The Board of County Commissioners of Brevard County, Florida, met in regular session on January 27, 1998, at 9:00 a.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 Reverend Richard Pobjecky, St. Gabriel's Episcopal Church, Titusville, Florida.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Minutes of December 11, 1997 Zoning Meeting and December 16, 1997 Regular Meeting as submitted. Motion carried and ordered unanimously.

EXECUTIVE SESSION FOR CITY OF COCOA V. BREVARD COUNTY CASE

County Attorney Scott Knox stated the case of Cocoa v. Brevard County involved the water legislation where the surcharge was at issue; the judge signed the final judgment in that case taking the County's position that the Act was constitutional; and the City of Cocoa has contacted him and asked if the Board would abate that particular litigation until such time as the Legislature has had a chance to work on the Special Act. He requested scheduling an executive session to discuss what the ramifications of that might be.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to schedule an executive session concerning the City of Cocoa v. Brevard County case on February 3, 1998 after the regularly scheduled Board meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: PARRISH HOSPITAL BOARD

County Attorney Scott Knox stated he is in receipt of a letter from J. J. Parrish, III who was the Chairman of the Parrish Hospital Board; and he is basically indicating that such Board voted to forego any public referendum on the issue, and is withdrawing the referendum items.

DISCUSSION, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Scarborough stated the East Central Florida Regional Planning Council asked that its Chairman speak with the Commissions of Seminole and Orange County; he did not vote for bringing the suit for two reasons; he does not know all the ramifications; and there are more deep-seated issues on the way counties are represented or mandated to be there, and the payment of dues. He noted both Seminole and Orange Counties' representatives indicated they plan to vigorously fight the lawsuit; there may be a failure of funding of the Council as this proceeds in the courts; there is an attempt to change the legislation; and what he would like to do is have Chairman Helen Voltz send letters to Seminole, Orange and Volusia Counties requesting they respond with their fundamental concerns with the Council.

Commissioner Cook stated there are some fundamental issues that need to be looked at; the $110,000 is mandated by the State; and there are significant issues that need to be reviewed.

Commissioner Higgs stated one of the issues that has to be looked at is the leadership provided by the staff over there, and whether or not it is in the most productive direction.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to send letters to the Chairmen of the County Commissioners for Volusia, Orange and Seminole Counties requesting they respond with their fundamental concerns with the East Central Florida Regional Planning Council, including how it may be restructured to have a more productive relationship. Motion carried and ordered unanimously.

RESIGNATION OF DR. WALTER CERRATO, RE: PARRISH HOSPITAL BOARD

Commissioner Scarborough stated the County received a letter of resignation from Dr. Walter Cerrato from the Parrish Hospital Board; the Board made a motion previously that Stockton Whitten could advertise for the position; and it can proceed with another replacement.

COMMENDATIONS

Commissioner O'Brien stated the Satellite Beach Girls Basketball Team beat the Cocoa Beach Girls Basketball Team, and the Cocoa Tigers Boys Basketball Team beat the Rockledge Raiders and the Astronaut Boys Basketball Teams; and congratulated the Teams.

Commissioner O'Brien stated approximately three years ago, North Merritt Island had terrible flooding; commended County staff for cleaning out the ditches; and noted even The Savannahs Golf Course is dry.

DISCUSSION, RE: REVIEW OF CONDITIONAL USE PERMITS

Commissioner Higgs stated at last week's meeting, the Board unanimously agreed to a 60-day period in which it would put a hold on all Conditional Use Permits (CUP's) and on review and processing of such permits; she has been contacted by residents of the Barefoot Bay area who have significant interest in Thursday night's meeting in regard to a CUP that will be considered; and based on the Board's vote, it needs to direct staff to inform the applicants whose applications may be pending on Thursday night of the Board's previous action.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to inform applicants of the Board's 60-day period of reviewing Conditional Use Permits (CUP's). Motion carried and ordered unanimously.

DISCUSSION, RE: CHAIRMAN TO ATTEND MEETING IN TALLAHASSEE

Chairman Voltz stated she has a meeting to attend on Thursday evening in Tallahassee, therefore, she will not be at the Board's zoning meeting; and Commissioner Scarborough will chair the meeting.

LETTER OF APPRECIATION

Chairman Voltz stated she received a letter from Congressman Weldon; and read the letter, as follows: "It is with sincere appreciation that I take this opportunity to thank you and the County Commissioners for helping Osceola County alleviate their damage due to the flooding and tornadoes that occurred on Saturday, December 27, 1997. Obtaining the appropriate equipment is a greater challenge than most of us realize. Your fast action lending two pumps helped county officials begin to pump water from flooded areas at rates of 30,000 to 80,000 gallons per hour. This kind of gesture, no doubt, saved many homeowners and businesses from further damage. And again, I wish to thank you and the rest of the County Commissioners for their generosity and professionalism in this time of need. Please extend my thanks to all those who participated in this disaster cleanup."

Chairman Voltz expressed appreciation to Public Works Director Henry Minneboo and his staff members.

DISCUSSION, RE: FLOODING IN PALM BAY

Chairman Voltz stated she was in Palm Bay Sunday afternoon looking at the road that was washed out; she was told there were 4,000 yards of sand that ended up in Turkey Creek; and inquired is it the County's responsibility to get rid of that or the City of Palm Bay. County Manager Tom Jenkins advised it is the City's responsibility.

Commissioner Higgs stated it is all in the incorporated part of the City in a private mobile home park.

RESOLUTION, RE: COMMENDING ALLIE GARDENHIRE

Chairman Voltz read aloud a resolution recognizing and commending Allie Gardenhire for more than 17 years of dedicated service to Brevard County and its citizens; and presented it to Ms. Gardenhire.

Allie Gardenhire expressed appreciation to the Board for the resolution; and stated she has enjoyed working for Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution recognizing and commending Allie Gardenhire for more than 17 years of dedicated service to Brevard County and its citizens, and extending its sincere congratulations and best wishes for good health and happiness during her retirement. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLIC WORKS DIRECTOR TO ENTER INTO MEMORANDUM OF AGREEMENT WITH FDOT TO MAINTAIN LANDSCAPING ON SR 520 AND PARK AND RIDE FACILITY ON SR 518

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution authorizing the Public Works Director to enter into a Memorandum of Agreement with Florida Department of Transportation to maintain landscaping on SR 520 and the Park and Ride Facility on SR 518. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION, INC., RE: SPACE AT GIBSON COMPLEX

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Lease Agreement with National Technical Association, Inc. for space at the Gibson Community Center, with term to be extended on a month to month basis. Motion carried and ordered unanimously.

PERMISSION TO PURGE, RE: CALENDAR YEAR 1990 LIBRARY SERVICES COMPUTER FILES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant approval to purge 1,583 patron records, which have been inactive since 1990, from the Library Services Computer System. Motion carried and ordered unanimously.

AGREEMENT WITH TITUSVILLE POLICE ATHLETIC LEAGUE, RE: OPERATION OF GIBSON GYM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Titusville Police Athletic League for operation of Gibson Gym for recreational and community programs. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO M.D. UTILITY CONTRACTORS, INC., RE: SOUTH PATRICK DRIVE FORCE MAIN RELOCATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve final payment of $26,995 to M.D. Utility Contractors, Inc. for the South Patrick Drive Force Main Relocation. Motion carried and ordered unanimously.

AGREEMENT WITH CHAPMAN SCHEWE, INC., RE: AETNA US HEALTHCARE PLANS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Chapman Schewe, Inc. for AEtna US Healthcare plans. Motion carried and ordered unanimously.

AUTHORIZE TICO AIRPORT TO SUBMIT GRANT APPLICATION TO FDOT, RE: HIGHWAY BEAUTIFICATION GRANT FOR DESIGN AND INSTALLATION OF LANDSCAPING IN AND AROUND THE AIRPORT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution authorizing the TICO Airport Authority to submit a grant application to the Florida Department of Transportation for highway beautification funding. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Medical Services Review Committee
Appoint Kathy Weaver with term expiring January 27, 1999.

Suntree/Viera Public Library Advisory Board
Appoint Jim Peterman with term expiring December 31, 1998.

Community Action Agency Advisory Committee
Appoint Theresa M. Suarez, CRB, Realtor and Tom Porcella with terms expiring January 1, 1999.

Brevard County Commission on Status of Women
Appoint Pat Hartman replacing Susan Wright, with term expiring January 1, 1999.

Access to Government Information Committee
Appoint Bob Hartman with term expiring January 1, 1999.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN MAP OF DELESPINE ON INDIAN RIVER - LOUIS C. MOREHEAD, JR.

Chairman Voltz called for the public hearing to consider resolution vacating right-of-way in Map of Delespine on Indian River as petitioned by Louis C. Morehead, Jr.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating right-of-way in Map of Delespine on Indian River as petitioned by Louis C. Morehead, Jr. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PORT ST. JOHN, UNIT 1 - HONEYCUTT & ASSOCIATES, INC.

Chairman Voltz called for the public hearing to consider resolution vacating right-of-way in Port St. John, Unit 1 as petitioned by Honeycutt & Associates, Inc.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to continue public hearing to consider resolution vacating right-of-way in Port St. John, Unit 1 as petitioned by Honeycutt & Associates, Inc. to February 3, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - ROBERT R. AND EDITH T. ROCKHILL

Chairman Voltz called for the public hearing to consider resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Robert R. and Edith T. Rockhill.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Robert R. and Edith T. Rockhill. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - BAREFOOT BAY REALTY, INC.

Chairman Voltz called for the public hearing to consider resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty, Inc.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty, Inc. Motion carried and ordered unanimously.

PERSONAL APPEARANCE OF FRED GALEY, SUPERVISOR OF ELECTIONS, RE: SHERIFF ESCORT FOR TRANSPORTING BALLOTS

Supervisor of Elections Fred Galey stated he is present this morning to try and clear up any misconception the Board might have had and to say that cooperative and professional government can be quite successful, where micromanagement sometimes may not be; and what he wanted to clear up was what came up after the Canvassing Board meeting. He noted the judge in Volusia County chastised the Supervisor of Elections for allowing deputy sheriffs to be alone with ballots; he had always used the deputy sheriffs to transport absentee ballots from his outlying offices here to the Government Center to be tabulated; and his decision was to use his own people, who handle the ballots every day, to bring those absentee ballots in after the offices close at 5:00 p.m. He stated that is the change he made; that is the change he is going to stick with because he did not want to have any perception at all that the County had people who do not handle ballots every day; the law prevents deputy sheriffs from touching any ballot material; and even though they were not touching the ballot material when they were transporting ballots, he did not want to have that perception.

Commissioner Cook stated the Board is not trying to micromanage, but ballot security is very important; Mr. Galey has that capacity; but he believes it gives the perception that the County is lowering the level of security with regard to ballots; and there is nothing more sacred than the ballots.

PERSONAL APPEARANCE OF FRED GALEY, SUPERVISOR OF ELECTIONS, RE: SHERIFF ESCORT FOR TRANSPORTING BALLOTS

Mr. Galey stated he agrees with security of the ballots; it is 100% his concern also; but he is not going to challenge the judge who made the ruling not to have deputy sheriffs alone with the ballots.

Commissioner Cook inquired is Mr. Galey still having the Sheriff escort from the collection center to Viera; with Mr. Galey responding affirmatively. Commissioner O'Brien stated Mr. Galey does a very good job and he is not worried about security at all. Commissioner Cook requested Mr. Galey give the Board an outline of his overall ballot security procedures and what he plans for the next election. Mr. Galey advised his security procedures are approved by the State Division of Elections and are public record. Commissioner Cook requested Mr. Galey reconsider the idea of having sheriff deputies for transporting the ballots.

APPROVAL OF LICENSE AGREEMENT BETWEEN SHERIFF AND SPRINTCOM, INC., RE: COMMUNICATION ANTENNA ON TOWER AT DAY STREET

Jack Kirschenbaum, representing Sprintcom, Inc., stated this matter was tabled from last week's meeting; the Board expressed concerns about three major provisions of the lease; the first was contained in paragraph 2 which concerns the term and the rental; there was some discussion from Mike Abels of the Sheriff's Office concerning a tower in Titusville that had been licensed to PrimeCo with similar provisions; and the tower in Titusville that is encumbered by the PrimeCo lease which the Sprintcom lease is modeled after is this very same tower. He noted the tower in Titusville is subject to a PrimeCo license for 15 years at $6,000 per year; the lease which they are proposing with Sprint is for the same term, but it is for $15,000 per year; each year that amount increases by 5% over the prior year's lease payment; and this is far ahead of what the market is presently charging for these type licenses. He stated the second concern was regarding the assignment language; the County Attorney has provided the Board with a memorandum regarding such language; and the additional language they are seeking to be inserted merely allows for the merger or a partnership of Sprintcom which is possible in the communications industry.

Motion by Commissioner O'Brien, to approve License Agreement between the Sheriff and Sprintcom, Inc. for communication antenna on tower at Day Street. Motion died for lack of a second.

Commissioner Higgs stated it has been represented that the lease pending is consistent with the PrimeCo lease in terms and the County's obligation to continue to have the tower; and inquired is that the County Attorney's understanding also.

Assistant County Attorney Shannon Wilson stated with the exception of the assignment language, it is consistent with PrimeCo; PrimeCo does not have a 15-year lease; it has a five-year lease with two five-year options; the situation is if PrimeCo does not exercise the second option, can it exercise the third; and if PrimeCo declines to exercise the options, this lease still holds the County to that location because of Sprintcom's options. Attorney Wilson clarified the terms with Sprintcom.

APPROVAL OF LICENSE AGREEMENT BETWEEN SHERIFF AND SPRINTCOM, INC., RE: COMMUNICATION ANTENNA ON TOWER AT DAY STREET

Commissioner Cook stated he does not have any problem with the proposed additional language; his problem is Sprintcom's ability to renew in five-year increments unilaterally; and the County would have no input into that. He noted he does not know what is going to happen 10 or 15 years from now with the industry; his concern is if this turns out to be a "sweetheart" deal in the out years because the County has no option as far as renewal; whether or not it is renewed is strictly up to the applicant; and the objection he has is the term of the contract.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize execution of License Agreement between the Sheriff and Sprintcom, Inc. for installation and operation of a communication antenna on the tower located at 1141 Day Street, Titusville, Florida, including provision of the 5% annual increase as agreed to by Sprintcom, Inc. and the fact that the County has the Agreement with PrimeCo on the tower under certain terms.

Commissioner Scarborough amended the motion to approve stipulation that if Sprintcom, Inc. wishes to exercise its option, the County has the option to renegotiate the rent to be in line with the ongoing market rate at that time if the renewal is substantially different than the prevailing local market rental, and Commissioner Cook seconded the amendment.

Discussion ensued on local market rates, options, rental fees on towers, private enterprise, public asset, investments, and PrimeCo.

Mr. Abels stated he can provide information with respect to market that may be of interest to the Board, including terms and prices.

Commissioner Higgs stated the amendment is reasonable and she will support it. Chairman Voltz stated she is not going to support the amendment as it is being discriminatory toward the other antenna; and the County has a good deal as it is presently written.

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

The meeting recessed at 10:12 a.m. and reconvened at 10:20 a.m.

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

Solid Waste Management Director Richard Rabon stated staff is asking for direction today on whether or not to renew the current Franchise Agreements with USA Waste Services and Harris Sanitation.

Commissioner O'Brien stated he is not sure if the Board is ready to make a solid decision on this item; and there are other options available, including scheduling a workshop or going out to bid.

Chairman Voltz stated the Board should proceed with hearing those individuals who filled out speaker cards.

Gene Collins, Jackie Colon, Pat Poole, Rocky Randals, Mel Broom, Hank Simon, Emmee Harmon Hanna, Joe Mullins, Mary Redmond, Bob Hyers, Kevin Smith, Tim Fadul, Rick Dingess, Jim Swan, Ann Garcia, Bill Vernon, Annette Littleton, David Gant, Attorney Clifton McClelland, representing Harris Sanitation, Jim Blevins, Hank Carter, and Peter Jurgel expressed their support for Harris Sanitation and USA Waste Services.

Alfred Crump, representing Browning-Ferris Industries, stated the Company has a desire to compete for the County's business; and he would see no problem in transition.

Tommy Alston requested the Board consider putting this out for competitive bid.

Harold Carter, representing Republic Industries, stated the transition period can be handled very carefully; it depends on the planning, organization and structure that is put in place to make that happen; and his Company has the ability to do that.

Tom Wasdin, representing Republic Industries and Space Coast Sanitation, stated they would like an opportunity to compete for the County's business; this is big business; and suggested the Board schedule a workshop on the issue.

Jonnie Swann requested the Board look more into not just the price, but the services.

The meeting recessed at 11:39 a.m. and reconvened at 11:47 a.m.

Chairman Voltz stated she worked for Harris Sanitation in the mid 1970's as its bookkeeper; it was probably the best job and the best Company she has ever worked for; it takes care of its employees; it has safety meetings; and the Company has been an excellent corporate citizen. She noted she is not inclined to have a workshop as there is no reason for it; she is ready to make a decision and stay with the Contract the County presently has; the customers are happy; and the prices are very good.

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

She stated the Board needs to look at how it is servicing the residents; and Harris Sanitation has always been professional in handling complaints.

The Board reviewed a video presentation from Hillsborough County concerning its solid waste collection services.

Commissioner Cook stated he is not saying he is ready to bid the services out as there are things that need to be reviewed, including reduction of rates; and he would like to have more than just one public hearing as this is a huge Contract. He noted he does not want to go through a disruption like Hillsborough County went through; they are living a nightmare over there; and he is disposed to looking at having one additional public hearing to insure that all the facts have been presented.

Commissioner Scarborough stated he has yet to hear anybody talk about rate; he agrees that price is important, but he has been burnt a number of times on quasi-service contracts; the bidding process scares him, including the incident that occurred in Hillsborough County; and if this is opened up for a workshop, he wants to bring the public in and ask them how they are dissatisfied with the current service and how can it be improved.

Chairman Voltz stated she concurs with having another public hearing; she was in Barefoot Bay last week and asked the residents if they had Harris Sanitation; and their comment was yes and they love the Company.

Commissioner Higgs stated she recognizes both Harris Sanitation and USA Waste Services for their contributions to the community; the County takes this service very much for granted; both Companies are good corporate citizens; and getting the lowest rate is not the only thing that needs to be reviewed. She noted the County has contacted various communities who have gone to bid in the last couple of years; she is not convinced that counties cannot go to bid and cannot transition services; she believes it can be done with no disruption in the community; and it has been done in the past. She stated she is willing to listen to potential adjustments to the County's existing service levels and price structure, and have a second public hearing if it is the Board's desire to see what is on the table prior to making a final decision.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table consideration of Contract Extension with Harris Sanitation and USA Waste Services to February 17, 1998 to allow time for the public to provide input, with the item to be scheduled first on the Agenda; and direct staff to negotiate to see if a better deal can be reached in terms of prices and services. Motion carried and ordered unanimously.

AUTHORIZATIONS, RE: PURCHASE OF GOLF CARTS, FUNDING BROOKSIDE DRIVE/ PUESTA DEL SOL CANAL DREDGING MSBU PROJECT, AND CHAIRMAN SIGN RESOLUTION FOR REDEMPTION OF UTILITY REVENUE BONDS, SERIES 1985B WITH COMMERCIAL PAPER DRAW

Commissioner Cook stated he is the Board's representative on the Finance Committee; the County Finance Department suggested the Pooled Commercial Paper Loan Program would be the more beneficial way to do this; and that is why the Committee recommended this.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve $390,716 for purchase of 212 golf cars currently leased by the County under an operating lease, $72,584 for partial funding of the Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit, and $2,636,700 for early redemption of the Utility Revenue Bonds, Series 1985B; adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of $3,100,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement in order to refinance certain outstanding indebtedness and to finance various projects within the County; authorizing the execution of a loan note or loan notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date; authorize the Chairman to sign all closing documents needed to complete the transaction prior to March 2, 1998; and authorize staff to make the needed budget changes. Motion carried and ordered unanimously.

APPLICATION TO ECONOMIC DEVELOPMENT TRANSPORTATION TRUST FUND PROGRAM, RE: SEA RAY BOATS, INC.

Dick Thompson, representing owner of the property, stated Sea Ray Boats, Inc. has had a Conditional Use Permit (CUP) before the Planning and Zoning (P&Z) Board to allow additional height up to 60 feet; the P&Z Board reviewed it carefully and approved it unanimously; he recently learned that through the County Commission's earlier actions that all CUP's are postponed until March 20, 1998; and he is present to request the Commission reconsider and allow the application for additional height to be heard today or on January 29, 1998.

Commissioner Cook stated the action was taken several weeks ago as there was a serious problem with CUP's coming up from 20 years ago that were being issued permits.

Commissioner Higgs stated the County knows the problems with CUP's and they are real; the Board should stand by its decision; and it will handle Sea Ray Boats, Inc.'s CUP as soon as possible.

Commissioner O'Brien stated this is an unusual circumstance; Sea Ray has plans at this time to bring in close to 400 jobs to Merritt Island, 200 of which are engineering jobs; this is not a plant to build boats; and it is a research and development facility.

APPLICATION TO ECONOMIC DEVELOPMENT TRANSPORTATION TRUST FUND PROGRAM, RE: SEA RAY BOATS, INC.

Commissioner Scarborough stated he has a problem with notice; the CUP was scheduled for Thursday night; this is not scheduled today; and the Board cannot approve the CUP today as it would violate everything in the book. He inquired has the community at large been advised that the Board will not be hearing this Thursday night; with County Manager Tom Jenkins responding the community as a whole has not been notified.

Commissioner Higgs stated significant correspondence has been sent out to people in South Brevard in regard to the CUP's; it was also in the newspaper in South Brevard notifying people of the Board's decision last Tuesday to suspend consideration of CUP's; and there has been significant notice to the South Brevard community in regard to CUP's.

Community Development Administrator Peggy Busacca stated what staff told the individual applicants was that the Board had intended to not consider the processing of CUP's, but that the public hearing had been advertised, and it could not be decided until the public hearing was held on January 29, 1998. She noted the applicants understand there is an intent on the Board, but they have been told to continue to attend the meeting.

Commissioner Higgs stated the Board action was clear and said the County would not process or consider CUP's for 60 days. Commissioner Cook stated he has the Board action and it was very clear.

Commissioner Scarborough stated there should be a way to let people know they do not have to drive to Viera only to find out that an item has been tabled.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize staff to submit an application to the Economic Development Transportation Trust Fund Program administered by Enterprise Florida, Inc. on behalf of Sea Ray Boats, Inc.; and authorize the Chairman to execute the Application and all necessary related documents. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to instruct the County Attorney to schedule on the January 29, 1998 agenda the issue of whether the Board can make an exception to prior policies concerning conditional use permits when there is an economic impact by the creation of new jobs, that the item be heard before any conditional use permits are discussed, that the item dealing with Sea Ray Boats continue to be scheduled, and that no notice be provided to either side that it will not be heard. Motion carried and ordered unanimously.

APPROVAL TO APPLY FOR SUPPLEMENTAL FUNDING, RE: OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) UNIVERSAL HIRING PROGRAM

Dennis Rogero, representing the Sheriff's Office, stated he is present to answer any questions the Board may have concerning the agenda item; the Sheriff's Office is requesting the Board to endorse the document attached to the Agenda Report; and it is an opportunity that came about recently from the Department of Justice to ask to be considered for five additional officers under the COPS Universal Hiring Program. He noted the Board's endorsement of this document does not obligate the County nor the Sheriff's Office to expend any funding, designate any funding or increase any positions; and this is merely asking the Board to let the Sheriff's Office take advantage of an opportunity from the Department of Justice. He stated if the Department approves the document, it will forward further documentation to the Sheriff's Office which will also require the Board's endorsement; and at that time, both the County and Sheriff's Office will have to make assurances to the COPS Office referencing matched funding amounts, the source of such funding, and the number of positions they would like to accept under the Program.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve application to the U.S. Department of Justice for supplemental funding under the COPS Universal Hiring Program. Motion carried and ordered unanimously.

BAIL BOND FORFEITURE AND JUDGMENT, RE: STATE V. WALTERS

Attorney Allen Watts, representing Bankers Insurance Company, stated in 1986, Bankers Insurance Company's surety branch underwrote a bail bond for Dennis Eugene Walters who was arrested and charged with trafficking in cocaine; he did not appear in 1990; the bond was ordered forfeited; and a judgment was entered against the surety in accordance with the law. He noted there was discussion with the County Attorney in 1991 regarding a stay of execution because as security for the bail bond, Mr. Walters' parents had pledged their home and a $27,000 CD; and the discussion went on and revolved around the CD being paid over to the County and the home being deeded to the County; and that being the extent of any liability of the Walters or Bankers. Attorney Watts stated Mr. Walters, the defendant, was found dead in Canada in 1992; discussions resumed with the County Attorney's Office in 1993 about the payment of a sum, without interest, in installments; because Bankers has collateral pledged from Mr. Walters' parents, it is sitting here with a technical liability to the County that goes to its Fine and Forfeiture Fund, for a judgment in the amount of $100,000; and there is no cost to the County because the defendant is dead. He noted there was no cost for a trial or hunting him down; he is no longer a threat to society, but Mr. Walters, Sr. has a mortgage on his home that Bankers Insurance Company has to foreclose against in the interest of its shareholders if the County holds it to the full amount of the judgment. He noted the offer in front of the Board is that Bankers Insurance Company will forego the foreclosure if it will accept the $50,000 offer, of which $25,000 will come from the CD originally given to Bankers Insurance, and the other $25,000 will come from Bankers shareholders. Attorney Watts stated the County Attorney's Office has been insisting that it does not have any discretion in this matter; and that is why Bankers Insurance Company put the offer in letter form and asked that it be brought promptly to the Board.

BAIL BOND FORFEITURE AND JUDGMENT, RE: STATE V. WALTERS

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to accept the January 20, 1998 offer of $50,000 plus dismissal as satisfaction of judgment for State v. Walters.

Commissioner Higgs stated the Company made an agreement with Brevard County and signed a Contract; to take Option 1 is not to comply; the County should expect full compliance; not to do that says to these people and other people in the bond business that they do not have to stand up for their bonds; and it is not the right thing to do. She advised she will not support the motion.

Brian Kesneck, representing Bankers Insurance Company, stated Mr. Walters' Attorney is contesting the assignment to the CD; it will not be the County's concern; and Bankers Insurance Company's offer to Brevard County is $50,000 whether his Company is successful in ultimately securing the CD or not.

Commissioner Scarborough inquired will Brevard County receive a recorded copy of the Satisfaction of Mortgage; with Mr. Kesneck responding affirmatively.

Commissioner Higgs stated the bondsmen and their surety company are in business to make money; they do this by bonding people out of jail; they made a deal with an individual; it may have been a bad deal, but they made a deal; and Brevard County's deal is with them and it has nothing to do with the defendant or his family. She noted these people owe the County $100,000 period; it is a very sad story and she understands that; but her problem is not how they made a deal, but that they owe Brevard County $100,000; and it should receive it.

County Attorney Scott Knox inquired is it Bankers Insurance Company's position that if the Board accepts the $50,000, the Company will dismiss the existing foreclosure action; with Mr. Watts responding affirmatively.

Commissioner Scarborough stated what the County is negotiating is something beyond money to Brevard County, and that is the dismissal of the foreclosure suit and the fact that Mr. Walters is able to keep a home; and inquired does the County benefit as a society by rendering a person homeless. Commissioner Higgs noted the County is not doing anything, and it has a relationship with Bankers Insurance Company.

Commissioner Scarborough stated by Brevard County's relationship with Bankers Insurance, it is able, on Mr. Walter's behalf, to obtain a dismissal of the lawsuit and a Satisfaction of Mortgage; and in doing so, it has allowed Mr. Walters to have a home. Commissioner Scarborough stated the taxpayers of Brevard County are going to have $50,000 less, but in the process, there is going to be a gentleman who will not be displaced from his home.

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

AGREEMENT WITH JOHN R. MCPHERSON, M.D., P.A., RE: MEDICAL DIRECTOR SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table Agreement with Space Coast Emergency Medical Services, P.A. (John R. McPherson, M.D., P.A., President) for Medical Director Services for two months. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Second Contract Extension with Dr. McPherson for such services. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION AND AUTHORIZE EXECUTION OF JOINT PARTICIPATION AGREEMENT WITH FDOT, RE: FY 1999 SECTION 5311 GRANT

Commissioner Cook inquired will the match come from the amount that is already allocated; with Interim Transit Services Director Jim Liesenfelt responding affirmatively and it will not require any additional local funding.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Section 5311 Grant Application to Florida Department of Transportation for $103,264 in public transit funding; and authorize the Chairman to execute the follow-up Joint Participation Agreement, amendments, or addendums, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

PUBLIC COMMENT

B. B. Nelson stated the CUP's scheduled for January 29, 1998 and all the others have complied with the County's laws; they have been publicly advertised; the applicants have put up their money; and not once did the issue appear on the Board's agenda that it was going to have a public hearing on a moratorium for CUP's. He noted he contends that what the Board is trying to do is illegal; it declared a moratorium on its own without any public notice or being on the agenda and no public hearing; and it is wrong.

Commissioner Cook stated the County Attorney was asked questions concerning the issue; emergencies sometimes come up; no one is going to lose their money; all the CUP's will be considered; and the Board's job is to protect the public interest. He noted the Board determined it had to have staff go back and review the whole CUP process because some things were happening that were not in the public interest; he understands Mr. Nelson's concern; and the Board is looking at making an exception for one particular industry on January 29, 1998. Commissioner Cook stated Mr. Nelson was not at the meeting where this decision was made; there was an emergency situation where a CUP that was 20 years old was permitted; now this antenna is in people's backyards; and the Board acted properly.

PUBLIC COMMENT

Mr. Nelson stated the Board should ask the County Attorney for a legal opinion on what it has done. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to provide a legal opinion at the Zoning Meeting on January 29, 1998 concerning the issue of having a moratorium on Conditional Use Permits. Motion carried and ordered unanimously.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 1:12 p.m.

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

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