January 11, 2011 Regular
Jan 11 2011
Call to Order
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Title
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Status
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Arrived
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Robin Fisher
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Chairman/ Commissioner District 1
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Present
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Chuck Nelson
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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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The Invocation was given by Father Sean Heslin, Our Saviour's Catholic Church, Cocoa Beach, Florida.
Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES:
The Board approved the October 7, 2010 and November 4, 2010 Zoning Meeting Minutes, October 28, 2010 Workshop Meeting Minutes, and September 7, 2010 and November 9, 2010 Regular Meeting Minutes.
ITEM I.F., PRESENTATION BY EXECUTIVE DIRECTOR NETA HARRIS AND INTRODUCTION OF THE 2011 14TH ANNUAL SPACE COAST BIRDING AND WILDLIFE FESTIVAL
Neta Harris, Executive Director of the Space Coast Birding and Wildlife Festival, presented a video to the Board highlighting the Space Coast Birding and Wildlife Festival. She noted the video is shown nationally and internationally; and it is not only the Festival being publicized, but also the Space Coast.
Keith Winston, Executive Director, Brevard Zoo, stated Brevard County is the best place in Florida to see wildlife because of its unique topography; and the work that Ms. Harris does, along with all of the staff and volunteers at the Festival, really turns the Festival into tourist dollars.
Linda White, Audubon Center for Birds of Prey, stated the Center, located in Maitland, is the largest raptor rehabilitation center in the Southeast; and one of the best things the Center does every year is come to the Space Coast Birding and Wildlife Festival. She advised at the Festival she educates people about Bald Eagles with workshops, the monitoring program for Eagle nests in Florida, and the Center also has other birds at the Festival. She noted all of the birds that belong to the Center are permanently injured; she introduced Bogie, the Great Horned Owl, which is 19 years old, and he fell out of his nest on a golf course when he was a baby; and introduced Francis the Bald Eagle, which is 19 years old, and had a severe lung infection and cannot fly well enough to hunt. She concurred with Mr. Winston's comments and expressed appreciation to the Board for the opportunity to show off the birds and talk about the Festival.
Joe Swingle, Naturalist for the Environmentally Endangered Lands, explained some programs EEL has through the Space Coast Birding and Wildlife Festival; one program is the Gopher Tortoise Program, in which citizens can tour the Enchanted Forest to look for Tortoises on site; the Enchanted Forest also provides a birding program, along with a checklist for kids to use to look at the more than 50 birds onsite; and commented on birding being one of the fastest growing recreational sports for ages 25 and under.
Neta Harris informed the Board that Mr. Swingle and the others involved with the Enchanted Forest have educational programs on a regular basis during the week. She pointed out that on the front of the Festival Program is the elusive Black Rail, which is indigenous to the area; there are three field trips planned to look for the little bird; and the field trips fill up first, and it is an interesting process. She confirmed the Festival has over 300 activities planned, including field trips and classroom presentations; there is an excellent lineup of naturalists and scientists, from not only the immediate area, but from around the country; and there are visitors coming from as far away as the Netherlands, as well as Ireland, Africa, and Canada. She commented on advertising opportunities through the funding of the County Commission to the Brevard Cultural Alliance and the Space Coast Office of Tourism; and the funding is greatly appreciated. She mentioned one advertisement the BCA and the Office of Tourism has partnered on with the Festival; and last week, Larry McIntyre, from Clear Channel Outdoors, gave the Festival access to three digital billboards, showing information about the Festival; the billboards are on I-95 South and North, and West on S.R. 528; and out of 64 seconds of programming, the Festival gets eight seconds continually 24 hours per day. She noted the Festival has an outstanding exhibit area of 79 exhibitors; and it was filled by August, which indicates the Festival's popularity. She invited each of the Commissioners to attend the Festival; and thanked the Board for the opportunity to talk about the event.
Chairman Fisher inquired if it is true that some of the tours begin at 4:30 a.m.; with Ms. Harris responding yes, there are some that start that early. Commissioner Fisher wished Ms. Harris good luck and thanked her for the presentation.
ITEM I.A., RESOLUTION DECLARING THE WEEK OF DECEMBER 13-20 AS POST TRAUMATIC STRESS DISORDER AWARENESS WEEK IN BREVARD COUNTY
Chairman Fisher passed the gavel to Vice Chairman Anderson.
Commissioner Fisher read aloud, and the Board adopted, Resolution No. 11-001, declaring the week of December 13, through December 20, 2010, as Post Traumatic Stress Disorder Awareness Week in Brevard County.
Vice Chairman Anderson passed the gavel back to Chairman Fisher.
George Taylor, Commander of DAV 109, expressed appreciation to the Board for the Resolution. He explained, in 1991 he was in the PTSD Program; he was the first combat veteran in the Miami VA; and he did not have a drug or alcohol problem, but he had a PTSD problem. He advised he registered the State of Florida 20 years ago for Post Traumatic Stress Awareness (PTSA); it has taken 20 years for PTSA to be available to the community; the Governor's Office signed it into law; and it was handed to him by former Commissioner Jackie Colon on the 12th. He stressed that the community cannot recognize the disability; the disability is within 28 percent of the Iraq and Afghanistan veterans coming home today; and the PTSA is a milestone, as Florida is the first state in the United States to recognize PTSD as an awareness for the community. He hopes to work with County Manager Howard Tipton on coming up with ways to continue funding the program, not only for veterans, but for child abuse victims, rape victims, and others.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robin Fisher, Chairman/ Commissioner District 1
SECONDER: Andy Anderson, Vice Chairman/ Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Nelson read aloud, and the Board adopted, Resolution No. 11-002, to support, promote, and utilize the programs and services offered by the Florida Department of Transportation's reThink Program.
Karen Addison, Department of Transportation, explained how the reThink Program helps commuters and their employers find alternative modes of transportation to save money, reduce traffic congestion, improve air quality, and preserve natural resources; and expressed appreciation to the Board for the Resolution and its support.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-003, recognizing Infinity Bike Shop for donating four bicycles to the Space Coast Center for Mothers with Children at the District 5 Holiday Open House.
Gary Stern, Infinity Bike Shop, expressed appreciation to Commissioner Anderson and the Board; and explained that the two bikes for the adults would provide the mothers the opportunity to ride with a friend in order to expand their support network. He stated he and his partners took over the business in May, 2010; they bought an existing shop and re-branded it Infinity Bike Shop; it has been a dream of his since he was eight years old; he grew up in the community; and all of the owners have lived in the community for a significant period of time. He noted Infinity Bike Shop has been very active in the community; this was not the shop's only donation; the shop has donated to his son's school's raffle, and in all, has donated approximately eight to 10 bicycles already in the past seven months the shop has been business; and it is due to the community's support.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-004, recognizing Space Coast Transportation Planning Organization (TPO) for making the holiday brighter and the new year safer by donating nine bicycle helmets to the Space Coast Center for Mothers with Children, at the District 5 Holiday Open House.
Bob Kamm, TPO Director, thanked the Board for its role as County Commissioners, as well as its service on the TPO, which has been able to operate a Bicycle Safety Program aimed at elementary schools for almost 20 years. He commented on bicycle safety preparing children to be better drivers as adults when they move from bicycles to automobiles.
Kim Smith, TPO, reported during the past holiday season, the TPO gave out approximately 300 to 400 helmets. She expressed appreciation to the Epilepsy Association of Central Florida, which provide the helmets, and also thanked Commissioner Anderson for remembering the adults who need helmets, as well as children, so they can be good role models.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Anderson commented on the Coats for Kids Drive that his office participated in and the fact that a lot of the donated coats needed to be cleaned; and Plaza Cleaners offered to clean over 800 coats. He noted he will present the resolution to the owner of Plaza Cleaners at his place of business.
The Board adopted Resolution No. 11-005, recognizing Plaza Cleaners for donating their services to clean all the jackets collected in District 5's Coats for Kids Drive.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Infantini read aloud, and the Board adopted, Resolution No. 11-006, recognizing Dan Burke as the 2010 4A "Coach of the Year" and expressed anticipation for what his future holds for the community and upcoming athletes.
Dan Burke accepted the Resolution on behalf of Palm Bay High School. He commented on the importance of the assistant coaches and the High School administration; he commended the football players for all their hard work; and expressed appreciation to his wife.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman/ Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Infantini read aloud, and the Board adopted, Resolution No. 11-007, recognizing Josef Philip Russell for attaining the rank of Eagle Scout; and offered congratulations and best wishes for a successful future.
Josef Philip Russell expressed appreciation to the Board for the recognition; and he is happy to have made the rank of Eagle Scout.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman/ Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Howard Tipton, County Manager, announced the Extreme Makeover, Space Coast Edition, is occurring in District 1 to a very deserving family; the house has been torn down; the reconstruction is well underway to rebuild an entire house in a week; and he encourages everyone to visit www.extrememakeoverspacecoast.com, which has a live webcam feed from the site. He recognized and thanked the County staff who are onsite virtually around the clock, making the inspections and moving the project along; and they are Mike McCaughin and Terry Talbert, on the building side, and Doug Carter and Frank Skates on the fire inspection side. He also commended the staff behind the scenes, and stated it has been a team effort.
ITEM II.A., REPORT, RE: RESCHEDULING THE GOALS WORKSHOP
Howard Tipton, County Manager, advised there is a Goals Workshop that was rescheduled to February, but that date will no longer work; and he will be contacting the Commission offices to determine if the Workshop can be held on February 10th, after the TPO meeting in the morning.
ITEM II.A., REPORT, RE: SPACE COAST BUSINESS MAGAZINE
Howard Tipton, County Manager, recognized Chairman Fisher for being on the cover of Space Coast Business Magazine, posed as Superman; and advised Chairman Fisher's name has been changed on the dais to Clark Kent.
ITEM II.D., REPORT, RE: FIREFIGHTER PROMOTIONS
Commissioner Infantini congratulated the firefighters who were recently promoted; and she would have liked to have attended the ceremony, but there was a glitch in the email system.
ITEM II.E., REPORT, RE: FIREFIGHTER PROMOTIONS
Commissioner Bolin congratulated the firefighters who were recently promoted; she attended the ceremony; and it was wonderful to see them being promoted.
ITEM II.E., REPORT, RE: STATEMENT FROM CONGRESSMAN BILL POSEY ADDRESSING THE PASSING OF ZACHARY GIBBLER
Commissioner Bolin read a statement from Congressman Bill Posey regarding the tragic death of Zachary Gibbler, who was Chairman and CEO of the nation's largest LED lighting manufacturer, Lighting Science Group, which is headquartered in Satellite Beach.
Chairman Fisher stated he was asked how a house can be built in a week and still obtain all the proper permits; but the truth is, the behind-the-scenes work began in November with the pulling of the permits; and he is glad to see the Space Coast getting the kind of attention a show such as Extreme Home Makeover brings to a community.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Chairman Fisher advised he would like to send a letter to the Federal Delegation in reference to some of the issues that the Board wants to keep in front of them in Washington D.C. concerning Brevard County and the Space Coast.
The Board authorized Chairman Fisher to send a letter to the Federal Delegation regarding the priorities of Brevard County and the Space Coast.
ITEM TO BE PULLED FROM THE CONSENT AGENDA
Commissioner Infantini advised she would like to pull Item III.B.5., Approval, Re: FY 2010-2011 Community Based Organizations (BCO) Funding, for discussion.
The Board approved the Budget Change Requests as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.2., BOARD CONSIDERATION, RE: REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMTN LIENT FOR MARK CAMERON, 350 NELSON DRIVE, MERRITT ISLAND
The Board adopted the Special Magistrate's recommendation to reduce the accrued fine for junk and debris violations at 350 Nelson Drive, Merritt Island (Case 09CE-02418 f/k/a 08-0057) from $15,700 to the reduced sum of $1,751; and directed staff to prepare and execute release and satisfaction of lien, upon receipt of payment.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.3., BOARD CONSIDERATION, RE: REQUEST FOR REDUCITON OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN FOR MARK CAMERON, 350 NELSON DRIVE, MERRITT ISLAND
The Board adopted the Special Magistrate's recommendation to reduce the accrued fine for overgrowth violations at 350 Nelson Drive, Merritt Island (Case 09CE-02413 f/k/a 08-0033) from $16,750 to the reduced sum of $1,858; and directed staff to prepare and execute release and satisfaction of lien, upon receipt of payment.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.4., PERMISSION TO BID REPAIR AND RENOVATION, RE: SELECT HVAC SYSTEM COMPONENTS FOR BUILDING “A”, BREVARD COUNTY GOVERNMENT CENTER, VIERA
The Board granted permission to design, bid, and award a contract to the lowest responsive bidder to repair and renovate the second floor HVAC mechanical room piping and equipment in Building "A", of the Brevard County Government Center, Viera; and authorized the Chairman to execute the contract.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.6., RESOLUTION, RE: APPROVING FLORIDA RESEARCH INSTRUMENTS, INC. AS QUALIFIED TARGETED INDUSTRY
The Board adopted the Qualified Targeted Industry (QTI) Resolution requested by Economic Development Commission (EDC) benefiting Florida Research Instruments, Inc. (FRI).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM III.B.7., RESOLUTION, RE: QUALIFYING FLORIDA RESEARCH INSTRUMENTS, INC. AS ELIGIBLE BUSINESS UNDER BREVARD COUNTY’S TAX ABATEMENT PROGRAM
The Board adopted a Resolution qualifying Florida Research Instruments, Inc. (FRI) 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: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board acknowledged the appointment of Milo Zonka to the Economic Development Commission of the Space Coast, with term expiring December 31, 2011; Danielle Stern to the Employee Benefits Advisory Committee, with term expiring December 31, 2011; and Robert J. LaMarr to the Planning and Zoning Board, with term expiring December 31, 2011.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
The Board approved the Billfolder as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Commissioner Infantini explained when she was first elected, she and Chairman Fisher had discussed the lack of availability of the CBO funds to new organizations; she is concerned that the list is still primarily the same organizations that were included when she was first elected, due to the lack of participation, or availability of these funds to new organizations; and seeing the existing organizations continually getting the same funding, she will not be supporting the item.
Ian Golden, Housing and Human Services Director, explained the Board has a list of agencies that have been funded in the past; there is one new agency, which is Grandparents Raising Grandchildren, that has received funding this year; the process is not set up to fund new agencies every year; the process has been set up to fund community needs; it is a community advisory board that makes the recommendation; and based on what they see as community needs, they score applications. He reiterated, as of right now, it is not a process that is set up to fund a new agency every year.
Chairman Fisher inquired if at one time the Board was donating almost $1 million to CBO's, but because of budget shortfalls, some organizations were taken off the list; with Mr. Golden responding affirmatively.
Howard Tipton, County Manager, recalled that last year there was controversy over the distribution of the funds; and he recognized Mr. Golden, his staff, and the Advisory Board for improving that process to the point now where it was very smooth and very well respected.
The Board approved the recommendations of the Community Action Board (CAB) to provide $510,200 in funding to nine (9) Community-Based Organizations (CBO); and authorized the Chairman to execute contracts, subsequent modifications, and amendments to the agreements, upon review and approval by the County Attorney and Risk Management.
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
.
ITEM VII.E.2., BOARD PRESENTATION, RE: ANNUAL INVESTMENT PERFORMANCE REPORT FOR YEAR ENDED SEPTEMBER 30, 2010
Mark Peterson, County Finance Department and Staff Representative to the County's Investment Committee, advised today is the annual presentation pursuant to the Board's Investment Policy, to present to the Commission. He introduced the County's new Chief Financial Officer and Clerk of Courts, Mitch Needelman.
Mitch Needelman, Clerk of Courts, informed the Board that the Clerk’s Office is present to serve and accomplish the goals and objectives that have been set forth for the citizens of Brevard County; and he looks forward to working with each Commissioner. He advised there are some challenges ahead, and together the Clerk’s Office and the County Commission will be successful, and will continue to move forward in Brevard County for all citizens. He reported the first order of business is to inform the Board that it has some money; as of September 30, 2010, the Board had over $400 million of investments managed by the Clerk, along with Public Financial Management; these monies, along with what is received during the year, are used to meet payroll and pay vendors for all services, ranging from public safety to managing the environment; Brevard also has a good group of volunteers who serve on the Investment Committee and share their financial expertise and ideas; and the Clerk's Office is honored to work with each of them. He looks forward to working with the Board in helping to manage the safety of the public resources and enhance open communications, and is always looking for efficiencies.
Mr. Peterson introduced the members of the Investment Committee. He advised the Annual Investment Performance Report complies with the Board's Investment Policy, which is foremost to safeguard the County's funds, to ensure the availability of operating and capital funds when needed, and to earn an investment shield that is comparable with other financial indices and financial markets. He stated the past year has continued to present challenges for public funded investors; market shields continued the volatile downward trend, ultimately settling into a trading range at historically low levels; at one time it was five percent and four percent, now there are short-term instruments of approximately 30 basis points to 50 basis points; and so the interest rates are at an extremely low volatility. He noted the County's portfolio continues to be diversified among high-quality and highly rated securities; as mentioned by Mr. Needelman, the Board's investments exceed $400 million; staff has structured it to be a long-term and short-term portfolio; he manages the short-term and bond proceeds, which is $240 million; and PFM manages the long-term portion, which is approximately $190 million. He pointed out that both of the portfolios of the past year were able to out-perform their respective benchmarks by 90 basis points, which is very significant, especially on the long-term when rates are so low.
Steve Alexander, PFM Asset Management, LLC, Managing Director, reported the Board had a difficult year, but as Mr. Peterson said, there were some good returns; he pointed out that as PFM moves into 2011, it is starting to see some pressures on interest rates to move up, which is good news and bad news; it is good news in the sense that it will produce additional cash flow and interest earnings for the County going forward; but the bad news is that will put some downward pressure on the market values on the current bond holdings; and as the Board knows, as interest rates rise, the value of the current bonds go down, but PFM will work with that as it goes forward. He stressed PFM's goal would be to minimize any down pressure as much as possible. He reported there are interesting things going on with the quantitative easing that the Federal Reserve has been working on; they are planning to buy $600 billion worth of outstanding bonds; they are moving slowly in that process; and it has spurred some sense of inflation, as some interest rates have moved up in the longer term. He stated as far as the overall Report and the short-term and long-term strategy, it has historically worked out well for the County; the short-term portfolio has worked well as far as providing the liquidity, paying the bills, and keeping the County in operational mode; the long-term portfolio has taken advantage of the interest rates that the County has been faced with over the last couple of years; and that system has worked out well. He added, the long-term portfolio has had approximately a 2.7 percent rate of return for the last two months; given where interest rates have been, that is important, because if there was not the long-term portfolio, the Board would have had the entire County assets burning 30 to 60 basis points; and the strategy has worked out well. He pointed out that none of the assets the County has held has had any financial problems; all the corporate notes PFM holds for the Board have had no financial problems; all of the instruments PFM has selected have survived the credit crisis; and he hopes to continue to do that moving into 2011. He advised the challenges the Board has faced over the last couple of years will be different as it moves into the next couple of years, as the interest rates will change; the County will be in a different interest rate environment than it has been in the last couple of years; and there will be more pressure on rising interest rates than there were pressures pushing interest rates down; but unfortunately, going through that transition from low to high is very complicated, and there will be a lot of transactions that will need to be done to ensure the County gets through this time period. He reported PFM did over 100 trades over the past year, buys and sells, and produces approximately $1.8 million in capital gains in trading the portfolios; and those are additional revenues that can go back into the Board's budget.
Commissioner Infantini inquired if the Board's financial position is such that it will have to liquidate any of its bond holdings below market value prior to the maturity to meet any current cash needs. Mr. Alexander replied absolutely not; and assured the Board that there is enough liquidity to meet all of its obligations.
Mr. Alexander expressed appreciation to the Investment Committee members; everybody the Board has selected has participated very well; and it has been good teamwork in making sure the portfolio does the Board well. Chairman Fisher stated considering the difficult economic time the Board has been in, County Finance, PFM, and the Investment Committee has done a great job of keeping the Board solid and sound.
ITEM IV., PUBLIC COMMENTS - MADELINE RUSSO
Madeline Russo stated she would like to give the Board a final word on her crusade for the privatization of probation that was recently approved. She read aloud her statement, "The privatization of the Probation Office is now a fact, though the way it was done, the reasoning behind doing it, and the means that it was executed is questionable. The rationale for privatization was that probation was mismanaged and a financial liability to the County. Howard Tipton made probation financially responsible for both the pre-trial release program and the crossing guards, both which only use funds and have no revenue; the numbers used to calculate the savings were padded with the cost of PTR and Circuit Court probation cases that it was known that a contractor was legally not able to handle those functions. When asked by the Board of County Commissioners how Probation is managing with a skeleton crew, Howard Tipton answered, 'through overtime', which is not seen, or even sanctioned, by Probation. I personally asked Shaunna Heffernan what overtime Mr. Tipton was speaking about, and she stated she did not know, but she would ask him and get back to me; and that never happened, which is par for the course. The Probation Office was then deemed inefficient and privatization was considered with the runners-up having comparable technology; the runners-up include one promising employee benefits and the first raise in three years; and the other not providing any documentation, but likely to require the employees to have pay cuts upwards of $10,000. During assessment of the candidates, the two runners up had comparable technology and the No. 1 mental health resource, Judge Judy Atkins, on the Selection Committee, sandbagged the contractor that would treat the employees best by wrongfully giving it zeros for technology and other criteria. There were also conflicts of interest, like Howard Tipton having associates like Scott Glass at JCS as the attorney; the Board of County Commissioners rushed to make the decision and awarded Probation to JCS despite the reservations of Chuck Nelson. Just prior to this, there was an organized exodus of high-paid employees with connections to leave Probation for other County positions. Howard Tipton denied knowledge of the moves, though email records show that he knew about them. Shaunna Heffernan, the Manager in charge of Probation, who was also on the Selection Committee, allowed Probation to go down the tubes without a fight, but managed to move out of Probation to Housing and Human Services just prior to any contract or award. The remaining Probation employees, most of whom served the County for many years, now had to reapply and interview for their current jobs. Ironically, once the award was made, Shaunna Heffernan was put in charge of the Probation contract and set in line all of her Golden Child employees for jobs with JCS. Only two people were not offered jobs at JCS; one included me, though offers were made to people with criminal records, including felonies and crimes of deceit. I have worked for Probation for six years and the County for 10, receiving numerous awards for my exemplary work; I also have a stack of glowing references from many former managers, judges, and attorneys, including defense attorneys that I've worked with. Current employees were offered by JCS to take pay cuts ranging from $8,000 to $14,000; as predicted, while Shaunna Heffernan and the others who contributed to the failure and collapse of Probation are now receiving raises for their efforts based on the agenda, I can only conclude that I was not offered a position due to voicing my concerns about privatization to the Board of County Commissioners; I understand that what is done is done; I'm here to let you know that I still believe that the Probation Office is the last line of defense of the community for criminals and addicts, particularly since it is now customary to release people on probation since the jail is full. The job of Probation Officer is more important and worthwhile, so it should be worth your while and should be your responsibility to see that these officers are treated with the respect they deserve and to see that they have the resources to do their jobs well and maintain the same high level of service and integrity that I worked for. Based on what has been allowed to transpire, the Board, along with the County Manager, and the management of Probation, has failed the people of the County. I feel sorry for the remaining employees and the people of the County, but I am glad that I have the courage to speak out about what is right and to stand apart from this travesty."
ITEM V.A., RESOLUTION, RE: PETITION TO VACATE SANITARY SEWER EASEMENT IN WATERSONG AT VIERA - HEALTH CARE REIT, INC./B.S.E. CONSULTANTS, INC.
Chairman Fisher called for the public hearing to consider a resolution to vacate a Sanitary Sewer Easement; and hearing no objections or comments, the Board adopted Resolution No. 11-010, vacating a Sanitary Sewer Easement in Watersong at Viera, as petitioned by Health Care Reit, Inc./B.S.E. Consultants Inc.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM V.B., RESOLUTION, RE: PETITION TO VACATE PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 2, PART 10 - THOMAS AND ROBERTA KESSLER
Chairman Fisher called for a public hearing to consider vacating Public Utility Easements; and hearing no objections or comments, the Board adopted Resolution No. 11-011, vacating Public Utility Easements in Barefoot Bay, Unit 2, Part 10, as petitioned by Thomas and Roberta Kessler.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman/ Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
Chairman Fisher recognized Ian Golden, Housing and Human Services Director, who advised the Polices before the Board address four of the Housing and Human Services Programs; for the most part, three out of the four Policies are just minor corrections in formatting and clarification; but the Policy regarding Repair, Rehabilitation, and Replacement had one section added to clarify the process for ranking, or waiting list, for assistance. He explained, currently the waiting list is done on a first-come/first-served, basis; in order to target the funds, staff has put a process in place that is modeled after the Weatherization Program, in which as an applicant comes in, they will receive a score based on certain factors; and staff is targeting the elderly, disabled, and families with children under five years of age, as well as looking at income and sending an inspector to evaluate the condition of the home; and if there is an immediate health safety concern, the applicant will also receive points. He noted the higher the number of points, the higher an applicant will be on the waiting list; and hopefully, the quicker they will be served.
The Board adopted the Housing Policies that govern the various housing programs administratively by the Housing and Human Services Department.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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ITEM VI.B., APPROVAL, RE: AMENDMENT TO DONATION AND CAPITAL CONTRIBUTION FRONT-ENDING REIMBURSEMENT AGREEMENT FOR FIRE STATION 48
The Board approved a revision to the existing Donation and Capital Contribution Reimbursement for Fire Station 48 between the County and The Viera Company, previously approved by the Board August 4, 2010; and authorized the Chairman to execute the finalized amendment.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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The Board approved the Findings of Fact upholding denial of the request for a Small Scale Plan Amendment to change the Future Land Use designation from Neighborhood Commercial to Community Commercial and denial of a rezoning from AU to BU-1 on property owned by Bryan R. and Robin F. Doubek.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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The Board approved the Findings of Fact upholding denial of the request for a Conditional Use Permit (CUP) for Land Alteration on property owned by Roy Wayne Yates.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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Ernie Brown, Natural Resources Management Office Director, stated the waterways of Brevard County are important not only to the immediate economy, but quality of life as well. He advised in 2007, staff completed the Boating Characterization Study, which identified the uses, who used what, and how the resources were enjoyed by the boating community; the next step was to look at the economic benefits of mooring fields; and as the Board knows, there are no publicly accessible mooring fields in Brevard County. He stated the University of Florida and Sea Grant stepped up to develop a legal analysis and geographical representation of where mooring fields could be located in Brevard County; they are more or less connection points between the ICW (Intracoastal Waterway) and the boating community that are transiting through the community to the upland businesses and economic opportunities. He introduced Dr. Robert Swett.
Dr. Robert Swett, University of Florida, talked about some of the benefits of mooring fields, such as cruising destinations, efficient use of waterfront resources, affordable water access, and resource protection. The project goals are (1), legal analysis and regulations, and (2), spatial analysis of site suitability. He referred to the Brevard County Mooring Siting Study Legal Flow Chart, which indicated waterways that could be excluded immediately because of existing regulations; one major criteria was that unless shellfish harvesting is prohibited, then a mooring field could not be placed in that particular area; other areas to eliminated from consideration are all federally restricted zones and security zones, such as with Kennedy Space Center; and areas where motor boats are prohibited, or no entry zones, are also out of contention. He advised another area to be eliminated from consideration is all areas with greater than 10 percent seagrass coverage; seagrass mapping is at a synoptic scale; in any event, there would have to be a seagrass inspection at a more detailed level for any particular site; but the information is included in the Study, to show where there is potential for seagrass. He advised areas to avoid that would be likely to add additional complications include, all aquatic preserves, or Outstanding Florida Waters, unless mooring field could be construed as redevelopment or expansion of existing marinas; all Class II waters; critical habitat areas for Johnson's seagrass; and motorboat traffic in manatee areas. He referred to a map indicating the shellfish harvesting areas; the areas in blue are where shellfish harvesting is prohibited; and those areas make the cut for further consideration of mooring fields. He discussed the Mean Water Level depths areas that were not excluded from consideration; and displayed a map showing the potential 26 locations for siting a mooring field in Brevard County, along with a chart listing the 26 locations in more detail. He pointed out that the list is only of potential sites; and there are additional factors that may have to be looked into.
Commissioner Nelson commented on a picture depicting the nature of the problem, with boats scattered in a setting that does not support them being there; and stated by not doing anything, the County would be in worse shape.
Commissioner Bolin inquired if the Board would like to continue pursuing mooring fields, what would be the next steps. Mr. Brown replied the next step would be looking for partnerships; Cocoa and Melbourne have expressed interest; the City of Melbourne has identified an interest in siting somewhere in its proximity, but it did not have the information to know whether or not it could even play; but this Study gives the cities and municipalities the tools; and staff would partner with the cities if there is interest in moving forward and looking at grants to develop it. He noted, an example is the City of Titusville, which is still trying to piece together its final grants to move forward with its mooring field; and the preliminary data indicated a prime location. He stated should the Board decided to pursue partnerships, then staff would move forward in that direction and look for grants to fund it.
Commissioner Bolin inquired if the County had mooring sites, would there be the elimination of random boats all over the waterways. Mr. Brown replied there are rights of navigation, which is federal and state rights given to navigation for boating; but what happens when mooring fields are provided, and easy access, it is a carrot versus stick approach; people are encouraged to use the mooring field, so they would rather go to a mooring area; and it is similar to drivers on I-95 who would prefer to stop at a rest stop as opposed to the side of the interstate.
Commissioner Bolin stated after hearing the information and knowing some of the situations she has been dealing with, with her constituents, she most certainly would like to pursue these partnerships. Mr. Brown advised staff can explore it.
Commissioner Anderson stated he would like to clarify that because of the existing rules and regulations, the Board cannot force anybody to use the mooring fields. Mr. Brown confirmed that is correct; the County cannot stop anybody from anchoring in certain areas. Commissioner Anderson pointed out there are a lot of issues with the south part of the County with Manatee zones and shellfish zones; he does not want somebody from Palm Bay to have to go to Melbourne or Titusville to moor their boats; and as long as they can still do what they are doing, and it does not affect them, then he is in support of the item.
Mr. Brown inquired if the Board could motion to accept the report, in order to meet the grant criteria.
The Board recognized the completed research by the University of Florida and Sea Grant, and accepted the final draft of the Mooring Field Siting Analysis for Brevard County.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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Mel Scott, Assistant County Manager, advised two years ago, in response to the economic challenges the County was facing, and is still facing, the Board voted to suspend, through a moratorium ordinance, the Transportation Impact Fees that would be applied to residential and commercial construction; and at the time, the Board adopted an emergency Ordinance in response to the economic issues. He noted the expiration of the moratorium two years ago is up in March; and the purpose of the Agenda Item is to receive Board direction on whether or not to proceed with extending the moratorium, and for how long.
Franck Kaiser stated for the last two years, the community has experienced a tremendous economic downturn, a big part of which as been the loss of a large part of the construction industry; since the moratorium was enacted, 10,000 construction jobs have been lost in Brevard County; the median income is $65,000; and it is a bigger impact than the loss of jobs at the Space Center. He noted 8,300 residents have relocated to Texas, Alabama, and North Carolina to find work; it has also contributed to the excess of foreclosed housing; it is an economic development issue; and considering that construction accounts for 18 percent of the Florida GDP, and 17 percent of the national GDP, there are far reaching ramifications; but the bottom line is that it is about jobs. He stated there will not be an economic recovery in Brevard County until jobs are back in the marketplace; after there are jobs, there will be some economic recovery, which might be in the form of some construction, both commercially and residentially; the big impact is a commercial issue; and everyone in small and large businesses are impacted by the large impact fees. He advised on December 2, 2010, the Polk County Commission voted unanimously to eliminate all impact fees other than the school impact fees, for 18 months; that will put Polk County in a more competitive position with other counties throughout the Central Florida area; he does not want to see Brevard County at a disadvantage and not being competitive; and Brevard County needs to think more regionally and understand it is competing with all of its neighboring counties through the high-tech corridor, all the way to Tampa, and up to Daytona Beach. He stressed that the construction community strongly recommends extending the moratorium and to consider going beyond 12 months, because all of the economists are predicting a recovery in the economy will not be seen in construction for two more years, which is dismal, as many jobs have already been lost in other businesses.
Jason Steele stated he represents Sooner Investments, which owns a large tract of commercial land on the corner of U.S. 192 and I-95; Sooner Investments is opening a Chuck E Cheese's in Melbourne because of the moratorium of impact fees on transportation; and the reason Sooner Investments is negotiating with two large auto sales groups is because of the moratorium. He noted he owns a real estate business which is hurting; he has not sold a piece of commercial real estate in a long time; not only does the moratorium need to be extended, but it needs to be expanded; Brevard County is in serious financial straits; and the commercial real estate market is only going to get worse. He stated he prays the Board will extend the moratorium and get the County back on its feet.
Chairman Fisher noted several contractors and realtors have called his office in support of extending the moratorium.
Commissioner Nelson stated he is in support of extending the moratorium, but he likes reviewing it yearly, because it gives the Board a snapshot of where it is at that time, and it tends to encourage people to get projects moving versus waiting if it is extended two years. He stated the Board has been very receptive to the review of the moratorium and in support of continuing it; but the year-to-year look is beneficial; and he would entertain a motion to extend the moratorium for another year.
Chairman Fisher stated it is important for Mr. Steele and Mr. Kaiser to relate to the business community that the moratorium is the Board's stimulus package; it is not going to last forever; and if someone is going to build, now is the time to take advantage of the moratorium. He noted the whole purpose of approving the moratorium originally was to stimulate the economy and get construction going.
Commissioner Infantini stated she had intended to make a motion to abolish the impact fees because they are nothing more than a tax.
Chairman Fisher noted this is the second extension of the moratorium; contracts with large projects are given longer than a year to complete; and the Board is very supportive of the business community. Commissioner Bolin remarked that 50 percent of the commercial business has been in District 4 because of the moratorium; and Publix decided to build a year earlier than anticipated because of the ability to save money.
The Board directed staff to proceed with the extension of the Transportation Impact Fee Moratorium, which is set to expire on new construction activity that does not receive a building permit before March 1, 2011, for a period of one year; and directed staff to proceed to the public hearing process.
Mr. Scott clarified that the motion the Board just adopted does not extend the moratorium; staff will craft an ordinance to be brought to the Board for its official adoption in February, prior to the expiration in March.
Commissioner Nelson stated he would like the cities the Board is involved with in collecting their impact fees, to know the action the Board has taken, as they always have the option of opting out if they choose to.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman/ Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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ITEM VII.B.1., RESOLUTION, INTERLOCAL AGREEMENT, AND COUNTY DEED WITH TOWN OF GRANT-VALKARIA, RE: ALFRED’S PARK
Howard Tipton, County Manager, advised Items VII.B.1. and VII.B.2. are related to Park Asset Transfers to municipalities; the first item was discussed and approved by the Board in September; it is a small, unimproved property of less than two acres; and the Parks and Recreation Department has no plans for the property. He noted the Board had voted to transfer it to the Town of Grant-Valkaria; the Town's Attorney has said the Town would like some language clarification to the matter; and what is before the Board is the same item with some legal clean up. He stated the bigger issue is how the Board wants to look at transferring and partnering with community partners, such as municipalities and non-profits, as it looks to make reasonable adjustments to the County's inventory based on what it is able to afford and maintain; the bottom line is that the properties are park properties that staff would like to see remain in an active park and/or public purpose nature; but at the same time, if the County is not able to make some of these transfers, it is not going to be able to maintain them; and it is a financial issue for the County. He reiterated both Items are before the Board for its consideration; but there is the larger issue of how to structure the park transfers. He repeated Item VII.B.1. relates to a prior Board decision; and noted any kind of park transfer requires a supermajority vote, which was achieved on this item in September.
Barbara Fitzgerald informed the Board she has a petition for the Board in reference to Alfred's Park; and she read the petition aloud. "We the citizens of the Town of Grant-Valkaria, petition the Town to keep Alfred's Park at the corner of Grant Road and Old Dixie Highway, a free park and a free green space area. This Park was donated to Brevard County by the Parks namesake, Alfred Dominic, to be used as a free, children's fun site, or to accommodate guest parking for the Grant Seafood Festival. We do not wish to see the Town Hall built on this site due to the loss of use of this area by the Town's citizens and the negative impact on the residents of Grant-Valkaria. Some of the negative impacts on the Town Hall being located at this park will include, but not limited to, depreciated home values; loss of green space, which can never be replaced; increased traffic on an already high-traffic area, possibly causing a major intersection in a residential neighborhood; and it is not a logical location for a Town Hall being that it is a residential area." Chairman Fisher inquired how many signatures are on the petition; with Ms. Fitzgerald responding 267 local citizens signed the petition.
Commissioner Bolin stated currently the land is vacant; and inquired, other than maintenance on the property, has the County not put any structures on it. Jack Masson, Parks and Recreation Director, replied affirmatively. Commissioner Bolin inquired if the Board turned the park over to the Town of Grant-Valkaria, would that usage be a determination by the Town, and would they discuss it with their citizens, but it would be their decision as to the full usage of the park. Mr. Masson noted the Interlocal Agreement relates to public use and stipulates that the Town has the choice, or option, of putting public facilities, or public recreation, on the property. Commissioner Bolin stated with that anticipation, she would move the item and that the Board approve the Interlocal Agreement with Grant-Valkaria.
Commissioner Infantini stated she made her first vote on the issue in September, she was under the impression that the City Council had discussed the issue with the residents; and upon further exploration, she found out that the Town had not discussed it with any of the residents, and it was just the City Council making the decision that it wanted to acquire the property and take it over and move the City Hall there. She advised when she reached out to the residents to find out what their opinion was, they were not of the same opinion of the City Officials because it had not been discussed in an open arena; and she is no longer in support of the agreement because she does not think it is in the best interest of the community. She stated if the City Officials just want the property in order to have a bigger Town Hall, then she is not in favor; she would rather leave it up to the public and let them keep it as a free park, as it was intended and originally donated.
The Board failed to reach the supermajority vote needed to authorize the Chairman to execute a Resolution, Interlocal Agreement, and County Deed conveying Alfred's Park to the Town of Grant-Valkaria for public related activities which may include a future Town Hall location, other Town facilities, and/or park and playground facilities.
RESULT: DEFEATED [3 TO 2]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Robin Fisher, Trudie Infantini
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ITEM VII.B.2., RESOLUTION, INTERLOCAL AGREEMENT, AND COUNTY DEED WITH CITY OF WEST MELBOURNE, RE: “OLD” MAX K. RODES PARK
Howard Tipton, County Manager, advised the item before the Board is for consideration of the transfer of old Max K. Rodes Park to the City of West Melbourne; staff is in the final stages of the new Rodes Park, which will be a regional park; and the current "old" Rodes Park, which is a total of 18 acres that was donated to the County by the Melbourne-Tillman Water Control District in the 1945, will be transferring its activities to the new Rodes Park. He stated the site is approximately 18 acres and is a developed park; and it is also a park in which the County has an agreement with the Field of Dreams, which is an organization dedicated to building facilities for disabled children and adults. He noted Field of Dreams needs approximately four acres of the park; the agreement that has been structured with the City of West Melbourne includes that the Field of Dreams will be a part of this transfer; and that the City of West Melbourne will inherit the Board's commitment to that organization. He stated the discussion for the Board is the nature of park transfers; unlike Alfred's Park, this land was donated and improved, and has been used for a number of years; and Board direction is requested on how it would like staff to move forward in talking to partners within the community to keep these assets open to the community.
Scott Morgan, West Melbourne City Manager, advised last Tuesday, the City Council adopted a resolution indicating to the Board its support of retaining old Rodes Park as a recreation asset, even as the County moves its resources over to maintaining the new Rodes Park, once it is completed. He stressed that the City of West Melbourne supports the recommendation before the Board.
Mike Hazlett, West Melbourne City Council Chairman, requested the Board strongly consider the City's request. He stated West Melbourne celebrated its 50th Anniversary last year; the City has never had an opportunity to have a regional park of this size; the City has five neighborhood parks; but the old Rodes Park could be a regional park for the City; the park would be within walking distance to City Hall; and it would create a City Center for West Melbourne. He advised he has had some phone calls from people who have said the City has a new $30 million park going in behind the old park, and why would the City fund a park like that; he knows there are situations in which the County has larger parks with other parks next to them that belong to cities; and there are customers for all of the parks. He reiterated that it would be a flagship park for the City; the City has a new Parks Coordinator, who has a new Veterans Center established; but the City does not have any sizeable outdoor space; and the City needs a regional park for people to visit. He confirmed that his business is going to make a commitment to get involved on a corporate level; he is in the site amenity business; and he can get the picnic tables and benches; but he has talked to other corporate people through the West Melbourne Business Association, who are also excited about getting involved. He stated if the Board is worried about a financial commitment, he can tell it that the City Council has made it a priority. He added, West Melbourne has a fantastic police department; and inquired why it also cannot have a great park system. He expressed hope that the Board will strongly consider that the City of West Melbourne would be great steward to the park.
Andrew Jones, Councilman, City of West Melbourne, stated as a resident of West Melbourne and a City Council member, he is very excited about the prospect of having the old Max Rodes Park as a part of the City's recreational facility; and the City has incredible opportunities ahead of it. He echoed Mr. Hazlett's comments about the City not having a recreation department; the City has now organized that, and has designated the old City Hall as a recreation facility; and the old Max Rodes Park would expand on that. He commented on spending a lot of time at parks when he was young; and stated parks are important for the youth in the communities, and also for adults to look back on; and he would like to help facilitate that in his community in West Melbourne; and he is very excited about the future of having the park in the City's park system.
Stephany Eley, Councilwoman, City of West Melbourne, stated she believes the partnership between the City and the County is a win/win for everyone involved. She advised the old Max Rodes Park came into the County's hands through donations; the physical amenities that are on the site right now have been provided by private entities; the Greater West Melbourne Athletic Association, through their sweat, labor, and fundraising efforts, have put the physical amenities on that property; and while she realizes the Board has made a significant investment over the years in providing for the maintenance of the facility, it has not put in any actual finances to the property. She reiterated the park came into the County's hands as a public trust; because it was in County hands before anyone on the current Commission or Council were born, there are many residents throughout the County and West Melbourne who have personal ties to the property; and commented on her family's activities at the park. She stated there are many people who would be extremely disappointed if the facility were to go into private hands and become a parking lot for an institutional use, since it is zoned Institutional; it will not be able to be sold as a commercial facility because it is not zoned for that; and it needs to stay in the public trust and stay a public park. She noted West Melbourne has made a commitment to the Field of Dreams, not only to provide the land for them, but a financial commitment to them as well, that the City will help them through impact fees to be able to start the project, because the City believes it is the right thing for Brevard County and for the City of West Melbourne. She asked the Board to look past its parochialism, to look past any other political considerations, and to do the right thing for its residents.
Helen Voltz stated for the last 12 years, as a Registered Nurse, she has been the Camp Nurse for a group of mentally and physically challenged adults every Memorial Day Weekend; to see them enjoy the recreational facilities is beyond words, as it is absolutely incredible how they enjoy the facilities; and it is great for those citizens to have an opportunity once a year to enjoy the facilities and revel in all the activities that most normal kids do on a regular basis. She stated the easy thing to do is for the Board to say it is financially strapped and needs the money, and it is prime commercial property; financially, the Board could gain a lot of money in selling that property; but if the Board does sell it, it would hurt the community and hurt the kids who play at the park.
Commissioner Infantini stated she is in full support of the Field of Dreams; she voted for the Interlocal Agreement to support the Field of Dreams in December, 2009; but she did not think about the opportunity of selling the land; and if the Board sold the land rather than turning it over to the Field of Dreams, and if the City of West Melbourne would rezone it, it could be used as a commercial property. She noted it could be a huge commercial property as it is 18 acres along Minton Road; and the Board would be giving up a huge, potential tax base when it already has a 120-acre park that was just built. She stated on January 21, 2010 she started looking into alternatives for the Field of Dreams because she could not go back on a promise; she contacted Greg Minor, South Area Operations Manager, who then spoke to the engineers; and she has two emails indicating that the engineers say the Field of Dreams could be accomplished at the new Rodes Park. She stated when people continually talk about being for the kids, nobody is trying to take anything from the kids; the County converted an 18-acre park into 120 acres; and if there is not enough room for kids to play on 120 acres, then she does not know what they will do with another 18 acres. She stated she told Mayor Morgan that if the City wants to get into the Parks business, he needs to work on an Interlocal Agreement with the County where the City takes over part of Rodes Park; it will cost the County over $500,000 per year to operate the park; the County no longer has the tax revenue; and she does not think the residents of West Melbourne want to pay higher property taxes for a park when there is 120 acres next to it. She announced she will not vote in favor of the transfer of the park; but she is not voting against the Field of Dreams; and she is in favor of the Field of Dreams being co-located at the new Rodes Park.
Commissioner Anderson stated there has been a lot of discussion about fiscal responsibility; no one can challenge him for not being fiscally responsible; but he would like to talk about the facts. He pointed out that the park is inside the City of West Melbourne, which has zoning and comprehensive plan authority, of which the Board has no say-so; the park is currently zoned Institutional, which prohibits it from anything but public, or semi-public, use; the current City Council would be hard-pressed to change the zoning on the park because rezoning it to a commercial venture would clog that transportation artery even further; and the church is no longer involved in the purchase of the park, as it has expanded its parking on the current location. He stated he appreciates Ms. Eley mentioning the fact that the park was donated in 1945, and not one facility in the park was built by Brevard County, and very little taxpayer money was ever utilized to pay for the park and its amenities; operations and maintenance of the park is currently $190,000; and once it is taken offline, $90,000 would be saved in maintenance costs. He also stated another issue is that he does not think the park would sell quickly because it is zoned Institutional, and any commercial venture requires a contingency contract that says a buyer will purchase it based on the contingency that West Melbourne would change the zoning; and there are not many commercial buyers who are willing to do that right now when there are already vacant properties zoned commercially. He stated the $90,000 per year savings for the County would be transferred to the City of West Melbourne, which will support the Field of Dreams; and with the transfer of this park, it can finally be accomplished. He motioned for the transfer of the old Max K. Rodes Park.
Commissioner Nelson stated the reason he supported the transfer of Alfred's Park on the previous item was not because he thinks a City Hall was the best use for the property, but the Town of Grant-Valkaria needed to be the one to decide; if the Town wants to get into the Parks business that is their choice; the Board has always been a proponent of letting cities decide what they want to do; and in this case, it is a park within the City of West Melbourne, and the Board has said it needs to develop more partnerships; and there are few better partnerships in which there is a facility and an amenity the City is willing to continue to operate in the fashion of which it was done originally for park purposes and begin to provide services the County does not provide. He noted it is overly optimistic to think one can go to the new Rodes Park and carve out space for Field of Dreams; this is a great opportunity for which the City has continued to work with the Field of Dreams at this location; and he cannot imagine a better location. He stated ultimately, what it comes down to is the City deciding what it wants to do within its community; he appreciates partnership; and he supports the transfer.
Commissioner Infantini reminded Chairman Fisher that he was looking for more revenues, and that he said if the Board is not going to raise taxes this upcoming year, it needed to look for revenue; and this is a potential revenue that could be used to pay down the debt that the Board has so much of. She encouraged the Board to vote against the transfer.
Chairman Fisher stated he has difficulty supporting the item with the way the motion has been proposed. He believes strongly in partnerships; every community in the County should have community centers and parks near them; and kids need to be able to utilize the parks and centers regardless of their abilities. He noted as the Board starts getting rid of County assets, it has to be a win/win for not only the County, but for the community and the kids; and in this case a partnership with the City of West Melbourne. He opined the Board could help the Field of Dreams if it just donates four or five acres; it does not have to give up the whole 15 acres to do that; his concern is that some Commissioners took the Field of Dreams down a path that had the Board playing a bigger role in helping them be successful; but the Board really has not done that; and he also has a concern that the City of West Melbourne is going to acquire 18 acres in a land transfer, and there would be no real dollar commitment from the City on what it will do to make the Field of Dreams happen. He stated he would like to see the Board make the transfer to the Field of Dreams; he understands what it takes to raise money; the Field of Dreams needs the land, and they need to be able to say they have a major contributor up front, and that they can go out and start selling this product to the community; and he would like to see the City of West Melbourne commit $50,000 per year for five years to the Field of Dreams, along with the 18 acres of land donated by the County. He stated that will be a true partnership; he would support that situation, but just to transfer 18 acres with no dollar commitment from the City he will not support; and moving forward, cash or some type of service is going to have to be why the Board makes these transfers of assets, not just transferring to save operational costs.
Commissioner Anderson stated he does not have an issue with what Chairman Fisher suggested, but the Board cannot answer for West Melbourne; and it will have to go before the West Melbourne City Council. Mayor Morgan stated he cannot commit on behalf of the City Council; but certainly, the City knew in adopting its Resolution, that operating expenses are not assumed when taking on an 18-acre recreational amenity for the community; and there has to be an investment in capital improvements over a period of years. Chairman Fisher stated he would like Mayor Morgan to take the issue back to the City Council; and noted the operational costs are approximately $82,000. Mayor Morgan acknowledged that figure would not necessarily be what the City would spend. Chairman Fisher stated the City's resolution did not make a commitment to a dollar figure; and he is looking for more of an upfront partnership with some dollar commitments.
Commissioner Nelson stated if that is what it is going to take to get the transfer made, the Board could make the offer and amend the motion to include sending it to the City of West Melbourne and give it a chance to look at it and decide if it is something it can deal with; and if the answer is yes, then no one needs to come back; but if the answer is no, then the City can bring its thoughts back to the Board.
Commissioner Anderson noted Councilwoman Eley had mentioned the City using transportation impact fees and shift them to the Field of Dreams. Mayor Morgan stated the issue has not been to the Council yet, but it is developing its annual CIE element of its Comprehensive Plan; and as a staff, the City is proposing a CIE on the basis that if it were able to accomplish the Rodes Park acquisition from the County, that in 2014, the City would invest $250,000 in something as of yet unknown; but the City understands it has an obligation for capital. He advised the City has not done a master plan for the site; Field of Dreams is an important component that is recreation exclusively for the disabled, and not just when the field is available; and the Council is supportive of that; but that will come before the Council at its next meeting, to put into the CIE some capital for Rodes Park. Chairman Fisher stated he wants to see a true commitment out of the City to the project other than saying it supports the Field of Dreams. Commissioner Anderson stated immediately, the City will have to pave the existing parking lot, which is dirt, to accommodate the Field of Dreams. Mayor Morgan stated the plan shows parking that is very close to the fields; one of the City's considerations for capital projects would be to have some shared parking when there are larger events; but the City has not yet gone through a master planning process.
Commissioner Nelson noted there may be some grant opportunities as well, that would be appropriate; whether it is the City's General Fund or grants, the Board is looking for the commitment to the process; and it costs money to do the grant processes, but the City may be able to get sufficient dollars to do the first phases. Chairman Fisher opined that the City might get some citizens to help them do that, but it gives the Field of Dreams a big kick. He inquired if Commissioner Infantini would support the transfer now that there is a true partnership and the City is paying a dollar amount; with Commissioner Infantini responding no, she does not support the transfer.
Commissioner Anderson inquired if Chairman Fisher mentioned a dollar amount that he would like to see from the City of Melbourne. Chairman Fisher replied he is looking for a commitment from the City of West Melbourne of $50,000 per year for five-years.
Commissioner Anderson stated he will amend his earlier motion. Mr. Tipton stated he would like to give the City the flexibility to contribute $100,000 per year and meet the obligation in two and a half years; and noted what the Board is really looking for is a commitment of $250,000 over five years. Stockton Whitten, Assistant County Manager, stated staff will work with the County Attorney and the City on the wording so it will not have to come back if the City accepts the proposal.
The Board authorized the Chairman to execute a Resolution, Interlocal Agreement, and County Deed conveying "Old" Max K. Rodes Park to the City of West Melbourne for the purpose of providing public related activities and public recreational purposes, contingent upon a commitment from the City of West Melbourne of $250,000 over five years for the Field of Dreams.
RESULT: ADOPTED [4 TO 1]
MOVER: Andy Anderson, Vice Chairman/ Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
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ITEM VII.B.3., DISCUSSION AND STAFF DIRECTION, RE: PLACEMENT OF NON-AD VALOREM ASSESSMENTS ON THE NOTICE OF PROPOSED TAXES (TRIM NOTICE)
Stockton Whitten, Assistant County Manager, stated the Board had asked staff to look at the issue of adding non-ad valorem, or special assessments, to the TRIM Notice; and reported staff has addressed the issue in the Agenda Report. He noted the primary concern is that not all of the ad valorem assessments that are levied are Board of County Commissioners assessments; 23 of 42 ad valorem assessments are through the cities or from special districts; and the Agenda Report lists the concerns associated with placing some, but not all, of the assessments on the TRIM Notice. He noted the second page of the Agenda Report actually asks for discussion, or Board, direction on four bullet points that would need to be covered under this particular item.
Chairman Fisher stated it appears the goal would be that if the TRIM Notice is modified, it would be to have full disclosure by everybody; and if the cities do not participate, then it is not going to work. He stated he does not know if the Board can do anything other than direct staff to take the issue to all of the cities and get the their positions on it.
Commissioner Anderson stated he believes the State needs to force the issue upon the cities; he has an issue with the legal advertising that the Board already pays for day-to-day routine things; if that can be fixed, and the conservative legislature lets the Board stop giving money to newspapers, that money can be used to offset the extra costs for the TRIM Notices; and that would be more beneficial than posting a public hearing on a zoning issue in the newspapers, which are a way of the past; the County already notifies residents within 500 feet of a zoning request; and his approach would be to put some pressure on the delegation to change this.
Commissioner Nelson stated his fear is that it actually gets more confusing than beneficial; for instance, the Property Appraiser has said that the County's dirt road paving assessments would have to go on the TRIM Notice because they are assessments; there is one on Merritt Island that had eight houses on it; and the Board would be adding it to the TRIM Notices for eight houses; and he thinks that is counterproductive. He noted it is part of a process that goes through to approval of a millage rate; each of those special assessments has its own process that it goes through; the Board has public hearings to approve those rates; they have not changed in four years, but the point is that people look at it and say it is too much, but the decision was actually made four years ago; and he thinks it would be more confusing than beneficial.
Commissioner Bolin agreed with Commissioner Anderson that the issue needs to be addressed from the top down; in District 4 there are a lot of different assessments; and it would be difficult to try to get all of them, plus the municipalities, to achieve full disclosure, but it would not be disclosure because there will be one or two that get missed. She stated the cost of having to do this is not worthy of the extra money at this point in time; and she is not in support.
Commissioner Anderson stated he is in support of adding the assessments to the TRIM Notices; he respectfully disagrees with Commissioner Nelson that it is too cumbersome; tax bills are already printed and they seem to be correct; and all the TRIM Notice is, is an advanced copy of the tax bill sent to residents. He stated he does not want to give the legislature a way out by saying it is too cumbersome because it is not too cumbersome; and he would still like to force the issue through the State so that when the residents get the TRIM Notices, they will know what their tax bill is going to be, and it does not look like government is hiding things from them.
Commissioner Infantini motioned to approve full disclosure from the County's standpoint on the TRIM Notices. She realizes the Board cannot require every municipality to do so, but at least as far as the Board's transparency, it can be completely transparent as far as all of the taxes and assessments that it charges as a County; and she recommends approval to move forward as soon as possible. She noted the Board can encourage all of the municipalities to be equally transparent.
Chairman Fisher inquired what the cost would be if the other cities were not included, and it was just the Count's assessments on the TRIM Notices. Mr. Whitten advised the additional $40,000 is assuming the TRIM Notice would go from one page to two pages; a concern of the Property Appraiser was whether or not he had the resources to actually do the non-ad valorem assessments within the time frame for the TRIM Notice; and it is a complicated system of everybody who levies getting their assessments within that time frame, and the database and information to the Property Appraiser's Office. He noted an example of full disclosure is if someone lives in Viera East, he or she is part of the Viera East Community Development District; if the Board votes today to put the Viera East fire assessment on the TRIM Notice, there will be a statement on it that says, "This is a notice of proposed property taxes and proposed or adopted non-ad valorem assessments"; the person living in Viera East will believe he or she now has a TRIM Notice with their property taxes and non-ad valorem special assessments; and they still would have the Viera East Community Development District fee that would appear on their tax notice; and that is the issue with regards to that particular example of putting just the County's non-ad valorem, or special assessments, on the TRIM Notice.
Commissioner Bolin noted in District 4 there are many different variables, that to state that putting the information on the TRIM Notice would be full disclosure is a false statement; there would also be a problem with the timeline; all the homeowners associations and community development districts do not do their budgets at the same time; and stated she is for full disclosure, but she does not think it will be presented as full disclosure.
Chairman Fisher suggested the Board send a statement to the Florida Association of Counties or the legislature in support of trying to get full disclosure mandatory.
Howard Tipton, County Manager, clarified direction from the Board for staff to work with the FAC and the legislative delegation and ask them to add non-ad valorem assessments to the tax bill statewide. Commissioner Anderson stated he would like staff to also look at the issue of legal advertisements and how much is spent on them each year.
The Board denied the placement of Non-Ad Valorem Assessments on the Notice of Proposed Property Taxes (TRIM Notice).
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
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ITEM VII.B.4., BOARD CONSIDERATION, RE: REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN FOR MARK CAMERON - 350 NELSON DRIVE, MERRITT ISLAND
Robin Sobrino, Planning and Development Director, advised the item is a recommendation from the Special Magistrate regarding the Mark Cameron Code Enforcement Case; Mr. Cameron appeared before the Special Magistrate on November 18, 2010 requesting a reduction in his fines; and the Special Magistrate recommended a reduction to $750 from the $8,775 in fines.
She stated the item is on the Agenda is because it is pursuant to the Board's direction on December 7th in which staff was directed to ensure that any actual costs for Code Enforcement cases be recovered as part of a fine; and the actual costs in this case are $1,278, resulting in a shortfall of $528.
Commissioner Nelson pointed out there were two other items on the Consent Agenda, which were for the actual costs as well.
The Board directed staff to recover the actual costs accrued for Housing Code maintenance violations at 350 Nelson Drive, Merritt Island (Case 09-CE-02964 f/k/a 08-0407) in the amount of $1,278; and directed staff to prepare and execute a release and satisfaction of lien upon receipt of payment.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman/ Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
.
ITEM VII.E.1., BOARD DISCUSSION, RE: SCHEDULING OF A WORKSHOP TO DISCUSS U.S. 192 SOLID WASTE FACILITY
Commissioner Anderson stated he and his staff met with Deseret Ranch and consultants of both the Ranch and the Board regarding the U.S. 192 Solid Waste facility; subsequently, he received a letter from Deseret Ranch requesting a workshop; he agrees with a workshop, as because of Sunshine Laws, the Board cannot discuss it in a Regular meeting; there is conflicting data that needs to be discussed by the Board on whether it moves forward with the site; and he does need to remind the Board that he has never been in favor of the U.S. 192 site, but regardless, Deseret Ranch and their consultants have some compelling data that is being disputed by the Board's consultants.
Mel Scott, Assistant County Manager, advised the Board has a consultant who is working on behalf of Deseret Ranch that has essentially taken the conclusion that the Board has flipped upside down on which option would be economically beneficial to the County; the Board has been proceeding with the permitting and ultimate construction of the U.S. 192 site based upon its consultant's information, which states that the Board cannot get a better long-term insurance policy for taking care of the County's solid waste needs than by ensuring that it knows how to control the costs of where the trash ends up; and by having a solid waste facility constructed at U.S. 192, that positions the County to be disposing trash in the most economical way for decades to come; and it replaces the County's solid waste facility needs when the Cocoa and Sarno landfill's reach capacity. He stated it may be beneficial to the Board to recognize that its consultant, S2LI, has been directed to rebut those assumptions and conclusions; and he would expect that the Board will have that information by the end of the week.
James Payne, Deseret Ranch, noted the Ranch and the Board has met several times over the years to discuss solid waste and the County's alternatives; the Ranch realizes the Board has a responsibility to make decisions and to make those decisions it feels are best in the interest of the County; and something the Ranch was told from early on was that if the subject site was not appropriate for various reasons, then what are the alternatives. He stated the Ranch started looking at alternatives; one alternative was the JED landfill in Holopaw, which is one alternative that the Commission considered a while ago when it made the decision to proceed with trying to permit the U.S. 192 site; and Deseret Ranch asked its consultant, Mr. Khatami, to look at the model and financial data that was used going into this model and to make that decision; and Mr. Khatami came back and noted there were some things in the model that did not make sense. Mr. Payne reported Mr. Khatami reviewed the entire model and the Ranch came back to the Board to say there were some incorrect assumptions in the model that changed things significantly; and what was found actually flip flopped the conclusions that were made. He stated there are several things to consider when determining how much solid waste will cost; one thing to consider is the population that will be served; the amount of waste per person has to be considered, along with how much of that waste will end up in the landfill; and then space in the landfill for the waste has to be considered, a lot of which depends on the compaction rates and the density. He remarked that from all of that data, certain costs have to be applied to that to try to determine how much the landfill will cost, or how much the other alternative will cost. He stated when comparing two alternatives, such as what the County did between the JED facility and the U.S. 192 site, the Board wants to make sure that it is comparing apples to apples to make a proper comparison; and based upon that data, the Board can make a decision and figure out what is in its best interest to do. He stated what Deseret Ranch and Mr. Khatami have determined from the findings is that there was inconsistent population numbers; the Ranch believes the population projection should be the same, regardless of what numbers are used; there were inconsistent factors to calculate the number of tons of waste that would be generated per capita; and there was also inconsistency in how much space is needed in a landfill, and how much will have to be transported. He advised an extremely high factor was used to calculate how much waste was actually going to be transported, so it caused discrepancies to come out in the results and model. He pointed out that separate and aside from that, as he looked at the model, different places were found where there were mistakes in the actual formulas within the Excel spreadsheet; carried out over a period of years, those mistakes start to multiply; and Mr. Khatami felt there were some missing cost items as well. He noted Mr. Khatami and Euri Rodriguez, Solid Waste Management Director, met to try to rectify and figure out what the discrepancies were; he has not heard anything from the County as to what its opinion was about that meeting; but Mr. Khatami still stands by his conclusions that there are real discrepancies in what the County found it was going to cost to permit and operate the U.S. 192 site; there are also discrepancies in what it would cost to utilize the alternative site; and those discrepancies together equal a $205 million difference between what Mr. Khatami felt the numbers should be and what the County's expert said those numbers would be. He stressed that Deseret Ranch feels it is imperative that the Board actually looks at the model and try to figure out if Mr. Khatami is correct, and why there is a huge difference; consequently, the Ranch has said the best thing to do would be to hold a workshop so that the Board can ask questions of Mr. Khatami; and all of the Commissioners could be together to hear the information. He stated based on the information that comes out of the workshop, the Board could make an informed decision as to whether it wants to do one thing or do another. He reiterated there are lower cost alternatives to the County; regardless of what is done with the land at the U.S. 192 site, there are lower alternatives; and it behooves the Board to look for ways to save money.
Commissioner Bolin inquired of the time frame involved in scheduling a workshop. Scott Knox, County Attorney, advised the Board currently has a pending administrative proceeding involving Deseret Ranch on the issue of the first permit that is required to moving toward opening the landfill; and typically, when the Board is in an environmental situation, it does not schedule workshops for the reason that the Board does not get into discussions that may be used against the County in the administrative proceeding. He pointed out that what is typically done in these circumstances is staff will request an Executive Session; there is a document which came from the engineers yesterday rebutting Mr. Khatami's findings; and the Board may be interested in reading that before it makes any decisions.
Commissioner Anderson stated the administrative hearing is just about the environmental impact to the site; it has nothing to do with what the Board is discussing today as far as assumptions made to the costs of operating a landfill. Attorney Knox replied to a degree it has some bearing on it because it is a matter of strategy as to if the Board wants to go forward with the permitting process or not; and part of the permitting process right now is the litigation. He stated eventually the financial feasibility of the project becomes an issue, not in this proceeding, but in the next proceeding the Board will be going through. Commissioner Anderson pointed out that even though there is a $205 million direct cost discrepancy, the Board needs to get into the discussion of harming a giant industry in the County, which is cattle; the solid waste facility would have an impact on cattle; so there are some unrelated costs that the cattlemen will say can happen as a result of taking up 3,000 acres of grazing area; and he would like to discuss it. He opined that a previous Commission made the ill-advised decision to make the U.S. 192 site the site for a landfill when there were cheaper alternatives available.
Commissioner Infantini motioned to hold a workshop, as she has done an extensive analysis with her staff, an engineer, and with Mr. Khatami; and she has received information from Mr. Rodriguez, who has also been helpful. She advised after analyzing the spreadsheets, she found out there were discrepancies in both spreadsheets; she requested the spreadsheets to have actual numbers if the Board holds a workshop; neither of the spreadsheets used actual numbers; and moving forward, there is historical information and new projections based on population, which have changed substantially.
Commissioner Nelson stated he hopes that technology overtakes the problem and that the County will never have to utilize the U.S. 192 site; but the long-term question is what the Board will do with trash beyond the 20 years. He advised he believes there is a risk in having a workshop at a time when the Board is in litigation; he would like to continue the process of discussion between staff and the engineers until a point is reached where the Board knows the exact point of contention; and it is unsettling to him that the Board has heard the Deseret Ranch side, but not the Board's side. He stated he does not believe the Board is ready for a workshop yet.
Commissioner Bolin stated she is not against a workshop, but she has a problem with the timing of the workshop because of the current litigation; and inquired if Attorney Knox said the Board could hold an Executive Session on the matter so that all of the Commissioners can talk together without having any problem legally. Attorney Knox replied he believes that is the case, but he would like to talk to the outside counsel that is handling the administrative proceeding to make sure there would not be a problem with holding an Executive Session.
Chairman Fisher stated his position is if Deseret Ranch thinks there is better technology and there is something the Board can do better, the Ranch needs to write a check to the Board to hire another consultant to come in and conduct a study, then he would be in support of it, but it would have to be at the Ranch's expense and the study will have to work for the Board and not Deseret Ranch; and he does not believe that has happened yet. Mr. Payne noted what Deseret Ranch had offered was to pay half the cost of an audit by someone independently. Chairman Fisher stated he would want the additional consultant to work for the County and he wants Deseret Ranch to pay the bill to try to prove that something the Board did was wrong; and if Deseret Ranch is willing to do that, then he will support a future workshop. He expressed that he believes the Board's current consultants are talented. Mr. Payne advised Deseret Ranch has not seen any response; Mr. Khatami met with Mr. Rodriguez; but the Ranch has not seen anything other than Mr. Khatami's report of that meeting; and there were no material changes in Mr. Khatami's position, but he has not seen anything from the County.
Chairman Fisher called for a vote on the motion as stated; motion failed, to schedule a Workshop to discuss the U.S. 192 Solid Waste facility.
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
.
Commissioner Infantini explained the Agenda Item is a request to discuss opening up a home to business use with limitations, so that virtually any type of business can work from a home, as long as there is no business traffic at the home; and with all of the layoffs, many people will want to start businesses, but the problem is the cost of capital and the cost to rent an existing business structure. She stated she is proposing to allow someone to start a business and operate from his or her home; and she has a CPA practice at her home. She advised the allowance would not be unlimited; there should not be increased road traffic; and she is not proposing to have trucks driving through residential neighborhoods.
Chairman Fisher inquired if a small business can be approved in a home as of today. Robin Sobrino, Planning and Development Director, replied the Code sets forth a rather exhaustive list of business uses that are permitted as home occupations; the businesses the Code looks at are primarily professional types of offices; the whole intent of the home occupation section of the Code is that it be seamless within a residential setting; and therefore, the home occupation section limits there to be only one employee in addition to the family members who may be residing at the residence. She noted there is also consideration that there should not be deliveries to the home; there should not be people frequenting the site in order to purchase goods; there should not be any outside storage of any products or materials; and the whole idea is to maintain a very residential appearance in operation.
Chairman Fisher clarified that a business can currently operate from a home; with Ms. Sobrino responding affirmatively. Commissioner Infantini pointed out that contractors are not permitted to have a business in their homes. Ms. Sobrino advised there are approximately three types of businesses that are expressly precluded, which are contractors, tradesmen, and bail bondsmen, because usually, by their nature, there is a lot of activity associated with visitation to the site; and it does not blend well in a residential setting, typically.
Commissioner Bolin advised Cottage Industry businesses are permitted in homes; and the item before the Board is specifically for contractors and building tradesmen. Commissioner Infantini explained the item is to request approving those types of businesses on the list of approved home occupations without opening it up; and she discussed with staff some parameters that could be placed on the permit so that it would not open itself up to unlimited, or increased, traffic in a residential neighborhood; and that was not her intent, as she does not want to jeopardize the safety of kids playing in a residential setting, but she would like to open it up to contractors and tradesmen because often times, those businesses are comprised of only one person.
Chairman Fisher stated the reason those types of business are not permitted in the Code is because they are difficult to monitor, and the neighbors complain. Commissioner Anderson noted a lot of trades require contractors licenses; some lesser trades than contracting require licenses; and inquired if a contractor is storing materials at a warehouse and is just using his or her home as an office, is that allowed currently. Ms. Sobrino replied yes, that is an office with business use only. Commissioner Anderson understood that an occupational license for a contractor would have to physically hang in a warehouse.
Commissioner Bolin followed Commissioner Anderson's question by asking if contractors have to keep the tools of their trade at another location other than a residence, nor anything leftover from a construction site, even if he or she personally owns it. Ms. Sobrino replied that is what is currently taking place. Commissioner Bolin inquired what is the advantage then of having contractors allowed as a home occupation. Ms. Sobrino responded the Board grappled with the same idea in 2002, when there was a request from a contractor; staff brought forward Code language to help underscore the fact that the contractor use would be limited to just office use, and spell out that all of the other activities would not be permitted in a residential setting; at that point, the contractor advised the Board that it would not help him change the way he does business; and at that time, in 2002, the Board opted not to even undertake any further change to the Code. She explained the Business Tax Receipt (BTR) process is fragmented in that the prospective business owner goes to the Tax Collector, which is what kicks off the process of getting the Zoning review for the BTR; 99.9 percent of the time, Zoning staff has no interaction with the prospective business owner; instead, everything is done through the Tax Collector's Office, who is supposed to be Zoning's voice to the business owner; but unfortunately, staff finds that often somebody may walk away with a BTR that allows a certain use; and while Zoning has imposed certain conditions such as nothing to be sold on the property, limitations to one employee, et cetera, that message is not cleanly conveyed to the business owner, and they walk away with a BTR thinking they are now licensed to have their business at their home. She noted it is not being explained to the business owners the finer issues of what the Zoning allowances are; and she would suggest to the Board that if it were to consider such an amendment to allow for contractors, it would be essential that there be the ability to establish a better conduit in communication with the business owner; and that would involve having additional staff available to reach out to the business community.
Commissioner Nelson stated there are some unintended consequences; by allowing contractors in the home, they will think they do not need a storage unit; people will begin to bring home a truck load of materials to store in a garage; and the Board will see increases in Code issues. He pointed out that the Code is currently working; and he does not see it as a positive step.
Commissioner Infantini stated there will be many new people wanting to get into an industry, such as remodeling or painting contractors; painting contractors can park their truck in a garage, and there will not be many additional materials stored on site, but because of the nature of the occupation, the Board is saying they are not allowed to work from home; and the contractor will have to rent a separate space in order to have an office space just to be able to say he has an office. She stated she is sure there will be isolated circumstances; she has even said she will work with Code Enforcement; and people would be allowed to call her office to place an anonymous complaint.
The Board discussed the possibilities of amending the Zoning Code to allow contractors and building trades to be permitted as home occupations, but took no action.
ITEM VII.E.4., DISCUSSION, RE: PARKS AND RECREATION REFERENDUM BONDS
Commissioner Infantini mentioned a discussion that took place at a prior Board meeting about expanding another park and adding more fields because there is money left over; and motioned the Board refund, or defease, the bonds with all the remaining funds to minimize the bonds outstanding.
Chairman Fisher inquired when there was a Budget Workshop. Stockton Whitten, Assistant County Manager, advised the final Budget Hearing was September 28th. Chairman Fisher noted at least three Commissioners voted to defease the bonds; and inquired if that has changed since the Board voted for that. Mr. Whitten replied no, staff is proceeding, but it is a matter of timing the market. Chairman Fisher inquired why the item is on the Agenda. Commissioner Infantini replied there was discussion at a recent meeting in December; there were Commissioners talking about building more fields at Viera Regional Park because there was such a need; and she was concerned. Chairman Fisher pointed out that three out of five Commissioners already voted to defease the bonds. Chairman Fisher noted the Board requested in December a report on building more fields.
The Board discussed defeasing the Parks and Recreation Referendum Bonds, but took no action.
Upon Board consensus, the meeting was adjourned at 12:32 p.m.
ATTEST:
ROBIN L. FISHER, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
_______ BREVARD COUNTY, FLORIDA
MITCH NEEDELMAN, CLERK