The Board of County Commissioners of Brevard County, Florida, met in regular session on December 16, 1997, at 5:30 p.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and Assistant County Attorney Shannon Wilson.

The Invocation was given by Felicia Canfield of Friends of the Baha'i Faith, Satellite Beach, Florida.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

PERSONAL APPEARANCE - SANTA CLAUS

Santa Claus expressed holiday greetings to the Board and audience, and presented each Commissioner with a candy cane.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve the Minutes of October 7 and November 18, 1997 Regular Meetings. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEMS

County Manager Tom Jenkins advised because it is the last meeting of the year, there are a number of items on the Agenda that would not normally be on the evening Agenda.

AUTHORIZATION TO SIGN, RE: BEACH RENOURISHMENT PERMIT APPLICATIONS

County Manager Tom Jenkins advised he sent to the Board a request to authorize him or his designee to sign a beach renourishment permit application; it is part of the long-standing beach renourishment project they have been working on in conjunction with Port Canaveral; in the next few weeks the permit application should be ready to go; and rather than hold it up, he would like to have permission to submit it. He stated it is a preliminary step; it will come back to the Board at a later date to consider ways to fund it and put together a total package; but this is to get the permit in the process for State and Federal funding.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the County Manager or his designee to sign a beach renourishment permit application. Motion carried and ordered unanimously.

REPORT, RE: TRANSFER OF JUDICIAL COSTS TO THE STATE

County Manager Tom Jenkins advised each Commissioner received a fax from the Florida Association of Counties about a Constitutional Revision Commission alert; they are asking Commissioners throughout the State to send a letter of support regarding the Sundberg proposal to transfer the cost of the Clerk's judicial operations to the State; currently County Government is spending approximately 3.1 million dollars a year to support the judicial operations of the Clerk's Office; and would like the Board to send another resolution or letter in support of that position that would be transferred to the State under the Article V proposal.

Commissioner Cook inquired if this is in addition to the letter that has been sent; with Mr. Jenkins responding yes, they are requesting another letter to reinforce it because there has been negotiations back and forth and they thought it was important for the counties to state their interest in seeing this done.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution supporting Commissioner Sundberg's proposal to transfer the cost of the Clerk's judicial operations to the State under Article V proposal.

Chairman Voltz inquired if it is the same resolution she received from the Florida Association of Counties; with Mr. Jenkins responding yes.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

REPORT, RE: UTILITY LINES AT THE GOVERNMENT CENTER

County Manager Tom Jenkins advised there were uncertainties about water or sewer lines under the buildings at the Government Center; and he wants to report that there are no utility lines under the buildings so there should be no construction problems.

REPORT, RE: FINAL PLAT APPROVAL FOR MISTY CREEK, SUNTREE NORTH, PHASE 3

County Manager Tom Jenkins requested the sentence "This item replaces the final approval granted on 9/9/97 as the boundary of the plat has changed." be deleted from Item III.A.1.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to delete "This item replaces the final approval granted n 9/9/97 as the boundary of the plat has changed." from Item III.A.1. Motion carried and ordered unanimously.

REPORT, RE: SPORTS

Commissioner O'Brien advised the Cocoa Beach Girls Basketball team beat the Titusville Terriers; and the Merritt Island Junior Varsity Soccer team remains undefeated.

REPORT, RE: RAIN

Commissioner O'Brien advised it has stopped raining on Merritt Island after seven days, and there were no serious flooding problems, so the tax dollars spent on drainage improvements are working.

REPORT, RE: SAVANNAHS GOLF COURSE

Commissioner O'Brien advised Savannahs Golf Course was doing poorly and the Board wanted to sell it, but they have used prisoners to maintain the brush and sand traps, and today the course is making a profit.

REPORT, RE: ROCKET INDUSTRY

Commissioner O'Brien advised of a newspaper article in the Sunday paper regarding rocketry that will affect the future of Brevard County. He stated they are sending rockets out at sea rather than at the Cape; there could be problems keeping the rocket industry alive in Brevard County; and hopefully the Board will continue funding EDC to prepare for the loss of that industry.

REPORT, RE: CONFLICT OF INTEREST

Commissioner Higgs advised an issue was raised on the vote she made at a previous meeting; she has attempted to maintain her integrity as a public official; and when she recognized there was potential for questions on her vote, she contacted the County Attorney who said it was not a conflict and she did as she should have as a public official. She stated she also requested an opinion from the Commission on Ethics which states there was and is no conflict; and she would like to place that in the public record.

REPORT, RE: PAYMENTS BY COUNTY FINANCE

Commissioner Cook advised of complaints with slow payments by County Finance, and requested the County Manager check if something can be done to expedite payments.

REPORT, RE: GUEST COLUMN IN FLORIDA TODAY NEWSPAPER

Commissioner Cook advised a guest column in Florida TODAY Newspaper referenced a lawsuit the on the stadium and mentioned things that were incorrect. He recommended the County respond to the column. County Manager Tom Jenkins advised he sent a response to that item today.

REPORT, RE: SHERIFF'S COMMENTS ON CURFEW

Commissioner Cook advised the Board will be considering a curfew in January or February, 1998; and comments were requested from the Sheriff, but he is not sure if staff received anything. He requested the County Manager follow up on the request as the Sheriff will have to enforce it if the Board institutes a curfew.

Commissioner Higgs advised when the Board discussed a curfew several years ago, the Sheriff provided statistics on crimes, and it will be useful to have that as well.

Chairman Voltz recommended it be a night meeting; and Commissioner Cook suggested it be discussed in February.

REPORT, RE: ADDITIONAL CHRISTMAS HOLIDAY

Commissioner Cook advised in the past the County has closed its office at noon on Christmas Eve because of the low demand for service; and suggested closing at noon this year.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize closing all County offices at noon on December 24, 1997, as an additional four-hour holiday for employees. Motion carried and ordered unanimously.

REPORT, RE: APPOINTMENT TO CITIZEN BUDGET REVIEW COMMITTEE

Chairman Voltz requested Tom Flavin be withdrawn from the list of appointments, as she was told she had two appointments but there was only one.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to pull Tom Flavin from the list of appointments. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MISTY CREEK, SUNTREE NORTH, PHASE 3

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Misty Creek, Suntree North, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

REVISED FINAL PLAT APPROVAL, RE: FAITH VIERA LUTHERAN CHURCH

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant revised final plat approval for Faith Viera Lutheran Church, which was granted on September 9, 1997, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PERMISSION TO HOLD OUTSIDE MUSIC EVENT AND WAIVER OF PERMIT APPLICATION REQUIREMENTS, RE: EAST COAST CHRISTIAN CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission for East Coast Christian Center to hold an outside music event on December 20, 1997, from 6:00 p.m. to 11:00 p.m.; and waive permit application requirements of medical personnel, security, and disclosure of financial backing. Motion carried and ordered unanimously.

REJECT BIDS AND AUTHORIZE PURCHASE, RE: FLOOR COVERINGS FOR MELBOURNE COURTHOUSE RENOVATION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to reject all bids for Bid #B-2-8-36, Floor Coverings for Melbourne Courthouse Renovation, and authorize purchase from Collins & Aikman on the State Contract at $37,515.50. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY ROAD CLOSINGS, RE: CONSTRUCTION OF INTERSECTION IMPROVEMENTS AND MERRITT RIDGE BASIN 3 STORMWATER PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize closing of Fortenberry Avenue and/or Plumosa Street during the construction of the intersection improvements and Merritt Ridge Basin 3 stormwater project, for a period not to exceed six weeks, nor three continuous weeks. Motion carried and ordered unanimously.

RELEASE OF RETAINAGE TO ATLANTIC DEVELOPMENT OF COCOA, RE: RANCHWOOD COURT MSBU WATER LINE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve release of retainage and final payment of $5832 to Atlantic Development of Cocoa for the water line construction in Ranchwood Court Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously.

ACCEPTANCE, RE: LAND DONATION FOR VALKARIA SCRUB CARL PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept donation of three lots totaling 4.45? acres from Environmental Land Management Corporation for the Valkaria Scrub CARL Project to fulfill offsite mitigation requirements of Florida Game and Freshwater Fish Commission for incidental take of gopher tortoises in Sable Groves, Phase III. Motion carried and ordered unanimously.

CHANGE ORDER NO. 5 WITH HEARNDON CONSTRUCTION AND FINAL PAYMENT TO GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., RE: PALM BAY REGIONAL PARK, PHASE III

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 5 to Agreement with Hearndon Construction, Inc., for Palm Bay Regional Park, Phase III, increasing contract amount by $2,804.78 for additional sprigging to extend the multipurpose fields and deduction for toilet accessories not used in restroom/concession building; approve final payment to Hearndon Construction of $29,505.64; and approve final payment to Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. of $207. Motion carried and ordered unanimously.

EXTENSION OF CONTRACT WITH DR. JOHN R. McPHERSON, RE: MEDICAL DIRECTOR

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract Extension with Dr. John R. McPherson, M.D., P.A. for medical direction, extending the current Contract to February 1, 1998. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint and/or reappoint the following:

Access to Government Information Committee Richard Higgins and James Dace, with terms expiring December 31, 1998; and Mike Wentworth, with term expiring January 1, 1999;

Affordable Housing Council Reverend Willie Lockett, with term expiring December 31, 1999; and David Paterno and Tom Porcella, with terms expiring January 1, 1999;

Arts in Public Places Advisory Committee Sandy Sevigny and Suni Clark, with terms expiring December 31, 1999; and Mary Herzig and Gil Carlson, with terms expiring January 1, 1999;

Brevard County Commission on the Status of Women Janie C. Holman and Carmen Contreras Shrum, with terms expiring January 1, 1999;

Building and Construction Advisory Committee Jim Messer and Ed Fleis, with terms expiring December 31, 1998; and Donald Simms, with term expiring January 1, 1999;

Citizen Budget Review Committee Charles Tucker, Ernest Voegtlin and Robert Klaus, with terms expiring December 31, 1998; and Fernando Esparza, with term expiring January 1, 1999;

Community Based Organization Funding Advisory Board Tony Boyles and Clara Smith, with terms expiring December 31, 1998; and Norma Savell, with term expiring January 1, 1999;

Code Enforcement Board David Azar, with term expiring December 31, 1998;

Country Acres Advisory Board Sid LaDow, Lynn Boshart, with term expiring December 31, 1998; and Traci Wood with term expiring January 1, 1999;

Contractors Licensing Board John Radencic, John Nast, Howard Chalson, Michael Wiedman, Kevin Danen, and Nick Witek, with terms expiring December 31, 1998 and January 1, 1999;

Employee Benefits Advisory Committee M. Rene Davis and Liz Mazany, with terms expiring December 31, 1998; and Kim Couture, with term expiring January 1, 1999;

Economic Development Commission of East Central Florida Roland Foster, with term expiring December 31, 1998; and Scott Sorenson, with term expiring January 1, 1999;

Extension Advisory Council
Brooks Humphrys, Gladys Hildre and Roy Roberts III, with terms expiring December 31, 1999; Cameron Donaldson with term expiring December 31, 1998; and Gerald Lafferty, with term expiring January 1, 1999;

Health Facilities Authority
Rod Baker, with term expiring December 16, 2001;

Historical Commission
Brooks Humphrys, Eleanor Downes, Richard Wallace, and Roz Foster, with terms expiring December 31, 1998; and Georgiana Kjerulff, Yvonne Shingler, and Jim Culberson, with terms expiring January 1, 1999;

Library Board
Martha Russo and Robert Smith, with terms expiring December 31, 1998; and Judy Collier, with term expiring January 1, 1999;

Melbourne-Tillman Water Control District
Michael Horne, with term expiring December 31, 1998; and Kenneth Carah, with term expiring January 1, 1999;

Medical Services Review Committee
Mike McCullers, with term expiring December 31, 1998;

Meadowlane Community Library Board
Libby White, with term expiring December 31, 1998; and Amy Fannin and Maria Wyatt, with terms expiring January 1, 1999;

MPO Citizens Advisory Committee
Phillip Borsik and Ronny McLellan, with terms expiring January 1, 1999.

North Brevard Library District Board
Herman Wattwood, with term expiring December 31, 1999;

Palm Bay Regional Park Advisory Committee
Josh Ross and Gerianne Riley, with terms expiring December 31, 1998; and Michael Couture, with term expiring January 1, 1999;

Parks and Recreation South Service Sector Advisory Board
Charlie Colon and Jon England, with terms expiring January 1, 1999;

Personnel Council
Johnny Albert Diggs, with term expiring December 31, 1998; and Oscar Gamboa, with term expiring January 1, 1999;

Planning and Zoning Board
Matt Sokoloski, Mike Brady, Emil Svatik and Kathryn Kowalski, with terms expiring December 31, 1998; and Hank Hurley, Ronny McLellan and Nick Tsamoutales, with terms expiring January 1, 1999;

Port St. John Public Library Advisory Board
Maureen Rupe, Constantine Daniel, Alice Crowell, Shirley Holbrook, and Robert E. Mills, Jr., with terms expiring December 31, 1998;

Public Golf Advisory Board
Warren Olin, Marty Brown, Mel Clark and Joe Littlefield, with terms expiring December 31, 1999; and Brett Wood, with term expiring January 1, 1999;

South Mainland Library Advisory Board
Bill Gaines, Bob Wilson, Marie Bergamini, Joyce Bent, Yvonne Atha, and Jeanne Osborne, with terms expiring December 31, 1998;

South Mainland Community Center Advisory Committee
Bill Sansbury, Jeanne Osborne, Phyllis McCullers, Bill Lewis, Jackie Kapp, Helen Gustafson, and Ronnie Beatty, with terms expiring December 31, 1998;

Spaceport Commerce Park Authority
Tom Barnett, Susan Cossey, and James E. Ball, with terms expiring December 31, 1998;

Valkaria Airport Advisory Board
Del Yonts, Tom Ward, Valerie Scott, Jim Ray, and Tom Eschenberg with terms expiring December 31, 1998;

Veterans Memorial Park Advisory Board
Jack Jackson, with term expiring January 1, 1999;

Zoning Board of Adjustment
Howard Wolf and Leonard L. Daye, with terms expiring December 31, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve bills and budget transfers as submitted. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING BENJAMIN HOBSON FOR ACHIEVING THE EAGLE SCOUT AWARD

Commissioner Higgs read aloud a Resolution commending Benjamin Hobson for his achievement of the Boy Scouts of America Eagle Scout Award; and presented the Resolution to Mr. Hobson.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution commending Benjamin Hobson for achieving the Eagle Scout Award. Motion carried and ordered unanimously.

Benjamin Hobson thanked the Board for the honor and Commissioner Higgs for the Resolution. Commissioner Higgs stated Mr. Hobson is a very young Eagle Scout, so his achievement is that much greater.

PUBLIC HEARING, RE: ORDINANCE CREATING BROOKSIDE DRIVE/PUESTA DEL SOL CANAL DREDGING MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

Chairman Voltz called for the public hearing to consider an ordinance creating Brookside Drive/Puesta Del Sol Canal Dredging MSBU.

Carol Finn, representing Brookside Drive homeowners, advised they have been working with County staff for three years; took a vote which resulted in 80% for creating the MSBU; and requested the Board support it. She stated the homeowners feel the sediments are threats to children and pets in the area, and want the project to go forward.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance creating the Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 2, PART 10 - CARL AND BEVERLY GREELEY

Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by Carl and Beverly Greeley.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by Carl and Beverly Greeley. Motion carried and ordered unanimously.

ACCEPT DONATION OF LAND FROM HARRIET GOLDING, RE: SUNTREE LIBRARY AND PARK SITE

County Manager Tom Jenkins advised there is a drainage easement that goes to the site, and Mrs. Harriet Golding's attorney is willing to grant the County an easement.

Assistant County Attorney Shannon Wilson advised it will require an amendment to the Deed; and recommended the Board authorize the Chairman to sign the revised document.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to accept donation of 14.56 acres of land, appraised at $543,000, from Mrs. Harriet Golding to be used for a non-profit library, but not limited to parks, nature trails or playgrounds; and authorize the Chairman to sign all necessary documents to affect the transfer. Motion carried and ordered unanimously.

RATIFY AGREEMENT WITH BREVARD COUNTY SCHOOL BOARD, RE: CANAL DREDGING MSBU PROJECT FOR PUESTA DEL SOL/BROOKSIDE DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to ratify execution of Agreement with Brevard County School Board for canal dredging MSBU project for Puesta Del Sol/Brookside Drive. Motion carried and ordered unanimously.

APPROVAL TO NAME BOAT RAMP AREA, RE: SCURRAH'S LANDING AT MELBOURNE RIVERVIEW PARK

Mark Cannon requested the Board honor an outstanding citizen who provided volunteer services to the County for the last ten years, and worked to develop Riverview Park. He stated Mr. Scurrah was responsible for obtaining approval of the plan and making the park a reality, as well as getting grant funds for construction; and the boat ramp area is a peaceful place which he enjoyed.

Commissioner O'Brien advised he has nothing against Mr. Scurrah, but the Board needs to look at veterans as well who put their lives on the line for the State and Nation. He stated there is more than one medal of honor winner in Brevard County, and the Board should look at veterans first.

Chairman Voltz stated for buildings Commissioner O'Brien is right, but it would be inappropriate to name this are after someone who had nothing to do with the park.

Commissioner Higgs advised Mr. Scurrah was a veteran of the Valkaria Airport Board and worthy of the recognition. She thanked Ms. Scurrah for letting him share his time with the community.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve naming the boat ramp area in Melbourne Riverview Park as Scurrah's Landing. Motion carried and ordered unanimously.

AUTHORIZATION OF LOAN, MORTGAGE DEED, AND SECURITY AGREEMENT WITH BREVARD ALZHEIMER'S FOUNDATION, INC., RE: BREVARD ALZHEIMER'S SERVICE CENTER

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Brevard Alzheimer's Foundation, Inc. to draw down up to $25,000 from General Fund Contingency as needed to cover funding for the period December 16, 1997 through February 29, 1999; accept Mortgage Deed and Security Agreement specifying an interest free loan to be paid back commencing March 1, 1998 in monthly installments of $2,083; and authorize staff to make the necessary budget adjustments to accommodate the loan. Motion carried and ordered; Commissioner Voltz voted nay.

PERSONAL APPEARANCE - BEA POLK, RE: PARRISH MEDICAL CENTER

Bea Polk stated she does not know what is going on with the governing board of Parrish Medical Center and its effort to give away the people's asset to Health First. She read excerpts from the minutes of the Hospital Board meeting of November 17, 1997, where Chairman Cerrato said he would not have public input, and from the November 13, 1997 meeting regarding discussions between Mr. Daye and Mr. Nemzoff on project teams for Health First, Orlando Regional Healthcare Systems (ORHS), and Parrish Medical Center, and a document contractually binding Health First and ORHS. Ms. Polk requested the Board have an appraisal done on the Hospital, and assistance with finding out what the board will vote on tomorrow night. She stated the people are not represented on the Hospital Board; the County appoints six members, but nobody cares; and they do not ask for much, but is requesting the Board help them with this issue.

Chairman Voltz recommended Commissioner Scarborough attend the Hospital Board meeting; with Commissioner Scarborough responding if the Board had a few weeks, it could ask the County Attorney to review it, but at this time he would only be an observer. He inquired if the County Attorney has worked on the issue; with Assistant County Attorney Shannon Wilson responding no, but there is a possibility that the Board could ask them to obtain an appraisal. She noted it is an RFP process and not uncommon to see changes in prices, but it is difficult to speculate without review of materials. Chairman Voltz inquired if Ms. Polk wants the Board to send a letter requesting an appraisal be done; with Ms. Polk responding she has asked for it, but no one has it; the hospital has been paid for with public funds for over 40 years; and if the board members were elected they would have to come to the public.

Commissioner Scarborough advised there is not agreement on the hospital board; one member said nothing should be done because of employees, others looked at money, and others looked at quality care and keeping the medical community together, but there are other questions. He stated there are several things of interest, such as how the referendum will take place, the nature of the contract, and other deals; and there is a problem disseminating information with that much factors.

Commissioner Cook agreed with an appraisal by an independent appraiser, and requesting the hospital board delay its meeting so the County Attorney can review the issue.

Nellie Strickland advised of profit figures, payments for the bonds they intend to float to build a hospital, the issue being railroaded by Dr. Cerrato who owns a lot of property in the area, and that the money can only be spent on medical-related projects. She stated Dr. Cerrato picked the consultant, Mr. Nemzoff was on the negotiating team, but no member of the hospital board; J.J. Parrish who was on the project team was not informed when the meetings were, and was called at the last minute so he could not attend; and the whole process reeks of stuff that stinks.

Christopher Sheldon advised he was on the hospital board for four years; in January there could be four different members on the board; decisions the board wants to make now may not be in line with the new members philosophies; and requested the Board ask the hospital board to allow the new members to be involved in the decision. He advised of responsibilities of the hospital board members to allow public input, negotiate the future of the hospital, and do whatever is in the best interest of North Brevard. He stated the consultant cost $300,000 plus $50,000 for expenses; there are questions that need to be asked; there needs to be competition as monopoly can but does not lower prices; and if people sit on the board too long, they lose touch with the community.

Discussion ensued on the proposed referendum, and lack of information on what is transpiring on the merger of Parrish Medical Center with Health First and ORHS.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney to take the information provided to the Board, contact the Hospital's attorney, and return with a synopsis of what is occurring, what are the ramifications of the contract, what legislation will be considered, and how the referendum is proceeding.

Commissioner Scarborough stated the referendum is a key issue; there is a belief that regardless of what is contracted for there is going to be a final veto by the people if it is not satisfactory; and if that is true, there should be a general contentment. Commissioner Higgs inquired if that is in question; with Commissioner Scarborough responding a board member is concerned about some things that may be changing in that respect.

Commissioner Cook stated the Board needs to get clarification of that issue and request the hospital board to delay its meeting as legitimate concerns have been brought up tonight regarding public input that needs to be explored. Commissioner Scarborough recommended the hospital board be asked to defer action for a month; with Commissioner Higgs responding she would not second that.

Commissioner O'Brien stated some things in the transcripts are frightening; Mr. Nemzoff said whatever is released on November 17 is going to be the one they will sign on December 17, and once it is signed, it is contractually binding unless all parties agree to change it; and all parties are not going to agree, if it is already signed, unless it is changed for their own benefit. He stated Mr. Nemzoff also said there will not be time to go to court to get a restraining order after it is signed; once it is signed they cannot back out even if it is not what the people want; so it should go to referendum first before the board signs anything. Commissioner Cook stated that phrase on the restraining order concerned him; and it is scary to hear a public body speak in those terms.

Commissioner O'Brien inquired if the Board can rescind appointments to the hospital board; with Commissioner Scarborough responding some of the members have voted contrary to the majority, expressed contrary views, and raised contrary questions, so to say everybody the Board appointed is bad is not true. Commissioner O'Brien stated he did not say they were bad, but if the Board can rescind six out of nine members the board will not have a quorum and cannot take a vote tomorrow evening, otherwise what they do will go down in history.

Commissioner Higgs stated the motion is to get information from the County Attorney, which she will support, but she cannot support taking a position such as removing appointments of people based on a series of documents with no opportunity for review and no rebuttal. She stated if there is a change in the plan to put it to referendum, then she would have concerns and would request the hospital board delay its decision; the process has been going on for months; and for the Board to jump in at this time, based on a stack of documents that it has not reviewed and without thorough analysis of those, would be less than responsible.

Chairman Voltz inquired if it is a done deal and they have signed a document and cannot back out, what will happen; with Ms. Wilson responding it has been her understanding all along that the contract is contingent on the referendum vote, but the problem is if they back out of submitting that to referendum.

Commissioner O'Brien stated time spent on the issue is not the argument; protection of the public from having one of its assets misplaced is the issue; health care is the primary responsibility of that board; and if they see it as a good deal for health care of all the residents within the hospital district and sign a draft document then put it out for referendum, they would have to refine it if the referendum does not pass. He stated on one side the board has tried to do the responsible thing for medical care and medicine, but on the other side it is not going to the public with an educational process and saying this is the deal they like, give them permission to sign it, and without permission they will not sign it.

Commissioner Higgs stated her understanding was they were going to referendum; if that has changed, the Board does not have the information; and she will support a motion to get more information.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough recommended the Chairman send a letter to the hospital board stating a legally binding contract is subject to a referendum of the people and the contract is binding only if approved through a referendum.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to send a letter to the North Brevard Hospital District Board advising that the Board has taken an action that the agreement be subject to the referendum and be included as part of the agreement. Motion carried and ordered unanimously.

Commissioner Cook inquired if there is anything the Board can do to preserve its legal standing if something happens tomorrow night that it did not anticipate; with Ms. Wilson responding her knowledge of the legislation dealing with Parrish Medical Center is limited, but the only way it would waive standing, if there is a provision within that legislation that allows the County to make input, is not attending and making its position known. Commissioner Cook recommended the Board ask the hospital board to defer action until the County Attorney has an opportunity to review the documents because it is a huge public asset and the dollars involved are incredible.

Commissioner Scarborough stated since the hospital board has spent so much time on the issue, it would feel it is better informed than this Board; and perhaps the letter could state if there are members of the hospital board who do not feel they are prepared to vote, the board should defer its decision until they are adequately informed on all the facts. Chairman Voltz disagreed with the suggestion, noting if they have spent a year or longer on the issue they should be prepared.

Discussion ensued on requesting a delay of action, difference between the Board of County Commissioners and the hospital board, and competing with corporations that have fitness centers.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to include in the letter to the hospital board that if there are members on the board who still have questions that need to be answered or feel they have not been adequately supplied with information, that the board defer action on the agreement, take time to refine the document, and not force members to vote until they have their questions answered.

Commissioner Higgs advised the Board has no authority to make day-to-day decisions for the hospital board; its responsibility is appointments to that board; the process has been going on for months, and none of the Commissioners attended all those meetings or are informed on each of the issues; so the Board should allow them to go forward assuming it is going to the voters. She stated if that assurance is there, then the Board should not take a position to defer action.

Commissioner Scarborough stated it has been substantiated that some of the negotiations took place without including members of the board; there may be questions to what extent they are informed; and if there are members who are not prepared to vote because they have ongoing questions, he would ask the other members, in the letter from the Chairman, to defer forcing those members to vote until their questions are answered.

Discussion continued on concerns of hospital board members, addressing the process, and intent of the motion.

Commissioner O'Brien recommended copies of the letter be faxed to each board member; and Commissioner Cook recommended it be taken to the meeting and presented by the County Attorney. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough stated the County Attorney's Office has been directed to get involved in an analysis of what occurs; the only way to do that is to have someone actually get up and say the Board has taken this position; and if it is sent to the board members it will not become part of the record, and the people will not know what position this Board has taken.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney's Office to take the letter from the Chairman to the hospital board meeting tomorrow night and present it at the public meeting. Motion carried and ordered; Commissioner Higgs voted nay.

APPROVAL, RE: PERMISSION FOR COUNTY REPRESENTATIVE TO TRAVEL

Commissioner O'Brien advised the Port Authority requested a County representative go with them when necessary, regarding the beach management program and beach nourishment project; it may be Mark Crosley; and recommended requesting funds for travel from the Tourist Development Council.

Commissioner Higgs advised the letter from the County Manager indicated the anticipated cost at $5,700; and recommended it come back to the Board if that amount is exceeded. Commissioner Cook suggested discount tickets.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission for a County representative to travel in conjunction with the promotion and implementation of the Beach Management Program and Beach Renourishment Project, and to request funding for the travel from the Tourist Development Council. Motion carried and ordered unanimously.

APPROVAL, RE: ATTORNEY'S FEES AND COSTS FOR TILLMAN, LENNEAR, ET AL vs. BREVARD COUNTY, ET AL

Assistant County Attorney Shannon Wilson advised she reviewed the bill, and it is extremely reasonable; and the attorney is willing to give the County a discount.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize payment of attorney's fees and costs in the amount of $10,951.25 to the Plaintiff's counsel in the case of Tillman, Lennear, et al vs. Brevard County et al, the federal lawsuit on jail overcrowding. Motion carried and ordered unanimously.

AUTHORIZE GRANT AWARD, RE: LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING FOR FY 1998

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize execution of the grant award and special conditions documents by the County Manager for supplemental funding through the Local Law Enforcement Block Grant Program in the amount of 4252,927. Motion carried and ordered unanimously.

APPROVE CONSTRUCTION OF PHASE II, PERMISSION TO BID, AND CONTRACTS, RE: MELBOURNE RIVERVIEW PARK

Kathy Meehan advised she reviewed Mr. Nelson's proposal to finish the park, and would like to see closure on it. She stated Mr. Nelson indicated there would be a temporary trailer for a park ranger, and felt confident the problems they are having would diminish; and he also indicated the play- ground would be back to the original site. She requested clarification on what was revised.

Parks and Recreation Director Chuck Nelson advised the playground will go b ack into the north area and under the trees which is in the shade and more user friendly. Ms. Meehan stated she lives near the park, and would feel more secure if a trailer for a park ranger was put there as soon as possible. Mr. Nelson advised they have approval for that, but the question is getting a trailer. County Manager Tom Jenkins advised it will be a modular building from Melbourne Courthouse.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize construction of Phase II improvements at Melbourne Riverview Park totaling $128,800; grant permission to bid the project; and authorize the Chairman to execute contracts with successful bidders. Motion carried and ordered unanimously.

APPROVAL, RE: PROPOSED 1998 BOARD MEETING SCHEDULE

Chairman Voltz advised the National Association of Counties Legislative Conference will be held from February 27 through March 3, 1998; the Board has a meeting scheduled on March 3; and she does not want to cancel the meeting, but would like to be excused to attend the Conference.

Commissioner Scarborough recommended the meeting be canceled so all Commissioners can attend the conference, and Mr. Jenkins schedule another meeting in March if needed.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to delete the March 3, 1998 meeting; instruct the County Manager to schedule another meeting in March if needed; and approve travel for any Commissioner to attend the National Association of Counties Legislative Conference, February 27 through March 3, 1998. Motion carried and ordered unanimously.

The meeting recessed at 7:28 p.m. and reconvened at 7:36 p.m.

PUBLIC COMMENT - NELLIE STRICKLAND, RE: PARRISH MEDICAL CENTER

Nellie Strickland advised the Legislative Delegation promised them they would not allow amendments by Parrish Medical Center until after the referendum passed; they went to a meeting in Melbourne because Dr. Cerrato was to speak; it was advertised for 7:00 p.m. but started at 5:00 p.m.; and when they got there Dr. Cerrato was gone. She stated negotiations were not done by the hospital board members; they do not have a lease contract, just a draft contract; and the consultant did the negotiations for Parrish Medical Center whereas Orange Memorial and Health First came with their own teams. Ms. Strickland advised at the last hospital board meeting they went over the contract and there were a number of questions, but the attorney slicked around them; he gave answers that the contract can be amended later, but it is binding; and it would be nice for this Board to ask the Delegation not to pass legislation that the hospital board asked for because it is a back-handed trick. She stated Representative Randy Ball will vote for anything for the hospital; there is no organized opposition, yet there are questions about it; the hospital board members questions were not answered; one member was too old to cut the mustard; he will be 85 next term; and she wonders if he is a double dipper. She stated she appreciates what the Board will do to help them.

Christopher Sheldon stated not all the members of the hospital board are bad; some will do everything to help people; there were four different members on that board since January; it is a big decision to lease for 45 years which should require public input; and he appreciates the Board's actions tonight. He noted a lot of negotiations went on without board members involved; and he hopes they do not feel intimidated to say they need more time.

Commissioner Higgs inquired if contracts are negotiated by hospital staff; with Mr. Sheldon responding they were not 45-year contracts; he has negotiated three-year contracts while a member of the board; but this is a document not negotiated by the hospital board.

Commissioner Cook stated the Board is not second-guessing the hospital board, but asking for additional time and information. Mr. Sheldon stated they feel pushed to do something on a time schedule.

PUBLIC COMMENT - MR. STECKLER, RE: LOAN FOR ALZHEIMER CENTER

Mr. Steckler advised he knows the Board voted to approve the loan, but wanted to compliment Tom Jenkins, Don Lusk, and the attorney for their cooperation and the way they put it together, and to thank the Board for approving it. He stated things are happening in their program; they have a one-million dollar endowment from the Foundation in Baltimore and have to raise one million dollars to get it; but it will put a two-million dollar endowment in place for people in Brevard County to be treated who cannot pay for treatment. He stated they have provided 55,000 hours of respite free to people; only received $25,000 from the government; so they are getting a big bang for their buck, and have a splendid opportunity to duplicate the program at ten Florida locations.

Commissioner Cook expressed the Board's appreciation to Mr. Steckler for his efforts to assist people with Alzheimer.

GREETINGS

Commissioner O'Brien wished everyone a Merry Christmas; and Chairman Voltz wished everyone a wonderful holiday.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 7:53 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
S E A L