The Board of County Commissioners of Brevard County, Florida, met in regular session on February 8, 2000, at 9:02 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 Pastor Tim Franklin of Freedom Christian Center in Viera, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Minutes of October 19, 1999 Regular Meeting. Motion carried and ordered unanimously.

REPORTS, RE: BUILDING PERMIT FOR CLIFF TRAINHAM

County Manager Tom Jenkins advised Clifford Trainham stated at a previous meeting that it took an excessive amount of time to get a building permit in West Canaveral Groves; Mr. Trainham applied for the permit on January 24, 2000 and received it on January 26, 2000, which was processed in 48 hours and complied with the normal schedule for issuance of building permits.

REPORT, RE: TRIAL OF FARM GROVE REALTY

County Attorney Scott Knox advised the trial of Farm Grove Realty was held January 18 through 21, 2000; and he received a court decision yesterday, and the County prevailed on all points.

The Board congratulated Mr. Knox and his staff on their successful presentations.

REPORT, RE: HOGAN LANDFILL

County Attorney Scott Knox advised the people from Delta met and worked out a plan with Department of Environmental Protection to clean up the landfill; Department of Environmental Protection sent out a letter saying Delta will be authorized to do the clean up; so there will be some activity there today and this week. He stated the letter from Department of Environmental Protection is not the paradigm of what he would have sent out; it referred to permit modifications, etc.; and he was disappointed in the way D.E.P. approached it; however, it is still under injunction, so no hauling into the landfill will take place until the injunction is lifted, if it is lifted. He stated in the meantime he will file for a permanent injunction to hopefully shut it down completely.

Commissioner Scarborough inquired if Delta will be required to do a complete clean up of the site; with Mr. Knox responding he is not certain what they are required to do; there was a plan submitted that was approved by Department of Environmental Protection; and he is not sure what that plan is. Commissioner Scarborough inquired about the closure cost if Brevard County gets a permanent injunction; with Mr. Knox responding what is going on right now is preliminary to closure; they are cleaning out whatever was in there that was offensive and violated the rules; and if the County gets a permanent injunction, Department of Environmental Protection would force them to close. Commissioner Scarborough inquired if the closure would cost between $1.5 to $3 million; with Mr. Knox responding it depends on what they found in there, and part of what they are doing now should reduce that cost. Commissioner Scarborough inquired when would they go to trial on the permanent injunction; with Mr. Knox responding it follows the normal course of lawsuits and hopefully will be in approximately six months.

Chairman Higgs congratulated Mr. Knox and his staff for their excellent presentations and doing a good job.

REPORT, RE: HOSTING OF TELEVISION PRESENTATION

Commissioner Voltz advised she received a copy of a letter from the Chairman to the County Manager regarding a memo from Sharon Luba about the television and she agrees that if a Department wants a Commissioner to come in and say a few words about their Department that is one thing, but to host something is scary.

Chairman Higgs advised the County Manager will return with a full report on the policies.

REPORT, RE: LETTER FROM CITY OF COCOA ON SCAT TERMINAL

Commissioner Voltz advised she received a letter from the City of Cocoa about someone who wants to put in a Winn-Dixie at SR 520 and Fiske Boulevard, and wants to know if the County can move the SCAT terminal. She stated the person is willing to pay to relocate the terminal.

Chairman Higgs advised Mr. Jenkins or Mr. Lusk can give the Board a report on that.

County Manager Tom Jenkins advised staff is waiting for the developer to give the County a firm offer; the developer was told that when he comes back with a like-for-like offer, staff would bring that to the Board; and he also has to get the Federal Transportation's approval because it paid for the bus building. He stated if the developer gives the County a comparable facility with the same amount of land, it should not be a problem, and staff will cooperate with him. Chairman Higgs stated the transportation pattern for the buses needs to be equivalent, and cannot be off the corridors.

PRESENTATIONS, RE: MANAGEMENT CERTIFICATION PROGRAM CERTIFICATES

Human Resources Director Frank Abbate advised 98 employees have gone through the Management Certification Program this year; the program is divided into three phases with 15 courses and an exam; and Todd Babione, Warren Bennett, Donna Birmingham, Julie Bryant, Katie Crabtree, Sue Douzanis, Janet Dulaigh, Don Fristma, Richard Goolsby, Ron Nardone, Bob Roberson, E. J. Rogers, Leslie Rothering, Stephen Ryckman, Patrick Sims, Scott Singleton, Robin Sobrino and Jennifer Wyman successfully earned their certificates; and Marilyn Bauer, James Bell, Ann Birch, Martha Daniher, Wendy Oliver, Marianne Raley, Linda Romer, Ryan Rusnak, Wendy Stevenson, Thomas Stewart, and Christine Sullivan completed the Program with honors.

Chairman Higgs commended the employees for their efforts, and thanked them for what they do to make the County work better.

REPORT, RE: EXECUTIVE SESSION ON LEGAL CASES

County Attorney Scott Knox requested an executive session to discuss the Duda v. Brevard County and Maxwell v. Brevard County cases.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to schedule an executive session on February 15, 2000 at 4:45 p.m. concerning Duda v. Brevard County and Maxwell v. Brevard County. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH THE WATAUGA COMPANY, RE: JORGENSON'S LANDING BOAT DOCK REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with The Watauga Company for Jorgenson's Landing Boat Dock Replacement, reducing contract price by $2,185 for removal of handrails and #2 instead of #1 pressure-treated decking, and extending time by 13 days due to holidays. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH MESSER CONSTRUCTION, RE: FAY LAKE WILDERNESS PARK RESTROOM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Messer Construction for Fay Lake Wilderness Park Restroom, increasing contract price by $175 for 20 amp circuit breaker, and extending time by 72 days due to inclement weather, delay of delivery, delay of FDEP approval, and delay of water connection. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH HEARD CONSTRUCTION, INC., RE: HABITAT GOLF COURSE CLUBHOUSE RENOVATIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 3 to Agreement with Heard Construction, Inc., for Habitat Golf Course Clubhouse Renovations, decreasing contract price by $12,882.98 for adjustment of the guaranteed maximum price and actual total construction cost. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PLAT APPROVALS, RE: BAYHILL SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final engineering and final plat approvals for Bayhill Subdivision, subject to minor changes as applicable, receipt of all documents required for recording, and not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH BARBARA J. LASTER, RE: FARNSWORTH AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Barbara J. Laster for a building permit off Farnsworth Avenue which has been constructed to the standards of the Unpaved Road Code of Ordinances Section 62-102. Motion carried and ordered unanimously.

AGREEMENTS WITH GEOFFREY G. STRANGE AND JOHN L. SOILEAU, RE: PRIMARY AND ALTERNATE SPECIAL MASTERS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreements with Geoffrey G. Strange and John L. Soileau as primary and alternate special masters respectively to hear cases regarding unlicensed contractors at $60 per hour. Motion carried and ordered unanimously.

CONSIDERATION, RE: TWO ANNEXATIONS BY CITY OF COCOA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge two annexations by the City of Cocoa involving approximately 123 acres in Sections 23 and 26, Township 24S., Range 35E. Motion carried and ordered unanimously.

AUTHORIZATION TO SUBMIT APPLICATION, RE: TEMPORARY FINANCIAL ASSISTANCE FOR HOMELESS FAMILIES PROGRAM GRANT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve application for Temporary Financial Assistance for Homeless Families Program grant, and authorize the Chairman to execute grant agreements and amendments to the budget upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION COMMITTEE, RE: AVAILABILITY OF FY 1999-2000 SHIP FUNDS FOR TRANSITIONAL YOUTH SHELTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise request for proposals for availability of FY 1999-2000 SHIP funds for transitional youth shelter to be submitted by not-for-profit and for-profit agencies using package developed by the Affordable Housing Council; and appoint the Affordable Housing Council to review and rank submitted projects and make funding recommendations to the Board. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION COMMITTEE, RE: AVAILABILITY OF FY 1999-2000 SHIP FUNDS FOR SECURITY AND UTILITY DEPOSIT ASSISTANCE PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise request for proposals for availability of FY 1999-2000 SHIP funds for security and utility deposit assistance program to be submitted by not-for-profit and for-profit agencies using the request for proposals package developed by the Affordable Housing Council, and appoint the Affordable Housing Council to review and rank the projects and make funding recommendations to the Board. Motion carried and ordered unanimously.

AGREEMENT/EASEMENT WITH CITY OF PALM BAY, RE: ROAD AND WATER SERVICE IMPROVEMENTS AT PALM BAY REGIONAL PARK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement/Easement with City of Palm Bay for road and water service improvements at Palm Bay Regional Park. Motion carried and ordered unanimously. (See page for Agreement/Easement.)

REAPPOINTMENTS, RE: PALM BAY REGIONAL PARK ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reappoint James Hinchman with term expiring December 31, 2000, and Melvin "Ted" Whitlock, Jr. with term expiring December 31, 2001, to the Palm Bay Regional Park Citizens Advisory Committee, as recommended by the City of Palm Bay. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-0-08, RE: TOURISM INFORMATION CENTER SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to award Proposal #P-3-0-08, Tourism Information Center Services, to Delaware North Parks Services; and authorize the TDC to negotiate a contract and the Executive Director to execute the Contract with Delaware North Parks Service. Motion carried and ordered unanimously.

REJECTION OF PROPOSAL #P-4-0-7, RE: CUSTODIAN SERVICES FOR NORTH AREA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reject proposals submitted for Proposal #P-4-0-07, Custodian Services for North Area, (Titusville Courthouse and Parkway Service Complex); and authorize staff to re-solicit proposals under revised specifications. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-8, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve revised Policy BCC-8, Tangible Personal Property, delegating authority to donate surplus property to not-for-profit organizations to the County Manager, and changing the tangible personal property limit to $750. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED 2000 BOARD MEETING SCHEDULE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the revised 2000 Board Meeting Schedule, changing the budget hearing from September 7 to September 6, 2000, and setting subjects for March 9,. 2000 workshop as the Sign Ordinance and the March 23, 2000 workshop as EDC and Goals. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: BREVARD COUNTY vs. MURILLO, ET AL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the settlement of Brevard County vs. Murillo, et al case for $585,000 including attorneys' fees and costs; and execute Mediation Settlement Stipulation. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN IDLEWYLDE ESTATES - MICHAEL HOWARD

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Idlewylde Estates as petitioned by Michael Howard, which was continued from January 25, 2000.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating public utility easements in Idlewylde Estates as petitioned by Michael Howard to the February 22, 2000 meeting. Motion carried and ordered unanimously.

RESOLUTION AND FEE WAIVER, RE: VACATING CANAL AND DRAINAGE EASEMENT IN MEADOW POINT SUBDIVISION - MICHAEL AND KAREN CORREA

Chairman Higgs called for the public hearing to consider a resolution vacating a canal and drainage easement in Meadow Point Subdivision as petitioned by Michael and Karen Correa, and a request for waiver of fees.

Assistant Public Works Director Ed Washburn advised staff requested the Correas vacate the easement in order to dredge the canal; there was some misinformation given; so staff recommends that portion be vacated and the fee be waived.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating a canal and drainage easement in Meadow Point Subdivision as petitioned by Michael and Karen Correa, and waive the $400 processing fee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN PARK MEADOW WEST AT SUNTREE - FLORENCE BERNHARDT

Chairman Higgs called for the public hearing to consider a resolution vacating a drainage easement in Park Meadow West at Suntree as petitioned by Florence Bernhardt.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution vacating a drainage easement in Park Meadow West at Suntree as petitioned by Florence Bernhardt. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN INDIAN RIVER PARK - MITCHELL AND LUCIE KNOX

Chairman Higgs called for the public hearing to consider a resolution vacating rights-of-way in Indian River Park as petitioned by Mitchell and Lucie Knox.

Commissioner Scarborough advised simultaneously they are requesting a rezoning; and inquired if they are going to put exotic animals on the property; with Mitchell Knox responding yes. Commissioner Scarborough inquired if it will be a rezoning request at a later date; with Mr. Knox responding yes.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating rights-of-way in Indian River Park as petitioned by Mitchell and Lucie Knox. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF NOVEMBER 1, 1999 FOR A. DUDA & SONS, INC.

Chairman Higgs called for the public hearing to consider the recommendation of the Planning and Zoning (P&Z) Board, made at its public hearing on November 1, 1999, as follows:

Item 1. (Z9911403) A. Duda & Sons, Inc.'s request for change from GU to BU-1 with BDP on 17.21? acres located on the south side of Wickham Road, east of Murrell Road, which was recommended by the P&Z Board for approval as BU-1 on three acres and the remainder as EA, subject to a public interest determination and site plan submitted by the applicant.

Commissioner Carlson advised she still needs to work with the applicant to resolve some issues; and recommended the public hearing be continued until May 9, 2000 and readvertised. Zoning Official Rick Enos advised if it is tabled to a time certain, it does not need to be readvertised.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to continue the public hearing on Item 1, A. Duda & Sons, Inc.'s request for change from GU to BU-1 with BDP on 17.21? acres located on the south side of Wickham Road, east of Murrell Road, until May 9, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONSOLIDATED ACTION PLAN FOR CDBG AND HOME PROGRAM FY 00-01 FUNDS

Chairman Higgs called for the public hearing to consider the Consolidated Action Plan for Community Development Block Grant (CDBG) and HOME Investment Partnership Program FY 00-01 funds.

Chairman Higgs advised the floor is open for public comments; she has no cards from the public to address the item; and inquired if there is anything that needs to be put on the record.

Housing and Human Services Director Bernice Jackson advised the purpose of the public hearing is to receive public comments on funding priorities for FY 2000-2001 on CDBG and HOME Programs prior to the development of funding recommendations. She stated the Plan will come back to the Board in July before being submitted to HUD in August; and a report on last year's accomplishments is attached to the Agenda Report. She noted there is no action required of the Board today.

Commissioner O'Brien advised the CDBG Program's primary objective is the development of viable urban communities, including decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low and moderate income; and priority funding under the CDBG Program will be given to existing projects for FY 2000-2001. He stated the HOME Program funds are received by Brevard County on behalf of the HOME Consortium which consists of Brevard County and the Cities of Titusville, Cocoa, Melbourne and Palm Bay; those funds may be used for acquisition, construction, or rehabilitation of homes or rental housing, or for direct rental assistance to income eligible households; and 15% of each year's allocation is reserved for use by a nonprofit organization that meets HUD's definition of a community housing development organization.

Chairman Higgs noted the Board will see the Consolidated Action Plan again in July, 2000.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC TAX EXEMPTION FOR LOCKHEED MARTIN ASTRONAUTICS ATLAS V EELV PROGRAM

Chairman Higgs called for the public hearing to consider an ordinance granting economic tax exemption for Lockheed Martin Astronautics Atlas V EELV Program.

Commissioner Scarborough advised representatives from Lockheed Martin visited his office and probably all the Commissioners; it is a major and significant thing for the entire County, so he recommended they put information into the record; and requested the Board postpone the public hearing until they are ready to make their presentation.

Commissioner O'Brien stated they have been showing the summit and privatization of Cape Canaveral Air Force Station on NASA Channel 15; and Lockheed has been doing more satellite launches and commercial work than military and secret launches, which are very important for the future economic growth of Brevard County.

Chairman Higgs postponed the public hearing on the ordinance granting economic tax exemption for Lockheed Martin Astronautics Atlas V EELV Program until later in the meeting.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC TAX EXEMPTION FOR GLOBE WIRELESS

Chairman Higgs called for the public hearing to consider an ordinance granting economic tax exemption for Globe Wireless.

Commissioner Voltz advised they have 24 employees and will be creating 20 new jobs, which is almost double the size of their workforce; and the average wage will be $40,000 a year.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to Globe Wireless, located at 2300 Commerce Park Drive, Palm Bay, Florida 32905; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statute 196.012; providing for proof of eligibility for exemption; providing for an annual report by Globe Wireless; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISION 6, SUBDIVISION 1, SECTION 62-2131, TEMPORARY USE AGREEMENTS

Chairman Higgs called for the public hearing to consider an ordinance amending Section 62-2131 relating to temporary use agreements; and requested staff explain the change.

Planner II Randy Woodruff advised the ordinance extends the duration of temporary use agreements from one year to three years. Chairman Higgs inquired if there will be public hearings on the agreements; with Mr. Woodruff responding yes. Chairman Higgs inquired why staff recommended three years; with Mr. Woodruff responding it came about because of the satellite program for which the Board approved a temporary use agreement for; the program was a three-year project, and had to come back with three separate agreements; and at that time staff was asked to look at the possibility of extending the duration from one year to three years to limit the number of renewals.

Assistant County Manager Peggy Busacca advised three years is the maximum, not a requirement; and the Board can approve agreements for one or two years also. Commissioner O'Brien requested examples of uses for a temporary use agreement; with Ms. Busacca responding construction of major highways where FDOT needs a temporary staging area; and rather than change the zoning for a temporary use, the Board chose to go with temporary use agreements. Commissioner O'Brien inquired if it would be a viable method to deal with manufacturing firms going into old supermarkets without rezoning the property; with Ms. Busacca responding the language would need to be amended as it talks about being a public purpose, but staff could provide information to the Board on that. Commissioner O'Brien stated the Board talked about special exemptions for those types of uses, but a lot of concerns were expressed, so this method may be viable, as the property would remain commercial. Ms. Busacca advised staff could provide the Board with a report on alternatives; with Commissioner O'Brien responding he would like to see something like that.

Chairman Higgs stated it may be an alternative way to deal with those issues; however, the temporary use permit was developed to allow activities that were clearly public purposes and dealt with public facilities and public defense issues on a temporary basis; but three years goes beyond temporary. She stated she is comfortable with one year, and allowing them to come back and request extensions.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 6, Subdivision 1, specifically amending Section 62-2131, Temporary Use Agreements, to expand duration of said use to three years; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for an effective date; and providing for inclusion in the Code of Ordinance of Brevard County, Florida, as amended to establish the duration at one year with three years maximum.

Discussion ensued on a maximum duration of three years, allowing a maximum of three years with one year terms, renewals placed on the Consent Agenda for information purposes, revising the language of the agreement, public notices, and no need to change the current Code.

Chairman Higgs assumed the motion and second were withdrawn based on discussions; and advised that the Board took no action to adopt the ordinance amending Chapter 62, Article VI, Division 6, Subdivision 1, Section 62-2131 to extend the duration of temporary use agreements.

APPROVAL, RE: REVISION OF JOINT PLANNING AGREEMENT BOUNDARY BETWEEN CITY OF PALM BAY AND BREVARD COUNTY

Chairman Higgs advised the City is asking the Board to do planning on all the boundaries, as it has property on all four sides.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize including all common boundary areas around the City of Palm Bay within a future joint planning area agreement.

Chairman Higgs advised doing it as a total is a massive job; if it is broken down into separate parts, there is a chance of accomplishing something; and suggested an amendment to the motion to enter into an agreement to do joint planning, but divide it into multi-phases so the County can do something productive. Commissioner Voltz inquired how would that be done; with Chairman Higgs responding it could be divided into definable phases, or north, south, east and west to have a meaningful area to deal with. Commissioner Voltz accepted the amendment to the motion to divide the boundary into four phases. Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

PERMISSION TO HOLD OUTSIDE MUSIC EVENT, RE: SUPER 8 MOTEL ON FRIDAY ROAD IN COCOA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission for Super 8 Motel on Friday Road in Cocoa, to hold an outside music event on February 12, 2000, from 11:00 a.m. to 5:00 p.m. to benefit the World War II Memorial Fund, and accept the medical personnel plan and security plan. Motion carried and ordered unanimously.

DISCUSSION, RE: H.E.A.R.T. LEGISLATIVE CHANGES

Commissioner Voltz advised she did not receive anything from the Sheriff. Chairman Higgs recommended the item be brought back to the Board upon receipt of the Sheriff's response. An employee of the Sheriff's Department stated she could take questions back to the Sheriff; with Commissioner Voltz responding the Board gave him questions and needs his answers.

Chairman Higgs instructed staff to put the item back on the agenda when the Sheriff is ready.

PERSONAL APPEARANCE - JIM EGAN, MARINE RESOURCES COUNCIL, RE: SUPPORT OF REQUEST TO LEGISLATURE FOR FUNDS TO IMPROVE PUBLIC SHORELINES AND WATER QUALITY IN INDIAN RIVER LAGOON AND ITS TRIBUTARIES

Jim Egan, Executive Director of the Marine Resources Council (MRC), presented copies of the Council's proposal to the State to improve water quality in the Indian River Lagoon; and advised of the dredging projects, muck removal problem, source material coming in, and the difficulty of approaching the problem because of the numerous landowners, unpaved streets, and poorly vegetated shorelines. He stated the MRC felt a reasonable way to do it was to harness the volunteers they have to help reduce the sediment and materials coming in; and they want to provide vegetation that would reduce erosion and provide habitat values at no cost or extremely low cost to the volunteers to plant along public shorelines, parks, and places where people want them. He stated the last two pages of the proposal are the money aspects; the project would cost $477,000 over two years, but they are only asking the State for $73,000; and the rest will be in-kind contributions and contributions from businesses at $35,000 each year. He stated EPA offered $120,000 for water quality analyses to determine what kind of benefits will result from the project; and MRC is contributing $106,000 which comes from a lot of public support. Mr. Egan advised the State requires a local government or agency to sponsor the project; it will provide the funds to the sponsor, which in turn will provide it to MRC; MRC will do all the billing and work, and maintain responsibility; but a staff person of the sponsor will have to be assigned to the project and be available about an hour once a month to review the receipts and billings, which would indirectly be a cost to the agency or County. He stated he had planned to have St. Johns River Water Management District as a sponsor; however, he was warned that the reimbursement could take a year; and that would be tough on MRC because it does not have a lot of operating capital. He inquired if the Board is interested in supporting the project, and if it would sponsor it at no cost except indirect cost for a staff person.

Chairman Higgs inquired when is the proposal due; with Mr. Egan responding it is already with the State and is being held up for the sponsorship. He stated it could have been rejected, but the State liked it because it gets citizens involved and has local business support. He stated he advised the State he was coming to this meeting to ask the Board to sponsor the project; and the State agency said it would wait until after this date to make a decision. He noted if the Board sponsors it, the State would make it a poster child for projects; and if it does not, MRC will probably not get the funding.

Commissioner O'Brien stated he has not had time to look at the proposal; and one line says no funding necessary and another line is requesting funding; with Mr. Egan responding it is requesting funding from the State and not the County. Commissioner O'Brien stated a sentence states, "In addition to water quality benefits, a healthy vegetative fringe would greatly assist in the long-term stability of the shoreline which benefits the real estate value"; however, sometimes planting mangroves along the waterway does not enhance but takes away from real estate value because they cannot cut it down and it could block their view. Mr. Egan advised Department of Environmental Protection said if people voluntarily plant mangroves, they are not held to those requirements as long as they document it; and MRC plans to target places that are public sites, and provide free vegetation to citizens and warn them about mangrove restrictions.

Discussion ensued at length of different scenarios regarding planting of mangroves, value of mangroves, and a contract with MRC if the Board decides to sponsor the project.

Commissioner O'Brien stated he presumes it is a good proposal, but he did not have time to read it and decide whether he wants to support it or not; and since there are questions that need answers, he cannot support it. Mr. Egan stated if the proposal was to the Board, he could understand, but it is to the State, and the Board would have little or no responsibility; and reiterated previous comments on sponsorship.

Assistant County Manager Stephen Peffer inquired if it is a reimbursable grant, and the County would have to front the money then be reimbursed by the State after the paperwork is verified; with Mr. Egan responding no, MRC would pay for everything and would present the County with the receipts and bills to be reviewed then sent to the State; and the State would validate those and send a check to the County. He stated the agreement between the Board and MRC should make it clear that MRC is taking all the responsibility.

Commissioner Scarborough advised for the use of staff time, the County can tap into resources of people and monies; it would benefit the lagoon and be a win/win situation; and for minimal resources, it would multiply the benefits, so he will move to approve it.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize sponsoring the Marine Resources Council project to improve public shorelines and water quality in the Indian River Lagoon and its tributaries, contingent on an acceptable Agreement with MRC.

Commissioner Voltz inquired about the legalities of removing mangroves that people plant; with County Attorney Scott Knox responding it would be difficult to prove which mangroves were not planted by citizens. Chairman Higgs recommended the agreement clarify how people will be informed of the status of their plantings and the legal implications. Commissioner Carlson suggested Mr. Peffer get language from Department of Environmental Protection clarifying that issue and send a report to the Board.

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

Chairman Higgs instructed staff to work with Mr. Egan on an agreement and bring it back to the Board.

DISCUSSION, RE: DONATION OF PROPERTY FOR CIVIL COURTHOUSE

Attorney Phil Nohrr advised if there is a desire on the County's part, Mr. Nance has an opportunity to acquire land on the northern part of Melbourne on Babcock Street for a satellite courthouse facility; however, they are in a time crunch. He stated he understands the County is considering a study to determine if it is something it should go forward with; and requested the study be advanced to fit the time frame of their decision whether or not to acquire the property. He stated the property owners indicated they would give Mr. Nance some flexibility under the existing Contract, but it would cost a significant amount of money if they do not acquire the property. Mr. Nohrr advised they are talking about a time period of 120 days within which they have to make a decision on whether to purchase the property or not; he does not know where the County is with the study; he talked to the County Manager and others and knows there is an interest in pursuing a study; and inquired if there is a way they can work within the time frames to get the study done prior to their decision. He stated Mr. Nance is present if the Board has any questions of him; and it is potentially an exciting development for the community if there is an interest on the County's part.

Chairman Higgs thanked Mr. Nance for the generous offer and for being at the meeting. She stated the Board needs to consider it in a careful manner and be aware of the time frame, but it appreciates the generous offer.

Commissioner Scarborough inquired if Mr. Nohrr received a copy of Judge Silvernail's letter; with Mr. Nohrr responding no. County Manager Tom Jenkins provided a copy to Mr. Nohrr. Commissioner Scarborough stated items that need to be addressed are the economics of building on Babcock Street or in Palm Bay as opposed to adding to Viera, long-term economics of maintenance and security, convenience of community to multi-facility location, impact a new facility would have on the Babcock Street corridor or Palm Bay community, and actual projected need for facility expansion given population case numbers, number of new judges, and expansion of non-judicial alternative dispute resolutions. He stated the Board discussed where criminal court should be, where civil court should be, and where County court should be; it appears there are three options, the Palm Bay site, expansion of Viera, and this offer from Mr. Nance; and inquired to what extent can information come back on the items within Mr. Nohrr's time frame; with Mr. Jenkins responding he and Court Administrator Mark Van Bever could work in conjunction with the consultant and probably expedite that process. He stated there may be basic work such as gathering information which they can do, and give it to the consultant who has the data in terms of how systems best work. Mr. Jenkins inquired how much time do they have; with Mr. Nohrr responding the owners indicated a willingness to go to July 22, 2000; however, they are just oral conversations with the seller's representative.

Chairman Higgs stated the Board would need the study by July 1, 2000. Mr. Jenkins indicated they would try to get it done sooner. Chairman Higgs inquired if there will be input from the judges and Bar Association; with Mr. Jenkins responding from both, as the Chief Judge has scheduled a meeting with the Bar Association.

Commissioner Voltz stated the black folder included quite a few letters from attorneys in the area who support the project, so the Bar will be more than willing to comply with their desires. She stated the Board should get involved in it; it is not only a good deal for the County, but for the City of Melbourne and the area where it could go because it is a redevelopment area; it would do wonders for the U.S. 1 corridor and Babcock Street; so it is a good thing that Mr. Nance is offering to the County. She recommended that component be added in the analysis of a multi-year plan, because the Board should not move forward if the study comes back showing it does not need more court space. Chairman Higgs stated #5 talks about projected need for facilities, the expansion of the population, case numbers, new judges, etc.; and that would document what the short-term and long-term needs will be. Commissioner Voltz advised Mr. Nance requested he or his appointee be involved with a study to look at who is going to do what; so if the Board puts a group together to look at proposals, he would like to be involved. Chairman Higgs stated that is the architectural aspect. Mr. Nohrr commented that would be the next phase, and Mr. Nance has a strong interest to get to that phase.

Commissioner O'Brien advised there were many letters from attorneys, most with offices in Melbourne, supporting a courthouse in Melbourne, and stating the Harry T. and Harriette V. Moore Justice Center is inconvenient, poorly designed, and inadequate. He read excerpts from several of the letters.

Chairman Higgs advised the numbers of people who live south of Pineda Causeway clearly indicate the growth in the County; and while she was not supportive of the Viera site, she has to defend the design which assumed certain things such as sharing space and utilization. She stated it has not worked the way people thought it would, but there are more judges than anticipated; so a number of things need to be considered, including where the population is.

Commissioner Carlson advised in terms of consolidating and centralizing support functions like the Government Center, it was a good idea; Commissioner Voltz has similar supportive functions which are very convenient to her area; but when it comes to working with the community, and since she sat in a courtroom for a spell or two and talked to some of the judges, it seems to her that a courthouse needs to be closer to the community; so decentralization is a much better way to handle that. She stated she supports what the Chief Judge put in his memorandum of February 7, 2000, especially #3 which is convenience to the community; and video conferencing like they are doing at the jail should be considered to allow judges to have a longer rein as far as conveniences.

Commissioner O'Brien stated if the Board has to build another courthouse, it should be closer to the public; the Viera Courthouse is in the middle of nowhere, and so is the Government Center; he advised Judge Silvernail that people who live in poor areas and do not own cars cannot drive to Viera, and asked if the Judges could consider holding court hearings at the Salvation Army headquarters in Cocoa, which is close to those neighborhoods; however, he has not received a response to that. He stated he cannot support the Melbourne courthouse today and wants to see more studies that prove it is viable; he agrees the court system has to reach beyond Viera and into neighborhoods where people can have access to the courts; he wants to look at the problem globally rather than look at an offer of a building just for Melbourne; and there must be other solutions for people who are more adversely affected.

Chairman Higgs stated Judge Silvernail said to look at a comprehensive study of what is needed and where it is needed for the most efficient system; and today the Board is only considering a study and highlighting the donation from Mr. Nance and how it would fit. Commissioner Scarborough stated there are studies for the Viera site and a lot of support from attorneys for it, so to say it was ill-advised is not true.

Commissioner Voltz stated the Board does not know what its needs will be; technology may allow smaller judicial systems in smaller places; she talked to a judge and mentioned a traffic court in Palm Bay; and recommended the Board not discard the potential Palm Bay courthouse issue even though there is no hurry on it.

Mr. Jenkins requested authorization to issue a purchase order to National Center of State Courts to do a study, and he and Mr. Van Bever will help with certain phases. Commissioner Voltz inquired if it is for Phase 1; with Mr. Jenkins responding it is for a combination of Phases 1 and 2.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Manager to issue a purchase order to the National Center of State Courts to analyze the judicial space needs and make recommendations with the assistance of the County Manager and Court Administrator, within the time frame required for Mr. Nance to decide on the acquisition of property in Melbourne for a civil courthouse, and approve funding the study from the General Fund Contingency.

Mr. Jenkins advised half a million dollars a year will be available beginning next year; it was committed this year; but it will be available for bonding next year. He stated it will still cause an additional impact on the General Fund for operation and maintenance of the building.

Commissioner O'Brien stated he will support the motion to do a study to include complete review of the studies done for the Viera site also. He stated the Water Board did that and found 11 old studies, combined them all and found that Brevard County does not have a water supply problem, so the Board should not ignore the study for the Viera Courthouse.

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

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to express sincere appreciation to Mr. Nance for his contribution to the community. Motion carried and ordered unanimously.

Chairman Higgs advised the public hearing to consider an ordinance granting economic ad valorem tax exemption for Lockheed Martin Astronautics Atlas V EELV Program was postponed so that the representatives of the Company could make a presentation.

Jeff Trone, Director of Real Estate, Properties Division of Lockheed Martin Treasury, advised they have approximately seven launches planned within the next six months; but unfortunately, no one hears about the 99 perfect launches, and only the one that has a problem is picked up by the Press. He stated Adrian Laffitte and Steve Skladanek will give the Board a short presentation on the technical nature of the program; and requested an opportunity to discuss why they believe it should be granted ad valorem tax exemption.

Steve Skladanek, Atlas V Program Integration Lead at the Cape, advised Lockheed Martin is trying to make the Atlas V Program cost effective and competitive; and explained slides depicting pictures of the entire family of launch vehicle products, from the small launch vehicles that launch small experimental packages into sub-orbital trajectories to the Titan vehicle they fly today for the Air Force and the series of Atlas rockets. He stated the Atlas has been flying since 1959; today they fly the Atlas II which has been flying since 1991; next month they hope to fly the next generation of rockets, the Atlas III; and next year they hope to launch the Atlas V. He explained the capabilities of the rockets from the Atlas IIA and its geo-transfer orbit capacity to the new Atlas V HLV; and stated they are trying to address the higher spectrum of capacities with the new line of rockets. He stated it will be available to all their commercial customers as well as the government; it is a dual-use program; and one of the major drivers for creating the new family of rockets is the cost. He stated from a global standpoint, international purchases are forcing Lockheed Martin to reduce its overall cost of sending satellites into orbit; and as they get smarter and implement cost-reduction techniques in developing, designing, and launching the rockets, the overall cost per pound to orbit is going to be reduced. Mr. Skladanek advised they are a conservative lot in the aerospace business; they do not like to create new things, so they took bits and pieces, which they understood well, from previous rockets and improved upon them to create the next generation of rockets; so most of the components that will be flying on the Atlas V have been tested on previous versions of the rocket. He noted the new engine will have flown on the Atlas III before the launch of Atlas V; much of the avionics and new electronics will have been tested on the Atlas III first; so they are using a conservative approach intended to be cost effective by testing various components on the Atlas III to insure the rocket will work and will not have to go through a huge test program. He explained the various components either in production, design, or test today; and advised they are on schedule for their first flight of the Atlas V.

Chairman Higgs advised Mr. Skladanek's time is almost over; and inquired if the Board wants to hear the entire presentation; with Commissioner Scarborough responding Lockheed Martin is making almost one-third of a billion dollar improvement to the Space Center; so the community needs to know about it.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize additional time for Mr. Skladanek to finish his presentation. Motion carried and ordered unanimously.

Mr. Skladanek advised they are looking at a site at Cape Canaveral Air Force Station, which is now Air Force Station, at the north end designated LC-41 or Launch Complex 41; explained a slide of an aerial view of the Cape area; and stated the current Atlas vehicles are flying from LC-36. He explained a slide of the various facilities they will use in support of the Atlas V Program, identifying the Atlas V Space Flight Operations Center which will house office space for engineering and administration, the receiving and storage area for various components, the center for launch control, and their computers where the launch team will conduct launch operations. He identified the Payload Processing Facility; advised they will use the services of Astrotech in Titusville which is currently in design phase of a new building; the spacecraft will come to the facility for its final preparation; and Lockheed Martin will place the satellite in the payload in the facility, and bring the whole encapsulated assembly to the Vertical Integration Facility (VIF), which is a new construction at the Cape. He noted their tower and Boeing's tower are well along in the construction process; their tower is 280 plus feet and where they will do the complete vehicle assembly erection and testing; the rocket will be assembled on a mobile transporter, and after it is completely tested will be rolled out to the LC. He explained an artist's rendition of the VIF, and reiterated what will take place in the VIF. He explained an artist's rendition of the launch pad, noting no launch towers around the rocket. Mr. Skladanek stated as part of their emphasis of making it a cost-effective program, they implemented the concept called "clean pad"; there are no tall access buildings; and all the vehicle access is in the VIF which is a more controlled environment and not subject to the effects of launch blasts and recurring maintenance efforts which will help reduce the life-cycle costs involved with maintaining a launch pad. He stated they are also utilizing the exact same design for the facility as they are for the West Coast facility which reduces the life-cycle costs and keeps the overall costs of the program down. He stated the lowest cost is absolutely essential to maintain competitiveness in the global environment; historically all vehicle and facility development costs have been borne primarily by the United States government; but in this new commercial arena that is not the case, and the corporation is solely responsible for all development, vehicle, and operating costs. He stated things like property taxes were not applicable on previous programs because all the property was owned by the United States Department of Defense; now it is bearing additional costs it had not seen before; they want to be under the global market in keeping the overall costs as low as possible; so the abatement of ad valorem taxes will help reduce the cost of conducting space operations in Florida which is where Lockheed Martin would like to maintain its business. He noted the corporation is not here to lose money, and it cannot maintain competitiveness with the global market if it cannot keep the costs down.

Commissioner Carlson inquired, assuming the Atlas Program is a positive thing and very successful, how does that position Brevard County globally in terms of the competitive time line being presented; with Mr. Skladanek responding it should blend very well in terms of the time line. Mr. Skladanek advised the Ariane V series and the largest Atlas rocket will compete head-to-head; they need to make sure the pricing structure is also very competitive; the Ariane had early problems in its development program and is still recovering from that; and the first version of Lockheed Martin's rockets are still timely enough that they would compete very favorably with the Ariane which they view to be their biggest competitor.

Commissioner O'Brien advised the summit held at Kennedy Space Center revealed that more than 80% of all satellites built in the world are built in the United States; however, only 48% are launched in the United States because of a lack of launching facilities in the commercial launch program. He stated Brevard County has probably the highest skilled labor market for that industry; the Board would like to keep it here; and the future of Brevard County rests upon companies like Lockheed Martin getting stronger rather than weaker. Mr. Skladanek commented they would like to stay in Brevard County. Commissioner O'Brien stated the Board would like to keep them here because it has a whole generation of people who work at the Space Center; it has watched years of layoffs; and for the first time in a long time they recently hired about 150 people back; so he would like to move approval of the ordinance.

Mr. Trone advised Lockheed Martin came here as the Glen I. Martin Corporation and Lockheed Company about 50 years ago; they had a unique synergy with the State; and they have about 140 buildings and offices, and employ about 17,000 people at almost double the average wage. He stated the Space Launch Industry was basically a government industry where Lockheed Martin acted as a service contractor; the government built the launch pads, and they launched principally government rockets; but this generation of rockets, in order to be profitable, must have three commercial launches for each government launch. He noted this is the first generation of rockets which relies on commercial launches. He stated profit is one reason for the request for ad valorem tax exemption; and the other reason is the applicability of the tax. Mr. Trone advised ad valorem taxes were set up for the County to pay for services required for its citizens in relation to the impact provided by a business; in their case, they are on government land and provide their own fire control and police security, and cause very little impact on the County; there will not be an influx of students in the schools; they will provide a technical base for the community; so from the perspective of the applicability of the tax, it would seem there is no impact to the County and no significant increase in costs to the County. He stated they are putting in $325 million into a private launch pad which they will have to amortize over the course of their launches; that, along with other investments they made in the industry, has dropped their bond ratings from AAA to BBB-; they are taking a significant risk, as perceived by the New York markets; so they are asking the Board's help to continue synergy between Lockheed Martin and government.

Commissioner Carlson inquired about the time frame projected for making the program profitable; with Mr. Trone responding each launch is amortized, so if they make their goal each launch will be profitable. Adrian Laffitte, Atlas Program Director at the Cape, advised in order for Lockheed Martin to be profitable, it needs to have at least eight launches every year; and that is their goal. Commissioner Carlson inquired when will that projection occur; with Mr. Laffitte responding this year they are launching 11 rockets; their marketing people are targeting to have a minimum of eight and up to 12 per year; and that is their current baseline.

Commissioner Scarborough stated anybody listening to the presentation should understand the posture Lockheed Martin is in; rather than coming here and having the federal government build the facilities, it elected to come here and redo facilities at one-third of a billion dollars and take risks that have impacted its bond rating; and on behalf of the people of Brevard County, the Board needs to thank them for believing in Brevard County and tell them Brevard County believes in them. Mr. Trone stated they like being here and are excited about the project.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance granting an economic development ad valorem exemption to Lockheed Martin Astronautics Atlas V EELV Program located at Cape Canaveral Air Force Station; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statute 196.012; providing for proof of eligibility for exemption; providing for an annual report by Lockheed Martin Astronautics Atlas V EELV Program; providing an effective date.

Chairman Higgs advised she will support the motion because it is unique in its location and structure of how it is going about its business; the facilities will become the government's in 20 years; so it is different from others the Board has seen.

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

The meeting recessed at 10:47 a.m., and reconvened at 11:00 a.m.

DISCUSSION, RE: OBJECTIONS TO PALM BAY PROPOSED ANNEXATION, COMPREHENSIVE PLAN AMENDMENTS, AND ZONING REQUEST

Curt Lorenc, President of Valkaria Homeowners Association, advised annexation tends to be a problem all over the County; they are facing it in Valkaria; Port St. John is afraid of Titusville; and there are many other areas concerned about it. He stated in reviewing the Florida Statutes regarding annexation, he found that charter counties can make their own annexation rules which can differ from State regulations; and urged the Board to look into that to see if it is possible to correct some of the annexation problems it is having today. He stated it would take a four-to-one vote of the Board to amend the Charter so it can be put on the ballot and let the citizens of Brevard County vote on it; and requested the County Attorney look into it. Mr. Lorenc stated presently they are dealing with a problem where Palm Bay wants to annex a portion of Valkaria and rezone it for commercial use in rural residential areas which is incompatible; he was told they are looking to annex all the property between Babcock Street and I-95; the water and sewer maps show the water lines run all the way to Grant Road and are positioned to run across Grant Road if the City chooses to do that; and many of the residents are worried about whether or not the services will be run down Valkaria Road and Grant Road.

Janis Walters, President of Valkaria Neighborhood Association, and representing the membership and hundreds of people in Palm Bay who have petitioned Palm Bay not to go forward with the annexation and rezoning, stated the residents of Valkaria, Grant, and Southeast Palm Bay are deeply concerned about the prospects that were opened up by the Palm Bay decision to annex a residential parcel which has been rezoned to commercial, and the impending annexation of another 20 acres, especially in light of comments made by members of Palm Bay City Council, the Chamber of Commerce, and Mayor Ed Geier who stated he was elected on a platform of annexation and rezoning. She noted Councilman Hank Simon said he believes the "natural boundary" between Palm Bay and the County land is I-95; a prominent Chamber of Commerce member David Moallem said the land between Babcock Street and I-95 should be annexed and designated for industrial and commercial use; and she believes it is no coincidence that the first lot approved for annexation belonged to the President of the Chamber of Commerce. Ms. Walters stated they were very disappointed that 373 petition signatures, numerous letters and faxes, and a room full of people mostly from Palm Bay were dismissed as insignificant; they were told anyone who lives on a road with enough right-of-way to be four lanes wide should know better than to expect it to remain residential regardless of what any comprehensive plan may say since comprehensive plans are amended all the time. She stated one of the City's arguments for the annexation and rezoning of the corner properties at Valkaria Road and Babcock Street is that commercialization along Babcock Street is inevitable; their justification is the claim that Babcock Street is a main artery; Babcock Street goes to Fellsmere; and no offense to that charming community, but it is not a major employer and is not Disney World. She stated most people who use Babcock Street commute to and from work and do their shopping on their way home in existing commercial areas; they combine their trips in that way because they choose to live away from commercial areas; and the only thing that is inevitable is that land speculators anxious to make another buck will try to convince cash hungry City Councilmen that quantity matters more than quality. Ms. Walters advised another argument is since the property to be annexed is not in Palm Bay yet, its Comprehensive Plan does not apply; therefore, the City Council is justified in rezoning it to whatever it pleases; by the time the annexation is completed, the zoning will have been determined and the City's Comprehensive Plan will have to be changed to suit it; and the whole thing seems rather self-serving and designed to thwart the very purpose of the State's Comprehensive Plan initiative. She stated all of that leaves the people with no defense against the rapacious City Council; and requested the Board, in addition to what it may do, research the intent of Florida Statutes, Section 171.004(4), and work on a Charter amendment that may allow Brevard County some say in the matter of voluntary annexations and some means of protecting the citizens of the unincorporated areas from greedy land speculators and the whims of neighboring municipalities. She requested the Board send a representative to the Palm Bay hearings to make the County's official position clear to the City Council.

Attorney Richard Torpy, representing the developer who is seeking annexation into the City of Palm Bay, stated he realizes it is a significant issue to the residents, especially in the Valkaria community; and his purpose is to explain their position because they have been caught in the fray of the City of Palm Bay and Valkaria's homeowners groups. He stated the developer has a contract to purchase the 20 acres on the NE corner of Babcock and Valkaria; his client chose that area because there is existing commercial zoning and a large tract of commercial zoned land on Valkaria Road; and the issue is across the street where there are 12,500 homes within two miles of the parcel. He stated that corridor represents 37% of the building permits for residences within the City of Palm Bay and 30% of the growth in the last 15 years; that section of Palm Bay is one of the fastest growing areas; and it is going to need services. He stated he will not present all the information about traffic impact, etc. although it is significant; most residents use Babcock Street to shop for groceries, or Malabar Road which is west of I-95, or further north on Babcock Street by Palm Bay Road where there are other shopping facilities; and that is where those people have to make their trips. He stated shopping centers do not create trips, they attract trips; houses create trips; and those people need a place to shop for their daily needs. Mr. Torpy advised his client believes it is an area that is in need of a shopping center right now; they understand the residents of Valkaria are somewhat unique and do what most people do not do; being close to shopping and schools was not an issue to them when they moved there; and they wanted the acreage and those types of things. He stated Valkaria has been the subject of conversation regarding growth and non-growth for as long as he has been in Brevard County; not long ago there was great discussion whether or not to put a bridge going from Valkaria to the beaches or Malabar Road to the beaches; so it has been a hotly discussed issue for years. He stated Valkaria Airport is there; the County has a golf course there; there has been tremendous residential growth in the last ten years with several new subdivisions; so it is not the kind of area like further south where there is no growth or west in Holopaw. He stated it has already experienced a tremendous amount of growth; and his client believes the corner of Babcock Street and Valkaria Road is not suited for residential, and plans a nice attractive shopping center that will serve the needs of the people in that area and at the same time decrease trips north to other shopping areas. Mr. Torpy stated he knows the Board has no vote on the issue; it is a Palm Bay issue; they asked Palm Bay to annex the property primarily because it has water, utilities, and a police force, and would be more able to provide services they need; the City did not come to his client, his client hired him to file an application for annexation into the City; and unless the Board can offer something to his client to help what they are looking to do, he requests the Board support the project or at least not stand in the way of it. He stated he knows the County wants to engage the City in discussions of how to develop that corridor; they welcome that; but he does not want his client caught up in the fray because it has brought to a head the issues of the development of Babcock Street in that area.

Del Yonts advised Mr. Torpy said they need the shopping for the residents of Valkaria to be able to go there; the way Palm Bay was platted, there are a lot of commercial spaces not being used in the City; they asked City Council why it does not use its own commercial property instead of annexing something in and turning it commercial; and if the City wants to annex it, it has the right to do that, but it should not change the property to commercial and should leave it rural residential. He stated there are enough shopping areas there; they drive to shopping if they live in Valkaria; at the City Council meeting there were three or four people who spoke in favor of the annexation; and the remaining people spoke for over 2-1/2 hours against it, with only a few from Valkaria and most from Palm Bay across Babcock Street. He stated they talked to most of the residents who live there and they do not want the shopping center; so the City Council is not listening to its own people. He noted he read that a County Commissioner said it should be approved because the City needs the tax money; he does not know why the tax money cannot stay in the County; and if the County Commission's job is to represent the County, it should keep that revenue in the County and not give it to the City. He stated if they cannot separate that, then they need to look at a conflict of interest. Mr. Yonts stated he does not understand how the County can put together a Comprehensive Plan and someone can annex the property and ignore what was done by the County's Comprehensive Plan, because to him it is a promise between the State and residents of the County.

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

Commissioner Higgs recommended the Board take a position to advise the Palm Bay City Council that it is not supportive of the annexation and ask staff to represent the Board at the annexation hearings and Comprehensive Plan and zoning hearings. She stated none of the changes proposed are consistent with the County's Comprehensive Plan; the Board denied the rezoning in recent years at that location; and the proposal of a large shopping center mixed use district is inconsistent with the County's Comprehensive Plan and surrounding area which are residential single-family and agriculture on both sides of Babcock Street. She stated within two miles of the location to the south are two 15-acre parcels at the corner of Grant Road in the community of Palm Bay which are zoned for commercial; 2-1/2 miles from the location is a large commercial area in Bayside Lakes where the County owns property; there is existing commercial within three miles at San Filippo and Malabar; and there is a major shopping area on Babcock Street and Malabar Road. Commissioner Higgs stated Palm Bay has a difficult situation to deal with; it has been dealt a difficult hand with 70,000 residential lots all of similar nature; and it needs to capture the trips internally of those 70,000 residential lots which will build out to 200,000 plus residents in coming years. She stated those trips need to be captured internally because the roads will not be ready to handle them; and that means developing commercial on the interior of the City. She stated this situation is an example of what has happened in many communities; they moved outside of the urban boundaries to areas on the outskirts and built commercial along major corridors and impacted the roads requiring new roads to be built; and in this case, the Board has an opportunity to request the City capture trips internally and build internally. She stated she is sympathetic to the needs of Council to generate revenue from commercial properties; there is need for additional commercial, but it is already available in some of the areas of Palm Bay; so there is an ability to do that. She stated by the year 2020 Babcock Street is going to be taxed; if commercial development continues to move outside, Babcock Street will have a proliferation of commercial and negative impact on existing commercial; and those commercial areas that exist today will decrease in value and increase in vacancy rate. Commissioner Higgs advised it is her understanding that the 40-acre tract on Valkaria Road that Mr. Torpy mentioned is no longer commercial and was donated to the County for preservation. Planner II Todd Corwin advised there was a 40-acre mixed use district at Valkaria Road which was removed as part of the Valkaria Small Area Study and is now designated residential in the Comprehensive Plan. Commissioner Higgs stated she believes it was donated to the County for preservation, but staff would need to check on that. She stated she does not want to be non-supportive of the citizens of Palm Bay and Valkaria; but the long-term health of Palm Bay is not served by this decision; so her intent is to make a motion to ask the Board to take a position.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize staff to advise the City Council of Palm Bay that the Board is not supportive of the annexations of parcels located at the NE and SE corners of Babcock Street and Valkaria Road, and to represent the Board at the annexation, Comprehensive Plan, and zoning hearings.

Commissioner Voltz requested the County Attorney address the issues of the Charter and annexation in general as far as the County is concerned.

County Attorney Scott Knox advised the subsection referred to by Mr. Lorenc seems to indicate if the County had a Charter provision that provided the exclusive method for annexation, then the provisions of Section 171.044 would be superseded by that Charter provision; however, Brevard County does not have such a provision in its Charter, so it is an academic point at this time. He stated there is a provision in the general annexation law that preempts any other special law, general law, or municipal charter that deals with the subject of annexation; and it is an interesting conflict, but he is not sure what it means. He stated the Charter provision would prevail with voluntary annexation if the Charter had that provision; and in terms of overall annexation, cities generally have the ability to annex and counties have standing to protest those annexations if they choose, particularly if Comprehensive Plan issues are implicated and inconsistencies with the Comprehensive Plan exist. Mr. Knox stated if the Board decides to protest the annexation by the City of Palm Bay, he would like to know which staff it is referring to because there is a process that allows the County to become involved in an administrative challenge if it wants to go that far.

Commissioner Voltz presented a list of annexations over the past several years of lots all over the County; and stated there were no lots in Palm Bay, but now that Palm Bay has decided to do an annexation, everybody is upset about it. She stated Commissioner Higgs mentioned a lot of things that the City should be doing, but it is not the Board's responsibility to tell Palm Bay how to manage its city. She stated Palm Bay has its own Comprehensive Plan and feels the annexation is in line with its Comprehensive Plan; it is not a Palm Bay driven issue, but a private person who wants to annex into the City; and inquired why is the Board looking to punish the person requesting the annexation. She stated the Board has approved or acknowledged annexations many times on the Consent Agenda and nothing was ever done about it; but when someone asks the City of Palm Bay to be annexed into the City, the Board has a fit about it; and it is not the Board's responsibility to do that. Commissioner Voltz recommended the County Attorney look at the court case of Martin County v. City of Stuart; Stuart annexed 1,200 acres and was taken to court by Martin County and the County lost; so that says the cities have every right to annex property, and the Board should not be getting into a battle over this issue. She stated she will not support the motion; it is Palm Bay's responsibility to take care of its issues; and it is not the Board's responsibility to tell it how to do that and when to do it.

Commissioner Carlson advised the Board passed many annexations without any real public outcry, but over 300 individuals who signed petitions should be considered; it may be looked upon as being a Palm Bay problem, and Palm Bay City Council should listen to them and consider their wishes; but they are County residents also; so the Board has to consider that. She stated what Commissioner Higgs said is exactly what she has been talking about in terms of smart growth and bringing trips internally; and this is an opportunity for Palm Bay to look at its future land use maps and maybe administratively rezone some of the 70,000 residential lots to commercial so it can get revenue and contain trips and not have urban sprawl problems like other areas of the State as well as in Brevard County. Commissioner Voltz stated that may be right, but it is still a Palm Bay issue. Commissioner Carlson stated she does not disagree with that, and the 300 people who are complaining should be at the City Council hearings, but they are County residents also, so the Board needs to listen to them and provide some input.

Commissioner Scarborough stated he would have preferred to have seen staff's position and be able to ask questions on this issue before deciding on some action, but that is not going to be; however, with the annexations in Titusville, he never received any comment or calls in opposition. He stated the first annexation was at the County's request to provide service to the park on the road to Playalinda Beach; the Sheriff's Department found it inconvenient and cumbersome to police it; and by having it annexed, the Titusville police provided protection against vandalism and reduced the cost to the County. He noted not every annexation starts and ends the same way; and all the annexations in the Titusville area were without objections.

Commissioner Higgs stated Palm Bay's problems are not only Palm Bay's problems; each city has unique problems, and the County should be in partnership with them to try and solve the problems; Palm Bay has a difficult situation to deal with because of the nature of the community; and those problems will affect the County's schools, roads, and growth, so the Board needs to be in partnership with the City to help solve the problems. She stated when the Board talked about the local option gas tax, her argument was to get money for planning to help deal with some of those issues; the problems that are in Brevard County, whether in the unincorporated or incorporated areas, are problems all local governments must deal with; and if any government thinks it can isolate the problems, it is fooling itself. Commissioner Higgs stated beyond the County's barriers, people pay billions of federal and State taxes to fix problems created in the Everglades, roads across the United States, etc.; the problems do not isolate themselves in a city or county; so all governments need to be a part of the solution. She stated her first effort was to enter into a joint planning agreement with the City of Palm Bay on this issue; and although the Council is willing to do that, it does not want to do it before this annexation.

Commissioner Voltz stated if a letter is going to be sent to the City of Palm Bay, she wants it to contain her nay vote.

Vice Chairman O'Brien inquired if that can be included in the motion; with Commissioner Higgs accepting the inclusion. Vice Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

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

Chairman Higgs advised County Attorney Scott Knox asked the question regarding what staff would be involved; and instructed the County Manager to determine the appropriate coordination with the County Attorney's Office as to how the Board should be represented at those meetings.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner Scarborough advised East Central Florida Regional Planning Council requested payment for 15 months instead of 12 months; and inquired what is going on with the fees, and what does the Board want to do. Chairman Higgs recommended the County get up to date on its payments; and if it is paying on a quarterly basis, perhaps it could pay for the full year and three months it may be in arrears. Commissioner Scarborough read the letter from the Planning Council, stating, "Please note we have changed our fiscal year to begin October 1, 2000 to coincide with local counties, and furthermore, we have a balance of 15 months of service and only 12 months of income." He stated the Council wants 15 months of payments; and inquired if the statement can be held until he knows where the County is going with the Planning Council.

Commissioner Carlson inquired what is Brevard County getting for the fees; with Commissioner Scarborough responding some counties were not paying and got into disagreements with the Council; and Brevard County has been paying quarterly, so the Council is upset with Brevard County as well. He stated the Board asked the Council what it was doing for Brevard County; and he wants a clear definition of where Brevard County stands with its payments and why the balance is 15 months, it the Council is asking other counties for 15 months, or does it include three months in arrears. Chairman Higgs stated the Board should get up to date on payment of its fees; and inquired if Commissioner Scarborough would agree to pay what is owed to get up to date. Commissioner Scarborough stated his problem is getting up to date with 15 months and what that means. Chairman Higgs stated the Board's original policy is to pay quarterly, so it should get up to date with the quarterly payments. Commissioner Scarborough stated if the Board approves the statement, it would be picking up what it may be in arrears and 12 months in advance; the cost is $107,000; and he would like to confirm that it goes through September 30, 2000, and to make inquiries about it. Chairman Higgs recommended the Board not pay the statement, but make the quarterly payment to get up to date; with Commissioner Scarborough stating he does not have a problem with bringing the payment current.

Commissioner O'Brien advised they had a summit with other county commissioners where he spoke to commissioners from Orange and Volusia Counties; and they both said the same thing, they are not paying any more to the East Central Florida Regional Planning Council because it is a waste of time for all the parties involved. He stated staff should inquired if other counties have paid all their fees, and ensure that they have; and there is a question whether it is a legitimate expense, especially the amount of the fees of $107,000 for Brevard County, $275,000 for Orange County, etc. He stated several million dollars are being spent for a product that may or may not be delivered or worth that much money to the taxpayers; and he questions if there is a true monetary value to Brevard County for $107,000. Chairman Higgs stated that is a reasonable question to ask; she serves on the East Central Florida Regional Planning Council with Commissioner Scarborough; as long as the Board sends her there to attend the meetings, it should pay its fees; and if the Board chooses not to be a member, then it can deal with that issue. Commissioner Scarborough stated the Board is required to be a member, and the Council can sue it to make it pay. Chairman Higgs stated she also thinks it is a requirement; so the Board should be up to date in paying its dues and make sure it is in good standing and not in arrears; but if it does not want to pay ahead, she has no problem with that.

Commissioner Scarborough stated Jacob Stewart from the Orlando Chamber of Commerce, made a proposal to Orange County which came up with $400,000 to do a regional study, and said he was going to Osceola County to ask for $150,000; and if the Board pays the Council and gives Mr. Stewart funding, it could be paying twice for the same product. He explained what Mr. Stewart has done in the past and is proposing to do in the future; and stated if all the other Counties are buying in and Brevard County does not, it could be left out, so the Board needs to consider that. He stated regionalization is great, but the Board wants to be a part of the definition and has a responsibility to know what the County is getting for the fees. He explained several projects that came before the Planning Council and the actions taken by the Council; and stated there is potential that Jacob Stewart will be approaching the Board in the near future. Commissioner Voltz stated the Statute says the County has to do regional planning, but it does not say how it has to be done; and inquired if the Board has to belong to the East Central Florida Regional Planning Council. Commissioner Scarborough responded yes, but its job is not to just sit there; and it should never pay a contract until it gets what it wants so it will have the upper hand. Chairman Higgs stated the Board should pay unless it terminates the contract. Commissioner Scarborough stated the Board should pay what it owes.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Bills and Budget Changes, except the invoice from East Central Florida Regional Planning Council in the amount of $107,140; and approve payment to the Council through March, 2000. Motion carried and ordered unanimously.

Commissioner O'Brien stated he wants to know what Brevard County gets from the East Central Florida Regional Planning Council for its dollars. Commissioner Scarborough stated he does not want to hear what the Council will do for Brevard County, but wants to tell them what Brevard County wants. Chairman Higgs suggested Commissioner Scarborough bring it up on the Agenda for the next Council meeting. Commissioner Voltz stated the Florida Association of Counties should know that Brevard County feels it is throwing away its money because a number of other counties feel the same way.

APPROVAL, RE: LITIGATION AND MEDIATION COSTS FOR MURBE REHABILITATION PROJECT

County Manager Tom Jenkins advised staff provided a report to the Board as requested regarding the Murbe rehabilitation project; there is litigation by the contractor against the homeowner for the balance owed; and staff wants to defend the homeowner against the contractor, but not pay for the homeowner to litigate against the contractor. He stated if there is an ability to settle the matter without further payments to the contractor, then he would like to pursue that, because the total amount of the damages is small compared to the size of the project, and the County could spend that much or more on legal costs. He requested authorization to defend the homeowner against the lawsuit filed by the contractor.

Commissioner Voltz inquired why did the contractor file the lawsuit; with Mr. Jenkins responding he was paid approximately half of the original contract price when he was removed from the job; so the contractor may be seeking the balanced owed on the original contract. Commissioner Voltz inquired why the contractor is suing Ms. Murbe; with Mr. Jenkins responding the contract is between the homeowner and contractor even though the County pays; in this case the contractor was selected based on a low bid that was done by the County; since then the process has changed where the homeowner can have more say about who the contractor is; but because it was a low bid by the County, staff feels an obligation to assist Ms. Murbe in her defense. Commissioner Voltz stated she has been to Ms. Murbe's house and it was horrendous with rotten wood left on bathroom floors and walls; County inspectors inspected it and said it was okay when it was not okay; Ms. Murbe has been severely taken advantage of; and the County needs to help her. Mr. Jenkins advised they have another contractor correcting the problems; and the homeowner seems fairly satisfied with the quality of the work of the current contractor. Commissioner Voltz stated she has pictures to show what went on.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize payment of reasonable litigation and mediation costs related to the defense of Miriam Murbe in a construction claim generated by Karel Builders, with legal bills submitted to the County Attorney for review of reasonableness.

Chairman Higgs inquired if the County is placed in a different position if it pays the legal costs for the litigation, and is it authorized by Florida Statute to pay those kinds of costs; with County Attorney Scott Knox responding the only issue is the public purpose; the County is named party and cannot represent the lady because it has a potential conflict with her interest; but by defending her, it is defending the County's position. He stated if she prevails against the contractor, the County will not have to pay any kind of lien that she would otherwise be required to pay. Chairman Higgs stated she understands the County's responsibility but is reluctant to assume Ms. Murbe's legal costs because the County had no control over what she did since the money went to her. Commissioner Voltz stated the money did not go to Ms. Murbe.

Commissioner Scarborough stated he supports the motion because the County chose the contractor and did the inspections; Ms. Murbe has been inflicted by the fundamental decisions made for her by the County; and now she is being sued. He stated had she gone out on her own, it may have been different, so the County has a responsibility to protect her interest.

Chairman Higgs inquired if the current method of operating would give the money to her and she would pick and pay the contractor; with Mr. Jenkins responding she gets to pick the contractor under the current methodology. Commissioner Voltz stated no money is exchanged. Chairman Higgs inquired if the Contract is with the County and did Ms. Murbe pick the contractor; with Mr. Jenkins responding she accepted the low bidder. Mr. Jenkins reiterated in this case the County let the bid, picked the low bidder, and told the homeowner that is the contractor she would use for the project; but today the homeowner picks the contractor. Chairman Higgs inquired about a limit on the cost; with Mr. Jenkins responding the limitation is the County Attorney's review for reasonableness; and it is a defense of the litigation against Ms. Murbe and not to fund her legal costs if she chooses to litigate against the contractor. Mr. Jenkins stated the contractor asked to see him, and he does not know what he will say; however, if there is an opportunity to eliminate the litigation, it would be in the best interest of the County to do it. He noted if it can be done with no cost, it would benefit everyone.

Commissioner Carlson stated as described by staff during her briefing, the inspectors failed to capture the problems to begin with; a lot of the burden should be on the County; but if staff can resolve it in mediation at a lesser cost, the County should capitalize on that. She stated it should defend Ms. Murbe to save her home because it sounds like she could lose it. Mr. Jenkins stated Ms. Murbe will also have to cooperate with staff in that defense.

Chairman Higgs inquired if the County is going to pay the lawyer directly or give Ms. Murbe the money; with Mr. Jenkins responding the lawyer will submit a bill and Mr. Knox will review it for reasonableness; and Ms. Murbe has to cooperate with the County in this matter before the bill is processed for payment. Chairman Higgs inquired if Mr. Jenkins met with the contractor; with Mr. Jenkins responding staff met with him on numerous occasions; the contractor called to meet with him, but he does not know what he is going to say or ask at this point. Commissioner Voltz stated she has a meeting set up with the contractor also.

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

DISCUSSION, RE: H.E.A.R.T. PROPOSED LEGISLATION

Chairman Higgs advised she received five cards from H.E.A.R.T. representatives to speak on the item which the Board took no action on earlier in the meeting to await a response from the Sheriff.

Harold Koenig advised parents urge the Board to vote at this meeting to forward H.E.A.R.T.'s four remaining remedial action proposals to the Legislative Delegation, as the 2000 Legislature begins in a month and the Legislators need time to prepare. He stated three of the four issues were first proposed to the Board on July 20, 1999. He advised Item (4) is stop the use of young first-time nonviolent addict felony offenders as confidential informants, and stop giving addicts access to drugs; Item (5) is stop the civil court confiscation of automobiles of young first-time nonviolent addict felony offenders until their criminal cases have been adjudicated; Item (1) is to transfer 50% of net proceeds from drug-related confiscations and County jail telephone proceeds to the Brevard County Drug Treatment Trust Fund; and Item (8) is rescind the Governor's proposal to abolish existing State court rules regarding pretrial discovery statements in substance abuse cases, in effect stripping away legal rights of addicts under the banner of waging war against drugs. Mr. Koenig stated they previously set forth the overwhelming logic in support of each of the four proposals which are part of H.E.A.R.T.'s overall solution to substance abuse and mental illness disasters that not only has struck Brevard County, but is continuing to worsen. He stated the proposals involve fundamental policy changes and are not involved with personalities; parents are uniting to demand such changes; they cannot expect to solve the disasters by continuing the policies that do not work; and requested the Board send a clear message by voting for each of H.E.A.R.T.'s proposals. Mr. Koenig stated they regret the Sheriff's decision not to respond to the Board's request of January 25, 2000, as his deputy agreed; H.E.A.R.T. conclusively refuted the Sheriff's shocking assessment that their four proposals would cripple law enforcement; and on the contrary, those proposals are essential to the goal of saving lives, protecting the public interest, and restoring respect for law enforcement undertakings. He advised of his lectures at a local college and the erosion of confidence and respect for law enforcement heard there; and stated they need to change the flawed law enforcement policies, recognizing there are many fine dedicated personnel in law enforcement to build on. He stated they must restore respect and reliance on them to protect the people; and they cannot allow the sick young addicts and mentally-impaired persons to be made even sicker by the very people charged to protect them, place them in life-threatening situations such that they will forever fear for their lives. Mr. Koenig advised H.E.A.R.T. has informed State leaders in the Executive, Judicial, and Legislative branches of their proposed solutions to attack the demand for evil substances; and treating young first-time nonviolent offenders who are addicts or mentally impaired will not only save lives but will also reduce drug demand thereby reducing crime and helping to solve a major societal problem. He stated it will increase public safety, improve the quality of life, increase profitability of local businesses, and achieve massive cost savings of more than twelve times the cost of treatment. He urged the Board to encourage the Brevard Legislators to take the lead in Tallahassee to bring about this fantastic solution. He noted the Legislators have the muscle if they choose to use it to bring about needed funding and reform to the criminal justice system; they need the Board's encouragement; and pleaded with the Board to join them in saving children in the community from the continuing ravages of substance abuse and mental illness, and vote today to send each of the proposals to the Brevard Legislative Delegation.

David Barnhart, Lutheran Pastor, supported H.E.A.R.T.'s four remaining proposals and urged the Board to forward them to the Brevard Legislative Delegation. He stated H.E.A.R.T.'s primary objective is to move the County to treat young troubled addicts instead of incarcerating them; and to that end they are trying to rally governmental leaders, social agencies, and the religious community to support them. He stated he was at the meeting two weeks ago when the Board asked the Sheriff to come back with alternate proposals to his objections; the deputy said he would, but he is not here today; and H.E.A.R.T. has been here time and time again presenting the burdens not only of their own hearts but of the hearts of parents and young drug addicts. He stated it is time to go forward; and he does not believe the Sheriff's inactivity should be rewarded by no activity on the part of the Board. Pastor Barnhart stated the Board should say to the Sheriff when it comes to treatment of young people of this County, it likes their way of doing it better than his way of not doing it. He stated H.E.A.R.T. represents hundreds of people and will not go away; they will be back; and when they return they will have hundreds more. He urged the Board to send the proposals forward; and stated it will not cost the County any money to request the Legislators to consider what is the most important social issue facing the County, State and Nation. He stated they need to work together; there is no reason why the proposals cannot be moved forward as presented; and requested the Board's cooperation.

Freda Schildroth stated she and her husband support the H.E.A.R.T. legislative issues and are confused and disappointed that the deputy did not bring the Board the creative positive plan he promised he would bring two weeks ago. She stated they need to work together to find solutions to the problems; and requested the Board send the remaining proposals forward.

Commissioner Scarborough advised the Sheriff did comment at the last meeting with his thoughts on things; and perhaps the Board could send H.E.A.R.T.'s proposals and the Sheriff's suggestions to the Legislative Delegation without taking a position, so it would have the benefit of reviewing those proposals. He stated the Board does not instruct the Legislative Delegation as the members are independently elected and responsible to the people; but it can send information for the Delegation to consider.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to send H.E.A.R.T.'s four remaining proposals and the Sheriff's suggestions to the Brevard County Legislative Delegation.

Commissioner Carlson advised Item 10 is to transfer 50% of the net proceeds; and inquired if the Board controls that, or is it a legislative matter. Chairman Higgs stated those funds go into the Sheriff's budget, and the Board could discuss that with him, but the implications on that funding was if proceeds are removed from the jail operation, those will become the Board's issues. She inquired if it is in the Board's purview; with County Manager Tom Jenkins responding there are some limitations based on court cases that the source of that revenue has to be used for prisons, betterment, or something along those lines. County Attorney Scott Knox noted his ignorance about prisons, and stated Shannon Wilson is the expert on his staff.

Commissioner Carlson requested feedback from the Sheriff and a budget analysis to get a legal perspective on what is required and what is not; and stated if the Board wants to transfer those funds, it can make it clear to the Sheriff that even though it may take some of his net proceeds, it may be able to work something else out in terms of revenue. She stated she would like to work with the Sheriff versus being at odds with him, but she would like him to comment and not leave the Board like it is today.

Commissioner O'Brien stated he cannot support Item 10, transfer of money from telephones, because the Board would have to increase the Sheriff's budget. He stated the prisoners are paying for it, and he would not want to take that money and move it around. Commissioner Carlson stated she does not have a problem with that; her concerns are the confiscated items and a budget analysis on what the Sheriff is using that money for, as the Board is owed an explanation. Chairman Higgs stated the Board has the ability to ask those questions in the budgetary process; and if it wants to take other steps at that time, it could do that.

Commissioner Scarborough stated the purpose of his motion is to send the proposals from H.E.A.R.T. to the Delegation without comment on the part of the Board. Commissioner Voltz stated the issue of the phones is more than just a financial issue; they are looking to make sure people do not make phone calls when they should not be making phone calls; and charging them for the use of the phone is a way to try and prevent some of those calls.

Commissioner Voltz stated her main question is where is the Sheriff; the Board asked him to come back with positives and to be here to answer questions; he came back with negatives of why it cannot be done; and the Board asked him to help it see what he can do in a positive manner and take positive steps to deal with those issues. She stated if he does not have positive steps, then there is a real problem; and if he does, he needs to let the Board know what they are. Chairman Higgs noted there may have been a misunderstanding; and inquired if staff sent him the Agenda item; with Mr. Jenkins responding staff has been in communication with the Sheriff's Office in writing and by phone.

Commissioner Carlson inquired are the proposals to be sent in the same process as the Board's legislative package; with Commissioner Scarborough responding that was not the intent; they are not to be part of the legislative package, and are to be sent without comment but with the previous response from the Sheriff; and it is to get the proposals before the Delegation because coming before this Board is not moving it forward. Commissioner Carlson inquired if the Board should ask for comments from the Delegation; with Commissioner Scarborough responding it does not have to comment to the Board or agree with anything the Board sends it.

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

Commissioner O'Brien stated he voted against the motion because of Item 10. Commissioner Voltz stated that item should be removed.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to delete Item 10 from the H.E.A.R.T. proposals and deal with it in the budget process. Motion carried and ordered unanimously.

PUBLIC COMMENT - NELLY STRICKLAND, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD FINANCING AND BUILDING PLANS

Nelly Strickland advised she attended a meeting of the North Brevard Hospital District Board last night, and a decision was made to contract with Bob Nabors' firm to handle a bond issue. She stated Parrish Medical Center wants to float a bond issue and keep the $80 million on the side; and it wants to invest that money to make a lot of money. She stated that money has been saved for years for construction of a new hospital; the ground has been broken, the plans are in place, and now they want to float a bond issue; and she is totally opposed to that. She stated it should be against the law unless the money is not there, but even then they should find the money first and not float a bond. Ms. Strickland stated it is not fair to put a debt on all the people in the District when it is totally unnecessary; there are no guarantees the money they will invest is going to do fine; it is wrong because it would be speculation; and requested the Board adopt a resolution opposing the levying of more taxes in the form of a bond issue. She inquired if any entity in the County floats a bond, will it influence the overall financial ability of the County to float bonds.

County Attorney Scott Knox advised the Hospital District has its own bond ratings independent of any other entity, so it would not impact the County, City of Titusville, or anyone else. Ms. Strickland stated it is not just Titusville; and the Hospital District includes Scottsmoor, Mims, all of Titusville, and part of Port St. John. Mr. Knox stated the bond rating is only to that specific entity, and will not impact any other entity's rating.

Commissioner Scarborough inquired if the vote on the bond was unanimous or split; with Ms. Strickland responding there was one opposing vote from Penny Farrar. Chairman Higgs inquired what is the total amount being borrowed; with Ms. Strickland responding she does not have solid figures, but the last facts she received from the Hospital said there were $80,400,000 in the kitty; and if it takes $80 million to build the hospital, they would float a bond for that amount, but it may by $60 million, she does not know.

Commissioner O'Brien expressed concern that the North Brevard Hospital District Board created a side-by-side corporation which is the same thing Cape Canaveral Hospital did to create Health First; and stated it is possible that the new hospital would be rented for one dollar a year to an outside corporation which has already hired the Director of the present Hospital. He stated there are conspiracies out there; and if it is possible, this could be one; on the other hand, the purpose of a hospital is to provide good health care for the entire hospital district; and if they accomplish that by what they are doing, then they have accomplished their task. Commissioner O'Brien stated it was the same argument with Cape Canaveral Hospital, that it was a public hospital owned by the public; Health First does not own the hospital, but has clinics and rehabilitation facilities throughout the community; the people have excellent health care because of what occurred; however, what is happening with Parrish Medical Center may be some good ole' boys working together.

Ms. Strickland stated her personal assumption is when Mr. Baker retires he will be hired by the Medical Support Group at a fantastic salary, along with the retired Finance Director; the Medical Support Group owns half of the hospital, the MRI, CAT Scan, Wellness Center, and various clinics; and that Group's board is self-perpetuating and picks its own members. She stated Earl Spencer was one of them and has resigned because of Penny Farrar; he sold the hospital insurance for years without bid, and Ms. Farrar kept harping on that; and that is why Mr. Spencer resigned. Ms. Strickland stated people want good medical care and want to feel safe in that hospital; but 25 nurses were hired in June to pass accreditation and were not there in the Winter when all the flu and sick cases were in the hallways.

Commissioner Carlson recommended the Board ask the Hospital Board to provide a report explaining what they are doing so the Board can understand Ms. Strickland's problems. Commissioner Scarborough stated if the Board asks for information, it allows a dialogue, and it could play a more constructive role in the thought process; so it may be the right thing to do to ask for an explanation of what is going on.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to instruct the County Attorney to prepare a letter for the Chairman's signature asking the North Brevard Hospital District Board for information on its financing and building plans. Motion carried and ordered unanimously.

Chairman Higgs advised when the Board gets the letter, it should send a copy to Ms. Strickland.

DISCUSSION, RE: MANATEE PROTECTION PLAN WORKSHOP

Commissioner O'Brien advised a workshop is scheduled for February 17, 2000 on the Manatee Protection Plan; Mr. Arnold cannot make it; he has been an integral part of the planning process; and because of his knowledge about manatees, planning, and everything the State has to know, the Board should reschedule the workshop until Mr. Arnold is available.

Commissioner Carlson inquired if Mr. Arnold could send someone who knows as much as he does; with County Manager Tom Jenkins responding they have most of their people tied up in a workshop.

Chairman Higgs advised the Board needs to determine what it wants to do at this workshop; and while Mr. Arnold could offer useful advice, it boils down to what the Board wants to do with the Plan. Commissioner Carlson stated Mr. Arnold has been useful in terms of input, but he has not allowed the process to progress because he has not given the Board much guidance; so the Board should iron out the provisions of the Plan first, then present it. Commissioner O'Brien stated there is nothing to present to Mr. Arnold's Office; the State does not require a manatee protection plan of any sort; and he wants Mr. Arnold's input, but not to submit it for his approval. Commissioner Voltz inquired why is the Board doing it, and why does it not do what it wants to do, then give it to Mr. Arnold.

Motion by Commissioner O'Brien, to cancel the February 17, 2000 Manatee Protection Plan Workshop and reschedule it when Mr. Arnold can be present.

Commissioner O'Brien stated the Commissioners asked Mr. Arnold questions, and he gave them answers; and he prefers to have Mr. Arnold's expertise at the workshop and to be able to ask him questions. He stated at most workshops the Board generally has an expert in the field to assist in the thinking process. Chairman Higgs noted there will be a lot of expertise, some real, and some imagined. Commissioner Carlson stated staff should be able to answer questions after all these years. Commissioner Scarborough stated the Board has no idea when it can be scheduled; with Assistant County Manager Stephen Peffer responding Mr. Arnold felt April would be the closest month he would be available.

Commissioner Scarborough suggested going ahead with the workshop to see what the Board can accomplish, and maybe propose questions to Mr. Arnold in a letter. Commissioner O'Brien stated the Board always had people at workshops to work with it to accomplish the task; and in this workshop, aside from staff, it will not have further help from the State.

Chairman Higgs advised there was no second to the motion to cancel the workshop, so the motion died for lack of a second; and the workshop will be held as scheduled.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:30 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)