The Board of County Commissioners of Brevard County, Florida, met in regular session on May 23, 2000, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Tim Franklin, Freedom Christian Center.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve the Minutes of October 12 and November 4, 1999 Regular Meetings, February 29, March 14, and April 4, 2000 Regular Meetings, and April 6, 2000 Zoning Meeting. Motion carried and ordered unanimously.

APPROVAL, RE: SCHEDULE OF SIGN ORDINANCE WORKSHOP

County Manager Tom Jenkins stated everybody is available on July 26, 2000 at 1:00 p.m. for a sign ordinance workshop.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to schedule a workshop on July 26, 2000, at 1:00 p.m. to discuss the Sign Ordinance. Motion carried and ordered unanimously.

CONTINUE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2251 AND 61-1171, NOISE PERFORMANCE STANDARDS

County Manager Tom Jenkins stated Planning and Zoning Director Mel Scott has requested Item IV.I relating to an Ordinance for Noise Performance Standards be continued to August 1, 2000 to allow an opportunity to meet with residents in South Brevard to go over the item.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance amending Section 62-2251 and 61-1171, Noise Performance Standards to August 1, 2000. Motion carried and ordered unanimously.

PERMISSION TO RESCHEDULE EXECUTIVE SESSION, RE: MAXWELL CASE

County Attorney Scott Knox requested the Board reschedule the Executive Session on the Maxwell case to Thursday, May 25, 2000.

Chairman Higgs inquired what time would Mr. Knox want to meet; with Mr. Knox responding whenever it is convenient for the Board. Commissioner Voltz advised some Commissioners have a Value Adjustment Board meeting before the Board meeting. Chairman Higgs inquired what time is the VAB meeting; with Commissioner Voltz responding she does not know, but will find out.

RECOGNITION, RE: EAST MIMS VISIONING 2000 GROUP

Commissioner Scarborough stated later today Juanita Barton will make a presentation on what is happening in East Mims; others are present, but since it will be a lengthy meeting, some may have to leave.

PERMISSION TO SEND LETTER, RE: EMPLOYEES OF PARRISH MEDICAL CENTER

Commissioner Scarborough stated he received a letter from some employees at Parrish Medical Center; and while the Board has heard about the bonding and other issues, it never delved into the service. He stated the employees felt that the lack of comment on the part of the Board was lack of support, but there is no lack of support on the Board, and it recognizes the quality of care that is provided.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to send a letter expressing the Board's support to the employees of Parrish Medical Center, and extending appreciation for their many years of service and dedication to providing quality medical care. Motion carried and ordered unanimously.

APPOINTMENT, RE: CONTRACTORS LICENSING BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Mary Tees to the Contractors Licensing Board, replacing Howard Chalson, with term expiring December 31, 2000. Motion carried and ordered unanimously.

REPORT, RE: WASHINGTON, D.C. VISIT

Commissioner O'Brien stated Heidi Brandow is present; they went to Washington, D.C. last week; and he asked her to come this morning to report to the Board on why they were there and what they tried to accomplish.

Heidi Brandow, Cocoa Beach Area Chamber of Commerce, stated this was the eight annual trip that the Cocoa Beach Area Chamber of Commerce made along with partners from Huntsville Chamber of Commerce, City of Sunnivale, and Clearlake Economic Development Foundation; there were ten representatives from Alabama, four from California, 15 from Florida, 23 from Texas, one each from Maryland, Kansas, Georgia, and Virginia; and the reason they make the trip is to advocate for the space station and space shuttle. She stated the trip begins with a briefing by lobbyists from NASA, Boeing, and United Space Alliance on the latest details of what is happening with the programs; it is their mission to break up into groups of four and meet with various Congressional and Senatorial representatives; and this year they primarily targeted new people in office. She stated they made 44 Senate visits and 176 House visits; and advised of attendees at a reception. She stated next week they will release a more comprehensive report which will detail a lot of the notes from each visit. She stated their costs are funded by sponsors; there are a variety of industries represented; they are making a significant difference to insure that NASA gets continued funding to continue the vital space program; and they were pleased to have a County Commissioner on the trip.

Commissioner O'Brien stated the list of travelers on the trip is extensive; he traveled with two representatives from Alabama; and outlined who his group visited. He stated the meetings were about the space station, and making a level playing field for Cape Canaveral Air Force Station and Kennedy Space Center. He stated the United States manufactures 89% of every satellite sent into outer space, but only launches 36% of them; NASA has to find a way to be competitive, and need the help of the Senate and House to reduce the amount of regulations which hold back the ability to launch and increase the cost to launch. He stated a lot of leather was worn out making sure the budget was not cut for NASA.

Ms. Brandow stated it is a national grass roots effort, recognized by those offices in Washington, D.C. She stated this is supported by Roy Bridges, and NASA provides a lot of information.

Commissioner Scarborough stated overtures have been made to work as a region; and inquired if they have received support from the Orlando Chamber of Commerce. Ms. Brandow stated they have just begun talks with Mr. Stuart, and advised of plans to have a program in the Orlando area. She stated in the last couple of years, the Florida Chamber of Commerce has recognized the effort and included space and space transportation issues on the priority agenda; however, the U.S. Chamber of Commerce recently endorsed Congressman Tim Romer who introduces an amendment each year to kill the space station. She recommended all Commissioners write to the U.S. Chamber of Commerce advising that is unacceptable; and commented on associated issues.

Commissioner O'Brien stated it is important to remind Congressmen and staff that as a County Commissioner from Brevard County, he represents almost 500,000 people, which is more than the population of Montana, Wyoming, Alaska, New Mexico, North Dakota, or South Dakota; and implored other Commissioners to go to Washington, D.C.

Commissioner Voltz stated she has encouraged other Commissioners to go to Washington, D.C. and Tallahassee for several years. Commissioner Carlson stated she and Commissioner Voltz are the only ones who have gone in a long time, but she is glad that Commissioner O'Brien did also.

ANNOUNCEMENT, RE: MERRITT ISLAND MUSTANGS BASEBALL TEAM

Commissioner O'Brien stated the Merritt Island Mustangs Baseball Team has done something that few high school teams can do, and that is to win the State Championship twice; and expressed congratulations to the team. He stated other champions were from Satellite Beach and Titusville.

CONTINUE PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATION FOR A. DUDA & SONS, INC. REZONING REQUEST

Commissioner Carlson stated the applicant requests Item IV.A., Planning and Zoning Board Recommendation for A. Duda & Sons, Inc. rezoning request be continued to July 25, 2000.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to continue the public hearing to consider the Planning and Zoning Board recommendation for A. Duda & Sons, Inc. rezoning request to July 25, 2000. Motion carried and ordered unanimously.

REPORT, RE: DESTINATION IMAGINATION

Commissioner Carlson stated Brevard County students not only excel in sports but also in academia; when she talked about the Odyssey of the Mind activities previously, she receive information from the Destination Imagination group. She stated it is another academic competition where the imagination is used; Longleaf Elementary and Westshore High School are in the national finals, and are going this week to Iowa State University to compete. She expressed congratulations to the teams, and wished them good luck.

DISCUSSION, RE: VALKARIA FIRE STATION

Commissioner Voltz stated she received a letter from Art Irvine from the Valkaria Aviation Association indicating he heard some decision has been made regarding a fire station in Valkaria, but no decision has been made to her knowledge; and she would like to have time to look into it. Chairman Higgs suggested it be done Thursday at the end of the zoning meeting. Commissioner Voltz stated she is not sure that is enough time to look into all the issues; and requested it be deferred to the first meeting in July. Chairman Higgs stated there are two issues coming up that need attention; one is the beach armoring project; staff is ready with a recommendation on the fire station; and she would like to put both issues on the agenda for Thursday night. Commissioner Voltz stated there are a lot of people who are very concerned about it; she has not seen anything on it; and she would prefer to put it off until the first meeting in July. Commissioner O'Brien stated he shares Commissioner Voltz's concerns.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to put the matter of the Valkaria fire station on the Agenda for the July 11, 2000 meeting.

Chairman Higgs urged the Commissioners not to support the motion, but support discussing it Thursday night so staff can get that underway. Commissioner Voltz stated everything done in Valkaria is controversial; it seems like it is being rushed through; and she would prefer it be put on the agenda. Chairman Higgs stated she talked to Mr. Irvine and met with various representatives of the homeowners groups; they finally have a consensus among a number of people; and they will have an opportunity Thursday to discuss it. She noted Fire Rescue indicates it will take approximately 30 days to get it up and running if the Board goes with the option they recommend.

Discussion ensued on the urgency of taking action, rushing the issue, Valkaria being a controversial, why such an issue would be brought up at a zoning meeting, no meetings in June, Agenda item on Thursday night, and giving everyone equal opportunity to look at the options.

Chairman Higgs called for a vote on the motion. Motion did not carry. Commissioners Voltz and O'Brien voted aye; Commissioners Scarborough, Higgs, and Carlson voted nay.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to schedule the reports concerning a Fire Station at Valkaria on the May 25, 2000 Agenda at the end of the zoning meeting.

Vice Chairman O'Brien stated the public has not been duly notified; this is being rushed for no good reason; and he received a fax from Mr. Irvine advising of problems. He stated to learn about something on Monday and have it heard on Thursday is inappropriate; the public deserves better; and it is no big deal to hold off until July. He stated he will not support the motion.

Commissioner Higgs stated Fire Rescue, the County Manager's office and the District 3 office have been working with the public for months to try to come up with a location; the proposal the Board will see on Thursday night is a temporary agreement to locate at the airport; and staff would continue to move forward on a permanent location. She stated the community has been working on this for a very long time.

Vice Chairman O'Brien stated the Board has not been working on it for a long time; it has not been put on the agenda for a regular meeting; it is being shifted to a Thursday meeting on very short notice; and he has not had any time to talk to anyone. He stated he is concerned because he knows how volatile the airport is with the public. Commissioner Higgs stated that is why it has taken a while to get the issue to the Board. She stated she has talked to Mr. Irvine; the location at the airport is 200 yards away from his preferred location; the Board's questions could be answered by staff over the course of the next couple of days; and they can then move forward with the temporary location. Vice Chairman O'Brien stated Mr. Irvine's question was why the County is putting the temporary fire equipment station on the same property that Mosquito Control has to fly out of; and stated there are too many questions left to be answered. Commissioner Higgs stated there are only three or four questions in regard to a temporary location. Commissioner Carlson stated she has not seen it either; but since Commissioner Higgs has worked on it a long time, she would respect her input and go along with it. She stated if the Board looks at it on Thursday, and Commissioner O'Brien still feels like he does not have information, another motion can be made; but because of the fire hazard at this time, this is an expedient thing to do. Commissioner Voltz inquired if Commissioner Higgs has been working on this for so long, why did it just now surface; with Commissioner Higgs responding they are finally at the point where the other options have not come forward. Commissioner Higgs stated they made offers on a number of different places to get a permanent location, but those have not come to fruition; so they need to move forward on a temporary location and continue to work on a permanent one. Commissioner Voltz stated she is not going to support it because it is being ramrodded through.

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

Commissioner Scarborough recommended staff make an extraordinary effort to notify those who have an interest.

Vice Chairman passed the gavel to Chairman Higgs.

Chairman Higgs stated from time to time each Commissioner has brought information before the Board during reports; and her only question today was when to schedule it; and she is trying to give sufficient notice to the Board and the public.

REPORT, RE: NUISANCE ORDINANCE

Chairman Higgs stated the Board received a letter from Major McCormick of the Sheriff's Office concerning the Nuisance Ordinance; and requested staff to develop a report on the situation and bring it back in July, 2000.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to develop a report concerning the Nuisance Ordinance and bring it back to the Board in July, 2000. Motion carried and ordered unanimously.

ITEM REMOVED FROM CONSENT AGENDA

Chairman Higgs stated pulled Item III.E.1, Approval, Re: Altered and Added Precinct Legal Descriptions for discussion.

DISCUSSION, RE: BEACH ARMORING

Chairman Higgs stated last week she requested a staff report on beach armoring; it came out yesterday; and she would like to discuss the issue on Thursday night.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize staff to schedule the report concerning beach armoring on the May 25, 2000 agenda at the end of the zoning meeting. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #5 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Contract Modification #5 with Ranger Construction Industries, Inc. for Malabar Road Widening Project, Phase II increasing the contract amount by $126,540 and time by six days. Motion carried and ordered unanimously.

PERMISSION TO ISSUE JOINT CHECKS TO TRIPLE G. SERVICE CORPORATION, RE: SR A1A PEDWAY PROJECT, GROSS POINT TO WAVE CREST

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to issue joint checks to Triple G Service Corporation and four of their subcontractors/suppliers, Gator Environmental Site Work at $490, National Equipment Rental at $1,071.25, BellSouth at $459.60, and City of Melbourne at $745.02, for claims made for the SR A1A Pedway Project, Gross Point to Wave Crest. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BIDS, AND EXECUTE CONTRACTS, RE: PEDWAY FACILITIES, BRIDGE REPAIR/REPLACEMENT PROJECTS AND MINOR ROAD WIDENING PROJECTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid construction for pedway facilities, bridge repair/replacement projects, and minor road widening projects; award the bids to the lowest responsible bidders; and authorize the Chairman to execute the contracts. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: HVAC ENERGY STUDY OF MERRITT ISLAND SERVICE COMPLEX

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Florida Power & Light Company for $2,500 rebate for HVAC Energy Study of Merritt Island Service Complex. Motion carried and ordered unanimously.

WATERLINE EASEMENT TO CITY OF TITUSVILLE, RE: WATER MAINS AND FIRE HYDRANTS AT NEW HEALTH BUILDING ADDITION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Waterline Easement to the City of Titusville for operation and maintenance of water mains and fire hydrants at the new addition to the health building in Titusville. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH MESSER CONSTRUCTION, RE: FAY LAKE WILDERNESS PARK RESTROOM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Change Order No. 2 with Messer Construction, Inc., extending the contract time by 15 days for construction of Fay Lake Wilderness Park restroom. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH JAM CONSTRUCTION SERVICES, INC, RE: LONG POINT PARK BATHHOUSE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Change Order No. 3 with JAM Construction increasing contract amount by $1,054 and extending contract time by 23 days for construction of Long Point Park Bath House. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: FACILITIES MANAGEMENT SHOP AT VIERA

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid construction of a shop office for Facilities Management at Viera, award to lowest qualified bidder, and authorize the Chairman to execute the contract with successful bidder. Motion carried and ordered unanimously.

AGREEMENT WITH DISTRICT BOARD OF TRUSTEES OF BREVARD COMMUNITY COLLEGE, RE: EXCHANGE OF PROPERTY FOR SHERIFF'S FACILITY AT PALM BAY CAMPUS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute an Agreement with the District Board of Trustees of Brevard Community College for the Sheriff to locate a facility on the Palm Bay Campus. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ERNEST SPIVEY, RE: DAIRY ROAD AND SINGLETON AVENUE INTERSECTION IMPROVEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Ernest Spivey in conjunction with Dairy Road and Singleton Avenue Intersection Improvement project. Motion carried and ordered unanimously.

INITIAL ASSESSMENT RESOLUTION, RE: ORDERING ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS FOR FARNSWORTH AVENUE ROAD PAVING MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Initial Assessment Resolution ordering acquisition and construction of improvements for the Farnsworth Avenue Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: PEROUTKA LANE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final engineering approval for Peroutka Lane, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: GRAND HAVEN SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final engineering approval for Grand Haven Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: CROSS CREEK SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final engineering approval for Cross Creek Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MAGNOLIA POINTE AT SUNTREE, UNIT 2

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Magnolia Pointe at Suntree, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: GRAND ISLE SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Grand Isle Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH HAROLD WHYNOT, RE: WHYNOT DRIVE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute an Unpaved Road Agreement with Harold Whynot for construction of a road in existing County right-of-way to the standards of the Unpaved Road Ordinance 97-02. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-102, FLAT STEM/EASEMENT LOTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending Section 62-102 of the Code relating to flag stem/easement lot approval. Motion carried and ordered unanimously.

ACKNOWLEDGE ORDINANCES #2000-24 AND #2000-25 FROM CITY OF MELBOURNE, RE: ANNEXATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Ordinances Nos. 2000-24 and 2000-25 from the City of Melbourne regarding voluntary annexation of real properties. Motion carried and ordered unanimously.

AUTHORIZATION, RE: MUNICIPAL REVIEW OF LOCAL OPTION GAS TAX PERCENTAGE ALLOCATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to direct the Office of Transportation Planning to mail a copy of the Local Option Gas Tax percentage Allocations to each municipality for review; and set the date for the final review of the allocations for July 11, 2000. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT ALCO-REST, INC., RE: REHABILITATION OF HOME IN COCOA

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment to Agreement with Alco-Rest, Inc. amending the HOME Investment Partnership Program Community Housing Development Organization to provide assistance for rehabilitation of a single-family home in the City of Cocoa. Motion carried and ordered unanimously.

APPROVAL, RE: PURCHASE OF NETWORK EQUIPMENT AND BUDGET CHANGE REQUEST

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize purchase of $58,809 of computer network equipment from Data Systems Network Corporation, to support the fiber optic cabling throughout Central Brevard Library; and approve a Budget Change Request transferring funds for the purchase. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: VEHICLES FOR PARKS CONSTRUCTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the purchase of two 4-WD Chevrolet Blazers by formal bid for Parks Construction to be used primarily for daily inspections of construction projects. Motion carried and ordered unanimously.

APPROVAL OF CONTRIBUTIONS TO CITIES OF MELBOURNE AND PALM BAY, PORT ST. JOHN JUNIOR CHAMBER OF COMMERCE AND TITUSVILLE JUNIOR CHAMBER OF COMMERCE, RE: FOURTH OF JULY FIREWORKS DISPLAYS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve contributions of $1,000 each for Fourth of July fireworks displays sponsored by the City of Melbourne, City of Palm Bay, Port St. John Junior Chamber of Commerce, and Titusville Junior Chamber or Commerce. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BIDS, RE; SHORELINE STABILIZATION AND BOARDWALK REPAIRS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to bid shoreline stabilization and boardwalk repair projects, and award bids to the lowest qualified bidders. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING AGREEMENT WITH TOWN OF INDIALANTIC, RE: NANCE PARK

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement to Extend Existing Agreement with Town of Indialantic for continued use, development, maintenance, and operation of Nance Park until June 11, 2037. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST EARLY INTERVENTION CENTER, INC., RE: THERAPEUTIC PLAYGROUND

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Space Coast Early Intervention Center, Inc. to provide innovative learning and therapeutic opportunities for pre-school children by purchasing and installing a therapeutic playground on its property for use by the general public on weekends, if the County provides supervision. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: ATHLETIC FIELD LIGHTING

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the purchase of athletic field lighting from the Price Agreement Contract of the City of Jacksonville for South Merritt Island Little League, Don Stradley Fields, and Rockledge, McLarty , and Rodes Park. Motion carried and ordered unanimously.

PERMISSION TO OBTAIN APPRAISALS AND NEGOTIATE PURCHASE OPTIONS, RE: PARCELS FOR PARKS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the Parks and Recreation Director to secure appraisals and negotiate purchase options for parcels identified for possible inclusion in a November Referendum, with purchase options to come back to the Board for approval and execution of Contract. Motion carried and ordered unanimously.

AGREEMENTS WITH ERNEST CHANG, JOE D'ACHILLE, KEPLER FUNK, A. J. KUTSCHE, BRIAN ONEK, KEN STUDSTILL, AND KEITH SZACHACZ, RE: LEGAL REPRESENTATION OF INDIGENTS IN CONFLICT CAPITAL CRIMINAL PROCEEDINGS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreements with Ernest Chang, Joe D'Achille, Kepler Funk, A. J. Kutsche, Brian Onek, Ken Studstill, and Keith Szachacz for legal representation of indigents in conflict capital criminal proceedings from July 1, 2000 through September 30, 2001. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: COMMUNITY ASSISTANCE GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for a Community Assistance Grant of $391,314 to provide commuter assistance from June 1, 2000 through May 31 2002; and authorize the Chairman to execute follow-up agreements, amendments, or addenda contingent upon the approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ARCADIS GERAGHTY & MILLER, INC., RE: CONSULTANT SERVICES FOR REMEDIATION OF OLD MOSQUITO CONTROL COMPLEXES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment to Agreement with ARCADIS Geraghty & Miller, inc. to provide consultant services for remediation of old Mosquito Control complexes to meet FDEP Consent Order requirements at Melbourne and Merritt Island sites. Motion carried and ordered unanimously.

GRANT AMENDMENT FORM WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: COOPERATIVE AQUATIC PLANT CONTROL PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Grant Amendment Form with Department of Environmental Protection for the FY 1999-2000 Cooperative Aquatic Plant Control Program. Motion carried and ordered unanimously.

APPROVAL, RE: TENTATIVE DETAILED WORK PLAN BUDGET FOR MOSQUITO CONTROL FOR FY 2001

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Tentative Detailed Work Plan Budget for Mosquito Control for FY 2001. Motion carried and ordered unanimously.

APPROVAL OF SCHEDULE, RE: MANATEE PROTECTION WORKSHOP

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to schedule a Manatee Protection Workshop on July 10, 2000 at 1:00 p.m. Motion carried and ordered unanimously.

APPROVAL OF GRANT PROPOSAL TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXOTIC PLANT MANAGEMENT PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize Natural Resources Management Office to submit a grant proposal to Department of Environmental Protection, Bureau of Invasive Plant Management, for removal of Brazilian pepper trees on County lands; authorize the Natural Resources Management Director to sign grant documents; and approve necessary Budget Change Requests to expend the funds. Motion carried and ordered unanimously.

MODIFIED SOVEREIGN SUBMERGED LANDS EASEMENT WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: SHORE PROTECTION PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute modified Easement Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, represented by the Division of State Lands, Department of Environmental Protection, to grant authority to the County to stockpile sand in a near-shore rehandling area that lies within State waters, to provide greater flexibility to the Shore Protection Project's contractor during inclement weather or mechanical failures. Motion carried and ordered unanimously.

APPROVAL OF ACQUISITION, RE: LAND ADJACENT TO SARNO LANDFILL

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the acquisition of 68.34 acres of land adjacent to the County's Sarno Road Landfill; and authorize the Chairman to execute the Contract for Sale and Purchase. Motion carried and ordered unanimously.

WAIVER OF BID AND PERMISSION TO PURCHASE, RE: REBOUND FOR COCOA WEST SOFTBALL FIELD AND SPORTS TURF RUBBERSTUFF FOR ROTARY PARK IN SUNTREE AND LONG POINT PARK

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to waive bid requirements and approve purchase of REBOUND, a soil amendment, from American Rubber Technologies for reconstruction of athletic fields at Cocoa West, and SportsTurf RubberStuff, a playground surfacing material, for Rotary Park in Suntree and Long Point Park in Melbourne Beach. Motion carried and ordered unanimously.

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE: RECYCLING EDUCATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Keep Brevard Beautiful, Inc. to provide recycling education services for the 2000/2001 school year at $34,095.93. Motion carried and ordered unanimously.

AGREEMENT WITH RJN GROUP, INC., AND APPROVAL TO TRANSFER FUNDS, RE: ENGINEERING SERVICES FOR SOUTH BEACHES SANITARY SEWER EVALUATION SURVEY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to accept the recommendations of the Selection and Negotiating Committees and execute Master Engineering Agreement and Task Orders 1 and 2 with RJN Group, Inc. to conduct a Sanitary Sewer Evaluation Survey of the South Beaches Sewer System; and authorize transfer of funds from Capital Reserves for the project. Motion carried and ordered unanimously.

AGREEMENT WITH BAREFOOT BAY PROPANE GAS COMPANY, AND APPROVAL OF ONE POSITION AND BUDGET ADJUSTMENTS, RE: OPERATION AND MAINTENANCE OF GAS SERVICE IN BAREFOOT BAY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the Water Resources Director and County Attorney to develop an agreement for collection of service fees and miscellaneous assistance for the Barefoot Bay Propane Gas Company; and authorize the Chairman to execute the Agreement. Motion carried and ordered unanimously.

APPROVAL OF PROPOSALS AND GRANT AGREEMENTS WITH FLORIDA DEPARTMENT OF ELDER AFFAIRS, AND BUDGET CHANGE REQUESTS, RE: SURVEY AND RESEARCH SUPPORT FOR COMMISSION ON AGING PLANNING PROCESS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Proposals and Grants Agreements with Florida Department of Elder Affairs supporting the research phase of the Commission on Aging planning process; and authorize the Chairman to execute the Grant Agreements and Budget Change Requests contingent upon Risk Management and County Attorney approval. Motion carried and ordered unanimously.

PERMISSION TO EXERCISE SECOND-YEAR OPTIONS, RE: BID #B-5-9-66, SAND MATERIALS AND BID #B-5-9-79, ELECTRICAL HOURLY RATES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to extend the bid award made under Bid #B-5-9-66 for sand materials for Parks and Recreation, and Bid #B-5-9-79 for electrical hourly rates for a second year. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, AND AUTHORIZATION FOR COUNTY MANAGER TO EXECUTE DOCUMENTS, RE: RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Florida Power & Light Company for $28,166, to participate in the Radiological Emergency Preparedness Programs required of nuclear plants; and authorize the County Manager to execute documents for reimbursement of funds associated with the grant. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF ROCKLEDGE, RE: USE OF EMERGENCY OPERATIONS CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Rockledge for the use of the City's Emergency Operations Center as a training center for 9-1-1 Call Takers, as well as a backup Public Safety Answering Point in the event one of the 11 Public Safety Answering Points in the County is debilitated. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF SOLID WASTE MANAGEMENT DEPARTMENT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Internal Audit of Solid Waste Management Department for the period from October 1, 1998 through September 30, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF TRANSIT SERVICES DEPARTMENT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Internal Audit of Transit Services Department for the period from October 1, 1997 through December 31, 1998. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZENS ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to appoint Debra Bleau to the Employee Benefits Advisory Committee, replacing Kim Couture, and Dee Pina to the Brevard Commission on Aging, with said terms expiring on December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: COMMEMORATING MEMORIAL DAY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt a Resolution commemorating May 29, 2000 as Memorial Day in Brevard County; and asking God to bless the souls of departed service men and women and the Country they gave up everything to serve. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JASPER TRIGG

Commissioner Carlson read aloud a resolution commending Jasper Trigg for his ten years of service to the County.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution commending Jasper Trigg for his ten years of dedication and hard work, and wishing him good health and happiness during his retirement. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Jasper Trigg. Mr. Trigg stated his years with the County have consisted of many learning experiences, rewards and successes, and personal gratification. He acknowledged the contributions of his family and Housing and Human Services Director Bernice Jackson; and stated he has appreciated the opportunity to work for the County.

Chairman Higgs stated the Board appreciates the opportunity to have worked with Mr. Trigg; it has been a wonderful experience; and the Board wishes him the best.

RESOLUTION, RE: PROCLAIMING MANAGEMENT WEEK

Chairman Higgs read aloud a resolution proclaiming June 5 through 10, 2000 as Management Week.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the week of June 5 through 10, 2000 as Management Week in Brevard County, and expressing appreciation to the National Management Association for its valuable contributions and assistance to the citizens of Brevard County. Motion carried and ordered unanimously.

Chairman Higgs presented the Resolution to Nancy Skeldon, National Management Association, Florida Space Coast Chapter. Ms. Skeldon stated during Management Week the Association recognizes all businesses, business leaders, and managers throughout the County; and advised of a dinner to be held on June 6, 2000. She advised an invitation has been sent to the County Commissioners, and she hopes someone will attend. Chairman Higgs stated she appreciates Ms. Skeldon calling it to the Board's attention; and expressed appreciation for what the Association does to foster better industry and business relations.

RESOLUTION, RE: RECOGNIZING REGIONAL SURFING CHAMPIONSHIP PARTICIPANTS

Chairman Higgs stated on May 27 through 29, 2000 at Sebastian Inlet, the County will be host to 350 of the top surfers from the southeastern United States for the Regional Surfing Championships.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing participants of the Regional Surfing Championship on May 27, 28, and 29, 2000 at Sebastian Inlet. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING HURRICANE AWARENESS MONTH

Emergency Management Director Bob Lay stated the upcoming hurricane season is expected to be similar to last season; and the municipalities, County, and civic organizations have been pulling together for the upcoming season. He advised the Merritt Island Kiwanis Club is holding the first Hurricane Expo at Kiwanis Park on June 10, 2000; and he appreciates the Board adopting the resolution because June is the month when everyone needs to make sure their preparations are in order.

Commissioner Scarborough read aloud the resolution proclaiming June, 2000 as Hurricane Awareness Month.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution proclaiming June, 2000 as Hurricane Awareness Month. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Mr. Lay.

Commissioner O'Brien stated the SR 528 bridge over the Indian River heading west may be closed by FDOT in order to replace the bridge; and Mr. Lay may wish to start working with FDOT to see that both lanes will be open if there is an evacuation. Mr. Lay stated he was not aware of that, but will work with FDOT to make sure there is an adequate way to evacuate.

PRESENTATION OF REVENUE SHARING CHECK, RE: RON HIGHT, MERRITT ISLAND NATIONAL WILDLIFE REFUGE

Ron Hight, Merritt Island National Wildlife Refuge, stated last year the revenue sharing check was transferred electronically, and there were complications; so it was decided to go back to the old way where he brings the check to the Board. He stated it is still not 100% funded in terms of what the County is eligible for; this year the check is for $46,759, which is 58% of what is allowed under the system; and suggested contacting the Congressmen to see that the program be fully funded. He presented the check to County Manager Tom Jenkins. Mr. Hight explained the revenue sharing program; and stated the system is in place as a way of dulling the effect of lands that are taken off the tax rolls.

Commissioner O'Brien inquired if it would be beneficial if the Board sent a letter to U.S. Fish and Wildlife and to specific boards of the Congress that do the funding. Mr. Hight stated it would be very advantageous for that to happen.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Manager to work with Mr. Hight to prepare a letter for the Chairman's signature to the U.S. Fish and Wildlife Service and appropriate Committees of Congress requesting funding for the full entitlement program. Motion carried and ordered unanimously.

Chairman Higgs stated the Merritt Island National Wildlife Refuge is a treasure everyone enjoys; and expressed appreciation to Mr. Hight.

Commissioner O'Brien inquired how many kinds of endangered species are on the Refuge; with Mr. Hight responding 24 species, and there are also plant species. Mr. Hight commented on additional properties with various plant species.

RESOLUTION, RE: PROCLAIMING NATIONAL GARDEN WEEK

Commissioner O'Brien read aloud from a newspaper article concerning the Cocoa-Rockledge Garden Club winning State awards; and stated he had the privilege of having lunch with the Garden Club recently. He read aloud from a resolution proclaiming the week of June 4 through 10, 2000 as National Garden Week.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt a Resolution proclaiming the week of June 4 through 10, 2000 as National Garden Week. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Gail Wood, representing the Garden Club. Ms. Wood advised of the programs and activities of the Garden Club including planting of trees at Kiwanis Island and landscaping certain libraries. She stated this morning the Florida Federation of Garden Club Headquarters in Winter Park is having a garden party to introduce the wildflower license plate; and proceeds from the sale of the license plates will support the community in planting grants, educational programs, and research. She commented on the wildflower program; stated earlier this month area Garden Club members and Commissioner O'Brien met to discuss planting wildflowers along SR 528; and Commissioner O'Brien said he would do whatever was necessary to help. She stated Mayor Rocky Randels will ask the Cape Canaveral City Council to designate the area on SR 528 from I-95 to Cape Canaveral as the test site for the first wildflower project; and she will know the results of the vote later today. She displayed a sample of the wildflower license plate; stated for several years a number of the garden clubs, in cooperation with the Florida Department of Transportation have sponsored Paths of Sunshine awards for FDOT maintenance units; and she hopes they will get one for SR 528. She presented flowers to the Commissioners; and advised of the contributions of the City of Cape Canaveral to the SR 528 planting program.

Commissioner O'Brien stated it will be nice to drive from I-95 to the beaches and see wildflowers all the way in.

RESOLUTION, RE: COMMENDING JUDY ZIMNOCH

Commissioner Carlson read aloud a resolution commending Judy Zimnoch for her 32 years of outstanding service to the County in the Parks and Recreation Department.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution commending Judy Zimnoch for her outstanding service to the County. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Judy Zimnoch. Ms. Zimnoch expressed appreciation to the Board for the Resolution and to her fellow employees for their support and help. Chairman Higgs stated the Board appreciates Ms. Zimnoch, and her fellow employees are present to recognize her.

RESOLUTION, RE: COMMENDING LIBBY MCELROY

Clerk of the Circuit and County Courts Sandy Crawford stated Libby McElroy has been serving the Board behind the scenes for 15 years, 6 months, and 23 days, and will be retiring on June 30, 2000. He read aloud a resolution commending Libby McElroy for her dedicated and valuable service to the Clerk of the Circuit and County Courts, Brevard County, and its citizens, and extending best wishes for good health and happiness during her retirement.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Libby McElroy for her service to the Clerk of the Circuit and County Courts, Brevard County, and its citizens. Motion carried and ordered unanimously.

Chairman Higgs expressed appreciation to Ms. McElroy; and stated Mr. Crawford's office keeps the Board Minutes straight, and the Board appreciates what they have done over the years. Ms. McElroy thanked the Board for the Resolution.

RESOLUTION, RE: COMMENDING RETIRING TEACHERS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolutions commending retiring teachers in North Brevard. Motion carried and ordered unanimously.

DISCUSSION RE: OPTIONS FOR EXPANSION OF COURTHOUSE FACILITIES

Judge Preston Silvernail thanked the Board for the opportunity to speak to the Board about the report from the National Center for State Courts; stated the judges recommended some months ago that the Board employ the Center to come to the County, consult with all relevant and interested parties, and issue an opinion about where to go from here; and the Board has that report. He stated the experts secured information from the State which confirmed the need for judicial facilities will continue to expand; the experts projected to the year 2020; and it is clear the needs will continue to expand. He stated the report indicates the County will service those needs by continuing to expand the number of circuit and county judges; but the past Legislative session indicated that may not be the case, and there may be alternatives in terms of general or special masters, expansion of traffic hearing officers, and those types of personnel. He stated either way the number of persons hearing cases will continue to expand; and that will mean a continued need for expansion of facilities. He stated the experts did a good job in applying the information they had at the time, but there may be some alternative to the three options that were set out. He noted he said from the beginning that at some point the County was going to need to address facilities in the southernmost area of the County, meaning Palm Bay; and he sees no impediment to building a court facility of two to four courtrooms in Palm Bay to service County Court judges. He suggested the Board also take the opportunity to bring the Babcock Street property on board and build an expanded court facility of six to eight courtrooms as quickly as possible. He stated the Legislature did not fund the three judges this year; this is only the third time that the Legislature has not addressed the need for judges when such need was certified by the Florida Supreme Court; on the two previous occasions, they were addressed in the next year; and he thinks next year the County will get three or four judges. He stated it would be appropriate to take advantage of the generous offer on Babcock Street and proceed to develop a court facility in that area. He stated the Viera facility should continue to be the center of court functions; that is the recommendation of the experts and the logical thing to do; and there should be expanded court facilities on Babcock Street, two to four courtrooms in the Palm Bay area, and continued use of the Titusville Courthouse as a full-service courthouse. He stated the report pointed out two of the problems, and the first is where will the County get the money to expand the facilities; and suggested the building of the facility on Babcock Street may be financed through court costs and fines. He stated there are some ingress/egress problems to overcome in terms of building on the Palm Bay site; but they can come up with a design that will facilitate the building there; it would be logical to build two to four courtrooms in conjunction with the building the County has indicated it will put there; and all groups, including lawyers, Clerk's Office, and judges, agree there is a need to expand court facilities. He stated all anyone has to do is walk through the Clerk's area at Viera to see that there are not enough facilities; he has made his recommendation; and the ultimately judgment is the Board's.

Commissioner Carlson stated when the scope of service was initiated, it was a two phase initiation; the first phase was passed on March 14; the second phase had to do with analyzing the overall criminal justice system for efficiency; but that was not done at the time because the Board was not ready to act on it, and there were some issues with the Clerk's office with the computers; and inquired if that information would have helped in the decision-making or made any difference; with Judge Silvernail responding no. Judge Silvernail stated there is little doubt that the court facilities need to be expanded; and it would be nice to have more information, but at some point it is necessary to stop gathering information and start making decisions. Commissioner Carlson inquired if Judge Silvernail received the letter that Mr. Parker of Republic Safety put together; with Judge Silvernail responding he did not receive that.

Steve Brewer stated he is a practicing attorney in Titusville; he primarily does family law and civil court litigation; he spends three to four days a week in Viera; and although Viera is not ideal, it is better than the proposed Babcock site. He stated he agrees with Judge Silvernail concerning the construction of County court facilities in Palm Bay; but he disagrees on the other matters. He stated he does not see any advantage to building on the Babcock site; it is more expensive; and the County already has land on which to build. He stated the Viera Courthouse was designed to be duplicated using the infrastructure that is there such as security systems, elevators, etc. He stated the system that is presently in place for assignment of cases creates a problem with the Babcock site; he was on the Committee that made the decision on the Viera Courthouse; and commented on the advantages of centralization. He stated the gift of the Babcock property was conditioned on there being a civil court facility only; and he does not believe it would work with that condition. He explained the system for random assignment of judges to cases; advised of rotation of judges from family law to criminal law; and commented on difficulties in having a civil only court facility at Babcock Street. He stated anyone north of Viera will have to drive further to get to court; the traffic report indicates problems in accessing the facility; and the report involves attempting to help the City of Melbourne out with its downtown, which should not be the function of the Board in making the decision. He stated at the original meeting, the Board decided to have the Bar Association and attorneys consulted, but that has not been done. He commented on getting free land, spending $5 million to $7 million more than would be spent utilizing what was designed several years ago, and pros and cons of the Babcock site. He stated Viera should be expanded with possibly traffic court facilities in Palm Bay; and commented on Operational Scheme 2 on page 30 of the report.

Ed Palmer, Melbourne City Councilman, stated when the Melbourne City Council discussed this issue in February, 2000, it unanimously recommended that the court facility be placed on the Babcock property; and submitted paperwork. Mr. Palmer commented on growth in Brevard County and need for judicial facilities; and stated it is possible to be so inundated by facts that one becomes a mass of indecision. He stated the Babcock facility is desirable not only for the City of Melbourne, but for the people of the County; the Titusville facility takes care of those in North Brevard; the Viera facility takes care of Central Brevard; and South Brevard, which has the preponderance of people, is the one that is lacking. He stated the County has been fortunate enough to be given the opportunity to receive 13 acres located one block off U.S. 1; and the key issue is the need of the people. He stated comments were made that this facility would only benefit the attorneys, etc. in Melbourne, but that is not true; it would benefit all the people in South Brevard; and it is a cost effective way to solve the judicial shortfall problem.

Bob Nanni, representing the City of Palm Bay, stated in talking about population centers, it is necessary to talk about Palm Bay; and if Malabar, Valkaria, Grant and South unincorporated Brevard County were included with Palm Bay, the court facility would provide services to more than 200,000 people. He stated for everyone in South Brevard to go north on Babcock Street would be difficult; and advised there were no inquiries to the City of Palm Bay concerning the issues that are noted in the pros and cons of the report. He stated there are a couple of options; the Board can recognize the fact that a court facility is needed in the largest city in the County and 19th largest city in the State; it is a government service that has to be provided to the community; and if the Board is in doubt about what is in the report or feels that new information is coming in, it can allow 40 to 60 days for the City to put together a review and rebuttal. He stated the Bayside Lakes area is easy to get to; going south on Babcock Street, the traffic thins out; and the Brevard Community College campus is readily available next to I-95. He noted he is not speaking on behalf of BCC, but is simply indicating that there are key geographical areas that are easy to get to in the City of Palm Bay.

Commissioner Carlson inquired if Mr. Nanni saw the traffic study that was done concerning the additional traffic if the courtrooms were to go to Bayside Lakes; stated the implication was 2,700 extra trips per day into that area; and inquired how Mr. Nanni sees that affecting the residential area surrounding the hole in the doughnut. Mr. Nanni responded that is some of the detail that did not appear to be available in the report; if someone went south on Babcock Street and west on Waco, that is the only residential area that would be impacted; the south part of Emerson is not heavily populated; and it is not that difficult to get there. He noted more than 100,000 people would have to go from that area north to get to the Babcock site or Viera.

Commissioner Scarborough stated level of service is a technical term in planning, but does not address how long it takes a person to get to a courthouse; and there could be level of service A or B and a series of lights, and it would be a mess moving from one end of the town to the other. He stated the type of information Mr. Nanni needs involves the convenience to the people who are going to use the facility; and just because there is no level of service issue or building moratorium, the issue is how convenient it is to the people who will use the facility. He stated the growth of the community has to be taken into account as well; and Palm Bay is projected to continue to grow, so it plays a key role in the decisions about facilities in South Brevard. Mr. Nanni stated there are a lot of people there; the population buildout is 250,000 people; and that is why the decisions are geared toward the future.

Paul Gougelman and stated the decision concerning the facility will impact the legal profession more than anyone else in the County. He stated in most communities there are law offices located near the courthouse; but Brevard County is an exception to that. He stated he had high hopes for the centralization concept; but it has not received the popular acclaim that many had hoped it would. He stated most attorneys in the southern half of the County have located their offices in Melbourne or West Melbourne; and most would prefer the Melbourne location for the new facility.

Coleman Goatley, representing Bayside Lakes Development Corporation, stated he will be glad to sell some space to attorneys to put offices if anyone is interested. He stated he remembers when it was necessary to drive to Titusville to get anything done in a government office; and right now the citizens of South Brevard are looking at the same situation with respect to getting to Viera. He stated South Brevard citizens should have access to government offices and court facilities; and that could only be provided by putting the facility far enough south so that it could serve Palm Bay, Sebastian, Grant, and the whole area. He stated Mr. Nanni cited the population buildout of Palm Bay; but that does not consider the increasing population further south; and recommended the Board consider distributing facilities in such a way that they are accessible to the citizens and make sense. He stated the point was made during the Valkaria annexation hearings that Bayside Lakes was intended to be the center of Palm Bay; the roads are positioned so the center will be accessible from anywhere in surrounding Palm Bay; and if one looks at a map, that becomes evident. He stated Bayside Lakes is placing a four-lane road entirely through the area between DeGroodt and Emerson; County government centered in Bayside Lakes would better serve the County; and it would be possible to start building now because the infrastructure is there.

Chairman Higgs inquired if there is anything the staff needs to talk about in regard to the issue; with County Manager Tom Jenkins responding no, staff has provided the Board with all of the reports that have been obtained on the subject, so the Board has the information.

Commissioner Voltz inquired if the Board is not considering the site at BCC; with Mr. Jenkins responding at one time the Board had considered a location at BCC prior to choosing Bayside Lakes. He stated the County is proceeding with locating the service complex at Bayside Lakes. Commissioner Voltz stated Mr. Nanni requested this be continued for 60 days to allow them time to look into the issue in more detail.

Commissioner Scarborough stated with the prior issue of going to Bayside Lakes or BCC, his preference was the BCC campus, but there was not enough room; government needs to have expansion room; it needs to think in terms of a multitude of decades to be prudent; and if it does not do that, it ends up crunching itself and having to buy more expensive land. He inquired if the Board could look at Bayside Lakes and the BCC campus, and does judicial have to be part of the service complex; with Mr. Jenkins responding they are two separate entities; and the Sheriff's Department is going to the BCC campus now. Commissioner Scarborough inquired how many acres at BCC were available; with Mr. Jenkins responding 17 acres. Commissioner Scarborough inquired what type of facilities can be put on 17 acres with full buildout for judicial; with Facilities Management Director Hugh Muller responding it would be possible to replicate the Moore Justice Center, which is 15 acres if built out. Chairman Higgs inquired how many acres are at Bayside; with Mr. Jenkins responding the County is buying it in two phases. Mr. Muller advised the first phase is 20 acres; and the second phase is an option for another 15 acres. Commissioner Scarborough advised of his disappointment in the report; stated there are a number of things that are fundamentally absent; and it not only affects the Palm Bay/Melbourne area, but everyone throughout the County. He stated the idea of going into the center of the City is nice, but there is also the idea of having enough space; he has already touched on the travel time, which is a key component; and the County spent a lot of money at Viera in oversizing systems for the purpose of expanding. He stated there was no discussion about the difference in court types; and the report is a waste of the County's money. He stated he is prepared to say no to the Babcock site, and go to Palm Bay.

Chairman Higgs inquired if Commissioner Scarborough is saying to go to Palm Bay with all facilities; with Commissioner Scarborough responding the County Court, and expand Viera for the Circuit Court which would be in line with what makes sense. He stated the report is just leading the Board down the wrong road.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to thank Mr. Nance for his offer; abandon any further discussion on the Babcock Street property; and examine the two locations again and the expansion of the Circuit Court at Viera.

Commissioner Carlson inquired if Commissioner Scarborough is talking about alternate number 2, or is he discounting the entire report. Commissioner Scarborough stated the whole community put a lot of time into this discussion; and this does not make any sense in any prior context.

Chairman Higgs stated she was on the Board when the decision was made to come to Viera and through the building process; but she did not support the decision to build at Viera because the facilities need to be built in existing communities. She stated it does not serve the community by continuing to expand at the Viera location, although it will need some expansion in the future; so the report is valid. She stated the Center for State Courts looked at the future for Brevard County; it determined the population is going to grow in the south and that growth needs to be accommodated; when the Board made the decision to build the service facility in Palm Bay, that plan included courtrooms for County Court; and she continues to support that. She stated the center that has been proposed at Babcock Street would serve the south-central area with a Circuit Court facility; there would then be such a facility at Viera, one at Titusville, and one at Melbourne; the Board would have resources to build at the Bayside Lakes site; and it could put the high volume County Court facility there. She stated the perception she had through the various reports was a commitment to having the courts where the people who have to use them are located; the Babcock Street site does accommodate that; there is capacity on U.S. 1 and on Babcock Street; and they can also move forward on the Palm Bay facility. She stated the Board should have built the large facility it put at Viera on the Hibiscus site, but it did not; that would have been the wise thing to do; and in the future, there will be additional courtrooms at Viera, at the Babcock Street site, and in Palm Bay. She stated that is a reasonable plan for the future of the system and community; she supports what is in the report and the recommendation of Judge Silvernail; and the Board should accept the offer it had and move forward with the Babcock site and with the Palm Bay facility.

Commissioner O'Brien stated he does not support the motion for Palm Bay or Melbourne; the study done by Hansen Lind Meyer, Inc. in 1993, firmly stated that Viera was the place to build any and all new court facilities; Charles Moehle on February 22, 2000 expressed concerns about the methodology used in assigning civil court cases by courthouse location; someone living in Melbourne could have to go to Titusville to be heard in court, for example; and if there was another courthouse in Melbourne, things could get unbelievably complicated. He stated the study brought out some important things; and noted the judges comments in Patricia L. Griffin vs. Brevard County Bar Association concerning stopgap efforts to meet the long existing problem creating a sprawling wasteful cumbersome and inefficient court system beyond the control of court officials. He stated at that time there were five courthouses in the County; the Board is talking about going back to three facilities, and it could go back to four or five; but the judges have said they do not want a spread-out system. He stated the study says, "basic understanding of the judicial system and process is fundamental to proper planning, and failure to grasp the roles and operations of each component can lead to serious mistakes in facility development and contribute to system dysfunction and creation of public confusion and undue public expense"; and on to discuss the functions of courts. He stated the consultant's conclusion was that the County would need approximately 516,000 gross square feet of space to accommodate its judicial system through the year 2010; and the County has far less than that now. He stated the study asks four fundamental questions, the advantages and disadvantages of the existing service delivery pattern, how the court could be organized to maximize its efficiency, the impact of technology on future court operations, and where the courts should be located; and those questions were answered by the Board in 1993. He stated the study indicates service delivery pattern complicates case management leading to increased opportunity for dysfunction by having courthouses all over the place; and it adds to operating costs making justice more expensive for everyone. He stated it drives uneven distribution of technological resources contributing to communication and processing failures, produces unequal demands on staff and space leading to morale problems, complicates hiring practices, and exacerbates conflicts in schedule. He stated creation of several facilities of similar purpose produces a repetition of certain kinds of space such as jury assembly and public waiting areas; the redundancies drive an overall higher spatial demand than would be required by a single or fewer facilities; and to build another courthouse would disburse staff resources, prevent staff usage in a flexible way, encourage disparate management practices which could handicap uniformity, and promote parochial competition for scarce resources. He noted all the attorneys before the Board were from Melbourne; with Chairman Higgs noting Mr. Brewer is from Titusville. Commissioner O'Brien commented on the results of redundant spaces; and stated the greatest danger in multiple court locations is caused by the unpredictable and uneven growth of judicial caseloads, and while the system overall has great inertia and will move predictably over time, the various parts are more volatile and subject to a variety of sudden jumps and drops. He stated option 3 was consolidation of the entire Circuit Court and jury portion of the County Court; and it was the consultant's recommendation that the County abandon its pattern of delivering all judicial services at three distant locations and adopt and implement option 3.

Commissioner Voltz stated centralization is not working; Brevard County is too big to be centralized; and it is not fair to the people who have to travel great distances. She stated if the Board had the money, it should do both sites; the Babcock Street site is an excellent site, and she could go with that; but if that site is approved, Palm Bay would be looking at nothing for many years. She stated if Palm Bay is the center of population, a Board in the future will have to look at a site in Palm Bay because this Board did not plan appropriately. She stated if both sites could be done, that would be fine; expanding at Viera is a possibility; there are a lot of good possibilities; but because there are a number of possibilities, she is not ready to make a decision. She commented on the Palm Bay site being centralized for South Brevard; stated there is a lot at stake; and she is concerned that the residents of Palm Bay will not be served if the Board approves the Babcock Street site. She stated it would be fine if the County could do both sites, but it only has $400,000 a year to make bond payments.

Commissioner Scarborough stated the consultants did distinguish between County and Circuit Courts; and the Board is not really moving away from the original concept when it suggests having a County Court in Palm Bay. He stated the Babcock Street site is never going to get his vote unless it becomes strictly a County Court, which is not what is envisioned; and it is not the best site for a County Court. He outlined the advantages of being able to move judges and personnel around; stated if a facility is in the middle of a community, it will not have the ability to expand out; and commented on the future of the court system. He stated the Board should look to the future so it will have land and not have to abandon a site in order to make things make sense; he likes the 17 acres on the I-95 corridor; and advised of the advantages and efficiency of being able to move people on that corridor.

Chairman Higgs stated the Board set aside money to acquire the property at Bayside Lake; and inquired if it set aside money to begin the construction, and was the plan for construction based in part on the fact that the County is paying for leased space in other places. County Manager Tom Jenkins responded the funding for the service complex will be through the rental that the County is currently paying. Chairman Higgs inquired if there are architectural and engineering services at this point; with Facilities Management Director Hugh Muller responding a firm has been selected but they have not been awarded notice to proceed. Mr. Jenkins advised the facility would only a be a service complex such as the one at Sarno Road; there is currently $378,000 a year in revenue that can be dedicated to expansion of court facilities; and that would be approximately four courtrooms and some growth space wherever the Board decided to put it. Chairman Higgs stated the service complex will be funded from the rent paid for leased space; and the court will have $378,000 a year.

Commissioner O'Brien stated the Board heard from Melbourne lawyers that centralization does not work; but he has also received calls from attorneys in Cocoa, Rockledge, Cocoa Beach and Cape Canaveral who want a courthouse back in Rockledge because they do not want to travel to Melbourne or Titusville. He stated the same problems exist for those attorneys that exist for attorneys in Palm Bay, Melbourne and West Melbourne; and that is why the courthouse should be at Viera. He stated Commissioner Scarborough mentioned a population increase to 1 million which may be in 2050 or 2060; and advised of technological advances which may result in people being able to have a court appearance via computer without having to appear personally. He stated the courthouse will still be necessary for violent crimes, but civil matters may be covered through technology. He stated the report was done in 1993; it indicated dangers in having courthouses all over the County; and if the Board approves a courthouse in Palm Bay, he will guarantee there will be attorneys from Cocoa, Cocoa Beach, Rockledge, Cape Canaveral and Merritt Island asking for a facility in Central Brevard for the same reason the Board built a facility in Palm Bay. He stated the Board will have taken the report for which it paid big money and thrown it in the trash can, and will be getting a new report to back up its new opinion. He inquired why bother having reports and studies done; and stated he is standing by the 1993 study.

Commissioner Carlson expressed appreciation to Commissioner O'Brien for bringing up some of the issues that were in the old study; and stated one of her main concerns was the old study was not utilized in doing the new study. She stated the old study talked about efficiencies; she is concerned about maximizing efficiencies; and that is what prompted the original question to Judge Silvernail about phase 2 where the criminal justice system and efficiencies were analyzed. She stated the Board has not done a re-study about how efficiently the justice system is working in a centralization scenario; and it is difficult to say there is a need to decentralize without that study. She stated the banking industry long ago decided that decentralization was the way to get better customer service; she does not think that applies to the criminal justice system; but without further detail, the Board cannot analyze the entire effort and come up with a qualified solution on how to place the centers. She stated it is a good idea to expand at Viera because that is what the original study was all about; the County paid a lot of money in architectural costs to make sure the facility could be expanded; and even if it is only used for Circuit Court cases, that is fine. She stated if the Board is going to look at decentralizing the County cases, then it may need to look at the Babcock Street or Palm Bay sites; but the Board is under budgetary restraints; so it is necessary to figure out what the best possible service to the community is going to be; and she does not know if the convenience of the attorneys is the issue. She commented on the convenience to those who use the facilities; and stated because there are a lot of outstanding issues, she is not comfortable making a decision at this time, and would prefer to solidify the funding source. She stated the County needs court space; but the question is how to pay for it; and inquired if the Board is just going to put a Band-Aid on it or actually define where the dollars are going to come from. She stated the Board will be discussing that issue with the sales tax and some other issues, so there are a lot of outstanding issues; and she would be interested in getting a report from Public Safety Director Jack Parker regarding their perspective on efficiencies from arrest to disposition in the criminal justice system. She stated the Board may need that analysis from staff to incorporate with the study and further look at it; and otherwise she would suggest getting the analysis which was not done because the Board was not ready for it.

Commissioner Voltz stated she wanted to do the efficiency study before moving ahead to look at the sites; the offer by Mr. Nance is what brought this to the forefront; and it made the Board recognize the need to do something. She stated the County cannot build a courthouse based on what is convenient for the attorneys; Palm Bay is where the people are; and that is what the Board needs to focus on. She stated she did not know about the 1993 study, and would like an opportunity to look at it; and the Board should not do anything today.

Commissioner Scarborough withdrew the motion. Commissioner Voltz withdrew the second.

Commissioner Carlson stated the study was included in the scope of service to be reviewed by the consultant doing the current study; but what is missing is the study of efficiencies and how centralization is working. Commissioner Voltz stated that is the key to the whole decision, whether what was done is working. Chairman Higgs stated the concept of centralization is as much a money decision as it is a value decision; and the Board has tried to balance the needs of the different parts of the County. She stated the County has not put in one huge park or library; it puts facilities where the people are located; and that is a valid concept for the judicial system as well, which is why the Board should expand the judicial facilities in the existing communities.

Commissioner O'Brien read aloud from a letter from Attorney Steve Brewer objecting to the proposal to build a new courthouse in Melbourne, advising of the selection process for the Viera site, expressing support for the Viera Courthouse as being fairest and most easily accessible to everyone, and outlining the assignment process for family and civil cases. He stated Mr. Brewer was on the Selection Committee; and he agrees with him. Chairman Higgs commented on driving times from South Melbourne Beach and the Micco/Grant area. Commissioner Scarborough stated the Board is going into recess for a month; and inquired what is the Board going to tell Mr. Nance.

Commissioner Carlson stated it is a nice gesture that Mr. Nance wants to provide the County with the Babcock Street site; but it does not appear the Board is going to be able move off the mark to allow him to go through with any options he might have; and if that is the case, the Board needs to thank him, and advise it cannot make a decision at this point. She suggested looking at the efficiency side of the equation and getting more feedback to incorporate with what the Board has, and then move forward on a decision. She stated the scope of services lists seven items; and the evaluation of present facility utilization and deficiency based on the present levels of court services or office operations was not encapsulated in the study. She stated without that information she is unable to make a decision; and suggested a motion to go forward with the study, whether through the National Court Association or using staff information to see how that is correlated with the existing study to make a better decision. She stated in addition, there was a traffic study for the Babcock Street site, but not for the Palm Bay sites.

Motion by Commissioner Carlson, to study the efficiencies of the current system, and have a traffic flow study done for the Palm Bay sites.

Chairman Higgs stated she does not think much more can be gained from more studies; she has a stack of studies; the Board is aware of the dollars that have been invested in the studies; and it boils down to the Board making a difficult decision. She stated the option before the Board is a viable one; the Board already indicated its desire and purchased sufficient land to expand County courts at the Palm Bay facility, although she preferred the other site in Palm Bay; the Board has made a decision; it has the information to move forward; and recommended accepting the Nance offer and moving forward to funding.

Motion restated by Commissioner Carlson, to go forward with an efficiency study of the current system through staff or the National Courts Association. Motion died for lack of a second.

Commissioner Carlson stated studies are wonderful if they are used; but sometimes the Board gets studies and does not use them. Chairman Higgs outlined various studies that have been done on the issue; and stated there are conflicting opinions, and it boils down to the Board making a value judgment about what it wants and what the resources are to accommodate it. She commented on preconceived notions and values, and balancing cost against accessibility.

Commissioner Scarborough stated he will not be voting in favor of accepting Mr. Nance's offer, but appreciates it; and Mr. Nance's option payment will be at his risk.

Commissioner O'Brien stated there are studies; and the Board should use them. He stated staff and the County Manager should confer with the judges on how many new courtrooms are needed and the cost; and if the present courthouse can be expanded, it should be done; but he will not support another courthouse in another location because all the studies recommend consolidating for efficiency.

Commissioner Voltz inquired if Commissioner Carlson was not including the traffic study for Palm Bay in the motion; with Commissioner Carlson responding her question was about traffic circulation study. Commissioner Carlson stated if there is a buildout of 250,000 people in the future, she wants to know the impacts of that population on such a facility if it is put in the middle of all the residences; and if there are studies for Palm Bay, and I-95 versus Babcock Street, it will be possible to do some comparative analysis. Commissioner Voltz inquired how long would a traffic study take; with Mr. Jenkins responding approximately 30 days. Commissioner Voltz stated the Board could come back at the first meeting in July with the information. Commissioner Carlson stated she does not know about the efficiency study; with Mr. Jenkins responding he was only referring to the traffic study. Commissioner Voltz inquired about the efficiency study; with Mr. Jenkins responding it would be necessary to talk about it at the staff level to see if it can be done internally with existing reports or whether they need to go outside. Commissioner Voltz stated Palm Bay is requesting the item be tabled for 60 days. Chairman Higgs stated the Board has a study from the Center for State Courts that the Board asked to be done; it has recommendations and analysis of needs; so it becomes the Board's decision and it does not need another study on the siting of the facility. She stated there are three studies, and the Board needs to make a decision based on that; the alternative of the donated land is a good one; the alternative to build courts in Palm Bay where the County has already bought land is good; and the Board needs to move forward to provide those facilities in the near future. She stated she will not support the motion as she is not in favor of a study.

Commissioner Scarborough stated if the Board is going to do a study, he has questions because there have been profound failures to address issues; and he does not want a study that is non-responsive. Commissioner Carlson stated it may be possible to get the study through staff. Commissioner Scarborough stated he does not want a study to justify a certain philosophy; he wants to ask questions which are key to making the decision; he is ready to go in a certain direction today, and a study will only validate his prior views. Chairman Higgs stated the Board has the information, but she and Commissioner Scarborough have reached a different conclusion.

Commissioner Voltz stated what she is hearing from Chairman Higgs is to go with both sites and come up with a funding source. Chairman Higgs stated the Board is going to be faced with the same decision in 60 days, 90 days, 120 days; every study supports the need for additional courtrooms; and her decision is the donated land on Babcock Street and County courts at the facility in Palm Bay where the County has already purchased land. Commissioner Voltz stated she would like to see both sites; and the Board needs to ask staff come back with a financial analysis on how to pay for it, rather than another study. She stated it does not matter how many studies there are if the County does not have the money to pay for the facility; and recommended staff perform a financial analysis so the Board can figure out where it wants to go and how to get there. She stated if there is only $400,000 a year, the Board can only do so much; and it needs to act accordingly.

Commissioner O'Brien stated the needs are obvious; the projections in the studies through the year 2010 all indicate a 37% increase in caseloads; there was some criticism about the Viera Courthouse being too small, even when it was built; it was under built by error or misjudgment; and the only funding he will support will be for expansion of the Viera Courthouse. He stated there was a suggestion to build at the Nance property; then there was a suggestion to build at Palm Bay; then there was suggestion to build at both locations; and this has become a can of worms.

Chairman Higgs stated the decision on the size of the courthouse at Viera was based on a number of things; the user groups and judges believed that the sharing of courtrooms could work; but what they found was it does not work as efficiently as was thought. She stated there was only so much money to start with; and both of those issues drove it.

Commissioner Scarborough stated different systems were built oversized to allow for expansion at the Justice Center. Mr. Muller advised the electrical and air conditioning facilities were designed for a modest expansion and for the Public Defender wing, which was not built; so there is expansion capability. Commissioner Scarborough stated Commissioner Voltz may be saying yes to the Babcock site; Chairman Higgs is definitely saying yes to the Babcock site; he and Commissioner O'Brien are saying emphatically no to the Babcock site; Mr. Nance has the issue whether to continue to pay an option; and Commissioner Carlson needs to indicate her position. Commissioner Carlson stated she is not sure which is the right direction since she does not have the facts about how the system is working right now; and the existing study is flawed because it does not include that detail. She stated she is not for complete centralization at Viera, and Babcock might be a possible site while Palm Bay is necessary; but she cannot make a decision intelligently without the additional information in writing. Commissioner Carlson stated unless Mr. Nance wants to consider another option, she does not see the Board making a decision, and it may need to thank Mr. Nance and indicate it is not going to go forward at this time. She stated the Babcock site may be ideal, but the Board should not be pressured to make a decision. Chairman Higgs stated if an efficiency study was done, there would be efficiencies to be gained; but she does not think it will stop the need for additional courtroom facilities. Commissioner Carlson stated it would not stop that need; but the Board has not heard from all the people.

Commissioner O'Brien stated everyone agrees there is a need for additional courthouse facilities; centralization at Viera is important; it was highly recommended, and the Board followed that recommendation; and he does not know why there is argument. He stated the building was designed to be expanded; it is cost efficient to do so; and the Board should not be building courthouses any place else.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to work with the judges to determine how many courtrooms are needed to operate in the most efficient manner, and expand the Viera Courthouse.

Commissioner Voltz stated that does not leave out Palm Bay down the road; with Chairman Higgs stated she thinks it does. Commissioner Voltz stated the Babcock Street, according to the study, would eliminate the Palm Bay site. Chairman Higgs stated the Board and the judges have indicated the presence of County court in that area is going to be necessary. Commissioner Voltz stated she wants to see what the County can afford; and it may be the only thing the Board can afford to do is expand Viera. Mr. Jenkins stated the money to exercise the second option on the property in Palm Bay and build four courtrooms someplace is programmed.

Chairman Higgs stated when the Board voted to build the courthouse at Viera, it was a three to two vote; the District 5 Commissioner voted to put it at Viera; and urged Commissioner Voltz to not vote for the motion today. She stated the Board can put off the decision; and it needs to look further at a south County facility. Commissioner Voltz agreed that one is needed; and stated she did not realize the money had been programmed. Mr. Jenkins stated in the subsequent years, it would be a budget item; and it would probably be $75,000 in the next couple of years to reserve land for future use. Commissioner Voltz stated the Board needs to do something now; with Mr. Jenkins responding the only money that is available for now is to build four courtrooms; and if those are built, none will be built anywhere else for some time unless someone comes up with a revenue source that is not currently here.

Commissioner Voltz withdrew the second to the motion.

Commissioner Scarborough seconded the motion.

Commissioner Scarborough stated part of the problem is failing to segregate the Circuit Court from the County Court; and advised of previous discussion. He stated County Court is the people's court; there has never been anything said about not going out with County Court into the community; but the appropriate place for Circuit Court is Viera. He stated if the desire is to have County Court in Palm Bay in an area that can be easily accessed by the people, he will support that. Commissioner Voltz stated expanding Viera would financially preclude a Palm Bay court facility. Commissioner Scarborough stated that would not be the way he would want to proceed.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table discussion of options for expansion of courthouse facilities to July, 2000. Motion carried and ordered. Commissioners Higgs, Carlson, and Voltz voted aye; Commissioners Scarborough and O'Brien voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to research the issues and lay out for the Board, in the best manner available, the options that are available for County and Circuit Courts, and the potential costs and funding sources.

Commissioner Scarborough suggested each Commissioner put together specific questions, otherwise the Board will get a report that is not responsive to individual concerns. Chairman Higgs stated the motion includes that; and suggested getting questions to staff as quickly as possible.

Vice Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

The meeting recessed at 11:40 a.m. and reconvened at 11:56 a.m.

PRESENTATION OF PROPERTY DAMAGE ASSESSMENT PROGRAM, RE: EMERGENCY MANAGEMENT FOR HURRICANE SEASON 2000

Property Appraiser Jim Ford stated his staff will provide the Board with a demonstration of a damage assessment program which has been developed in-house using GIS technology in combination with the property record database. He stated it was developed with input from Emergency Management and the Building Department; and it has been tailored to their needs in the field. He stated the data can be loaded on a laptop computer and taken into the field after any event, so staff could quickly calculate damage estimates; and advised how the system works.

PERMISSION TO RESCHEDULE EXECUTIVE SESSION, RE: MAXWELL CASE (CONTINUED)

Chairman Higgs inquired if Mr. Knox needs to go forward with the approval for Executive Session; with County Attorney Scott Knox responding affirmatively. Chairman Higgs stated the Board can meet at 5:00 p.m. after the Value Adjustment Board meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve scheduling an Executive Session to discuss the Maxwell Case on May 25, 2000 at 5:00 p.m. Motion carried and ordered unanimously.

PRESENTATION OF PROPERTY DAMAGE ASSESSMENT PROGRAM, RE: EMERGENCY MANAGEMENT FOR HURRICANE SEASON 2000 (CONTINUED)

Mike Wentworth, representing the Property Appraiser, stated the program was done in-house by Dave Jordan, Senior Analyst; and Mr. Jordan has been working with Emergency Management for approximately one year to develop an application to do damage assessment. He demonstrated how the program would work in two different scenarios. He noted they are using 1994 aerials now, but they are working on a set of 1999 aerials; and that will be available by the end of June, 2000. He stated what used to take Emergency Management four hours to do can be done in a minute or two; and advised of the expansion capability.

Chairman Higgs inquired what will this mean to people in recovery operations. Emergency Management Director Bob Lay advised it will allow staff to rapidly go through damage assessment and assign values to property; and there will be a scientific basis for what was done. He stated the information will be provided to the State which will provide a basis for requesting a declaration of emergency from the federal government; and if there is enough damage, it will be possible to get support for residents. Chairman Higgs stated it will allow people to get help faster from FEMA, etc.

Commissioner Carlson inquired what is the level of accuracy for the program. Mr. Lay responded it is very accurate; it is possible to get values of individual homes; the only place where the level of accuracy depends on the person doing the assessment is the percent of damage; and that is why they are using building inspectors. Commissioner Carlson inquired if they are using appraised values; with Mr. Lay advising they are using market values. Chairman Higgs stated this is an important part of recovery.

DISCUSSION, RE: BOND FINANCING CHARTER AMENDMENT LANGUAGE AND REFERENDUM BALLOT SUMMARY

Barbara Jagrowski advised she was a member of the original Charter Commission; and expressed concern about the amendments proposed by the Home Rule Charter Committee. She stated the bond limitation would greatly tie the hands of the Board from doing its job and will stifle new and expanding businesses. She cautioned of the danger of becoming a government by referendum; and advised of the indebtedness cap already included in the Charter. She stated the Board has instructed staff to change the original meaning and intent of the three proposed amendments; and unless the Board has a desire to put the items on the ballot, she would recommend the Board follow the advise of Counsel and refuse to put any of the items on the ballot.

Tom Schwartz, President of the Suntree Master Homeowners Association, read aloud a letter advising the proposed bond limitation would be an impediment to County business and a potential detrimental impact to the community. He commented on the current restrictions in the Charter, various bond levels, micromanaging the work of the Commissioners, and detrimental impact to the community. He recommended the provision to change the Charter not be included on the ballot.

Maureen Rupe stated the Board is aware of her feelings on this concept; and advised the public does not understand the proposed ballot language. She commented on lack of definitions of various terms; and inquired if the Board believes the ballot language is clear and unambiguous, and advises a voter sufficiently to intelligently cast a ballot. She requested the Board reject the amendment. She advised Kim Zarillo had to leave, but urged the Board to do nothing.

Eugene Terkoski stated he is a volunteer with the Housing Finance Authority; and expressed concern about the effect on the Authority of the possible change to the Charter. He advised how the housing programs work; and stated if all bond issues are subject to approval of the voters, the programs of the Housing Finance Authority will be dead. He stated the Commissioners have a mandate to govern the County; if all bond issues are submitted to referendum, it will cripple the present and future Boards, denigrate the reputation of the County in the fiscal markets, and regress to an ineffective manner of government; and recommended the Board not go down this road.

Douglas Sphar requested the Board reject the proposed Charter amendment to require referendum for bonds. He commented on the Board's responsibility, citizens voting down bond issues that would provide necessary infrastructure, and damage to the County's reputation in the bond market.

Heidi Brandow expressed concern that the amendment may stagnate growth, hamper economic development efforts, and provide perception that the County is a no-growth county.

Robert Gaman, representing the Fraternal Order of Police, commented on the Board's demonstrated track record of fiscal conservatism, problems with cap-it amendment, failure to raise impact fees or millage rates, and failure of prior referendums. He advised it would be fiscal irresponsibility for the Board to not have any way to get money for a project; the proposed amendment would tie the Board's hands too severely; and outlined various upcoming needs. He stated he does not support the amendment.

Dale Ketcham advised of his work with the space program and Congressional offices; and commented on perceptions of Brevard County and allowing certain segments of County to dictate how it is governed. He requested the Board not constrain its ability to govern well in the future.

Ned Buffington, representing the Manufacturers Association and the Homebuilders and Contractors, stated the language of the petition was flawed, and is most likely illegal; and it would not benefit anything to put it on the ballot. He stated the speakers today represent organizations involving a large number of people; they do not want this to go on the ballot; and the Board has the ability to not put it on the ballot.

Joan Brisson commented on development of various areas of the County; and stated by putting the referendum on the ballot, the Board will limit its capabilities to achieve the goals that are needed in the County. She advised of difficulties in understanding the referendum language; and requested the Board not put the referendum on the ballot.

Dolores Kane stated a lot of people have given reasons why the referendum should fail; there is a constitutional right to petition; and inquired if there are so many good reasons for it to be defeated, will it be defeated if it is put on the ballot.

Lee Bohlmann, representing the Melbourne-Palm Bay Chamber of Commerce, stated what is right is not always popular and what is popular is not always right; having a referendum on every issue is not the right thing to do; and the Board has been elected to make the hard decisions. She stated the Charter language is that it "shall" be put on the ballot, so putting the referendum on the ballot is an option; several attorneys have given different answers; and requested the referendum not be put on the ballot.

Commissioner Scarborough stated he got a letter from David Moore, Senior Management Consultant with Public Financial Management; the first question was whether to put everything on the ballot, and the answer the Board received from the County Attorney and others was that the Board could not put language on the ballot that is ambiguous or unconstitutional; and if the Board rejects the petition language and comes back with substitute language, it becomes the Board's responsibility. He stated if it is the Board's responsibility, it is more than just a language responsibility, but whether it is something the Board, on its own initiative, wants to put on the ballot; and it is interesting to see the groups represented at this meeting all speaking with one voice of concern. He requested Mr. Burdett comment on the letter and the implications to the County's credit and perception.

Finance Director Steve Burdett stated the letter from Public Financial Management says the gist of the referendum is that anything that impedes the ability of a local government to fund necessary capital projects in a timely manner has negative credit implications. He advised Brevard County has made extensive use of financing capital projects by going into the open bond market, and has been able to get good rates because of its good credit quality; and it is obvious that the referendum would have a detrimental effect on the County's ability to maintain its infrastructure.

Commissioner O'Brien inquired if Mr. Burdett is saying if the Board put the question on the ballot, there would be a negative effect on the County's credit, rather than if it passes. Mr. Burdett responded if it passed, it would have a negative effect over a longer term; it is not something that would happen right away; but if the Board wants to have a credit rating, it will want to maintain a good infrastructure. He stated in order to have an economy that produces sales taxes that produces income for people who live here, there has to be good infrastructure; and if the County is not able to maintain a good infrastructure, there would be an impact from that.

Commissioner Scarborough stated Florida law provides that if general revenue is used, it requires a referendum; the Certificates of Participation were structured as a lease; but by the Board asking certain questions, the County's credit rating came into question immediately. He stated the County had the right to terminate the lease; but when it comes to credit, it is a much more subjective thing. He stated what Mr. Moore of Public Financial Management said is that rating agencies consider more than just financial capacity in assigning a rating; they evaluate management, demographics, employment, and other factors; and over a number of years a referendum could impact management flexibility and local economic development to the point where all components of the rating criteria would be negatively affected. He stated there is a perception that there is a going to be a viable community with a willingness and desire to not just meet legal obligations, but be a credit worth entity; an expert has advised the County of concern about a negative impact; he does not know if the negative impact is just by the referendum being suggested or whether it passes; but the County did go through a vicious cycle when the referendum on the Certificates of Participation came into question. He noted putting it on the ballot resulted in loss of a line of credit; and it was arbitrary and punitive, but they had a right to do it legally. He commented on the likelihood of the referendum failing; and stated at this point he cannot proceed with putting anything on the ballot.

Commissioner O'Brien commented on discussion of negative impact on credit; and stated he feels that people should be allowed to make the choice. He stated it goes back to tying the hands of government and micromanaging; that is what the creators of the Charter amendment, supported by the signatures of over 16,000 people who live here, want to do; he is not saying they are right or wrong; and the public has to make that decision. He stated it is the voice of the people speaking; the Board has to hear that voice whether it wants prudent government or not; and it is not for the Board to decide. He advised the Charter says that if they get enough signatures, they can bring a referendum item to the Board to be put on the ballot; and if it passes, and there are negative impacts, another group will get a petition to reverse the referendum and possibly throw the Charter out. He stated by saying no, the Board is making the assumption that the people who vote and live in the County are so stupid they would vote for something that would hamstring their own government; but he does not think people are stupid, and believes they will make an intelligent decision. He noted the people have said they do not want a bond referendum to expand the jail or give more money to the Sheriff; they said they did want to spend $51 million on environmentally endangered lands; they said yes to a few other things; and the public should not be treated as if it is stupid. He stated if the referendum passes, it will have a detrimental effect and ruin the credit rating of the County; but what the referendum is saying is the people do not want the Board borrowing money, so the credit rating will not matter. He stated he does not agree with the referendum, but it has to go on the ballot.

Commissioner Carlson stated from the beginning she did not agree with putting this on the referendum because it is a misleading amendment; and to change its intent puts the issue in the Board's lap. She stated if the amendment passes and the County has to put out a bond issue, it may have to go through an interpretation process through the courts, causing more time and money wasted; and if a bond issue does not pass, the County will not be able to provide needed services without increasing taxes. She stated it has a three percent cap in the Charter; the Board has already constrained itself significantly; and it would be an irresponsible act of government to allow such a far-reaching amendment to be considered without full understanding and disclosure to the public of all negative impacts. She commented on the 16,000 citizens who signed the petition, language represented as reducing taxes, and no information about it potentially being a net loss.

Commissioner Carlson stated it is ridiculous to put it out for public vote and change the wording so that it is so complex that even she does not understand it. She stated it is a tough decision; but the Board needs to just say no.

Commissioner Voltz stated she agrees with everyone who spoke against doing this; it is difficult to tell people what the referendum will do in 75 words or less; and the 16,000 petitioners want to tie the Board's hands. She compared the County's per capita long term debt with other counties; stated the County is not spending a lot of money irresponsibly and has been fiscally conservative; and advised of the difference between "shall" and "should." She stated there is a flaw in the Charter that allows a few signatures out of almost half million people to put a referendum on the ballot; she does not want to be like California, government by petition; however, that is what the Charter says right now, and that is what the Board has to go with. She stated she hopes the referendum fails; if everyone present campaigns against it, it should fail; but the question is not whether it is legal or illegal or whether it ties the Board's hands; the question is what to do with the 16,000 signatures when the Charter clearly delineates this process. She stated the Board should not change the ballot language; it should be put on the ballot exactly as requested; and that is the only thing she would support.

Commissioner Scarborough stated the Board has heard from the County Attorney that while the Board is not supposed to change the ballot language, the language needs to be legal and cannot be ambiguous; and the first decision is whether to reject the petition, which the Board would be compelled to do if it wanted to take the County Attorney's advice. He stated once the petition is rejected, whatever language the Board puts on is totally its prerogative; he supports going forward with; however, with this amendment, there are things the Board needs to consider in being prudent because the Board is a fiduciary for the public's credit as well as its money. He stated it would be imprudent for the Board to harm the County's good credit; and it would not be a responsible act.

Chairman Higgs stated the issue today is not the wisdom of the amendment; the question is what to do under the Charter with the information that has been given to the Board by the Home Rule Committee; there were three amendments; and advised of the process that has been followed. She stated the Board has some legal advice saying the content of the amendment is faulty and unconstitutional; Mr. Watts advised the content is all right, but the ballot summary is faulty; and she feels strongly that the Charter was designed so amendments brought to the Board under the petition process would go forward unless the Board clearly felt it to be illegal and unconstitutional. She stated with the other amendments, there was some clarification; one was rejected; and the question with this amendment is not whether it is wise and in the best interest of the government. She stated because of the process outlined in the Charter, the Board needs to go forward with the amendment; she cannot support the ballot summary because it is faulty and does not fully summarize the content of the amendment; however, the Board has the option to put an accurate summary on the ballot, changing it only in a small way, and move that forward; that is consistent with what the Charter directs the Board to do. She commented on the legality and clarity of the proposed amendment; and suggested moving forward. Commissioner Voltz stated the Board decided only the ballot summary language was to be change to clarify what the rest said; and inquired if that is correct; with Chairman Higgs responding yes. Mr. Knox stated the Board has three options; one is the original petition as submitted; the second is with revised ballot language keeping the original amendment intact; and the third corrects the ballot and amendment language. Commissioner Voltz stated she cannot support option 3. Chairman Higgs inquired if the Board changes the ballot summary, will it have rejected the petition and chosen its own language. Mr. Knox stated if the Board changes the ballot summary, it would reject the original petition as submitted, and change the ballot language, keeping the amendment as originally proposed; and it would take a vote of four to send it forward.

Commissioner Carlson stated there is nowhere in the Charter where it says the Board has to amend the language of the summary; her comments were based on the potential lack of constitutionality and the legal interpretation; and if the Board wanted to get the intent of the 16,000 individuals, the logic is flawed. She stated the Board does not have to amend the original language; it is a personal decision to do that; and it is a flawed decision at this time.

Motion by Commissioner Voltz, to reject the original ballot summary; and approve the revised ballot summary language.

Commissioner Scarborough requested it be taken in two separate motions.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to reject the original ballot summary.

Commissioner O'Brien read aloud the language; stated it is simple and direct; and it is an understandable question. Commissioner Voltz stated the summary does not reflect the amendment. Mr. Knox stated the summary as presented does not address the index ceiling on lease purchase agreements; the amendment deletes that provision, removing the CPI index; and the ballot language does not refer to it at all. He stated that is the primary reason why the language does not pass legal scrutiny. Commissioner Voltz stated the revision clarifies it; with Mr. Knox responding it does make it clear. Chairman Higgs stated the motion is to reject the petition that includes the summary from the petitioners. She stated the language that is summarized in the petition does not accurately reflect what is in the amendment, and thus is vague and ambiguous and not consistent with Florida law. Commissioner O'Brien stated although the ballot summary does not talk about the CPI, the intent covers any and all indebtedness; that is the intent of the petitioners; and it is to tear government down. Chairman Higgs stated the full text is not reflected in the summary; advised of the provisions of the law; and noted that is why she cannot support it.

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

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize putting the referendum on the ballot with the revised ballot summary language.

Commissioner Scarborough stated at this point the Board has rejected the petition; and the responsibility is on the Board for what it puts on the ballot, including any negative or positive impacts on the County. He stated the Board cannot claim it had 16,000 people who required this to be put on the ballot, because the Board rejected that; and having rejected that, the Board is voting to do something differently, and it has to be responsible to the people of the County because it has full latitude to put anything on. He stated with a four-to-one vote, the Board has the ability to put anything it wants on the ballot ; and it is not compelled to touch this item further. Chairman Higgs stated that is a heavy responsibility; the Charter is a legal document, but must be read in its full extent to see what they were trying to do; and the clear intent is that citizens had a right to petition to put things on the ballot to change the Charter. She stated the petitioners met the criteria; and she cannot clearly say the amendment is faulty, although it is not wise. She stated the only part that is illegal is the ballot language; and she does not think the spirit of the Charter is served by rejecting fully, so she will support the motion to move forward. Commissioner Voltz inquired if someone presented the Board with another petition and there were minor modifications, and the Board agreed with what was being asked for, would it not change the wording to make it legal; and stated that is what the Board is doing. Commissioner Scarborough stated the Board has to put on exactly what the petitioners give it; the only way the Board is allowed to touch the language is by rejecting it totally; and so it is no longer the petitioners' at this time, but it is the Board's. He stated the Board does not have the authority to amend; it only has the authority to reject; and commented on the provisions of the Charter. Commissioner Voltz stated the Board is proceeding in the spirit of the request of the petitioners. Commissioner O'Brien stated he cannot support the motion because he still wants the original language.

Chairman Higgs called for a vote on the motion. Motion did not carry. Commissioners Higgs and Voltz voted aye; Commissioners Scarborough, O'Brien and Carlson voted nay.

The meeting recessed for lunch at 1:09 p.m. and reconvened at 2:07 p.m.

DISCUSSION, RE: SALES TAX REFERENDUM

Chairman Higgs stated there are a number of people who were here for the morning session who are also interested in speaking on the sales tax issue; and inquired if the Board would consider taking that issue now.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to take Item V.A, Sales Tax Referendum, out of order. Motion carried and ordered unanimously.

County Manager Tom Jenkins stated the Board has been provided with information on how much revenue the sales tax would provide at one cent; and the formula that splits it with the cities. He stated the County's share is spent on the unincorporated area as well as Countywide services; and in addition, a list of capital needs was prepared. He stated they received input from a number of municipalities and the School Board; and staff has provided the Board with a draft resolution. He noted the item requires a referendum.

Bob Nanni, representing the City of Palm Bay, stated the issue of the one-cent sales tax was brought before the Palm Bay City Council which voted in favor of supporting the one-cent sales tax for fifteen years with a general use provision. He stated the City of Palm Bay submitted approximately $80 million in unfunded capital improvements; there is no other revenue source that will help local government play catch-up on unfunded needs any quicker than the item before the Board; the benefit is that it is a type of revenue that most people do not even realize; and most people are unaware of whether they pay six or seven cents tax. He stated there is a built-in protection for big ticket items by the $5,000 cap; and the item deserves to go to referendum.

Lee Bohlmann, representing the Melbourne-Palm Bay Chamber of Commerce, advised of the difficulty in supporting a tax increase; but stated when the Chamber came to the Board in support of the gas tax, it really meant it. She thanked the Board for its decision on impact fees; stated the Board is still faced with the need for infrastructure; and commented on newspaper coverage of the issue. She stated Volusia County passed a gas tax, so they did not have to consider a raise in sales tax; and looking at what other counties have just on the basis of sales tax is not relevant to what it costs to live or work in that county. She commented on the need for infrastructure; and stated if everyone uses it, everyone should pay, and sales tax would be a great way to pay. She advised of studies that have been done on sales tax; and stated there is no major shift in movement for a one cent change in sales tax. She stated there is continued pressure on how to handle the future; and as the Board works through that, it will have to work through the hard decisions of where to get the revenue. She stated the Chamber will work with other organizations to get the referendum passed if it is on the ballot.

Commissioner Scarborough stated there are things about the gas tax and sales tax that are good; they touch people who come into the community, but do not live here; but in talking to people about this, he does not think it will pass because there is not enough time for the projects to drive the discussion. He commented on the newspaper coverage, noting it does not include the projects. He stated if it is defeated, there will be people who will say it should not be put back on the ballot; so these things need to be done right. He stated the municipalities would like to have the money; they have the needs; but there is concern with the capacity of their issues being fully articulated.

Commissioner Carlson stated the sales tax is a good way of adding to the revenue stream; the tax burden is spread effectively to non-property owners; and whether it passes or not may be based on how much of the community can get behind it to support it, and what kind of good projects can be highlighted. She stated it does not have to be all or nothing; and if it is approached from a couple of key projects in all the major communities, so everyone feels they have a piece of the pie, it may be possible to do a good job with a campaign for the projects. She stated there is a parks referendum coming up; she does not know how that fits in; and if both are on the ballot, one might defeat the other, and both might go down.

Commissioner O'Brien inquired what is the reward for the public if they say yes to a sales tax. He stated if the Board said it would lower property tax for the same number of years as the sales tax was in place, it might see some reward; and commented on the public's reaction to lists of projects.

Commissioner Carlson stated it would be nice to promote a list of goals based on the vision of the community and to sustain and improve quality of life. She stated it may be possible to make a good sell on specific issues; but it would be difficult to present a laundry list of projects. She stated there may be people willing to campaign for it, and it would take a huge community effort to do it.

Commissioner Voltz stated the Board would not be raising taxes; the people would be doing it; and there is no reason to offset one tax with another. She recommended doing nothing, if the Board is going to offset.

Chairman Higgs stated unless the Board can clearly tell people what is in it for their quality of life, it will get little support; and she has heard almost no one outside of government say this is a good idea. She stated the needs are there from the County and the municipalities' standpoint; but the level of understanding by the vast majority of the voters is not there; and there may not be time to build that kind of interest. She stated if the Board builds a leadership forum, builds the interest, and educates the voters, the voters may understand, because people do want a top quality community. Discussion ensued on continuing with efforts, identifying projects, putting it on ballot in 2002, half-cent for specified use, investing in educational programs, firefighter referendum, presenting the needs and the options, 1989 referendum, Port St. John referendum, and School Board.

Commissioner Voltz inquired about the cities. County Manager Tom Jenkins stated the cities have the same ability to put a referendum on the ballot. Commissioner Voltz inquired if they have to have a majority of the population; with Assistant County Attorney Kyle King responding yes, the majority of the population within the incorporated areas. Commissioner Voltz inquired if it could be done without unincorporated Brevard County; with Mr. King responding yes, with the majority of the population. Mr. Jenkins clarified it would be a Countywide tax, but the cities could initiate it. Commissioner Voltz inquired if it would be possible to put some sort of citizens group together; with Commissioner Carlson responding they are in the process of developing a leadership forum, and that will be coming back very soon. Commissioner Carlson stated once it is determined who will make up the list of people to come to the leaders' forum, what will come afterward will be a community development committee which will define the path into the future and how that will be funded. She stated that will get the leaders and the community together; and there will be some good input and foundation to base any sort of revenue issue on in the future.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN CANAVERAL GROVES SUBDIVISION - WILLIS E. AND PAMELA S. JACKSON

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easements in Canaveral Groves Subdivision as petitioned by Willis E. and Pamela S. Jackson.

Commissioner Scarborough inquired if there were any problems; with Cynthia Fogle responding no.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easements in Canaveral Groves Subdivision as petitioned by Willis E. and Pamela S. Jackson. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN ISLAND OAKS SUBDIVISION - ROCKLAND HOMES, INC.

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easement in Island Oaks Subdivision as petitioned by Rockland Homes, Inc.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN ISLAND OAKS SUBDIVISION - ROCKLAND HOMES, INC. (CONTINUED)

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt a Resolution vacating public utility and drainage easement in Island Oaks Subdivision as petitioned by Rockland Homes, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN RIVER WALK BY THE SEA - WILLIAM O. CROOK

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in River Walk by the Sea as petitioned by William O. Crook. Chairman Higgs inquired if there were any objections; with Assistant Public Works Director Ed Washburn responding no.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements in River Walk By the Sea as petitioned by William O. Crook. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SNUG HARBOR LAKES UNRECORDED PLAT - ABBOTT MANUFACTURED HOUSING

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded Plat as petitioned by Abbott Manufactured Housing. Chairman Higgs noted there are no objections.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded Plat as petitioned by Abbott Manufactured Housing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING LAKEMONT ROAD WATERLINE MSBU

Chairman Higgs called for the public hearing to consider an ordinance creating Lakemont Road Waterline MSBU.

Commissioner Carlson stated there was a problem with the legal description; one lot had been inadvertently left off; and that has been fixed.

There being no further comments heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopting an Ordinance of Brevard County, Florida creating the Lakemont Road Water 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: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO DRS OPTRONICS, INC.

Chairman Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to DRS Optronics, Inc.

Commissioner Voltz stated this is for tax abatement over a two-year period; and DRS Optronics will hire 100 additional employees averaging $38,000 annually.

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to DRS Optronics, Inc. located at 100 North Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by DRS Optronics, Inc.; providing an effective date. Motion carried and ordered; Commissioners Scarborough, O'Brien, Carlson and Voltz voted aye; Commissioner Higgs voted nay.

Chairman Higgs stated DRS Optronics, Inc. is a wonderful company, and the County is happy it is expanding; but she is opposed to the abatement process.

PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 62-2251.1, AMORTIZATION OF NONCONFORMITIES TO PERFORMANCE STANDARDS

Chairman Higgs called for the public hearing to consider an ordinance creating Section 62-2251.1, Amortization of Nonconformities to Performance Standards.

Commissioner Scarborough stated the LPA added language which the County Attorney's Office was concerned with; and requested Mr. Knox address it. Chairman Higgs she thought when the Board established the performance zoning standards, that it talked to the existing businesses about their not being a part of the process; and inquired how the ordinance affects the general understanding that this would affect new construction only. County Attorney Scott Knox stated the proposal before the Board would amortize any non-conforming uses and require the existing businesses affected by the performance standards to come into line. Chairman Higgs stated if the Board told the existing businesses they were not a part of that, what is proposed is inconsistent. Planning and Zoning Director Mel Scott stated it is his recollection that when the Board was going through the proposal, the Manufacturers Association made the effort to look at the standards and decide whether their existing operations would conform with what was being proposed; and several times in the public hearings, he recalls businesses saying they had no problem with the new performance standards because they could meet them. He stated he is not sure it was represented as being something that would only apply to new business; and existing businesses took the opportunity to analyze how they were operating and felt comfortable with the new standards. Chairman Higgs stated the Board said they were existing standards in the Code put into a different format. Mr. Scott advised they are the existing standards, and none of the items represented new performance standard items; and it represents an updating of the currently used performance standard items such as odor, noise, vibration, etc.

Chairman Higgs stated she wants to be sure that what the Board talked about with people is what it is doing; and recommended the item be continued to allow the Board to be sure that is what is being done. Mr. Scott stated he could pull the minutes to show those sentiments being expressed. Commissioner Voltz stated there is nothing that says what the Board will do if someone does not come into compliance. Chairman Higgs stated they would have to comply with the Code, and under other sections of the Ordinance, those penalties would be enumerated. Commissioner Voltz stated two years may be okay for some people, but out of line for others. Commissioner Carlson noted page 2 says that a petition for additional amortization shall be submitted in writing to the County Manager's office at least 90 days prior to the expiration of the two-year amortization period; so it does allow some flexibility.

Commissioner Scarborough advised of language added by the LPA at the top of page 2; stated the County Attorney felt the wording "for other specific reasons" was ambiguous and dangerous; and suggested that be discussed as well.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider amending Section 62-2251.1, Amortization of Nonconformities to Performance Standards to August 1, 2000. Motion carried and ordered unanimously.

*Commissioner Scarborough's absence was noted at this time.

PUBLIC HEARING, RE: RESOLUTION AUTHORIZING MERGER OF TIME WARNER, INC. AND AMERICA ONLINE

Chairman Higgs called for the public hearing to consider a resolution authorizing merger of Time Warner, Inc. and America Online.

County Manager Tom Jenkins requested the item be continued to July 11, 2000 as some issues have come up.

Chairman Higgs stated she does not object to continuing it; but requested staff include information on the issue of Channel 3 in Barefoot Bay, and ask Time Warner to provide the Board, as a part of this package, with an explanation of why they are unable to provide that community channel which Barefoot Bay used to have.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider a Resolution authorizing merger of Time Warner, Inc. and America Online to July 11, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ROAD AND BRIDGE SERVICES FOR GRAND HAVEN SUBDIVISION ENTRANCE ROAD

Chairman Higgs called for the public hearing to consider Road and Bridge services for Grand Haven Subdivision entrance road.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to authorize Road and Bridge to perform the services necessary for construction of Grand Haven Subdivision Entrance Road; and execute Agreement with Pineda Development Company for reimbursement of construction costs. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: SETTLEMENT OF ALL CLAIMS FOR GILDA PORTIELES V. BREVARD COUNTY

Chairman Higgs called for the public hearing to consider settlement of all claims for Gilda Portieles v. Brevard County.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to authorize settlement of all claims for Gilda Portieles v. Brevard County for a total of $22,500 which includes attorneys' fees and costs. Motion carried and ordered unanimously.

*Commissioner Scarborough presence was noted at this time.

APPROVAL AND DIRECTION, RE: CRITERIA FOR ADULT ENTERTAINMENT ORDINANCE

County Attorney Scott Knox advised there are three options; and Option 3 provides the most flexibility.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Option 3, to approve presenting both concentration and dispersal options for location of adult entertainment establishments. Motion carried and ordered unanimously.

APPOINTMENTS, RE: INDIAN RIVER LAGOON SCENIC HIGHWAY CORRIDOR MANAGEMENT ENTITY

Chairman Higgs suggested the Board solicit applications from the public and select two from the submitted applications, which would be Option 1.

Commissioner Voltz inquired if there would be a staff person on the entity. Commissioner Carlson stated since the scenic corridor initiative is so closely related to the highway system, the Board may want to select someone from Transportation Planning, and then solicit applications for the second person. Commissioner O'Brien stated he attended one meeting in Cocoa, and there were approximately nine Brevard County staff members at the meeting. Commissioner Carlson noted they may go anyway; with Commissioner Voltz responding they would not have voting authority. Commissioner Carlson stated given the initiative of the linear parks and greenways and how much the Transportation Planning is immersed in that, she does not know if it makes a difference to have them as a voting member or just have their input. Commissioner Voltz stated Barbara Myers would be heavily involved.

Chairman Higgs suggested allowing the County Manager to appoint one staff person and solicit applications from the public.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the County Manager to designate a staff person for appointment to one position on the Indian River Lagoon Scenic Highway Corridor Management Entity, and either solicit applications or have each Commissioner submit a name for consideration for the other appointment. Motion carried and ordered unanimously.

DISCUSSION, RE: PRIORITIZATION AND FUNDING OPTIONS FOR PUBLIC WORKS PROJECTS

Public Works Director Henry Minneboo stated the Agenda item indicates Item 1 is the Wickham Road project; staff brought it to the Board two or three weeks ago; and the original request was for $4.5 million. He stated they have since gone back to the engineers and geotechnical people, and have come up with a method for the project that will involve a $2 million savings; therefore, the total now is $2.4 million for the project. He stated Board action will be needed to approve that because it is one of the projects in the work program.

Commissioner Scarborough stated it may be beneficial to take the items one at a time.

Drainage and Surface Water Director Ron Jones stated staff will also need authorization to do the Change Order with the engineering consulting firm to take care of the design changes associated with that project.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize an Amendment to Agreement with Aikenhead & Odon, Inc. for design changes on the Wickham Road project. Motion carried and ordered unanimously.

John Denninghoff distributed copies of Exhibit A. Mr. Minneboo stated the Board approved an overall project listing that involved a couple of years of effort; and they came up with a list that reflects the desires of the community, and addresses the needs of the motoring public. He stated they are trying to accomplish the 12.5% match only; outlined the projects listed including Palm Bay Road from I-95 to Babcock, Palm Bay Road from Babcock to Robert Conlan, the Palm Bay Beltway, the Ellis/Wickham/Nasa realignment, and Palm Bay Road from I-95 to Minton Road; and advised those projects will all stay. He stated projects that would be reduced are identified on the list in purple, including Babcock Street from Malabar Road to Valkaria, and Babcock Street from U.S. 192 to Fee; the projects are on the DOT Work Program, and hopefully within the next two to three years will be going into the study phase, so it is not necessary to allocate the original amounts, and $100,000 on each of the projects is all that is needed. He stated the projects shown in blue are to be deleted; and they include John Rodes Boulevard, from U.S. 192 to Eau Gallie Boulevard and Wickham Road from Nasa to Sarno. He stated the total amount is $10.4 million; it would allow three years of funding at $1 million per year for Road and Bridge; and it would also address the drainage projects that were brought to the Board approximately one and one-half months ago. He stated there is a $10.5 million amount; it does not affect any project other than those mentioned today; and they want to keep all projects intact. He stated they are moving on the projects as rapidly as they can; they are in position to come back to the Board in July with ten engineering firms to undertake the ten major projects at one time; and they hope that can be accomplished in 18 months, and be prepared to go to bid. He stated they have gone through the necessary footsteps to hire consultants; and they are ready to go on the projects.

Public Works Finance Manager Greg Pelham stated they are structuring the deal to free money for Road and Bridge; the current bonding that they are proceeding on for the local option gas tax is being set in such a manner that there will be debt payments in the beginning of the term of the bonds; that will be less than what they will be in the later years; and that frees up local option gas tax revenues for Road and Bridge for the next three years. He noted in three years the debt payments will escalate back to the needed level to finish paying off the bonds for the rest of the life of the bonds.

Chairman Higgs inquired if direct revenue from the gas tax is going to be used for Road and Bridge; and it is not the bonded revenue; with Mr. Pelham responding no. Chairman Higgs requested a copy of the ramped up debt service; with Financial Advisor Tom Holley advising he has a copy.

Commissioner Scarborough stated the projects are in Districts 3 and 5; and requested Chairman Higgs and Commissioner Voltz voice their thoughts. Chairman Higgs stated the Board has to make sure that it does not do large capacity projects totally at the expense of maintenance and proper drainage for roads; unfortunately there are few choices at this point unless the Board implements more impact fees for commercial and industrial; so it is necessary to make the choices. Commissioner Voltz stated even though six of the nine projects are in her District, there are other projects that need to be done; and she does not want to see Road and Bridge not have the money to do maintenance. She stated while the ideal thing is to be able to fund them all, the bottom line is that is not possible, and the Board has to do the best it can with what it has; and she supports it.

Chairman Higgs stated in looking at the financial breakdown, the debt service schedule ramps up in 2004; with Mr. Holley advising it goes up approximately $1.3 million. Mr. Jenkins stated that means in 2004, the Board will have to find $1.3 million just to stay even with what the County is currently doing. Chairman Higgs inquired why there is not a flat debt service payment; with Mr. Pelham responding a flat debt service schedule would not free up LOGT revenues to fund the shortfall in Road and Bridge. Mr. Jenkins noted it also would not allow as many projects. Chairman Higgs stated the Board needs to consider what other adjustments it could make if it wanted to go to a flat payment; and inquired how much would the Board be looking at in terms of other projects. Mr. Jenkins inquired if $1.3 million was lost in debt service, what would the impact be; with Mr. Pelham responding it would not impact any of the projects that are currently on Exhibit A; but if they lost the $1.3 million for the next three years, it would make it necessary to find an alternative source for funding the Road and Bridge shortfall. Mr. Jenkins stated that is a policy decision of the Board; and they can either borrow less money and do fewer roads, or use the money to operate Road and Bridge. Chairman Higgs inquired how much would the Board have to take off. Mr. Jenkins inquired if $1.3 million in debt service was lost, how many bonded project dollars would there not be available to spend. Mr. Holley noted it is $1.3 million per year, so the total is $3.9 million in the first three years; and that would be approximately $3.5 million in projects.

Discussion ensued on projects, debt service, and cutting projects.

Mr. Jenkins stated if the Board loses $1.3 million a year for debt service, it will significantly reduce the amount of money the Board can borrow. Mr. Holley inquired if Chairman Higgs is suggesting that rather than having the $3.9 million per year in the out years, that it be reduced by $1.3 million; with Chairman Higgs responding no. Chairman Higgs inquired what if the Board wants to do the maintenance projects and fund Road and Bridge, but wants a flat debt service. Mr. Pelham stated if it goes back to a flat debt service and LOGT money is used to fund the Road and Bridge shortfall, it would be necessary to cut the project list by approximately $15 million. Mr. Jenkins clarified the bottom line is there would be at least $15 million less to spend for construction projects, if Road and Bridge operations is funded at $1 million per year with level debt service.

Commissioner Carlson inquired if the Board would pay a premium to do the lower debt service up-front; with Mr. Holley responding not much of one. Mr. Holley stated right now the County is spending a little over $4 million a year on debt service on the 1994 bonds; the desire was to get some money into Road and Bridge; and advised of the three options to get the money for Road and Bridge. He stated the County will pay a little more interest with the third option but not as much as with the first which would be very expensive; it is the most efficient way of getting the $1.3 million per year for Road and Bridge within the bond structure; and they did it by reducing the amount of principal amortized in each of the first three years. Mr. Jenkins noted the consequence would be a jump in the year 2004 and the need for another $1.3 million that the Board does not currently have to operate Road and Bridge. Commissioner Carlson stated in the briefing staff said there was the potential to forego the $1.3 million by doing other things such as taking issues off the list; they talked about the Croton Road item which is $2.7 million; and inquired what would that do in terms of the impact to the overall scenario. Mr. Minneboo advised they are asking for $10.4 million, so the $2.7 million for Croton Road could be deducted. Commissioner Carlson stated she was trying to see how to reach the goal without having to forego paying the debt until 2004 by removing a project from the list and putting it in next year's projects if additional revenue sources are found; and Croton Road is not a pressing road project as it was designed to go along with the extension of Apollo Boulevard, which never happened. She stated she would be willing to take that project off if the Board could come up with a scenario to keep the debt structure flat. Mr. Pelham advised staff had not discussed that scenario so he is not sure what the effect would be. Mr. Jenkins stated if $15 million in projects would have to be removed, the Croton Road project would represent $2.7 million of the reduction. Mr. Pelham advised if the Board wished to go with funding the Road and Bridge at $1 million a year and reducing the projects by $15 million, that would be the first step. Mr. Jenkins clarified it would be necessary to reduce the bond proceeds by $15 million; the Croton Road project would represent $2.7 million; and the Board would have to reduce another $12.3 million. Commissioner Carlson inquired why the non-flat structure is needed; with Mr. Jenkins responding it would allow use of approximately $1 million of the gas tax money for Road and Bridge operations; if the $1 million was used for debt service, the Board could borrow $15 million in bond proceeds which could be used to do $15 million in projects; but if the $1 million is used for Road and Bridge operations, the Board will not be able to borrow that money. He stated the second consideration under this scenario is that in the year 2004, the Board has to have to find $1.3 million to operate Road and Bridge from a new source.

Chairman Higgs inquired have the project total amounts considered only gas tax revenue and no other sources; with Mr. Jenkins responding it does not include commercial impact fees, for example. Chairman Higgs stated if the Board instituted something like that, it would have additional revenue. Commissioner O'Brien stated there are many questions; and he would not be comfortable voting on this today. Mr. Jenkins advised the problem is there are some parameters on the existing Local Option Gas Tax bonds, and as part of the overall package, in order to maximize available dollars, a restructuring of the bonds was included. Mr. Holley stated in 1994 when the bonds were sold, the Board had not extended the gas tax as it subsequently did prior to today; the document anticipated that the County would like to fund those projects over a longer period than seven years; and the gas tax would expire in 2001. He stated the County sold the bonds in 1994, and therefore was building roads and funding them over a seven-year period where typically roads would be funded between 20 and 30 years; they thought that a future Board would want to fund the road projects over the useful life of the road versus something much shorter; and so they structured an extraordinary call so the Board could call the bonds away from the investors and not pay a premium for them in order to restructure the debt. He stated the Board can do that at two times of the year, on interest payment dates, which are in February and August; and that is set by the 1994 Bond Resolution so there is not any flexibility. He stated in order to take advantage of the August 1 call date, the County has to give the investors at least 30 days notice; in order to provide that notice, the County has to have cash in the bank on July 1; and in order to have cash in the bank on July 1, the County would have to sell bonds ten days or so before that date which is almost impossible as the Board does not have a meeting in June. He suggested taking cash surplus from the Constitutional Fuel Tax to pay off the old bonds; and stated that would relieve the pressure on doing something today on the new bonds. He noted staff has been in contact with the Clerk, and the money is available.

Chairman Higgs stated this is the first time this arrangement has been explained. Mr. Holley advised the new financing requires that operation to be accomplished; they had anticipated wrapping it up in a refunding bond as part of this issue, but because time does not allow that, they are suggesting defeasing the bonds with cash, and then when the new bond issue is sold, that money will be replaced; and it is like an intrafund loan for approximately 60 days. Chairman Higgs inquired if staff looked at scenarios of different time periods for the LOGT revenue series in order to get a flat payment; with Mr. Holley responding yes. Mr. Holley advised the LOGT expires on a date certain; the Board only extended to a certain period of time, and it is not possible to go beyond that period of time; it is possible to go shorter; and that option was presented at a workshop a year ago, but the Board chose the other option. Mr. Jenkins stated the issues that are before the Board today are the Wickham Road project, the drainage projects, and some direction to staff on the Road and Bridge funding so the budget can be done; and the only other issue the Board has is the refinancing authorization. He stated the question is whether to go with the ramped debt service or level debt service; and after making that decision, the Board can wrestle with the projects later if it needs to. Chairman Higgs stated staff has not shown the difference the ramped debt service makes in the total payment; and inquired what are the long-term consequences of the ramped debt service. Mr. Holley estimated the extra cost would be less than $1 million over the 20 years.

Commissioner Scarborough suggested staff run some comparable sheets on the schedule; in the past staff has done that for the Board; and inquired if there is any scenario where the Board would not be defeasing the existing LOGT bonds; with Mr. Holley responding no. Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to defease the existing Local Option Gas Tax Bonds using the Constitutional Fuel Tax funds.

Commissioner Scarborough stated defeasing the bonds would give the Board the latitude to get the questions answered; it would be nice to have some comparables because there is interest carrying cost; and he would like to know the actual dollar amounts. He noted there may be other options. Mr. Jenkins inquired if it makes sense to defease the old bonds in isolation, and then do the rest in July; with Mr. Holley responding yes. John Denninghoff stated it would also be necessary to add the projects that they are taking the existing Constitutional revenue from; with Commissioner Scarborough advising he will make that part of the motion. Mr. Denninghoff stated the projects will need to be added to the Resolution project list. Commissioner Scarborough stated he will do that as a separate motion.

Chairman Higgs stated the Bond Counsel is present; and he was trying to ask the County Attorney about whether the Constitutional funds can be used to defease the bonds; and inquired if that is a legitimate use. Bond Counsel Rick Stevens advised it is.

Commissioner O'Brien stated he hates being put in this position. Chairman Higgs stated the Board could continue the discussion to Thursday night if the Board is not comfortable; and this is the first time the Board heard about the need to go ahead with the defeasing today. Commissioner Scarborough stated he agrees a lot of big issues are happening awfully fast.

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

Motion by Commissioner Scarborough, to amend the Constitutional Bond Resolution to include the old projects. Motion died for lack of a second.

Mr. Pelham stated there are some projects that are funded by the Constitutional Gas Tax proceeds that were not bonded in January, 2000; and taking that money away from those projects to do the defeasance of the 1994 LOGT bonds now requires the Board to add those projects to the project list. Commissioner Scarborough stated that is Local Option Gas Tax projects. Mr. Jenkins stated the result will be that Constitutional Gas Tax revenue will go down, but LOGT revenue will go up. Commissioner Scarborough inquired if the Resolution refers to Constitutional or Local Option Gas Tax; with Mr. Pelham responding the Constitutional Gas Tax; and the Exhibit A project list is being funded from the Constitutional bond proceeds and the LOGT bond proceeds. Mr. Stevens stated this is a stop gap measure; and explained the proposed action.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to amend the Constitutional Bond Resolution to include the old projects.

Mr. Minneboo inquired if it would be helpful for staff to bring back some numbers on Thursday; with Chairman Higgs responding she was prepared today to move forward with projects and take care of Road and Bridge; but there has not been any discussion about the ramped up principal and interest or the defeasance; and she is uncomfortable about not having had a chance to look at some of these things. Commissioner Voltz suggested the issue be brought back Thursday. Chairman Higgs stated she is ready to set aside the Road and Bridge revenue and do the drainage, but there are some numbers that she is not comfortable with; and she does not like the ramped up payment after 2004. Commissioner Scarborough inquired if he should remove the motion and do that as part of the later discussion; with Mr. Pelham responding if the Board does not add the projects to the list now so they can be funded out of the Constitutional Bond proceeds, it will not work. Chairman Higgs inquired if the Board could do it Thursday; with Mr. Pelham responding if the Board is giving permission today to take the Constitutional money to do the defeasance, then staff needs permission to add those projects to the list so they can be funded. Mr. Jenkins noted there is no net loss, as they are just being moved from one funding source to another.

Commissioner Scarborough stated one option has been presented, but there could be other options and ways to look at it; and he has never seen anything with financing where there were not a half dozen options presented and an analysis. He stated he shares the other Commissioners' concerns, but he knows the significance of the defeasance in August. Mr. Jenkins noted the options were presented when the Board made the decision to do the Constitutional and LOGT financing; but there have been some new wrinkles like Wickham Road, Road and Bridge operations, and drainage problems; and the analysis was done when the Board held the workshops.

Chairman Higgs stated she came today ready to take action, but has been given a different schedule of payment and road list; when she was briefed last week, she saw none of this; and she is uncomfortable and does not want to make a bad decision. Mr. Jenkins suggested continuing the meeting to 3:00 p.m. on Thursday before the Zoning meeting. Commissioners O'Brien and Voltz advised there is a VAB meeting at 4:30 p.m. and executive session at 5:00 p.m. Mr. Jenkins stated it is an option, and it is up to the Board.

Discussion ensued on continuing the meeting.

Commissioner Scarborough stated he does not have a problem moving forward with what has been suggested. He stated structuring the instrument and talking about the projects is much more complex; and the Board will be able to do it in July and do it right. He stated the Board has to do the defeasance in a timely manner.

Mr. Stevens stated there is some confusion on the projects; there are two sets of projects; the first set the Board is discussing is just moving a set of authorized projects paid with existing Constitutional revenues over to the Constitutional bond proceeds; and the Board is just being asked to authorize the shift from tax proceeds to bond proceeds. He stated later the Board will be able to make decisions on the other projects and how to structure debt service. Mr. Jenkins stated there are two issues; and one is the level of debt service payments; with Mr. Stevens advising that does not have to be addressed today, and can be deferred until July. Commissioner Scarborough stated all the Board is talking about is shifting the projects; but if the Board does not do that, it cannot defease; and if it does not defease, it cannot talk about doing any projects.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize moving the Constitutional projects from current Constitutional Gas Tax funds to bonded revenues in order to provide money to defease.

Discussion ensued on the motion. Mr. Stevens inquired if the motion was to authorize the shifting of the projects to the Constitutional Revenue bonds; with Commissioner Scarborough responding yes.

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

Mr. Minneboo stated the Board needs to convey the projects that need to be transferred over; with Commissioner Voltz advising that is what the Board just did. Mr. Minneboo advised the names must be given; with Mr. Denninghoff advising the projects are the Malabar Phase 2 project and the South Courtenay widening project from Magnolia to Fortenberry.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve moving the Malabar Phase 2 project and South Courtenay widening project from Magnolia to Fortenberry; and adopt a Resolution supplementing and amending Resolution No. 2000-010, pertaining to the Constitutional Fuel Tax Revenue Bonds, Series 1999, to modify the definition of initial project. Motion carried and ordered unanimously.

Chairman Higgs stated staff has the authorization on the defeasance, the list, and the Constitutional revenues; and the issues are how to do the debt service. She inquired if that has to be done today; with Mr. Minneboo indicating it does not. Chairman Higgs inquired if the Board wants to direct staff to come back with recommendations on the projects and alternatives so there is no ramping of the debt service. Commissioner Scarborough stated he would like to look at alternatives. Chairman Higgs stated there is consensus of the Board to do the drainage projects and Road and Bridge issues; the Board voted to fund Wickham Road; but the Board wants to take care of the drainage and Road and Bridge issues before looking at the project list in July.

DISCUSSION, RE: TRANSFER OF ENVIRONMENTAL HEALTH SERVICES TO FLORIDA DEPARTMENT OF HEALTH

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to transfer Environmental Health Services to Florida Department of the Health and establish a team with representatives from the County Manager's office to work in conjunction with a State team to minimize negative impacts on the salaries and benefits of the employees involved. Motion carried and ordered unanimously.

AUTHORIZATION AND PRIORITIZATION, RE: SUBMITTAL OF BREVARD COUNTY TRANSPORTATION ENHANCEMENT PROJECTS TO BREVARD MPO

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize submittal of projects to the Brevard County Metropolitan Planning Organization for consideration for federal enhancement funds, as follows: District 1-Brevard County/Space Coast Regional Airport Linear Park and Landscaping Project; District 2-SR A1A Pedestrian Way, Unincorporated areas in Cocoa Beach and Cape Canaveral; District 3-South Brevard Linear Park Project; District 4-Brevard County/Brevard Zoo Linear Park; and District 5-Brevard County/Melbourne International Airport Apollo Boulevard Landscaping Project and Brevard County/City of West Melbourne I-95 and 192 Interchange Landscaping Project.

Commissioner O'Brien inquired if there will be problems at Avon By The Sea because it is almost all open driveway. Barbara Meyer responded the entire A1A corridor has been difficult; for the past 12 years, they have been working on putting a pedestrian-way from Sebastian Inlet to the Port; and that is the ultimate goal. She stated the project has been difficult and expensive; but the problems can be overcome; and the project the Board is looking at now will be the gap as everything else is in place.

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

FINAL PLAT APPROVAL, RE: BAYTREE PUD, PHASE 2, STAGE 1A (THE HAMLET)

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant final plat approval for Baytree PUD, Phase 2, Stage 1A (The Hamlet), subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: HAWKSVIEW SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering approval for Hawksview Subdivision, subject to minor changes as applicable and developer responsible for obtaining all necessary jurisdictional permits.

Commissioner O'Brien stated he would like to discuss Items VI.A.5, Final Plat Approval for Baytree UD, Phase 2, Stage 1A (The Hamlet) and VI.A.7, Final Engineering Approval for Hawksview Subdivision; advised of letters to the editor and people talking about growth in the County; and inquired what would happen if the Board did not approve the plat. Chairman Higgs responded if the Board wanted to slow growth down, it would do it at zoning or the land use stage, and not at the final plat approval. Commissioner Voltz inquired why the items are on the Agenda; with Chairman Higgs responding they have to be approved. County Attorney Scott Knox stated they have to be approved because someone is going to be signing them on behalf of the Board.

Commissioner Carlson stated if Commissioner O'Brien is interested, he may want to do an inventory to make sure concurrency really adds up. Commissioner O'Brien stated the reason he asked the question is because there was a letter to the editor last week about the Pulte project, which is townhouses on Merritt Island along SR 528; and the letter writer indicated the Board does not care about growth because it is letting these developments happen. He stated the Board cannot legally say no to the plat approvals if they meet the law, are zoned properly, and meet concurrency; and inquired what happens if there are wetlands on the property. Chairman Higgs noted by the time it gets to the Board, that has been settled. Commissioner O'Brien stated the public does not necessarily understand that and wants the Commissioners to stop development from happening. Commissioner Carlson stated one community in the west had a 20% growth rate and put a moratorium on all things because they realized their infrastructure could not meet the needs of the growth that was occurring She advised there are permits to clear approximately 25,000 acres in Brevard County; it does not seem like a high level of growth; but it is something the Board may want to look at. Commissioner O'Brien stated people are already complaining about all the developers coming into the County; and inquired if the County is keeping an eye on its infrastructure to make sure it can absorb that development; with Mr. Jenkins responding yes, during concurrency. Chairman Higgs cautioned that concurrency is a squirrelly thing because what it counts is what is on the road plus what is coming at the building permit stage, and it does not go back and count all the developments that the Board has approved but not yet permitted; and concurrency will not save the County. Commissioner Carlson advised that was the impetus for DCA to look at the growth management process to understand if concurrency is working; commented on buildout figures; and stated she would like to know the number for buildout for Brevard County so she will know what to expect in the next 50 years. Commissioner O'Brien inquired if the system is broken, is it the Board's responsibility to fix it; with Commissioner Carlson responding DCA is attempting to analyze that.

Discussion ensued on looking at the buildout scenario and definition of concurrency.

Assistant County Manager Peggy Busacca advised staff does preliminary concurrency reviews at the zoning and Comp Plan stages. Chairman Higgs stated even at zoning and Comp Plan, it is not talking about everything out there that has been approved. Ms. Busacca stated that is correct; staff does annual counts on the roads; each year they review against what has been counted annually, so if there have been outstanding permits issued, it is anticipated they will come online within a year; and then the next year they catch them.

Commissioner Carlson stated what has come to the attention of DCA is that buildout is not part of that equation. She inquired how is total buildout taken into consideration when looking at concurrency; with Ms. Busacca responding it does not. Ms. Busacca stated when the County had its Evaluation and Appraisal Report, and the Board adopted the Future Land Use Map, the densities that were shown on the Future Land Use Map were still several hundred percent over the estimated population for the next 20 years; and commented on the Suntree density. Chairman Higgs requested the Board get a report on the issue of evaluating buildout as opposed to just concurrency because it is a relevant issue.

Commissioner O'Brien inquired if there are areas in Brevard County that the Board should be looking at a moratorium on any further construction. Mr. Jenkins stated under the current system it would be illegal; but if the Board changes how it counts, it could potentially do that. Commissioner O'Brien inquired what if it is counted as 30 units to an acre when it is really four to an acre, and what did that cause to occur. He inquired if that is why Wickham Road was four-laned; with Ms. Busacca responding no. Ms. Busacca stated in that case, if there were areas such as Suntree or Merritt Island where it is already developed, the Future Land Use Map showed something based on whether there was sewer and water, which automatically gave it a 30 unit per acre designation versus what the actual platting was, which was approximately four units per acre. She stated in 1988 when the Board adopted the Comprehensive Plan, it was assumed that the densities were much higher than buildout would be, and that choice would be made by the Board at zoning; after the Snyder case, the criteria upon which zoning could be denied changed, and it became more difficult to put lower densities on an area where there was a higher density shown on the Future Land Use Map; and reductions have been made since the Board adopted the new Comprehensive Plan; but staff still has not provided total information about buildout and the required infrastructure based on the current densities permitted on the Comprehensive Plan. Commissioner Carlson stated the Board needs to know exactly what needs to be added to the current infrastructure to provide for buildout; and from that point, it will be possible to start looking at what is being put online compared to what there is in terms of the system. Chairman Higgs recommended getting a memorandum and continuing discussion in July. Commissioner O'Brien requested it be made an Agenda item; and commented on development in Merritt Island. Chairman stated it is a Future Land Use Map issue; with Ms. Busacca advising it is also a level of service issue in that level of service is not entirely related to the engineering but is also related to quality of life, so the Board has a variety of opportunities to address this issue. Commissioner O'Brien requested the Agenda item come to the Board at the first meeting in August.

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

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS FOR ENGINEERING FIRMS AND PERMISSION TO BID CONSTRUCTION, RE: MARTIN ANDERSEN SENIOR CENTER

Commissioner Carlson stated there was a misunderstanding; this is for the funding for the Martin Andersen Senior Center; some of the wording was done incorrectly, but has been fixed; and everything should be fine. Facilities Construction Director Samuel Stanton advised there were three options given; someone mistakenly copied the wrong option onto the Agenda, but it has been corrected; and it is just an oversight. County Manager Tom Jenkins advised the correct scope of services is now listed to include replacing the existing structure on its present site with reusable items to be removed and reinstalled. Commissioner Carlson stated that is to basically replace the facility.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize advertising a Request for Proposals from qualified architectural/engineering firms to provide engineering services for repairs to the Martin Andersen Senior Center; appoint a Selection Committee consisting of Assistant County Manager Don Lusk, Facilities Management Director Hugh Muller, and Facilities Construction Director Samuel Stanton or their designees; appoint a Negotiating Committee consisting of Facilities Construction Director Samuel Stanton or his designee, Bill Clifton of Facilities Construction and Facilities Management Director Hugh Muller or his designee; grant permission to bid repairs to the Center; authorize award of the bid to the lowest qualified bidder; and authorize the Chairman to execute related contracts.

Commissioner O'Brien inquired if the facility is that bad; with Mr. Jenkins responding yes. Commissioner Carlson stated they have not been able to use the facility for a year. Commissioner O'Brien inquired if the County condemned the building; with Mr. Jenkins responding yes.

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

PERMISSION TO BID, RE: SALE OF H. S. WILLIAMS HOUSE

Commissioner Carlson stated there has been a lot of discussion about the Williams House and all the money the County has invested in it; it has come to the point where the Board needs to relieve itself of this facility; and recommended it go out for a bid. She stated currently there is an offer for purchase from Robin Turner for $250,000; and she would like to relieve the County of this parcel.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Parks and Recreation Director to solicit sealed bids for the sale of the H. S. Williams House in Rockledge with a minimum bid of $250,000.

Chairman Higgs stated the County will not accept all bids; with Parks and Recreation Director Charles Nelson advising staff recommended a minimum bid of $250,000.

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

AUTHORIZATION, RE: REASSIGNMENT OF THIRD PARTY ADMINISTRATIVE SERVICES AND PERMISSION TO INITIATE REQUEST FOR PROPOSALS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to accept reassignment of Third Party Administrative Services for Workers' Compensation, General Liability and Auto Liability claims to Underwriters, Safety & Claims, Inc.; authorize THE Human Resources Director and the County Manager to investigate and evaluate Underwriters, Safety & Claims, Inc., and either continue the existing contract to its conclusion on September 30, 2001 or initiate Request for Proposal process for claims services administration for Workers' Compensation, Auto Liability & General Liability claims; and bring back a recommendation to the Board for an alternative carrier. Motion carried and ordered unanimously.

ACCEPTANCE, RE: HEALTH DEPARTMENT'S FOURTH QUARTER PERFORMANCE REPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept the Health Department's Fourth Quarter Performance Report; and direct the Chairman to send a letter of congratulations to Dr. Heshmati. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JUANITA BARTON, EAST MIMS VISIONING, RE: 2020 VISIONING PROJECT

Commissioner Scarborough stated a year ago Juanita Barton came before the Board with some visions which they have called Visioning 2020; in the interim the group has been doing a lot of things; and they want to get the Board's approval to continue.

The meeting recessed at 3:59 p.m. and reconvened at 4:09 p.m.

Juanita Barton expressed appreciation to the Board for its support over the last year of the East Mims 2020 projects. She presented a slide show showing the principles, mission, activities, and achievements of the East Mims Progressive Civic League for the 2020 Visioning Project. She commented on evaluating strengths, weaknesses, opportunities, and threats; and advised of existing and planned programs. She advised education is essential to equality; and it is important to strengthen educational programs and work on a relationship with the feeder schools; another important element is being part of the American political process, so they are doing aggressive voter registration in the community; and they are taking steps to insure that all residents of the community are counted in the census. She stated some of the things they need to do include an in-depth survey of the community, developing a relationship with Code Enforcement for clean-up of streets and vacant lots and demolition of some derelict homes, and taking part in the SNARP Program. She stated they need help in the area of crime prevention; and advised of activities of the Police Athletic League. She stated the group needs the financial support of the Board; they would like to take bus trips to other communities to observe what other people are doing; and they would also like to have a motivational speaker come to the community. She displayed renderings showing what the community is projected to be like in 20 years; stated the cost of the renderings is $4,000; and they will be put in the Annex so people can see what the ultimate goal is. She stated there is a great opportunity to break the cycle of the disadvantaged with common purpose and strengthen the community; and summarized the needs are Code Enforcement and Sheriff's Office support, and financial support. She noted she does not know the cost for the bus trip; one motivational speaker has agreed to come at no cost initially; and the cost of the renderings is $4,000.

Chairman Higgs stated the group is doing some wonderful visioning in the community; and inquired if the requests have been included in a CDBG proposal or under the CBO. Commissioner Scarborough stated they have met with Code Enforcement; they have an ongoing program and will not require funding; the Sheriff is working with Ms. Barton about becoming more active; and everyone recognizes that programs do not work unless there is a community coming together like this one is. He inquired if permission to have a bus trip is something that could be put on the Consent Agenda; with Assistant County Manager Don Lusk responding it is something that can be approved administratively if there is enough money left in the Special Trip fund. County Manager Tom Jenkins inquired if they are thinking of using a SCAT bus. Commissioner Scarborough advised of the advantages of the bus trips.

Motion by Commissioner Scarborough, to approve support for Sheriff's Community Policing, Code Enforcement SNARP Program, Parks and Recreation programs, and funding for field trips, speakers, and $4,000 for concept graphics for the East Mims 2020 Visioning Project.

Ms. Barton stated they would like to become part of the Chain of Lakes Project; with Commissioner Scarborough responding the Board will be looking at that continued purchase by the St. Johns River Water Management District into that area; and he will include that as part of the motion.

Commissioner Voltz seconded the motion.

Chairman Higgs inquired what is included in the motion. Commissioner Scarborough stated a lot of it is just thanking Ms. Barton because the Sheriff and Code Enforcement have an ongoing program; and the only thing the Board is doing today is $4,000 for the graphic work; and everything else dollarwise would be appropriated subsequently when the funds are available. Commissioner O'Brien inquired what is the source for the $4,000. Commissioner Scarborough inquired what funds should be used. Mr. Jenkins stated there is still some money in CBO contingency. Mr. Lusk stated Ms. Jackson indicates that has been spent. Mr. Jenkins inquired if it is an eligible expense for CDBG. Housing and Human Services Director Bernice Jackson stated the CDBG, CBO, CAA process is closed; the allocations have been made by advisory committees; and those recommendations will be coming to the Board shortly. She stated it may mean that money would need to be moved from one program that has been recommended for funding to another, which would mean that some proposal would be short. Mr. Jenkins inquired if there was a contingency this year; with Ms. Jackson responding they are asking for a $10,000 set aside. Chairman Higgs recommended getting the referral to the staff, and asking staff to come back in July to advise exactly how it can be done. Commissioner Scarborough stated he does not like bumping people; but he knows there is $4,000 some place.

Motion by Commissioner Scarborough, to approve support for Sheriff's Community Policing, Code Enforcement SNARP Program, Parks and Recreation programs; and funding for field trips, speakers, and $4,000 for concept graphics for East Mims 2020 Visioning Project; and direct staff to come back to confirm where the funds will come from.

Commissioner O'Brien stated all they have is CBO funding and it was doubled last year in the budget; and if $4,000 cannot be found there, something is wrong.

Commissioner Scarborough stated the whole item can come back before the Board; and it is the Board's call. Chairman Higgs stated the Board needs to do that; it is a good project and the Board wants to be supportive, but there are lots of wonderful projects; and recommended this come through the normal process.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve support for Sheriff's Community Policing, Code Enforcement SNARP Program, Parks and Recreation programs; and funding for field trips, and speakers as funds are available. Motion carried and ordered unanimously.

Chairman Higgs stated the Board will see the rest of it in July. Ms. Barton invited everyone to attend the Annual Fun Day on June 3, 2000.

DISCUSSION, RE: SPACE COAST REGIONAL AIRPORT BUSINESS PARK DEVELOPMENT PARK

Commissioner Scarborough stated this is from the Space Coast Regional Airport; and Ernie Voegtlin is present to answer any questions. He stated the Airport had two projects; due to funding methodology, it was going to cut waterlines under runways, and then ultimately as things moved on, they were going to be abandoned; and several meetings were held with staff to try to find a way to work with the Airport to put something together. He stated the item is addressing legal questions, getting some grants, and working with the City of Titusville; and recommended doing it right rather than having to abandon something and come back to spend more money.

County Manager Tom Jenkins stated there are several significant companies that are interested in relocating at the Airport; and Commissioner Scarborough is recommending a comprehensive approach rather than doing it piecemeal.

Chairman Higgs inquired if this is just an application to the State; with Commissioner Scarborough responding there are several different issues including working with the City and getting an Attorney General's opinion on how to structure the loans. Commissioner Scarborough stated it would probably take 30 to 40 minutes to explain the technicalities. Chairman Higgs stated she talked with Mr. Voegtlin yesterday, but wanted to clarify that the only thing the Board is committing to is a grant application and having staff work on the other issues. Mr. Jenkins advised all the things would come back to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the submission of two grant applications to the State Economic Development Transportation Trust Fund and one grant application to the Economic Development Administration for water and wastewater improvements, and the Chairman to execute necessary applications and related documents; authorize staff to negotiate an interlocal agreement with the City of Titusville to connect to the City water and wastewater systems; and authorize the County Attorney's office to request an opinion from the Attorney General as to whether the County may loan water and sewer enterprise funds to a special district for construction of water and sewer line facilities serving the special district. Motion carried and ordered unanimously.

APPROVAL, RE: ALTERED AND ADDED PRECINCT LEGAL DESCRIPTIONS

Gertrude Montgomery stated she received a card in the mail advising her precinct had been changed; but now she sees it has not been approved. She stated it does not make sense to take a small section of a precinct and change it; she was within walking distance of her precinct; but now she will have to go onto University, down US 1, up to New Haven, and down to the river to vote. She advised of her work on reapportionment; and noted she would be contiguous to Precinct 26. She commented on how the new lines have been drawn; and stated she cannot imagine why the School Board would do this. She stated the School Board Attorney Mr. Bistline made a recommendation to the School Board which it accepted; and recommended the Board not approve this.

Julius Montgomery stated the official description provided by the School Board is not very clear; and commented on the changes, areas affected, and lack of justification. He stated he does not understand why they have to take a small area that happens to include his two streets; and inquired why the School Board cannot respect the County lines.

Supervisor of Elections Fred Galey stated he agrees with Mr. and Mrs. Montgomery; when the School Board was doing this, he said it should not be done until after the census because the numbers will change, and everything will have to be re-balanced; and he recommended they stick to existing precinct lines to the maximum extent possible. He stated splitting Precinct 26 down the center is wrong; described the boundaries of the precinct; and advised of the effect on Precinct 145. He stated instead of voting at Riverfront for Precinct 169, he could put two precincts on Lipscomb; that would allow those people who were previously in Precinct 26 to still walk to the voting site. He advised how the change will affect the ballot style; and stated half of Precinct 26 would have one ballot style and the other half would have another, which is not good.

Chairman Higgs stated School Board District 3 comes south; and District 5 is the north part of Precinct 26; with Mr. Galey advising that is correct. Mr. Galey stated there are some other things in Satellite Beach with Precinct 163; some of the annexations tie his hands; the lines will all have to be redrawn after the census because the numbers will change; and it will be very expensive, although it would not have been too expensive if they had stuck to the precinct lines. He stated drawing 14 extra precincts is expensive, not to mention the $85,000 in postage to mail all new cards. Chairman Higgs inquired how it will affect the County Commission elections in the future since the precincts have been redrawn. Mr. Galey advised there have always been different precincts for the School Board and County Commission; ideally the Districts should be the same; and it would create immensely less ballot problems. He explained if one precinct is in one School Board District but a different County Commission District, that creates a different ballot style; and that is why he sometimes ends up with 90 different ballot styles. Chairman Higgs stated in the past, when the School Board was not single-member districts, there was no problem; but now the School Board is drawing its lines and Mr. Galey is having to comply with those lines; some precincts such as Precinct 26, which is an African-American precinct, have been split; and she has serious questions about that. She stated she did not want to vote to approve it until she had an opportunity to look at it. Mr. Galey commented on mailing the cards, getting the lines drawn, and bringing this to a head; and stated ideally the School Board and the County Commission should have the same districts because it would be fewer problems for the people and for his office. Chairman Higgs inquired if this has to be approved today; with Mr. Galey responding the School Board has already done it, and all the Board is doing is allowing him to have a way to create ballot styles. He advised the Board does not have to approved it today, but the Board does not meet again until July; and he has to mail ballots in August. He stated to solve the problem he can allow Precincts 26 and 169 to vote at the Lipscomb location. Chairman Higgs stated that does not deal with the difference between Districts 3 and 5 being divided in that neighborhood. Mr. Galey stated the School Board approved these last year. Chairman Higgs stated she would be uncomfortable voting to approve until her concerns are addressed; and inquired if the Board puts this off to July, will that cause a problem. Mr. Galey stated it will cause a problem because the election has to go on; the books will be closed; and ballots have to be mailed in August.

Commissioner Voltz inquired how the Board can get the School Board to go along with its boundary lines. Mr. Galey stated when the redistricting is done in 2001, it needs to be a coordinated effort, and he needs to be involved.

Commissioner Scarborough inquired if it would be beneficial for the County Manager and the Chairman to meet with the School Board Chairman; stated people will be upset with the Supervisor of Elections about the new precincts; and if there was some way to bring the boundaries in line, it would be simple. Mr. Galey advised he would love to see it, but he does not know if there is time. He stated he can prevent the people from Precinct 26 from having to go to Front Street Park by voting two precincts at the Lipscomb site; and that eliminates one problem, but does not prevent the fact that it is split into two School Board Districts.

Mr. Jenkins advised in the short term the Board may want to accept Mr. Galey's recommendation, and in the long term, work with the School Board in finding a joint way to plan for the census redistricting.

Chairman Higgs expressed concern that by approving the item, the Board might be endorsing it; stated when a predominantly minority district is divided into two separate voting districts, there could be legal challenge; and inquired if the Board votes on this today, will it be participating in something it has not had an opportunity to study. Mr. Galey advised it has already been done by the School Board; and the Board is not changing anything by its action.

County Attorney Scott Knox stated he is not sure what the basis was for the School Board's decision or whether it had the authority to do it; but if the Board approves a precinct, which it is required to do, it could be drawn into whatever controversy erupts. Mr. Jenkins noted there was a Charter Amendment that required the School Board to go to single-member districts. Mr. Knox advised how the School Board establishes the districts and where is not clear. Commissioner Scarborough inquired if Mr. Knox would know by Thursday if the Board delayed until then. Chairman Higgs stated she would support a motion to table this until Thursday.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table consideration of precinct legal descriptions to May 25, 2000. Motion carried and ordered unanimously.

RESOLUTION, RE: REAFFIRMING SUPPORT OF AMERICANS WITH DISABILITIES AND FLORIDA CIVIL RIGHTS ACTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution reaffirming the Board's support of the Americans with Disabilities and Florida Civil Rights Acts, and providing a work plan for an A.D.A. Coordinator. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; Commissioner Voltz voted nay.

Commissioner Voltz advised she voted against it because she has not had a chance to look at it as she just got it.

PUBLIC COMMENT - BEA POLK, RE: COURT CASE

Bea Polk commented on the Board's paying off a case in Orlando; and expressed concern that the Board did not condemn what happened. She stated she hates to pay it; the person who is guilty should pay it; and the Board is giving the impression that it does not care if someone violated the law, but that the only concern is paying it. She commented on terminated employees suing the County, blacklisting, getting relief in court, going along with things that are wrong, spending money for appeals, and setting example for juveniles. She requested the guilty party pay to make amends.

Chairman Higgs stated the County Attorney has instructed the Board to take care in its comments. County Attorney Scott Knox stated it is premature to be talking about anything at this point because there are still a lot of things that have to be done by the court; one motion has been filed and three more are ready to be filed; and the court has not ruled on any of the motions. He stated the court may modify the result; it may reverse the result; it may rule in the County's favor; or it may allow things to stand the way they are, so it is premature to be talking about anything at this point.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 4:59 p.m.

ATTEST:

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )