The Board of County Commissioners of Brevard County, Florida, met in special session on September 18, 1997, at 5:35 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Chairman Randy O'Brien.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

ANNOUNCEMENT, RE: INFORMATION PERTAINING TO VALKARIA AIRPORT

Commissioner Higgs advised information concerning Valkaria Airport was faxed to each Commissioner's office for tomorrow's meeting.

ANNOUNCEMENT, RE: PERCENTAGE INCREASE IN TENTATIVE AGGREGATE MILLAGE OVER THE ROLLED BACK RATE

Chairman O'Brien inquired if there is another budget hearing in October, 1997; with Budget Director Kathy Wall responding tonight is the final public hearing.

Ms. Wall advised the aggregate rollback rate is 6.7379 mills, the aggregate tentative rate is 6.7378 mills, and the percentage change is zero percent.

Commissioner Cook advised the aggregate millage results in a reduction in each District except District 1 due to the Recreation District. Commissioner Scarborough clarified it does not apply to all of District 1 because part of District 1 is in District 4 Parks and Recreation.

Chairman O'Brien requested Ms. Wall explain the term aggregate; with Ms. Wall providing a definition.

Discussion ensued on impacts to the aggregate rate and taxing rates of the cities.

PUBLIC COMMENTS, RE: BUDGET FOR FY 1997-98 INCLUDING DEPENDENT SPECIAL DISTRICTS

Marilyn Rigerman spoke in support of the Brevard Cultural Alliance and Surfside Playhouse.

Kay Burk spoke in support of the Brevard Cultural Alliance. PUBLIC HEARING, RE: RESOLUTION ESTABLISHING FINAL MILLAGES FOR FY 1997-98

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

Commissioner Cook advised a question was raised by the Finance Department regarding the transfer from Solid Waste; and those issues have been resolved. He expressed concern that the Finance Department is not willing to relay by written statement to the Board that the concerns have been met. Budget Director Kathy Wall advised staff has worked with the Finance Department to resolve the issues that were brought up in the September 4, 1997 memorandum. Commissioner Cook advised the issues have been resolved to the satisfaction of the Budget Department, the County Attorney's Office, and Financial Advisor Tom Holley; and requested staff pursue a written response from the Finance Department that the issues have been satisfied. County Manager Tom Jenkins suggested continuing discussion with the Finance Department about technical concerns. Commissioner Cook reiterated he would like a response either way.

Commissioner Cook inquired if there is any additional information from the Supervisor of Elections. Elections Finance Director Marjorie Stump stated she provided information to the Budget Office showing the requested budget, the required budget cuts, and transfer from Contingency, which was Board approved; the fixed monthly expense is $34,378, of which $7,449 is for the Suntree election; and the Supervisor can bill the County for that or pay it from the Supervisor of Elections' account. She stated the General Election was $423,180, which was $65,180 over the estimate; and outlined the reasons for the increase. She noted no money was wasted; the Supervisor of Elections came in this year with a decreased budget; and there is nothing else that can be done. Commissioner Cook advised he raised the issue publicly; and it is important for the response to be public. Discussion ensued concerning the $240,000, how elections are estimated, and inability to carry over excess cash forward.

Commissioner Higgs addressed health insurance costs; inquired how the increase will be funded; and expressed concern about the impact of the rate increase. She stated the County subsidizes the PPO Program considerably; that is the most significant portion of the rate increase; and suggested the Board discuss the issue on September 23 or 30, 1997. Mr. Jenkins advised the insurance program works on the calendar year, not the fiscal year, and there is no urgency. Commissioner Higgs advised the sign-up period begins October 15, 1997; and if there is going to be an adjustment to the PPO rate, people will need to know about it. Mr. Jenkins stated the issue will be placed on the Agenda for the Board's discussion.

Commissioner Scarborough stated earlier the Board took action to increase the EDC budget; and inquired if that is incorporated; with Ms. Wall responding the $125,000 was added to the EDC budget. Commissioner Cook inquired if the additional funding will come from the General Fund; with Mr. Jenkins responding affirmatively.

General Fund
Budget Analyst Mary Brant advised the rolled back/rolled forward millage rate for the General Fund is 4.2891 mills, and the tentative millage rate is 4.2796 mills, representing a 0.22% decrease.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for the General Fund at 4.2796 mills. Motion carried and ordered unanimously.

Library District
Ms. Brant advised the rolled back/rolled forward millage rate for Library District is 0.7471 mill, and the tentative millage rate is 0.7385 mill, representing a 1.15% decrease.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Library District at 0.7385 mill. Motion carried and ordered unanimously.

Mosquito Control District
Budget Analyst Shai Francis advised the rolled back/rolled forward millage rate for Mosquito Control District is 0.2230 mill, and the tentative millage rate is 0.2230 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to grant approval of the FY 1997-98 millage rate for Mosquito Control District at 0.2230 mill. Motion carried and ordered unanimously.

Chairman O'Brien inquired what will happen to the budget if the encephalitis threat gets worse; with Mr. Jenkins responding there are significant reserves, and the Board could approve use of the reserves.

Fire Control MSTU
Ms. Francis advised the rolled back/rolled forward millage rate for Fire Control MSTU is 1.5864 mills, and the tentative millage rate is 1.5864 mills, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to grant approval of the FY 1997-98 millage rate for Fire Control MSTU at 1.5864 mills. Motion carried and ordered unanimously.

Law Enforcement Countywide MSTU
Ms. Brant advised the rolled back/rolled forward millage rate for Law Enforcement Countywide MSTU is 0.8957 mill, and the tentative millage rate is 0.8957 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to grant approval of the FY 1997-98 millage rate for Law Enforcement Countywide MSTU at 0.8957 mill. Motion carried and ordered unanimously.

TICO Airport Authority
Ms. Brant advised the rolled back/rolled forward millage rate for TICO Airport Authority is 0.0257 mill, and the tentative millage rate is 0.0253 mill, representing a 1.56% decrease.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to grant approval of the FY 1997-98 millage rate for TICO Airport Authority at 0.0253 mill. Motion carried and ordered unanimously.

Recreation District 1 MSTU
Ms. Francis advised the rolled back/rolled forward millage rate for Recreation District 1 MSTU is 0.4646 mill, and the tentative millage rate is 0.5290 mill, representing a 13.86% increase.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Recreation District 1 MSTU at 0.5290 mill. Motion carried and ordered unanimously.

Recreation District 4 Operation and Maintenance
Ms. Francis advised the rolled back/rolled forward millage rate for Recreation District 4 Operation and Maintenance is 0.5807 mill, and the tentative millage rate is 0.5807 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Recreation District 4 Operation and Maintenance at 0.5807 mill. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU
Ms. Brant advised the rolled back/rolled forward millage rate for Road and Bridge District 1 MSTU is 0.7922 mill, and the tentative millage rate is 0.7922 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 1 MSTU at 0.7922 mill. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU
Ms. Brant advised the rolled back/rolled forward millage rate for Road and Bridge District 2 MSTU is 0.4440 mill, and the tentative millage rate is 0.4440 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 2 MSTU at 0.4440 mill. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU
Ms. Francis advised the rolled back/rolled forward millage rate for Road and Bridge District 3 MSTU is 0.6688 mill, and the tentative millage rate is 0.6688 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 3 MSTU at 0.6688 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU
Ms. Francis advised the rolled back/rolled forward millage rate for Road and Bridge District 4 MSTU is 0.4880 mill, and the tentative millage rate is 0.4880 mill, representing zero percent change.

Commissioner Cook requested the millage reflect a reduction of 0.27 percent.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 4 MSTU at 0.4867 mill, representing a 0.27 percent decrease. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU
Ms. Brant advised the rolled back/rolled forward millage rate for Road and Bridge District 5 MSTU is 0.7421 mill, and the tentative millage rate is 0.7421 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 5 MSTU at 0.7421 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU Beaches
Ms. Brant advised the rolled back/rolled forward millage rate for Road and Bridge District 4 MSTU Beaches is 0.5952 mill, and the tentative millage rate is 0.5952 mill, representing zero percent change.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 4 MSTU Beaches at 0.5952 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU South Merritt Island
Ms. Brant advised the rolled back/rolled forward millage rate for Road and Bridge District 4 MSTU South Merritt Island is 0.2465 mill, and the tentative millage rate is 0.2465 mill, representing zero percent change.

Chairman O'Brien stated the ad valorem revenue is $14,000; and inquired how a budget can be set for $40,000. Commissioner Cook advised there is cash carry forward from last year.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Road and Bridge District 4 MSTU South Merritt Island at 0.2465 mill. Motion carried and ordered unanimously.

Environmentally Endangered Lands
Ms. Francis advised the maximum permitted by referendum for Environmentally Endangered Lands is 0.2500 mill; the tentative millage is 0.2500 mill; and recognition of percentage increase or decrease is not applicable.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to grant approval of the FY 1997-98 millage rate for Environmentally Endangered Lands (EELS) at 0.2500 mill. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition
Ms. Francis advised the maximum permitted by referendum for Beach and Riverfront is 0.5000 mill; the tentative millage rate is 0.2120 mill; and recognition of percentage increase or decrease is not applicable.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to grant approval of the FY 1997-98 millage rate for Beach and Riverfront Acquisition at 0.2120 mill. Motion carried and ordered unanimously.

Port St. John/Canaveral Groves Recreation Facilities MSTU

Ms. Francis advised the maximum permitted by referendum for the Port St. John/Canaveral Groves Recreation Facilities MSTU is 0.9000 mill; the tentative millage is 0.8525 mill; and recognition of percentage increase or decrease is not applicable.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to grant approval of the FY 1997-98 millage rate for Port St. John/Canaveral Groves Recreation Facilities MSTU at 0.8525 mill. Motion carried and ordered unanimously.

Senior Budget Analyst Neil Boynton read aloud the resolution to adopt final millages pursuant to Chapter 200, Florida Statutes, authorizing the Board to adopt final millages for FY 1997-98. He advised the aggregate rolled back/rolled forward millage rate is 6.7379 mills; the aggregate millage as approved is 6.7377 mills; and the percentage increase or decrease is zero.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution establishing final millages for FY 1997-98, as amended to include correction of Road and Bridge District 4 MSTU millage. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION APPROVING FY 1997-98 COUNTY BUDGET

Chairman O'Brien called for the public hearing on the FY 1997-98 County Budget.

Budget Analyst Alicia Khan read aloud the resolution to adopt final County budget for FY 1997-98 at $518,611,030.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution approving final County budget for FY 1997-98 at $518,611,030. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ESTABLISHING MILLAGES FOR DEPENDENT SPECIAL DISTRICTS FOR FY 1997-98

Chairman O'Brien called for the public hearing on millages for Dependent Special Districts for FY 1997-98.

Library District
Ms. Brant read aloud the resolution to adopt final millage for the Brevard County Free Public Library District for FY 1997-98. She advised the rolled back/rolled forward millage rate is 0.7471 mill; the tentative millage is 0.7385 mill; and the percentage decrease is 1.15%.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution approving final millage rate for the Brevard County Free Public Library District for FY 1997-98 of 0.7385 mill. Motion carried and ordered unanimously.

Mosquito Control District
Ms. Brant read aloud the resolution to adopt millage for the Mosquito Control District for FY 1997-98. She advised the rolled back/rolled forward millage rate is 0.2330 mill; the tentative millage is 0.2230 mill; and the percentage increase/decrease is zero.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution approving final millage rate for the Mosquito Control District for FY 1997-98 of 0.2330 mill. Motion carried and ordered unanimously.

Recreation Special District 4 Operations and Maintenance
Ms. Khan read aloud the resolution to adopt millage for Recreation Special District 4 Operations and Maintenance for FY 1997-98. She advised the rolled back/rolled forward millage rate is 0.5807 mill; the tentative millage is 0.5807 mill; and the percentage increase/decrease is zero.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution approving final millage rate for the Recreation Special District 4 Operations and Maintenance for FY 1997-98 of 0.5807 mill. Motion carried and ordered unanimously.

TICO Airport Authority
Ms. Khan read aloud the resolution to adopt millage for the Titusville-Cocoa Airport Authority for FY 1997-98. She advised the rolled back/rolled forward millage is 0.0257 mill; the tentative millage is 0.0253 mill; and the percent of decrease is 1.56%.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution approving final millage rate for the Titusville-Cocoa Airport Authority for FY 1997-98 of 0.0253 mill. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS APPROVING BUDGETS FOR DEPENDENT SPECIAL DISTRICTS FOR FY 1997-98

Chairman O'Brien called for the public hearing on budgets for Dependent Special Districts for FY 1997-98.

Library District
Ms. Francis read aloud the resolution to adopt final budget for Brevard County Free Public Library District for FY 1997-98 at $16,683,868.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution approving final budget for Brevard County Free Public Library District for FY 1997-98 at $16,683,868. Motion carried and ordered unanimously.

Mosquito Control District
Mr. Boynton read aloud the resolution to adopt final budget for Mosquito Control District for FY 1997-98 at $6,494,770.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to approve final budget for Mosquito Control District for FY 1997-98 at $6,494,770. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize execution of Certified Budget for Arthropod Control for FY 1997-98. Motion carried and ordered unanimously.

Recreation Special District 4 Operation and Maintenance
Ms. Francis read aloud the resolution to adopt final budget for Recreation Special District 4 Operation and Maintenance for FY 1997-98 at $3,097,710.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution approving final budget for Recreation Special District 4 Operation and Maintenance for FY 1997-98 at $3,097,710. Motion carried and ordered unanimously.

TICO Airport Authority
Mr. Boynton read aloud the resolution to adopt final budget for Titusville-Cocoa Airport Authority for FY 1997-98 at $4,167,116.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution approving final budget for Titusville-Cocoa Airport Authority for FY 1997-98 at $4,167,116. Motion carried and ordered unanimously.

Merritt Island Redevelopment Agency

Ms. Francis read aloud the resolution to adopt final budget for Merritt Island Redevelopment Agency for FY 1997-98 at $354,240.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Cook, to adopt Resolution approving final budget for Merritt Island Redevelopment Agency for FY 1997-98 at $354,240. Motion carried and ordered unanimously.

AUTHORIZATION, RE: EXECUTION OF TRIM COMPLIANCE FORMS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the Budget Director to execute Department of Revenue Forms DR-487, DR-420 and DR-422 on behalf of the County, and assemble and transmit all components of the TRIM Compliance Package to the Department of Revenue. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: SUPPLEMENTAL BUDGET RESOLUTION FOR FY 1996-97

Chairman O'Brien called for the public hearing to consider a resolution approving the supplemental budget for FY 1996-97.

Ida Blickley inquired what the Board did about the Clerk's abuse of tax dollars in providing a holiday for his employees.

County Manager Tom Jenkins advised he received response from four of the five Constitutional Officers; three of them indicate they follow the same schedule as the Board; and the Clerk follows the schedule of the court system.

Ms. Blickley commented on the holidays given to the Clerk's employees compared to those given to County employees; and stated all employees should be treated alike.

Commissioner Voltz inquired if there is anything the Board can do; with County Attorney Scott Knox explaining the Clerk is an independent constitutional officer. Commissioner Voltz advised the Board approves the Clerk's budget; with Mr. Knox advising the Board has the authority to approve a budget allowing the Clerk a certain number of dollars which the Clerk can spend as he sees fit, and the Board has the prerogative to cut the budget if it desires. Commissioner Cook advised the Board has a lack of control over budgetary matters of constitutional officers. Commissioner Scarborough advised of past actions of constitutional officers; and stated the Clerk did not close his office on Christmas eve, but ran with minimal staff.

Commissioner Cook advised a large part of the Clerk's operation corresponds to the court system; and that is the way things are set up under the Florida State Constitution. Commissioner Scarborough suggested the Charter Review Commission look at uniformity and parity for all who receive General Revenue funds. Commissioner Higgs suggested the County Manager talk to the constitutional officers concerning holiday leave policies to develop a uniform policy.

Chairman O'Brien advised of inequities in pay policies; and stated anyone receiving a check from the Board of County Commissioners should follow the County policy. He noted the wide variety of pay and holiday policies. Commissioner Higgs reiterated her suggestion to direct the County Manager to meet with the constitutional officers to negotiate uniform policies. Commissioner Cook noted the constitutional officers are autonomous as they should be; but discussion would be good. He advised there is nothing in the law currently that would compel the constitutional officers to follow the Board's guidelines; but the Board can consider it as a budgetary matter. Chairman O'Brien stated if the budget increases of the constitutional officer affects the Board's ability to lower taxes, the people get rid of the Commissioners, not the constitutional officers, and people are not aware which constitutional officers have raised their budgets.

Discussion ensued on inequities in policies for employees, working with constitutional officers to create new policy, cost of extra holidays, inconvenience to public, and ability of public to address Charter Commission.

Chairman O'Brien suggested writing to the Charter Commission to request action be taken on this matter. Commissioner Scarborough advised in the past each Commissioner was asked to speak to the Charter Commission; and suggested deferring taking a Board position. Chairman O'Brien suggested this be put on the list, and other ideas be placed on the Agenda so the Board can unanimously bring things to the Charter Commission; and advised the issue will be on the Agenda in November. Commissioner Cook requested the County Manager find out if the Charter Commission is going to request the Commissioners to appear before it; and stated that needs to take place prior to the Board discussing the issue.

Commissioner Voltz stated an employee should be able to use leave during holidays. Commissioner Cook stated employees can take annual leave whenever they want to; but the question concerned constitutional officers giving additional time off without requiring the employees to use annual leave.

There being no further comments or objections heard, motion was made by Higgs, seconded by Commissioner Voltz, to adopt Resolution approving year-end supplemental budgets for FY 1996-97. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 6:36 p.m.

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

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