The Board of County Commissioners of Brevard County, Florida, met in regular session on September 16, 1997, at 5:01 p.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 Assistant County Attorney Shannon Wilson.

The Invocation was given by Commissioner Truman Scarborough, District 1.

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

PROCEDURE

Chairman O'Brien advised the audience of the proper procedure for addressing the Board.

DISCUSSION, RE: THE BOEING COMPANY

Commissioner Scarborough stated the Board received a letter from Mr. Dyer requesting a referendum on tax abatement; the County had such a referendum; and if it did not utilize the power that the people gave the Board by majority vote, it is malfeasance of office in that it has failed to do what they have mandated. He noted while the County has abated its taxes, it has not abated school taxes; the School Board will be obtaining an additional $2 million a year from the Boeing project; and it is something the people of Brevard County need to know. He noted the citizen indicates the County is spending funds to prepare the site; it is his understanding that the County is not going to subsidize the project, although Florida Statutes allow it to hand over $1.5 million for said project; it is assisting in the site preparation; it will be able to have a savings for the Company; and the County is responding the best it can under the laws that exist in Florida.

Commissioner Cook stated in the analysis by Property Appraiser Jim Ford, there may be $3.4 million that will be paid by the Boeing Company to the School Board; those taxes were not abated; there is also $173,000 a year that would be paid to the St. Johns River Water Management District which were not abated, $18,000 a year to the Florida Inland Navigation District, $90,000 a year to the Environmentally Endangered Lands Program, and $76,000 a year for the Beach and Riverfront Acquisition Program; and there has been a misconception of the Board's action. He advised the Board abated the County's side of the taxes, but not these taxes; and if the County was fortunate enough to get this particular Company into Brevard County, these are monies that will be paid to these agencies that would not otherwise had been paid. Commissioner Cook stated on the site preparation, all of those monies will be paid back through the MSBU program to the County; if the County is able to get 2,400 jobs at an average wage of $34,000 a year, the spinoffs from that are going to be enormous.

DISCUSSION, RE: THE BOEING COMPANY

Chairman O'Brien stated he responded to Mr. Dyer's letter stating that in 1994, the public went to referendum and approved the abatement of ad valorem taxes for firms which may want to locate in Brevard County or for those firms within the County which wish to expand; he must abide by that referendum, which is a strong message to the Board to do so; and that is the will of the people. He noted the land the Boeing Company will occupy is presently fallow; it will remain fallow if it does not select Brevard County; if it gives Boeing the tax abatement for 10 years, the County will not be losing millions of dollars; it will not be getting millions of dollars; and nothing will be lost; but 2,500 high-paying jobs gained and increased tax revenues, share of the sales tax, and all other funding that Brevard receives will occur. Chairman O'Brien stated the Boeing Company must produce a missile which is the cheapest in the world, and it is looking at the bottom line--cost.

REPORTS FROM SHERIFF WILLIAMS AND SCHOOL BOARD, RE: CURFEW ISSUES

Commissioner Cook stated the curfew issue is coming up on the Board's November 4, 1997 agenda; and requested comments from Sheriff Williams as it is important to receive his input before the Board considers the item. Chairman O'Brien requested there be a representative from the School Board present at the meeting to point out the problems, including tardiness and misbehavior of students.

DISCUSSION, RE: BOAT RAMPS FOR CLAMMING INDUSTRY

Chairman O'Brien stated he had a meeting at Port Canaveral with Representative Futch and Senator Bronson concerning boat ramps for the clamming industry; they could not find a resolution to problem; however, Port Canaveral offered 11 acres on the Barge Canal. He noted clammers have been able to collect $200,000; Representative Futch and Senator Bronson felt the $400,000 the County received through the Boat Improvement Fund should be used toward the park; and more boat ramps are needed, including in the south part of the County. He presented the plans with parking spaces which can also accommodate boat trailers, two ramps and restroom facilities on the Barge Canal; the Port came to the table with the property; the County cannot come to the table with an additional $800,000; it is a $1 million project; and he pointed out to Representative Futch and Senator Bronson that Volusia County has four State parks and a few small satellite parks, Indian River County has two major State parks and numerous small satellite parks, and Brevard County has one half of a State park. Chairman O'Brien stated he enticed them as much as possible to go back to Tallahassee to see what they can do to come to the table with additional monies needed to get a State park which they can maintain; it is mainly for the clammers which is a commercial industry; under the law, the County cannot just build a park that is supposed to be for a commercial industry; and it has to be for recreation. He noted the plan also includes a restaurant on the Point and tackle shops; unfortunately, the County cannot accommodate the clammers; but it cannot use its money on that and has to use the funds on recreational boating.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN HARBOR PINES SUBDIVISION - GLEN L. AND CINDY A. BRUNK

Chairman O'Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in Harbor Pines Subdivision as petitioned by Glen L. and Cindy A. Brunk.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easement in Harbor Pines Subdivision as petitioned by Glen L. and Cindy A. Brunk. Motion carried and ordered unanimously.

APPLICATION AND CERTIFICATION OF CREDENTIALS TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: STATE AID TO LIBRARIES

Commissioner Voltz stated she is not pleased that the State would require an affiliation with a private entity; she is not going to support the motion for that reason; and it does not have anything to do with libraries.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Application and Certification of Credentials to Florida Department of State, Division of Library and Information Services for State Aid to Libraries for FY 1997-98.

Commissioner Cook stated the County may need to discuss it with the Legislative Delegation; however, he is going to support the motion because the County needs the $914,000 in State Aid.

Commissioner Higgs stated there are a number of entities that certify and have the same kind of relationship as the American Library Association, American Medical Association, American Bar Association, etc; it is not out of the ordinary for the State to have this sort of relationship; and she supports the County getting the $900,000 from the State. Commissioner Voltz stated she wants the $900,000, but she does not like what is attached to it; and this is the first time she has run across any attachments from any State or federal funding as far as a particular individual private entity.

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

DISCUSSION, RE: EXCHANGE OF PROPERTIES WITH DR. AND MRS. WEBER

Chairman O'Brien stated the property is located by the Sheriff's Farm; when the land was platted years ago where the dike stands, County property ended up being on the Webers' property and vice versa; this is a method to correct the problem; he has spoken with Dr. Weber and reviewed the documentation; and he is satisfied with the exchange.

DISCUSSION, RE: EXCHANGE OF PROPERTIES WITH DR. AND MRS. WEBER

Commissioner Cook stated he is comfortable with the item; and it has been worked out with the Webers as far as the water requirement.

Beverly Sutphin, Public Works Department, requested a provision be put on the Deed to not allow additional water to be pumped onto the County property.

Motion by Commissioner Cook, to approve the private sale of 2.2 acres? adjacent to the eastern property line of County-owned property lying south of Pluckebaum Road and east of I-95 (Sheriff's Farm), and accepted 4.4 acres? lying southwest of the County property and southwest of I-95 as compensation for the private sale, with stipulation that no water be pumped on County property.

Commissioner Higgs inquired why does the County want to do this; stated the County's land on the east is dry; it abuts the Sheriff's Farm; and the land on the west side of I-95 that the County is going to get is all wet. Public Works Director Henry Minneboo stated the 4.4 acres on the west side can possibly be utilized by the County for mitigation in the future. Commissioner Higgs stated she does not understand why the County would do this; she does not see any advantage to the County; and unless someone can show her something different, she cannot support the motion.

Dr. Robert Weber explained the circumstances surrounding the issue and presented documentation to the Board. He stated if the property was utilized by the County, it would cost $25,000 to remove the trees before it could use the 2.2 acres.

Commissioner Higgs inquired what is the advantage to Brevard County to do this. County Manager Tom Jenkins responded currently the berm is not being used by the County; it is heavily wooded and has no particular value to it; by doing the swap, it is able to pick up some wetlands that Mr. Minneboo believes can be used in mitigation for another project; and that is the benefit. He noted the County is doing it at a request of the applicant specifically; and when it looked at it, it did not see where it was losing anything in the process, and would have the ability to use the land for mitigation in the future.

Commissioner Cook stated there is no loss to the County; it will correct something that was done in error many years ago; in the process, the County will pick up some wetlands it can use possibly for mitigation purposes; and he sees no downside to the County.

Commissioner Voltz seconded the motion.

DISCUSSION, RE: EXCHANGE OF PROPERTIES WITH DR. AND MRS. WEBER

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

DISCUSSION, RE: FUNDING PARTICIPATION IN LAKE WASHINGTON WEIR REPLACEMENT PROJECT

Jim French stated the Lake Washington weir needs replacing; it was originally constructed on a temporary basis in 1976; there is a design proposal from the St. Johns River Water Management District which is estimated for $1 million; it is more than prepared to pay $800,000; the City of Melbourne is going to pay $100,000; and there are no RFP's or final cost. He noted the District is coming to the Board requesting $100,000; the City is the major water supplier in Brevard County; it has had 20 years of not only taxing, but selling water and taking in the revenue; and suggested it could have put aside $10,000 or $20,000 a year for the weir project. He stated the District is also a taxing entity and taxes across six counties; its current budget is $188 million this year; it raises taxes when and if it needs it; and water quality and water control are its mandate. Mr. French stated the District should have been accumulating, controlling, managing and preparing to spend money on a project of this nature to help supply water in good quantities and good quality to the citizens throughout the six counties where it manages water; and there is not any reason why the County should take over even a small share of the responsibility that is completely owned by the City of Melbourne and is the responsibility of the District.

Maurice Sterling, representing St. Johns River Water Management District, stated the District does not spread its budget over six counties; it has a lot of water resources to manage; the weir has been in need of repair and replacement for several years; and it has corroded and deteriorated to a point where the water supply to the City of Melbourne and upper St. Johns project area is threatened, should the weir fail. He advised the District's Board has committed to increase the funding from its initial commitment of $500,000 to up to $800,000 for next fiscal year to begin the project, with a commitment from the City for another $100,000; and the District is requesting the County to consider participating in the weir replacement. He stated it provides a number of benefits to Brevard County, especially South Brevard County.

Commissioner Voltz inquired who is ultimately responsible for the weir; with Mr. Sterling responding the District owns it.

Commissioner Higgs inquired is the Department of Environmental Protection (DEP) participating in this project; with Mr. Sterling responding it regulates the water quality standards in that area for the river, but it is not in the business of constructing this kind of capital improvement, and it is strictly the District's mission.

DISCUSSION, RE: FUNDING PARTICIPATION IN LAKE WASHINGTON WEIR REPLACEMENT PROJECT

Chairman O'Brien stated Brevard County has many projects and has lowered its taxes for three years running; he has not seen the District make a true attempt to lower the amount of taxes it has taken out of the pockets of the people; and the County is able to accomplish its mission and charge less taxes.

Mr. Sterling stated the District's Board has been sensitive to the needs of the taxpayers; it has not increased its millage for the last four years; and it hopes the County will see the benefits associated with the project and vote affirmatively to be a partner in it and have a stake in the final design and construction.

Commissioner Cook stated he does not see the County having the resources at this time to participate with the District.

The Board took no action on funding participation by the County for Lake Washington Weir Replacement Project.

PERSONAL APPEARANCE - GLEN CASEL, FLORIDA DEPARTMENT OF CHILDREN & FAMILIES, ALCOHOL, DRUG & MENTAL HEALTH PROGRAM OFFICE, RE: DISTRICT 7 ALCOHOL, DRUG & MENTAL HEALTH FUNDING PRIORITIZATION REPORT FOR 1997-1998

Glen Casel, representing Florida Department of Children & Families, Alcohol, Drug & Mental Health Program Office, gave a brief presentation to the Board regarding the District 7 Alcohol, Drug & Mental Health Funding Prioritization Report for 1997-1998.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to acknowledge receipt of the District 7 Alcohol, Drug & Mental Health Funding Prioritization Report for 1997-1998 as presented by Glen Casel, representing the Florida Department of Children & Families, Alcohol, Drug & Mental Health Program Office. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - E. M. CUNNINGHAM, RE: COMMENCEMENT OF CODE ENFORCEMENT ACTION

Margaret Pullen stated her property is zoned RR-1; it needs to be zoned General Use (GU); there are 14 or so zoning classifications that are supposed to help the potential property owner to purchase property that will best accommodate their needs; however, the Zoning Codes are seldom enforced. She recommended zoning all County property GU which is land lacking specific zoning classifications; and requested the Board change her zoning to GU.

PERSONAL APPEARANCE - E. M. CUNNINGHAM, RE: COMMENCEMENT OF CODE ENFORCEMENT ACTION

Commissioner Higgs stated Ms. Pullen would need to apply through the regular zoning process for a zoning change; the Zoning Office would take her application; and the Board would consider all applications.

E. M. Cunningham, Secretary of Micco Homeowners Association, stated the Association stipulates to everything in the package, with one minor exception, on Page 1, Paragraph 2, where the issue was it was zoned GU; however, upon investigation, this particular property was zoned BU-2. He noted it should suffice for the purposes of the Code Enforcement action; and the Association is requesting a postponement of six months in the Code Enforcement procedure on behalf of the applicants and owner of this particular property.

Commissioner Higgs requested the County Manager get a full report on the actual zoning to be sure of the situation; and such report come back to the Board at the September 23, 1997 meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table consideration of abatement of Code Enforcement action against JoAnn Giddens of Micco to September 23, 1997 in order to receive clarification of the zoning classification on Ms. Giddens' property. Motion carried and ordered unanimously.

The meeting recessed at 6:44 p.m.

The meeting reconvened at 6:55 p.m.

PERSONAL APPEARANCE - CLARENCE ROWE, DIVERSITY SENSITIVITY TRAINING, RE: SHERIFF'S DEPARTMENT

Clarence Rowe stated he is requesting a better means of doing business; he is a firm believer that in-house training of this nature is like having the fox in the hen house; he has submitted resumes from different trainers to the Board; and requested the Board analyze what is happening across the world as far as diversity training. He noted he is asking that the people who have the expertise be permitted to provide that training; according to the letter he has from the Sheriff's Department, the FDLE only requires mandatory eight hours of training every four years; that is absurd; he cannot see anybody getting that type of training of dealing with the public every four years; and it is an on-going thing. He noted his main thrust here is to ensure that adequate and continuous training is provided, and the people are experts in their fields; and it keeps the Sheriff's Department from being in a position of intimidation. Mr. Rowe stated the Sheriff is doing an outstanding job; there is still room for improvement; and this is certainly one of those areas of improvement.

Jeff Houston stated he concurs with Mr. Rowe's comments.

PERSONAL APPEARANCE - CLARENCE ROWE, DIVERSITY SENSITIVITY TRAINING, RE: SHERIFF'S DEPARTMENT

Michael Fitzgerald stated several instances in the past few years have made it quite evident that much needs to be done to improve the relationship between the Brevard County Sheriff's Office and the minority community; the training programs now in place need to be augmented; and requested the Board allocate funds so that the Sheriff's Office can have such funds to augment their programs now for diversity training. He noted Brevard County's minority community exceeds 50,000 and is the fastest growing segment of the population; historically, law enforcement has been adverse to diversity training and is particularly adverse to any outside agency coming in to teach its own people; and newspapers and television accounts show acts of discrimination happening throughout the country. Mr. Fitzgerald requested the Board bring in an outside agency; and stated they are talking about education and training which is a good thing.

Samuel Lopez, President of United Third Bridge, Inc., stated he concurs with the comments made by Messrs. Rowe and Fitzgerald; and requested before any monies are allocated, that the Sheriff's Department set up a plan to diversify such Department with certified and qualified applicants. He noted his organization would also like to see a diversity training program for existing deputies and administration personnel to be conducted by a certified agency or company; and the Sheriff's Department also needs minority liaisons to deal with community issues affecting minorities.

Mike Abels, Director of Administrative Services for Sheriff's Office, stated the Sheriff would agree and has repeatedly stated that he would highly encourage meetings between the Sheriff, the Sheriff's senior administrative staff, and members of the community with respect to many of the programs and recruitment which the Sheriff has been putting into place since January, 1997; the Sheriff's Office is working very actively now with outside groups and is currently working to implement programs that are far above what Florida Department of Law Enforcement (FDLE) requires; and most of the comments that were mentioned, the Sheriff's Office would be in complete concurrence to. He noted the Sheriff and his staff are willing to meet with any members of the community to talk about the programs in place, as well as future programs that could be put in place to make the overall training program even more effective; and the Sheriff's Office has sufficient funds at this point to conduct the necessary training that the citizens present tonight have discussed.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve support of Sheriff Williams' efforts to enhance relations with the minority community and provide the Diversity Sensitivity Training Program as outlined. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DR. WALTER CERRATO, CHAIRMAN, RE: NORTH BREVARD COUNTY HOSPITAL DISTRICT BOARD

Dr. Walter Cerrato gave a brief presentation to the Board regarding the North Brevard County Hospital District Board. He provided copies of the summary of the affiliation process and the consultant recommendations for the proposed affiliation.

PERSONAL APPEARANCE - DR. WALTER CERRATO, CHAIRMAN, RE: NORTH BREVARD COUNTY HOSPITAL DISTRICT BOARD

Commissioner Cook inquired would it be appropriate to have a referendum with regard to a merger of this significance; with Dr. Cerrato responding a referendum may certainly be necessary. Dr. Cerrato stated at this point the enabling legislation will have to be changed, and it will depend on the elected Delegation and whether it is willing to change the enabling legislation with or without a referendum; and it is the District Board's opinion if a referendum is needed, it will certainly have one.

Commissioner Higgs inquired how would the merger allow preserving quality health care in North Brevard; with Dr. Cerrato responding it will provide the networking throughout Brevard County that is needed. Dr. Cerrato advised by providing a network affiliation it will provide the services necessary to keep the patients in North Brevard through managed care contracts; and an affiliation gives a ten-hospital, five-county networking system which makes Brevard County a very large player in the managed care contracting.

Commissioner Voltz stated the presentation was excellent and very informative; the Hospital District Board is on the right track and doing the right thing; and if necessary, she supports going to referendum.

Chairman O'Brien stated the public is not getting a fair financial shake back now from this kind of a deal. Dr. Cerrato stated the Constitution dictates that the public money and these type of facilities remain for health-related projects; it is not accessible to the public for other than health-related projects; there are no Supreme Court decisions to change this; and it is to be controlled by the District. He noted the District Board will remain intact for the purpose of governing this money; the District Board has two months of contract negotiating to be done before it goes further with or without the proposal; and it is entering into a new era.

The Board acknowledged the presentation of Dr. Walter Cerrato concerning the North Brevard County Hospital District Board, but took no action.

DISCUSSION, RE: OPM-USA V. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve issuance of a CUP for communications tower in accordance with the federal court order in the case of OPM-USA v. Brevard County; and direct the County Attorney to execute a Settlement Agreement dismissing all outstanding OPM-USA claims for damages in exchange for the County's agreement not to appeal the District Court's order. Motion carried and ordered unanimously.

PUBLIC COMMENT

Titusville Jaycees
Carl Hughes, representing The Greater Titusville Jaycees, stated volunteers are very hard to come by these days; the Titusville Jaycees do a lot of big projects, including the Christmas parade and 4th of July fireworks; and the Jaycees do good things. He noted he is present tonight to promote the Bench Project; the Board is very community-oriented; and requested it put its heart in the Bench Program and support same.

Al Barrett, representing the Jaycees, stated this past year he has personally spent 1,000 hours of community service in and around the North Brevard; it has saved the community quite a bit of dollars; he has been involved with Stop Gap; the Jaycees do this from the heart; and encouraged the Board to do the same. He noted the Board has provided continued support to the Jaycees; and expressed its appreciation.

Durell Tootle, Jaycee Public Seating Project Coordinator, stated the Jaycees have had an Agreement with Brevard County since 1977; the Jaycees had been providing seating prior to that for a long time; and requested the Board acknowledge and get recognition of additional sponsors for this project, including the Melbourne, Cocoa, Port St. John, and Titusville Jaycees, Melbourne Area Junior Women's Club, and the Big Brothers and Big Sisters of Brevard County. He noted the Jaycees would also like the issuance of permits it has requested in relationship to the transit stops; and the Jaycees present tonight wanted to explain what they are doing in the various areas of the community.

Tom Coyle, 73rd President of Florida Jaycees, stated he has been a Jaycee for 13 years; it has been an incredible experience; the Jaycees are big; and it does not receive the press it deserves. He noted his theme as state president this year is "Put Your Heart In It"; they are all one big team trying to achieve the same goal which is to make the communities a better place to live; and requested the Board's support.

Andrew Moos, Statewide Coordinator for the Jaycees Public Seating Program, stated there has been a recognized need for the Program to grow; for the past 15 to 20 years, his predecessors have been asking the County for permits; not once has it been granted to the Jaycees; and if there is a need of 100 additional benches, the Jaycees are ready Monday morning to come in with truck loads of benches to place them at the bus stops where required. He requested the Board's cooperation for the Program; and stated this is a service that is of great need to the County.

Chairman O'Brien stated this issue will be on the Board's agenda in October or November, 1997.

PUBLIC COMMENT

ComeUNITY, Inc.
Earthy Spaulding stated ComeUNITY, Inc. is a Countywide, community-based, not-for-profit prevention organization; it began in 1994 as a group of concerned parents and adults; and it was incorporated in April, 1996 and received its IRS status as a tax-exempt organization in February, 1997. She explained the mission and purpose of ComeUNITY, Inc. She stated the Board of Directors expresses appreciation to Commissioner Higgs for remembering at the September 9, 1997 Board meeting the thoughtful and diligent job the CBO Advisory Committee makes in coming to its funding recommendations.

Commissioner Higgs stated the Board has reserved excess funds in its budget; and ComeUNITY, Inc. may request an additional allocation at a later date.

North Brevard County Hospital District Board

James French stated the Brevard Legislative Delegation has a series of meetings coming up beginning in October, 1997; the County should not be afraid to go to the people; the Legislature could easily contain a variety of options which would allow a referendum on several possible uses regarding the North Brevard County Hospital District funds, whether restricted to the health care field or not; and encouraged everyone who wants to provide input to attend the Brevard Legislative Delegation meeting in their area and make their views known.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 8:37 p.m.

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

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