MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

 

July 17, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on July 17, 2007, at 9:00 a.m. in the Brevard County Government Center, Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Vice Chairperson Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.  *Absent was:  Chairperson Jackie Colon.

 

Commissioner Voltz stated she provided information from the How Shall We Grow? Project that she has been involved in; Attachment A is what she will be signing on Friday as a member of the Board of County Commissioners from Brevard County; requested the Board read the information before Thursday, and come back Thursday if there are any changes or anything the Board would like to see made; and stated she can then suggest any changes.  She stated Attachment B is a one page document; there was a whole lot of information; now the main issues have been captured; and it was A through F.  She advised she has a meeting on Friday whereby she will be signing the document.

 

Commissioner Scarborough stated there was a presentation at the Metropolitan Planning Organization (MPO) meeting that was fantastic; all the MPO members are going to be getting that data; suggested Commissioner Voltz review such data; and noted it is already done and is a completed product, from the jobs, to where people shop, to the density of populations, and multiple issues.  He stated it is a beautiful planning tool as the County begins to look at things beyond just what is the adjacent zoning; and it is only one of the elements.

 

 

 

Commissioner Voltz advised she is having a meeting on July 23, 2007 with Mitch Needelman and Jim Brown concerning the Amer-I-Can Program; and requested authorization to purchase sodas and ice for the luncheon meeting.  She advised that a sponsor is going to provide the lunch for them.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize Commissioner Voltz to purchase sodas and ice for a luncheon meeting with Mitch Needelman and Jim Brown on July 23, 2007 concerning Amer-I-Can, a program that will be started in the school system, to reduce drugs and crime in the South Melbourne community, as well as Melbourne, Palm Bay, and Satellite Beach High Schools.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz inquired is NASA invited to the August 9, 2007 workshop concerning the space industry update.

 

Commissioner Scarborough stated perhaps there are some key people that could visit with the Board by telephone; there are so many moving parts; inquired how does the Board feel about bringing somebody in to assist it who is at a strategic capacity to see things from the Washington level; and noted it would be a lobbyist-type person, but not to lobby, and give the Board strategic overviews.  He stated the County does not know how long the transition is going to be with NASA; it knows there will be a new administration; it is assuming that State and Defense will be the first to have major changes; inquired who is going to be moving where, where does power shift in Congress, and where do strategic alliances lie; and stated he really does not know.  He stated Lisa Rice and Steve Kolar want to be present on August 9, 2007; Frank Kenney, Guy Spearman, and Nancy Higgs are proposing something with Florida Institute of Technology (FIT); there is a retraining of people role and different groups playing that; and bringing all the teams together is extremely complex.  He advised it should work through the Economic Development Commission (EDC) because it is the Agency the Board funds; Marshall Heard and Lee Solid are working through that Entity; it would be a part of that same integrated approach; and anytime there are changes there are also opportunities.

 

Commissioner Voltz stated the money for that would need to be identified in the budget.  Commissioner Scarborough stated that is why he wants to look at the EDC’s budget because the Board gave it another $600,000.

 

Commissioner Bolin advised she likes the concept and thinks it is necessary, but she is looking at Florida Space Authority or the State for the money because it is not just Brevard County.

 

Commissioner Scarborough stated Brevard County has accomplished more here through the hiring of Messrs. Heard and Solid than the State has accomplished; the name of the gentleman that seems to be popping up is Bob Walker; Mr. Walker was a Pennsylvania Congressman; but he has about six names that have been proposed.  He noted Mr. Heard advised him that Mr. Walker knows the business, but the rest of the people are just lobbyists; and Congressman Tom Feeney was very impressed with Mr. Walker as well.

 

*Chairperson Colon’s presence was noted at this time.

 

 

Parks and Recreation Director Don Lusk reviewed the budget reductions that were suggested in Attachment B yesterday; stated the information is dated July 17, 2007; the Board wanted to talk about fees and revenues; and it is also part of the Attachment.  He stated his experience has been  that  the  Parks  and  Recreation  Department  is one of the most complex budgets he has

 

 

 

 

ever dealt with; the first reduction listed is field and facility maintenance in the amount of $485,798; staff is trying to do the cuts that have the least impact to the public; and the Department staff is not happy with a $2 million cut, but the Department can adapt for many of the cuts that are listed in the Attachment.  He advised the Department would look at mowing, custodial, and any other innovative things that would have the least impact on the public, but provide it either more revenue or a reduction in services that would not have a great impact.  He advised the second reduction is the Community Center and Parks Nature Center hours in the amount of $485,797; the reduction will allow each Center to be open 58 hours per week; the third reduction is the Environmentally-Endangered Lands Center hours and land management services in the amount of $300,000; and the fourth reduction includes administrative support to Countywide Parks and Recreation services in the amount of $150,000.  He stated removed from the reduction list are the Countywide Horticulture and Media staff positions; continued reductions include Senior Coordination/Health & Wellness Services in the amount of $76,000 and Construction Coordinator in the amount of $74,000; the next reduction on the list is elimination of pre-school programs in the amount of $228,663; and elimination of staffing at dog parks is $222,166. 

 

Commissioner Voltz stated she does not know if the Board wants to put itself in a liability situation. 

 

Commissioner Scarborough inquired about opening a new dog park unstaffed on a trial basis.

 

Commissioner Nelson stated those things happen; dog owners accept that it happens; nationwide charging is the exception as opposed to the rule; and dog owners accept the responsibility when they use the dog parks.  He noted the original basis of the recommendation from the Committee that did the research was that the parks were going to be unmanned; he supports the dog parks; they are viable; and he supports having the dogs off leash with no charges and unattended.

 

Mr. Lusk stated the option would be to take an existing dog park and experiment with it. 

 

Commissioner Scarborough stated Commissioner Nelson is making him reconsider whether the County needs manned dog parks.  Commissioner Voltz stated she does not think the County needs dog parks; and she is a dog person and loves dogs.

 

Commissioner Bolin stated she likes the dog parks, but she does not think the County needs to man them at this time.

 

Chairperson Colon stated unattended is not going to cost the County anything; it allows people to have an area where they can bring their dogs; the County is liable with anything, including parks and golf courses; and signs could be placed at the dog parks.

Commissioner Voltz commented on the County being in competition with the private sector.  Commissioner Scarborough stated Brevard County is in competition in many cases; he has had complaints from the private sector that the County is unfairly competing; there are multiple issues that have their own complexity; and he likes the idea of moving not to a degraded system, but a more paying system for those persons who are enjoying the parks to a greater extent and can afford to pay.

 

Commissioner Voltz stated it is about prioritizing because it is all about what the Board is going to spend its money on, and what does it want to be in business to do as government; that is what it is having to do right now; and those two things are vitally important in all the decisions it makes here today.

 

Chairperson Colon stated the County is restructuring and being innovative; and as a Board it needs to do that outside-the-box thinking.

 

Commissioner Bolin inquired as a reduction, does the Board need to make a change in Policy; with Commissioner Scarborough responding it is a change in Policy that the Board is not going to have the dog parks supervised.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve not staffing the dog parks.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated the County has a fee structure, the non-profit rate, and then the non-profit rate which is waived; one of the things he would like the Board to consider is if it has a fee structure in place, that it take away the waiving process, because in effect, it is supporting fundraising; while that is commendable for the Board to do that, one of the biggest criticisms it gets is that it contributes to charities by doing that; and citizens have said it is their money, they will contribute to whatever charity they want, and the County should not be taking their tax dollars to contribute to charities.  He noted he would like to see the Board follow the fee schedule; Mr. Lusk is going to go through the process of amending that on a case-by-case basis; and the one thing the Board can do that will allow it to get some more money will be to do away with the fee waivers.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to abate the portion of the fee schedule that allows for waivers; and direct Parks and Recreation Director Don Lusk to bring the Policy back to the Board, minus the fee waiver portion.  Motion carried and ordered unanimously.

 

 

Mr. Lusk explained the increase in other operating expenses in the amount of $116,900; stated it  is a balancing figure and is an addition to the budget rather than a reduction; Johnny Johnson

Nature Center Park can be reduced in the amount of $330,000; and the Parks and Recreation Department has the money in this year’s budget to do that and give it back to the General Fund in order to balance the budget.  He advised regarding the $2,085,524 in Attachment B Reductions, staff would like the flexibility to rearrange it in a fashion that is best for parks and its customers, rather than taking it exactly as it is listed on Attachment B.

 

Commissioner Bolin stated she would like to look at adding in another reduction in the Parks and Recreation Department’s budget; it includes the outside agencies the Board has been funding; she would like to have a 10% across-the-board reduction to all of them, such as what the Board is doing with the Community Based Organizations (CBO); and under the Parks and Recreation Department the Brevard Cultural Alliance (BCA) is included.  She stated she is trying to set a standard amount to all of the outside agencies.

 

Discussion ensued concerning the Aquatic Programs, Community Cultural Grants Program, Special Events Programs, employee layoffs, no salary increases, quality of life in Brevard County, Space Program, new technologies, reviewing all the component parts and how they work together, cultural arts, and recreating County government.

 

Chairperson Colon stated the State decided all the way to the last minute to try to come up with some kind of formula; one of the things staff said to the Board time and time again was that it was going to be a moving target; staff was always worried about giving the Board numbers; but the Board kept requesting numbers, which is where the whole confusion has come.  She stated the State is telling the County now to change the quality of life of its community, anywhere from $17 million to $20 million worth of cuts, and yet it expects Brevard County to come up with a preliminary budget in just weeks; it has been a moving target for the Department Directors also; and it has been very frustrating for the Board and Department Directors.  She advised it is her understanding now that all the numbers are in; the State shares, grants, and everything are finally in; and now the Board has to figure out the kind of direction it is going to give to the Department Directors.  Chairperson Colon stated the budget deficit for the County is $10.3 million; one Constitutional Officer needs $7.7 million from the Board; another Constitutional Officer needs $1 million; and $1.5 million is for the Courthouse.

Assistant County Manager Stockton Whitten stated $7.7 million is for the Jail, Mental Health, Medical, food contracts, and the fourth tent; and the Supervisor of Elections is $645,000.

 

Chairperson Colon stated $4.5 million in reductions were made last week; $7.3 million was a General  Fund  transfer  reduction; and  the County has come up with $12.8 million in reductions

so far.  She noted the Board as of right now has already achieved what it needed to achieve for its end; but 43% goes to the Constitutional Officers; and if the Board did not want to take any action at all for any Constitutional Officer, which is not the real world, it would be done and everyone could go home.  Mr. Whitten stated that is correct, the Board has  a  balanced  budget

proposal.   Chairperson   Colon   stated   because   it   is   the   duty   of   the  Board  of  County

Commissioners, it has to go ahead with the mandates and come up with these dollars; the County is being accused of spending so much money; this year is a perfect example of where all the dollars have been going; every year the Board has given millions and millions of dollars to the Sheriff’s Department, which is very well deserved; and there are rumors that the Board is cutting the Sheriff’s budget, but it is not true.

 

The Board discussed voted millages for parks referendums, parks operations, generating additional monies to finish projects, maintaining parks, debt millages, General Fund allocations, operating millages, reduction to the aggregate rollback, Taxing Districts, Department of Revenue (DOR) and Truth In Millage (TRIM) Compliance Office, tentative millage, projected millage percentage increase/decrease compared to rollback/roll forward millage, State mandates, Law Enforcement Municipal Service Taxing Unit (MSTU), Special Election, DR-420 Form, General Fund transfers, Fire Control/EMS millages, salaries and fringe benefits for Sheriff’s Office personnel, Chapter 120 Rule Challenge and Variance Procedure, Legislation and Rule implementation, Road and Bridge Municipal Service Taxing Units (MSTU’s), and balanced budget.

 

Commissioner Scarborough inquired if Brevard County violates the State law, does it lose $12 million; with Budget Director Dennis Rogero responding approximately $25 million.  Commissioner Scarborough stated the Board could go through all the cuts and by failing to handle the 7% for the Sheriff’s MSTU correctly with a vote, next Tuesday it could lose another $25 million because it violated the law.

 

County Attorney Scott Knox stated the answer is basically the County has to do what the State tells it to do.  Commissioner Scarborough noted the trouble is what is the State telling Brevard County to do; and that is what scares him.  Attorney Knox stated once the State decides what it is that the County has to do then it has to do it because it has no basis for challenging it. 

 

Commissioner Scarborough stated if the Board does something wrong, it is Brevard County that suffers the ramifications; relying on the State can be to the County’s detriment, but that is all it can rely on; when the Board comes to vote on a 7% increase, literal reading says it does not have the authority to enact that increase; and it has to be by referendum.  He noted the TRIM notice goes out; all of a sudden the County is running towards the final hour; and if something comes in subsequently, the ramifications are profound.

 

Commissioner Voltz inquired can the County contact some of its State Legislators and find out if that is what they intended; stated at least it would give the Board a better understanding of what the State intended; and she would feel comfortable if the State Legislators said this is what they intended concerning the 9% of the aggregate versus the 9% on each individual millage.

 

County Attorney Scott Knox stated the important people to listen to in this particular case is going to be the DOR because it has been given the authority to implement the Statute as it reads it; and it is responsible for reading it.

 

Chairperson Colon stated Brevard County needs to protect itself and needs to go further; and it could put something in writing to the Attorney General that it has great concerns.  Attorney Knox advised the Board wants to ask the DOR.  Chairperson Colon stated the Board needs to send a letter to the Governor and Attorney General Bill McCollum to make it perfectly clear that it has concerns of being penalized for any decision it might make; the Board is trying to do what has been mandated; and time is of the essence. 

 

Attorney Knox advised the County needs a DOR Emergency Rule telling the Board what it is it wants the County to do; and the Board can petition to initiate it if it wants to.

 

 

The meeting recessed at 11:15 a.m. and reconvened at 11:40 a.m.

 

 

Commissioner Nelson stated he thinks the Parks and Recreation Department is going to find itself compelled to continue a certain level of service; he is comfortable with the level of cuts that they have made today; the Department can go back and work on it; and he believes it needs to go through the fee schedule, get whatever it can, and reasonable fees that do not, in effect, start curtailing usage of facilities.

 

Commissioner Scarborough inquired how much does Commissioner Nelson believe can be reasonably generated in additional fees.  Commissioner Nelson responded the 10% that the Parks and Recreation Department staff has said; and stated some of the strongest programs are in areas where they can least afford to pay it.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Parks and Recreation Department’s Revised Budget Reductions, for total amount of $2,085,524.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough stated he votes reserving the option to change any time between now and September 18, 2007. 

 

 

 

Chairperson Colon inquired what is the bottom number for Library Services Department. 

 

Library Services Director Cathy Schweinsberg responded the bottom line is $2.418 million.

 

Commissioner Scarborough stated there are two things that he would like Ms. Schweinsberg to pursue; one is she has meeting rooms; a lot of times they are public free; conceivably there could even be people doing things of a commercial nature, such as some tax planning seminar; and they are getting clients, but may be using the  County’s  libraries.   He  advised  the  County

does not need to subsidize that; and requested Ms. Schweinsberg come back with some thoughts on that.  He stated he believes the County is going to use more and more volunteers; but he is not convinced that Brevard County does not do a disservice to the community when it does not reach out and try to include people as volunteers.  He noted he does not know who is the most creative in the country, but he believes government is being reinvented; he wants to reinvent it to be not less, but more, and maybe do it differently; and maybe there are things that other people are doing.

 

Ms. Schweinsberg stated the libraries rely heavily on volunteers; and last year they had the equivalent of 22 full-time equivalent employees, which her Department did not have to come to the Board and ask for; and the volunteers love to come to the libraries.

Commissioner Scarborough stated the libraries could have additional revenue by selling things symbolizing the library concept.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the Library Services Department’s Budget Reductions, for total amount of $2,418,876.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough requested Ms. Schweinsberg find and give some projections of revenues the libraries could produce; stated he believes it is probably more than just revenues; and it may engage the community more if they are home and have their library cup, library bag, and things like that.

 

Ms. Schweinsberg stated her Department has a list of additional fees going, so it will continue to consider other options.

 

 

 

Finance Director Stephen Burdett stated he is impressed that the Board talks about reserves, recurring, and non-recurring; and he is glad to hear it. 

 

Commissioner Scarborough stated he understood that the County was at $15 million in reserves and it was going to increase it by something a little over $1 million, not reduce it, but not increase it; and leave it status quo from this year to next year.  Mr. Burdett responded that would be fine.  Commissioner Scarborough inquired does Mr. Burdett see any reason that Moody’s, Standard and Poors, or whom else looks at Brevard County, would have a problem with the County doing that.  Mr. Burdett responded negatively; advised the graphs he showed the Board at the last meeting he was here, the cash continues to grow; that is one of the things that  the  rating  agency told him it was very impressed with; the only concern it had about really

not going in and giving an upgrade to Brevard County were all the issues going on in Tallahassee  and  how  the County is going to deal with it, as well as they are looking at all other

governments to find out how they are going to deal with it also; so they are all in the same predicament.  He advised $1 million would not make or break it.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve not adding $1 million to next year’s proposed budget reserves.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson requested staff provide a report to the Board on the pros and cons of a reserve at 7%, which is about where Brevard County is. 

 

Mr. Burdett stated rating agencies understand if the County sets its goal at 10% that it is not going to achieve it tomorrow; it takes time to do it; what they are mainly going to want to see is what the County is doing in terms of progress; so just because it is at 7% now and the County’s goal is 10% does not mean it has to lower it to 7%; and it is good to have that goal in there because that is the generally accepted goal anyway for all governments.

 

Commissioner Scarborough inquired do the rating agencies wish that local governments have a 10% goal; with Mr. Burdett responding affirmatively, it is considered a reasonable goal.  Commissioner Scarborough inquired is 7% not necessarily as reasonable; with Mr. Burdett responding it would not be looked at as positive.

 

County Manager Peggy Busacca advised that the Board has made $17.3 million worth of decisions so far.

 

Discussion ensued concerning expansion of the Courthouse, General Government Revenues and Expenditures, Constitutional Officers, General Fund, and operating budget.

 

Chairperson Colon inquired what is the number in regard to the Unions and the salaries; with Budget Director Dennis Rogero responding $1.3 million.  Chairperson Colon inquired based on the Contracts and obligations, is the number $1.3 million; with Mr. Rogero responding it is $1.3 million in the General Government.  Mr. Rogero advised the $1.3 million is what staff has identified in General Government for the obligations under the collective bargaining, with one exception, and that is the funding for the Fire obligations, which are within the Fire Budget; and that is $591,000.  Chairperson Colon inquired is the $1.3 million in the budget.  Mr. Rogero responded the $1.3 million is the General Fund ad valorem component separate from Fire; and it is similar to the $1.5 million in the Courthouse.

 

Ms. Busacca advised in addition, there is $1.3 million for the Sheriff and the LIU in the General Fund, for a total of $1.8 million; they are budgeted dollars; and those are all Contracts.

 

Chairperson Colon stated the request by the Board has been for a 9% reduction from the Property Appraiser’s and Tax Collector’s budgets.

 

 

Commissioner Scarborough requested the Tax Collector not undertake any major capital expenditures because it would bring more money back to the County.

 

Ms. Busacca inquired is there any information specifically or any Departments that the Board would like to talk about on Thursday.

 

Commissioner Scarborough stated he would like to go back to the Courthouse; he does not know where the staff is with that information; he finds the Courthouse issue to be very complex, how it impacts the Judges, and the different scenarios with the State Attorney and Public Defender; and he does not know if he knows where the County is going with that.

 

Commissioner Voltz stated the County needs to find out about the figures of the 9%; it is going to have to rearrange everything if that is the case; so for right now, she does not know that there is a whole lot more it can do until it gets something specific from the Department of Revenue.

 

Commissioner Scarborough stated one thing he would like to fully understand is if the County is going to have to have something besides majority votes, if there is a need for a referendum, and how it would deal with that with the timeframe; and it is critical.

 

Commissioner Nelson requested Ms. Busacca review the consolidation of the Historical Commission with the Parks and Recreation Department; stated there are some resources there that could be utilized; and it is not a case of diminishing the service, but maybe assigning some of those responsibilities in a different fashion that end up with a savings.

 

Mr. Rogero stated typically what staff would provide to the Board are any changes the Board has taken a vote on regarding the balanced proposed budget it received yesterday; in the balanced proposed budget there were $21 million worth of reductions; and any changes to those reductions that the Board voted on today is what he would envision would be included in the next document the Budget Office sends to the Board.

 

Chairperson Colon stated it is important for the Board to have the information in a timely fashion and to be able to see very clearly that it does not need to be looking at something that it has already taken action on; and Attachment B is the one she is referring to and not Attachment A.

 

Ms. Busacca advised staff can modify Attachment B for the Board and provide a summary of what is left.

 

Commissioner Scarborough stated the Board may want to discuss Road and Bridge issues also on Thursday.

 

Commissioner Nelson inquired does the County have an idea when it is going to get a ruling or any indication from Department of Revenue on the question for the millages; with Assistant County Manager Stockton Whitten responding negatively.  Mr. Whitten stated he will try to work that today.

 

 

 

 

 

 

County Attorney Scott Knox stated the Statutes seem to say that counties have to read the millages individually, but there is a form the DOR supplies that says counties do not have to treat the millages individually; so where it is, County staff does not know.

 

Commissioner Voltz stated Attorney Knox mentioned earlier that Brevard County could get an emergency hearing or an emergency answer.  Attorney Knox responded the County can petition to seek an Emergency Rule so it knows which way to go.  Commissioner Voltz stated the County needs to do that.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct the County Attorney to file a Petition for Declaratory Statement and alternatively for Emergency Rule from the Department of Revenue (DOR) concerning the question on the millages and how Brevard County is supposed to do them.  Motion carried and ordered unanimously.

 

 

Chairperson Colon stated the workshop on Thursday is scheduled for 9:00 a.m.  Attorney Knox advised there is an Executive Session at 11:30 a.m. on Thursday also.  Chairperson Colon inquired what else is the Board going to be discussing in regards to the courts.  Commissioner Scarborough stated he has the question of the difference between amortizing 20 and 30 years; the County has a lawsuit from the Public Defender and it needs to respond to it; there is the Law Library moving around; and the Board is not able just to deal with one thing.  He noted as it moves one thing around, it creates costs with others, a lot of costs it has not considered; there are so many unknowns; and he does not think, even if the County did not have a budget crunch, that the Board could just walk away from the Courthouse issue without discussing it further.  He suggested Mark Van Bever, J.R. Russo, Norm Wolfinger, Scott Ellis, and Steve Burdett need to be at Thursday’s workshop.

 

Assistant County Manager Stockton Whitten stated when staff did the 20-year amortization, it was a little over 1.5; and a 30-year amortization is a little over 1.2. 

 

 

 

Upon motion and vote, the meeting adjourned at 1:05 p.m.

 

 

                

                                                                  __________________________________

                                                                  JACKIE COLON, CHAIRPERSON

                                                                  BOARD OF COUNTY COMMISSIONERS

                                                                  BREVARD COUNTY, FLORIDA

____________________

SCOTT ELLIS, CLERK

 

 

 

           (S E A L)