July 31, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 31, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

APPROVAL OF WORKSHOP DATE, RE: IMPACT FEES

County Manager Tom Jenkins stated the Board directed staff to schedule a workshop on impact fees; and based on the Board's availability, the workshop could be scheduled for August 22, 2001, at 9:00 a.m.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve scheduling an Impact Fee Workshop on August 22, 2001, at 9:00 a.m. Motion carried and ordered unanimously.

REPORT, RE: CRIME WATCH PROGRAM

County Manager Tom Jenkins stated a new initiative was started yesterday; staff contacted the Sheriff's Office Crime Watch Program, to volunteer to take County employees, particularly those employees who spend most of their work day out in the community, through a training course so they can augment the Sheriff's Office for the Crime Watch Program; and if County employees are riding around during the course of the day and observe illegal activities, they coordinate through the Sheriff's Office to report such activities. He noted the first training class was yesterday with approximately 15 County inspectors; as their scheduling permits, there may be several hundred County employees signed up to do crime watch and be additional eyes and ears for the Sheriff's Office; and each employee will have a sticker on the back of their County car showing they are in the Crime Watch Program.

EXTENSION OF LEASE AGREEMENTS, RE: 12H CAT GRADER AND CAT 950 LOADER

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve extension of Lease Agreements with L. B. Smith for a 12H CAT grader with a 14-foot blade, and with Great Southern Construction for a CAT 950 4-wheel drive loader with a 4.0 cubic yard bucket for a period not to exceed 18 months. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: HURRICANE
SHUTTER INSTALLATION AT PORT ST. JOHN COMMUNITY CENTER AND
CENTRAL REFERENCE LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to bid, award, and execute a contract with the lowest qualified bidder for installation of hurricane shutters at the Port St. John Community Center and Central Reference Library. Motion carried and ordered unanimously.

ACCEPTANCE, RE: DEDICATED WETLAND PARCELS FROM FLORIDRON (INDIAN
LANDING) LTD., INC. TO BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to accept dedication of wetland parcels with easements; and execute the Hold Harmless Agreements for property
dedicated to the County from Floridron (Indian Landing) Ltd., Inc. to be used for mosquito control impoundments. Motion carried and ordered unanimously.

APPROVAL OF POSITION AND BUDGET CHANGE REQUEST, RE: STAFF SPECIALIST
ENGINEER II POSITION

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve a new Staff Specialist V position (Engineer II) for the Natural Resources Management Office to meet the requirements of the SUPER Act Contract with Florida Department of Environmental Protection, and approve the Budget Change Request (BCR) to fund the position. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the Bills and Budget Changes. Motion carried and ordered unanimously.

APPROVAL, RE: BREVARD COUNTY HOME CONSORTIUM CONSOLIDATED ACTION
PLAN

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the proposed Brevard County HOME Consortium Action Plan and authorize the Chairman to execute the required certifications and two SF-424 Applications for Federal Assistance forms (CDBG Program and HOME Program forms); authorize staff to submit the Consolidated Action Plan to the U.S. Department of Housing and Urban Development (HUD) before the regulatory deadline of August 16, 2001; and authorize the County Manager or his designee to execute the CDBG and HOME Program Grant Agreement upon receipt from HUD, the Disbursement Agreements

APPROVAL, RE: BREVARD COUNTY HOME CONSORTIUM CONSOLIDATED ACTION
PLAN

with the Cities of Titusville, Cocoa, Melbourne and Palm Bay, and contractual agreements identified in the Consolidated Action Plan as approved by the Board. Motion carried and ordered unanimously.

APPROVAL, RE: RESPONSES TO FAC LEGISLATIVE ISSUES SURVEY

County Manager Tom Jenkins stated staff received one response late yesterday and did not have a chance to give it to the Board; but he felt it was worth giving to the Board this morning and including it in the list of responses. He stated it pertains to the law enforcement officers' attorneys' fees, which came from the Sheriff's Office. He noted there were a number of survey questions that staff has attempted to answer; and it wanted the Board to review them to make sure there were no concerns about anything staff has responded to. Chairman Carlson stated she did not see any problems.

The Board reached consensus to approve the responses to the Florida Association of Counties (FAC) Legislative Issues Survey for FY 2001-2002; and directed staff to forward the end product to the FAC.

INFRASTRUCTURE CONTRACTS WITH FLORIDRON (INDIAN LANDING) LTD., RE:
INDIAN LANDING SUBDIVISION, PHASES II AND III

Commissioner Higgs stated the process approving the contracts has changed; the developer contacted her because he had been able in the past to proceed to file his plat once the paperwork was completed; in this case, he assumed before the Board approved it that he could move forward; and staff has changed the way it has handled the process so that the Board has to approve it. She noted it is her understanding that everything is in order; staff did not have time to get it on the agenda as it was late Friday when the developer was able to talk to her about his dilemma; and that is why she brought up the issue today.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Infrastructure Contracts with Floridron (Indian Landing) Ltd., Inc. guaranteeing infrastructure improvements for Indian Landing Subdivision, Phases II and III. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

Chairman Carlson called for the public hearing to consider adoption of the Tentative FY 2001-02 Ad Valorem Millages.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

Assistant County Manager Stockton Whitten gave a power point presentation to the Board and audience highlighting the service enhancements designed to improve the quality of life in the community. He stated today the Board will set the tentative millage for FY 2001-2002 budget; the 2002 budget proposes a millage of 7.199%; such millage is lower than the FY 1994-1995 millage; and the next slide shows the General Countywide tax revenues in millions of dollars adjusted for inflation, which notes the downward trend in revenues. He highlighted the service enhancements that are proposed within the budget; stated the first category is under safer community, which includes 16 additional road deputies sheriffs, four domestic violence investigators, five additional courtroom deputy sheriffs, five additional correctional officers, local match dollars for State grants for eight new deputies assigned to local schools as school resource officers, an auto theft investigator and technician, four new crime victims advocates, prisoner transport staff, and two additional Animal Services and Enforcement officers to improve response times to requests for services. Mr. Whitten stated under the protecting the environment category, the budget includes two environmental specialists to eliminate backlog of environmental policies and goals of the County's Comprehensive Plan; under Parks and Recreation Maintenance and Operation, it includes $2.2 million in additional funding to insure County park facilities are adequately maintained; and under Library Services expansion, it includes $803,000 in additional funding to open a new library for the South Beaches, adding computers in libraries, adding staffing at the Suntree/Viera Library, adding books to the Port St. John Library, opening the South Mainland Library on Saturdays and Suntree/Viera Library on Mondays, and equalizing funding to the Merritt Island Library. He noted under Court Systems, the cost to operate the County's Court System has increased to $22 million a year, including the cost increase of $2 million; under Helping Children and Family, staff has added two additional counselor positions to serve those citizens facing family crises; and assisting families to become financially self-sufficient.

Mr. Whitten stated under Mosquito Control, a new helicopter is being purchased to expand aerial spraying for mosquitoes; and six spray trucks have been added this year and are being requisitioned, which will be in service for FY 2002. He stated under the category of investing in technology, acquiring a backup system to avoid shutting down the workings of County government due to computer service interruptions, updating computer wiring in Viera, Titusville, and Melbourne to obtain faster, more reliable service at the Courthouses and offices, and a central depository for storing computer data will provide backup storage for important records in a cost-effective manner; and the initial steps for a paperless government beginning with the County's Legal Department, will result from a new file imaging and retrieval system. He noted the last category under service enhancements for the FY 2001-2002 budget is retaining experienced and skilled employees; included in the budget are increases for employee salaries and health insurance to insure the County retains its most valuable resource, its employees; and reducing employee turnover is a sound investment. Mr. Whitten stated staff has tried to articulate the average tax increase in regard to the service enhancements; in all the Districts, the tax increase is approximately $25.93; the breakout of the funding by category of service enhancement is safer communities at approximately $13.25, protecting the environment at 21 cents, Parks Maintenance and Operations at $1.51, Library Services expansion at five cents, the Court system at 91 cents, Helping Children and Family at 12 cents, investing in

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

technology at 41 cents, and maintaining services and retaining experienced employees at $9.47; and staff has also highlighted the effect of the parks new construction referendums ranging from $36 to $48, which was voter approved.

Commissioner Scarborough stated the safer communities does not impact the people in the cities because they do not pay the Law Enforcement MSTU. Mr. Whitten noted the safer communities include the unincorporated additional resources and Countywide resources to add 16 additional road deputies and eight school resource officers. Commissioner Scarborough noted if someone lives in the city, he or she does not pay for it; with Mr. Whitten responding that is correct.

Chairman Carlson inquired what was the increase of $25.93 based on. Mr. Whitten responded it is based on the tax millages that are both Countywide and in the unincorporated areas, and an $85,000 house assessed value with a taxable value after homestead exemption of $60,000. He stated the budget development schedule concludes with two public hearings on September 12, 2001 and September 25, 2001; and the Melbourne-Tillman budget hearing is August 16, 2001.

Jane Walker stated tomorrow she will be 80 years old; many of the people in Brevard County are old like her; and if the County makes its property taxes higher, many people will have to sell their homes. She noted she lives on her husband's Air Force survivor benefit pay and has trouble paying the $11 a day, just under $4,000 a year, with homeowner and widow exemptions; her house is under 3,000 square feet; and she has a 90-foot lot; so her house is not a mansion. She noted if the County increases her property taxes, it may be the straw that will break her back; if it needs more money, it can make the sales tax higher; old people like her do not buy diamonds or expensive cars; and requested the County not punish the old people with more property taxes.

Commissioner Scarborough stated there are a number of people in the community who are elderly and need assistance; the Legislature allowed the Board to give some tax relief to people who meet the qualifications; and last year it took that action, which will be reflected in the tax bills. County Manager Tom Jenkins advised there is an additional $25,000 homestead exemption for senior citizens. Commissioner Higgs stated an increase in the sales tax would have to be approved by the voters.

Frank Mohme stated on June 16, 2001, he sent a letter to each Commissioner addressing the voting rebate from the State of approximately $600,000; the State paid the money out of the line of credit; and such monies need to go from whence it came. He noted even if the County puts it into the line of credit and has to borrow money out of the line of credit, accounting-wise it is going where it came from.

Commissioner Scarborough inquired has the Board taken action on the $600,000; with Mr. Jenkins responding the County is getting it over a two-year period, and the debt service on the voting system that was purchased two years is in excess of $100,000. Commissioner Scarborough inquired is the County going to reduce the debt down by the amount as it comes

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

in. Mr. Jenkins responded the County is paying the debt service with it, but the balance has gone to the General Fund; it is paying the voting system off over a five-year period; and it is in about the third year. He stated it has recouped what it has already spent on the voting system; and it is recovering what it paid in the past.

Mr. Mohme stated the second item has to do with growth; growth needs to pay for itself; the people who buy the new residences need to pay the share of the items; and it would eliminate a lot of the problems. He noted the Road and Bridge MSTU's have all decreased, but a lot of Road and Bridge issues need to be done; inquired how is the County planning to address it this year; and stated it should not come out of the General Revenue as each District has its Road and Bridge MSTU. Commissioner Higgs stated the County has put a higher proportion of gas tax toward maintenance issues, as opposed to the MSTU. Mr. Mohme stated everyone needs to tighten their belts; pennies add up to dollars; and requested the County treat taxpayers' money as if it were its own. He inquired how many employees drive County cars home at night that do not need to; and it may not be a cost-effective move. Chairman Carlson stated the County has dissected the budget every which way; the Board has asked a lot of the questions that Mr. Mohme is asking; Messrs. Jenkins or Whitten can answer all the questions in depth so that Mr. Mohme can feel assured that the County is taking every step to be as accountable and cost-effective as possible; and what the Board is doing today is representative of that.

Commissioner Colon stated on August 22, 2001, the Board will be having a workshop on impact fees; and she would like to have feedback. Commissioner Scarborough stated impact fees come up frequently as a means to take care of everything; impact fees, under law, can only handle the impact of the future; if the County has a deficit, impact fees cannot be used; and the fees are divided into Districts so they cannot be used collectively to handle a problem. He noted the fees come sporadically and is not bondable; impact fees is a source of funds and helps solve some problems, but it is not the sole answer; and impact fees are only a component and does not answer the big picture.

Dr. Anthony Cardinele, representing The Cloisters Homeowners Association, requested the Board increase the millage for the Sheriff's Office; stated he lives in The Cloisters off of North Riverside Drive on the beachside in the unincorporated area; currently there are only two deputies responsible for patrolling the area from Riverside Drive to A1A; and additional deputies are needed to patrol the area, enforce the speed limits, and have a greater presence on the beachside for crime deterrent.

George Wilson advised of his support for the Sheriff's budget; stated the jail is overcrowded and something has to be done; 16 additional deputies are needed; and Orange County has armies of police officers, but it still has problems. He stated Brevard County needs to invest more money in law enforcement programs; and encouraged the Board to approve the Sheriff's budget for public safety reasons. He noted he worked 36 years with the Sheriff's Office; he was also on the Melbourne Police Department; he has seen the huge growth in Brevard County; and the County needs to fund the jail.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

Chairman Carlson stated in the current budget there are no dollars allocated for expansion of the jail; it is still an issue, and there is a mandate for expanding it; and the County included five additional correctional officers due to the overcrowding. Mr. Wilson stated the County also needs to sell the sales tax; and reiterated his support for expansion of the jail.

Charlie Cox, representing Fraternal Order of Police (FOP) in Melbourne, stated the FOP represents deputy sheriffs, as well as other law enforcement throughout the County; he is also a taxpayer and property owner in the County; and commended the Board for its hard work so far on the budget. He noted as a taxpayer he expects certain services from the County; he realizes that in order to provide those services the County has to have funding; the main source of the funding is taxes; and he does not like to pay taxes anymore than anybody else, but he has enjoyed many years of low taxes and it is about time to pay. He stated something needs to be done to be able to fund the programs that the County needs to maintain the services; requested the Board set the millage at its maximum; stated it can always roll the millage back if it does not need the funding; however, if it sets the millage at the low end and needs the funding, it cannot raise it. Commissioner O'Brien inquired who is Mr. Cox's employer; with Mr. Cox responding the Brevard County Sheriff.

Bert Gamin, representing the FOP, stated this year one of FOP's main goals is to increase the number of MSTU patrol deputies in unincorporated Brevard County; there are currently 129 patrol deputies; and with the 16 additional deputies, the Board has agreed to fund, there will be 145 MSTU patrol deputies. He expressed appreciation to the Board for the 16 additional deputies; stated there will be approximately four deputies per precinct in unincorporated Brevard County; and hopefully in the future the FOP can work with the County again to increase those numbers to move toward the goal of being closer to two deputies per one thousand people. Chairman Carlson stated the Board requested the Sheriff put together a five-year plan pursuant to the budget process; and Sheriff Williams is trying to achieve the two patrol officers per thousand people. Commissioner Colon stated the number one complaints she has received is that there is not enough law enforcement to cover the areas, especially the beaches and unincorporated areas of Melbourne and West Melbourne; the responsibility is on the County; and the community has been speaking loud.

Robert Haston stated one-fourth of Brevard County's population does not drive; proposing to spend sales tax on roads is trying to solve congestion by paying people to drive and taking his money and trying to fix their problem; and it will not fix it. He noted people think of traffic congestion as a disease, but it is a symptom; congestion is a problem; it is one of the few things that is a disincentive for people who drive; and Brevard County does not have a road space problem, but a behavior problem with everybody trying to get in their cars alone at once and going everywhere. He stated Atlanta cannot expand its roads anymore as the air pollution is getting to a level where the federal government is going to stop it. Chairman Carlson stated Brevard County can only expand its roads so much as it is limited with space as well; she hopes Mr. Haston has been keeping up with the County's smart growth issues and sustainable communities; and it is taking positive steps trying to deal with the growth issue and making it

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

pay for itself as much as possible, including looking at urban growth boundaries trying to see what tax it can take to reduce the obvious symptom of trying to improve roads. She noted it is hard to try to change the mentality that has already occurred in the community and every community like it; and the Board has done some progressive things in terms of trying to get people out of their cars and onto the sidewalks and riding their bicycles.

Maureen Rupe, representing Port St. John 4 Tomorrow, stated the Pact supports increase in the millage for the Sheriff's budget; the number one complaint in Port St. John is there are not enough resources in the Sheriff's Office; and Port St. John's survey indicated that the residents would pay for its own police and extended law enforcement in Port St. John should it become a city. She noted patrol deputies are needed; there is a lot of petty crime in Port St. John; and the children need to be safe. She noted she has followed the budget meetings; the Board has done a good job and been fiscally responsible with the taxpayers' money; and she feels confident that it will find a way to increase taxes, as any reasonable person knows it is time to pay the piper.

Mr. Jenkins stated the item is the tentative millage and will not be finalized until after the second public hearing in September, 2001; and the Board could pass the tentative millage with one motion and include submittal of the necessary reports to the State of Florida, Department of Revenue. Commissioner Scarborough stated when the Board sets the tentative millage, it gives everybody in the community the mailing that says what the millage will be; and the Board cannot go above that millage, but can go below the millage.

Chairman Carlson noted the TRIM notices would go out and there would be public advertisement regarding the TRIM notices; and inquired is there a way the County can also advertise the explanation of what the increases will reflect in terms of the safer community. Mr. Jenkins stated there are restrictions, but staff will work on it to see if there is a way to present the information.

Chairman Carlson stated under non-General Fund voter approved millages for environmentally endangered lands millage, the tentative millage is at .25 mill; with Mr. Whitten responding that is correct.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt the tentative FY 2001-2002 ad valorem millages for the purpose of notification to taxpayers; and authorize Assistant County Manager Stockton Whitten to complete the Florida Department of Revenue's Certifications of Taxable Value, Form DR-420.

Commissioner O'Brien stated there are ways to reduce the budget as proposed; in discussions last week, the Board talked about Family and Children Services and wanting two additional social workers added to the program; such workers would be in Palm Bay and Cocoa; and the Board should approach the cities most directly affected by the programs and ask them to join the County by paying a fair share of the services being offered to people in their cities. He noted this year the Board could fund one position and the other position could be

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

funded next year; and to approve both positions this year is not affordable. He stated the Helpline 211, although it is a great concept and was sold very well by those individuals involved with it, is a cost of $27,000 to the taxpayers of Brevard County for an information service; he does not know how the County lived without it before; it paid $50,000 last year and does not know what the total is this year; and it is one other item the County should get out of as it is a non-profit organization doing something, or a CBO should be funding the operation. Commissioner O'Brien stated two additional positions in Natural Resources Management are badly needed, but the County could add one position this year, one position next year, and one more in 2004 for full-staffing within three years. He noted the time has come where the County needs to combine all the GIS positions in one department and reevaluate their needs and goals to find out what it is costing today to operate the separate GIS positions; and by combining them, it can also find efficiency. He stated the Board has worked closely in conjunction with the Sheriff's Office in achieving the goals for public safety; each year it has funded more money to the Sheriff's Office to achieve that goal; responsibility is not totally the Board's and is shared; and it is also how the Sheriff utilizes his assets and how the Board funds those increases to achieve the goals.

Commissioner O'Brien stated he receives more telephone calls in his Office about mosquito control than he does about the need for additional deputies; the Board has already approved eight additional deputies to be placed in elementary schools, which is funded mostly by grant money this year; and the grant money decreases every year until the County is paying the full program. He noted the Board could fund eight additional deputies next year and possibly eight deputies the following year, or some other combination to help achieve the goal; and inquired how many additional General Fund deputies have been hired since 1995 to 2001. He stated last year the MSTU deputies were discussed as well; he wants to be sure that all of the positions have been filled all year; and if not, why not. He noted the argument last year was that the Sheriff's Office needed 118 MSTU deputies and the positions had to be filled; but previous history has shown that many positions were left open after a deputy quit or retired; the funding for those positions went south some place; if the Sheriff's Office is up to 100% capacity of the MSTU deputies and maintains the 100%, the County can look at increasing a few deputies here and there; but it does not have to achieve all of the goals this year. Commissioner O'Brien stated the corrections officers are required and badly needed; and the Board needs to fund those. He noted the County has not received the two judges yet; when it does, the extra deputies will be required at that time; he wants to see what the true costs will be upon arrival of the judges, which is in January, 2002; the Board has to look at other problems it is going to be facing; and additional deputies and correctional officers will be needed for the new courthouse, and additional staffing will be needed for the Clerk of Courts. He noted the Board approved four positions for facilitators for the judges; it could reduce the cost by allowing two facilitators this year and two next year; the Board approved four domestic violence positions for the Sheriff's Office; and two positions could be approved this year and two for next year. Commissioner O'Brien stated all deputies should be trained to know what kind of evidence they should be looking for; the Board should review the budget and come back with suggestions to bring the

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

budget into balance; the County Manager came to the Board last week with suggestions of new positions that departments felt were priorities; but he did not see priorities of places where the budget can be brought to balance and which departments may be able to cut their expenses. He stated the Courts could come back to the Board requesting an increase of $1 million; this year it is requesting a $2 million increase; the Board needs to tell the Courts it cannot afford the $2 million increase; and it is the same court system that gave a pay increase to employees four years ago that was superior to the County's policy of how much it pays its employees. He noted the judges felt they could do this and they did; now they want $2 million; they can come back to the Board requesting a $1 million increase; and the millage could be decreased. Commissioner O'Brien stated the Board has the option of reducing the CBO funding by 50% and the BCA funding by 30%; it should make policy with the CDBG funding that it is not a mirror of CBO funding; the General Fund could be reduced and the Board could have a referendum for the sales tax based upon a specific issue and a specific date of termination; he is not afraid to put it on the ballot as a referendum; but if the Board increases taxes this year and puts the sales tax on a referendum next year, it is going to fail. He noted the County should pay for the voting machines with the dollars it received from Tallahassee; the County is entering an era of financial downturn; industry is cutting back and there are more layoffs every week; and the gross national product is almost flat. He noted production is almost flat and so are sales; raising taxes to the public may create a hardship that will increase their cost of living; people today are working harder and earning less money; and Brevard County has a larger population of retirees on fixed incomes. Commissioner O'Brien stated more taxation only diminishes their hard work and strips the aging population of their dream of a financial survivor, especially those on fixed incomes; he has deep concerns about the budget; and the Board and County staff can work the budget. He noted he cannot support an increase to the General Fund, Law Enforcement MSTU, and the total for operations increase of nearly one mill; the budget can be worked out; and the Board needs to direct the County Manager to balance the budget.

Commissioner Colon advised of her support for the motion; this is a very fiscal responsible budget; it has been put forward with a lot of things the Board has discussed to enhance and improve the quality of life in Brevard County; and she is willing to stand behind what she is supporting. She noted any constituent who would like to have a further explanation of what has taken place can contact her office; they can review line item by line item; and she is very comfortable with the motion.

Commissioner Scarborough stated the other night on television someone indicated that companies that have layoffs do less well than the companies that do not layoff; companies that do repetitive layoffs do substantially less; the County had gas tax, which was supposed to do the capital improvements; and it used it for maintenance. He noted the County has been able to decrease the millage rates since 1994-1995; with this increase, the millage rate will be less than what it was in 1994-1995; if the County lets a road deteriorate, it may be able to resurface; but after the sub-surface falls apart, it is a seven-fold cost to rebuild it; and if the County waits in acquiring the land for a road, the land price escalates. He stated there is no

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

winning the game; when taxes are cut at the federal and State levels, a lot of times it impacts the local level; it has been his observation that the County is evolving from a nation-type state to a local state; and the world will end up with poor communities and rich communities sitting side by side. He stated the poorest counties in the State of Florida have the highest millage rates and the richer counties have lower millage rates; quality is the only thing that buys quality; and the price of the community reflects only one thing, that it is a quality of life. He noted the County can cut, but it goes back to the phrase, "pay me now or pay me later"; Brevard County has been playing a very tight game; the Board has tried to be responsive; but the pendulum is almost to the point that it needs to be moved up a little to build a quality community and give the citizens the assurances they deserve. Commissioner Scarborough stated the Board was aggressive in taking action to give assistance to the elderly with the senior exemption; they will not be impacted by the taxes; he is pleased with the discussions and amount of time the Board has taken concerning the budget; and it has been very thorough.

Commissioner Higgs stated the Board has spent a lot of time on the budget; it is a reflection of the seriousness the Commissioners take with what it is about to do in setting a higher millage; in the years she has been on the Board, she has not voted a millage increase for her District; and the vote she will make today will increase that millage. She noted there will be a lot of questions from people; the Board is ready to answer them and look forward to doing it; and she plans to take opportunities to get out and talk with people about what the budget represents. She stated it is an interesting place in the nation and the State; people are seeing checks in the mail from the federal government, which are rebates on taxes; there are also tax-free days; and all of it is a part of the evolution of the idea that local government should step up to the plate to do the job and not the federal and State governments. Commissioner Higgs stated the idea that people were talking about is that local governments should be delivering the services and should be making the decisions as they are the governments that are closest to the people; money is coming back from the federal government and being rebated or not collected on sales tax; and today the Board is talking about needing to have additional revenue to insure the quality of life in the community. She noted if the Board does not make a decision to move forward with funding the necessary services for public health and safety, it would be compromising the services that she believes are essential to the health and safety of the people in the community; and her vote today on the millage will move the Board to have continuing discussion about it. She stated she believes the Board will vote today to support the millage; it will go out in the community and talk to people about how they feel about it and what they want the community to be; it is a vote for the future and an investment in the community; and it is an opportunity for the County to define what it is going to be. Commissioner Higgs stated if the Board does not take the steps now to move into the future, it will determine a community that is not the quality that it can be; Brevard County has the opportunity to be one of the best places in the world in which to live, but nothing is free; and the decision needs to be made today.

Commissioner O'Brien stated the companies that cut their operating costs look at the costs that are variable; he has never heard of a company that cut back their operating costs do worse than

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 2001-02 AD VALOREM MILLAGES

the companies that did nothing to cut back their costs to operate; and if the Board lowers the numbers significantly, the departments that would like to increase their personnel or equipment can do so in a phased methodology. Commissioner Higgs stated the budget is balanced; that is what Mr. Jenkins brings to the Board, with the revenues equaling expenses; Commissioner O'Brien would like to balance the budget by keeping the revenues and the millage the same or lower; but it is a balanced budget.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

The meeting recessed at 10:31 a.m. and reconvened at 10:51 a.m.

PERSONAL APPEARANCE - DESIREE WEBBER, NEW LEASH ON LIFE, RE: WAIVER
OF REZONING FEE

Desiree Webber stated New Leash on Life is a rescue and adoption organization for pets, both homeless and those that are in need because the owners have specific needs; and it is a not-for-profit organization that has been serving Brevard County for approximately two years. She stated New Leash on Life requires 100% spaying and neutering of all animals that are within foster care; and the animals are current on their vaccines and heartworm-tested for heartworm prevention, flea control, and any other medications that are deemed necessary and directed by a veterinarian. She noted all animals also have County tags; the animals the organization helps find themselves either in need of a home because of an owner turn-in, the owner is in a nursing home either permanently or on a temporary basis for rehabilitation, they have been incarcerated, or they have lost their home due to fire or some other economic reason; and the organization provides housing for the animals so they do not end up at a shelter. Ms. Webber stated New Leash on Life also assists other rescue groups; the organization is not funded by any government; she is applying to rezone approximately two acres, which is presently General Use, to BU-2 to continue the animal care; and requested a waiver of the application fee of $1,283.

Chairman Carlson stated she does not know what the County normally does in situations where the zoning issue has not been addressed; and inquired has the Board taken an issue up like this before for a waiver of fee.

Planning and Zoning Director Mel Scott stated in the last five years he can recall a church that made a personal appearance and an alliance club had applied for a fee waiver, but the County does not have a policy.

Chairman Carlson inquired does Ms. Webber work with any County departments such as Public Safety and Emergency Management; and inquired how does Ms. Webber get the word out that she has this service to house animals before they go to the Humane Society.

PERSONAL APPEARANCE - DESIREE WEBBER, NEW LEASH ON LIFE, RE: WAIVER
OF REZONING FEE

Ms. Webber responded a great deal of it is through word of mouth; several articles have also been printed in Florida TODAY; New Leash on Life is well-known throughout the emergency services community and have taken animals from fires directly to veterinarians; and when the owner is not available, the organization pays for whatever is needed for the animals so they get care immediately. She noted the organization is also listed with Animal Services as one of the rescue groups that is available to serve Brevard County.

Commissioner Scarborough inquired on occasion, has the Board approved or denied requests such as this; and stated sometimes policies are created by prior action of the Board. Mr. Scott responded he can recall one discussion that the Board had when it waived a fee; and it was very conscientious in reminding the person applying for the waiver that by no means did it want the action to give them an indication that the item would be approved. Commissioner Scarborough inquired how many people have applied for waivers in the past eight years; stated he would like to know how many people were approved and how many people were denied; and perhaps the Board needs a policy as there may be cases in which it wants to waive because it benefits the community and the greater public good.

Animal Services and Enforcement Director Randy Jackson stated he is aware of Ms. Webber's facility; the County has used Ms. Webber as an ESF-17 contact for hurricane evacuation and things of that nature; and what makes Ms. Webber's organization different than a lot of rescue groups is that New Leash on Life does not do breed-specific and will take any breed of animal.

Susan Canada, representing Four B's, read a quote from the Jacksonville Humane Society, as follows: "This year one of our many projects is improving the rescue program. We have seen this program save hundreds of animals through partnership between Jacksonville Humane Society and our rescue groups." She stated rescue groups are important; many of them are not funded; a lot of the people who use Ms. Webber have no place for their dogs to go; all their medical needs are met; and there is no funding. She noted without Ms. Webber, several animals would be abandoned instead of going to the shelter; it is hard to afford everything that is needed; and adding in the price for rezoning is next to impossible, especially with the medical bills Ms. Webber has had.

Elaine McClung, representing Melbourne Pet Rescue, stated she deals mostly with cats; the services by Ms. Webber should be offered to the citizens; she would hate for a hardship to be placed on Ms. Webber through the fees; and Ms. Webber provides a savings to Brevard County by her services. She requested the Board waive the fees for Ms. Webber.

Commissioner Higgs inquired what percentage of the County's rezonings are requested by not-for-profit groups; with Mr. Scott responding he would need to research the information. Commissioner Higgs stated she remembers a number of not-for-profit groups over the years, including churches and group homes; the Board needs to have a policy as it may begin seeing more requests; and she would not want the Board to vote today on the item without establishing a policy. She noted if the Board can review it again and establish a policy that may give it guidance in the future, she may be able to support it; but it is headed down a path that it better

PERSONAL APPEARANCE - DESIREE WEBBER, NEW LEASH ON LIFE, RE: WAIVER
OF REZONING FEE

be sure it knows where it is going. Commissioner Higgs stated it would be unfair to approve this item today and not approve the same kind for someone else; there are many groups that offer wonderful services to the community; and they have come before the Board and paid the fees. She stated someone is going to pay for the cost of the rezoning; and the Board needs to know what it is doing when it considers such requests.

Commissioner O'Brien stated the Humane Society is coming to the Board this week or next month for rezoning to build a new kennel; and inquired did the Society pay a fee; with Mr. Scott responding affirmatively. Commissioner O'Brien stated the Board funds many charitable and non-profit organizations through the CBO; it may want to look at being able to help fund some of the fees it charges through the CBO process; and there is a surplus of approximately $10,000 this year of the close to $500,000 the Board funds to charitable and non-profit organizations. He noted one solution may be using that funding to help the non-profit and charitable organizations that have to apply for rezoning or to the Board of Adjustment where the fees can be stiff.

Chairman Carlson stated she agrees with Commissioner O'Brien to a point, but unfortunately, if one has a rezoning and it is denied, it is $1,200 thrown away; she concurs on something that may be a sure bet; but it is a sad situation when one pays $1,200 that could have been used somewhere else more effectively.

Commissioner Colon stated it is important for the Board to have a policy in place; the municipalities have recently run into the issue of waiving fees and coming to the controversy of whether something is discriminatory; the Board needs to be careful how it approaches the issue; and the policy needs to also have the flexibility to say whether it is for the good of the community and if there is a savings to the taxpayers.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge request by Desiree Webber, representing New Leash on Life, concerning waiver of fees for rezoning from GU to BU-2 for animal rescue and care; direct staff to report back to the Board outlining issues and alternatives concerning a policy for requests for such waivers, and include a list of the non-profit organizations that requested rezonings; and direct the County Attorney to review any discriminatory issues. Motion carried and ordered unanimously.

DISCUSSION, RE: CHANGES TO BREVARD COUNTY CODE TO ALLOW WAIVER FROM
RIGHT-OF-WAY REQUIREMENT FOR REPLACEMENT OF FENCES

Commissioner O'Brien stated last night he spoke before the Diana Shores Homeowners Association on Merritt Island; one of the residents has a problem; in 1976, he built a six-foot fence, 14 feet back from the right-of-way; and a pool was built. He noted now the individual wants to replace the fence; Brevard County's regulations include 15 feet from the right-of-way; and staff cannot waive the one-foot due to the County Code.

DISCUSSION, RE: CHANGES TO BREVARD COUNTY CODE TO ALLOW WAIVER FROM
RIGHT-OF-WAY REQUIREMENT FOR REPLACEMENT OF FENCES

Commissioner Scarborough suggested the issue come back as an agenda item.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct the County Manager or his designee to report back to the Board with suggestions concerning changes to the Brevard County Code to allow a waiver from the 15-foot right-of-way requirement for the replacement of fences. Motion carried and ordered unanimously.

REPORT, RE: TRIM NOTICE

Chairman Carlson stated when the TRIM notices go out for the tentative millage increase, she would like to see identified some of the quality improvements that the Board has put into the budget so that the citizens will understand what they are getting for the increase and the potential increase to their taxes.

County Manager Tom Jenkins advised there are some restrictions, but there are alternatives staff can do to accomplish what Chairman Carlson wants done.

Commissioner Scarborough stated when the TRIM notices are sent out, if his Office receives three telephone calls it is an exciting day; an enormous amount of money is spent notifying everyone; he has yet to see the public outcry in response to the TRIM notices; and he has had a lot of people tell him it is not worth the trip to Viera to discuss the issue, as the amount of taxes is small in comparison to the amount of time it takes to discuss it. Chairman Carlson stated the information can be included on the County's website and television. Commissioner Colon suggested Sharon Luba televise the information. Commissioner O'Brien stated he often hears the request from citizens for the County not to raise their taxes. Chairman Carlson stated she hears the citizens say to not raise their taxes all at once, but in small increments that reflect the cost of living; and it is a positive and reasonable way of doing business.

REPORT, RE: ELECTION DAY

Commissioner Higgs advised today is Election Day; Republicans can vote until 7:00 p.m.; it is the District 18 Republican runoff; and District 18 includes the beaches and part of the mainland north of S.R. 520.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:15 a.m.

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

(S E A L)