April 22, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 22, 2003, at 9:01 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Ron Pritchard, Nancy Higgs, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Rabbi Fred Natkin of Congregation M’atech Chaim, Palm Bay, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Minutes of January 14, February 6 and 18, and March 4, 2003 Regular Meetings. Motion carried and ordered unanimously.

REPORT, RE: MEETING OF THE LEGISLATURE

Chairperson Colon stated the Delegation meeting in Tallahassee has been postponed. County Manager Tom Jenkins advised it will be rescheduled as there was not a sufficient number of Legislators because of previous commitments. Chairperson Colon advised the Board was going to hear Item VI.F.3, Glenda Busick, Cape Canaveral Hospital, Inc. and Health First, Inc., at 9:15, and will do so for the folks who came today, after Resolutions. Commissioner Higgs stated there is still a Finance and Taxation Committee meeting, so it is timely the Board take the item at 9:15 a.m.

REPORT, RE: ITEMS REMOVED FROM AGENDA UNDER UNFINISHED BUSINESS

County Attorney Scott Knox advised he needs to pull Item V.B, Legislative Intent, Re: Location of Adult Entertainment Establishments and Commercial Physical Contact Parlors, in its entirety for future consideration because of developments in the City of Cocoa which have caused concerns with the issues to be addressed. He stated Mr. Torpy agreed to give the Board additional information regarding Item V.A, Settlement of Appeal with Timothy and Karen Nielsen, Re: Denial of Vested Rights Determination, by noon Friday, but did not do that; and he would like to postpone that until May 6, 2003. Chairman Colon inquired if it is Timothy and Karen Nielsen; with Mr. Knox responding yes.

REPORT, RE: ADMINISTRATIVE PROFESSIONALS APPRECIATION DAY

Commissioner Pritchard advised April 23, 2003 is Administrative Professionals Appreciation Day, formerly Secretary’s Day beginning in 1952; and the final name changed occurred in 2000 by the International Association of Administrative Professionals. He stated the new name keeps in step with the changing job titles, and expanding responsibilities of today’s administrative workforce; and today there are more than 3.9 million secretaries and administrative assistants working in the United States and 8.9 million people working in various administrative support roles. He thanked all County administrative employees on this day for their dedication to their assignments and service to the public. He advised he usually says “do you want to speak to the person in charge or the administrative assistant who really knows what is going on”.

REPORT, RE: FLORIDA DEPARTMENT OF TRANSPORTATION MEETING

Commissioner Pritchard advised the Florida Department of Transportation will hold a public meeting May 6, 2003 from 6:00 p.m. to 8:00 p.m. at the Merritt Island High School cafeteria; and the issue is the widening of Courtenay Parkway.

REPORT, RE: TITUSVILLE PLAYHOUSE

Stacy Johnson, Executive Director of Titusville Playhouse, stated the Titusville Playhouse has been around since the 1950’s; it was incorporated in 1965, and performed in various locations; and finally they bought and renovated an old movie theatre in downtown Titusville in the mid 1980’s. She stated they are a 300-seat community theatre with a full liquor, soda, and snack bar; and they have new carpet and chairs, so they are looking good. She stated there is a wonderful education program called TIP Kids, for children and young adults in grades 1-12; they do five youth performances a year; this year they did a Christmas Carol, The Diary of Anne Frank, and Rapunzel; and summer camp is ready to perform James and the Giant Peach and Bugs. She stated the main season is about to wrap up in May; they are finishing with the world’s longest running musical The Fantasticks, and that will run May 9-25, 2003. She stated once the season ends, they start up with a whole other season, which will include Sugar, The Taming of the Shrew, and Annie Get Your Gun. She advised they have a wonderful volunteer program; they have two full-time employees and two part-time employees; so everything else is done by volunteers, including actors, working the box office, office, set construction, and lights, etc. She stated they do special events throughout the year, including a concert series where they team up with local musical organizations; and the last concert will be April 26, 2003. She stated they have teamed up with Brevard Symphony Orchestra, and all doing a concert with Brian Slossen, who is a grammy-nominated artist. She thanked the Board for their support; and stated she will be in lobby with literature.

REPORT, RE: ITEMS PULLED FROM CONSENT AGENDA

Chairman Colon advised Item III.A.8, Task Order No. 98-002-28 with Post, Buckley, Schuh & Jernigan, Inc. for Design/build Engineering Services for Pump Station in Deer Run Subdivision, and III.A.15, Second Amendment to Agreement to Donate Land with A. Duda & Sons for Pineda Causeway Extension have been pulled from the Consent Agenda due to there being cards from people who wish to speak on these items.

PRELIMINARY PLAT APPROVAL, RE: OCEAN ESTATES TOWNHOMES

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant Preliminary Plat Approval for Ocean Estates Townhomes, subject to not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY AND FINAL PLAT APPROVAL AND CONTRACT WITH RIVERVIEW
DEVELOPMENT AND CONSTRUCTION, RE: OCEAN VIEW TOWNHOMES

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant preliminary and final plat approval for Ocean View Townhomes, subject to minor changes if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining appropriate jurisdictional permits; to execute Contract with Riverview Development and Construction guaranteeing improvements in the project. Motion carried and ordered unanimously.

FINAL PLAT AND CONTRACT WITH LENNAR HOMES, INC., RE: GRAND ISLE,
PHASE 3

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final plat approval for Grand Isle, Phase 3, subject to approval not relieving the developer
from obtaining appropriate jurisdictional permits; and to execute Contract with Lennar Homes, Inc. guaranteeing improvement in the project. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH JOSEPH R. AND NANA L. TYLER
AND RANDOLPH M. AND SALLY M. KING, RE: PROPERTY OFF TURTLE MOUND ROAD

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Joseph R. and Nana L. Tyler and Randolph M. and Sally M. King for property off Turtle Mound Road. Motion carried and ordered unanimously.

LEGISLATIVE INTENT, RE: AMENDMENT OF SECTION 62-2109, FENCING

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve legislative intent to amend Section 62-2109 of the Zoning Code relating to fencing and walls height restrictions and setback requirements on residential corner lots along side streets. Motion carried and ordered unanimously.

LEGISLATIVE INTENT, RE: AMENDMENTS TO ANIMAL-RELATED ZONING
REGULATIONS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the legislative intent to amend animal-related zoning regulations for consistency with State regulations. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCES #06-2003 THROUGH #09-2003
FROM THE CITY OF COCOA, RE: ANNEXATIONS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to acknowledge receipt of Ordinances #06-2003 through #09-2003 from the City of Cocoa, annexing approximately 7.7 acres at Wright Street, .94 acre at Cox Road, 4.2 acres at SR 524, and 4 acres intended for use as a church at the west edge of Pineda Street. Motion carried and ordered unanimously.

RESOLUTION AND MAINTENANCE MAP, RE: CERTIFYING GRADICK DRIVE
AS A COUNTY ROAD

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution and approve Maintenance Map certifying Gradick Drive at Goat Creek Bridge as a County Road. Motion carried and ordered unanimously.

RESOLUTION, RE: TERMINATING ORDINANCE NO. 99-62 AND RESOLUTION NO.
2000-137, EVERGREEN WATERLINE MSBU

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution terminating Ordinance No. 99-62 and Resolution No. 2000-137 creating Evergreen Waterline MSBU. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING INITIAL ASSESSMENT FOR PARKWAY DRIVE
WATERLINE EXTENSION MSBU

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt an Initial Assessment Resolution ordering the acquisition and construction of assessable improvements consisting of a potable water system for Parkway Drive Waterline Extension MSBU. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING
TOBY AVENUE ROAD PAVING MSBU

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to advertise a public hearing for May 20, 2003 to consider an ordinance creating Toby Avenue Road Paving Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RECONSTRUCTION OF
MURRELL ROAD, FROM CRANE CREEK BOULEVARD TO WICKHAM ROAD

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to advertise a public hearing for May 20, 2003 to consider authorizing the Roadways and Landscaping Department to perform reconstruction of Murrell Road as a four-lane roadway, from the southern intersection of Crane Creek Boulevard to Wickham Road. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CONSTRUCTION OF DAIRY
ROAD AND SINGLETON AVENUE INTERSECTION IMPROVEMENTS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to advertise a public hearing for May 20, 2003 to consider authorizing the Roadways and Landscaping Department to perform construction of Dairy Road and Singleton Avenue intersection improvements. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: HOMESTEAD AVENUE AND BAMBOO AVENUE

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve installation of speed humps on Homestead Avenue and Bamboo Avenue in Port St. John. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: LEJEUNE DRIVE

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve installation of speed humps on LeJeune Drive located on Merritt Island. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTY ACQUIRED FOR FUTURE
MITIGATION

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution canceling 2001 taxes on property in Indian River Park acquired for future mitigation. Motion carried and ordered unanimously.

RESOLUTION, RE: ADOPTING SHIP LOCAL HOUSING ASSISTANCE PLAN

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution adopting the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for fiscal years 2003-04, 2004-05, and 2005-06; authorize the Chairperson to sign required State Certifications and the Housing and Human Services Director to submit the Plan to the Florida Housing Finance Corporation and make any minor amendments that the FHFC determines are necessary to meet the requirements of Florida Statutes 420.907; and authorize Housing and Human Services Department to advertise the availability of SHIP funds. Motion carried and ordered unanimously.

AMENDMENT TO POLICY, RE: REPLACEMENT, REHABILITATION, AND
REPAIR DEFERRED LOAN PROGRAM FOR LOW-INCOME HOMEOWNERS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve amendment to the Replacement, Rehabilitation, and Repair Deferred Loan Program for Low Income Homeowners Policy dated January 14, 1999. Motion carried and ordered unanimously.

AMENDMENT TO POLICY, RE: FIRST TIME HOMEBUYER PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve amendment to the First Time Homebuyer Program Policy. Motion carried and ordered unanimously.

AGREEMENT WITH FREEDOM OUTPOST MINISTRIES, RE: GRANT AWARD

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize execution of an Agreement with Freedom Outpost Ministries for a grant of $2,500 from Community Based Organizations emergency set-aside dollars to replace an inoperable septic system at the shelter and transitional house. Motion carried and ordered unanimously.

RESOLUTION AMENDING CAPITAL IMPROVEMENTS ELEMENT AND GRANT
APPLICATION, RE: CHAIN OF LAKES RECREATION COMPLEX

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution authorizing amendment of the Capital Improvements Element of the Comprehensive Plan to include development of Chain of Lakes Recreation Complex and to apply to Florida Department of Environment Protection Land and Water Conservation Fund for a grant to develop the park; authorize the Parks and Recreation Director to execute LWCF’s Standard Grant Agreement; and approve Budget Change Request (BCR) to establish the project account, if the grant is approved. Motion carried and ordered unanimously.

AGREEMENT WITH EMERGENCY MEDICAL EDUCATION AND TECHNOLOGY
SYSTEMS, INC., RE: STUDENT RIDE-A-LONG PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Agreement with Emergency Medical Education and Technology Systems, Inc. allowing EMT students to ride on County Rescue Units to achieve hands-on training; and authorize the County Manager or his designee to execute renewal options as outlined in the Agreement. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH DOOLEY & MACK CONSTRUCTORS, INC., RE:
MELBOURNE TRANSFER STATION

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Change Order No. 1 to Agreement with Dooley & Mack Constructors, Inc. for Melbourne Transfer Station to change the retainage from 10% for a one-time partial release of $200,000 for site work
completed by Cronin Construction Corporation. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION, RE: DERELICT VESSEL REMOVAL

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Agreement with Florida Fish and Wildlife Conservation Commission for a grant of $4,850 to remove four derelict vessels; grant permission to quote and award the lowest quote; and authorize the Solid Waste Management Director to execute change orders to the County’s Derelict Vessel Grant Agreement. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE FROM STATE CONTRACT, RE: HYDRAULIC
SEWER LINE MAINTENANCE EQUIPMENT AND TRUCK CAB AND CHASSIS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the purchase of hydraulic sewer line maintenance equipment and a truck cab and chassis from the State Contract for Districts 3,4 and 5. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING TAX EXEMPT COMMERCIAL PAPER LOAN
FOR PARKWAY DRIVE WATERLINE MSBU PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution authorizing the borrowing of not to exceed $490,000 from the pooled Commercial Paper Loan Program for construction of a waterline within the Parkway Drive Waterline MSBU. Motion carried and ordered unanimously.

AMENDEMENTS TO LEASE AGREEMENTS WITH INTERCHANGE SQUARE
LIMITED PARTNERSHIP, RE: OFFICES FOR TAX COLLECTOR,
SUPERVISOR OF ELECTIONS, AND PROPERTY APPRAISER IN PALM BAY

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Third Amendments to Lease Agreements with Interchange Square Limited Partnership
for office space for the Tax Collector, Supervisor of Elections, and Property Appraiser in Palm Bay. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-55, RE: PUBLIC MEETING AT
GOVERNMENT CENTER

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the revised Policy BCC-55, Public Meetings at Government Center, to ensure orderly, safe,
and informative proceedings for all members of the public who attend public meetings in the Government Center. Motion carried and ordered unanimously.

RESCIND POLICY BCC-59, RE: SMOKING IN PUBLIC BUILDINGS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to rescind Policy BCC-59, Smoking in Public Buildings, as Amendment 6 to the Florida State Constitution prohibits smoking in enclosed indoor workplaces. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR QUALIFICATIONS, APOINT
SELECTION AND NEGOTIATING COMMITTEE, AND EXECUTE
AGREEMENT, RE: LEGAL SERVICES FOR CHARTER REVIEW
COMMISSION

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the County Attorney to advertise a Request for Qualifications to solicit independent legal services to support the Charter Review process; authorize the Charter Review Commission to appoint a Selection Committee; appoint the County Attorney and County Manager or their designees to the Negotiating Committee; and authorize the Chairperson to execute the Agreement and any subsequent amendments contingent upon approval by the County Attorney and Risk Management. Motion ordered and carried unanimously.

RESOLUTIONS, RE: EXPRESSING APPRECIATION TO RETIRING TEACHERS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolutions expressing appreciation to Joan Braggs, Lynda Briggs, Anita Brown, Harry Coleman, Laura Dixon, Sara Dyer, Doris Franklin, Susan Hall, Arthur Heil, Jr., Connie Hyder, Mary Ann Jameson, Thelma McCullum, Thomas Merrill, Pauline Nelson, George Nolan, Roger Norman, Jr., Barbara Pariso, Sybil Peterson, Sharon Pugh, Robert Russell, Mary Stromire, James Talbert, and Edwina Tucker, retiring teachers in District 1. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING DAYS OF REMEMBRANCE OF THE
VICTIMS OF THE HOLOCAUST

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming April 27 through May 3, 2003 as Days of Remembrance of the Victims of the Holocaust. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR FISCAL YEAR THAT ENDED SEPTEMBER 30, 2002

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to acknowledge receipt of the Brevard County Comprehensive Annual Financial Report for the fiscal year that ended September 30, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approval bills as presented. Motion carried and ordered unanimously.

RESOLUTION, RE: HURRICANE AWARENESS MONTH

Commissioner Pritchard read aloud a Resolution proclaiming Hurricane Awareness Month.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 2003 as Hurricane Awareness Month, and urged the cooperation of the National Weather Service, municipalities, and media to inform the residents and visitors of Brevard County on appropriate preparedness and safety measures. Motion carried and ordered unanimously.

Emergency Management Director Bob Lay stated today is Earth Day, but it marks an unusual phenomena in that there is a named storm named Anna in the Atlantic now; it is only the second subtropical storm in recorded memory this early; and the last one was in 1992; and there is a named storm named Anna in the Atlantic Ocean now. He advised there is the possibility of up to eight hurricanes, and thirteen named storms; and three may be major hurricanes. He stated the people behind him, Pastor David Harris representing the volunteer organizations assisting in disasters, Lars Halvick representing the Merritt Island Kawanis Club, Mark Fischer representing Brevard Preparer’s and the local mitigation strategy, and Mary Bolin. He stated without all the people and organizations working together, the public would not be as informed. He advised there is concern about this hurricane season since there has not been a hurricane in the area for a long time. He stated he wants to thank the County Commission for supporting them.

Commissioner Carlson inquired if Mr. Lay will mention the events coming soon; with Mr. Lay responding in conjunction with this type of preparedness they are preparing the residents through the Community Emergency Response Team Program; and they have three programs going on this week. He advised the first of May they kick off in Barefoot Bay, Merritt Island, and several other areas; and they are all over the place through the end of June with the Community Emergency Response Teams.

DISCUSSION, RE: CAPE CANAVERAL HOSPITAL, INC. AND HEALTH FIRST, INC.

Chairman Colon advised information needs to be sent to Tallahassee as soon as possible regarding this subject; and requested the representative for Glenda Busick come forward to speak on this item.

Charles Christensen advised he wants to make comments for himself and Commissioner Pat Davis of the City of Cocoa Beach as she is not present. He stated he wants to read the following for Pat Davis, “I am a Cocoa Beach City Commissioner. I do not speak for the entire Commission, only for myself. I support good healthcare, and once again thank you for allowing my input on this very important matter regarding HB 601 and its amendments, and its Senate Companion Bill dealing with the Cape Canaveral Hospital District. I’m in Tallahassee today regarding this matter. I apologize for not coming before you in person, but felt it was more urgent that I travel to Tallahassee today. To review my concerns, lack of public input and ample time for review of the Bill and amendments, and inability of the public,

Cocoa Beach and Cape Canaveral City Commissioners, Brevard County Commissioners, and even the Brevard Delegation to know of and have ample time to review wording of amendments and give input. The only public notice was a tiny ad mixed in with other classified ads. Dredge and fill issue, pollution concerns and adequate hearings, taxing authority, Health First says it is not needed so it should be eliminated from the Bill. Condemnation of lands within and without the Hospital District, again not needed so it should be removed from the Bill. Taxation without representation, voters have no direct voice in the governing of the District nor is District answerable to the public. Hospital District Board is appointed by the Governor and not elected by the taxpayers of the District which is Cocoa Beach and Cape Canaveral. Unfair taxation, hospital will serve a regional area, including several municipalities and Brevard County, but only Cocoa Beach and Cape Canaveral citizens will be subject to being taxed or at the risk for bond issue liabilities. Heightened density issues, this in addition to dredge and fill issues, and is not instead of dredge and fill. I am in support of height of 130 feet contingent on no filling. Now it appears to be an equal land swap, previously approximately 35 acres of submerged land was to return to the State. A private corporation will virtually be usurping local government authority and jurisdiction, that is of the City of Cocoa Beach and Brevard County. These are a few of my concerns. I oppose the way in which this issue is being handled. Please consider these issues, discuss them, and give your input today to the Brevard Delegation and other Legislators before this done deal is done. Thank you, Pat Davis.” He stated the hospital wants to make major expansions as evidenced by planned parking garages for 1,800 cars; that is a lot of people to evacuate in the event of a hurricane; and inquired where are they to go. He stated many may recall the uproar when the County sold Certificates of Participation to avoid going to taxpayers for bond issues; this Bill will add the right to issue revenue certificates that will not go to the taxpayers for approval; and they pay for it with their right to pass along a one mill to the taxpayers of Cocoa Beach and Cape Canaveral without taxpayer approval. He stated Merritt Island and other municipalities using the hospital would not be taxed; bond issues of up to $450,000,000 could be issued, and $2,250,000 could be taxed with voter approval; and Health First says it does not have plans at this time to tax or condemn property. He stated in that case the rights should be removed from the Bill, or if not, the Tax District should be expanded to include Merritt Island and the other municipalities using the hospital. He stated it was the decision of Health First to build a huge parking garage and doctors’ offices on limited ground space, when according to the news it desperately needs to expand its emergency room; and it was its own poor judgement that squandered this valuable land space. He stated he hopes the Board will assist the people and help protect the taxpayers from being at the mercy of those with such poor judgment.

Mayor Skip Beeler stated as the Mayor of Cocoa Beach he wants to make it clear he does not have a conflict of interest as he has been to the State of Florida Ethics Commission. He advised his primary job is an occupational physician at Kennedy Space Center. He stated the City Commission voted 3-2 on House Bill 601 on March 28, 2002; at that time the audience was 5-1 in favor of the hospital; and e-mail and phone calls were 20-1 in favor. He stated with his personal experience as a resident and elected official, he can say the majority of the residents support the hospital expansion. He advised it was a significant issue during the last election; and his election was a statement that Cocoa Beach supports the hospital; and wants to encourage its expansion. He stated the people of Cocoa Beach have spoken to the height and density restrictions and do not want high buildings in the City; and they are not concerned about the hospital property on the Island as it is not contiguous with the City. He stated House Bill 601 allows City control over all aspects of the hospital and Comprehensive Plan except height and density. He stated the Hospital District must submit a public facilities report to the City; the Hospital District’s height, density, and intensity will comply with all applicable State and local laws, except the Cocoa Beach City Charter and Land Development Regulations as to height, density, intensity, and filling; and the filling of submerged lands will be regulated by Chapter 253.373 and will be evaluated by the St. Johns River Water Management District Board and Department of Environmental Protection. He stated the Bill may be a way to separate politics of one City with the hospital so it can expand without having to break the height and density restrictions. He stated he wants to take the politics out of this issue, as it is a regional medical resource, and allow the Bill to go through.

Carl Scheuplein stated he believes the hospital is contiguous with the City; and there is not a space between the City limits and the hospital. He stated they are not against expansion, just how they expand it; and the hospital owns property within Cocoa Beach and Merritt Island, so it is the way the hospital expands. He stated there are some people against filling; and they have fought against it for years. He stated if the Hospital District is approved, they will have to work with that; and perhaps the hospital should not be within the city limits of Cocoa Beach, but should be returned to the County. He stated the newspaper said in one article the hospital is serving Satellite Beach, Patrick Air Force Base, Cocoa Beach, Cape Canaveral, and Merritt Island; and in another article it said all those cities plus Cocoa. He stated Cocoa Beach worked on getting the hospital when people could not get across the Causeway because it was two lanes with a draw bridge; there were times when they could not get someone to the hospital in Cocoa; the hospital should be the County’s, and the County should support it.

Beth Allen stated she is the wife of State Representative Bob Allen, but is speaking on her own behalf. She advised she was born at Cape Canaveral Hospital; chose to give birth to her daughter at Cape Canaveral Hospital; and had her broken wrist fixed at the hospital; and the care the hospital provides is fantastic. She stated the Bill will allow the hospital to address future health care needs of Merritt Island, Cape Canaveral, and Cocoa Beach. She stated the population is aging; she has no idea what health problems she will have as she gets older; but she wants to have a good hospital nearby that can take care of her. She stated people concerned about the newspaper coverage of the Bill should contact Florida TODAY and complain to its editorial board about their coverage. She advised everything pertaining to the hospital has been well publicized and discussed in public meetings; and she would suggest people pay more attention to what is going on in the Legislature and City Council meetings.

Lisa Scheuplein stated she wants to give her time to a video of December 4, 2002. The video included discussion by the Legislative Delegation regarding the Cape Canaveral Hospital District; Representative Bob Allen made the motion, and Senator Bill Posey seconded the motion to accept the recommendation for local Bill support; and the vote was unanimous.

Chris Kennedy, President of Cape Canaveral Hospital and the Administrator of the Cape Canaveral Hospital District, stated he hopes to try to describe the purpose, consensus and convictions about the Bill. He stated there is consensus that the age of Brevard County citizens will continue to rise, and the population will increase, so the need for healthcare resources will increase; and the Cape Canaveral Hospital needs to expand to meet the needs of the community, or their health care will suffer. He stated where there is confusion is this is not a new special district; it has been in place since 1959; the legislation does have elements of taxation and condemnation; and they have been there since the inception. He stated the taxes initially assessed were when the hospital was being created; they ran through 1985 until the hospital was leased; and at that time it was stopped. He stated since 1985 there have been no taxes, and there is no intention for taxes for the future. He stated on the condemnation issue, it has been there since the inception; in the 44 year history it has never been exercised; and it is the sixth oldest Special District in Brevard County. He stated Representative Allen worked very diligently with the hospital to create a facilities plan, with the exception of height, density, intensity, and fill of the 11-acre site. He stated they are within the Comprehensive Plan; they are required to form a facilities plan that has to be consistent with the City’s Comprehensive Plan; and it must go to the City of Cocoa Beach for building permits. He stated the Legislation does not guarantee the State will exchange land at the front of the hospital; the hospital must go through the Cabinet and the Governor, and the legislation does not give Cape Canaveral Hospital District the final authority. He advised the majority of the constituents the hospital serves want and expect the hospital to be allowed to continue to grow and meet the healthcare needs; the conviction of the majority of the Cocoa Beach residents, while in favor of limiting height and density for their coastline structures, was never intended to negatively impact the hospital; and the District Board, as part of its responsibility as board members appointed by the Governor, must continue to position the hospital to meet the future healthcare needs of the community. He stated it is a 30-year plan the hospital is working; they have been working on it at the State level for 12 years and at the local level for four years with no definitive resolution; available beds are scarce; waiting times have increased; and the Bill provides some release, relief, and resolution.

Sue Currier stated she wants to read a prepared statement by the Green Party, “We the Green Party of Brevard oppose House Bill 601. In a recent vote, the membership of the Green Party of Brevard voted unanimously to oppose House Bill 601. We feel allowing the Cape Canaveral Hospital, or any other organization, to fill State-owned, submerged land in the Indian River Lagoon is not in the best interest of the State or the citizens of Brevard County. We think this action would be reckless and dangerous to the fragile eco-system. We feel the hospital should work closely with the City of Cocoa Beach and organizations such as the Audubon Society to create a compromise that would provide additional building space and parking to allow it to grow but not at the expense of the environment. We are pleased that the request to allow the hospital to de-annex itself from its current municipality was struck, but the new amendment that enables them to preempt the City in regards to height, density, and the ability to fill the river is going in the wrong direction. We think allowing the Cape Canaveral Hospital to preempt the City is not in the best interest of the City, its citizens, or the hospital. This sets a dangerous example and precedent for other organizations who might simply not be happy with the local government rulings. Additionally, there may be legal issues regarding weakening of municipalities’ comprehensive plans.”

Albert Cleveland stated he is here as a resident of the City of Cocoa Beach; he has been a resident for 24 years; and quality healthcare is too important for the citizens who are served by Cape Canaveral Hospital to have the hospital at the whims of the petty politics of one City Commission. He stated the hospital serves a much greater body than the City of Cocoa Beach; and the people need to have quality healthcare. He stated while in the hospital ones surroundings affect ones attitude and quality of mind; Cape Canaveral Hospital has one of the greatest views of any hospital; that is something that helps improve the sick people; and Cocoa Beach needs that hospital. He stated in the plan the hospital has, they will greatly improve the environmental aspects of the hospital; they will still have to go through all the permitting processes; and everyone who is opposed to all of those things will still have the opportunity at public hearings to voice their concerns. He stated at every City Commission meeting, all issues pertaining to the hospital have been greatly in favor of the hospital. He stated at the City Commission Chambers of Cocoa Beach, the room was so full one could not get inside for all the people who want the hospital to be improved. He urged the County Commission to support House Bill 601 and the amendments.

Jim Egan stated he has a statement from Dr. Wes McClunen, as he may not be able to attend, and would like to pass it out. He stated he is speaking on behalf of the Marine Resources Council, which is not opposed to the expansion of the Cape Canaveral Hospital, but cannot support the current proposal to expand by permanently destroying 8.85 acres of the Banana River. He stated they do not support the wording of a current compromise as it establishes the exchange of public lands, including an aquatic preserve, is in the public interest and would ultimately result in a portion of the Banana River Aquatic Preserve being permanently filled in. He stated aquatic preserves are the most protected waters in the State of Florida; allowing the filling of these preserves is a dangerous precedent; they have never been destroyed before; and the fact that this establishes public interest is using a loophole in the aquatic preserve rules. He stated if you need to reconfigure a shoreline or fill in a dead-end canal, which would improve the environmental health of the water body, the rules allow for filling. He stated the Banana River Aquatic Preserve is part of the Indian River Lagoon, an estuary of national significance with over 4,000 species dependent on it, which is more species than any other water body in America. He stated the lands the hospital is seeking to fill contain an acre of sea grass, which is vital habitat for over 10,000 fish per year. He stated the proposed compromise language offers 8.85 acres of submerged lands the hospital owns in exchange for the publicly owned lands. He stated the hospital has already tried and failed to receive permits to fill the lands they are offering for exchange; the title to these lands only allows them to be used for hospital use; trading them will not result in any additional submerged lands being protected, only the permanent destruction of the lands they are given; and the lands they are offering are currently being used, so it is not that they are creating lands that do not exist presently. He stated the Marine Resources Council is not opposed to the hospital expanding upward or anywhere on its current uplands, but they will not support the intentional, permanent destruction of a portion of the most bio-diverse water body in the United States. He stated personally as a taxpayer and resident of Brevard County, this was supposed to be a codification, and it was not supposed to add all the provisions to it. He stated the real issues are precedent setting, the destruction of aquatic preserve, and the relinquishing of an elected Legislative body’s ability to regulate its own jurisdiction. He stated even though the opponents of the expansion to the Lagoon have not been against the hospital’s expansion, in documents submitted to St. Johns River Water Management District when it has proposed filling in the Indian River Lagoon, the hospital did give them a needs assessment. He advised of selected hospital utilization characteristics in Brevard County by hospital in 1998; and stated Cape Canaveral Hospital is listed as having an occupancy rate of 48.8%. He advised this expansion will not bring a single hospital bed to Cape Canaveral Hospital.

Chairperson Colon requested Mr. Kennedy come back to the podium for a question. She inquired if any expansion adds beds to the hospital; with Mr. Kennedy responding yes. Chairperson Colon inquired how many beds; with Mr. Kennedy responding it goes up to 330 beds over a 30-year plan; and there are 150 beds currently. He stated he knows many times healthcare is complex, and it also includes services that are being provided. He stated the occupancy rate is 72%; in 1998 it may have been 46%; but the issue they have been dealing with is growth in hospital beds and services provided for people having extensive surgery but only staying for one day or so.

Commissioner Higgs inquired if the hospital has been approved for additional beds up the 300, or is that yet to be gained; with Mr. Kennedy responding in a 30-year plan it will come in segments and go forward to that. Commissioner Higgs inquired if new beds have to be approved although they will be in the 30-year plan; with Mr. Kennedy responding the State approves additional certificates of need for additional beds. Mr. Kennedy stated if the occupancy rate gets to 80%, they automatically allow an increase in beds by 10%.

Wayne Flowers with the Law Firm of Lewis, Long, and Walker, which provides counsel for Cape Canaveral Hospital on legislative issues and expansion with regard to environmental permits, advised there are currently 43 active Special Districts in Brevard County; 28 of those have bonding authority; at least 11 of those districts have ad valorem taxing authority; at least 7 of those have appointed boards; and there is nothing unusual about the structure of the Hospital District Board and how it was set up to operate. He stated of the 43 active Special Districts in Brevard County there are only five that have been around longer than the Hospital District, which has been around for 43 years. He stated in terms of the way in which the hospital exercises these authorities in regard to ad valorem taxation, condemnation, and bonding, they have a good and long track record that one can look at to get an indication of what will happen in the future. He stated many of the Special Districts have the condemnation authority; and most development and redevelopment districts, housing authorities, and other hospital districts have this authority. He stated the hospital can not predict the future regarding the types of challenges it may have to face. He advised exercising that authority must come through the County Commission. He stated Melbourne-Tillman Water Control District is a special district that has been around since 1922; it has the authority to condemn land within its borders; but he has not heard anyone cry about the Water Control District and the danger it may pose. He stated there is a great deal of opposition to where and how the hospital will expand its facilities; but at some point, the hospital has to expand. He stated many factors are controlling that; and they may not be able to get the permits to expand where they are located now. He stated as the attorney representing the hospital on these issues, he wishes it were that easy, but permits have to obtained from the federal Government, and State Government. He stated the trustees still have the authority to determine if the land exchange will occur or not; and there is nothing that automatically occurs by virtue of this Legislation. He stated the hospital has been a good steward of the resources that are there for the 43 years they have existed; there is nothing in the Bill that is going to change how they operate or present any danger to the people of the community; and he thinks the hospital provides a great service and meets a significant need in the community. He stated he hopes the County Commission will support the hospital's efforts to have the legislation passed to secure its future in the community. He advised the hospital’s current expansion plan proposes filling of submerged lands; how much needs to be filled is going to be a function of how high they can go and how densely they can operate on the site; however, no fill can occur without permits from the Corp of Engineers and St. Johns River Water Management District; and they need the approval of the Board of Trustees, which is the Governor and Cabinet for exchange of lands. He stated there are a lot of significant hurdles that will have to be overcome before that can occur.

Laurie Smirl stated she will waive her time.

Tom Mills stated he will waive his time.

Kenneth Griffin stated he is a Cocoa Beach City Commissioner, but does not want to represent the Cocoa Beach Chamber. He stated the City Commission had considerable discussion, voted on the issue, and it passed 3-2. He stated normally the City Commission unites behind the vote and proceeds forward; it distresses him that there are two Commissioners still fighting this battle outside the Commission room, and he does not like that. He stated he is here to offer support for the hospital. He stated it was an issue last year that was very political; and Mayor Beeler won that election by 67%, which is a good indication that the people in Cocoa Beach supported the Cape Canaveral Hospital. He stated while people support the hospital, they at the same time passed two resolutions; one is that height should not be more than 45 feet; and the other is the Comprehensive Plan cannot be changed concerning height and density without all five Commissioners voting for it. He urged the County Commission to support the hospital.

Barbara Schenck stated she was appointed by Governor Bush in 2001 to be on the Hospital District Board, which is before the Board today asking for its support, or for it to choose not to choose until it can get the rest of the information that it may need. She stated she wants to read a passage from the enabling Act in 1959, “The hospital and any related facilities constructed, equipped, operated, and maintained under this act will be for the preservation of public health and for the public good and for the use of the public and said district. The building, equipment, operation, and construction, and maintenance of such hospital and related facilities authorized by this Act within such district is hereby found and declared to be a public purpose and a necessity for the preservation of public health.” She stated it is her job, and what she has been appointed to do by Governor Bush. She advised the hospital sits between tier one targets; tier one is defined as most likely to be hit by terrorism in the nation; and it is the only hospital on the barrier island to service those needs. She stated she will read a few passages from a letter from Dave Sargeant, “My name is Dave Sargeant and I am the Fire Chief for the City of Cape Canaveral and Canaveral Port Authority. I have held this position since 1987. I have been in the fire/rescue profession since 1980. Our City is growing by leaps and bounds. The need for additional hospital services is compounded by our traffic, geography, threat level, and number of visitors we receive at any one time. First our geography area makes transporting any patient from the barrier islands a challenge. The EMS community cannot live by statistics. We must live by the rule of getting patients to a definitive care facility in a timely manner. If one of our causeways is lost, this would increase transportation time significantly. We would have to leave the barrier islands to reach the hospital. Although this may seem remote to lose the bridge, it happened. It happened during a storm in October, 1999 when a barge broke loose and took out two lanes of State Road 528. The bridge was out for more than two months. It must be pointed out that depending on helicopters to decrease times is not reliable. During weather conditions, as in this storm or any given afternoon storm, they cannot fly. Furthermore, we are limited to three helicopters that service our area and four other counties. What if we did not have Cape Canaveral Hospital to receive the most critically ill patients? Will Cape Canaveral Hospital be able to handle the increased number of people moving and visiting in our area?” She stated Commissioner Ralph Kennedy states, “Servicing two million visitors a year, it is a necessity for this hospital to be fully equipped to meet the emergency services need. During a time of heightened security awareness it is vital to the continued growth and success of Port Canaveral.” She stated most recently the hospital sent a triage unit to the Disney terminal to handle the hundreds of passengers with Norwalk-type systems. She stated this is about a hospital that must be ready to handle whatever may or may not happen in the new world we are living in.

Beverly Pinyerd stated she does not believe the lagoon should be sacrificed; for the economic success of a business; and that is what a hospital is, a business. She stated when a church outgrows its building, it has to sell it or buy land and build a bigger one. She stated they do not condemn their neighbors property. She stated when she moved to Brevard County nine years ago, the barrier islands were evacuated; and they evacuated Cape Canaveral Hospital. She stated if the hospital needs to expand there are other facilities and sites they can expand. She stated filling in the lagoon would be a bad precedent; and private corporations taxing without representation is an abomination. She stated past performance is no indication of future performance.

John Anderson stated he is a retired, certified registered nurse-anesthetist and advanced registered nurse practitioner (ARNP) in the State of Florida; he retired after 35 years; and he visited Cape Canaveral Hospital because a person he knows, Clarence Rowe, is critically ill. He stated he supports the hospital, supports the expansion, and thinks it is needed. He stated it serves the citizens well; and he will not take up any more of the Board’s time.

Commissioner Pritchard stated the Board has heard many issues for both sides. He advised there is a need for improved health care; the hospital needs to be taken out of the politics of Cocoa Beach; Cocoa Beach has the right to put in the density and height regulations as it chooses. He stated the speakers have been speaking of the corridor A1A, not the location of the hospital on the 520 Causeway, which is a few miles from Cocoa Beach; and the hospital stands alone. He stated using words like “at the expense of the environment”, “aquatic preserve”, “estuary of national significance”, “critical habitat”, and “irreparable damage” is a scare tactic, and has nothing to do with what the Hospital Authority wants to do. He stated filling in 8.8 acres, taking half of that and turning it into a stormwater retention pond that will clean the water that runs off the parking area and the land before it goes to the Banana River is an improvement. He stated currently surrounding the hospital is silt, rubble, muck, no critters, no life; and there is nothing there because of the runoff, which must be cleaned. He stated returning 35 acres to the State is a wonderful thing to do; filling in the 8.8 acres is a small trade-off for giving back the 35 acres; creating the storm water retention cleaning system is going to improve the location of the hospital facility; and there will be improved environment. He stated Cape Canaveral Hospital has always had the authority to condemn, and tax, so there is nothing new. He stated the people of Cocoa Beach, Cape Canaveral, Merritt Island, portions of Cocoa, visitors, and citizens need to have adequate health care that is first class, and this facility is. He stated the hospital needs to grow; it has a 30-year expansion program; and the Board needs to support this.

Commissioner Higgs advised she did not want to make her comments seem anti-hospital, anti-healthcare, or against the local control of Brevard County hospitals; she had a wonderful experience working with the Health First Hospitals in the system, as well with the other hospitals; and they do a tremendous service. She stated this is about how local development is controlled and regulated; local control of development is important; and to take it outside the cities jurisdiction is the wrong way to go. She stated the responsibility is given to the local jurisdictions and should remain in their control. She advised her position is the Board should not support House Bill 601’s additional language that speaks to the preemption of local comprehensive planning; the recodification is acceptable; but she has concerns about condemnation outside the District. She stated the Board should go on record as supporting the local control of development, local respect for comprehensive planning, and should not support House Bill 601.

Commissioner Scarborough stated two weeks ago the Board discussed the issue; comments were made similar to what Commissioner Higgs said regarding condemnation. He stated the Board of County Commissioners does not have jurisdiction over Cocoa or the hospital; the Board is not the States’ Internal Improvement Fund nor is it an environmental agency; but he believes the Board may comment on the enabling acts for special taxing districts. He inquired if there are remaining issues; with County Manager Tom Jenkins responding the issue is generally outside the purview of the Board, but the Board reserves the right to make comments on any pending legislation. Commissioner Scarborough stated throughout this issue he has gotten two sides, the concerns have been answered and the concerns have not been answered.

Commissioner Higgs stated House Bill 601 in its current form, still includes that density, intensity, fill, and height are not being controlled by the Cocoa Beach Comprehensive Plan; and those issues should be resolved with the Cocoa Beach City Council as well as other input. She stated her motion would be to go on record not supporting House Bill 601 in its current form and advise the Delegation of the Board’s position. Commissioner Scarborough advised the dilemma is that Cocoa Beach had an extensive discussion, and decided it was willing to relinquish control over those particular items in this particular manner. He inquired once a local entity has spoken, is it the Board’s place to step in, say the entity did the wrong thing, and have an additional hearing; with Commissioner Higgs responding all Brevard Hospitals have regional implications and should not be under the jurisdiction of anyone; and stated she will make the motion for the Board to go on record not supporting House Bill 601 in its current form.

Motion by Commissioner Higgs, to direct a letter be sent advising of the Board’s position not in support of House Bill 601.

Commissioner Pritchard advised he will not support the motion; the Cocoa Beach Commission had a 3-2 vote; the chamber was filling with people supporting House Bill 601; and the Cocoa Beach Commission has taken it upon itself to exclude height, density, and the filling of that portion of the river as in the best interest of the Cape Canaveral Hospital. He stated for the Board to second judge what the Cocoa Beach Commission wants when two City Commissioners run renegade to the Commission, coming out and meeting in possible violation of the Sunshine Law, it is not in the Board’s purview. He stated the City of Cocoa Beach has taken the position it wishes to see the Cape Canaveral Hospital expand; it wishes to see the expansion take place on that location; and it is exempting the hospital from the height, density, and filling of the portion of the Indian River.

Chairperson Colon advised the Board does not accuse anyone of violating the Sunshine Law; it is not its place to say that; and she does not want the local officials to think it is accusing anyone. She advised there is a motion on the floor; and inquired if there is a second. Motion died for lack of a second.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to support House Bill 601.

Commissioner Scarborough advised he cannot vote for a motion on the Bill because he thinks it inappropriate.

Commissioner Carlson rescinded her second.

Commissioner Carlson suggested the Board forward its comments and concerns to the legislature; and stated trying to have another forum on what Cocoa Beach has already voted for is not right. Commissioner Pritchard stated if the Board takes a position of no action it is doing the public a disservice. Chairperson Colon advised the majority of the Board wishes to take no action, but wants to express its concerns to the Legislature.

RESOLUTION, RE: RATIFICATION OF EQUAL RIGHTS AMENDMENT

Barbara Barnett, representing the ERA Campaign Alliance for the Space Coast, urged the Board of County Commissioners to support the State ratification of the Equal Rights Amendment. She stated on April 1, 2003, Senate Bill 1166 passed the Senate Judiciary Committee, and House Bill 615 is in the House Judiciary Committee. She advised The American Association of University Women, The League of Women Voters of Florida, The American Federation of Teachers, The ERA Campaign Network, The Florida Federation of Business and Professional Women’s Clubs, The Florida Women’s Consortium, The Greater Florida Women’s Clubs, The National Women’s Political Caucus, Wachovia Bank, and others support the Equal Rights Amendment. She stated considering Florida voters voted to mention female pigs in the State Constitution, but not women, it is time to pick up where they left off; and they need only three more states to ratify. She stated taxation without representation is still tyranny, and she would like to present the Board with tea bags. She read the Resolution aloud, “The Resolution for the adoption of the Equal Rights Amendment (ERA) and the United States Constitution: Equality of Rights under the Law Shall Not be Denied or Abridged by the United States or by any State on Account of Sex. Simple justice, long overdue. Whereas the United States Constitution fails to guarantee equal rights and equal justice to female citizens to their continuing serious detriment, and just because they are women and not men; and Whereas, every constitution created since World War II includes an Equal Rights clause, but the United States still does not (Supreme Court Justice Ruth Bader Ginsberg); and Whereas, 72 percent of voters in a recently conducted poll by Research Opinion Corporation, Princeton, New Jersey did state that they assumed an ERA was already included in the United States Constitution; and Whereas, the Equal Rights Amendment provides the only uncontestable remedy for gender discrimination for both women and men by providing a Constitutional guarantee of equal rights; and Whereas, the 14th Amendment to the United States Constitution and the various state constitutional statements of sexual equality generally and the laws do not stand legal challenge; and Whereas, the ERA as worded above for 80 years has been ratified by 35 states and thus needs the added ratification of only three of the fifteen unratified states to be adopted in the Constitution. Now, therefore, be it resolved that the Board of County Commissioners of Brevard County, Florida does hereby proclaim the Equal Rights Amendment to be a just and natural implementation of American democratic justice, and its prompt ratification is thus urged.”

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution supporting ratification of the Equal Rights Amendment to the United States Constitution as requested by Barbara A. Barnett, ERA Action Team. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING SHAKEN BABY SYNDROME AWARENESS
WEEK

Commissioner Carlson advised for the past four years Brenda Thimlar has dedicated her life to educating the public on shaken baby syndrome. She stated there was a case regarding the First Baptist Church of Cocoa Daycare Center; accusations were made against the Pastor’s wife Ann Barber that she was violently shaking infants and shouting at them to be quiet; an investigation was conducted and it was found that all the accusations were true; two babies were affected by this incident; and one was Brenda’s son Devin who was only four months old. She advised three days after being in Ann Barber’s care, Devin would get sick after every meal and had broken blood vessels in his eyes. She stated he was admitted to Wuesthoff Hospital where the doctors found that Devin had a hemorrhage in his brain; he was sent to Arnold Palmer Hospital in Orlando for further testing; and the MRI revealed spinal fluid and blood around his brain causing extreme pressure to his skull. She stated a bone scan revealed fractured ribs, tibia, and orbit, the results of shaken baby syndrome. She stated the family must deal with Devin going through occupational therapy, physical therapy, early intervention, and he has brain damage to the frontal lobe, which causes his left side to be weak. She stated on January 19, 1999 Ann Barber’s freedom was taken away; she is serving nine years in prison and five years probation; she was charged with two counts of aggravated child abuse; but Devin’s sentence will be forever.

Commissioner Carlson read aloud the Resolution.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution declaring April 20 through 26, 2003 as Shaken Baby Syndrome Awareness Week in Brevard County, and encouraging participation by the public in efforts to prevent Shaken Baby Syndrome and thereby strengthen the communities in which we live. Motion carried and ordered unanimously.

Brenda Thimlar stated she wants to thank the Board for recognizing the need for the Resolution and the need for shaken baby syndrome education in the community. She stated Devin was shaken by his caregiver when he was four months old, so on behalf of him she thanks the Board. She advised she brought each Commissioner a blue ribbon to signify the black and blue bruises that child abuse imprints on the hearts, minds, bodies, and souls of our children.

The meeting recessed at 10:47 a.m. and reconvened at 10:58 a.m.

TASK ORDER NO. 98-002-28 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
RE: DESIGN/BUILD ENGINEERING SERVICES FOR PUMP STATION IN
DEER RUN SUBDIVISION

Chairperson Colon advised this is Item III.A.8 which was pulled earlier from the Consent Agenda.

Marsha Trotter expressed her appreciation to the Board regarding the tough issues it has to deal with; and stated she hopes it stands firm in its commitment to seeing that the pump goes in at Deer Run. She stated hurricane season is upon us and it will be nice to know the residents in Deer Run will have this accomplished before they suffer through floods again. She stated since the news article hit the newspaper after a Board meeting in February, property is moving in Deer Run; the property values have gone up there; and larger houses are being built. She stated Brevard County will see increased revenues in the form of tax dollars, which can be put to good use; and asked the Board to stand firm in its vote.

Bob Ackley advised the process has been long; it began in the early 1980’s; and it is finally getting close to a resolution. He stated the resolution is infrastructure for drainage in Deer Run, not only for the main road but for the entire 1,600-acre community; and it will give the subdivision the opportunity to grow and reach its potential as it was designed to be. He stated he appreciates the Board for all it has endured in the process and the fact it knows the residents of Deer Run should live outside environmental hazards. He stated it will make it safe and beautiful; it will help the community grow, and will increase the tax base; and it will increase the services given to Deer Run, including roads.

Jerry Trotter advised of his approval for the pump in Deer Run; and stated it will make major improvements in the entire community. He stated they want roads and other things; but without a pump to keep the community dry, repairing the roads will only be questionable. He advised Brevard County’s investment in the roads will be better if they are kept dry Louis Spaccio stated he agrees with his fellow residents of Deer Run, and wants to thank the Board for its efforts. He advised another issue he wants to address is another way of funding for the lift station or pump. He stated it was his understanding that $150,000 a year would be allotted to Deer Run for repairing and patching the roads; however, he understands that part of the funding for the pump will come out of the monies allocated for roads and repairs. He stated he does not want to reverse the pump stations, but would like to find another way to pay for them. He advised he sent a breakdown to each Commissioner, and wants to address a few issues. He stated Deer Run has experienced phenomenal growth; construction of new homes is unparalleled; and brings out a tax and revenue to Brevard County but does create other problems. He advised another problem is the construction trucks and heavy equipment, which wear out the roads quicker. He advised he has graphs and charts as well as photos to give to the Board; 7.65 miles of roads need immediate repair; and there are over 200 locations within Deer Run community that need repairs. He stated it will cost approximately $100,000 per mile for resurfacing; they have an allocation of $150,000 a year for road repair and maintenance; and the remaining $50,000 can be used for minor repairs. He stated he understands approximately $150,000 will be taken out of their road allocation for the lift station, which will delay their road repair three to five years. He stated over the past 10 years Brevard County has spent an average of $94,000 a year for road repair in Deer Run.

Keith McGregor stated he is the past president of Deer Run Homeowners Association; and he hopes it will be the last time they will come before the Board regarding this project. He stated there are approximately 15 miles of road within Deer Run; most of the roads are in good to fair condition; but the roads that need repair have no homes on them. He stated there will be repetitive costs over the years because of the saturated roads. He stated there are a few individuals who do not wish to see the subdivision obtain the pump station. He advised the Board to think long-term, and thanked staff for all of their assistance with this issue.

Paula Gross advised she lives in the back of Deer Run, has lived there for four years, and used to only see Waste Management trucks, postmen, school busses, and her neighbors. She stated since the pump was voted in, there is a flurry of activity with people with the newspaper article in hand looking at property. She stated it is great for the community and the County.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Task Order 98-002-28 with Post Buckley Schuh & Jernigan for the design and construction of a pump station serving the Deer Run subdivision; approve a temporary loan from the Regional Stormwater Utility Department to the Roadways & Landscaping Department for the design/build project with repayment occurring after the MSTU Ordinance has been modified to allow the expenditure; and authorize moving forward with the purchase of the pump station equipment in advance of receiving formal financial commitment and permits from the St. Johns River Water Management District. Motion carried and ordered unanimously.

SECOND AMENDMENT TO AGREEMENT TO DONATE LAND WITH A. DUDA &
SONS, RE: PINEDA CAUSEWAY EXTENSION

Anne Salemmo, resident of Suntree and a member of the Board of Citizens for Responsible Growth, stated she has been in communication with Steve McGeary, president of Suntree Master Homeowners Association who will not be present today. She stated she became aware of this Agenda item Thursday; she and Mr. McGeary requested copies of the proposed wording of the amendment; and upon review, they have a problem with wording contained in paragraph D and paragraph G, which is outside the scope of the original donation agreement. She requested Section D, beginning on line two, reference to the southerly extension of St. Andrews Drive to the Pineda Extension, and paragraph G reference to facilitating future connection of the local road network to the Pineda Extension be deleted. She stated she understands both parties agree to those deletions; and if it has been amended, they have no further objections.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Second Amendment to Agreement to Donate Land with A. Duda & Sons, as amended to delete reference to the southerly extension of St. Andrews Drive to the Pineda Extension in paragraph D. and reference to facilitating future connection of the local road network to the Pineda Extension in paragraph G. Motion carried and ordered unanimously.

REPORT, RE: LETTER OPPOSING PROPOSAL FOR FUNDING FOR CRIME LAB
EXPENSES

County Manager Tom Jenkins advised the House Budget Appropriations Committee is considering a proposal that would require local law enforcement to reimburse the Florida Department of Law Enforcement (FDLE) for services of their crime lab. He stated it is a most irresponsible proposal; and requested the Board send a letter to the Legislation Delegation stating its opposition to those costs being passed on to local law enforcement as it is the responsibility of State government.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct the Chairperson draft a letter to the Legislative Delegation opposing a proposal in the House Budget Appropriations Committee to require counties to reimburse the Florida Department of Law Enforcement for services of their crime lab. Motion carried and ordered unanimously.

REPORT, RE: LETTER OPPOSING HOUSE BILL 855 AND SENATE BILL 2140

County Manager Tom Jenkins requested James Liesenfelt explain this item.

Transit Services Director James Liesenfelt advised House Bill 2140, as it is written now, would fund the High Speed Rail Act with public transit money, which would take approximately $1,000,000 out of their budget every year for the next 40 years. He requested the Board say no to the Bill.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the Chairperson draft a letter to the Legislative Delegation indicating the Board’s opposition to House Bill 855 and Senate Bill 2140 due to their devastating effect on public transit in Brevard County, if passed. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT (SIGNATURE DRIVE) IN WINGATE RESERVE – RON S. AND ANNE N.
SMITH

Chairperson Colon called for the public hearing to consider Resolution vacating public utility and drainage easement (Signature Drive) in Wingate Reserve, as petitioned by Ron S. and Anne N. Smith.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating a Public Utility and Drainage Easement, as petitioned by Ron S. and Anne N. Smith. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
EXISTING NON-CONFORMING PARCELS IN EAST MIMS

Chairperson Colon called for the public hearing to consider request for determination of vested rights for existing non-conforming parcels in East Mims.

Senior Planner Alan Woolwich advised he is working with the East Mims Civic League on the East Mims neighborhood. He stated in the neighborhood plan there is a housing element; and over the past years they have been working on the proposed plan to address the wishes of the residents, and encouraging redevelopment and new home construction in the East Mims area. He stated the Housing and Human Services Office has programs where residents can be eligible to replace homes and do extensive repairs to them. He stated eleven properties have been identified that have single-family homes or homes recently demolished that are seeking application to that program to replace those homes. He stated some of the homes currently have AU Zoning designation, which requires the homeowner to have a lot size of 2 ½ acres if the home was totally removed. He stated a determination of vested rights for each of these existing single family lots and single-family homes will allow replacement and allow people to go forward with that process.

Commissioner Scarborough advised the Board can have each person come before it for a rezoning, which would be cumbersome and costly, or could proceed with redevelopment as the residents have requested.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve request for determination ofvested rights for eleven existing permanent single-family residences on nonconforming parcels for owners who are pursuing residential home replacement and rehabilitation options in the East Mims neighborhood. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: EXCHANGE OF PROPERTY WITH DOUGLAS D. SISSON AND
ANGELA H. SISSON FOR W. W. JAMES PARK PROPERTY

Chairperson Colon called for the public hearing for exchange of property with Douglas D. Sisson and Angela H. Sisson for W. W. James Park Property.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the exchange of .2 acre of W. W. James Park property for .2 acre of property owned by Douglas D. Sisson and Angela H. Sisson; adopt Resolution authorizing exchange of real property; execute Exchange Agreement with Douglas Sisson and Angela Sisson; authorize the Chairperson to execute the County Deed with Access Easement and any additional documents necessary to transfer the properties; and accept the Warranty Deed from the Sissons.

STAFF REPORT AND LEGISLATIVE INTENT, RE: TOW TRUCK PARKING AT
RESIDENCES FOR EMERGENCY SERVICE PROVIDERS

Jerry Keyes advised a good example of why the trucks are needed occurred on April 9, 2003 at 6:00 a.m.; there was a head-on collision on the drawbridge on Merritt Island; and traffic was tied up for over an hour all the way on the other side of State Road 520. He stated if their trucks were at the shop, there would be no way they could have gotten to the collision as it was not possible to get across the bridge. He stated previously he got a call from Rockledge Police Department when a wreck caused a person to be trapped inside their vehicle upside down in a ditch. He stated if the tow trucks were not kept at their homes, there would be no way to respond to the accidents in a timely manner.

Michael Chamberlain stated he has good response times when accidents happen, but if he had to drive to the shop to pick up his tow truck, it would be at least 20 more minutes to respond.

Commissioner Pritchard advised he spoke with Sheriff Phillip Williams regarding the necessity of having rapid response with the quasi-emergency vehicles, and he affirmed that based on the experience received being out on the street responding to accidents, it is imperative the vehicle is removed from the lanes of traffic for many reasons; and he has a letter from Sheriff Williams. He stated the Sheriff has requested the Board approve Option 2; and Section 62-2132, number 1 would be the only change. He stated the effect the homeowner association covenants would have would be up to the homeowner association. He stated Section 62-2132(a)(1) reads, “The parcel must be a developed single-family residential lot of at least two and one-half acres in size”; and suggested the two and one-half acres in size be stricken so that it will now read, “The parcel must be a developed single family residential lot.” He stated all the other parts of this section will remain. Commissioner Carlson inquired if it will be Option 2 with that change; with Commissioner Pritchard responding yes.

Commissioner Higgs advised the Board needs to be aware of response times and to clear traffic lanes, but she thinks putting tow trucks in neighborhoods is a bad idea; and she does not see it moving forward once the public understands the tow trucks may be parked next to their houses; and the Board will waste time and money directing staff to develop the ordinance and advertise it. She stated she believes the Board needs to proceed in another way to find some better options to locate vehicles closer to where people live, but cannot see people wanting tow trucks next door to their residential neighborhoods. She advised she will vote no on the motion.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Option 2 for amendment of the Zoning Code, allowing tow truck parking as a use “permitted with conditions” if annually certified by Law Enforcement and part of a towing company that is listed in an official rotation with additional conditions that may include minimum lot size, parking vehicles within garages, receiving neighborhood acceptance, etc., not including the provision of Section 62-2132 that would require lots to be two and one-half acres. Motion carried and ordered. Commissioners Higgs and Colon voted nay.

AGREEMENT WITH OAK GROVE, LLC, RE: TRANSPORTATION IMPACT FEE
CREDIT

Commissioner Higgs advised this item is a Credit Agreement with Oak Grove, LLC; they will be constructing a roadway; West Melbourne is a part of the County Impact Fee Ordinance; and it amounts to $294,346.30. She stated she wants to discuss this because of the extensive discussions the Board had previously with the South Brevard study in regard to transportation. She stated there were hundreds of citizens at a meeting discussing this; and at each meeting there were people objecting to one solution or the other. She advised when Florida Avenue was being discussed, the public said no, they did not want an improvement for Florida Avenue, and did not want 23,000 cars on a four-lane road. She stated she understands why the developer is asking for an impact fee credit; the Ordinance allows for the impact fee credit; and the roadway was not taken out of the West Melbourne Comprehensive Plan, but was removed from consideration by the committee. She stated the Board owes it to the people who sat through all the meetings to give them an opportunity to discuss this; it needs to go back to the MPO; jurisdictions need to be notified; and it should be discussed at the MPO to see if this is the kind of process the Board wants to go through. She advised the Board had the hearings, had the public, and now is being asked to give impact fee credits for roadway improvements that it said no to.

Transportation Planning Director Bob Kamm stated Wingate Boulevard connects Hollywood Boulevard west to Minton Road, and Florida Boulevard, if extended, will eventually connect to it. He stated it was built in the mid 1990’s; the Board granted impact fee credits to the developer of Wingate Boulevard because West Melbourne wanted the roadway to be upgraded; they improved just what would be necessary for a local subdivision street to meet arterial road standards; and he believes they received approximately $600,000 of impact fee credits to make those upgrades to Wingate Boulevard. He advised earlier this year the Board authorized impact fee credits to be allocated to the City of West Melbourne to evaluate more intensively the alignment of Florida Avenue and the connection to Wingate Boulevard at Hollywood; so the Board has in the past taken various actions through the impact fee program to assist in the development of the Florida Boulevard connection. He stated if Florida Boulevard were in place, it would provide another east/west roadway between and parallel to U. S. 192 and Palm Bay Road, which would extend from east of Babcock Street the entire way to Minton Road. He stated when the County was involved in the Southwest Brevard Study in 1997 and 1998, the residents who were living along Wingate Boulevard heard for the first time that their roadway was part of potentially a larger plan to extend Florida Boulevard and reacted negatively to it. He stated at that time the MPO voted to take out the Florida Boulevard extension from the MPO long-range plan; and that is where it stands at this moment. He stated West Melbourne kept it in its plan as it believed it would provide traffic relief internally to West Melbourne. He advised the way the Ordinance is structured everything but West Melbourne and the developers’ request in regards to the credit agreement meets the letter of the Impact Fee Ordinance, so on that basis staff brought it forward.

Commissioner Higgs advised it is a may not a must; with Mr. Kamm agreeing. Commissioner Higgs stated impact fee credits for Wingate Boulevard were given, it was presented as a four-lane roadway, so there is sufficient right-of-way for four lanes although that has never been built; and that was defeated by the MPO Committee. Mr. Kamm stated they received credits for additional right-of-way and for making a change in the alignment so that it would intersect Hollywood Boulevard further south from where it was originally proposed, and be a better connection to Florida Boulevard. He stated they received credits for an upgrading of pavement service in the sub-base to handle heavier traffic. Commissioner Higgs stated in spite of the $600,000 credit and the roadway’s development, it was taken out of the plan to connect it, so she thinks the Board needs to go back to the people who took it out and find out if it is really what they want to do.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to table consideration of Agreement with Oak Grove LLC for transportation impact fee credit until such time as it has been reviewed by the Metropolitan Planning Organization; and direct staff to advise the MPO of the issues outlined by Commissioner Higgs concerning actions taken by the MPO in 1997. Motion carried and ordered unanimously.

PERMISSION TO NEGOTIATE AND ORDER APPRAISAL, RE: PROPERTY ON
NORTH MERRITT ISLAND FOR DRAINAGE IMPROVEMENTS

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize Land Acquisition staff to order an appraisal and negotiate for property acquisition associated with the implementation of drainage improvements on North Merritt Island, as identified in the North Merritt Island Master Plan. Motion carried and ordered unanimously.

EXTENSION OF AGREEMENT WITH COASTAL HEALTH SYSTEMS, INC., RE:
INTERFACILITY AMBULANCE TRANSPORTATION

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment to Agreement with Coastal Health Systems, Inc. for provision of interfacility ambulance transportation from October 1, 2004 through September 30, 2007. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH BERTRAM
SCHILD, BERTRAM SCHILD, TRUSTEE, AND FREDERICK ZACHARIAS,
RE: RELOCATION OF MAX K. RODES PARK

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase and Contract Amendment with Bertram Schild, Bertram Schild, Trustee, and Frederick Zacharias for purchase of approximately 120 acres for the relocation of Max K. Rodes Park; authorize obtaining survey, environmental audits, title insurance, accepting title exceptions, and proceeding with land closing; authorize obtaining two appraisals on property commonly known as the GMSA p0roperty; authorize the County Manager to represent the County in coming to agreement and/or disagreement on the value exchange of GMSA property for property value towards the purchase of the 120 acres owned by Bertram Schild and Frederick Zacharias.

Commissioner Scarborough inquired why the second portion is not coming back before the Commission; with Parks and Recreation Director Charles Nelson responding there is a public hearing requirement for the exchange of property, so it has to come back to the Board. Commissioner Scarborough inquired if it will be coming back; with Mr. Nelson responding only that element of the Contract. Mr. Nelson stated staff will be able to proceed with the actual purchase of the 120 acres and then the piece that was the exchange of property for the soccer site; which will reduce the amount the County pays must come back to the Board. He advised this action today will authorize staff to have a signed contact for the property, so they will proceed with the entire acreage at this point; and the only question outstanding is will they exchange property, which will give Brevard County a reduced amount it has to pay.

The Chairperson called for a vote on the motion. Motion carried and ordered unanimously.

The meeting recessed at 11:42 a.m. and reconvened at 1:02 p.m.

DISCUSSION, RE: INFRASTRUCTURE SURTAX REFERENDUM

Chairperson Colon advised the people who wish to speak to fill out a speaker card.

Dr. Richard DiPatri, School Board Superintendent, stated there are pressing needs in Brevard County such as new roads, facilities, and schools. He expressed his support for the one penny sales tax to help fund the capital needs of Brevard County and the School District. He stated the initiative is timely and appropriate as there are needs that are no longer met by traditional sources of revenue; new construction needs to be financed now rather than later since the Legislature and the public have approved the class size amendment, which is to be implemented by this Fall; and there is continuing pressure of substantial growth in Brevard County schools over the next few years. He stated it is better to collaborate by sharing the sales tax initiative, one-third for Brevard County, one-third for municipalities, and one-third for the schools. He advised the Governor has introduced a financial incentive plan for counties that have a sales tax in place for school construction; and only the districts that have a sales tax will be eligible for the extra funding. He noted no one likes to increase taxes; putting students in portables is also not a good option; he believes it is literally throwing money away; and the County needs a new high school in Viera, a new middle school in Port St. John, and a new middle school in Palm Bay, to name a few. He stated once action is taken, they will canvass the communities and all eighty schools to see where the needs are the greatest; they will clearly identify projects; and they will communicate the message consistently to their constituents so they will be well informed when the time comes to make the decision what is in the best interest of the students and where they go to school. He urged the Board to support the one penny sales tax as the students of Brevard County deserve it. He thanked County Manager Tom Jenkins for his support regarding school controversy.

Joe Steckler stated the mission statement for the Department of Elder Affairs is to create an environment that provides choices for most independence and enables older Floridians to remain in their communities for a lifetime. He stated Governor Bush has three initiatives: Elder friendly communities, a plan called Destination Florida, and Communities for a Lifetime. He stated all are designed to attract elders to Florida where their economic impact is over $100,000,000,000, only second to the tourism industry. He advised that out of every 10,000 elders in the United States of America that migrate annually, 5,000 come to Florida; one in every seven in the State of California is over the age of 60; and one of every 4.5 people in the State of Florida is over the age of 60. He stated in 2002 a task force on long-term care commenced on a four-month study to examine the continued of long-term care and recommended strategies to improve the quality of life for Florida’s current and future elderly population. He advised having infrastructure to care for elders to implement the Governor’s strategy will require resources; and to have similar infrastructure in Brevard County will require financial resources that currently do not exist, nor will they, unless the Board holds a referendum and the surtax is implemented. He stated the task of the County Commission is to insure the voters are informed what the tax will do. He advised the recommendation of the directors of the Brevard Alzheimer's Foundation, who he represents, is that the referendum be approved for a Countywide vote at the earliest date. He requested monies be designated to help fund construction of a dementia center in Titusville; and advised $300,000 of private money is already committed, pending a successful vote. He remarked that everyone has a right to age with dignity; and the infrastructure surtax referendum will be a step in the right direction.

Mayor Bob Bolin of the City of Satellite Beach advised the County Commission has been provided with the City of Satellite Beach’s capital improvement plan through 2006. He noted the cities in Brevard County are tired of having their taxes raised; so whatever is realized from this surtax is going to aid all of the cities in accomplishing their tasks to make their communities the best they can be. He stated the City of Satellite Beach wants to couple the surtax money with grants they have already received; there are $15,000,000 now in grants; and the matching funds would be $1,000,000. He stated their City is getting older; the infrastructure is beginning to need repair; and it will not be free of cost. He advised they spent $13,000,000 to buy beach property to keep it in its natural state; they would like to purchase more property to keep it in its natural state; the surtax money will help leverage their monies for grants, and they would be able to accomplish those things.

Palm Bay City Manager Lee Feldman stated he arrived in Palm Bay approximately six months before, and it is no secret Palm Bay is in need of infrastructure. He advised he is happy it has gotten to this point and is ready to move forward with it. He stated the needs of Palm Bay are tremendous; the infrastructure sales tax would help bring the needs to fruition; and the impact of having the School Board have one-third share will help create new school opportunities.

City of West Melbourne City Manager Mark Ryan stated Brevard County is a vibrant and growing community with pressing needs in every sector; there is always a challenge to provide quality services to the residents, businesses, and visitors; and these needs are fantastic. He stated the item needs to be placed on the ballot for the voters to decide; and they need to decide how to fund their local government. He noted it is the School Board, Brevard County, and the municipalities having the ability to partner together; it is one more avenue to partner to solve the needs of the County; and the West Melbourne Council urges the Board to place this on the ballot for the voters to decide.

City of Melbourne City Manager Jack Schluckebier stated they have spent quite a lot of time trying to partner with Brevard County as well as with schools; and a number of meetings have occurred where they tried to formulate and assist in formulating a reasonable proposal for the consideration of the surtax. He advised the City Council of the City of Melbourne has voted twice in the past four months to support Brevard County in proceeding on the surtax; this is considered a smart tax for smart growth; it is needed; and it presents a much more appropriate tax source than most of the alternatives. He advised the Melbourne City Council have been skeptical regarding new taxes, tax increases; but now it has evidence that the need in Melbourne is clear as a part of this partnership. He stated he wants to encourage voter education on the projects that will be accomplished so there is good information out in the community. He advised hardly anyone is in favor of a tax, so the Board needs to be clear what this is buying and have some accountability in the proposal between the entities, the County, and the schools. He stated the Melbourne City Council has voted on this twice, and strongly encourages endorsing this tax.

City of Melbourne Mayor John Buckley stated the State is not going to provide funding; that is obvious; the citizens have approved referendums that are going to take existing funding; and the arts funding is going to be cut in half by the House or almost totally by the Senate. He stated The School Board, Brevard County, and the municipalities have severe infrastructure requirements; the School Board needs new buildings; and the County and municipalities have road needs. He stated the MPO has a long list of unfunded needs; one is the Palm Bay Beltway; and Melbourne is looking to four-lane Florida Avenue. He advised by sharing the one-cent sales tax, each of the organizations can meet their immediate needs; and encouraged the Board to endorse allowing the voters to decide by means of a referendum.

Laurilee Thompson, owner of Dixie Crossroads Seafood Restaurant, stated she had numerous conversations with Pinellas County Assistant County Manager Jacob Stowers; in 1989 Pinellas County approved the first one penny sales tax to be added for the sum of ten years; and because of that, they were able to build roads, a new jail, and even though they’re the most populated county in the State of Florida, they have one of the finest systems of county parks in the State. She noted many environmentally significant lands have been preserved because of that tax; and in 1997 the voters approved another one penny sales tax for ten years. She stated additional counties around Brevard County that have approved the one penny sales tax are Volusia, Indian River, Osceola, and Seminole County; and Orange County approved a half-cent sales tax for its schools and is going to have a vote for an additional half-cent tax. She stated if the sales tax is not approved, Brevard County will be left in the dust are far as its neighbors are concerned. She stated this tax will ensure that Brevard County residents will continue to enjoy the superior quality of life.

City of Titusville Public Works Director Jim Herron stated the Titusville City Council has not taken a formal position on the sales tax issue; he cannot qualify their support at this time; however, he is confident the placement of the infrastructure sales tax issue on the ballot as a question for taxpayer consideration will draw the support from the Council. He advised the Titusville City Council has discussed the proposed sales tax as potential revenue and funding source for projects that include roads, sidewalks, facilities, trails, etc. valued in excess of $20,000,000; and they are preparing a list of projects for Council consideration in the event the infrastructure sales tax issue is placed on the upcoming ballot.

President of Titusville Campus of Brevard Community College Dr. Laurence Spraggs stated as a relatively new taxpayer in Brevard County he would like to recommend the sales tax be placed on the ballot. He advised as a representative of Brevard Community College he would like to make suggestions how it can benefit the taxpayers. He stated he has put together a master planning group composed of individuals from the community, business, Parrish Hospital, the County, and the college. He noted one of the concepts was identified as a conference center located near the hospital using the college property adjacent to the Chain of Lakes project; the idea of a conference center is common where colleges, communities, and hospitals can use it as a development tool for the area and as a center for community activity; and he wants to propose the Board of County Commissioners consider it as one of the possibilities. He stated if the tax is put on the ballot, they will be ready to show conceptual plans for the conference center for the north end of the County.

Bob Wille stated he was formerly a member of the Metropolitan Planning Organization, and feels somewhat knowledgeable regarding transportation issues. He advised if Brevard County is considering having a referendum for a one-cent additional sales tax for infrastructure, all government bodies that receive these new revenues, the School Board, cities, and the County, must present a plan to the public on how the funds will be invested in current and future infrastructure needs, as well how they intend to pay for the increase, operation, and maintenance and where it will come from. He stated it would be a shame to have a referendum that will generate $55,000,000 a year and the only thing the public has to make a decision on is the government saying trust me. He stated the unfunded needs and desires of any community outweigh its ability to pay for it; and decisions need to be made on what can be done. He stated a quality community requires adequate transportation; and in order for a community to be economically viable, an efficient transportation system is required. He advised currently in Brevard County there are $1,300,000,000 of state and federal transportation projects to be funding; the projects are being delayed because of funding shortfalls; there is over $325,000,000 of unfunded transportation projects in Brevard County’s current Five Year Capital Improvement Program; there is a growing backlog of projects and existing projects that are taking longer to complete; and this is leading to more congestion, which leads to longer commutes to work, school, and shopping. He stated the needs are long-term and require commitment and funding. He stated roads are expensive as a result of public policy to keep the environment clean; and the public needs to understand roads are not built the way they used to be. He stated just as the School Board has the responsibility to define and address school overcrowding, the County has the responsibility for many of the transportation routes. He advised as part of the normal budget process, the County develops a Capital Improvement Program which is currently unfunded to the tune of $598,000,000 over the next five years. He stated if Brevard County is going to move forward with the referendum, it should not turn it into a political piñata; without thoughtful consideration and appropriate staff research, the process will be left to whoever has the loudest voice at the time; and suggested the Board use the current Capital Improvement Plan for the basis of how the possible new revenue will be utilized. He stated recent major road capacity projects in the County have been accomplished because of decisions by previous Commissions in the late 1980’s and 1990’s or from funding from the State and federal governments. He stated based on recent budgetary policies of the County Commission, there is little to indicate the transportation issues are a priority for the future; reserves are gone and maintenance is being underfunded; and it is time for the Board to let the public know how it is going to address responsibility for government.

Diane McEntee stated she appreciates the opportunity to speak in support of the infrastructure surtax to go to the voters. She stated the sales tax is the most fair taxation; she does not believe monies from the State or federal government are going to be coming to local areas any time soon; and she thinks local areas govern themselves and spend their own monies best. She advised the Children’s Advocacy Center of Brevard is kind of a microcosm of the whole concept; it is a public-private partnership; it includes County, State, and private non-profit agencies; and its job is to intervene and investigate in the most serious cases of child abuse in Brevard County. She noted it is located in a 16-year old facility, which has serious problems. She advised the Children’s Advocacy Center files are under the public safety area of the CIP Program. She remarked she is speaking on behalf of their board, which includes members from the State Attorney’s Office, Sheriff’s Office, thirteen municipal law enforcement agencies, child protection specialists, and mental health counselors. She stated the Board should let the voters decide.

Larry Baxter, representing Together in Partnership, expressed their support for the tax referendum. He advised Together in Partnership is a work group for the leadership round table primarily developing and implementing a strategic plan for youth and family services. He advised infrastructure in Brevard County is very important to the strategies they have discussed over the years and are attempting to implement now. He stated the group is a combination of public and private service agencies, law enforcement, and schools; and voiced support for the referendum.

Charles Mars, President of U. S. Space Walk of Fame Foundation, stated over thirty years ago Brevard County was a major participant in one of the ten most historic events in history, which was putting a man on the moon; over 400,000 people across the country directly participated in private subcontractors; and over 26,000 in Brevard County lived here and made that happen. He advised the U. S. Space Walk of Fame Foundation honors not only the astronauts who made that happen, but the men and women who gave blood, sweat, and tears to make it happen. He stated the museum tries to maintain pieces of history consisting of hardware that was flown in space, documentation that put them there and helped them get back, and oral histories of the people who made it happen. He stated they have artifacts that were brought in by people who have had them for over 30 years, things that have come out of space, and some things that have landed in the river. He stated the Museum is located in the Miracle City Mall in Titusville; they have over 17,000 square feet, run by volunteers; and anything that comes out of it goes towards the maintenance and generation of the monuments put up in Space View Park. He advised most of the monies come by means of grants, gifts, and people who send money to have their names engraved on the monuments. He stated they are for the tax, but it is more than about roads, schools, and infrastructure; and parks and museums are important and make our lives better.

June Blum stated she is a member of the Friends of the Cocoa Beach Library and has been for more than a decade. She advised she is an artist and a former museum curator of contemporary art at the Suffolk Museum in New York City. She stated she supports the infrastructure surtax; it will help fund a cooperative venture between the library system and Brevard Cultural Alliance; and the Cocoa Beach Library is one selected to benefit from this venture. She stated others who may be affected are numerous individual artists, organizations such as the Strawbridge Art League, the Brevard Water Color Society, the Central Brevard Art Association, and the Original Fiber Artist Guild. She stated the Wednesday group of Women for Art has held exhibits in the library; the library holds regular art classes in its meeting room; so the Cocoa Beach Library is a perfect place for this cooperative venture with the Brevard Cultural Alliance. She advised the venture will increase the meeting room and performance areas in the library, and will enable the public to enjoy more of the arts. She requested the Commission place the item before the voters of Brevard County.

Lillian Banks stated there is not much point in addressing the Commissioners because they only seem to know one way, more tax, more tax; and obviously the people are in the same mode. She advised certain members have their own agenda, and like to tout it as the desire of the majority of the citizens, when in actuality those citizens would be less than 15% of the population; but they do a good job of getting them to promote their agenda. She stated she wants the public to know if the tax is initiated, the County and various municipalities can issue bonds based on the infrastructure surtax; it can be for ten years; and the County can immediately issue a bond after it is passed by the citizens. She advised the tax is going to generate $55,268,810 per year; they issue a bond for ten years at $113,139,000; then the County Commission can spend it in the first year; and for the next ten years the $18,000,000 or so they receive will go for the debt service. She stated grants still come out of the taxpayers pockets. She suggested one of the cuts should be Brevard Tomorrow; it is a huge bureaucracy this is not needed; and it was not supposed to cost money, but $400,000 has been spent already. She stated if schools need help, some of the zoning, mitigation, and permitting could be dropped, which will cost the schools less for their buildings. She stated the schools could drop the Zoo School; they get money for that other than tax money, but it is still tax money because it is grants and has to come out of someone’s pocket. She stated she wants the public to understand what can happen with the bond issue.

Kay Burke, President and CEO of Brevard Cultural Alliance, stated Brevard Cultural Alliance embarked on a strategic planning update in August 2000, and out of it have come several recommendations. She stated they received input from more than 1,000 people from the entire length of Brevard County; they interviewed people from elementary school, high school, college, young business professionals, professionals of all ages, and older Americans, and they asked them their input about the quality of life in Brevard County and their wants and needs. She stated among the requests are that Brevard Cultural Alliance work to strengthen the arts and cultural heritage sector to make it a vital cohesive community source. She stated the Brevard Cultural Alliance is having problems at the State level this year; it is a difficult time with the economy; however, they have worked by developing mutual beneficial partnerships in the community with the County, municipalities, and the Economic Development Commission to draw and hold businesses in Brevard County. She advised they have worked with the Tourism Development Council to market the community to bring visitors to the County who are looking for something other than the theme parks; and now more people want to come to Brevard County for its natural environment. She stated they support the infrastructure surtax referendum because they work in partnership with community spaces, senior centers, libraries, city-owned community centers, arts facilities, cultural facilities, county-owned facilities, and parks. She advised with the input of more than 1,000 citizens, they have heard the community wants and needs additional community and senior centers, cultural arts facilities at libraries and parks, a botanical garden, and museums; they want improvements at the Brevard Zoo, historical preservation projects, restoration of old homes and parks Countywide; and they want landscaping and beautification projects along our rights-of-way. She expressed her support for the infrastructure surtax.

Roman Scharf, Administrator for the Brevard County Health Department, stated he wants to speak to the surtax issue, but wants to talk about something personal first. He advised when he and his wife moved to Brevard County, they looked for a personal physician; they both have insurance and jobs; they asked people where to go; they called a few doctors; and five of them ended up turning them down. He stated his family has insurance and can pay for it, but he worries about people who have no insurance or money. He stated the people who do not have coverage go to the Health Department; the Brevard County Health Department has facilities in Titusville, Melbourne, and Rockledge; and work was done to the facility in Melbourne to make it presentable. He stated Rockledge has a building that dates back to 1966; the back corridors are such that if two people walk together they cannot cross corridors, but must turn sideways; the rooms are small; so they need more space. He stated the Health Department is spread all over Brevard County. He stated if someone wants vital statistics he or she has to go to Byrd Plaza; for family planning services, they must go to Cedar Street; if children issues are at hand, they must go to the annex; and if there is a problem and an individual needs to speak with someone, he or she must go to Merritt Island. He noted it would be nice if services could be provided at a single location. He advised he first looked to the State; but there will not be much coming from the State so other resources need to be found. He stated with the infrastructure tax there may be the ability to provide a one-stop health department in Central Brevard instead of running throughout the County for different services.

June Horner stated she was around at the beginning of the Mims Library. She advised she is in favor of the surtax and wants to improve the Mims Library. She stated she wants to have a permanent library in Mims; the residents are ready for it; and they hope the surtax referendum passes.

Maria Searle, President of the Friends of the Central Brevard Library and Reference Center, stated she supports the one-half cent sales tax. She stated the advantage of having cultural arts in libraries is they are convenient, open to the public, and are free; and they provide opportunities to some who otherwise would not have the ability to be there. She advised the Central Brevard Library and Reference Center has been able to provide display space for local artists on a rotating basis in partnership with the Brevard Art Association. She stated the library has two large meeting rooms where free programs are provided for children and adults; and small ballet troops, storytellers, and puppeteers perform there. She stated there are about 200 children in daycare and Headstart who are bussed to the library for story times throughout the year; and many others attend the summer reading programs. She advised the library does not have a stage for these types of performances; the meeting rooms are in great demand for many group meetings and training throughout each day; and she would like to see it improved or to add to the existing space so they can accommodate those who wish to attend these functions. She stated programming needs to be expanded to include music, dance, or small theatre. She advised the demand for free quality programs is there in the community; the more programs that are provided, the more the public responds; and attendance grows every year. She expressed her support for the sales tax to provide these opportunities to the community.

Gail Ratliff stated she is a member of the North Brevard Library District Board; and she believes an infrastructure surtax referendum will be an advantage to the people of North Brevard. She stated the public libraries provide a variety of programs for all age groups, traditional story times, craft sessions for children and adults, puppet shows, ballet, and other theatrical presentations. She advised in February, in honor of Black History Month, Judge Robert Decatur spoke at the library about his experience as a Tuskegee Airman during World War II. She stated at the North Brevard Public Library they have piano recitals; and music teachers and students use the grand piano donated to the library by the family of Jacob Henneman. She advised to improve the building and facilitate special events, the back area, support spaces, and storage should be improved and an office suite for the Brevard Cultural Alliance to utilize as a satellite office is recommended. She stated this additional space constructed at the North Brevard Library will enhance their ability to provide cultural presentations and exhibits to the public.

Fernanda Safarik stated she and people in Suntree support the initiative for an infrastructure surtax referendum, and believe the partnership with the Brevard Cultural Alliance is an excellent thing to enhance the libraries as both organizations have their achievements enhanced through the partnership.

Julianne Mielcarek stated one of the benefits of the proposed infrastructure surtax is cooperative venture between the Brevard County libraries and the Brevard Cultural Alliance to provide an additional meeting room and performance spaces in several of the libraries. She stated Cocoa Beach Public Library is one of the libraries that has been selected to benefit from the expansion project; she is a member of the Library Board; and she supports the proposal. She stated the Cocoa Beach Public Library is already very active and successful in providing programs for both adults and children. She advised for children, the library provides four weekly story hour programs, plus special programs such as puppet shows and science workshops; for adults, there are regular programs including art classes, book discussion groups, travel films, author talks, medical and health programs, AARP safe driving classes, Sunday afternoon music programs, computer classes, financial investment workshops, creative writing classes, craft programs, and art exhibits; and additionally the library provides a meeting place for numerous local clubs and organizations, condo associations, investment clubs, literacy tutors, and their students. She stated the library-sponsored programs are enormously popular in the community having served over 17,000 people in 2002, which is the highest program attendance number in Brevard County libraries. She advised the library has been so successful with its programming for adults that on numerous occasions their meeting room facility meets it capacity and they have to turn people away. She stated because of this the library contracted with an architect to study how their meeting room could be expanded to allow greater capacity; three expansion plans were presented to the Library Board; and expansion of the library was demonstrated to be feasible on the site and it has ample parking to accommodate additional users. She stated if the infrastructure surtax is approved by the voters, they can work with the County to provide an enhanced facility for the community. She requested the Board put the item before the voters.

Warren Nelson, Chairman of the Steering Committee for the Botanical Gardens, stated at the time there is no botanical garden in Brevard County; and they would like to have it recognized as part of the surtax. He advised the botanical garden is an issue that is supported throughout the County; there is a strong horticulture community in the County; Brevard County is one of the only counties that does not have a botanical garden. He advised Martin, Palm Beach, and Miami-Dade Counties have botanical gardens; and there are gardens in Tampa and Orlando. He noted gardening is the number one outdoor activity in the United States; the age group tends to be from 40-65; and with the baby boomers they will continue to advance to that age group. He advised a botanical garden is more than a garden; it is a major cultural center; it is a place of solitude and information for gardeners; but it becomes a center to all of the many cultural activities in the community. He stated there is an unusual opportunity as the climate in Merritt Island is very unique and tropical; they want to build on that; and the County Commission should be aware the eco-tourism is one of the major contributors to the economy; and the botanical garden will dovetail into that. He stated a botanical garden will turn out to be a net positive on revenues and attractive to people outside the County. He encouraged the County Commission to support the surtax issue.

Kathleen Larochelle, Vice President of the Merritt Island Garden Club, stated a botanical garden on Merritt Island would be a nice addition to the tourism business, and would be especially suited to the area. She stated it will attract not only people who are interested in exotic plant life, but bird watchers; and it should have water access for the boaters. She advised the steering committee worked on the plan for approximately 15 months with many experts in perspective fields and locals as well; and they put a plan in place that will be specifically designed for the neighborhood.

Kay Grinter, President of the Friends of the North Brevard Public Library, advised they are in favor of the infrastructure surtax. She advised at the North Brevard Public Library over the years, the Friends of the Library and the North Brevard Library District Board have funded a variety of cultural performances and special events. She stated in November in honor of National Children’s Book Week the show, Reading is Fun With Tom Thumb, was presented by the Children’s Theatre of Florida located in Sanford; the youth group with Emma Parrish Theatre in Titusville, the Junior Players Traveling Troop of the Titusville Playhouse, performs regularly at the library. She stated The Reluctant Dragon was presented in February; The Three Little Pigs was another one of their popular productions; and these productions are presented free to the public. She stated North Brevard Library has meeting rooms but no stage for the performers; there is not a backstage area; and the performers use a restroom for costume changes. She advised additional square footage for performance space, backstage support space, and storage will enhance the library’s programming capabilities for the citizens. She stated under the cultural arts multipurpose center section of the proposed referendum, the idea of establishing a satellite office for the Brevard Cultural Alliance with space for north area artists and arts organizations is recommended. She stated it is a potential source for funding for arts activities for the citizens.

Melvin Mueller, speaking on behalf of the veterans of Brevard County, urged the Board to consider inclusion of the infrastructure issue on the ballot. He advised he is the curator of the Veterans Memorial Center Museum; it was dedicated on December 7, 1990; and it is found in the heart of Merritt Island on a valuable piece of land situated at the southern foot of Sykes Creek Parkway on the shores of the Indian River Lagoon. He stated the initial plan for that facility was envisioned by the Veterans Council; community and political leaders of the 1990 era greatly aided in the effort; and during the inception period, many people aware of the project voiced their opinions that the veterans would not be able to manage, fund, or maintain the center for more than one year. He advised they were all fooled. He stated the people of Brevard County own the facility and the land; both are leased from the Brevard County Government; and the lease is in effect until 2024. He stated the Veterans are continually seeking ways to improve the building, therefore creating a community asset. He advised in this arrangement, the veterans of Brevard County jointly fund, manage, and maintain the facility, as well as the park grounds on which the building is erected; they are continually seeking ways to improve the building; and they accomplish this with their physical efforts, monies, and working closely with the Brevard County Parks and Recreation Department. He stated their personal funded material additions to the structure have included the purchase and installation of ceramic tile flooring, carpet, auditorium ceiling tiles, and numerous painting and repair sessions to the majority of the interior building walls. He advised some of the ongoing and past usage for the Veterans Center include a voting precinct and library open to the community. He stated the library contains books, as well as a collection of audio and videotapes, all of which relate to the history of this great country. He stated it has continued to serve as a meeting place for government and local community events; senior citizen programs are continually conducted within, such as health care, and health fair programs; and it is the home of one of the County garden clubs. He stated it is home to many veterans organizations; AARP Arrive Alive 55 Safe Driving Classes are conducted on a continuing schedule; several bridge groups meet within the facility; numerous wedding and memorial funeral services have been held; and it houses a military museum. He stated the museum is restricted in size; they are only able to provide space to display less than one-third of the available items in their inventory; and for the past several years they have been seeking revenues to expand the joint usage of the facility. He advised they want to see an 80-foot addition added to the present building, extending west of the current structure.

Carol Pope stated she supports this type of referendum because it is asking the taxpayers what they want to do with their money. She advised the voters will respond to things they like to see such as the EELS and Beaches and Riverfront Programs; she thinks both are voter-supported initiatives for things that are important to quality of life; and recommended the Board consider establishing a fund dedicated to preserving Brevard County’s historic and archaeological resources. She advised many historic structures are lost each year because of no funding source to either purchase or even help with the restoration of the valuable resources; preservation of historic resources has been proven to be a vital economic engine in many parts of the State of Florida; and they are in the process of bringing that same reality to Brevard County. She stated historic preservation in Florida produces benefits at $4,200,000,000 each year; heritage tourism alone is $3,700,000,000; and rehabilitation of historic structures provides $350,000,000 yearly. She stated this includes sites now being restored such as the H. S. Williams House in Rockledge. She stated Brevard County is the owner, and they provide the restoration for it under a lease agreement. She stated she would like the same type of agreement for other historic structures. She stated the goal is to have every visitor travel from historic Titusville to the other end of the County, visiting all the different historic sites, which provide a tourism base and an incentive for educational services as well. She stated the Board can set up a revolving fund; it lets historic properties be purchased, restored, and be re-sold into the community, so it goes back on the tax roll; and grants from the Division of Historical Resources have funded many of the older commercial centers in Titusville, Cocoa Village, and Melbourne. She stated she hopes the Board will consider historic preservation on the menu of items of the very needy and beneficial programs it has before it today.

RESOLUTION, RE: OPPOSITION TO SENATE BILL 2800

Commissioner Pritchard advised he has been notified that Senate Bill 2800 was pulled from the Senate floor; it has been tabled and will not appear again until next year; and requested Agenda Item VI.F.1 be pulled. He noted there is no reason to discuss it at this point. Chairperson Colon stated Item VI.F.1, Resolution, Re: Opposition to Senate Bill 2800 has been pulled.

DISCUSSION, RE: INFRASTRUCTURE SURTAX REFERENDUM (CONTINUED)

Dean Richard Pettit, Chairman of Titusville Environmental Commission, stated he is in favor of the referendum, and is in favor of a trails/greenway network to the County being included within the referendum. He stated greenways and trails can provide a variety of economic benefits to a community; they stimulate the local economy by creating a market for outdoor recreation supplies related to trail usage such as bicycles and accessories, outdoor-related clothes and shoes, and other goods; and it creates a demand for non-durable goods such as food, drink, lodging, and other services. He advised greenways and trails add to the local economy by adding to the quality of life index within the surrounding communities. He stated communities that boast of high quality of life find themselves more attractive to future business investment and development. He noted companies operating in these areas can use a high quality of life to attract more highly qualified respective employees, giving them the edge in their market. He stated being located in these areas results in a happier and healthier, more mentally balanced workforce, resulting in more productivity, less employee turnover, and less productive time loss due to sick leave. He stated they are not only good for the environment, they are good for economy and business as well. He advised in studies it has been shown that greenways and trails networks can stimulate a sharp rise in local tourism. He stated throughout the 1990’s, bird watching became America’s fastest growing sport, experiencing a 154% growth rate in participation; golf participation grew 34%; and in 1997 bird watchers spent $4,500,000 in Florida and $1,500,000,000 nationwide. He stated the City of Titusville is working on a concept through the Environmental Commission called the Greater Titusville Heritage Trail, which will link cultural aspects and environmental assets together into one cohesive united for better marketing to eco-tourism trade. He stated there are environmental benefits of greenways and trails by tying parks and reserves together with greenway corridors; and it would help to save vital habitat corridors, which are critical in maintaining healthy local wildlife populations. He advised in areas where habitats are surrounded by encroaching development, they become fragmented and the wildlife populations within these habitats become genetically isolated, resulting in inbreeding and raising their susceptibility to disease and local extinction. He stated some forms of wildlife, such as wildcats, require large amounts of territory to insure enough prey to maintain their population, and these animals travel long distances in their efforts to live. He stated greenway corridors and the trails associated with them not only help the people to enjoy the natural environment, they help local wildlife species continue to thrive; the same preserve corridors help to preserve local watersheds by reducing runoff and filtering lawn and auto base pollutants from the runoff; and greenways can insure local aquifers and water supplies by allowing the rainwater to recharge the aquifer rather than running off an impervious surface into a local drainage system. He stated there are a huge variety of benefits to a greenway and trailway system, and requested the Board support or include that in its support for this initiative.

Thea Thorne stated she feels it is important to have a permanent concrete block structure for the Fire Station Number 21 in Scottsmoor; currently they reside in a trailer; and whenever there is a hurricane or hazardous weather conditions, they have to evacuate the facility, which leaves the community without firefighters; so there is a need for a better facility for the personnel. She stated they keep their bunker gear within their living quarters instead of in a bay like the other facilities have; they have no area for training; and their fire engine and brush truck are kept out in open weather. She stated the infrastructure sales tax will meet the need for this necessity to become a reality, and will cause the visitors to the community to be held accountable and help pay for this for the community.

Thomas Kreuzinger, Chairman of the Mims/Scottsmoor Library Board, stated the fire station in Scottsmoor needs help. He stated the library was a leftover building from when the Titusville Courthouse was re-opened; the County did a good job outfitting it and made them a great library; but it is a portable building that takes money every year to maintain. He advised they had the roof cleaned and patched for $10,000 recently. He stated it is a continuing money drain; and he would like to get a permanent building in the Mims/Scottsmoor area.

Freda Schildroth, President of the Space Coast Affiliate of the National Alliance for Mentally Ill (NAMI), stated she is there to support the infrastructure surtax referendum. She stated there are several unfunded capital improvement programs that need to be completed in Brevard County. She noted the creation of a central receiving center for the jail will greatly improve the current processing procedures for people with a mental illness or a substance abuse problem. She stated an individual taken to the central receiving center by members of law enforcement for a medical clearance and mental health assessment is then transferred to the appropriate treatment facility. She stated the center will allow the law enforcement officer to return to his or her duties quickly, eliminate the backup in the hospital emergency departments, and offer a broader range of assessment by trained medical personnel for people in crisis. She advised a central receiving center can eliminate placement in jail for person under Marchman Act substance abuse orders. She stated Commander Terry Altman of the Brevard County Detention Center was unable to appear today, but she talked with him the day before. She advised Commander Altman considers a central receiving center vital to the appropriate placement and proper treatment for persons with mental health and substance abuse problems. She stated the jail is not equipped to take care of the people who end up there because there is a lack of property place for them; and the jail needs to be expanded in order to separate people with mental illness or a substance abuse problem from the general population. She advised the jail is not the proper place for extremely ill and vulnerable individuals; noted the death in jail of Rob Ferris; and stated everything must be done to insure such a sad and unfortunate incident never happens again. She stated the jail is overcrowded; it was designed to hold 384 inmates; there are currently beds for 1,041 inmates; and the infrastructure of the jail does not support the current population. She stated Commander Altman supports expansion and provided the statistical information she reported to the Board today. She advised the average daily population for fiscal year 2002 was 1,210; the January through March 2003 average daily population reflected a 14% increase over that of fiscal year 2002; and as of April 20, 2003 there were 1,364 average daily population inmates there. She urged the Board to approve putting the referendum before the voters; and urged the voters of Brevard County to say yes to the ballot to allow Brevard County to finance all the critical needs addressed today.

Regina Friedman, President of the National Alliance for the Mentally Ill South Brevard Chapter, stated she supports the infrastructure surtax referendum. She advised the 2003 projected average daily population of the Brevard County Detention Center has been estimated at 1,386 inmates. She stated since 23% of this population has a serious mental illness, she requests the Board of County Commissioners expand the jail by one male and one female forensic pod.

Steven Webster, Director of Florida Marine, stated the Causeway Bike Hike Coalition has a goal of seeing full access to and facilities for the public across all of the Brevard area causeways. He advised in the process of gaining support of that, they won the endorsement of every member of the Brevard Delegation to the State House and the endorsement of numerous cities and civil organizations; and they had conversations with the Department of Transportation, which have been fruitless to date. He stated the causeways and greenways and access across the rivers is a vital component of infrastructure. He stated according to the Florida Inland Navigation District, they bring 7,382 jobs to this County alone, $260,000,000 in personal incomes, and three quarters of a billion in sales to Brevard County. He advised it is almost impossible for dredging to take place because of numerous environmental and other restrictions. He stated Florida Inland Navigation District estimates if no dredging takes place, the channels will see a decrease of $541,000,000 in sales, a decrease of several hundred million in personal income, and a loss of over 5,000 jobs in Brevard County. He stated he believes the County Attorney needs to look at the issue; as of May 5, 2003 it may be impossible to achieve or even take part in any of the activities he spoke of; and it may be necessary for liability reasons for Bevard County to shut down every boat ramp that it operates, take every law enforcement officer off the waters, and consider the outflow and intake of water from any drainage project or street repair project that it may consider. He stated there is a proposal to build a boating pier on an old fishing pier so boats can come to and from the new museum being developed; but the pier will be impossible to build under the new restrictions that come up May 5, 2003. He stated the reason is Brevard County will be held liable under the Marine Mammal Protection Act rule regarding manatee deaths. He stated the referendum will not be able to be done under the new rule. He stated the Florida Delegation to Congress stood in opposition to the rule, the Governor stood in opposition, Fish and Wildlife Commission stood in opposition, and he is hoping the Board of County Commissioners will oppose the rulemaking before it does potential damage to Brevard County.

Rocky Randels, Mayor of the City of Cape Canaveral, stated he speaks for the City Council when he says they support the Board’s consideration for placing on the next ballot a referendum asking Brevard residents if they wish to impose on themselves a surtax for infrastructure. He thanked the Board for the opportunity to be before it. He advised the City Council was so sure the referendum would happen that it is included in their 2002-2003 budget.

Harriet May, Chairman of the Palm Bay Library Advisory Board, stated she wants to speak of the concerns of the Palm Bay Library. She advised a new building is needed; Palm Bay is growing; and their building is 20 years old and has major maintenance problems, which need to be addressed. She stated the building is not up to Code for handicapped facilities; it is only 8,500 square feet; and the meeting room only holds 39 people. She stated they average 70 children every story hour. She stated the children's room is inadequate; and the space is being used optimally; but on the positive side, they do own the property. She advised there have been changes in the demographics in East Palm Bay; there is a much younger population; and they are seeing a much greater use of the facility. She advised they support the infrastructure surtax; and if the tax revenues are appropriated and the cultural arts multipurpose center is planned, it will be wonderful to have that space for cultural activities.

Phillip Swatek stated he has been privileged to speak before the Board many times regarding his duties with the Suntree Master Homeowners Association. He advised three years ago their community was asked to decide whether it wanted to incorporate. He stated he undertook the study and talked to developers, homeowners association officers, and municipalities that may have wanted to move toward them; and he learned quite a bit about it; but he did not know it is also the library service area for the Suntree/Viera Library. He stated they have been given briefings for a 15,000 square-foot library even though the County proposed 20,000 square feet. He stated now they are looking at the infrastructure surtax and there may be a possibility of expanding the library to what it should have been in the first place. He advised their interest is the expansion of the basic library; he understands there is a proposition to have a 250-seat auditorium next to or attached to the library; and it will be a great place to have the community building in this area. He stated just by driving in the area he can see the area will continue to grow in the coming years. He advised they are for the surtax, and will do what they can if it passes the vote.

RESOLUTION, RE: OPPOSITION TO SENATE BILL 2800 (CONTINUED)

Commissioner Pritchard advised again that Senate Bill 2800 has been pulled from the floor of the Senate; it will be tabled and most likely not heard again until next year; and the Senate will do a full Statewide economic impact study on the effect of the gaming boats. He stated it is Agenda Item VI.F.1. Chairperson Colon advised if anyone is there regarding that item, it will not be discussed today.

DISCUSSION, RE: INFRASTRUCTURE SURTAX REFERENDUM (CONTINUED)

Mark Stephan stated he is the archeologist of record for Indian Mound Station, one of the many historical resources in Brevard County. He recommended earmarking some of the revenues to go towards the purchase acquisition bringing into public ownership many of the historical lands; and he supports the tax referendum so that can be done. He advised many citizens have been working to protect Indian Mound Station, but there are many other historical resources such as the Pritchard House. He suggested special attention be paid to those historical sites in the County which relate to Statute 872 concerning unmarked human burial remains. He advised there are many of them that can be protected with funds aimed through the tax proposal.

Bob Fritz stated he is a retired school principal from Cocoa Beach, and he is in favor of the referendum. He advised approximately eight months ago, a committee of citizens and organizations got together to discuss the feasibility of a community center or senior center to be placed in the Cocoa Beach/Merritt Island/Cape Canaveral area. He stated the committee is composed of people from AARP, Brevard Alzheimer’s Foundation, Cape Canaveral Hospital, Citizens Action Committee of Cocoa Beach, City of Cape Canaveral, City of Cocoa Beach, Cocoa Beach Citizens League and Community Services Council, Creative Care, Freedom 7 Community Center, Merritt Towers, and the Merritt Island Executive Council. He advised 1,500 questionnaires were printed, distributed, and at this moment they are being tabulated. He advised the purpose of the questionnaire is to find out what the citizens of the area feel needs to be happening in the senior center. He advised presently there are no senior centers located in the Merritt Island area; there is one in the Cocoa Beach/Cape Canaveral area called Freedom 7; and requested the Board to consider the development of a senior center in the Merritt Island/Cocoa Beach/Cape Canaveral area.

Richard Mickle stated he supports the referendum and wants it to be put on the ballot so the voters can vote on it. He stated he wants all the voters that have special interest groups to get out and vote; and recommended keeping in mind if there is no money, there are no services.

Bob Gross, Chairman of the Brevard County Historical Commission, stated he spoke before the Board almost 30 years ago because it was considering entertaining demolition contracts to tear down the Ruth Henegar Center; they put together a coalition of non-profits and asked it not to do that; and by taking the money and putting it back into those buildings, it has made downtown Melbourne a gem. He stated the Historical Commission is appointed by the Board to advise it of matters of historic preservation. He stated the Historical Commission passed a resolution requesting the infrastructure tax be put before the voters, and if passed, part of the tax be dedicated to historic preservation. He read the resolution into the record, “A Resolution pursuant to the provisions of Brevard County Code of Ordinances of Chapter 58 governing the establishment and duties of the Brevard County Historical Commission to advise the Board of County Commissioners concerning matters of historic preservation. Whereas, the historic Pritchard House located at 424 Washington Avenue in Titusville, was erected in 1891 and remains one of Brevard County’s finest surviving examples of period Queen Anne architecture; and whereas, the Pritchard House is listed on the National Register of Historic Places and has been officially recognized as a Brevard County historic landmark; and whereas, the owner of the home, Mrs. Mary Schuster, granddaughter of the home’s original residents, Captain James Pritchard and his wife, Mary, has expressed a desire to see the home restored, preserved, and made accessible to the public, and to these purposes, has offered a letter of intent to Brevard County to enter into a sale of the residence and property as a living history museum; and whereas, District 1 Commissioner Truman Scarborough, in whose District the property is located, is proposing to the Brevard County Board of County Commissioners that Brevard County consider it favorably and act upon the offer by Mrs. Schuster to acquire the property as a living history house museum for the benefit enjoyment of Brevard County citizens and visitors; and whereas, the Brevard County Historical Commission is mandated by Chapter 58, Article 2 to advise the Board of County Commissioners of matters of historical preservation and recognizes the high value and importance of heritage tourism to the economy, as well as the cultural value of preserving outstanding examples of the County’s early structure. Now, therefore, be it resolved, that the Brevard County Historical Commission endorses, in concept, the public acquisition of the Pritchard House and recommends to the Board of County Commissioners consideration, including this project, on any proposed list of candidate projects to be funded in the event of the County’s passage of a local option sales tax, and further urges that the Board of County Commissioners direct, as appropriate, County staff to negotiate with the owner and plan for the potential acquisition and operation of the Pritchard House.” He stated in most communities there is a hard-core foundation of native residents who protect the historic aspects of the community. He stated Brevard County is the fastest growing County and on the top ten list in the country. He advised Brevard County does not have a hard-core solid group to fight for preserving historic structures. He stated they have an obligation to preserve a lot of these structures and trails.

Roz Foster stated she got involved in the local community with the preservation restoration of a community church, and has been working on that project ever since. She advised the Pritchard House is extremely important to the community of Titusville; Captain Pritchard came to Brevard County in 18776 and settled on what was the Delespine Grant; he started the first bank and the Electric Works in Titusville; he was instrumental in starting the Water Works with Mr. Benjamin Rush Wilson; and he built his house in 1891. She stated the family has lived in this house ever since; the family has been a mainstay in the City of Titusville for many years; and to lose this house to demolition or to acquisition by someone who will tear it down and put a bank, shopping center, or office building there will be a catastrophe to Brevard County. She suggested considering the purchase to have a living house museum and preserve it for future generations. She stated she is a member of the Brevard County Historic Commission, Heritage Council, and the National Historic Trust. She stated historic preservation in a county brings tourism; many people do not like to go to theme parks; they want to know what the history is of the place they are visiting; and Brevard County is rich in history and it needs to be brought to the community. She stated many people come to the County from other countries looking for descendants who used to live here in the 1800’s, so they want to know about the history of Brevard County. She stated a speaker spoke about the Indian mounds; there is one in North Brevard County that is being desecrated as we speak; and preservation of historic lands, landmarks, and home buildings will be a rich addition to Brevard County.

Sue Canada stated she is speaking in reference to the animal shelter in North Brevard. She advised currently there is a problem, not only with the size of the shelter, but the location. She stated it is hard to find; most of the public cannot find it; so there are less adoptions, revenue, and the public has trouble relinquishing animals as they cannot find the shelter to take them there. She stated there is severe overcrowding; it is dangerous for animals when they are put in together, especially with large dogs; many times they fight; and aside from the injuries, sometimes the fights are to the death. She stated disease is easily spread; there is no room for isolation for many of the dogs; and they put them in overflow cages outside. She stated many times the public would rather abandon an animal than take it to a shelter where the percentage of animals euthanized is high. She advised last August 300 to 400 cats were brought to the shelter; and out of that 300 to 400, there were only four adopted. She noted many seniors are having to relinquish their pets, but hate to take them to a shelter. She advised many of the animals have been the elderly people’s companions for many years. She stated Commissioner Scarborough suggested a wonderful location on S. R. 405 in Titusville, next to the transfer station; it is easy to find, and there is easy access for the public and animal services; and suggested the Board consider a new shelter for North Brevard.

Jim Ball stated his great grandfather knew Captain Pritchard, and he has the privilege of knowing his daughter and granddaughter. He stated he is the owner of Indian River Dry Goods Company, which is a retail store in historic Titusville; as a merchant, he would say retail businesses are on the front line of collecting this tax and paying it on behalf of the government agencies that impose it; and he supports the tax for all the many reasons discussed before the Board today. He stated he is a member of the Titusville Community Redevelopment Agency and is a part of a steering group of downtown merchants that are banding together to try to improve the economic condition of the downtown. He advise it was suggested there could be a number of specific projects identified for funding should the tax be passed. He stated he wants to add his support for two specific ideas, the Pritchard House and the Space Walk of Fame; both of the projects will contribute greatly to the quality of life throughout Brevard County; and they will have the added effect of actually generating additional revenues as a result of the sales tax.

Laura Ward stated the Pritchard House is across the street from Titusville City Hall; it is on U. S. 1 at the entrance to historic downtown Titusville; and everyone drives past it several times a day if they travel through Titusville. She advised projects like this are readily identified by the people who live in individual communities. She advised inclusion of this type of project will go a long way to get the citizens to support it.

Doug Mead advised he is with Mead Construction and has been a resident of Brevard County since early 1960. He stated he has the privilege of serving as Chairman of the Board of the Melbourne-Palm Bay Area Chamber of Commerce, which he is representing today. He stated the list should be prioritized by County and cities, and suggested capital improvement projects be used as a basis for the projects.

Daniel Hensler, Union President for Brevard County Professional Firefighters, stated he wants to show support for the referendum. He advised he has been with the County Fire Rescue for eleven years, and he has seen it grow from a small department to a rather large department. He stated some stations are temporary facilities, modular homes, etc.; Station 21 in Scottsmoor and Station 87 in Valkaria are in modular homes; and their apparatus are parked outside in the wear and tear of the weather. He stated the current problem with training is that they have no facility to meet all the needs; there is no storage facility for the training materials; the apparatus are throughout the area; equipment is scattered throughout; and it needs to be brought together at one central point. He stated the current place they are using is a rental. He advised they have time constraints and scheduling conflicts because other agencies use the facility; if they want to do training, they have no way of scheduling a date because it has to be paid in advance, and scheduled in advance; and it hinders company officers to do the training of their personnel. He stated they have one classroom currently that is used for a multitude of things; new hire training goes on roughly half a year; they have in-house medical training that requires classroom time; so there are big problems as far as training sites. He advised this referendum will help with all those things.

Joe Robinson, Executive Director of North Brevard Charities, stated he is here to support the tax referendum. He advised he spent 25 years in the Navy; he was a marksman; and he was taught how to take people out. He stated he is speaking for the homeless men, women, and children because there are a lot of things around taking them out; people treat them like they do not count; and there is much these tax dollars can do to benefit the homeless in evaluating their situation and trying to make their lives better. He stated the homeless men, women, and children are not the enemy, so every effort should be made to take them in.

Lee Daley stated he is a member of the Apollo Motorcycle Club, is on the Executive Board of the Florida Trail Riders, and is in favor of placing the 1¢ infrastructure surtax on the referendum for the voters to decide. He state if the surtax is approved, he wants an off-road vehicle park to be on the list of potential County projects. He stated off road vehicle riding is wholesome family recreation; he began riding with his father and sister 30 years ago; and today he rides with his girlfriend and her 15-year old daughter. He stated with the new Mark T. Schmidt Off-Road Vehicle Safety and Recreation Act, the titling fees from off-road vehicles are put into OHB trust funds, which total $480,000 as of April 7, 2003. He stated the use of a County park will generate more funds since all vehicles operating on public lands are required to be titled, even though only vehicles purchase after July 1, 2002 need to be titled. He advised that creates funds from the used vehicles that are brought into the park. He stated the funds that are created can be made available to the County to help fund any type of off-road vehicle park. He advised there is also the National Recreational Trail Fund, which supplies matching grant money to improve existing off-highway vehicle parks. He advised two entities in Florida received grants of $250,000 earlier in 2003. He stated the Board on December 8, 1998 had a public hearing regarding the creation of an off-road vehicle park; a one-cent surtax creates the funds to move forward with that project; and the matching funds available can help finance the project. He stated in the Apollo Motorcycle Club there is a local group willing to manage and provide for upkeep any off-road riding area that is created. He advised a park created in Brevard County will draw visiting families from throughout the State, and the added sales tax revenue from the monies they spend while here will help offset the cost of operating the park.

Helen Dezendorf, President of the Friends of Port St. John Library, member of the Library Advisory Board, member of the Port St. John Community Center Advisory Board, President of the Homeowners Association, and President of the Port St. John Pool Committee, stated she does not need to speak to the Board regarding the library as a recent addition was built at the library. She advised the sales tax is a good thing. She stated in Port St. John they want to figure out how to fund a community swimming pool. She stated when she hears about the road and all the other things that sound so important that are needed, it humbles her to ask for money for what most people consider a recreation project. She stated she is a forty-year swim teacher; she swam competitively in high school and college; and it keeps her blood pressure down. She stated she does not have an agenda to ask for the swimming pool because she has one at her home; but she wants people to have access to a safe, convenient, and cost free swimming pool. She advised the leading cause of death for children under 14 in the State of Florida is drowning; if more swimming pools were accessible to the people, we are saving lives; and it would keep young people off the streets doing something that is supervised and healthy for them. She stated it helps the seniors because they can do aquasize and arthritic massage in the pool; and it is a great way to keep them healthy. She stated swimming is a wonderful activity for health. She implored the Board to add that project to the wish list of things to get with the sales tax, and reminded everyone that the sales tax is the most equitable way to tax the citizens.

Daniel McKune stated a few years ago they had a good showing of off-road vehicle enthusiasts to demonstrate to the Board how important it is to them to have a place to ride. He advised he is in favor of the referendum for the tax increase; it will aid the County and city police by taking the burden off of them having to go where people should not be riding; and every place they ride it seems like they are trespassing. He stated they need a place to go. He advised the Apollo Motorcycle Club recently put on an event for off road-riders; it brought out over 1,000 people for a one-day event; and again, he is in favor of the referendum.

Leroy Fogle, Vice-President of the East Mims Civic League, stated everyone covered things he wanted to speak about with the exception of the children. He stated something is needed for the children. He advised the children are our tomorrow, they are the future. He stated they are the priority, and everyone needs to look out for them. He stated if the sales tax passes, and something is done for the children, Brevard County will be a much better place.

The meeting recessed at 3:41 p.m. and reconvened at 3:53 p.m.

Chairperson Colon advised there are many questions to be answered today; and inquired what the County Commission wants to do; with Commissioner Pritchard responding there is no question that it is the will of the people speaking today that a referendum is in order. Commissioner Pritchard advised he is opposed to the tax, and feels it is regressive in that it effects the lower income people at a much higher percent of their income. He stated the issue is if the people want to have any of the various projects spoken of today; he wrote down over 35 different entities interested in seeing a referendum come before the people so they can make a decision; and he supports that. He advised it is up to the people, and should be their decision.

Chairperson Colon inquired what date will be appropriate for the referendum; with Commissioner Pritchard responding it will take at least 90 days before the Supervisor of Elections can schedule a referendum. He stated before that can be done he wants to make sure projects are clearly identified. He stated an oversight committee is needed to make sure the projects stay on schedule. He stated there are a lot of things the community would like to see, and it is just a question of being able to pay for it. He stated it needs to be addressed in the same fashion as the Parks and Recreation Referendum, as it was a self-imposed tax. He stated the Board needs to identify projects, identify a time line, and follow the way the voters supported a self-imposed tax.

Commissioner Carlson advised she will support the tax, but wants to make sure that in a workshop setting the Board identifies what the actual impact of the tax will be, just as it has done with property taxes. She stated she wants to see the Board evaluate the needs presented against the current CIP and Strategic Plan; she would like to see it utilize the 20/20 Transportation Plan; and look at road projects that are already ready to build. She stated the Board needs to define performance measures and achievable outcomes; it needs to educate the public on the projects with the oversight committee; and the oversight committee will be established if the tax should happen to pass for purposes of accountability and fiscal responsibility. She stated the County will get 1/3 of the dollars, and wants to see an evolving of partnerships with city and County dollars. She advised based on what she has heard, the people would like to have the opportunity to vote on this; and she feels a more equitable tax versus just taxing property owners. She advised she would like to move forward with that.

Chairperson Colon inquired what date should the referendum be placed on the ballot; with County Manager Tom Jenkins responding the earliest it can realistically be done, knowing the time frames and steps that have to occur, will be September/October/November time frame. He advised County Attorney Scott Knox gave him a note that explained the legal parameters, and requested he go over those with the Board.

County Attorney Scott Knox stated the Statute requires the Board give notice to the Department of Revenue in October when the referendum is going to be. He advised if it is going to be after October 1st, it will have to give notice of whether or not the referendum is adopted before November 16th or ten days after it is adopted. Mr. Jenkins advised the Board must have a date by October 1st; DOR must be notified; and the referendum will have to be held by November 16th. Chairperson Colon inquired what if it is in September; with Mr. Jenkins responding it is an option; and it can be done before October 1st.

Commissioner Higgs inquired what elections are scheduled in November; with Mr. Jenkins responding many City Council races. Commissioner Higgs stated there will be races in November anyway. Mr. Jenkins advised part of the County, not every city, but probably half or a third of the County will be having elections. Commissioner Pritchard advised there will be more voters and a much better cross-section of the voting public.

Commissioner Scarborough stated the Statute requires a 50/50 split, so the Board needs to proceed with a letter from County Manager Tom Jenkins to Dr. DiPatri stating the Board wants to have the School Board enter into an interlocal agreement, because the Board needs to get from the majority of the cities, otherwise it will default the statutory formula. He stated the Board needs to state dates and times; it needs to be incorporated in the interlocal agreement; it needs to be project specific; and if it was not project specific, the park referendum would not have passed.

Commissioner Higgs stated it will be wisest to look at the November time frame since a significant number of cities are on the ballot for that time. She stated the Board needs to be very specific and focus on the projects that are the biggest need in terms of infrastructure; and it should be careful what is put on the ballot.

Chairperson Colon advised a majority of the Board seems to be in support of a referendum. She stated the Board can discuss the details at a workshop. Mr. Jenkins stated he needs details before he can have the interlocal agreements drafted.

Commissioner Scarborough stated he met with three School Board members, the Superintendent, and various people from the cities. He stated there is discussion that 20 years would be better to have the numbers to do something significant; and when doing acquisitions for road improvements, it will escalate faster. He stated interest rates are low; and the County borrows at a substantially lower rate than that; so it will save money by doing things today and allow everyone to benefit from it. He advised it becomes a more attractive County for new business and for people to move into; and it creates a stronger tax base in the future to the public investment. Chairperson Colon inquired if the Board wants to go with the 20 years; with Commissioner Scarborough responding he will make the motion. Chairperson Colon requested holding off on the motion until everything is discussed. She inquired if the language giving authority to bond the tax will be something the County Attorney will help the Board with; with Mr. Jenkins responding he will do that. Chairperson Colon stated regarding scheduling a workshop, time will be of an essence. Mr. Jenkins advised the Commissioners will have to look at their calendars and he will schedule the workshop based on that. Mr. Jenkins inquired if staff should advertise a formal public hearing on the ordinance itself; with Mr. Knox responding yes. Mr. Jenkins advised he believes the workshop can be held in May. Chairperson Colon inquired if there is a formula in regards to drafting the interlocal agreements with the municipalities and the School Board; with Mr. Jenkins responding Mr. Knox can draft one, and if the Board agrees, can forward them to the entities for them to act on.

Commissioner Pritchard stated at the workshop the Board needs to have citizen input so it will know the approximate cost, the continued cost, and the maintenance cost of the projects. He stated the Board will have to look at the life of the projects, and what the cost is going to be because the tax is not going to be used for long-term operation maintenance. He stated it is critical that the Board look at those numbers as well.

Commissioner Carlson inquired what latitude does the Board have in terms of the interlocal agreements. She stated she understands to pass the tax, it is 50/50 municipalities and the County. She stated she knows the County gets its own pot of money, but it can make it go much further if it can partner on some of the issues that were brought out since many are in the municipalities, but provided by the County; and many citizens who live within the cities will utilize those. Mr. Knox advised he does not think there are any restrictions on how the Board allocates between the cities. He stated there is a lot of flexibility on how the Board can do the interlocal agreements; and he is sure the 50/50 split is required. Mr. Jenkins advised it will be one-third, one-third, one-third, and the cities are going to distribute their one-third share in accordance with the State formula. He stated he believes what Commissioner Carlson is asking is to include language in the interlocal agreements that encourages the cities and the County to work together to jointly fund projects. Commissioner Carlson advised she is including the School Board as well. Mr. Jenkins advised he thinks it should say something like the Board encourages that to occur. Commissioner Carlson stated all she is asking is for the Board to encourage them. She stated whether they will do it or not, she does not know. She stated the municipalities, School Board, and the County need to provide educational materials to the citizens like they did with the Parks and Recreation referendum. She stated she wants to do it in a unified form so the people are not lost on all the details of the many projects that may be brought out. Mr. Knox advised the Board can do that.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize a referendum in November 2003 for a 20-year one-cent infrastructure sales tax; and express desire for the proceeds to be divided in thirds by the County, municipalities, and School Board; authorize the County Manager to schedule a workshop and advertise a public hearing on the ordinance; and direct the County Attorney to draft interlocal agreements and Mr. Jenkins send the agreements to the municipalities and School Board for consideration. Motion carried and ordered. Chairperson Colon voted nay.

Chairperson Colon advised she is in opposition, but feels that since there is a majority voting yes on the Board, she wanted to at least carry out their wishes as far as chairing the meeting, and hopes she was fair, even if she does not support the motion.

LEROY WRIGHT, RE: RIVER RESTORATION, LAKE HELL N’BLAZES, AND LAKE
SAWGRASS

Leroy Wright stated he wants to make a few comments regarding the restoration project that is in jeopardy on Lake Hell N’Blazes on Sawgrass, which he discovered one week ago. He advised it was urgent that he was able to place this item on the Agenda; and that is the reason the Board did not have its package in time to look at it. He stated he wants to introduce Dave Cox with the Florida Fish and Wildlife Conservation Commission. He stated Mr. Cox is present to answer any questions the Board may have which are technical. He advised Mr. Cox has 33 years experience as a marine biologist. He stated Commissioner Pritchard had the opportunity to go out with Maurice Sterling with St. Johns River Water Management District to take a look at the two lakes; it is very wild out there; and it is a pristine area. He stated over the years before there were any regulations, the agricultural people were within their rights to do what they wanted to; they offloaded a lot of agriculture runoff into the two lakes; and the agreement that was made in 1987 to put in some retention systems on the farms has begun to help. He advised for over 50 years there was nothing stopping the destruction of those two lakes; which filled up with sedimentation. He advised in the documents he provided to the Board, there is a report that Mr. Cox prepared that basically says those lakes were full of sediment; there is no room in the lakes to hold any more; so the sediment is drifting into Lake Washington. He stated that gives great concern as Lake Washington is the drinking water supply for the City of Melbourne. He stated if the lakes are not restored by the time the C-1 Diversion Project is completed, which is about 15 months from today, acreage will be lost there. He stated when the C-1 Diversion Canal gets completed, which he supports to keep the fresh water in the St. Johns and not let it get out into the Indian River Lagoon, the project will die. He stated he serves on the St. Johns Restoration Working Group Committee; their meeting on May 7, 2003 is to finalize what projects they have, where they are, and prioritize; and the City of Melbourne’s drinking water is at risk. He stated if that project is not done, the Board will be looking at $30,000,000 to clean up Lake Washington when the sedimentation takes over. He stated he is asking for a letter to Congressman Weldon, who has supported this project and the C-1 Project, as well as Senator Nelson, Senator Graham, and Representative Feeney. He stated the State is not involved as it is a federal funding issue.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to authorize Chairperson Colon to send letters, drafted by Leroy Wright, to Senators Bob Graham and Bill Nelson and U.S. Congressmen Dave Weldon and Tom Feeney requesting federal support to resolve the Corps of Engineers funding issue for the restoration of Lake Hell N’Blazes and Lake Sawgrass. Motion carried and ordered unanimously.

WARRANT LISTS

Upon Motion and vote, the meeting adjourned at 4:17 p.m.

ATTEST: _________________________________
JACKIE COLON, CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

_____________________
SCOTT ELLIS, CLERK

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