MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 9, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on September 9, 2008, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Commissioner Voltz.

 

 

Commissioner Nelson led the assembly in the Pledge of Allegiance.

 

 

 

Assistant County Manager Stockton Whitten advised members of the Budget Office staff are in the Space Coast Room on the second floor to go online and show citizens exactly the difference between the proposed assessment and the current assessment.  Chairman Scarborough stated there will be a discussion on the Fire Assessment after the discussion on budget and millage. 

 

 

 

Commissioner Voltz stated several people from the Crystal Lakes Subdivision attended the Zoning meeting on September 4^th; she held a meeting with the residents and Zoning Manager Rick Enos in her office; and a solution to the problem has been found.  She noted she has a list of possible conditions for a Conditional Use Permit for the docks; the conditions include, but are not limited to: boats cannot be launched from the dock site; ownership of the dock site to be limited to residents in the subdivision only; limit the size of the frontage; no trailers permitted on the lot; docks must be in a platted subdivision; no docks on the Lagoon; and no potential damage to the sea grasses.  She stated she would like to direct staff to advertise a public hearing on the issue; and inquired what date would be available for a public hearing; with Assistant County Manager Mel Scott responding if staff receives Board direction to advertise the ordinance, it could go to the Local Planning Agency in October, and to the Board subsequent to that.

 

Motion by Commissioner Voltz to direct staff to advertise a public hearing for the Crystal Lakes Subdivision.  Motion died for the lack of a second.

 

 

Chairman Scarborough stated after the Board is finished with the agenda it can discuss the issue.  County Manager Peggy Busacca stated there is a meeting tomorrow night and that may give staff an opportunity to touch base with each Commissioner and let them know what the discussion entailed; and she will ask Zoning staff to contact each Commissioner tomorrow.  Chairman Scarborough stated most people came this evening to hear about the budget and the fire assessment; and he would like to discuss those items first, and if it is okay with the Board he

would like to hear the Crystal Lakes item tomorrow to give the Commissioners more time to become better briefed.

 

 

 

Commissioner Colon stated Governor Crist visited Lamplighter Village today, and he is thankful of the cooperation between County staff and the State.  She stated FEMA has been wonderful; she spoke to the person in charge at the rescue center across the street from Lamplighter Village; and the turnaround to give dollars to residents has been one week, which is unheard of because it usually takes months.  She stated she is thankful to the federal government for having its folks in Brevard County ready to respond; and that is attributable to the Governor because he made it clear he was not taking any chances.  She expressed appreciation to Sheriff Parker for his partnership with the County in distributing sandbags; and advised she would like to put together a letter thanking FEMA.  She commented on the Governor’s press conference at which she was present and spoke about tax dollars helping those in need.

 

Assistant County Manager Mel Scott stated if the Board is able to secure FDOT funds for the improvement, then the County will see the improvements going in place in Lamplighter Village in the next two weeks; the plan would be to actually install five, 48-inch pipes underneath I-95; and as the Board knows, I-95 acts as a levy so that the traditional migration of flood waters west is precluded; and if the pipes were placed under I-95 as the I-95 widening crews mobilize in the next couple of weeks, it can happen.  He noted there is a short window of opportunity to make that happen; the partnership and cooperation has been amazing between the Secretary of FDOT, the Legislative Delegation, local staff, and Governor Crist; and staff is trying its best to make sure it happens in the next couple of weeks. 

 

 

Chairman Scarborough called for the public hearing to consider an announcement of percentage increase in tentative aggregate millage over the aggregate rolled back rate.

 

Interim Budget Director Elizabeth Swanke advised the aggregate rolled back rate is 6.1161 mills; the aggregate tentative rate is 5.4720 mills; and the percentage change is 9.81 percent below the aggregate rolled back rate.

 

 

 

Jack Parker, Brevard County Sheriff, stated he is before the Board to respectfully ask that it strongly consider providing deputies and law enforcement personnel a long deserved and essential three percent cost of living increase; and he is asking more than that Board just consider it, he is asking that it go one step further and make it happen.  He advised it is tough times like these that the deputies are relied on to do more than ever to protect families from harm; whether it is to stop criminals from preying on citizens or helping residents in hurricanes and floods, deputies  can  always be  counted on to be there when citizens need them most; the deputies rarely say a word about themselves or how little they are paid for the dangerous work they do; and that is why it is up to the Board, and himself, to ensure it does what is right by the deputies.  Sheriff Parker stated while times are tough, everyone must stand up and make those that risk their lives the number one priority; there is no doubt deputies have a high calling, but in many ways it is the Board that may have the highest calling of all because it is the Board that is the protector of the protectors; and right now deputies are finding it more difficult than ever to live in Brevard County.  He stated no one knows more than the Board that prices are rising beyond the deputies’ ability to pay for them; it has always been common to see deputies work most, if not all, of their off-duty time doing odd jobs to make ends meet and pay their rent; and stated he specifically used the word rent, because most deputies cannot afford to buy a home.  He stated things are getting worse; he has had conversations with good deputies who had no choice but to leave, or are planning to leave because they can no longer afford to live in Brevard County; there are other counties that, despite the financial challenges, are placing the needs of public safety first; Osceola County and Seminole County are working to approve a five percent increase for their law enforcement personnel; and many cities in Brevard County are working hard to ensure their police officers will receive the necessary increases to meet the rising costs associated with living in Brevard County.  He stated he knows each Commissioner well, and he knows each Commissioner truly cares about the deputies and personnel at the Sheriff’s Office; and he knows the Board would support doubling the salaries if it had the money; but he believes the Board has the power and ability to find a little bit of money needed to give the deputies a three percent cost of living increase to help cope with the rising expenses in Brevard County.  He stated the reduction in the County revenues mean things must be done differently and more efficiently; however, paying deputies less than they deserve or need is not efficient; and instead it is a step in the wrong direction and sends a wrong message to existing deputies and highly qualified recruits looking to start their careers in Brevard County.  He noted if the Board does not approve a reasonable cost of living increase for law enforcement it will send a message that public safety is not really a priority in Brevard County; and it will cause some, if not most, deputies to leave the area in search of lower living expenses and higher wages.  He stated he realizes Amendment 1 has made the Board’s job very difficult and it is challenging to determine what services are funded and what services are not funded; however, he believes law enforcement and public safety personnel should be paid adequately so they can continue to serve citizens with excellence; and the citizens deserve the type of service that results from that kind of commitment. 

 

Commissioner Colon inquired how much the increase would mean to the deputies per year.  Sheriff Parker advised the total amount for the three percent increase for all law enforcement personnel is $1.79 million for the whole fiscal year; that is $1.46 million for sworn staff, and $345,000 for civilian staff; if the three percent increase is implemented in January 2009, it would drop to $1.34 million for the whole fiscal year, which would be $1.01 million for sworn staff, and $236,000 for civilian staff; if the three percent increase is implemented half way through the fiscal year, it would be $896,000 for the fiscal year, which would be $732,000 for sworn staff, and $172,000 for civilian staff; if the increase is dropped to two percent, it would be a total of $1.2 million for the whole fiscal year to include $980,000 for sworn staff, and $231,000 for civilian staff; if implemented in January 2009 it would drop to less than $900,000 for total fiscal year, $736,000 for sworn staff; and if adopted in April 2009 it would be $600,000 total, $500,000 for sworn staff, and $100,000 for civilian staff.  Commissioner Colon inquired if $1.7 million includes both sworn and civilian staff total for the whole fiscal year; with Sheriff Parker responding yes, $1.793 includes both classifications for the entire fiscal year. 

 

Chairman Scarborough noted the Board is holding a budget workshop on September 18^th at 9:00 a.m., and the final budget hearing will be on September 23^rd at 5:30 p.m.  Commissioner Colon stated at that point, if there is any support from the Board it would have to figure out where the $1.7 million would come from and time would be of the essence and it would have to be figured out at the meeting. 

 

Lloyd Behrendt stated he would like to share some information with the Board to help it decide whether to disadvantage the Brevard Cultural Alliance by reducing its small portion of the County budget by 17 percent, versus the ten percent, and in one case zero percent, cuts in funding that similar groups face.  He stated as he sat in previous budget workshops throughout the year he heard all of the 501(c)3 organizations advocate to be able to maintain their part in establishing quality of life in Brevard County to ensure the coveted young professionals stay in Brevard County and raise families; and what seems critical to him is that the desire of quality of life and their decision to stay in Brevard County lies not in what they do at work, but what they do outside of it.  He stated the foundation of all activities is firmly based in all things cultural; the arts, performing, entertainment, ethnic, and historical sectors, and the diversity that flows from the vibrancy health and growth in these areas; the BCA, as the umbrella that shelters and nurtures the sectors underpins all other efforts to attract and maintain the most desired of demographics for new and sustaining citizens.  He commented on an article by Richard Florida in the September issue of Florida Trend magazine.  He stated the Board is facing tough decisions in the budget process; and inquired if it does not make sense to pay attention to the income side of the balance sheet as well as the expense side when deciding what is best.  He noted the BCA has done a 180 degree turn around in the last two years and is on target with its charter to support and grow all things cultural in Brevard County; the BCA is willing and able to absorb the ten percent cut and effectively continue its mission; as the incoming chair of the BCA, he asks the Board to think diligently and reinstate a sum that will produce an inordinate return on an investment; and he hopes the Board does the right thing for Brevard County. 

 

Wilford Johnson stated he is a newcomer to Brevard County; he has lived in many different places; Brevard County is a great place to live; and he does not want a lot of people to find out how great it is.

 

Julia Smith stated she is the Executive Director of the Theatre Company; and she would like to share with the Board a very personal experience she has had with the Brevard Cultural Alliance.  She advised in February 2007, Shelly Williams became the Executive Director of the BCA; Ms. Williams contacted her to arrange for a meeting to discuss the needs and concerns of the Theatre Company; the Theatre Company has been a member of the BCA since 2000; and February 2007 was the first contact it has had from the BCA.  She stated where BCA was once a financial expenditure that had little or no return, today it is a life support system for Brevard Cultural Organizations; the hardworking and joyful group of people are dedicated to providing the Theatre Company with the needed tools and resources to successfully meet the needs of the community; and BCA provides workshops, resource materials, innovative ideas, and opportunities.  She stated she urges the County Commissioners to fully support not only the cultural arts in Brevard County, but especially Brevard Cultural Alliance, as it is the glue that holds the Brevard cultural community closely together. 

 

Jim Page commented on $100,000 spent on a football field for Bayside High School in Palm Bay on which only five games were played.  Commissioner Bolin advised Mr. Page to contact the Brevard County School Board regarding its budget.

 

Shellie Williams stated the reason why the Board should support the Brevard Cultural Alliance is because it brings money into the County; in the last fiscal year, the BCA brought $43 million to the economy in Brevard County; for every $1.00 the Board supported the arts, $8.00 in tax revenue was generated; and the other $7.00 of tax generated revenue can be used for all of the other worthy programs in the County.  She noted another way the BCA brings money into the County is by making it a place in which people want to live; people want a good educational system and a place where they can enjoy life after work hours; and BCA also brings money to the County through cultural tourism. 

 

Commissioner Colon inquired if Mr. Whitten could advise the Board of the cuts from this year and also the cuts from last year. 

 

Gordon England stated he used to work in the Stormwater Department; he has two vivid memories from working with the County; the first was in 1991 when Mims flooded, and he attended public meetings with the flooded residents; and during the next 16 years, Chairman Scarborough was diligent in making sure a lot of money was spent in fixing stormwater problems in District 1.  He stated Hurricane Erin flooded Lamplighter Village; over the next three years the Stormwater Department developed plans for trying to prevent that from happening again; the plans were not implemented for several reasons such as the high cost; money was not spent as effectively on the projects in the area; and as a result, history repeated itself a few weeks ago and again Lamplighter Village was evacuated. 

 

Virginia Alvarado stated she is against the Fire Assessment fee; she and her husband are on a fixed income; and she does not get any raises at the end of the year.  Chairman Scarborough advised Ms. Alvarado to visit the individuals on the second floor who can talk to her about her particular bill.  Ms. Alvarado noted half of the people in her neighborhood did not get notice of the Fire Assessment fee.

 

Gary Johnson stated Brevard County revenues and spending were quick to increase with the so-called windfall revenues assessed during the housing bubble as if the Board had won the lottery; his property taxes went up 100 percent; and there is no justification.  He stated no thought was given to how the tax payers were supposed to pay for the increase; and inquired why it should cost significantly more to run county facilities and services just because housing values increased.  He stated the Board is responsible for incurring additional debt and operational expenditures as though the windfall would continue; and non-homesteaded property owners continue to bear the brunt of the Board’s excessive spending.  He stated the situation has reversed and home values have declined 33 percent since August 2005; and now it is time to pay the piper.  He commented on the down turn of the economy and people having to make hard decisions on what to do without; and the Board needs to do the same.  He stated the General Fund was increased $41.5 million, or 3.6 percent, for fiscal year 2007; and now the Board is proposing a reduction in the General Fund of only 5.9 percent after a 3.6 percent reduction last year for a total of $14.5 million, or 9.3 percent.  He commented on needing significant changes to reduce ongoing expenses, and the need for self-sustaining golf courses; and stated he is tired of paying for several county golf courses.  He inquired why the Board does not limit itself to a budget with three percent annual increases and live within it like everybody else.

 

Chairman Scarborough stated he agrees with Mr. Johnson about the golf courses; the situation with the golf courses occurred before he came on the Board; and according to an analysis, the Board is better off keeping the golf courses operating, rather than abandoning them. 

 

Sara Ann Conklin stated 30 cents is the amount being requested per citizen from the Brevard Transportation Advocacy Coalition to be added to the budget for Space Coast Area Transit in order to double the frequency of Route 1, which serves the entirety of Brevard County, and also to extend its range to Highway 46 in Mims; and if the Board spends the 30 cents it will turn into approximately $2,100 for every person who decides to use the bus who is not using it frequently.  She advised if a family is able to give up a car, the 30 cents turns into $7,000, which is the average cost of keeping and maintaining a car for one year for one family.  She stated she is asking the Board to spend a total of $160,000 over last year’s Space Coast Area Transit’s budget in order to increase the frequency of Route 1. 

 

Marlene Adams inquired if approving the tentative millage is something that is dependent upon approving the Fire Assessment.  County Attorney Scott Knox advised the two are not related.  Chairman Scarborough stated the Board already approved the tentative millage, which is what was in the TRIM notices; and the Board is now having the first of two public hearings.  He noted the Board has the ability to reduce millage, but not increase above the TRIM notice without going back and resending the TRIM notices out to everyone; and simultaneous with that is the division of budget funds.  Ms. Adams inquired if the Fire Assessment does not pass, what will happen to the Fire Department.  Mr. Whitten replied if the Fire Assessment does not pass, there is approximately $21 million in revenues that will need to be found to fund approximately 90 percent of the fire operations budget.  Ms. Adams inquired if that is possible to do if the Fire Assessment does not pass; and it does not make sense to be approving or discussing a budget before nailing down an assessment the Board is depending on.  Mr. Whitten replied approximately 85 percent is for the men and women who are actually fire fighters and currently on staff.  Chairman Scarborough inquired how the Board would go out and find $20 million through a new millage; with Mr. Whitten responding the TRIM notices have gone out, so there is no ability for the Board to find those dollars as an ad valorem tax for the upcoming fiscal year.  County Manager Peggy Busacca stated the Board has to be careful about taking it from the General Fund because the General Fund is paid for by both the incorporated and the unincorporated areas of the County, and the fire service is limited to the unincorporated area, plus several cities.  Mr. Whitten stated excluding the city revenues, the MSTU would have to be raised by $21 million to account for the revenues; and since the TRIM notices are out, there is no way for the Board to redo what was provided for the TRIM notices. 

 

Ms. Adams stated it sounds to her the Board does not know what it would do if the Fire Assessment is not passed; the Board has told the citizens it has sent out letters and is doing everything on the same day, but it does not matter because it is just doing what it must legally do to satisfy the statute requirements; and the Board is wasting hours and hours.  She stated in the MSTU for Fire Services used to be the Fire Fighter Supported Referendum, and now it just reads Fire MSTU, so she is not sure what it means; but if it is still the Fire Fighter Support Referendum that was voted on in November 1998, she is not interested in paying for the exemptions to  properties on the  Fire Assessment out of that money; and the money should not be going to pay exemptions for an assessment.  Chairman Scarborough stated Ms. Adams can come back before the Board when it discusses the Fire Assessment.  Ms. Adams stated part of the MSTU money is going to pay for the exemptions, so they are intertwined; and the constitution reads that public funds cannot go to the aid of a church in particular, and it does not say it can go to the aid of a non-profit for an assessment.  

 

Attorney Knox stated if the Board had to, it could re-TRIM everyone and raise the rate on the MSTU to cover the $21 million.  Chairman Scarborough inquired how late the Board can do the TRIM; with Attorney Knox responding the Board may have to hold a straw ballot referendum first, but he will have to check on that.  Mr. Whitten stated under the new property tax reform legislation the maximum the Board can go is approximately 10 percent above the roll forward rate; and if the $21 million takes the Board anywhere above that, it actually has to go to referendum.  He stated the Board would have to go to referendum regardless of the re-trimming issue.  Chairman Scarborough stated it would require a vote of the people who are impacted to make that happen. 

 

Ms. Adams stated the Board has mailed out letters by statutory requirement on the Fire Assessment, and it is not fair to have a lot of people wait to speak on the issue when they have been notified by letter and may not be able to speak until midnight; and the Board should be discussing the Fire Assessment first. 

 

Kevin Volpe stated he bought undeveloped raw land in Mims that was not buildable; and over the years he has made it buildable.  He stated his taxes have increased to $1,000 per year; there are 13 fire departments in Brevard County; and there is nothing on his property that can burn because it is vacant. 

 

Commissioner Nelson stated Mr. Volpe is not paying a fire assessment on his raw land; but he is paying the MSTU portion.  Mr. Volpe stated he is paying $1,000 per year.  Commissioner Nelson inquired if that is for his total tax bill; with Mr. Volpe responding affirmatively.  Chairman Scarborough stated there are two factors; one factor is the millage the Board sets; the other factor is the valuation of the property; and the valuation of the property is dependent on things such as if it is buildable.  He stated there could have been an error made by the Property Appraiser’s Office; and if Mr. Volpe visits him, he can look at that with him. Commissioner Voltz advised Mr. Volpe can go before the Value Adjustment Board if he has an issue, and it may be able to reduce his assessed value. 

 

Stanley Nitkowski stated Amendment 1 was structured to cut taxes, not to transfer them to another form of taxation; rearranging taxes to maintain the status quo in the County is not reducing taxes and therefore not in compliance with Amendment 1.  He stated there are many things that are supported through County tax dollars that the Board needs to learn to say no to; there were people earlier asking for money, but there is a limit; and in his opinion property taxes should be for fire, police, and essential utilities, not even for roads as there is a gasoline tax for that.  He inquired of the starting pay for a fireman; he understands a tenure fireman can make approximately $80,000 to $100,000 per year; and it seems to him that is not pauper’s pay, and those wages need to be frozen.  He stated if reducing the budget means fewer firemen, frozen salaries, or going to a fee-for-service, then so be it; and that can also apply to dog parks, equestrian centers, boat ramps, ball fields and parks in general.  He stated citizens are paying for an ambulance in addition to taxes for ambulance service; and more and more is the use of a helicopter, which costs approximately $2,100.  Mr. Nitkowski stated Brevard County is losing residents; as of August 31, 2008, there are 6,758 houses on the market for sale, 1,862 condominiums, and 509 town houses; and those are people who are leaving, which means the revenues are going to continue to drop.

 

Commissioner Nelson stated the fire assessment was in place last year, so it is not new, but it is a difference in numbers; and inquired if Mr. Nitkowski’s assessment went up or down; with Mr. Nitkowski responding it went up.  Commissioner Nelson stated Mr. Nitkowski’s house must be over 2,400 square feet; with Mr. Nitkowski responding his house is less than 2,400 square feet.  Commissioner Nelson stated if everybody paid their ambulance bill then there would not be a tax; the problem is that not everybody pays; and there is a large number of people who use ambulance service and do not pay, but they have to be responded to.  Chairman Scarborough advised Mr. Nitkowski can go to the second floor to ask questions about his fire assessment fee.

 

Patti Generale stated she is a State Farm Agent in Port St. John; she represents 1,000 homeowners who come to see her to try to reduce their insurance because the escrow portion of their mortgage is more than the principal and interest payment on their monthly mortgage; and while part of that is insurance, she has seen her taxes on her home and office building double in the last few years.  She stated whether or not the Board calls it a fire tax or something else, it all comes out of the same pocket; people may say the insurance is up, but because of the wind storm discounts her income is down 26 percent from last year; it is down 13 percent from 2006; and she is being asked to pay double when her income is down.  She stated she has clients whose income is down and have been laid off from the Space Center; most people in Port St. John are electronic technicians at the Space Center who are looking at trying to save as much as they can because they may not have a job in a couple of years; and they are being asked to pay more as well.  She stated she agrees it does not matter which pocket it comes from, but it has to be paid by her when the County bills her; and the bottom line is the Board has doubled the taxes in the last five years and the citizens cannot afford it any more.

 

Pat Edwards stated she is speaking on behalf of herself, her husband, and all Brevard County senior citizens who are going to be affected by the proposed fire assessment.  She stated she believes the firefighters are worthy of a cost of living raise and new equipment, but as a retired senior citizen she cannot help but worry that a fixed income cannot take much more of a cut; and her husband is a retired fireman, and she admires him for putting his life on the line many times for everyone; however, when he retired, they knew they were living on a fixed income.  She noted Commissioner Colon spoke earlier about seniors who are having trouble making ends meet; there is no raise in sight for seniors; and she would like the Board to consider exempting seniors age 65 and older from the fire service special assessment.

 

Arthur Floyd stated Florida TODAY reports the County has $27.2 million for welfare; and that is the number that should be paid to the firefighters and get rid of the fire assessment.  He stated he recently retired; he has never accepted welfare; and he resents the welfare program.  He noted if the fire issue cannot be resolved, the County should go to a volunteer fire department.

 

Ilene Davis read the Board a story about camels and the straw that broke a camel’s back.  She stated the taxpayers are treated as beasts of burden by the government and those who directly profit from the high taxes, waste, and spending; and the citizens can blame the politicians who add  more  and more  tax straws to the backs of taxpayers.   She commented on challenging the Board to look at every service; and challenged each Commissioner to look at the budget and find $1 million of new savings.

 

Logan Schrack stated he is a member of the 4-H Blue Stars Club; he is also the secretary for the Brevard County Executive Council; and he holds the office of Historian on the District Eight 4-H Executive Council.  He noted nearly all the meetings he has attended have been held at the Agricultural Center on Lake Drive in Cocoa; and the new budget cuts would leave the building closed at night when it is needed most for 4-H meetings and activities.  He advised 4-H is a positive program for Brevard County’s youth, which affects approximately 4,000 kids; during the day kids are in school and the weekday evenings are the primary time in which the club meetings and activities can take place; as of now, the janitor is in the building until 10:00 p.m.; but the new budget will cut the janitor’s hours in half and he asks that in line with the new budget that the hours cut would be those during regular business hours.  He stated that will enable the janitor to monitor the buildings, enabling the 4-H group to meet in the evenings; the youth of the County needs access to the building in the evenings; and he would like the Board to consider the option. 

 

Kathy Scheetz stated she would like to ask the Board to set aside a nominal amount for an independent engineering review of the designated MAV value assigned to South Banana River Drive from the General Fund to the Traffic Engineering Department; and she is asking as the chairperson for the Small Area Study, which will be before the Board on October 14, 2008.  She stated the MAV value is the value the concurrency agent works with in all applications to develop reviews; the value behaves as a variable in determining changes in land use when applications are processed; and the Traffic Engineering Department has discovered the MAV value that has been used for years assigned to the road is incorrect.   She noted an outside traffic engineering study will discover and conclude a new MAV value at Level of Service capacity and at a significantly lower value.

 

Commissioner Colon commented on a proposed ordinance inspired by Napa County; and the ordinance will protect Brevard County in regards to anyone who is purchasing land in Brevard County and the dollars that are going into activities of terrorism.  She stated she wanted Ms. Scheetz to know the Board is working on the ordinance.

 

Ernest Johnson stated he was at a meeting several months ago; someone was supposed to get in touch with him, but no one ever did.  He commented on contacting Sheriff Parker and that he has been waiting three years for a response; and stated the County does not have a decent Sheriff’s Department. 

 

 

 

Chairman Scarborough called for the public hearing to consider adoption of the County’s FY 2007-2008 tentative millages.

 

Interim Budget Director Elizabeth Swanke advised the Mosquito Control District and the Road and Bridge District 2 will require a two-thirds majority vote.  Chairman Scarborough stated it is because  the Board  did not  roll back Mosquito Control; the Board kept Mosquito Control  at the current level because of the mosquito problems; and Commissioner Nelson had the need for the Road and Bridge monies in District 2. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to tentatively adopt the FY 2008-2009 millages as presented, excluding Mosquito Control District and Road and Bridge District 2.  Motion carried and ordered unanimously.

 

 

Commissioner Colon inquired if Mr. Whitten could give a summary of last year’s cuts.  Mr. Whitten advised last year’s are in preparation for the current fiscal year budget; the total cuts were approximately $20.9 million; currently, the budget the Board is reviewing tonight and on September 23, 2008, have cuts totaling approximately $19 million; and the $19 million is because of the $15.6 million that is lost with regards to taxes and the other State shared revenues that are down $3.4 million. 

 

Commissioner Colon stated there is still a lot of unfinished business the Board needs to take care of.  Chairman Scarborough stated when the Board had its Workshop it asked Ms. Busacca to find additional things to discuss cutting; and Ms. Busacca came up with additional cuts of $1.8 million that the Board could consider.  Commissioner Colon stated there have been some issues in regards to facilities and the condition and repairs that need to be done; and inquired how many positions were cut last year when the Board cut $20.9 million, including any vacancies, and the amount of cuts this year.  Mr. Whitten advised for this year it is approximately 101 positions, including vacant positions; and last year the total was approximately 70 to 80 positions.  Commissioner Colon inquired if Ms. Busacca has an itemized list to be able to show what the Board is cutting and also what it considered cutting.  Ms. Busacca stated she can read to the Board the specific individual cuts and she can tell the Board the amount of money that has been cut from each department; and she has a current listing that shows 101.5 full-time equivalent positions that have been eliminated.  Commissioner Colon stated she would like for everything to be on record. 

 

Ms. Busacca advised in the Agricultural and Extension Service the maintenance position was reduced 50 percent and a secretary position was eliminated; in Animal Services, an administrative position and an animal enforcement officer were eliminated; in the Budget Office, the budget analyst I was eliminated; in Central Services, an operations support specialist was eliminated; in the County Attorney’s Office, the record management coordinator was eliminated; in Criminal Justice Services, an administrative coordinator was downgraded, the part-time medical examiner investigator was eliminated, and the volunteer coordinator was eliminated; in the Facilities Department, ten positions were eliminated; in the Fire Rescue Department, six long-term vacant positions have been eliminated; in Housing and Human Services, a secretary position and a grant coordinator position have been eliminated; in the Library Services Department, three temporary positions, 11 part-time positions, and six full-time positions have been eliminated; in Mosquito Control, there was a proposal for five positions to be eliminated, but those have been reinstated; in Parks and Recreation, a total of 41 positions have been eliminated; in Permitting and Enforcement, and engineer I has been eliminated; in Planning and Zoning, a special projects coordinator II has been eliminated; in the Road and Bridge Department, a maintenance worker II, auto equipment operators, and another maintenance worker have been eliminated; in SCGTV, a production specialist has been eliminated; in the Tourism  Office, a part-time  tourism information  assistant, and a part-time office assistant have been eliminated; in Transit Services, the wage transportation coordinator, a part-time dispatcher, and a vehicle operator have been eliminated; in Transportation Engineering, a secretary, survey technician, and an office assistant II have been eliminated; and in Utility Services, two utility service worker I’s, utility maintenance supervisor, and a special projects coordinator have been eliminated. 

 

Commissioner Colon stated it was frustrating for staff; a lot of the positions are based on vacancies of people who are retiring or leaving; but the Board wanted to make sure it was balanced between all the different departments.  She stated Sheriff Parker mentioned the Board coming up with $1.7 million; and inquired how the Board is expected to figure it all out in one meeting and have it approved by September 23^rd.  She stated with this public hearing, the Board can go down, but it cannot go up.  Chairman Scarborough stated with the millage, the Board cannot go up above what it set the TRIM unless it goes back out; and if it goes back out too high then it has to go to a vote of the populous.  He stated no one on the Board is considering raising the millage; the question is if the Board needs to re-prioritize and look at what are the most important things for the community.  Commissioner Colon stated the priority list was in regards to Facilities; the understanding of what that meant was if it was wise to have someone on the Facilities staff that was going to be able to do the air conditioning and the plumbing.  Chairman Scarborough stated with regard to Facilities, he understood the Board could hold the monies in reserve; if there is a facility need it is not recurring, but if the Board gives a wage increase it is recurring; and the Board can either put money into the Facilities Department as reserve, or it can hold it in the General Fund reserve.  He inquired how much the general revenue reserves went up last year; with Mr. Whitten responding last year it was approximately an additional $5 million added to the reserves.  Chairman Scarborough stated the question becomes if it is non-recurring and it can be met with General Fund reserves, it allows greater flexibility and greater Board discussion rather than having it throughout different departments.  He stated the County has the capacity that as culverts collapse to go ahead and do the repairs knowing it may not get FEMA money back immediately; however, it may be prudent to go ahead and do that; and if the Board can do it now as a part of the hurricane aftermath, it will be able to have better culverts and better drainage systems using the reserve funds; and it may be four years before the County gets reimbursed, but it will have less operating costs for Road and Bridge over the next four years. 

 

Commissioner Colon stated her fear is that as of today there is so much to look at that the Board may need to schedule another workshop; and inquired when the budget has to be approved by; with Ms. Busacca responding the final budget meeting is on September 23^rd.  Chairman Scarborough inquired if there is another date available for another workshop before the final budget meeting; with Ms. Busacca responding she will look into it.

 

Commissioner Colon stated her concern is with future Boards; the Board is also making decisions for 2010 because the retirement of the space shuttle is going to create a huge impact to the community; and the presentation by Gay Williams about citizens in Brevard County who have lost their jobs and their homes.  She stated she thinks another meeting has to be scheduled even if it means the Board will have to meet all day. 

 

Commissioner Nelson stated last year, the Board reduced the budget by nine percent, plus it funded 60 correctional officers; the Board has done another ten percent reduction this year, which is another $20 million; and the Board is going to talk on the 18^th about where it goes from there with some additional cuts.  Commissioner Nelson stated he struggles with the fact that the property values have gone up, and that is something the Board does not control; it is hard for the Board because it has reduced its millage by over a mill last year; and next year is going to be even worse.  He stated the reason there were a lot of vacancies was because a hiring freeze was implemented and as people left, the positions were not filled.  He stated the budget this year is almost $200 million less than the budget last year. 

 

Commissioner Colon commented on the reserves being critical because of emergency situations such as the County had with the wildfires in May and the flooding in August; and stated the reserves need to continue to go up because when emergencies happen, no one is going to bail out the County.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to tentatively adopt the FY 2008-2009 Mosquito Control District millages.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to tentatively adopt the FY 2008-2009 millages for Road and Bridge District 2 MSTU.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson advised the Road and Bridge District 2 MSTU will help with the infrastructure to get the pipes fixed; there are significant drainage problems in the North Merritt Island and Cocoa area; and it is not as much as is necessary, but it is going to help.  Commissioner Colon stated in District 2 a bridge was shut down, and that was a concern.  Commissioner Nelson noted the Central Avenue Bridge was shut down for approximately one week and the MSTU will help with that as well. 

Chairman Scarborough called for the public hearing of the announcement of recomputed tentative aggregate millage and percentage of deviation from the aggregate rolled back rate.

 

Interim Budget Director Elizabeth Swanke stated the aggregate rolled back rate is 6.1161 mills; the aggregate tentative rate is 5.4720 mills; and the percentage of change is 10.53 percent below the rolled back rate.

 

 

Chairman Scarborough called for the public hearing to consider a resolution certifying stormwater utility assessment roll to the Tax Collector and budget approval. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt the Stormwater Assessment   Rate   Resolution   establishing   the   assessment   rate   for   the non ad-valorem Stormwater Utility Fee beginning Fiscal Year 2008-2009; and adopted, ratified, and certified the Stormwater Assessment Roll for Fiscal Year 2008-2009.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough called for the public hearing to consider a resolution certifying the Municipal Service Benefit Unit Assessment Rolls to the Tax Collector.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution No. 08-193 adopting, ratifying, and certifying the Municipal Service Benefit Unit (MSBU) Assessment Rolls for Fiscal Year 2008-2009.  Motion carried and ordered unanimously. 

Chairman Scarborough called for the public hearing to accept the Burton and Associates Fire Assessment Report, amendment of the Fire Assessment Ordinance consistent with recommendations and findings in the consultant report and adopt the rate resolution and certification of assessment rolls to the Tax Collector.

 

Chairman Scarborough advised it would be a good idea for staff to give an overview before the public comment.  County Manager Peggy Busacca stated staff has a brief presentation to explain the assessment is not a new assessment; the discussion tonight is a modification of the existing assessment; staff also has information about the specifics on the modification to the assessment; and there is an attorney present if there are any questions on legal issues.

 

Fire Rescue Chief Bill Farmer stated the vast majority of citizens believe the assessment is a new assessment; and most of the phone calls have dealt with that issue as opposed to anything dealing with rates.  He advised in fiscal year 2006-2007 the Board decided to utilize a fire assessment; this was done because the City of Palm Bay, the Tax Collector, and the Property Appraiser challenged the County’s EMS assessment; and that meant the County had an assessment below the line to fund the Emergency Medical Services transport system.  He advised on everyone’s tax bill there is a bold blue line, and above that line is the ad valorem taxes, and below that line are the assessments.  He stated in the findings of the same lawsuit, the City of North Lauderdale versus SMM Properties, the court found there was a logical relationship between the use and enjoyment of an improved property; North Lauderdale decided it would use EMS out of the City’s General Fund and modify the existing fire assessment to pay for more of its fire service because there is clearly a logical benefit to property by having the fire service; and based on that affirmation and on what other cities and counties had done to fix the same lawsuit, the County decided to move EMS above the bold line on the tax bill an pay via an MSTU out of the General Fund for EMS and allow the majority of the fire departments funding to come from the assessment below the line.  Chief Farmer stated during the hearings for the fire assessment and the subsequent two years, the Board has heard many citizens discuss the fact of the burden of the $212 and $276 placed on them; several citizens came to the Board and referred to the assessment as a reverse Robin Hood; and people who had homestead exemptions which had previously made their MSTU bills very small were now getting bills, and people who had higher taxable values were paying less.  He stated additionally, condos and even smaller units and some manufactured and modular homes were paying more than a 3,000 square foot single-family structure; the Board heard the concerns and requested staff look at some way to revise the assessment and check the methodology; and staff looked around at how other cities and counties had done it and found that were experts that handled the assessments.  He stated staff brought that possibility to the Board and it decided to hire Burton and Associates and task them with developing the most equitable rate structure possible.  He advised one of the comments that have come across from the telephone conversations is the lateness of the event; and he has a presentation that demonstrates the Board and staff has not been idle during this time.  He noted staff has held two public workshops, which were just for public input; there have been three workshops to date with the Board of County Commissioners; there have been three individual meetings for the four contracting cities, including West Melbourne, Melbourne Village, Palm Shores, and Grant-Valkaria; and each Commissioner has had an opportunity to meet with the consultant, who has participated in individual city meetings, conference calls, and has had more than ten individual meetings with County staff.  He stated staff sent out 137,952 mailers to the affected property owners; the response to date was approximately 500 phone calls, and 99 letters in response to the mailer; of the 99 letters, 47 of them were property owners who actually received reductions; 48 letters resulted in increases; and four letters had insufficient data for staff to review.

 

Chairman Scarborough stated the Board has always had to fund EMS and Fire Rescue; the County was sued; the lawsuit required the Board to do certain things; and inquired how long the Board has been collecting using the methodology.  Chief Farmer replied three years.  Chairman Scarborough noted what the Board is considering tonight is not a new method of flipping anything back; but it is a new way of calculating under the current methodology; and it is just shifting through the ranks and further defining who bears the burden.  He stated the communication was that it was not new, it is just adjusting; but the Board can reject Mr. Burton’s proposal; and the Board can keep the status quo.  He noted the status quo keeps the distribution of the burden in place; it is another option as to how the burden is undertaken in different classifications. 

 

Mike Burton, Burton and Associates, stated when the project was started he looked at the whole assessment; it was proposed to the Board to consider ranges of square-foot size and value; and in looking at the values of the buildings on the properties it was determined during the process that there were market factors that affected that and it was probably not going to be a good barometer of the value.  He noted his staff came up with an alternative to look at base rate as a benefit factor; the base rate is much more stable; and it is basically the cost per square-foot of construction for the different types of building uses. 

 

Chairman Scarborough inquired what Mr. Burton was trying to accomplish; and stated across-the-board there was $212; with Mr. Burton responding going from $212 to a variable rate was dependent upon the size and the representation of the value of construction of different types of uses.  Mr. Burton stated when looking at the entire assessment there were some anomalies that were occurring and some classes in the commercial and multiple-family side that were problematic; and the Board gave Burton and Associates direction to focus on the residential side and allocate the revenue requirement in the same way it had been done between the residential, commercial, and multi-family as one class.  He stated on the residential side Burton and Associates came up with a method that would take the last three years of base rate for the different property uses; and they fell into logical groupings, so they were grouped into base rate benefit factor groups with single-family being the one that was defined as one equivalent benefit factor.  He noted multi-family and mobile homes at another tier were lesser base rates and so they would pay lesser rates on their size.  He advised the cost-apportionment method will result in a 15 percent reduction on the assessment revenue required; and it is good news that overall the assessment will be going down.

 

Chairman Scarborough noted when talking about the assessment, it does not mean an individual person’s fee goes down, because that depends on the formula; but it means the amount that is coming into the County is reduced.  Mr. Burton noted it is approximately a $4 million reduction in assessment revenue.  Chairman Scarborough stated the Board is collecting less as a whole and is now having variables between the different classifications.  Mr. Burton stated the other part of the apportionment method was to allocate the reduced revenue requirement to the residential class into the non-residential and multi-family class in the same way it is in the current assessment.  He stated based on Board direction, his firm was focusing on the reapportionment of the residential class and not in the residential and multi-family class, so there was no change to the structure in the class; and it is a perfectly valid approach and is well within the definition of what would be a legally defensible assessment on that side.  He stated his firm then took a 15 percent reduction in the assessment revenue required across-the-board to the non-residential and multi-family rates; if one has a commercial establishment or a multi-family property, their assessment under the proposed plan will be 15 percent less than it was last year; and all commercial and multi-family properties get a 15 percent reduction in their assessment across-the-board.  He stated the residential revenue requirement was re-apportioned based upon square footage and range of living space adjusted by the base rate benefit factors; the revenue requirement in 2009 is $22,813 million, which is in the Board’s report; and that is approximately a $4 million reduction, representing a 15 percent reduction.  He stated approximately $1.4 million of that is associated with excluded properties and will have to be recovered from another source, which is assumed to be the MSTU, leaving $21.35 million as a net revenue requirement.  He noted the revenue to be collected from non-residential is $3.6 million, leaving 17.673 from the residential class, $388,777,000 of that is associated with a surcharge to the city.

 

Chief Farmer stated initially four cities could not be brought in under the original assessment in time; so for one full year, they received the benefit of the fire service without paying for the assessment; the following year, this year, they began to pay the 25 percent back to the Board.  Mr. Burton  stated it is  $17.284  million that  would go in the  residential assessment.  He stated when the properties are converted based on the benefit factors and the size factors to equivalent residential units, there is approximately 97,000 equivalent residential units on the residential side, resulting in the base charge of $177.87; but that is only one charge for a base equivalent unit.  Mr. Burton indicated a chart and stated there is a base rate of $177.87; if a property is between the size of 1,400 square feet and 1,800 square feet, that is what the assessment rate would be if it had a base rate benefit factor of one; and as the properties get smaller, a property that is only 1,000 square feet would only have an assessment of $99.61.  He advised the next column on the chart shows as assessment with a benefit factor of .58 because of the type of construction; and those would be manufactured homes, double wide and triple wide mobile homes, modulars and a number of other categories; and base rate for those would be $103.16, and smaller or larger as it gets bigger or smaller.  He stated the chart shows that most of the classes have a decrease in their assessment; over 60 percent of the residential customers will have a decrease in their assessment; only 40 percent will have an increase, and of approximately ten to 15 percent of those, it will only be a five percent increase; and so the vast majority of the parcels will have a decrease from what was paid last year.  Chairman Scarborough stated the people in the audience need to have a copy of the chart.  Mr. Burton stated in layman’s terms, if one has a smaller living area in their home they pay less of an assessment; and if one is of a lesser cost of construction, such as a manufactured home or mobile home, they will pay even less.  Chairman Scarborough stated the question is how much less; with Mr. Burton responding some properties have between 35 to 80 percent reductions on the lower end in the assessments.

 

Ms. Busacca noted what Mr. Burton is suggesting is similar to the way the Fire MSTU functioned; the MSTU is an ad valorem tax; if one has a larger home, or it is valued more, then he or she will be paying more for fire than if they had a smaller house; and that was the concern that was originally expressed when the assessment was put together, which was that the smaller homes were paying more and the larger homes were paying less.  Chairman Scarborough stated it is like an insurance policy; and the more there is to insure, the more that has to be paid.

 

Shelvia McAnulty stated she had spoken to Commissioner Voltz; she has tried contacting some of the other Commissioners but has not had any return calls; and she thinks the fire fee is totally unacceptable.  She inquired how the Board spends money for a consultant to come in and tell it how the citizens should pay; stated what Mr. Burton did was a waste of time and a waste of money; and the only fair way to do the fire assessment is to take a square footage rate and assess the people based on that rate.  She stated she agrees the way it was before was wrong, which was $212 to assess a person with a 700 square-foot mobile home; but the way the Board is going about it now is totally wrong.  She stated she has looked at the rate structures; there are seven programs from zero to 700 square feet at $39; and inquired if that is for any house that is 700 square feet, and whether it is block construction or a mobile home.  Chairman Scarborough stated staff is going to pass out the chart.  Ms. McAnulty stated she does not want a chart; and the Board cannot tell her insurance company how her house is built.  Chairman Scarborough stated it varies; and if a person has a manufactured home it is one rate and if a person has a stick-built home it is another rate.  Ms. McAnulty stated it should not be that way, as fire  protection is  fire protection, whether  a person has  a mobile  home, a block  home, or  a

wood home; all houses are not the same age and all houses are not made with the same material; the fire department’s job is to try to save a house when it catches on fire; and for everybody to be assessed a different rate and have to pay more for some and less for others is wrong.  Ms. McAnulty stated she has examples and copies for the Commissioners.  She stated she does not think the Board should be basing its fire fees on how a house is constructed because the fire department has to respond to all houses to put out a fire; and it is not the Board’s job to rebuild her house.  She stated her insurance company is going to rebuild her house based on what it is charging her to say it can be built at; and she is paying a fee to the insurance company for that.  She stated those who have 701 square feet to 1,100 square feet will pay $99; that is two and a half times for one more square foot; and stated that is not fair.  She stated her point is the person at the beginning of each new tier is going to pay more per square foot for his or her house, than the person at the end of the tier.  She noted there are seven rate structures; the last one goes up to 2,601 square feet and up; there are a lot of houses in Brevard County that are more than 2,601 square feet; and inquired if it is fair for someone with a 5,000 or 10,000 square-foot home to pay the same as one that is 2,601.  She stated she is asking the Board to show some common sense and assess everyone fairly and get a reasonable rate per square foot and assess the people based on the size of their house.  She stated each 100 square feet would only increase it by $10.00 if the Board was using a ten percent rate, which is high; and that would generate enough revenue for the fire department’s budget for the year. 

 

Chairman Scarborough stated the Board has talked about what Ms. McAnulty suggested and inquired if Mr. Burton could explain putting a number by the square foot and let it roll as opposed to having the tiers.  Mr. Burton stated one can do that; also discussed was an alternative that did not include the base rate benefit factor, but the Board determined it wanted to go with it; the Board could do it by square foot; the reason why virtually all the assessments are in tiers is because the Board is dependent upon data from the Property Appraiser’s system in terms of square feet; and if someone measures their square feet, it may be different than what is on the Property Appraiser’s system.  He stated there is a lot of potential for administrative complexity with appeals and verifications of square footage, and that is one of the reasons for the ranges; there is always a problem when there is a range of size or a range of anything with the people at the top and the bottom; but that is what rate making concepts do, is have averaging concepts.  He noted there is a histogram on the chart that shows the distribution of properties within the seven bins; it was done to statistically to try to get a relatively rational distribution within those bins; and when there is a bin structure, there will always essentially be a minimum and maximum. 

 

Ms. McAnulty stated it is not the job of the Board or the fire fighters to consider the construction of a house.  Chairman Scarborough inquired why Burton and Associates looked at manufactured housing different than stick-built block houses.  Mr. Burton replied one of the benefits a property receives from the fire suppression services the County provides, is the protection from the loss of the use of their home and the loss of the value of their home; and if one chooses to get insurance, they are able to get insurance and will get a bigger benefit in terms of being able to get a higher level of insurance because of the value of their home.  He stated  it is associated  with  benefit  criteria that is  applied to the assessment because they are Municipal  Services  Benefit Units  and there has to be a rational nexus between the burden and the benefit; and that is what it is all about.  Ms. McAnulty stated she disagrees; she should not be responsible for someone else’s house; and she is sure everybody else feels the same way. 

 

Terry Lewis, with the law firm of Lewis, Longman, and Walker, stated one of the documents the Board has is his firm’s opinion letter; the amount of assessment on an individual structure in addition to the them being required to confer a special benefit has to be proportional generally to the value of the structure and the property; and in his experience manufactured homes are not as valuable, and not as much value can be ascribed to the fire service as can be done on a 3,500 to 4,500 square foot home.  He stated it is the portionality portion of the legal formula that Mr. Burton was referring to.

 

Peggy Reichle stated she has lived in Brevard County since 1965; in 1966 she was living in Carlton Groves on Merritt Island when a water spout took off her roof; and the volunteer fire department put tarps on her house.  She stated Merritt Island became too populated and too densely filled with retail stores; it became an area she did not want to live in anymore; when she moved to Mims in 1986 it was sparsely filled with people; and now everybody had discovered Mims.  She stated unfortunately her fire assessment will increase as a result of some of the statements she has heard because she falls in the category inbetween; she would like to know what other variables were used other than square footage because where she lives there is no hydrant; and inquired if the fire department is going to ensure her house does not burn if there is no water there.  She stated she does not think square footage is the only thing that should be considered, nor what the house is made of; and inquired if she should be assessed the same as someone who has a hydrant on their street. 

 

Mr. Burton replied when he first started the project he met with Chief Farmer and his staff; Chief Farmer showed him the entire County and levels of service provided throughout the County; it is relatively uniform service throughout the County; and whenever looking at each individual parcel there is going to be a different true benefit because some parcels are close to the fire station and some are farther away; but there is not any big area of the County that does not have service.  He stated the assumption was that there is a relatively uniform benefit throughout the County because of how the County resources are deployed. 

 

Ms. Reichle inquired how Mr. Burton can say she has a uniform benefit when there is no hydrant; with Chairman Scarborough responding Mr. Burton is saying that it becomes problematic to do a house-by-house analysis.  Ms. Reichle stated the opening statement in the hearing notice she received was ambiguous; it reads, “Within the unincorporated area of Brevard County”, and then it adds other areas and concludes with, “The Town of Palm Shores benefit area”; and the ambiguous part to her is the if it is just the benefit area of the Town of Palm Shores, or all the named areas of the benefit area.  County Attorney Scott Knox advised all are benefit areas.  Ms. Reichle inquired if the Board is setting a dangerous precedent and if in the future the Board can decide to put a special assessment on anything it chooses.  Attorney Knox stated there are certain things there can be special assessments for, certain things that cannot; and the law determines what can and cannot be done in terms of special assessments.  Ms. Reichle  inquired  which law  Attorney  Knox  is referring  to; with  Attorney Knox responding

Florida Case Law and Florida Statutory Law guides the County as to what it can and cannot do.  Ms. Reichle stated the Board is going to cause a lot of people to move out of the area because of all the added taxes they are getting; she and her husband will not be able to watch this meeting on television because they no longer have cable or satellite service; and the Board is not providing the citizens the proceedings on television unless subscribing to a cable service.  Chairman Scarborough stated the Board is upset about it; but it is a separate subject he would be glad to talk to her about; and the Board is not happy at all about what is happening and the inability of people to access government television.

 

Commissioner Nelson inquired how the fire department responds to a fire without hydrants, versus a fire where there are hydrants.  Chief Farmer replied in the Merritt Island area there are no tankers because there is an adequate water supply, although on some parts of South Tropical Trail there is no water volume; however, in rural areas the fire department uses tankers, which gives approximately 4,000 gallons worth of water to do the initial attack and there are two engines behind that.  Commissioner Nelson stated the fire department is rolling extra equipment in an area that does not have hydrants versus an area that does have hydrants.  Chief Farmer stated that is correct; and there are three engines in Merritt Island, three engines in Mims, plus the tanker. 

 

Barbara Davis stated she was before the Board two years ago when the fire fee was first proposed; and she opposed it then and she opposes it now.  She stated fire protection and safety is a basic service to be provided to citizens and they should not have to pay an extra fee for it; it was just a matter of manipulation of where the Board was going to get the money from; and now it has accelerated into hiring consultants and trying to figure out a more equitable way.  She stated the fire fee is wrong and it should be abolished.

 

Jim Falscroft stated he lives in West Cocoa, which is Commissioner Nelson’s District.  He noted the Board of County Commissioners are elected to manage the County and legislate the needs of ordinances and recommend taxes as needed; and he recently received the notice adding a new tax for fire protection that the Board calls an assessment.  He stated it is a tax without the Board proving its need to the people nor putting it on a ballot for approval or disapproval; also in the notice a threat is made that not paying for the added tax the County would take custody of the properties; and inquired if there is already a fire protection tax, then why is the additional tax needed.  He stated it takes the same personnel and the same equipment to fight the fires; a good example is the drought that happened in the County this year; from the north to the south equipment was used to fight the fires; and it appears to him to be discriminatory, and if all properties are not taxed the same a review of the tax is necessary to be put on the ballots for the people to decide.

 

Mike Cunningham stated whether it is called a tax or an assessment it exists nevertheless; the main thing that has to be remembered is that no matter what it is called or how it is enforced, it has to be equal for everybody; and there cannot be any exceptions.  He noted on August 18, 2008, Florida TODAY published a full-page ad of notice of public hearing; after looking at the ad, it looks like overkill; in the ad there are 64 residential classes, 146 commercial classes, seven  mobile  home  classes, 15 exempt  classes,  and  three  hazard  classes; and the hazard classes are the things he questions very seriously.  He stated the hazard classes are light, ordinary, and heavy; the fire service methodology states, “Hazard codes are based on the risk associated with the use of the property”; and keeping that in mind, he would like to give the Board some examples.  He advised a commercial parking lot has an ordinary hazard attached to it, yet an enclosed auditorium has a light hazard code; a hospital has a light code attached to it, while a crematorium has a heavy hazard code; and a lumber yard has a heavy code attached to it, but a migrant boarding house is considered a light hazard.  He noted since the process has started Mr. Burton has talked on numerous occasions about bins and moving things around; and that is ridiculous.  He stated he will not question Mr. Burton’s professional abilities, but he will question Mr. Burton’s methodology. 

 

Chief Farmer stated the hazard designations are from the National Fire Protection Association; he will be glad to meet with Mr. Cunningham and go through the hazard codes; there is a crematorium in Central Brevard that is attached to several other structures; and with as much heat that is produced, there is a greater risk of fire and a danger of an explosion.  Chairman Scarborough stated if there is a fire in a hospital with people who are hard to move it becomes a more critical issue; the same is true with the King Center; and Chief Farmer is looking at the structure, but Mr. Cunningham is looking at people’s lives.  Chief Farmer stated the only thing that was looked at was the benefit to the structure of the building. 

 

Danny Sharp inquired how long ago it began that EMS services were a special assessment; with Chief Farmer responding it began in the mid to late 1980’s.  Mr. Sharp inquired if it started as a special assessment because no one wanted to put it before the voters to see if they wanted it.  Chief Farmer stated he believes that pre-dates everybody present on how it was created.  Mr. Sharp stated it looks like someone told the County it could not put a special assessment on the EMS; and so the fire department needed the money and flip-flopped it; but it should have been brought before the voters.  He stated the County is paying for golf courses but it is asking for more money from the citizens for fire services; and he does not know how the Board can do that.  He stated the only reason why there is a County government is to provide essential services; if people want arts and golf courses they should have to pay for it; the County is exempting 501(c)(3) organizations from a lot of taxes; and inquired if that means a lot of home school organizations are exempted from anything.  He stated Brevard County is not a large county, but there is a fire chief, a deputy fire chief, four assistant fire chiefs, and 14 district fire chiefs; and he would like to know how much they are paid.  He stated the fire department’s website states there are 450 full-time paid employees, and 225 volunteers; that is the opposite of what it should be; and there should be a huge volunteer force and a few paid people because they are being paid to sit in a fire house and wait.  He commented on fire fighters using fire trucks to run errands and go to grocery stores, and on the need for a full-size fire truck to accompany an ambulance at an accident scene.

 

Chairman Scarborough stated salaries are public record; and if Mr. Sharp would like, the Board can get the answers to his questions to him.  Mr. Sharp stated he would really like to know the reason why fire fighters are going shopping in a fire truck on County time.  Chief Farmer advised personnel are allowed to go to the grocery store one time per-shift to procure food; that is done because on several  occasions the fire fighters are working double shifts and they find out about the double shift when their shift is ending at 7:00 a.m.; and the fire fighters are asked to do that on the way back from a call and not to make a special trip.  He noted fire rescue hires all fire fighter EMT’s or fire fighter paramedics; and fire engines are sent with rescues because there are only two people on the rescue, and to work a serious patient, one person needs to drive, one person needs to do CPR, and one person needs to do the medications; four people could be put on all the rescues, but that would be more expensive, so the engines are asked to do double duty; and it is a model that is recognized throughout the United States.  He stated the requirements to be a volunteer in the 1970’s and 1980’s were that someone just wanted to help out their community; now, to be a volunteer one must have the same exact training as a career fire fighter because fire does not burn any different for a volunteer than a career person; and when the volunteers get all the training they want to get a job doing it.  He noted the State of Florida Fire Marshall set that standard. 

 

Earl Lamar stated the fire tax should be in the general revenue and should not be a special tax for anything; and the citizens are being double taxed.

 

Nadene Simpson stated she would like to know why she has to pay more for the fire service when she lives in a brick home.  Mr. Burton advised a single-family home in the Property Appraiser’s data base carries a base rate; the Property Appraiser uses the base rate to come up with the value of a building; a single-family home has a base rate of $60, and a manufactured home has a base rate of $40; and if a home is worth $75,000 as a mobile home, compared to a single-family home worth $150,000, then there is more benefit from the protection of loss of that home.  Ms. Simpson stated her home is only an 875 square-foot brick home.  Mr. Burton stated in all likelihood, she is going to get approximately a 54 percent reduction in her assessment.  He stated if the Board does not adopt the assessment, Ms. Simpson’s fire assessment will be $212; and if the Board approves the assessment, her assessment will be $99.61, which is a reduction of 53 percent.  Ms. Simpson stated she understands that, but if she lived in a mobile home she would have to pay more.  Chairman Scarborough stated that is correct, as the assessment is set up now.

 

Marlene Adams stated the Board had an Attorney General opinion that Florida Statutes only recognize the authority of a governing board to adjust for a particular property based on the benefit provided to that property; and she keeps hearing the Board say it is not a new assessment, but it is the same assessment with tweaked rates.  She stated the opinion the Board asked for says it cannot adjust the rate except based on the benefit; on the chart, the regular single-family homes have a current rate of $212, and up to one million square feet is $276; and that changed to $39.13 for zero to 700 square feet and so forth.  She stated during the Palm Bay wildfires, the homes that were made out of wood were rubble at best; the homes that were made out of block had the shells still standing; and the fire assessment does take any of that into consideration.  She stated in November 1998 the citizens voted for and passed a referendum for the Charter that said, “No new non-ad valorem special assessments without a vote of the people”; stated she started fighting the fire assessment a year ago based on that; she kept asking what the difference is between a non-ad valorem special assessment and an MSBU; and she has discovered throughout the year that there is no difference.  She stated if the  Board  uses  an MSBU  for  every special assessment, it will never get a vote of the people; the Board can circumvent that charter anytime it wishes and add a tax; and the Board can call it whatever it wants, but it is just a tax increase over and above the tax limits in the ad valorem millage.  Ms. Adams stated Attorney Alan Watts told the Board it needed to change its definition of MSBU’s in order to be able to do what it does; the Board has spent thousands of dollars trying to make the fire assessment look legal or fair; and no matter what the Board does, it cannot fix something that was ill conceived from the beginning.  She stated it is proven that 87 percent of the letters were mailed late; that would preclude the Board from collecting it this year; and now the Board is telling everyone that if it does not collect the assessment the new way, it is gong to collect it the old way.  She stated all over the State she has been seeing things that are not exempted from assessments, including fire assessments, because they receive a benefit of fire services; and logically speaking, they did not pay for the fire services because they were exempt from ad valorem taxes, so they would just be exempted.  She stated if the Board is going to give a private school an exemption, it is going to give them an exemption based on the Use Code of a school; and inquired why a disabled veteran who served the County also would not be exempt.  She advised anytime there is a special assessment that has not been done fairly from the start, it is illegal; and if it was not done right the first time, everyone else should have to shift.  She stated Attorney Heather N. Sinosa, an attorney from Swanee County, advised that to be a lawful assessment, everyone receiving the benefit must pay a proportionately fair share of the assessment, and if one assessment changed, all would have to change proportionately. 

 

Ms. Adams advised when she spoke to the Board about condos, she was told condos were .42 of a unit; she inquired why a condo should be .42 of a unit when some condos are much more lavish than her home; and it was immediately changed to a one-unit, but the Board did not offset all the other residential units.  She stated the number the Board is trying to get to is $22,800,000; and the budget for this year is $25 million; and she was told today it is the balance forward plus interest.  She noted the second handout she gave the Board shows the cash carry forward, which is $10,214,000; there is an area on U.S. 1. near Titusville that is a night club and a motel on the same piece of property; the nightclub is coded light hazard; the motel is coded light hazard, which would be eight cents per square foot; but the Property Appraiser had the combined total as 1210, which is mixed use commercial; and that is an ordinary group two, which is 18 cents per square-foot, so that property got charged twice what it should be.  She stated there is another motel on the road that was charged commercial square-footage for the motel, and behind it is a single-family home; but it was charged nothing for the single-family home; there are multiple mobile home parks, such as Palm Harbor, that was charged for a regular mobile home park; and on the same property is two single-family homes, a duplex, and some commercial space that was not charged anything.  She stated the Board previously charged RV lots $71 per-lot across-the-board; that is probably the fairest thing the Board has done during the whole assessment; but now it has been changed to different ranges of square feet; a driveway with a utility hook up is charged the same rate as a lavish car port with amenities; and those things are not even given a base area in the Property Appraiser’s website, so they will be charged $16.44 because there is no base area to pick up.

 

Chairman Scarborough stated one thing that is intriguing is the application and the individual cases; and inquired how  the Board  anticipated dealing with the cases where an error has been made.  Attorney Knox replied there is a State rule from the Department of Revenue that allows the Board to go back and correct those errors once they are discovered.  Chairman Scarborough inquired if the Board would have to take action on them individually; with Attorney Knox responding it would not necessarily have to be the Board, and it can direct the County Manager to correct the errors.  Chief Farmer advised a previous Board authorized an administrative E&I on items that did not make sense during one of the original public hearings, such as land under water or docks that did not have electricity, and dog houses; and the Board authorized staff to administratively E&I those, but anything outside that delegation, staff brings before the Board on an annual basis as it becomes aware of it. 

 

Buddy Spakes stated he was before the Board on August 28^th when he revealed the RV park fiasco; Attorney Knox tried to cover it up by saying he was mistaken and that he meant to be talking about the Great Outdoors; but he was not talking about the Great Outdoors; the Statute he gave the Board at the last meeting states, “A recreational vehicle park means a place set aside and offered by a person for the parking, accommodation, or rental of five or more recreational vehicles, tents, and recreational facilities”; and that means the Board has to charge the land also and not just the buildings.   He stated the Board needs to refer to the Solid Waste Department, which did things right; and Solid Waste charged all of the spaces like they were supposed to be charged.  He stated there are three County-owned RV parks, and they must be charged; all the things the Board exempted would add money to the pot and lower everybody else’s assessment; and that makes it illegal.  He stated the Board will see Article I of the State of Florida Constitution, Declaration of Rights, Section III, is religious freedom; everybody has a right to their beliefs and freedoms; but it says no revenue of the State or any political subdivision, or agency thereof, shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or aid of any sectarian institution; and the Board cannot use its MSTU to fund fire service for churches.  He stated any Commissioner that votes on something that is illegal can be held personally liable; and State Law lays out what matters on RV parks.  He stated the Board is being failed by its County Attorney.

 

Attorney Knox stated the question was not whether Mr. Spakes was wrong about what he was presenting; what was presented to the Board was a list of different codes; and the first code on the list was condominiums/recreational vehicles.  He advised what that code refers to is the Great Outdoors condominium/recreational vehicles because they are more like houses than recreational vehicles; and there are $400,000 houses in the Great Outdoors.  He stated the things Mr. Spakes is talking about was covered under the definition of campgrounds and campers, which are also defined as recreational vehicles in the Statute, they are in the commercial classification where they should be; and anything that Mr. Spakes is referring to is covered by that particular classification.  He stated the County Attorney’s Office has looked at all the issues before; various opinions have been written; and there have been outside counsel from two different sources and they all agree that there is not a legal problem. 

 

Mr. Spakes stated Section 125.0168 states, “Special Assessment levied on recreational vehicle parks  regulated  under  Chapter  513.     When  the  County  levies  a  non-ad  valorem   special assessment on a recreational vehicle park regulated under Chapter 513, non-ad valorem assessments  shall  not be based on the assertion  that the  recreational vehicle is  comprised of residential units, instead, recreational vehicle parks regulated under Chapter 513 shall be assessed as a commercial entity in the same manner as a motel, hotel, or similar facilities.”

 

Attorney Knox stated the recreational vehicle park definition states, “For the purposes of this chapter, the terms ‘campground’ ‘camping resort’ ‘RV resort’ ‘travel resort’ and ‘travel park’ or any variation of these terms are synonymous with the term ‘recreational vehicle park’.”  He stated they are called campgrounds and camping resorts in the classification under commercial; and that is how they are classified.  Chairman Scarborough stated another question raised by Ms. Adams and Mr. Spakes was if the Board wanted to maintain the current process; and inquired if that is another option.  Attorney Knox replied if the Board wanted to keep the assessment at $212 it would have to re-adopt last year’s methodology.  Chairman Scarborough inquired if the Board would have to re-notify; with Attorney Knox responding no.

 

Fernando Salazar stated he was informed the new fire rate was accepted in the 1980’s.  Chief Farmer stated the question that was asked was when did the EMS assessment begin, and the EMS assessment began in the 1980’s; but the fire assessment began in fiscal year 2006-2007. Mr. Salazar stated the additional taxes on Brevard County citizens is excessive; the insurance has doubled; gas prices have gone up; and unfortunately it is going to get worse.  He stated he disagrees with the increase of taxes; and the people need to choose what to do from now on. 

 

Commissioner Nelson inquired if Mr. Salazar is aware that in 2005 the fire assessment was ad valorem at 2.2035 mills and it dropped down to .6 mills; and there are some people who would not agree with Mr. Salazar in terms of the ad valorem.  He stated the citizens have always been paying something; but the question is where should it be paid and how should it have gotten there.

 

William Carew stated the taxes in general have gone up, especially in the last four or five years; there have been a lot of houses built in the last six or seven years; and the prices were skyrocketing.  He stated common sense tells him with the structure of the taxes there was a big windfall profit; and it was a lot of money that came into the County.  He commented on having to bail out two brothers who have fallen on hard times due to the economy.  He stated there has to be a better way; more and more is being taken away; he is retired, but he may have to go back to work in another five or ten years if everything keeps going up; and he knows a lot of people have a lot less of an income than he does.

 

Roger Jubert stated he owns a shipping business; he has closed down his office and rolled it in with another one and has laid off two people; and taxes are going up on his business and his residence.  He stated he was at the School Board meeting the other night; his taxes on his residence are going up $427 this year; and he spoke to someone upstairs earlier about his taxes and he is going to go up another $35.  He noted he lives approximately 12 houses south of Dr. LaRochelle; and inquired if a barge pump failed the other day while the house burned down.  Chief Farmer advised the City of Melbourne’s fire boat barge failed.  Mr. Jubert inquired what is  the purpose  of that unit;  with  Chief Farmer  responding he does not know,  as  the unit belongs to the City of Melbourne.   Mr. Jubert stated  he had no water pressure  while the house was   burning   down.   Chief  Farmer  stated  pressure  was  not  the  issue;  the issue on South Tropical Trail is volume; the only thing that is going to fix that is increasing the volume; and the only way to do that is to lay down new pipe. 

 

Commissioner Nelson stated a lot of people want the Board to go to ad valorem; if the Board goes to ad valorem, Mr. Jubert is going to pay a significantly higher amount of money; and inquired if Mr. Jubert would prefer the Board go to a special assessment or ad valorem.  Mr. Jubert’s response could not be heard.  Commissioner Nelson stated his point is the Board previously paid the fire service through all MSTU, and it was over 2 mills, and it dropped down and was replaced with the assessment; and he is not saying that was right or wrong, but that is what happened.  He stated Mr. Jubert saved over $1,000 when that happened compared to what he is currently paying because of his property value.  Mr. Jubert stated the Board has created a class warfare; there are seven different echelons of square footage; and the Board is considering anyone over 2,200 square foot as rich and it is taxing the rich.  Commissioner Nelson stated his assessment went up as well; the Board is stuck between two methods of collecting dollars; and the question is if it is put to a vote the citizens will decide on either ad valorem or assessment. 

 

Rolf Meier stated he lives in unincorporated Indialantic and has two homes; he objects to every penny of the fire assessment; and he realizes he has been paying it for the last three years.  He stated a special assessment is not so special when it becomes routine; Chief Farmer is stating since it has been done once it can continue and that is how he can fund his whole department; and inquired if Fire Rescue is the only department that is run by a special assessment and not a reasonable part of the budget.  He stated in 2006 he received a letter that gave a reason for the special assessment; that reason was to recoup the actual funds expended to fight wild fires from the previous fiscal years; the Board agreed that was a reasonable way to recoup the funds; then in 2007 he was charged the special assessment; and now there is another one this year.  He inquired where is the $22 million going this year; stated all the citizens get is a study by Mr. Burton that says he got 60 percent of the people paying for the assessment to pay less; that means that the other 40 percent, including him, pay more; and that is just a complete waste of money.  He stated the special assessment statute has become a back door for Chief Farmer to break into every year and fund his department; there is no budget responsibility; there have been three years to work out all the budget shortfall issues that the Board had and just choose not to do that and say to the people that they paid for it last year and will pay for it this year; and it is a complete negligence of duty by the County to make a budget that is not free of special assessments and it is a failure of Chief Farmer to live within the budget he submits.  He stated the special assessment raises his main residences taxes by 14 percent; and he is asking the Board to return a little integrity to the tax system and hold Chief Farmer accountable for the budget he submits and cancel the assessment.  He noted Mr. Whitten stated on the record that the money will fund over 90 percent of the fire fighters on the force; and inquired how a budget can be submitted that does not include the salaries of the people who work for the Board and turn around and ask for a special assessment to fund them. 

 

Roger Shealy stated in 2006 the Palm Bay lawsuit made the EMS fee illegal, but the lawsuit did not  require the fire assessment;  the  fire assessment  was a decision by the  Board to fund and replace the funds; and that distinction is important because it was the Board that decided on the assessment.  Mr. Shealy stated federal government recognizes that local services are best deployed locally; that recognition is demonstrated by allowing the tax payers to deduct their ad valorem property taxes on Schedule A of Form 1040; but fees, or assessments, are not deductible; and government is not funded by fees and assessments.  He stated Fire Rescue is one of the most fundamental services in the County; it is almost an insult to say it is going to be funded with a fee; he has heard the non ad valorem assessment being described as the value comes into play and somehow value can have a bearing on it; and it is a non-ad valorem, ad valorem assessment, which he does not believe can exist.  He stated he has a solution; the fire assessment fee needs to be abolished; and he does not believe the Board will have to re-trim.  He stated the Board can reduce the General Fund millage by .55 mills, which reduces General Fund revenues by $21 million; and then the Board can increase the Fire Control MSTU by .59 mills, which will bring in an additional $10 million; and added to the $10.8 million that has already been proposed, it will bring them up to $21 million and the problem is solved; and Fire Rescue will be funded and the Board will not have to re-trim because the aggregate is kept below the line.

 

Commissioner Nelson inquired what Mr. Shealy would not fund; stated that becomes a $20 million cut in addition to the $20 million the Board just cut; and inquired since Mr. Shealy was on the campaign trail, what would he not fund.  Mr. Shealy replied the Board can reduce the General Fund $21 million.  Commissioner Nelson inquired what Mr. Shealy would not fund, because at that point another $20 million has to be cut out of the budget as it has been proposed at this point in time.  Mr. Shealy stated there is a Budget Workshop coming up before the final Budget Hearing; instead of holding it during the day when no one can attend, the Board can hold the Budget Workshop in the evening and he will come and answer Commissioner Nelson’s question.  He stated he gave the Board a solution to abolish the fire fee without having to re-trim and re-notice everyone; it is correct the Board will have to find $21 million out of the General Fund; but the Board should have dealt with this problem in 2006 when the fire fee first came up, but Palm Bay prevailed.  Commissioner Nelson noted he was not on the Board in 2006.  Mr. Shealy stated he realizes that but this Board will have to deal with it; and he would like to task the Board with finding $5 million each.  Commissioner Nelson inquired where Mr. Shealy will find $20 million; with Mr. Shealy responding at the Budget Workshop that will be held in the evening he will help the Board find it. 

 

Victor Brungart stated the Fire Rescue Budget is $84,105,389; that is $84 million spread over 539 full-time equivalent employees in Fire Rescue; and it is $160,000 per person.  He stated he has been a volunteer fire fighter paramedic in three different states over a period of 20 years, and he knows everything there is to know about being a fire fighter and paramedic; and he also knows the Fire Rescue Department is mismanaged, and it costs too much.  He stated approximately 90 percent of the calls are medical and not fire; when 300 fire engines roll for medical calls it costs a lot of money; and when the fire fighters go out to get supper it costs a lot of money.  He stated it is his opinion that the fire assessment should be zero; stated Commissioner Nelson asked  Mr. Shealy how to find $20  million, but he is not on the Board and that is up to the Commissioners; and stated the Board can find a way to fund fire service at zero cost to everybody so that there is no class warfare. 

 

Chairman Scarborough stated the Board collects General Revenue funds from people who live in the municipalities as well as in the unincorporated areas; the service is only provided to the unincorporated areas; and there is no exchange between the two because if the Board uses monies from people living in Melbourne to provide a supplement to the budget, it runs into another lawsuit and another problem.

 

Don Sims stated he is a cheerleader for police and fire personnel who place their lives in harms way on a daily basis to protect and serve.  He stated his biggest disagreement is that the Wickham Business Park and Industrial Complex, which is composed of 40 units in four buildings, and in which the units are concrete construction with the vast majority having a small 10X10 office with the remainder being 12,000 square-foot warehouse units; all units have fire walls, fire extinguishers, concrete floors; and because of lease restrictions no tenants are involved in combustible production or storing of toxic materials.  He noted there is an annual insurance audit; each unit is inspected to verify to the insurance carrier that he is in compliance and able to keep costs low; through four hurricanes there was only $1,215 damage and he never filed a claim; he has an annual contract with a fire extinguisher company to yearly re-charge each extinguisher; and to his knowledge, his is the only industrial park to ever be nominated for the Keep Brevard Beautiful award.  He noted in the past he paid a fire fee for the four buildings in total; this year he has been billed for 40 individual units totaling close to $14,000; and he cannot support that.  He stated his tenants are mostly small business people, many of them with young families and are barely hanging on; although his lease allows him to pass on the fire assessment to his tenants, he has watched too many young entrepreneurs in the past two years come to him and say they cannot stay in business any longer because taxes, insurance, and out of control repetitive regulations are forcing them to go out of business; and he will happily support and pay for the four buildings, but not 40 individual units.  He stated in addition, his taxes went from $47,000 to approximately $80,000; and watching the ruination of many business owners in Brevard County has to stop. 

 

Dorothy Jones stated she has a small business that has been in Brevard County for 35 years; and she has paid her fair share of taxes and has tried to keep her employees.  She stated she is having a hard time like everybody else; she is down to ten employees, when she used to have 25; and the special assessment being proposed increased her assessment by 50 percent, which is too much.  She stated when Mr. Burton first gave his presentation he talked about how the Board instructed him to look first at residential and see what could be done to make things fair; but nothing was said about how to make things fair for commercial; but commercial businesses employ the people who have the houses that pay the residential taxes; and if they cannot continue to employ the people, the people cannot continue to pay for their houses.  She stated it is not fair that the commercial owners have been hit harder than the residential people; prices of materials and gas has gone up, but she still charges the same rate because she is bound by contract.

 

Ms. Busacca inquired if Chief Farmer could look at Ms. Jones’ documents.  Commissioner Nelson stated the commercial assessment came down across-the-board by 15 percent.  Ms. Jones stated she has her tax bill from last year.  Commissioner Nelson stated Chief Farmer can look at her tax bill with her.

 

David Armstrong stated he has heard things tonight that he thought he never heard before unless he was at an insurance commission meeting in Tallahassee when he heard the words ‘revenue requirement surcharge’; for every specialist there is for him, he can have two for the Board.  He stated he is a builder, but he tells people he is a retired builder; and he is retired by the environment of Brevard County.  He stated the impact fees put him in retirement mode; the tax puts many taxpayers in retirement mode; but unfortunately, they have to retire to other states.  He stated he went to the second floor and it was explained to him that he should be happy the fire fee went down for him; he stated the example the Board has does not show the vacancy rate; and his commercial property is vacant, so where is his correction for vacancies.  He stated it is a 16,000 square-foot warehouse that is over 40 years old with a fire hydrant in the front door; and inquired where is his adjustment.  He stated he believes the fire assessment is unfair; impact fees are unfair because they are one size fits all; and at least the fire assessment is on a square footage basis.  He stated the tough cuts have not been made that need to be cut; but when the Board says it controlled 100 jobs by not filling 77 vacancies, it has not done its job.  He stated the Board has not yet budgeted properly; it has not budgeted to what its means are; the Board can get its budgets right; what the Board did with the EEL’s Program was good, but today is a different day; and the County needs to change its plans.  He stated the people running for Commissioner in November should have been present tonight to listen to the people.

 

Eva Nagymihaly stated she has heard a lot of good ideas and comments, but they all add up to the exact same thing, which is that the Board needs to do something right for the citizens; the citizens have been telling the Board it does not need to be assessed for fire service; and the service for fire is a necessity and it should be in the tax bases on the top.  She stated if the Board cannot take it all at one time, why is it not working to get a part of it above the line; and maybe by the fifth year it could all be above the line.  She stated the Board needs to work on the budget and figure out how it can save some money, and how it can take some money out of the General Fund; all the reasons are very important because everyone who saw the audit knows there was extra money in the fire department all along; and for that mistake to happen is shameful because it was not properly managed.  She stated the Board needs to learn from the mistake and start managing correctly so that extra money is there and can be used; it needs to stay above the line so that it is fair for everybody; and if it falls below the line it should be the exact fee to everybody and should be equal.  She stated a fee means that everybody has to pay it; if the Board wants to allow that churches and government do not pay, then it must put it above the line, otherwise it is illegal; and the Board needs to make sure it sets an example for the citizens and does the right thing. 

 

Kenneth Burns stated there is tremendous waste in the fire department; he is a retired New York State Safety Officer; and in New York first responders to an auto accident is the police department; if a fire engine or ambulance is needed, they are called.  He stated Brevard County has  taxed  him out of his business  of  real  estate  development;  his  property is  a multi-family dwelling on Valkaria Road; and between the Property Appraiser’s Office and the special assessments, his taxes were over $5,000 per year.  He stated he cannot get tenants to rent his apartments because he cannot pay his taxes with the amount of money he receives; and now he is losing his property.  He stated he feels the Board has taxed him out of the County; if he could  charge  a special  assessment  he would be able to hold on to his property.  He stated he has never seen a volunteer fireman in Brevard County in the eight years he has lived here; and he cannot believe nothing can be done other than to charge the simple resident or businessman a special assessment.  He stated the Board needs to do away with the special assessment to the best of its ability and spend time on it, and get the fire department to stop running around neighborhoods doing nothing; a fire truck is needed to put out a fire and not to supervise or block traffic; and inquired how much money is wasted when there are five vehicles responding to a traffic accident with two cars when nothing is on fire and no one is hurt. 

 

Mike Burton stated Ms. Adams was concerned about when the condominiums were moved from a lower benefit code to a higher benefit code and she said the other ones should have gone down; Ms. Adams was probably not aware that the other ones did go down; for instance, the average home, before that was done, had a benefit factor of $183 and went down to $177; homes with a benefit factor of .6 went from $110 to $103; and the ones with a benefit factor of .2 went from $78 to $74.  He stated another issue that was brought up was the $10 million reserve in what appeared to be a discontinuity between the budget numbers; in the financial plan that Burton and Associates helped lay out with the Board, portions of the $10 million reserve are being used to by down the assessment; and that is one of the reasons the Board was able to have a 15 percent reduction in the assessment over a period of years so that the reserve reaches the working capital reserve requirement of two months ago.  He stated another thing that was brought up was about value being ad valorem, the value here is the value of the building and not the assessed value of the property, and it is the benefit criteria; and ad valorem has no benefit relationship, and there is no relationship between the tax and the benefit received if the value is a benefit criteria.  He stated the Board has been challenged by a number of people to think differently than it has been thinking; if the Board has un-exempted all the properties it has exempted, it would not change the assessments because it would just change how much it had to transfer over from the MSTU; and it is not on the shoulder of the other parties.  He stated Ms. Adams brought up a number of examples about mixed-use properties in which there is a primary Use Code that may be a mobile home park that has 70 units and may have a single-family home and a 1,500 square-foot business on the same property; it is acceptable within these types of assessments to use the primary use of a property; the Board can go more granular that that; but it is acceptable to do it the way it is done; and he has done an analysis that says if the Board did go to that level of granularity, he would expect it would only have a little less than a .3 percent effect on revenues; and the Board can do that in the future if it wants to.  He stated the Board can choose to accept the proposal and then over 60 percent of the parcels in the County would have a reduction; when the commercial parcels are added in there would be a 50 percent reduction; and if the Board chose not to do it then everyone would be the same as they are now.  He noted the other option before the Board is if it is compelled at doing the fire assessment as ad valorem; he does not think the Board can do it all at once; the Board has a ten percent limit on how much it can increase the MSTU; and when the  lawsuit  required  the  Board to get rid of the assessment for EMS, the Board had no choice, and it could not have increased the MSTU enough to cover all the fire costs; and the Board could do that over time.  He stated it seems to him that to go to ad valorem all at one time is not possible; and it would have to be a phased approach.

 

Chairman Scarborough stated Attorney Knox informed the Board it could vote on it. 

 

Attorney Knox advised if the Board wants to do that, it would probably be two special acts, a charter provision and a general law that all conflict with one another that have to be reconciled; the existing special act is going to require the Board to go out for referendum if it goes over ten percent in operating revenues. 

 

Chairman Scarborough inquired if there is enough time to put it on the ballot for the November election, to be something that could be dealt with the following year.  Attorney Knox replied the deadline for the November election ballot language was September 1^st.  

 

Chairman Scarborough stated what he has heard from a lot of people is that they would like to vote on it; if the issue is raised it could be put on the ballot in November; but there is not an option to do it this year; there are too many moving parts to make things change this year; but the current Board can do it so that the new Board can move toward that option for next year.

 

Commissioner Colon stated at that point, the Board is tying the hands of three new Commissioners; and Chairman Scarborough is saying the future Board is going to have to cut $21 million.  Chairman Scarborough stated what he was proposing was to have the people vote themselves for the $21 million in an MSTU that would take over the assessment issue; and if the people did want that then the Commission would have that voted in by the people.  Commissioner Colon stated three new Commissioners would be put in a position of having to cut $21 million, which is aside of what is going to have to be cut next year.  Chairman Scarborough stated that was not his intention. 

 

Attorney Knox inquired if the Board is talking about putting on a straw ballot for November’s election; with Chairman Scarborough responding he wants something that meets the legal requirements in which it would say not in this calendar year, but in the next fiscal year this new tax would come into being; and if it did come into being, the assessment would go away.  He stated he heard a lot of people say they would like to have that option. 

 

Commissioner Colon stated there are tough decisions that have to be made; the budget meetings have been going on for years; and today is not the first budget meeting.  She stated her concern is for the three new Commissioners that are coming in; if the Board felt that the last two years have been difficult, wait until next year; and it would be extremely unfair to do that to the three new Commissioners.  She stated the most difficult part about everything is that the Board knew it was coming; it knew there were going to be some issues in regards to the referendum that was approved last year with the cuts that were requested by the State; 70 percent of the citizens of Brevard County were not going to be affected because 70 percent of the community was already protected by Homestead; and that meant that 70 percent of the people who owned a home in the last four years  were protected, and the ones that were getting killed by it was their neighbors that had just bought a home.  She stated the discussions today are not new to any of the 67 counties in the State; all 67 counties in the State of Florida are going through this right now; and some have it worse than others.  She stated the hardest part is that the Board needs to make sure it gives its citizens the quality of life they are expecting; the Board has been trying hard to continue to cut; and inquired how it not affects the quality of life for the citizens.  She commented on the hard work and dedication of the fire fighters and police department during the wild fires when they risked their lives. 

 

Commissioner Voltz stated three years ago she was the swing vote to make the fire assessment happen; she was told there was no money in the budget, and that if she did not vote for the fire assessment there would not be a fire department; she was faced with either having a fire department or a special assessment; and so she voted in favor of it.  She stated after the first year it was found that the fire department had $8 million too much; but the Board was not made aware of that; and the fire department kept collecting money.  She stated she assumed the second year it was going to be taken care of, but the Chief told her there were three Commissioners that said they did not want 300 people showing up in the audience and they did not want to touch it; the fire department kept collecting more money; over $5 million was collected the second year; and now there is almost $13 million sitting there that no one would have known about until Burton and Associates did the study.  She noted the fire fighters have always done a great job and they have every right to go to the grocery store on the way back from a call to get food; and people who do not work those kinds of shifts do not understand what that is all about.  She stated any three new Commissioners will be able to handle tough issues like the current Commissioners did when they first came on the Board; and there is always tough issues.  She noted any ballot language provided this year or next year will ask the voters if they want to have ad valorem or an assessment, because the money still has to be collected to pay for the fire department, but the question is how much money is really needed.  She stated she does not believe she trusts the judgment of the Fire Chief to say how much money is needed because he has collected too much, and he has not come back and told the Board he has collected too much.  She advised she supports the assessment; it has to be done at this point as there is not much of a choice; but she said several months ago that the County needs new leadership in order for things like this to get settled; and this is not the way government should be run.  She stated she is going to have to support the assessment if the Board changes it; and she does not like the assessment this way, but at this point the Board does not have a choice. 

 

Commissioner Nelson stated he wanted to go ad valorem, but there was a timing issue, and that is where the Board is now; instead of being able to put it on the ballot, the Board was up against two budgets to be able to do that.  He stated what Commissioner Colon said was probably true; he and Commissioner Bolin and a new Board will have to decide if it is going to go to referendum; and that is a real possibility.  He stated it is an issue the citizens need to speak on.  He stated he was not on the Board in 2006 and he does not want to criticize how it got to this point; the Board is out of options at this point; and the fire department has to be funded.  He stated when his father had a stroke it took five firemen to put him on the stretcher, so sometimes it is necessary to have the fire engines assist the ambulances on every call; it is not always  known  when the call first comes in,  what the situation  is or what it will turn into; and he would rather have the firemen out doing that rather than sitting in the firehouse waiting for a call.  He stated he is supports the fee because it is better than it was; he has a problem with the one-size-fits-all approach; and what the Board has come up with is the best it can do for right now, and it needs to be put to the voters.

 

Commissioner Bolin stated the Board knew because of the percentages it could not do one leap because it was over the ten percent allowed to do an increase; but phasing has been discussed; and inquired if Attorney Knox could give her an idea of how that is possible.  Attorney Knox stated he will get back to Commissioner Bolin.  Commissioner Voltz stated the Board should not be looking at putting something on the ballot because it would be rushed and most likely, it would be wrong.  Chairman Scarborough stated it was discussed by a lot of people; but there is only so much the Board can do under law with certain things.  He stated when the Board hears enough people who say they would like to vote they should be allowed the opportunity because that is the way the Board operates.  Commissioner Voltz stated if it could have been above the line all along, the Board could have left it there; the Board did not want to do what it did; but the Board did not have the capacity to fund it through ad valorem taxes; and that is what put it in the position it is in; and she thinks it would be wrong for the Board to rush anything right now. 

 

Commissioner Nelson stated last year after the budget process the Board went through an audit process and that is where it identified some additional dollars; and that is also how the Board is achieving the reduction, although it does not look that way because there are many new categories, but there is a reduction in which dollars are being given back by reducing the assessment. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to accept the Fire Assessment Report from Burton & Associates.  Motion carried and ordered; Commissioner Colon voted nay.

 

 

Motion by Chairman Scarborough, seconded by Commissioner Nelson, to adopt Ordinance No. 08-35, amending Ordinances 06-045 and 07-044 of Brevard County, Florida; providing for and amending the Fire Service Non-Ad Valorem Special Assessment Methodology; providing for and amending definitions; providing for and amending legislative findings; amending language regarding exemption; amending designations associated with property use codes to incorporate new methodology; and providing for an effective date.  Motion carried and ordered; Commissioner Colon voted nay. 

 

 

Motion by Chairman Scarborough, seconded by Commissioner Bolin, to adopt Resolution No. 08-194 adopting a schedule of rates, assessments, and charges for fire service operations, Haz-mat Special Operations Team, fire prevention and inspection fees, imposed against all improved real property within the benefit area of Brevard County for the Fiscal Year beginning October 1, 2008.   Motion carried and ordered;  Commissioner Colon  voted  nay.       

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution No. 08-195 ratifying, confirming, and certifying the annual fire services non-ad valorem special assessment roll for the County Fiscal Year beginning October 1, 2008 and forwarding same to the Tax Collector’s Office for collection in the same manner as ad valorem taxes are collected.  Motion carried and ordered; Commissioner Colon voted nay. 

 

 

Commissioner Nelson stated in anticipation of this issue for the new Board, he would like to ask that the County Attorney begin the process of determining the steps necessary to put this on the ballot for a future Board.  Commissioner Voltz stated the next Board should make that decision.

 

Commissioner Nelson stated his concern is that the Board is up against a time frame, and he does not want to lose time with a new Board; and all the Board is doing now is getting the information. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct the County Attorney to begin the process of determining the steps necessary to put the Fire Services Assessment on a future ballot.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough called for the public hearing to consider FY 2008-2009 budgets for Solid Waste Management, Stormwater Utility Department, and Municipal Service Benefit Unit Program.

 

Interim Budget Director Elizabeth Swanke advised it is her understanding that it has been determined that the adoption of the Fire Service Non-Ad Valorem Assessment is not applicable due to revisions in the current wording of that Ordinance.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopted Resolution No. 08-197 adopting final budgets for Solid Waste Management at $108,272,146; Resolution No. 08-198 adopting final budget for Stormwater Utility Department at $7,594,212; and Resolution No. 08-199 adopting final budget for Municipal Service Benefit Units at $125,962.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

 

Chairman Scarborough called for the public hearing to consider tentative approval of a resolution adopting the Brevard County budget for FY 2008-2009.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant tentative approval of Resolution adopting the County’s Total Budget for FY 2008-2009, which includes $875,059,605 for County agencies; $132,522,312 for Charter Officers; and $87,786,415 for Dependent Special Districts.  Motion carried and ordered; Commissioner Voltz voted nay.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, acting as the Governing Board of the Brevard Mosquito Control District, authorized the Chairman to sign the State of Florida, Department of Agriculture and Consumer Services, Mosquito Control District’s Annual Certified Budget for Arthropod Control for fiscal year October 1, 2008 through September 30, 2009.  Motion carried and ordered unanimously.

 

 

 

Upon motion and vote, the meeting was adjourned at 11:03 p.m.

 

 

 

 

                                                                        _________________________________

TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)