MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 9, 2000, at 9:04 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, Sue Carlson, and Helen Voltz, Assistant County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley. Absent were: Commissioner Randy O'Brien, County Manager Tom Jenkins, and County Attorney Scott Knox, due to litigation.

The Invocation was given by Dr. Harvey L. Riley, Mt. Moriah Baptist Church, Palm Bay, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of February 22, 2000 Regular Meeting and March 9, 2000 Special Workshop Meeting. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING ASTRONAUT HIGH SCHOOL TRACK TEAM

Commissioner Scarborough read aloud a resolution commending the Astronaut High School War Eagles Track Team.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution congratulating the Astronaut High School War Eagles Boys Track Team for winning the State Class 2A championship. Motion carried and ordered unanimously. (See page for Resolution No. 2000-147.)

REPORT, RE: SALES TAX NEEDS FROM MUNICIPALITIES

Commissioner Scarborough advised of a call from Titusville City Manager Tom Harmer regarding the way the sales tax question was posed; the question that went out to the cities asked if they wanted 1/4 cent, 1/2 cent, or 1 cent sales tax for a certain period of time; however, the Board wanted to extract from the cities their capital needs and dollar amounts to meet those needs. He recommended the County Manager talk to the city managers in enough time to get a good response so the Board can decide how to structure the referendum question, the amount of the sales tax, and for what time period after it receives all the input. Commissioner Scarborough stated the Board asked staff to also contact the School Board about its needs.

Commissioner Carlson stated the Board is looking at other infrastructure needs and not just roads; with Commissioner Scarborough responding the County has the jail issue as well.

Commissioner Voltz advised Mr. Jenkins said the Board can only do a half or whole cent and nothing in between; with Commissioner Scarborough responding his point was not to ask the cities about the amount of the sales tax or the time period, because that is to be decided by the Board. Commissioner Voltz stated there was an issue on Palm Bay City Council of whether or not it would support the sales tax because the County would get a greater portion; the distribution was done by Florida Statutes; however, Mr. Jenkins said without an interlocal agreement that is the way staff had to do it. She inquired if it was done in the past by other than the formula contained in the Florida Statutes. Commissioner Scarborough stated he would welcome an interlocal agreement because the needs are different in each city; and if the Board looks at answering the overall needs, it may have something that is more justifiable. Commissioner Voltz stated it may be easier for the cities to support that rather than the formula.

Chairman Higgs stated the formula is broken down by population; and if the School Board came in with certain needs and wanted to be considered, it would require a different interlocal agreement. Commissioner Voltz stated she has a question about how it would be done with the School Board, but that can be considered at another time.

Commissioner Scarborough stated he wanted to make sure the Board saw it the same way, that it wanted the needs and dollar amounts from the cities and not how much of a cent and for how long. He recommended Assistant County Manager Peggy Busacca contact Mr. Harmer and clarify the question because it is coming up on the City's Agenda tonight. Ms. Busacca advised she will also get a memo to the Board on whether or not different funding methods were used in the past. Commissioner Voltz requested information on what the possibilities are and what the Board could potentially do.

Commissioner Carlson advised they are in the process of talking to the City of Rockledge about taking over the responsibility of roads in areas that are over 50% annexed which may add to their interest in the sales tax issue. Commissioner Scarborough mentioned a transportation issue in Orange County and movement out of urban areas and leaving under-funded urban cores; and stated Commissioners are elected by the people in and out of the cities and their job is to make things work as a whole. Commissioner Voltz stated that is why she brought up the possibility of looking at something other than the State formula.

REPORT, RE: ENERGY 2020 STUDY COMMISSION

Commissioner Carlson advised there was an Executive Order by the Governor to create an Energy 2020 Study Commission; it has to be appointed by July 17, 2000; she and Commissioner Scarborough have been immersed in power plant issues; and inquired if she or Commissioner Scarborough could apply for a position on that Commission. She inquired if it is appropriate for a Commissioner to sit on such commission; with Assistant County Attorney Eden Bentley responding she would have to review what the session law says. Commissioner Carlson read an excerpt from the Order as follows: "The Commission shall determine what Florida's electric needs will be over the next 20 years and how best to supply those needs in an efficient, affordable, and reliable manner that will ensure adequate electric reserves; and based on its findings the commission shall recommend appropriate electric energy policies for the State, including statutory changes if necessary." She stated it lists all the things the commission will be looking at; and it has until December 1, 2001 to complete the study. She stated they can appoint members for a technical advisory committee; she has no idea what time will be required, but is in the process of looking at it; and if it is a good idea for a Commissioner to be appointed on that commission, the Board can go through the process of appointing someone. Commissioner Carlson stated she would be happy to serve, but has not discovered how much time would be involved, how much travel, or anything; and given the circumstances the Board has dealt with regarding Florida Power & Light Company, Oleander, the recent laws regarding the Duke Power Plant in New Smyrna and the problems there, questions about de-regulation and how it will affect the County, and single-cycle plants coming in all over the State that do not fall under the PSC, does she need permission from the Board to look into serving on the commission.

Commissioner Voltz suggested waiting until the County Attorney returns with advice; with Ms. Bentley responding there is nothing in the Executive Order prohibiting Commissioner Carlson from applying for appointment to the Energy 2020 Commission. Chairman Higgs stated the Order says "public officers and employees shall be reimbursed," so there was some thought of public members.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to the Governor requesting Commissioner Sue Carlson be considered for appointment to the 2020 Energy Study Commission. Motion carried and ordered unanimously.

REPORT, RE: REGIONAL POST LEGISLATIVE SESSION BRIEFINGS

Commissioner Carlson advised the Florida Association of Counties will be conducting regional post legislative briefings; the June 2, 2000 briefing will be held in Osceola County at the library from 10:00 a.m. to 12 noon; and her Administrative Assistant Duwayne Lundgren will be going if anyone wants to go and cover the post side of what actually happened in the Legislature.

REPORT, RE: PROPOSED LEGISLATIVE PACKAGE

Commissioner Voltz advised last year the Brevard Legislative Delegation asked the County to make sure it has the proposed legislative package completed early; and inquired if staff has started on it; with Assistant County Manager Peggy Busacca responding she is not sure. Commissioner Voltz stated it was her understanding that the Board would start its review of proposed legislation in May and complete it by July; with Ms. Busacca responding typically staff waits until the Legislative Session is over, assesses what took place, and begins in June talking about other proposed legislation; so staff will have a draft for the Board upon its return from June break.

Commissioner Carlson stated the County needs to get its issues into the Lobbyist early because there are a lot of Legislators leaving office due to term limits; and they were inspired to make things happen this year as opposed to last year. She stated there needs to be a mechanism that will keep counties up to date on issues that pop up out of nowhere; and advised of a blurb she noticed during her review of what came out of the Legislative Session which she is trying to get more information on that incorporated the issue of impact fees and how the State would take out a percentage of the fee and replace it with State dollars. She noted she is not sure if it was for school impact fees or other services; and if the County missed the boat or if there is a way to get on that boat. Chairman Higgs stated as she read it, she does not think it affects Brevard County and just compensates certain counties. Commissioner Carlson stated her concern is things like that could have strong implications on how the Board views some of its issues through the year; and it could have made an impact on how the Board might have gone with impact fees if it knew ahead of time that the State might come in to help with education. She stated the Board had no clue it was going to happen; and her office did not know anything about it, and did not get anything from the lobbyist on it evolving.

Commissioner Voltz stated she read about it more than a month ago from FAC correspondence that it was going to take place. Commissioner Carlson stated she did not hear about it, but it is a matter of how much lead time can the Board get on some of those issues so it can act in time to support or not support it. She stated the Board has a lobbyist, assistant lobbyist, and Greg Lugar as the legislative person; and inquired how the Board can catch those issues in a timely manner.

Commissioner Scarborough stated last year the Chairman of the Legislative Delegation Bill Posey briefed the Board after the Legislative Session. Chairman Higgs advised Representative Posey came as Chairman of the Delegation, so the Board could invite the Chairman to make a presentation at a regular meeting. Commissioner Scarborough stated there are so many things that are changing in Tallahassee; and if the Board can get in the right mindset on how to make things work, it would help Guy Spearman.

Chairman Higgs instructed staff to arrange a briefing by the Brevard Legislative Delegation Chairman and Lobbyist Guy Spearman.

REPORT, RE: CITY OF PALM BAY'S COMPREHENSIVE PLAN AMENDMENTS

Commissioner Voltz inquired what else is on the Agenda for next week besides the Valkaria/Palm Bay issue; with Assistant County Manager Peggy Busacca responding the Comprehensive Plan, mid-year budget, and personal appearance of ATV people.

Commissioner Voltz advised it is anticipated that several hundred people will be at the meeting with 60 to 70 speakers; and if so, the Board will not get anything done and will be at the meeting all night.

Chairman Higgs stated the Board needs to do the mid-year budget and she has a time certain to get that done before the Comprehensive Plan at 6:30 p.m. Commissioner Carlson advised with the Pineda Extension issue, each speaker was limited and it went well; and she received positive reactions on how the meeting was handled. Chairman Higgs inquired if the Board wants to limit speakers to three minutes; with Commissioner Scarborough responding yes, if there are a lot of cards. Chairman Higgs stated she will try to do that and will stick to it to be more businesslike and not waste time.

REPORT, RE: SHORELINE HARDENING STRUCTURE AT SPESSARD HOLLAND PARK

Chairman Higgs advised there is an application with the State for a shoreline hardening structure abutting Spessard Holland Park; the County will be noticed as an adjacent property owner; and requested a report from staff on potential impacts to the Park so it would have good data to comment on the application.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to provide the Board with a report on potential impacts to Spessard Holland Park from a proposed shoreline hardening structure. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING EMERGENCY MEDICAL SERVICES WEEK

Commissioner Carlson read aloud a resolution proclaiming May 14 through 20, 2000 as Emergency Medical Services Week in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 14 through 20, 2000 as Emergency Medical Services Week, and expressing appreciation for the life-saving services provided by EMS personnel throughout the County. Motion carried and ordered unanimously. (See page for Resolution No. 2000-148.)

Commissioner Carlson presented the Resolution to Fire Chief Bill Farmer who advised that public safety issues have been an important program for the Board and they appreciate the Board's support. He stated they will have personnel with displays at Merritt Square and Melbourne Square Malls from 10:00 a.m. to 9:00 p.m. Friday and Saturday, and from noon to 6:00 p.m. on Sunday.

Chairman Higgs encouraged people to see equipment and the personnel who provide an invaluable service, and to learn about what is available. She expressed appreciation to all EMS personnel for what they do.

LARRY WEBER, KEEP BREVARD BEAUTIFUL EXECUTIVE DIRECTOR, RE: TRASH
BASH Y2K AWARD

Elizabeth Melvin, Environmental Programs Coordinator for Keep Brevard Beautiful, introduced George Geletko and David Schoenberger from Harris Sanitation; and stated Harris is one of the major sponsors of Trash Bash Day. She stated Trash Bash Day was held on April 15, 2000 from 8:00 a.m. until noon; and in that four hours, 2,453 volunteers removed 137,775 pounds of debris from roadsides, shorelines and neighborhoods. She stated they had wonderful sponsorship from Harris Sanitation, Florida Inland Navigation District, Keep Florida Beautiful, Keep America Beautiful, and Publix Markets; Premier Cruise Line donated a grand prize; and Steve Peffer won the cruise for two by random drawing. Ms. Melvin advised Harris Sanitation sponsors a competition between cities based on population and between Commission Districts; the top city having the best performance earns $500 for volunteers and $500 for most trash removed; and the money is donated to charity or nonprofit organizations. She stated Titusville won Category A for the third year in a row; Cocoa won Category B for the third year in a row; Satellite Beach won Category C; and Town of Malabar won Category D and earned the best performance out of the four leading cities and for most trash collected, so it received $1,000 from Harris which it donated to Boy Scout Troop 37, Cub Scout Troop 37, Girl Scout Troop 318, and Serene Harbor. She stated in the Commission Districts, the best improvement was District 3 Commissioner Higgs who had a 22.8% increase in volunteers over last year; and Commissioner O'Brien, who won the traveling pelican last year for the best combination of trash removal and volunteers, will keep it again this year for 688 volunteers and 49,320 pounds of trash removed.

George Geletko advised Harris Sanitation is happy to sponsor this significant event and congratulates all the Districts for a fantastic job, and extended a special congratulations to Commissioner Higgs for having a plus 22.8% volunteer improvement. He stated Harris will present a $500 check to the organization of Commissioner Higgs' choice; and Chairman Higgs responded she would like to put it back into Keep Brevard Beautiful whose efforts bring out the volunteers for events such as Trash Bash Day. Mr. Geletko advised David Schoenberger is the District Manager for Harris Sanitation replacing Pete Jergel who retired, and has been with the company for three weeks.

Chairman Higgs expressed appreciation to Mr. Geletko and to all the people who participated in Trash Bash Day which means so much to the community.

RESOLUTION, RE: PROCLAIMING NATIONAL CORRECTIONAL OFFICERS
APPRECIATION WEEK

Commissioner Voltz read aloud a resolution proclaiming May 7 through 13, 2000, as National Correctional Officers Appreciation Week in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 7 through 13, 2000, as National Correctional Officers Appreciation Week in Brevard County, and encouraging citizens to recognize the unselfish commitments made by correctional officers. Motion carried and ordered unanimously. (See page for Resolution No. 2000-149.)

Commissioner Voltz presented the Resolution to Mr. Brown who expressed appreciation to the Board, on behalf of the 252 sworn and non-sworn officers at the Brevard County Detention Center. He stated their profession is stressful, but they manage to overcome obstacles and in February, 2000, they were awarded accreditation by the Florida Commission on Accreditation which means they met over 300 standards in jail operation despite the overcrowding and all the problems they have to contend with. He stated they are proud of that accomplishment and thanked the Board for its support in the past and for the good working relationship.

Chairman Higgs extended congratulations to Commander Petty, Mr. Brown and Sheriff Williams for obtaining the accreditation, and expressed appreciation for what they do. She stated sometimes they forget the people who serve and do an outstanding job every day to make communities work.

CONTRACT MODIFICATION #4 WITH RANGER CONSTRUCTION INDUSTRIES, INC.,
RE: MALABAR ROAD WIDENING, PHASE II

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Contract Modification #4 with Ranger Construction Industries, Inc. for Malabar Road Widening, Phase II, increasing contract amount by $41,575.46 and time by 20 days to install a traffic signal, funded by the City of Palm Bay. Motion carried and ordered unanimously. (See page for Contract Modification #4.)

CONTRACT MODIFICATION #7 WITH RANGER CONSTRUCTION INDUSTRIES, INC.,
RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Contract Modification #7 with Ranger Construction Industries, Inc., for Dairy Road South Widening Project, decreasing contract price by $116,114.03 due to decreased quantities, and increasing time by 25 days for additional work authorized by Field Modifications 15, 16 and 17; and authorize release of retainage except for $25,000. Motion carried and ordered unanimously. (See page for Contract Modification #7.)

INTERLOCAL AGREEMENT WITH TOWN OF MALABAR, RE: COUNTY
ADMINISTRATION OF STORMWATER UTILITY

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Interlocal Agreement with Town of Malabar authorizing the County to administer and manage its stormwater utility beginning Fiscal Year 2000-2001, with costs borne by the Town. Motion carried and ordered unanimously. (See page for Agreement.)

FINAL ENGINEERING APPROVAL, RE: INTERCHANGE COMMERCE PARK
OF BREVARD

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant final engineering approval for Interchange Commerce Park of Brevard, contingent upon the execution of a purchase agreement for the 2.16-acre retention pond and subject to minor changes if necessary and Board approval not relieving the developer from obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: SUNSET LAKES, PHASE VII

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant final engineering approval for Sunset Lakes, Phase VII, subject to applicable minor changes and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH PINEDA CROSSING CORPORATION, RE: INFRASTRUCTURE
IMPROVEMENTS IN PINEDA CROSSING, PHASE 5

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Contract with Pineda Crossing Corporation guaranteeing infrastructure improvements in Pineda Crossing, Phase 5. Motion carried and ordered unanimously. (See page for Contract.)

RESOLUTION APPROVING SALE AND EXECUTION OF CONTRACT FOR SALE
AND PURCHASE, RE: RETENTION POND AT INTERCHANGE COMMERCE
PARK OF BREVARD

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution conveying fee simple interest in County property to Daniel and Bernice Platt; and execute Quit Claim Deed and Purchase Agreement with the Platts for a 2.16-acre retention pond at Interchange Commerce Park of Brevard. Motion carried and ordered unanimously. (See pages for Resolution No. 2000-156, Quit Claim Deed, and Contract.)

RESOLUTION AND LEASE AGREEMENT WITH TITUSVILLE-COCOA AIRPORT
AUTHORITY, RE: NON-DIRECTIONAL RADIO BEACON AT COUNTRY ACRES

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution authorizing execution of a Lease Agreement with Titusville-Cocoa Airport Authority for lease of property at Country Acres to operate a non-directional radio beacon in connection with the operation of Spaceport Executive Airport. Motion carried and ordered unanimously. (See pages for Resolution No. 2000-150 and Agreement.)

AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER
FOOD SERVICE PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of Education for the Summer Food Service Program from May 24, 2000 through August 4, 2000 at Cuyler Park, Campbell Park, Boys and Girls Club of Brevard at Gibson Complex, Woody Simpson Park, Joe Lee Smith Park and Cocoa West Park. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH TITUSVILLE POLICE ATHLETIC LEAGUE, INC., RE:
RECIPROCAL USE OF VEHICLES

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Agreement with Titusville Police Athletic League, Inc. for the County's use of its vehicles and PAL's use of County vehicles; and authorize the Parks and Recreation Department to include any future Board approved contract clauses in the Agreement. Motion carried and ordered unanimously. (See page for Agreement.)

LETTER OF INTENT TO CITY OF SATELLITE BEACH, RE: CITY GRANT
APPLICATION TO PURCHASE LANDS WITHIN CITY LIMITS

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the Chairman to execute a Letter of Intent to the City of Satellite Beach, agreeing to be a joint participant with the City's Florida Communities Trust Preservation 2000 Grant application to purchase lands within the City limits. Motion carried and ordered unanimously.

GRANT PROPOSAL TO DEPARTMENT OF ENVIRONMENTAL PROTECTION,
BUREAU OF INVASIVE PLANT MANAGEMENT, RE: UPLAND INVASIVE
PLANT MANAGEMENT

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize staff to submit two grant proposals to Florida Department of Environmental Protection, Bureau of Invasive Plant Management for removal of Brazilian pepper trees on selected County-owned lands; and authorize the Parks and Recreation Director to sign the grant documents. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH SENIOR RESOURCE ALLIANCE,
RE: SCAT VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Purchase of Service Agreement with Senior Resource Alliance in the amount of $75,000 for SCAT Volunteers in Motion Program from July 1, 2000 through June 30, 2001. Motion carried and ordered unanimously. (See page for Agreement.)

REVISED GRANT SCOPE AND EXTENSION OF GRANT PERIOD, RE: U.S. FISH
AND WILDLIFE SERVICES BIOLOGICAL DATA COLLECTION GRANT

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve revised grant scope and time extension for an existing U.S. Fish and Wildlife grant; approve Budget Change Request to utilize funds contingent upon approval of the revisions by U.S. Fish and Wildlife Services; and authorize the Chairman to execute a Contract Amendment. Motion carried and ordered unanimously. (See pages for Amendment and Budget Change Request.)

TASK ORDER NO. 97-17 WITH HDR ENGINEERING, INC., RE: ANNUAL FINANCIAL
ASSURANCE PACKAGE FOR CENTRAL DISPOSAL FACILITY AND SARNO ROAD
CLASS III LANDFILL

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Task Order No. 97-17 with HDR Engineering, Inc. to provide engineering services for the preparation of the yearly financial assurance package for Central Disposal Facility and Sarno Road Class III Landfill at not to exceed $49,965. Motion carried and ordered unanimously. (See page for Task Order No. 97-17.)

GRANT OF FORCE MAIN EASEMENTS AGREEMENT WITH A. DUDA & SONS,
INC., THE VIERA COMPANY, AND TVC, RE: TRANSFER OF FORCE MAIN TO
BREVARD COUNTY

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Grant of Force Main Easements Agreement with A. Duda & Sons, Inc., The Viera Company, and TVC, transferring a force main in the Viera East Community to Brevard County. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL, RE: REVISED POLICY BCC-24, PROCUREMENT

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve revised Policy BCC-24, Procurement. Motion carried and ordered unanimously. (See page
for Policy BCC-24.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: MERGER OF TIME WARNER
INC. WITH AMERICA ON LINE, INC.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize advertising a public hearing to consider the merger of Time Warner Inc. with America On Line, Inc. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: GILDA PORTIELES v. BREVARD COUNTY

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize advertising and scheduling an executive session on May 16, 2000, at 4:30 p.m. to discuss strategy related to the Gilda Portieles v. Brevard County litigation. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL
REPORT FROM BREVARD COUNTY SHERIFF'S OFFICE

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to acknowledge receipt of the Florida Contraband Forfeiture Semi-annual Report from the Brevard County Sheriff's Office for the period October 1, 1999 through March 31, 2000. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF A. MAX BREWER MEMORIAL
LAW LIBRARY

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to acknowledge receipt of the internal audit of A. Max Brewer Memorial Law Library for the period October 1, 1996 through June 30, 1998. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to appoint Joanne Farley and Bob Fritz to the Brevard Commission on Aging with terms expiring May 8, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve bills as submitted. Motion carried and ordered unanimously. (See page for List of Bills.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 26,
TOWNSHIP 26S., RANGE 36E. - ROY PENCE

Chairman Higgs called for the public hearing to consider a resolution vacating right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Roy Pence.

Commissioner Carlson advised the right-of-way is on the west side of Grand Haven's property; the public hearing has been postponed because the County was not sure of the state of the Pineda Extension; and in the binding development plan for Grand Haven rezoning, the applicants said they would formally request the vacating. She stated there are considerable objections from Road and Bridge, Transportation Management, Land Acquisition, Zoning, Land Development, and Traffic Engineering, and not enough information to go forward; and requested Mr. Washburn advise the Board of his communications with the petitioner.

Assistant Public Works Director Ed Washburn advised staff recommends no action on the vacating, and when they are ready to come back, they will re-advertise the public hearing. He stated they talked to the petitioner and believe the issues have not been resolved; so staff's stand is to take no action at this time.

Chairman Higgs inquired if the motion is to take no action, as she has two cards from persons she assumes are in opposition to the vacating. Assistant County Attorney Eden Bentley advised if the Board is not going to take action, it does not need a motion. Chairman Higgs advised when it comes back, it will be re-advertised.

WITHDRAWAL OF PETITION TO VACATE, RE: PUBLIC UTILITY AND DRAINAGE
EASEMENT IN VILLA DE PALMAS, SYKES COVE, SECTION II - MICHAEL
KALIMNIOS

Assistant Public Works Director Ed Washburn requested approval to refund the $400 application fee, as the County asked Mr. Kalimnios to withdraw the petition because they found a better way to resolve the issue, so he is entitled to his fee.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept withdrawal of the petition to vacate a public utility and drainage easement in Villa De Palmas, Sykes Cove, Section II, as petitioned by Michael Kalimnios; and refund his $400 application fee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
FAWN LAKE PUD, PHASE 2, UNIT 3 - DONALD L. GREEN

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Fawn Lake PUD, Phase 2, Unit 3, as petitioned by Donald L. Green.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public utility easements in Fawn Lake PUD, Phase 2, Unit 3, as petitioned by Donald L. Green. Motion carried and ordered unanimously. (See page for Resolution No. 2000-151.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
FIRST UNIT, COQUINA RIDGE - HARDEE S. HENDERSON

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in First Unit, Coquina Ridge, as petitioned by Hardee S. Henderson.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in First Unit, Coquina Ridge, as petitioned by Hardee S. Henderson. Motion carried and ordered unanimously. (See page for Resolution No. 2000-152.)

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. (Z991403) 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 for approval by the P&Z Board as BU-1 on three acres and the remainder as EA, subject to a public interest determination and site plan submitted by the applicant, and continued by the Board of County Commissioners to February 8, 2000.

Commissioner Carlson advised Hassan Kamal with BSE Consultants will explain the mitigation plan, then Barbara Meyer and Debbie Coles will add comments regarding the mitigation of wetlands. She noted the rezoning request came in before the forested wetlands issue was passed; and this item deals with forested wetlands.

Hassan Kamal advised the project area is 17.22 acres of land south of Wickham Road and east of Murrell Road, east of the existing Denny's Restaurant complex, bounded by Wickham Road on the north, Space Coast Credit Union complex on the east, and undeveloped wetlands to the south. He stated of the 17.22 acres, approximately one acre is uplands, and the rest consists of a mix of wetlands, hardwoods, red maple, laurel oak, and cabbage palm wetlands. He stated the request is to rezone 2.98 acres to BU-1; after discussions with staff and the Board at the last meeting, they have two options--(1) incorporate the balance of the property, which is 14.22 acres, into a binding development plan and place a conservation easement over it assuring perpetual preservation of the area, or (2) rezone the balance of the property to EA, which does the same thing. He noted from their standpoint, both options are workable. He advised he got the impression from staff that they prefer the EA option; they are flexible with that option because it gets to the same point; and that is the summary of the rezoning request. Mr. Kamal advised they have all the infrastructure to the site and have prepared conceptual site plans, which have been submitted, to the County for review; and they are ready to move forward with the project. He stated of the 2.98 acres proposed for development, 2.22 acres involve impacts to wetlands; they are proposing mitigation for the wetlands impact consisting of three separate components; and he presented the Board with a sketch showing the overall area because it is a fairly large mitigation proposal. He explained an aerial map, and stated the first component involves the preservation and enhancement of the area highlighted in pink, which is the 14.22 acres; and the blue is the development parcel. He stated the enhancement of the area would involve removal of exotic species that are generally on the perimeter of the site and have invaded the site. He stated the second component of the mitigation proposal involves preservation of a 20-acre site located southeast of Baytree and west of Suntree; that area is hardwood wetland and is in fairly good shape; it serves as a habitat between two developed areas; and it also has significant drainage function because a lot of the drainage from Baytree and Suntree comes down through that area. He stated they will place a conservation easement over that 20 acres. Mr. Kamal advised the third component is cooperation with the County either by easements or deed of a linear park corridor that would extend from Wickham Road down to the proposed Pineda Extension. He stated they have been working with staff on the concept; and the map shows a headway system that interconnects areas that would serve as the backbone for the linear park facility that could move people from Suntree to the Wickham Road and I-95 interchange area. He noted it also brings people up to the intersection of Murrell and Wickham Roads which gives the opportunity to continue that same path all the way to Barnes Boulevard. He stated along Murrell Road there is an eight-foot wide concrete pedway from Wickham Road to Barnes Boulevard; so it can be a system that could extend over five miles just with this interconnection, not including any branching out or any of the opportunities that could be available. He stated the area goes through a lot of preserves, upland and wetland areas, and some unique habitats; and it provides the opportunity for the County to enter into educational programs. Mr. Kamal advised they talked to the Brevard Zoo; they are very excited about the proposal; and they see a lot of opportunity to enhance the program through features they could offer. He stated another component they would be willing to contribute for construction of the pedway, depending when the County would start facility design and permitting, is to make 3,200 tons of base material available to the County for pickup and use, which has a dollar value of between $15,000 and $20,000. He stated based on the linear footage of the park, which is over three miles, it is about 18 acres of 50-foot width. He stated they believe those components meet the public interest test, especially the pedway system which will provide the County an opportunity to utilize the wetlands and bring people through them, have education programs, as well as have an excellent pedestrian and non-motorized corridor up to the Wickham Road/I-95 interchange.

Commissioner Scarborough inquired if the pedway is parallel to a road; with Barbara Meyer responding the pedway is within its own corridor parallel to the I-95 corridor, is not near a road, will not be a sidewalk, and is truly the concept of a linear park staff has been striving to get. Mr. Kamal advised he is not sure how clear it is on the exhibit he provided, but the yellow highlighted line shows the alignment; there are no roads there except at the northern end, which is the Brevard Zoo access road; and after the Zoo access road, there is a lot of flexibility of where to wind the park through those areas to take advantage of the natural features and wetlands.

Commissioner Carlson inquired how will the 50-foot pathway be defined; with Mr. Kamal responding their concept is to walk in the field with staff, and say this is where we want it, and come back and prepare necessary legal descriptions. He stated that kind of work needs to be done to incorporate the areas the County wants, and not just draw it off on a map. He stated there are some limitations with existing property lines, specifically Baytree and the Zoo; but once they get past those limitations, they can work the corridor to take advantage of the natural areas. Commissioner Carlson inquired if there are any areas out there that are developable at this time; with Mr. Kamal responding they do not think there is any reasonable development that would occur in that area because of utilities and access. He stated in conversations with staff, if there are areas that have specific features that would expand beyond the 50 feet to a hub with nice vegetation, they have the flexibility to incorporate those areas also.

Chairman Higgs advised the specific performance standards for maintenance sounds great, but who will be responsible for perpetually maintaining the area; with Mr. Kamal responding the two mitigation areas would be the responsibility of the applicant. Mr. Kamal advised as part of their St. Johns River Water Management District and U.S. Army Corps of Engineers permits, and through the County process, they have to put those into conservation easements; the District and Corps will also require annual monitoring and maintenance of those areas to verify that the work they said they were going to do was actually done; and they have to go back in on a yearly basis and present monitoring reports that show they have met the criteria. He stated they have to eliminate exotic species and keep them at less than 10% of coverage. Chairman Higgs inquired if A. Duda & Sons will maintain the wetland areas on a perpetual basis; with Mr. Kamal responding that is correct, unless they sell the property, then the responsibility will go with the sale of the land, as the permit goes with the land and not the entity. Chairman Higgs inquired if the owner of the BU-1 parcel will maintain responsibility for the wetlands on a perpetual basis; with Mr. Kamal responding that is correct, that would be the condition of approval for the site; and the permit would cover the preservation of the 14 acres and the 20 acres on the south side. Chairman Higgs inquired if whoever owns the developable piece of land will be responsible to perpetually maintain the wetlands; with Mr. Kamal responding that is correct.

Commissioner Scarborough inquired how would the title examination show that part of the purchase; with Assistant County Attorney Eden Bentley responding she has not seen a St. Johns River Water Management District permit show up in a title search, so the maintenance must be regulated by the District. Commissioner Scarborough stated deals that are being made here and not getting into the public records will not give clear cut information. Ms. Bentley advised if the applicant is willing to provide a binding development plan that includes the maintenance to be handled by the property owner or their assigns, it could deal with the pedway, or they can sell the property and there would be no notice to a future purchaser that they agreed to grant the pedway. Chairman Higgs inquired if the binding development plan (BDP) is the County's tool to ensure the owner's perpetual maintenance of the property; with Ms. Bentley responding yes. Mr. Kamal advised they generally put those kinds of requirements in disclosures or deeds, which has been the practice of the applicant; but they would have no problem including those stipulations in a BDP. Chairman Higgs noted the County needs a tool to enforce it over time.

Commissioner Carlson recommended Barbara Meyer give an overview of the issue and partnership involved.

Barbara Meyer advised County staff has been coordinating with Brevard Zoo, as well as other County Departments, hoping to make the trail a reality; and the Zoo is committed to helping the County with volunteers, building the boardwalks, and putting together educational exhibits. She stated they have been working with Natural Resources, which will assist in looking at areas to layout the pedestrian walkway, and with Road and Bridge, which will probably do some of the work. She stated they will apply for an enhancement grant through the MPO to further develop the trail, set up potential parking, and provide infrastructure to support the linear park. She stated they have done a lot of coordination and will continue to do so; and they have a nice partnership with the Brevard Zoo. Ms. Meyer stated their consultant as well as Dan Verdan, who is the subconsultant, went out and looked at the project and felt it will be an excellent backbone for a system through that part of Brevard County.

Commissioner Carlson read a letter from Margo McKnight, Executive Director of Brevard Zoo, supporting the proposed linear park pedway, stating the Zoo would like to play an active role in the development of the greenway, and offering assistance in rallying public support through their 7,000 plus family memberships and expertise of volunteers to build boardwalks, educational opportunities, and the probability of water and sewer services for public use. She stated a concern is having the pedway sit there and homes build around it then having a problem with people not wanting people on the trail, which has been a roadblock to a lot of linear parks trying to go into existing neighborhoods. Commissioner Carlson stated that is one reason she approached the Zoo and asked if they could use it in the interim until something more permanent could be established; and Ms. McKnight mentioned runners who come into the Zoo, and thought it would be a great extension for them to run into forested wetlands. She stated people will know about the trail before building homes so they should not get upset; it could be a positive element in the area; she tried to create a destination; the Zoo seemed like a likely candidate; and a lot of people could bike or walk to the Zoo. She stated the Board had long discussions about forested wetlands in the Comprehensive Plan; the issue with Albertson's is different because it had very little public support, a poor mitigation plan, and no approval by St. Johns River Water Management District; and that is why it was denied. She stated this issue shows a positive public interest, has a partnership with a large landowner and the Zoo; and it will be a large asset in the community.

Commissioner Scarborough advised he had a lot of discussions about linear parks; and one thing he heard from people who jog or run is that they do not want paved surfaces and prefer soft surfaces; however, there are roller bladers, bicyclists, etc. who need paved surface; and inquired if it will provide for both functions; with Commissioner Carlson responding the design is not set in concrete yet. Chairman Higgs stated if they use asphalt as opposed to concrete it will help. Commissioner Carlson stated it would generally be asphalt and not concrete. Commissioner Scarborough stated as these issues come in, user groups should be consulted; this park may be a model that will be used in other Districts; and it is an opportunity to bring different user groups in and ask questions. Commissioner Carlson stated they have the consultants and experts who know what should go into a trail, so the County cannot go wrong; but she will keep the Board up to date on what is going on.

Chairman Higgs advised the first page of the Binding Development Agreement talks about the owner/developer shall place a portion of the property described in Exhibit B into perpetual conservation easement; and recommended adding language on page 2 of the mitigation and monitoring plan for South Wickham Retail Center which describes the standards for maintenance if that is acceptable; with Mr. Kamal responding affirmatively. Chairman Higgs stated it will give the County clear expectations of what is expected; and inquired if it is a mixed use district and if the Comprehensive Plan needs to be amended to put it into a conservation category. Zoning Official Rick Enos advised EA zoning is part of the application and would not require a change to the Comprehensive Plan. Chairman Higgs stated it should be a more appropriate land use category and density other than mixed use so it would further perpetuate the idea that it will be preserved forever. Mr. Enos stated it could go into the conservation land use designation, which would require the Board's direction. Chairman Higgs inquired if the applicant is okay with putting the land in the conservation category with EA zoning; with Mr. Kamal responding they do not have a problem with that. Chairman Higgs recommended staff move forward with that.

Ms. Bentley inquired if provisions regarding the pedway will be put in the BDP; with Commissioner Carlson responding yes. Mr. Kamal advised that needs to be done because the BDP was prepared and submitted to the County prior to development of the pedway concept; and they will work with staff to finalize it and ensure it covers all the issues. Chairman Higgs inquired what language would be suggested; with Ms. Bentley responding the language on page 2 of the Report from BSE, Item C, "The granting of an easement or deeding of property to Brevard County for a linear park facility." She stated a sketch is attached to that document that can be used to develop the BDP.

Mr. Kamal advised he wants to clarify one thing on the sketch; it is an issue they struggled with in locating all the property lines, and spoke to County staff about it; and as it progresses south, about half a mile past the old rest area, it goes onto the west property line of the Sawgrass community. He stated there is a commitment from the developers of Sawgrass to cooperate with this project; the developers have confirmed their commitment to do that; but there is also the Azan Temple property before it gets to I-95; and that is reflected in the revised configuration.

Chairman Higgs stated what has been presented to the Board is the entire length of the pedway; with Mr. Kamal responding A. Duda & Sons will grant everything they own, and have received confirmation of cooperation from Sawgrass to continue the pedway all the way to the Pineda Extension. Chairman Higgs stated if the Board makes this Agreement and goes forward with the rezoning, it is going forward thinking it has the entire pedway. Mr. Kamal stated that is their intent; and if for some reason Sawgrass cannot do it, then they would not have approval, so they will work with Sawgrass to make sure that happens and bring it back to the County. Chairman Higgs stated she does not want a deal and has no way to bind Sawgrass. Mr. Kamal stated it would be their responsibility to make sure that happens. Commissioner Carlson inquired if that will be part of the BDP. Chairman Higgs stated the Board is agreeing with what they are proposing which is the full pedway; the zoning and mitigation and everything is based on the full proposal; and if it is not the entire thing, then it nullifies the approval. Mr. Kamal stated they agree with that; it is their responsibility to bring everything they promised back to the County; and they will make that happen, and if it does not, then it nullifies the entire thing.

Ms. Bentley inquired if Mr. Kamal is willing to put a time frame on that; with Mr. Kamal responding they can, but they do not envision moving forward with the development of the parcel until they have that documentation to the County. Chairman Higgs stated a building permit will not be issued unless everything is in place. Mr. Kamal stated instead of a time frame, that should be a condition to place in the BDP. Ms. Bentley advised the applicant has 120 days to get his BDP into the County; and they should be able to work with Sawgrass in that time frame. Mr. Kamal stated that is a fair time frame. Commissioner Carlson inquired if the 120 days needs to be stipulated in the BPD; with Ms. Bentley responding that language is already in the Ordinance; and if they do not meet the 120 days, it is void. She stated the BDP will be drafted to say if they cannot get the easement from Sawgrass the whole rezoning would be null and void.

Commissioner Scarborough stated he would like to look at the BDP before voting on this issue; and recommended the item be tabled. Mr. Kamal stated he has no objection to that. Commissioner Carlson stated it is a complex issue and the Board is owed another look at it given some of the things that have come up. Ms. Bentley suggested getting the signature of Sawgrass developers on the BDP if they are willing to cooperate.

Mr. Kamal stated he senses the Board is satisfied with the overall mitigation proposal, but that they need to iron out some of the details and bring it back before the Board will take a final vote. Commissioner Carlson stated getting Sawgrass to sign off on the complete park system should cover the Board's concerns. Mr. Kamal stated he is sure they will be able to bring that back to the Board.

Chairman Higgs inquired if the Board wants to table the item for two weeks, and if they cannot get the full package by then, it can be continued again.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, 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 23, 2000 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Commissioner Carlson thanked everyone for working cooperatively to get something like the proposed linear park for the community; and stated it is an important first step in partnering with different aspects of the community.

RESOLUTION, RE: APPROVING ISSUANCE OF BREVARD COUNTY HOUSING
FINANCE AUTHORITY OF REVENUE REFUNDING BONDS (MALABAR LAKES
AND PARK VILLAGE PROJECTS)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, approving the issuance of $8,845,000 amended and restated Multifamily Housing Revenue Refunding Bonds (Malabar Lakes and Park Village Projects), Series 2000, of the Brevard County Housing Finance Authority, Brevard County, Florida; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 2000-154.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-1102,
DEFINITIONS OF ZONING CODE TERMS

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Section 62-1102, Definitions of Zoning Code Terms.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-1102,
DEFINITIONS OF ZONING CODE TERMS (CONTINUED)

Ed Fleis advised he has a civil engineering firm that designs site plans and provides services to obtain regulatory permits for many oceanfront condominiums, but has no financial interest or ownership of oceanfront property; he is a member of the Building and Construction Advisory Board appointed by the Board of County Commissioners to review new and proposed changes to Ordinances that may affect the building and construction industry; and deletion of Subsection (3) of the Building Height Definitions was not routed to the Advisory Board for review and comment. He gave a historical account of the building height regulations from 1980's, and how it was defined after considerable thought to local conditions, and to achieve varying architectural appearances. He stated Subsection (2) of the Ordinance allowed for buildings that had sloped roofs so it would not have all flat roofs; and there were several reasons for the definition in Subsection (3) which states, "Where one level of parking is provided under the principal building, building height shall be measured from the elevation of the lowest point of the structure of the first habitable floor to a point defined in either Subsection (1) or (2) of this definition; provided, however, that setbacks, breezeway/visual corridor and fire protection requirements under this Article shall be based on building height as measured from the average elevation of the finished development grade of the building site." Mr. Fleis advised the provision for a parking level encourages covered parking under residential units that provides protection from salt spray, which is a serious condition on the beach. He stated constructing residential units over one level of parking provides protection of native plants on the dunes, which tend to grow to eight feet high, and are primarily sea grapes, sea oaks, and palmettos which are important for habitats and provide the first level of defense against storm erosion. He presented and explained pictures to the Board of several condominiums on the beach with first level living showing absence of native plants, which are removed to provide ocean views, and of first level parking with native plants along the beach. He stated parking under the building decreases open parking and accessory structures that are often provided, decreases impervious paved areas, has less stormwater runoff, and provides more open space. Mr. Fleis stated an item of concern is that there has been minimum public notice and discussion on the item; he does not believe owners of land affected by the proposed change were properly noticed of the potential financial impact of what seems to be a minor change; and it is important that a study be done both on financial and environmental impacts. He stated the height provides for breezeways; if a person builds five stories over parking, there is a breezeway requirement; if the structure is 55 feet high, there is a breezeway requirement of 50%; and if there is no parking level, the breezeway requirement is 40%, so the buildings tend to be narrower. He inquired if deletion of the definition of height with first level parking is in the public interest; and requested the definition remain or be further studied prior to the Board making a decision.

Ben Shoemaker advised there are only five to ten smaller pieces of property available on the beach in unincorporated Brevard County; they are difficult pieces to develop; but he wants to speak on what the implications could be for current condominiums. He reiterated how the building height was determined in 1982 as mentioned by Mr. Fleis; and stated a comprehensive decision was made to establish the height at five stories over garages without a conditional use permit. He stated at the last Board meeting, Commissioner O'Brien did not realize how height was measured and instructed staff, with the Board's agreement, to remove Subsection (3) on building height; and that took a small section out of the Ordinance without considering the whole issue. He stated if Commissioner O'Brien could be asked what his intent was and if it was to limit height in some way, it would be bet to look at the overall height ordinance instead of just taking a section out. He stated they have always maintained that the only reason they ask for additional height is because it is in the Code; and if there was no conditional use permit for additional height, they would not ask for it. Mr. Shoemaker stated if there is going to be review of height on the beach for new development, it should be comprehensive and consider the effect on the environment and other issues; and it should be an overall review of all sections of the Code with public discussion about height to get a consensus from the community instead of deleting one section in a haphazard manner. He expressed concern about the effect of the ordinance on existing condominiums' ability to rebuild on the beach; and inquired if a condominium is destroyed by over 50%, could it rebuild the square footage. Zoning Official Rick Enos advised they can rebuild the square footage; but there is also language that says it should approach or preferably meet all the new regulations. Mr. Shoemaker advised a lot of the condominiums are in potential hazards; because of beach erosion, they are built on the other side of the coastal construction control line; they would have to deal with Department of Environmental Protection regulations as well as County regulations; the building would have to be built back further; so they will have that limitation plus breezeway limitations which offers another confining element on what they could do. He stated the ordinance would also limit those built on top of garages by eliminating that scope; and it would do a disservice to existing owners and could create major problems if major destruction occurs by storms. He requested the Board table the ordinance, consider it part of the whole height issue, and get more involvement to really see how it fits together.

Attorney Ken Crooks with Dean Mead law firm, advised he represents a current developer of a project which was seeking a conditional use permit for additional height on the beach for a condominium; and they are currently in litigation, which is the only reason he has an interest in making a presentation on the proposed change. He stated the change on how the County measures height will have an adverse impact on his client and what will happen as a result of the lawsuit. He stated Commissioner O'Brien simply made the request at the time the Commissioners reviewed the ordinance; and it has not been addressed or reviewed by the Local Planning Agency (LPA).

Commissioner Voltz stated her Agenda Report says the LPA reviewed it on March 20, 2000 and unanimously recommended approval. Planning and Zoning Director Mel Scott stated the LPA considered the ordinance on March 20, 2000, but has not reviewed the modification made by the Board of County Commissioners. Mr. Enos stated the unanimous approval by the LPA was prior to the first consideration of the ordinance by this Board; and at that meeting, the Board directed staff to strike Subsection (3) which was not removed from the ordinance the Board saw in April. Mr. Enos advised the LPA did not see the deletion of Subsection (3), and only saw the changes to the church steeples. Commissioner Voltz stated the way it is written in the Report indicates it had been seen by the LPA and does not say the item was not seen. Mr. Scott stated they saw the ordinance but not the change made by the Board; it happens a fair amount of time when the Board modifies something; and it is not sent back to the LPA because the Board has the ultimate approval or denial authority. Commissioner Voltz stated she understands that, but the Report should have included that the item was not seen by the LPA. Mr. Scott noted they could have made it clearer.

Mr. Crooks advised the particular provision was not addressed under the ordinance reviewed by the LPA, so it is a new proposal that has not been reviewed by anyone at this point; that is a problem from a notice standpoint; and it is not a definition change or clarification of a definition; it is an elimination of one story of height for any future applications. He stated it will have an adverse impact on existing buildings which have under building parking that is within one story of the maximum height because they will become nonconforming; and they could have financial problems, limitations on changes, limitations on being able to resell those properties, so any hotel, condo, high-priced oceanfront residences will be affected without knowing about it; and there is no grandfather provision in the ordinance. Mr. Crooks stated there are applications, including his clients that are pending which will be adversely affected by enactment of the ordinance; and that is not equitable at this point. He stated there has been no analysis of the impact; that needs to be done, not only by the LPA, but other agencies the Board has established as Mr. Fleis indicated; and it may have been a well-intentioned recommendation by Commissioner O'Brien, but in fact it was directed at his client in many ways. He stated it should be reviewed by the LPA, other agencies, and be looked at in an overall perspective of what impact it will have on existing properties and future applications for buildings along the oceanfront.

Chairman Higgs requested the County Attorney address the issue of amendments that have gone to the LPA and come back to the Board which made further changes; and if it is done frequently; with Ms. Bentley responding yes, and the Board directed that ordinances be advertised in a very broad manner so it would have flexibility to make certain changes because it had problems with very specific ads and could not change anything. Chairman Higgs inquired if the Board met the legal requirement of having it advertised; with Ms. Bentley responding yes. Chairman Higgs stated the issue of height with a parking level would benefit from further review by the Building and Construction Advisory Board; and it should be looked at in the broadest context. She stated the Board may want to limit the total height and get rid of the conditional use permit because it had difficulties with that in the past, or study it further as it may have great merit; and there were implications that the Board does not know what it is getting into if it adopts the definition today.

Commissioner Voltz recommended the ordinance be sent back to the LPA and Building and Construction Advisory Board for a public hearing. She stated Mr. Shoemaker is correct, that if additional height is in the Code, they will apply for it; that has been a problem; and if it is not in there, people would not apply for it, and the Board would not end up in court if it is denied. Chairman Higgs stated review standards for CUP's have changed as the courts have looked at them over the years; in 1985 the CUP gave the Board flexibility to look at particular conditions; but standards have changed.

Commissioner Voltz recommended staff put issues in the Agenda Report in the future if they were not reviewed by the LPA. Chairman Higgs stated the Board knew it made that change; with Commissioner Voltz responding that was several weeks ago; she did not remember it; and she did not go back to see if the particular item was approved by the LPA, as it is a waste of time then staff could put it in the Agenda Report.

Commissioner Carlson stated direction to the various Advisory Boards should include to seriously look at why there is a conditional use permit for additional height; every time a CUP came up, there were a lot of comments from the public; so they may be telling the Board they would like to limit the height on the beach so they can see the beach. She stated it is getting tight along the beach off A1A between Melbourne and Eau Gallie Causeways, except for Satellite Beach. She stated if the Board feels a major change in an ordinance needs to go back for review by the LPA, it should use that agency and the advisory boards that deal strictly with those issues; but she does not think the Board realized this was a big change.

Chairman Higgs stated she realized it, but knew it was advertised; however, if it goes back to public hearings and through the process, it may be recommended for less height by the community as opposed to what it has today. She stated while the Board has people from the building community saying do not pass the ordinance today, the Board may find considerable opinions as it goes back through the process. Commissioner Voltz stated that is not the issue, the issue is it was not discussed by the LPA.

Commissioner Scarborough recommended passing the ordinance except for Subsection 3 rather than sending it back to the LPA at this time; and have staff come back with recommendations on the CUP issue dealing with height, then send it to the LPA at one time.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1102 by adding or amending definitions; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances, as amended, to not include Subsection (3). Motion carried and ordered unanimously. (See page for Ordinance No. 2000-30.)

Commissioner Scarborough recommended staff be directed to report on the different options for dealing with building height on the beach. Chairman Higgs suggested it be done in a more comprehensive manner. Commissioner Voltz inquired if it will go to the LPA; with Commissioner Scarborough responding after the Board makes a determination of where it wants to go with the building height issue.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to report on different options regarding building height on the beach. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-1841.5(2),
KITCHENS IN ACCESSORY STRUCTURES IN RV PARK DESTINATION RESORTS

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Section 62-1841.5(2), regarding kitchens in accessory structures in RV Park Destination Resorts.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1841.5(2), so as to permit kitchens in certain accessory structures located in recreational vehicle park destination resorts; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously. (See page for Ordinance No. 2000-31.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-1188(8),
INCREASING REZONING OPTIONS FOR NONCONFORMING LOTS OF RECORD

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Section 62-1188(8), increasing rezoning options for nonconforming lots of record.

Commissioner Scarborough advised this is a District 1 item; it has been discussed a number of times; and if there are no questions, he will move approval of the item.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1188(8) by increasing rezoning options for nonconforming lots of record; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously. (See page for Ordinance No. 2000-32.)

Commissioner Scarborough stated Zoning Official Rick Enos requested authorization to proceed with administrative rezonings as discussed with various people.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to proceed with administrative rezonings as discussed with various property owners. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CONSTRUCTION OF GRAND
HAVEN SUBDIVISION ENTRANCE ROAD

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider Road and Bridge performing the construction of Grand Haven Subdivision entrance road. Motion carried and ordered unanimously.

RESOLUTION, RE: LOCAL OPTION FOR SELECTION OF JUDGES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution calling for a special election to run concurrently with the General Election on November 7, 2000, on the question of whether Circuit Court judges and County Court judges will be selected by merit selection and retention. Motion carried and ordered unanimously. (See page
for Resolution No. 2000-153.)

Commissioner Scarborough requested the County Attorney explain the item; with Assistant County Attorney Eden Bentley responding the Constitution was amended to provide that there will be an election this year as part of the General Election as to whether or not County and Circuit Court judges should be selected by merit and not go through the process. She stated the Governor would appoint them, and they will remain in that slot unless in election year there is vote that they not be retained similar to the Appellate Court level.

Chairman Higgs stated it will go to the voters.

CONTRACT WITH DEPARTMENT OF REVENUE, RE: CHILD SUPPORT ENFORCEMENT
SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Contract with Department of Revenue for service of process Title IV-D child support enforcement cases not to exceed $129,000 from July 1, 2000 through June 30, 2003. Motion carried and ordered unanimously. (See page for Contract.)

EXECUTIVE SESSION, RE: DOWNEY v. BREVARD COUNTY

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to schedule an executive session on May 16, 2000 at 4:30 p.m. to discuss strategies relating to litigation of Downey v. Brevard County (Mullet Creek Islands). Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING DRAW FROM TAX EXEMPT COMMERCIAL
PAPER PROGRAM FOR MSBU PROJECTS

Commissioner Scarborough advised he does not have a problem with this item; commercial paper is a fluid instrument for borrowing and easy to use; interest rates appear to be moving up; and as they do, the Board becomes vulnerable. He inquired how much does the County have in commercial paper loans; with Management Services Director Stockton Whitten responding $14.8 million total. Commissioner Scarborough stated another issue is the bond financing Charter amendment referendum which has not been resolved; and suggested Mr. Whitten address what would happen if the amendment passed. Mr. Whitten advised the latest information he received from Bond Counsel is that if the amendment prohibiting bonding passed, the County could not continue to roll over commercial paper; so it would have to convert commercial paper to other loan sources. Commissioner Scarborough stated the Board has used commercial paper to keep the County in a liquid position; it is often unknown what a project will cost; and the commercial paper program allows the County time before getting into the bond market. He stated as the Board contemplates how it will deal with the referendum, and the public contemplates the language on the ballot in November, they all need to understand that Brevard County is going to be less flexible in handling financial needs.

Chairman Higgs advised projects currently under the commercial paper program are water lines, MSBU's, and those types of projects that are small; once a number of them are accumulated, or if the rates are rising, it probably would be appropriate to move into another type of instrument or at least review the issues. She inquired if Commissioner Scarborough is indicating direction to the Clerk's Office and Finance Department to get the projects into a permanent instrument; with Commissioner Scarborough responding no, he would like to do business as usual right now, but look at different things and be mindful that this discussion may not occur next year. Chairman Higgs inquired if it is time to convert the commercial paper into a permanent instrument as interest rates are rising; with Finance Director Stephen Burdett responding he contemplated whether to leave the commercial paper for MSBU's with variable rates, as MSBU's allow for variable rates to be passed on to the benefitters, or to take them out for a bond; there is cost in taking them out for a bond; and there is no great benefit unless the Board wants to fix the rate for those people. He stated if the variable interest rates skyrocket, that is something the Board should consider; however, historically they do not stay up very long and will come back down to a low competitive rate because they are basically 30 to 90-day papers. Chairman Higgs inquired if Mr. Burdett is not recommending putting those into a financing instrument; with Mr. Burdett responding not at this time; and he understands that the referendum issue would exclude MSBU's from having to go to the voters since the people approve the projects anyway.

Commissioner Scarborough stated the Board needs to be mindful of how its business can change with certain things like interest rates; staff is always doing analyses of whether to convert or not, so the Board does not need to ask Mr. Burdett to do it; and they will come to the Board when it is time to reconsider the financing.

Commissioner Carlson inquired when is the bond financing referendum Charter amendment coming back to the Board; with Commissioner Voltz responding May 23, 2000. Commissioner Carlson encouraged the public to research the issue, be aware of the potential consequences and impact to the County and Board, and come to the meeting to discuss it.

Commissioner Voltz requested information on the percentage of the total budget that pays for bonds and commercial paper debts compared to other counties in the State. She stated Financial Advisor Tom Holley said the County's bond debt is very low in comparison to other counties; and she would like to have that information from Mr. Burdett or Mr. Whitten and the average length of time for commercial paper loans. Mr. Burdett stated the commercial paper loans average two or three years; some will mature in 2000 and a few may go out to 2003 and 2004; and the maximum they can go depends on the term of the line of credit with First Union Bank. Commissioner Voltz inquired if they are refinanced for longer periods; with Mr. Burdett responding when they mature, they are usually rolled over unless the intent is to pay them off; and some operations set aside money to pay off part of it which is put into it when they roll the money over.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of not to exceed $243,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement between the Commission and the County in order to refinance a portion of a loan previously made to the County to finance certain costs and expenses related to the acquisition and construction of various capital improvements; authorizing the execution of a Loan Note or Notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date.

Commissioner Scarborough stated he wants to respond to the overall desire to allow people to determine how much debt the County will have, but at the same time, they need to be aware of certain restrictions that can impact day-to-day operations. He stated it would be beneficial to get the report Commissioner Voltz requested. Chairman Higgs stated that information is in the front of the budget book so it is available. Commissioner Scarborough stated it should be extracted. Commissioner Carlson indicated there is information that covers all counties and the amount of debt all counties have. Chairman Higgs stated the budget summaries are available at the libraries.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. (See page for Resolution No. 2000-155.)

The meeting recessed at 10:54 a.m., and reconvened at 11:07 a.m.

RESPONSE FROM NATHANIEL PILATE, CHAIRMAN OF NORTH BREVARD HOSPITAL
DISTRICT BOARD, RE: POSSIBLE ISSUANCE OF GENERAL REVENUE BONDS

Nathaniel Pilate, Chairman of the North Brevard Hospital District Board, thanked the Board, on behalf of the District Board, management, physicians, staff, and volunteers of Parrish Medical Center, for the opportunity to discuss the recent decision regarding financing of the new facility. He stated on May 1, 1999, the District Board voted overwhelmingly to issue revenue bonds to finance construction of the new hospital; and the division of revenue bonds to cash will be approximately 70% bonds to 30% cash to construct the $80-million facility, which includes the cost of new equipment. He stated the decision to issue bonds does not affect taxes paid by the residents of North Brevard; there will be no tax increase now or in the future as a result of the issuance of the bonds; but the action taken by the Hospital Board enables the Hospital to serve the public in two distinct ways. He stated it will create a new 210-bed facility with equipment that is on the cutting edge of technology and with patient services that promote a healing environment; and it will permit the hospital to maintain approximately a $50 million fund to keep its bond rating high, serve as a contingency fund, and be reinvested to earn additional funds for health care programs and services. Mr. Pilate advised early in the planning process there was much discussion about the feasibility of paying cash for the construction of the new facility; however, that was never a firm commitment by the Hospital Board; and to do what they believe to be the best thing for the people served by Parrish Medical Center and to take action that represents sound business practices, they began to investigate possible alternatives. He stated the process included creation of an ad hoc committee to review various options and make recommendations to the Hospital Board. He stated the committee held a series of meetings assisted by consultants selected by the Hospital Board; those meetings were open to the public; and there were a total of six meetings where the public could have provided comments and given the Hospital Board their input. He stated at the end of that process the Committee gave the Hospital Board its recommendation on a financing plan which was adopted by the Board on May 1, 1999; and a key element in the Committee's decision-making process was review of data provided by the Chief Financial Officer of Parrish Medical Center, who took the 1999 revenue and expense data and extrapolated it out for four years using assumptions which were reasonable and valid to depict best case and worst case scenarios. He requested Chief Financial Officer Tim Skeldon share with the Board a summary of the data.

Parrish Medical Center Chief Financial Officer Tim Skeldon advised a lot of work went into gathering the data they presented, and a lot of work was done before they decided to go into the financial project; and they worked with bond counsel to see if it was feasible to issue bonds, and what the implications would be to the residents and the County if they decided to issue bonds. He reiterated there will be no tax increase to the citizens to implement the financial plan since they are revenue bonds; and there is no new debt being added to the County that will affect the County or City in any way in their ability to borrow money, because it is strictly based on revenues generated by the Hospital. He stated the assumptions on the revenue side, is projected an 8% increase, which is about what they usually run as far as a rate increase annually on their revenues; and the other portion is a 2.5% increase in volume in fiscal years 2001 and 2002, and 3.5% in fiscal year 2003. He stated the Hospital does not collect what it charges; there are a lot of contractual arrangements; they collect approximately 65% of what they charge out to Medicare and Medicaid, etc. which do not pay 100% of what they are billed; so they anticipated they would collect half of the 8% increase, which is less than the 65% they are currently collecting. Mr. Skeldon advised for operating expenses, they anticipated the continued trend of 4% increase; they used historical data and trends for increases they would experience for bad debt; and investment income was projected at 6.5% on approximately $72 million, which is important when they get into what it will cost to pay for the bonds and the scenarios they looked at. He stated the balance sheet items impact how the cash flow works for the Hospital; a lot of the increases they anticipated were based on historical data and trends they have seen over the last several years; and that is the best case scenario. Mr. Skeldon advised the assumptions for the worst case scenario assumed no rate increase and only volume increase which would keep the revenue flat; and the only increase they would have would be driven by the volume increases they have seen historically. He stated the other key point is the operating expense; and with revenue being flat, they will manage expenses accordingly and would not increase salaries as much as they have in the past and other things to manage costs projected at 2% increase. He explained the slides of how the numbers and assumptions rolled out and what the impacts were with the best case and worst case scenarios. Mr. Skeldon advised they looked at three different options--(1) spend the money, (2) issue variable rate revenue bonds, and (3) issue fixed rate revenue bonds. He stated the variable rate revenue bond interest was about 4%, then they would have to pay 100 basis points which is 1% for remarketing cost and the letter of credit which is a requirement with variable bonds. He stated the fixed rate bonds do not have that cost because they know what the rate will be, and a letter of credit to cover the cost of the bonds is not needed; and under each scenario, the net revenue was not impacted. He noted based on 8% increases and volume increases are how those numbers were arrived at. He stated the next slide is operating expenses; the increases between spending the money and the bond issues is the interest costs; and that is the only difference on that item. He advised the next item is where their interest income is recorded on the non-operating income side; under the bond issue they have more income coming in because they would not spend the money; and the final slide shows the expense and net impact under those scenarios in 2003. Mr. Skeldon stated if they issue variable rate demand notes, they would end up with $1 million ahead; with the fixed rate they would almost equal that amount from an income statement standpoint; and the final synopsis is where they will end up at the end under the best case and worst case scenarios if they spend the money and what the impact would be on their balance sheet.

Chairman Higgs advised their ten minutes are up; and Commissioner Scarborough suggested allowing them to complete the presentation since it is the last item on the Agenda.

Mr. Skeldon advised he will walk through where they will be and how much cash will be available and where they would stand from a long-term bond debt structure standpoint. He stated they will end up with less cash; however, they have the bond issue outstanding; and if they subtract out the bond issue, they end up with roughly $47 million under variable rate demand, which is $7 million better off than if they spent the money. He stated they would end up with $41 million under the fixed rate scenario, which is slightly ahead of spending the money scenario.

Commissioner Scarborough inquired if the Hospital is pledging or committing the cash as part of the bond issue which the County does with enterprise funds to get a better interest rate; with Mr. Skeldon responding they have not gotten into the final bond issue determination of whether they will go with variable or fixed rate or how much money they will use; and that would depend on the covenant whether the creditor will require the Hospital to set aside money or not. Commissioner Scarborough stated they look at reserve funds when going through the analysis of a bond issue. Finance Director Stephen Burdett advised bond counsel advised they have to take into account all the money that the Board has in a certain operation such as Solid Waste and what the long-term plans are for using those funds when they go out to size a bond issue; and that is generally how it applies to all tax-exempt bonds. Commissioner Scarborough inquired if it impacts the rate and interest rate; with Mr. Burdett responding what impacts the rating is the revenue source; in Brevard County, they look at, for instance, the Water and Sewer Department's annual revenue over operating requirements, as well as reserve requirements for capital improvements and how they meet all those requirements; and Brevard County is at 117% which is good. Commissioner Scarborough stated Mr. Burdett is talking about revenue and he is talking about cash reserve; with Mr. Burdett responding he does not know that bonds really look at cash reserves; he has not run into that with Brevard County; but they look at Brevard County's General Fund. Commissioner Scarborough stated Dick Rabon said how much money he has in reserves is part of the discussion and bond covenants. Mr. Burdett advised when a bond is issued, there is a reserve requirement; it is usually 10% of the bond issue; and it can be funded through current cash or made part of the bond issue, which would not be used for capital improvements and will sit in reserve. Mr. Burdett stated there is another option of going to a financial institution and getting a line of credit and paying an insurance premium to support the bonds while they are outstanding. Mr. Skeldon stated it depends on the type of debt issued; and they are only required to do a debt service reserve fund if they have a fixed rate. Commissioner Scarborough stated his thought is if they have a substantial reserve and it will be very substantial, they should be able to go to the market on a more favorable basis. Mr. Skeldon stated that is where the Hospital is right now; and part of the reason why they want to take advantage of the opportunity is if they wait until after they do the project and spend all the money and things change drastically, they could end up with $34 million then have to try and borrow $60 million which would not put the Hospital in the same position it is in today. Mr. Skeldon stated now is the opportunity to take advantage and market themselves to get the best interest rate. Commissioner Scarborough inquired where is the Hospital in the process and is it working with a bond consultant; with Mr. Skeldon responding they have a bond counsel and financial consultant to help put together some of the numbers to determine what the interest rate would be and how to go about getting a rating which will determine what the interest rate will be, and then they can make a decision whether or not to continue the bond process. Commissioner Scarborough inquired who is the consultant; with Mr. Skeldon responding Bank of America.

Mr. Burdett inquired if bond counsel has been active in the bond issue; with Mr. Skeldon responding bond counsel is somewhat involved only to a standpoint of giving direction whether or not it is able to address some of the issues and concerns out there and some guidelines on the legal ramifications of variable and fixed rates. He stated bond counsel is waiting until the Hospital Board decides which way it will go, fixed, variable, or a combination; and that part is still up in the air. Mr. Burdett inquired if bond counsel advised the Hospital about federal requirements; with Mr. Skeldon responding yes, they were involved for all of that to make sure the Hospital could do the deal; and all their legal advice has been whether or not they can do the deal legally and how to structure it so they do not run into arbitrage issues.

Chairman Higgs inquired who is the bond counsel; with Mr. Skeldon responding Foley, Lardner; and the person they are working with is Chauncey Lever.

Commissioner Scarborough stated his understanding is positive arbitrage applies only when what is borrowed is in excess of what will be used, and they earn a positive return that is not tax exempt, but the loan is tax exempt, so they do not get a positive flow on what they borrow, but on what they have already. Mr. Burdett stated that is true, but bond counsel advised that a formal plan of what they would do with the cash is needed; they cannot just keep cash because they want to; and the federal government takes that into account when determining if it is qualified for tax-exempt bonds. He stated they cannot issue tax-exempt bonds to get positive arbitrage; that is not the way it goes; so the Hospital has to have plans for that money.

Mr. Pilate advised he wants to address the referendum issue. He stated Section 11.D, Article VII, of the State Constitution allows revenue bonds to be issued by the State or its agencies, without a vote by the electors, to finance capital outlay projects; according to the laws that govern those issues, any referendum would be non-binding; and the only referendum that would be binding is if the Hospital Board initiated a referendum to raise taxes for hospital-related issues. He stated neither the Hospital Board nor the residents of North Brevard want or need a tax increase; as a result, there is no need for a referendum; they feel it would be a retreat from their responsibility if they were to make the easy decisions; and they accept the tough decisions as going with the territory. Mr. Pilate stated that is a viewpoint shared by the Mayor and Vice Mayor of Titusville who were at the May 1, 1999 meeting to tell the Hospital Board publicly that they view the matter as one within the sole authority and responsibility of the Hospital Board, similar to what the Board of County Commissioners has done by issuing revenue bonds within the past few months of more than $80 million, including $39 million in January, 2000, maturing 20 years, for Road and Bridge Construction, paid for by gas taxes, $40 million within the last two months for Road and Bridge again paid for by gas taxes, and $2.4 million Airport Authority bond issue in August 1999, none of which were put to referendum. Mr. Pilate stated the Board, in a letter to the Hospital Board on April 17, 2000 referenced the possibility of a referendum to decide this issue; in deference to the request, he made a point of putting the issue on the agenda for May 1, 2000; and it was defeated by a 7 to 1 vote. He stated the Hospital Board members take very seriously their responsibilities of serving the people of North Brevard; they work hard with hospital management to be good stewards; and they feel a deep level of commitment to fulfill those responsibilities to the best of their abilities. He stated when the Hospital Board makes a decision regarding investment policies or other actions involving hospital operations, they do not put it to public referendum, yet Parrish Medical Center is the most financially-stable hospital in the area. He stated they believe their recent decision represents sound public policy and makes good business sense; and thanked the Board for the opportunity to share it with the Board and that they would be pleased to answer any questions.

Bea Polk advised when people are appointed or elected, who do not believe in the American way of the vote of the taxpayers, they are not telling the truth when they say the people will never be taxed; all they have to do is go to the Legislature and get a few votes and put the Hospital back on the tax roll; and when they say never, they are lying, because they have changed everything since the law was written every time they want something different. She stated they keep telling the people what they are going to do, but there is nothing concrete; she has seen nothing except what the consultants did; and inquired if the Board was told who the real consultant is. She stated there were three companies; and the first two, which were rated above Nabors firm, did not get it, but he got it. She stated the whole thing makes her wonder; why they are not going to put the money aside to ensure the bonds are paid off is because the money is going to be taken by the side-by-side corporation; and they are building and building for that private corporation. Ms. Polk stated the corporation was supposed to get doctors so they can pay them to come in and they can pay it back if they leave; the Hospital can give them some if they would check their doctors out; and it was just to get the money away from the taxpayers. She stated they talked about the City Mayor and Vice Mayor; requested the Board pull the Vice Mayor's campaign funds and see how much money has been given by the same group; and stated the taxpayers think it is a buyoff, and her speech made them sick. Ms. Polk advised she got to the meeting early and was next to the last to sign up because all the speakers were mostly Hospital employees; two employees said they signed up because they got time off to appear at the meeting; so something is very wrong. She stated the taxpayers could not get upstairs and finally left because they knew there was nothing they could do. She stated when people are scared of the vote, something is wrong; one board member said he had 300 people; and she checked the meeting he went to and there were only 20 people. She stated she talked to people who were promised the Hospital would take the money that was being put up to build the new hospital; she told the Hospital Board to fix the old hospital and was told they had the money to build a new one and did not have to go in debt; and that was another lie told to the public. She stated they do not want a vote of the public because the public would not have voted to go in debt for $60 million; Titusville residents cannot pay their sewer and water bills now; and it is time for the Board to help the taxpayers of North Brevard by putting in its next legislative package anything that is brought up by the Hospital Board for that kind of money will require a vote by the taxpayers. Ms. Polk stated everybody at City Hall was told they were going to sell the Hospital and no one would have a job; and if they have to use that kind of tactic, there is something wrong. She suggested, when the Board appoints members to the Hospital Board, they be asked questions and made to stand behind them; and a politician who makes promises and does not stand behind them should be charged. She stated they are told one thing then it is voted the other way; the taxpayers never had a choice on the spending of that amount of money; people she interviewed said if it came down to losing the Hospital, they would pay taxes; and that is the type of people who live in North Brevard. She stated three members of the Hospital Board told her they voted for it because it was going to pass anyway; and inquired if that is the type of people the Board appointed to the Hospital Board. She said they told her they would not vote for it when she asked them; and requested the Board think about what has happened to North Brevard this year when it considers appointing people to the Hospital Board again.

Nelly Strickland exhibited a stack of documents of requests for public information during the merger process; stated there were little remarks noted on them to sell her a copy at 15 cents; and most of them she could not get until she got Lawton Chiles involved who got the Attorney General involved, and then the Hospital started speeding up a bit; however, the opinion poll did not come to pass because they do not want that known. She stated it is conclusive proof that they were told lie after lie after lie which turns her off to a degree that she could scream in someone's face just like she was screamed at. She stated she has faxes from every department in the Hospital, including Administration; she knows many of the people, some of the doctors, and the lab; and she is upset after hearing all the baloney. She stated to counter some of Mr. Pilate's statement about 210 beds, she knows they have a commitment for 150 beds and no more; so there is no point in discussing things when they tell those kinds of stories. She inquired, if the plan was to pay for the hospital with the cash on hand, why did they invest in long-term bonds; and that is dumb and malicious forethought. Ms. Strickland advised a party was held for Sharon Lawson-Young at $500 a couple; so they buy people. She stated they are scared of a referendum or they would do it because that would be the humane thing to do. She stated they asked for the meeting at City Hall so it could be taped and the general public could see them; the Hospital Board did not want that at all; it took some hassling, but they got it done; and she received two phone calls that day letting her know that Hospital employees were told to be at the meeting early. She stated the meeting was a scam thought up by a professional scam artist; when average citizens, who are not paid by the Hospital or do not benefit in any other way from the Hospital, arrived there were no seats left except in the front row that had reserved signs on them; and she removed a sign and sat down in her City Hall in a place reserved for she does not know who. She stated a not-so-nice person told her she could not sit there; she answered that there were no reserved seats at City Hall as it is a public building; and that person whooped and hollered, but she stayed where she was. She stated the employees sang the praises of the Hospital Board; they had signed up first and were told to be there; they would not say the Hospital Board stinks and would say how lovely they are because they sign the paychecks which is a very unfair thing; and she was told five of them read speeches written by management, which she believes because the faxes are very similar in verbiage structure. She stated on and on they came, one after the other; she and others who have watched many meetings of the Hospital Board questioned the motives; and asking questions of that board, put them on the wanted list to be shunned and maligned. She stated she is not a crook, liar, thief, or a woman of loose morals and wants that known; Mr. Pilate let the job of Chairman go to his head; he was rude to those he did not want to hear, and interrupted them, telling them to stick to the point, etc.; but the employees were allowed to talk longer than the time limit. Ms. Strickland stated the Hospital has $80 million that has been advocated for years as the construction money for the new hospital; now the Board, under the able leadership of Rod Baker, has decided it will be better to invest; insurance companies and Medicare are predicted to pay less in the future; there will be socialized medicine; so she asked who will pay for the bond if the Hospital cannot do it; and the answer from Mr. Pilate was the Hospital. She stated it is a 30-year bond; the Hospital is likely to be put back on the tax roll; it will only take a few legislators being bought which is done with regularity to have a little law passed; and the people will be stuck again. She stated she heard there is a 1% per annum finders fee for the bond issue; somebody or bodies will get that she heard; of course it was denied; but offshore accounts and other measures can be taken. She stated a $60 million bond over 30 years would be $18 million that somebody will get fed; and the citizens will not see any of it. She requested they pay for the Hospital as they planned for years, and stand up and be human beings instead of henchmen and weasels to CEO Rod Baker.

Chairman Higgs advised Ms. Strickland's time is up; and inquired if the Board wants to give her another minute or so since other speakers were allowed additional time; and the consensus of the Board was affirmative.

Ms. Strickland inquired why were the employees ordered to come to the meeting early; it was to avoid the average John being accommodated there; the people have suffered too long with management that would go to any length to get what they want; and they rigged the meeting. She stated too long has the City suffered from their activities; she asked that Rod Baker resign and he yelled at her in public to get out and that she belonged in a hospital; and she wonders who really belongs in a hospital. She stated she told Harry Jones, the attorney for the Hospital Board, that he would have to admit that she had a perfect case for suing Rod Baker, and he sadly nodded; but she did not sue him because the taxpayers would have to pay for it. She stated Mr. Baker has delusions of grandeur in her opinion; and when she sees the Chairman and CEO run people around, she thinks it has gone to their heads; so she would say to Mr. Baker to go back to West Virginia, specifically Beckley, where night robbers come down the hills, stop cars, kill people, and take their possessions. She stated Mr. Baker worked there and may have seen some still alive victims when they came to the hospital where he worked. Ms. Strickland stated the latest event in the Emergency Room is a fact of life; someone called a friend saying he felt bad and was having awful pains and to please pick him up.

Chairman Higgs advised Ms. Strickland to wrap up her comments. Ms. Strickland stated after listening to all the garbage, she feels she has a legal right to speak. Chairman Higgs advised Ms. Strickland she was given additional time and now needs to wrap it up.

Ms. Strickland stated the person had pains of a heart attack; he was helped into a wheelchair at the door and pulled into the lobby; the man who brought him to the Hospital went to park the car; and when he returned, the man was still sitting in the lobby. She stated the friend asked that he be seen by a doctor; they could not do it because there was no intake nurse; they probably were at the meeting if it coincided with the same day; and inquired why was there no intake nurse in the Emergency Room. She stated that is cruel and life threatening; and that is why she has no use for the whole business. She stated the friend insisted the man be taken back and be seen by a doctor; that got the security man on his neck, but the patient was finally taken back and his friend was allowed to go in there with him. She stated a little later two policemen came to take him out; and for all of that the Hospital Board needs to float a $60 million bond issue. She requested the Board get rid of Rod Baker, his tactics and his cronies and get a real hospital administrator; advertise for the job like it should have been done and was not; and clean house because that Hospital is not safe and she would not go there. She stated if she has to have surgery she would go to St. Luke's Hospital and not Jess Parrish Hospital because her life would not be safe there. She stated after hearing all the garbage and seeing the face of the man who spittled on her, she thanks the Board for its patience and tolerance; and presented cookies to the Board.

Chairman Higgs thanked Ms. Strickland for the cookies, and Messrs. Baker, Pilate and Skeldon for taking the time to present the issues to the Board.

Commissioner Carlson advised she does not know much about Parrish Medical Center, but the Board has been given a lot of information on numerous occasions; and this is the only opportunity to have face-to-face discussions on a lot of the issues that have been brought up both financially and regarding care of individuals at the Hospital. She requested an explanation of the audit process and when it occurs; with Mr. Skeldon responding audits occur annually at the end of the fiscal year; the Hospital has gotten clean management letters; and this year there was nothing that needed to be fixed within the organization from a financial standpoint. Commissioner Carlson inquired if the Hospital is rated in terms of quality of care; with Mr. Skeldon responding they go through a joint commission accreditation where they audit all hospitals every three years; Parrish went through it in August, 1999; and it received a commendation, which is the highest rating with no type-ons. Commissioner Carlson stated the Hospital has its own beliefs on how it should finance the new facility, and she has no problem with that; however, she has an issue with quality of care, and heard a lot of input on that. She inquired if the Hospital does assessments of care of individuals to see where it needs to improve; with Mr. Baker responding many years ago they got consultants, physicians and nurses to come in and say they need a process of internal review; and they were one of the first in this part of the country to have a medical staff review committee. He stated what that is, is each department of the medical staff reviews cases; they have a department they formed with a certified risk manager who has a staff of registered nurses and licensed practical nurses who do concurrent review which is review of every chart while the patient is in the Hospital; and that information is fed to a physician reviewer. He stated none of the physicians work for the Hospital; they are independent physicians who have privileges; they have their internal review that goes to a committee so that each department, whether it is surgery, medicine, pediatrics, family practices, and others, all report together at the meetings; so if something is going on in surgery, the other physicians are allowed to review it and make sure there is a standard of quality; and that report goes to a committee comprised of board members, medical staff, management, and clinicians. He stated there is also a peer review and risk management review at the board level; any time a member of the board can review the activities of peer review and risk management; and that is the organizational structure that has been in place over 10 to 12 years to do the quality review. Commissioner Carlson inquired if there are specific areas they know need improvement and do they have a plan to improve those areas; with Mr. Baker responding yes, but since it is discussed in risk management review, he cannot give specifics, but can say the industry in general is addressing patient safety, for example hospital acquired infections, mistakes in medications, and those kinds of things that happen nationwide; and they are addressing those through specific committees. Mr. Baker stated one of the things the Joint Commission has been real concerned about, and he has a great deal of concern about is patient restraints; it is reported at every monthly meeting of the board; one of the things the industry was doing was restraining patients unnecessarily; and they have worked with the medical staff to correct that problem.

Commissioner Voltz advised there were accusations made here and on public television, which someone needs to address; and while the sole responsibility for the bond is on the Hospital Board, there are questions about the consultant that was chosen. She stated it appeared to be underhanded as the first two firms were not chosen; and requested clarification of why the third firm was chosen, the 150 beds compared to 210 beds, and employees going to the meeting early. Mr. Baker advised he had nothing to do with some of those, but can address the legal consultant selection. He stated the Hospital Board charged him with issuing an RFP; he came up with ten legal firms that were eminently qualified to do the work; a subcommittee narrowed that down to five; they were interviewed; and at the February meeting he was asked which he would prefer. He stated he responded that while all the law firms were acceptable, if it was left up to him, he would rather work with someone he had already worked with; and the Hospital Board stayed with that recommendation of the firm Mr. Skeldon mentioned earlier. He stated the financial consultant was selected by the Hospital Board at his recommendation; and any further consultants will be selected by the ad hoc committee. Commissioner Voltz inquired if it is normal for Mr. Baker to make the recommendation; with Mr. Baker responding it is normal if the Hospital Board asks for his recommendation. He stated about half the time the recommendations are accepted, and half the time the board makes its own choice. Mr. Baker advised the second question was the 150 beds versus 210 beds; there is a certificate of need process; if they lower the number of beds and give them away, the chances of getting them back in five to twenty years would be difficult; so the Board made a decision to maintain the 210 bed count. He stated operationally they will staff for around 150 beds, but will be able to add staff for 210 beds in case of an emergency or as time goes on and the population of Titusville increases. Commissioner Voltz inquired if the C.O.N. is 210; with Mr. Baker responding if they do not change bed count and stay within a three-mile radius, they do not need to apply for C.O.N. and go through that lengthy process; but if they were to move the Hospital to the other side of town, add or delete beds, and add or delete services, they would have to go through the C.O.N. process. Commissioner Voltz inquired how many beds are allowed currently; with Mr. Baker responding 210 beds is the licensed capacity. Mr. Baker advised the statement that employees were told to go to the meeting early and take time off which they would be paid for is wrong; he had nothing to do with that; and it is a misconception. He stated in retrospect, he feels they may have thought that it was such an important issue, because people were going to City Council, statements were made that the Hospital was going to be sold, and there was a chance that it could be an outside company, which the different members of the Hospital Board rejected a few years earlier; so employees were quite concerned; and they were told that if they wanted a seat, they should get there early because the Council chambers is limited. He stated, as Ms. Strickland said, there were people overflowing into the street, so there was a lot of interest. He stated there was a lot of discussion about whether the board had time to hear everyone; but as it turned out, everyone who signed up to speak pro or con was allowed to speak for three minutes, and some beyond three minutes. He stated that is his knowledge of that situation; and the operation of that meeting was not within his realm of responsibility.

Commissioner Voltz stated the Board has people come before it on a regular basis regarding the Hospital. Mr. Baker stated he thinks it is the same people. Commissioner Voltz stated there is a perception that there is a little bit of dishonesty and underhandedness, etc.; and encouraged Mr. Baker to cooperate with the general public when asked for information because if he tries to withhold it or does withhold it, it leaves thoughts that he is doing something that is not right. She stated if Mr. Baker does not want that perception and wants to break it, then she would encourage him to work with the public. Mr. Baker noted that is good advice.

Commissioner Carlson inquired about the time line for bonding; with Mr. Skeldon responding they are looking at potentially issuing bonds in August, 2000 if everything works out to be beneficial for the Hospital. Commissioner Carlson inquired when would they break ground; with Mr. Skeldon responding they have already broke ground and are moving ahead with the project; they started expansion of their central energy plant, brought in dirt to bring up the levels to withstand a level 5 hurricane; and awarded the bid for the steel part of the project. Mr. Skeldon stated there are several phases to the project; they have not selected a general contractor for construction of the full building yet; but they are moving ahead and spent about $10 to $12 million of its own money which should be reimbursed by the bond issue. Commissioner Carlson inquired about the projection of staff needs for the new hospital; with Mr. Skeldon responding they have several outlying facilities, such as the same day surgery, radiology diagnostic service center, etc. that they will fold into the new facility because it is inefficient to have all those points of entry; so they hope to get economy of scale that they do not enjoy currently because they are spread out. Mr. Skeldon advised the Hospital was built in the 1960's for inpatient care; today most are driven to outpatient care; so the new hospital will be able to handle the increased volumes of outpatients, which they had to move offsite, and will bring back to the new facility. Commissioner Carlson inquired about the ratio of caregivers to patients; with Mr. Skeldon responding they are running somewhere of 4.5 FTE's per adjusted patient in-house.

Chairman Higgs thanked the Hospital staff for being here and for their comments.

PUBLIC COMMENTS - NELLY STRICKLAND, RE: PARRISH MEDICAL CENTER

Nelly Strickland stated World War II always sits crossways in her craw; if Commissioners saw a government go lousy like she did hers because the Germans took it over, they would develop a sense of either falling in line with them or say do not kill the Jews; it will always be there; and this situation is pick the Jews clean. She stated it does not make much difference how it is done; and whatever was said about the beds, she knows they cannot go beyond the capacity of beds they currently have. She stated no matter what Mr. Baker tells the Board, it is not true, because she checked into that, and someone more knowledgeable than she told her that. She stated if there is an overflow, patients need to be sent to another hospital.

Commissioner Voltz advised what Mr. Baker said is he has a certificate of need for 210 beds; he only has 150 beds that he is able to staff; that is verified by the records; so he can go from 150 to 210 beds if he had the staffing to accommodate that. Ms. Strickland stated unless it happened within the last few weeks, that is another bag; and inquired if Commissioner Voltz could ask Mr. Baker to verify that for her and get that information to her because she will not get it from him.

Ms. Strickland stated the quality is down; and after she brought up Mr. Stoner's issue, there was a big commotion about restraints because that man should have been restrained and was not; so he fell out of bed, cracked his head, and was brain dead. She stated Mr. Baker is only capable of making a buck; he is good at that, but that is not all it takes; and the review committee is garbage because there is no MD who would rat on another MD. She stated that is window dressing to make people feel good, but it does not. She stated there are other things she could bring up; it is not a well run hospital; people who are supposed to be in certain places are not there; and they had to hire 25 additional nurses to pass the accreditation, which she guesses a lot of hospitals do. She stated the HMA in Indian River County passed with 100%; another HMA in East Orlando passed with 98%; so 94 or 96% for Parrish is no big deal; and the article in the newspaper stating it passed with commendations is baloney. Ms. Strickland stated she knows the facts; the Board should see the stack of papers it took to get public information out of Mr. Baker; he does not want it out; and that is all there is to it, even after she sent letter after letter after letter. She stated she has friends all over the County who are attorneys and willing to help her out; it was all done legally; she received a fax of the opinion poll after the fact; and it showed what people really wanted and not what the fake poll said they wanted. She stated she called the Hospital again and asked to see and have the official opinion poll faxed to her; someone told her she was told numerous times they did not have that; she said she received a fax of it anonymously; and the response to that was she must have gotten it from so and so. She stated she spent five to six months begging and pleading; those people will go to any lengths; there is another scheme she cannot talk about; but it seems if money is kept in a certain place, there are certain privileges they can have; and that is being delved into by more capable people than she is. Ms. Strickland thanked the Board for its patience; stated she knows the Board gets sick of it, but they need a place where they can go and be safe without patients dropping out of beds or having heart attacks with nobody to tend to them; and requested the Board help them maintain a quality of medical care they deserve. She stated if the Hospital is scared of the ballot, why does the Board not put it on; it deserves a referendum for $60 million; and she would appreciate the Board's help on that.

PUBLIC COMMENT - BEA POLK, RE: EMPLOYEES OF CONSTITUTIONAL OFFICERS

Bea Polk advised two or three months ago she asked the Board if Constitutional Officers were County employees; she received something that did not answer the question; the Attorney General's Office said they either have to be city, county, state or federal employees; and inquired where can she get that information. She inquired, if they are paid by the County and have State retirement, who do they come under; and are there personal things for the Sheriff, Tax Collector, etc. She inquired if they are not County employees why do they get State retirement; do they get money from the County; and are the employees of Constitutional Officers County employees. She stated if they are not County employees, then the taxpayers would like to have a petition not to pay for something that is not County; and if they are paid from County money, then the Board is responsible for them. Ms. Polk stated she has been told the Board cannot do anything to them because they would go to the State; that is passing the buck; the Board cannot even give her an answer whether it is giving them millions to pay out salaries; and inquired if they are not County employees, who are they. She stated if the Clerk's employees are paid from his pocket, then they are his employees; but if he pays them from her pocket, the Board's pocket, and everybody else's pocket, that is taxpayers' money. She stated there are only state, federal, city and county employees; and inquired which one are they. She stated she would like to have that answer in writing.

Chairman Higgs instructed the County Attorney to clarify that for the Board and send a copy of the memo to Ms. Polk. She noted it gets confusing to have the Board's employees and employees of Constitutional Officers, so staff should get that information to the Board and send a copy to Ms. Polk.

REPORT, RE: COMPLAINTS ABOUT HOSPITALS AND NURSING HOMES

Commissioner Carlson advised Ms. Strickland and Ms. Polk brought up interesting questions; and she wants to share an experience she had and ask Assistant County Manager Don Lusk to bring forward information he has on nursing centers and hospitals. She stated in a public facility they should have ratings and any problems the facility has had posted for all to see; it is done in nursing home facilities; her father was in a nursing home where she saw poor care occurring; luckily he was able to get out of the situation and go back to the hospital; and she made sure he did not go back to that nursing facility. She stated that nursing facility had been in bankruptcy multiple times; it was evidently closed down; but she kept seeing the problem of poor service and quality of care that was really pathetic; so she did a little research and contacted the State Office and got very good feedback. She noted she cannot remember the name of the State Office, and never checked a hospital, but she did check nursing facilities where there are various different levels of care that an individual goes to in a transitional situation; and there should be publicly noticed documents. She stated some facilities like The Arbors and the nursing center across from Holmes Regional Medical Center have it in a public place where people can actually see what problems were encountered when they were reviewed by the State organization; recommended Ms. Polk and Ms. Strickland look for something like that; and if they do not know who to contact, they can try a nursing facility first and see what Department in the State they would go and pursue information from and see if they can follow up on some of their complaints, because the best thing that happened to her, as far as that goes, was getting the State involved because it gets everyone's attention. Commissioner Carlson inquired of the State agency that oversees nursing facilities, hospitals, etc. so if someone has a specific complaint, they could call that office to check it out and can actually institute a review of the complaint and go through the whole process. Assistant County Manager Don Lusk advised he believes it is the Agency for Health Care Administration, and he will check on that and get a memo to the Board and anyone else who wants that information. Commissioner Carlson requested copies be sent to Ms. Polk and Ms. Strickland.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:17 p.m.

ATTEST: _________________________________
NANCY HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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