February 23, 2006 Special
Feb 23 2006
MINUTES OF THE MEETING OF THE BOARD OF
February 23, 2006
The Board of County Commissioners of
REPORTS, RE:
County Manager Peggy Busacca stated the Florida TODAY Newspaper headlines say, “Brevard County is Number One in U.S. Job Gains” and read aloud, “Brevard County has the strongest overall job growth in the country according to a just released ranking of the 200 largest U.S. metropolitan areas. Last year
PERMISSION TO OBTAIN TITLE SEARCHES, APPRAISALS, SURVEYS, AND
ENVIROMENTAL STUDIES, AND NEGOTIATE FOR ACQUISITION, RE:
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to grant permission to obtain title searches, appraisals, surveys, and environmental studies, and negotiate for
acquisition of property for
REPORT, RE: LOCKHEED MARTIN CORPORATION
Commissioner Pritchard commented on the news given at Cape Canaveral Airforce Station that Lockheed Martin Corporation would be moving its potential assembly to
REPORT, RE: TOP 10 THOUGHTS TO PONDER FOR 2005
Commissioner Pritchard commented on an email he received on the top ten thoughts to ponder for 2005; and read the top three aloud to the Board.
REPORT, RE: GRANT SEAFOOD FESTIVAL
Chair Voltz stated the Grant Seafood Festival will be held this weekend; and urged everyone to attend.
REPORT, RE: CRICKET TOURNAMENT
Commissioner Colon stated the Cricket Tournament will be held this weekend; it will be versus
REPORT, RE: GALA FOR HARRY T. MOORE
Commissioner Colon stated Saturday night is the gala for Harry T. Moore; it is an entire year of celebration for Harry T. Moore; and people need to watch as there are a lot of events occurring.
REPORT, RE:
Commissioner Carlson stated
REPORT, RE: MARDI GRAS IN
Commissioner Pritchard stated there is a Mardi Gras in
REPORT, RE: WINEGARD ELEMENTARY IN
Chair Voltz stated she received an invitation from
PRESENTATION, RE: DEVELOPMENT OF CLASS III LANDFILL LOCATED AT THE
192 SITE COMPARED TO THE J.E.D. FACILITY (OSCEOLA
LANDFILL)
Solid Waste Management Director Eurpides Rodriguez stated this is a follow-up to the August 2005 workshop; the requested Board actions are to provide direction regarding the future of the Class III disposal; and Class III disposal is construction and demolition material, furniture, and inner material that does not decompose easily. He noted in 2003 there was a Solid Waste Management Plan, which is similar to a C.I.P. Plan, and it looks at the Solid Waste issues for 25 years, funding mechanisms, and capital improvements the system needs. He advised staff has looked at different options; and at the end of the workshop he hopes to proceed with a Solid Waste Master Plan and implement any other directions the Board gives. He stated at the August 18, 2005 Workshop the Board requested staff look at the cost of using the 3,000-acre site (Deseret) vs. J.E.D. private facility, the maximum buildout of each facility, and time it will take to develop the site; and today staff will do an introduction and background of the Solid Waste Management System, planning objectives of the system, a presentation of the study the Board requested, and will request future direction from the Board. He stated the Plan projects the disposal needs of the County for the next 25 years, evaluates the current facilities, recommends a plan of action to address the projected 25-year disposal needs, sets forth a 5-year C.I.P. plan, and projects funding and financing needs to implement the Plan. He stated Sam Levine, a representative of S2L, Inc., who did the study, is going to do the technical part of the presentation; and he will be back to do the conclusion.
Sam Levine stated Class I waste is the squishy stuff a person puts out by the curb; the Class I waste for the northern part of the County is accepted at the Titusville Transfer Station; waste from the central part of the County is accepted at the Central Disposal Facility; and waste from
the southern part of the County is accepted at the Sarno Transfer Station. Mr. Levine advised Class III waste is like a brick; the largest component of Class III waste is construction and
demolition debris; a lot of the waste collected after the hurricanes was Class III waste; and the County Class III waste is accepted for disposal at the Central Disposal Facility and at the Sarno Road Landfill. He advised special wastes could be coming from Class I or Class III waste; and they are special because they need to be managed in a special manner. He stated part of a Solid Waste Management Plan is looking at not only the waste there is now but at the waste the County will have in the future; and it is projected that over the next 25 years Brevard County will grow by approximately 40%. He stated the Class I waste that is accepted at the Titusville Transfer Station is put into a transfer vehicle and transported to the Central Disposal Facility; and the Central Disposal Facility is the only Class I disposal facility within the County so even the Class I waste at the Sarno Transfer Station is transported to the Central Disposal Facility. He stated Class III waste is disposed of in two locations; in the central part of the County the Class III waste goes into the Central Disposal Facility where it is co-disposed with Class I waste; and in the southern part of the County Class III waste goes directly into the Sarno Road Landfill. He noted at the August 2005 Workshop various expansion alternatives were looked at for the Sarno Road Landfill; the hurricanes hit and sapped about 20% of the remaining life away from that landfill; there are about five and a half years of remaining life; and in 2012 in the absence of any expansion, the Sarno Road Landfill will achieve its capacity. He advised once the Sarno Landfill reaches capacity, to transfer the Class III waste to the Central Disposal Facility would cut that landfill’s life by about five years; and by the year 2030 all of the disposal capacity within the County would be exhausted. He stated the U.S. 192 Site (a.k.a.
Mr. Rodriguez stated the southern part of the property is for the Class III facility to replace the Sarno Road Landfill; the transfer station and household hazardous waste center would also remain there; the development of the U.S. 192 site would cost approximately $1,200,000 for the pre-design work, $3,900,000 for permitting and design, and $21,000,000 for construction effort; and the $21,000,000 includes cells and structures such as roads that would be used in the second phase but are necessary in the first one. He advised it will take approximately six years to complete; it normally does not take this long; and this is only an estimate. He stated the
J.E.D. facility is a private facility, owned and operated by Waste Services, Inc. and is located 25 miles from the Brevard/Osceola County line; it presently manages approximately 4,000 tons of waste; there are at least 20 years of capacity; and they have the ability to expand by buying land surrounding the facility. Mr. Levine noted staff visited J.E.D. and asked what would be a good price per ton of waste to make the cost comparison; the response was $23.05 per ton that would be paid at the gate; and
and Option 2 being a haul-out to the J.E.D. facility; the permitting and design phase would have to be paid with cash because if it does not get permitted, there is no reason for the County to continue to have the property; for the construction the County would have to go out for bonds,
possible rate increases, and sale of northeastern and southern properties at the Sarno Road Landfill; and to go to the J.E.D. facility it would have to be cash, rate increases, sale of the northeastern and southern properties at Sarno Road Landfill, and sale of the U.S. 192 site to pay off existing bonds. He noted a comparison was done for 20 years and they inflated both costs at the same rate; the development of the U.S. 192 site was at $99,200,000; and to haul out to the J.E.D. facility would be $199,500,000. He stated with Option 2 the transfer station and hauling costs would have to be added in, noting that Class III materials are not hauled; they would also add the disposal fee of $22.88 versus $27.55; and staff inflated the costs because there is not any contract with a private facility that does not have an inflation clause in it. He stated the U.S. 192 site may provide an additional 31 years of disposal capacity or until the year 2066; initial development is estimated to be up to six years and $26,000,000 in 2006 dollars to accept Class III waste for disposal (Phase I development); the J.E.D. facility offers at least 20 years disposal capacity; and the 2006 disposal fee starts at $23.05 per ton. He noted staff concluded that the development of the U.S. 192 site is more economically feasible than a haul- out to the J.E.D. facility; the transfer station will stay where it is; the household hazardous waste facility that is going to be built there will stay where it is; and the mulching facility and the landfill itself will be closed down and moved over to the U.S. 192 site. He stated the northeastern and southern parcels will be put up for sale; there have been people who have indicated interest in buying the southern parcel; and staff has talked with the City of
PUBLIC COMMENTS
James Payne advised he works with Deseret Ranch’s Farmland Reserve, the owner of the property surrounding the U.S. 192 site and the former owner of the U.S. 192 site. He noted the County condemned the U.S. 192 property and then tried to permit it; Deseret Ranch filed an administrative appeal to the proposed permitting of the property; a lot of environmental information had been collected; and it was determined it was not an appropriate site for a landfill. He stated he maintains it is not an appropriate site because of some of the environmental conditions; U.S. Fish and Wildlife said there may be a problem with the site because of the crested caracara found on the property at one time; and if an acceptable alternative was available, it would be hard to grant a permit for the site. Mr. Payne noted since that happened, the J.E.D. site became available; it became an alternative site; if the County elects to go forward with the permitting, that would be one issue that would have to be addressed; and since it is on the Osceola/Brevard County line, it could impact Osceola County as well as Brevard County. He noted the last time the County went out for an RFP to address the solid waste needs none of the respondents proposed to use the U.S. 192 site; according to the Master Plan there are only about 520 acres out of the 3,000 acres that could be used for the landfill; and inquired if the full 3,000 acres are needed for the site or if much less could be
utilized. He stated the Class I wastes are all placed upon the border of the Deseret property on the north end; if a landfill were to go into that site, it would be nicer to have the buffer area around the neighbors rather than along the highway; at one time there was talk about having a facility on the south end of the County closer to Palm Bay; and suggested the Solid Waste Department examine other options that may be available particularly for construction and demolition disposal. He stated the owner of the Deseret Farmland Reserve has always maintained the U.S. 192 site is not appropriate; his son worked one summer on that property when he was a Boy Scout; he was fulfilling one of the requirements to identify various animals and species; and it took only 15 minutes to find all of the animals he needed to satisfy the Boy Scout requirement.
DISCUSSION, RE: DEVELOPMENT OF CLASS III LANDFILL LOCATED AT THE 192
SITE COMPARED TO THE J.E.D. FACILITY (OSCEOLA
LANDFILL)
Commissioner Pritchard stated he is going to ask questions from a business perspective as it looks like there is a park being developed; there are 3,000 acres and the County is looking for a 520-acre footprint with the rest of it set aside in a variety of other uses; and inquired why has the footprint not been expanded so the taxpayers’ investment in the property is maximized.
Solid Waste Management Director Euripides Rodriguez responded apart from the footprint, a stormwater piece is necessary to get dirt in order to start up the landfill and use it for cover material; it is cheaper than bringing dirt from somewhere else; and it becomes a business decision on whether it is cheaper to destroy the wetlands, mitigate, or preserve them. He advised the footprint could probably be made better; staff tried to get a balance to what it thought it would cost to mitigate in the future; it needed some buffer around the facility; and the best solid waste facility is the one that is kept relatively clean and out of sight.
Commissioner Pritchard inquired what the cost of that other area may be versus the cost of mitigating another 500 acres on this site. Mr. Rodriguez stated when a conceptual plan is created the end result in 20 years may not look anything like what it looks like presently; it is driven by how much space can be utilized; and in 30 years another cell can be created. He advised he wants to give the Board the best picture he can as of right now; he cannot tell it in 30 years the rules will not change; and he does not know if the property will have to be mitigated. He stated it does not make sense to destroy the property at this point in time because now a lot of money is being invested upfront and making the current users pay for something that users in 30 years will be paying for is not fair.
Commissioner Pritchard stated he hopes that technology will finally come around to where it does not cost more to produce the fuel; he likes what staff has done; he prefers Class I waste; and he would rather see it further off of U.S. 192. He added anything to buffer the sight of it is good.
Mr. Rodriguez advised staff had gone out for a permit for Class III waste on the site over a decade ago; the permit no longer exists; and the permit only has a 5-year life.
Chair Voltz inquired if the permit was approved; with Mr. Rodriguez responding it was approved for a Class III facility. Mr. Rodriguez stated it gives staff a good indication that a permit will be issued for this.
Commissioner Pritchard inquired if when the County purchased the property in 1990 it advised
Commissioner Carlson inquired if the stormwater pieces have to be there in order to build the facilities. Mr. Rodriguez responded that is correct; the footprint of the landfill cells is around 600 acres; the stormwater must be contained inside the site; and the lakes will have to be dug up. He stated the site must also have dirt; it is cheaper to dig it up onsite; and the stormwater piece is created and the dirt is gotten from digging the stormwater portion. Commissioner Carlson inquired if there are problems with other counties, such as
Commissioner Carlson inquired if any nests were identified since it was not noted in the study. Toland Environmental Consulting Representative Brian Toland responded the time of the cursory investigations was not the prime nesting period for the caracara, although there is a historical documented caracara nest; there is a protocol that he recommends following to
document any caracara nests or foraging habitat; then they would invoke the Fish and Wildlife Service Nest Protection Guidelines; and an alternative analysis is not necessary unless there is the possibility of proposing an incidental take of a caracara nest site. Commissioner Carlson inquired what time of the year did he go out to the site; with Mr. Toland responding during the winter. S2L Representative Sam Levine stated there is a guideline for establishing a 1,000-foot
protection buffer around any known active caracara nests; that has been considered; as far as foraging habitat, caracara are compatible; and they will look at the more sensitive nest sites.
Chair Voltz stated there has been talk for many years about a transfer station in the south end of the County; and inquired if there would be a need for one if the Board approves going forward with the U.S. 192 site. Mr. Rodriguez responded there will be a need for it; there are two variables, which are the distance and traffic generated in the future; a yard waste facility will be needed in the future; and yard waste is light, bulky, and costs a lot to transport. He advised it would depend on how the southern area of the County develops; it will drive whether the transfer station is needed; and staff is in the process of updating the study regarding a potential location for the transfer station. He added staff requested the engineer who did the study before to come up with a proposal for it; the proposal has been submitted; staff is looking at it now; and it will be coming to the Board for approval.
Chair Voltz inquired if there will be an RFP for hurricane debris. Mr. Rodriguez responded because of the hurricanes approximately 2 ½ years were lost on the present site; the Sarno Road Site has never returned to what used to be the normal level of activity; and he requested permission to develop Request for Proposal for disaster situations. He further advised by taking construction and demolition debris to a private landfill, it will fulfill the life expectancy and lower the cost.
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct Solid Waste Management Director Euripides Rodriguez go out for RFP for disposal of solid waste material under emergency conditions such as a hurricane.
Commissioner Carlson stated recycling has been brought up to the Board recently; and inquired how much of the landfill space is being saved currently through the recycling effort, and how
many years could be added on if there was no recycling. Mr. Rodriguez replied the majority of the recycling efforts are geared towards Class I material; there is very little geared towards the Class III material; there are other areas in the State and Country where it costs a lot to dispose of material; and it would add months of life expectancy but not years by not recycling. He advised there is recycling in the landfill; metals and yard wastes are sorted out and they do not go into the landfill; the recycling efforts would still continue; and it pays for the landfill to recycle all of the metals and batteries. He noted yard waste is banned from a Class I facility; another ban is going to be on treated wood; it will not be allowed in the Sarno Landfill; and it will have to be transported to the Cocoa Landfill.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.
Commissioner Pritchard stated when he went to the Sarno Landfill there were eagles, osprey, and all kinds of scavengers; staff mentioned dividing off a few areas at the Sarno Landfill and selling them to Melbourne or Wuesthoff; and inquired what could the County get for them. Mr. Rodriguez replied the price of land is on the uprise in the area; it would be zoned to a less intensive use such as industrial or commercial; the County could probably get the $7,250,000 that was paid for it; and in five or six years from now the County could possibly get $9,000,000 for what is left of the property.
Commissioner Pritchard noted the County could make a little money off of the Sarno Landfill property that would help offset the cost of developing Deseret; staff’s concern is the permitting for
Commissioner Pritchard inquired what staff needs from the Board. Mr. Rodriguez responded staff needs direction on whether to proceed to look at the U.S. 192 site so all efforts can be focused on that; and when staff comes back to the Board with permission to proceed with the Solid Waste Management Plan, it can discard all of the other options and focus on that on.
Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to direct Solid Waste Management Director Euripides Rodriguez to continue looking at the U.S. 192 site for the purpose of a Class III landfill as development of the site is more economically feasible than to haul out to the J.E.D. facility.
Commissioner Carlson inquired what are the worst case scenarios risk-wise; and what are the costs of the investigation process for permitting and everything else. Mr. Rodriguez responded the con is the money that will be lost on the engineering and litigation at approximately $5,000,000.
Chair Voltz inquired how could the County get out of the construction and demolition business; with Mr. Rodriguez responding it is not mandated that the County participate in Class III waste. Chair Voltz inquired if it would be private haulers; with Mr. Rodriguez responding private developers. Mr. Rodriguez stated in the north area of the County that situation did happen and the landfill was closed; the operator was banned from running a solid waste facility; and there were other enforcement actions. Chair Voltz advised people would be dumping everywhere. Mr. Rodriguez stated construction and demolition debris, as far as residential is concerned, is a part of the assessment; and the homeowners have no reason whatsoever to illegally dump because it has been prepaid.
Commissioner Carlson stated there could be approximately $5,000,000 in the process; and inquired how much of that is on the environmental permitting portion. Mr. Levine responded there is about $2,000,000 put aside for litigation and the other $3,000,000 for engineering and
environmental. Mr. Rodriguez stated he does not know the exact amount set aside for the environmental portion; and a permit will not be issued without checking all of the environmental aspects of the site.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.
Upon motion and vote, the meeting adjourned at 10:30 a.m.
ATTEST: _________________________________
HELEN VOLTZ, CHAIR
BOARD OF
___________________
SCOTT ELLIS, CLERK
(S E A L)