The Board of County Commissioners of Brevard County, Florida, met in special session on September 6, 2000, at 5:30 p.m. in the Government Center Commission Room, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

Chairman Higgs advised Scout Pack 318, Fox Patrol led by Andy Lee will make a presentation on the flag then lead the Pledge of Allegiance.

Andy Lee advised the scouts are fourth graders from Creel Elementary School working on their citizen badge; their task was to visit a community leader, so they visited Commissioner Carlson; and now they would like to describe the meaning of the flag and the Pledge of Allegiance.

The scouts stated, "The flag is a symbol of our country; and the design and colors have special meaning. The red represents the bloodshed of our freedom; the white stands for purity; and the blue symbolizes loyalty. The stars represent the 50 states and the stripes represent the 13 original colonies." They explained the Pledge of Allegiance as a promise to be true to the sign of our country made up of 50 states each with its own rights and a country where people elect their fellow citizens to make laws for them. They explained that the flag stands for our country, a single country whose people believe in religious freedom, and a country that cannot be split into parts, with freedom and fairness for every person in the country.

Mr. Lee introduced Ann Marie Montepero, Michael, Peter, Jarred, Teddy, Garrett, Curt, Bruce, and Josh; and led the assembly in the Pledge of Allegiance. Chairman Higgs expressed appreciation to the scouts for their presentation and participation.

REPORT, RE: CITING PROPERTY OWNER FOR CODE VIOLATIONS

Commissioner Scarborough advised when there is a Code violation, the property owner is cited even if someone else causes the issues; however, that person is not a party to the action. He stated he talked to the County Attorney who suggested amending the Ordinance; failure to do that may mean a loss of due process for the party adversely affected by the special master's decision; and requested a report and ordinance be put on the Agenda as soon as possible.

Commissioner O'Brien inquired if Commissioner Scarborough wants to require not only the landowner but the renter as well; with Commissioner Scarborough responding if there is a party adversely affected by the outcome of the action, to make that person a party with full standing in the proceedings.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Attorney to prepare an ordinance amending the Code Enforcement Ordinance to provide for persons adversely affected by a Code violation to be a party to the proceedings with full standing. Motion carried and ordered unanimously.

REPORT, RE: TOWN MEETINGS

Commissioner Carlson announced that District 4 will hold a series of four town meetings; and the first one will be next Wednesday at the Agricultural Center on Lake Drive in Cocoa, from 6:00 p.m. to 9:00 p.m. She stated there will be two meetings in September and two in October to provide the community with an update on County issues and any discussions the community wants to have with their Commissioner regarding the Charter amendments that will be on the ballot and the Parks and Recreation Referendums. She invited everyone to come out who are interested in having discussions on those issues.

REPORT, RE: PARKS AND RECREATION OVERSIGHT COMMITTEE

Commissioner Carlson advised of a request from staff to establish an oversight committee for the potential Parks and Recreation referendums, if they pass, so there will be accountability; and requested a report from staff for next Wednesday's meeting to make sure there are accountability and assurances to the public that the money will be spent appropriately.

Commissioner Scarborough stated when the Port St. John referendum occurred, they went through the North Brevard Parks and Recreation Advisory Board, established subcommittees for each particular project, and worked with the A&E firms that were hired. He stated the way it works best is to bring it to the user groups; and if the Board creates a master committee countywide, he would vote in opposition because even at the Sector Board level it is too far removed from the user groups. He stated there was an enormous amount of time put into the projects; and nobody would have enough time to comprehend the vast array of projects.

Commissioner Carlson inquired if Commissioner Scarborough does not want a board taken from members of the various Service Sector Boards in North, Central and South Brevard along with some lead representatives to oversee the dollars; with Commissioner Scarborough responding he would oppose that because the North Brevard Parks and Recreation Board, which had $30 million in projects, listened to the people and reduced it to $15 million; nobody is better advised about the projects in North Brevard than that Board, yet they would not take on the task of further analyzing the projects, and would create subcommittees of user groups.

Commissioner O'Brien advised the local committees are the ones who brought it forward to the Board; if the public wants it done, they can form subcommittees to show accountability and oversight; and the Board can direct Parks and Recreation to ensure the committees have that responsibility and visit the sites being constructed on a regular basis. Chairman Higgs stated the Sector Boards would have individual mechanisms of accountability through that scenario.

Commissioner Carlson stated that would be fine, but it needs to be brought up front when staff goes into the process of educating the public that there is going to be a process for accountability and no politics involved.

Chairman Higgs inquired if the Board desires to have Parks and Recreation or the County Manager prepare a memo for the Board on the accountability process; with Commissioner Carlson responding that would be appropriate.

The Board reached consensus to have the Parks and Recreation Director or the County Manager prepare a memo setting forth the accountability process for the Parks and Recreation Referendums should they pass.

REPORT, RE: FINANCIAL ADVISOR SERVICES

County Manager Tom Jenkins advised staff issued request for proposals for financial advisor services; the Board instructed staff to have a selection committee come back with three finalists; only four proposals were received; so if it is the Board's desire, staff will bring back the four proposals for it to decide how it wants to proceed with the selection process.

Chairman Higgs agreed with the suggestion of the County Manager.

RESOLUTION, RE: PROCLAIMING WOMEN IN CONSTRUCTION WEEK

Commissioner Higgs read aloud a resolution proclaiming September 3 through 9, 2000 as Women in Construction Week.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming September 3 through 9, 2000 as Women in Construction Week in Brevard County, and encouraging citizens to congratulate the Space Coast Chapter of the National Association of Women in Construction for their many accomplishments. Motion carried and ordered unanimously.

Chairman Higgs presented the Resolution to a representative of Space Coast Chapter 355.

PUBLIC HEARING, RE: TENTATIVE AGGREGATE MILLAGE RATE FY 2000-2001

Chairman Higgs called for the public hearing to consider the tentative aggregate millage rate for FY 2000-2001.

Management Services Director Stockton Whitten advised the tentative aggregate millage is 6.900 mills, representing a 2.23% increase over the rolled back rate of 6.7492 mills, but less than the current rate of 6.9082 mills.

No comments or objections were heard.

PUBLIC COMMENTS, RE: TENTATIVE COUNTY BUDGET FOR FY 2000-2001

Chairman Higgs called for the public hearing on the tentative County Budget for FY 2000-2001.

Don Gust, Randy Harris, Rick Blucker, Barbara Moore, J. B. Kump, Eric Neitzke, Jeff Troan, Rick McNeight, Ed O'Connor, Sam Kumar, Greg Moore, Jim Johnson, Bart Powell, Frank Kinney, James Jennings, Lee Bohlmann, Hank Simon, Tom Denison, Ned Buffington, and Franck Kaiser all spoke in support of additional funding for the Economic Development Commission (EDC), and advised of the outstanding services EDC has provided to their companies and the County.

Jeffrey Rainey, Chief Lionel Cote, David Crawford, Wayne Torpy, John Blackledge, Bob Sarver, Deborah Barker, Charlie Cox, and Steve Kreuzkamp all spoke in favor of increasing the Sheriff's budget for the two positions, and advised how the Aviation Unit has been beneficial to the various Police Departments.

Terry Altman and Janice Kershaw spoke in support of funding the Juvenile Assessment Center, and advised of the importance of the Center, the services rendered, and the savings it will experience in future costs. Teresa Ponchak was present to answer any questions about the Juvenile Assessment Center.

Robert Doucette, Janis Walters, and Curt Lorenc talked about the activities at Valkaria Airport, indicating it should be self-supporting, no monitoring of pilots buzzing homes, and requesting funds to increase hours for supervision at the Airport.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to allow people to speak more than once on budget items. Motion carried and ordered unanimously.

J. D. Kump and Kay Burk requested additional funding for Brevard Cultural Alliance for strategic planning, Arts in Public Places, and Community Cultural Grants Program, and advised of what companies look for in a community before relocating.

Curt Lorenc and Robert Doucette spoke about the Space Coast Government Television Channel, noting it operates well but discriminates against the public because it is government to government and has no public input, and requesting the Board approve the procedures for operation of the SCGTV as presented by Mr. Doucette.

The meeting recessed at 7:48 p.m., and reconvened at 8:03 p.m.

DISCUSSION, RE: REQUESTS FOR ADDITIONAL FUNDING

Management Services Director Stockton Whitten advised EDC requested $165,000; and the County will receive $23,000 additional funds from occupational license fees that will offset the $165,000.

County Manager Tom Jenkins advised the EDC will get $575,000 currently in the budget, and rounded off $25,000 from occupational licenses for a total of $600,000 for next year. He stated they will get $140,000 from the $400,000, and $25,000 from the licenses.

Mr. Jenkins advised Cultural Alliance increased by $5,000; in addition, TDC agreed to provide up to $15,000 for the strategic plan the BCA requested; so that would be an additional $20,000. Commissioner Scarborough stated he heard it was $71,000. Mr. Jenkins inquired if the $71,000 included the $5,000 and $15,000 from TDC; with Mr. Whitten responding no. Commissioner Carlson stated the TDC has found additional dollars; the BCA is trying to find the dollars for a complete study that would cost approximately $50,000; and it will benefit the economic development community and cultural community and vision for the County.

Kay Burk, representing the Brevard Cultural Alliance (BCA), advised the request is for $71,250 in additional funding which does not include the TDC dollars; and $49,285 of that is for the plan. Mr. Jenkins inquired if TDC provides funding, would BCA reduce the request; with Ms. Burk responding no, they need the additional $15,000 to have the complete plan.

Chairman Higgs inquired if BCA is asking for $15,000 from the County plus $15,000 from the TDC; with Ms. Burk responding yes. Commissioner Carlson stated the $15,000 is the minimum needed for the plan; and it is crucial to the overall vision of the BCA. Commissioner Scarborough inquired if $71,000 needs to be deducted from the $400,000; with Ms. Burk responding that would cover the entire request they made in this budget process. She stated there is money in the TDC's cash carry forward; and advised $15,000 was requested for the strategic plan, $6,250 for the public arts actual program cost, and $50,000 increase for community grants program for a total of $71,250. Commissioner Carlson stated the strategic plan will help them determine how to get dollars from the community at large not just local government; and that is one of the main reasons they are going after the plan.

Commissioner O'Brien stated the $400,000 came from tax dollars and could be used to reduce taxes rather than spending it. He stated the Property Appraiser said the County will make more money than originally estimated; and if the Board is not going to reduce the General Fund millage by $400,000, it should fund the two positions that were requested by the Sheriff. He stated he will support $134,000 for the Sheriff, $160,000 for the Juvenile Assessment Center, $90,000 for EDC, and $5,000 for Homeless Veterans. He stated EDC helps everyone in the County; and they need to continue to diversify, because that is the key to Brevard County's future.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize allocating $134,000 to the Sheriff for two positions, $160,000 for the Juvenile Assessment Center, $90,000 for EDC, and $5,000 for Homeless Veterans.

Commissioner Carlson recommended funding for BCA's strategic plan be included in the motion. Commissioner O'Brien stated EDC is a priority in Brevard County; and BCA should get corporate donations or do the study next year. Mr. Jenkins advised the motion includes a total of $389,000, leaving $11,000 from the $400,000. Commissioner Voltz suggested giving the $11,000 to BCA; with Commissioner O'Brien responding he cannot support that.

Commissioner O'Brien amended the motion to fund EDC $101,000 instead of $90,000.

Discussion ensued on allocation of the additional $400,000, with the majority of the Board supporting the two positions for the Sheriff's Department, the Juvenile Assessment Center, EDC, and the Homeless Veterans Shelter. Discussion continued on funds for EDC, BCA, other priorities, and the auto theft agent and information systems specialist.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to amend the motion to allocate $134,000 to the Sheriff, $160,000 for Juvenile Assessment Center, $90,000 for EDC, $5,000 for Homeless Veterans, and $11,000 for Brevard Cultural Alliance for grants or the study.

Commissioner O'Brien stated he cannot support BCA; there are other priorities and BCA is not one; it is a fantastic organization and needed, but there are other sources of funding for the arts.

Discussion continued on funding for the Sheriff's positions, no information on the Homeless Veterans Shelter, leveraging tax dollars for community betterment, BCA funding for the study, and looking at BCA and EDC at mid-year.

Motion by Commissioner Scarborough, to table the requests for additional funding to the final public hearing on the budget. Motion died for lack of a second.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to allocate $5,000 to Homeless Veterans, $134,000 to the Sheriff, $160,000 to the Juvenile Assessment Center, and $101,000 to EDC.

Commissioner Scarborough stated he would vote against it because he prefers to visit with people and get more knowledge of the needs for additional funds. He stated it would not be fair to do something then revise it later.

Chairman Higgs called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Voltz voted aye; and Commissioners Scarborough, Carlson, and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table requests for additional funds until September 19, 2000, and direct staff to visit each Commissioner to discuss the allocations. Motion carried and ordered unanimously.

Commissioner O'Brien stated he is open to reducing the millage with the additional funds.

PUBLIC HEARING, RE: FY 2000-01 TENTATIVE MILLAGES

Chairman Higgs called for the public hearing to consider the tentative millages for FY 2000-2001.

Management Services Director Stockton Whitten advised the Mosquito Control millage was reduced from .2280 mill to .2170 mill, Districts 1 and 4 Road and Bridge MSTU's remained the same, District 2 Road and Bridge MSTU was reduced from .4158 mill to .4063 mill, District 3 Road and Bridge MSTU was reduced from .6449 mill to .6324 mill, and District 5 Road and Bridge MSTU was reduced from .6916 mill to .6850 mill.

Commissioner Scarborough inquired about the impact on Mosquito Control operations; with Mr. Whitten responding the reduction in millage will still allow Mr. Hunt to put $256,692 in Capital Reserves. Mr. Jenkins stated those are new dollars. Commissioner O'Brien inquired if that is on top of the $130,000 he has in Reserve; with Mr. Whitten responding the Reserve as proposed is approximately $446,000; this would reduce it to $256,692 total for Capital. Commissioner O'Brien inquired if it includes the carry over from last year; with Mr. Whitten responding yes, and $160,000 of State funding. Commissioner Scarborough inquired for what purpose was the money in reserve, and how will it impact the continuation of the goals; with Mosquito Control Director Jim Hunt responding the money was put in reserve specifically to fund future year capital purchases such as vehicles, aircrafts, etc. Commissioner Scarborough inquired where is Mosquito Control in replacement of vehicles and aircraft; with Mr. Hunt responding they have a program to replace five vehicles every year; and they want to build reserves to replace an aircraft with 60 vintage years with a newer one. Commissioner Scarborough inquired when would they do the replacement; with Mr. Hunt responding in three years. Commissioner Scarborough stated the Board could come back and do some adjustments to help Mr. Hunt get to that posture later.

Chairman Higgs advised at the budget workshop, the Board indicated a desire to increase the millage for Mosquito Control; the concern was not capital, but operational funding; and this reduction does not seem to impact operations, although at some point the Board would have to add more dollars to the reserve account for a new aircraft. Commissioner O'Brien stated perhaps in mid-year the Board could look at it and see if it can add dollars to the reserve account for a new helicopter. Commissioner Scarborough stated it will not deteriorate service; with Mr. Hunt responding it does not affect service at all.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to approve tentative millages for General Revenue at 4.1042 mills, Library District at 0.7200 mill, Mosquito Control at .2170 mill, Fire Control MSTU at 2.2035 mills, Recreation District 1 MSTU at 0.5133 mill, Recreation District 4 O&M at 0.6226 mill, TICO Airport Authority at 0.0242 mill, Law Enforcement Countywide MSTU at 0.9805 mill, Road and Bridge District 1 MSTU at 0.7621 mill, Road and Bridge District 2 MSTU at .4063 mill, Road and Bridge District 3 at .6324 mill, Road and Bridge District 4 MSTU at 0.4606 mill, Road and Bridge District 5 MSTU at .6850 mill, Road and Bridge District 4 MSTU Beaches at 0.5664 mill, Road and Bridge District 4 MSTU Merritt Island South at 0.2110 mill, Environmentally Endangered Lands at 0.2500 mill, Beach and Riverfront Acquisition at 0.2120 mill, and Port St. John/Canaveral Groves Recreational Facilities MSTU at 0.8398 mill. Motion carried and ordered unanimously.

The meeting recessed at 8:42 p.m., and reconvened at 8:51 p.m.

ANNOUNCEMENT, RE: RECOMPUTED TENTATIVE AGGREGATE MILLAGE

Budget Manager Dennis Rogero advised the recomputed tentative aggregate millage is 6.8860 mills, representing a 2.03% increase over the rolled back millage rate of 6.7492 mills, but less than the current year millage of 6.9082 mills.

Commissioner O'Brien inquired what is the difference; with Mr. Whitten responding .014 mill.

PUBLIC HEARING, RE: TENTATIVE FY 2000-01 COUNTY BUDGET

Chairman Higgs called for the public hearing to consider the tentative County budget for FY 2000-01. She stated the issue that needs to be resolved is the Sheriff's issue regarding personnel funds.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant tentative approval of the County's budget for FY 2000-01 which includes $489,064,469 for County agencies, $75,253,213 for Charter Officers, and $37,357,713 for Dependent Special Districts; and direct staff to establish a contingency fund in the Sheriff's Budget giving the Sheriff full latitude to move the personnel funds at his discretion without coming to the Board. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: UNALLOCATED GENERAL FUND

Chairman Higgs advised the General Fund unallocated amount will be discussed at the final budget hearing.

PUBLIC HEARING, RE: FINAL BUDGETS FOR FY 2000-01

Chairman Higgs called for the public hearing to consider the final FY 2000-01 budget for Solid Waste Management Department, Surface Water Improvement Program, Emergency Medical Services, and Melbourne-Tillman Water Control District.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to approve the final budget for Solid Waste Management Department for FY 2000-01 at $82,851,081. Motion carried and ordered unanimously.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to approve the final budget for Surface Water Improvement Program for FY 2000-01 at $8,098,993. Motion carried and ordered unanimously.

Mr. Rogero advised the new total for Emergency Medical Services is $15,609,923, as there was a miscalculation. He stated it is $14,889,351 plus Micco at $720,572 for a total of $15,609,923.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to approve the final budget for Emergency Medical Services for FY 2000-01 at $15,609,923. Motion carried and ordered unanimously.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to approve the final budget for Melbourne-Tillman Water Control District for FY 2000-01 at $1,646,984. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ADOPTING FY 2000-01 USER FEES FOR MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Chairman Higgs called for the public hearing to consider a resolution adopting user fees for Melbourne-Tillman Water Control District for FY 2000-01. She noted the fees are unchanged.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution adopting user fees for Melbourne-Tillman Water Control District at $16.73 per lot, acre or portion thereof for Class I, Residential; $5.86 per lot, acre or portion thereof for Class II, Agricultural; and $32.50 per lot, acre or portion thereof for Class III, Commercial for FY 2000-01. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE FY 2000-01 STORMWATER UTILITY ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Higgs called for the public hearing to consider a resolution certifying the FY 2000-01 Stormwater Utility Assessment Roll to the Tax Collector.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution certifying the Stormwater Utility Assessment Roll to the Tax Collector for FY 2000-01. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE FY 2000-01 EMS ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Higgs called for the public hearing to consider a resolution certifying the FY 2000-01 EMS Assessment Roll to the Tax Collector.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution certifying the FY 2000-01 Emergency Medical Services (EMS) Assessment Roll to the Tax Collector. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: INCREASING FEE FOR COST OF SUPERVISION AND RESOLUTION ESTABLISHING DRUG SCREENING AND BREATHALYZER FEE

Chairman Higgs called for the public hearing to consider increasing the fee for cost of supervision and a resolution establishing a drug screening and breathalyzer fee.

County Manager Tom Jenkins advised it is requested the Board approve a fee increase from $135 to $275 for on-scene advanced life support services for airlift transport users, and adopt a resolution establishing a drug testing fee of $10 per test and reducing the $400 drug court fee to $300/$25 a month. He noted $100 of the original $400 fee was for unlimited drug testing.

Commissioner Voltz inquired why is the fee increasing from $135 to $300 which is more than double; with Public Safety Director Jack Parker responding there has been a tremendous increase in the number of air transports. Mr. Parker advised several years ago, most of those transports would have been via ground transport which is how the County charges for service; and he is glad it is successful in getting trauma patients to the trauma centers, but the ground transport revenues they estimated are going in the opposite direction. He stated they checked with other counties and found they are charging $300 to $350, similar to the flat fee for ALS; and the fee increase is to that level because they devote at least that much service on scene for extensive trauma incidents that require helicopter transport. He stated personnel on the scene, supplies used, and preparation for getting those patients on helicopters are extensive; and staff thought it would be best to at least try to recoup the cost of that operation. Commissioner Voltz stated to do it all at once is a bit much. Mr. Parker advised the air transports went from less than one a day or one every two days to three or three and a half a day; they expect it to go up from there, which would mean 1,500 air transports this year; and that is a lot of transports that are not raising revenues for the services rendered. He stated they provide extensive service; and generally there are two or three ambulances on scene rendering aid without performing a single transport.

Chairman Higgs inquired about reimbursements from Medicare and insurance companies; with Mr. Parker responding right now they are billing at $135 and receiving all of it from Medicare and insurance companies; and other counties are also being paid the majority of their $300 and $350 rates. Commissioner Carlson stated if other counties are charging $300 and $350, Brevard County should be competitive and not have to absorb the additional costs. Commissioner Voltz suggested charging patients the difference between what the insurance companies pay and the fee charged by the County. Mr. Parker stated in most cases insurance companies and Medicare are paying the lion's share of the charges because it is a legitimate operation; there is no insurance company that would question a medivac trauma transport from a significant accident scene to a trauma center; so the majority of those expenses are being picked up. He stated it is not additional revenue, but to help replenish the revenue that would be lost due to the reduction in ground transports. County Manager Tom Jenkins advised the alternative is to raise the assessment for everybody; and this is an alternative for those who require air lifts. Chairman Higgs stated statistics she has seen more than support the time saved to get patients to hospitals; and it is expensive equipment and service, but worth every dollar, so she would support it.

Commissioner O'Brien inquired who owns the helicopter; with Mr. Parker responding HealthFirst has a helicopter from Holmes Regional Medical Center, which is the primary service; and if that helicopter is busy, they call Volusia County for accidents in the north part of the County or ORMC. Commissioner Voltz inquired if HealthFirst bills the patients; with Mr. Parker responding yes. Commissioner Voltz inquired why is the County billing also; with Mr. Parker responding the helicopter companies bill at their rates for helicopter service; the County's rate is for preparatory service to keep patients alive and stabilized while waiting for the helicopter and doing what is necessary to get the patient transferred successfully from the accident scene to the chopper. He stated the County does not have a mechanism to get a share of the billing from the helicopter companies or hospitals. Mr. Jenkins advised staff can provide a cost breakdown to show the Board what it costs Brevard County to do that and what the rates were based on.

Chairman Higgs inquired if the Board wants to wait until it gets more information; with Commissioner Voltz responding yes. Chairman Higgs advised the item will be continued at the next budget hearing on September 19, 2000.

DISCUSSION, RE: CHARTER AMENDMENT PETITIONS

Commissioner Scarborough advised Supervisor of Elections Fred Galey advised him September 15, 2000 would be the deadline to put items on the ballot; the Charter says once the petition is certified, the Board is mandated to put it on the next general election or other election it chooses; and requested the Board take each amendment separately. He stated the Board rescinded its action on the pay increase; Mr. Knox said that renders the petition to rescind moot; so the Board would not put a moot issue on the ballot. County Attorney Scott Knox advised the initiative Ordinance provides once a requisite number of petitions have been verified, the Board is required to call a public hearing on the ordinance as presented to repeal the salary increase Ordinance; if it is voted up and agreed with, then it would stand repealed; however, the Board repealed the Ordinance before the petitions were presented to it, so the ordinance would be seeking to appeal an Ordinance that no longer exits; therefore, it is a moot issue. Commissioner Scarborough stated so there is nothing the Board has to do with that petition; with Mr. Knox responding his opinion is no, because it already took the action that is being asked for in the petition. Chairman Higgs inquired what could the Board do; with Mr. Knox responding it could rescind its action to repeal the Ordinance and reinstate it so it can repeal it again. Commissioner Scarborough stated he did not think the Board would do that.

Commissioner O'Brien stated the Home Rule Charter Committee obtained 15,000 signatures saying the Board should put a question on the ballot that says they want to repeal the raise the Commissioners gave themselves under the Charter; the Board repealed that raise based on whatever decision it was based on; but what it did not do is give the people a voice in the decision, so it does not know what they would have decided. He stated the Board listened to a few people making a lot of noise, but he also heard the opposite comments made by a lot of people; and inquired if the Board should consider the trouble the Committee went through to get the signatures, and let the people have their voice.

Chairman Higgs instructed the County Attorney to explain the Charter provision that allows a petition on Ordinances the Board acted on. Mr. Knox advised the Charter allows citizens to initiate ordinances of any kind; the proposed ordinance is to repeal an Ordinance on Commission salaries; there is a threshold number of petitions that have to be signed; and once that threshold is reached, the Supervisor of Elections verifies those signatures as being electors in the County, and presents the verified petition initiated ordinance to the Board. He stated the Board is required to hold a public hearing within 60 days and take a vote on the proposed ordinance as submitted; the Board can vote it up or down; and if it votes it down, it will be placed on the ballot for the people to vote on. Chairman Higgs inquired why is the Board not holding a public hearing since it received the petitions; with Mr. Knox responding because the Ordinance the petition seeks to repeal has already been repealed. Commissioner O'Brien stated the question he posed is has the Board excluded a lot of people by repealing the Ordinance.

Commissioner Scarborough recommended Mr. Knox explain each amendment. Mr. Knox advised he prepared a memo and faxed it to all the Commissioners, but is not sure if they got it before the meeting. He stated Item #1 was just covered; Item #2 deals with establishing Commission salaries; and he evaluated it for consistency, and believes it is consistent with State law and the Florida Constitution. He stated the next question is what to do with it because the Board has a version of the same issue which it already voted to put on the ballot; and the options the Board has are to put the Committee's version on the ballot, withdraw its own proposal, or place both proposals on the ballot in the yes/no format.

Commissioner O'Brien objected to both proposals being placed on the ballot as it would confuse the public. Mr. Knox stated it would be legal and technically possible, but it would be confusing. Commissioner Carlson inquired if that question was asked of Paul Gougelman; with Mr. Knox responding no, it was Item #3 which is the amendment procedure. Commissioner Carlson inquired if there was input from anyone else; with Mr. Knox responding yes, from Mr. Watts whose letter was included in the back of Mr. Gougelman's letter.

Mr. Knox advised Item #3 is the Charter amendment procedure; again, there are two different approaches; the Committee's proposal is consistent with General law even though there is the issue of removing the requirement that the amendments they propose not be consistent with General law, because it is implicit in any proposal that it has to be consistent with General law; so even if the expressed language to that effect is removed from the amendment, it does not change that requirement. He stated the Board was considering a proposal that would allow a review by a panel for consistency to General law before any amendment goes on the ballot; Mr. Gougelman seems to think that is okay, but would prefer the Legislature take action to allow counties to deal with that kind of situation; and Mr. Watts said there may be another alternative, but if the Board wanted to go with a panel, he could support that also. Mr. Knox advised Mr. Watts suggested ballot language and changes to the proposal; the problem is again the two versions; the County's proposal requires a 5% signature threshold to place an amendment on the ballot, and the Committee's proposal requires 4%; and the General law is if both were put on the ballot and they both passed, the Courts would have to reconcile them and make them applicable; and if it could not do that, then neither would be applicable and would be thrown out because the courts could not tell what the voters actually approved. He stated if the Board reduced it's threshold to 4%, it could probably harmonize both proposals. He stated the options are to approve the Committee's version and put it on the ballot, which it has to do; withdraw its proposal; or adopt its proposal and place both on the ballot as separate items reducing the 5% to 4%, and see what happens after that.

Maureen Rupe questioned the intent of Commissioner O'Brien's earlier statements about Commissioners' salaries, and whether he wanted to give the people an opportunity to say whether they wanted it increased or not; with Commissioner O'Brien responding no, whether they wanted it reduced, as the question is, "Should the raise that the Commission gave itself be reduced to the level of May 1, 1999?" Commissioner O'Brien stated the Board already repealed the pay raise, but the petition indicates they would rather say it than have the Board say it. Commissioner Scarborough stated to do that the Board would have to hold a public hearing to adopt an ordinance repealing the Ordinance that rescinded the raise; then it would have to hold another public hearing to adopt the ordinance from the Committee, and put it on the ballot.

Discussion ensued on the Charter provisions, preempting the petition from the Committee, Charter procedures, verification of signatures, and rewording the question on salaries.

Maureen Rupe stated the ballot language of the petition to amend Charter Sections 7.3.2 and 7.3.3 says, "Shall the Brevard County Charter be amended to change the required number of petitions to be signed from 5% to 4% and require proposed amendments to be placed on the next Countywide election; and if the Board refuses to comply, it may be considered to have committed malfeasance within the meaning of Article IV, Section 7.a. of the State Constitution?"; but the text has been added and subtracted to such an extent that the ballot summary is nothing but a cover up. She stated what the Home Rule Charter Committee has done is concentrate on amending the required number of petitions, and that is fine; but in the text it deletes the most important statement in the Charter, and that is that the Charter cannot be inconsistent with the State Constitution and General law. She stated something so radical and illegal should be in the ballot language, not in the text, so everyone knows exactly what he or she is voting for. Ms. Rupe stated the Committee added in Section 7.3.2, "Since the Charter does not provide the Board or the petitioner with an avenue to determine whether proposed amendments are consistent with the State Constitution and General law, the proposed amendment will be governed by Sections 1.3 and 1.6 of the Charter." She stated they must have searched the Charter for the slightest in semantics that could uphold their cause because she does not see a similarity to it. She stated the summary also says, "If the Board refuses to comply, it may be considered to have committed malfeasance within the meaning of Article IV, Section 7.a. of the State Constitution"; and inquired if they are using the State law to argue a point not to be in compliance with State law. Ms. Rupe stated the Supervisor of Elections verified the petitions, but that does not mean they are legal in ballot language and text; Mr. Galey is not required to evaluate the petitions for Constitutional legalities; and to put something to vote that cannot be legal, even if everyone voted for it, is opening floodgates for dangerous proposals and lawsuits. She requested the Board put on the ballot only those amendments that are legal.

Commissioner Carlson inquired what happened to the process of making sure petitions have legal edification; with Mr. Knox responding that is the proposed amendment dealing with the amendment procedures; the Board asked him to get two opinions on that; and that is what it has in front of it. Commissioner Carlson inquired if the 5% and 4% are in direct conflict with that procedure; with Mr. Knox responding the 5% is the County's version of the amendment procedure; the 4% is what the Committee proposed; and he suggested dropping the 5% to 4% if the Board wanted to go forward with its proposal. Mr. Knox stated the Committee's proposal does take out the requirement that amendments do not have to be consistent with the State Constitution or General law; but the Committee referred to Section 1.6, which says nothing in the Charter is supposed to be construed in a manner that is not consistent with General law; so the Committee took it out in one section and put it back in the second sentence. He stated even if that reference to Section 1.6 was not there, the consistency requirement would still be implicit in the amendment; and the Committee even argued that in court, that even if the language was not there, it would be implicit that anything proposed as an amendment to the Charter would have to be consistent with General law.

Chairman Higgs inquired who would determine consistency with General law; with Mr. Knox responding that is where the Committee has an issue; it does not think the Board should make that call; and it thinks the court should make that call. Commissioner Higgs stated the Committee's attorney argued contrary to that the last time the Board went to court to get a declaratory judgment and said the Board should be the one determining that. Mr. Knox stated the judge found that the Board should make the first call; and in court the Committee argued the Board should not make that call.

Commissioner Voltz inquired what did the judge decide; with Mr. Knox responding Judge Kahn is taking it under advisement and will get the County a ruling as quickly as she can. He stated Judge Kahn will determine whether the Board acted appropriately in keeping the MSTU proposal and the borrowing proposal sponsored by the Committee off the ballot, and will clarify the term limit provision to make sure it is understood that it is perspective in application. Commissioner Carlson inquired if there is a time limit in getting it on the ballot; with Mr. Knox responding he cannot push the judge to do anything. Commissioner Scarborough inquired if the judge failed to give the Board instructions before the deadline for getting the amendments on the ballot, what would be the Board's posture; with Mr. Knox responding he anticipates the judge will get something out quickly.

Chairman Higgs inquired if one of the three issues will be put on the ballot; with Mr. Knox responding the Board has a substitute version of the MSTU issue, which is non-binding. Chairman Higgs inquired if the judge rules the Board cannot determine they are legal, would it have to take off its proposed amendment. She stated there are three proposed amendments from the Committee and two from the Board; the three would have to go forward because they would have a judge's order; and inquired what happens to the two that the Board sent forward; with Mr. Knox responding it would be in the posture of the yes and no format if the Board wants to keep its proposed amendments. Chairman Higgs stated if the Board by super majority put an amendment forward, would it be forced by the court to take it off; with Mr. Knox responding no, it can be done with the yes and no scenario, which is the same structure for any amendments where there are repeat provisions. Commissioner Carlson stated people would vote no across the board because they would not understand anything, and nothing would happen.

Commissioner O'Brien stated the Board should rescind action taken last week concerning Commissioners' salaries, and put a question on the ballot, "Should the County Commission be paid by the CPI or the Commissioners' pay. . .," and not put two questions on the ballot. He stated it could set the basic salary and allow yearly increases not to exceed the average percentage increase of County employees or the Consumer Price Index whichever is less, and not allow automatic pay increases. Commissioner Scarborough inquired if Commissioner O'Brien wants to substitute the Committee's proposed amendment for the Board's proposed amendment; with Commissioner O'Brien responding yes, to avoid confusion.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to put the Home Rule Charter Committee's proposed amendment on establishing salaries for County Commissioners on the ballot, and rescind the Board's proposed amendment.

Chairman Higgs inquired if it has to be advertised for a public hearing; with Mr. Knox responding no, it is a resolution and not an ordinance. Discussion ensued on the ballot language and preferring to take it out of the hands of the Board.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

County Manager Tom Jenkins inquired if the Board is going to rescind Resolution No. 2000-248 setting the method for establishing Commission salaries; with Commissioner O'Brien responding yes. Mr. Knox stated he would have to bring the formal resolution back next week.

Discussion continued on rescinding a non-existing ordinance and time involved.

Chairman Higgs stated she wants to ensure the Board acts in accordance with the Charter's procedure, have a public hearing, and take formal action again so no one can say it did not have a hearing. Commissioner Scarborough inquired if it could be noticed for next week; with Mr. Knox responding it has to be advertised ten days before the hearing. Commissioner Scarborough stated if it is not done in a timely manner, it would not have a meaningful hearing. Discussion ensued on the time line for getting items on the ballot, complying with the Charter procedures on public hearings, and which items would the public hearing affect.

Motion by Commissioner Voltz, to schedule a public hearing on the petitioned ordinance repealing Commissioners' salary increases. Motion carried and ordered unanimously.

Commissioner Scarborough objected to the ballot language from the Committee that does not include that the Committee is not consistent with the State Constitution and General law, as included in the text. He stated the intent is that the Committee does not want to be consistent with the laws of Florida. Mr. Knox stated from a legal standpoint, they could make the argument that it is implicit, they put it in Section 1.6, so they never took it out, and it does not have to be in the ballot summary.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Attorney to prepare a resolution on the procedure for proposed Charter amendments, to be presented to the Board next week. Motion carried and ordered unanimously.

Commissioner Scarborough inquired if Mr. Knox changes the review process to reflect 4% and it does not pass, will it be inconsistent at 5%; with Mr. Knox responding if the Board is going forward with its proposed amendment on a panel, it would require the Committee's and Board's versions being placed on the ballot. Commissioner Scarborough stated if the Board picked 4% and it passed, it would be inconsistent with Section 7.3.2; with Mr. Knox responding no, it would amend that Section. Mr. Knox inquired if the Board wants to go forward with its own version.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to amend the resolution to reflect 4% to be consistent with the Home Rule Charter Committee's proposed amendment, and direct the County Attorney to return the formal resolution to the Board. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner O'Brien stated the Committee brought a petition forward to put on the ballot; if it is inconsistent with the law, the Board can tell the Committee it is inconsistent and cannot be put on the ballot; and if it is not inconsistent, then it should be put on the ballot. He stated it should go out on the ballot for the people to say yes or no, and should not be for the Board to say it.

Chairman Higgs stated the Board's version of the amendment with a consistent percentage will come back for review next week. Mr. Knox requested permission to incorporate some of the comments Mr. Watts made which were legitimate.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the County Attorney to include legitimate comments from Mr. Watts in the resolution to be brought back to the Board at the next meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: EMPLOYEES' SALARY INCREASES FOR FY 2000-01

Commissioner Scarborough advised of comments he received and a letter from an employee who resigned; and inquired if the employees know about the magnitude of the wage increase that has been set forth. He stated some of the comments indicate there is failure on the part of the Board to look to their wages so they are going elsewhere.

County Manager Tom Jenkins advised some employees have left, but Human Resources has distributed that information in several formats, including through the Employee Advisory Committee. Commissioner Scarborough stated he would hate to lose good employees because they do not know they may be getting a 10% increase in December, 2000. Mr. Jenkins noted that information is well circulated among the employees.

Upon motion and vote, the meeting adjourned at 9:48 p.m.

ATTEST:

NANCY HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)