MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 14, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 14, 2008 at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Mary Bolin, Chuck Nelson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.  Commissioner Helen Voltz was absent.

 

 

The Invocation was given by Reverend Douglas King, St. Paul’s Anglican Church, Suntree, Florida.

 

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the May 22, 2008 Special, August 5, 2008 Regular, and September 10, 2008 and September 11, 2008 Special Minutes.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough stated his Office has worked with many people over the last 20 years; and on behalf of himself and the other two Commissioners leaving office, he would like to recognize all County employees.  He stated it is almost impossible to say thank you to so many wonderful people; and all County employees will be receiving a certificate of appreciation. 

 

 

 

Commissioner Colon read aloud a resolution recognizing and honoring Dr. Thomas McIntyre.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing and honoring Dr. Thomas McIntyre for his outstanding service to Brevard Public Schools and all of Brevard County.  Motion carried and ordered unanimously.

 

 

Brevard County School Board Superintendent Dr. DiPatri stated Dr. McIntyre was a great child advocate and he will be missed.  He advised there will be a tree planting dedication to Dr. McIntyre on October 19, 2008.

 

 

 

Commissioner Colon read aloud a resolution proclaiming October as Domestic Violence Awareness Month in Brevard County. 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution proclaiming October as Domestic Violence Awareness Month in Brevard County.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Colon read aloud a resolution proclaiming October as Silent Witness Month.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution proclaiming October as Silent Witness Month in Brevard County.  Motion carried and ordered unanimously. 

 

 

A representative from the Commission on the Status of Women expressed appreciation to the Board for its support.

 

 

Commissioner Bolin read aloud a resolution proclaiming National Disabilities Employment Awareness Month.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution proclaiming October as National Disabilities Employment Awareness Month, and extending its commendation to all Brevard County citizens with disabilities for their dedication and successful advocacy for the disabled community.  Motion carried and ordered unanimously.  

 

 

Tom Hargrave stated he represents the Brevard Achievement Center, Interagency Council of Brevard County, and the Persons with Disabilities Assessment Project; and it is his pleasure to be a part of recognizing the month of October as National Disabilities Employment Awareness Month.  He stated the proclamation represents the Board of County Commissioners continued support of individuals with disabilities; disabled individuals have many skills and abilities that contribute to Brevard County businesses; and they are some of the most reliable, dedicated employees in the workforce.  He expressed appreciation to the Board for recognizing the month of October as National Disabilities Employment Awareness Month; and in particular he would like to thank Commissioner Bolin for sponsoring the proclamation. 

 

  

Commissioner Bolin read aloud a resolution recognizing Theresa and Kevin Riley as The 2008 Brevard County Farm Bureau Family of the Year.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing Theresa and Kevin Riley as The 2008 Brevard County Farm Bureau Family of the Year.  Motion carried and ordered unanimously. 

 

 

Theresa Riley expressed appreciation to the Board for the Resolution; stated she and her family are honored and humbled to be before the Board among the other wonderful resolutions; and in difficult economic times, her family is coming up with new ways to adapt in giving back to the earth and garden.  She stated while people are not buying big, beautiful, plants for their gardens, they are buying vegetables and getting back to basics; her father was on one of the first committees for Keep Brevard Beautiful; and her family’s goal is to keep making life more beautiful for everyone.

 

Mary Witte stated she and her husband came to Brevard County in 1948; she has seen a lot of growth; and her husband was always proud that he gave up Cincinnati, Ohio, and a nice advertising job, to live in sunny Florida. 

 

 

Chairman Scarborough read aloud a resolution of best wishes as Dan LeBlanc leaves Delaware North.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution of best wishes to Dan Le Blanc as he leaves Delaware North.  Motion carried and ordered unanimously. 

 

 

Dan LeBlanc expressed appreciation to the Board for the honor; stated everything he has accomplished has been with the support of the community and the great team of NASA and Delaware North; and he will continue to be involved in the community although he is leaving Delaware North. 

 

 

Commissioner Bolin read aloud a resolution recognizing Alexandra Glavas as The Zonta 2008 District 11 Young Woman in Public Affairs Winner.

 

 Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing Alexandra Glavas as The Zonta 2008 District 11 Young Woman in Public Affairs Winner.  Motion carried and ordered unanimously. 

 

 

Stacia Glavas expressed appreciation to the Board for the Resolution for her daughter and the future leaders of the community; and she is sorry Alexandra could not be present today.  She stated Alexandra has only been at college for a few weeks and she is busy trying to get sororities and fraternities to accept international students; and she is also busy with the student government. 

 

A representative from Zonta International stated she is with the Melbourne Chapter; and Zonta International is an organization of professionals and executives that works to advance the status of women worldwide; and Ms. Glavas won the scholarship from the local Chapter, and she then competed with other Districts.  

 

 

 

Commissioner Colon read aloud a resolution recognizing Mr. Joe Steckler.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Mr. Joe Steckler for his overwhelming care and compassion for Brevard County Seniors.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough stated Mr. Steckler is the number one senior advocate recognized by the State; and expressed appreciation to Mr. Steckler.

 

Joe Steckler expressed appreciation to the Board for the Resolution; stated he learned a long time ago that honors and accolades were a matter of timing; and for 15 years he has been privileged to work with every Commission that has served on the Board, County staff, and the Brevard Alzheimer’s Foundation.

 

 

 

Commissioner Colon read aloud a resolution recognizing Officer Sam Ivey.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Officer Sam Ivey for his heroic efforts in saving the life of Arcelio Maas.  Motion carried and ordered unanimously. 

 

Officer Sam Ivey expressed appreciation to the Board for the Resolution, and for recognizing the Palm Bay Police Department.

 

Commissioner Colon read aloud a resolution recognizing Officer Robert Meehan.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Officer Robert Meehan for his heroic efforts in saving the life of Arcelio Maas.  Motion carried and ordered unanimously. 

 

 

Officer Robert Meehan expressed appreciation to the Board for the Resolution.

 

 

 

County Manager Peggy Busacca advised the City of Melbourne has requested Item VIII.E.4., be moved to October 28, 2008; and staff is requesting to remove Item VIII.B.1., which is the Board report on Housing and Human Services, as it requires additional work. 

 

 

County Manager Peggy Busacca stated she would like to request the Board declare an emergency and waive the standard bid requirements for the emergency repair to culvert crossings under Satellite Boulevard in West Canaveral Groves; and accept the quote of $150,209.42. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to declare an emergency exists and waive the standard bid requirements for the emergency repair of two culvert crossings under Satellite Boulevard in West Canaveral Groves; and accept the quote of $150,209.42 from Atlantic Development of Cocoa, Inc., for the repair of each crossing.  Motion carried and ordered unanimously.

 

 

 

Commissioner Nelson stated the County continues to get the fallout from Tropical Storm Fay; and inquired if there is a timeline for the next step, which is how to fix some of the things that did not work in terms of drainage systems.  He stated he knows staff has been working on it, but he does not know if there is a consolidated process or timeline; and he is getting a lot of questions from citizens wondering when they can expect something to be done.  He noted he knows in some cases, things cannot be fixed; but there needs to be an evaluation; and it would be helpful for each Commission office to give a timeline for the various steps.  He directed the County Manager’s Office to put together a timeline of the steps the Board can expect to see over the next few weeks and months in order to be able to give information to the citizens.

 

Commissioner Colon inquired if Commissioner Nelson is referring to the dollars that have already been approved by the Board.  Commissioner Nelson stated it goes beyond that; for instance, it gets into the Natural Resources Management Office, where there are projects that have been on hold; and the Board needs to be aware of those projects.  He stated some of it is related to money, some of it is related to pipes, and some of it is related to localized fixes; Horseshoe Court in District 2 only needs a small flapper valve to stop water from coming back into the community; and it is a larger look than just allocated dollars.

 

Commissioner Colon inquired if Mr. Denninghoff understands what Commissioner Nelson is requesting, because there are different layers; there are dollars that have been allocated; and it would be difficult to have a timeline for those projects that do not have any dollars allocated to them.  Mr. Denninghoff stated he understands the request; there is a pipe crossing on John Rodes Boulevard that is in the process of failing now; and the cost on that is going to be approximately $65,000.  He stated staff keeps finding things and it has to prioritize based on the crossing and the traffic associated with it, along with the delivery schedules.  He stated staff can put together a schedule, but it has to be understood that it is somewhat tentative; some of the things will probably be dependent upon outside agencies; staff has thought of some ways to accelerate projects that the Stormwater group has been working on; and it is contingent upon what FEMA is going to do and when it will be done.  He advised staff has put together a team to work on the West Cocoa situation and try to prepare a report; and he expects it will take a 90-day timeframe for the report that will give options to the Board.

 

Commissioner Nelson stated staff has done a good job; citizens forget sometimes that staff also has to continue the regular responsibilities; and it is helpful for the Board to be able to give the citizens some kind of timeframe.

 

Assistant County Manager Mel Scott stated many times the citizens turn to the Board of County Commissioners with phone calls; and if staff could get that information from the Commission offices it would be able to incorporate it into the report back to the Board.

 

Chairman Scarborough stated the Board discussed capturing FEMA dollars by advancing reserve funds to Mr. Denninghoff’s Department; and inquired if Mr. Denninghoff has enough reserve funds to capture all the FEMA dollars that are available, or should the Board make additional transfers.  Mr. Denninghoff replied yes, staff is not slowing down based on the funding that was discussed by the Board.  Chairman Scarborough stated staff needs to act prudently; stated Tax Collector Rod Northcutt advised he is sending $5 million to the Board; and Assistant County Manager Stockton Whitten will be before the Board on October 28, 2008, with the allocation of the additional $5 million.

 

Ms. Busacca advised it is not an additional $5 million; and some of it has actually been included in the budgeting.  Mr. Whitten noted $3.5 million was budgeted; and it is a matter of how much of the excess of the $5 million is going to be excess for the General Fund. 

 

Mr. Denninghoff advised staff is taking the FEMA representatives out to all of the sites where there is damage; the purpose of that is to start the project worksheets to eventually get approval on them; and once that is done, staff is free to go ahead and proceed with the repairs as long as it is not trying to enhance or alter it in some way.   He stated in most cases staff is proceeding with the repairs; in some cases FEMA is saying it will not reimburse the County; and at that point staff has to do that repair out of County resources and not expect to get reimbursed.  He stated if it is questionable if a repair is reimbursable through FEMA, they give staff a preliminary green light to move forward; at that point it is documented and in the process; and it is not known until the County gets a check from FEMA, and then it may not be known until there is an audit that might take place several years later as to what FEMA’s ultimate disposition will be; but staff is not slowing down with FEMA except to get on site.

 

Commissioner Nelson stated if there are ways the Board could consider some assistance from staff that could help, Mr. Denninghoff can let the Board know, and it can decide if it is something it would like to consider.  Mr. Denninghoff stated he can do that.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Colon, to grant permission for Commissioner Bolin to travel to the Florida Association of Counties meeting from November 19 – 21, 2008, in which Legislative issues will be discussed.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough stated at 1:00 p.m. one of the Volusia County Commissioners is going to be present to talk briefly about a 60,000 acre tract in North Brevard and Volusia County, and is owned by the Miami Corporation; and he would like to have his report at 1:00 p.m.

 

 

 

Commissioner Nelson advised he would like to pull Item III.A.2., Approval, Re:  Viera Tract K Subdivision Sidewalk Waiver – The Viera Company.

 

 

 

Chairman Scarborough stated he received an email this morning on Item III.C.6. from someone who would like to protest the item; and he would suggest the Board table the item. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table approval to reject all Structured Cabling proposals, ratify continuation of existing contracts pending re-bid, and permission to advertise two new Structured Cabling proposals using Siemon’s cabling and technicians who are certified by Siemon to perform installation, to the October 28, 2008 Board meeting.

 

 

 

Commissioner Nelson stated he would also like to discuss Item III.D.3., Approval, Re:  East Central Florida Regional Planning Council 2008-2009 Annual Assessment, and III.D.11., Acknowledge, Re:  The Brevard County Annual Financial Audit Report for Fiscal Year Ended September 30, 2007. 

 

Chairman Scarborough stated he would like to discuss III.D.4., Approval, Re:  Contract with Southern Strategies Group. 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to grant final plat approval for Wyndham Drive Extension, subject to minor changes, if necessary, receipt of all necessary documents required for recording, and developer obtaining all other necessary jurisdictional permits; and executed Contract with The Viera Company.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to execute Binding Development Plan Agreement with John J. Greene, Trust for property located on the east side of Carpenter Road, approximately .18 mile south of Highway 46.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Ordinance amending Chapter 62, “Land Development Regulations” of the Code of Ordinances; amending Section 62-2117, Parking, Locating and Storage of Recreational Vehicles, Recreational Equipment, Commercial Vehicles and Heavy Equipment, and Cargo Trailers, Utility Trailers, and Open Flatbed Trailers, specifically amending Section 62-2117(a), Definitions to provide clarifying definitions and to amend Section 62-2117(b), Recreational Vehicles and Recreational Equipment to set forth parking, storage and location requirements in residential areas; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code; and providing for an effective date.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to authorize staff to utilize written quotations to acquire construction materials or services on a job-by-job basis; and authorize the County Manager, or her designee to award to the lowest responsive quotation through September 30, 2009 for materials and services on annual bid that contracted vendors are not able to provide during this time, or when market conditions prohibit formal bidding.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to accept donation of a Sidewalk Easement from Shirley L. Isles, Trustee for construction and maintenance of a sidewalk south of the intersection of Hall Road and North Tropical Trail.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolutions and execute Highway Landscape Construction and Maintenance Memorandum of Agreements with Florida Department of Transportation (FDOT) for sidewalk construction and maintenance on two projects located on the State-maintained right-of-way of SR A-1-A (Cocoa Beach Storage and Ocean   Cove   Condominium).    Motion  carried    and   ordered   unanimously.   

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution extending to five years the period allowed for units serviced by septic tanks with the River Palms Mobile Home Park to connect to the County sewer system, in accordance with the provisions of Section 110-66(d) of the  County Code;  and  execute  Settlement Agreement with  River  Palms

 

 

Mobile Home Park Association and Brevard County Health Department containing various provisions and timeframes relating to the connection of units to the County sewer system.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to authorize the Utility Services Director to advertise a Request for Proposals for consulting services to design/build a replacement for the failed portion of the Barefoot Bay Wastewater Treatment Plant; appoint a Selection Committee consisting of Richard Martens, Utility Services Director; Assistant Utility Services Director, Steve Peffer; Utility Services Senior Engineer, Mark Reagan; Facilities Director, Steve Quickel; and Utility Services Superintendent Wayne Pace; appoint a Negotiating Committee consisting of Richard Martens, Utility Services Director; Utility Services Finance Manager, Jim Helmer; and County Attorney Scott Knox; and authorize the Chairman to execute the Contract with the lowest qualified responder.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to execute the annual Contract with State of Florida, Department of Health for operation of the Brevard County Health Department for FY 2008-2009; and authorize the Chairman to execute any future amendments to the Contract and budget, contingent upon approval of Risk Management and County Attorney.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to withdraw from participating in the Department program and decline to enter into the proposed Agreement between the Department of Agriculture and Consumer Services, State of Florida FDACS (Department), and the Brevard Mosquito Control District (Contractor), which will enable the Brevard Board of County Commissioners to have final authority on decisions/approvals/appointments for Brevard Mosquito Control Operations, to include final decisions on all funding and expenditure authorizations.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to execute Joint Use Agreement with the School Board of Brevard County for joint use of facilities and real property for the purposes of community recreation programs.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve naming the interior roads at Palm Bay Regional Park as Championship Circle for the interior loop and Regional Park Trail for the road going to the dog park.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve naming the cricket pavilion at Palm Bay Regional Park as the “Judge Ali B. Majeed Cricket Pavilion.”  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve naming the Community Center at Palm Bay Regional Park, the “Ted Whitlock Community Center.”  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve naming the interior road in Wickham Park from Wickham Road to Wickham Park Senior Center as “Leisure Way.”  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to accept Internal Audit Report for the Financial Year End Close.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to acknowledge Parrish Medical Center’s Resolution establishing Millage and the FY 2008-2009 Revenue and Expense Budget.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #04-2773 from $27,250 to the reduced sum of $1,600; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to amend the AT&T Master Agreement to authorize the Information Technology Director to sign pricing schedules for regulated services provided by AT&T as long as any increases in prices are no greater than $15,000; and authorize the County Manager, or her designee, to sign pricing schedules as long as increases are no greater than $99,999, with increases greater than or equal to $100,000 being authorized by the Board.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve continuation/modification of Board Policy BCC-03, Conflict of Interest.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution and execute Lease Agreement renewal with the Lessee Gryphon Group Security Solutions, Inc. relating to a portion of the Sheriff’s Work Farm property in Cocoa.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve awarding $50 each to Jerry Lopez and Joseph Giovelli who submitted recommendation (EIP #363) under Brevard County’s Employee Innovations Program.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to execute Subgrant Agreement with Florida Department of Community Affairs, Division of Emergency Management, for FY 2008/2009 Emergency Management Preparedness and Assistance Grant; and authorize the County Manager, or her designee, to submit and execute any additional changes, documents, or amendments required under the Grant Contract.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve payment of conference attendance for the newly elected Supervisor of Elections in the approximate amount of $1,150.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve requisition of one-twelfth of Fiscal Year 2009 budgeted funds at the first Board meeting in October 2008, one-sixth budget in January 2009, and equipment (capital) budget.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to reappoint Bob Riley to serve on the Melbourne-Tillman Water Control District, with term expiring September 30, 2011.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to approve the bills and budget changes as submitted.  Motion carried and ordered unanimously. 

 

 

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

 

 

 

Commissioner Nelson stated The Viera Company has done a great job with its pedestrian walkways and bike paths; in this particular setting, it appears a sidewalk will be deleted that is on the east side, which will cause people to cross and come back over to get to one of the commercial sites; and inquired why that would have to happen.

 

Hassan Kamal, The Viera Company, pointed to Village Drive, Murrell Road, and Viera Boulevard on a map; stated it is a commercial subdivision that was built in 1995, and the lots have developed over the years; there are sidewalks on the west side of Village Drive that inter-connect all of the commercial sites, as well as other sidewalks; and the request is to only delete one section of sidewalk.  He advised The Viera Company does not feel that the driveway serves any of the lots, as the lots are already served by the existing sidewalk on the west side of Village Drive; and all the facilities have sidewalk connections either to the Village Drive sidewalk or to Murrell Road, or to Viera Boulevard; and no lots are being left in limbo or disconnected to the pedestrian system.  He stated the reason for the request to delete the sidewalk is that it will add more pervious area there and eventually will be a maintenance responsibility for the County. 

 

Commissioner Nelson inquired what are the three businesses to the north; with Mr. Kamal responding a veterinary clinic, office building, and one is a church facility.  Commissioner Nelson stated he disagrees with deleting the sidewalk; pedestrians going to the church will have to cross back over to get to the church; and he will not be supporting the item.

 

Commissioner Bolin stated she disagrees with Commissioner Nelson; the area the sidewalk would be in front of is going to be in an area of wetlands; and she would prefer it not be disturbed any more than it has already been through development. 

 

Chairman Scarborough advised since Commissioner Colon had to step away, the Board can take a five-minute break before a motion is made.

 

The Board recessed from 10:27 a.m. to 10:33 a.m.

 

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

 

Commissioner Nelson stated the County requires eight-foot sidewalks; and it is his understanding that the sidewalks are not eight feet; with Mr. Kamal responding when the subdivision was designed in 1995, the regulations were different.  Mr. Kamal stated The Viera Company sincerely believed the sidewalk would not be of use to anybody; the church has been there for several years without any requests to add a sidewalk; and that was the basis for the request for the waiver. 

 

Motion by Commissioner Bolin, to approve waiver of Section 62-2956(b)(2) of the Code requirement for providing sidewalks on both sides of a roadway along Village Drive, a public right-of-way.  Motion died for lack of a second. 

 

 

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 94, Brevard County Code, Solid Waste.

 

Commissioner Nelson stated for a long time after the 2004 Hurricanes, people were putting out yard waste in plastic bags; people were supposedly never able to do that; but now Waste Management is not picking up those bags; and inquired why that is no longer allowed.

 

Euri Rodriguez, Solid Waste Management Director, advised the main reason yard waste is not accepted in bags is because when the bags go into a landfill they are put into a shredder and cut into little pieces; and at that point there are tiny plastic pieces flying all over the landfill and surrounding neighborhoods.  He stated the mulch is sent to Polk County for conversion into electricity; it is not accepted if it contains plastic; and therefore, Brevard County has to pay to bring it back to its facility and dispose of it in a different fashion. 

 

Commissioner Nelson inquired why Waste Management cannot carry on the trucks a place to put the yard waste bags as a service to the citizens; stated a lot of people do not want to buy additional cans, or do not have storage for them; and inquired if Mr. Rodriguez has discussed it with Waste Management.  Mr. Rodriguez advised he has not discussed it with Waste Management; but he will be contacting them this week about the issue.  Commissioner Nelson inquired if Waste Management says it can keep the bags on the trucks, is it something that can be done immediately.  Mr. Rodriguez stated if Waste Management is willing to do it, they will be able to proceed.  Commissioner Nelson inquired if it is currently prohibited; with Mr. Rodriguez responding it is not part of Waste Management’s Contract to carry a container and empty yard waste. 

 

Chairman Scarborough stated if Mr. Rodriguez can contact Waste Management during the remainder of the meeting, he can update the Board later in the meeting.  Mr. Rodriguez stated that should not be a problem.  Commissioner Nelson stated it would help a lot of the users, if it is a possibility.

 

 

 

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Spring Street East Extension of Scottsmoor, as petitioned by Bruce and Karon Nunes.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution vacating a portion of Spring Street in Resubdivision of Part of Farms 76, 77, 78, 79, 80 & 81 East Extension of Scottsmoor, as petitioned by Bruce and Karon Nunes.  Motion carried and ordered unanimously. 

 

 

Cliff Repperger, Attorney for the applicant, stated he nor his clients did not receive advanced notice that the request would be on today’s Agenda; and he found out about it yesterday when he was reviewing the Agenda for a different item.  He stated he understands that what is being reset is the hearing of the applicant’s original request for approval of the easement that they were requesting; initially when the request came to the Board the original request the applicant filed was won under Section 62-102 for approval administratively with staff; and that has changed to a request that came under Section 62-2897, which was denied by the Board.  He stated since the last time before the Board, the applicant has begun negotiations with the neighbors and have been doing that for the past year; in the applicant’s opinion there has been a shift change from what was a majority in opposition to the application initially to a majority that now supports the applicant’s request; and the applicant has submitted to the Board some information and a petition signed by 10 out of the 15 Rosehaven residents that now support what the applicant is requesting.

 

Chairman Scarborough stated what the Board is discussing today is whether or not to re-advertise a public hearing; it is not to be a public hearing today; and inquired if Mr. Repperger has a different understanding.  Mr. Repperger noted he understands that, but he is setting the back story for the Board.  Chairman Scarborough inquired if Mr. Repperger is supporting or not supporting the re-advertisement for public hearing.  Mr. Repperger replied the applicants have come today to object having the request reset.  Chairman Scarborough inquired if Mr. Repperger does not want to have it re-advertised.  Mr. Repperger stated the reason why he has some concerns about it is that there is a pending lawsuit that is a declaratory judgment action challenging the right of the County to hear this matter under Section 62-2897; that matter is pending the negotiations and possibly bringing it back to the Board for reconsideration by the Board; and at this point in time the applicant has not reached a point of confidence in what has been reached with the neighbors and would not be comfortable having the Board hear it without having the matter decided by the Courts as far as what Section applies.  He stated he knows County Attorney Scott Knox disagrees with whether that case is right for consideration, but he believes that it is.

 

Chairman Scarborough stated he would like to hear from the speakers; and after the public comments Mr. Repperger can re-address the Board.

 

Jerry Spangler stated he owns Lot 10 in Rosehaven Subdivision; and it is Lot 10 that is at issue as to whether or not an administrative easement over it should be granted.

 

Chairman Scarborough stated the Board will not hear the item twice; if the speakers oppose the re-advertising, let the Board know why; and if Mr. Spangler wants the Board to proceed with the hearing, it will get into the specifics of the matter.  He inquired if Mr. Spangler does or does not want the item re-advertised; with Mr. Spangler responding he would want it re-advertised if Chairman Scarborough agrees to meet with him and his neighbors.  Chairman Scarborough stated if both parties want to have a meeting, then he can hold a meeting. 

 

Anne McDaniel stated she understood the Agenda Item to mean the Board is going to have an opportunity today to give direction to Mr. Knox on whether or not to send her application back to staff to administratively approve it,  or whether the Board was going to decide not to do that  and instead have a re-hearing under the other Code.  Chairman Scarborough stated the last sentence in the requested action states, “It is recommended the Board re-advertise a public hearing on this proposed modification to the Rosehaven Subdivision.”  Ms. McDaniel stated one of the Board’s options today is to hear the item and if it agrees, send it back to staff for an administrative approval.  Chairman Scarborough stated that is not how Attorney Knox advised him during his briefing.  Attorney Knox replied the Board always has the option, but his recommendation is to re-advertise for a public hearing. 

 

Ms. McDaniel stated she would like the Board to hear the item today under Section 62-102 and decide whether or not to send it back to staff for administrative approval; that would resolve all the issues and she would be treated fairly; and the opinions of the residents in Rosehaven would count.  Chairman Scarborough stated the Board can listen to what the residents have to say.

 

Rose Arnold stated she is the original developer of the Rosehaven Subdivision; in the beginning she was against the request; but it has been over a year and a half and it has come to her understanding that there have been many meetings that the majority of the residents were not privy to.  Chairman Scarborough inquired if Ms. Arnold is in favor of re-advertising the request or if she is opposed.  Ms. Arnold replied she is for whatever the majority of the residents are in favor of.  Chairman Scarborough stated today the Board is going to decide whether to re-advertise or not. 

 

Susan Walden stated she is in favor of re-advertising the request.

 

Billie Jo Strickland stated she is in favor of re-advertising the request.

 

Rebecca Charpentier stated she is in favor of re-advertising the request.

 

Michael Granatosky stated he is in favor of Attorney Knox’s recommendation to re-advertise the request.

 

Sandra Nydam stated she is in favor of Attorney Knox’s recommendation to re-advertise.

 

Jack Bergquist stated he is in favor of Attorney Knox’s recommendation to re-advertise.  Chairman Scarborough inquired if Mr. Bergquist is in favor of a meeting with him before the public hearing; with Mr. Bergquist responding he is not opposed to a meeting with Chairman Scarborough.

 

Anne Bergquist stated she agrees with the recommendation of Attorney Knox to re-advertise the request.  She advised through July, the neighborhood was unified; the residents requested some things be written, and felt the negotiations fell apart; when the negotiations fell apart in August, five of the residents felt nothing more could be done; and at this point the neighborhood is divided. 

 

Mr. Repperger advised he takes issue with the representation from Ms. Bergquist that the applicants have not continued to engage in negotiations  in good faith; and throughout there has been active dialogue with the neighbors to try to reach some form of a settlement.  Chairman Scarborough stated the question becomes if there should be a meeting with the residents and the applicants before October 28, 2008. Mr. Repperger stated yes.  Chairman Scarborough stated it appears there is a consensus to re-advertise the public hearing; and inquired if Mr. Repperger would like to get into further discussion on that subject; with Mr. Repperger responding no, everyone is in agreement on re-advertisement.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct the County Attorney to re-advertise a public hearing on the proposed modification to the Rosehaven Subdivision.  Motion carried and ordered unanimously.

 

 

 

Commissioner Bolin stated she made a site visit at Space Coast Stadium and looked at all the items being suggested to be repaired; and a few changes have been made.  She stated the health and safety of the visitors, and the structural requirements have been made the top priorities; there were only a couple of repairs that were questionable; and one item was taken off of the list completely; but otherwise everything was justified and rearranged by priority.  She noted one of the things to be done is the cabinetry in the sky box, which is still in the color of the Florida Marlins; she suggested putting new cabinetry in the sky box that would be more of a neutral color that could fit any team that rents the stadium; and even though it is not costing the taxpayers to make the changes, it is the money that is brought in by the tourist tax; but that is not a reason to not use it as frugally as possible. 

 

Chairman Scarborough inquired if the TDC is briefed on what is being done at the stadium in order to inform tourists.  Stockton Whitten, Assistant County Manager, noted on a staff level, in terms of establishing the budget, the fourth cent was originally dedicated for the stadium; and there are some small dollars going to marketing and advertising.  He advised the TDO staff is aware of the annual requirements of the stadium and should be briefing the TDC. 

 

Commissioner Nelson stated having a presentation before the TDC would be helpful; last year it was a bigger issue because changing out the scoreboard was a little more controversial; this year, the items are all maintenance related; and Commissioner Bolin did a good job in terms of prioritizing, but the TDC needs to see it and it needs to be part of the standard practice.

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to authorize staff to proceed with all design and construction for capital improvements at the Space Coast Stadium; authorize the County Manager, or designee, to authorize bids and awards for all materials, services and equipment necessary for the expedited completion of these projects; and approve all necessary budget changes to increase the Stadium CIP budget.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve legislative intent and grant permission to advertise a proposed amendment to Chapter 62, Article VI of the Land Development Regulations to remove crematorium use from the AU and AGR Zoning Classifications; and approve Option 2 to allow a crematorium as a permitted use in the Institutional Use Zoning Classification with the following conditions:  1.)  Accessory to a cemetery, columbarium and mausoleums; 2.)  100-foot setback from all property lines; and 3.)  Minimum lot size of 2.5 acres.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, acting as the Governing Body of the Barefoot Bay Water and Sewer District, to adopt Resolution providing for capacity allocation and service contracts within the Barefoot Bay Water and Sewer District; approve Water Service Agreement with Crystal Bay, LLC providing water service for 123 units; and authorize staff to negotiate similar agreements with other similarly situated projects.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to deny the After-the-Fact Permit Fee Reduction request by the applicants, Ms. Cynthia Hughes and Mr. Dennis King, 1955 River Shore Drive, Indialantic, Florida, 32903-4515.  Motion carried and ordered unanimously.

 

 

John Hopkins, Berman Hopkins, stated his firm has served as the auditing firm for Brevard County for several years.  He stated he did not feel the selection process met or complied with the Board’s directive with five members on the Selection Committee; he did not consider a local presence; Berman Hopkins has had a long-term relationship with the County that he views as positive; and public oversight boards view long-term relationships as positive.  He advised Ross Whitley is a new partner this year with Berman Hopkins; and Mr. Whitley is one of the premier government auditors in the State of Florida.  He commented on the many organizations Berman Hopkins supports in Brevard County; and stated Berman Hopkins feels the local presence should be taken into consideration.

 

Jim LaHam, Managing Partner of Berman Hopkins Wright Laham, stated he believes there are four qualified firms, including two National and International firms of which Cherry Bekaert and Holland and Berman Hopkins were rated 1 and 2; and Berman Hopkins’ local presence and qualifications should be the overriding factor in the decision, along with keeping the tax dollars local. 

 

Commissioner Colon inquired if Berman Hopkins is willing to go down in price; with Mr. LaHam inquiring if Commissioner Colon could clarify.  Commissioner Colon inquired if Berman Hopkins could lower its price to $350,000.  Mr. LaHam advised Berman Hopkins is prepared to make an adjustment; the firms audit contract was approximately $410,000 as it ended, so that is a substantial reduction; and in the three-year contract it approaches almost $200,000 of tax dollars.

 

Ron Conrad stated he is in charge of the Florida Government Practice for Cherry Bekaert and Holland.  He advised the Board has the rankings in front of it; Cherry Bekaert and Holland is ranked Number One by three out of four committee members, and Number Two by the third committee member; the firm had a total of five points, with the lowest being the best; and the second ranked firm, Berman Hopkins, was ranked 11^th.  He noted had there been another committee member, and had that committee member ranked Cherry Bekaert and Holland last and Berman Hopkins first, Cherry Bekaert and Holland would still be the Number One selection; and he believes it is because of Cherry Bekaert and Holland’s extensive County Government experience.  He advised Cherry Bekaert and Holland has a lot of experience with auditing five different counties in the State right now; and the integrity of the procurement process is very important, as the Board is looking at its CPA firm and how that firm provides expertise and compliance.  He stated the RFP for audit states, “All firms are hereby placed on notice, the County Commission shall not be contacted about this proposal”; it further states, “Firms and their agents are hereby placed on notice that they are not to contact members of the County Commission”; and Cherry Bekaert and Holland has abided by the process and has not contacted any of the Commissioners.  He stated the Selection Committee chose Cherry Bekaert and Holland based on its qualifications; his firm has gone through an extensive process and he believes Cherry Bekaert and Holland’s Number One ranking represents the County’s true intent.

 

Commissioner Colon advised for the record that she has not spoken to anyone from any of the firms.

 

Mr. Conrad noted given the Board’s year end is September 30^th, it is important to move forward as quickly as possible on the audit; the County had Tropical Storm Fay this year, from which there are issues that need to be addressed as well as the basic audit considerations; and it would be in the Board’s best interest to get a firm started soon. 

 

Chairman Scarborough noted for the record that he received a letter from John Hopkins, and he spoke with him on the phone yesterday.

 

Commissioner Bolin stated she would like to go on record that she has also spoken to Mr. Hopkins.

 

Commissioner Nelson advised he has spoken to Mr. Hopkins as well. 

 

Chairman Scarborough inquired if County Attorney Scott Knox would discuss the Competitive Negotiation Act and how the Board deals with prices under those provisions of Florida Statute.  Attorney Knox stated the Selection Committee has met and has come before the Board with a recommendation based upon factors it considered under the Request for Proposals; the Statute says if the Request for Proposal criteria does not include price, which the Board’s did not, then the Board can ask the first ranked applicant what kind of compensation it is looking for; and that may be something the Board may want to ask Cherry Bekaert and Holland.

 

Chairman Scarborough stated there is a question as to whether the selection process was flawed; and the Board needs to correct the flaw before it can determine which firm was the Number One applicant.  Attorney Knox advised the selection process was flawed in the sense that one person from the Audit Committee did not appear on the Selection Committee, which is what the Board had asked to be done; there were only four members on the Selection Committee that were actually designated by the Board; there was a fifth party that attended and heard presentations, but he was not one the Board had asked for as a spot on the Selection Committee; and to correct that, the Board could require someone from the Audit Committee to go back and listen to the presentations.  Chairman Scarborough inquired if that is a fundamental flaw; with Attorney Knox responding it is a flaw, but he does not think it is a fundamental flaw because the Selection Committee had a majority of people there.  Chairman Scarborough stated the Board could accept a motion to waive; and if the Board does not move on a motion to waive that flaw, then there are several options to discuss on how to fix the flaw; but he would prefer not to waive the flaw.            

 

County Manager Peggy Busacca advised it is Commissioner Voltz’s request to table the issue to the next Commission meeting.

 

Chairman Scarborough stated the Board is going to discuss the issue today.  He advised there is some risk in not moving forward; and the two ways to correct the flaw is to have another person come in, or have the whole committee reconstituted and then hear the whole thing again. 

 

Steve Burdett, Finance Director, stated he was on the committee for negotiating price, but he attended all of the presentations, which he thought were completely objective; all the firms were given the same opportunity; and he does not have a problem with how the members rated the qualifications.  He noted if the Board wanted to limit it to local firms, it would have been helpful to know that when doing the Request for Proposal; but he is fine with what has been recommended to the County as to what firm should be selected. 

 

Chairman Scarborough inquired how long it would take to have the whole committee to hear the presentations again; with Assistant County Manager Stockton Whitten responding it takes a 48-hour notice for the Selection Committee to reconvene; but one member of the Internal Audit Committee had a perceived conflict and said he could not participate; two other members could not participate because of time constraints; and the only reason there was one member was because there was only one member available.  Chairman Scarborough inquired if Mr. Whitten sees a problem with the issue coming back to the Board on October 28^th; with Mr. Whitten responding it is probable, but he is not sure the Board will be able to get another member of the Internal Audit Committee to volunteer to be on the Selection Committee.

 

Commissioner Bolin inquired if the Board has the right to move to the second in the ranking if it decides pricing is an issue.  Chairman Scarborough replied the problem is that the Board cannot go immediately to the pricing on the Competitive Negotiation Act. 

 

Attorney Knox stated the Statute allows the Board to ask the question as to whether or not pricing is going to be an issue under the current circumstances; the first issue to resolve is whether or not there was a procedural flaw because of the lack of membership being present at the time of the selection; the Board needs to resolve that first, then it can go to step two, which is what to do next; and the choices are basically to waive the flaw, or to somehow correct it.  Chairman Scarborough stated apparently the Board can only ask the Number One rated firm that question; and only then can the Board go to Number Two. 

 

Mr. Burdett advised the Board’s policy calls for the Finance Department to submit the report for certificate; in order for Finance to do that, the audit should start as soon as possible; depending on how long it gets delayed, an extension will have to be requested; and 30 days is the longest extension that can be granted.  He stated the Board needs to consider if it wants Finance to submit the report and get the audit done in a timely manner. 

 

Chairman Scarborough inquired if the other option was to have one person hear the presentation and bring it back to the Board; with Attorney Knox responding that is the other option for curing it.  Chairman Scarborough stated it would be easier to schedule a meeting because it would be a one person presentation.  Mr. Whitten stated he understands the option for the one person; and he would assume that would be the gentleman who was the CPA who sat through the presentations to come back and rank.

 

Attorney Knox stated initially the Board wanted someone from the Internal Audit Committee to hear the presentations; if the Board cannot get someone from the Internal Audit Committee, it is problematic, and the Board will have to designate someone else.

 

Commissioner Colon noted if the fifth member was to rank, the Board would still be in the same situation.  Chairman Scarborough stated the math is not really going to change the rankings.  Mr. Burdett noted he verified the math; and that is a correct statement.

 

Chairman Scarborough stated if the Board has a Findings of Fact, or a fifth opinion, it would not substantially change the ranking; and then he could support the waiver; but he would want that to be part of a Findings of Fact.  Attorney Knox stated the Board can take a motion to waive the procedural flaw based on the finding that it is not going to make any difference if there is a fifth ranking.

 

Motion by Commissioner Bolin, to waive the procedural flaw based upon the finding that it will not make a difference if there is a fifth ranking. Commissioner Nelson stated it will not change as long as the assumption is made that Cherry Bekaert and Holland go to fifth place and Berman Hopkins go to first place; but it could have an impact on Number Two; and there are many mathematical possibilities.  Chairman Scarborough stated    Commissioner    Nelson   is  right;  the  Board   is   supposed  to  ask  the  question  in sequence of what it is going to cost.  Attorney Knox advised if it is going to mathematically change the outcome in any way, then the Board needs to cure it by having a fifth party rank in mind.  Chairman Scarborough stated the Board can discuss it at the end of the meeting, and give Mr. Whitten time to find the easiest way to structure something, because the Board cannot re-designate who that other party is going to be.  Chairman Scarborough inquired how Mr. Whitten can be assured he can get someone else to weigh in on the issue; and inquired how the motion should be stated.  Mr. Whitten advised he can re-ask the question of the Audit Committee.  Chairman Scarborough inquired if that does not work, who could the Board go to next.  Mr. Whitten stated Eric Burton, who is a CPA and contracted in internal auditing, participated in the presentations and reviewed information; and that is who the Board can ask first. 

 

Mr. Burdett stated it is only relevant if there is a problem dealing with the Number One firm.  Chairman Scarborough stated if the Board is going to numbers it can go in sequence.  He inquired if the Board has to abandon Number One before it can ask Number Two; with Attorney Knox responding affirmatively.  Mr. Burdett stated no; if the Board was going to do that, Finance would have asked for a price from each one of the firms up front when the RFP was sent out; but Finance negotiated with the highest rated firm from a qualifications standpoint.  Commissioner Nelson stated his concern would be with asking someone to step in at this moment in time; he would not want to be that person; and if he were on the Audit Committee, he would say he would not do it.  He stated if the Board cannot have all five members it should not hear the presentations until it does; and that would have been the best way to cure it.  He stated to bring somebody in at this point probably raises a lot of new issues the Board is going to deal with at the next process; and his inclination is to waive the irregularity because it has been through the process, everybody has heard the same thing, and the Board is not going to subject someone else to that process.  He stated by waiving the irregularity the Board locks into the ranking as it currently exists; and waiving it is as clean as anything else that causes many other issues.

 

Commissioner Nelson seconded the motion to waive and accept the recommendation as presented.  Motion carried and ordered unanimously.

 

 

Attorney Knox stated now the Board has to ask the Number One firm what it needs for compensation; the firm has presented its compensation to the Selection Committee; but the question was not asked at the podium; and the Board may want to ask it.  Chairman Scarborough stated in the past, with competitive negotiation, he cannot remember bringing the different parties up and asking them what their compensation will be; and by doing that the Board is looking at the low bid.  Attorney Knox stated this is a different Statute than what Chairman Scarborough is thinking of; and this Statute specifically states the first question the Board can ask about compensation because price was not an issue with the criteria.  He stated the Board has a proposal from the Number One ranked firm in its materials; and if that is not acceptable, the Board can move on. 

 

Commissioner Nelson stated the Board’s option is to say the price is unacceptable and send it back to the Negotiating Committee; the Committee may come back and say it is as good as it gets; and at that point, the Board has a final decision to make as to the Number One. 

 

Commissioner Bolin stated she agrees with Commissioner Nelson that the pricing is not acceptable.  She stated there is a firm that has had experience and has been with the County; it should have a substantial difference in price; and she thinks the firm gave the Board a quote earlier.

 

Motion by Commissioner Bolin, to enter into negotiations with the Second Ranked firm for $350,000.  Motion died for lack of a second.

 

 

Commissioner Colon stated the Board has not yet asked the first firm if it is willing to go down in price; and it is not fair because the Board is saying it agrees with the second ranked firm.  Chairman Scarborough stated he is uncomfortable with the whole idea of looking at qualifications and then throwing everything out the window.  Attorney Knox stated he agrees, but that is how the Statute is written.  Commissioner Colon stated the Board is having to cut a lot of programs and is watching its dollars more than ever; and it needs to be competitive.

 

Chairman Scarborough stated he would like to bring the issue back on October 28^th to look at it in further detail.  Commissioner Colon stated she agrees; the reason why she set a number was to see if the firm was willing to look at it; but the question must be asked; and she thinks the best thing to do is to just go with the recommendation of the Selection Committee at this point. 

 

Chairman Scarborough inquired what is the motion currently on the floor.  Commissioner Nelson stated it is to waive the irregularity, but not to accept the recommendation of the Committee at this point because they are two separate issues.  Chairman Scarborough stated the motion is to say the Board is not going to have the matter re-heard; but it is still at the point of how it responds to that recommendation; and then there is the issue of how to handle pricing.

 

Motion by Commissioner Bolin, to table Item VIII.C.2. to the October 28, 2008 Board of County Commissioners meeting.  Motion died for lack of a second.

 

 

Commissioner Nelson stated it is his understanding the Board can tell the Negotiation Committee that the price that has been offered is not acceptable at this point in time; the Negotiation Committee can continue to discuss it with the firm; and then it comes back to the Board and that is when the Board makes the decision as to whether or not to go to Number Two.  He stated the Negotiating Committee can go back and talk to Cherry Bekaert and Holland and finish the process to the point where it is the best offer; that is when it should come back to the Board; and the Board can either agree, or go to Number Two.

 

Ms. Busacca noted Mr. Burdett has advised the Board of significant time constraints; and inquired if it is possible to negotiate with both Number One and Number Two.  Attorney Knox stated the Statute reads that if the Board tries to negotiate a contract with the Number One ranked firm and it cannot do that, then it can go to Number Two; and so if the Board cannot get beyond prices, then it can go to Number Two.  Ms. Busacca inquired if that can be done prior to bringing it back to the Board; with Attorney Knox responding the Board can delegate that authority to the Negotiating Committee. 

 

Attorney Knox advised the other option is to ask Number One if it can do better than what it has done, because the Board has its proposal in writing.

 

Chairman Scarborough stated the Florida Legislature has said there are times when the Board needs to look at the quality of the service; the Board asked a certain group of people that were supposed to have expertise at making decisions; and all of a sudden it is basically doing something that violates that concept and then it is just looking at price.  Attorney Knox stated it does not necessarily violate the concept; if the Number One ranked firm is ranked according to criteria set out in the proposal, the Statute says the Board is bound to try to negotiate a contract with them; and if that is not acceptable to the Board, then that is the way it is.  Chairman Scarborough inquired at what point is the Board informed as to what it is acquiring for the dollars paid; with Attorney Knox responding that is part of the Contract the Board negotiates.  

 

Commissioner Colon stated she would like to hear from the firm that was chosen by the Committee.

 

Mr. Conrad stated there is a process in the State of Florida; the Auditor General put together a committee a couple of years ago with regard to the auditor selection process; there is a heavy focus on quality; and the quality of firms need to be considered first.  He stated the Committee ranked Cherry Bekaert and Holland as Number One three times, and Number Two the fourth time; Cherry Bekaert and Holland has a total of five points; the second ranked firm had 11 points; the third ranked firm had 12 points; and it was close between the second and third ranked; but there was no firm close to Cherry Bekaert and Holland.  He advised Cherry Bekaert and Holland has a local presence; the firm of Whittaker and Cooper is working with Cherry Bekaert and Holland; and the firm also has people who live in Brevard County that work with it.

 

Commissioner Colon stated both firms are qualified; the Committee scored Cherry Bekaert and Holland very well; but it comes down to economics.

 

Mr. Conrad stated if the question is if Cherry Bekaert and Holland would be willing to go back to the Negotiating Committee and further discuss its fee, then the answer is yes, it will.

 

Commissioner Nelson stated earlier, Mr. Conrad said something that troubles him; and it was inferred that by talking with one of the firms it was in some way inappropriate; all of the firms did not speak to the Board during the RFP process; but there is an Agenda item before the Board that says it is talking about the basis for a protest; and so the Board has every right to talk to the firms on the basis of a protest.  He stated he is concerned that people may have gotten the impression that somehow either Berman Hopkins, or the Board, in some way violated something; that is not right; and he was offended by that because it was the impression that was left.  He stated Mr. Conrad needs to be careful as he puts that information out there because it is not fair and it is not accurate.  Mr. Burdett advised the RFP says that discussion is not supposed to take place until after the contract is awarded; and he is not sure who is at fault.

 

John Hopkins stated his firm’s attorney is Gray Robinson; and Gray Robinson advised that once the selection process was over the firm could not contact the Commissioners; and his firm honored the process.  He stated Section 2.13 of the RFP states, “The County reserves the right to accept or reject any or all proposals received  as   a  result   of   this   RFP,   or   to   negotiate separately with any proposer and to waive any informalities, defects, or irregularities  in any proposal, or to accept that proposal or proposals, which in the judgment of the proper individuals is of the best interest of the County.” 

 

Chairman Scarborough stated it is his understanding that the Number One rated firm will go back and discuss a price; and his inclination is to let them do it.

 

Motion by Commissioner Colon, seconded by Commissioner Nelson, to approve not having the matter reheard; and authorize the Negotiation Committee to negotiate with the Number One ranked firm of Cherry Bekaert and Holland, LLP regarding price for such services.  Motion carried and ordered unanimously.

 

 

Cliff Repperger, Attorney for the applicant, stated the item is a final order of Vested Rights for approval by the Board; it is a recommended order; the Vested Rights hearing was held before the Special Magistrate; and the Special Magistrate is recommending Vested Rights.  He stated staff is in agreement with the recommended order; the only issue on the order is the refund of the application fee; as part of the recommended order, the Special Magistrate granted to the applicant a full refund of the application fee that was paid; and staff is objecting to that portion of the recommended order.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve Option 1, granting the applicant’s Vested Rights in accordance with the Special Magistrate’s recommendation including a full refund of the $2,000 application fee.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize Office of Emergency Management Director to negotiate and execute a lease agreement on behalf of the Board for antenna tower space on the County’s Barefoot Bay radio tower with Black Dot Wireless, Co; authorize renewals as per the final lease agreement; and authorize Office of Emergency Management Director to take actions and sign/execute documents and renewals on behalf of the Board as may be required to execute/administer the lease and any subsequent extensions.  Motion carried and ordered unanimously.

 

 

 

LeRoy Fogle, representing Bobby Human, stated Mr. Human has had some issues with Code Enforcement that have been going on for a considerable amount of time; and he has complied with everything Code Enforcement has asked him to do.  He stated five different Code Enforcement Officers visited Mr. Human and they all told him something different in reference to what needed to take place; Mr. Human has spent a lot of money trying to come into compliance; and he is now totally in compliance.  He advised Mr. Human has paid the administrative fee of $504; and he is asking the Board to waive the fines imposed by Code Enforcement while Mr. Human was coming into compliance.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to appoint Jerry Hadlock, Jr. as a citizen member to the Value Adjustment Board, who is a homesteaded property owner. Motion carried and ordered unanimously.

 

 

 

Commissioner Nelson stated the East Central Florida Regional Planning Council is proposing to give a reduction this year, but he needs to explain how the reduction occurs.  He stated two years ago the Board was paying 23 cents per-capita; it was reduced  this past year because of budget considerations by the Regional Planning Council to 21 cents; and based on the Board’s direction he and Commissioner Voltz went to the Regional Planning Council and said the Board would like to see an 11 percent reduction of the amount being paid this year.  He advised the Regional Planning Council has gone back up to the 23 cents and then reduced it by 11 percent; that means it is approximately what the Board paid last year; and he does not think that was consistent with the Board’s direction, which is that it expected to see an 11 percent reduction from what it paid this year, even though it was a reduction beyond what was charged two years ago. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve an 11 percent reduction on the per-capita multiplier over the current year’s amount as the amount the Board is willing to pay to the East Central Florida Regional Planning Council.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough stated he would like to remove the language in the Agreement regarding the Federal Contract Lobbyists. 

 

Commissioner Colon stated John Thrasher has done an incredible job for Brevard County; and she would like to put together a certificate of appreciation to Mr. Thrasher for going above and beyond.  She stated she will put together a Resolution and present it to Mr. Thrasher on October 30, 2008.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve an Agreement with John Thrasher/Southern Strategies Group; and remove language in Agreement regarding Brevard County’s Federal Contract Lobbyists.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to acknowledge the Brevard County Comprehensive Annual Financial Audit Report for the fiscal year ended September 30, 2007.  Motion carried and ordered unanimously.

 

 

*The Board recessed from 12:00 p.m. to 1:10 p.m.

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

 

 

 

Chairman Scarborough welcomed Volusia County Commissioner Jack Hayman.

 

Jack Hayman stated he would like to share an exciting proposition with the Board that opens the door for both Volusia County and Brevard County to do what is right in terms of growth management in the region.  He stated as the Board knows, the Miami Land Corporation, which is approximately 60,000 acres that is in both counties, has the potential for 10,000 ranchette unit development in accordance with the current comprehensive planning.  He advised the Chairman of the Board of the Miami Land Corporation, nor the Board members, want to do that; what the Corporation wants to do is develop something that is in keeping with the vision of Brevard County and Volusia County; and the Volusia County Commissioners and the Miami Land Corporation are looking at how to address the problem of consistency in concurrency.  He stated it is time for Brevard County, Volusia County, and the Miami Land Corporation to sit down and begin the dialogue that will produce some sort of joint planning agreement that will allow the Miami Land Corporation to meet its strategic vision in compliance with the comprehensive plans of Brevard and Volusia Counties, along with land development codes.  He stated he is asking the Board to join hands with Volusia County and help the Volusia County Board in its efforts to create a Memorandum of Understanding on how to proceed in the future.  He stated the two counties will be looking at the offer made by the Miami Land Corporation to pay for a third-party planning consultant to help the county staffs to bring together the holistic outcome; and that is a significant achievement.  He noted DCA has not always been receptive; but he knows the region is running out of water, transportation corridors, and money to do the infrastructure that is needed; the State Legislature has told the local politicians they are encouraging the municipal jurisdictions to absorb all of the future growth through a re-development process; and that is a tremendous burden because the municipalities have infrastructure needs.  He stated Volusia County is trying to cut down on sprawl; some critics say if that area is developed it will be sprawl; but there is a rural type of development that is more suited than sprawl.  He stated he would be happy to answer any questions for the Board. 

 

Chairman Scarborough stated Brevard County is going to change tremendously; Viera is approximately 20,000 acres; but the Miami Land Corporation’s property is three times the land mass of Viera; and it would be nice for Brevard County to work with Volusia County on the project.  He stated he and Commissioner Hayman received a commitment from the Miami Land Corporation that the two counties could put a scope of service together for an A&E firm; that consultant would work with the counties joint staffs; both counties would have to agree on the scope of service and the selection process so that both counties will be on equal footing; and if Brevard County works as a partner with Volusia County, it can be a success.  He stated staff has advised him the Board can get something back in two weeks from Volusia County; and what is needed from the Board today is permission for Brevard County staff to work with Volusia County staff. 

 

*Commissioner Colon’s presence was noted.

 

Mr. Hayman stated it is not an event that is driven by timelines; the whole program is driven by milestones; and because of that, the two counties are in the best position to take the leadership and to make good solid decisions. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission for Brevard County staff to work together with the staff of Volusia County to put together a scope of service for an A&E firm to study development opportunities of land located in Volusia and Brevard Counties owned by The Miami Land Corporation; and direct staff to bring a Memorandum of Understanding to the Board on October 28, 2008.  Motion carried and ordered unanimously.

 

 

 

Commissioner Bolin stated she has been working diligently on the Ponce de Leon Project; she has found that for her to proceed as she needs to, she has to make some changes; one change is that she is going to be working with the TDC; and because she currently sits on the TDC, it has become apparent she will be in violation of the Sunshine Law.  She stated she would like the permission of the Board to be able to step down early from her assignment to the TDC; and she would like to appoint Commissioner Nelson to replace her on the TDC; and she would also like permission to travel as it relates to the Ponce de Leon Project. 

 

Motion by Commissioner Nelson, seconded by Commissioner Colon, to appoint Commissioner Nelson to replace Commissioner Bolin on the Tourism Development Council; and grant permission for Commissioner Bolin to travel in regards to the Ponce de Leon Project.  Motion carried and ordered unanimously.

 

 

 

Nicholas Steffens stated he represents Guishard, Wilburn, and Shorts, LLC, which received a limited Power of Attorney from Richard Martell, who was an Executor of the estate of Ms. Lillian Martell who owned property in Brevard County.  He advised the property was sold at a Tax Deed Auction; in approximately 2004 there was a surplus from that meeting; but the debt owed on the property was exceeded by the purchase price in the amount of slightly over $22,000; and Guishard, Wilburn and Shorts, LLC contacted Mr. Martell and began the process of assisting him in collecting those monies in turn for a finder’s fee.  He stated when it was determined that Mr. Martell was not the actual owner, but instead the Executor of the estate, Guishard, Wilburn and Shorts, LLC retained him and his law office in assisting in filing the proper documentation relating to the estate in order to have the monies dispersed.  He noted on October 23, 2004 Guishard, Wilburn and Shorts presented him with the materials for him to submit.  He advised typically, what would happen is those documents would be received, the Statute of Limitations would be satisfied at that point, the money would have been held while he had the proper documentation relating to the Probate released the surrogate’s court in Rockland County in Rochester, New York; but due to some confusion the documentation was never received by Brevard County.  He advised he spoke with Tax Deed Clerk Ms. Guittar previous to filing the documents; but he did not follow up with Ms. Guittar to see if she received them; and sometime later he had what he believed to be the property documentation released.  He stated he believes Ms. Guittar agrees that Mr. Martell was the Executor of the estate and the proper person to receive those monies at that time; Ms. Guittar sent him a letter stating she never received the initial documents and therefore, the Statute of Limitations has passed; Mr. Martell and Ms. Martell’s estate should not be the victim; and there was a good faith effort to have the documents completed; but unfortunately, it took a long time to get the documents out of the surrogate’s court in New York.  He stated he would like to ask the Board to excuse the two-year Statute of Limitations and release the monies to the estate of Lillian Martell; the Board has the authority to do that, as it is currently in possession of the funds; he would prefer not to have to go to court and seek a declaratory judgment; he is sure the Board would prefer to avoid that as well; and neither Mr. Martell or the estate did anything wrong.

 

County Attorney Scott Knox advised he has had a chance to look at most of the documents Mr. Steffens has provided; and he provides an accurate picture of what he conceives to have happened.  He noted the Clerks records reflect that the claim letter making the claim for the surplus funds for the estate did not come until after the two-year Statute of Limitations had expired; the money had already been transferred to the Board’s bank account; and now Mr. Steffens is asking the Board to all the facts he has given it and for the Board to show him mercy by refunding the $22,000.  He stated the Board does not have to do that; but he thinks the County Attorney’s Office needs to look in more detail at the documentation it has received; and his office would need more time to make sure it gets everything it needs.

 

Mr. Steffens stated he would be happy to work with Attorney Knox on the issue.  He stated his office is in Broward County and it is quite a distance to travel to Brevard County; and inquired if today could be his only appearance.  Chairman Scarborough stated Mr. Steffens can discuss it with Attorney Knox. 

 

 

 

Stuart Buchanan, Planner II, stated the Board of County Commissioners directed staff to begin work on the Small Area Study after receiving a number of different applications and citizen input; the EMI SAS (East Merritt Island Small Area Study) is a more intensive look at the area than what was done when the Comprehensive Plan was originally written; and staff looked at the North and South East Merritt Island area, which is bound on the north by the Barge Canal, the south by Horte Point, the east by the Indian River, and by Newfound Harbor on the west side.  He stated staff linked the data to the level of service standards found in the Comprehensive Plan; the standards include things like fire, law enforcement, transportation, and natural resources; and staff reviewed the patterns of development, which included things such as single-family versus multi-family development.  He noted two committees were formed by the Commission; one was for the north area and one was for the south area; there were a total of 16 committee meetings; and the item appeared before the Local Planning Agency where it was recommended for approval.  He stated staff looked at the existing pattern for land use; much of the area was built out as single-family subdivisions; but the land use assigned to it was a higher density; for example, in the north and south area most of the subdivisions were built in Residential 4 or Residential 6, but the actual land use assigned was Residential 15; and staff tried to right-size the areas and reduce the Future Land Use to what was actually built.  He advised in the north area there were some larger vacant parcels; one was recently purchased through the EELs Program; and there were also a number of public purchases.  He noted the south area is very different with the bulk of it being Residential 15; the number of vacant lots were scattered; and there were not any large concentrations of vacant land.  He noted the Committees came up with recommendations to: 1.) Initiate Future Land Use Map amendments to reduce the residential densities to developed properties in the study area;  2.)  to initiate Future Land Use Map amendments on undeveloped properties to be compliant with Zoning so that future development would not exceed the current Zoning allowances;  3.)  that no additional Neighborhood Commercial Future Land Use designations would be permitted in the South study area; the Committee and citizens felt the existing commercial property south of S.R. 520 met their needs, and if there were any applications to change the Future Land Use to extend the commercial farther into neighborhoods, they would be opposed;  4.)  no additional Community Commercial land use designations outside the Merritt Island Redevelopment Area as the residents feel the amount of current community commercial property serves their needs, and any additional commercial area would encroach into the neighborhoods;  5.) South Banana River Drive should not be reconstructed to increase roadway capacity;  6.) perform a preliminary engineering analysis of the actual capacity of South Banana River Drive based upon existing conditions; 7.)  construct any missing sections of the existing bicycle/pedestrian transportation system within the study area, subject to funding; and 8.)  to implement the study recommendations through the Comprehensive Plan Amendment process during the Spring amendment cycle in 2009. 

 

Commissioner Nelson stated last week the Board dealt with the issue of the Vested Rights on property owned by Mr. Zajdel; what is in the plan currently has a recommendation that complicates the issue; he has spoken to Mr. Zajdel about how to deal with it; and his recommendation is to pull Mr. Zajdel’s property from the Study with the intent of authorizing the County Attorney to begin the negotiation process to resolve the litigation that is also pending, which includes up to acquisition because that is one of the potential options. 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to direct staff to remove Alan   Zajdel’s   property   from   the   study;   and   authorize   the  County  Attorney to begin the negotiation process to resolve the pending litigation with Mr. Zajdel’s property, up to and including acquisition of the property.  Motion carried and ordered unanimously.

 

County Attorney Scott Knox advised the Board voted to deny the Vested Rights at the last meeting; under the County’s Ordinance there is a 30-day period to bring back a written order on that, which is prepared for October 28, 2008; and inquired how the Board wants to handle that.  Commissioner Nelson stated it should continue its normal process because it is not going to change anything and it was a Board action.  He inquired what it will give Mr. Zajdel the ability to do; with Attorney Knox responding Mr. Zajdel will be able to litigate. 

 

Commissioner Nelson inquired if Mr. Zajdel understands what the Board has done; with Mr. Zajdel responding yes, and it is acceptable.  Commissioner Nelson stated it is a good way to resolve the issue and the community would be very receptive to public ownership of the land and in resolving all the issues.

 

Kevin Markey stated he does not have any public comment at this time.

 

David Biega stated he is in support of the adoption of the Small Area Study; he was a member of the Committee; one of the things that was not looked at and what he is concerned about is the issue of working waterfront; he purchased his property 30 years ago to live there in his retirement years; since he purchased the property several nearby marinas are either out of business or are going out of business; and the consideration of not taking away working waterfront and building condominiums is high on his list of priorities. 

 

Commissioner Nelson thanked Mr. Biega for his service on the Committee; and stated he would like everyone who served on the Committees to identify themselves when they speak.  He advised Ernie Brown, Natural Resources Management Director, is actively pursuing working waterfronts; and while it may not be addressed in the study, it is still an issue the Board has a lot of concern over and would like to not lose any more working waterfronts. 

 

Bob Bret stated he is the President of the East Merritt Island Homeowners Association; the Association is glad to see the Small Area Study happen; and the Association recommends approval.

 

Antonio Rovira stated he is in complete agreement with the Small Area Study and it should be accepted by the Board; and commented on the thorough job done by the Planning and Zoning staff.

 

Karen Biega stated she approves of the adoption of the Small Area Study; and she is pleased with how well the process has gone and that it resulted in a wonderful product.

 

Richard Stevens stated he contributed some time on the Committee in the North Study Area; and he would like to join his neighbors in recommending the Board approve the Small Area Study for inclusion in the 2009 Spring Comprehensive Plan Amendment.  He stated County staff did an excellent job of supporting the residents; and the Committees looked at all the elements the County brings together in order to help a community grow and prosper.

 

Janet Bryant stated she would like to request that the Board accept the Small Area Study; and she served on the Committee for the South Area of East Merritt Island. 

 

Karen Thime stated East Merritt Island is a unique area; with the Small Area Study, the aura in East Merritt Island will be maintained; and she would appreciate it if the Board approved the Small Area Study.

 

Arthur Christianson stated he would like to request that the Board approve the Small Area Study; and he appreciates the work Commissioner Nelson has done for Merritt Island.

 

Bill Hillberg stated he lives in North Merritt Island; but when he first moved to Merritt Island he lived on the south side of S.R. 520; and he is well aware of the thoughts and desires in the area. He stated he hopes the litigation with Mr. Zajdel’s property does not hinder a decision because it is important to pass the Small Area Study.  He stated he is in support of the Small Area Study and he hopes the Board approves it. 

 

Ken Klein stated his property backs up to Mr. Zajdel’s property; he is not sure he understands what happened with pulling out Mr. Zajdel’s portion of the Study; but he supports the Board for doing that; and he supports the Study and urges the Board to adopt it.  Commissioner Nelson advised pulling Mr. Zajdel’s property out of the Study will allow the County and Mr. Zajdel flexibility to resolve the issues; and he thinks it is in the public’s best interest.

 

Arlene Klein stated she would like to compliment the efficiency of how the Board has handled the meetings pertaining to the Small Area Study; the Board seems to be very fair; and she appreciates the Board listening to the public.  She stated she urges the Board to adopt the Small Area Study as it is urgent and needs to be sent to Tallahassee as soon as possible. 

 

Chris Scheetz stated the Small Area Study as it is written will have a positive impact on the community; and the resulting report will be an important tool in smart growth and securing the quality of life in the area.  He gave a brief history of how the Small Area Study began; and requested the Board approve the Small Area Study.

 

Kathy Scheetz  stated she is the Chairperson for the South Side Committee; and she would like to talk about safety because it is the objective of the County.  She stated safety remains the underlying factor of the Committee’s conclusion; both roads flood regularly on the South side, as well as the North side; and the recent Tropical Storm Fay caused an impassable situation on Newfound Harbor Road and all traffic was diverted to South Banana River Drive, which is an older road.  She stated she would like to thank County staff for the hard work that was done on the Small Area Study; and she urges the Board to approve the Small Area Study.

 

Commissioner Nelson expressed appreciation to Ms. Scheetz for Chairing the South Committee; and stated Ms. Scheetz has a level of detail and understanding that is incredible for someone who does not deal with it on a daily basis. 

 

Elizabeth Christanson stated her property is next to Mr. Zajdel’s property; and now that Commissioner Nelson has removed Mr. Zajdel’s property from the Small Area Study most of her speech is no longer valid.  She expressed appreciation to Commissioner Nelson for working with Mr. Zajdel to get the issue resolved; she appreciates all the time and hard work everyone has put into the Small Area Study; and she would request the Board approve the Study.

 

Steven Webster stated with the economy the way it is right now people are losing tangible property stock that was valued at $100 one day and $10 the next day; the Small Area Study protects how the property exists today and what people believe it will be tomorrow; and the citizens are trying to prevent the wild fluctuations that overly dense property development could do to a person’s home.  He stated the Small Area Study is a good step in protecting people and their homes; he appreciates everyone’s cooperation in the Study; and it is a plan the Board needs to adopt and move forward with. 

 

Mary Hillberg stated she is the Chairman of the North Committee; it took a lot of time and effort; she would like to thank Commissioner Nelson for his support; Mr. Buchanan has been invaluable; and she would like to thank Steve Swanke, Robin Sobrino and staff for everything they have done for the Study. 

 

Commissioner Nelson thanked Ms. Hillberg for being the Chair of the North Committee; and stated Ms. Hillberg and Ms. Scheetz did a great job on the Study.

 

Maureen Rupe expressed appreciation to the Board for implementing the Small Area Studies in Brevard County; stated there is a concern that the days of less rapid growth have ended, but it will return; and without proper management the pace of population growth will overwhelm the area.  She stated she read the Brevard County Water Supply Plan; the Plan is in addition to State Statute 163 that mandates County and City water suppliers craft a 10-year plan for potable water due to the dire need now and in the future for fresh, clean water; and she found a reference to the Mims Small Area Study, which stated the reductions in density are expected to result in an 85 percent reduction of future potable water demands.  She stated the reference to the Mims Small Area Study shows the vital importance of the studies, as they are crucial to the overall plan to have a successful County and maintain quality of life. 

 

Commissioner Colon expressed appreciation to Ms. Rupe for being a champion when it comes to protecting the community; and stated Ms. Rupe, Ms. Hillberg, and Ms. Scheetz have all been incredible champions for Brevard County.  She advised she would like to put together a certificate of appreciation to Ms. Rupe, Ms. Hillberg, and Ms. Scheetz; and she is proud of all three of them. 

 

Commissioner Nelson stated it was his pleasure to have been on the Board when the Small Area Study became a possibility; he expressed appreciation to everyone who served on the committees because it was a significant amount of time; and he appreciates the fact that there were divergent views that everyone seemed to work through.  He stated the community focused on right-sizing and property rights; that is critical because in this process, if property rights are not respected, then the outcome is not going to be something that people can be proud of; and the Committees never wavered from that.  He stated he would like to thank County staff, Mr. Buchanan, and Steve Swanke who did a great job of pursuing the Study; and it has taken a while to get to this point, but it has been worthwhile and is a new starting point for that area of Merritt Island.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt the East Merritt Island Small Area Study; and direct staff to implement the Study’s recommendations. Motion carried and ordered unanimously.

 

 

Robin Sobrino, Planning and Zoning Director, clarified that although the recommendations in the texts were correct, there were a couple of mistakes in how they were depicted on maps S16 and S17; and she wanted the Board to know it was being inserted as corrected.

 

Assistant County Manager Mel Scott stated there had been some questions about the County’s ability to collect yard waste that has been bagged curbside and brought to the facilities; he had a conversation with Ron Zier, who is one of the managers with Bell Corp, which is the County’s subcontractor that is at the three transfer stations in the County; Mr. Zier also works in Polk and Orange Counties where they process bagged yard debris in two fashions.  He advised in Orange County they use a trowel screen methodology where they are put on a conveyor belt with two-inch screening; what has been found though, is that the bags are ground up with the yard waste and the material is used for cover at the end of the day in the landfill; and it only takes approximately 35 percent of the plastic out of stream.  He noted Orange County is not ultimately trying to prepare the material like Brevard County is, to sell to an electric plant for energy; and Orange County has a different user in mind and finds that degree is acceptable.  He advised Polk County has manual disaggregation; bagged yard waste is brought to the site and they manually separate the bags from the waste with 98 to 100 percent effectiveness; and they get a clean stream from that.  He stated Mr. Zier is going to provide a memo by the end of the week that will break down the cost if the Board wants to further investigate the issue; and by the end of the week staff will be preparing for the Board’s dissemination a cost break down from Bell Corp to manually, at the County’s site, take the bags, separate the plastic from the waste and then continue on so that waste stream can be pure and make it to the end use, which is converting the waste to energy.   He stated separately, Item VI.A., proposes to amend Chapter 94 of the Solid Waste Section of the Code, which is intended to bring in line the current practices and various State definitions to make the local Codes uniform with the State. He stated if the Board is comfortable with the investigation that staff has done this afternoon, staff will also move forward in that regard.

 

Commissioner Nelson stated he does not want to hold up the ordinance.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Ordinance amending Chapter 94, of The Code of Ordinances of Brevard County, Florida, entitled “Solid Waste”; specifically amending certain definitions in Section 94-1; amending Section 94-3 violations; amending Section 94-4 Enforcement and Penalties; amending Section 94-32 Mandatory Collection of Solid Waste; amending Section 94-46 relating to requirements governing removal of Solid Waste from residential improved real estate properties; amending Section 94-47 Residential Receptacles, Improper Receptacles, Collection Point; adding new Section 94-49  Yard Trash Collection; amending Section 94-61 requirements governing removal of Solid Waste from commercial properties; amending Section 94-76 relating to requirements for disposal and removal of construction and demolition debris and land clearing debris, limited exemptions for onsite disposal, limited exemption for onsite incineration; amending Section 94-92 revoking provision requiring annual recycler registration; adding Section 94-43 requiring permits for roll-off collection service permits; adding Section 94-94 setting out provisions for issuance, denial, transfer of permits; adding Section 94-95 setting out provisions for permit renewal; adding Section 94-96 setting out provisions for permit revocation, hearings; adding Section 94-97 setting out general conditions for roll-off collection service permits; amending Section 94-166 Disposal of Solid Waste; deleting Section 94-168 Solid Waste Management Facility Permits Required; amending Section 94-197 Disposal Prohibitions; amending Section 94-277 payment of deposits, special rates, delinquency, collection, exemptions; providing for Resolution of Conflicting Provisions; providing for severability; providing for inclusion in the Code of Ordinances of Brevard County; and providing for an effective date.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated he would like to request permission from the Board to continue to work with staff on the issues of bagged yard waste.

 

 

 

Upon motion and vote, the meeting adjourned at 2:22 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)