MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

November 14, 2006

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 14, 2006, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, and Susan Carlson, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent was Commissioner Jackie Colon.

 

The Invocation was given by Commissioner Scarborough, District 1.  

 

Commissioner Carlson led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson to approve the July 11, 2006 Regular Meeting Minutes.  Motion carried and ordered unanimously.   

 

 

 

Chair Voltz advised Item I.B.5. is an Agreement with Circles of Care, and as she is employed there, but she does not have a conflict of interest.  County Attorney Scott Knox advised there is no conflict as she has no personal benefit.

 

 

 

Chair Voltz requested to pull Items I.B.12, Approval of Jordan Scrub Sanctuary Management Plan, Re:  Environmentally Endangered Lands Program, and I.B.13., Approval of Malabar Scrub Sanctuary Management Plan, Re:  Environmentally Endangered Lands Program, for 90 days to work on greenways and trails for South Brevard.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant a six-month site plan extension for Wickham Corner SP#05-07-006, with a new expiration date of April 7, 2007, in order to allow the applicant to continue wetland mitigation with St. Johns River Water Management District and the Army Corps of Engineers.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Scarborough, seconded Commissioner Carlson, to execute Contract for Sale and Purchase with DES Properties, LLC, and grant waivers of the appraisal and environmental assessment; and accept title to Tangle Run Boulevard subject to easements and restrictions of record.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution necessary for conveyance by County Deed for the 50% interest in title to the St. Johns River Water Management District; execute Participation Agreement, Memorandum of Agreement, and County Deed; and accept Quit Claim Deed transferring the District’s 50% interest back to the County.     Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Restoration Plan for Wetland Impacts as submitted to the Natural Resources Management Office by Atlantic Environmental Solutions to resolve the Wetland Protection Violation regarding Action File #05-0599.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept Utility Force Main and Pipeline Easement from Anchorage Development Inc. for a sewer system; and grant a waiver of Phase 1 Environmental Assessment for property located on Moore Park Lane in Merritt Island.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Lead Brevard for preferred future strategic plan implementation.  Motion carried and ordered unanimously. 

 

  

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Family Court Resource Assistance, retroactive to October 1, 2006 in the amount not to exceed $50,000, for Child Support Enforcement Informational Service; and authorize the Chair to execute any future amendments/renewals to this Agreement, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute a Memorandum of Understanding with Catholic Charities for Choose Life License Plan Adoption Program; and authorize the Chair or County Manager to execute all future amendments/renewals to the Memorandum, contingent upon the approval of the County Attorney and Risk Management.   Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Brevard County Legal Aid, Inc., retroactive to October 1, 2006 in the amount not to exceed $236,500, for legal services for indigent Brevard County residents; and authorize the Chair to execute any future amendments/renewals to the Agreement, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Circles of Care, Inc., retroactive to October 1, 2006 in the amount not to exceed $1,711,548, for Baker Act Services; and authorize the Chair to execute any future amendments/renewals to the Agreement, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment  to  Agreement  with  the  State  of  Florida Department of Children and Families for

child care licensing and enforcement program; and authorize the County Manager or designee to execute future amendments/renewals to the Amendment to Agreement, contingent upon the approval of the County Attorney and Risk Management.  Motion  carried and ordered unanimously.   

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Professional Services Agreement Amendment No. 011 with Post, Buckley, Schuh & Jernigan, Inc. for A/E services required for the South Brevard Senior Center at Wickham Park.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Ocean Ridge Sanctuary Management Plan, outlining the land management activities for the property, under the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Maritime Hammock Sanctuary Management Plan, outlining the land management activities for the property, under the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Washburn Cove Sanctuary Management Plan, outlining the land management activities for the property, under the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Jordan Scrub Sanctuary Management Plan, outlining the land management activities for the property, under the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to purchase eight diesel fueled transit coaches off the Florida Transit Association Finance Corporation’s (FTAFC) Florida State Consortium Contract in the amount no greater than $3,000,000; and authorize a payment of $4,000 to the FTAFC for the transaction fee. Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged for Space Coast Area Transit to provide coordinated transportation services in Brevard County for the period beginning October 1, 2006 until September 30, 2011.   Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution qualifying Harris Corporation as an eligible business under the County’s Tax Abatement Program and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution qualifying Coastal Mechanical Services, LLC as an eligible business under the County’s  Tax  Abatement   Program  and  authorize  a  public  hearing  to  consider adopting an exemption ordinance.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolutions authorizing the borrowing of not to exceed $738,000 and $110,000 respectively, from the Pooled Commercial Loan Program of the Florida Local Government Finance Commission, pursuant to the terms of the Loan Agreements; authorize the Chair and County Attorney to sign the necessary loan documents; and authorize staff to make necessary budget changes.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chair to execute the Contract with Idea Integration, Inc. for the expansion of the Document Management System, upon approval by the County Attorney’s Office.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chair to execute the contract with SAP for consulting services to enhance employee position management and budgeting, upon approval by the County Attorney’s Office.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the County Manager to execute the contract for the implementation of new computer hardware with the selected vendor, upon approval by the County Attorney’s Office. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Interlocal Agreement with Osceola County regarding mutual aid for fire protection and rescue services.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Interlocal Agreement with Osceola County regarding automatic aid for fire protection and rescue services.  Motion carried and ordered unanimously.  

  

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Memorandum of Agreement with the Orlando/Orange County Urban Area Security Initiative Agencies, allowing a regional approach toward security initiatives and County Agencies to participate, including the Brevard County Sheriff’s Office; and appoint the County Manager or her representative to sign and execute any future agreements concerning the Memorandum of Agreement.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Brevard Cultural Alliance Cultural Grant Panel’s recommendations as listed for awards for the FY 2007 Brevard County Community Cultural Grants.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Bills and Budget changes, as submitted.    Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating portion of public utility easement and drainage easement in Port St. John, Unit Three, as petitioned by Robert S. Lutz II.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in Port St. John, Unit Three, as petitioned by Robert S. Lutz II.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating portion of public drainage, utility and canal easement in first addition to plat of Canaveral Second Section as petitioned by Charles and Wanda Hughes.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public drainage, utility and canal easement in First Addition to Plat of Canaveral Second Section, as petitioned by Charles and Wanda Hughes.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating public utility easements in Clear Lake Terrace, as petitioned by Charles Smart and Christine Smart Osgood.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating public utility easements in Clear Lake Terrace, as petitioned by Charles Smart and Christine Smart Osgood to the December 12, 2006 Board meeting.  Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating portion of public utility and drainage easement in Riverside Landing of South Brevard, as petitioned by Johnny and Eileen Batche.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in Riverside Landing of South Brevard, as petitioned by Johnny and Eileen Batache.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating portion of public utility easements in The Moorings, Unit 2, as petitioned by Norma Feaganes.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility easements in The Moorings, Unit 2,  as  petitioned  by  Norma  Feaganes.   Motion  carried  and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating portion of public utility and drainage easement in Greystone Phase III, Replat of Tract G, Greystone Phase II, as petitioned by Neil Napolitano.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in Greystone Phase III, replat of Tract G, Greystone Phase II, as petitioned by Neil Napolitano.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider Resolution vacating portion of public utility easements in Putnam Park, Unit One, as petitioned by Diane Vonderleth.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility easements in Putnam Park, Unit One, as petitioned by Diane Vonderleth.  Motion carried and ordered unanimously. 

Chair Voltz called for the public hearing to consider Ordinance extending effective date of Ordinance No. 06-44, Transportation Impact Fee Assessments.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson to adopt Ordinance No. 06-61, an Ordinance amending Ordinance No. 06-44 adopted by the Board of County Commissioners of Brevard County Florida on August 8, 2006; specifically amending section 8 “Effective Date” of Ordinance No. 06-44 to extend the Effective Date until December 31, 2006; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider Temporary Use Agreement with Joel S. and Christine A. Burrill for transfer site for dredged material and storage of associated heavy equipment.

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to execute a Temporary Use Agreement with Joel S. and Christine A. Burrill, to allow for a transfer site for dredged material and storage of associated heavy equipment.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider Resolution adopting fourth quarter Supplemental Budget for FY 2005-2006.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution approving the Fourth Quarter Supplemental Budget for FY 2005-2006; and approve the budget changes and such actions as are necessary to implement the adopted changes.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz called the public hearing to consider Ordinance for Economic Development Tax Exemption for EDAK, Inc.

 

There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance granting an Economic Development Ad Valorem Exemption to EDAK, Inc., 630 Distribution Drive, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by EDAK, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

County Attorney Scott Knox stated he received a call from Attorney Rick Torpy this morning who indicated he would like to have the item removed from today’s Agenda, as he is going to supply new information next week.  He noted Mr. Torpy is not objecting to the recommendation he made that the County get a third party to evaluate the claim.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the requirement for an appraisal in advance of Board consideration; and execute Contract for Sale and Purchase and Addendum with Champion and Nellie S. Waring for property lying east of U.S. 1 and south of Jay Jay Road for the Chain of Lakes Project, subject to the appraisal value being at least equal to the Contract amount.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the requirement for an appraisal in advance of Board consideration; and execute Contract for Sale and Purchase and Addendum with Donald R. and Marjorie R. Feguer for property lying east of U.S. 1 and south of Jay Jay Road for the Chain of Lakes Project, subject to the appraisal value being at least equal to the Contract amount.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Jo Parker, et al, for property in conjunction with the Barnes Boulevard improvement project, FDOT’s U.S. 1/Barnes Boulevard intersection improvement project, and the Pines Industrial Park drainage improvement project.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to determine the proposed U.S. 192 landfill project is in the public interest and has an overriding public benefit.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to table consideration of Agreement with the Economic Development Commission of Florida’s Space Coast for marketing, retention, and recruitment for economic development for FY 2006-2009.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve adding painting and sealing of the exterior of the Space Coast Stadium to the Capital Improvement List approved by the Board on October 31, 2006 with no allocation of additional funding over the previously approved $2.6 million.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Purchase Order for replacement of Hazardous Materials Response Unit and Change Orders re-pricing the unit to $300,544.  Motion carried and ordered unanimously.                              

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the conflict of interest, if any, of the Akerman Senterfitt firm to allow representation of a defendant in an eminent domain case, specifically for Walgreens on Wickham Road.  Motion carried and ordered unanimously.

 

 

County Manager Peggy Busacca advised when the Board approved the Consent Agenda, it pulled items I.B.11 and I.B.13 to be held for 90 days, but it should have pulled items I.B.12 and I.B.13 and approved Item I.B.11.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reconsider approval of Consent Agenda Items I.B.11 and I.B.12.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Hardwood Hammock Sanctuary Management Plan, outlining the land management activities for the property, under the Environmentally Endangered Lands Program, and delay consideration of the Jordan Scrub Sanctuary Management Plan for 90 days.  Motion carried and ordered unanimously.

Commissioner Scarborough extended to Commissioners Pritchard and Carlson best wishes upon their departure from the Board.

 

 

Commissioner Pritchard stated the Board received a letter from Property Appraiser Jim Ford, which stated $1.8 million will be deposited to the Board of County Commissioners; inquired if the amount is anticipated and budgeted; and if it is not, can it be earmarked for roads; with County Manager Peggy Busacca responding yes, it was anticipated and it has been budgeted.

 

 

Commissioner Pritchard stated what Odyssey Charter School continues to go through is terrible; and the practice that the school administration has utilized regarding Odyssey is not the way to be doing business and providing education to the children.  He noted he asked Constance Ortiz to speak to the Board on some of the issues the school is suffering.  

 

Founding School Director Constance Ortiz stated the journey with Odyssey School started over a year ago, before the Board allocated money to it last January; and State Statutes support the Board and its decision, giving it sole discretion.  She noted as the school was built last year they received a letter from the Governor recognizing Odyssey School as one of the top 35 schools in the State of Florida for gain scores; and that happened while building a school and tripling student numbers.  She commented there were no schools on the drawing board for eight years in Palm Bay; and Odyssey stepped up to the plate and built a public school, which is a 40,000 square-foot energy efficient, and environmentally designed building to enhance the health of the students with superior indoor air quality and natural day lighting because the children in the community deserve the very best.  She stated the Board has information such as the State Statute, Ordinance, County Attorney opinion, Commissioner Voltz’ Office’s research, and a letter from Senate appointees supporting the County Commission’s decision for impact fees for the non-profit independent public school.  She stated the School Board has thrown up a lot of opposition; however, it received its impact money to build a lovely school several miles from Odyssey School.  She stated Odyssey’s 510 students are depending upon community support so the school can fulfill its dreams and build a kitchen to start changing the school lunch programs; they will take out things such as high fructose corn syrup and preservatives and serve healthy oils; and this is all part of Odyssey’s Healthy School Program.  She requested the Board fulfill what it decided upon last January, so that the school can be free to complete the facility and move on; and stated they do not want to fight with the School Board for $2.24 million.  She stated the letter from the Charter Review Panel states the Board could give Odyssey up to $6.4 million; and in the school’s opinion, that award is reasonable.

 

Chair Voltz stated her assistant, Tre? Holten, has done a lot of work on the issue; and requested Mr. Holten address the Board.   

 

Tre? Holten stated the journey of Odyssey School began in Tallahassee in 2004, when he was employed by Representative Thad Altman; Representative Altman was a sponsor of the bill; and he assisted Representative Altman in writing and drafting the legislation.  He stated it is growth management, which is a key issue in Brevard County; and that the law gives the County Commission authority to issue impact fees is significant when it comes to growth in Brevard County.  He noted this is a situation which has a planned unit development; there was not capacity in the existing public schools; and the development donated over $1 million worth of land to a non-profit public school. 

 

Commissioner Pritchard stated in January 2006 the County Commissioners voted to award Odyssey Charter School $2.2 million; Mr. Holten has on his recommendation to change paragraph two to $2.5 million; and inquired if that is because of an increase in construction materials; with Mr. Holten responding it is because of the increase in construction and inflation.  Commissioner Pritchard  stated this has been  ongoing for  far too long and it is beyond him why

the School Administration would want to hold Odyssey hostage; the Board asked County Attorney Scott Knox in October if the Board could advance funds to Odyssey Charter Schools for the construction of school facilities on the condition that the advance be repaid from educational impact fees, and the answer from Mr. Knox was yes.  Commissioner Pritchard noted on January 10, 2006 the Board voted to award Odyssey School $2.2 million; now because of material costs it is $2.5 million; he does not know why the Board would not move today to award Odyssey $2.5 million; this is about educating students; Odyssey is a Charter School and entitled to impact fees; and the Board, by State law, has the authority to award impact fees.  He made a motion to award Odyssey School $2.5 million.  Commissioner Carlson seconded the motion.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve awarding $2.5 million to Odyssey Charter School.

 

County Attorney Scott Knox advised the Board it is in the middle of a dispute resolution process with the School Board that has not yet been resolved; and his office is under direction to go back and negotiate with School Board staff in order to come up with a different resolution than what was originally suggested.  He noted if the Board were to vote to award anything today, it would be pre-empting the dispute resolution process; if that occurs, the School Board would be taking a position that the Board of County Commissioners is operating in bad faith; and if the School Board were to prevail in the lawsuit that would inevitably come, the Board would end up paying the School Board’s attorney fees and costs.  He stated as far as the settlement goes, he gave his opinion that the Board could award the $1 million from funds the Board has; he was also directed to get an opinion from the Attorney General, and that has not yet been forthcoming. 

 

Commissioner Pritchard stated it is within the Board’s power and authority to award the money; inquired why would the Board get involved with something like this when it is in its scope to award the fee; and why would the School Board Administration be under the opinion that it is going to control the purse strings when State law says it is the County Commission.  Mr. Knox responded State law states the County Commission has the authority to decide how much a

 

Charter School gets in the way of impact fees; but that law was enacted after the Commission entered an into an Agreement with the School Board, which stated the School Board would determine where impact fees go for education.  He stated the School Board’s position is that Agreement remains intact, the School Board has the right to make that decision, and it gets the impact fees to use as it sees fit; and the County’s position is that the law changed and therefore, the law has to be incorporated into the Agreement.  He advised the School Board’s second position is that even if the Agreement is no longer in effect, as far as the way it was structured before, the Odyssey Charter School does not qualify under the existing law or Ordinance; and the County has another view of that.  He advised there is a dispute whether the School qualifies or not; if the School does not qualify, the Board is in no position to give money to the School at all; and if the School does qualify, the Board can give as much as it feels is appropriate. He commented that issue is out there for resolution, and that is what the dispute resolution process is about.

 

Commissioner Pritchard inquired when the dispute might be resolved; with Mr. Knox responding since the County has not been able to schedule a meeting with the School Board because of its inability to meet with the County Commission, it is difficult to say when it will be resolved.  Chair Voltz stated for at least a year, the students have not had a lunch room; and the School Board pays public schools $8,000 per student station.

 

Principal Mark Rashkover stated he was an invited guest to the last meeting between the County Commission and the School Board; he read the School Board’s interpretation of what had been decided upon at that meeting; and there were stipulations he does not recall having been discussed.  He noted there was discussion of $1 million and as growth continued there would be fees due in the future; that did not appear in the Agreement; and there was supposed to be a stipulation for fees for future growth that also did not appear in the Agreement.  He stated Odyssey is an “A” school and has been for six out of seven years; charter schools are open to all students, so they must be doing something right; and this battle has gone on too long.  He stated he would like to still be alive to see a kitchen in the school and the stations it needs; it is time to make that happen, and the Board has the right to make that decision.

 

Commissioner Carlson requested Mr. Rashkover advise the Board of the teacher qualifications and also the hoops a charter school has to jump through; with Mr. Rashkover responding the number of hoops and the paperwork have increased.  He noted No Child Left Behind is a national program and a federal law; Odyssey’s teachers have to be certified just as any other teacher in any other public school in Brevard County; and every teacher at Odyssey is certified.

 

Constance Ortiz stated Odyssey’s teachers carry dual certifications, which are Montessori certification and State certification; and Odyssey’s paperwork in its accountability system is that the school is held accountable just as regular public schools.  She noted Odyssey School received the Governor’s Award because it is measured year-to-year on the progress of student achievement; and the school received that award because the State measures FCAT performance.  She stated Odyssey School’s paperwork has gone up 500% to 600% from the School District.

 

Commissioner Carlson stated her point is that the teachers have to go through the same rigor as any public school teacher does with in-service issues and keeping a certain level of points.  Mr. Rashkover stated the teachers have to be in-field-certified teachers; Odyssey has the highest fifth grade gain scores in math in the County; and in some cases, Odyssey doubled the gain scores in the State; so not only are the teachers certified, they are qualified. 

 

Commissioner Carlson inquired if it would be a negotiation of bad faith because the agreement from the second meeting came back and was not a reflection of what all parties agreed upon;  with Mr. Knox responding no; he understood the offer after the meeting, although there were others who did not have an understanding; it is irrelevant in the overall scheme of things because that is only the conflict assessment phase of the dispute resolution process; and there is also a required joint meeting between the County Commissioners and the School Board if the conflict assessment does not result in any kind of agreement.  He noted should the Board decide to do something today, he would expect tomorrow to see a suit filed against the Board to have that meeting before it does anything else because by law the Board is required to have that meeting before it can move forward.

 

Commissioner Carlson inquired if that is the step the Board has to take in order to get movement from the School Board; with Mr. Knox responding the County is under instruction to go through  the conflict  assessment  phase; if the Board  wants to cancel  the instruction, it needs to tell the School Board there needs to be a joint meeting, as that is the next step in the phase; and if that does not work, the Board has to go to mediation. 

 

Ms. Ortiz stated the opinion letter from the Florida Charter Review Panel states that educational impact fee Interlocal agreements typically allow the County, which is the body that implements and collects the fee, to modify the ordinance in order to comply with law; the Interlocal Agreement and the County never took Odyssey Charter School into consideration because the school was never brought up in the meeting by the School Board.  She stated the County can change the Interlocal Agreement through an Ordinance when State law changes; Mr. Knox stated that is what the Board did and the Board is now vested with the authority to decide where impact fees go; the only question is whether or not Odyssey School qualifies for impact fees under the law; and that is the issue the School Board has raised and is trying to resolve under the dispute resolution process. 

 

Mark Shantzis stated when it was obvious the School Board was not going to assist Odyssey in municipal bond financing, he helped Odyssey arrange private financing and helped oversee construction of the building, the development, and the transactions of the land when the School Board did not provide any of the services it normally provides to all of the other public schools.  He stated not only is Odyssey Charter School paying money to the School Board for the services which it was not given, it is also being fought by the School Board.  He stated he disagrees with Mr. Knox in that whatever happens, it is going to go to mediation; all disagreements like this end up in mediation, which is how they get settled; and to say that $75,000 in legal fees three years from now is why the Board is not going to make a decision is not the proper risk/reward decision because in the mediation and negotiations, all of that is going to go away.  He stated all interest costs, and legal fees are going to go away; and this will not be decided in a court of law, as it will be decided in a room where there will be mediation and negotiation.  He stated if the Board issues an agreement to give a check to Odyssey Charter School for $2.24 million it will be standing with a legal opinion from the County Attorney stating the Board can do it; it will have a letter from the Review Committee, which states the Board can give $6.4 million; and it will have all the data it needs, such as the Tinsdale Oliver Study, which states the 913^th formula the School Board came up with is bogus, whatever the School Board is saying about only money coming from the one area makes no sense, and it is all about student stations that are built.  Mr. Shantzis stated the Board can go ahead and issue $2.4 million; the School Board can say it does not like that and will file a suit; it will go before a judge; and the probable possibility is that the judge will agree to give Odyssey $1 million, and hold up the other $1.2 million.  He stated the $1 million goes to the school, and the other $1.2 million can be distributed according to what the judge decides.  He stated the second possibility is that the judge may say the Commission has sole discretion to give the school the money; and the judge may say if the Commission wants to give the school money, then it can give it money.  He stated the third possibility is how bad the School Board looks for this type of a suit; it has a $715 million building budget; it is $230 million over budget; the School Board has over $1 billion it has a problem with; and it is fighting for $1.24 million from Odyssey School.  He stated he predicts the School Board will walk away and agree with the $2.4 million. 

 

Mr. Knox stated he would like to rebut the legal position that was just presented to the Board, so it knows where it stands.  He noted the $6 million Review Committee report the Board received assumes Odyssey would be qualified under the law; the school gets $6 million if it is qualified; and if a judge determines the school is not qualified, it does not get anything.  He stated the Board underestimates the confidence the School Board has in its position; the School Board feels it has an even better chance to win; the court will never hear about the $1 million offer that has been made, as it is not admissible in evidence; and the legal opinion that was never mentioned was that if the County loses the issue of Odyssey, then Odyssey gets nothing.  He stated the Review Committee report the Board received indicates that if the Board were to award impact fees in the future to other charter schools, it could award as much as $6 million; the School Board would be likely to get nothing after all is said and done because the impact fees may not support that kind of award to individual schools; and there may be some incentive for the School Board to come to the table and work out a deal. 

 

Commissioner Pritchard inquired what would make Odyssey School qualified or unqualified; with Mr. Knox responding Odyssey is a Charter School in which the Charter itself does not say anything about whether it was put into effect for the purposes of mitigating growth; the School Board position is that is has to be specified explicitly in the Charter when it is approved; and that was not done in this case, so the first position of the School Board is that if it is not in the Charter, then it is not qualified.  He stated the process with Odyssey began before the law went into effect; and the School Board is saying the County is applying this retroactively to a school that was already approved for a Charter; and its position is that it does not qualify.  He commented there are some issues that a court is going to have to resolve if the County and the School Board do not resolve them through the dispute resolution process; and that is a mandatory process and not something the Board has a choice over.  He noted if the Board attempts to award the $1 million or $2.5 million, it can expect a suit to make it go through the process  before  that  ever  happens.   He noted the Board does not have an agreement with the

developer; it has been outstanding for several months now; he sent it off for review several months ago; and he got it back today with some comments that it cannot be done under law.

 

Commissioner Scarborough stated he was unaware this issue would be brought up today; and by not being briefed on the issue, he can only make a motion to table the issue at this time so the Board can be fully advised and discuss it in detail. 

 

Motion by Commissioner Scarborough, to table discussion of Odyssey School to a future meeting.

 

 

Commissioner Pritchard stated he will withdraw his earlier motion.

 

Commissioner Carlson stated she agrees with Commissioners Pritchard and Voltz that there have been a series of unfortunate incidents; Odyssey has a quality school and quality teachers; and hopefully things will be sorted out in their benefit.  Chair Voltz stated she thinks the Board needs to move forward; the only way to move forward expeditiously is by some decision on the Board’s part to make the School Board talk to the Commission; and at this point, the courts should decide.

 

Mr. Knox recommended the Board withdraw its direction to him and the County Manager to set up a staff meeting, inform the School Board the County Commission wants to have a joint meeting as required by law, and go forward.  Commissioner Scarborough stated if the motion is removed, there is no need to table it.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to withdraw direction to set up a staff meeting and direct the County Attorney to set up a joint meeting with the School Board.

 

 

Commissioner Pritchard stated he would think the School Board would realize it is children being talked about and not some power struggle.  Chair Voltz inquired if there is a timeframe for the County Commission to meet with the School Board.

 

Mr. Shantzis stated if the Board votes to make an award, it will allow Odyssey to get into the fight and fight for itself, whereas right now, the School is held on the outside; and no matter what happens it will go to mediation.

 

Mr. Knox stated Odyssey was allowed to speak at the meetings that were held, and they were listened to by both sides.

 

Ms. Ortiz stated the law states there has to be an approved Charter application, but the law specifically states it is to the extent that a Charter School facility is specifically created to mitigate population growth; with Mr. Knox responding that language has to be in the Charter.

 

Commissioner Carlson inquired if Odyssey School representatives can be at the meeting between the Board of County Commissioner and the School Board; with Mr. Knox responding the collective body of the Board and the School Board can allow people to speak at the meeting.  Commissioner Pritchard inquired if a time can be set within 30 days; with Chair Voltz responding 30 days is not enough time for the new Commissioners to come up to speed on the issue; and at one time they have all been new Commissioners and understand the workload that is put upon them immediately upon becoming a Commissioner. 

 

Commissioner Pritchard inquired what is the quickest route to get the issue to finalization; with Mr. Knox responding the Board has to get through dispute resolution, so it needs to have a joint meeting; if that does not resolve the issue, it has to go to mediation; but the Board has to go through the process. Commissioner Pritchard inquired if the Board were to move to award the $2.5 million, would that speed up the mediation; with Mr. Knox responding the Board still has to have the meeting; the Board can take a position that is what it would like to award; and what gives the School Board motivation is the fact that the Board ultimately controls where impact fees go to Charter schools.  Commissioner Pritchard inquired if the meeting with the Commission and the School Board is the right way to go; with Mr. Knox stating it is the only way to go because the law requires it.  Commissioner Pritchard stated he would like to have the meeting in 30 days, as both Commissioners-Elect can read the material and come up to speed quickly; and 30 days would be December 14^th or 15^th.  Commissioner Carlson stated she will include that in her motion.  

 

Commissioner Carlson clarified her motion is Mr. Knox’s recommendation to request the meeting of the Boards, and then to put a 30-day time frame on it. 

Chair Voltz inquired if it would be beneficial to include in the motion that the Board is requesting the $2.5 million, so it will have somewhere to negotiate from; with Mr. Knox responding the Board can do that.

 

Chair Voltz called for a vote on the motion to request a meeting with the School Board within a 30-day timeframe and advise of intent to award $2.5 million to Odyssey Charter School.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Pritchard commented on projects he completed throughout his term of office, such as roads, multi-family housing, stormwater projects, and public access to public waterways.  He also commented on his work with the fireworks Ordinance, a slogan and signage for Merritt Island, the Thousand Islands, The Florida Community Trust, North Merritt Island Heritage Trail, portability of homestead exemption, and Mitchell Ellington Park.  He further commented on his travels to Washington D.C., the fact that he voted against the County Budget, and that he kept all of the promises he made.  He thanked County Staff for guidance, information, and support; and his wife, Donna, for supporting him throughout his term of office.

 

 

 

Chair Voltz recognized from the audience, Commissioner-Elect Mary Bolin; and Angela Ortega, who has been working in her office two days a week as an intern.

 

 

 

Commissioner Carlson read aloud a Resolution commending Military Officers Association of America.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution commending Military Officers Association of America.  Motion carried and ordered unanimously.

 

 

Bill Keane, President of the Cape Canaveral Chapter introduced General Hall, who is the Chairman of the Board of the Scholarship Corporation; and stated John Veason is the photographer and a Past President.

 

 

*Commissioner Scarborough’s absence was noted at this time.

 

 

Commissioner Carlson read aloud a resolution dedicating the A1A Sea Side Sidewalk in South Patrick Shores in memory of Fred Union.  

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution honoring Fred Union.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to Mary Union.

 

*Commissioner Scarborough’s presence and Commissioner Pritchard’s absence were noted at this time.

 

 

Commissioner Carlson advised she serves as Chairperson for the St. Johns River Alliance; prior to the new Commissioners’ first meeting on December 12, 2006 the Alliance will be holding its annual organizational meeting and she would like to ask the Commission to extend her appointment on the Alliance through December. 

 

Motion by Commissioner Scarborough, seconded by Chair Voltz, to extend Commissioner Carlson’s appointment to the St. Johns River Alliance through December, 2006.  Motion carried and ordered unanimously.

 

 

*Commissioner Pritchard’s presence was noted at this time.

 

 

 

Commissioner Carlson invited the representatives of the Space Coast Arts Festival to advise the Board on their group and what it does to bring more tourism to Brevard County.

 

Holly Myers stated the Space Coast Arts Festival is in its 43^rd year; and they are in Downtown Cocoa Beach every Thanksgiving weekend.  She commented on the various artists who will be at the festival this year.  She thanked the Board for its support through the Brevard Cultural Grants Committee.  She noted this year they are able to track the out of town guests and they should have fabulous statistics for the Board next year. 

 

 

Commissioner Carlson noted her son is in Boy Scout Troop 300; they are having a Christmas Tree Lot sale at the new location next to the Emmanual Methodist Church on Eau Gallie Boulevard at the corner of Eau Gallie and Wickham.  She advised the troop will begin selling items on November 24, 2006 and the hours are from 9:00 a.m. to 10:00 p.m.  She invited the public to help out the Scouts.

 

 

 

Commissioner Carlson thanked the Board for working with her on various types of issues she has brought before it; thanked her staff for being loyal to her; and requested her staff to come forward.  She awarded plaques to her staff and expressed her thanks to them for all of their hard work for the eight years she has been in office.  She recognized each staff member on their specific duties and personal attributes. 

 

Commissioner Colon phoned into the meeting to offer best wishes and good luck to Commissioners Pritchard and Carlson; stated she has enjoyed her time on the Board with them; and stated she is sorry she could not be there today, as she is sick.

 

 

The Board recessed at 11:00 a.m., and reconvened at 11:11 a.m.

 

 

 

Commissioner Carlson presented a video on Sustainable Sarasota.

 

Commissioner Carlson stated it would be great if the Commission wanted to schedule a workshop to learn more about Sustainability, such as buying green, the ecological footprint, eco-tourism, education, energy, food systems, land management partners, and sustainable living.  She noted it is not an anti-growth scenario, as it is about trying to integrate the economy, the environment, and the social equity.  She stated from a long term global perspective, this is the way Brevard County ought to be going.

 

 

 

Kim Brown stated she would like to explain what Coastal Mechanical Services does, and the reason tax abatement is important to them.  She noted they have been in the community for many years and have proven their successful growth; they are trying to expand their fabrication operations by adding 12,000 square feet adjacent to their property on East Drive; by doing that, they would be able to increase production capacity by 20%; and they have 40 employees and the average wage is greater than $40,000.  She advised Coastal Mechanical Services builds and ships to locations all over the State of Florida; they have given consideration to if they are in the right place, and if they are not in the right place, there are over 194 jobs that will be lost.  She stated the tax abatement the Board awarded is appreciated; and the company has lived up to its commitment to the County. 

 

 

 

Lee Roy Wright stated he would like to thank Commissioner Carlson for her very dedicated work on the St. Johns River; when Commissioner Carlson came onto the St. Johns River Board it did not take long for her to shine among the group; and she was nominated unanimously by the Board to be the Chair.  He stated he appreciates her work, leadership, and vision; Commissioner Carlson has envisioned the entire river and, with the Board, developed a workshop,  which  culminated  in  the  release  of  a  document  that  set  up $4.6 billion worth of projects on the St. Johns River that need to be done, including stormwater improvement to major dredging operations on some of the lakes.  Mr. Wright commented the Board is hopeful that she will be able to remain on the Board for the next year.  He commented on Commissioner Carlson’s accomplishments on the St. Johns River Board.

 

Barbara Meyer commented on working with Commissioner Carlson on the St. Johns River Alliance, specifically with the trails and many other duties.  She and Mr. Wright presented Commissioner Carlson with a plaque in appreciation of her dedication to the St. Johns River Alliance. 

 

Chris Disciascio, Secretary Treasurer of the Brevard County Professional Fire Fighters’ Union, stated his group is here today to show appreciation to Commissioners Carlson and Pritchard for their service and dedication.  He presented Commissioners Pritchard and Carlson with plaques and helmets; and wished them much success in future endeavors. 

 

George Reynolds thanked Commissioner Pritchard for his leadership, his contributions to the County, his foresight, and his businesslike approach for a bottom line figure to get things done.  He thanked all of the Commissioners for the work they do.

 

Jim Stone thanked Commissioner Pritchard for his work as a Brevard County Commissioner; and expressed best wishes and good luck.  He presented the Board with gifts. 

 

Bud Crisafulli expressed thanks to the Board for all it has done for the Farm Bureau; and presented the Board with gifts. 

 

John Campbell commented on his friendship with Commissioner Pritchard and wished him well in the future.

 

Rocky Randels shared some stories about Commissioner Pritchard; commented on the new signs in Merritt Island; thanked Commissioner Pritchard for his support on the Thousand Islands purchase; and commented on Commissioner Pritchard speaking to FEMA regarding $11 million owed to Brevard County.  He thanked Commissioner Pritchard on behalf of the City of Cape Canaveral for regulating the use of fireworks; and expressed best wishes and good luck in the future to Commissioner Pritchard.

 

Steven Webster commented on what was said earlier about the St. Johns River Alliance and Commissioner Carlson.  He stated Commissioner Carlson deserves credit from the community for getting dredging to lakes within the County; and thanked her for her hard work.  He commented on Commissioner Pritchard’s work on a bike path over the S.R. 528 bridge; and noted Commissioner Pritchard spoke with the Chamber of Commerce about Brevard’s waterways, which is important to everyone.  He stated he, Commissioner Pritchard, and Chair Voltz are working on a Maritime Master Plan for Brevard County; he counts Commissioner Pritchard as a close friend; and it is an honor to know him. 

Barbara Bradley Benn stated she is the President of Merritt Island Executive Council; and thanked Commissioner Pritchard for making some historic changes on Merritt Island; initiating the efforts of Merritt Island News and Views which appears in the Community section of FLORIDA TODAY, by deciding to hold a contest involving the residents to participate in the selection of the slogan and logo for Merritt Island, and assisting, with his staff in raising money for numerous projects on Merritt Island that were desirous to the residents.  She wished Commissioner Pritchard all the best in the future. 

 

 

 

Commissioner Voltz noted the Board already approved Item VII.A. at the October 31, 2006 Board of County Commissioners meeting; and now the Board is being requested to re-open the item, which it will do after the Executive Session

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to re-hear Item VII.A.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz read a letter to Commissioner Pritchard from Ralph Perrone, stating as a member of the Merritt Island Redevelopment Agency, it has been a great pleasure to work with Commissioner Pritchard; and thanking Commissioner Pritchard for all of his hard work in District 2, including helping to beautify Merritt Island, working with Keep Brevard Beautiful on the Pepper Buster Project, and working to have more access for boaters on the waterways. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November as Adoption Month.  Motion carried and ordered unanimously.  

 

 

The meeting recessed at 12:09 p.m. and reconvened at 1:36 p.m.

 

 

Commissioner Pritchard read aloud a letter from Gail Vanderweil regarding Yolanda Apadaca, as follows: “I came to the Building Department in October and was most fortunate that Ms. Yolanda Apadaca was the person to help me.  I hope you and the Brevard County Building Department realize what an asset she is.  She was most kind and helpful and made me feel comfortable with the process.  She was also very efficient, being able to help a couple of other people while helping me, and yet she did not make me feel like she was taking any time away from me.  She was so kind as to give me her business card should I have any questions later on how the permit application process was going.  It was obvious she enjoyed helping people and was comfortable in her position, and she was definitely very good at what she is doing.”

 

Commissioner Pritchard congratulated Yolanda Apadaca.

 

 

 

Commissioner Pritchard read a letter to Loren Rapport on behalf of the members of the North Brevard Beautification Commission, thanking her for taking time out of her schedule to explain the landscape plans for the Chain of Lakes Project.  He noted the letter was also addressed to Michael Barnes and Mike Hadwin; and congratulated them on doing a wonderful job.

 

 

 

Commissioner Voltz called for the public hearing to consider Appeal of Administrative Determination for Dr. Brian Ziegler and Cynthia Halcin.

 

Cliff Repperger stated he is an attorney for Gray Robinson and the Board may recall that it directed staff to evaluate the criteria by which an appeal or a variance under 62-3668 could be granted; and staff has worked diligently to have some criteria and standards to present to the Board today.  He noted the applicant has reviewed the criteria and is in favor of the criteria; however, based on the fact they believe this is a matter of great importance to the County, and the fact that Commissioner Colon was concerned about having the standards in place, he believes it may be appropriate at this time to table the matter so that the Board can have a full consideration of the criteria as it may impact future development in the County.

 

Commissioner Pritchard stated he would prefer moving forward, but he respects the wishes of Mr. Repperger’s client and Commissioner Colon; and he will move to table the item.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing to consider appeal of administrative determination for Dr. Brian Ziegler and Cynthia Halcin to the December 12, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson read aloud the resolution proclaiming November 15, 2006 as America Recycles Day in Brevard County.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming November 15, 2006 as America Recycles Day in Brevard County.  Motion carried and ordered unanimously.  

Solid Waste Recycling Coordinator Pam Shoemaker accepted the Resolution and stated she appreciates the Board’s efforts on behalf of the environment.  She invited everyone to register to win a cruise to Alaska with a pledge to recycle.

 

 

County Manager Peggy Busacca advised Connie Adkins has been working for the County for 25 years and Joe Manahan has also been working for the County for 25 years.

 

County Manager Peggy Busacca noted the other staff could not stay, and their presentations will be rescheduled in the future.

 

Ms. Busacca read aloud the presentations for Ms. Adkins and Mr. Manahan, and awarded plaques.

 

 

 

County Manager Peggy Busacca noted during the break she presented certificates to the Citizens Academy Graduates, and there were 20 graduates out of the two Citizens Academies this time.  She read the names of the graduating students from the Fall 2006 Citizens Academy.

 

Commissioner Carlson inquired if the graduates are of all age groups, or if they are more predominately retirees; with Ms. Busacca responding usually the students who come during the days are retirees and the students who come at night are of a wider age group; and in this instance there were a lot of students who came in the morning and were part of the business community.  Commissioner Carlson stated it is helpful to know who went through the Academy when it looks for appointments.  Chair Voltz stated she spoke to Leadership Brevard at one of the last classes and met a gentleman who was impressed with all that he had been through already.  Ms. Busacca stated persons interested in the Citizens Academy can contact the County Manager’s Office for more information; the Academy is an eight to ten-week program that meets during the morning or evening for three hours; and on one Saturday the Academy takes a tour of the jail, water treatment plant, and landfill. 

 

 

 

Commissioner Pritchard read aloud the resolution proclaiming November 17 – 23, 2006 as National Farm-City Week. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming November 17 – 23, 2006 as National Farm City Week.  Motion carried and ordered unanimously. 

 

 

Tom Schuller thanked the Commission for working with the agricultural community; and stated the agricultural community looks forward to working with the new Commission.  He stated the agricultural community plays a huge part in sustainability, and wants to continue to play a big part in sustainability by keeping the green footprint.  He stated the agricultural community has been doing that for years because it is a lifestyle and they enjoy it, all the while producing food and fiber and feeding the world.

 

 

Gina Lauf, representing Central Florida Mortuary Transport, stated she was notified that the extension expired for the Contract for Removal and Transportation of Bodies; there are several transportation companies in the County that remove bodies; and she has been notified by each company that the five-year contract was expiring.  She stated she was informed that the Contract was given to a company that does business outside of Brevard County; the County funds and Contract should be given to the business and residents of Brevard County; since the Contract was entered into in 2005, a new body removal system has opened; and she believes the Contract should be put open for bid.  She advised she is aware of two different companies that can provide the service, are very professional, and can provide the County with a much better service than what is being provided right now; and requested the Board not extend the existing Contract and put it open for bids to give the other individuals a chance to provide the service to the County from within the County.

 

Bobby Thomas stated he is from Casket Gallery of Florida and d/b/a B&B Enterprise; for the past 18-months, he has provided a service in Brevard County; and all of his employees are based in Brevard County.  He advised his company has experienced numerous harassments from within the County itself, such as his employees being video taped.  He commented on being on television a year ago stating he hired criminals from the company that previously provided the service to Brevard County.  He stated he has provided this service for Brevard County, Volusia County, and  Seminole  County  for  the last five years; his staff is very professional; and his company is in constant communication with the Medical Examiner’s Office and have a good working relationship.  He advised he has had the opportunity to sit down with the Medical Examiner’s office and discuss any minimal incidents with the Medical Examiner’s Office; and normally within a 24-hour period those problems, if any, have been rectified.  He noted one of the competing companies for the past 18 months has had a vendetta against him for whatever reason; the only thing he has tried to do for the past 18 months is provide the best service possible with the resources he has; and he can assure the Board he will do everything humanly possible to make sure that he abides by the contract and do what has to be done.  He commented on having paperwork stolen from the Medical Examiner’s office by one of the other transport services in an attempt to get him in trouble.  Mr. Thomas stated his company has the references to say it is very professional, experienced, and has the equipment, and the company has done everything the County Commission has asked it to do.  He inquired what he should do as a company to stop being constantly harassed.  He commented on having experience, enjoying what he does, treating the bodies with dignity and respect, and doing everything humanly possible for the families. 

 

Chair Voltz inquired if Mr. Thomas heard the Board’s earlier motion to request he have the proper equipment for removal and transportation of bodies; with Mr. Thomas responding affirmatively.   Mr. Thomas stated his company has been in business for six years and has never had a problem; his company has transported approximately 9,000 or 10,000 human remains; he is the owner of the company, and anyone in the Medical Examiner’s Office can attest he is not an absentee owner; and he actually works inside the County with his employees. 

 

Commissioner Carlson inquired if there are any complaints from the Medical Examiner on the current Contract; with County Manager Peggy Busacca responding she would defer to Criminal Justice Services Director Shaunna Heffernan.

 

Criminal Justice Services Director Shaunna Heffernan stated the Medical Examiner’s Office has been very happy with the service B&B has provided; some concerns were brought forth by the previous company that provided this service; and she looked into those concerns and found B&B is being compliant.  Commissioner Carlson stated in the Agenda Report it mentions giving authorization to the Chair; and inquired if that meant the Chair of the County Commission.  She stated she is not used to giving unilateral consideration to the Chair on an extension of a contract; and inquired if that is something the Board normally does; with Ms. Busacca responding it is done frequently if staff is going to recommend it, it is a multi-year contract, and it is a contract in which if everything is going smoothly. 

 

Ms. Lauf stated she is not here to step on Mr. Thomas or say he has a bad company; and neither she nor her client has taped Mr. Thomas or harassed him.  She stated she wanted the contract open for bids to give other companies that can provide the same service, have their business place in the County, and do not provide services to other counties a chance to bid on the Contract.  Chair Voltz stated the Contract  states  there  are  four,  one-year  renewals  after  the  first  year; if the Board is having problems with a company, it will go out for bids; and if it does not have problems, then it renews the Contract. 

 

Chair Voltz requested staff repeat the name of the equipment for the record; with Ms. Heffernan responding it is a Reeves Stretcher with Body Cover.

 

Commissioner Pritchard inquired if there is a specified length of time the company has to obtain the piece of equipment; with Ms. Heffernan stating the Contract would have to be rewritten, with the County Attorney’s help, and would probably give 30 or 60 days; with Attorney Knox responding it would be 30 days.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a one-year extension of Agreement with B&B Enterprises for removal and transport of bodies for the Medical Examiner’s Office, retroactive to October 11, 2006 with the requirement the company must obtain a Reeves Stretcher with Body Cover within 30 days; amend the title of the Agreement; and authorize the Chair to approve future one-year renewals and execute any changes or amendment to the budget or Agreement, subject to approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Maureen Rupe stated the environmental community was under a misconception and thought the Commissioners last meeting was November 21, 2006; and she had a presentation and a tribute to Commissioner Carlson to thank her for all her hard support.  Commissioner Carlson stated she can be present on November 21, 2006 if needed.

 

Chair Voltz read aloud the resolution proclaiming November as National Family Caregivers Month. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming November as National Family Caregivers Month.  Motion carried and ordered unanimously. 

 

 

Cindy Flackmeyer stated she would like to thank the County Commission for its support; the Board’s financial support makes sure the Community Services Council, the Alzheimer’s Foundation, and many other programs can give respite time.  She stated there are dollars available in the community; and encouraged anyone who is a 24-hour caregiver to call the Community Services Council or the Senior Helpline, as there is help for caregivers and they do not have to bear that responsibility by themselves 24 hours a day.  She advised a new program has begun in which caregivers can drop off their loved ones at the Sunflower House for up to four hours, so they can run errands and have a little time off. 

 

 

Chair Voltz called for the public hearing to consider the Ordinance for Proportionate Fair-Share Program for Transportation. 

 

Commissioner Carlson stated her concern was that number two in the handout is the opposite of what Senate Bill 360 intended in that it opens up everything the Board has been trying to work towards in terms of fair-share concurrency; and she would like to see if the Board could take out number two, which would close all of the loopholes that it would give to the development community to be able to go on their merry way and not have to pay for growth.  She asked County Attorney Scott Knox to explain what he has done.  Attorney Knox responded Senate Bill 360 provides the loophole, and it cannot be removed because it is part of the loopholes provided for in the law.  Commissioner Carlson inquired if it is an interpretation of the loophole; with Attorney Knox responding it is in the law.  Commissioner Carlson stated if there is going to be a loophole, the Board should be able to set the criteria for that loophole.

 

Planner Steve Swanke stated the specific subsection the Board is discussing contemplates what would happen if there was not a capital improvement project within the Capital Improvements Element (CIE); in situations where there is not a capital improvements project to provide the necessary capacity in the Capital Improvements Element of the Comprehensive Plan, the Board has the authority to accept a proportionate fair-share contribution from a developer and adopt by resolution a commitment to add that to the Capital Improvements Element at the next update; and it is based on the Board finding additional funds for that project, if there are any that are necessary will become available within the next ten years, which is the problem.  He stated it is hard to look ten years into the future and see exactly where the funds are coming from; this is discretionary for the Board and not mandatory; in the opposite situation where there is a fully funded project within the CIE and the developer requests to make a proportionate fair-share contribution, the Board has some discretion in determining what amount his contribution would be; but ultimately the Board is required to accept his contribution and allow him to proceed with his development.  He stated in section two, the Board has discretion about whether it accepts it or not and in the future if the Board is presented with this situation and is uncomfortable with the availability of funds for the balance of the project, he does not believe they are obligated under this ordinance or Florida Statute to accept that project. 

 

Commissioner Carlson stated even though the Board has to put it in the ordinance it does not mean that the Commission at a future date cannot define exactly what the requirements are; her concern is about the Senate Bill, which stated the Board has to have projects in the CIE, but there is not anything in the CIE because there have not been any funds to fund it; and the Capital Improvements Program is a five-year program, which also has to be attached to the budget, so there are all those levels of accountability to make it truly cost feasible.  She stated in the future as the Board looks at projects that have fair-share potential, it needs to look at the viability and feasibility of some of the projects, as the Board is allowing them to pay a fair-share; if the  Board does not  have the money to  pay for it, it should not allow the project to go forward unless there is a clear sense that there will be transportation dollars in the budget.

 

Commissioner Scarborough inquired if the net effect is accomplishing the purposes the Commissioners expressed to Mr. Swanke during individual briefings; with Mr. Swanke responding it was discussed that there is no current list of improvements within the Capital Improvements Element, and deleting the sub-section might strengthen the Board’s ability; and Attorney Knox has determined the Statutory requirement is that it must remain.  Commissioner Scarborough inquired if the Board has the same net result; with Mr. Swanke responding the change   in  language  essentially  makes   it  pretty   much  a  verbatim  recitation  of  the  State

requirement; it is still discretionary at the Board level but it is not as strong as if staff was able to delete the entire sub-section.

 

Chair Voltz inquired if the Board wants to move forward or change the language.  Commissioner Carlson stated the choice is in future Commission actions to make sure everybody is treated the same; and if the Board can close any loopholes based on what the Senate Bill represented, then it is under the discretion of the County Commission.  Attorney Knox stated this gives the Board flexibility in the event it come up against a situation in which it thinks it should apply something when it knows a source of funds is coming at a later date; what the section allows the Board to do is take advantage of a provision in the Statute that states if the Board comes across that situation in the future, it is not going to impose the sanction of denying the Board’s CIE amendment; and if the Board comes across that situation, it has the flexibility to say yes, as long as it can show those things.

 

Commissioner Carlson noted in District 4, there has been a lot of collaboration on road projects and the status of those projects; and inquired what the status of that will be once the Board passes the ordinance.  Attorney Knox stated if the Board wants to create a provisional that existing projects in the pipeline right now fall outside the ordinance, it can do that.  Commissioner Carlson stated if the Board deleted section two then it could make that provision, but she is not sure it needs to at this point because it has included this; what needs to be commented on as part of the motion is that any project where there is a true collaboration and a means of support for the infrastructure, should allow them to move forward in negotiations and have a clean look at what the language is going to provide and try to make sure that the Board keeps it consistent and not do any precedent setting based on what it knows today. 

 

Attorney Knox inquired if the Board would like his office to include an exemption for projects that have existing negotiated agreements.  Mr. Swanke directed the Board to the last page of the agreement because staff has added language that specifically addresses agreements that are in the process. 

 

Motion by Commissioner Scarborough, to adopt an ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Article IV “Concurrency Management”; establishing a methodology for assessing proportionate fair-share mitigation options; creating sections 62-607 through 62-618; providing for short title, authority, and applicability; purpose and intent; findings; definitions; general requirements; intergovernmental coordination; application process; determination of proportionate fair-share mitigation; proportionate fair-share agreements; appropriation of proportionate fair-share revenues; cross jurisdictional impacts; providing for legal status; providing for severability; providing for area encompassed; providing for conflicting provisions; and providing and effective date.

 

County Manager Peggy Busacca stated the Board wants to clarify that paragraph A is at the Board’s discretion if it wants to adopt the resolution or the ordinance; and inquired if staff should add language  that  makes  it clear that this is within the Board’s discretion and it is not required; with Attorney Knox responding at the beginning of subsection two it states, “the Board of County Commissioners may…..”  Commissioner Scarborough suggested adding, “at its discretion.” 

 

Chair Voltz stated the ordinance states, “to qualify for consideration under this section the proposed improvement must be reviewed by the Board of County Commissioners or City Council, the local government and to determine to be in compliance with Florida Statute 163.31 AD, Subsection 16.B.(1) of Florida Statutes.” She inquired if that is what Commissioner Scarborough is requesting to be changed; with Commissioner Scarborough responding he was trying to follow Attorney Knox’s advice, and he was referring to the paragraph after Roman number II, “The Board of County Commission may choose….” Chair Voltz stated she is referring to the one he has highlighted.  Commissioner Scarborough stated he wants to include all of the changes that staff gave and are highlighted, and also on the last page to add “at its discretion,” and that would be his motion.

 

Chair Voltz stated the changes underlined and the ones that are crossed out are the changes the Board is including. 

 

Commissioner Carlson seconded the motion, as amended.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider a resolution exempting certain water and sewer service connections fees.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to recess as the Board and convene as the Governing Body of the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously.  

 

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution amending the Schedule of Rates, Fees, and Charges for Water and Sewer Service to provide an exemption from connection fees for certain existing mobile homes or manufactured home residences connecting the water and sewer system; and authorize a refund, with interest, of those connection fees already paid by Snug Harbor residents.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adjourn as the Governing Body of the Barefoot Bay Water and Sewer District and reconvene as the Governing Body of the Brevard County Mosquito Control District.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Stipulated Final Judgment as to attorneys’ fees and costs of $310,000 in the case of Blasky vs. Brevard County Mosquito Control District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adjourn as the Governing Body of the Brevard County Mosquito Control District and reconvene as the Board of County Commissioners.  Motion carried and ordered unanimously.

 

 

 

Fire Chief Bill Farmer stated the document before the Board represents a negotiated contract presented to the Board jointly by the union and the management negotiation teams.  He advised by “negotiation” he means the Contract represents both parties giving and taking without going through some of the extended conflict resolutions and mediations the Board has seen occur in other public and private sectors.  He advised the Board of some of the significant issues addressed by the agreement, including better health screening, a workplace safety article, mid-level management training, and a pay increase.  He noted the fiscal impact of the agreement for the Fiscal Year 06-07 is an additional $292,000; the second year fiscal impact is $141,000; and the third year fiscal impact is an additional $113,000.

 

Chair Voltz inquired if that is coming from Chief Farmer’s budget; with Chief Farmer responding affirmatively, advising he has the funds to support the contract. 

 

Commissioner Pritchard stated he is not happy with the line that states, “an increase to the existing Step Plan, which will still not meet the minimum salary recommendations provided under the 2005 County approved pay study at the end of the three-year contract.”  Chief Farmer stated that is his interpretation and not a strict read of the Cody Associates minimums and maximums; and the reason he placed that in there is twofold.  He advised the minimum and maximums provided by Cody and Associates were an average of looking at all the departments; when he spoke with Nick Pelligrino, who helped lead Cody and Associates, it was decided some of the agencies included paramedic incentives and some did not; and if the Board looks at the Department’s pay plan and factors in the paramedic incentive and holiday pay, then the crews meet the minimums of Cody; but not until 2008/2009.  He stated when those three things are taken into consideration, he believes the Board needs to be made aware that the union graciously came to the table and accepted what it could do.  He stated it is still a large increase, but to do something that was comparable to the Cody minimums and take into consideration the fact that the numbers were from 2005, the numbers would have been an additional 10% to 12%; and management did not feel comfortable coming to the Board for an increase after what it had been through with the assessment.

 

Commissioner Pritchard stated the only problem he has is that the Cody Study was initiated by the Fire Department because of the training ground aspect that Brevard had become; the Board was concerned about spending its money bringing in employees and then they were leaving; the Board was also faced with excessive overtime costs because of staffing reduction; and that was tied to the compensation package that was offered to new employees in the Fire Department.  He stated it seems the others in the County, that fell into the category of compensation were not comparable to other jurisdictions, have done well; they have gotten what the Board was able to provide at the time and then there has been another increase on top to that; whereas, the Fire Department has not done as well; and it upsets him in that regard.  Commissioner Pritchard advised the Cody Study was initiated by the Fire Department, but it has not been given what it is justly due; and he hopes the Board can bring the Fire Department to the level to which it is entitled.

 

Chief Farmer stated in the Field Contract, the Department is currently having negotiations; Human Resources Director Frank Abbate is leading those; and he is strongly working based on statements the Board has made on Cody and Associates and trying to come up with a new pay plan.  He stated there has been some consensus on how to improve the Step Plan so that it addresses outer years; and he is comfortable addressing where personnel is being lost and where some people may be trapped because years of tenure will be addressed in the next Field Contract.

 

Commissioner Pritchard stated that can be coupled with the issue of mandatory overtime and the cost of overtime as compared to the cost of additional personnel; and keeping employees happy and compensated appropriately is the job of the Board.  Chief Farmer stated he believes the Department has come to some philosophical changes in how to structure.  Chair  Voltz stated the Fire Department knows the Board has always supported it; and without the Fire Department on the streets for Brevard County residents, they would all be in trouble. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Supervisors’ Agreement with International Association of Fire Fighters, IAFF Local 2969, as presented.  Motion carried and ordered unanimously. 

 

 

Parks and Recreation Interim Director Don Lusk stated he would like to thank the Board and the citizens for being patient as Parks and Recreation has come up with different scenarios to fix the parks; and the Parks and Recreation staff will do everything it can to make sure it happens on time and gets completed.  He advised since last year, staff has been doing an ongoing analysis about how to do it better and faster; with the suggestion of several Commissioners, staff has moved quickly; and if this item is approved today, they should have the bond dollars by late January or early February.  He stated today’s Agenda includes just the initial steps of getting the financial advisers, bond counsel, and disclosure counsel to move forward on the resolutions and the various bond documents needed for the three separate financings that will be done.   He  advised  the  agenda will be to maximize the dollars based on the current taxable values and the revenues that will be available; and this decision was based on the cost of going out a second time.  He noted he cannot know what will happen tomorrow with the price of concrete and he is not trying to cast doubt on if it will get done, but he wants to make sure it is being done as cheaply as possible, and that would be going out for dollar amounts that are on the Agenda for each of the areas.

 

Commissioner Pritchard stated he met with Mr. Lusk several months ago regarding Mitchell Ellington Park; $13.4 million should be enough of a buffer that there should not be a worry about concrete or other costs; and he is hoping if there is a surplus it can be put into the dog park and pavilion. 

 

Chair Voltz stated she would be against spending any more money on any new projects other than what the people voted on;  that is why this  is going out for election all over again, because

there have been things added, increases in costs; and at this point the Board needs to make sure once all the projects are done, if there is money leftover, the Board pays the bonds back and does not spend it.  She noted the Board has been involved in Parks and Recreations for far too long; it has caused too much controversy; and for the Board to be adding projects at the last minute is way out of line.

 

Commissioner Carlson stated she agrees with Chair Voltz; if there is not a set process and plan in place, there is no way to retain any level of accountability and the Board has lost a little accountability because it has taken so long; but the hurricanes and increase in costs had a lot to do with that.  She stated she is supportive of the second chance, but she would like to make sure there is a plan with the projects that exist and getting those projects done; stated District 4 had to move money around to make sure the Viera Regional Park was completed; and now that the Board has the dollars, she would expect the other projects to get an appropriate share.  She mentioned several projects that also need to be completed.

 

Chair Voltz stated she brought this up to go to election again because the parks were not being completed; there was no money available; the Board was looking to spend money in addition to what the people voted on; if the people want to spend the money then the Board should finish the parks; but the Board needs to ask the people if they approve of doing this.  She stated the Board needs to do the projects it originally set out to do, no more, no less; and it needs to either repay the bonds or go back out for a vote.

 

Commissioner Scarborough stated the first referendum was in Port St. John with $5 million; the citizens suggested buying Fay Lake Park; but the County could not do that with that money unless the people voted again.  He stated this is the same thing only in reverse; people voted on three things, projects, millage, and bonding amount; and ironically the one thing that caught the Board was the bonding amount.  He stated in District 1, they were separated by new projects and old projects; it did not pass, but the old projects have the same millage rates, and the same projects, they just said to bond more. 

 

Chair Voltz stated Commissioner Scarborough is correct in that the Board has not raised millages, although the property assessments are going to go up, but that is going to happen anyway; and the Board has to be responsible to the voters to get the projects done.  Commissioner Scarborough stated the total property value that goes up results in what is called rollback, and rollback means the net to the County from existing properties remains the same.  Commissioner Scarborough explained millages, taxes and rollback.  He stated to say across-the-board the County has benefited from all assessments is fundamentally not true; and the math is complicated, but there are some fundamental issues some people like to overlook.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Financial Advisor, Bond Counsel, and Disclosure Counsel to prepare the Bond Authorization Resolutions, POS’s, and related bond documents for three separate financings approved by the voters on November 7, 2006 as follows: (1) not to exceed $12 million North Brevard Recreation Special District Bonds; (2) not to exceed $13,410,000 Merritt Island Recreation Municipal Services Taxing Unit Bonds; and (3) not to exceed $60,270,000 South Brevard Recreation Special District Bonds, with debt service limited to the amount generated by the maximum millage levy previously authorized for each entity in 2000.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson stated the Governor appointed her to the East Central Florida Regional Planning Council for four years as a citizen advocate; she has also represented the Board as a Regional Planning Council member with Commissioner Colon; and she does not think Commissioner Colon is going to make tomorrow’s meeting given that she is sick today.  She noted she has to sit as the Governor’s appointee and not as a Commissioner; she wants to make sure that if anybody wants to go, she will still be there with the Commission’s best interest in mind; and she is not going to be doing anything she would not normally do as a citizen advocate.  Chair Voltz inquired if the Viera DRI would be discussed at the meeting; with Commissioner Carlson responding no.

 

 

 

Chair Voltz presented plaques to Commissioners Carlson and Pritchard, and read each of them aloud.   Chair Voltz stated she has served on the Commission with Commissioner Carlson for four years and with Commissioner Pritchard for two years, and it has been quite a pleasure.  Commissioner Carlson stated Commissioner-Elect Mary Bolin will be part of the Florida Association of Counties.

 

Commissioner Carlson stated she would like to say thanks to County Manager Peggy Busacca, County Attorney Scott Knox, and all the staff that comes to her office on a briefing schedule; she has had a lot of fun; it has been a great eight years; and she has learned a lot about her community and the folks that work in the County and also about herself.

 

Commissioner Pritchard stated being on the Commission gave him many opportunities to get involved in a variety of disciplines; he had a great opportunity to meet a lot of great people; and the Board has some great staff. 

 

Upon motion and vote the meeting adjourned at 2:57 p.m. 

 

 

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    HELEN VOLTZ, CHAIR

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

 

_____________________

SCOTT ELLIS, CLERK

        (SEAL)