The Board of County Commissioners of Brevard County, Florida, met in regular session on July 25, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Elder Jalene Crawford, Reorganized Church of Jesus Christ of the Latter Day Saints, Palm Bay, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the April 25, May 2, and May 9, 2000 Regular Meeting Minutes, and May 4 and May 25, 2000 Zoning Meeting Minutes. Motion carried and ordered unanimously.

INTRODUCTION

County Manager Tom Jenkins introduced Horace Littlejohn, Assistant to County Manager, who is taking Stockton Whitten's position; and advised Mr. Whitten has advanced in the organization as the Management Services Director.

STAFF REPORT, RE: INCIDENT AT FLORIDA POWER & LIGHT (FP&L) COMPANY PLANT

Commissioner Scarborough stated there was an incident at the Florida Power & Light (FP&L) Company plant; and requested a staff report on what occurred.

Chief Bill Farmer stated last Thursday the 911 Center received a call from a FP&L Company representative saying 80 barrels of fuel oil containing approximately 43 gallons a piece, which is a little over 3,400 gallons of fuel oil, were spilling at the FP&L Company plant located at 600 U.S. 1 in Port St. John; the County responded with 12 engines, one of which came from the City of Titusville, approximately 35 firefighters, and two rescue units; the event took approximately four hours to conclude; and the first unit was on the scene in four minutes. He noted there were approximately 2,000 to 3,000 gallons of fuel oil on the ground and another 300

STAFF REPORT, RE: INCIDENT AT FLORIDA POWER & LIGHT (FP&L) COMPANY PLANT

gallons or so on the elevated platforms of the tower; it happened at night during a major thunderstorm; and firefighters were on a steel girded structure 50 feet in the air with lightning around them. He stated the fuel oil had an ignition temperature of approximately 600 degrees; it was next to a boiler which had an operating temperature of 1,000 degrees; a foam blanket was initiated to attempt to keep the two apart; and in the process of initiating the foam, the fuel on the elevator platform caught fire. Chief Farmer stated the fire was extinguished in under four minutes; there were no more situations from that point forward; there was no product going into the Lagoon and it was all being retained on site; however, the State Warning Point and Emergency Management were contacted to coordinate State efforts on environmental concerns. He advised approximately four hours later, the County terminated command and turned the responsibility back to the FP&L Company Plant Manager.

Commissioner Scarborough inquired what steps is FP&L taking to insure it does not occur again; with Chief Farmer responding he is not sure what actions it is taking; but investigations and follow-up is the responsibility of Department of Environmental Protection (DEP) and Occupational Safety and Health Administration (OSHA). He stated the County is talking to the Company on suggestions of how to mitigate emergencies better; but with the follow-up, Emergency Management or DEP might be a better source; and he will get a report back to the Board on it.

Commissioner O'Brien inquired what kind of fuel was it; with Chief Farmer responding Number 6 fuel oil. Commissioner O'Brien inquired about the fire at Valkaria and if any structures were lost. Chief Farmer responded no structures were lost; and there were several hundred firefighters putting themselves in harm's way. Commissioner O'Brien inquired how many acres were burned; with Chief Farmer responding approximately 1,100 acres between two fires, Valkaria and Grant.

Chairman Higgs stated the firefighters did a great job, and the Board appreciates it.

REPORT, RE: PROJECT IMPACT

Commissioner Carlson brought additional information back from the National Association of Counties (NACO) Conference concerning Project Impact, and provided copies to the Board.

REPORT, RE: APPRECIATION TO PUBLIC WORKS

Commissioner Carlson expressed appreciation to Public Works Director Henry Minneboo and his staff concerning the Wickham Road closure; stated Wickham Road was supposed to be

REPORT, RE: APPRECIATION TO PUBLIC WORKS

closed until July 31, 2000; and Mr. Minneboo and his staff saved a lot of time and money in terms of the detour issue. She read a quote in the newspaper, as follows: "Those men worked beyond and above the call of duty. They knew the concerns of the business community and were successful in completing the job in less than two-thirds of the time it should have taken." She stated the County owes Mr. Minneboo and his staff a big thank you.

REPORT, RE: NACO CONFERENCE

Commissioner Voltz stated she provided information to the Board from the NACO Conference last week; the biggest issues are the proposed resolutions and platform changes; and if there is an issue the Commissioners have with any of them, they can let her know. She stated they will be taken to Washington, D.C. in February, 2001.

RESOLUTION, RE: COMMENDING CONSTANCE ARLENE VAN FOSSAN

Commissioner Scarborough read aloud a resolution recognizing and expressing appreciation to Constance Arlene Van Fossan for 37 ? years of dedicated service as a nurse at Parrish Medical Center.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution recognizing and expressing appreciation to Constance "Connie" Arlene Van Fossan for 37 ? years of dedicated service as a nurse at Parrish Medical Center, and wishing her all the best in her retirement. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Ms. Van Fossan who expressed appreciation to the Board; stated Parrish Medical Center is a fine community Hospital, and the Administration and employees are dedicated to caring for the community.

RESOLUTION, RE: COMMENDING CLYDE LOOMIS

Chairman Higgs read aloud a resolution recognizing Clyde Loomis on his 80th Birthday and for 17 years of service to Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution recognizing Clyde Loomis on his 80th Birthday and for 17 years of service to Brevard County without using any sick leave during that time. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING CLYDE LOOMIS

Chairman Higgs presented the Resolution to Mr. Loomis who stated he was born in 1920; all the people he works with in his Department are wonderful people; and he classifies them as his second family.

FINAL ENGINEERING APPROVAL, RE: RIVER GROVES ON THE TRAIL

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

FINAL PLAT APPROVAL, RE: RIVER GROVES ON THE TRAIL, PHASE 1

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for River Groves on the Trail Subdivision, Phase 1, subject to minor changes as applicable, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH DEERFIELD GROVES PARTNERSHIP, RE: INFRASTRUCTURE IMPROVEMENTS IN SUNSET LAKES WEST - ISLAND ESTATES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract with Deerfield Groves Partnership guaranteeing infrastructure improvements in Sunset Lakes West - Island Estates. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCES #24-2000 AND #25-2000 FROM CITY OF TITUSVILLE, RE: ANNEXATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Ordinances #24-2000 and #25-2000 from the City of Titusville annexing approximately eight acres of vacant land along Riveredge Drive to develop single family residences and an existing residential structure at Dairy Road and Diamond Road, and staff's report indicating no inconsistencies with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE #AR-2000-130 FROM CITY OF MELBOURNE, RE: ANNEXATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of Ordinance #AR-2000-130 from the City of Melbourne, annexing approximately .4 acre along the south edge of Aurora Road for commercial use, and staff's report indicating no inconsistencies with Chapter 171, Florida Statutes and negotiations with the City on joint planning. Motion carried and ordered unanimously.

ACCEPT ELIGIBILITY MONITORING REPORT AND AUTHORIZE ADVERTISING PUBLIC HEARINGS TO RESCIND ORDINANCES, RE: ECONOMIC DEVELOPMENT TAX ABATEMENT PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to acknowledge receipt of the Economic Development Tax Abatement Annual Eligibility Monitoring Report; and authorize advertising public hearing to consider an ordinance rescinding Ordinances granting economic development tax abatement to USBI (Kennedy Space Center), Smart Choice Automotive Group, Hydro Aluminum-Hycot, Support Systems Associates, Demaco Division of Howden Food Equipment, TEC Cellular, Bombardier Motor Corporation of America, Met-Con, Crown Simplimatic, United Service Source, and UST, Inc. Motion carried and ordered unanimously.

APPROVAL, RE: T-HANGAR RENT INCREASE AT VALKARIA AIRPORT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve increasing the rent for T-Hangars at Valkaria Airport from $155 for a full-size hangar and $77.50 for a half-size hangar to $165 for a full-size hangar and $82.50 for a half-size hangar. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH CITY OF COCOA BEACH, RE: URBAN COUNTY RE-QUALIFICATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Community Development Block Grant Interlocal Cooperation Agreement with the City of Cocoa Beach for the CDBG and HOME Programs for Fiscal Years 2001, 2002 and 2003. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CITY OF PALM BAY, RE: BOARDWALK CONSTRUCTION AT TURKEY CREEK SANCTUARY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment to Agreement with City of Palm Bay extending time by 160 days to complete construction of the boardwalk at Turkey Creek Sanctuary. Motion carried and ordered unanimously.

SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL WITH STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: MATHERS BRIDGE DOCKING FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund for the docking facility at Mathers Bridge. Motion carried and ordered unanimously.

RESOLUTION, RE: EXPRESSING INTENT TO APPLY AND ACCEPT EL NINO DISASTER RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution expressing intent to apply and accept El Nino Disaster Recovery Community Development Block Grant at local match of $66,746 for $600,714. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-42, RE: INSTALLATION OF PETROLEUM STORAGE SYSTEMS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve revisions to Policy BCC-42 regarding installation of petroleum storage systems. Motion carried and ordered unanimously.

APPROVAL, RE: NEGOTIATED SETTLEMENT WITH MURIEL SCHIAVONI

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve negotiated settlement of automobile bodily injury claim of Muriel Schiavoni in the amount of $30,500 in exchange for a full release of all claims. Motion carried and ordered unanimously.

APPROVAL, RE: INCREASE IN CO-PAYMENT FOR PRESCRIPTION BENEFIT PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the increase in co-payment for prescriptions from $7.00 Generic, $14.00 Name Brand, and $30.00 Non-preferred to $10.00 Generic, $20.00 Name Brand, and $35.00 Non-preferred effective January 1, 2001. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: MERIT SYSTEM POLICY CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider amendments to the Merit System Policy I, Classification Plan, Policy II, Pay Plan, and Merit System Policy IX, Leave. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING OCCUPATIONAL LICENSE FEE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance increasing occupational license fee from $32.00 to $33.60 to fund economic development. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-0-23, AND AUTHORIZE EXECUTION OF CONTRACT, RE: PRODUCTION OF VISITOR GUIDE FOR TOURIST DEVELOPMENT COUNCIL

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to award Proposal #P-3-0-23, Production of Visitor Guide for TDC, to Florida TODAY at an estimated $38,000; and authorize the TDC to negotiate the contract and the Tourism Development Director to execute the Contract. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY ENTERPRISE FLORIDA (FLORIDA DEVELOPMENT FINANCE CORPORATION)

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt a Resolution approving, for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $2,000,000 of Industrial Development Revenue Bonds by Florida Development Finance Corporation to finance a manufacturing facility within Brevard County; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY ENTERPRISE FLORIDA (FLORIDA DEVELOPMENT FINANCE CORPORATION)

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt a Resolution approving, for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $2,000,000 of Industrial Development Revenue Bonds by Florida Development Finance Corporation to finance a manufacturing facility within Brevard County; and providing an effective date. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt a Resolution approving, for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $1,400,000 of Industrial Development Revenue Bonds by Florida Development Finance Corporation to finance a manufacturing facility within Brevard County; and providing an effective date. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to appoint Dwight Greenberg, to the Planning and Zoning Board as an alternate member, with term expiring December 31, 2000; and Janet La Mont, to the Palm Bay Regional Park Advisory Committee, replacing Thomas Redmond, with term expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAN OF TOWN OF PINEDA - EDWARD C. ZATORIS

Chairman Higgs called for the public hearing to consider a resolution vacating right-of-way in Plan of Town of Pineda, as petitioned by Edward C. Zatoris.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAN OF TOWN OF PINEDA - EDWARD C. ZATORIS

Edward Zatoris advised Turner Road was closed and vacated from Suntree Boulevard east to Aspenwall; there have been illegal activities going on along there; and there is a letter from Mr. Walter Shepherd who objects to the vacating because of particulars and consequences, but he does not list any. He stated it is a dead end street; there are no fire hazards there; and the Suntree Fire Department indicated if there is any type of problem it could still access the area along the railroad bed. He advised he spent a lot of money cleaning up the area; and his rights have been violated.

April Bennett, representing herself and five other residents in the area, stated they object to the vacating request; and although Turner Road is a dirt road, since 1957 it has been accessible by the homeowners, whose property is back to the railroad area, the fire department, propane gas company, and FP&L Company. She stated the County has not been maintaining the property; however, the property owners have been maintaining this property for at least 10 years and continue to do so. She noted since 1957, parking has been allowed to the homeowners; homeowners have wells and not city water; the septic tanks and drainfields are located in the front yards with no driveways; and neither Byham Road nor East Easy Street could handle the extra traffic. Ms. Bennett stated without Turner Road's access and parking, the only available parking would be on the illegal Byham Road easement which is only two feet from the road to the ditches; and Harris Sanitation, UPS, and mail carriers would have limited, if not impossible access. She stated as for Turner Road and the 25-foot attached property being used as a dump site, she has pictures to prove otherwise; and the fire department would not have access and homeowners could lose all they have worked hard for if there was a fire. She noted the County has been deceived with misrepresentations of the area's true layout; there is limited access; the property off the railroad has and is maintained; neither Turner Road nor the railroad right-of-way property is being used as a dump site; and the only dump site is on Mr. Zatoris' land, which she has pictures of. Ms. Bennett requested the petition to vacate be denied and permission to continue the safe parking for the residents without worrying that one individual's selfish business venture will affect the homeowners who have been residing in the area for much longer than nine months.

Commissioner Carlson stated the Zoning Office and Public Works Department have objections; and requested staff explain them.

Assistant Public Works Director Ed Washburn stated staff has a problem with the potential access to the area; if Lots 1, 2 and 3 were subdivided, a roadway would have to be constructed along Gannett Avenue to come out on Byham Road; and if the County vacates Turner Road as it presently exists in the area off Aspenwall, access will be forced into coming off Gannett Avenue onto Byham Road.

Chairman Higgs inquired if staff is recommending denial of the petition to vacate; with Mr. Washburn responding that is correct.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAN OF TOWN OF PINEDA - EDWARD C. ZATORIS

Commissioner Carlson stated the northern portion of Turner Road has already been vacated. Mr. Washburn responded there have been several vacatings in that area; and on the north side of Aspenwall between Suntree Boulevard and Aspenwall it has been vacated. Commissioner Carlson noted there was no problem with that particular vacation as there were no access issues; with Mr. Washburn responding that is correct.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to deny request of Edward C. Zatoris to vacate a portion of Turner Road right-of-way in Plan of Town of Pineda. Motion carried and ordered unanimously.

REPRESENTATIVE HARRY GOODE AND GOVERNMENTAL AFFAIRS CONSULTANT GUY SPEARMAN, RE: POST 2000 LEGISLATIVE BRIEFING

Representative Harry Goode, Chairman of the Brevard County Legislative Delegation, introduced his Legislative Assistant Vicki Woolridge, Senator Kurth's Legislative Aide Kennie Kay Bender, and Representative Bill Posey. He stated the Delegation has worked very closely with County staff and its representatives during the session; perhaps the most significant amount of funding this year for Brevard County was for the Space Experiment Research and Processing Laboratory (SERPL); it is a landmark budget item since historically space funding has been the domain of the federal government; with this $10 million commitment, a bold new step has been taken toward a local, state and federal partnership; and the support of the Board, as well as Orange County Chairman Mel Martinez, did not go unnoticed in Tallahassee. He advised the essential funding will allow Kennedy Space Center (KSC) to complete the phase of this project; and he is confident the Delegation will successfully fund Phase 2 next year, with the County's continued support and KSC's leadership. He stated in addition to SERPL, the Delegation brought home a number of worthwhile projects, including millions of dollars in road repair and building projects for the County; and the library system will see the addition of three new facilities to be located in Suntree, Melbourne Beach, and Port St. John. Representative Goode stated the Greater Melbourne Police Athletic League will now have the ability to offer more and improved programs to at-risk children; the Cities of Rockledge and Palm Bay will be getting assistance for retention and stormwater efforts at a new level; two trauma centers will be built at Health First Holmes Hospital; and statutory funding will be received for the first time. He noted a new anti-drug prototype project will be added; and although the County lost several good projects to the power of the veto pen, including the Native Florida Aquarium and teaching facility at the Brevard Zoo, Community-By-The-Sea, the Haven II Project, Rockledge Senior Center and Brevard County Drug Court, it will continue to look for ways to fund those visionary projects in the future. He stated the representatives remain close to their constituents' needs and work successfully through the continued support that Guy Spearman and his staff have

REPRESENTATIVE HARRY GOODE AND GOVERNMENTAL AFFAIRS CONSULTANT GUY SPEARMAN, RE: POST 2000 LEGISLATIVE BRIEFING

provided; the new Governor pointed out two years ago that anything the representatives wanted to do at a local level they had to show some form of a statewide impact in order to get that funding; the representatives pointed out this year that there are aerospace companies in 37 counties; and finally after many years, the Delegation was successful in getting the Lieutenant Governor to head up the efforts.

Representative Goode stated Statewide, $1.6 billion dollars in new money was put in education, the largest increase in Florida's history; the first year he was in the Legislature in 1987, he served on the Appropriations Committee; the entire State budget at that time was $18 billion; currently it is nearly $51 billion; and the State funded $18 billion plus for education. He noted the School Board also had lobbyist in Tallahassee this year from the local area who were helpful; the schools have also been well funded; over $500 million in tax relief was passed this year, building onto the historic $1 billion in tax relief it passed last year; and the Delegation passed the Taxpayers Bill of Rights which informs taxpayers of their rights in relation to property taxes and ad valorem taxation. He stated the Delegation continued tax relief by lowering intangible taxes to a rate of $1.00 per one thousand, and reenacting the back-to-school taxes; the intangible tax has been an onerous tax that has been around Florida for many years; it has been reduced by two-thirds now; and hopefully, the incoming Legislative group next year will do away with it altogether. Representative Goode stated the Delegation adopted a Death Penalty Reform Act of 2000 to reduce the lengthy death penalty appeals processes currently in effect in Florida; there has already been some court decisions that have overturned some of the things it has tried to do; the future Legislatures will continue to work on it as crime and punishment is dear to everyone's heart who has had any type of brush with these types of ideas; and the Delegation implemented new laws against people who commit sexual crimes against children through the use of the Internet. He stated the Delegation accelerated the construction of high profile transportation projects which promote economic development by increasing transportation revenues by $2 ? billion over the next 10 years; and hopefully the future Legislatures will see fit to continue these programs. He stated in the area of elderly care, the Delegation created a Pharmacy Benefit Program to assist low-income elderly with their prescription drugs; and it created a medical school at Florida State University of trained physicians to meet health care needs for the State's elderly in rural communities. Representative Goode stated the Delegation also provided Florida's share to help fund the building of a National World War II Memorial in Washington, D.C.; it passed a Bill to award high school diplomas to honorary discharged World War II veterans who joined the United States Armed Forces prior to their graduation from high school; and in the area of health care, the Delegation guaranteed that a patient's physician will be able to continue to treat them in a hospital instead of having one appointed for them upon their admission. He noted the Delegation required that licensed doctors, not HMO administrators, make final decisions regarding a patient's care; created the Reducing the Racial and Ethnic Health Disparities Close in the Gap Act to address racial and ethnic health disparities; confirmed the State's intent to be a full partner in the Everglades restoration effort by committing $1.27 billion over the next 10 years; and took the first major step in restoration of Lake Okeechobee by establishing a program to remove existing pollution of the Lake and drastically reduce future contaminations.

REPRESENTATIVE HARRY GOODE AND GOVERNMENTAL AFFAIRS CONSULTANT GUY SPEARMAN, RE: POST 2000 LEGISLATIVE BRIEFING

Representative Goode stated the Delegation established the Dennis L. Moore Beach Management Act and Healthy Beaches Florida Act to protect and restore Florida's greatest natural resource which is its shores; it repealed over 1,000 outdated laws from Florida Statutes and established the first Statewide Uniform Building Code in the nation which includes stringent protections against wind-born debris; it consolidated the fragmented workforce development departments into a cohesive system, improved connection between worker training programs in the business community, and made training more accessible for future employees; and it increased Kid Care funding by $95.8 million, providing over 100,000 new Kid Care slots and added a dental service package for 160,000 previously uninsured children. He advised the Delegation also increased child welfare services by $128 million for children and protective services, foster care, adoption, and privatization efforts.

Commissioner O'Brien inquired if the request for legislative appropriations concerning permanent State funding support for Veterans Transitional Facility has been approved; with Governmental Affairs Consultant Guy Spearman responding the Department decided it was a local project, and staff is working again with the Governor's Agency to see if it can get it to do it.

Commissioner Voltz inquired about the local match for the Kid Care Program; with Representative Goode responding county matches are required. Commissioner Voltz stated the hospitals that were agreeing to the match have been denied the ability to do it by the federal government; Florida is the only State in the nation that requires the local match; it is not taking care of its kids; and it needs help on the local match, because kids should not be turned away. She stated Representative Goode and Mr. Spearman have done a great job. Representative Goode suggested the County work on the Governor's staff over the coming year; the Legislature likes to mandate to local governments who should pay for what; and that issue will be back on the table in future years.

Commissioner Carlson inquired which items on the Requests for Legislative Change to Florida Statutes were introduced into Legislation; with Mr. Spearman responding some items were introduced and some were amended. Mr. Spearman stated on the issue concerning riptides, the Academy of Trial Lawyers had concerns, and the Delegation could not resolve that issue. Commissioner O'Brien inquired does it mean Brevard County opens itself to a possible lawsuit because it put up signs. County Attorney Scott Knox responded he has examined the issue and provided his opinion to the Legislative Delegation; and his opinion is that Brevard County does not have any liability.

Representative Goode stated there was no indication in Tallahassee this past year of increasing the filing fees to the Clerk for the Value Adjustment Board. Mr. Spearman stated the Marchman Act Court Orders are related to the drug strategy issue; and Brevard County should ask other elected officials about the issues as the representatives have tried to do some things, but have not been successful. Commissioner Carlson requested Mr. Spearman provide input on which

REPRESENTATIVE HARRY GOODE AND GOVERNMENTAL AFFAIRS CONSULTANT GUY SPEARMAN, RE: POST 2000 LEGISLATIVE BRIEFING

public officials need to be contacted. Commissioner Scarborough inquired about having a seven-county list of issues and is it worth working on with sister counties. Representative Goode responded he and Representative Posey were in the League of Cities; it saw fit to form a Tri-county League of Cities to try to expand the scope and power; in the seven-county area in East Central Florida there are powerful Legislators with a lot of similar interests; and such area has a lot of business impact. He stated when an individual gets up to speak to a committee and represents seven or 67 counties, it is more weighted by the members of the committee; and key issues could be narrowed down that are pertinent to all seven counties, including the space industry and education. He stated Brevard County had an ambitious list this year; it did good overall; and suggested the County be realistic in what it asks future delegations for. He noted the County needs to be prepared with the documentation, and make visits to Tallahassee and talk to the various agencies.

Chairman Higgs expressed appreciation to Representative Goode and Mr. Spearman for the Post 2000 Legislative Briefing and their efforts on behalf of Brevard County.

Representative Bill Posey stated the Juvenile Justice Assessment Center was out of the budget last year and the year before until Orange County came to Brevard County's aid; $722,000 was funded for a residential treatment center for drug addicted women in Brevard County; and the Mitigation and Condemnation Bill was passed. He stated the Technology Research Development Authority (TRDA) was an ambitious appropriation request; the Legislature thinks highly of Mr. Kenney, but the Governor's Office of Tourism and Economic Development wants to control all the money and have all the possible latitudes it can possibly have, rather than delegate any of it; and that is the dynamics of the TRDA. He noted it was no shortcoming on anybody's part.

The meeting recessed at 10:22 a.m. and reconvened at 10:35 a.m.

DISCUSSION, RE: EXPANSION OF COURTS FACILITIES

Judge Preston Silvernail stated he has already addressed this issue and stands on those remarks, recognizing that economics is always a big part of allocation of resources; when allocating resources, hard choices have to be made; and the judiciary supports the Board and whatever decision it makes. He advised facilities are needed, including in Palm Bay.

Commissioner Scarborough inquired how many additional courtroom facilities and chambers for judges are needed. Judge Silvernail responded he anticipates the County will be getting three new judges within the next two years; and it will be getting judges or special masters who require court facilities at a rate of one every three years.

DISCUSSION, RE: EXPANSION OF COURTS FACILITIES

Court Administrator Mark Van Bever advised linear regression showed approximately three judges and one general master every five years, for a total of four judicial officers; and with a judge or general master, there is a support person. Commissioner Scarborough inquired where is the need increasing to absorb the new judges; with Judge Silvernail responding for the last two years the need has been increasing in Juvenile due to the massive expansion of those cases. Judge Silvernail stated the Criminal Division is getting overloaded, and Family cases have remained overloaded. Commissioner Scarborough inquired about County Court; with Judge Silvernail responding two of the three judges are County Court judges.

Attorney Steve Brewer stated the recent report from staff is more productive than the original one several months ago; there are a couple of items that go back to the original Hanson, Lind, Meyer Report, and other issues concerning consolidation; and quoted the report, as follows: "Consolidation and reduction of building reduces operating and maintenance costs, achieves a certain level of efficiency by consolidating support personnel and other resources." He stated the numbers generated in the report show the County is going to save close to $2 million and gets more court rooms and more space out of it; and it dictates consolidation is the way to go and the most efficient and economic way to handle it, even in a county of Brevard County's size. He urged the Board to expand the Viera site.

John Daughtridge stated there are a lot of empty buildings in the north Babcock Street area; to put a courthouse in the area would be a chance to revitalize the area; the infrastructure already exists; the traffic increase would be welcomed by the businesses that exists in the area; and it is not often that Brevard County is given $1 million worth of property free and clear.

Coleman Goatley, representing Town Center Partners, stated it is clear that the future growth in Brevard County is in Palm Bay; and encouraged the Board to anticipate that growth and place the facilities where they will be accessible to people in the south part of the County, including Micco, Barefoot Bay, Grant, Valkaria, and Palm Bay.

Bob Nanni, City Manager for Palm Bay, expressed concern with the grass roots type of use of a County Court facility, including where the traffic fines have to be paid and where people go for small claims; stated those are the types of services necessary in the Palm Bay area; there is an extraordinary amount of young families in the area that would be using those facilities; and the City of Palm Bay would be an appropriate place for County courtrooms. He stated the County is also looking at the possibility of a Brevard County Government Complex; he understands there are economic and financial issues to be concerned about; and perhaps there is a way to combine the two items.

Chairman Higgs stated the County has property in Palm Bay for the service facility; and it is moving forward according to staff.

DISCUSSION, RE: EXPANSION OF COURTS FACILITIES

Attorney Paul Gougelman, representing the Towns of Indialantic and Melbourne Beach, provided a letter to the Board, and stated this issue is a concern to residents on the South Beaches as well; and requested the Board move forward with the Melbourne alternative. He stated there are a number of advantages to it; and the residents appreciate whatever consideration the Board can give, and hopes it will pick the Melbourne alternative, as it is in the best interest for the South Beaches.

Mayor John Buckley, City of Melbourne, stated South Brevard is the population center of the County; the beach communities would be best served by a Babcock area location; work locations and businesses in the area are closest to Babcock Street; and a majority of the attorneys have offices close to Babcock Street. He noted one of the major items the City has is the Babcock Redevelopment District which the Board approved; it would help revitalize the section of South Brevard; and Mr. Nance has agreed that if the property is utilized, it would help realign Babcock Street through this piece of property. He stated the Nieman Avenue Courthouse is an unsatisfactory courthouse; something has to be done; and using the Babcock Street property would be the ideal location. He noted the courthouse can be a learning center for the youth; it could be the centerpiece of redevelopment; the City of Melbourne is not opposed to having a courthouse facility also in Palm Bay; and the County should make use of the property that has been offered by Mr. Nance for a courthouse in that area.

Chairman Higgs stated the Board has an opportunity to make a decision as to acceptance of the property from Mr. Nance; locating court facilities close to communities and the individuals who use them is a critical decision the Board should make in the affirmative; the County has the opportunity to locate a courthouse in the South Brevard area which is clearly the center of population and growth; and she strongly supports establishment of a facility for the Constitutional Officers and County Court in Palm Bay. She noted as Brevard County grows, it is going to end up with four centers for County Courts; one of those should be in Palm Bay; the offer to donate the property is most generous; and the County can use the property. She stated she is not sure how quickly the County can move forward; and it needs to talk with Mr. Nance on a realistic plan for being able to build there if the offer is accepted. Chairman Higgs passed the gavel to Vice Chairman Randy O'Brien.

Motion by Commissioner Higgs, to accept the donation of property from Mr. Nance for a court facility on Babcock Street. Motion died for lack of a second.

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

Commissioner O'Brien stated he has discussed the issue with many people; all of the studies ever done about a courthouse in Brevard County all said the same thing, that the courthouses

DISCUSSION, RE: EXPANSION OF COURTS FACILITIES

should be consolidated into one at Viera; consolidating affords the County more courtrooms and more space; it would be a savings of $2.3 million if the County built four courtrooms at Viera; and that is only the initial savings. He noted the County has not established the fixed costs to operate, nor the costs to communicate, transfer, transport, file and other activities which must take place from the courtrooms; if the County has another courthouse in Melbourne or Palm Bay, it has to transport boxes of files back and forth; the costs start compounding; and such costs are not being identified or discussed, and should have been a long time ago. Commissioner O'Brien stated the Board is not here to spend its funds to revitalize an area which has aged and no one has invested in for years, so the area continues to deteriorate; a facility in Palm Bay and another courthouse in Melbourne will only lead to a fractured system in the courts; and all the studies remind the County that consolidation creates a more effective, cost-contained and operationally functional courthouse for all citizens, especially those who require counsel. He advised the County has a need for new courtrooms; the Viera facility was specifically designed for expansion; four courtrooms could be added this year or next year; and in five years when the County gets additional judges, four more courtrooms can be added also. He noted the County has holding cells here for people who have to go on trial; and he supports expanding the Courthouse at Viera.

Motion by Commissioner O'Brien, to expand the Courthouse facility at Viera. Motion died for lack of a second.

Commissioner Scarborough stated the County has a generous offer from Mr. Nance; the people of Melbourne appreciate his offer and have a concern about the development of their community; and the Board shares that concern. He noted the County needs to consider the overall costs; of all the options, that option came out several million dollars more; and the prudent thing to do today is to thank Mr. Nance. He stated County Courts in Melbourne are within the concepts that were originally discussed and needs to be reviewed; he is not ruling out any other type of court facilities; but the Board needs to discuss how it can best serve the people in a 10-year time frame.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to Jim Nance thanking him for his generous offer of the land on Babcock Street, and advising him the Board cannot accept the property at this time.

Chairman Higgs stated she is going to vote against the motion; the County should accept the property; and the costs to all the people who use the service are realistic costs to the community as a whole, not just the dollars to operate the system.

Commissioner Voltz stated a facility is needed in Palm Bay; something needs to be done with the Courthouse on Nieman Avenue as it is in terrible shape; the time constraints on Mr. Nance is unfortunate; and she supports the motion, although she appreciates the offer.

DISCUSSION, RE: EXPANSION OF COURTS FACILITIES

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

Commissioner Voltz stated she supports a county court facility for Palm Bay which will be needed with the buildout of 250,000 people; it is inevitable; the County needs to plan for it now; but the overall picture needs to be reviewed.

Commissioner Scarborough stated he wants to see the complexity of the two separate Courts, the County and the Circuit, and where it is best to have them located; there needs to be discussion concerning Nieman, Palm Bay, support services, and security with holding cells; and there needs to be a workshop to discuss a long-range plan. He noted he would like to come into this with an open mind that the County has quality judicial facilities throughout Brevard County that work at the most affordable cost to the taxpayer; and it needs to do it right.

Chairman Higgs stated when the County evaluates costs, it needs to have some computation of the costs to people who use those facilities in terms of coming to a centralized facility; they are real costs; and it is a community cost.

Discussion ensued concerning attorneys for County Court, small claims, misdemeanor and criminal cases, including municipalities in discussions, expansion to the Courthouse, child support collection, consolidation and centralization, cutting operational and construction costs, accommodation of attorneys and Brevard County citizens, Carter Goble study, Circuit Court, and scheduling a workshop to discuss the issue.

Commissioner Carlson stated the County needs to stop being short-sided and do more long-range planning on this issue because of the different types of courtrooms; the Board does not have enough information to make an adequate decision; she appreciates Mr. Nance's generosity, but the timeline and constraints are difficult for her to contend with, given the budgetary constraints; and there is not a lot of detail on the operational costs of the facilities. She noted the County is under considerable restraints right now; unless the Board is willing to raise taxes to obtain additional dollars, she does not see where it is going to get much better, unless there is solid long-term planning; it makes logical and strategic sense from a short-term perspective to expand Viera; but the Board also needs to work out the long-range implications of courtrooms. She stated it would be a great idea to have a courthouse in downtown Melbourne and to help in the revitalization of the north Babcock Street corridor; and she supports more accessibility to the justice system, but the timing is bad.

Chairman Higgs stated she did not support the decision of coming to Viera; the Board had an opportunity today to come to South Brevard with a major part of the court facilities, but it is losing it; and at this juncture, it needs a courthouse.

DISCUSSION, RE: EXPANSION OF COURTS FACILITIES

Commissioner O'Brien stated a courthouse is also needed either on Merritt Island, Rockledge or Cocoa to accommodate those people as well; there was more than one study made about the courthouses for Brevard County; both studies indicated that centralized locations of the courthouse was imperative; and he cannot see spending any more money doing additional studies.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Manager to coordinate with the Commission offices and schedule a workshop to discuss the expansion of Courts facilities. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE 2000-2001 AD VALOREM MILLAGES

Chairman Higgs called for the public hearing to consider adoption of tentative 2000-2001 ad valorem millages.

County Manager Tom Jenkins stated the purpose of the Board's action today is to set the preliminary millage rates which it would then take into the public hearings in September, 2000; it can reduce the preliminary millage rates in September, 2000, but it cannot increase them without re-notification of all the property owners in Brevard County; following the Board's two workshops on the budget, staff has prepared four options regarding the millage rates; and there are some unresolved issues in the General Fund. He advised the purpose of today's action is not necessarily to resolve those issues in the General Fund; the Board can do it at a later date; and the action today is to set preliminary millages.

Curtis Dorman stated he pays property taxes and MSTU taxes; he pays 34 cents a day for MSTU Law Enforcement tax for his property on New Haven Avenue in Melbourne; and it is not excessive for what he expects out of the people who respond to complaints of his tenants. He stated other fees on his tax bill are considerably higher; he does not want his taxes to increase, but there is a need for the Law Enforcement MSTU tax; and the Board needs to consider raising that millage rate to at least keep the present enforcement.

Doug Johnson stated he has been a Deputy Sheriff for 16 years, and dedicated his life to protecting and serving the community to make it a better place, not only for himself, but for the Board, its families, and its constituents; there is no dollar amount the Board can put on any of the services that law enforcement provides; and they are here 24 hours a day, 365 days a year. He noted law enforcement is the first one to arrive in disasters, hurricanes, and critical incidents, and they are the last ones to leave; the least the Board can do is support law enforcement by increasing the millage rate; and if it does not do that, it is turning its backs on the people who protect it and their families.

Diane Clarke stated she has served the Sheriff's Office for 19 years with great pride and honor; there were many lean years during that time and years when the deputies did not receive any

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE 2000-2001 AD VALOREM MILLAGES

raises; there have been deputies and corrections officers eligible for food stamps over the years; and it is an atrocity for the business they do. She noted there have been years that the deputies had minimal raises when the former Sheriff gave back from $500,000 to $1.7 million; that is not happening anymore, and the present Sheriff gives back what he does not have to use; Sheriff Williams is trying to bring up the standards for the deputies' pay to keep the deputies here, and not to train them and send them to Orange County or other higher paying agencies; and Sheriff Williams has improved equipment and benefits, and spent time in Tallahassee reinstating the 3% retirement. Ms. Clarke stated the Sheriff has improved community programs and training which has helped reduce civil liability; the population is increasing in Brevard County; the calls for service are approaching 250,000 per year; the Commissioners' salaries increase by population and they are having a healthy request for increase coming up; she does not deny that they deserve it; and inquired if the Commissioners' salaries are increasing because of population increase, how can it deny increasing the millage rate to pay for deputies and keep them where they need to be to continue to serve the citizens of Brevard County.

Deborah Barker, Finance Director for the Sheriff's Office, re-emphasized the Sheriff's position with his budget request for Fiscal Year 2000-2001; stated the Sheriff is requesting funding for the MSTU in his proposed budget of 1.0 mill to maintain the law enforcement and capital needs for Brevard County; the County Budget Office proposed a MSTU Law Enforcement budget of .8815 mill; and that budget is not adequate to fund and maintain the current level of service. She stated as of last week, the County Budget staff provided a revised budget to the Board proposing a MSTU millage rate of .9805 to fund 129 deputies who serve the unincorporated needs of Brevard; that millage rate will fund the deputies, but it will not fund all of the capital needs; if the millage rate in the MSTU Law Enforcement is set below .9805 mill, the Board will, in effect, lay off 21 deputies who serve unincorporated Brevard County; and the numbers were provided to the County Budget staff by her Office. Ms. Barker advised the numbers can be validated by the County Budget staff, County Finance Department, and the independent audit firm the County has hired to audit the Sheriff's Office and all County agencies of Brevard County. She stated there are outstanding General Fund issues that are included in the Sheriff's budget request; the revised budget that was presented by the County staff does not include funding for capital improvements; the capital base was cut by $1.1 million; and it will not allow any acquisition of patrol vehicles for next fiscal year. She noted the operational budget in fleet maintenance was not increased if it was the County's desire for the Sheriff's Office to increase the longevity of its fleet; the Sheriff's staff was recommended to receive an 8% increase in salaries for law enforcement and 6% increase for civilians; that is much appreciated on behalf of herself and everyone in this room; however, she does not know if it can be done at the expense of the Sheriff's capital base, as he is left with no infrastructure dollars.

Ms. Barker stated the Sheriff has asked for other General Fund issues that the Board needs to address as it considers the millage rate; the Sheriff has asked for 27 positions, which include corrections officers, court security officers, domestic violence agents, and auto theft agents; and

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE 2000-2001 AD VALOREM MILLAGES

those have not been funded in the last proposed budget. She noted there are also pay parity issues the Sheriff has asked for the civilian personnel; and in addition to the strong issues the Sheriff's Office has in the MSTU law enforcement, she would ask the Board to also consider the significant issues in the General Fund. She stated as the Sheriff's Finance Director and Budget Officer, she requests the Board vote to secure the law enforcement needs of the citizens of Brevard County and provide Sheriff Williams adequate funding as represented in his budget request, and as a minimum, the .9805 mill in the Law Enforcement MSTU.

William Cabrera stated he is a deputy sheriff and a family survivor of an officer killed in the line of duty; it is part of the Board's job to give the deputies what they need to survive on the street, including equipment, cars, etc.; the Sheriff is requesting a 1.0 mill; and requested the Board vote yes for survival.

Bob Sarver, Chief Deputy Sheriff, expressed appreciation to Mr. Jenkins and his staff; stated they have been very cooperative with Sheriff Williams' Finance staff through the duration of the budget process; Ms. Barker has restated Sheriff Williams' wishes in his budget very well; and the County's Budget staff has coincided with the recommendations of the Sheriff's Finance Director in terms of the MSTU millage increasing from .8815 mill to .9805 mill. He stated the .9805 mill will retain 21 deputy sheriffs for next year; it is a situation where each Commissioner will make a decision to do away with five deputy sheriffs in their District; the vote the Board makes will decide that; and it will have to live with the result of whatever it does.

B. B. Nelson stated he resents the fact that the Board has scheduled this issue to be made known to the public and what its decisions are going to be September 6, 2000, at 5:30 p.m., intentionally the next day after election; if the bills were mailed out before the election, it would give the populous a better opportunity todecide whether they are going to support the Board or not, or anyone else who is running for office; and the people need to know factually in advance so they can make an educated decision. He noted the bills are being mailed out to make sure the public does not know what the decisions are regarding taxes until after the election; and requested they be mailed out prior to the election on September 1, 2000 when they are normally mailed out every year.

County Manager Tom Jenkins stated the Property Appraiser mails out a Truth in Millage (TRIM) notice once the Board sets the preliminary millage; the notice gets mailed out to taxpayers as to what the tentative preliminary millage will be; the Board does not establish the final millage until the second public hearing in September, 2000 which is standard procedure Statewide; and the public hearings are to set the final millages. He noted the County coordinates its dates with the School Board, and the School Board gets the first pick on the dates; and the County got September 6, 2000 because the School Board had taken September 5, 2000.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE 2000-2001 AD VALOREM MILLAGES

Commissioner Scarborough inquired when are the TRIM Notices mailed; with Budget Manager Dennis Rogero responding August 24, 2000. Chairman Higgs stated the notice is going out on the preliminary millage prior to the September primary; and the dates Mr. Nelson is referring to are the hearing dates in September, 2000.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve Option 2, to increase the millage rate for Law Enforcement MSTU to 1.0 mill.

Commissioner O'Brien stated he received the memorandum from the Sheriff's Office this morning concerning the MSTU dollars and has not had sufficient time to review it; the increase in tax revenues generated by the MSTU is $1.8 million across four years; it has almost doubled due to growth and other reasons; and expressed concern with the School Resource Officer (SRO) reimbursement going to zero. He noted he was under the impression the School Board was going to pay a certain amount for the SRO's; total revenues are $1.4 million more than four years ago; salaries show a 8.28% increase available within the funding itself; and the operating budget between 1998 and 2000 has increased 60%, according to the numbers. He stated he finds it troubling that the MSTU capital expenditures of $212,000 in 1998-1999 is now $432,000 in 2000-2001; in adding $327,000, $407,000 and $432,000, the County is looking at $1.168 million; the differential is $1.064 million which is $98,000 short; the Sheriff's Budget staff can massage the numbers in many ways; and he suspects that has occurred here. Commissioner O'Brien noted he is certain the Sheriff's staff can find the $98,788 it needs to meet the budget it is proposing; everyone wants to improve the financial condition for each deputy in Brevard County; and additional time is needed for County Budget staff and the Sheriff's budget staff to discuss the issue further; so he cannot support the motion.

Chairman Higgs stated Option 1 is the wisest one, which is the .9805 mill necessary to fully fund Law Enforcement MSTU, as well as pay increases for the 129 deputies who serve in the MSTU enforcement area; it allows the County not to provide a property tax increase; so she supports Option 1 as opposed to Option 2.

Commissioner Scarborough stated county governments' greatest asset is the employees; if Brevard County is going to be a quality County, it has to have quality; this year, the County has a 4% cost of living increase for its employees, a 1% or 2% merit increase, and a 4% adjustment; the Sheriff has said not only does he have a problem with the wages, but he also has problems in maintaining the level of service; and he has unfilled deputy positions, and used his cash carry forward. He noted if the Board does not act aggressively with this, it is going to have a problem that will be increasingly more difficult to deal with; not to go the full mill is short-sighted; the Board has the ability to go down to .9805 mill if one mill is sent out in the TRIM notice; and that is why he supports Commissioner Carlson's motion.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE 2000-2001 AD VALOREM MILLAGES

Commissioner Voltz stated she opposes an increase in the General Fund millage; if the Board approves the 1.0 mill, it needs to decrease the other millages accordingly to make sure there is not an overall aggregate millage increase; and the Board can always readdress it later.

Commissioner Carlson stated the County has managed to have a pleasant image of always rolling back its taxes; it is in the process of seeing what kind of hole it is digging and the start of it; and next year is going to be worse. She noted the County cannot afford to lose 21 deputies; if the Board approves Option 1, it would keep the deputies, but what will it be like next year and the following year; the Sheriff is trying to make salaries competitive so the County does not train and lose them; and the same thing was evident with Emergency Medical Services (EMS).

Commissioner O'Brien stated there is no problem within the numbers shown here with giving deputies the raises they badly need, and he agrees with it; but when operating expenses increase by 60% and capital expenses increase by almost 100%, there is something wrong in the system; and he does not believe it is the Board.

Chairman Higgs called for a vote on the motion, to approve Option 2, to increase the millage rate to 1.0 mill. Motion did not carry; Commissioners Scarborough and Carlson voted aye, Commissioners O'Brien, Higgs and Voltz voted nay.

Chairman Higgs stated Option 1 adequately funds the MSTU; it is not a full rollback rate, but does not represent an overall aggregate millage increase; and she supports Option 1. Mr. Jenkins advised it adds $769,297 to the $50,809,000. Mr. Rogero stated the total is $51,578,648.

Commissioner O'Brien stated the Board has until next Tuesday to sort out the numbers.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to table adoption of the tentative 2000-2001 ad valorem millages until the August 1, 2000 meeting. Motion carried and ordered; Commissioner Higgs voted nay.

The meeting recessed for lunch at 11:55 a.m. and reconvened at 1:05 p.m.

REPORT FROM ED O'CONNOR, SPACEPORT FLORIDA AUTHORITY, RE: SPACE EXPERIMENT, RESEARCH AND PROCESSING LABORATORY

Ed O'Connor, Executive Director of Spaceport Florida, stated yesterday Spaceport Florida celebrated the 50th Anniversary of the first launch from Brevard County; it started a growth and

REPORT FROM ED O'CONNOR, SPACEPORT FLORIDA AUTHORITY, RE: SPACE EXPERIMENT, RESEARCH AND PROCESSING LABORATORY

technology pathway for Brevard that continues today; tonight they are going to see the joining of the Russian component of the space station with the U. S. component; and that is the real start of the development of the International Space Station. He stated the International Space Station deployment is going to have the same effect over the next 50 years that the bumper has had on the previous 50; an international growth activity will occur in Brevard County as it is ground zero for a space station; it gives the County and State a challenge; and it is a challenge of growth in a different direction. Mr. O'Connor stated the next 50 years of growth is going to spread across the entire economy of the County and State; the International Space Station and its final deployment is anticipated to have a dollar value of over $100 billion; over the next 20, 30 or 40 years, new technologies, science, and commercial opportunities will be developed; and the international aspect of the station is going to profoundly affect the community. He noted last week he was with Governor Bush in Brazil; Brazil is developing the express pallets which will be a prime ingredient for the experimenter on the space station; they anticipate moving some of their activities to Brevard County; and the International Space Station is going to attract a whole new business climate to the County. He noted it will be looking at international activity and participants from Russia, Europe, Canada, Brazil, and others as they join in experimenting on this new platform; and the platform is also going to be the basis for Brevard County to get ready to go to Mars, to learn how to have long-term habitation, and prepare components for deployment to Mars. He stated this opportunity is so profound, it is going to restructure many aspects of the economy; and the Florida Space Research Institute, which is a Statewide Institute, is going to be headquartered in Brevard County to coordinate the State University System, both public and private, and take advantage of the experimental platform that the station gives it.

Mr. O'Connor stated the Institute will also be looking at international partnerships with other universities where they can work together to expand research horizons; new companies are coming to Brevard and looking to locate here because of the dynamics related to the space station; in the past two years, Spaceport Florida has financed almost $500 million in new launch pads and new structures at Cape Canaveral; and an investment rate of at least $200 million a year over the next several years is expected. He noted SERPL is going to impact the construction activities of Brevard County and give it new capability to expand its business space; in the future there is going to be a Statewide endeavor; and there is a growing awareness of the importance of Brevard in redirecting Florida toward a high-tech future. He advised the Governor is behind this effort and dedicated to the process; the Delegation members from Brevard County have set the seeds in place for tremendous growth; they have convinced the rest of the Legislature in Tallahassee that the Brevard Space Program is important, not only to Brevard, but to the State; and it prevents challenges for Brevard County. Mr. O'Connor stated the County must prepare locally to respond to this; industry is also focusing more profoundly on the County; Lockheed Martin and Boeing are renewing their

REPORT FROM ED O'CONNOR, SPACEPORT FLORIDA AUTHORITY, RE: SPACE EXPERIMENT, RESEARCH AND PROCESSING LABORATORY

commitment to the community; and USA is expanding its presence in the community by bringing more of its leadership here. He noted the next few years are going to show tremendous growth; it is something the County must be prepared to respond to; the Authority is seeing a focus of activity and support, not only from Tallahassee and the Governor's Office, but also from the Legislative Delegation in Washington, D.C., focusing on space activities as a future growth pattern for Florida; and Brevard County will be the premier gateway to space, not only for Florida and the country, but for the world because of the space station. He stated the County is also seeing a profound change in the way NASA operates in its business activities; it is moving away from being just a launch site, and is looking more at being a technology development center focused on international space transportation issues; the County is going to see a lot of high-tech changes occur in the community which will build the tax base, bring cultural events in, and establish a new focus on development.

Commissioner Scarborough inquired when will Mr. O'Connor know what the Authority will be requesting from the Florida Legislature next year. Mr. O'Connor responded the Authority is in the process of preparing its budget; it has submitted a preliminary budget to the Governor's Office; the Authority will let the Board know as soon as possible; and around August 15, 2000, the Authority should have its budget completed with the Governor's Office. Chairman Higgs stated it is exciting to think what has happened in Brevard County in the last 50 years and what is going to happen in the future; the Board appreciates Mr. O'Connor's presentation; and requested he come back regularly to update the Board. Commissioner O'Brien stated the speech by Dr. Drake yesterday was excellent; and inquired what will be conducted in the SERPL. Mr. O'Connor responded protein growth experiments will be prepared for flight to the space station where they will use a micro-gravity environment to do studies; studies will also be done on aging; they will be experimenting on how to influence the aging process so a lot of ailments can perhaps be avoided; and it is going to be a prime base for understanding how to get ready to go to places like Mars. He stated the future is so unknown it is incredible, but what they do know is the potential; the SERPL is one of the prime facilities needed to support reusable launch vehicles; and not only does the Authority support the space station, but it also supports the recruitment of the next generation launch vehicle here. Commissioner Carlson inquired how close does the Authority work with the Economic Development Commission. Mr. O'Connor responded he was recently in Brazil with Lynda Weatherman; the Commission is going to be directly involved in the Bio-technology Conference; Ms. Weatherman is doing a great job for Brevard County; and she is working hard with the Authority on developing the future recruitment of the SERPL activities and the next generation launch vehicle.

Chairman Higgs stated the Board will see Mr. O'Connor for an update next quarter.

PUBLIC HEARING, RE: REZONING REQUEST FOR A. DUDA & SONS, INC.

Chairman Higgs called for the public hearing to consider a rezoning request and public interest determination request by A. Duda & Sons, Inc.

Commissioner Carlson requested the item be continued until August 8, 2000, as there are still some issues outstanding; and the Sawgrass developers need to sign a letter of agreement.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to table rezoning request and public interest determination request by A. Duda & Sons, Inc. until the August 8, 2000 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: FIRST HEARING OF ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1151(D), 62-1482(3), 62-1483(3), 62-1102, 62-1941.5, 62-1540, AND ADDING SECTION 62-2272, PERFORMANCE OVERLAY DISTRICT

Chairman Higgs called for the public hearing to consider first hearing of ordinance amending Chapter 62, Sections 62-1151(D), 62-1482(3), 62-1483(3), 62-1102, 62-1941.5, 62-1540, and adding Section 62-2272, establishing a Performance Overlay District.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to forward ordinance amending Chapter 62, Sections 62-1151(D), 62-1482(3), 62-1483(3), 62-1102, 62-1941.5, 62-1540, and adding Section 62-2272, establishing a Performance Overlay District, to the second public hearing scheduled for August 15, 2000.

Commissioner Voltz requested staff give an example of a specific site area where this might take place. Planning and Zoning Director Mel Scott responded there are a number of locational criteria that a perspective site would first have to qualify before it could be considered by the Board to receive the overlay district; one of the locational criteria is that the site shall not abut a residential zoning classification, so staff expects this would be attempted first in the deeper commercial corridors such as S.R. 520 and S.R. 528 on Merritt Island. He noted it would be those locations that have commercial frontage and commercial on the next tier of lots before going into residential communities. Chairman Higgs requested Mr. Scott provide the Board with a map that would show exactly where the potentials are and a comparison of what would be existing large shopping centers versus what will be thrown out of the mix. Commissioner O'Brien stated there are stand-alone stores that have been closed for years in the County; some of them are big enough for some type of light manufacturing; in reading the proposed

PUBLIC HEARING, RE: FIRST HEARING OF ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1151(D), 62-1482(3), 62-1483(3), 62-1102, 62-1941.5, 62-1540, AND ADDING SECTION 62-2272, PERFORMANCE OVERLAY DISTRICT

reading the proposed ordinance, there is nothing to stop a brand new shopping mall from putting a manufacturing plant in the middle of the whole thing; and that was not the Board's intent. Mr. Scott stated it is not contained in the proposal, but the ordinance is crafted to target the longer-standing shopping centers that are experiencing some trouble maintaining occupancy. Commissioner O'Brien stated the old Publix on Courtenay Parkway has been closed for 12 or 15 years; three bars are at the end of the complex; he does not know if it is 50% occupied or not; and it is an area that would be prime for being eligible. Mr. Scott stated staff will apply the proposed ordinance to Commissioner O'Brien's example, and bring it back to the Board on August 15, 2000.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-102, REQUIRING SURVEY FOR FLAG STEM/EASEMENT APPROVAL

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Section 62-102, requiring survey for flag stem/easement approval.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, Code of Ordinances of Brevard County, Florida, Land Development Regulations, Article II, Administration and Enforcement; specifically amending Section 62-102, Unpaved Roads, Flag Stems and Easements; requiring a certified survey for flag stem and easement configuration; providing interpretation of conflicting provisions; providing severability; area encompassed; and providing an effective date.

Commissioner O'Brien inquired what is the reason for requiring a boundary survey; with County Development Engineer Bruce Moia responding to identify any encroachments that would prohibit access. Commissioner O'Brien inquired would submission of a hand-drawn map suffice; with Mr. Moia responding staff has received such maps in the past and usually they do not tend to be clear; therefore, they would like to receive a survey. Commissioner O'Brien expressed concern with driving up the costs to build a house by having to hire another surveyor to establish the exact lines and lay out the easements. Mr. Moia stated when someone tries to get a flag stem, it is usually to save them a considerable amount of money from building an access road; and they usually save a lot of money by going this route.

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

PUBLIC HEARING, RE: REQUEST FOR VARIANCE FROM BREVARD COUNTY COASTAL SETBACK LINE FOR MR. AND MRS. KEN FENGLER

Chairman Higgs called for the public hearing to consider a request for variance from Brevard County Coastal Setback Line for Mr. and Mrs. Ken Fengler.

Randy Mosby, Mosby & Associates, Inc., stated he and Debbie Coles have been working on the project; the Fenglers are requesting a setback variance of 16 ? feet to the Brevard County Coastal Setback Line from the old Coastal Construction Setback Line; several site plans have been developed; and the location of the structure proposed on the site plan has been dictated by the Health Department and meets all the criteria required for the septic tank. He noted it had to be moved further seaward to meet the setback and area requirements for the drainfield and septic tank; it is a small structure, approximately 1,100 square feet on the first floor; the first floor is set up as a garage area with two floors above the scour line and surge line predicted from the 50-year storm; and he will answer any questions the Board may have about the request.

Commissioner Carlson inquired has the Fenglers considered a variance on the front setback yet. Mr. Mosby responded they have the building originally sited at the Brevard County Coastal Control Line, but they could not put the septic tank in the front as there is not enough room and it encroaches on A1A. Mr. Mosby stated they looked at moving the structure where it is shown now on the site plan in order to meet all the requirements of the Health Department for the septic tank system; and there have been many layouts, but this one is the best it could come to.

Chairman Higgs inquired if staff brought the pictures that were taken of the site; with Section Supervisor Debbie Coles responding affirmatively. Ms. Coles provided to the Board a letter of objection to the variance containing six signatures; and stated she received another letter opposing the variance this morning. Chairman Higgs stated she went to the site; there has been significant erosion in the last couple years in this area; and inquired about the data used in the analysis of erosion in the area. Ms. Coles stated the Olson Report done in 1986 shows the average erosion rate from 1972 to 1986; it is used to add to the base line data from the Department of Environmental Protection (DEP); the last survey that was done in this particular area was in 1997; and staff added the Olson Report average of half a foot erosion a year to the data it has, which is the best available data it has to calculate this. Chairman Higgs stated from staff's analysis, there has been erosion in the area; there was work done by FEMA; and if the Board wants to consider this item, it needs data that is more reliable in terms of the existing conditions after the storms of the last two years than what it has from the Olson Report and DEP data of October, 1997. Chairman Higgs stated she is willing to table the item if Mr. Mosby wants to come back with additional information; but given the existing data, she would deny the item, as good hard data that is up-to-date is needed for the Board to consider the issue. Mr. Mosby inquired if Chairman Higgs is asking him to provide the Board with information as to site specific erosion profiles of the property; with Chairman Higgs responding yes, as it is relevant data that the Board should have. Mr. Mosby stated the only way he can do that historically is through aerial photographs; and he provided County staff current surveys done last week.

PUBLIC HEARING, RE: REQUEST FOR VARIANCE FROM BREVARD COUNTY COASTAL SETBACK LINE FOR MR. AND MRS. KEN FENGLER

Chairman Higgs stated the Board has the ability to grant a variance if certain things exist; it has in recent years taken a closer look because it knows the impact of construction in the Coastal Construction Setback Line, and has denied a number of them; and she is willing to give Mr. Mosby an opportunity to present additional data, because the data she has from DEP and the Olson Report are old. She noted the erosion is significant; she is highly skeptical of the wisdom of putting a house in the Coastal Construction Zone; but if Mr. Mosby can convince her and the Board otherwise, he might be able to get the variance.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to table request for variance from Brevard County Coastal Setback Line for Mr. and Mrs. Ken Fengler until the August 8, 2000 meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PUBLIC COMMENTS FOR CONSOLIDATED PLAN FOR FY 2000-2005 AND ACTION PLAN FOR FY 2000-2001 FOR CDBG, HOME, CAA AND CBO PLANNING AND FUNDING PRIORITIES

Chairman Higgs called for the public hearing to consider public comments for Consolidated Plan for FY 2000-2005 and Action Plan for FY 2000-2001 for Community Development Block Grant (CDBG), Home Investment Partnership (HOME) Program, Community Action Agency (CAA), and Community Based Organizations (CBO) planning and funding priorities.

Jaime Irizarry, Housing and Community Development, stated the public hearing is required by the U.S. Department of Housing and Urban Development (HUD) to receive public comments on planning and funding priorities for the CDBG Program, HOME Program, CAA, and CBO in order to complete the Consolidated Plan and Action Plan process; and the Plans are scheduled for final Board approval on August 1, 2000. He advised the Five-year Consolidated Plan was developed through joint efforts of County staff, local and County-based non-profit and profit organizations, and residents of various cities in the County; Brevard County is the lead agency in developing the Brevard County HOME Consortium Consolidated Plan and the Action Plan; the Consolidated Plan focuses specifically on housing and community development needs of low and moderate income persons as defined by HUD; and the document identifies the housing and supportive needs of the homeless and other persons with special needs, such as the elderly, persons with physical and/or mental disabilities, persons with substance addictions, and others. He stated during the five-year tenure of the Plan, Brevard County will receive approximately $11.9 million; the HOME Consortium total will be approximately $26 million;

PUBLIC HEARING, RE: PUBLIC COMMENTS FOR CONSOLIDATED PLAN FOR FY 2000-2005 AND ACTION PLAN FOR FY 2000-2001 FOR CDBG, HOME, CAA AND CBO PLANNING AND FUNDING PRIORITIES

the 2000-2001 Action Plan identifies projects that Brevard County and entitlement cities of Titusville, Cocoa, Melbourne and Palm Bay intend to carry out in the next year; the total funding allocation for Brevard County CDBG and HOME Programs for the year 2000-2001 is $2.3 million; and fund allocation for CBO will be $490,000 and $24,000 for the CAA. Mr. Irizarry stated with today's public hearing, there have been a total of 12 public meetings, including seven neighborhood meetings; all public comments will be summarized and included in the appendix of the document as required by HUD; and the Plan will be presented to the Board for final approval on August 1, 2000.

Assistant County Manager Don Lusk stated part of the Plan includes the CBO, CDBG and CAA allocations for next fiscal year; one of the allocations is to Alco-Rest, Inc.; it had some difficult reconciling with the Internal Revenue Service (IRS); the County last Spring froze any payments to it as part of its Contract; and the County would not allocate any additional dollars or contract any additional dollars until the Agency has the problem resolved.

Chairman Higgs requested staff provide a brief report on the status of the issues prior to the final public hearing.

Commissioner O'Brien stated in the Board's last conversation concerning CBO funding, the money was supposed to be used as seed money to start a program and get it on its way; but now it has become an entitlement to Alco-Rest, Alco-Hall, Child Care Association, and others; and that was not the purpose of the CBO. He stated if the County is going to have the same agencies on its giveaway program every year, they should come before the Board every year and be taken off these lists all together; he voted against increasing the CBO funding to begin with; and now it is looking like an entitlement. Commissioner Voltz concurred with Commissioner O'Brien; and stated the County needs to fund them for two or three years, then cut them off. Commissioner O'Brien noted the County can seed some programs, but not fund them year after year. Commissioner Voltz stated the boards need to be combined so these kinds of things do not happen.

Chairman Higgs stated the process was designed to have an opportunity for a citizens group of people to review the various projects and people could compete for those allocations; the process still allows the citizen groups to determine where the priorities are; they are leveraging their resources with the money the County has; and she understands Commissioner O'Brien's complaint. She noted when the County first came up with the CBO, it was designed to have the exact kind of thing Commissioner O'Brien is talking about, to get the competition for certain outcomes the County wanted to produce; and the organizations have to sign performance contracts in order to receive the funding. Commissioner O'Brien stated the County is at fault in not having a specific policy that says the CBO can be funded for two years with seed

PUBLIC HEARING, RE: PUBLIC COMMENTS FOR CONSOLIDATED PLAN FOR FY 2000-2005 AND ACTION PLAN FOR FY 2000-2001 FOR CDBG, HOME, CAA AND CBO PLANNING AND FUNDING PRIORITIES

money, and after that, the application will be rejected unless there is a new program that needs to be seeded for "x" amount of dollars; these are organizations that are non-profit and have to stand on their own two feet; and the County should not be the sole supporter. Chairman Higgs stated there are ongoing programs that are being funded, such as the Community Services Council Senior Nutrition Program; they leverage those dollars with significant federal dollars to continue that Program; and the County would not want to see that Program stopped in the community. Commissioner Voltz stated there are a number of ongoing programs, and it is incumbent on the County to fund them; and if it needs to put it in the budget, it can do so. She stated there are some things that are questionable; and there are some things the County needs to take care of, including the Child Care Association and the homeless. She noted leveraging is the important issue; if the organizations can use the County's dollars to leverage and receive greater dollars, then they need to be funded; but if it is just a handout and the organization comes back to the County as an entitlement program, the County needs to stop that funding.

Kim Gabriel, representing South Brevard Habitat for Humanity, stated the need to provide decent, affordable housing is rapidly increasing in Brevard County as it is in the United States; despite a strong economy, record numbers of very low-income households are devoting more than half their income to housing that may or may not be adequate or meet standard housing code guidelines; it is estimated that more than 1/4th the renters in Brevard County are estimated to live in potentially substandard housing; and these individuals are very low income, cost burdened and suffering from over crowding, with incomes from zero to $13,000 a year. She stated the 2000-2005 Consolidated Plan is a job well done by the HOME Consortium and is an excellent road map that begins to outline the problems that need to be solved, stating the barriers and impediments that need to be removed; upon adoption of the Consolidated Plan, she urges the Board to look closely at the impediments that are keeping the County from being able to provide adequate, affordable and decent multi-family rental units and opportunities for home ownership that meet the needs of the very low income in Brevard County who may or may not currently be living in potentially substandard or inadequate housing. Ms. Gabriel stated these problems can be solved through partnerships with non-profit organizations and businesses in the community which can actively work with the County to solve the problems; and it is the County's advantage to put adequate programs in place today that can successfully manage the problems and the growing needs that will face it tomorrow, and start taking the steps now to solve the problem.

Ginger Ferguson, Executive Director of Coalition for the Hungry and Homeless of Brevard County, provided information to the Board and commended staff for its excellent job in putting the document together. She stated the Plan states that the limited availability of Public Housing Rental Assistance Programs and Section 8 certificates are major contributors to Brevard County's chronic problem of homelessness; statistics continue to support earlier local studies

PUBLIC HEARING, RE: PUBLIC COMMENTS FOR CONSOLIDATED PLAN FOR FY 2000-2005 AND ACTION PLAN FOR FY 2000-2001 FOR CDBG, HOME, CAA AND CBO PLANNING AND FUNDING PRIORITIES

that point out a need for additional services and shelter; as of May, 2000, there were 3,422 persons on the public housing and Section 8 waiting list; the Section 8 waiting list has been closed since May, 1996; and a date to reopen the waiting list has not been determined. She advised approximately 30 families a month are being evicted from public housing; once evicted, it is difficult to be approved anywhere, even if they can afford market rate rents; adding to the concern over the inadequacy of shelter and services is the unavailability of transportation to access needed services; and rent is more expensive right now than owning a home, but some families are incapable of purchasing a home without paying past due debts and clearing up credit problems, and they need education on how to become a homeowner. Ms. Ferguson stated some people will never be able to own a home due to a lack of sufficient income; persons with disabilities and some elderly on fixed incomes must rely on rental units; the gap between available rental units and the income needed to pay rent is rendering many homeless after any unexpected expense; and there are many families with children that have no place to go. She noted in the month of June, 2000, her organization had 24 homeless families that consisted of 28 adults and 52 children apply for temporary financial assistance for homeless families; the organization recently went in partnership with Housing and Human Services on a grant through the Florida Coalition for the Homeless to help 68 homeless families become housed; the organization will exceed the amount of money it has to assist these families; and requested the Board see homeless in the community as a critical situation.

Diana Betzing stated she is a homeless person who lost her job and a place to live; she and her 16-year old son slept in her truck with no place to go; she lost everything she owned; and she has had a problem receiving assistance because she is not a drug addict, alcoholic, or battered woman. She noted she was put up in the Alco-Rest shelter for three weeks; she suffers from high blood pressure and Graves Disease; and she was treated badly at Alco-Rest. She stated Alco-Rest was supposed to house her and put her on her feet again so she could get a job and save the money to get a place for her and her son to live; and expressed appreciation to the Coalition which assisted her in getting a two-bedroom apartment for her and her son. Ms. Betzing stated she has worked all of her life and has taken care of her children; all of a sudden she is in her truck wondering what happened; and inquired what happened to the system. She noted she has never been in trouble with the law and has never been a drug addict or alcoholic; she has been a single mother taking care of three children on her own; and now she is on the streets. She requested the Board's assistance for the homeless; and stated Alco-Rest is a good setup, but it needs different directors running it.

Shelley Swann stated she is a homeless person with children and is speaking on behalf of mothers with children who find themselves in her situation; she lost her job and was unable to pay her bills, which led to eviction and put her in this homeless state. She stated she has worked all of her life, and was raised with a strong work ethic; she has a clerical background in the social services and medical fields, so she knows how the system is supposed to work; bad things do happen to good people; and she found herself and her two daughters in need of emergency shelter.

PUBLIC HEARING, RE: PUBLIC COMMENTS FOR CONSOLIDATED PLAN FOR FY 2000-2005 AND ACTION PLAN FOR FY 2000-2001 FOR CDBG, HOME, CAA AND CBO PLANNING AND FUNDING PRIORITIES

Ms. Swann stated Alco-Rest's family unit was available and she went there with her children; some changes need to be made at Alco-Rest; yesterday she was labeled a chronic complainer; and today she is complaining about the conditions she endured at Alco-Rest and how the rules and regulations are enforced. She stated every morning she was awakened by shouting in the halls, sometimes profanity by the males; every night the rooms are sweltering; and when she asked about it, she was told she had to deal with it because Alco-Rest could not afford to pay the $600 to $900 per month electric bill. Ms. Swann inquired if background checks are done on those individuals who work at the shelter; stated she was raised to treat people with respect; and that was not the case there. She stated there are people on the street who do not have an opportunity to come before the Board like she did today; at some point, the Board needs to make the time and listen; and requested the Board's assistance.

Commissioner Scarborough inquired when did the IRS problems occur; with Mr. Lusk responding May, 2000. Commissioner Scarborough stated the County cut off funds to Alco-Rest in May, 2000 due to a problem Alco-Rest had with the IRS. County Manager Tom Jenkins advised IRS was putting a lien on Alco-Rest and any money the County gave Alco-Rest was going to be taken away. Commissioner Scarborough stated Alco-Rest may be going down the tube because of problems with IRS; it is having trouble treating individuals like Ms. Swann; and the County needs to find someone to run Alco-Rest for the homeless so there is not other problems. Ms. Swann stated she is willing to volunteer her services so the County would not close the homeless shelter. Commissioner Scarborough requested Ms. Swann meet with Mr. Lusk and Ms. Jackson; stated the County is not closing the shelter; the IRS has a problem with Alco-Rest; and there may not be anything the County can do.

Chairman Higgs stated the organizations funded by the County operate under contracts; they have to abide by certain criteria, including payment of payroll taxes and other kinds of laws that are applied to employers; and things have to occur to insure that taxpayer funds are properly protected and the performance is achieved.

Commissioner Carlson inquired did the County have any idea that Alco-Rest was having problems before IRS sent the notices; with Mr. Lusk responding there had been previous problems, but County staff was surprised when IRS put the liens on Alco-Rest. Mr. Jenkins stated United Way and other agencies had been trying to assist Alco-Rest, perhaps with marginal results; and the human service delivery agencies in Brevard County were aware there were some problems and were trying to assist them through those problems. Commissioner Voltz stated if the County is contracting with Alco-Rest, it needs to make sure the shelter is treating people decently and in a humane way. Commissioner Carlson inquired if background checks are done; with Mr. Lusk responding staff will research it, as he is not sure if Alco-Rest

PUBLIC HEARING, RE: PUBLIC COMMENTS FOR CONSOLIDATED PLAN FOR FY 2000-2005 AND ACTION PLAN FOR FY 2000-2001 FOR CDBG, HOME, CAA AND CBO PLANNING AND FUNDING PRIORITIES

Alco-Rest does it or not. Commissioner Carlson stated it was her understanding if anyone volunteers for a non-profit organization where there are children or minors involved there are background checks; with Mr. Jenkins responding that is correct. Commissioner Voltz stated if the County is going to contract with anybody, it needs to make sure they are doing background checks; and if they are not, the County should not contract with them.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to forward the Consolidated Plan for FY 2000-2005 and Action Plan for FY 2000-2001 for CDBG, HOME, CAA and CBO planning and funding priorities to the next public hearing scheduled for August 1, 2000.

Commissioner O'Brien stated 20% of the homeless are veterans which includes 460 veterans; and suggested taking the Alco-Rest CBO funds from $36,000 to $18,000, and moving $18,000 to the Veterans Homeless Center in Melbourne. He stated $10,500 is for Crisis Service Helpline; and some of those funds could be going to the veterans for their homeless center. Commissioner O'Brien stated the County is looking at $500,000 to fund non-profit organizations and approximately $266,000 additional from CDBG to programs, such as Mount Carmel City Point Human Service Education and Transportation; and requested additional information on what thought process went into it. Chairman Higgs requested staff provide summaries of the proposals prior to the final hearing.

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

The meeting recessed at 2:30 p.m. and reconvened at 2:41 p.m.

PURCHASE AND SALE AGREEMENT AND STIPULATED FINAL JUDGMENT, RE: BREVARD COUNTY VS. A. DUDA & SONS, INC.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Purchase and Sale Agreement with A. Duda & Sons, Inc. and approve Stipulated Final Judgment relating to condemnation of lands and total acquisition of approximately 455 acres at a cost of $2,767,871.04 plus closing costs and less $650,350 previously paid. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - MAUREEN RUPE AND GAYLE CANNON FOR CHARTER AMENDMENT FOR COMMISSIONERS' SALARIES

Maureen Rupe read a letter from Barbara Jagrowski, as follows: "Good afternoon Commissioners. I wish to thank you for allowing me to make this statement. My name is Barbara Jagrowski and I served on the original Charter Commission and helped write the resulting Charter. When Section 2.6 of the Charter addressing salaries and compensation issues was written, guidelines were established, as well it should have been, that said I believe the time has come to supply some details since what public officials are paid is always of great concern to the public. This matter was brought up by the County Charter Review Commission, not only on April 17, 1998, but also a second time on April 28, 1998. The issue never received the required number of Charter Review Commission (CRC) votes to have an in-depth discussion and review. Three years ago, the Board of County Commissioners deferred payment increases for themselves. This occurred because the method upon which the increase was based violated the County Charter. In March, 2000, an annual salary raise from $58,308 to $70,227 was approved by a 3:2 vote. This is more than a 20% increase. I would venture to say that normally when a freeze on salaries is lifted, you never go back and recapture increases lost as a result of a freeze. Were you so generous to County employees when their salaries were frozen a few years back? Your proposed raise is not illegal, but it is not honorable or right. It is political chicanery. Now how do you fix a position in which you have put yourselves? When you find yourself in a hole, stop digging. Your first reaction is to reverse your salary increase proposal. Next, establish a permanent solution for an annual percentage raise based on inflation. By doing that you would remove yourselves from this issue and place it with Human Resources where it belongs. Finally, put the proposal on the November, 2000 General Election ballot as a Charter Amendment and permit the voters to decide and resolve this issue."

Ms. Rupe advised she was a Charter Review member in 1997-1998; on April 17, 1998, she submitted a proposal on County Commissioners' compensation pay increases and its annual increase in salaries and other compensations which was the lesser of Consumer Price Index (CPI) percentage increase, mean salary percentage increase for County employees, or the amount set by Florida Statutes; on April 28, 1998, Gayle Cannon also submitted a similar proposal; and both proposals died for lack of support. She stated the Home Rule Charter members are circulating a petition to place a proposal on the ballot, probably because of the Board's decision to unfreeze its pay and go back to the maximum amount instead of a percentage; and requested the Board consider taking a vote to place on the ballot the question of the Commissioners' salaries and compensation. She noted she favors tying it to the County employees lowest rate increase, and to implement it now; and then put it on the ballot for the citizens to put into the Charter, which they would vote in because it is the right thing to do. Ms. Rupe stated the second petition from the Home Rule Charter Committee proposes taking it down from 5% to 4% for required proposed amendments; and on the summary of the 7.3.2 Amendment by Petition, it proposes to take out amendments to the Charter which would say, "not inconsistent with the State Constitution or General Law." She noted if the Board refuses to put a petition on the ballot and it is taken out, they can proceed with a malfeasance recall; and requested the Board address it.

PERSONAL APPEARANCES - MAUREEN RUPE AND GAYLE CANNON FOR CHARTER AMENDMENT FOR COMMISSIONERS' SALARIES

Gayle Cannon stated two years ago, she and Ms. Rupe tried to address the issue of salaries; the State Legislature has a simple Statute that addresses the salary increases; she trusts the Board can keep it as simple; and she would favor doing away with a part of the section of the Charter that sets the salaries every two years and let it be automatic. She noted if County employees get a raise, then the Board gets one also; and if employees salaries get frozen, then so does the Commissioners' salaries.

Commissioner Scarborough stated this has become an issue where the integrity of the Board is being called into question with no thought of the fact that some of these things evolve by people who were not a part of the Charter Review Commission; the Board is trying to reflect the action taken by it in 1991 and not have increases that are inappropriate in light of what was happening to employees' salaries; the amendment now may not be the exact wording that Ms. Rupe and Ms. Cannon would propose; but it is close to that language. He suggested the County Attorney bring this back to the Board so it can address whether or not it wants to have it placed on the ballot; stated there needs to be four votes to do it; and it would be appropriate to take the position that has been proposed when it is in the best interest of the people, to have the issue of Commissioners' salaries be decided in a logical, systematic matter. He noted the Board is placed in the awkward position of having to vote for or against its salary; if it votes for anything someone can ask why, and the Board has to respond to it; and it should not have to be put in that position.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Attorney to come back to the Board on August 8, 2000, with several proposals for further discussion concerning the Charter Amendment for Commissioners' salaries.

Commissioner O'Brien stated the Board follows the Charter in doing the pay raise; the public is unaware that the Board did not receive any former pay raise for three or four years; and the motion that was made for the pay increase to the Board members puts them on the same level playing field as other commissioners of other counties of the same size. Commissioner Scarborough stated the Board as a group has voted the amount of compensation it receives; constitutional officers receive multiples of what the Commissioners receive, has constantly received increases, and has not had that question raised because they have not had to vote; and unfortunately, the language proposed by the Home Rule Committee continues to have that voting rather than making it an independent mathematical calculation, which is the appropriate way it should work.

Commissioner Voltz stated two and a half years ago when the Board decided to freeze its salary she said this was going to happen; what she supported was not having to address the salary issue every two years; it puts the Board in a politically bad light when it has to discuss its salaries; the constitutional officers do not have to address their salaries, even though they adopt them into their budgets; and they do not have to do it in the Sunshine like the Board does.

PERSONAL APPEARANCES - MAUREEN RUPE AND GAYLE CANNON FOR CHARTER AMENDMENT FOR COMMISSIONERS' SALARIES

She stated it should have been in the Charter a long time ago that the Board either go with the State or the employees percentage increases; and it should be in the Charter so the Board is not faced with it again. Commissioner Voltz stated there are people saying the Board has voted itself a $30,000 a year increase which is not true; and if the percentage was figured that the employees received, the Board would have received the same percentage all total that the employees received over the past four years. Commissioner O'Brien stated if the Board had taken the same amount of raises that it gave County employees since 1998, at the beginning of next year it would be getting paid close to $3,000 more than what it told itself to take via the Commissioners' pay Statewide.

Commissioner Scarborough stated the Board has an opportunity, rather than having this proceed through a petition process, to adopt some of the ideas that Ms. Rupe and Ms. Cannon presented a year or more ago. Commissioner O'Brien inquired what are the ideas. Commissioner Scarborough responded while there is a State standard, the Board has historically not wanted to receive a pay increase that exceeded that of County employees; and recommended it become automatic as a part of the annual salary process so the Board does not have to vote, and that it not exceed what the State is giving to non-charter counties or what County employees are going to get. He stated it is the fairest thing the Board can possibly do.

Chairman Higgs stated she did not vote for the pay increase for the Board the last time; she does not believe she has ever supported a pay increase for the Board, and even made a motion to cut it considerably one year; the Board needs to be careful about what it puts into the Charter; but she is ready to look at it to see if the Board can address it and get it into the Charter. Commissioner O'Brien stated he is willing to look at the Board receiving the same increase in pay that County employees receive; but not tying anything else except that; and if County employees receive 3% or 4%, then the Commissioners would receive the same.

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

DISCUSSION, RE: PROCESSING PROPOSED CHARTER AMENDMENTS

County Attorney Scott Knox stated Option 1 summarizes to require a threshold number of signatures on the petition; when the threshold is reached, the matter is turned over to the Board and it refers it onto an attorney, preferably an outside attorney, who would review the petition to see whether it is consistent with State law; and once it receives the determination back, it proceeds from there. He advised Option 2 is to require review of the proposed amendment before the sponsor obtains any signatures as opposed to having a threshold number of

DISCUSSION, RE: PROCESSING PROPOSED CHARTER AMENDMENTS

signatures; the Board can discuss what problems may arise from that scenario; and it would not put any limitation on what kinds of proposals it might receive. He stated Option 3 is to require a consistency opinion from an attorney representing the sponsors at the time the petitions are submitted, which means the Board would be relying upon the petitioners to hire their own attorney. He noted Option 4 requires a consistency opinion from an attorney representing the sponsor as a condition preceding obtaining signatures on the petition.

Commissioner Carlson requested Mr. Knox explain the State's process and what it requires. Attorney Knox responded the State requires a certain threshold number of signatures; he believes it is 8% of the votes cast; there is a Statute that says once the threshold is met, the Attorney General is required to seek an advisory opinion from the Supreme Court as to whether the amendment is constitutional under the provision that requires one subject matter and also on the ballot language to see if it is constitutional; and the advisory opinion, if it is favorable, allows the ballot to go forward.

Ms. Rupe advised of her support for Option 1; stated if the Board decides on Options 3 or 4, it needs to go with the Request for Proposal (RFP) process; and the County would not want attorneys representing the sponsors giving out opinions.

Commissioner O'Brien stated the Board cannot force the judges to review a request for change in the Charter; but through discussions with them, they may agree in the future to convene a tribunal to review Charter amendments because they live in Brevard County and a Charter change may have a dramatic effect upon them as well. Chairman Higgs inquired could they review a case that might later come before them. Attorney Knox responded a tribunal of judges he does not think would do it. Commissioner O'Brien stated it would be a County judge and not a Circuit judge; he would not want to send any one of these amendments to one attorney and get his opinion; he prefers a tribunal of one retired judge and two attorneys who know what they are talking about when it comes to charters in the State of Florida to get their opinion; and having a threshold number of signatures seems appropriate, but what that number is he does not know.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to draft language on processing proposed Charter Amendments similar to Option 1, with the possibility of using tribunals, for discussion on August 8, 2000.

Commissioner Voltz stated the Florida Association of Counties (FAC) has addressed the issue of charter government; and it is well versed on it, and may be of assistance to Brevard County.

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

DISCUSSION, RE: PROCESSING PROPOSED CHARTER AMENDMENTS

Commissioner Scarborough stated there is a petition being circulated about going from 5% to 4% of the required number of people; and striking from it is the language "not consistent with the State Constitution or General Law." He stated the County is a sub-unit of the United States of America and the State of Florida; it cannot create laws inconsistent with the State Constitution, General Laws of the State of Florida, or the United States of America, unless it decides to become the Country of Brevard; and that is the only way to do it. He noted the nature of that amendment is a succession from the United States of America and from the State of Florida; people are being offered this; and it violates the Laws of Florida. He stated it is not the way the County needs to proceed; it is one of the most bizarre things he has read in his experience in local government; and in fairness to the community, the County Attorney needs to write an opinion in layman's language.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Attorney to write an opinion in layman's language on Petition 2 regarding the procedure for amending the Charter. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - VICTOR BARRETT, RE: CIVIL RIGHTS VIOLATIONS

Victor Barrett stated he has contended all along that there have been civil rights violations against his family and himself; Frank Falotico has tried to take his house; the Board has the authority to hold court; the first courts were "We the People"; and they sat in judgment over their fellow man. He stated the Board can hold court and swear in each person that is involved in his issue, including his wife, himself, and if necessary, his granddaughter; his granddaughter was a witness to a lot of what took place; he is hurt because he has to come to the Board and beg it for what has to be done; and if he is wrong, the Board can do something to him, but do not hurt his wife and his family or treat him like an animal because he is a man. Mr. Barrett stated he has given two times in his life to his country for wartime duties and he is proud of it; today he is treated by the Veterans Administration because of his disabilities; he is considered housebound; and he has congestive heart failure. He stated he went to the City of Palm Bay, but they told him he did not have enough money and could not help him; he could not buy a house but a shack; and he qualified with the Veterans Administration. Mr. Barrett provided the Board with the documentation; and requested it be reviewed.

Jeanette Barrett stated two weeks ago one of the Commissioners told the County Attorney to look into the matter; by the next day, they received his "looking into the matter", which he never looked into; the County did not hire her handyman; and it had a Contract with she and her husband to give them a certain amount of money to fix the house. She inquired why did Mr. Falotico go against them and send faxes to her handyman; stated she and her husband did not threaten Mr. Falotico; and Mr. Falotico worked with the handyman, who took them to court. She requested the Board review everything that has taken place; stated she and her husband are not making up stories; they have the proof; and she wants something done. Ms. Barrett inquired why would somebody in the County go against them as first-time homebuyers to put another lien on their house; stated they do not have any money; and it does not make sense. She stated when the County gave them the money to fix the house, it did a good thing as the house is appraised at over $70,000; the house is in a good neighborhood and near a new golf course; and Mr. Falotico worked against a first-time homebuyer and had no contract with her handyman, but worked with the handyman. She reiterated her request for the County to look into the issue.

Chairman Higgs stated there are a number of legal issues that have been raised; and the Board needs a response from the County Attorney.

County Attorney Scott Knox stated what Mr. Barrett has been alleging is more in the way of criminal violations; the best response might be to forward all the information to the State Attorney's Office to see if it has any interest in investigating any of the things Mr. Barrett has alleged; and there is little he can do in the way of ferreting out criminal violations if that is what is going on. Chairman Higgs stated Mr. Barrett would have to contact the State Attorney to see if it would investigate; with Attorney Knox responding Mr. Barrett can do it or the County Attorney's Office can send the materials to the State Attorney's Office. Chairman Higgs stated the document attached today has raised a number of issues; Attorney Knox needs to review it again; and at some point, the County needs to put on the record what transpired. Commissioner Scarborough stated the Board received a letter from Mr. Falotico expressing his concern with the Board allowing his name to be slandered and defamed; and in fairness, there needs to be written responses rather than comments. Chairman Higgs stated the County Manager can provide a written response to the issues and allow Mr. Falotico to respond.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Manager to provide a written response regarding the issues raised by Victor Barrett and Frank Falotico, and allow Mr. Falotico to respond. Motion carried and ordered unanimously.

APPROVAL AND APPOINTMENT OF SELECTION AND NEGOTIATING COMMITTEES, RE: REQUEST FOR PROPOSALS FOR FINANCIAL ADVISOR SERVICES

Chairman Higgs stated the Financial Advisor has a special relationship directly with the Board that goes beyond other employees; and suggested staff go out for Request for Proposals (RFP) and return with three firms for the Board to select from.

APPROVAL AND APPOINTMENT OF SELECTION AND NEGOTIATING COMMITTEES, RE: REQUEST FOR PROPOSALS FOR FINANCIAL ADVISOR SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Request For Proposals for Financial Advisory Services; appoint County Manager and Finance Director or their designees and the Management Services Director to the Selection and Negotiating Committees; and direct a list of three firms be returned to the Board for selection. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:40 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)