The Board of County Commissioners of Brevard County, Florida, met in regular session on January 13, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Walter Schilling III, Hope Episcopal Church, Melbourne, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of the December 9, 1997 Regular Meeting, and October 23, 1997 and November 20, 1997 Zoning Meetings. Motion carried and ordered unanimously.

INTRODUCTION, RE: VALKARIA AIRPORT MANAGER

County Manager Tom Jenkins introduced Bill Plutt who is the new Valkaria Airport Manager.

ANNOUNCEMENT, RE: CHAMPION BASKETBALL TEAMS

Commissioner O'Brien announced the Cocoa Beach Minutemen Girls Basketball Team won its game against the Rockledge Raiders and is the top ranked Class AAA girls team. He stated the team had a 20-0 season, maintained a 3.6 grade point average, and will be going on to the State championship.

Commissioner O'Brien announced the Cocoa Tigers won its game against the Satellite Beach Scorpions and is now the number 1 Class AAAA boys basketball team. He advised of the game statistics and the accomplishments of individual players. He congratulated both teams for their sportsmanship and team spirit; and stated the Board is proud to have such good young men and women competing so hard and doing so well.

REQUEST, RE: RESPONSE FROM SUPERVISOR OF ELECTIONS REGARDING USING SHERIFF DEPUTIES FOR BALLOT ESCORTS

Commissioner Cook stated on November 18, 1997, the Board requested a response from the Supervisor of Elections regarding his decision to no longer use deputies to escort ballots to the voting center; he is not aware of any response; and requested the County Manager check into the matter.

DISCUSSION, RE: SCRUB JAY WORKSHOP

Commissioner Cook stated a scrub jay workshop is scheduled for March 12, 1998; and inquired if there is anything new to be discussed, and is the workshop necessary.

Commissioner Scarborough stated it is necessary to define why the Board is meeting; and suggested the County Manager bring the issue back at the next meeting.

Discussion ensued on whether to hold the scrub jay workshop, whether there are issues to be addressed, defining the reasons for the workshop, and placing the issue on the agenda for decision.

The Board reached consensus to place the issue on a future Agenda.

PERMISSION TO TRAVEL, RE: LEGISLATIVE WORKSHOP

Chairman Voltz requested permission for she and her Special Assistant Dot Estes to travel to Tallahassee on February 5, 1998 for a Legislative Workshop and to try to get more money for the Juvenile Assessment Center.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission for Commissioner Voltz and Special Assistant Dot Estes to travel to Tallahassee on February 5, 1998 for a Legislative Workshop. Motion carried and ordered unanimously.

DISCUSSION, RE: SHORE PROTECTION SEMINAR

Chairman Voltz suggested someone go to Rethinking the Role of Structures in Shore Protection Seminar in St. Petersburg on February 4, 5, and 6, 1998.

Commissioner O'Brien stated it is held every year; he attended one or two in the past; and suggested Mark Crosley be assigned to attend.

Environmental Services Administrator Stephen Peffer stated it can be scheduled.

DISCUSSION, RE: TEMPORARY CLERK'S OFFICE AT MELBOURNE COURTHOUSE

Chairman Voltz stated she got a letter from the Clerk of Courts concerning the Melbourne Courthouse being temporarily closed for four months; expressed concern about the inconvenience to the public; and suggested a temporary office be opened in the vicinity.

County Manager Tom Jenkins stated the County may have a modular that could be used for that purpose.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Manager to request the Clerk of the Circuit and County Courts consider using a temporary facility in the vicinity of the Melbourne Courthouse so that the public does not have to travel to Titusville or Viera. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING HARRIET GOLDING

Commissioner Cook read aloud a resolution commending and expressing appreciation to Harriet Golding for her donation of property for the Suntree/Viera Public Library.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution commending and honoring Harriet Golding for her donation of 14.56 acres of land for the new park area which will also include the Suntree/Viera Public Library. Motion carried and ordered unanimously. (See page for Resolution No. 98-01.)

Commissioner Cook presented the Resolution and flowers to Ms. Golding. He advised Teresa Rosenkranz and Maria Katz of the Suntree/Viera Library Board are also present; and expressed appreciation to the Friends of the Suntree/Viera Library. He noted the donation of Ms. Golding is valued in excess of $550,000.

ACKNOWLEDGE RECEIPT, RE: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PLANT OPERATIONS EXCELLENCE AWARD FOR NORTH BREVARD WASTEWATER TREATMENT PLANT

The Board acknowledged receipt of the Florida Department of Environmental Protection Plant Operations Excellence Award for the North Brevard Wastewater Treatment Plant.

Assistant Water Resources Director Scott Linkenhoker advised the award is given by the State of Florida; and the Mims Wastewater Treatment Plant won the 1-5MGD Treatment Plant for Operations category and Maintenance Excellence. He commended Chief Plant Operator Mark Farias, Operators Jerry Hensley and John Prentice, and Maintenance Mechanic Jim Lynk; and noted this is the second Statewide award the facility has won in the last three years.

RESOLUTION, RE: PROCLAIMING WEEK OF THE WORKING PARENT

Chairman Voltz read aloud a resolution proclaiming January 20 through 24, 1998 as the Week of the Working Parent.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming January 20 through 24, 1998 the Week of the Working Parent. Motion carried and ordered unanimously. (See page for Resolution No. 98-02.)

Barbara Moore expressed appreciation to the Board on behalf of working parents; and advised of the benefits derived from grants. Chairman Voltz presented the Resolution to Ms. Moore.

FINAL PLAT APPROVAL, RE: VIERA NORTH PUD, TRACT L, PHASE I, UNIT 2

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Viera North PUD, Tract L, Phase I, Unit 2, subject to minor changes if necessary and receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CRANE CREEK, UNIT 2, PHASE 3

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Crane Creek, Unit 2, Phase 3, subject to minor changes if necessary and receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: PARCEL E, AQUARINA PUD, STAGE 4, TRACT I

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant preliminary plat approval for Parcel E, Aquarina PUD, Stage 4, Tract I, subject to compliance with review agencies and all other applicable Policies, Ordinances, laws and regulations, and with approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: PARCEL H, AQUARINA PUD, STAGE 4, TRACT II, AND TRACT A, PHASE I

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant preliminary plat approval for Parcel H, Aquarina PUD, Stage 4, Tract II, and Tract A, Phase I, subject to compliance with review agencies and all other applicable Policies, Ordinances, laws and regulations, and with approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH RICHARD JOHNSON, RE: INFRASTRUCTURE IMPROVEMENTS FOR SUNTREE FOREST HOMES, UNIT II

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Contract with Richard Johnson guaranteeing infrastructure improvements in Suntree Forest Homes, Unit II. Motion carried and ordered unanimously. (See page for Contract.)

AGREEMENT WITH ARNOLD AND DIANE FICK, RE: ISSUANCE OF BUILDING PERMIT OFF EXISTING RIGHT-OF-WAY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Arnold and Diane Fick for a building permit off an existing right-of-way constructed to the standards of Unpaved Road Ordinance No. 96-25. Motion carried and ordered unanimously.

AGREEMENTS WITH GEOFFREY G. STRANGE AND JOHN L. SOILEAU, RE: UNLICENSED CONTRACTOR SPECIAL MASTERS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreements with Geoffrey Strange as Primary Special Master and John L. Soileau as Alternate Special Master to hear cases regarding unlicensed contractors who request administrative hearings. Motion carried and ordered unanimously.

WAIVER REQUEST FOR RIGHT-OF-WAY WIDTH REDUCTION, RE: ROGER AND MARILYN DOBSON

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to waive right-of-way width, and approve reduction of the width of a right-of-way for a proposed subdivision roadway as requested by Roger and Marilyn Dobson. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ADOPTING 1997 EDITIONS OF STANDARD BUILDING, GAS, AND MECHANICAL CODES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize advertisement of a public hearing to consider ordinance adopting the 1997 Editions of the Standard Building Code, Standard Gas Code and the Standard Mechanical Code amending the Brevard County Code, Chapter 22, Building and Building Regulations. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD METROPOLITAN PLANNING ORGANIZATION, RE: STAFF SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Confirmation Agreement with Brevard Metropolitan Planning Organization for staff services. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: CITY OF MELBOURNE ANNEXATION ORDINANCES NOS. 97-61, 97-62, AND 97-63

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinances Nos. 97-61, 97-62 and 97-63 from the City of Melbourne concerning voluntary annexation of real properties. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: INDIAN RIVER LAGOON WATER QUALITY MONITORING NETWORK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute the Second Renewal Agreement with St. Johns River Water Management District for the Indian River Lagoon Water Quality Monitoring Network. Motion carried and ordered unanimously.

JOINT USE AGREEMENT WITH SCHOOL BOARD, RE: LOCATING MODULAR BUILDING FOR LIBRARY ON PINEWOOD ELEMENTARY SCHOOL SITE IN MIMS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Joint Use Agreement with School Board for location of a modular building on the Pinewood Elementary School site in Mims for use as the Mims/Scottsmoor Public Library. Motion carried and ordered unanimously.

AGREEMENT WITH BRIEL, RHAME, POYNTER, AND HOUSER ARCHITECTS ENGINEERS, INC., RE: DRAINAGE STUDY FOR HARDEEVILLE AREA AND DESIGN SERVICES FOR STORMWATER IMPROVEMENT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Task Order #92-002-12 to Agreement with Briel, Rhame, Poynter and Houser Architects Engineers, Inc. for engineering services associated with a drainage study for the Hardeeville area and design services for stormwater improvements. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH AEDILE GENERAL CONTRACTORS AND RELEASE OF RETAINAGE, RE: JOHNSON JR. HIGH SCHOOL DRAINAGE IMPROVEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Aedile General Contractors increasing contract price by $1,575.00 for Johnson Jr. High School drainage improvements; and authorize release of retainage for the completed project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH PAVCO CONSTRUCTION, INC. RE: CONSTRUCTION OF COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with PAVCO Construction, Inc. for construction of Cocoa Beach Public Library, decreasing contract price by $775.56 and increasing time by 60 days. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH PAVCO CONSTRUCTION, INC., RE: CONSTRUCTION OF EAU GALLIE PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with PAVCO Construction, Inc. of Eau Gallie Public Library, increasing contract price by $5,658.50 and time by 60 days. Motion carried and ordered unanimously.

DEDUCTIVE CHANGE ORDER NO. 3 TO AGREEMENT WITH MACH III DESIGN/BUILD, INC., RE: BREVARD COUNTY GOVERNMENT CENTER BUILDING D RENOVATIONS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 3 to Agreement with Mach III Design/Build, Inc. for renovations of Building D at the Brevard County Government Center, reducing contract price by $4,954.97 for direct purchases and sales tax savings. Motion carried and ordered unanimously.

CHANGE ORDER TO TASK ORDER #92-005-08 WITH STOTTLER STAGG & ASSOCIATES, RE: STORMWATER ENGINEERING SERVICES FOR PORT ST. JOHN PROJECT B

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order to Task Order No.92-005-08 with Stottler Stagg & Associates to provide stormwater engineering services for a regional detention pond in Port St. John Stormwater Project B. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-8-06 AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, RE: COUNTYWIDE COURIER SERVICE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-3-8-06, Countywide Courier Service, to Brevard Same Day Delivery at an estimated $64,950 annually; and authorize the Chairman to execute Agreement with the proposer for the service. Motion carried and ordered unanimously.

ACCEPT BIDS AND AWARD CONTRACT TO LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, RE: BRIDGE REPLACEMENT ON BLOUNTS RIDGE ROAD

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to take bids for construction of a bridge on Blounts Ridge Road, and award the contract to the lowest responsive and responsible bidder. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR RANCHWOOD COURT WATER MSBU PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to be held on February 3, 1998 to consider accepting improvements and adopting the final assessment roll for the Ranchwood Court Water Municipal Service Benefit Unit project. Motion carried and ordered unanimously.

AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC., RE: EMERGENCY SHELTER GRANT FUNDING FOR ASSISTANCE TO HOMELESS VETERANS AND THEIR FAMILIES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve award of Emergency Shelters Grant funding of $37,458 to Vietnam Veterans of Brevard, Inc.; and authorize the Chairman to execute Agreement with the Agency for provision of assistance to homeless veterans and their families. Motion carried and ordered unanimously.

TRANSFER OF FUNDS, RE: DR. MARTIN LUTHER KING, JR. LIBRARY CONSTRUCTION PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the transfer of $127,957 in additional funding required for the Dr. Martin Luther King, Jr. Library Construction Project from the Furniture and Equipment Budget of the project and the Library Service Operating Fund Reserve for Capital Outlay. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BUDGET CHANGE REQUEST, RE: 1997 LEGISLATIVE LINE ITEM GRANT FOR DEVELOPMENT OF FAY LAKE WILDERNESS PARK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Department of Environmental Protection (DEP) for a Legislative Line Item Grant of $234,500 for Fay Lake Wilderness Park; and approve Budget Change Request establishing the budget for development of the Park. Motion carried and ordered unanimously.

USE AGREEMENT WITH DARRELL R. LEGG, RE: USE OF GO-KART AREA AT OFF-ROAD VEHICLE PARK IN SHARPES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Darrell R. Legg for use of the go-kart area at the Off-Road Vehicle Park from January 6, 1998 through January 5, 1999 at $100 per month. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH BREVARD REGIONAL ARTS GROUP, INC., RE: RENTAL OF OFFICE SPACE FOR SOUTH AREA PARKS AND RECREATION DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Lease Agreement with Brevard Regional Arts Group for the South Area Parks Operations Office, from May 18, 1997 through May 17, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: ANNEXATION OF PARRISH PARK INTO CITY OF TITUSVILLE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the annexation of Parrish Park into the City of Titusville, with the following conditions: (1) the City not assume any responsibility for the swing bridge maintenance, including the bridge tender on Max Brewer Parkway, currently provided by the County; (2) the City not assume responsibility for Max Brewer Parkway east of the Indian River, currently provided by the County; (3) maintenance of Parrish Park continue as a County responsibility; and (4) Parks and Recreation Department continue to maintain the water line which serves the Park and the Marine Patrol facility next to the Park. Motion carried and ordered unanimously.

AUTHORIZE ADVERTISEMENT OF REQUEST FOR PROPOSALS, ESTABLISH SELECTION COMMITTEE, AND AUTHORIZE NEGOTIATIONS, RE: CONCESSION SERVICES AT THE HABITAT, SAVANNAHS, AND SPESSARD HOLLAND GOLF COURSES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize advertisement for request for proposals for qualified vendors to operate concessions at The Habitat, Savannahs, and Spessard Holland Golf Courses; appoint Gene Burress, Alex Romanoff, Gregory Sanders, Bryan Reed, and Marsha Cantrell to the Selection Committee; and authorize the Selection Committee to negotiate for the services. Motion carried and ordered unanimously.

APPROVAL, RE: NEGOTIATED SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF SUMNER PIERCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the negotiated settlement of Workers' Compensation claim of Sumner Pierce, obtained by Risk Management through Alexsis and legal counsel, at $125,000 plus attorney's fees of $13,250. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: AMENDING SHERIFF'S OFFICE FY 1997-98 ADOPTED BUDGET

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Budget Change Request allocating $83,255 from the Sheriff's Office FY 1996-97 balance forward for completion of the Detention Center's Laundry and Warehouse Facility; approve transfer of two Detention Center employees with compensation and benefit funds to Law Enforcement programs; and record the 1998 Byrne Grant of $51,240, Local Law Enforcement Block Grant of $252,927, and Florida Inland Navigation District Grant of $61,542. Motion carried and ordered unanimously.

APPROVAL, RE: SETTLEMENT AGREEMENT IN BREVARD COUNTY V. FOUNTAIN CASE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve settlement agreement in the amount of $228,000 in the case of Brevard County v. Fountain. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: CHILDREN'S SERVICES COUNCIL ANNUAL REPORT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of the Children's Services Council Annual Report pursuant to Ordinance No. 90-41. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL REPORT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of the Florida Contraband Forfeiture Semi-annual Report for the period April 1 through September 30, 1997. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint/reappoint the following:

Access to Government Information Committee
Del Wiese and Nick White, with terms expiring December 31, 1998.

Affordable Housing Council
Ed Clark and George (Ed) Palmer, with terms expiring December 31, 1998.

Animal Control Dangerous Dog Hearing Council
Dr. Stephen Grigsby, Dr. Linda Madyda as alternate, and Angie Weaver as alternate, with terms expiring December 31, 1998.

Art in Public Places Advisory Committee
Barbara Arnoult and Cherie Thompson, with terms expiring December 31, 1998.

Brevard County Commission on the Status of Women
Jewell Collins, Paulette S. Davidson, and Jackie Fleener, with terms expiring December 31, 1998.

Building and Construction Advisory Committee
David Wickham, with term expiring December 31, 1998.

Central Brevard Library and Reference Center Advisory Board
Janet Williams, with term expiring December 31, 1998.

Citizen Budget Review Committee
Dale Young, with term expiring December 31, 1998.

Cocoa West Community Center Advisory Committee
Alma Battle, Izeal Battle, Reverend Melvin Chatman, Jimmy Jackson, Luwani James, and Betty Wells, with terms expiring December 31, 1998.

Community Based Organization Funding Advisory Board
Reverend Edward Buckner and Jim French, with terms expiring December 31, 1998.

Contractors Licensing Board
Mike Corby, Bud Crisafulli, Robert Hicks, Hank Lemerise, Franklin T. Livingston, Lena Nordell, Daniel Petro, and John Robinson, with terms expiring December 31, 1998.

Country Acres Advisory Board
Margaret Lewis, with term expiring December 31, 1998.

Economic Development Commission of East Central Florida
Dan Adovasio and Tom Wasdin, with terms expiring December 31, 1998.

Employee Benefits Advisory Committee
Shelly Gardner, with term expiring December 31, 1998.

Environmentally Endangered Lands Procedure Committee
Hank Hurley and Jonnie Swan, with terms expiring December 31, 1998.

Health Facilities Committee
Bob Carman, with term expiring January 13, 2002.

Historical Commission
Ed Bradford, Ada Parrish, Orlando Ramirez, and Cherie Thompson, with terms expiring December 31, 1998.

Library Board
Carol Hurst and Deanna Reiter, with terms expiring December 31, 1998.

Medical Services Review Committee
Robert Cunningham, with term expiring December 31, 1998.

Metropolitan Planning Organization Citizens Advisory Committee
Clarence H. Mills and Chuck Striffler, with terms expiring December 31, 1998.

Mims/Scottsmoor Public Library Advisory Board
Durwood O. (Doc) Clingenpeel, Margaret (Peggy) Duarte Reichle, J. T. Shealy, William O. Sinns, Jr., and Loretta S. Whitten, with terms expiring December 31, 1998.

Parks and Recreation Department South Service Sector Advisory Board
Clark Click, Joanne Corby, and Mary Ann Kise, with terms expiring December 31, 1998.

Planning and Zoning Board
John Daignault, Jim Mixson as alternate, Aneta Ott, Roy Pence, Michael Selig as alternate, and George Smolen, with terms expiring December 31, 1998.

Public Golf Course Advisory Board
Lou Howard, with term expiring December 31, 1998.

Rotary Park at Suntree Community Committee
Daniel Frazee, Neil Jackson, Gerald Jagrowski, Karen Kirkland, Mike Malone, Charles Manning, Brian Murtha, Audrey Nassen, James Peterman, Warren Price, Harrison Rhame, Allen Scales, Bruce Stevenson, and James Williamson, with terms expiring December 31, 1998.

Surface Water Improvement Advisory Board Andy Tucker, with term expiring December 31, 1998.

Titusville-Cocoa Airport Authority
Jim Mizell, with term expiring January 13, 2001.

Veterans Memorial Park Advisory Board
Clement Schmitt and Adam Flores, with terms expiring December 31, 1998.

Zoning Board of Adjustment
Helen Filkins, Richard Gramling as alternate, and Timothy Jelus, with terms expiring December 31, 1998.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Bills and Budget Transfers as submitted. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING DONALD A. NOHRR

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution commending Donald A. Nohrr in recognition of his outstanding service to the community as 1997 Chairman of the Melbourne/Palm Bay Chamber of Commerce. Motion carried and ordered unanimously.

AWARD OF BID #B-1-8-38 AND AGREEMENT WITH COSTELLO AND SONS CORPORATION, RE: CONSTRUCTION OF WEST MELBOURNE PUBLIC LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to award Bid #B-1-8-38, Construction of West Melbourne Public Library, to Costello and Sons Corporation at $1,574,000; and execute Agreement with the contractor for the project.

Chairman Voltz stated there are four library projects on the Agenda; and inquired why the Martin Luther King Public Library is the least expensive. Facilities Construction Director Sam Stanton stated there is a new contractor on board which helps with the pricing. County Manager Tom Jenkins advised it is a neighborhood library rather than a regional facility and so it is smaller.

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

APPROVAL, RE: EMERGENCY MEDICAL SERVICES GOALS, OBJECTIVES, AND IMPLEMENTATION PLAN

Public Safety Director Jack Parker advised the EMS Planning Committee would like the Board to clarify whether it wants a single system brought to the Board's attention or options with pros and cons.

Dan Rocque, representing Space Coast Fire Chiefs Association, expressed support for the EMS Planning Committee forum; and stated the Association will actively participate in all factions of the forum to insure a quality product. He stated a good system is in place, and the endeavor is to improve upon it.

Jeff Gilliard, Chairman of the EMS Planning Committee, advised of the Board-directed mission of the Committee; stated the Committee and EMS Advisory Council has developed goals, objectives and an implementation plan which is before the Board today; and requested approval of the goals and processes which have the support of the EMS community. He stated the draft Plan is estimated to be completed in October, 1998; it will go to the EMS Advisory Council on October 19, 1998, and come back to the EMS Planning Committee by November 20, 1998 for changes requested by the Council; and the final proposed plan will be approved by the EMS Advisory Council by December 21, 1998, and be submitted to the Board in January, 1999.

Chairman Voltz inquired when the Harbor City and Coastal contracts will expire; with Mr. Gilliard responding in 1999.

Commissioner Cook stated the outline is good; and expressed support for options to come to the Board with associated costs. He requested the Committee also look at the current system which works well.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, direct the EMS Planning Committee/EMS Advisory Council to report back to the Board with various options and associated costs, including the current system. Motion carried and ordered unanimously.

Commissioner Cook stated goal 4 is open to interpretation; and he is not sure it can be addressed because the Board puts the funds where the need is, which may not always seem equitable.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept the Emergency Medical Services Goals and Objectives, and send them back to the EMS Advisory Committee. Motion carried and ordered unanimously.

AUTHORIZE ADVERTISEMENT OF BIDS AND AWARD TO LOWEST RESPONSIVE BIDDER, RE: CONSTRUCTION OF WATER SUPPLY WELLS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize advertisement of bids and award to the lowest responsive bidder, for the construction of four water supply wells. Motion carried and ordered unanimously.

AUTHORIZE ADVERTISEMENT OF BIDS AND AWARD TO LOWEST RESPONSIVE BIDDER, RE: CONSTRUCTION OF WATER SYSTEM INFRASTRUCTURE IMPROVEMENTS FOR NORTH BREVARD WATER SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize advertisement of bids and award to lowest responsive bidder for construction of water system infrastructure improvements for North Brevard Water System. Motion carried and ordered unanimously.

Commissioner O'Brien stated the combined costs for the wells and the infrastructure improvements are over $1 million; and asked for details about the project. He inquired if part of the problem is hitting the salt water bubble; with Assistant Water Resources Director Scott Linkenhoker responding the problem is the wells are being stressed, and in order to stop it, more wells need to be added to the system. Commissioner O'Brien inquired what is meant by stressing the wells. Mr. Linkenhoker responded more water is being pulled from them over a period of time than is practical, and the County needs to keep up with the demand, put in a system that will not stress the wells, and rotate them around. He explained how the wells are handled currently. Commissioner O'Brien inquired if this was the plan; with Mr. Linkenhoker responding the plan was always to add up to 12 additional wells in that area. Mr. Linkenhoker advised of problems in contracting with Cougar Ridge.

Commissioner Scarborough stated this is an enterprise fund; and advised of possible water shortages. He noted there are contracting problems with Cougar Ridge, and the requested action will allow the County to maintain its responsibility to the consumers.

Commissioner O'Brien inquired if Titusville has connected with North Brevard; with Mr. Linkenhoker responding that is part of the project; and explained how it will tie in. Commissioner O'Brien stated the plan is to connect all the water systems Countywide so if one fails, there will still be an available water supply.

RESOLUTION AND CONCURRENCE OF APPOINTMENT, RE: HEIDAR HESHMATI, M.D., BREVARD COUNTY PUBLIC HEALTH DEPARTMENT DIRECTOR

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution confirming the appointment of Dr. Heidar Heshmati as the Brevard County Public Health Department Director. Motion carried and ordered unanimously.

Chairman Voltz read aloud the Resolution, and presented it to Dr. Heshmati.

Dr. Heshmati expressed appreciation to the Board for its trust and support; and stated the County has one of the best health departments in the State.

Commissioner O'Brien advised of Dr. Heshmati's role during the encephalitis scare, which allowed the County to lower its costs for mosquito spraying. He stated Dr. Heshmati is a good voice for health care for the poor; Brevard County is the only county operating a health department independent of the State; and that is why it has the best health department in the State. Commissioner Cook echoed Commissioner O'Brien's comments.

REJECTION OF BID #B-2-7-91 AND PERMISSION TO REBID WITH REVISED SPECIFICATIONS, RE: LAKE WASHINGTON PARK IMPROVEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to reject the bid from Speegle Construction for Bid #B-2-7-91, Lake Washington Park Improvements; and grant permission to rebid the project with revised specifications. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOMMENDING HYDRO ALUMINUM HYCOT A.S. BE APPROVED AS STATE QUALIFIED TARGET INDUSTRY FOR TAX REFUND PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution recommending Hydro Aluminum Hycot a.s. be approved as a Qualified Target Industry business. Motion carried and ordered unanimously.

DISCUSSION AND APPOINTMENT, RE: NORTH BREVARD COUNTY HOSPITAL DISTRICT BOARD MEMBERS

Bill Hurst advised he has been actively campaigning for appointment to the North Brevard County Hospital District Board of Directors; and stated he cares strongly about what happens to the Hospital and its employees. He stated serving on the Board of Directors is a full-time job; and last year he drove over 2,000 miles, and attended more than 70 meetings. He stated it has been a hard year, but he would like to see the job through.

Ida Blickley stated Marilyn Jones made all the motions at the meeting on December 17, 1997 at Astronaut High School to give away the Hospital to HealthFirst; and it was a $2 million deal. She stated she blames Ms. Jones partially for wasting $1 million on the fiasco; and the majority of the money went out of the County. Ms. Blickley read aloud from Florida TODAY article dated March 26, 1996 concerning Ms. Jones' position with the School Board and financial discrepancies; and stated Ms. Jones needs to put more effort into her job rather than worrying about being on public boards. She stated the mess in the North Brevard area has hurt the credibility of the Hospital.

Bea Polk read aloud from a transcript of the December 17, 1997 Hospital Board meeting concerning term limits; and stated Marilyn Jones has been on the North Brevard County Hospital District Board for eight years. She commented on Ms. Jones' appointment, service, and lack of accountability to the public. She stated it is time to get new Hospital Board members who care about what the people want; $1 million is a lot of money; and it is a disgrace what has happened to the Hospital.

Discussion ensued on voting methods.

Marilyn Jones stated she is responsible for a large budget at the School Board; and some of the comments which were made are inaccurate. She stated she believes in an affiliation for the Hospital to insure there is a viable hospital ten years from now; however, while it is a major issue, there are many other important issues to be considered.

Discussion resumed on the voting method; with the Board reaching consensus for each Commissioner to provide four names unweighted.

The meeting recessed at 10:05 a.m. and reconvened at 10:18 a.m.

Chairman Voltz announced Dr. J. William Johnson was the first choice and William H. Hurst was the second choice.

Commissioner O'Brien stated the appointment of board members to a taxing district should be made by those who are paying the taxes; and he feels awkward voting for the appointees to the North Brevard County Hospital District Board, but it is his duty to do so. He stated all the applicants were well qualified, community spirited, and had excellent credentials; and it was difficult picking two from the nine. He stated the health consuming public is not comfortable reading about enormous sums of money by non-profit organizations; administrators of non-urban hospitals receive salaries of more than $200,000; merger consultants get $335,000 upfront; and this was the most expensive non-merger he ever heard about. He stated the taxpayers deserve better than using the non-profit institutions as leverage for profit-making schemes to enrich a very few; and he is disappointed that Parrish Medical Center ignored the sentiments of its medical staff as well as the North Brevard medical community. He advised the organized health care system is overriding and dictating to the medical staff, trying to mold them into a fast buck assembly line. He explained his support of Dr. Johnson and Mr. Hurst.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Dr. J. William Johnson as the #4 appointment and William H. Hurst as the #8 appointment to the North Brevard County Hospital District Board. Motion carried and ordered unanimously.

Commissioner Scarborough stated Attorney Harry Jones advised him Dr. Walter Cerrato has indicated he will resign; and upon receipt of the resignation, he would like to direct staff to advertise for applicants.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff, upon receipt of the official resignation of Dr. Cerrato, to proceed with advertising for applicants for appointment to the North Brevard County Hospital Board.

Chairman Voltz suggested using the balance of the people on the list rather than readvertising. Commissioner Scarborough stated individuals have indicated desire to apply; and the Board would be criticized if it did not open up the process.

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

PERSONAL APPEARANCE OF NELLY STRICKLAND, RE: PARRISH MEDICAL CENTER

Nelly Strickland advised of the costs for the non-merger. She stated she has requested Rod Baker, CEO of Parrish Medical Center, provide certain records; he has returned three pages of law; and the transcripts she has gotten have things redacted. She requested the County Attorney provide information to show that the Sunshine Law does apply to the North Brevard County Hospital Board, and that pertinent records should be released. She advised of her experience in the Parrish Medical Center emergency room; and stated a different administrator is needed.

Commissioner Scarborough requested the County Attorney respond to Ms. Strickland's questions. County Attorney Scott Knox advised the question is whether the particular items Ms. Strickland has asked for that have been redacted are public records which should be made available to the general public. He stated Mr. Jones advises he will request the North Brevard County Hospital Board whether it wishes to release those records, and will advise that it should release them if it decides to put a moratorium on any further affiliation considerations. He stated if that does not happen, the Florida Statutes provide an exemption for any records from a strategic planning meeting; however, that Statute was found unconstitutional by the Fifth District Court of Appeals and is now on appeal to the Supreme Court. He advised it is his opinion that any of the records that were developed in this particular format are public records.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to advise the Board of the applicable case law and how it would apply to release of the North Brevard County Hospital Board records, if the matter is not resolved at the Monday meeting of the North Brevard County Hospital Board.

Commissioner Higgs stated the case law would be important for the Board to know in any case. Commissioner Scarborough removed the caveat; and stated the County Attorney already has the information available.

Commissioner O'Brien stated he does not understand why a public hospital will not release the records of a public meeting; and he would prefer for the Board to adopt a resolution next Tuesday requesting the Hospital release its public records. Commissioner Scarborough stated it would be better to get the memo from the County Attorney first. Commissioner O'Brien advised of his intent to go forward with a motion on January 20, 1998 to request the Board send a letter to the North Brevard County Hospital Board.

Chairman Voltz stated she read some of the minutes of the North Brevard County Hospital Board; and questioned their reason to go into executive session. Mr. Knox advised the Hospital operates under a different Florida Statute than the Board operates under; and there are other bases for going into executive session; but that is the portion of the Statute which the courts found unconstitutional because it violates the public records constitutional provisions. Chairman Voltz requested Mr. Knox review the minutes and address whether the Hospital Board should have been in executive session. Chairman Voltz called for a vote on the motion to direct the County Attorney to advise the Board of the applicable case law and how it would apply to release of the North Brevard County Hospital Board records. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, to direct the County Attorney to bring a letter to the Board on January 20, 1998 requesting release of North Brevard County Hospital Board records, if appropriate actions are not take by the North Brevard County Hospital Board on January 19, 1998. Motion died for lack of a second.

Mr. Knox inquired if that would be in relation to the affiliation deal; with Commissioner O'Brien advising it would be any public records. Commissioner Cook stated it would be fair to address the issue if it is not resolved, but he would prefer to read the memo concerning case law first.

Discussion ensued on when the motion would be appropriate, availability of public records, and County Attorney providing a report on Tuesday of what transpired at the North Brevard County Hospital Board meeting on Monday night.

Ms. Strickland commented on violation of Sunshine Law by the North Brevard County Hospital Board; and stated the Hospital will not recognize the case law until it has gone through the Supreme Court. She submitted a draft resolution concerning the referendum; and stated as there is no deal on the table, a referendum is waste of taxpayers' money. She stated she has no faith in the North Brevard County Hospital Board as it has proven to not be reliable. She stated she has requested to be appointed to the North Brevard County Hospital Board; but she will withdraw her application if the Board will appoint Penny Farrar.

Chairman Voltz inquired if the North Brevard County Hospital Board would have to have a court reporter if it went into executive session; with Mr. Knox responding yes, there has to be a transcript of what was done. She stated the Elections Office has already spent between $6,000 and $10,000 on the election process for the North Brevard County Hospital; and there are three more weeks before a decision has to be made whether to go with this or not. She stated Representative Randy Ball advises no legislation will be put through this year.

Commissioner Scarborough inquired where does the referendum stand today; with Bill Hurst responding it will be discussed on Monday night. Mr. Hurst stated if there had been a referendum before the North Brevard County Hospital Board got into considering an affiliation, a lot of money could have been saved. Commissioner Scarborough stated there was a consensus of the North Brevard County Hospital Board to proceed with the merger with HealthFirst, but as it got more of the details, the deal fell apart; and expressed concern about an initial referendum in lieu of a final referendum. Mr. Hurst advised he initially supported the affiliation, but later voted against it. Commissioner Scarborough suggested a resolution may be the way to go; and stated if nothing is proceeding at this time, a referendum should be deferred until there is a concrete proposal.

Commissioner Higgs stated if Commissioner Scarborough is talking about a resolution today, she does not have sufficient information to vote on it. Commissioner Scarborough stated he is not talking about anything of substance; it is purely procedural; and no fundamental structural change should occur without a referendum. Commissioner Higgs stated she supports that; however, when the Board takes a position concerning the Hospital, it needs to let people know it will be discussed, and give the North Brevard County Hospital Board opportunity to review and provide input.

Discussion ensued on whether the right to referendum is substantive or procedural, taking action under a personal appearance item, notification of the public, and Ms. Strickland's draft resolution. Mr. Hurst inquired if it would help if he requested the North Brevard County Hospital Board send the Commission all the information; and stated there has always been a court reporter at the strategic sessions.

Commissioner O'Brien expressed concern that HealthFirst was going to rent the existing structure and everything within it, and give the North Brevard County Hospital Board approximately $60 million to $70 million which it could spend on whatever it wanted. He stated one of the prospective uses of the funds was to build other clinics within the Hospital District, and then HealthFirst would lease those facilities as well; and he did not like the plan because it was circular, from HealthFirst, to the Public Board, and then back to HealthFirst. He stated other health-related issues could have been addressed by the Board as one of the items they should be funding; but there was no formula concerning where the money would go, how it would be spent, or whether it would be spent at all.

Ms. Strickland explained the funding structure for the merger; stated the deal was for the benefit of the business, not the people; if there was nothing wrong with the meeting, there would have been no need to hide the records; and she does not want the North Brevard County Hospital Board to use the referendum.

Commissioner Cook stated he has no problem with Commissioner Scarborough's suggestion because it just reiterates the Board's previous position; and he cannot see the reason to have a referendum if there is no deal to ratify. Commissioner Scarborough stated when things are defined, the people want the right to vote.

PUBLIC COMMENT, RE: PARRISH MEDICAL CENTER

Bea Polk advised of a second group of people who want the Hospital; and stated they want a referendum. She outlined the history of the referendum; and inquired why is there going to be a referendum now that the deal is dead. She advised of secret meetings and other deals; and requested the Board send a message to the North Brevard County Hospital Board that a referendum is not needed until there is something specific to vote on. She explained what will happen if there is a referendum; commented on the new appointees; and expressed concern that the North Brevard County Hospital Board members are not elected, and the proposal is for one Commissioner to make all the appointments. She requested the Commissioners send a message to their appointees that a referendum is not needed at this time.

County Attorney Scott Knox stated the current legislation would prohibit the kind of affiliation lease agreement which was pending with HealthFirst; in order to move forward with that kind of affiliation agreement, the Legislature would have to change the legislation; and one of the issues which may come up on Monday concerning the referendum is whether the people of North Brevard County would approve an affiliation moving forward if that affiliation arrangement was subject to referendum approval. He advised a couple of legislators would like to know the answer to that question before considering changing the legislation. He stated the second question is whether the District 1 Commissioner should be solely responsible for appointing members to the North Brevard County Hospital Board.

Commissioner Cook inquired if those issues would appear separately on the ballot; with Mr. Knox responding yes, and it would be a straw ballot.

Chairman Voltz stated the first question is not whether they will go forward with some sort of affiliation, but should it go to referendum if they do an affiliation; and inquired what is the purpose of that. Mr. Knox responded assuming the answer is yes, the Legislature would have the opportunity to change the legislation to not prohibit that type of arrangement, subject to referendum approval. Discussion ensued on whether the residents want to consider a merger, District 1 Commissioner making all appointments, including other options such as an elected Hospital Board, providing clear multiple choices, cost of a referendum, whether the referendum must be done in March, materials already purchased by Supervisor of Elections, reimbursement of the Supervisor of Elections by the Hospital Board, waste of taxpayers' money, and lack of information.

Mr. Hurst stated he will bring this up Monday night, and will fax a copy of the referendum language to each Commissioner.

Commissioner Scarborough stated there is concern about one individual making the appointments.

Discussion ensued on other options, going on record supporting the current procedure for appointment, and history of the legislation.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct Chairman Voltz to send a letter to the North Brevard County Hospital Board advising that any referendum should have enough substance so people know what they are voting on, and that while the Board is cognizant of the need to have decisions made by people who are elected by the people, there is concern that appointment by one individual commissioner may not be in the best interest of the community and that other options should be explored. Motion carried and ordered unanimously.

Christopher Skeldon stated the day after the North Brevard County Hospital Board took the vote to create the language for the referendum, the Hospital's attorney faxed a change in the enabling legislation to the Representatives to strike the paragraph prohibiting any lease affiliation by the District; and expressed concern that if that paragraph is removed, the North Brevard County Hospital Board would have the authority to do any deal it feels is appropriate without public referendum. He stated it is important that the language be included requiring referendum any time there are substantive issues on the table; and the language of the referendum was quite different from what was requested in the legislative change. He suggested the County Attorney follow the issue.

Commissioner Cook stated part of Commissioner Scarborough's motion was that the referendum be a mandatory part of any change in the enabling legislation. Chairman Voltz stated Representative Ball assures there will be no change in the legislation.

WARRANT LIST

Upon motion and vote the meeting adjourned at 11:18 a.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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