May 29, 2001

The Board of County Commissioners of Brevard County, Florida, met in special workshop session on May 29, 2001, at 9:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, and Nancy Higgs, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: *Commissioner Jackie Colon.

Chairman Carlson advised the meeting is to discuss courthouse expansion options and 2002 appropriations.

REPORT, RE: VEHICULAR ACCIDENT

Commissioner Scarborough stated there was an accident, which may have held up Commissioner Colon; and perhaps staff can check on that. Chairman Carlson stated she thought the accident was in the southbound lane; and requested staff to check on it.

REPORT, RE: CHECK FROM U.S. FISH AND WILDLIFE SERVICE

Commissioner Higgs advised she met with Sam Hamilton, Regional Director of U.S. Fish and Wildlife Service, who asked her to deliver the Fish and Wildlife Service $41,000 check for revenue sharing that is generated from various activities on the Refuges, and provided to the County regularly. She stated they talked about potential ideas the County could pursue regarding preservation of critical habitats; and it may be worthwhile for her to go to Atlanta or Washington to pursue some of those if it is useful to do that.

*Commissioner Colon's presence was noted at this time.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize travel for Commissioner Higgs to Atlanta, Georgia or Washington, D.C. to pursue ideas on preservation of critical habitats. Motion carried and ordered unanimously.

The Board acknowledged receipt of a check from the U.S. Department of Interior Fish and Wildlife Service in the amount of $41,018 for its annual refuge revenue sharing payment.

REPORT, RE: DEMONSTRATION OF ELECTRONIC AGENDA SYSTEM

Chairman Carlson advised there will be a demonstration across the hall of an electronic agenda system; and she will find out if it will be ready during the break or at the end of the workshop.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Colon, seconded by Commissioner Higgs, to appoint Lisa Ann Veta to the Brevard County Commission on the Status of Women, with term expiring December 31, 2001; and Bonnie P. DeCaro to the Metropolitan Planning Organization Citizen Advisory Committee as an alternate with term expiring December 31, 2001. Motion carried and ordered unanimously.

DISCUSSION, RE: COURTHOUSE EXPANSION OPTIONS

County Manager Tom Jenkins advised Mr. Muller has put together a detailed report on courthouse expansion options; in September, 2001, Brevard County is expecting five new State court employees-a general master, case manager, two clerical positions, and a guardian ad litem staff position for dependency court; and the proposal is to renovate the existing maintenance space in the Harry T. and Harriette V. Moore Justice Center. He stated they have identified funding in the Court Administration Facilities Fund to pay for those renovations. He stated no later than January, 2002, Brevard County is expecting two new judges, two judicial assistants, and possibly a staff attorney; and on a very interim basis, they suggest placing those people in the Titusville Courthouse in the last two remaining courtrooms. Mr. Jenkins advised at the present time there is sufficient funding to pay debt service to add two new courtrooms to meet the immediate short-term needs; and recommended the Board consider that separately from the long-term actions. He stated the Board has several choices; it could put them at the Moore Justice Center or build two additional courtrooms in South Brevard; and if it picks a location in South Brevard, that should turn out to be its long-term location for additional court facilities. He stated staff proposes six additional courtrooms be planned by the year 2005 and considered for location at Viera or South Brevard; based on the amount of existing funding, there are not sufficient funds to build courtrooms and acquire a long-term site for South Brevard court facilities; so staff suggested the two courtrooms that are needed immediately be separate from the six additional courtrooms for the intermediate or long-term. He advised Mr. Muller has a detailed report that gets into cost estimates and a variety of different locations; there may be other locations as well; and the Chief Judge and Board may want to expand on the report.

Commissioner Higgs inquired how many acres were purchased in South Brevard; with Facilities Management Director Hugh Muller responding 20 acres with an option to purchase an additional 15 acres. Commissioner Higgs inquired how many acres are being used for the Service Complex; with Mr. Muller responding approximately five acres. Commissioner Higgs stated that would leave 15 acres; and inquired how many acres are occupied for the Moore Justice Center; with Mr. Muller responding about 15 acres. Commissioner Higgs stated conceivably the 15 acres the County already owns in South Brevard could be used for a courthouse. Mr. Jenkins stated the second acquisition is fairly inexpensive, and it may behoove the Board to buy that additional land. Commissioner Higgs stated she is not disputing that, but is trying to analyze what the County has and could use in relation to what it uses at Viera.

Commissioner Scarborough stated he understands the two judges and judicial assistants in Titusville is a no cost issue, but it will displace visiting judges; and inquired how will staff find a place for visiting judges. He inquired if staff can accomplish that by relocating things within the facilities, and will it create a cost; with Mr. Jenkins responding it is doable on the short-term, but in the long run it is impractical. Mr. Jenkins stated there would be security problems, logistics problems, and a host of other issues; and because they have funding to build two courtrooms now, he would encourage the Board to look at doing that.

Commissioner Scarborough inquired if Judge Silvernail mentioned that the general master is going to displace a judge in the Moore Justice Center; with Judge Preston Silvernail responding in addition to being blessed by the Legislature with two additional judges, Brevard County has been allocated a general master to sit in dependency cases; what that means is the general master, who acts as a magistrate hearing cases, taking facts, listening to witnesses, listening to arguments from lawyers, etc., would supplement the circuit judge currently sitting in dependency cases; and to accomplish that function, the general master has to be near the dependency judge because they work hand-in-hand. He stated the general master would hear the actual cases then issue a report to the circuit judge who would then sign off on the recommendations or have the master revisit the recommendations, or she would visit the facts of the case herself. Judge Silvernail advised the net result of that is the need for space somewhere near the current dependency judge. He stated the juvenile judges are on the second floor at Viera; so somehow additional space for the dependency master needs to be found; and that creates a bit of a problem. Commissioner Scarborough inquired if the master needs a facility like a judge or something less; with Judge Silvernail responding he needs a small courtroom or very large hearing room, but not necessarily a courtroom for a jury trial. Commissioner Scarborough stated the Chief Judge said in addition to facilities for two judges, the County is going to need three courtrooms to facilitate the displaced judge; and inquired if that was calculated in the formula; with Mr. Jenkins responding staff was planning to physically locate the office of the dependency master in the maintenance area; and inquired if Judge Silvernail is referring to courtroom space; with Judge Silvernail responding it is courtroom space to have the capacity to hear cases and take evidence, etc., which the dependency master would be doing. Judge Silvernail advised, using the Legislature's numbers and Delphi System, their numbers confirm the need for five new judges; Brevard County did not get five new judges; but they were told next year they will be getting additional judges because the State cut back on the number it gave Brevard County this year. He noted Brevard County was certified for more judges than it received this year; so it is looking at a tight squeeze over the next couple of years.

Commissioner Scarborough stated his concern is when the Board talks about renovating Facilities Maintenance space for offices for the general master resulting in a deficit of a facility. He stated visiting judges would cause a similar problem; and inquired if that is right; with Mr. Jenkins responding staff will have to find another large hearing room at minimum for the dependence general master. Commissioner Scarborough advised he understands Court Administration has money to change the Facilities Maintenance office; it is a very short-term action and a crunch situation, but they can do some things; and moving to Titusville time-wise will be beneficial because the facilities are already there. He inquired how long would it take to do the alterations at the Moore Justice Center; with Mr. Muller responding two to three months. Judge Silvernail advised the general master will be on board October 1, 2001.

Coleman Goatley, representing Town Center Partners, Bayside Lakes Development Corporation, advised a substantial need for courthouse facilities is going to develop in the near future; there are immediate needs, which are going to be tough to satisfy; but perhaps the most important issue is the future needs, which should consider foremost the population shift to South Brevard. He presented and explained a map of the City of Palm Bay, depicting construction areas, housing, water availability, and the intensity of development compared to ten years ago. He stated Bayside Lakes has water and sewer services; there will be a new Palm Bay facility for utilities there; everything is being developed with Bayside as the center of growth; and the large unpopulated area is going to be infill as sewer and water services are provided. Mr. Goatley advised the possible buildout of Palm Bay is about 270,000 people; that may be possible in ten to fifteen years; and Bayside has certain advantages as it is centrally located with respect to population growth, is accessible, and is intended to be the center of Palm Bay. He presented and explained a map of the roadways in the area that radiate from the center; stated the land is available at a very reasonable price; the County has purchased 20 acres and has an option to purchase an additional 15 acres; and roads and utilities are available to the site right now, so building can start tomorrow. He stated if a courthouse facility is placed at that location, it would possibly result in savings in maintenance costs with the government center and courthouse in close proximity to each other because they could be commonly served. He advised there are two new schools to the west of Bayside Lakes; a new golf course is attracting a lot of people; the Publix Store will open in less than two months, Walgreens has a store that will open shortly thereafter; Harbor Federal is building a new facility soon; McDonald's has its place there; and they are about to close on one church and two others will close shortly. He stated the community is developing a character that is well-rounded; the commercial district is good; the residential areas support reasonably priced single-family residences at $100,000 as well as elaborate places at $450,000; but accessibility is the main factor. He presented the Commissioners with maps showing how the roads fit, where Bayside Lakes is with respect to other facilities in the County, the layout of Palm Bay and its collector roads by which access would be possible when the roads are completed within Bayside Lakes, Emerson Drive, etc., and how certain roads will connect to Grant Road, Babcock Street, Micco Road, Valkaria Road, and a possible future interchange at I-95. He stated Emerson Drive will be four-laned and will provide access completely through Bayside Lakes; it is a good central location for future planning; but he is not sure it will answer the need for a two-room courthouse now. He stated it makes sense for future facilities because it will be centered in a populace area of the County.

Bob Nanni, City Manager of Palm Bay, advised at two previous discussions concerning the future siting of a courthouse, the Board discussed aesthetics, accessibility, population, the need to wait for the 2000 Census, etc.; and those questions have been answered. He stated Bayside Lakes has good infrastructure and water and sewer; there is a joint development plan with the developer for widening of Emerson Drive; and the population in the South County is growing, particularly in Palm Bay which is distancing itself from other communities by its rapid growth. He stated the population numbers are approximately 80,000; however, the City uses electric meter installations which actually puts the numbers at 83,600. He stated some of the past concerns have been resolved; and they hope the Board sees the benefit of putting a courthouse facility in Bayside Lakes.

Scott Ellis, Clerk of the Circuit and County Courts, advised one thing he asked for in the past is not to have four operational courthouses because there are no funds to support four courthouses; so if the Board decides to build a courthouse in Palm Bay, it should be of proper size and move the courts from Melbourne Courthouse. He stated if the Board builds a two-room courthouse in Palm Bay, it will be operating four courthouses; and inquired how would it staff four courthouses. He stated the Board will be better off to wait and build a normal size courthouse in Palm Bay/Melbourne area; what has not been looked at for the hearing officer or new judge is the second floor of the Melbourne Courthouse; and there is room for a judicial area, courtroom, and Public Defender's Office. Mr. Ellis stated one judge will be going to Titusville in the Fall, so what the Board is looking at in the short-term is a courtroom for one judge; and he would hate for it to rush and build a two-room courthouse in Palm Bay and not be able to fund its operation properly. He stated he does not know if the general master is going upstairs or downstairs in the Moore Justice Center; however, that can be worked out locally.

Commissioner Colon inquired if there is room in the Melbourne Courthouse; with Mr. Ellis responding yes. Commissioner Colon inquired if that information was provided to the Board; with Mr. Muller responding it is in Table 12 of the report. Commissioner Colon inquired if staff considered that facility; with Mr. Muller responding it is an option that staff priced out; the challenges is to do it in accordance with the guidelines, which would cost at least $350,000; it would provide one courtroom, but the need is for two, three, or four courtrooms; and there are infrastructure problems with parking. He stated from his perspective, it does not appear to be the right place to expand; the expansion would be for one judge only; and the County would have to rent space for the State Attorney.

Mr. Ellis stated the Public Defender's Office is large enough; the State Attorney can stay where he is; originally there were two courtrooms and two judges on the second floor of Melbourne Courthouse; and the State Attorney and Public Defender shared the space. He stated it could be a short-term solution until the Board decides on a long-term solution; and reiterated his concern about building two courtrooms in Palm Bay, noting it is not a prudent way to go. He suggested the Commissioners go through the Melbourne Courthouse and Public Defender's area; stated it is not used and is very large; and it would work fine for a County judge. Mr. Muller stated the challenge is getting inmates to the second floor, which would require an elevator at $90,000. Commissioner Ellis stated they could have their trials in one of the courtrooms on the first floor; with Mr. Jenkins responding the judge would have to speak to that.

Judge Silvernail advised he is not sure that criminal court would work upstairs; what might work is the family law judge; there are security problems, but it would not require transporting prisoners up and down the stairs. He stated the problem with having all trials downstairs is the massive number of criminal defendants in Circuit or County Criminal Courts; they make multiple appearances in court; so it could be a problem putting a criminal court on the second floor in the Melbourne Courthouse, but it is conceivable for a family court. He stated he is not sure spending $350,000 on a courtroom in Melbourne Courthouse is the right thing to do when staff is not sure that is ultimately what is productive.

Mr. Ellis stated $90,000 is for an elevator; and if they do not hold criminal court upstairs, they would not need the elevator. He stated from an operational point of view, compared to transporting prisoners back and forth to a two-room courthouse in Palm Bay on a two-lane residential street, Melbourne is a small inconvenience. He suggested waiting to build one large facility in Palm Bay that will handle all the needs, because even a two-room courthouse will require court deputies, clerks, and all the things needed for a six-courtroom facility, except that the County would be operating four courthouses.

Commissioner Colon inquired if staff considered night court; with Mr. Ellis responding his office could support night court if security is provided. Judge Silvernail advised they talked about night court to several law enforcement agencies, including the Sheriff; and they are opposed to night court because of the cost to have people attend court at night and providing security. He stated another problem is when would night court start, because most of the criminal judges are going until 6:00 p.m. now; and it would be a matter of clearing out one courtroom and getting another group in there, which would strain the system. Mr. Ellis suggested a County judge to handle evictions, family court, and things like that.

Chairman Carlson inquired if the cost of securing the facility is the problem and not the availability of judges and clearing out courtrooms; with Judge Silvernail responding the law enforcement agencies were concerned, not only with security, but having personnel going to court at night to testify and paying them a differential. He stated they had serious conversations with the Police Chief of Melbourne about this a year ago as they were looking at options; and he supplied figures on the cost, which seemed to be prohibitive. Chairman Carlson inquired if the judges have given thought to the logistics of putting courtrooms in different locations and perspective of circuit versus county and what the best route might be; with Judge Silvernail responding they have been taking a hard look at this because it is coming almost immediately. He stated not only will there be two new judges, but a general master and senior judges; the Legislature recognized the need for more judges, so it allocated up to 380 senior judges' days, which is in essence two full-time judges a year; and that amounts to a significant number of courtrooms in use. He stated they are squeezed to find rooms for civil trials; they dedicate most of the courtrooms for Circuit and County criminal-nature trials; then they have dependency court, juvenile delinquency court, juvenile dependency court, and domestic violence court; and all that adds up to availability of two courtrooms to try civil and family cases. Judge Silvernail advised the immediate economics indicate they need to put two judges in Titusville Courthouse; that will still leave them short a couple of courtrooms; but the question is what will they do in the immediate future. He stated it would be hard to support only two courtrooms in Palm Bay; it would be difficult economically; and the logical conclusion would be to look at building two to four more courtrooms at the Moore Justice Center or adding to the Titusville Courthouse. He stated it would be counterproductive to add to the Melbourne Courthouse; but the Board should look to Palm Bay for the long-term solution.

Commissioner Scarborough stated staff indicated there is half a million dollars that could be used to fund two courtrooms; and inquired how does that bond out; with Mr. Muller responding $7.2 million. Chairman Carlson stated that is if child support enforcement and domestic violence prevention is absorbed by the General Fund, which is $170,000 a year. Commissioner Scarborough stated staff gave the Board numbers of short-term actions, expanding two courthouses at Viera, going to Palm Bay or Bayside Lakes, Palm Bay BCC Campus at $7.1 million, etc.; and inquired how much faster would it be to construct two courtrooms at Viera than at other locations; with Mr. Jenkins responding the immediate option for two courtrooms would be the Justice Center, and the next most immediate option would be Bayside Lakes. Commissioner Scarborough inquired if it is faster to build at Viera than it would be at Bayside Lakes or does it matter; with Mr. Muller responding it would be slower here because they would have to take people out of the Justice Center before renovating the space.

Chairman Carlson stated she supports expansion at the Moore Justice Center; it is not cost effective to build two courtrooms in Palm Bay; but the immediate need is room for two judges in Titusville and more judges next year, according to what Judge Silvernail heard from the Legislature. Judge Silvernail advised the State is either going to give the County more judges or general masters; and masters' offices cost about 50 to 60% less than a judge.

Commissioner Higgs stated Mr. Jenkins identified short-term actions, which would allow two new judges and appropriate staff to go to Titusville, and renovation at Viera for five new State members; and the Board needs to take action on that.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to proceed with renovations to locate two new judges and appropriate staff in the Historic Titusville Courthouse, and to proceed with renovations at Harry T. and Harriette V. Moore Justice Center to house five new State Courts' employees.

Mr. Jenkins inquired if the motion includes permission to go forward with design and bidding construction of the renovations at the Moore Justice Center; with Commissioner Higgs responding yes, that is what was labeled as short-term actions in the May 21, 2001 memo.

Chairman Carlson called for a vote on the motion as clarified. Motion carried and ordered unanimously.

Commissioner Scarborough advised he and Mr. Jenkins spoke about the law library; there is a greater use by the public, as the legal profession uses electronic means to do its research; and suggested meeting with the Board of Trustees of the Law Library to see if there is viability. He stated it may serve the community if it becomes more of a public entity; attorneys can always go there to use it; but his opinion is it has shifted from a tool for attorneys to a tool for the public. He recommended Mr. Jenkins address the issue, as it will free up space at the Moore Justice Center. Mr. Jenkins advised staff is looking at putting the law library in the Central Reference Library in Cocoa if that is an option.

Chairman Carlson inquired how much space would that free up; with Mr. Muller responding approximately 6,000 square feet. Chairman Carlson inquired how much room is needed for a courtroom; with Mr. Muller responding they could probably put two courtrooms in that space.

Commissioner Higgs inquired what is Judge Silvernail's perspective on the use of the law library and if it is more public use; with Judge Silvernail responding he has not been to the law library lately, but will look at that and discuss it with the other judges. Commissioner Scarborough stated if the relocation of the law library would provide more courtrooms at a minimal price, it will buy short-term solutions so the Board can do the right thing for South Brevard in the long run. Commissioner Higgs inquired what space is available at the Central Reference Library; with Mr. Jenkins responding they would have to look at it because the concept just came up this morning. Chairman Carlson stated she is not sure there are 6,000 square feet available, but it is an excellent suggestion to look at. Commissioner Scarborough responded they may not need 6,000 square feet.

Commissioner Higgs stated if the Board approves those short-term options, it will provide for two judges, who will come on board in January 2002, and the General Master; and the second set of judges could be allocated after the next legislative session. Judge Silvernail advised the Legislature has indicated, when it allocated 27 judges this year Statewide, that they left 16 on the table because they could not fund them, and there were a couple of judges in this Circuit; so the Board could probably look at January 2003 for more judges. He stated the Legislature is going to start addressing the masters issue and whether or not to bring on magistrates and masters instead of judges.

Mr. Jenkins stated there are no courtrooms for senior visiting judges right now, nor a hearing room for dependency hearings; and that is why staff recommended doing something with available resources to add at least two or more courtrooms at the Moore Justice Center to address the deficits. He stated even though two judges will be put in Titusville immediately, the Board still needs hearing rooms and courtrooms; so it needs to address two courtrooms in the immediate future.

Chairman Carlson inquired if staff did an estimate of constructing four courtrooms at the Justice Center or just six; with Mr. Muller responding four would cost two-thirds of the cost for six courtrooms. Mr. Jenkins advised if staff is able to relocate the law library, it could provide for four courtrooms at the Moore Justice Center utilizing the $500,000 a year for the expansion. Chairman Carlson stated moving two judges to Titusville and building four at Viera will provide six additional courtrooms; with Mr. Jenkins responding it would provide four additional courtrooms, as the two in Titusville already exist; and if the Board wants six courtrooms, it will take more money that is not available. Chairman Carlson stated six courtrooms would cost two-thirds of $10 million, and there is a potential for $7.2 million. She stated Judge Silvernail said there is a potential for more judges after the two judges come online; and she is trying to maximize construction at the Justice Center before expanding somewhere else. Mr. Jenkins stated if staff is going to do that, it will need direction from the Board; there are a lot of variables; and one they had not contemplated was vacating the law library. He stated construction costs have spiraled out of control; as the market tightens, there could be some improvement in construction costs, but staff does not know that; and if the Board specifically tells staff to plan to see how many courtrooms it could add to the Justice Center with existing resources, they will do that, including the option of relocating the law library. He stated it could be four or five, but they do not know and could not say today because there are so many variables; and it would be speculative at best. He stated if that is the Board's direction, they can be more specific in designing and costing it, and will be able to tell the Board whether there could be 4, 5, 6, or whatever they can get out of the existing space.

Commissioner Higgs stated if Commissioner Scarborough's idea could be expanded upon and further clarified to see if that could work and what the impacts are in terms of other facilities, then that would allow the time as well as accumulation of resources to put a full-size courthouse at the Palm Bay location. She stated there is wisdom in building six or eight courtrooms at that location; the Board needs to move on that as soon as possible because the need is now; if it makes the decision to go ahead with the location it already has and build there, it has the very short-term with expansion of the Justice Center and Commissioner Scarborough's concept to work the law library; and it can move forward to build a full-service facility with six to eight courtrooms or whatever it appears to be because it has sufficient land today to do that. She stated the Board can take the option and increase the land there, then it will have made significant progress for the long term as well as the short term.

Commissioner O'Brien stated he cannot support that; Bayside is supposed to be the center of Palm Bay, and Viera the center of Brevard County; Scott Ellis said spreading out to a fourth courthouse is something that should not be explored; and he agrees with Mr. Ellis on that. He stated if the Board expands any courthouse, it should be at Viera; every study done says the same thing, that courthouses belong at Viera, centrally located all in one spot; and because it has a courthouse in Titusville and one in Melbourne does not mean it should put another one in Palm Bay. He noted perhaps the other two courthouses should be brought to Viera as well. He stated although Palm Bay is the fastest growing population center in Brevard County, other parts are growing also, such as Rockledge, Viera, Suntree, etc.; and a Palm Bay courthouse would have lawyers and judges running up and down I-95 trying to get to that courthouse for trial at 2:00 p.m., back at Viera at 4:00 p.m. and back to Palm Bay at 6:00 p.m. He stated it would not serve the people or justice well having another courthouse in Palm Bay; and if all the courthouses were at Viera, the people and justice could be served.

Motion by Commissioner Colon, to move forward with a courthouse in Palm Bay for the long term.

Commissioner Colon stated the Board has addressed the short term; it cannot prolong looking ahead; the numbers of the Census show where the growth is; it speaks for itself; and the Board should focus on that.

Commissioner Scarborough stated maybe Palm Bay is the next place to go, but the Board needs to talk in sequence; it has taken care of the immediate needs; it has half a million dollars to perhaps create two or four courtrooms at Viera; and he would prefer to move to the short-term action before going with the long-term solution. He stated the Board should talk about the courtrooms at Viera then go to what it wants to do in South Brevard next. He stated when a county gets to a certain size, it can support multiple court facilities; multiple court facilities closer to the people is better justice; and that is the way the Board needs to go. He stated the Board has been given a time line; he would prefer to vote on the short-term action first and maybe come back and do the long term; and somehow it is getting out of sequence if it talks about the long term now.

Commissioner Higgs stated she can fold it into her second to the motion the concept that the Board fully explore the suggestion of the law library and being able to include at least two courtrooms at Viera in the short term. Commissioner Scarborough stated if that is the nature of the motion, he can support it because it has to be a part of the concept. Commissioner Colon stated she was under the impression that the Board had already done that. Commissioner Higgs stated she will make that part of her second if Commissioner Colon makes it part of her motion; with Commissioner Colon responding it is part of the motion.

Mr. Jenkins inquired if the motion includes the concept of exploring, based on available dollars, building as many additional courtrooms as they can at Viera. He stated two courtrooms is the bare minimum; and if they can get four, it will be much better and will serve for two or three years.

Commissioner Scarborough moved to include the law library concept; and inquired if Commissioner Higgs endorsed that; with Commissioner Higgs responding yes.

Mr. Jenkins stated one of the other options is, the Clerk is sitting in the Justice Center in a wing; if it is possible, they could build an attachment to the building for the Clerk and use the existing space within the Center for courtrooms; and they may be able to get four courtrooms out of the Justice Center. Commissioner Higgs stated the Board needs to be careful about how it uses its financial resources; four courtrooms could end up eating up the funding for a long time; that would seem to be a reasonable plan; but she wants to be careful in terms of financial resources. Mr. Jenkins stated from a practical pragmatic standpoint, in order to build eight courtrooms in Palm Bay, which would probably be a reasonable size facility, the Board will need another funding source; the Board has a workshop in July to talk about unfunded capital project needs; and he expects the South Brevard Courthouse would be on that list. He stated if the Board passes this motion, it is saying in essence, maximize the available space at Viera for court facilities with existing revenues, then look for a way to fund a six to eight-courtroom facility in South Brevard.

Commissioner Scarborough stated that is the way the motion reads; however, he would like to have dialogue on the South Brevard facility; he has different perspectives for how that works; but at this time he can support the motion.

Chairman Carlson stated she can support the issue of putting a major facility in Palm Bay as long as the plan is to close down Melbourne and moving the courts there to Palm Bay because she does not agree with supporting four courthouses. Mr. Jenkins noted that is part of the overall concept. Mr. Jenkins advised Parks and Recreation is in a modular building; it could be moved into the Melbourne Courthouse; the County rents space for South Brevard Public Health Clinic; and that could move into the Melbourne Courthouse; so there is plenty of use for that building other than for court facilities.

Chairman Carlson requested clarification of the motion. Commissioner Scarborough stated just include the comments because a lot of it was direction. Commissioner Colon stated she will second the motion if Commissioner Higgs will clarify it.

Commissioner Higgs stated the exploration of up to four courtrooms at the current Viera location for expansion, particularly using the concept of the relocation of the law library and existing funds, and possibly the Clerk's offices.

Commissioner Scarborough inquired if all the options have to come back to the Board; with Commissioner Higgs responding yes, then move to the existing land that the County purchased in Palm Bay as well as securing the option on the land for a major courthouse facility at that location. Commissioner Colon inquired if the Board wants to do it separately. Commissioner Scarborough inquired if the South Brevard community has come to consensus on that location. He stated if the Board does a sales tax, it will have sufficient funds to buy any parcel it wants to in South Brevard and will not be locked into any specific parcel; it will have the capacity to build and make everybody happy; and inquired if the process included that. He stated he would hate to do something and then find out people are not happy with it; and he wants to make sure as many people as possible can be happy. Chairman Carlson noted two Commissioners can answer that; with Commissioner Scarborough responding he wants to hear from the community as well.

Commissioner Colon stated it is not a Palm Bay courthouse; it is a South Brevard courthouse because it does not end in Palm Bay; the Census numbers did not include Barefoot Bay, Grant, or Valkaria; the Board represents all of Brevard County in looking for what is best for the people; and the consensus is there in regards to the community of South Brevard. She stated the Board keeps calling it Palm Bay, but it is for all of South Brevard; and that is the best synopsis. Commissioner Colon stated the numbers show a potential of 270,000 people in Palm Bay; if the Board plans correctly now and puts eight courtrooms in Palm Bay, it is really looking at the big picture and not just the community that is growing; the entire south area is growing fast; and it is going to be the right decision because the infrastructure is already there and the Board is not dealing with make believe numbers. She stated the Census has definitely shown that data to support the decision the Board is making now.

Commissioner Scarborough stated that may be objectively correct, but the problem is if the Board moves the sales tax referendum to fund the court facilities, that may be more subjective than objective; and if the people make the decision that the site is not the site they prefer, the Board would be hindering the capacity to make it come to pass. He stated if the Board feels absolutely certain about the Palm Bay location, that is fine; but it is a critical decision; and he is not comfortable saying a particular site knowing there are a lot of things tied into the acceptability of that to a lot of average people in South Brevard.

Commissioner Higgs stated the Board has met on this issue a number of times; and it has looked at a site on North Babcock, and other sites. Chairman Carlson stated that is not Commissioner Scarborough's concern. Commissioner Scarborough stated he looked at the Wal-mart building and was ashamed to say that is where he would want to put a court facility unless the County razed the building and provided massive landscaping; a court facility is a statement of the community and what it represents; judges have to go there; it is a trying time for people having to go to trial; so the demeanor in which trials are conducted should say this is justice. He stated he is not sure the Board considered every potential site; it has gone out and found cheap sites; and if it can do it right at a better place and get a consensus, he would like to go there. He stated he is not voted in by that end of the County but Commissioners Higgs and Colon are; and of all the options he has been given, this is the less expensive option as opposed to something in 30 years people will say was the right decision. Commissioner Higgs stated there has not been absence of discussion or opportunity to look for other sites; every time the Board talked about this going back to 1993, there have been opportunities for everyone to bring forward sites; and the site the Board purchased last year has all the infrastructure and possibilities and can be developed to be the kind of courthouse Commissioner Scarborough is talking about, that speaks to the values a justice center should have. Commissioner Scarborough stated he has been to look at that site. Commissioner Higgs stated the Board could have 30 other sites suggested and could run around looking at all those; but at this point, with the information it has, this is the thing to do. Commissioner Colon stated strategically it is the right location; financially the Board is fortunate that it is the right price; it is not trying to look for the cheapest; but it wants to make sure that it picked the correct site population-wise. She stated she was hesitant before because she wanted to be accountable when the community asks why the Board made that decision; it is based on all the facts and data given to the Board; and that is why she feels strongly the Board is doing the right thing and looking 15 to 20 years from now.

Commissioner O'Brien stated although the projections are for Palm Bay, he cannot support it; the Board paid for studies done five to ten years ago or longer that all point to the same location, Viera; and there is good reason for that. He stated it was to centralize all the court operations in one place; expanding the Justice Center will serve the entire County and keep the judges, attorneys, deputies, and other people to a minimum; and people from Titusville, Merritt Island, Cocoa, Viera, Suntree, etc. will be well served. He stated a courthouse in Palm Bay will serve Palm Bay and Melbourne; the Board does not draw the cases; and it will not keep the judges where they are and would become an unnecessary expense.

Commissioner Scarborough stated one caveat is that now there are two jury pools; to the greatest extent possible, the judges are going to be moving; if a new courthouse is built in the south part of the County, they are not going to say they have to go to Titusville to try a case; and the Board is trying to have a courthouse where there is not a distance to be driven, because there is no reason to drive by one courthouse to another courthouse to have a case heard. Commissioner O'Brien stated it took years for the Board to convince the judges that women collecting child support should not have to drive from Palm Bay to Titusville for their hearings; and the same thing could happen again.

Chairman Carlson stated it is time to call for a vote on the motion.

Mr. Jenkins inquired if the motion included staff to go forward and get an architect to do some studies and designs on the first phase. Commissioner O'Brien inquired if staff wants to include expansion for the State Attorney's Office as well; with Mr. Jenkins responding that would be for the eight-courtroom facility that comes later. Commissioner O'Brien inquired if the money the County is drawing now comes from the fees collected by the courts; with Mr. Jenkins responding yes, from civil traffic fines. Commissioner O'Brien inquired what was the money being used for in the last five years; with Mr. Jenkins responding it has been paying for the Justice Center, and funding child support enforcement, domestic violence prevention, and small capital court improvements such as the holding cell in Titusville. Commissioner O'Brien inquired if the programs will be dropped; with Mr. Jenkins responding the Board would have to pick them up. Chairman Carlson stated that is explained under the funding information provided to the Board.

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

The meeting recessed at 10:15 a.m., and reconvened at 10:30 a.m.

DISCUSSION, RE: 2002 APPROPRIATION REQUESTS FOR FLORIDA LEGISLATURE

County Manager Tom Jenkins advised the appropriations requests are being brought to the Board early so staff can work to get the items included in the various State Department budgets to avoid the turkey description of legislative funded projects. He stated based on the financial condition of the State, staff is not overly optimistic, but feels they should make the effort to submit those items to the State agencies; the plans also include traveling to Tallahassee if necessary to meet with the State agencies and discuss the items; and there is one change.

Legislative Coordinator Carol Laymance advised Mr. Whitaker wants to change the title of #7 from anti-drug prototype project to a slightly different project, and is here to speak to the Board. She stated the rest of the projects are divided by old projects, which are the same type of projects requested last year, and new projects.

James Whitaker, Director of Circles of Care, thanked the Board and County staff for their support; stated they got the drug court program and got it into recurring funds; but a few things did not pass, and they are coming back with one. He stated #7 says, "request funding for any drug addiction prototype project"; and they want to change that and put it with the new State model rate and call it "a proposal for expansion of adult substance abuse services for Brevard County." He stated it is the same program but shows it as expanding an existing program, which is easier to fund in the State system; it requires no renovation, no County match, and would add to an already existing program since they do the detox; and they have money for short-term residential, but this program would be the one the judges will use to sentence people into a program for long-term treatment. Mr. Whitaker advised the prototype program has been tied to other agencies and caught up with other departments of County government; they want to come back and clarify it and hone it in at the new rate; so the request is to swap their proposal for #7.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to change the title of Item #7 to "Expansion of Adult Substance Abuse Services for Brevard County." Motion carried and ordered unanimously.

Chairman Carlson advised the Governor has given an edict that he is not going to pass any turkeys; and inquired how will the County get projects into the budgets; what has Ms. Laymance seen that seemed to work; and is it worth keeping the repeat issues on the list. Ms. Laymance advised the best way to get it is to have it as a recognizable issue to the State staffs; the staffs of State agencies are the ones who actually do the line item issues and roll them into the budget; and if Brevard County can raise the flags and get those issues familiar to those people early in the year and in the process, its chances are better in getting them rolled into a State budget and not as a turkey or special project budget. She stated in that case, the County would have a better chance of getting the actual funding it requires. Chairman Carlson inquired where do the ones that are repeats stand; how will State staff realize they are more important; why are they kept on the list; and is there justification for keeping them on the list. Ms. Laymance stated the beach restoration matching fund was approved last year; this is a repeat and an extension of an already existing system; and that one has a very high probability of getting folded into a State budget again. She stated because the Juvenile Assessment Center was brought up later in the year as an addition, all the County got was the same budget it got last year, which is just enough to maintain the Center; and what they are asking for is an expansion so they can get it for 24/7. She stated if the County starts early on this item, it will have a better chance of getting more funding and not have it cut to the basic level again.

Mr. Jenkins advised Representative Randy Ball did an extraordinary job in protecting the existing funding for the Assessment Center; he was Chairman of that Committee; and if he had said no, the County would have lost it last year; so the County should be appreciative of what he has done to get that funding this year. Ms. Laymance stated getting more support earlier in the year and getting staff agencies or Department Directors to Tallahassee to speak to the right State staff agencies may get better support. Mr. Jenkins advised Representative Randy Ball, Chairman of the Delegation, and Lobbyist Guy Spearman will be coming to the Board on July to give their annual report.

Commissioner Scarborough inquired if Ms. Laymance could identify in a letter form for the Chairman's signature, issues that individual members of the Delegation helped the Board out with beyond the general assistance, and tell them the Board looks forward to working with them in the next session.

Motion by Commissioner Scarborough, to authorize the Chairman to send a letter of thank you to each member of the Delegation and advise them that the Board looks forward to working with them in the next legislative session.

Ms. Laymance advised she would like to work with Representative Ball on that, because he wants to address the Board on some of the same issues.

Chairman Carlson advised she was in Tallahassee a couple of different times pushing for things and talking with Representative Ball on the issue of the Juvenile Assessment Center and Predisposition; and some of the other funding the Board thought it would get stuck with did not happen largely because of Representative Ball's efforts. She stated it may be important to send appropriate staff, County Manager, or Commissioners to Tallahassee, based on which issues they would like to lobby for, in addition to the Board's lobbyist and legislative delegates. She stated they appreciate seeing Commissioners there because local support bolsters their efforts; and if they see you frequently, they understand it is important to the County. She stated they only see her because she is the Chairman, but next year she will not be Chairman and will still go to Tallahassee; the Board should make sure it makes a big presence up there because it keeps the momentum and State staff going when they understand what the County needs. She stated the Delegation does not only represent Brevard County; it represents other counties as well; and Commissioners should keep that in mind.

Chairman Carlson requested Ms. Laymance explain #3, juvenile detox beds. Ms. Laymance advised there are different personnel here to answer the Board's questions. Chairman Carlson stated her question relates to priorities; the Board has two lists, eight are repeats for $14 million plus and eight are new for $8 million; but neither list is prioritized. She inquired if prioritization is a good idea in terms of what the Delegation is looking for; and do they know what to put emphasis on; with Ms. Laymance responding prioritization is what everybody is looking at, especially last year because of the tight budget for the State legislature; they are constantly trying to see priorities; and if they do not have priorities, they will do it themselves, which may be very random. Chairman Carlson suggested the Board look at the list and come up with prioritization based on what Ms. Laymance thinks has the best chance of going someplace.

Commissioner Higgs stated she does not mind prioritizing, but the Board should get the perspective of Representative Ball and Mr. Spearman of what has the best chance of succeeding and ask that in advance of the meeting with them in July. She suggested Mr. Jenkins and Ms. Laymance work on that so when the Board meets with them, it will be ready to do its prioritization. Chairman Carlson stated there is a possibility of talking to the delegates and getting input from their perspective on priorities because it would give a broader spectrum of detail. She inquired which item is more important, Item 3 or Item 7; with Ms. Laymance responding she has no opinion on that and is just gathering information at this point. She stated she has additional information on #3, the juvenile detox beds, which almost made it through; it was cut at the last conference meeting; so that one, if it had a little more support on both sides, would probably have made it through.

Mr. Jenkins advised part of the annual process is that Mr. Spearman meets with members of the Delegation and tries to get different members to sponsor different bills based on their priorities; so that is the normal process for Mr. Spearman to work with members of the Delegation to see who will sponsor what; and they typically do that based on their interests and what committees they serve on.

Commissioner Carlson stated it would be nice to know how the Delegation is supporting each item; she met with the delegates and knows they have certain issues they are pushing; they may not all be for Brevard County; so it is difficult to know where their priorities are. Mr. Jenkins stated when the Board adopts the requests, staff will begin that process.

Commissioner O'Brien requested Mr. Whitaker discuss #3. He stated it is looking for only two beds; but if a juvenile is arrested or has severe drug problems, he or she is sent to Orlando to a receiving facility for immediate intervention.

Mr. Whitaker advised they are trying to avoid sending juveniles to Orlando because generally their facilities are full; they got some new money to expand their program, but 90% of the time they do not have beds; so Circles of Care has been treating them in the Children Crisis Stabilization Unit. He stated the State gave them funding for 3/4th of a bed; they put more money with it so they could have two beds because generally they come in as one male and one female; and they are asking the State to come up with more money to add a couple more beds so they can have at least five beds available in Brevard County for detox. Mr. Whitaker stated it is not just an alcohol or drug problem; many children have other kinds of mental or emotional problems; and the State put into effect model programs where the Crisis Stabilization Unit and Juvenile Detox can be mixed in one facility. He stated they have started one in Brevard County because they are far away from everywhere else the State has programs; but it has to meet the Crisis Stabilization Unit standards of building and accreditation, which they do; and it is a low-cost alternative for Brevard County. He stated their long-range plan is to build a new children and adolescent crisis unit that will encompass both those programs; they are working on securing the land where they are now to do that; but in the meantime, maybe only one out of ten would have to go to Orlando rather than four or five out of ten. He stated the program had good support among the legislators; however, a lot of people had problems with it because it was so small and wondered why the State could not find the money in the budget. Mr. Whitaker indicated the State may find a one-time funding this year so they can keep the beds going; but to get it as an ongoing project, they will need to get it into the budget; and it does not require County match. He stated they tried to come up with programs that did not require zoning, building, and matching; and tried to do it in existing programs to maximize the dollars for services.

Commissioner O'Brien advised he read that Cape Canaveral and Holmes Regional Hospitals were converting beds for different kinds of care, such as elderly long-term care, because those beds are remaining empty too long; and inquired if it is possible for Circles of Care to work with those Hospitals to convert six of the beds for long-term detox care; with Mr. Whitaker responding they have worked with the Hospitals, but the cost of putting one person in a general hospital is about nine times as much as putting one in the Crisis Stabilization Unit because of the laws regarding licensed hospital beds. He stated he has been to all the Hospitals; they have plans for every bed, which do not include psychiatric care; and they put those patients in other facilities or contract with Circles of Care because psychiatric cases do not drive ancillary costs for x-rays, MRI's, CAT scans, etc. that make money for hospitals. Mr. Whitaker advised Florida Hospital just reduced its number of psychiatric beds by 15; those beds do not pay for a hospital and are too expensive to operate; so they keep trying to come up with a low-cost alternative that is also accredited and meets the community's needs. Mr. Whitaker stated the elderly are another problem they put on the list; they are seeing more 50 to 65-year olds with alcohol and drug abuse problems, and the mentally-ill who have developed alcohol and drug abuse problems; so they put in a request to add ten beds to their facility on Commerce Drive for people 50 to 70 years of age. He stated a new category they are running into are people who have no families or places to go and are filling up emergency rooms and nursing homes; eleven, twelve, and thirteen-year olds are coming in with alcohol and drug problems; they are coming in younger and are on stuff seen in colleges; so the need is here and there are not enough beds, but it is a start in the right direction. He stated he talked to several legislators who said they will keep an eye on it next year; so that is a pretty good request. Commissioner O'Brien inquired if there is a possibility of using hospital beds for immediate intervention then taking those patients from the hospitals to Circles of Care; with Mr. Whitaker responding that would be nice, but it is expensive.

Chairman Carlson advised #5 is for $75,000 for the Veterans Transitional Facility; that has been in the legislative package for several years without positive results; it would seem that $75,000 could easily be put into a budget; it is a State issue; and inquired why the State has not gotten behind it. She noted the Board needs to push for that. She stated operating funds were previously provided through the Agent Orange Class Action suit, but those are no longer available; it is a good project to put in a budget; and the Board needs to find out why the State has not taken any action on it. Chairman Carlson advised the Board is asking for six more Marine Patrol Officers; and inquired if the two positions approved last year have been filled. Mr. Peffer stated he does not know but can find out. Chairman Carlson stated the new laws that may come out of the Manatee Protection Plan may require more law enforcement on the waters; and hopefully the State will follow through on that. She stated the AMTRAK issue is not on the list; and inquired if there is a suggestion on putting in a request for dollars because the price tag is about $45 million that will need to come from local dollars. Commissioner Scarborough inquired if other counties along the line are seeking similar funding, and is there a potential for an alliance to seek funding with delegates up and down the East Coast of Florida. Ms. Laymance stated she does not know that specifically, but will look into it; and her understanding is it is a project that has already been expressed at the State level that there are going to be matching funds or support of funds for stations within municipalities. She stated the request has been supported by the local MPO by Resolution; and all the State wants at this point is to show that the County knows of the issue and supports it as well. She noted it is a municipal issue to get funds for each station. Mr. Jenkins stated it is an issue the Regional MPO alliance could work on. Commissioner Scarborough stated he is concerned about that; there are a lot of inland counties on the Regional MPO; and there may be a need to create an alliance of the East Coast. He stated someone who has taken a leadership role is the Mayor of Cocoa, Ms. Parrish; and perhaps Mr. Kamm could touch base with her. Chairman Carlson stated including verbiage in the packet saying the Board supports the efforts of the municipalities to find funds may help the cause; so staff could put words together for that to be included.

Chairman Carlson advised her big concern is prioritizing; if there are items on the list that target certain agencies, they may come back and say there is only so much money, and inquire which items are priorities; so the Board needs to be able to identify those. She stated by whiffle-waffling around, the Board is not saying what is a priority; and it is going to work against the Board. Commissioner Higgs stated she is not whiffle-waffling around and is ready to go; but she wants to know what the Delegation's priorities are and what the experts say are the best shots before she determines her priorities. Chairman Carlson stated the Board needs to get input from them, so when they come in July, it should be able to answer some of the question; and if the Board needs to prioritize, it will do it then.

Commissioner Colon thanked Ms. Laymance for keeping Commissioners abreast of what has been going on in Tallahassee; and stated she wants to share an issue with the Board. She stated the Commissioners do not have to meet with the Legislative Delegation in Tallahassee; she met with Representatives Bob Allen, Mike Haridopolis, and Mitch Needleman in her office; they are willing to go to Commission Offices if invited; and that definitely can get more accomplished. She stated they met with Crosswinds, Circles of Care, Child Care Association, Juvenile Assessment, United Way, Bernice Jackson, and Gay Williams; they each took five minutes to give the Representatives feedback; and she would like to have Ms. Laymance at those meetings that are taking place. Commissioner Colon advised the big issue was the red tape at the State level and how they change the rules and regulations every year; it is frustrating for the people in the community; they talked to the Representatives who made notes; and it went so well that Representative Needleman is having another meeting next week. She noted he is meeting with all the folks again and said they need to do it ahead of time so he is able to know what is a priority in the County. She encouraged Commissioners to invite the State Representatives to meet with them in their offices. Commissioner Scarborough stated Representative Ball's Office is next to his office and they have a good relationship; his staff is very generous with their time; and they participate in the meetings. Commissioner Colon stated the best time to get them is when they are not in session and are in Brevard County. Commissioner Scarborough stated their staffs are always in their offices if they are not here. Commissioner Colon stated they came to her office personally and were very receptive; it is good for them to hear from the staff versus the Commissioners because they are able to get the details; and Representative Haridopolis was very conscientious about working on the red tape issue. She inquired if the School Board was contacted about its needs; with Mr. Jenkins responding staff had discussions with the Superintendent and his staff; they have issues; and he invited them to submit those issues to this Board to incorporate in its package. He stated they are in the process of putting those issues together; and as the School Board adopts its package, they will share it with the County and ask this Board's specific support.

Chairman Carlson inquired if the School Board has a lobbyist; with Mr. Jenkins responding he thinks it does. Chairman Carlson stated with the route growth management is going and the reform that will probably to some extent become law next session, it would behoove the County and School Board to partner and talk about school overcrowding; it has gotten the attention of every county in the State with Orange County's lead and Brevard County's consideration of some of those issues; so the Commissioners need to be up there pushing for some action to come from that reform.

Commissioner Colon advised it would be helpful if Ms. Laymance could meet with some of the people who are going after grants so they can give her some feedback and she can give them a heads up. She stated they have their own people in Tallahassee to lobby for them, but the red tape was the number one issue; and they do not know what is going to happen in the next legislative session regarding regulations or what the State is going to do to local governments.

Chairman Carlson advised she went to Tallahassee to keep the legislature from raiding P2000 trust funds; and inquired what the end result of that was. She stated the Cabinet passed a motion that would make Florida Forever not be in the same position at sunset; and inquired if Ms. Laymance could talk about that. Ms. Laymance stated she does not have the information at this time but will follow up on that. Chairman Carlson requested that information be brought back to the Board when it meets with Representative Ball and Guy Spearman.

Commissioner O'Brien inquired about Item 5, the request for evacuation information system program for three fixed highway advisory radio systems. Emergency Management Services Director Bob Lay advised lengthwise I-95 is about 72 miles; this item would allow a highway advisory radio to be located in the north, central, and south portions of the County with signs that say in an emergency tune to a particular radio station; and they would have lights that blink affixed to them, so motorists would see the signs that tell them what station to tune to and then hear a voice on the radio. He stated Brevard County does not have that system; if they are in the north part of the County they have blue signs that say tune to traveler information radio, which have been out there three or four years; and they hear someone talking about I-4; but in the south part of the County, they hear static when they tune to a radio station. He stated they have no way of talking to the motoring public; the proposal will allow them to do that; and it can also be used for safety messages regarding accidents. He stated there are two mobile systems that can be used anywhere they have an evacuation in progress or lane closures before they get to the detours so they are not all backed up; and that is the basic proposal. He stated it is an old technology, but Brevard County does not have it at all; and the only place they have that belongs to NASA when going to Kennedy Space Center.

Mr. Jenkins advised it is noteworthy that Mr. Lay and his staff, Steve Benn and others, have gotten more than $4 million in grants from the State in the last several years. Mr. Lay stated they have not gotten a grant for this radio system, and that is why it is on the list.

Chairman Carlson stated the Governor has allowed the County to shift SR 528 to the west in case of hurricanes for evacuation purposes; and inquired if there is anything the Board has to have in place that would require additional dollars; with Mr. Lay responding no, the Florida Highway Patrol and Department of Transportation were tasked to make that happen, so they have to provide the manpower and equipment. He stated the bad thing about it is on SR 528 there are signs that direct traffic to the Port, but none directing traffic in the opposite direction to let them know what is going on; there have to be requirements for verbal message sign boards explaining what is going on so residents do not get upset when they are told to go off on a certain road or are forced to do certain things; however, the procedure they have in place is pretty good. Chairman Carlson inquired if there are adaptations staff could make to the large signs on SR 528, and if they could talk to the Port about doing something; with Mr. Lay responding they are fixed in one direction, but if there were adaptations, they would love to do it. Commissioner Scarborough inquired if they can add to the list as time goes on; with Chairman Carlson responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Appropriation Requests for 2002, as amended. Motion carried and ordered unanimously.

Chairman Carlson advised the legislative session for 2002 will begin on January 23, 2002.

DISCUSSION, RE: RECREATION REFERENDUM BOND ISSUES

County Attorney Scott Knox advised Bond Counsel requested the results of the bond referenda for the North, Central, and South Recreation Districts and the Merritt Island MSTU be read into the record, and that they will be closing on the bond issues at the end of this week or next week. He stated Bond Counsel requested the Chairman and Vice Chairman of the Board of County Commissioners, who are also the Chairman and Vice Chairman of the Recreation Special Districts and MSTU boards, be available for the closing; however, he heard earlier that two Commissioners will be on vacation. Mr. Knox recommended the Board authorize Commissioner Higgs to sign whatever documents are necessary to close the bond issues, if they need to do that.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize Commissioner Nancy Higgs to sign any and all documents required to close the bond issues for North Brevard Recreation Special District, South Brevard Recreation Special District, and Merritt Island Recreation Municipal Service Taxing Unit (MSTU) if necessary. Motion carried and ordered unanimously.

Mr. Knox advised the election results of the bond referenda for North, Central, and South Brevard Recreation Districts, and Merritt Island Recreation MSTU are as follows:

North Brevard Recreation Special District Approved 13,437 to 13,197
South Brevard Recreation Special District Approved 58,672 to 52,419
Merritt Island Recreation MSTU Approved 10,068 to 9,448
Central Mainland Recreation Special District Rejected 10,414 to 10,689

The Board acknowledged receipt of the election results noted above as read into the record by the County Attorney.

APPROVAL OF DONATION, RE: SURPLUS WHEELCHAIR LIFT VAN TO VA CLINIC

County Manager Tom Jenkins advised the VA Clinic is in need of a wheelchair lift van; the County has a surplus 1993 high-top vehicle with an interior wheelchair lift it would like to donate to the VA Clinic; and requested approval of the donation.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve donation of a surplus 1993 high-top vehicle with an interior wheelchair lift to the VA Clinic at Viera. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: ELECTRONIC AGENDA DEMONSTRATION

Chairman Carlson advised there will be a demonstration of an electronic agenda across the hall; and invited all Commissioners and appropriate staff to attend the demonstration.

Upon motion and vote, the meeting adjourned at 11:05 a.m.

ATTEST: ___________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

___________________
SCOTT ELLIS, CLERK

(S E A L)