011 Regular
Nov 29 2011
CALL TO ORDER
Title
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Status
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Arrived
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Robin Fisher
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Commissioner District 1
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Present
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Chuck Nelson
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Chairman, Commissioner District 2
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Present
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Trudie Infantini
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Commissioner District 3
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Present
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Mary Bolin
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Commissioner District 4
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Present
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Andy Anderson
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Vice Chairman, Commissioner District 5
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Present
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INVOCATION
The invocation was given by Reverend Daniel Mix, Marine Corps League Chaplain.
PLEDGE OF ALLEGIANCE
Commissioner Anderson led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
The Board approved the November 15, 2011 Regular Meeting Minutes.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
REPORT, RE: ITEMS PULLED FROM AGENDA
Howard Tipton, County Manager, stated he is pulling Items III.B.2., Approvals, Re: New Sheriff's Office North Brevard Precinct Patrol Facility and VII.B.4., Resolution and Lease Agreement with Friendship Community Development, Inc., Re: Use of Space in Cocoa West Community Center and Woody Simpson Community Center; and both items will be coming back to the Board for discussion on December 13, 2011.
REPORT, RE: SERVING THANKSGIVING AT ISAAC CAMPBELL, SR. PARK
Commissioner Fisher stated he and his family served Thanksgiving dinner at Isaac Campbell, Sr. Park on Thanksgiving Day; he feels it was a great experience for his children; and expressed his thanks to the many churches and individuals involved who helped serve and provide food for 250 to 300 people.
REPORT, RE: MERRITT ISLAND GIRLS VOLLEYBALL WINNING STATE CHAMPIONSHIP
Chairman Nelson stated the Merritt Island Lady Mustang volleyball team won the State championship; and the team will be receiving a resolution in January.
ITEM III.A.1. SIDEWALK EASEMENT AGREEMENT WITH THE VIERA COMPANY, RE: SIDEWALK LOCATED ALONG THE WEST SIDE OF STADIUM PARKWAY AND NORTH OF VIERA BOULEVARD
The Board executed the Sidewalk Easement Agreement with The Viera Company for a sidewalk located along the west wide of Stadium Parkway and north of Viera Boulevard.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.2. CONSERVATION EASEMENT AMENDMENT ONE WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD), RE: PINE ISLAND STORMWATER IMPROVEMENTS AT KINGS LAKE PARK
The Board approved Amendment No. One to the Conservation Easement for conveyance to St. Johns River Water Management District (SJRWMD) associated with the Pine Island Conservation Area Stormwater Improvements for offsite mitigation at Kings Lake Park.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.1. APPROVAL, RE: BUDGET CHANGE REQUESTS
The Board approved Budget Change Requests, as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.3. GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, RE: CHALLENGE GRANT FUNDS
The Board executed a Grant Agreement with Florida Department of Children and Families to receive Challenge Grant Funds; and authorized the Chairman to execute sub-recipient agreements, subsequent modifications, and amendments contingent upon approval from the County Attorney and Risk Management.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.C.1. RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR HARRIS CORPORATION
The Board adopted Resolution No. 11-262, qualifying Harris Corporation as an eligible business under the County's Abatement programs; and authorized a public hearing to consider adopting an exemption ordinance.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.C.2. RESOLUTION, RE: QUALIFYING PROJECT BOAT AS A QUALIFIED TARGET INDUSTRY
The Board adopted Resolution No. 11-263, qualifying Project Boat as a Qualified Targeted Industry.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.C.4. APPROVAL, RE: APPOINTMENTS/REAPPOINTMENTS
The Board appointed/reappointed Darleen Hunt and Josiah Snodgrass-Neal to the Art in Public Places Advisory Committee, with terms expiring December 31, 2012; Scott Carswell and Michael H. Williams to the Building and Construction Advisory Committee, with terms expiring December 31, 2012; Jean Morgan and Loretta Wilson to the Central Brevard Library & Reference Center Advisory Board, with terms expiring December 31, 2012; Pastor Theodore V. Ballard, Pastor Edgar Buckern, and Luella W. King to the Community Development Block Grant Advisory Board, with terms expiring December 31, 2012; Izeal Battle, Leartis Brothers, Reverend Melvin Chatman, Jimmy Jackson, and Betty Wells to the Cocoa West Community Advisory Committee, with terms expiring December 31, 2012; Antonio Rovira to the Community Action Board, with term expiring December 31, 2012; Bud Crisafulli, Tim Davis, Roger Drabyk, and Luke Miorelli to the Contractor's Licensing Board, with terms expiring December 31, 2012; Britta Hawkins to the Country Acres Advisory Board, with term expiring December 31, 2012; Neal Johnson to the Economic Development Commission of the Space Coast, with term expiring December 31, 2012; Jim Durocher, Mark Nathan, and Douglas Sphar to the Environmentally Endangered Lands Program Recreation and Education Advisory Committee, with terms expiring December 31, 2012; Liz Alward to the Employee Benefits Advisory Committee, with term expiring December 31, 2012; Vince Lamb, Pat Pasley, and Rocky Randels to the Environmentally Endangered Lands Procedures Committee, with terms expiring December 31, 2012; Bud Crisafulli to the Extension Advisory Council, with term expiring December 31, 2012; Ann Downing, Douglas Hendriksen, Joe Morgan, and Bob Swenson to the Historical Commission, with terms expiring December 31, 2012; Kathy Wall to the Investment Committee, with term expiring December 31, 2012; Carol Hurst to the Library Board, with term expiring December 31, 2012; Mike Cunningham and Kelly Haugh to the Marine Advisory Council, with terms expiring December 31, 2012; Pat Pasley to the Melbourne Beach Public Library, with term expiring December 31, 2012; John Campbell, John Ells, Vicky Fischer, Ray Hoffman, Isaac Houston, Cathy Jarrell, Hank Salvin, Albert Thomas, and Robert Williams to the Merritt Island/Beaches Service Sector Advisory Board, with terms expiring December 31, 2012; Aneta Ott and Laura Ward to the Planning and Zoning Board, with terms expiring December 31, 2012; Lou Howard to the Public Golf Advisory Board, with term expiring December 31, 2012; Laurie Chase, Mike Cunningham, James Michael Murray, Frances Salerno, Lisa Stephenson, Loretta Surface, and George Theriault to the South Mainland Library Advisory Board, with terms expiring December 31, 2012; Bob A. Baugher, John Porter, and Tony Sasso to the Transportation Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2012; and Britta Hawkins and Mary Hillberg to the Zoning Board of Adjustment, with terms expiring December 31, 2012.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.C.5. APPROVAL, RE: BILLFOLDER
The Board approved the billfolder, as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
Matt Barringer stated within the City of Titusville there is a piece of property owned by the County that is actually a designated cemetery; the cemetery originally was designated for indigent burials in the 1930's; in the late 1970's, the cemetery spit-off a designated Veteran section within the cemetery; and due to the opening of the Florida National Cemetery in Bushnell, many Veterans have chosen their burials be conducted there. He went on to say for the past 12 years the practice within the County for indigent Veterans is to place them at the Florida National Cemetery in Bushnell; stated currently there are 230 spots available for Veterans burials at the cemetery in Titusville; the challenge is there are no mechanisms in place allowing Veterans who do not meet the indigent criteria to be buried there; and the goal is to allow and or support an ordinance that would re-designate the Veterans cemetery to be used not only by indigent Veterans, but also by Veterans who would be eligible to be buried at Bushnell. He stated the course of losing a spouse or a loved one for an elderly person makes the drive to Bushnell very difficult; and the cemetery in Titusville is already there with spaces available. He added, Commissioner Fisher has shown support by working diligently addressing and acknowledging the maintenance of the area; internally, a great partnership has been formed with the Housing and Human Services Department; and the County Attorney has helped define a Memorandum of Understanding in conjunction with local and specific organizations. He stated the project has tremendous value and support; the facility is already there; it is finding the ability to use what there is to use; there are 9,000 World War II Veterans in Brevard County; and he feels the timing could not be any better for the existing property. He advised once the cemetery is full, it is over, but there is space available; and the needs can be addressed.
Commissioner Fisher stated he feels it is a great idea; there were meetings held in his office concerning this; Veterans of Foreign Wars (VFW) and other service organizations have agreed to help with the upkeep of maintenance because the cemetary has been neglected for some time; and there is space available that he feels should be used because there has been no one buried there in a long time.
Ian Golden, Housing and Human Services Director, stated since the opening of the Florida National Cemetery in Bushnell, there has not been any indigent burials. Commissioner Fisher inquired when the last person was buried. Mr. Golden responded he would have to let Commissioner Fisher know at a later time.
Chairman Nelson inquired how much space is available for non-indigent Veterans. Mr. Golden responded there are approximately 100 plots available on the indigent burial side; and the non-indigent Veterans primarily have gone to cremation, except where there is family requesting an actual burial.
Chairman Nelson inquired if Commissioner Fisher would like to take the lead in working together with Mr. Barringer and Mr. Golden to bring something back to the Board.
Commissioner Fisher responded affirmatively. He inquired if it in an ordinance change or what exactly needs to be brought back to the Board. Mr. Golden responded currently they are working with the County Attorney’s office looking at some of the issues; and if selling plots is opened to non-indigent Veterans, there are issues with selling County property that need working through.
Chairman Nelson mentioned the Unites States Department of Veterans Affairs is looking for the possibility of having an actual Veterans cemetery site be placed in Brevard County; it may be an interim-step between that and an actual national cemetery here; and he suggested contacting Representative Bill Posey’s office because he knows his office has been working on that.
Mr. Barringer stated there are 200 acres needing to be donated or purchased for the County, which is a challenge; he equates the timeline to when the VA clinic opened is when it will announce the want of a cemetery; but the commitment levels from citizens for this project are there. He went on to say he is hoping this could serve as model in moving forward to show how much the community believes in it.
ITEM VII.A.1. ONE YEAR CONTRACT RENEWAL WITH TJM COMMUNICATIONS, INC., RE: PUBLIC AND MEDIA RELATIONS WITH NO CHANGE IN MONTHLY RENTAINER FEE
Commissioner Fisher stated TJM Communications, Inc. is doing a great job; he likes the company; and he thinks the Tourist Development Commission (TDC) likes TJM Communications, Inc. as well, because they have been instrumental in helping TDC with its advertising.
Commissioner Infantini stated the reason she had this item pulled off of Consent is not because she is unhappy with the services provided; she is a firm believer of going out to bid; this is not considered a local company; the Board is touting buy Brevard, but the County is offering up the contract to a non-local company; there are people who work for TJM Communications, Inc. that reside in Brevard County; but she is not in favor of this.
Commissioner Fisher advised he is confused; stated he knows the representatives are locals; and inquired if TJM Communications, Inc. is a local company. Kalina Person, Tourism Development Marketing/Finance Director, responded TJM Communications, Inc. is based out of Oviedo; but Donna Balancia is one of the primary executives who resides in Brevard County, and provides a lot of service within Brevard County.
Chairman Nelson stated he served on the TDC board last year; he thinks TJM Communications, Inc. has done a very good job and is making a great transition for Brevard County; and he thinks breaking it down will continualy have downsides to it. He stated TDC voted unanimously to recommend this extension; and he will be supporting it.
Commissioner Fisher inquired how the contract is written. Ms. Person responded the contract was originally for two years renewal plus an additional two year renewal with a one year renewal; after the first two years the TDC and Marketing Committee all agreed to two year renewal plus one year renewal, plus one year renewal, plus one additional year renewal; and this is the fourth year of the contract with one more optional renewal for next year. Commissioner Fisher inquired if the contract is being reviewed every year. Ms. Person responded yes.
Chairman Nelson stated the Board should not be worried about oversight in TDC because he thinks they do an excellent job.
The Board approved a one year contract renewal with a one year optional renewal, with TJM Communications, Inc., at the original monthly retainer fee of $12,500 per month, for public and media relations.
RESULT: ADOPTED [3 TO 2]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin
NAYS: Trudie Infantini, Andy Anderson
ITEM VII.B.1. PERMISSION TO REJECT PROPOSALS, RE: PROPOSAL #P-3-10-19/LEASE PURCHASE OF BUNKER GEAR
The Board rejected all proposals received for Proposal #P-3-10-19/Lease Purchase of Bunker Gear; authorized re-drafting of specifications; authorized the Fire Rescue Department to establish a specification working group, re-advertise a Request for Proposals, appoint a selection committee consisting of Lt. Pat Voltaire, Lt. Scott Gardiner, Lt. Scott Jurgensen, FF. Brandon Mugele, and Lt. Ricky Gardiner and negotiation committee consisting of Brad Hall, Kathy Prothman, and County Attorney; and authorized the Chairman to execute a final agreement and renewal options outlined in the agreement.
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. AGREEMENT FOR SALE AND PURCHASE, RE: ROPER HARDING TITUSVILLE PARTNERSHIP PROPERTY THROUGH THE CONSERVATION FUND
Michael Knight, Environmentally Endangered Lands Program Manager, stated this item is a request to purchase the Roper Harding property in Titusville; the 22.74 acres are located adjacent to the Indian Mound Station Sanctuary; the property was appraised in June/July with a low appraisal of $307,000, a high appraisal of $330,000, and an average appraisal of $318,500; and the negotiated contracted price is $301,305, with the United States Air Force (USAF) funding contributing half of the cost, for a total contribution of $150,652. He stated this purchase utilizes the remaining USAF funding for FY 2010, which was a $600,000 overall contribution from the USAF; on July 12 the Board approved acceptance of an additional $1.2 million for additional scrub acquisitions that support the USAF mission; and there are 10 properties remaining to be acquired with a deadline of December 31, 2012.
Don George, United States Air Force (USAF) Representative, stated under the Endangered Species Act, the USAF is required to do a lot more as a federal agency than others; these properties are important to the USAF to preserve habitat; there will be new projects with the Port Authority expanding the ship channel, which will take 100 feet off Cape Canaveral Air Force Station between the middle and the Trident Turning Basin, including moving a large berm 100 feet north; the USAF is offering their conservation easements, as a potential relocation site that will be a core of engineers Port Authority project; and it will have to go through appropriate measures to support expansion of the Port Authority. He mentioned it is not just the USAF, there is a move listing the Gopher Tortoise as a federally threatened species; there are many on the Cape right now; there are new waterlines being put in, utilities are being buried underground, and every one of those projects are requiring the relocation of the Gopher Tortoise; there are only so many that can be relocated to certain areas; and at some point, there will be the same problems with the Gopher Tortoise as there are with Scrub Jays. He stated this all directly relates back to saving some habitat out there; he has done a lot of research and has many articles on green space attracting businesses and high technical driven people to the area; trails were number one on the lists; and there will be trails at Fox Lake as well, and these things are all directly related. He advised he would be happy to speak directly to anyone offline on research he has done thus far; and he appreciates the Board's support.
Chairman Nelson inquired what is the USAF specifically doing that it needs to mitigate. Mr. George responded every time land is developed, there has to be mitigation for Scrub Jays; right now the recovery plan for the Florida Scrub Jay lists Cape Canaveral Air Force Station, as one of the three major population centers along with Merritt Island Nation Wildlife Refuge and Kennedy Space Center; and the criteria for recovery is establishing preserves and having other places for Scrub Jays. He went on to say the USAF spends a lot of money annually to restore habitat on the Cape; now annual censuses' will be done, banding, and the skid strip expansion project is having vegetation cleared on the sides of the runway taking out theoretical habitat; and calls for mitigation. Chairman Nelson stated the USAF is able to expand the skid strip as a result of acquiring land and the County is partnering with the USAF to do so because habitat is being taken out and is required to be replaced. Mr. George stated it is being done on base right now; there are 15,800 acres; at some point there is no more acreage left on base to do the work for on base; if the preserves are established, there are Scrub Jays out there with increasing numbers because the County is managing its land; he has taken the USAF individuals out to Coastal Jewel; and at some point the Scrub Jays will recover and take the pressures off of all to save that species from extinction.
Commissioner Anderson inquired if the USAF can mitigate anywhere and not just in Brevard County. Mr. George responded the USAF tried going to the Ocala National Forest, but it did not work out; there are a few areas where mitigation can be done; but the genetic connection of Scrub Jays in the North Brevard areas are genetically connected to the Scrub Jays in some of the other areas. Commissioner Anderson stated his only concern is putting the burden on Brevard County taxpayers by taking more taxable property off the tax-rolls because of overzealous federal government who wants to protect everything instead of getting jobs; the Board knows his stance on this; and he is not going to reiterate it. Mr. George stated there is not a lot that can be done about what is being done in Washington, D.C. Commissioner Anderson stated there is something that can be done in 2012.
Howard Tipton, County Manager, mentioned as he continues reviewing the relationship with Patrick Air Force Base, it is remarkable to him the number of things that are done together; the Pineda Interchange was a strong result of the concern of a possible base closure; and it resulted in tremendous access to the beaches and another route off of I-95. He stated staff is currently talking with the USAF and the Army Corp of Engineers about a beach renourishment project that will be out by the turning basin, involving the Navy, but primarily the USAF in terms of access at Port Canaveral where storing sand and then moving it down the beach; and that cannot be done without cooperation and support. He added as a result of Patrick Air Force Base staying there is the single, largest construction project going on in the world right now with Avtech Construction, Inc.; it is a $158 million facility under construction right now; the relationship and the partnership has been strong for a lot of years; and it is certainly paying dividends. Mr. George stated the project for renourishing the beach will have locations of the Gopher Tortoise, as well; and his thoughts are to offer up the properties that have conservation easements as potential relocation sites for them. He added, the potential for the new dog beach at Patrick will have to have a staffing package done, and he will need someone in the County to help him put all of that together.
Commissioner Infantini stated because the federal government is working with the County and have been given funds to make acquisitions, it does not mean all of the money has to be spent that was given; this property is currently assessed at roughly $100,000, yet the County is paying three times that; and if the Property Appraiser missvalued it at $200,000, made a 100 percent error, the County is still paying $300,000 for the property. She stated EEL's has a limited amount of funds available, at some point it is going to run out, and she would rather keep certain things functioning and operational with putting the trails in and having fire control burns, rather than purchasing and overpaying for the land; and she will not be supporting it. She mentioned one of the properties adjacent to this in 2007, Brevard County paid $3.6 million; it is now assessed at $200,000; there is history of paying too much for land and she would like to get of that habit; and reiterated that she will not be supporting it.
Chairman Nelson pointed out the assessed value and the appraised value are two different things, they always have been and always will be, and Commissioner Infantini continuously says that; one of the things that struck him in the discussion of the Supervisor of Elections was that Commissioner Infantini supported the Sarno purchase, which was over $2 million; she did not tell what the assessed value was for that property and the entire property was assessed at $2 million; and the County was looking to pay greater than $2 million for a single building in that entire shopping center, so that whole shopping center was valued by the Property Appraiser at $2 million and she was willing to support buying a single building in that shopping center for $2 million. Chairman Nelson stated he does not understand how Commissioner Infantini can be inconsistent to the extent where when it is endangered lands she brings out the value of the Property Appraiser when it is not the appraised value. He went on to say this is a case where the value to this community by setting aside this land the County is using the USAF property to create additional jobs; he thinks that is something that really is needing consideration to be done; but when lands are talked about being taken off the tax roll, EEL has a little bit less than six percent of the land off the tax roll, it is not huge in a County this size; and the point of reference is 65 percent of the land in Broward County is off the tax rolls. Commissioner Infantini stated that is their fault not hers. Commissioner Nelson advised it is called the Everglades; Brevard County has the St. Johns River Water Management District and the Air Force Station, which is the largest industrial park one will find, because the reality is if the land is needed for public or nation defense purposes, it will be gone so it is there for the time being, and it is being managed as a wildlife area; but the reality is that if it is needed for nation purposes, it will be used for that purpose. He stated he does not see any downside of the County helping the USAF; he wishes others from the USAF could have been here; they are going through inspections that started this week and going through the middle of December, and could not be here; but it does provide the County with a great partnership that will create jobs and he is supporting it.
Commissioner Infantini stated regarding the Supervisor of Elections, she did look at the appraisals, assessed values, that is not what was being compared; it was comparing functionality, not appraisals at that point; she was using functionality and access at the Sarno site compared to the John Rhodes site; and she is wanting the public to know that she is not comparing apples to oranges from one property to the next. She stated one does not have to overpay, she is not saying whether it should or should not be purchased; and she is recommending stop overpaying for property. Commissioner Nelson inquired if Commissioner Infantini is saying by paying over $2 million for a single building and a property that was seven acres that had multiple other businesses that were valued at $2 million that the County was not overpaying. Commissioner Infantini stressed she did not say that at all. Chairman Nelson stated he is just clarifying that it is not being overpaid. Chairman Nelson inquired what the assessed value of the Sarno property was. Commissioner Infantini responded she does not have that information with her today; she thought that was not going to be talked about today; she thought the property of Roper Harding was being talked about, where it is assessed at roughly $100,000; the County is going to pay over $300,000; and inquired if it were not the topic of discussion. Chairman Nelson stated to be consistent with the thought process used on the Sarno property, which was basically paid twice what it is worth.
The Board executed the Agreement for Sale and Purchase of the Roper Harding Titusville Partnership property through the Conservation Fund; and authorized staff to proceed to proceed to closing on or before December 31, 2011.
RESULT: ADOPTED [3 TO 2]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin
NAYS: Trudie Infantini, Andy Anderson
ITEM VII.B.3. RESOLUTION AND AGREEMENT FOR DEED OF EASEMENT WITH UNITED STATES AIR FORCE (USAF), RE: PARTNERSHIP FUNDING WITH CONVEYANCE OF A DEED OF EASEMENT ON A PORTION OF THE ROPER HARDING TITUSVILLE PARTNERSHIP PROPERTY
The Board adopted Resolution No. 11-264, authorizing the use of County property as a Conservation Easement to the United States Air Force (USAF); and executed Agreement for a Deed of Easement to convey the Roper Harding Titusville Partnership property easement to the USAF on or after closing of the property.
RESULT: ADOPTED [3 TO 2]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin
NAYS: Trudie Infantini, Andy Anderson
ITEM VII.B.4. RESOLUTION AND LEASE AGREEMENT WITH FRIENDSHIP COMMUNITY DEVELOPMENT, INC., RE: USE OF SPACE IN COCOA WEST COMMUNITY CENTER AND WOODY SIMPSON COMMUNITY CENTER
The Board tabled consideration of resolution and lease agreement with Friendship Community Development, Inc., for use of space in the Cocoa West Community Center and Woody Simpson Community Center to the December 13, 2011 Board meeting.
ITEM VII.B.5. APPOINTMENTS, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD MEMBERS
The Board appointed/reappointed Jerry Noffel and J.J. Parrish III to the North Brevard County Hospital District Board, with terms expiring December 31, 2014.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM VII.C.1. RESOLUTION, RE: AUTHORIZING PUBLIC WORKS DIRECTOR TO MAKE ENGINEERING RELATED COMMITMENTS ON THE COUNTY’S BEHALF IN CONDEMNATION PROCEEDINGS REGARDING THE WICKHAM ROAD WIDENING PROJECT
The Board adopted Resolution No. 11-265, authorizing John Denninghoff, Public Works Director, to make engineering related commitments on the County's behalf in condemnation proceedings regarding the Wickham Road Widening Project near I-95.
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.C.2. INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE AND NORTH BREVARD DEVELOPMENT DISTRICT, RE: PROCESS FOR TRANSFERRING TAX INCREMENT FUNDS TO COUNTY TAX INCREMENT TRUST FUND
Commissioner Infantini stated this item calls for the adoption of an economic development plan in the District 1 area; she is not in favor of this item; it is creating another Community Redevelopment Agency (CRA); the Florida Power & Light (FPL) plant construction will be draining roughly $3 million out of the General Fund in 2013; and in the next 10 years, it will roughly cost $17 million to come out of the General Fund. She went on to say District 1 will only be benefiting while the entire County is suffering economic downturn; she does not see the benefit to Brevard County as a whole to take all of those funds from the FPL plant and the taxes associated to just benefit District 1; it is the single largest plant that is going to go up in Brevard County and all of that revenue is going to District 1; and she is not in favor of this.
Commissioner Anderson stated the North Brevard Economic Development Zone (NBEDZ) had already been created; this is giving a mechanism to allow the City of Titusville to send its funds to the County's NBEDZ; and he is okay with it.
Chairman Nelson commented as part of today's Agenda was a tax abatement for Harris Corporation, which is in South Brevard County; stated it is pretty consistent with what the Board had been doing, by supporting business throughout the County; and there is a special concern with the loss of the Space Program in the Titusville area. He went on to say a mechanism is trying to be created for the future, that Kennedy Space Center is not needed to be the driving force of North Brevard because what benefits North Brevard benefits all of Brevard County.
Commissioner Fisher stated Commissioner Infantini has never supported anything for North Brevard. Commissioner Infantini stated that is not an accurate statement, she has supported numerous items for North Brevard, as she has for all of Brevard County; the difference with the tax abatement is somebody spends money and receives tax credits for money being spent, as opposed to taking all of the funds from the General Fund, that are intended for the benefit of the entire County, whether it be fire departments or the detention center; and she feels it to be inappropriate.
Chairman Nelson stated it does take money from the General Funds; he does not know how to make that separation; a tax abatement reduces the amount of money that will go into the General Fund. Commissioner Infantini stated that is correct, but she was talking about the additional taxes getting rid of all of the taxes generated going forward.
The Board executed Interlocal Agreement with the City of Titusville and the North Brevard Development District for the transfer of Tax Increment Funds to the County Tax Increment Trust Fund; and authorized the Chairman to refer the Agreement to the District for its consideration.
RESULT: ADOPTED [4 TO 1]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
ITEM VII.C.3. BOARD DIRECTION, RE: WILLOW CREEK DEVELOPMENT AGREEMENT ISSUE
Commissioner Fisher commented before initiating a law suit, he would like for the County Attorney to meet with the developer and have conversations about long-term plans, and to clear up any misunderstandings that might be towards this light; and he feels Willow Creek Development does not have housing yet, a corner shopping center was supposed to go in, and with none of that happening yet, he feels the County does not need to be stuck with the bill for the light if there is one at some point in time; but before initiating the law suit, he would like the County Attorney to get clarity of the misunderstandings with this.
Scott Knox, County Attorney, stated there have been talks with PNC Bank and the developer, they did not seem much inclined to work out any kind of deal at this point, and he would feel better about talking to them if he has the clout of the Board telling him he can file the suit, if they do not respond.
Chairman Nelson added, the Board is fully prepared to pursue this, if necessary.
The Board authorized Scott Knox, County Attorney, to continue meeting with Willow Creek Development and PNC Bank to have conversations about long-term plans, and to clarify any misunderstandings before filing suit regarding the status of Willow Creek Development Agreement issue.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Commissioner District 1
SECONDER: Andy Anderson, Vice Chairman, Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
Upon Board consensus, the meeting adjourned at 9:41 a.m.
ATTEST: ____________________________________
CHUCK NELSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
_________________________ BREVARD COUNTY, FLORIDA
MITCH NEEDELMAN, CLERK