August 5, 2010 Zoning
Aug 05 2010
CALL TO ORDER
Title
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Status
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Arrived
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Robin Fisher
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Vice Chairman/ Commissioner District 1
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Present
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Chuck Nelson
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Commissioner District 2
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Present
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Trudie Infantini
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Commissioner District 3
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Present
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Mary Bolin
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Chairman / Commissioner District 4
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Present
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Andy Anderson
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Commissioner District 5
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Present
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INTRODUCTION TO ZONING PROCEDURE
The Board of County Commissioners acts as a Quasi Judicial body when it hears requests for rezonings and Conditional Use Permits. Applicants must provide competent substantial evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria. Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence. The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area. The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands. If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity, with whom the communication took place before the Board takes action on the request. Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose the fact before the Board takes action on the request. Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board. The applicant may reserve any portion of the 15 minutes for rebuttal. Other speakers are allowed five minutes to speak. Speakers may not pass their time to someone else in order to give that person more time to speak.
The invocation was given by David Dingley, Special Assistant to District 4 Commissioner Mary Bolin.
Commissioner Robin Fisher led the assembly in the Pledge of Allegiance.
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REPORT, RE: RESCHEDULING ACTION AGAINST COCOA RECYCLING FOR LIEN ON PROPERTY LOCATED AT 1415 SCHOOL STREET, COCOA TO AUGUST 26, 2010
Commissioner Nelson stated he would like for Item VI.A., Authorization, Re: Action Against Cocoa Recycling for Lien on Property Located at 1415 School Street, Cocoa, to be rescheduled to August 26, 2010 to allow the owner some additional time to clean up.
Commissioner Infantini stated she had someone go out to the recycling facility today to take pictures; she was told that it looked outstanding; and she believes Code Enforcement thinks a good job has been done with clean up. She stated she would rather make a motion to dismiss, because it does not seem to justify further investigation; she thought the object was to get the people to clean up their facility; and it has been cleaned up.
Commissioner Nelson stated it is cleaned up and there is still some compliance issues that have not been fixed yet; even though it has been made to look better, the health safety issues with DEP have not been completed; and this will give some extra time to identify the issues to ensure compliance.
Commissioner Infantini inquired if it is the County's job to monitor DEP compliance or just Brevard County compliance. Commissioner Nelson advised he has a real problem knowing that there is contaminated soils, neighbors on wells, and the problem is being ignored; the County needs to be in support of DEP to make sure the citizens are safe; and it will be a good discussion to have on August 26, 2010. Commissioner Infantini noted she wanted to make sure the County was not overstepping its authority by stepping into DEP's responsibility to the taxpayers. Commissioner Nelson stated there are some issues there that are still compliance issues; cleanliness is one thing, but compliance with operating procedures and requirements is something else; and they are not in full compliance yet.
The Board reached consensus to move consideration of action against Cocoa Recycling for lien on property located at 1415 School Street, Cocoa, to the August 26, 2010 Board meeting.
PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF JUNE 7, 2010 AND JULY 12, 2010
Chairman Bolin called for a public hearing to consider Planning and Zoning Board Recommendations of June 7, 2010 and July 12, 2010, as follows:
V.B.1. (Z1006201) - ZVONIMIR MATKOVIC AND RADOVAN CVETKOVIC - (Radovan Cvetkovic) - requests a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption (beer & wine only) in a BU-2 zoning classification. Located on the north side of Sea Ray Dr., approximately 150 feet west of North Banana River Drive (1750 Sea Ray Dr., Merritt Island).
Cynthia Fox, Planning and Zoning Enforcement Manager, stated this is an existing internet cafe whose primary clientele is the cruise ship industry; and a Conditional Use Permit is being requested by Last Chance Cafe for beer and wine.
Commissioner Nelson stated he drove past the site today and noticed there are already beer and wine signs in the windows; and there has been no approval for beer and wine. Radovan Cvetkovic, Last Chance Cafe representative, stated there is a permit to sell beer and wine by the package. Commissioner Nelson stated Mr. Cvetkovic came before the Board when the building was originally approved, with a reduction of parking spaces; and there should have been 18, but he only received 10, so he has more than the required parking spaces. He stated he understands the reasoning is because it is the cruise industry folks who are transported to the cafe from the cruise ship by buses and taxis. Mr. Cvetkovic responded that is correct. Commissioner Nelson stated if this request is approved, it allows Mr. Cvetkovic to market to anyone who wants to come in for a beer or a glass of wine; it could be converted into a sports bar and it only has 10 parking spaces, but there is no constraint on it transitioning into some other use, which certainly could have some greater impacts; and he inquired how that issue will be addressed. Mr. Cvetkovic responded the cafe is serving cruise ship individuals exclusively who are in the port for a limited time; and the cafe will be open for that time only. Commissioner Nelson inquired why a sign is needed for transported cruise ship folks that say beer and wine; and why the package provided needs to be advertised. Mr. Cvetkovic responded those individuals do not know that it is available. Commissioner Nelson stated those individuals do not have cars either; his point is those people are being picked up; and it appears to him, Mr. Cvetkovic is trying to attract the traffic. Mr. Cvetkovic mentioned there is a bus company and taxi cabs that actually bring the people to the cafe; those people do not know what is served; there should be some information about what is being served; and it should be posted outside of the services provided. Commissioner Nelson inquired if Mr. Cvetkovic precludes anyone from coming in from anywhere else, such as someone just driving by, seeing the sign, and deciding to stop for beer or wine. Mr. Cvetkovic responded he does not see why he cannot sell a package to the individual if there is parking. Commissioner Nelson inquired why that type of request was not made originally; there was no knowledge of the full range of use that Mr. Cvetkovic was going to provide, because the previous Board approved only for a certain amount of parking spaces; and now the uses are being requested to change. Mr. Cvetkovic responded it was not anticipated that the people who work on the ships would request more of his services to provide the authentic beers and wines from cruise passenger’s countries. Commissioner Nelson inquired if Mr. Cvetkovic has had any discussion with any of his neighbors to get additional parking. Mr. Cvetkovic stated no, however the property on the west side has a right-of-way and if more parking is needed he could submit a new request. Commissioner Nelson stated he has two concerns; one, the parking has been reduced by almost 50 percent of the number of parking spaces that were required from the original use, by changing the use there could be additional neighborhood traffic, as well as traffic coming in off of State Road 528; and two, there are no controls over the sale issue, because in effect, the business is almost a bar, with the way the rules are written unless it is tied to food sales of 51 percent, and in terms of Code it is a bar.
Commissioner Infantini inquired if Mr. Cvetkovic has a permit that allows consumption on-premises, because Commissioner Nelson is saying that Mr. Cvetkovic has a bar; she thinks to be able to have a bar there would be drinking on premises; and she inquired if there is drinking within the establishment. Mr. Cvetkovic responded there is a permit to sell packages. Commissioner Infantini inquired if it is a bar, because most facilities like that allow a person to drink on the premises. Mr. Cvetkovic responded, as of now he has a permit to sell packages; what people do there is they come from the ship after work, to relax, to use the computer to communicate with their family overseas, while doing that they would like to have a beer or a glass of wine, and that is the reason he is asking for the change and 100 percent of the clientele are from the ship. Commissioner Infantini stated to purchase alcohol on a ship, it is incredibly expensive, so she can see where having packaged alcohol would be a real plus; and she does not know if they are allowed to take it back on the ship or not. Mr. Cvetkovic responded it is allowed to be taken back on the ship and the individual is not allowed to be drunk.
Chairman Bolin stated Commissioner Nelson brought up food; and she inquired if there is a kitchen. Mr. Cvetkovic responded no, but there are sandwiches, which are being made at the European Corner restaurant on Merritt Island. Chairman Bolin stated the concern that is being discussed right now is the cruise business, but when beer and wine is sold by the drink, it may enlarge the cliental who are not from the ships, which are the locals; the parking is what the concern is about if there is more than 10 cars; and she inquired if it is 10 slots available for parking. Mr. Cvetkovic responded yes, that is correct. Chairman Bolin inquired if there is an agreement with his neighbors to use their parking lot if the 13th, 14th, or 15th car comes to park. Mr. Cvetkovic responded no, because it is not needed and he might ask if it was needed; and he would never really have that situation to need more parking. He stated the cafe has been open for about eight months and there are never more than two cars present for parking.
Commissioner Infantini stated she was going to ask how many cars he normally has, because it seems that a windfall of traffic is assumed, which would be great for the economy and for his business, but typically he only has 2 cars parked with eight extra spaces.
Mr. Cvetkovic stated there was a Sea Ray plant down the road; he understands it is closing down; and the traffic is really limited to a couple of cars a day.
Commissioner Anderson inquired if the business is only open when those cruise ship employees are taxied or brought over to his business, how often is that, and how long are they there. Mr. Cvetkovic responded the cruise ship employees are coming to his business five-days-a-week from 7:00 a.m. until 2:30 p.m.; and actually the ships are leaving at 3:00 p.m. or 3:30 p.m.; those individuals have to be back onboard at 3:00 p.m.; and they leave his business no later than 2:30 p.m. Commissioner Anderson inquired what time does Mr. Cvetkovic close right now. Mr. Cvetkovic responded 2:30 p.m. Commissioner Anderson inquired if there is a limit of when he is open; and if a bus comes in with cruise ship employees, would he stay open for business. Mr. Cvetkovic responded those buses are coming straight from the Port to his place; and there are no other stops to pick up somebody. Commissioner Anderson inquired if Mr. Cvetkovic is notified in advance when a bus is on the way to his location. Mr. Cvetkovic responded yes. Commissioner Anderson stated he is trying to make this exclusive to a certain cliental and address Commissioner Nelson's concern that there has to be a way to make it exclusive; he does not know how to do that right now; and he inquired how is the transport typically provided. Mr. Cvetkovic responded he does have two mini-vans that his business operates for pickup to transport the individuals to his place; they also may come by travel links, which is a company who exclusively transports between port and the mall, so they are coming to his place from the mall and back to the ship terminal; but the majority of the visitors are provided by his company's van. Commissioner Anderson inquired if he showed up at his business around noon in the beautiful area of Merritt Island, would he be served under this condition. Mr. Cvetkovic responded if parking was found and he had a permit to sell him beer he would do it. Commissioner Anderson inquired if he showed up, there are 10 cars in the parking space, he pulled up on the curve in the right-of-way, and came in wanting a drink how would it be handled. Mr. Cvetkovic responded he would have to tell him he is sorry, because proper parking was not done, and he cannot be served a drink.
Commissioner Fisher stated he is familiar with this type of transportation, because he knows someone in Titusville who has a couple of mini vans and little busses that are used to pick people up from banks, drug stores, Wal-Mart, and BJ's; every 15 to 20 minutes people are picked up at different locations; and they are also going to the cruise ship terminals for pick up and drop off for a $10 cost and choice from five different vehicles. He stated if Mr. Cvetkovic's hours stay the same and he does not modify his hours; most people are not drinking at 2:30 p.m.; he does not know if legally his hours can be modified and operate from 7:30 a.m. to 2:30 p.m. or 3:00 p.m. for some lee-way; and if he comes back with modified hours or if parking seems to be a problem, maybe a condition can be put on it or something.
Chairman Bolin stated she was going to go back to that same statement of the hours; she inquired if there is any way a clause can be put in that says if the hours are changed, it will be re-addressed. Scott Knox, County Attorney, responded yes, the hours of limitation can be imposed on it as a condition to a CUP.
Commissioner Fisher stated in fairness to Mr. Cvetkovic, if his hours go to 3:00 p.m. he would be in violation; and it seems to be a parking problem, which is really what is being worried about.
Commissioner Infantini stated she agrees, because it should not be completely limited and all of the sudden one day, one of the ships arrive late, and then there is a violation; and the business is closed.
Chairman Bolin advised she agrees with Commissioner Fisher.
Commissioner Nelson stated the other thing that concerns him is conversion; the ability to sell and become something other than what is being heard today, which has happened to the County on a few occasions; and he is supporting what Mr. Cvetkovic is trying to accomplish, he just does not know how to get it where it needs to be.
Chairman Bolin inquired if something can be written in about the hours of business or if it is turned into a different business.
Commissioner Nelson stated he is trying to figure out how to capture what Mr. Cvetkovic is doing and make that the approval, without it turning into a sports bar, because the difficulty is Mr. Cvetkovic can continue to own it and have somebody else run it, as a sports bar.
Mr. Cvetkovic stated he understands and appreciates the concerns for parking; he has been working for the last eight months, and there has never been a parking issue; and he wants to assure the Board there will not be a problem with parking.
Commissioner Nelson stated hours and parking have been discussed; and it is hard to catch people parking in the right-of-way.
Mr. Cvetkovic inquired if Commissioner Nelson is familiar with the surroundings. Commissioner Nelson responded yes; and there are more than two cars a day going by the place of business.
Commissioner Infantini stated she thinks Mr. Cvetkovic said two cars at any given time. Commissioner Nelson advised ironically, one of the biggest problems there is on Merritt Island is the end of North Banana River Drive, it runs into the barge canal, because people go out there after work with a six-pack and drink; there is a full-size dumpster at the end of that road, which is just down-the-street from Mr. Cvetkovic; and when coming off of 528 and heading towards the barge canal there is a big hangout there that has been an issue, as well. He stated he wants to support what Mr. Cvetkovic is doing, but is struggling to figure out how to prevent conversion without some ability to review it and not create a problem that does not currently exist; and if the Board can get there, then he is okay with it.
Attorney Knox stated he does not want to delay this any further than necessary, but he thinks he can come back with a proposal that would allow the Board to do some of the things mentioned today; it would probably give the gentleman his CUP, but allow the Board to come back and revisit it if something happens; and he will be able to incorporate something about the ownership, management, and the nature of the business that he is operating currently with the parking issues.
Commissioner Infantini stated that sounds like a good idea, and she would like to make a motion to approve.
Commissioner Nelson advised the Board should direct Attorney Knox create a document and it come back to the Board instead of just an approval; and ask Attorney Knox to bring that document back after working with the owner.
Commissioner Fisher stated it can be approved under the concept that he is open five days a week, his hours are 7:00 a.m. to 2:30 p.m., and if there are any major essential changes in his operation, he has to come back to staff administratively or staff can make the decision to bring it back to the Board. Attorney Knox inquired if Commissioner Fisher means seven days a week. Commissioner Fisher responded he believes Mr. Cvetkovic said he is open five days a week; and would like some clarification of such. Mr. Cvetkovic stated the ship schedules change from time to time.
Commissioner Nelson stated he does not have a problem with seven days a week.
Mr. Cvetkovic stated the business was exclusively made for cruise ships; his partner has been working on the ships and knows exactly what happens on the ships; and they wanted to create a small, little place for those people to come and relax.
Commissioner Nelson stated he thinks the Board is wanting to get this right, but he does not want to approve something tonight that he has not seen; he thinks that it is putting the Board in kind of a precarious position; and he inquired if Mr. Cvetkovic did not mind if it comes back at a regular meeting, or even at a workshop when it is ready to go.
Commissioner Fisher mentioned there is a meeting on the 12th.
Attorney Knox stated he can be done by the 12th.
Mr. Cvetkovic stated those ships coming through the Port are bringing thousands of crew members who are spending thousands of dollars in Brevard County; and they should be able to be given a little place to relax.
Chairman Bolin stated the Board agrees.
Commissioner Nelson stated what will done is Mr. Cvetkovic will work with Attorney Knox to create a resolution to be put in writing so the entire Board can see it.
Commissioner Fisher mentioned the 12th is only six days away; and the County Attorney will be in touch with him.
Commissioner Nelson inquired if he has an email address that Attorney Knox can have. Mr. Cvetkovic responded yes.
There being no further comments or objections, the Board approved tabling the request for a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption (beer & wine only) in a BU-2 zoning classification, to the August 12, 2010 meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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V.B.2. (Z1007401) - KORBIN ST. ENTERPRISES, INC. AND WNC VENTURES, INC. - (John Campbell or David Kabboord) - requests a change from IU to IU-1 on 4.742 acres, +/-; and a CUP for a Metal Salvage Yard and Junkyard on 6.605 acres, +/-. (Total acreage = 6.605, +/-). Located just east of the southern terminus of Korbin Avenue (approximately 0.2 mile south of Ansin Road) (5100 Korbin Avenue, Rockledge) Cynthia Fox, Planning and Zoning Enforcement Manager, stated this is a request for an IU-1, Heavy Industrial Zoning Classification and a CUP for a Metal Salvage Yard and Junkyard, which is an existing industrial area; and it is adjacent on the west side of the railroad with an existing railroad spur.
Chairman Bolin stated this is already set up as Ms. Fox stated; it fits all of the requirements; and there are no problems with this.
There being no further comments or objections, the Board approved request of Korbin St. Enterprises, Inc. and WNC Ventures, Inc., as recommended by the Planning and Zoning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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V.B.3. (Z1007201) - NUMO HOLDINGS, INC. - (Robert Nunn) - requests a CUP for Alcoholic Beverages (beer & wine only) for On-Premises Consumption, in conjunction with a restaurant only, in a BU-1 zoning classification on 0.5 acre. Located on the northeast corner of East Merritt Avenue & North Courtenay Parkway. (300 Courtenay Parkway, Merritt Island)
There being no further comments or objections, the Board approved request of Numo Holdings, Inc., as recommended by the Planning and Zoning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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BOARD CONSIDERATION, RE: EXTERNAL AUDIT SELECTION POLICY
Scott Knox, County Attorney, stated this is the item that was brought back to the Board at its request after it had a chance to look it over and think about it; essentially the policy is really going to be focusing on paragraph two of the policy, because the first one relates to the Audit Committee criteria for selection of the external auditor; there is no control over what they decide and what criteria to use, so the Board's focus is going to be on paragraph two, section two, and the issue here, as he understands it from last time, was whether or not the Board wanted to have any reference to a limitation on whom might be negotiating based upon the number of years that they may have held a contract in; and the years that he suggested were four, and it could be any number.
Commissioner Anderson stated he has let his views be known on this and he knows that the Board has some differences on it, which is fine; if the Board is not going to do that as policy he puts everybody on notice, that he is going to make a big deal out of it when the time comes to re-bid this, because he thinks from his experience with finances and as a internal auditor over a private corporation with Johnson Controls is if there is no change out, a loss of objectivity can occur, independence can be lost to a slight amount, and relationships can be built, which is just human nature. He stated he will respect whatever the Board wishes to do; but he just wants everybody to know that he will still make it a big deal whenever the time comes.
Chairman Bolin stated she does not like the idea of a mandatory term limit on any type of company; she thinks it is the discretion of the Board, at that time, to determine who it is going to be having; and she respects that in 20 to 30 years from now the Board will be able to make a good judgment without it being a mandatory judgment.
Commissioner Infantini stated she understands exactly what Commissioner Anderson is speaking about; she has read audit reports both internal and external and each time an excellent job has been done; she has not seen anything bias; and she knows the tendency of the personal relationships she has seen a professional job turned out in both sets of audits seen. She stated the Board has been told numerous times that it is crumbling on the cash position; if the External Auditors were afraid of keeping their job and afraid that they were going to be turned down, it would be a very hard comment to write disclosing the County's financial position; and for that reason, she cannot say she wants to close somebody out because they have been doing it for a long time. She stated occasionally she agrees with Commissioner Nelson; this is one time where she does not think it is broken and if they do not win the bid next time then they do not win it on a fair and square basis; and it is not because of their length of service.
Commissioner Anderson stated nobody can say the last bidding process came down fair, they were the second ranked company; he is not going to get into that issue because he does not think the two Commissioners that were there are currently were part of that issue, so he does not want it to feel like he is pointing fingers; but there was something stated at the last meeting that has bothered him, and has been on his chest by Mr. Latham; he said something to the effect that he was disappointed with some of the remarks in some of the audits; and he said well if the Board paid him more money; and during that selection process a Commissioner said that it can be done for this price and they said yes and a quality job done too; and he thinks they need to come in, sit down with him, and know his expectations also. He stated if something is underbid just to get the job, that does not mean they are released from doing what is anticipated, so he will leave it at that and go with the Commission's wishes, but when it comes back if there is somebody in first place that has 27 years, he is going to yell everywhere about it and it is going to be a big deal.
Commissioner Fisher stated he is concerned about time and the whole competitive thing; if he is lucky enough to line up and win every four years and wait three years when auditing is done, then he must be doing something right, because there are other companies that want that; he does not think relationships mean a quality job is not done; and actually, sometimes in relationships expectations are expected more because of that. He stated at the end of the day their licenses are on the line and he hopes the Clerk of the Circuit Court Office is kind of the check-and-balance for the Board to make sure the County is getting what it pays for in the check-and-balance of audits, no matter who the firm is.
Commissioner Nelson stated he thinks Commissioner Anderson's comment is one that shows the system does work, because it could have worked the opposite too; in other words, it could have been a different firm that was selected, it was this Board that made that decision, and ultimately is held accountable to those decisions; he does not see it as being broken; he thinks it will always be a process that is open for discussion by the Board; and he is okay with it.
Chairman Bolin inquired if Attorney Knox needs any more direction. Attorney Knox responded he would like to make a recommendation to the Board, which is that it goes ahead and adopts the policy with the exception of the portions of it that deal with the consecutive years; that would be subparagraph D-3, the last sentence in 1-A-1, and the last sentence in 1-A-4; and the reason he is suggesting that is because the procedures and the Statute is really kind of bollixed in his personal opinion. He stated what he tries to do in policies is straighten out the Statute, so he can give the Board three alternatives, which it has in the Statues, but it is not adamant unless the Board looks at it carefully; this provides guidelines that the Board can use without dealing with the consecutive-year issue if the Board eliminates those three sentences.
Commission Fisher inquired if Attorney Knox can clarify the subparagraphs for clarification and understanding. Attorney Knox responded subparagraph I.d.iii would come out, the last sentence of II.a.1, and the last sentence of II.a.4.
Commissioner Anderson stated how he got here was based on something that happened a long time ago; he wants to make sure everyone on the Board is clear that in the bidding process, when anything is bid on in this County, it is pretty explicit to those bidding that they are not to approach County Commissioners and lobby; and he inquired if that is correct during the bidding process, once it opens. Stockton Whitten, Assistant County Manager, responded yes, it is a standard language in the bidding and proposal packages. Commissioner Anderson expressed his thanks and wanted the clarification for future decisions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
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Upon consensus of the Board, the meeting adjourned at 5:40 p.m.
ATTEST:
_________________________________
MARY BOLIN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
___________________ BREVARD COUNTY, FLORIDA
SCOTT ELLIS, CLERK
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