The Board of County Commissioners of Brevard County, Florida, met in regular session on July 29, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Bishop Stanley P. Moon of Church of Jesus Christ of The Latter Day Saints.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

PUBLIC HEARING, RE: TENTATIVE MILLAGES FOR FY 1997-98

Chairman O'Brien called for the public hearing to consider tentative millages for FY 1997-98.

Budget Director Kathy Wall advised the purpose of the hearing is to adopt tentative millages to notify taxpayers; and once the millages are adopted, they can be reduced at the budget hearings, but not increased. She stated the preliminary budget contains $105,271,987 in projected property taxes, and represents 0% increase over the 1997 aggregate rolled back millage; and the proposed aggregate millage is 6.7378 mills. Ms. Wall advised the average residence is $71,810 according to the Property Appraiser; in the unincorporated area, the tax would decrease 84?; and in the incorporated area, the decrease would be $1.48.

Chairman O'Brien inquired when was the last time there was a decrease in taxes; with Ms. Wall responding last year.

Commissioner Higgs inquired about the proposed 1.2% decrease in Library Services; with County Manager Tom Jenkins responding 1.2% equates to $125,000; and even with reducing the millage, no tax increase is anticipated for five years; and the County can still absorb the growth. Commissioner Higgs inquired if putting that increase in the General Fund would take care of the Economic Development Commission; with Mr. Jenkins responding yes. Commissioner Cook stated there are other areas, such as the Constitutional Officers' budgets which can be reduced to make up a portion of Economic Development Commission funding. Commissioner Scarborough stated the Board could reduce the Library Services now, and make further cuts in September; and if needed, it could consider refinancing the COP's.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to reduce the preliminary millage for Library Services by 1.2% to 0.7385 mill for FY 1997-98.

Ms. Wall advised it would increase the General Fund millage to 4.2796 mills, but the aggregate millage will stay the same.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

DISCUSSION, RE: REFINANCING CERTIFICATES OF PARTICIPATION (COP'S)

Commissioner Cook advised the County Manager provided figures on the cost of advertising a hearing on the refinancing of the COP's for the Government Center and other alternatives to obtain public input; the simplest and most effective way to do it is to have a public hearing, advertise in quarter-page ads in the newspapers that on a certain date the Board will consider refinancing the COP's, and explain the effect it would have. He stated the effort is to get public input, ensure people know what the Board is considering, and provide an opportunity for them to express themselves at the public hearing or call individual Commissioners if they cannot attend the hearing.

Discussion ensued on the size of the advertisement, what newspapers to put it in, date of the public hearing, exploring cost-saving measures for legal advertising, coupons, people contacting Commissioners, wording of the ad, including the Press Journal in South Brevard and Orlando Sentinel in Central and North Brevard, news release from County Manager, and refinancing with the current sales tax revenue to save money.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to instruct the County Manager to prepare language for advertising a public hearing notice on refinancing of the Certificates of Participation on the Government Center for September 4, 1997 at 5:30 p.m., explaining what it will do and that it will not increase the sales tax; and that the notice be published as a quarter-page ad in all weekly and daily newspapers in Brevard County, including the Press Journal, Orlando Sentinel, and Florida TODAY. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for the General Fund is 4.2796 mills, representing a decrease of 0.22%. Commissioner Voltz advised her document has 4.2710 mills; with Mr. Jenkins responding it was increased by the reduction in the Library Services millage.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve preliminary millage for the General Fund at 4.2796 mills for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Mosquito Control District is 0.2230 mill, representing no increase.

Commissioner Scarborough advised there has been a lot of publicity about encephalitis; and requested the Mosquito Control Director advise the Board of what is being done in Brevard County to combat the problem.

Mosquito Control Director Jim Hunt advised all the hospitals and doctors are informed to look for encephalitis; there were 19 chickens in Indian River County that had it, and a medical alert was issued to increase public awareness; and there was only one confirmed case in Brevard County. He stated it is carried only by a night-time mosquito which does not come out during the day; so people should use repellant, wear long sleeve shirts and long pants, or stay indoors at night. Mr. Hunt advised the age groups most affected are from infants to teens and 55 years and older; and the symptoms are flu-like with nausea, vomiting, and potential coma. He stated they have a large reserve to clean up old mosquito control compounds and will use that source of funding if necessary. He stated they are in an aggressive mode; everybody is on overtime; and they are performing aerial dusting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve preliminary millage for Mosquito Control District at 0.2230 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Fire Control MSTU is 1.5864 mills, representing no increase.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve preliminary millage for Fire Control MSTU at 1.5864 mills for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Recreation District 1 MSTU is 0.5290 mill, representing 13.86% increase.

Commissioner Scarborough advised the North Brevard Parks and Recreation Board started with a request for a 34% increase, and worked to reduce it to 13.86%.

Parks and Recreation Director Charles Nelson advised the increase is primarily for parks coming online and new facilities being made available; and the Recreation Board made every attempt to identify other resources and got it down to 13% increase.

Commissioner Cook requested the geographical location of the MSTU; with Mr. Nelson responding from Canaveral Groves north to the Volusia County line. Commissioner Voltz inquired about the study on disparity of funding for recreation and what is being done; with Mr. Nelson responding they are updating the study and will bring it back to the Board in the future. Commissioner Voltz suggested limiting new parks and taking care of the existing parks; with Mr. Nelson responding some of the new parks started in 1989 and are just getting online as they are able to fund improvements; and they are trying to complete those that were started.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve preliminary millage for Recreation District 1 MSTU at 0.5290 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Recreation District 4 Operation and Maintenance is 0.5807 mill, representing no increase.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve preliminary millage for Recreation District 4 Operation and Maintenance at 0.5807 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for TICO Airport Authority is 0.0253 mill, representing a 1.56% decrease.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve preliminary millage for TICO Airport Authority at 0.0253 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Law Enforcement MSTU is 0.8957 mill, representing no increase.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve preliminary millage for Law Enforcement MSTU at 0.8957 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 1 MSTU is 0.7922 mill, representing no increase.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve preliminary millage for Road and Bridge District 1 MSTU at 0.7922 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 2 MSTU is 0.4440 mill, representing no increase.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve preliminary millage for Road and Bridge District 2 MSTU at 0.4440 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 3 MSTU is 0.6688 mill, representing no increase.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve preliminary millage for Road and Bridge District 3 MSTU at 0.6688 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 4 MSTU is 0.4880 mill, representing no increase.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve preliminary millage for Road and Bridge District 4 MSTU at 0.4880 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 5 MSTU is 0.7421 mill, representing no increase.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve preliminary millage for Road and Bridge District 5 MSTU at 0.7421 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 4 Beaches MSTU is 0.5952 mill, representing no increase.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve preliminary millage for Road and Bridge District 4 Beaches MSTU at 0.5952 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the preliminary millage for Road and Bridge District 4 South Merritt Island is 0.2465 mill, representing no increase.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve preliminary millage for Road and Bridge District 4 South Merritt Island MSTU at 0.2465 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the aggregate non-voted millage is 6.7378 mills, representing no increase.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the preliminary aggregate non-voted millage at 6.7378 mills for FY 1997-98. Motion carried and ordered unanimously.

Commissioner Cook requested staff explain the aggregate millage; with Ms. Wall responding Florida has a Truth in Millage law sometimes referred to as "TRIM" law; and each year a taxing authority must calculate the millage rate necessary to generate the same amount of tax revenue as it did in the previous fiscal year. She stated it applies to existing properties only and excludes new construction or additions; if the total assessed property values have increased, the taxing authority must reduce the millage in order to generate the same revenue as it did in the previous fiscal year; so there is a rolled back rate or a reduced millage rate. Commissioner Cook inquired if all taxing authorities have to start from there; with Ms. Wall responding yes.

Ms. Wall advised the Environmentally Endangered Lands preliminary millage is 0.2500 mill, representing no increase.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the preliminary millage for Environmentally Endangered Lands at 0.2500 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the Beach and Riverfront Acquisition preliminary millage is 0.2120 mill, representing a 0.70% decrease.

Commissioner Voltz inquired how long will the millage be assessed; with Ms. Wall responding there was a 20-year bond issued; and it will end when the bond is paid off.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve preliminary millage for Beach and Riverfront Acquisition at 0.2120 mill for FY 1997-98. Motion carried and ordered unanimously.

Ms. Wall advised the Port St. John/Canaveral Groves Recreation MSTU preliminary millage is 0.8525 mill, representing a 5.28% decrease.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve preliminary millage for Port St. John/Canaveral Groves Recreation MSTU at 0.8525 mill for FY 1997-98. Motion carried and ordered unanimously.

Commissioner Voltz inquired if the money from the State is included; with Mr. Nelson responding that money has not been received yet and will be appropriated through a State contract and not for the payment of the debt.

Commissioner Scarborough recommended the dates of the public hearings be announced; with Ms. Wall responding the first public hearing on the proposed budget will be held on September 4, 1997, at 5:30 p.m. in the Government Center Commission Room, and the second and final public hearing is scheduled for September 18, 1997, at the same time and place.

The meeting recessed at 9:56 a.m. and reconvened at 10:10 a.m.

DISCUSSION, RE: RFP SPECIFICATIONS FOR PPO AND HMO HEALTH INSURANCE PLANS AND AETNA RENEWAL OFFER

Human Resources Director Frank Abbate advised a synopsis of the Employees Benefits Advisory Committee meeting with representatives from Aetna on Friday was presented to the Board in his memo of July 28, 1997; and since that time, Aetna has given the County an 18% rate cap guarantee for its PPO, beginning January 1, 1998. He stated there was a 5% cap on the HMO, but no rate guarantee or cap on PPO; and they could not get any of the vendors to give any kind of cap on the second year.

Jeff Smith, representing Chapman Schewe, advised the offer is a worst case scenario on the PPO; it was 21% on Friday, and 18% today; and he understands Wuesthoff Hospital now has a contract with Aetna. He stated Aetna is in its mode of recontracting physicians which should have a significant impact long-term on PPO rates; Aetna's strategy was to start with the specialists and move through the different factions of the medical community; and in reviewing the numbers, Aetna has put forth a proposal that is extremely aggressive. Mr. Smith stated right now there are only four months of credible data on utilization of care by County employees; as the year matures, it will give them more information to be able to negotiate on the County's behalf; but the 18% cap is extremely aggressive and against the wishes of a lot of Aetna's management. He noted the most recent data they have is that the claim totals are actually improving; it will be distributed to the Insurance Committee when they get the final numbers; and he believes Aetna will be able to represent the agreements of their offer. He stated as the Board's consulting firm and broker, they are to give the Board a financial analysis which is due in August to prepare for renewal in September; the 18% is a worst case scenario; and as more information is extracted, it should get better.

Susan Crean, representing Aetna/U.S. Healthcare, advised as the Board directed, they went to the Benefits Committee and put forth a proposal with hard numbers; based on the 5% cap on HMO, Aetna is showing a half a million dollar loss on the HMO experience for the Board's particular group of members; and they have put a hard number cap on the PPO, which may show some loss as well. She stated the purpose for putting the proposal on the table is because they have a good deal with the County over a two-year period; now they are told by the Commmittee they want to take it out for a contingency RFP; and their concern is it may imply Aetna has failed to meet its performance guarantees which it has not. Ms. Crean advised their performance guarantee, as far as network, is to assure primary care physicians in each part of the County; they continue to demonstrate that; Aetna likes to partner with its insurance members; and long-term the County needs to realize that Aetna still brings it an enormous amount of value. She stated it has essentially the same network in place that the members chose from in the Fall of 1996; however, if the County goes with an RFP and it is invoked, that means a competitor may be allowed to come in either on the HMO side or PPO side in 1998; and both of those will have financial ramifications for the County because all of Aetna's rate guarantees will go away.

Commissioner Scarborough advised the issue got to this point because of the pool of physicians; the County was promised the names of doctors who are in the pool over the last four months, and it has been delayed; and there is a great deal of concern from people saying their doctors are not going to continue. He stated 30% of the employees are in District 1; the pool of doctors is smaller in North Brevard; those employees are not interested in a doctor in the pool who is located in Melbourne; and those employees have a right to reasonable expectations of having physicians available to them, which has not been forthcoming. Commissioner Scarborough advised another issue is the hospitals; he met with Jess Parrish on a number of issues that have been going on; and they said they made no requirements of Aetna, yet Aetna has not moved forward with a contract. He stated what was said by Ms. Crean here and what he hears in his office are not coming together; and if Aetna would give him a list of the pool and five contracts with hospitals, the issue may go away, because the best rates have no impact when employees have to take a whole day off to go to the doctor elsewhere in the County or because they are not able to get in and out of the doctor's office in a reasonable time period because of the small pool of doctors.

Ms. Crean advised Aetna has continued to give the Benefits Committee the directories of doctors who have contracts and continue to have contracts with Aetna up until today; she assumed the Committee would pass that information to the Commissioners; and she is not aware of any major changes to the network. She stated the directories and addendums they made were given to the Benefits Committee on Friday; and the doctors who have relationships with Aetna and the hospitals that maintain contractual relationships with Aetna still remain. Ms. Crean advised as with any managed care company, during the course of time, there may be discussions to change those relationships; that is what they are doing now; they are changing some of the contractual wording and negotiating that with the doctors; and there are other things they are negotiating with the doctors, which does not mean that a doctor would automatically leave the panel. She stated until either party specifically states they are terminating their agreement, the agreement remains in force; so they have continued to give the County a list of doctors.

Commissioner Scarborough stated some doctors are continuing under the old contracts; and that leads to a great deal of uncertainty. Ms. Crean advised in their proposal they have given the County a guarantee of what will be there for the 1998 year.

Ms. Crean advised hospitals take a long time; there is only one hospital in North Brevard; and for them to focus their resources to change the contract in North Brevard is not something either party would consider useful at this time unless the hospital is asking Aetna to come to the table to change some part of its contract. She stated they do not try to negotiate with everybody at the same time because there are several different components to the system; so the feedback that Aetna is not negotiating with Jess Parrish Medical Center may be absolutely appropriate because they have a contract; and unless either party wants changes to that contract, there is no reason to communicate about the terms. She noted they communicate on a daily basis about patients, treatment, etc., but not about the contractual area because there may not be a need to talk to the particular hospital. Commissioner Scarborough stated he talked to more than Jess Parrish and the feedback he got was similar, that they do not feel comfortable with the posture Aetna has taken.

Commissioner Scarborough advised he requested a meeting with Aetna's Vice President and representatives from the physicians and hospitals to go over things because it is difficult for him to handle a number of agenda items and have sufficient information; they are willing to meet; and requested Ms. Crean arrange with their Regional Vice President to contact his office so he can set up the meeting and Aetna can hear the concerns first hand. Ms. Crean advised Aetna would be happy to have its doctor, who is the network manager talking to doctors, meet with Commissioner Scarborough and go over any details; Chapman Schewe has suggested its medical director also be there; however, as an insurance company, Aetna cannot meet with Commissioner Scarborough and the doctors as it would be looked at by the Justice Department and have some anti-trust issues. She suggested Commissioner Scarborough tell the doctors to come to Aetna and voice their opinions through appropriate channels; and if there is an issue of communication, they can call her or Mr. Warrick, the General Manager. She stated Aetna will be more than happy to answer any technical questions; their people in Titusville and the rest of the County can meet with Commissioner Scarborough or anyone else on the Commission; but they cannot bring all those parties together. Commissioner Scarborough inquired if a public meeting is called and the Press is invited, would they be willing to meet with the doctors and hospital; with Ms. Crean responding it would be the same issue, and a productive dialogue would not take place. Commissioner Scarborough stated it is difficult for him to come up to speed with all the technicalities because he is hearing one thing from the people he respects and works with and something entirely different from Aetna.

Commissioner Higgs advised there are a lot of people in the medical profession today who are unhappy with managed care; some of the complaints are in regard to managed care in general; so the Board has to filter that out. She inquired if she is enrolled in the HMO plan and does not like the network, what are her choices and when can she make a decision as an employee; with Ms. Crean responding she can make a change at the open enrollment period in October with an option to get out of HMO and go with PPO, which is also an Aetna network, but PPO has no gatekeeper and she could go to her cardiologist or whomever. Ms. Crean stated she can also choose to go with the Point of Service plan which is not an Aetna plan and has a different network. Commissioner Higgs inquired if the cost for PPO is $9.00 a month; with Mr. Abbate responding it is $9.00 additional over the HMO for individual employees. Commissioner Higgs inquired if she would have a choice of any physician under the 80/20 conditions; with Mr. Abbate responding yes. He stated there is a $10 fee if the physician is in the network, but if he is out of the network, it would be 80/20. He stated there is a $250 deductible for an individual, $500 for a family, and $2,000 out of pocket for an individual and $4,000 for a family, which are the maximum costs. Commissioner Higgs stated she would have a number of choices as an employee if she is dissatisfied with the network and could do something different; but as of today, given the evergreen contracts as well as those that have been renegotiated, the network is basically the same in number as it was. Ms. Crean stated it is actually better than the Fall of 1996; and noted evergreen means that the contracts are automatically renewed and not negotiated annually.

Rene Davis, District 1 appointee to the Insurance Benefits Committee, advised since he represents District 1, he has a responsibility to the employees who live in the Titusville area to make sure that whatever network the provider has will have sufficient physicians in North Brevard for access to good medical care; and he does not have a comfortable feeling that the network with Aetna will remain in the North Brevard area. He explained Parrish Medical Center's plans for a new structure, its financial situation, and its quality medical care and low rates as proof that quality care can be provided in the North Brevard area. Mr. Davis advised the Hospital Board rejected the Aetna contract, but not the others; so the question arises what singled out Aetna's contract. He mentioned statements made by Ms. Crean to the Committee on maintaining a network; and stated if Aetna is continually recontracting with physicians, putting other restrictions, closing referral offices, and limiting access for physician offices to make referrals, that is a problem.

Commissioner Scarborough advised of Mr. Davis' experience in the insurance business and that he also served on the Hospital Board.

Chuck Maxwell, District 2 appointee to the Insurance Benefits Committee, explained in detail the events that took place from the original RFP for insurance benefits to present, why the Committee recommended Aetna, what he has done as a member of the Committee, and the present concerns with a total collapse of the provider network. He described the functions and benefits of the Central Florida Business Medical Coalition, and noted the Committee recommended the County join the group, and Mr. Jenkins agreed. He recommended the Board go with an RFP so it will have a choice of going with an insurance company, direct contracting with a third-party administrator, or going with a doctors group for managed care; and that Human Resources continue negotiations with Aetna, and the County join the Coalition.

Commissioner Higgs suggested Mr. Maxwell explain his statement about total collapse as it may cause anxiety for employees who think they will not have a physician to go to, or retract it; and Mr. Maxwell responded that he contacted three hospitals and eight primary care doctors who told him they attempted to get firm contracts, and Aetna has not given them contracts. Commissioner Higgs requested Mr. Abbate give his perspective on the state of the network and hospitals; with Human Resources Director Frank Abbate responding Wuesthoff contract is new information; Health First will continue providing care; the network has recontracted providers and other providers that renew automatically; and Aetna's proposal package says it will not terminate those agreements through 1998, and will guarantee those providers, which is about the whole network that the County initially had in the Summer of 1997. Mr. Abbate advised one challenge is if a provider gives 60 days notice to terminate, he can do that, but Aetna has indicated it will continue to honor the contract.

Commissioner Voltz inquired about the insurance committee being involved with negotiations between Aetna and the doctors; with Mr. Abbate responding the committee members have no responsibility with the contractual relationship of Aetna and its providers.

Discussion ensued on Aetna's recontracting efforts, deadline given to providers and withdrawn, not receiving a report from Chapman Schewe and its responsibilities, discussions with Health First, network availability, guarantees, breach of contract, contents of Aetna's renewal offer, responsibilities of the Insurance Committee, negotiations between Aetna and doctors, possible loss of insurance vendors with frequent RFP's, concern about access to providers in North Brevard, guarantee of five hospitals in Aetna's network, list of doctors provided by Aetna, contracts with doctors, other doctors and chiropractors wanting to be a part of the network, network providers in other locations of the County not benefiting North Brevard, profits and losses, available choices, HMO network, and the window of opportunity for the RFP.

Chairman O'Brien inquired about legal recourse for lack of performance especially on the list of available doctors and/or an inability to communicate with Aetna; with County Attorney Scott Knox responding if the County can prove that Aetna is not performing under the terms of its contract, there is legal recourse; but that issue is open to debate because Aetna said it is a normal part of the process of providing managed health care to renew contracts and negotiate contracts with providers. He stated it is not a static situation because people leave and come in; and the only thing the Board may have is the five hospitals, but he is not sure there was a guarantee on that because it is not in the contract even though Aetna may have made that representation to the Committee.

Discussion continued on Aetna recontracting with doctors, the renewal offer guaranteeing the same network that the County currently has, substantial deviation from reasonable expectations, and the complexities of managed health care.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Manager to proceed with negotiations with Aetna and return to the Board with renewal options.

Chairman O'Brien inquired why is it necessary to negotiate renewal options when the County already has a contract with Aetna; with Mr. Abbate responding the advantage of looking at the renewal option is to provide more protection of the network's integrity for 1998.

Commissioner Cook advised of his interest in the 18% cap on the PPO; and inquired if Aetna will extend the deadline for negotiating its renewal offer.

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

DISCUSSION, RE: WELLNESS PROGRAMS

Commissioner Voltz advised of the substantial sum paid out through insurance for disorders, with approximately 50% relating to cardiac or cancer; and suggested programs for employees regarding good health, healthy dieting, exercise, etc. in an effort to decrease the cost.

Chairman O'Brien advised Health First is opening a wellness center on Merritt Island to teach people about diets and how to exercise properly, etc. Commissioner Voltz suggested a contract with Health First for employees and payroll deduction for payment. Commissioner Higgs suggested Mr. Abbate return with wellness incentives the Board can provide to employees in the coming year. Commissioner Cook suggested inquiring about discounts for employees to belong to fitness and wellness centers.

APPEAL HEARING, RE: TERMINATION OF AGREEMENT WITH TEMPORARY LIVING CENTER (TLC)

Chairman O'Brien advised the request is to conduct a hearing on termination of the Emergency Shelter Grant Agreement with Temporary Living Center which was tabled from the last meeting.

Commissioner Higgs inquired about the potential of the second contract contradicting the first, or the first contradicting the second; with County Attorney Scott Knox responding the first contract was superseded by the second contract, and both contracts have the same termination language, so it is not an issue.

Commissioner Cook advised the item was tabled to allow representatives from TLC to present additional information or proof of the contract that was mentioned, but apparently there is no one here at this time.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to terminate the Emergency Shelter Grant Agreement with Temporary Living Center.

Commissioner Cook inquired if this action has any relationship to the current issue with HUD; with Mr. Knox responding no, this is a means to decide whether or not to continue the grant on a parcel of property TLC no longer has a lease on so it cannot spend the money on that property. He stated there has been no evidence presented that they have another parcel for that expenditure; so the Board can take the money and make it available to some other group.

Commissioner Higgs inquired if any item was brought before the Board that approved TLC going forward with improvements to the County property other than the grant application; with Mr. Knox responding he is not sure as it may have come up in a different context than a person coming to the Board and requesting permission to improve the property. He noted they may have applied for building permits. Commissioner Higgs inquired of the County Manager if it came before the Board; with Mr. Jenkins responding outside of the grant, no.

Commissioner Voltz advised the Agenda item, page 4, Part III, Subsection B of the Contract states, "Said reimbursement shall be specifically allocated by the County to subsidize the enhancement and infrastructure renovation of the site location specifically utilized as a transitional housing facility"; and inquired if the money can be spent elsewhere; with Housing and Human Services Director Bernice Jackson responding yes, but the grant will need to be re-advertised and executed with some other agency that is providing emergency shelter for the homeless.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: STATE FUNDS FROM FLORIDA BOATING IMPROVEMENT PROGRAM

Chairman O'Brien advised of two checks from the State and a letter from Department of Environmental Protection explaining the unobligated funds allocated from prior fiscal years and the 1996 allocation to the County under the Florida Boating Improvement Program in the amounts of $150,108.02, and $257,659.38. He noted the funds are from boating registration fees and must be used for boat ramps, docks, restrooms, parking, access roads, signs, land acquisition, channel marking, and navigational lights or to remove vessels and floating structures deemed hazardous to public safety and health.

The Board acknowledged receipt of the checks which were given to the Clerk.

APPOINTMENT, RE: COMMITTEE TO STUDY SEBASTIAN INLET MANAGEMENT PLAN

Chairman O'Brien advised of a letter from Department of Environmental Protection Bureau of Beaches and Coastal Systems advising the Sebastian Inlet Commission agreed to proceed with review of its Inlet Management Plan and Sand Budget Study; and extending an invitation to the County to participate on the Committee. He stated the introductory meeting to discuss the development of the plan and duties of the Committee will be scheduled upon identification of the members. He stated Sebastian Inlet is in Commissioner Higgs' District; and inquired if she would like to serve on the Committee.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to appoint Commissioner Nancy Higgs or her designee to the Committee to review the Sebastian Inlet Management Plan and Sand Budget Study. Motion carried and ordered unanimously.

DISCUSSION, RE: AMENDED MANATEE PROTECTION PLAN

Commissioner Cook inquired when the amended Manatee Protection Plan will be available to the Board and public as there is a lot of confusion, particularly in Florida TODAY newspaper. Commissioner Voltz inquired if it has been taken to Tallahassee; with Chairman O'Brien responding no, he has not received it yet. Commissioner Cook suggested staff expedite that; and County Manager Tom Jenkins responded he will check on it.

REPORT, RE: MEETING IN TALLAHASSEE

Commissioner Voltz advised the Board discussed the meeting in Tallahassee having a conflict with a scheduled Board meeting; however, the Tallahassee meeting is on the 20th and not the 21st so there is no need to change the schedule.

Commissioner Higgs advised her directive was to represent the Board, and she has not decided whether or not it is appropriate to go to both meetings; however, she will attend the second meeting to represent the Board.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:04 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)