July 30, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 30, 2002, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien.

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

REPORTS, RE: SWING TIME BIG BAND

Commissioner Carlson advised Robert Bauer is going to tell the Board about the Swing Time Big Band that is in the foyer for the Sample the Arts Program.

Robert Bauer, representing Swing Time Big Band, advised the band is a unit of the Melbourne Municipal Band, which has been providing free concert music to the public for 37 years; and it was formed in 1988 under the direction of the current Director to provide real music by real musicians for real dancing to a market that is not generally given the opportunities, the senior market. He stated the senior market is diminishing, so they are working on the baby boomer market. He stated they had an experience this past week of performing for the first time in history in concert, not for dances; there were about 1,600 people who attended; and it was the first experience for many of them to listen to real music by real musicians. He commented, whether on the golf course or the dance floor, “if you ain’t got that swing, it don’t mean a thing.”

REPORT, RE: BLOOD DRIVE BY PROUD AMERICANS

Commissioner Colon advised on August 16, 2002, between noon and 4:00 p.m., there is going to be a blood drive sponsored by Proud Americans for a two and a half year old boy in desperate need of AB negative blood. She stated they are still trying to find a place to hold the blood drive, which could save the boy’s life; and his mother wishes for him to make it to September for his birthday. She requested anyone wanting more information to call her office.

Commissioner O'Brien suggested the Red Cross be requested to come to the Government Center before that date, as many County employees may be glad to donate any type of blood. He stated if it is on a Tuesday when the Board has a meeting, he would be the first to donate although his blood type is AB positive. He suggested Mr. Jenkins be asked to arrange for that.

RESOLUTION AND LEASE AGREEMENT WITH SPACE COAST CHAPTER OF THE
NATIONAL TECHNICAL ASSOCIATION, RE: USE OF COCOA WEST CENTER

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution and execute Lease Agreement with Space Coast Chapter of The National Technical Association, Inc. for use of the support facility at Cocoa West Community Center from May 4, 2002 through May 3, 2005; and authorize the Parks and Recreation Director or his designee to sign renewal agreements and include in agreements any future Board approved contract clauses. Motion carried and ordered unanimously. (See pages for Resolution No. 02-177 and Lease Agreement.)

WAIVER OF TITLE EXCEPTION, RE: FARM & GROVE REALTY PARCEL

Motion by Commissioner Higgs, seconded by Commissioner Colon, to waive title exception in reference to the Habitat Road Construction MSBU initial assessment Resolution No. 96-51 on a parcel owned by Farm & Grove Realty under contract for acquisition by the EEL Program. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, ACCEPT PROPOSALS,
AND NEGOTIATE WITH QUALIFIED FIRMS, RE: BUSES FOR SCAT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise Request for Proposals, accept proposals, and negotiate with qualified vendors for acquisition of eight replacement buses with an option for four additional buses in FY 2002, and four replacement buses with an option for two additional buses in FY 2003 for SCAT; and appoint Jim Vaughn, James Liesenfelt or his designee, and a representative of Ryder Transportation to the Selection Committee. Motion carried and ordered unanimously.

APPROVAL OF TASK ORDER WITH BRAY, BECK & KOETTER/HOYMAN, DOBSON,
RE: AUDIT OF TRAFFIC TICKET COLLECTIONS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the County Manager to execute Task Order #01 with Bray, Beck & Koetter, and Hoyman, Dobson, to audit traffic ticket collections. Motion carried and ordered unanimously. (See page for Task Order #01.)

SUBGRANT AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE:
EMERGENCY MANAGEMENT COMPETITIVE GRANT AWARD 070

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Subgrant Agreement with Florida Department of Community Affairs for Emergency Management Competitive Grant Award 070 in the amount of $19,500 for training, equipment, and exercise for 200 additional community emergency response team members; approve Budget Change

Request; and authorize the County Manager or his designee to manage and execute all future administrative actions and correspondence covering the grant. Motion carried and ordered unanimously. (See page for Agreement.)

SUBGRANT AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE:
EMERGENCY MANAGEMENT COMPETITIVE GRANT AWARD 071

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Subgrant Agreement with Department of Community Affairs for Grant Award 071 of $45,800 under the Emergency Management Competitive Grant Program; approve Budget Change Request; and authorize the County Manager or his designee to manage and execute all future administrative actions and correspondence covering the grant. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL, RE: NEGOTIATED AUTOMOBILE PROPERTY DAMAGE LIABILITY
SETTLEMENT WITH CONTINENTAL MOTORCARS, INC.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the tentatively negotiated total loss settlement of the automobile property damage claim of Continental Motorcars, Inc. in the amount of $54,982.50. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Change Requests.)

APPROVAL, RE: EXECUTIVE SESSIONS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney to advertise and schedule executive sessions on August 1, 2002, at 4:30 p.m. for Brevard County v. Pinter, Brevard County v. Miorelli, and Kay v. Brevard County cases. Motion carried and ordered unanimously.

EASEMENT AGREEMENT WITH BAREFOOT BAY RECREATION DISTRICT AND
BAREFOOT BAY WATER AND SEWER DISTRICT, RE: ANTENNA TOWER

Tibby Parker, Barefoot Bay Recreation District Community Manager, advised the easement is for a communications tower on land adjacent to the Recreation District’s land; and they are pleased to cooperate with the County on this agreement as well as other agreements they had in the past. She stated there are guy wires and anchors that extend onto the Recreation District’s land; the County needs the easement for the tower to provide public safety communication; the people in South Brevard need public safety; so the Agreement is a win/win for both parties. She stated communications for public safety from the tower are crucial to a quick response, especially for cases of emergency; the Board of Trustees recognizes the importance of effective communication between the District and Brevard County; County staff and their staff worked well together on technical issues and many day-to-day issues; and cooperation is what it takes to get the job done in the most cost effective manner. She requested the Board support the Agreement.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute an Easement Agreement with Barefoot Bay Recreation District and Barefoot Bay Water and Sewer District for the tower and building to serve South Brevard. Motion carried and ordered unanimously. (See page for Agreement.)

Commissioner O'Brien inquired when was the item added to the Agenda; with Commissioner Higgs responding she received it on July 25, 2002.

APPROVAL, RE: REFUNDING OF SOLID WASTE REVENUE BONDS, SERIES 1993
AND UTILITY REVENUE REFUNDING BONDS, SERIES 1993

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to authorize the Financial Advisor, Bond Counsel, and Disclosure Counsel to prepare bond documents; authorize a forward refunding; authorize a Request for Proposals to be issued by the Financial Advisor for selection of an underwriter to complete the refunding; authorize a selection and negotiation committee consisting of the Finance Director, Economic and Financial Programs Director, and County Financial Advisor; approve the publication of the Summary Notice of Sale and the delegation of the County Manager or his designee the authority to finalize the Preliminary Official Statements separately for the two refunding projects. Motion carried and ordered unanimously.

APPROVAL, RE: FLORIDA ASSOCIATION OF COUNTIES 2003 LEGISLATIVE
ISSUES SURVEY

Commissioner Higgs advised it might be beneficial for the Brevard County Health Department to have additional funds to test the water quality along the beaches to counter the bad publicity generated by the lack of factual information; and recommended it be added to page 13 regarding public health that may need greater attention.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve the Florida Association of Counties 2003 Legislative Issues Survey inputs, with addition of request for funding for Brevard County Health Department to do additional testing of water quality along the beaches. Motion carried and ordered unanimously.

ADOPTION, RE: TENTATIVE FY 2002-03 AD VALOREM MILLAGES

Chairman Scarborough called for the public hearing to consider tentative approval of ad valorem millages for FY 2002-03.

County Manager Tom Jenkins advised the preliminary operating budget totals $732,083,912, representing a 5.7% decrease from the current amended budget and .7% decrease over the October 1, 2002 adopted budget. He stated in the past four of the five years, excluding voter approved property tax increases, the Board of County Commissioners has successfully reduced each year the property tax millage rate levied by the Board the previous year; but due to a number of sizable built-in cost increases, prior funding commitments, and a number of other revenue reductions, the fiscal year 2002-03 ad valorem aggregate millage rate has been increased 2.8% from the current millage rate, which is also 6.4% from the rollback rate. He stated the millage calculation includes the voter approved 1998 firefighters and 2000 Parks and Recreation millage rate increases for operation and maintenance; and if those are removed, it is a 3% increase. Mr. Jenkins advised the ad valorem property tax funded budget has presented the most significant challenges; of necessity, the preliminary operating budget is an austere budget and limits many of the requested service enhancements; however, some of the service enhancements included in the budget are a grant match to add ten additional deputy sheriffs for road patrol; eight additional deputy sheriffs to conduct homeland security investigations; three deputy sheriffs to serve on the bomb squad; expanded mental health treatment at the jail; continuum of care for the elderly as recommended by the Commission on Aging; Juvenile Delinquency Prevention grants as recommended by the Together in Partnership Citizens Board; books and operating costs for the new Melbourne Beach Library; operations and book costs for the expanded Suntree/Viera Library; and expansion of the Port St. John Library. He stated some of the other cost impacts include funding 70% increase for the jail medical services contract; a redistribution of Information System charges; funding a 12% increase to the contributions to employee health insurance cost to ensure the County has a financially stable health insurance program; providing salary increases to employees in December of 2% cost of living and up to 1% merit increase; providing additional salary increases to help retain certified deputy sheriffs, corrections officers, firefighters, fire medics, emergency medical technicians, paramedics, and dispatchers; a significant property insurance rate increase; and increase in the debt service payments for Harry T. and Harriette V. Moore Justice Center and the new South County Service Complex. Mr. Jenkins advised there have been some additional revenue reductions, which include Parks and Recreation Golf Courses revenue that declined based on decline in play, a Law Library shortage the County had to make up, and discontinuation of a significant payment from Solid Waste fund to the General Fund, which the Board will no longer be receiving; and all those factors added together have a significant impact. He stated prior Board direction to increase permit fees to reduce General Fund subsidy of the development review process continues in the preliminary budget; and accountability and measurements are an integral part of the performance-based program budgeting process. He stated operational level performance measures, which quantify the efficiency and effectiveness of County programs, are listed for each program; strategic level measurements, which are long-term in scope, measure overall quality of life in the community; and an annual assessment of those measurements is issued each year.

Sergeant Scott Armstrong advised he has been with the Brevard County Sheriff’s Office for 17 years and in charge of the Crime Scene Unit since December, 1998; he is here in regard to the possibility of the Board having a positive effect on law enforcement services provided to the citizens of Brevard County; and the issue he brings is that they need additional personnel within the Crime Scene Unit of the Brevard County Sheriff’s Office. He stated as the Board heard him state before, the field of forensics or crime scene investigation is an ever-changing, evolving, highly technical field; and the demands placed on law enforcement forensics are increasing every year. He stated since 1993, the demands placed on his Unit have doubled; in 1993 the Sheriff’s Office Crime Scene Unit assisted in the investigation of 1,105 cases; in 2001, the Unit assisted in 2,226 cases; and that is an increase of individual caseload for each person in the Unit of 154%. Sergeant Armstrong advised the number of evidentiary items processed by the Unit increased by 985% from 1993 to 2001; in 1993, they processed 275 items of evidence; and in 2001, they processed over 2,700 items of evidence. He stated the Unit consists of personnel who are specially trained to identify, document, collect, and process evidence, reconstruct crime scenes, prepare evidence for laboratory processing, and give expert testimony when there is a need for a crime scene and forensics analysis. He stated they cannot call upon other Units within the Department to cover calls for their Unit; and they are a self-relieving Unit that covers calls 24 hours a day, 7 days a week, 365 days a year with one sergeant, two agents, and two crime scene technicians. Sergeant Armstrong stated since he has been in the Unit, there have been several occasions when all crime scene personnel were busy, either working one case or several cases; and at that time a notice had to be sent out Countywide that their Unit was unavailable for response to any other investigations. He stated the demand placed upon the Unit’s time creates a backlog of cases reaching a high of 20 cases per person at times; what that means is there are cases that are unresolved or unsolved in a timely manner; and criminals are walking around in their midst due to not having enough manpower to properly equip the Unit to perform its job to the level of performance or service in the best interest of the citizens. He requested two civilian crime scene technicians or analyst positions; and stated the Board can make a positive effect on law enforcement services provided to the citizens in an effort to reduce crime and improve the quality of life by providing them the funds to hire the needed personnel to meet those demands, or they will be faced with a problematic situation of an increase in demand for service and decrease in capacity to meet those demands.

Chief Sheriff’s Deputy Bob Sarver thanked the Board for working with the Sheriff’s Department on its budget, and thanked the Budget staff, Stockton Whitten, Dennis Rogero, and Juanita Davis.

Deborah Barker, Finance Director for the Sheriff’s Department, advised Sheriff Williams presented his budget and worked with the Board last week; they talked about the variety of budget requests and priorities that they have for the next fiscal year; and Sheriff Williams asked her to come forward and give the Board a thank you for its consideration of the ten deputies the Board is considering phasing at five in October, 2002 and five in April, 2003. She stated Sheriff Williams also asked for the Board’s consideration of a 5% raise to maintain parity of their qualified people; and thanked the Board for its consideration. She stated they still have open priorities as far as vehicles and radios; and any further consideration the Board can give will be appreciated. She stated they understand the serious funding issues the Board has; but any consideration that could be given to the remaining ten deputies, due to the fact that they have the possibility of a federal grant that may not be available in future years, will be appreciated. She expressed appreciation to the Budget staff, Board, and Mr. Jenkins on behalf of law enforcement and the citizens of Brevard County.

Chairman Scarborough advised the action today is to set a tentative millage; what it means is a document will be mailed out telling people when they can come and speak to the Board; if they live in a municipality, they can visit that entity; and it will also note hearing dates and times for Florida Inland Navigation District, St. Johns River Water Management District, School Board, and all taxing entities. He noted the Board is required to set a tentative millage at this time, but the public can respond to it and ask questions at the appropriate hearings. Budget Director Dennis Rogero advised the first budget hearing for the County is September 11, 2002 at 5:30 p.m., and the second hearing is September 26, 2002, at 5:30 p.m. in the Commission Room at the Government Center.

Mr. Jenkins advised whatever millage is set today can be lowered at a public hearing; however, it cannot be increased without going back through the entire notification process; so this is not the final action, but the first step in several steps.

Commissioner O'Brien advised the Board has to make a tough decision; priorities for each Department, Agency, Elected Official, and the Board have to be set; and the Board should send back to those who came to the Board in the budget process and say make up their minds of what is the most important things they want this year, as the funds have been diminished because of the September 11, 2001 terrorist attack. He stated the Board should not forget that because of that occurrence, pilots, flight attendants, mechanics, companies that clean planes, limousine drivers, taxi drivers, and others were out of work for three to four months; tourism went way down, so all those people who worked in that industry were dramatically affected; and they lost 25 to 35% of their pay last year. Commissioner O'Brien stated last year the Board had the largest tax increase in the history of the County; this year it proposes to add another 3% to the taxes of people who are still scrambling trying to make up for the mortgage payments they could not pay in October, November, and December 2001 and perhaps January and February 2002; and it is unfair to the people of Brevard County who have to pay that bill. He stated they are the ones the Board should share the pain with and say it understands; it has to be frugal as the taxpayers are at home trying to make their payments; so it should go with the roll forward or roll back rate, but nothing further than that, which puts the onus on the Property Appraiser, Clerk, Sheriff, the Board, and everybody to set priorities. He stated the Board needs to tell them they cannot have the whole ball of wax, but can have some of it; and maybe next year it can satisfy the needs for additional personnel, furniture, equipment, vehicles, etc. Commissioner O'Brien stated there are places where the budgets can be cut; they can cut operating costs, office supplies, electricity, etc.; they have not come forward and said they want to do that and cut their budgets; and the Board can set the example for everyone by saying this morning it is not going to raise taxes and they have 60 days to come back and show the Board what they are going to do to make sure there is no increase in taxes. He stated there is enough money to give raises to all employees, make sure emergency medical and firefighters get their raises, and to pay for health insurance; those are his priorities; and whatever else is gravy. He stated the other Departments should look at that the same way; this year there may not be 50 new cars; Mr. Ellis said he has enough vehicles and asked if the Board wants them; and the Board should say yes, take them and auction them off, which would stop further maintenance and fuel expenses that may be more than paying employees 25 cents a mile to use their own vehicles. He stated there are ways to cut the budgets; Mr. Ellis also wanted 16 personnel; and it is time to say sorry, approve four, tell him he has to catch up slower, but that is all the Board is going to do.

Commissioner Carlson inquired if that is a motion by Commissioner O'Brien; with Commissioner O'Brien responding that is his motion. Commissioner Carlson requested the motion be repeated. Commissioner O'Brien stated the motion is that the Board not raise taxes at all. Commissioner Carlson stated she thought Commissioner O'Brien was talking about the Clerk’s budget. Commissioner O'Brien stated he is talking about all the budgets and used the Clerk’s budget as an example to take his vehicles.

Motion by Commissioner O'Brien, to not raise taxes for fiscal year 2002-03. Motion died for lack of a second.

Commissioner O'Brien stated vehicles planned to be purchased by the courts and everybody else may be able to be consolidated; people who run around delivering mail could be consolidated; and inquired if the Clerk and the Tax Collector have their own couriers and how much of that can be consolidated. He stated the Board should prioritize and determine what is the most important thing this year without reaching out and taking money from the wallets of the people who have been affected the worst and been unemployed for months last year. He stated people who work in hotels and restaurants, cooks, waitresses, bartenders, owners, people who deliver tee shirts, people who answer the phones, truck drivers, and thousands of residents were out of work for a long time; they are struggling still today to pay their bills; and he is trying to convince his fellow Commissioners to say no, it is not going to raise taxes this year, and maybe look at it next year; but this year is the wrong year to be raising taxes and it is not fair to the citizens. Commissioner Higgs stated it is always the wrong year to raise taxes; with Commissioner O'Brien responding that may be true.

Commissioner Higgs stated she has never heard Commissioner O'Brien advocate raising taxes in eight years sitting here, so even when the Board had plenty potentially in a strong economy, he always voted to roll back; it is not going to be any different in a year; and that is fine if that is

ADOPTION, RE: TENTATIVE FY 2002-03 AD VALOREM MILLAGES (CONTINUED)

his philosophical position. She stated she has never voted for a tax increase, but is going to vote for the tentative millage today and continue to work on the budget; her priority is public safety; that is what the budget does; and it is not pay increases and other things Commissioner O'Brien mentioned, it is public safety. She stated it is a tight and difficult budget; there are still things that need to be funded; and her concern is about things the Board has not been able to fund in the jail, the safety issues there, and vehicles for public safety officers. Commissioner Higgs stated she will continue to work on the budget; the Board had two budget workshops and is going to continue to work on the forecast of revenue projections and if it can do better in terms of funding essential public services to be sure people have radios that work and cars that get them there and potentially crime scene investigators, it can look at that. She noted it is unlikely it is going to find that revenue; but she will continue to work on that as she has every year. She stated if the Board looks at a realistic picture of what the budget does today, District 3 will have a $9.62 increase; that is less than $1.00 a month; she is certain people do not want to pay a dollar a month for public safety; but the Board has to look at that realistically. She stated she was standing at the gas pump this morning and it was $1.44 for mid-test; she also noticed it was $25 for a carton of cigarettes; so maybe the Commissioners need to look at what their priorities are as well and look at what they can do individually to be sure they are taking a realistic look at what the cost of services are. She stated she is committed to ensure that the health, safety, and welfare of the citizens are protected first and foremost; and she will move the tentative millage at this time and continue to work on the budget.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the tentative FY 2002-03 ad valorem millages. Motion carried and ordered; Commissioner O'Brien voted nay.

REPRESENTATIVE BOB ALLEN, RE: HOUSE PERSPECTIVE OF LEGISLATIVE SESSION

Representative Bob Allen thanked the Board for allowing him to come in during the important business being conducted today; stated it is a tough decision when looking at services to meet and budgets to review; and that is why he is here today. He stated the Agenda item talks about the House perspective, but he does not want to give a different perspective from what the Delegation Chairman Senator Posey gave the Board; Senator Posey did a great job going over the broad picture of what they were able to achieve, hold together, and escape with from Tallahassee; and he wants to talk about the upcoming session they will have under the new Speaker Johnnie Byrd. He advised Mr. Byrd is going to reorganize the House as every speaker has the option of doing; he is doing it in areas of subject matter and by committee structure, which will be very beneficial to Brevard County; and that is why he wanted to talk to the Board. Representative Allen advised he wants to change the way they faced last year’s budget in three categories and look at the successful plan for next year; last year’s items he calls big ticket or trend setting items that they went after for the County and also the region; there is also a fair share portion of the budget; and the third category he calls special needs section. He stated District 32 in the redistricting will maintain an area of Orange County along with Brevard County; the Orange County portion of his District had a different agenda than Brevard County did; they approached it as big ticket trend setting budget items that they wanted; for example, the Orlando International Airport for $38 million to accommodate the new large Airbus double-deck international plane that is going to be used in larger airports throughout the world; and the Delegation was successful in getting that in the budget. Representative Allen advised there was a $650 million bond issue that Orange County Expressway Authority approached them for to complete its beltway system; and the reason he is putting it out to the Board is to show it how they came to the Delegation with an infrastructure overall plan; and they divided it up according to their committee assignments. He stated he was able to champion that bond issue and was successful in this past session. He noted there was an environmental issue on the Holland Ranch, which Brevard County, through the City of Cocoa, gets some of its water from; the Holland Ranch was purchased in cooperation with the St. Johns River Water Management District which was the matching agency; and it started with Orange County taking the area down for an Econlockhatchee Preserve. He stated in each major category that he calls big ticket items, they came to the Delegation with a specific group; they divided them up in the Orange County Delegation; and he would like to see Brevard County, as they move forward to the next session after the elections, go forward with a plan to look at big ticket items like it does with the MPO. Representative Allen advised the SERPL facility was a big item and important to the economic development of Brevard County; Chairman Scarborough had already reached out regionally and had Commissioners well informed; and all Commissioners participated in different facets of that with the region coming behind that area. He stated with District 32 already laying over in Orange and Brevard Counties, it is a regional seat; he would encourage the Board to continue what it is doing regionally in its planning efforts; Commissioners have been over there for water and transportation issues; and the Board should continue to go forward with that, as it did excite people about the SERPL facility to create the best ground station for the space station for the State right here in Brevard County, and the region got behind that. He stated the $30 million program went through as did some other big ticket items they wanted; and encouraged the Board to continue on that path, especially with the new way Mr. Byrd plans to design the House to go after a regional approach. He stated there are 12 legislators in Orange County’s delegation who can easily help Brevard County buy into that agenda; and there are several things they need to do in the future that they will want to do together. He stated one of the main items is water resources; District 32 encompasses most of the well field areas that Brevard County now draws water from through Cocoa Utility and the north end of the County all the way to the Volusia County line where there are some water resources; there is also the area of Taylor Creek Reserve that is in the same District; so he finds himself overlapping the very water sources the County depends on in a major way for a good portion of the County. He stated he wants to make sure the Board coordinates with Orange County and regionally on the water needs for this coast in the future, have this region step out ahead of the rest of the State, have its water resources identified, and how it is going to be doing that in the new growth management law that requires planning according to water resources capabilities like it does schools. He stated those are things that are going to be critical, so that the larger player, Orange County, with its 12 delegation members, does not make all the water calls that Brevard County needs on the coast, and to make sure it does that cohesively and together. Representative Allen advised the new growth management law they passed last year has that as a requirement in planning; and he would like to continue that regionally in the area. He stated they have a philosophy in the House of going after what he calls the fair share portion of the budget; that is for things like Child Care Association, where they got funding and it got vetoed; and they put it in again, and will continue to peck away at that one because it is critical. He stated the County Drug Court was taken off and they got that put on again; and all the mid-level cultural grants, things they always talk about that make Brevard County a desirable place to live and a quality of life that attracts the higher end of economic development, that they all say they want would have gone anywhere else in the State had they been left alone; but they got a fair share for Brevard County this year sitting in the conference committee; and he was proud to be able to achieve that. He stated the fair share section of the budget happens all the time; big ticket items are things they would want to strategize about; fair share happens once the budget is set and fairly put together and they know they are not going to be gouging the taxpayers; within that circle they will get everything they can for Brevard County; and that is the fair share portion of the budget. Representative Allen advised September 11th affected the State as well as the County with new expenses and the slow-down in general; when they have a recessionary type budget, the first thing that popped up was the initiative to push costs from the State to the local level; and that is scary. He stated facing the budget the Board has, the last thing it needs is to have mandates from the State with no State dollars; and that is something he wants everyone to look strongly at and make sure they do not do that. He stated the natural reaction in Tallahassee seems to be push it down and let the local people raise the money for the effort; there are Statewide regional things they are doing already and demand of local government to work on through the laws; they should accompany that with dollars; so he would like to see a heads up on that hot list from the County Association and others. He stated those are the three areas he wanted to address today to let the Board know about the strategy of big ticket items, which has been successful in other Districts; they did it somewhat for Tico Airport’s $1.7 million and $600,000 for the Space Corridor; those are infrastructure that people do not know or care about, or understand; but in the future they will look back and say those guys were smart and did something for the future, the same way they look at the water pipes in the aquifer in Orange County, which were probably put in the 1950’s or 1960s. He stated the infrastructure big ticket items are things people will appreciate the Board’s vision for; the fair share items will be the ones they appreciate that the Board diligently went after and did not walk away from the table of opportunity; and the fair share items he is committed to and the members of House will be also. He stated the local mandates the Board will want to guard against; those are the three main items he wanted to cover; and he will answer any questions the Board may have.

Commissioner Colon stated when she met with Representative Allen in her office and with all the different agencies, some discussion was about the red tape in Tallahassee regarding the medical field; he heard from Circles of Care, Medicaid, and others; and inquired if there is any update on that; with Representative Allen responding several things that were brought up were procedural with Department of Children and Families and the way it distributes money in the region; there has been some progress made; and they continue to let DCF know that the funding needs to come across the river and Brevard County should get a fair portion for its Associations. He stated he has been going after the structure of the budget to make sure there is some formula and balance in the populations on funding; but as far as red tape issues of government, that is a never-ending battle they all need to fight. He stated if there are specific items, he has a very good staff that is willing to give specific attention to those items, which many times could break things free from the log jam and make things better for the whole system. He stated if there are problems, they should feel free to contact his office and his staff will go after those red tape boondoggles.

Commissioner Colon inquired how does the delegation work together. She stated the Board has workshops and is able to strategize on a plan and goals for Brevard County; at those workshops it concentrates on getting feedback from Commissioners and staff; at Delegation meetings it is primarily to get feedback from the community; and inquired when is the Delegation able to have a workshop to prioritize issues. She stated each member of the Delegation has a goal in mind, whether it is law enforcement, children, whatever the case may be; and her inquiry is to bring to the attention of the Delegation drug consumption among the youth in Brevard County to see if there is one voice from the Brevard County Delegation to find out if there are dollars available on the State level to combat the problem. She stated that is one of many issues facing the Board, but one that is close to her heart because the County does not have the funds; and she wants to know if the Delegation has connections to know if there is money from the federal government that they could take advantage of. She inquired if the members of the Delegation are able to speak without having to take public comments for hours. Representative Allen advised in Delegation meetings where people come and present their items, they are in a listening mode to gather information; but in the microwave environment of a 60-day session, although they had five sessions this year, there is constant interaction through the Delegation either on the floors of the House and Senate or back and forth or in the early morning meetings where they compare notes. He stated the Delegation Chairman is responsible for the first meeting where they divide the workload of what was requested that they need to go after budgetarily or policywise and try to find federal/State partnerships to link with the local needs; and they then take those work products, according to their interests or expertise, and turn to various legislative staffs in different committees to inform them what they are going after on behalf of Brevard County. He stated after that, it starts getting tracked by their staffs and themselves as they move through the process; and they have constant interaction meetings to check on how they are doing. Representative Allen advised the final phase is when they try diligently to get appointed to the Budget Conference Committee because all the talk comes to rest in the final weekend when a lot of people go home and the budget conferees are left behind to do the task of getting the Senate and House to agree to present the budget to the Governor. He stated that weekend is when what will fall off the table and what can be put on the table are decided; that conference process is where they can get the most done; and carrying those priorities all the way through the conference process is the key.

Chairman Scarborough advised he is involved in MyRegion, and what he is finding out is very interesting; the counties are very much engaged partly because Brevard County plays a key roll in the Regional Planning Council; and there have already been meetings. He stated the Chairmen of the Counties, including Polk and Indian River Counties, are meeting to discuss where they are going; they are trying to use the Planning Council to critique what is happening with MyRegion; and what they believe to be occurring is what they talk about being assimilated into different structures. He stated the MPO has created alliance with the counties of the area, going over to Lake and not picking up Polk and Indian River; Mike Snyder, District Secretary suggested maybe they should move into a super MPO rather than having MyRegion being a Chamber of Commerce product worth $2 million; Pat North from Volusia County described it as just an expensive hub; and beyond all those groups, it is going to be critical that the Legislative Delegation somehow has a methodology of meeting as a region. He stated to do that they need people like Ms. Laymance and Guy Spearman in the room with county managers talking about those issues; Commissioners need to be involved also and they are putting agendas together, but he has found with any dialogue it is a two-way street. He stated they come in with their own ideas; others come in with their ideas; and sometimes they find a third idea that serves both purposes better from the conversations and the new creative process of coming together. He inquired if there is capacity to create a structure where they have the lobbyists, legislative coordinators, and the delegations working together. He stated Representative Allen sits on the Orange County Delegation as well as Brevard County; there is a greater fabric that is being built if they bring in Polk County; and inquired how does that lead into a dialogue with Hillsborough County. Representative Allen advised that is the vision that goes with the big ticket trend setting agenda; what Chairman Scarborough described is in the process of being built from the ground up; they have done admirably pulling together the MPO’s; and the Regional Planning Councils and fellow Commissioners are all leading the way to a better communication system than they probably have informally among the delegations in the area. He stated it needs to become more formal; if he goes for a $650 million bond for Orange County Expressway Authority, it would be good to have Brevard’s transportation needs organized to go along with it so they would be as a region pushing the agenda, making it easier than Brevard County going alone trying to get the State to cooperate on some issue. He stated it was a tough fight for Orange County to get that bonding capacity; they would have wanted Brevard County’s help while they were fighting; and it would have been great to have the freedom to work the issues together. He stated putting the delegations together is starting to happen with the redistricting where they are starting to share more boundaries regionally; but he would like to see a formal process go that way. Representative Allen advised Carol Laymance did an excellent job at keeping the Board’s interests on the table with the weekly sheets; what the Board did not see was her daily working the process with all the Legislators to remind them where things were in the processes; she interfaced with Lois and others who are doing it for Orange County; and they have started to meld things together. He stated that is a good goal to pursue, and he would be happy to do that because it would be a natural for him to do since he already has a regional seat. He stated the last part of going after a region with Hillsborough County makes sense because of some of the issues coming up; the new Speaker of the House is from Hillsborough County and sees himself as a Central Floridian; so it would make a lot of sense in the next two years to do as much as Brevard County could with Hillsborough County.

Commissioner Higgs stated she appreciates the comments about water supply issues; they had discussions with the major suppliers regarding water supply issues that impact the unincorporated area; and cooperation is very important with the County and regionally regarding water issues. She stated sometimes people do not cooperate unless they feel they have to; she respects the rights of all people in all jurisdictions, so any effort that she has made is not to cooperate, but to insure that others feel they need to cooperate with the County in the planning, respect, and resources that are available throughout. She stated the Board is looking for cooperation, but sometimes others have to feel compelled to cooperate from a legal standpoint.

Commissioner Carlson thanked Representative Allen for talking about the strategic potential planning the Legislature would like to see Brevard County go through; and stated timing, cooperation, and partnershipping are all essential on a regional basis; and Brevard County sits in a very important position right now because of the Brevard Tomorrow initiative. She stated Brevard County has gotten good input from MyRegion because it has started getting its ducks in a row; if they carry through with the Brevard Tomorrow effort, they will prioritize issues; and those priorities will come to the Board and will be translated to the Legislature. She stated hopefully Representative Allen will take that to Orange County and other legislators will take it to other counties they represent; that is how they will begin to start speaking regionally; and it will be interesting to be able to sit down as a legislative group with other legislators in other counties to talk strategy regionally. She stated it is her desire to see the partnership occur among all of them because that is the way to get things done; and folks who are paying taxes in the entire region would appreciate the fact that they are working in that sense. Representative Allen stated the bottom line is he has seen the power that is available in Tallahassee when there is a cohesive regional plan with real priorities out of the larger community to the west; he has seen that by participating in it; and Brevard County is ripe to participate in that kind of plan and get its fair share at the budget table because of what it has in this very long County. He stated he wants to offer the District 32 regional seat as a good conduit to add to what the Board has already been doing regionally to make that happen; and that is where they will see success. He stated the Board has a very capable lobbyist; nobody has the pulse of different individual legislators on both sides of the House and Senate better than Mr. Spearman; he understands the goals and aspirations of almost every legislator and executive branch person up there; so he is an excellent guide for Brevard County to be able to say those are the particular players in Tallahassee who they need to touch base with in the executive branch or legislative branch to make its goals work. He stated with that kind of guide dog, the work of Carol Laymance, the Board’s commitment, and his regional seat, they have a good formula coming together to plug Brevard County into Statewide regional power.

County Manager Tom Jenkins advised Representative Allen worked very closely with County staff, the Commission, and the lobbyist; he has been instrumental, particularly in this last session, in working on some vital big number items that are important to the long-range economy and infrastructure needs of Brevard County; and he has been very helpful in working with staff to achieve some of those needs and issues. He stated there is a big issue that is going to be facing counties; it is court funding and Article V; the County is anxiously waiting to see how all that is going to shake out and what impact it is going to have; and requested Representative Allen watch that very closely and make sure Brevard County does not get burned in that process. Representative Allen indicated Article V is a problem that nobody wants to tackle, but they have to get in there and make it work; and he is looking forward to working with the County on that. Commissioner Carlson stated Article V has been a sensitive point for years since she has been on the Florida Association of Counties Board. She stated the Board was given a packet of legislative issues, which was a survey of issues; and inquired if Representative Allen would like a copy of it. She stated it would be interesting to get his input on what he thinks the Delegation is going to be comfortable pushing because some of the things are repetitive and not getting very far; and it would be nice to say something more constructive than just keep going and pushing it when they know nothing is going to happen. Representative Allen suggested focusing on the winners. Mr. Jenkins suggested giving a copy to all the members of the Delegation.

Representative Allen thanked the Board for its time. Chairman Scarborough expressed the Board’s appreciation to Representative Allen, and requested he keep up the good work for Brevard County.

Upon motion and vote, the meeting adjourned at 10:03 a.m.

ATTEST: ___________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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