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File #: 2396   
Type: New Business - Miscellaneous Status: Adopted
File created: 1/4/2021 In control: District 3
On agenda: 1/12/2021 Final action: 1/12/2021
Title: Legislative Intent and Permission to Advertise Amendments to Sections 2-244, 2-247 and 2-249, Brevard County Code of Ordinances
Subject:
Title
Legislative Intent and Permission to Advertise Amendments to Sections 2-244, 2-247 and 2-249, Brevard County Code of Ordinances
End
Fiscal Impact:
N/A
Dept/Office:
District 3
Requested Action:
Recommendation
Board consideration and approval of legislative intent and permission to advertise amendments to Sections 2-244, 2-247 and 2-249.
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Summary Explanation and Background:

On December 22nd, the Board considered an item regarding a lease of property by Brevard County to USSSA. During discussion of that item, it was brought to the Board's attention that an amendment to the supermajority requirement contained in Section 2-244 would be brought back for consideration, as it seemed to have no currently applicable purpose.

The County Attorney was asked to opine on whether there is a specific historical or current purpose to the supermajority requirement in this section. Ms. Bentley was unaware of one, and took the further step of reaching out to her predecessor, Scott Knox, who was also unaware of a specific purpose.

As such, it is proposed that the language "upon a supermajority vote" be stricken from Sections 2-244 and 2-247.

Upon researching this topic, the CAO made a related suggestion of amending Sec. 2-249 in order to simplify administration of notices of such leases or sales. The suggested amendment would allow for posting of the agenda on Legistar to be sufficient public notice.

Below are the text for the aforementioned amendments:

Sec. 2-244. - Sale or lease of real property or modular structures by a bidding process.
(a) Upon a supermajority vote, wWhenever the board of county commissioners determines that it is in the best interest of the county to sell or lease real property or modular structures, the board may direct the utilization of the procedures for requiring bids on the property found in F.S. ? 125.35, or may utilize the alternative minimum base bid procedures provided for in this article. Notice of the intent to con...

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