The Board of County Commissioners of Brevard County, Florida, met in regular session on February 17, 1998, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Chairman Helen Voltz.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of the January 15, 1998 Workshop/Special Meeting. Motion carried and ordered unanimously.

APPOINTMENT, RE: MERRITT ISLAND REDEVELOPMENT AGENCY

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to appoint Paul Valvala to the Merritt Island Redevelopment Agency, from February 17, 1998 to November 15, 2000, replacing Chuck Maxwell. Motion carried and ordered unanimously.

REPORT, RE: TORNADO

Commissioner O'Brien advised the storm this morning was bad in District 2; there was some damage in Satellite Beach in District 4; and he is glad the weather has cleared.

RESOLUTION, RE: SUPPORTING TEMPLE ISRAEL AND RELIGIOUS FREEDOM

Commissioner Cook advised a hate crime occurred against Temple Israel; and read aloud a resolution in support of Temple Israel and religious freedom.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution declaring support for Temple Israel and religious freedom, and calling for Sheriff Williams to make all efforts to solve the crime. Motion carried and ordered unanimously.

Larry Biener, President of Temple Israel, expressed appreciation to the Board; stated there has been support from the community, local churches, and individuals; and advised a woman who is not Jewish came to the Temple with her two children to help clean the walls. He stated it was an unpleasant day because they had to explain what happened and comfort 100 children.

PERMISSION TO EXECUTE WAIVER, RE: BYRNE GRANT LAPSE FUNDING

Chairman Voltz stated she received a letter from the Department of Juvenile Justice informing her of proposed expenditure of $582,143 in local Byrne Grant lapse funds to purchase livescan stations for local law enforcement organizations in Florida, and of the County's identification as a candidate. She requested permission to execute Byrne Grant Lapse Funding Waiver.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve execution of Byrne Grant Lapse Funding Waiver for purchase of livescan stations for local law enforcement in Brevard County. Motion carried and ordered unanimously.

COMMENTS, RE: FLORIDA TODAY NEWSPAPER ARTICLES

Chairman Voltz commented on an article in the Florida TODAY newspaper regarding her position on the libraries; and read aloud a letter to the newspaper responding to the article and noting inaccuracies.

Commissioner Cook sympathized; and stated there was a misleading headline in the newspaper today; and he does not wish to comment on it because it has no relevance to what the Board is considering tonight.

REPORT, RE: COCOA TIGERS BASKETBALL TEAM

Commissioner O'Brien stated tonight the Cocoa Tigers Basketball Team is playing in a play-off game, and if the team wins tonight, it will play on Friday for the State championship. He expressed pride in the team.

RESOLUTION, RE: COMMENDING AUTUMN ECKERT

Chairman Voltz read aloud a resolution commending Autumn Eckert for winning her division in the NFL National Punt, Pass and Kick Competition.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Autumn Eckert for her accomplishments in the NFL National Punt, Pass and Kick Competition. Motion carried and ordered unanimously.

Autumn Eckert expressed appreciation to the Board and her family for their support. Chairman Voltz presented the Resolution to Ms. Eckert.

RESOLUTION, RE: PROCLAIMING NURSING STUDENT WEEK

Chairman Voltz read aloud a resolution proclaiming February 22 through 28, 1998 as Nursing Student Week in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt a Resolution proclaiming the week of February 22 through 28, 1998 as Nursing Student Week in recognition of the contributions made by Associate Degree nurses to enhance health care in the community. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to a representative of the Brevard Community College Nursing Program who expressed appreciation. Chairman Voltz advised she graduated from the Brevard Community College Associate Degree Nursing Program.

DISCUSSION, RE: JUVENILE CURFEW

Judge Larry Johnston stated safety and freedom of children are cornerstones to the preservation of democracy; and noted the possibility of conflict between following one's heart and following the law. He advised of the rise in juvenile crime and the problem in determining the best way to reduce the risk of arrest or injury to children after dark. He commented on the problems some parents have in supervising their children at crucial times during the day and the need for government to act at some point. He advised of the restrictions on driving privileges for juveniles and the Florida Statute regarding curfews; and stated a curfew should be the last resort. He recommended educating parents in Countywide education forums and designating a Family Education Week and Teen Safety Day. He advised of the need for support of the School Board, law enforcement, religious leaders, and the press as well as volunteers to assist with meetings. He stated without the necessary initial steps curfews will be difficult to enforce legally, and impossible to enforce practically.

Commissioner Cook inquired if Judge Johnston is proposing the County enact a curfew at this time; with Judge Johnston responding no.

Chairman Voltz inquired if Judge Johnston has a program the Board could review; with Judge Johnston suggesting a workshop first to have agencies come together and develop a curriculum. He commented on scheduling. Chairman Voltz inquired if it should be done in the summer; with Judge Johnston recommending waiting until the children are back in school.

Richard Mickle spoke in support of Judge Johnston's proposal.

Sheriff Phil Williams advised of a study done in Jacksonville in 1996 concerning its enactment of a curfew; and stated a curfew is a tool of last resort. He stated he is not sure the County is there yet, as there are other options which should be tried first; explained how the Jacksonville curfew worked; and advised of the success of a recent Teen Night Out in Merritt Island. He advised of other possible community activities to help in curbing juvenile crime, such as the boxing and basketball programs. He stated if after the other programs are in place a curfew is to be considered, that can be drafted narrowly. He expressed concern about the time period for the curfew; and provided statistics showing there is not a peak time for juvenile crime in the unincorporated area. He advised there has been an increase in juvenile crime of 19%. He recommended the curfew be kept as a solution of last resort.

Commissioner Higgs stated she agrees that other kinds of things need to be done to deter juveniles from crime; Judge Johnston and Sheriff Williams mentioned at some time it may be necessary to have a curfew, but there was a 19% increase in juvenile crime this year; and inquired when is the time for a curfew. She stated in 1994 the Board discussed a juvenile curfew, and there was little support. She stated she supported a curfew then and supports it now; and inquired how Sheriff Williams will know it is the right time for a curfew. Sheriff Williams responded the statistics are as broad as possible, including arrests and suspected juvenile offenders; there was a 4.9% increase in juvenile crime between midnight and 3:00 a.m.; most traditional curfews are from 11:00 p.m. to 6:00 a.m.; and he does not know when the magic time will come. He stated other communities have programs; but the County has only tested its programs for ten to eleven months; and he does not know what impact they will have. He questioned whether the programs should be in place before enacting a curfew or vice versa. Commissioner Higgs stated they should all be done at the same time. Sheriff Williams stated that would be ideal; however, right now there should be an emphasis on activities for children, viewing the County as a united community to deal with the problem. He stated a curfew will have to survive a Constitutional challenge; the statistical data has to be accurate to have a basis for the legislation; and he is not sure that data is available.

Discussion ensued on Sheriff's database, when the peak juvenile crime period is, hours of operation for the Juvenile Assessment Center, impact of School Resource Officers, additional demand on Sheriff's personnel, and problems in dealing with juvenile crime in a long county.

Clarence Rowe, representing the Central Brevard NAACP, inquired about statistics on younger juveniles; with Sheriff Williams responding the statistics reflect an average age of 15.3. Mr. Rowe stated he is opposed to the curfew; and explained how parents are caught in a catch 22 situation in terms of disciplining their children. He stated a curfew is not the answer because it does nothing to change attitudes; it makes children angry; and when they break loose, they take it to the extreme. He stated old-fashioned parenting is needed; and there should be help for parents whose children are too hard to discipline. He suggested alternative activities which should be supervised to keep drugs out; and recommended dealing with attitudes and personalities. He expressed support for the Juvenile Assessment Center; but stated it is not being opened to deal with curfews. He stated there is nothing to take care of children who are problems and need help; parents are asking for help; and they need to be given some room for discipline.

George Vanderhall stated the Judge's comments are timely; and expressed support for the suggested actions. He emphasized the importance of Countywide education; and stated the children are the future. He commented on the need to look at undue influence of adults as well as the peer group on children, and the need to stiffen penalties for those adults using teen crime for their own profit. He stated the misguided, misinformed, ignorant and irresponsible few are giving a negative image to the majority of teenagers who accomplish things; and it is time for adults to take action because a teenage criminal is as lethal as an adult criminal. He recommended raising children with the rod and the staff, and making them law abiding citizens regardless of neighborhood, color or economic circumstances; and stated an unprepared child grows up to be an unprepared adult. He expressed support for Judge Johnston's efforts. Chairman Voltz advised of the success of Operation Midnight in Charleston, South Carolina; explained how it works; and provided statistics on the program.

Commissioner Higgs stated the Board discussed curfews in 1994, and agreed to not go forward with the curfew but funded a Youth Coordinator position in Parks and Recreation and emphasized its support of after-school programs; however, there has been no decrease in juvenile crime. She stated the City of Melbourne enacted a curfew recently based on the City's statistics that 57% of the arrests of juveniles were between 11:00 p.m. and 6:00 a.m., and 87% of the juvenile victims of crime were victimized between those hours; and a curfew needs to not only prevent young people from committing crimes, but also protect young people who are victims of crime. She advised of research done by the City of San Antonio which documents the value of curfew; and stated while she supports Judge Johnston's recommendations, she supports moving forward with a properly crafted, properly administered juvenile curfew.

Chairman Voltz stated if law enforcement is allowed to pick up juveniles without a curfew, a curfew should not be necessary; and that way juveniles will be picked up regardless of whether there is a curfew in Melbourne and not Palm Bay. She expressed support for the Judge's program.

Commissioner Cook stated Judge Johnston and Sheriff Williams do not see the need for a curfew at this time; and there may be other measures the County can take prior to adopting an ordinance. He stated he was inclined to look favorably on an ordinance, but after the statements made tonight, the Board should consider the recommendations of the Judge and Sheriff. He expressed interest in the Charleston, South Carolina program; and requested additional information.

Commissioner Scarborough stated the Charleston program is a new approach because rather than criminalizing, it is consensual on the part of the parents; and commented on parents' inability to discipline their children. He stated Judge Johnston wants to have meetings; there are things that could be used in lieu of curfew; and suggested Chairman Voltz meet with Sheriff Williams, Judge Johnston and others in the community, and bring back options for the Board to consider.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize Chairman Voltz to create a committee consisting of Sheriff Williams, Judge Johnston and other interested people in the community, and bring a report back to the Board.

Commissioner Cook stated it is an important issue, and requires a legal basis to enact.

Chairman Voltz advised of her experiences with her own children; stated parents need to be given tools to address the problems; and she will be happy to meet with Judge Johnston and Sheriff Williams.

Commissioner O'Brien stated he cannot support the motion at this time because the Board is lacking a great deal of information. He stated only one out of 15 municipalities has passed a curfew; he does not want the Board to pass a Countywide curfew for the cities to opt in or out of; and if the cities have a problem, they should pass their own curfew so the Board will see that there is a Countywide problem. He stated he does not know where the problems are, and would prefer to wait for Judge Johnston and Sheriff Williams to come back with more information. He stated the question is at what point is the County going to be a nanny, and at what point is it a serious step forward towards juvenile crime.

Chairman Voltz stated she does not support a curfew.

Commissioner Scarborough stated the purpose of the motion was not to instigate a curfew, but to have the Chairman bring the different parties together so the Board will have a composite to consider.

Commissioner Cook stated he cannot support a curfew tonight based on the testimony; but the motion is to get additional information.

Chairman Voltz stated crime in Charleston, South Carolina is 50% of what it was in the 1960's.

Discussion ensued on lack of information, Judge Johnston's program, and defining the major problem.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Voltz stated she will meet with Judge Johnston and others and come back to the Board in 60 to 90 days.

The meeting recessed at 6:52 p.m. and reconvened at 7:12 p.m.

DISCUSSION, RE: CONTRACT EXTENSION FOR SOLID WASTE COLLECTION FRANCHISES WITH HARRIS SANITATION AND USA WASTE SERVICES

The Board discussed time limits and acceptance period for speaker cards.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to allow acceptance of speaker cards until 7:30 p.m. and set a 3-minute time limit. Motion carried and ordered unanimously.

Clifton McClelland, representing Harris Sanitation, stated the current rate is the lowest of any County in the area; and the negotiated rate would be $94.32 which is substantially lower than any of the adjacent counties. He stated the contract is a service contract; it allows unlimited yard trash; and the company is able to offer that because it has existing City Contracts and experienced workers. He showed a typical route; and stated the average is 1,800 homes per truck. He cautioned of problems if service is interrupted, if crews are inexperienced, and if there are insufficient vehicles. He requested the Contract be renewed due to rates, experience, and high level of service.

Chairman Voltz inquired if the rate reduction is 7%; with Mr. McClelland responding affirmatively. Bob Williams, representing Cardinal Woods Neighborhood Association, Unit 6, advised of a presentation to the Association by Harris Sanitation; and expressed support for Harris Sanitation.

Joan Wheeler advised she does not care which company provides service; and commented on perceptions concerning lack of bids and campaign contributions.

David Gant, Phil Kolodziej, Joe Mullins representing the Crown Heights Civic Association, Al Huggins representing West Oaks Homeowners Association, Ron Fuller, Tom Capritta, Stefan Griggs, Scarlette Dixon, and Mel Broome expressed support of Harris Sanitation based on the low rates, good service, and few complaints.

John Finney stated he has no complaints about the service of Harris Sanitation; commented on the problems in Hillsborough County; and expressed support for soliciting bids for the waste collection service.

Marge Hostetter, Jackie Colon, and Richard Russo expressed their support for Harris Sanitation.

Tommy Alston commented on the cost to commercial enterprises for solid waste collection; and expressed support for proceeding with the bid process.

Eddie Pauley expressed support for the open market system, and proceeding with the bid process. Tom Goodson inquired if there are any hidden clauses for increases in fuel, tires, labor, health, insurance, wages, etc. in the proposed Contract extension. He expressed support for the free competition system.

William DiMarzo expressed support for the bid process; but advised he is satisfied with the service from Harris Sanitation.

Richard Dangs, representing USA Waste Services, advised not only will the price be reduced under the Contract extension, but the level of service will be increased; and emphasized the importance of communication, education and community involvement. He advised of the dissemination of information from the company to the customer, education to help the customer understand what is expected, and involvement with homeowners' organizations. He stated the goal of USA Waste is to be the best customer service team; and advised of commitment to provide quarterly advertisements of policies and collection schedules. He advised of various community outreach programs and endorsements from Merritt Island Executive Council, Sherwood Subdivision, and East Mims Progressive Civic League.

Bob Hyres, representing USA Waste Services, advised of his management experience in Brevard County from 1992 through 1996; and outlined the experiences and costs in Orange, Seminole, Volusia and Osceola Counties. He requested the Board approve extension of the Contract with USA Waste Services.

Tim Fadul, representing USA Waste Services, advised of the expense of putting out a bid; and stated an RFP does not guarantee a better rate or service. He stated USA Waste Services has also agreed to a 7% reduction from residential rates; and advised of rates and service levels in surrounding counties. He stated splitting out residential from commercial would have a negative impact on the rates for residents.

Peter Kaiser, representing Marine Industries Association, expressed support for the bid process. Commissioner Scarborough advised the marina which Mr. Kaiser operates is in Titusville, and is not affected by the contract; and inquired who owns the marina; with Mr. Kaiser responding Mr. Stottler and Tom Wasdin.

Tom Redmond expressed support for Harris Sanitation.

Richard Curry, representing Republic Industries, Inc., advised of successful transitions in solid waste services in Jacksonville, Florida, and various Georgia communities. He expressed support for the RFP process, with service and price taken into equal consideration.

Chairman Voltz stated the Mayor of the City of Sunrise advises All Service Refuse has been handling waste and recycling collection of the City for over 20 years and it has never been out to bid. Harold Carter representing Republic Industries, Inc., responded Sunrise recently renegotiated with All Service Refuse for a 23% rate reduction and improvement in services.

Al Crump, representing BFI, advised of BFI's credentials; stated prices throughout Florida are going down; and service standards and smooth transition can be spelled out in the terms of the contract. He expressed support for the bid process; stated competition would dictate the rates; and BFI would like the opportunity to compete.

Randy Rodriguez advised of problems with USA Waste Services in Port St. John; and expressed support for competitive bid.

Harold Carter, representing Republic Industries, Inc., advised of his background; and explained why the Hillsborough County transition problem was an anomaly. He requested Republic Industries, Inc. be given the opportunity to provide service to Brevard County.

Lynn O'Neill, Karen Shepard, and Leonard Spielvogel, representing Republic Industries, Inc. and Space Coast Sanitation, expressed support for going forward with the bid process. Mr. Spielvogel submitted a packet of information.

Peter Jurgel, representing Harris Sanitation, introduced his employees; and advised of a recent accident where the defensive driving of the Harris Sanitation driver resulted in the saving of an individual's life. He advised of employee meetings, and employee support of the new contract. He submitted letters from residents commending Harris Sanitation.

The meeting recessed at 8:41 p.m. and reconvened at 8:53 p.m.

Commissioner Cook stated good points were made on both sides of the issue; he withholds final judgment until the public hearing because he wants to hear what the public has to say; and his general inclination was to bid it out. He stated Harris Sanitation has done an excellent job, and is a good community partner; but on a contract worth $40 million which has never been bid out in over 20 years, he cannot see the down side in going out for an RFP. He stated the RFP would allow the Board to look at everyone who is competing; and if the Board chooses, it can keep the same contractors in place under the same contract and same provisions. He stated there is no down side of a governmental body going out to bid; the County goes to bid for everything; and to preserve the openness of the system, the Board should look at going to an RFP. He stated if the Board goes out for RFP, service would be an important element as well as price; there is no question about the service provided by the contractors who are involved; but his desire is to keep the process open. He stated the Board should go out for an RFP to see what is available, evaluate it, and make a decision.

Chairman Voltz stated AT&T was a monopoly, and everyone knows that prices went up and services decreased when it was broken up. She inquired if there would be any provision in the contract regarding increase in price for gas, etc. She stated there will be an increase in residential if commercial is bid out separately; someone said if Harris was able to give a 7% decrease, they must have been making a lot of money over the past five years; but the gentleman from Republic stated they provided a 23% reduction, so they must have really been ripping the customer off. She stated there was one other time when she chose not to go out for RFP because other bidders would have an unfair advantage; she stated everyone can see what services Harris is going to provide and the rates; and if the County goes out for bid and Harris and USA Waste Services lose the contract, the cities will lose a lot financially as prices will go up. She advised of letters she received; and stated of those only 17% would be directly affected by the contract, 36% were from Titusville which is not serviced by Harris Sanitation or USA Waste Services, and 47% would have an indirect negative effect if Harris Sanitation or USA Waste Services lose the contract. She stated the people have spoken, and said do not change the contract; and she is not willing to change it. She advised of the good service of the current contractors; stated she is ready to make a decision; and explained the magnitude of the decision.

Commissioner Higgs stated there are good arguments on both sides of the issue which makes it a difficult decision; however, no matter what the Board does, it will be wrong. She stated in the past she has agreed with the principle of competitive bidding; however, it is necessary to look at costs long range and look at quality for the community. She stated there are risks involved in going out for bid; and she is concerned about a reduction in service. She stated the County has gotten excellent service from the providers on a daily basis and in emergencies; and she is concerned about cost impacts in the cities and in the unincorporated areas. She stated the Board went through an exhaustive process in looking at the landfill issue; it went out to bid at a cost of approximately $500,000; and the Board spent hours looking at the RFP before it went out and evaluating the responses. She expressed concern that if it goes out to bid, the Board will know no more after the responses come back than it does today about insuring quality and service. She stated the residential and commercial components need to be kept together; she is satisfied with the two zones as they are; and the best deal is on the table tonight with a 7% decrease and service enhancements. She noted it is not a new contract, but an extension that was built into the original contract some years ago; and she is willing to support it tonight.

Commissioner Cook stated it would make the Board's job more difficult to go out for RFP; but it is the right thing to do. He stated it is the way the County does business; the service has not been bid out in over 20 years; and if it goes out to bid, level of service and other details can be addressed in the RFP and evaluation. He noted the County has gotten a reduction in rates and increase in service just by discussing the issue rather than allowing the contact to be automatically renewed. He stated it has been business as usual for the last 20 years, and it is time to do something different; and a contract of this size should be competitively bid.

Commissioner Scarborough stated the Board has wanted to bid everything it can; but there have been problems with service contracts. He stated the North Brevard Library landscaping contract was bid; three or four different contractors have been fired; and service is an important component of a bid. He stated the Board wants to be sure it has people who can perform; and the bidding process can send the wrong signal by just looking at price. He noted in nine years, he has never had a request for collection charges to be reduced by $2; but if there is trash on the ground or the hauler misses a pickup, he gets calls; and the Board needs to be service oriented. He advised of visits from representatives of Republic and USA Waste Services; and stated they provided assurances of levels of service. He stated he does not want to look at previous complaints, but to poll people to see how they want to improve the service; and as that information is compiled, the Board will understand where it needs to be to satisfy the need. He advised of a previous poll which delineated the problems; stated he would be involved with either process; and the Board needs to ask the people what they need. He noted a great many people are present because of friendship and economic ties; but there are a vast number of people who will be touched by the contract; and the Board has a responsibility to bring them into the dialogue.

Commissioner O'Brien stated what makes it difficult is the fact that the present contractor is doing a great job; complaints are substantially reduced; and they are part of the community. He stated he is a contractor; he has done an excellent job for the U.S. Navy and received compliments; however, when it was time for contract renewal, it went out for bid. He stated the Board has to guarantee that it has done everything possible to protect the taxpayers; speakers tonight have said the County will never have this level of service again; but that is an assumption and not quite true. He stated a new contractor could possibly deliver the same level of service or a higher level of service at the same amount of money or lower; and the bidding process protects the public from dishonesty and corruption. He stated there is no solid number on how much it will cost to go out for bid; and he would prefer to spend the money to go out for bid, and end up with the same contractor to prove that the County is getting a good deal. He inquired how many other solid waste companies are there that would bid on this kind of a contract; with Solid Waste Management Director Richard Rabon responding there are a number of companies. Commissioner O'Brien stated it is not just Republic or BFI which would bid; and if this does not go out for bid, the Board is avoiding its responsibility to the public. He noted the people in the audience are connected to industry, but there are no ordinary people. He stated the Executive Council of Merritt Island recommends renewing the contract; but the contractor gave them a presentation about good garbage service; and what the Executive Council did not hear was the opposite argument. He stated the City of Cocoa recommends going out for bid; and no good bid ever worked adversely for public services. He advised he would not split out residential from commercial; and explained that one or both would increase. He advised of the decrease in costs for construction and demolition collection since roll-on, roll-off services have been allowed, rather than only having two companies providing service. He commented on his personal experience with rebidding; and stated the bidding process keeps everyone honest.

Commissioner Cook stated he is concerned about the process and the perception; going out to bid puts the process beyond question; and everything will be public. He stated when the Board is dealing with a $40 million contract, it should be beyond contract; and it is no reflection on those who currently have the Contract. He stated an enhancement of service could be factored into the RFP to see what kind of rates the County could get for the taxpayer.

Commissioner O'Brien stated he has been heavily lobbied by all sides of the issue; he wants higher quality service; and it should be attained through a bid or RFP process.

Commissioner Scarborough stated all he sees are numbers tonight, but people are concerned about service; and inquired about polling. Mr. Rabon stated there is a time element involved; if it is going to be put out to bid, the County must inform the haulers by the end of March; otherwise the current Agreement will automatically renew. He stated it will take some time to go through the RFP process; and it may put pressure on the process. Commissioner Scarborough stated the Board could request that those things which the people want to see be included in the contract; and inquired what will happen if the current haulers refuse to write those things into the contract, and would there be an option to bid it out; with Mr. Rabon responding it will be a five-year deal. Commissioner Scarborough stated the same things could be included in the RFP; with Mr. Rabon recommending the Board be as specific as possible in the RFP about the needs as that is what proposers will respond to. Mr. Rabon noted the RFP process will take longer than the bid process.

Chairman Voltz stated there will be an opportunity, if the Board chooses not to go out to bid, to address some service issues; with Mr. Rabon responding yes, and the contract can be amended at any time both parties are willing to do so. Chairman Voltz stated if the County gets a new contractor, the cities will lose money because they get a rebate from recycling; and if the County gets the same contractors after the RFP, it will have spent $250,000. She advised of her experience on the Palm Bay City Council. She stated all of her phone calls concerning solid waste have been positive to keep what the County has; only 17% of the letters she received had anything to do with the County; and the rest would probably be negatively impacted if the County loses the contract with the current haulers.

Commissioner Higgs stated she is concerned about the service segment; there is Countywide support for unlimited yard waste pickup, two pickups per week for household waste, limited holiday exclusions, and calls for pick up of white goods; and inquired if there are other service aspects that Commissioner Scarborough is familiar with that could be included. Commissioner Scarborough stated four years ago when the contract was being considered, his office polled residents; and his problem is the Board is hearing complaints and comments from people who are tied to the haulers, but the Board needs to poll the people to see what they think about service. He stated the Board does not know if there are big issues; and there is an opportunity to bring better service to the people; but the Board is doing a disservice if it just talks about dollar amounts. Commissioner Higgs inquired if there were any things identified in the previous survey that should be included. Commissioner Scarborough stated no matter which way the Board goes, he would like to see a part of it include the polling of the customers to ask how they would like to see the service improved. Commissioner Higgs inquired if the Board goes forward to extend the contracts, is there language that could be included in the contract to complete the survey and abide by those things that are identified as problems. Commissioner Scarborough stated everyone is agreeable to having a survey and town meetings throughout the County; the County gets one level of service now, but may find the haulers less willing to listen after extension of the contracts; and there is a window of opportunity to let the people be a part of the process. Chairman Voltz stated Harris Sanitation did a survey which was positive. Commissioner Higgs stated those questions were close-ended; and Commissioner Scarborough wants more open-ended questions in terms of developing service. Commissioner Higgs stated the Board is faced with two choices, and she is happy to incorporate Commissioner Scarborough's suggestion if there is a way to do it within the parameter of the existing Contract. Mr. Rabon suggested getting a commitment from the collectors tonight to agree to the process. Commissioner Scarborough stated the main point is the average citizen has not been asked how he or she wants the contract; and he wants the waste haulers to poll the people with a questionnaire that comes back to Mr. Rabon, asking how would you like to see the contractor service improved or changed.

Chairman Voltz inquired if both haulers are willing to do the survey, determine which services need to be improved, and move forward. Mr. Hyres, representing USA Waste Services, responded affirmatively; and stated some of the issues have already been identified like holiday pickups and vacant yards. Commissioner Scarborough stated he is concerned about things the Board has not heard about before; and he would like to get the survey done before entering into the contract.

Chairman Voltz suggested including in the renewal agreement that it will be renewed providing the hauler complies with the survey. Mr. Rabon stated it would take another meeting but it can be done. Mr. Hyres stated he could agree to enter into the survey to find out what additional services are available; and with the Board's decision tonight to renew the Agreement and a three-month window to do the survey, he would agree to give another three months to allow the County to start its RFP process if USA Waste Services backs out after the survey.

Mr. Jurgel stated he never had a problem with doing anything extra the Commissioners have asked him to do; he would have no problem working with the survey; and suggested a motion to renew the contract to include the suggestions from the constituents. He stated the survey can be done in one month. Commissioner Higgs stated to get a valid survey will take more than a month.

Chairman Voltz stated the Board wants to see the survey before it goes out. She stated there was a tornado this morning in Indialantic at 7:30 a.m.; and by 9:00 a.m., Harris Sanitation was placing a roll-off container there.

Commissioner Scarborough inquired about an extra three months if it comes to an impasse; with Mr. Jurgel responding he does not see a problem.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve five-year extension of existing Contracts with Harris Sanitation and USA Waste Services with provisions for a 7% decrease in prices, contractors to provide collections on all days except Thanksgiving and Christmas as long as the landfill is open, doubling the number of litter barrels, and abiding by the terms of a survey developed by the Solid Waste Department, with development, distribution and analysis of the survey to be paid for by the contractors, and provision that if an impasse is reached on issues identified in the survey, the contractors will extend existing Contracts for three months to allow the County to go out for RFP, and the County will not be required to notify the contractors by April 1 that it will not extend the contracts.

Commissioner Cook reiterated his views on the bidding process.

Chairman Voltz called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, Higgs, and Voltz voted aye; Commissioners O'Brien and Cook voted nay.

The meeting recessed at 9:45 p.m. and reconvened at 9:52 p.m.

DISCUSSION, RE: FLORIDA SENATE BILL 712/HOUSE BILL 3497

County Manager Tom Jenkins stated Senate Bill 712 is legislation by Senator Bronson which allows municipalities to use public funds, which is something the County can already do.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution supporting Florida Senate Bill 712 and Florida House Bill 3497.

Commissioner O'Brien stated it should also include counties; with Chairman Voltz advising the counties already have that ability.

Commissioner Cook stated he does not want this issue to detract from County issues; and the County issues in the package should come first.

Commissioner O'Brien stated if there is already a Statute, rather than having another Statute, the new provision should be combined to make one Statute.

Mr. Jenkins stated staff will express the Board's support, but will not campaign for the issue.

Chairman Voltz called for a vote on the motion to adopt Resolution supporting Florida Senate Bill 712 and Florida House Bill 3497, with direction to the County's lobbyist to give County issues priority. Motion carried and ordered unanimously.

PUBLIC COMMENT

Sarah Jane Ayres advised her dog is missing in the Pineda area; it is injured; and displayed a photograph of her lost dog.

County Manager Tom Jenkins stated anyone finding the dog can call Animal Control at 633-2024; and if Animal Control finds the dog, it will be brought to Ms. Ayres.

Ms. Ayres inquired if the Board can assist in getting her neighbor's deed off of her deed. Chairman Voltz suggested Ms. Ayres contact the Property Appraiser. Commissioner Scarborough suggested the County Attorney meet with Ms. Ayres.

Ms. Ayres stated she will confer with the County Attorney, and needs to also contact the Clerk of Courts.

Upon motion and vote the meeting adjourned at 9:58 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )