January 17, 2001

The Board of County Commissioners of Brevard County, Florida, met with the Brevard County Legislative Delegation in special session on January 17, 2001, at 1:00 p.m. in the Brevard County Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O’Brien, Nancy Higgs and Jackie Colon, County Manager Tom Jenkins, County Attorney Scott Knox, Representatives Randy Ball, Mitch Needelman, Bob Allen, Mike Haridopolos and Senator Bill Posey.

OPENING COMMENTS, RE: INTRODUCTIONS

Chairman Sue Carlson requested the Legislative Delegation introduce themselves. Representative Randy Ball advised he represents District 29, and is a member of the Education/Innovation and Agriculture Committees, Co-Chairman of Reapportionment for the House Districts, Chairman of Criminal Justice Appropriations Committee, and member of the Fiscal Responsibility Council and Juvenile Justice Committee. Senator Bill Posey advised he represents District 15, and is a member of the Banking and Assurance Government Oversight and Productivity, Ethics and Elections, Congressional Reapportionment and Redistricting, and Joint Administrative Procedures Committees. Representative Bob Allen advised he represents District 32, and is a member of the Council for Competitive Commerce, Transportation and Economic Development Appropriations, Health Promotion, Workforce and Technical Skills, and Tourism Committees. Representative Mike Haridopolos advised he represents District 30, and is a member of the Utilities and Telecommunications, Health Regulation, Fiscal Policy and Resource Appropriations Committees, and Joint Committee on Intergovernmental Relations. Representative Mitch Needelman advised he represents District 31, and is a member of the Criminal Justice Corrections and Public Safety Appropriations, Colleges and Universities, Natural Resources and Environmental Protection, and House Redistricting Committees. Chairman Carlson stated County Lobbyist Guy Spearman is also present; the workshop will hopefully provide two-way communication between the Legislative Delegation and the Board; and there are 17 items in the Legislative packet, which will be discussed today.

DISCUSSION, RE: FUNDING

Representative Randy Ball stated the biggest issue this session will be budget pressures; last year there was $2.9 billion of discretionary money to spend; the Delegation told the people that gathered in its chambers that there was no money; but the money was there, and it was a matter of priority and whose project should get the most priority. He noted this year the Delegation does not have any money; the $2.9 billion last year was spent on the Everglades, Mobility 2000, and intangible tax reduction; the Kids Care Insurance Program was expanded by $180,000 or $200,000 last year; but nobody was coming to take advantage of it, so the Delegation started an outreach program to make house calls inquiring if certain individuals were eligible. He stated there were many eligible Medicaid individuals who were signed up; there is a leftover bill for the new Medicaid eligibles of $360 million which has to be paid this year; there is another $600 million to maintain Kids Care and the Medicaid eligibles recently found; and the total bill is $960 million, which was not expected, that the Delegation must deal with. He noted it is coming in the face of an economic prognosis that is not as beautiful as it was last year; the sales tax receipts for the holiday shopping in December, 2000, were $50 million below what was expected; added to that is the Article V shift where the State has taken over some of the major costs in the court system; and it has to be finished in 2004, but not much has been done. Representative Ball stated if the proposed first phase is done, the State will be taking $109 million of Article V funds; the High Speed Rail will be $100 million a year; the Delegation has pressures it needs to deal with; and other key items include election reform and nursing home crisis. He noted he has been told that the liability carriers are saying the Delegation is either going to pay astronomical fees or they are not going to keep them on the rolls any more; many carriers are leaving the State; he was told this morning by an individual who has attended all the task force meetings on the long-term care situation that all the liability carriers are out of the State of Florida now; so they are leaving Florida, and the Delegation has to deal with the nursing home crisis. Representative Ball advised that is the backdrop of the coming session.

Commissioner Colon stated she is thankful the Board is having this opportunity; the constituents appreciate it and it means a lot to them; and she hopes workshops between the Board and Delegation will be held on a regular basis.

DISCUSSION, RE: ELECTION LAW ISSUES

Supervisor of Elections Fred Galey stated the County found out from the last election held November 7, 2000, that a lot of problems do and can occur on Election Day that probably would never show up unless there is a very close election. He stated there have been close elections in cities where hand recounts have been done, and there was a separation of one or two votes; when hand counting ballots of 200 or 300, it is not that difficult of a task; but when looking at hand counting the entire State, it is a very big task and can lead to discrepancies of interpretation. He noted it is something the Supervisor of Elections Office has always been aware of; the voter has a personal responsibility when it comes to marking the ballots and filling out the voter registration forms; Brevard County needs to keep the voting machines as simple and easy as it can for the voters to use as there are different abilities out there; and requested the Board and Delegation keep that in mind if they decide to go ahead with a Statewide system. Mr. Galey advised there is only one State in the Nation that has a uniform Statewide system, which is Oklahoma; and it has a Statewide precinct ballot tabulator optical scan system. He stated everyone learned a lot about the policies they have; elections and politics are local, but it has a significant Statewide and National impact when it comes to counting the ballots; the Board and Delegation knows the process Brevard County went through to try to get the voting system changed; and he is glad it did, as it paid off on this election. He advised Brevard County was the third highest turnout in the State; of the 67 counties in the State of Florida, 26 counties are still on the punch card, lever machine, or paper ballots; there are 41 counties in the State that have optical scan systems, of which 26 are precinct counters and 15 are central counters; there are 17 counties that have systems identical to Brevard County; and nine counties have systems like the Orange County system. Mr. Galey stated another thing that is going to make the punch card obsolete occurred in 1998 which was the ballot excess issue; it led to some of the confusion this time with 11 people running for President; Hillsborough, Palm Beach, and Duval Counties were maxed out; that is what led Palm Beach and Duval Counties to have the double-faced butterfly ballot; and it used up all their punch positions they had on the card. He noted it is going to make such counties’ systems obsolete as the ballot excess continues to grow; Brevard County was very fortunate with its system; it had 136 over votes and 277 under votes in the 219,000 ballots cast; the Miami Herald wants to look at the under votes; and they are still in the process of negotiating how much the Miami Herald is going to pay for him to separate them out. Mr. Galey stated he believes the optical scan system will stay; he has heard a lot of discussion about the ATM-type touch screen systems; Microsoft and others have jumped into the business; and the County will see a lot of changes that may bring the cost down. He stated Brevard County spent $1 million to upgrade the system; had a touch screen system been available, it would have probably had to spend $7 million or $8 million; the second primary is a big cost and creates difficulties, especially with his Office because of the overseas ballots; and his Office has to send advanced ballots 45 days in advance. He requested consideration of eliminating the second primary; stated it would eliminate the need to mail out advance overseas ballots; they need to decide if they want the absentee ballot to be an alternate way of voting; and the State of Washington does mail ballots. Mr. Galey stated absentee ballots have become an abused-type system; voting absentee is for those individuals who are supposed to be out of town and out of their precinct; there were 32,000 absentee voters in the last election; and it created the difficulties and some of the court cases that occurred. He noted he treats the absentee requests and the ballot the same; once his Office has it, it belongs to them; if individuals did not fill it out right to start with it falls back to personal responsibility; and his Office did everything they could to get the ballots out to the individuals. He stated the central voter file needs to be reviewed; when it was established he had some concern and still does; the election records change every day; and unless his Office can get real time on the central voter file and the updating process, it creates difficulties. He advised such file is used in Tallahassee by other organizations for doing mail outs; it is probably 15% in error all this time; associated with it is the tie-in with the felons and other things, such as the Office of Executive Clemency; they are still a shoe-box operation and have done a lot of things with the Division of Elections; but they are still having a lot of problems. He stated it ties in with the Clerk of the Circuit and County Courts; when somebody is accused of a felony, it gets reported to Florida Department of Law Enforcement (FDLE) and may get plea bargained to a misdemeanor; if it is never updated in Tallahassee, somebody may be listed as a felon who is not because it was plea bargained; and it creates difficulties. He noted he reviewed one bill the Board asked him about concerning voting on the Internet; it is possible, but may be some time away because of voting access and security issues; there have been tests run in New Mexico and Canada; and it works, but individuals need new pin numbers for every election which gets expensive as they have to be mailed.

Commissioner O’Brien stated a newspaper article indicated the State is looking at perhaps funding those counties that are still on the punch card system; and if that is the case, counties such as Brevard County that have already made a $1 million investment in new machinery should get reimbursed for the same cost that any county would receive. He noted the counties that did not make that investment should not be getting a free ride.

Representative Ball stated there is a task force appointed on the issue; the whole issue has been blown out of proportion by the publicity and is a typical political over reaction; when discussing a figure of $40 million helping a county change, it is absolutely ridiculous; and he will not support it unless they reimburse Brevard County. He noted he is not for funding anybody’s machines; perhaps there needs to be a Statewide standard as uniform as possible, including whether or not to count dimples, pregnant chads, or any kind of under vote, count them all or count none, but do one or the other; and if over votes are going to be rejected, then under votes should be rejected as well. He stated he understands the difficulty with the second primary; if there is a district of one political persuasion on the spectrum and four of the candidates are in line with their district and one is way off base, and the four dilute the vote so that the other one wins, it is a seversion of the elections process; and there needs to be the second primary to prevent that from happening.

Senator Posey advised there are 160 Legislators in the House and Senate, and 160 different agendas of what needs to be done to straighten out the voting process; the Delegation received copies of the Governor’s Blue Ribbon Task Force yesterday; there will be public hearings around the State; and they will try to do the most logical thing. He noted concerning a Statewide standard, that is a State mandate on local governments with money attached to it; Palm Beach County should not have a financial crisis over buying its own voting equipment; Brevard County did not relish the thought or look forward to spending that money, but it did so because it was the right thing to do; and it is a Palm Beach County problem. He advised the Governor was criticized in the media recently because he did not do anything about the elections process in the various counties; they have respected that as a home rule responsibility; every county has a supervisor of elections; and if they bungle the process then they should not have them. Senator Posey stated if a county has a high rate of people incompetent of punching a card, they are incompetent to judge the competency of their supervisor of elections; and some counties have made it obvious that there should be a standard with a minimum of mandates, but some standard to ensure that every vote counts the same around the State.

Mr. Galey advised Brevard County had a standard, but it was waived a lot because of pressures. He stated with the Data vote punch, the punches were much clearer than they are with the single card and the stylus punch which hang up quite a bit.

Representative Allen stated his voting machine worked fine when he voted in his precinct; and inquired does Mr. Galey’s voting machines have a point at the poll to where they will reject an improperly voted ballot. Mr. Galey advised the machines reject the over votes at the polling place. Representative Allen stated that is the key; and he commends Brevard County for having that system which helps people in the voting process. He stated in the House he has heard, for those counties where political pressures are, they want to bring a standard to the State to bring them all into solid play in 2002; they would be loan capable and have to pay it back to the State; and the counties, such as Brevard County, that have already done the right thing would not be penalized by someone else getting grant money.

Commissioner O’Brien stated Mr. Galey came before the Board with a cost schedule; it proved to the Board that across a period of 10 years, the machines would pay for themselves by the savings accrued having to use fewer people, less paperwork, less expensive computers, and trade-in value of the old equipment; other counties may want to learn from Mr. Galey the financial aspects of what they can do without costing their county an enormous amount of money; and the price tag was $1 million, but the savings alone across a period of time was over $1 million. He noted Mr. Galey deserves a big thank you from the people of Brevard County for the great job he did in proving the capability of the machines. Mr. Galey advised the Board bought the machines; and Chairman Carlson responded the Board will share the credit.

Commissioner Scarborough stated there is a group of people who still like to be able to vote none of the above; there is an assumption that there is a great passion for the candidates; they are failing to give the message when neither party is bringing forth credible candidates; and inquired how does one tell the parties that they are not bringing forth credible candidates. Senator Posey advised such issue has been debated many times.

Representative Needelman requested background on the standardization the State of Oklahoma is using; with Mr. Galey responding the State purchased identical machines for every county in the State, similar to the machines used in Orange County. Representative Needelman inquired about the loss of overseas military votes. Mr. Galey responded the ones Brevard County ended up losing were Statute problems because the rules were not followed; some ballots were not signed or witnessed; and the 20 ballots that had to be debated were due to postmark problems.

Mr. Galey advised the certification date is seven days after the election; the overseas absentee ballots are certified 10 days after the election; it has never been a problem and has not affected an election; and this election was close which is why there was protest. He stated if his Office mails the ballots overseas and knows where they are and where they get them back from, they should be counted if they meet all the other Statute requirements, i.e. signed and witnessed properly.

Chairman Carlson stated the process went wonderfully; she sat on the Canvassing Board, which was an educational opportunity; everybody learned a lot from this election process; and she is thankful Brevard County had the equipment to do the job right. She expressed appreciation to Mr. Galey for his efforts.

Commissioner Colon stated when discussing standardizing the entire State, it is scary as Brevard County spent close to $1 million; if it is not good enough for Tallahassee, the County may be faced with standardizing what government will want to do; it may end up spending a couple million dollars more in the future; and it needs to be careful and balance everything. She noted she hopes everyone works as a team, as this is a sensitive issue; the County is able to stand proud that it obtained its present voting machines; and it would have been behind the eight ball a year and a half sooner. She stated the State would have been mandating that Brevard County upgrade its system; it would have been scrambling because of the needs in the community; it would have had to figure out what is more of a priority, the infrastructure of the community or the social needs; and when there is a State mandate, it puts a struggle on the County and municipalities. Commissioner Colon stated the County’s system worked; and hopefully the State will consider that versus having a standardized system in the State. Commissioner Colon stated she has told the community that there is a grass roots delegation; and she hopes the Delegation always keeps the lines of communications open with the Board, so it can tell the Delegation the struggles it has locally.

DISCUSSION, RE: RESTRICTING

Representative Ball stated with population growth, they have to fit it all into the constitutionally-prescribed districts that will remain 120 representative districts, 40 State Senators, and 435 Congressional seats; and they need to redistrict to accommodate the population growth. He noted Florida will get a second Congressional seat; New York is losing some; the Delegation is waiting for the April, 2001 update on the Census data; and it will be the final update. He stated it will help breakdown how the population grew in individual counties and districts; after the Census update, they will begin to input all that data into the computers; the Delegation will commence at the end of session from May, 2001 to early July, 2001, traveling to 31 locations around the State; there will be 31 public hearings to get input on issues as to whether Brevard County should be represented by two Congressmen or one; and if there is only one, do the people only want one voice representing them in the space industry or would it be good to have two voices. Representative Ball stated the session of the Florida Legislature is set by Constitution--March and April; it will be changing for the reapportionment and they will probably meet in January; they will meet as long as they need to to get this done; and they hope to be done by the end of session in April, 2002, with a Congressional Primary four months later. He noted it is hard to run for a district when one does not know the district lines until a few months before the primary; if warring ambitions cause them not to bring resolution, it goes to the courts and gets delayed a little longer; and it is not a prediction, but is how it may fall out.

Representative Needelman stated he assured the Co-chair of the House Redistricting Committee that he would be able to spend the time and effort as necessary to review the process completely; he will be visiting all the locations in a short period of time; 31 meetings in less than 60 days is every other day; and the Board will have good representation as he will have the ability to do that and has offered his services to the Co-chair.

Senator Posey stated something that will make the Congressional Reapportionment more critical is the fact that they will probably pick up an extra Congressional seat for Central Florida; but is going to make it contentious over whose turf it is going to come out of. He stated the reapportionment process of 1992 was the straw that broke the camel’s back; it was such an abomination of what they did to the city he lived in that it basically got him in the race; and he had to see that it did not happen again. He noted the Justice Department says that one can gerry mander districts to give fair representation to minorities; one district thrown out by the Supreme Court or the Justice Department can cause House, Senate and Congressional Districts to be redrawn; it is critical and a lot of art and science involved in it; and the repercussions are far reaching.

DISCUSSION, RE: TRANSPORTATION ISSUES

Transportation Planning Director Bob Kamm advised the Board has been concerned about I-95 for several years; the discussion on I-95 generally centers on three points, including what can be done to improve the safety of the existing road, what can be done to advance the construction schedule for the widening between Malabar and S.R. 528 which is funded for widening, and what can be done to secure funding long-term for the section of I-95 south of Malabar Road which is not yet committed for widening. He advised the Delegation met with Department of Transportation (DOT) Secretary Tom Barry on Friday; and requested Representative Ball summarize the conclusions of the meeting.

Representative Ball stated the widening of I-95 is still slated to go up to the Beeline in 2008. Mr. Kamm advised the commitment is from S.R. 514, Malabar Road north to S.R. 528, in State FY 2008, which begins July, 2007. Representative Ball inquired is that a change; with Mr. Kamm responding no. Representative Ball stated he thought Mobility 2000 was looking at speeding that up. Mr. Kamm advised the original program of Mobility 2000 had an incorrect definition as the northern limit at S.R. 520; it was a technical error and planned all along to be S.R. 528; it was funded to go to S.R. 528; and the reporting of S.R. 520 was a mapping error only. Representative Ball inquired is the claim that Mobility 2000 is going to elongate the widening up to S.R. 520 a false one, and there is no acceleration in Mobility 2000 that Mr. Kamm has seen. Mr. Kamm responded the Mobility 2000 did that, but it would be at some undefined time after the year 2010; and the additional funds made available allowed that project to move forward several years. Representative Ball stated to move it up further they would have to put a combined fund on DOT and the Governor’s Office; he does not see that happening as everybody wants to move up and expand; DOT has a five-year work plan, but it also plans long range in 10-year increments; it has been planning up to 2010; and the 10-year scheduling shows the widening going up to S.R. 50 in Titusville in 2011.

Senator Posey advised the medians were also discussed, including metal, concrete and natural barriers, at Highway Patrol strength and comparative strength from what it was in the 50’s to the 90’s. He stated they received a commitment that DOT would review the design and elevation of the curve, and provide further information on the appropriate guardrail or divider to have between the north and south bounds to stop the head-on traffic accidents. He advised DOT also indicated it would look at the numbers again to see about moving the timetable up, but it said the accident, injury and fatality rate along Brevard County’s stretch was no greater than that of any other part of the State and was not an extraordinary need that deserved special dispensation, compensation or attention at this point. Representative Ball stated DOT indicated the Delegation would hear something in three to four months.

Mr. Kamm stated the second topic concerns S.R. 528; in February, 2000, the Florida Transportation Commission, which oversees the operations of the DOT, directed DOT District Secretary Mike Snyder to set up a special task force to look at projects that could be implemented to improve regional mobility in the Central Florida area; the County suggested the task force consider improvements to S.R. 528; it has recently learned that the task force intends to include improvements to S.R. 528 within its shortlist of recommendations and projects it wishes to implement; and he is referring to Port Canaveral to I-4 and not just the section within Brevard County. He noted it is critical due to its importance to tourism, economic vitality of the Central Florida area, and evacuation purposes; while there is an intent to move forward on S.R. 528, the County does not know at this point what the funding arrangements will be, whether it can be handled out of current revenue streams or if some other supplemental revenue would be needed; and staff will find out about it next month. Mr. Kamm stated they are starting to look at transportation in a much more regional framework than they may have in the past; he is referring to the entire Central Florida area; and S.R. 528 will be getting more attention in the future than it may have previously.

Representative Ball inquired what does the County see as the critical improvement need for S.R. 528. Mr. Kamm responded there is a real need in the Merritt Island area across the River between U.S. 1 and S.R. 3, and there is a great need in the Orlando area; and a phase 2 would be the stretch in between and widening to six lanes, including bridges, intelligent transportation and travel information systems such as better signage and addressable signs that can be used during evacuation to direct people, and up-to-date information on how to get around for tourists. He noted it requires fiber optics and high-tech infrastructure that is not normally in place, but fits for this kind of roadway. Representative Ball stated Representative Allen is on the Transportation and Economic Development Appropriations Committee; and he will be watching the work plans closely. Mr. Kamm stated the third issue is the Constitutional Amendment on High Speed Rail which was passed in November, 2000; and inquired has there been a strategy formulated on how the amendment is going to be worked through the Legislative process. Representative Ball stated there is a movement to repeal the Amendment; he does not think it will happen; and the Delegation is interested in hearing on how Doc Dockery intends to help pay for it. He stated when such train is implemented, the right-of-way is purchased, and they pay for the train, he has not seen anybody’s estimate that thinks it could ever pay for itself in just the operations and ridership; he does not believe it is going to happen; the last he heard is that the Speaker is meeting with Doc Dockery to get suggestions; someone suggested going into the Transportation Outreach Program dollars; but he is not aware of a task force being established yet. Mr. Kamm stated the County has heard discussion about an interest in establishing a task force to look at what can be done and what the options are, including different technologies, cost scenarios, funding arrangements, and getting the background information necessary for the Legislature to figure out how to deal with the issue. He noted there is some merit in forming a task force to move in that direction.

Representative Allen stated last night the Speaker said he is appointing a task force and perhaps some study money would be given; the proponents of the High Speed Rail were talking about a figure of $100 million to $150 million of subsidy that would have to come annually from the State to pay for it; there would be another $100 million from the feds, which have not signed on anything like that yet; so there is a $200 million to $250 million annual estimate to keep the Rail operating from the proponents hired by the person who did the amendment. He stated any project of this magnitude never comes in under budget or under predictions from the proponent, so it is something of concern; the voters of Florida want to see some type of transportation system that is high-tech, futuristic, and efficient; but they need to be fully aware of what the High Speed Rail is going to cost.

Commissioner Higgs stated the Board recognizes the difficult task the Delegation will have of dealing with this issue; it is not on the County’s Legislative agenda; it will leave such issue and challenge with the Delegation; and transportation is a critical concern of the Board.

Senator Posey stated he has heard the High Speed Rail is going to cost between $3 billion and $22 billion; it will directly impact every county in the State of Florida as it is going to be a matter of who do you take the $22 billion away from to build the Rail, schools or transportation; they do not know exactly where it is going, what it is going to look like, or how much it is going to carry; and it is a very vague and ambiguous structure. He noted there has been some rumor that private industry may buy off on the whole project; it is perhaps with a trade of development rights along the High Speed Rail or at the end points of the Rail, which might be profitable for somebody who would develop the Rail; and it would be an escape valve for the taxpayers of Florida if it came to fruition. He noted it is the brightest star he has seen yet, short of having the referendum rescinded.

Mr. Kamm advised there are two local option revenue sources that are available to counties for transportation improvements; one is the local option gas tax and the other is a local option infrastructure sales tax; it is the view of the Board and Metropolitan Planning Organization (MPO) that the requirements placed on counties to implement those local option revenue sources are too stringent; and they support revising requirements so that more local governments can use those optional sources of revenue that are already in statute. He noted the County would like the Delegation’s response to the suggestion that the requirements to enact the second six cents of the local option gas tax be changed from a super majority vote to a regular majority vote of the Board, and that the enactment of the infrastructure sales tax be moved from a referendum requirement to a super majority vote.

Representative Ball stated there is a conviction that a super majority is sufficient; it is going to take a compelling argument to make it easier to levy taxes; he believes that is where the Legislature is; and it may do it, but the case has to be made which means an education effort. He noted he would not vote for it right now as he does not believe it needs to be easier.

Commissioner Scarborough stated he does not believe the gas tax is going anywhere with the Board; it did not have the votes and decided to put it on a referendum; the proponents of it said to take it off because if the people vote it down by 90:10, they would never see it again; and the Board pulled it on the advice of the people who were supporting it. He noted the sales tax is a dynamic thing; the infrastructure sales tax produces a tremendous amount of money, but the problem is lumping all the projects together; and the Board would be well advised to have a laundry list of items. He stated the people will vote against the whole thing, even though there are several items they like; if the County can proceed with Commissioner O’Brien’s concept, it could easily proceed to sales tax referendum and have it passed; it would be something where a majority of the people would choose those projects they like; and the County would come together with a tax that would meet those particular needs. Commissioner Scarborough stated now the County can only break it into a half-cent; there is not the complete flexibility of letting the projects run it; there is the amount that drives it; and perhaps the County could do a dual step. He noted Brevard County is going to have profound problems, unless it is willing to bring the issues to the public; it did not sell the parks and recreation referendums, but the people who used them did; and they raised money and put signs together.

Senator Posey stated the School Board’s one half mill tax failed; in Santa Rosa County, which is not a very effluent County, it passed; it told the people exactly how it was going to spend every dime of the money; it was a management decision that the people made; and they said if the schools were going to be improved to a certain extent, it was worth it to them and they would pay it. He noted the public does not want to hear “give us more money and we’ll spend it wisely”; they have heard it their whole lives and do not believe it; but if they can have a menu and know exactly where the money is going, they will vote for it if they want to do it; and if they do not want to do it, counties should not do it for them.

Commissioner Scarborough stated the School Board issue was too much directed by the School Administration; the parks items in District 1 were not staff driven, but consumer driven; the sales tax would allow the community to decide for itself its future; and right now the County has been putting things together at the staff level that the community is rejecting. He noted if the County could let the people take their grocery list to the poll; they could vote for or against the items they want; and it would be user friendly. Representative Ball stated he is not sure that Florida Statutes prohibit Brevard County from doing that. County Attorney Scott Knox noted it does, which is the problem. Representative Ball stated the Delegation needs suggestions on what to fix in the Florida Statutes. Attorney Knox stated it requires counties to set forth a lump sum and describe the kinds of projects they are going to do, but they cannot identify a specific amount for each project. Representative Ball inquired can the County sunset the collection of the infrastructure sales tax; with Attorney Knox responding it can probably sunset it, but it cannot identify what it is going to spend it for, which is Commissioner Scarborough’s concern. Commissioner Scarborough stated the public wants line item vetoes and does not like being forced to vote on a package.

Chairman Carlson inquired if the Board goes to referendum for a one-cent infrastructure sales tax, what exactly can it not do. Attorney Knox responded in the past the Board has wanted to take specific projects, list how much it wanted to raise a particular project, and list the projects on the ballot so the public knew exactly which ones they were going to vote for; and it cannot do that the way the Statutes are written. Commissioner Scarborough stated when the public goes to the polls, they want to be able to veto projects they do not want.

Commissioner O’Brien stated the law presently says that a county can buff a referendum for a half-cent sales tax as the minimum; suppose the County said it wants to dedicate eighth of a cent to the jails, eighth of a cent to a social problem, eighth of a cent for beach restoration, eighth of a cent for roads; the half-cent limit cuffs the hands of the County saying to the public it has four questions it wants to ask them; in order to put a referendum out now for one-half cent, it has to say it includes the jail, road improvements and a new bridge; and it becomes a hodge podge and the people say no way. He noted there are some infrastructure improvements the public wants and they are willing to pay for it; but they need to be separated out to let the people make up their minds as to what their priorities are, not only in their own livelihood and paying taxes, but in their quality of life as well.

Representative Haridopolos stated he was elected on the ideal of lowering taxes; the last thing on the freshmen’s minds, when he spoke to them in Tallahassee, is to loosen up the opportunities to raise taxes; he received telephone calls in his office because of a picture at the last Delegation meeting that said Local Officials Approve Tax Increase; and the picture included the Delegation members, but none of them supported the increase. He noted the 63 freshmen’s goal was to get elected to reduce the size of State government; and if the Board wants to vote by super majority to raise the sales tax, that is its option. Commissioner Scarborough advised it can only be approved by referendum; gas tax is by super majority; he sees a sales tax proceeding to referendum if the County can move forward on Commissioner O’Brien’s format being successful; and expressed concern if it goes back to the 1989 format of throwing everything together. He noted the last thing the County wants to do is have the whole thing die, as it would not go back out again for another decade. Representative Ball requested the County give the Delegation clarification on which statutory change it needs to give flexibility within the referendum restriction.

County Manager Tom Jenkins stated from a collection standpoint it would be impractical to collect an eighth of a penny; there would be a checklist for or against a project; at the conclusion of the vote it would be added up and then assess one half cent for five years or one cent for two years; but he does not believe the State can collect two-eighths of a penny. Commissioner Scarborough stated the County can structure it on the number of years to create the formula that works. Chairman Carlson requested the County Attorney put it on paper and provide it to Representative Ball to disseminate among the delegates.

DISCUSSION, RE: BREVARD COUNTY 2001 LEGISLATIVE REQUESTS

Chairman Carlson stated the Veterans Transitional Facility has been on the list for a long time; the status of it would be of interest to a lot of constituents who have pushed to get it on the list every year without it going anywhere; and there needs to be justification.

Commissioner O’Brien stated the problem the County faces is the formulation of why the State cannot fund the Veterans Transitional Facility; it is for homeless veterans; for years it has been turned down because of the way the policy or law is written; and requested the Delegation look into it to see what changes can be made so the Facility can be funded. He advised last month the Board received a letter from the veterans in Melbourne; their facility was completely filled with four families and single men and women who are homeless; the facility does not allow anyone who is an alcoholic or drug addict; and the facility assists people by searching for jobs for them. He noted the facility is overflowing and under funded; and such homeless facility is very important to the community, especially the veterans.

Commissioner Colon stated the Juvenile Assessment Center is on the Year 2001 Legislative Requests; the data is there to prove to the Delegation why the Board is requesting its continued support; the Veterans Transitional Facility shows that the program has successfully helped 66% resolve their difficulties and homeless status, and return to productive lives; and the data proves to the Delegation that if it is able to help Brevard County, it is able to help its residents. She noted concerning requested funding for the new Central Brevard Health Department Facility, there are children needing health insurance; and there are needs in the community. She stated those three items are very important, but there are more issues within the package that are also of importance; and if necessary, the County can provide the Delegation additional data to justify why the allocations are needed.

Representative Ball stated the Governor has recommended cutting all operational funding to the juvenile assessment centers this year, suggesting if State services are used at such centers that the State bill the counties for whatever service they provide; and the Delegation is taking a hard look at how it is going to handle the centers, in light of Article V and everything else. He noted there are some other things counties are going to see that the Governor is going to ask to shift to the counties, such as all pre-trial detention; and that is where Brevard County wants to focus some of its efforts if those are key issues. He stated the juvenile assessment centers continually come up as a popular item; and the County wants to be prepared to fight that issue. He noted he is not ready to address the Veterans Transitional Facility; the Delegation has tried to get different ways to get funding; it always turns out to be a member project; and it is not going to get to the Governor. Representative Ball stated someone mentioned Astrotech and a request for Transportation Outreach Program funds; that is not going to happen; the Program Committee has met; and that project did not make the list.

County Lobbyist Guy Spearman stated the Legislature still gets a chance to address those issues; there is still another step to go in this process; and there is still more room for the legislative process to work right now. Representative Allen advised he attended the Program meeting on Monday; Brevard County’s items, which included the Airport, Astrotech, Seaport, and the whole East Coast got bumped off the list; and a recommendation that comes to the Transportation Committee, to have the entire East Coast bumped off the list is not an acceptable thing from his viewpoint. He stated the Delegation is going to see what it can do about it; it is very difficult when the Governor forms a recommendation body to make recommendations to the Legislature that it gets trumped; but there is a lot of interest in the Legislature to evaluate the list more closely; and it is going to push forward because of the economic development element of it also.

Commissioner Higgs stated she understands the position the State is taking concerning the juvenile assessment centers; it would be helpful to local governments for the appropriations process to help educate the voters in the State of Florida that this is a philosophical transition to the funding of those types of facilities and services at the local level; it would make it much easier for the people to understand and for local governments to communicate needs if they are saying the same thing that they are not State functions; so when counties are funding them and needing to fund them, it is a message people understand and they are not being frivolous with money, but that they have been funded for awhile at the State level and now the transition is occurring and has to be funded at the local level. She noted it would help the County to be able to communicate that message if the Delegation, in the appropriations process, communicated and helped educate the voters that this is not a slash and burn mentality, but the philosophy of moving things from the federal government to the local level. She stated it would help to communicate that as a consistent message of where governments are going. Representative Ball stated it is a result of Revision 7 of the Constitution the people voted for, which is Article V transition. Commissioner Higgs noted voters hear that taxes are going to be cut at the federal and State levels, so they expect that the local level could and should do the same thing; government needs to begin to communicate an understanding that services that have been funded at certain levels are becoming the responsibility of the county, municipality, or local school board; and it is not that those governments are being unfrugal. Representative Ball stated one of the major areas where drugs are coming in is the 14 deepwater ports of Florida and a few other ports; the seaports are going to be required to make security infrastructure improvements; there is a recommendation that will assist Port Canaveral; so that may be the one area on the East Coast that could get $17 million approved by the Committee. He noted $40 million is needed totally, but they are not sure where they are going to get all the money from; and the $17 million approved to help seaport security will benefit Port Canaveral. He stated the Space Experiment and Research Processing Laboratory (SERPL) funding will be the anchor tenant for the new Space Research Park at Kennedy Space Center; it was $14 million last year and is looking good for the remaining $16 million; he is optimistic about the SERPL issue; and suggested the Board keep up the good work with its Resolutions and lobbying efforts.

Commissioner Scarborough stated he talked to Jacob Stuart and NASA; Mr. Stuart sees no problem with the Orlando Chamber of Commerce and its contacts fully supporting Brevard County; it is some of the emergence of the regionalization; and inquired is the Delegation beginning to follow some of the trends with regionalization and meeting with a six or seven-county group for East Central Florida at this time. He noted he and Commissioner Higgs have sat in a lot of East Central Florida Regional Planning Council meetings; the Chambers throughout a six or seven-county region are going to come together with a regional study; one of the reasons for doing it is they can market themselves in Tallahassee and Washington more effectively if they have a united agenda; and Mr. Kamm is attempting to get all the Metropolitan Planning Organizations (MPO) to meet together. He advised they are trying to have unified agendas; it is not going to work unless the larger Delegation meets with the six or seven counties; and he hopes one day there will be a six or seven-county agenda of what is needed for the Region. Representative Ball stated the Delegation has not met as a super Delegation yet on this issue; in the past, he has met and spoken to Statewide economic development organizations yearly; they in turn have done good lobbying efforts that have been very successful with their own delegations; and with term limits eradicating their institutional knowledge, they may resort to that which may be a good idea. Commissioner Scarborough requested Mr. Spearman comment on what should happen with the various delegations.

Mr. Spearman stated Senator Posey, who sits on the Orange County Delegation, sees the benefit of two areas working together; it is beneficial to have more areas work working together on an issue like SERPL; the more people working together, the better it will be; but the problem becomes one of logistics. He noted if they can work out the logistics of doing that with the other delegations then there is some benefit to doing it; the support Brevard County gathered on SERPL, which Commissioner Scarborough did a lot of, did not hurt it any; it was beneficial to the County; but it is not just Brevard County’s Space Center, it is Florida’s Space Center and the countries.

Commissioner Colon stated she is trying to figure out the rationale of the Governor in saying he wants to cut back and give things back to local government; the revenue is already there; and the County is not asking the State to increase taxes. She noted if the State is pushing for counties to come up with the money, then crime will increase; youth are not able to get counseling, the elderly cannot get the health benefits they are able to get now, and some families will struggle. She stated if the Governor is going to cut back and have the counties do it, such counties may tell municipalities to handle their issues; and there is no way some municipalities can fund millions of dollars. She stated the reality is that the citizens and taxpayers are going to be paying more taxes if the State keeps pushing issues back on counties and municipalities.

Representative Ball stated whether it is the responsibility of State government to do what is being done in certain areas depends on a case-by-case analysis; the juvenile assessment centers were a good idea that originated in different places as a result of member projects; there was never a promise that once the centers were built or funded for a particular year that there would be perpetual funding coming from the State; and everyone wants the State to continue to fund it, which is the difficulty. He noted the $960 million Medicaid commitment, Article V transition of $100 million per year, the bullet train at $100 million per year, and economic pressures that reduced $50 million in sales tax collections in December, 2000 are what produce the answers to the questions concerning juvenile assessment centers.

Commissioner Higgs stated the $960 million of the Medicaid issue will be shared by the localities; to fund those services to people, the County will have to pay a significant portion of the Medicaid cost; and the $960 million is something that will be very real in the County’s budget. Representative Ball advised the $960 million is State-appropriated dollars. Commissioner Higgs stated if the State has identified a significantly higher number of Medicaid recipients that will be served, the County will pay a proportionate share. Representative Ball noted it may be exclusive of the County’s share. Commissioner Higgs stated it reflects a growing Medicaid responsibility that both the State and County will share.

Representative Ball requested the County provide information to the Delegation concerning growth management issues; stated a potential overhaul of the growth management laws will be addressed this year; perhaps the County can have input into the forming of the bill; and the County could have a legislative coordinator contact the Delegation.

Representative Haridopolos stated the Delegation needs to make sure it has a face on some of these projects; it will be working with Mr. Spearman this year; and recommended the County bring someone to Tallahassee to address each project as they are being introduced to the committee to give expert testimony. He noted the contact persons listed on the County’s Year 2001 Legislative Requests could be present when the items are introduced; it is the story behind the bill that is going to pass such bill; and Brevard County needs to make sure it has as many bodies up there lobbying its issues as possible.

Commissioner Higgs stated the Board is getting guidance from the Delegation if certain issues are not going to be viable; it needs to know prior to start of the session as to what has a good chance and what does not; and staff can get the manpower there to provide whatever expertise the Delegation needs. Commissioner Scarborough inquired does the County Manager have authority to send staff if the Delegation calls and says they need a certain individual in Tallahassee; with Mr. Jenkins responding yes. Commissioner Higgs stated the County will have those individuals there at the appropriate time if the Delegation lets it know.

Senator Posey stated Brevard County requested the Delegation get an appropriation for the juvenile justice assessment center; it brought that home; then the County asked for funding to help run the center; but there has never been any understanding, agreement, or obligation on behalf of the Legislature to operate the center. He noted the Delegation has never assumed the burden to completely operate the center; and it was never a part of the plan.

Commissioner Colon stated she is not only looking at the juvenile assessment center, but is also concerned about the Healthy Kids Program. Representative Ball stated the Board has the pledge of the Delegation that it is not going to capriciously cut things for political advancement; he does not support every tax break that is coming down the road; they did reduce the welfare roll by 750,000 people, so there was some extra money; and the intangible tax on accounts receivable for businesses was a big one. He noted the Delegation is trying to do intelligent tax breaks when it can; it will not continue to do tax breaks for its advancement and the County’s detriment.

DISCUSSION, RE: OTHER LEGISLATIVE BUSINESS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Manager to facilitate the desires of the Legislative Delegation in allowing appropriate County staff to provide expertise on certain projects to appropriate committees in Tallahassee, as needed. Motion carried and ordered unanimously.

Chairman Carlson stated hopefully it is a guarantee that the Delegation will get that expertise it needs at the moment it needs it; and if it does not happen, the County can report back next year and find out a better way to do it. Chairman Carlson requested a motion that would have the growth management recommendations reviewed and brought back to the Board to formulate ideas or impacts to the Delegation. Mr. Jenkins advised such recommendations are being developed in Tallahassee; it is still a moving target; and as soon as staff gets something specific from Tallahassee, it will bring it back to the Board as an agenda item.

Commissioner Scarborough advised he is getting calls concerning mental health needs and what is happening in the State, including the closing of the G. Pierce Woods Hospital. Representative Ball stated that is the only Hospital the State is talking about closing; a study was done and recommended such Hospital be shut down as long as those patients that have to be institutionalized are distributed in other facilities where there is capacity to put them, and handle everybody else through community-based treatment centers; and the study shows that can be accommodated as long as the Legislature enhances funding to those receiving community-based facilities. Representative Ball noted there are some advocates that are never going to accept closing an institution; there is a plan; and it sounds like a good one.

Senator Posey stated it would be to the County’s benefit if somebody made a motion for Mr. Jenkins to hire a legislative coordinator, similar to what Orange County has; they are in the process of hiring such a coordinator in Indian River County; and it might save a lot of travel for the County.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to hire a legislative coordinator, similar to Orange County.

Commissioner Higgs inquired is the County talking about doing it in coordination with private sector participation; with Senator Posey responding it is possible. Senator Posey stated he and Mr. Spearman discussed it; there is some corporate support, but how could the County keep certain organizations out which could be a conflict of interest; and there may be a contributor list, but it would not be a membership thing. He noted the main thing is to have a commitment from the Board that it wants to go forward with this, take the first step, and pattern it after the ones in Orange and Indian River Counties. Commissioner Scarborough stated he does not have a problem with municipalities, ports, airports, and colleges; but when getting into the private sector, the County could find some inherent problems with the same person coordinating the County’s program that accrues to private gain. Commissioner Higgs stated potentially the County could see some conflict even between local agendas. Senator Posey noted it can be worked out.

Mr. Jenkins inquired if the funding would come from General Fund Contingency, including necessary administrative budgetary actions and travel expenses; with Commissioner Scarborough responding yes. Commissioner Higgs inquired if it is an allocation for one year, to be reviewed to determine if it is working; with Commissioner Scarborough responding yes. Commissioner Scarborough requested the coordinator begin to make contacts with Brevard County’s adjoining counties to coordinate a joint legislative effort as part of the team.

Chairman Carlson called for a vote on the motion, to grant permission to hire a legislative coordinator, similar to Orange County, in coordination with municipalities, ports, airports, and colleges; authorize funding from General Fund Contingency, including necessary administrative budgetary actions and travel expenses; approve the allocation for one year, to be reviewed to determine if it is working; and authorize the coordinator to make contacts with Brevard County’s adjoining counties to coordinate a joint legislative effort as part of the team. Motion carried and ordered; Commissioner O’Brien voted nay.

Commissioner O’Brien stated the Board is opposed to State legislation that would impair or preclude local governments from regulating outdoor advertising signs within their geographic boundaries; he does not know what kind of solution there is, but there was a push last year near the end of the session to grant billboard companies a letter of indemnity from local government action; and he would like to see the law changed. He noted Merritt Island is the highest populated unincorporated city in the southeast United States; within the boundaries of Merritt Island in the residential areas, there are billboards; and there must be a way that the State can restrict billboards to populations that are less dense, such as in the country, but not within the urban areas of population. He stated billboards do not belong there; they become a blight; from the S.R. 520 bridge coming from Cocoa and across the island to the Banana River, there are between nine and 15 billboards; the County has no way to have some of the billboards taken down due to State law; and there needs to be some relief within residential and populated areas of Merritt Island. Commissioner O’Brien requested assistance from the Legislature concerning that issue.

Representative Ball stated the Delegation will investigate it; and requested Brevard County’s coordinator work with them. Chairman Carlson inquired when will the Delegation need to have the County’s coordinator in Tallahassee. Mr. Jenkins advised staff will move as soon as possible. Senator Posey stated he hopes if the coordinator works out that the County will have the position as permanent; it needs to be a local person who is not going to relocate to Tallahassee; it could be a career position that can be of assistance to the Board; and it would be like having another member of the Delegation working for the Board.

Senator Posey stated the coordinator would set the agenda for the Delegation meeting every year in the order the Board wanted it, and would be an asset to whoever chairs and co-chairs. Chairman Carlson stated the important item is that during the session, the Board knows day to day what is going on and the key issues that concern Brevard County. Commissioner Scarborough stated the Delegation is elected by the people of Brevard County; the Board is here to support the Delegation to represent the people that elected the Board; the Board needs to trust the Delegation to utilize the resources wisely for the people; and it is the Delegation’s resource, although it has come from the County. He noted the Board assumes, since the Delegation is elected by the same constituents, that it is for the same common good; the Board and Delegation are trying to do the right thing for the taxpayers and citizens; and when the County discussed the coordinator earlier, it talked about that individual being under the control of the Delegation so they could use that person dynamically and keep the Board fully informed. Commissioner Higgs stated the position is going to be crafted and handled by the County Manager; the Board is not going to sit here and do the job description; it has authorized the position; and Mr. Jenkins knows what the Board is trying to do. Commissioner Colon stated the coordinator position will help the Delegation tremendously. Senator Posey noted it will help Brevard County more than the Delegation.

Chairman Carlson expressed appreciation to the Delegation and Mr. Spearman for their attendance and comments; stated it has been educational; and she looks forward to it next year.

Upon motion and vote, the meeting adjourned at 3:20 p.m.

ATTEST:
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SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

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